Microwave Fixed Radio Services

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 21, 94, and 101

[WT Docket No. 94-148; FCC 94-314]

Microwave Fixed Radio Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: By this action, the Commission proposed to simplify the rules

for the common carrier and private operational fixed microwave services

that are currently contained in separate Parts of the Commission's

Rules, and to consolidate those rules into a new Part. The key

objectives of this action are to restructure the fixed microwave rules

so that they are easier for the public to understand and use, to

conform similar rule provisions to the maximum extent possible, to

eliminate redundancy, and to remove obsolete language from the

Commission's Rules. The Commission is also reviewing the need for and

impact of certain regulatory requirements and policies for the common

carrier and private operational fixed microwave services.

DATES: Comments must be submitted on or before February 3, 1995. Reply

comments must be submitted on or before February 21, 1995.

FOR FURTHER INFORMATION CONTACT:

Robert James, Wireless Telecommunications Bureau, (202) 634-1706.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice

of Proposed Rulemaking in WT Docket No. 94-148, FCC 94-314, adopted

December 9, 1994, and released December 28, 1994. The full text of this

Commission decision is available for inspection and copying during

normal business hours in the FCC Reference Center (Room 239), 1919 M

Street NW., Washington, DC. The complete text of this decision also may

be purchased from the Commission's copy contractor, International

Transcription Service, Inc., (202) 857-3800, 2100 M Street NW.,

Washington, DC 20037.

Summary of the Order

1. Common carrier microwave services and private operational fixed

microwave services share many of the same frequency bands and use

substantially the same equipment. As a result of recent changes that

are discussed below, the interference standards, antenna standards, and

coordination procedures for private and common carrier fixed microwave

services have further converged. This rulemaking is an effort to

conform filing, processing, operational, and technical requirements for

services that are technically similar and, thereby, to gain significant

economies and alleviate confusion to the public.

2. Communications services that use the microwave spectrum for

fixed services include common carriers (currently regulated by Part 21

of the FCC Rules), common carrier multiple address systems (Part 22),

broadcasters (Part 74), cable TV operators (Part 78), and private

operational fixed users (currently regulated by Part 94). The radio

frequency spectrum is allocated among these services on either a shared

or an exclusive basis. When different service users have similar needs,

they are sometimes required to share spectrum bands.

3. Of the services listed above, the common carrier and private

operational fixed microwave users are the most similar in technical

requirements and share the most frequency bands. The convergence of the

common carrier and private operational fixed microwave technical

standards has occurred over the last decade as a result of several

rulemaking proceedings. See Second Report and Order in GEN Docket No.

79-188, 48 FR 50322 (1983); Third Report and Order in GEN Docket No.

82-334, 52 FR 07136 (1987); Third Report and Order in GEN Docket No.

82-243, 56 FR 34149 (1991); and First Report and Order in PR Docket No.

83-426, 50 FR 13338 (1985). Recently, a further convergence of these

two services occurred as a result of the reallocation of five bands

above 3 GHz

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on a co-primary basis to the common carrier and private operational

fixed microwave licensees that are relocating from the 1850-1990, 2110-

2150, and 2160-2200 MHz bands (2 GHz bands) to accommodate Personal

Communications Services (PCS) and other emerging technologies. See

Second Report and Order in ET Docket No. 92-9, 58 Fed. Reg. 49220

(1993). Although the emerging technologies proceeding resolved all the

technical issues necessary for this reallocation, there were other

technical matters raised in the proceeding, which were not considered

critical to the 2 GHz microwave users' relocation to other regions of

the spectrum, that were left to be settled in a future proceeding.

4. Also, as a result of the emerging technologies spectrum

reallocation and the resulting increase in frequency band-sharing,

common carrier and private microwave industry members have united to

develop joint interference standards and coordination procedures. For

over a year, a subcommittee of the Telecommunications Industry

Association's Fixed Point-to-Point Microwave Engineering Committee (TIA

TR14.11 Interference Criteria Engineering Subcommittee) has held joint

meetings with the National Spectrum Managers Association (NSMA), a

group of frequency coordinators for Part 21 applicants, to determine

interference criteria for Part 21 and Part 94 users. This collaboration

has resulted in a revised TIA Telecommunications Systems Bulletin TSB

10-F, ``Interference Criteria for Microwave Systems,'' (TSB 10-F) which

was adopted by the microwave industry on May 31, 1994. Representatives

from both the TIA fixed microwave group and the NSMA have met with

Commission staff to discuss the benefits of common technical standards,

processing procedures, and consolidated rules for common carrier and

private operational fixed microwave users.

