Wireless Communications Service

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 27, and 97

[GN Docket No. 96-228; FCC 96-441]

Wireless Communications Service

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: By this Notice of Proposed Rule Making (``NPRM''), the Federal

Communications Commission (``Commission'') proposes to establish a new

Wireless Communications Service (``WCS'') in the 2305-2320 and 2345-

2360 MHz bands. This action is being taken pursuant to the Omnibus

Consolidated Appropriations Act, 1997 (``Appropriations Act''). The

intended effect of this action is to make thirty megahertz of spectrum

available for the provision of fixed, mobile, radiolocation services,

or satellite Digital Audio Radio Services (``satellite DARS'').

DATES: Comments must be submitted on or before December 4, 1996 and

reply comments must be submitted on or before December 16, 1996.

ADDRESSES: Comments and reply comments should be sent to Office of the

Secretary, Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and

Technology, (202) 418-2450, or Matthew Moses or Joshua Roland, Wireless

Telecommunications Bureau at (202) 418-0660.

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

in GN Docket No. 96-228, adopted on November 8, 1996, and released on

November 12, 1996. The complete NPRM is available for inspection and

copying during normal business hours in the FCC Reference Center (Room

239), 1919 M Street, N.W., Washington, D.C., and also may be purchased

from the Commission's duplication contractor, International

Transcription Service, (202) 857-3800, 2100 M Street, N.W., Suite 140,

Washington D.C. 20037. The complete NPRM is also available on the

Commission's Internet home page (http://www.fcc.gov/).

Summary of NPRM

I. Introduction

1. By this action, we propose to establish a new Wireless

Communications Service (``WCS'') in the 2305-2320 and 2345-2360 MHz

bands. We also propose to award one or more WCS licenses by competitive

bidding using multiple round electronic auction procedures. We further

propose to permit the WCS licensee to provide any fixed, mobile,

radiolocation services, or satellite Digital Audio Radio Services

(``satellite DARS''), consistent with the international Radio

Regulations. Finally, we propose to establish service and technical

rules to ensure that harmful interference is not caused to other radio

services. We believe that these proposals will enable WCS licensees to

use their spectrum in the most technically and economically efficient

manner practicable. This action is being taken pursuant to the Omnibus

Consolidated Appropriations Act, 1997, P.L. 104-208, 110 Stat. 3009

(1996). (``Appropriations Act'').

II. Background

A. Appropriations Act

2. The Appropriations Act requires the Commission to reallocate the

frequencies at 2305-2320 and 2345-2360 MHz to wireless services that

are consistent with international agreements concerning spectrum

allocations, and to assign the use of such frequencies by competitive

bidding pursuant to Section 309(j) of the Communications Act of 1934

(``Communications Act''). See 47 U.S.C. 309(j). In addition, the

Appropriations Act requires that the Commission, in making these bands

of frequencies available for competitive bidding, seek to promote the

most efficient use of the spectrum, and take into account the needs of

public safety radio services. The Appropriations Act also requires that

the Commission commence the competitive bidding process for the

assignment of the frequencies made available by this action no later

than April 15, 1997. Finally, the Appropriations Act requires the

Commission to conduct the competitive bidding for these frequencies in

a manner that ensures that all proceeds of the bidding are deposited in

accordance with Section 309(j)(8) of the

[[Page 59049]]

Communications Act, not later than September 30, 1997.

3. In order to make this spectrum available for licensing quickly,

the Appropriations Act grants the Commission permission to use

expedited administrative procedures. Specifically, the Appropriations

Act states that rules governing the frequencies made available by this

proceeding will be effective immediately upon publication in the

Federal Register. The Appropriations Act makes inapplicable to this

rule making proceeding the contrary requirements of 5 U.S.C. 553(d)

(Administrative Procedure Act provision that a substantive rule must

generally be published in the Federal Register at least 30 days before

its effective date) and 5 U.S.C. Secs. 801(a)(3) and 806(a) (Contract

With America Advancement Act provisions). The Appropriations Act

further provides that 5 U.S.C. Chapter 6 (regulatory flexibility

analysis requirements) and 44 U.S.C. 3507 and 3512 (information

collection requirements) will not apply to the rules and competitive

bidding procedures governing the frequencies at issue here. Further,

the statute provides that the Commission may grant a license

application for these frequencies no earlier than seven days following

issuance of a public notice of the acceptance for filing of the

application or major amendment thereto, notwithstanding the 30-day

public notice provisions of 47 U.S.C. 309(b). Finally, the statute

provides that the Commission may specify a period that is not less than

five days following issuance of such public notice for the filing of

petitions to deny a license application for these frequencies,

notwithstanding the 30-day public notice provisions of 47 U.S.C.

Sec. 309(d)(1).

B. Existing Spectrum Allocations and Use

i. International

4. With regard to the frequencies under consideration in this

proceeding, the member nations of the International Telecommunication

Union (``ITU'') have adopted the following radio service allocations

that apply to use of this spectrum in the United States. The 2300-2450

MHz band is allocated to the fixed, mobile, and radiolocation services

on a primary basis.1 In addition, the 2310-2360 MHz band is

allocated to the broadcasting-satellite service (sound) and

complementary terrestrial sound broadcasting service on a primary basis

in the United States, and this use is limited to digital audio

broadcasting. Finally, the 2300-2450 MHz band is allocated to the

amateur radio service on a secondary basis.

---------------------------------------------------------------------------

\1\ The aeronautical mobile service for telemetry, however, has

priority over other uses by the mobile service in the 2300-2390 MHz

band in the United States and the 2300-2483.5 MHz band in Canada.

See international footnote S5.394. We also note that the ITU is

transitioning to new Simplified Radio Regulations, which use the

``S'' numbering scheme for international footnotes. In anticipation

of the ITU's ultimate conversion to the Simplified Radio

Regulations, we are employing the new ``S'' numbering scheme for

international footnotes adopted in this proceeding. The Commission

lists the international footnotes immediately following the Table of

Frequency Allocations in Section 2.106 of the Rules. See 47 CFR

Sec. 2.106. Until such time as this list is revised in its entirety

to comport with the new ``S'' numbering scheme, those international

footnotes that are amended to the new scheme in individual

proceedings will be listed in Section 2.106 immediately prior to the

list of unamended footnotes employing the old numbering scheme.

---------------------------------------------------------------------------

ii. Domestic

5. In the United States, the 2300-2310 MHz band was made available

for exclusive non-Government use as of August 10, 1995.2

Currently, the only non-Government use of this band is by the amateur

radio service, which operates in this spectrum on a secondary basis.

The 2310-2360 MHz band was recently re-allocated to the non-Government

broadcasting-satellite service on primary basis. This allocation is

limited to digital audio broadcasting, commonly known as satellite

DARS, in the United States.3 In the action allocating this

spectrum to satellite DARS, we stated that it would be necessary to

accommodate the aeronautical telemetry services now operating in the

2310-2360 MHz band in the 2360-2390 MHz band. The aeronautical

telemetry community supported this re-accommodation. Continued use of

the 2310-2360 MHz band by aeronautical telemetry and radiolocation

users will be on a secondary basis.4

---------------------------------------------------------------------------

\2\ During the reallocation process, the National

Telecommunications and Information Administration (``NTIA'')

recommended the following constraints: (1) the 2300-2310 MHz band

must not be used for airborne or space-to-Earth links; (2)

commercial operations at 2300-2310 MHz must be limited to less than

one watt of power; (3) unwanted emission levels of commercial

applications on any frequency below 2300 MHz must be attenuated

below the mean power of the unmodulated carrier by 70 dB; (4) and

operation of commercial devices in the 2300-2310 MHz band must not

be permitted on Ft. Irwin, California. See Spectrum Reallocation

Final Report, U.S. Department of Commerce, February 1995, at pages

4-15 and 4-16.

\3\ We are considering service, licensing and technical rules

for satellite DARS in IB Docket No. 95-91. See Establishment of

Rules and Policies for the Digital Audio Radio Satellite Service in

the 2310-2360 MHz Frequency Band, IB Docket No. 95-91, Notice of

Proposed Rule Making, 60 FR 35166 (July 6, 1995) (``Satellite DARS

NPRM'').

\4\ The 2320-2345 MHz band will continue to be available for the

Government and non-Government mobile service and Government

radiolocation service on a primary basis, until January 1, 1997, or

until such time as a broadcasting-satellite (sound) service has been

brought into use in such a manner as to affect or be affected by the

mobile and radiolocation services, whichever is the later date.

---------------------------------------------------------------------------

III. Discussion

A. Reallocation of Spectrum for WCS

6. The Appropriations Act directs the Commission to reallocate the

2305-2320 and 2345-2360 MHz bands to wireless services that are

consistent with international agreements concerning spectrum

allocations. We interpret this provision to mean that the Commission

may allocate this spectrum to any or all radio services also contained

in the International Table of Frequency Allocations applicable to the

United States. We believe that the allocation for WCS should provide

for the broadest range of services permitted under international

agreements. Accordingly, we propose to allocate the 2305-2320 and 2345-

2360 MHz bands to the fixed, mobile, and radiolocation services on a

primary basis. We also propose to retain the current primary

broadcasting-satellite allocation in the 2310-2320 and 2345-2360 MHz

bands. We request comment on these proposals.

7. We note, however, that the large number of Canadian fixed

service facilities in the 2310-2320 MHz band has previously caused us

to request comment on licensing satellite DARS in the 2320-2360 MHz

band first.5 Accordingly, we request comment on the feasibility of

satellite DARS in the 2310-2320 MHz band and on whether we should limit

satellite DARS to the 2345-2360 MHz portion of the WCS spectrum.

Alternatively, we could limit operations at 2310-2320 MHz to

complementary terrestrial DARS operations subject to coordination with

[[Page 59050]]

Canada. We request comment on these options.

---------------------------------------------------------------------------

\5\ See note 3, supra. Satellite CD Radio, Inc., an applicant

for a satellite DARS license, conducted an independent study which

analyzed the coordination of U.S. satellite DARS systems with

Canadian terrestrial systems and submitted it to the Commission. See

Letter to Chief, Satellite Radio Branch regarding the Coordination

of 2310-2360 MHz with Canada (``Coordination Study''), dated

February 14, 1994, IB Docket No. 95-91. According to the

Coordination Study, in 1994, 186 of 213 Canadian terrestrial

stations operated between 2310-2320 MHz. See Coordination Study at

14. See also letter from Satellite Engineering Branch dated February

16, 1996 to representatives of Satellite CD Radio and other DARS

applicants. Recent discussions between our staff and Industry Canada

indicate that there are now approximately 230 Canadian terrestrial

stations operating in the 2310-2360 MHz band. In addition, Canada

has mobile aeronautical telemetry (``MAT'') operations in the

2329.25-2390 MHz band.

---------------------------------------------------------------------------

8. As mentioned above, the 2300-2310 MHz band is currently

allocated to the amateur radio service on a secondary basis. In

addition, the 2310-2360 MHz band is permitted to be used by

aeronautical telemetry operations on a secondary basis. We do not

propose any changes to these allocations at this time. We reiterate,

however, that these operations would be secondary to any WCS use of the

2305-2320 and 2345-2360 MHz bands. We seek comment on this approach.