5. Another factor necessitating this proceeding is that the

majority of the license application processing for the Part 21 and Part

94 microwave services is now being handled by the Wireless

Telecommunications Bureau's Licensing Division in Gettysburg,

Pennsylvania. Because the application processing for these services was

formerly performed by different Commission offices, the processing

practices and policies differed. See Public Notice, ``New Application

Processing Practices in the Common Carrier Point-to-Point Microwave and

Broadcast Auxiliary Services,'' DA 93-77, January 27, 1993, 8 FCC Rcd.

775, (1993). This proceeding seeks to bring uniformity to the fixed

microwave application processing procedures.

6. The Part 21 and Part 94 rules need to be consolidated,

conformed, and updated to allow the microwave industry to operate as

efficiently as possible without being hampered by obsolete regulations.

Because of the commonality of major portions of the existing common

carrier and private operational fixed microwave rules and the industry

move to create common standards and coordination procedures, we believe

it would be beneficial to consolidate these rules into one

comprehensive part. At the same time, this proceeding provides us with

an opportunity to improve the organization of the microwave rules, to

simplify them, to eliminate unnecessary language, and to make other

substantive amendments.

We expect that a new consolidated Part 101 will result in major

benefits. First, the public will benefit because of a much simplified

and streamlined licensing process. Second, the improvements in

processing efficiency will save scarce Commission resources and free

staff time to improve service to the public. Third, we expect the

proposed rules to encourage more efficient use of the microwave

spectrum. Finally, common technical standards for common carrier and

private microwave equipment may lead to economies of scale in microwave

equipment production and, thus, lower equipment prices to users.

7. Proposed Part 101 is approximately 65 percent the volume of the

current common carrier and private radio fixed microwave rules. This

reduction results from the elimination of repetitive sections such as

definitions, application procedures, and processing procedures, the

elimination of unnecessary language, and the consolidation of the

remaining rules. In the paragraphs below we address the proposed

changes for each subpart and section of the rules, other than proposed

changes that are editorial in nature or that concern only renumbering

of existing rule language.

8. We welcome comments on whether the scope of our consolidation

effort is appropriate. We ask that comments identify the subject of

their remarks, whenever possible, by citing the proposed section number

of a rule (with cross-reference to the old rule as necessary). This

identification will expedite and simplify our review of the comment on

the many proposals contained in this Notice.

General Requirements

9. Definitions. We propose to make minor editorial changes in the

definitions where appropriate. In instances where a definition now

appears in more than one rule section and is phrased inconsistently, we

propose to use the phrasing that we believe to be the most precise. In

cases where a definition appears in Part 2 of the Rules as well as in

another part, the proposed Part 101 definition adopts the Part 2

definition in order to conform with either the International

Telecommunication Convention or the international Radio Regulations.

Additionally, we propose to change the name and all relevant terms

related to the Private Digital Termination System service to match the

name and terms of the identical Common Carrier Digital Electronic

Message Service. See proposed Section 101.3.

Applications and Licenses

10. General Application Requirements. We propose to eliminate

several application showings that are currently required of common

carrier microwave applicants under Part 21 of the rules, but which are

not essential for processing these applications. We request comments on

each of these proposals. First, we propose to eliminate the financial

showing required under Secs. 21.13(a)(2) and 21.17. Lack of financing

has generally not been a problem in the common carrier services being

transferred to Part 101, and we consider a certification of financial

ability unnecessary in these services. Second, we propose eliminating

the public interest showing required under Sec. 21.13(a)(4). We

tentatively conclude that the public interest will generally be served

by granting applications in these services that meet all the

Commission's other rules and requirements, and that separate statement

form the applicant pursuant to Sec. 21.13(a)(4) is unnecessary. We also

note that the Commission can still request a separate public interest

showing if this is deemed necessary in any particular case. Third, we

propose eliminating the requirement that applicants submit a copy of

any franchise or other authorization when such authorizations are

required by local law. See Sec. 21.13(f). We request comments on

whether we should replace this application showing with a rule, similar

to that contained in Part 22 of the rules, stating that applicants must

comply with all local franchise or authorization requirements, obtain

any local authorizations by the end of the construction period, and

notify the

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Commission if local authorization is denied. See Sec. 22.13(f). Fourth,

we propose eliminating showings regarding control over the station, see

Sec. 21.13(g), and maintenance procedures, see Sec. 21.15(e). We

request comments on whether we should replace these showings with a

general rule describing a licensee's responsibilities for maintenance

and control of the station and requiring that maintenance contracts

must be in writing. See Sec. 22.205. We also request comments on

whether we should continue to require the address and telephone number

of a maintenance center or person responsible for technical operation,

see Sec. 21.15(e)(1) and Item 18 of FCC Form 494 (``Application for New

or Modified Microwave Radio Station License Under Part 21''), or

whether this requirement is unnecessary and should also be deleted.

Fifth, we propose to eliminate the vertical profile sketch, see

Sec. 21.15(c), and the site availability showing, see Sec. 21.15(a), as

these showings are not necessary for processing and lack of site

availability has not been a problem in the common carrier services

being transferred to Part 101. Sixth, we request comments on whether

the public interest showing currently required of applicants in the

Point-to-Point Microwave Radio Service pursuant to Sec. 21.706(a)

should be retained or deleted. We also propose to allow electronic

filing for all fixed microwave services authorized under Part 101 as is

currently allowed for private land mobile applications. See proposed

Sections 1.743, 1.913, and 101.37. Finally, we request comments on what

requirements we should adopt regarding retention or posting of the

station license. See e.g. Secs. 21.201, 22.201, and 94.107.

11. Licensee Qualifications and Consummation of Assignments and

Transfers. Under Part 21, applicants and licensees are currently

required to provide ownership and character information on FCC Form 430

(``Licensee Qualification Report''), see Sec. 21.11(a), and to disclose

the real party in interest behind the application pursuant to

Sec. 21.13(a)(1). See also Sec. 21.305. We request comment on precisely

what ownership (including partnership) and character information we

should continue to require of common carrier applicants and licensees

under the new Part 101. In addition, under Sec. 21.11 (d), (e), and

(f), applicants are required to complete assignments or transfers of

control within 45 days of the date of authorization and to notify the

Commission within 10 days of consummation. In the common carrier

services being transferred to Part 101, applicants frequently request

extensions of time to complete assignments or transfers. Such requests

are routinely granted. Based on this experience, we request comment on

whether the time for consummation of assignments and transfers should

be extended to 360 days or longer, or whether applicants should be

allowed merely to notify the Commission of failure to consummate,

rather than requiring applicants to file, and the Commission to grant,

repeated extension requests. We also propose to eliminate the

requirement for common carriers to notify the Commission within 10 days

of consummation.

12. Commencing Operation. With regard to the requirement for

stations to be placed in operation within a certain period after the

date of grant, it has been common practice among some applicants to

request and obtain a modification of their license and thereby obtain

additional time within which to be in operation. Some applicants

repeated this procedure several times, thereby extending their

operational deadline far beyond the period contemplated by the rules.

In response to these perceived abuses, the Commission's Private Radio

Bureau Licensing Division issued a Public Notice clarifying that a

station must be placed in operation within the time required by current

Sec. 94.51 irrespective of whether the licensee had been granted an

amendment to its station authorization. We propose to codify this

longstanding interpretation of our rule. See proposed Section 101.63.

13. Although current Sec. 94.51 requires that private fixed

microwave stations be placed in operation within a time certain, it

does not define what constitutes operation for purposes of the rules.

In the past, several applicants have argued that the transmission of

color bars or other types of strictly test signals satisfies the rule's

requirement of being in operation. This interpretation has been

uniformly rejected by the staff. Applicants have also argued that the

Sec. 94.51 requirement of being in operation is satisfied as long as

the station is simply capable of transmitting intelligence. The staff,

however, has consistently informed the public that the mere capability

of transmission does not satisfy the requirement of being in operation.