B. Licensing Plan for WCS

i. Permitted Services

9. As indicated above, our spectrum allocation proposals for the

2305-2320 and 2345-2360 MHz bands would permit the provision of a broad

range of fixed, mobile, radiolocation and broadcasting-satellite

services. In keeping with this broad allocation, we propose to permit a

WCS licensee to use this spectrum for any use permitted within any of

the allocation categories of fixed, mobile, radiolocation, and

broadcasting-satellite services, subject to international requirements

and coordination. In establishing the General Wireless Communications

Service (``GWCS'') in August, 1995, we concluded that authorizing a

wide variety of services bounded only by international allocations

comported with our statutory authority and served the public interest

by fostering the provision and mix of services most desired by the

public.6 Similarly, we believe that permitting this flexibility in

service offerings for WCS will foster the provision and mix of WCS

services most desired by the public. We request comment on this

approach. In particular, we request comment on industry experience and

plans with regard to the GWCS, including how our rules permitting any

and all allocable services in that band have served or are expected to

serve the public interest in rapidly making available to the public

those services most desired.

---------------------------------------------------------------------------

\6\ See Allocation of Spectrum Below 5 GHz Transferred from

Federal Government Use, Second Report and Order, 60 FR 40712 (August

9, 1995). See also Becht, ``The General Wireless Communications

Service: FCC Spectrum Traffic Cop or Broker?,'' 4 Commlaw Conspectus

95 (1996).

---------------------------------------------------------------------------

ii. Licensed Service Areas

10. We also generally believe that licensing the WCS spectrum on

the basis of large geographic service areas would facilitate operation

of the broadest possible range of new communications services in the

WCS spectrum and would promote their introduction in the most rapid and

efficient manner. We request comment on the appropriate size for WCS

licenses. Specifically, we request comment on whether WCS should be

licensed on the basis of the 51 Major Trading Areas (``MTAs'') defined

for the narrowband and broadband Personal Communications Service

(``PCS''),7 regional service areas similar to the 5 regions

adopted for narrowband PCS,8 or on a nationwide basis. For

example, in the case of broadband PCS, we noted that the 51 MTA service

areas, would provide certain economies of scale and scope needed for

the development of low cost equipment, would promote the development

roaming within large geographic areas and would facilitate

interoperability. In the case of narrowband PCS, we found it desirable

to provide a service category that is smaller than nationwide but

larger than the 51 Major Trading Areas on which many of the narrowband

PCS licenses are based. We observed that regional licenses would better

reflect the technologies and business plans of parties intending to

implement narrowband PCS systems serving wide areas that cover multiple

cities. On the other hand, a nationwide service area would facilitate

nationwide roaming and interoperability of services, and avoid the need

for negotiation of roaming agreements among multiple carriers. A

nationwide approach would also allow for maximum economies of scale,

thus minimizing both the cost of providing service and the cost of

equipment.

---------------------------------------------------------------------------

\7\ Rand McNally & Company (``Rand McNally'') has divided the 50

States and the District of Columbia into 47 MTAs. See Rand McNally

1992 Commercial Atlas & Marketing Guide at pages 38-39 (123rd

edition). Following the approach we have taken with regard to other

services in which we have used MTA license areas, we would separate

Alaska from the Seattle MTA so that Alaska would be licensed as a

separate MTA-like area. We also would license separately the

following insular areas as MTA-like areas: (1) Puerto Rico and the

United States Virgin Islands; (2) Guam and the Northern Mariana

Islands; and (3) American Samoa. Thus, if this alternative is

adopted, we would license 51 MTAs and MTA-like areas, which is the

approach we adopted in PCS. See 47 CFR Secs. 24.102(c) and

24.202(a). We note that Rand McNally owns the copyright to MTA

Listings. The Personal Communications Industry Association and Rand

McNally entered into an agreement regarding the use of Rand

McNally's market area designations (e.g., MTAs) for licensing of

various mobile radio services. WCS services in the 2305-2320 and

2345-2360 MHz bands are not covered by this agreement. Accordingly,

a license agreement with Rand McNally would be necessary. The

listings of the MTAs, including the counties, parishes, and census

divisions that comprise each MTA, are available for public

inspection in the Office of Engineering and Technology's Technical

Information Center, 2nd Floor, 2000 M Street, N.W., Washington, D.C.

\8\ The five regional narrowband PCS services areas were

developed by aggregating MTAs into five geographic areas, each with

approximately twenty percent of the nation's population. The five

regions defined for narrowband PCS licenses are set forth in 47 CFR

Secs. 24.102(b). Thus, if we were to use the narrowband PCS regional

service areas, as indicated above for MTAs, a license agreement with

Rand McNally would be necessary. Alternatively, if a regional

service area approach is deemed appropriate, we could also, for

example, aggregate the 172 Economic Areas developed by the

Department of Commerce into five geographic areas, each with

approximately twenty percent of the nation's population. For

example, such an approach was proposed for 220 MHz services in PR

Docket No. 89-552. The Bureau of Economic Analysis within the

Department of Commerce has divided the 50 States and the District of

Columbia into 172 Economic Areas (``EAs''). Each EA consists of one

or more economic nodes--metropolitan areas or similar areas that

serve as centers of economic activity--and the surrounding counties

that are economically related to the nodes. (Metropolitan areas

include metropolitan statistical areas, primary metropolitan

statistical areas, and New England county metropolitan areas.)

Commuting patterns are the main factor used in determining the

economic relationship among counties. The EA definition procedure

requires that, as far as possible, each area include both the place

of work and the place of residence of its labor force. See Final

Redefinition of the BEA Economic Areas, 60 FR 13114 (March 10, 1995)

(reducing number of EAs from 183 to 172). We adopted these 172 EAs

as GWCS service areas and have listed them in 47 CFR Sec. 26.102(a).

In addition, we defined three additional, EA-like, GWCS service

areas: (1) Puerto Rico and the United States Virgin Islands; (2)

Guam and the Northern Mariana Islands; and (3) American Samoa. 47

CFR Sec. 26.102(b).

---------------------------------------------------------------------------

iii. Spectrum for Each License

11. We also request comment on the appropriate amount of spectrum

to be provided for each WCS license. We specifically request comment on

a range of spectrum options for WCS, that is whether 5, 10, 15 or 30

MHz is the most suitable amount. We are particularly interested in

commenters' views regarding the minimum bandwidth needed to permit WCS

operators to compete effectively. For example, 5 MHz bandwidths would

allow for paging, radiolocation, dispatch, or point-to-point backbone

operations. Larger bandwidths, such as 10 to 15 MHz, would allow more

direct competition with existing fixed and mobile service providers.

Such an amount may also better support some multi-channel satellite

DARS. Alternatively, a single 30 MHz license may offer the most

effective approach for providing new two-way fixed or point-to-

multipoint uses such as interconnection with the Internet and other

digital network services. Finally, we request comment on what size

spectrum block could best support, in part or fully, the provision of

fixed local loop services.

12. We also seek comment on plans for licensing the WCS consistent

with whatever minimum bandwidth should

[[Page 59051]]

be adopted. We specifically request comment, for example, on whether

the WCS spectrum should be assigned on a paired or unpaired basis.

Alternatively, we request comment on an approach where spectrum

bandwidths or pairing of the spectrum are determined through the

competitive bidding process. For example, the 30 MHz of spectrum could

be divided into 5 MHz ``channels'' and the amount of spectrum and the

location of the spectrum (i.e., contiguous or paired) for each WCS

licensee would be determined through the auction process. We seek

comment on all of these alternatives and we further invite commenting

parties to suggest additional alternatives for both the amount of

spectrum and the size of service areas for WCS licensees.

13. Finally, we note that the Appropriations Act requires that the

Commission conclude initial licensing of this spectrum and the

collection of all bidding proceeds on an expedited basis. We believe

that licensing the WCS spectrum for service to large areas, with

relatively few licenses to be awarded, would speed the WCS licensing

process and the collection of bidding proceeds, consistent with the

requirements of the Appropriations Act. In addressing the relative

merits of licensing the WCS spectrum on the basis of each of the

spectrum and service area possibilities discussed above, we ask

interested parties to keep in mind the total number of licenses to be

auctioned and to comment on whether that number of licenses can

reasonably be auctioned within the time periods established by the

Appropriations Act.9 Whatever initial licensing approach is chosen

for WCS, we propose to permit spectrum and service area aggregation

through the auction process, e.g., we would permit parties to bid for

more than one license. In addition, as discussed below, we propose to

allow post-auction partitioning and disaggregation. We request comment

on how the choice of the number of licensees and amount of spectrum

provided could affect competition. Commenting parties should also

address the extent to which the new communications services offered by

WCS would compete with other new and existing communications services.

---------------------------------------------------------------------------

\9\ We note, however, that a licensing plan of six 5 MHz

licenses for each of the 51 MTA-like service areas would require the

auctioning of 306 licenses. Given our previous auction experience,

such an auction may be difficult to complete within the timeframe

required under the Appropriations Act and may require different

auction methodology, such as oral outcry, to complete on a timely

basis. We therefore generally will not entertain proposals that

would require the auctioning of more than 306 WCS licenses.

---------------------------------------------------------------------------

C. Use of Competitive Bidding

14. The Appropriations Act directs the Commission to assign

licenses to use the 2305-2320 and 2345-2360 MHz bands by competitive

bidding pursuant to Section 309(j) of the Communications Act. Section

309(j) generally provides that auctions may be used to award licenses

among mutually exclusive applicants where the principal use of such

spectrum will involve, or is reasonably likely to involve, a

subscription-based service. We believe that it is reasonable to

conclude that, given the broad service allocations we are proposing and

the manner in which we are proposing to license this spectrum, the

principal use of the WCS will involve, or is reasonably likely to

involve, the transmission or reception of communications signals to

subscribers for compensation. We anticipate that the most likely uses

of WCS will be to provide a mix of fixed and mobile services similar to

other services currently operating on a subscription basis. Fixed (and

radiolocation) services are expected to include services that are

generally similar to the Multichannel Multipoint Distribution Service

(``MMDS''), the Location and Monitoring Service (``LMS''), Digital

Termination Systems (``DTS''), Digital Electronic Messaging Service

(``DEMS'') and certain of the services provided by Local Multipoint

Distribution Service (``LMDS''). Mobile services are expected to

include services generally similar to PCS, cellular, Specialized Mobile

Radio (``SMR'') and paging. All of these services are currently

provided to subscribers for compensation and we expect that the new WCS

offerings would be provided on a similar basis. In this regard, even if

a WCS licensee chooses to offer a satellite DARS service on that

portion of the spectrum available for such use, we believe it likely

that this service would also be offered on a subscription basis. We

request comment on this assessment.

15. As required by the Appropriations Act, we are proposing to

assign licenses to use the WCS frequencies by competitive bidding in

accordance with the principles set forth in Section 309(j) of the

Communications Act. Section 309(j)(3)(A) states that the Commission

shall seek to promote the development and rapid deployment of new

technologies, products, and services for the benefit of the public,

including those residing in rural areas, without administrative or

judicial delays. In this regard, we believe that providing for large

service areas, in conjunction with our broad, flexible allocation

approach described above, will foster the development of the greatest

range of new services and technologies. This approach will also permit

these services and technologies to be deployed in a rapid and efficient

manner to all areas of the nation, including rural areas.

16. Section 309(j)(3)(B) states that the Commission shall seek to

promote economic opportunity and competition and ensure that new and

innovative technologies are readily accessible to the American people

by avoiding excessive concentration of licenses and by disseminating

licenses among a wide variety of applicants, including small

businesses, rural telephone companies, and businesses owned by members

of minority groups and women. Consistent with this objective, we are

proposing to allow WCS licensees to disaggregate portions of their

assigned spectrum and partition geographic service areas through a

transfer of FCC license authority. In addition, licensees would be

permitted to ``franchise'' portions of their spectrum and geographic

service areas on a leased basis, where the WCS licensee would retain

ultimate responsibility for meeting interference and other licensing

requirements. We recently addressed the issues of geographic

partitioning and spectrum disaggregation by Commercial Mobile Radio

Service (``CMRS'') licensees, and noted that providing licensees with

the flexibility to partition their geographic service areas will create

smaller areas that can be licensed to small businesses, including those

entities which may not have the resources to participate, successfully

in spectrum auctions.10 In addition, partitioning may provide a

funding source that will enable licensees to construct their systems

and provide the latest in technological enhancements to the public. We

believe that this ability to disaggregate and franchise the use of this

spectrum may also help to promote the prompt introduction of new

services to rural areas and facilitate participation in these services

by a wide variety of parties including small businesses, rural

telephone companies, and businesses owned by members of minority groups

and women.

---------------------------------------------------------------------------

\10\ See Geographic Partitioning and Spectrum Disaggregation by

Commercial Mobile Radio Services Licensees; Implementation of

Section 257 of the Communications Act--Elimination of Market Entry

Barriers (Elimination of Market Barriers), WT Docket No. 96-148,

Notice of Proposed Rule Making, 61 FR 38693 (July 25, 1996).

---------------------------------------------------------------------------

17. Finally, we note that Section 309(j)(6)(F) of the

Communications Act specifically states that the use of competitive

bidding shall not be

[[Page 59052]]

construed to prohibit the Commission from issuing nationwide, regional,

or local licenses. We also note that using large geographic service

areas would simplify the licensing process, and help to ensure that the

auction is completed in a timely manner, as required by the

Appropriations Act. Accordingly, we believe that the WCS competitive

bidding options described above fully comport with the requirements and

intent of Section 3001 of the Appropriations Act and Section 309(j) of

the Communications Act. We seek comment on this assessment.

D. Promote Efficient Spectrum Use

18. The Appropriations Act states that in making these frequencies

available for competitive bidding, the Commission shall seek to promote

the most efficient use of the spectrum. In general, we believe that

assigning frequencies through competitive bidding ensures that spectrum

is made available to those who value it most highly and therefore are

most likely to put it to its most economically efficient use. In

addition, as indicated above, we are proposing that the WCS spectrum

may be used to provide any type of fixed, mobile, radiolocation or

satellite DARS services. We believe there are significant competitive

alternatives for each of these types of services that will ensure that

WCS licensees have incentives to operate in an efficient and effective

manner. We therefore believe that there will be sufficient market

incentives to promote the most efficient use of the 2305-2320 and 2345-

2360 MHz bands, as required by the Appropriations Act.

E. Public Safety Needs

19. The Appropriations Act instructs the Commission to take into

account the needs of public safety radio services in making the WCS

spectrum available through competitive bidding. In addition, a letter

from the Chairman and Ranking Member of the House Committee on Commerce

reiterates Congressional intent that we consider the needs of public

safety in auctioning this spectrum. In particular, this letter suggests

that the Commission, consistent with its obligation to promote the

public interest, ``pay particular attention to how the needs of public

safety as well as commercial applicants may best be met in determining

how to design this auction.'' As Congress directed, we will consider

the needs of public safety radio services in this proceeding by seeking

comment on a broad array of options. We note that the Appropriations

Act marks the first time that Congress has specifically directed the

Commission to consider the needs of public safety radio services in

connection with licensing a particular spectrum band. We invite

interested parties, including public safety entities, to comment on how

we could best effectuate the Congressional intent with regard to public

safety needs related to this spectrum.

20. The Public Safety Wireless Advisory Committee recently issued a

report (``PSWAC Final Report'') that analyzes the current and future

communications resource and underlying spectrum needs of entities whose

primary mission is public safety. The PSWAC Final Report makes several

recommendations for satisfying the immediate and future needs of the

public safety community through the year 2010 including (1) the

provision of additional spectrum, (2) improved interoperability, (3)

more flexible licensing policies, (4) increased sharing of spectral and

other resources, (5) greater use of commercial services and (6)

alternative methods for funding public safety communications. In

fulfilling Congress's mandate to take into account the needs of public

safety in auctioning this spectrum, we seek comment on which of these

objectives can best be achieved through an auction of this spectrum. We

ask commenters to make specific recommendations regarding how we can

design auction and licensing rules that will benefit the public safety

community consistent with the recommendations contained in the PSWAC

Final Report.

21. One of the needs identified by public safety is additional

spectrum. We note that the PSWAC Final Report did not recommend this

band for public safety use, but we also recognize that Congress had not

directed the Commission to reallocate and auction this spectrum when

the PSWAC Final Report was submitted. We therefore seek comment on

whether we should consider an allocation of some portion of this

spectrum to meet the needs of public safety providers. In light of the

specific language of this statute, we seek comment on whether we have

statutory authority to make such an allocation. Alternatively, should

the Commission assign this spectrum with a public interest obligation

to contribute towards the other needs identified by the public safety

community? We seek comment on whether the Commission would have the

authority to adopt such an approach.

22. In addition, it may be that in the WCS spectrum some of the

communications needs of public safety entities could be met by

commercial systems serving the general public and possibly with some

customized features for the exclusive use of public safety users.

Public safety organizations may find it desirable to subscribe to a

service offered by the commercial provider or lease capacity or

spectrum from a commercial provider. We note that a key recommendation

of the PSWAC Final Report suggested that ``a range of non-mission

critical communications can be satisfied by commercial systems'' and

concluded that: Commercial wireless systems, such as cellular, Personal

Communications Services (PCS), mobile satellite, paging, data, and

network applications, are evolving rapidly and may offer tangible and

reasonable alternatives to the demand for additional spectrum to meet

present and future Public Safety requirements.

We seek comment on whether and how commercial services operating in

this spectrum could address some of the communications needs of the

public safety community. Specifically, what types of commercial

services in this band would public safety entities find useful? Should

the Commission take steps to encourage the use of the spectrum for such

services? If so, what steps should it take? For example, should public

safety needs be considered in determining the geographic scope and size

of WCS licenses? If so, what size spectrum blocks or particular

geographic license areas would be most conducive to the types of

services the public safety community would find useful? Should the

Commission offer bidding credits to commercial providers who propose to

provide these types of services?

F. Service and Technical Rules

i. Eligibility

23. We propose that there be no restrictions on eligibility for a

WCS license, other than those foreign ownership restrictions set forth

in Sections 310(a), 310(b)(1) and 310(b)(2) of the Communications Act.

We believe that opening the WCS market to a wide range of applicants

will permit and encourage entrepreneurial efforts to develop new

technologies and services, while helping to ensure the highest and best

use of this spectrum. We also believe that, given the relatively large

amount of spectrum that is available to provide services similar to

those that could be operated on the WCS spectrum, opening up

eligibility to all applicants, in this instance, will not lead to

concerns about excessive concentration of market power.\11\ On the

[[Page 59053]]

other hand, disallowing existing licensees or other entities from

competing for a WCS license could deny the public the benefits of

economies of scope and scale from the use of this spectrum.

---------------------------------------------------------------------------

\11\ In this regard, we also see no reason to preclude the

pending satellite DARS applicants from participating in the

competitive bidding process for the 2310-2320 and 2345-2360 MHz

bands.

---------------------------------------------------------------------------

ii. CMRS Spectrum Cap

24. The CMRS spectrum cap \12\ was adopted in 1994 to ``discourage

anti-competitive behavior while at the same time maintaining incentives

for innovation and efficiency.'' We were concerned that ``excessive

aggregation [of spectrum] by any one of several CMRS licensees could

reduce competition by precluding entry by other service providers and

might thus confer excessive market power on incumbents.'' The spectrum

cap is intended to promote a vigorous competitive market for the

provision of commercial mobile radio services, and to ensure that each

mobile service provider (i.e., cellular, PCS or SMR licensee) has the

opportunity to obtain sufficient spectrum to compete effectively and

that no single provider is able to preclude the provision of service by

effective competitors or significantly reduce the number of competitors

by aggregating spectrum.

---------------------------------------------------------------------------

\12\ The spectrum cap currently provides that ``[n]o licensee in

the broadband PCS, cellular, or SMR services (including all parties

under common control) regulated as CMRS shall have an attributable

interest in a total of more than 45 megahertz of licensed broadband

PCS, cellular and SMR spectrum regulated as CMRS with significant

overlap in any geographic area.'' See 47 CFR Sec. 20.6(a); see also

Amendment of Parts 20 and 24 of the Commission's Rules--Broadband

PCS Competitive Bidding and the Commercial Mobile Radio Service

Spectrum Cap, WT Docket No. 96-59, Report and Order, 61 FR 33859

(July 1, 1996) (maintaining the 45 megahertz CMRS spectrum cap and

eliminating the 35 megahertz cellular/PCS spectrum cap and the 40

megahertz PCS spectrum cap).

---------------------------------------------------------------------------

25. We seek comment on whether WCS spectrum used to provide CMRS

should count against the 45 megahertz spectrum cap that applies to

certain CMRS licensees. We note that applying the spectrum cap could

well exclude firms with the most experience and innovative technologies

from participating in the auction and having the opportunity to use

this spectrum to serve the public. On the other hand, if a CMRS

provider with the maximum amount of spectrum permitted under our

current CMRS spectrum cap were to acquire WCS spectrum, that provider

possibly could gain a dominant position in the CMRS marketplace. We are

interested in commenters' views on whether the WCS spectrum is likely

to be used to provide CMRS services, and, if so, whether the current

CMRS market is sufficiently competitive that the considerations that

gave rise to adoption of the CMRS spectrum cap are not applicable to

the WCS spectrum. Commenters should also address the potential costs of

applying the cap to the WCS spectrum in terms of lost economies of

scale and scope that might exist if CMRS licensees were allowed to

acquire this spectrum.

26. To the extent that commenters believe that the WCS spectrum

will be used for CMRS services, we also seek comment on any alternative

mechanisms that would be appropriate to protect against the

concentration of control of licenses for CMRS spectrum, in order to

ensure vigorous competition in wireless services and to implement the

Communications Act.

iii. Disaggregation and Partitioning

27. As indicated above, we propose to permit the WCS licensee or

licensees to partition their service areas and to disaggregate their

spectrum. We believe that such an approach would serve to promote the

efficient use of the spectrum. It would also provide a means to

overcome entry barriers through the creation of smaller licenses that

require less capital, thereby facilitating greater participation by

smaller entities such as small businesses, rural telephone companies

and businesses owned by minorities and women.