We are proposing in Section 101.67(d) to make it clear that only the

transmission of operational signals is sufficient to satisfy the ``in

operation'' requirement and that neither the capability of transmission

nor the transmission of color bars or similar test signals satisfies

the requirement to be in operation. We are proposing to apply this

requirement to both private and common carrier fixed microwave users,

as the underlying basis for this proposal, efficient spectrum usage,

applies equally to both groups. We request comment on whether this

requirement is necessary or applicable for common carrier licensees

under proposed Part 101.

Technical Standards

14. Frequency Availability Chart. A new frequency availability

chart has been placed in the proposed rules (proposed Section 101.101)

for the convenience of licensees and applicants. In addition to showing

the frequency availability for private and common carrier users, it

also shows other services, such as broadcast, cable, PCS, MDS, and

ITFS, that share the same bands. More specific technical information

for the common carrier and private microwave services are contained in

rule Subparts G through J.

15. Coordination Procedures and Interference Standards. In the

Second Report and Order in ET Docket 92-9, the Commission adopted the

current Part 21 coordination procedures and the current Part 94

interference standards for the relocated common carrier and private

operational fixed microwave users. As stated above and in the Second

Report and Order, the common carrier and private microwave industry

members have united to develop joint interference standards and

coordination procedures. We propose, therefore, to apply the same

coordination procedures and interference standards to all bands for

both private and common carrier fixed microwave services. In addition,

we propose to modify the present coordination procedures and

interference protection standards to be consistent with the TIA

industry standards. See proposed Secs. 101.103 and 101.105.

16. Transmitter Power Limitations. In addition to merging the

transmitter power table from Parts 21 and 94, we also propose to

eliminate the values for maximum allowable transmitter power, while

retaining the values for Equivalent Isotropic Radiated Power (EIRP).

See proposed Sec. 101.113. We are proposing to allow a maximum EIRP of

+55 dBW for all point-to-point microwave bands from 4 GHz to 40 GHz, to

allow for increased path reliability on long paths and to set a common

standard for all bands. See proposed Sec. 101.113. This proposal is

based partly on TIA recommendations. Comsearch also proposed a maximum

allowable EIRP of +55 dBW in an earlier

[[Page 2725]]

proceeding. Comsearch points out that in Part 25 of the Rules, the

terrestrial station EIRP used to determine frequency coordination

distance in the 4, 6, and 11 GHz bands is +55 dBW, which corresponds

with the International Telecommunications (ITU) Radio Rules and

Regulations. The Commission decided not to act on that portion of

Comsearch's petition, instead deferring consideration of maximum

authorized power, antenna standards, and ATPC to a future proceeding.

We seek comment on whether increasing the transmitter power limitations

as proposed would have any negative impact on any radio users.

17. Automatic Transmitter Power Control. ATPC is a feature of

digital microwave radio that automatically adjusts transmitter output

power based on path fading detected at the far-end receiver(s). In the

emerging technologies/relocation proceeding, commenters proposed that

ATPC should be explicitly authorized in the rules. In response, the

Commission clarified in the rules that ATPC is permitted up to a 3 dB

increase in power and encouraged industry groups to explore in greater

detail under what circumstances ATPC should be authorized and whether a

greater increase in power than 3 dB would be appropriate. We have

reviewed the ATPC guidelines in TSB 10-F and are still uncertain of the

necessity of including explicit provisions for it use in the rules. We

seek comment on whether it is necessary to have TIA's recommendations

for ATPC implementation included in our Rules. TSB 10-F contains

provisions for up to three different power level specifications:

maximum transmit power, coordinated transmit power, and nominal

transmit power. We also seek comment on how these recommendations for

ATPC should be implemented under our current licensing scheme, which

authorizes only a single operating power level on each license, with

that power being the one used in the coordination process. If the use

of ATPC as described in TSB 10-F were to be permitted, what changes

would the Commission have to make to its forms, licenses, and data

base?

18. Antenna Standards. All antenna standards for Part 101 services

have been consolidated into one rule section (proposed section

101.115). Few substantive changes to the antenna standards are

proposed. In the Docket 92-9 proceeding, commenting parties raised

concerns about our existing antenna standards, stating that the

category A standards should be updated and that a new detailed

definition of congested areas should be specified to maximize

efficiency and permit full use of available bands. The Commission does

not have sufficient information at this time to propose specific

changes to these standards.