28. We therefore propose to permit WCS licensees to partition their

service areas into smaller geographic service areas. We also propose to

permit WCS licensees to disaggregate their spectrum into smaller

blocks. Thus, a WCS licensee would be allowed to transfer the license

for all or a portion of its spectrum in a given geographic area to

another party. For the purposes of partitioning and disaggregation, we

also propose to require that WCS systems be designed to not exceed a

signal level of 47 dBuV/m at the licensee's service area boundary,

unless the affected adjacent service area licensees have agreed to a

different signal level. We request comment on what limits, if any,

should be placed on a WCS licensee's ability to partition its service

area and disaggregate its spectrum.

29. We note that in WT Docket No. 96-148, we recently proposed to

permit both geographic partitioning and spectrum disaggregation by CMRS

licensees.13 In the case of broadband PCS service, we proposed to

permit geographic partitioning along county lines and spectrum

disaggregation to a minimum of one megahertz. In making this proposal,

we tentatively concluded that requiring partitioning of licenses along

county lines and spectrum disaggregation of not less than one megahertz

would reduce the administrative burden on the Commission and minimize

interference concerns among licensees. We also indicated that once an

initial license is assigned, we believe that licensees should

ordinarily be free to disaggregate their spectrum and to partition

their service areas in order to operate within the parameters that they

determine to be efficient. We request comment on whether such an

approach should apply to the WCS spectrum. We also request comment on

whether, if we were to establish initial nationwide WCS service areas,

geographic partitioning should be limited to larger areas such as the

51 MTA service areas. Such an approach might facilitate the relicensing

of such areas if the licensee were, for example, to go out of business.

This approach may also reduce the administrative burden on the

Commission or for international coordination of WCS operations. As

indicated above, we are also proposing to allow WCS licensees to

franchise portions of their spectrum and geographic service areas on a

leased basis. In such cases, we see no need to limit such operations to

any minimum amount of spectrum or any particular geographic area since

the WCS licensee would retain ultimate control and responsibility for

all operations and there is no additional administrative burden on the

Commission. We request comment on these proposals.

---------------------------------------------------------------------------

\13\ See Geographic Partitioning and Spectrum Disaggregation by

Commercial Mobile Radio Service Licensees, WT Docket No. 96-148,

Notice of Proposed Rule Making, 61 FR 38693 (July 25, 1996).

---------------------------------------------------------------------------

iv. License Term

30. The Communications Act allows the Commission to establish a

license term of up to 10 years, except for broadcasting stations, which

may have a license term of up to 8 years. Previously, the Commission

established a 10 year license term for CMRS, but has used a 5 year

license term for private services. For services in the 2305-2320 and

2345-2360 MHz bands, we propose to establish a license term of 10

years, with a renewal expectancy similar to that of PCS and cellular

telephone licensees. We believe that this relatively long license term,

combined with a high renewal expectancy, should help provide a stable

regulatory environment that will be attractive to investors and,

thereby, encourage development of this new frequency band. With respect

to the renewal of a WCS license, we propose to consider the amount and

type of service being provided by the licensee

[[Page 59054]]

in connection with its license renewal application. In this connection,

we propose to require WCS licensees to submit a showing five years from

license grant and ten years from license grant demonstrating the

construction of facilities and the level of service being provided.

31. In the event that a WCS license is partitioned or

disaggregated, we propose that any partitionee/disaggregatee be

authorized to hold its license for the remainder of the partitioner's/

disaggregator's original ten-year license term. We tentatively conclude

that this approach is appropriate because a licensee, through

partitioning, should not be able to confer greater rights than it was

awarded under the terms of its license grant. Moreover, we tentatively

conclude that this approach would be the simplest to administer. We

also observe that this approach is similar to the partitioning

provisions we recently adopted for the Multipoint Distribution Service

14 and proposed for Broadband PCS. We solicit comment on this

tentative conclusion.

---------------------------------------------------------------------------

\14\ See Amendment of Parts of Parts 21 and 74 of the

Commission's Rules With Regard to Filing Procedures in the

Multipoint Distribution Service and in the Instructional Television

Fixed Service, MM Docket No. 94-131, Report and Order, 60 FR 36524

(July 17, 1995).

---------------------------------------------------------------------------

v. Regulatory Status

32. The Communications Act applies differing requirements based on

the type of service and the regulatory status of licensees, e.g.,

whether the service is common carrier or private. A WCS operator would

be allowed to provide a variety or combination of fixed, mobile,

satellite DARS, and radiolocation services. Therefore, we propose to

rely on the applicant to identify the type of WCS service or services

it will provide, with sufficient detail to enable the Commission to

determine the applicant's regulatory status. This approach should allow

us to carry out our responsibilities while imposing the least

regulatory burden on the licensee. To clarify and simplify the initial

regulatory status, we will presume that a WCS licensee is providing a

CMRS service, which we believe will be a likely use of this spectrum,

as discussed above. We delegate to the Wireless Telecommunications

Bureau authority to develop forms appropriate to collect this data, and

to monitor changes in licensee status. Moreover, we propose that the

broadcasting-satellite service allocation be governed by the satellite

DARS regulations currently under development in IB Docket No. 95-91. We

request comment on these proposals.

vi. Out-of-Band Emission Limits

33. Since WCS will operate in the 2305-2320 and 2345-2360 MHz

bands, we need to consider interference protection to the following

adjacent operations: (1) Satellite DARS at 2320-2345 MHz, (2)

Government Deep Space Network receivers at 2290-2300 MHz, and (3)

Government and commercial telemetry above 2360 MHz.

34. In order to provide protection to these adjacent operations, we

propose that all emissions outside of the WCS bands of operation be

attenuated below the maximum spectral power density (p) within the band

of operation, as follows:

(1) For fixed operations, including radiolocation: By a factor not less

than 43 + 10 log (p) dB on all frequencies between 2300 and 2305 MHz

and above 2360 MHz; and not less than 70 + 10 log (p) dB on all

frequencies below 2300 MHz and between 2320-2345 MHz band.

(2) For mobile operations, including radiolocation: By a factor not

less than 43 + 10 log (p) dB on all frequencies between 2300 and 2305

MHz, between 2320 and 2345 MHz, and above 2360 MHz; and not less than

70 + 10 log (p) dB on all frequencies below 2300 MHz.

(3) For WCS satellite DARS operations: The limits set forth in Section

25.202(f) of the Commission's rules apply.

For fixed and mobile operations, including radiolocation, the above

requirements are based on peak measurements using a resolution

bandwidth of at least 1 MHz. In addition, to further protect operations

in adjacent bands, we propose to require that the frequency stability

of transmission within the 2305-2320 and 2345-2360 MHz bands be

sufficient to ensure that the fundamental emissions remain within the

authorized frequency bands. We request comment on these proposed out-

of-band emissions limits.

35. Finally, in order to protect Government Deep Space Network

receivers at 2290-2300 MHz, we propose to prohibit use of the 2305-2310

MHz band for airborne or space-to-Earth links. Further, we propose that

WCS operations within 50 kilometers (31 miles) of 35 deg.20' North

Latitude and 116 deg.53' West Longitude (coordinates of the Deep Space

Network receive site) be subject to coordination. Alternatively, we

request comment on whether it would be more appropriate to require less

out-of-band attenuation in the case of mobile transmitters, (i.e., such

transmitters would be subject to only the 43 + 10 log (p) dB

requirement) but require that the coordination zone be extended to 120

kilometers (75 miles). Parties should address the trade-offs with

regard to lower mobile equipment costs and the additional coordination

constraints imposed by this alternative.

vii. International Coordination

36. Until international agreements are completed, WCS operations

will be required to protect existing non-U.S. operations in the 2305-

2320 and 2345-2360 MHz bands, and WCS operations in the border areas

would be subject to coordination with those countries, as appropriate.

In addition, satellite DARS operations on WCS spectrum would be subject

to international satellite coordination procedures. With regard to this

matter, parties should be aware that international coordination could

be a complex and lengthy process and could vary significantly depending

upon the types of WCS services that are to be provided. International

coordination requirements, therefore, should be taken carefully into

account in developing business plans for the provision of WCS. This is

particularly important for parties contemplating the provisions of WCS

in border areas or the provision of satellite DARS operations.15

---------------------------------------------------------------------------

\15\ Potential satellite DARS applicants should consult the

letter from Satellite Engineering Branch dated February 16, 1996 to

representatives of Satellite CD Radio and other DARS applicants and

responses thereto that address coordination in these bands for

satellite DARS. These documents are filed in IB Docket No. 95-91,

GEN Docket 90-357, RM No. 8610, PP-24, PP-86, and PP-87.

---------------------------------------------------------------------------

viii. RF Safety

37. With regard to RF safety requirements, we propose to treat

specific WCS services and devices, operating within the 2305-2320 MHz

and 2345-2360 MHz bands, in a comparable manner to other services and

devices that have similar operating characteristics. Sections

1.1307(b), 2.1091, and 2.1093 of our rules list the services and

devices for which an environmental evaluation must be performed.

Accordingly, we propose that an environmental evaluation for RF

exposure would be required for the following WCS operations: (1)

Transmitting terrestrial stations in the satellite DARS service; (2)

fixed operations, including base stations and radiolocation, that have

an effective radiated power (``ERP'') greater than 2000 watts; and, (3)

mobile and portable devices that have operating characteristics or

functions similar to cellular, PCS or ``covered'' SMR services, i.e.,

operations that are typified by long periods of use or are

interconnected to the public switched telephone network. We invite

comment

[[Page 59055]]

on this proposal and request suggestions for alternatives that would

ensure public safety with respect to exposure to RF radiation.

G. Auction Procedures

38. In accordance with the Appropriations Act, and pursuant to the

expedited schedule imposed thereby, we propose below an auction design

and pre-auction procedures for the WCS service. Specifically, we

propose that the method of competitive bidding be a simultaneous

multiple round electronic auction (if more than one license is

offered). We base this proposal on the need to quickly auction the WCS

licenses and to promote the efficient use of the spectrum. The

Appropriations Act requires the Commission to commence the WCS auction

no later than April 15, 1997, and to conduct the auction in a manner

that ensures that all proceeds are deposited into the United States

Treasury no later than September 30, 1997.

i. Competitive Bidding Design

39. We anticipate conducting the auction for the WCS in conformity

with the general competitive bidding rules in Part 1, Subpart Q of the

Commission's Rules, and substantially consistent with the auctions that

have been employed in other wireless services. In the Second Report and

Order, 59 FR 22980 (May 4, 1994), in the competitive bidding

docket,16 we indicated that we would tailor the design of each

auction to fit the characteristics of the licenses to be awarded, and

we established criteria for selecting the auction design most

appropriate for each particular service. In general, we indicated that

the auction procedures chosen for each service should be those that

will best promote the policy objectives identified by Congress.17

We further concluded in the Second Report and Order that in most cases

the goals set forth in Section 309(j) will be best achieved by

designing auctions that award authorizations to the parties that value

them most highly. As we explained, such parties are most likely to

deploy new technologies and services rapidly, and to promote the

development of competition for the provision of those and other

services.

---------------------------------------------------------------------------

\16\ Implementation of Section 309(j) of the Communications

Act--Competitive Bidding, PP Docket No. 93-253, FCC 94-61, Second

Report and Order, 59 FR 22980 (May 4, 1994) (``Second Report and

Order'').

\17\ Congress's objectives are, in this instance, set forth in

two places: Section 309(j) of the Communications Act (47 U.S.C.

Sec. 309(j)) and Section 3001 of the Appropriations Act.

---------------------------------------------------------------------------

40. We propose to adopt the simultaneous multiple round competitive

bidding design used in the PCS auctions for the WCS auction. Multiple

round bidding should provide more information to bidders than single

round bidding during the auction about the values of the licenses. With

better information, bidders have less incentive to shade their bids

downward in order to avoid the ``winner's curse,'' that is, the

tendency for the winner to be the bidder who most overestimates the

value of the item being auctioned. Finally, multiple round bidding is

likely to be more fair than single round bidding. Every bidder has the

opportunity to win if it is willing to pay the most for it. Thus, we

tentatively conclude that multiple round bidding would be the best

method of auctioning the WCS license or licenses, and we seek comment

on this tentative conclusion.

41. We also tentatively conclude that, if more than one WCS license

is to be awarded, all WCS licenses should be awarded in a single

simultaneous multiple round auction. A single simultaneous auction will

facilitate any aggregation strategies that bidders may have, and it

would provide the most information to bidders about license values at a

time that they can best put that information to use. We seek comment on

this tentative conclusion.

42. If we adopt simultaneous multiple round bidding as our method

of auctioning WCS licenses, we believe that bidding should be allowed

only by electronic means. Though oral outcry auctions can be simple and

rapid, it is not possible to auction multiple licenses simultaneously

in an oral auction. Further, given the potentially large value of the

WCS spectrum, we believe that an electronic multiple round auction is

preferable because it would permit bidders time between rounds to

confer with principals and reassess their valuation models and bidding

strategies. This is especially important if more than one license is to

be awarded. Thus, we tentatively conclude that electronic bidding would

be the best method of submitting bids for this auction. In the event

that we decide to use electronic multiple round bidding, we tentatively

conclude that this auction should be conducted by remote bidding (by

computer) without the option of telephonic bidding. We also propose,

however, to reserve the discretion to conduct the WCS auction on-site

should circumstances warrant. We seek comment on all of these proposals

and tentative conclusions.

ii. Bidding Procedures

43. We tentatively conclude that the WCS auction will follow the

general competitive bidding procedures of Part 1, Subpart Q. We seek

comment on this tentative conclusion.

44. Minimum Opening Bid and Minimum Bid Increments. We also

tentatively conclude to reserve the discretion to establish a minimum

opening bid for the WCS license or licenses. A minimum opening bid

would cause bidders to start bidding at a substantial fraction of the

final price of the license or licenses, thus ensuring that the auction

proceeds quickly and increasing the likelihood that the public receives

fair market value for the license or licenses. We seek comment on this

tentative conclusion. In addition, we ask interested parties to suggest

the appropriate level of a minimum opening bid for the WCS license or

licenses. We also tentatively conclude that the Wireless Bureau should

be given discretion to establish, raise and lower minimum bid

increments in the course of the auction. We seek comment on this

approach.

45. Tie Bids. Where a tie bid occurs, we tentatively conclude that

the high bidder should be determined by the order in which the bids

were received by the Commission. We request comment on this tentative

conclusion.

iii. Procedural and Payment Issues

46. Subpart Q of Part 1 of the Commission's rules also establishes

procedural and payment rules for FCC auctions generally, and we

tentatively conclude that, with certain modifications proposed below,

these rules should apply to the WCS auction. We seek comment on this

tentative conclusion.

47. Pre-Auction Application Procedures. Applicants would be

required to file a short-form application, FCC Form 175, prior to the

auction. In addition, although we have previously allowed for both

electronic and manual filing of such applications, we tentatively

conclude that we should require electronic filing of all applications

for this auction. We believe that electronic filing of applications

would serve the best interests of auction participants as well as

ensure that the WCS auction will be completed within the timeframe

mandated under the Appropriations Act. We have developed user-friendly

electronic filing software and Internet World Wide Web forms to give

applicants the ability to easily and inexpensively file and review

applications. This software helps applicants ensure the accuracy of

their applications as they are filling them out, and enables them to

avoid discovering errors and omissions after the applications are

already filed.

[[Page 59056]]

Particularly in light of the legislative deadline of April 15, 1997,

for commencement of this auction, we believe that requiring electronic

filing would be helpful to applicants as well as the Commission. By

shortening the time required for the Commission to process applications

before the auction, electronic filing would increase the lead time

available to applicants to pursue business plans and arrange necessary

financing before the short-form deadline. We seek comment on these

proposals and tentative conclusions.

48. As part of the information provided in the short-form

application, we propose to require that an applicant's electronic

submission of FCC Form 175 include a certification that the applicant

is not in default on any Commission licenses and that it is not

delinquent on any extension of credit from any federal agency. In the

Second Report and Order, we decided that we should require sufficient

information on the short-form application to make a determination that

``the application is not in violation of Commission rules and that

applications not meeting those requirements may be dismissed prior to

the competitive bidding.'' Part of this documentation includes

certification that the bidder has the legal, technical, financial, and

other qualifications to bid in the auction. A certification regarding

defaulted licenses and delinquent payments to federal agencies would

enable us to better evaluate the financial qualifications of potential

bidders, because it would allow us to determine whether any bidder may

later be subject to a monetary judgment or collection procedures that

may impair its financial ability to provide service.

49. Upfront Payment. The Part 1 rules require the submission of an

upfront payment as a prerequisite to participation in spectrum

auctions. We propose to set the amount of the WCS upfront payment based

on the general formula we adopted in the Competitive Bidding Second

Report and Order of $.02 per megahertz per population. We seek comment

on this proposal. We also seek comment on alternative methods of

establishing an upfront payment, and in particular, on how the

Commission may estimate the value of the spectrum to be auctioned.

50. We also propose to require that bidders deposit their upfront

payments in our lock-box bank by wire transfer by a date to be

announced by public notice. Although in the past we have permitted

payment by cashier's check, we believe that requiring wire transfers

would benefit bidders by streamlining and expediting the administration

of the auction. Our experience has shown that verification of payments

remitted to us by cashier's check is time-consuming and cumbersome and

requires the allotment of extra processing time prior to the start of

the auction. Permitting payment by cashier's check would require that

upfront payments be made at an earlier point, which would decrease

applicants' lead time to pursue business plans and arrange necessary

financing before the start of the auction. In addition, we believe

that, given the large number of financial institutions offering wire

transfer services, a requirement that bidders remit their upfront

payments by wire transfer would result in minimal, if any, extra cost

to auction applicants. Such a cost is far outweighed by the benefit of

speeding the auction process through quicker verification of payments.

We seek comment on this tentative conclusion.

51. Down Payment and Full Payment. We tentatively conclude that to

help ensure that auction winners are able to pay the full amount of

their bids requires every winning bidder in an auction to tender a down

payment sufficient to bring its total amount on deposit with the

Commission up to 20 percent of its winning bid. We therefore

tentatively conclude that the winning bidder or bidders in the WCS

auction should be required to submit a down payment equal to 20 percent

of its winning bid within 10 business days after the issuance of a

public notice announcing the winning bidder for the license. We seek

comment on this tentative conclusion.

52. If a winning bidder makes its down payment in a timely manner,

we propose that it file an FCC Form 600 long-form application and

follow the long-form application procedures in Section 1.2107. After

reviewing the winning bidder's long-form application, and after

verifying receipt of the winning bidder's 20 percent down payment, the

Commission would announce the application's acceptance for filing, thus

triggering the filing window for petitions to deny. Under Section

3001(c) of the Appropriations Act, parties would have five days

following public notice that an application was accepted for filing to

file a petition to deny. Because Section 3001(c) provides for a period

of seven (7) days following such public notice before any licenses may

be awarded, we propose to allow three (3) days for parties to file a

response to any petition to deny. If, pursuant to Section 309(d) of the

Communications Act, the Commission dismissed or denied any and all

petitions to deny, the Commission would announce by public notice that

it is prepared to award the license, and the winning bidder would then

have 10 business days to submit the balance of its winning bid. If the

bidder does so, the license would be granted. If the bidder fails to

submit the required down payment or the balance of the winning bid or

the license is otherwise denied, we would assess a default payment as

discussed below. We request comment on these proposals.

53. Amendments and Modifications of Applications. To encourage

maximum bidder participation, we propose to allow applicants to amend

or modify their short-form applications as provided in Section 1.2105.

In the broadband PCS context, we modified our rules to permit ownership

changes that result when consortium investors drop out of bidding

consortia, even if control of the consortium changes due to this

restructuring.18 We propose to adopt the same exception to our

rule prohibiting major amendments in the WCS auction. We seek comment

on all of this proposal.

---------------------------------------------------------------------------

\18\ See Implementation of Section 309(j) of the Communications

Act--Competitive Bidding, PP Docket No. 93-253, Fourth Memorandum

Opinion and Order, 59 FR 53364 (October 24, 1994).

---------------------------------------------------------------------------

54. Bid Withdrawal, Default and Disqualification. We tentatively

conclude that the withdrawal, default, and disqualification rules for

the WCS auction should be based upon the procedures established in our

general competitive bidding rules. With regard to bids which are

submitted in error, we propose to apply the guidelines which we

recently fashioned to provide for relief from the bid withdrawal

payment requirements under certain circumstances.19

---------------------------------------------------------------------------

\19\ See Atlanta Trucking Associates, Inc. and MAP Wireless

L.L.C. Requests to Waive Bid Withdrawal Payment Provisions, Order,

61 FR 25807 (May 23, 1996), recon. pending. See also Georgia

Independent PCS Corporation Request to Waive Bid Withdrawal Payment

Provision, Order, 61 FR 25810 (May 23, 1996), app. rev. pending.

---------------------------------------------------------------------------

iv. Regulatory Safeguards

55. Anti-Collusion. In the Second Report and Order, we adopted

anti-collusion rules in connection with competitive bidding, explaining

that these rules, which are codified at 47 CFR Sec. 1.2105, would

enhance the competitiveness of both the auction process and the post-

auction market structure.20 We propose to apply these

[[Page 59057]]

same rules to the auction of the WCS spectrum.

---------------------------------------------------------------------------

\20\ See 47 CFR Sec. 1.2105(c). See also Second Report and

Order, 59 FR 22980 (May 23, 1996); Second Memorandum Opinion and

Order, 59 FR 7245 (August 26, 1996); ``Wireless Telecommunications

Bureau Clarifies Spectrum Auction Anti-Collusion Rules,'' Public

Notice, 11 FCC Rcd 9645 (1995); ``Wireless Telecommunications Bureau

Ponders Guidance on the Anti-Collusion Rule for D, E and F Block

Bidders,'' Public Notice, 11 FCC Rcd 10134 (1996).