Developmental Authorizations

19. We propose to eliminate the general requirement that applicants

report on any patents applied for as a result of a developmental

authorization. This information is in the public domain when the patent

is granted, and our requirement is, therefore, duplicative. We also

propose to modify the language concerning the confidentiality of

developmental reports to make it consistent with our general rules on

requests for confidentiality. The consolidated rules continue the

prohibition on providing service for hire with a developmental grant

now placed on common carriers and extends the prohibition against

commercial operation of a developmental grant to private radio

operations.

20. In this Notice, we have proposed to amend the regulations for

the common carrier and private operational fixed microwave services by

consolidating and simplifying their present rule parts, contained

respectively in Parts 21 and 94 of the Commission's Rules, to create a

new Part 101. Our specific proposals are contained in the rules

appendix. We solicit comment on them. We also invite comment on any

additional changes that can make the Commission's microwave rules more

``user friendly'' and help the staff provide improved service to the

public.

21. Initial Regulatory Flexibility Analysis. Pursuant to the

Regulatory Flexibility Act of 1980, the Commission finds as follows:

A. Reason for Action

This rulemaking proceeding is initiated to obtain comment regarding

consolidation and simplification of the microwave rules not contained

in parts 21 and 94 of title 47 of the Code of Federal Regulations.

B. Objectives

This action would reduce redundancy now contained in the rules and

remove obsolete rules and language. It would also simplify and clarify

the requirements for filing license and other authorization

applications, the processing of applications and other requests, and

the operation of common carrier and private operational fixed microwave

stations.

C. Legal Basis

The proposed action is authorized by Sections 4(i) and 303(r) of

the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and

303(r).

D. Description, Potential Impact, and Number of Small Entities Affected

This reorganization and revision of the common carrier and private

operational fixed microwave rules will reduce the volume of the rules

by approximately 25 percent and make them easier to use and understand.

Both the reduction in volume and consolidation of the rule should

improve their usefulness as they will be more easily understood by, and

save research time for, the public. The benefits would accrue to all

interested parties, large and small entities alike. We invite specific

comment by interested parties on the likely magnitude of the impact on

small radio manufacturers and suppliers.

E. Reporting, Record Keeping, and Other Compliance Requirements

There should be an overall decrease in reporting, record keeping,

and other compliance requirements. The use of electronic filing alone

should greatly reduce the amount of paperwork required to be filed and

increase speed of service.

F. Federal Rules That Overlap, Duplicate or Conflict With These Rules

None.

G. Significant Alternatives Minimizing Impact on Small Entities

Consistent With Stated Objectives

The objective of this proceeding is to minimize confusion, research

time, record keeping and recording for users of microwave radio

frequencies. We are unaware of other alternatives that would be as

desirable. We solicit comments on this point.

22. Other Matters. This is a non-restricted notice and comment

rulemaking proceeding. Ex parte presentations are permitted, provided

they are disclosed as provided in the Commission's rules. See generally

47 CFR 1.1202, 1.1203, and 1.1206(a).

23. This action is taken pursuant to Sections 4(i) and 303(r) of

the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i)

and 303(r).

24. Pursuant to applicable procedures set forth in Sections 1.415

and 1.419 of the Commission's Rules, interested parties may file

comments on or before February 3, 1995, and reply comments on or before

February 21, 1995. All relevant and timely comments will be

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considered by the Commission before final action is taken in this

proceeding. To file formally in this proceeding, participants must file

an original and four copies of all comments, reply comments, and

supporting comments. If participants want each Commissioner to receive

a personal copy of their comments, an original plus nine copies must be

filed. Comments and reply comments should be sent to Office of the

Secretary, Federal Communications Commission, Washington, DC 20554.

Comments and reply comments will be available for public inspection

during regular business hours in the Reference Center (Room 239) of the

Federal Communications Commission, 1919 M Street, NW., Washington, DC

20554.

List of Subjects

47 CFR Part 1

Administrative practice and procedure, Communications common

carriers.

47 CFR Part 2

Communications equipment.

47 CFR Part 21

Communications common carriers, Communications equipment, Radio,

Reporting and recordkeeping requirements, Television.

47 CFR Part 94

Communications equipment, Radio, Reporting and recordkeeping

requirements.

47 CFR Part 101

Communications common carriers, Communications equipment, Radio,

Reporting and recordkeeping requirements, Television.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95-647 Filed 1-10-95; 8:45 am]

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