---------------------------------------------------------------------------

56. Performance Requirements. In implementing auction procedures,

the Commission is required under Section 309(j) of the Communications

Act to include ``safeguards to protect the public interest in the use

of the spectrum'' and performance requirements ``to ensure prompt

delivery of service to rural areas, to prevent stockpiling or

warehousing of spectrum by licensees or permittees, and to promote

investment in and rapid deployment of new technologies and services.''

We have previously found that these objectives could be satisfied

through build-out requirements (see, e.g., Implementation of Section

309(j) of the Communications Act--Competitive Bidding, Fifth Report and

Order, PP Docket No. 93-253, FCC 94-178, 9 FCC Rcd 5532, 5570 (1994);

Amendment of Parts 21 and 74 of the Commission's Rules With Regard to

Filing Procedures in the Multipoint Distribution Service and in the

Instructional Television Fixed Service and Implementation of Section

309(j) of the Communications Act--Competitive Bidding, Report and

Order, PP Docket No. 93-253 and MM Docket No. 94-131, FCC 95-230, 10

FCC Rcd 9589, 9659-60 (1995); Allocation of Spectrum Below 5 GHz

Transferred from Federal Government Use, Second Report and Order, ET

Docket No. 94-32, FCC 95-319, 11 FCC Rcd 624, 669-670 (1995)). We note,

however, that we have never concluded that such requirements are

mandated by Section 309(j).

57. Build-out requirements may encourage the provision of service

to areas that would not necessarily receive service expeditiously

solely through the operation of market forces. In addition, build-out

requirements may also prevent stockpiling or warehousing of spectrum by

allowing licenses to be recovered and made available to entities more

willing and able to provide service expeditiously. As is discussed

below, however, we have some concern as to whether applying these

requirements to the licenses of the WCS spectrum is the best way to

address Congress's concerns.

58. In this NPRM, we propose that a WCS licensee have the

flexibility to offer a range of services, rather than being restricted

to a particular use. See para. 9, supra. Given the broad range of

services that may be deployed over WCS spectrum, it may be that

performance requirements in the form of construction benchmarks are not

necessary to meet Section 309(j)'s objectives regarding warehousing and

rapid deployment. Where we allow flexible use and the ultimate use (or

uses) of a license is uncertain, simply requiring construction by

itself does not sufficiently encourage the licensee to deploy assets in

any particular market (e.g., the voice or data market) or to provide

any particular service. In addition, requiring construction by itself

does not ensure that licenses are put to use in an efficient and

procompetitive manner. Moreover, WCS construction requirements alone

may not be effective to ensure the provision of service to rural areas.

59. We also note that build-out requirements can be harmful because

they might result in one of several forms of uneconomic construction:

construction in geographic areas different than those that would be

served in a competitive environment; deployment at a different rate

than would occur in a competitive environment; or deployment of

technology and equipment differing from that which competition would

dictate. Further, strict build-out requirements might have the

unintended consequence of causing firms to build first in urban areas

where the mandatory benchmarks could be met most cheaply, and thus slow

the development of service to rural areas. It may be difficult to

devise construction requirements that avoid these negative effects.

60. We believe we may be able to appropriately address the

statutory concerns of preventing warehousing of spectrum and promoting

rapid deployment of new technologies and services in other ways. First,

the concern regarding warehousing may be addressed by awarding licenses

through auctions. Auctioning itself provides economic incentives for

licensees to utilize spectrum efficiently and to provide service

rapidly. Second, the goal of promoting service to rural areas can be

furthered by our proposal to allow partitioning and disaggregation.

And, of course, the broad universal service policies of the

Telecommunications Act of 1996 will contribute substantially to

addressing this objective as well.

61. Commenters should address whether the auction and service rules

that we are proposing here, together with our overall competition and

universal service policies, constitute effective safeguards and

performance requirements for WCS licensing, or whether specific

construction requirements are also needed. If we decide not to impose

construction requirements, we would reserve the right to review this

policy in the future if we receive complaints related to Section

309(j)(4)(B), or if our own monitoring initiatives or investigations

indicate that a reassessment is warranted. Thus, we propose to further

reserve the right to impose construction requirements on a WCS license

or licenses in the future if evidence of actual competitive or rural

service problems arises and if construction requirements can

effectively ameliorate those problems. We seek comment on these

proposals and tentative conclusions.

v. Treatment of Designated Entities

62. Section 309(j) of the Communications Act provides that, when

promulgating competitive bidding regulations, the Commission must

``ensure that small businesses, rural telephone companies, and

businesses owned by members of minority groups and women [commonly

referred to as `designated entities'] are given the opportunity to

participate in the provision of spectrum-based services.'' As noted

above, our allocation proposal contemplates that a WCS licensee will

have broad flexibility in determining the range of services it will

offer, and that licenses will be issued for broad geographic areas.

Commenters should address the extent to which potentially high capital

costs for constructing WCS systems affect the advisability of adopting

specific provisions applicable to the WCS auction. We note that our

proposed partitioning and disaggregation rules for WCS licensing may

provide designated entities with additional opportunities to

participate in the provision of WCS service.

63. The Appropriations Act requires that the Commission conduct the

auction in a manner that ensures that all proceeds of the bidding are

deposited in the Treasury no later than September 30, 1997. Because of

the expedited procedures imposed by the Appropriations Act, an entity

acquiring a WCS authorization must be prepared to make payment on its

full bid amount quickly. Thus, we tentatively conclude that installment

payment plans would be an inappropriate mechanism for encouraging

designated entity participation in the WCS auction. We invite comment

on this tentative conclusion and on how the Congressional intent

concerning designated entities can be effectuated in connection with

competitive bidding for WCS licenses. For example, would bidding

credits be appropriate in this service? If so, should they be limited

to small businesses or provided to all designated entities? In

addition, to the

[[Page 59058]]

extent commenters suggest special provisions for small businesses, we

also seek comment on the appropriate definition for small business.

Additionally, should any special provisions be afforded to rural

telephone companies? To the extent that commenters propose specific

provisions to ensure the participation of minority and women-owned

businesses, we also invite them to address how such provisions should

be crafted to meet the relevant standards of judicial review (strict

scrutiny for minorities and intermediate scrutiny for women).\21\

---------------------------------------------------------------------------

\21\ See, for relevant standards of review, Adarand Constructors

v. Pena, 115 S.Ct. 2097 (1995) (``[Racial] classifications are

constitutional only if they are narrowly tailored measures that

further compelling governmental interests''), and United States v.

Virginia, 116 S.Ct. 2264 (June 26, 1996) (``Parties who seek to

defend gender-based governmental action must demonstrate an

`exceedingly persuasive justification' for that action'').

---------------------------------------------------------------------------

H. Other Administrative Matters

64. We propose to update the entries for the 2300-2450 MHz band in

the international table (columns 1 through 3 of the Table of Frequency

Allocations (``Table''), 47 CFR 2.106) in accordance with the Final

Acts of the 1995 World Radiocommunication Conference. Specifically, the

following international footnotes would be re-numbered using the new

``S'' numbering scheme: 664 (S5.282), 750B (S5.393), 751

(S5.394),22 751A (S5.395), 751B (S5.396), and 752 (S5.150).23

---------------------------------------------------------------------------

\22\ In addition to being re-numbered, the text of footnote 751

was modified. Specifically, aeronautical telemetry in the United

States now has priority over other mobile service uses in the 2300-

2390 MHz band (that is, the 2300-2310 MHz band has been added to the

existing restriction). (At the next competent conference, we intend

to have the aeronautical telemetry restriction removed from the

2300-2320 and 2345-2360 MHz bands in the United States.) In

addition, aeronautical telemetry in Canada now has priority over

other mobile service uses in the 2300-2483.5 MHz band (this is an

entirely new restriction in Canada). Finally, Australia and Papua

New Guinea have removed the aeronautical telemetry priority use

restriction from the 2310-2390 MHz band.

\23\ Footnote 752 was one of seven international footnotes that

separately designated certain bands for industrial, scientific and

medical applications. These international footnotes (534, 546, 548,

707, 752, 806, and 881) were combined into a single international

footnote, S5.150.

---------------------------------------------------------------------------

65. We also propose to update the entries for the 2300-2310, 2400-

2402, and 2417-2450 MHz bands in the Government radio service

allocations' column (column 4 of the Table) in accordance with the

newly revised NTIA Manual. Specifically, all existing Government

allocations and footnote references would be deleted from the 2300-2310

and 2400-2402 MHz bands and reference to footnote G123 would be added

to both bands. Footnote G123, which permits Government operations in

2300-2310 and 2400-2402 MHz bands to continue only on a non-

interference basis to authorized non-Government operations and requires

that Government operations not hinder the implementation of any non-

Government operation, would also be added to the list of Government

footnotes. With regard to the 2417-2450 MHz band, the primary

Government radiolocation service allocation would be downgraded to a

secondary service and reference to footnote G124 would be added.

Footnote G124, which states that the 2417-2450 MHz band has been

reallocated to shared Government/non-Government use, would also be

added to the list of Government footnotes.

66. We also propose to update the entries for the 2305-2320 and

2345-2360 MHz bands in the non-Government radio service allocations'

column (column 5 of the Table) in accordance with our proposals herein.

Specifically, we propose to add the fixed, mobile, and radiolocation

services on a primary basis to the 2305-2320 and 2345-2360 MHz bands,

to delete the reference to footnote US253 from the 2300-2310 MHz band,

to add a reference to footnote USxxx to the 2305-2310 MHz band, and to

add a reference to footnote USyyy in the 2310-2320 and 2345-2360 MHz

bands. Proposed United States footnote USxxx, which prohibits airborne

and space-to-Earth transmissions in the 2305-2310 MHz band and which

also requires that WCS operations in the 2305-2310 MHz band within 50

kilometers of the Deep Space receive site located on Fort Irwin,

California be coordinated, and proposed United States footnote USyyy,

which provides for continued secondary aeronautical telemetry use of

the 2310-2320 and 2345-2360 MHz bands, would be added to the list of

United States footnotes. In addition, we propose to update the entries

for the 2305-2320 and 2345-2360 MHz bands in the rule part cross

reference column (column 6 of the Table) to add a reference to the

Wireless Communications Service.

List of Subjects

47 CFR Part 1

Administrative practice and procedure.

47 CFR Part 2

Radio.

47 CFR Part 27

Administrative practice and procedure, Communications common

carriers, Communications equipment, Radio, Reporting and recordkeeping

requirements.

47 CFR Part 97

Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Proposed Amendatory Text

Parts 1, 2, 27, and 97 of title 47 of the Code of Federal

Regulations are proposed to be amended as follows:

PART 1--PRACTICE AND PROCEDURE

1. The authority citation for part 1 continues to read as follows:

Authority: 47 U.S.C. 151, 154, 303, and 309(j) unless otherwise

noted.

2. In Sec. 1.1307, the text of paragraph (b)(1) preceding the table

and the first sentence of paragraph (b)(2) are revised and new entries

for Wireless Communications Service are added to Table 1 in paragraph

(b)(1) following the entry for Satellite Communications (part 25) to

read as follows:

Sec. 1.1307 Actions which may have a significant environmental

effect, for which Environmental Assessments (EAs) must be prepared.

* * * * *

(b) * * *

(1) The exposure limits in Sec. 1.1310 are generally applicable to

all facilities, operations and transmitters regulated by the

Commission. However, a determination of compliance with the exposure

limits in Sec. 1.1310 (routine environmental evaluation), and

preparation of an EA if the limits are exceeded, is necessary only for

facilities, operations and transmitters that fall into the categories

listed in Table 1 of this paragraph (b)(1), or those specified in

paragraph (b)(2) of this section. All other facilities, operations and

transmitters are categorically excluded from making such studies or

preparing an EA, except as indicated in paragraphs (c) and (d) of this

section. For purposes of Table 1, ``rooftop'' means the roof or

otherwise outside, topmost level or levels of a building structure that

is occupied as a workplace or residence and where either workers or the

general public may have access. The term ``power'' in column 2 of Table

1 refers to total operating power of the transmitting operation in

question in terms of effective radiated power (ERP), equivalent

isotropically radiated power (EIRP), or peak envelope power (PEP), as

defined in Sec. 2.1 of this chapter. For the case of the Cellular

Radiotelephone

[[Page 59059]]

Service, subpart H of part 22 of this chapter; the Personal

Communications Service, part 24 of this chapter, the Wireless

Communications Service, part 27 of this chapter and covered Specialized

Mobile Radio Service operations, part 90 of this chapter, the phrase

``total power of all channels'' in column 2 of Table 1 means the sum of

the ERP or EIRP of all co-located simultaneously operating transmitters

of the facility. When applying the criteria of Table 1, radiation in

all directions should be considered. For the case of transmitting

facilities using sectorized transmitting antennas, applicants and

licensees should apply the criteria to all transmitting channels in a

given sector, noting that for a highly directional antenna there is

relatively little contribution to ERP or EIRP summation for other

directions.

Table 1.--Transmitters, Facilities and Operations Subject to Routine

Environmental Evaluation

------------------------------------------------------------------------

Service (Title 47 CFR Rule Part) Evaluation required if

------------------------------------------------------------------------

* * * *

* * *

Wireless Communications Service (for those All included.

services with similar or identical operating

characteristics or functions to the Digital

Audio Radio Service) (part 27).

Wireless Communications Service (for those Total power of all

services with similar or identical operating channels > 2000 W ERP

characteristics or functions to the Multipoint (3280 W EIRP)

Distribution Service, Cellular Radiotelephone

Service, Personal Communications Service,

Paging or Radiotelephone Service, or Paging

Operations or ``covered'' Specialized Mobile

Radio Services within the Private Land Mobile

Radio Services) (part 27).

* * * *

* * *

------------------------------------------------------------------------

* * * * *

(2) Mobile and portable transmitting devices that operate in the

Cellular Radiotelephone Service, the Personal Communications Services

(PCS), the Wireless Communications Service, the Satellite

Communications Services, the Maritime Services (ship earth stations

only) covered Specialized Mobile Radio Service, providers authorized

under subpart H of part 22, part 24, part 25, part 27, part 80, and

part 90 of this chapter are subject to routine environmental evaluation

for RF exposure prior to equipment authorization or use, as specified

in Secs. 2.1091 and 2.1093 of this chapter.

* * *

* * * * *

3. New paragraph (a)(9) is added to Sec. 1.2102 to read as follows:

Sec. 1.2102 Eligibility of applications for competitive bidding.

(a) * * *

(9) Wireless Communications Service (WCS) (see part 27 of this

chapter).

* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL

RULES AND REGULATIONS

1. The authority citation for part 2 continues to read as follows:

Authority: Section 4, 302, 303, and 307 of the Communications

Act of 1934, as amended, 47 U.S.C. sections 154, 302, 303 and 307,

unless otherwise noted.

2. Section 2.106, the Table of Frequency Allocations, is amended as

follows:

a. Remove the existing entries for 2300-2450 MHz.

b. Add entries in numerical order for 2300-2450 MHz.

c. In the International Footnotes under heading I., add footnotes

S5.150, S5.282 , S5.393, S5.394, S5.395, and S5.396 in numerical order.

d. In the International Footnotes under heading II., remove

footnotes 750B, 751, 751A, and 751B.

e. Remove United States footnote US253.

f. Add United States footnotes US[xxx] and US[yyy].

g. Revise United States footnotes US276 and US328.

h. Revise Government footnote G2.

i. Add Government footnotes G120, G123 and G124 in numerical order.

The revisions and additions read as follows:

Sec. 2.106 Table of Frequency Allocations.

* * * * *

International table United States table FCC use designators

----------------------------------------------------------------------------------------------------------------

Non-

Region 1-- Region 2-- Region 3-- Government Government Rule Special-use

allocation MHz allocation MHz allocation MHz Allocation Allocation part(s) frequencies

MHz MHz

(1) (2) (3) (4) (5) (6) (7)

----------------------------------------------------------------------------------------------------------------

* * * * * * *

2300-2305 2300-2305 2300-2305 2300-2305 2300-2305 ........... ..............

FIXED FIXED FIXED Amateur Amateur ..............

(97)

MOBILE MOBILE MOBILE

Amateur RADIOLOCATION RADIOLOCATION

Radiolocation Amateur Amateur ............. ............. ........... ..............

S5.394 G123 ............. ........... ..............

----------------------------------------------------------------------------------------------------------------

2305-2310 2305-2310 2305-2310 2305-2310 2305-2310

FIXED FIXED FIXED FIXED WIRELESS

COMMUNICAT

IONS (27)

MOBILE MOBILE MOBILE MOBILE ...........

Amateur RADIOLOCATION RADIOLOCATION RADIOLOCATION Amateur

(97)

Radiolocation Amateur Amateur Amateur

S5.394 USxxx G123 USxxx ........... ..............

----------------------------------------------------------------------------------------------------------------

[[Page 59060]]

2310-2320 2310-2320 2310-2320 2310-2320 2310-2320

BROADCASTING- WIRELESS Digital Audio

SATELLITE COMMUNICAT Radio

US327 IONS (27) Services.

FIXED FIXED FIXED Fixed FIXED

MOBILE MOBILE MOBILE Mobile USyyy MOBILE USyyy

Amateur RADIOLOCATION RADIOLOCATION Radiolocation RADIOLOCATION

G2

Radiolocation Amateur Amateur

S5.395 S5.393 S5.394 S5.393 S5.396 S5.396 US327 S5.396 US328

S5.396 US328 G120

----------------------------------------------------------------------------------------------------------------

2320-2345 2320-2345 2320-2345 2320-2345 2320-2345 Digital Audio

BROADCASTING- Radio

SATELLITE US Services.

327

FIXED FIXED FIXED Fixed

MOBILE MOBILE MOBILE Mobile US276 Mobile US276

Amateur RADIOLOCATION RADIOLOCATION Radiolocation

G2

Radiolocation Amateur Amateur

S5.395 S5.393 S5.394 S5.393 S5.396 S5.396 US327 S5.396 US328

S5.396 US328 G120

----------------------------------------------------------------------------------------------------------------

2345-2360 2345-2360 2345-2360 2345-2360 2345-2360 Digital Audio

BROADCASTING WIRELESS Radio

SATELLITE COMMUNICAT Services.

US327 IONS (27)

FIXED FIXED FIXED Fixed FIXED

MOBILE MOBILE MOBILE Mobile USyyy MOBILE USyyy

Amateur RADIOLOCATION RADIOLOCATION Radiolocation RADIOLOCATION ........... ..............

G2

Radiolocation Amateur Amateur

S5.395 S5.393 S5.394 S5.393 S5.396 S5.396 US327 S5.396 US328 ........... ..............

S5.396 US328 G120

----------------------------------------------------------------------------------------------------------------

2360-2390 2360-2390 2360-2390 2360-2390 2360-2390 ........... ..............

FIXED FIXED FIXED MOBILE US276 MOBILE US276 ........... ..............

MOBILE MOBILE MOBILE RADIOLOCATION ............. ........... ..............

G2

Amateur RADIOLOCATION RADIOLOCATION Fixed ............. ........... ..............

Radiolocation Amateur Amateur

S5.394 G120 ............. ........... ..............

----------------------------------------------------------------------------------------------------------------

2390-2400 2390-2400 2390-2400 2390-2400 2390-2400 ........... ..............

FIXED FIXED FIXED AMATEUR AMATEUR ..............

(97)

MOBILE MOBILE MOBILE Radio ..............

Frequency

Devices

(15)

Amateur RADIOLOCATION RADIOLOCATION ...........

Radiolocation Amateur Amateur ........... ..............

S5.394 G122 ............. ........... ..............

----------------------------------------------------------------------------------------------------------------

2400-2402 2400-2402 2400-2402 2400-2402 2400-2402 ........... ..............

FIXED FIXED FIXED Amateur Amateur ..............

(97)

MOBILE MOBILE MOBILE ........... ..............

Amateur RADIOLOCATION RADIOLOCATION ...........

Radiolocation Amateur Amateur ........... ..............

S5.150 S5.282 S5.150 S5.282 S5.150 S5.282 S5.150 G123 S5.150 S5.282

S5.394

----------------------------------------------------------------------------------------------------------------

2402-2417 2402-2417 2402-2417 2402-2417 2402-2417 ........... ..............

FIXED FIXED FIXED AMATEUR AMATEUR ..............

(97)

MOBILE MOBILE MOBILE Radio ..............

Frequency

Devices

(15)

Amateur RADIOLOCATION RADIOLOCATION ........... ..............

Radiolocation Amateur Amateur ........... ..............

S5.150 S5.282 S5.150 S5.282 S5.150 S5.282 S5.150 G122 S5.150 S5.282

S5.394

----------------------------------------------------------------------------------------------------------------

2417-2450 2417-2450 2417-2450 2417-2450 2417-2450

FIXED FIXED FIXED Radiolocation Amateur Amateur ..............

G2 (97)

MOBILE MOBILE MOBILE ............. ............. ........... ..............

Amateur RADIOLOCATION RADIOLOCATION ...........

Radiolocation Amateur Amateur ........... ..............

S5.150 S5.282 S5.150 S5.282 S5.150 S5.282 S5.150 S5.282 S5.150 S5.282

S5.394 G124

----------------------------------------------------------------------------------------------------------------

* * * * * * *

----------------------------------------------------------------------------------------------------------------

[[Page 59061]]

International Footnotes

* * * * *

I. New ``S'' Numbering Scheme

* * * * *

S5.150 The following bands:

13533-13567 kHz (centre frequency 13560 kHz),

26957-27283 kHz (centre frequency 27120 kHz),

40.66-40.70 MHz (centre frequency 40.68 MHz),

902-928 MHz in Region 2 (centre frequency 915 MHz),

2400-2500 MHz (centre frequency 2450 MHz),

5725-5875 MHz (centre frequency 5800 MHz), and

24-24.25 GHz (centre frequency 24.125 GHz)

are also designated for industrial, scientific and medical (ISM)

applications. Radiocommunication services operating within these

bands must accept harmful interference which may be caused by these

applications. ISM equipment operating in these bands is subject to

the provisions of No. 1815/S15.13.

S5.282 In the bands 435-438 MHz, 1260-1270 MHz, 2400-2450 MHz,

3400-3410 MHz (in Regions 2 and 3 only) and 5650-5670 MHz, the

amateur-satellite service may operate subject to not causing harmful

interference to other services operating in accordance with the

Table (see No. S5.43). Administrations authorizing such use shall

ensure that any harmful interference caused by emissions from a

station in the amateur-satellite service is immediately eliminated

in accordance with the provisions of No. 2741/S25.11. The use of the

bands 1260-1270 MHz and 5650-5670 MHz by the amateur-satellite

service is limited to the Earth-to-space direction.

* * * * *

S5.393 Additional allocation: in the United States and India,

the band 2310-2360 MHz is also allocated to the broadcasting-

satellite service (sound) and complementary terrestrial sound

broadcasting service on a primary basis. Such use is limited to

digital audio broadcasting and is subject to the provisions of

Resolution 528 (WARC-92).

S5.394 In the United States, the use of the band 2300-2390 MHz

by the aeronautical mobile service for telemetry has priority over

other uses by the mobile services. In Canada, the use of the band

2300-2483.5 MHz by the aeronautical mobile service for telemetry has

priority over other uses by the mobile services.

S5.395 In France, the use of the band 2310-2360 MHz by the

aeronautical mobile service for telemetry has priority over other

uses by the mobile service.

S5.396 Space stations of the broadcasting-satellite service in

the band 2310-2360 MHz operating in accordance with No. S5.393 that

may affect the services to which this band is allocated in other

countries shall be coordinated and notified in accordance with

Resolution 33. Complementary terrestrial broadcasting stations shall

be subject to bilateral coordination with neighboring countries

prior to their bringing into use.

* * * * *

United States (US) Footnotes

* * * * *

US276 Except as otherwise provided for herein, use of the

bands 2320-2345 and 2360-2390 MHz by the mobile service is limited

to aeronautical telemetering and associated telecommand operations

for flight testing of manned or unmanned aircraft, missiles or major

components thereof. The following four frequencies are shared on a

co-equal basis for telemetering and associated telecommand

operations of expendable and re-usable launch vehicles whether or

not such operations involve flight testing: 2332.5, 2364.5, 2370.5,

and 2382.5 MHz. All other mobile telemetering uses shall be

secondary to the above uses.

* * * * *

US328 In the band 2320-2345 MHz, the mobile and radiolocation

services are allocated on a primary basis until 1 January 1997 or

until broadcasting-satellite (sound) service has been brought into

use in such a manner as to affect or be affected by the mobile and

radiolocation services in those service areas, whichever is later.

The broadcasting-satellite (sound) service during implementation

should also take cognizance of the expendable and reusable launch

vehicle frequencies 2312.5, 2332.5, and 2352.5 MHz, to minimize the

impact on this mobile service use to the extent possible.

* * * * *

US[xxx] In the 2305-2310 MHz band, airborne and space-to-Earth

operations are prohibited. Additionally, in the 2305-2310 MHz band,

Wireless Communications Service operations within 50 kilometers of

35 deg.20' North Latitude and 116 deg.53' West Longitude shall be

coordinated on a case-by-case basis through the frequency assignment

subcommittee in order to minimize harmful interference to NASA's

Goldstone Deep Space facility.

US[yyy] The bands 2310-2320 and 2345-2360 MHz are also available

for aeronautical telemetering and associated telecommand operations

for flight testing of manned or unmanned aircraft, missiles or major

components thereof on a secondary basis to the Wireless

Communications Service. The following two frequencies are shared on

a co-equal basis for telemetering and associated telecommand

operations of expendable and re-usable launch vehicles whether or

not such operations involve flight testing: 2312.5 and 2352.5 MHz.

Other mobile telemetering uses may be provided on a non-interference

basis to the above uses.

* * * * *

Government Footnotes

* * * * *

G2 In the bands 216-225, 420-450 (except as provided by US217),

890-902, 928-942, 1300-1400, 2310-2390, 2417-2450, 2700-2900, 5650-

5925, and 9000-9200 MHz, the Government radiolocation is limited to

the military services.

* * * * *

G120 Development of airborne primary radars in the band 2310-

2390 MHz with peak transmitter power in excess of 250 watts for use

in the United States is not permitted.

* * * * *

G123 The bands 2300-2310 and 2400-2402 MHz were identified for

reallocation, effective August 10, 1995, for exclusive non-

Government use under Title VI of the Omnibus Budget Reconciliation

Act of 1993. Effective August 10, 1995, any Government operations in

these bands are on a non-interference basis to authorized non-

Government operations and shall not hinder the implementation of any

non-Government operations.

G124 The band 2417-2450 MHz was identified for reallocation,

effective August 10, 1995, for mixed Government and non-Government

use under Title VI of the Omnibus Budget Reconciliation Act of 1993.

3. Section 2.1091 is amended by revising the first sentence in

paragraph (c) to read as follows:

Sec. 2.1091 Radiofrequency radiation exposure evaluation: mobile and

unlicensed devices.

* * * * *

(c) Mobile devices that operate in the Cellular Radiotelephone

Service, the Personal Communications Services, the Wireless

Communications Service, the Satellite Communications Services, the

Maritime Services and the Specialized Mobile Radio Service authorized

under subpart H of part 22 of this chapter, part 24 of this chapter,

part 25 of this chapter, part 27 of this chapter (only mobile devices

with similar or identical operating characteristics to those authorized

under subpart H of part 22, part 24, and ``covered'' SMR under part 90

of this chapter), part 80 of this chapter (ship earth station devices

only) and part 90 of this chapter (``covered'' SMR devices only, as

defined in the note to Table 1 of Sec. 1.1307(b)(1) of this chapter),

are subject to routine environmental evaluation for RF exposure prior

to equipment authorization or use if their effective radiated power

(ERP) is 1.5 watts or more. * * *

* * * * *

4. Section 2.1093 is amended by revising the first sentence of

paragraph (c) to read as follows:

Sec. 2.1093 Radiofrequency radiation exposure evaluation: portable

devices.

* * * * *

(c) Portable devices that operate in the Cellular Radiotelephone

Service, the Personal Communications Services, the Wireless

Communications Service, the Satellite Communications services, the

Maritime Services and the Specialized Mobile Radio Service authorized

under subpart H of part 22 of this chapter, part 24 of this chapter,

part 25 of this chapter, part 27 of this chapter (only portable devices

with similar or identical operating characteristics to those authorized

under subpart H of

[[Page 59062]]

part 22, part 24, and ``covered'' SMR under part 90 of this chapter),

part 80 of this chapter (ship earth station devices only), part 90 of

this chapter (``covered'' SMR devices only, as defined in the note to

Table 1 of Sec. 1.1307(b)(1) of this chapter), and portable unlicensed

personal communication service and millimeter wave devices authorized

under Sec. 15.253, Sec. 15.255 or subpart D of part 15 of this chapter

are subject to routine environmental evaluation for RF exposure prior

to equipment authorization or use. * * *

* * * * *

5. A new part 27 is added to read as follows:

PART 27--WIRELESS COMMUNICATIONS SERVICE

Subpart A--General Information

Sec.

27.1 Basis and purpose.

27.2 Permissible communications.

27.3 Other applicable rule parts.

27.4 Terms and definitions.

Subpart B--Applications and Licenses

27.11 Initial authorization.

27.12 Eligibility.

27.13 License period.

27.14 Criteria for comparative renewal proceedings.

27.15 Geographic partitioning and spectrum disaggregation.

27.16 Franchising

Subpart C--Technical Standards

27.51 Equipment authorization.

27.52 RF safety.

27.53 Emission limits.

27.54 Frequency stability.

27.55 Field strength limits.

27.56 Antenna structures; air navigation safety.

27.57 International coordination.

Subpart D--Competitive Bidding Procedures for WCS

27.201 WCS subject to competitive bidding.

27.202 Competitive bidding mechanisms.

27.203 Withdrawal, default, and disqualification payments.

27.204 Bidding application and certification procedures.

27.205 Submission of upfront payments.

27.206 Submission of down payment and filing of long-form

applications.

27.207 Procedures for filing petitions to deny against WCS long-

form applications.

Subpart E--Application, Licensing, and Processing Rules for WCS

27.301 Authorization required.

27.302 Eligibility.

27.303 Formal and informal applications.

27.304 Filing of WCS applications, fees, and numbers of copies.

27.305 Standard application forms and permissive changes or minor

modifications for the Wireless Communications Service.

27.306 Miscellaneous forms.

27.307 General application requirements.

27.308 Technical content of applications; maintenance of list of

station locations.

27.310 Waiver of rules.

27.311 Defective applications.

27.312 Inconsistent or conflicting applications.

27.313 Amendment of applications for Wireless Communications

Service (other than applications filed on FCC Form 175).

27.314 Application for temporary authorizations.

27.315 Receipt of application; applications in the Wireless

Communications Service filed on FCC Form 175 and other applications

in the WCS Service.

27.316 Public notice period.

27.317 Dismissal and return of applications.

27.318 Ownership changes and agreements to amend or dismiss

applications or pleadings.

27.319 Opposition to applications.

27.320 Mutually exclusive applications.

27.321 Consideration of applications.

27.322 Post-auction divestitures.

27.323 Transfer of control or assignment of station authorization.

27.324 Termination of authorization.

Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309 and 332.

Subpart A--General Information

Sec. 27.1 Basis and purpose.

This section contains the statutory basis for the rules in this

part and provides the purpose for which this part is issued.

(a) Basis. The rules for the Wireless Communications Service (WCS)

in this part are promulgated under the provisions of the Communications

Act of 1934, as amended, that vest authority in the Federal

Communications Commission to regulate radio transmission and to issue

licenses for radio stations.

(b) Purpose. This part states the conditions under which the 2305-

2320 MHz and 2345-2360 MHz bands are made available and licensed for

the provision of WCS.

(c) Scope. The rules in this part apply only to stations authorized

under this part.

Sec. 27.2 Permissible communications.

Subject to the rules in this part, fixed, mobile and radiolocation

services may be provided using the 2305-2320 and 2345-2360 MHz bands.

In addition, satellite digital audio radio service (DARS) may be

provided using the 2310-2320 and 2345-2360 MHz bands. Satellite DARS

service shall be provided in manner consistent with part 25 of this

chapter.

Sec. 27.3 Other applicable rule parts.

Other FCC rule parts in this chapter applicable to the Wireless

Communications Service include the following:

(a) Part 0. Part 0 of this chapter describes the Commission's

organization and delegations of authority. Part 0 of this chapter also

lists available Commission publications, standards and procedures for

access to Commission records, and location of Commission Field Offices.

(b) Part 1. Part 1 of this chapter includes rules of practice and

procedure for license applications, adjudicatory proceedings,

procedures for reconsideration and review of the Commission's actions;

provisions concerning violation notices and forfeiture proceedings;

competitive bidding procedures, and the environmental requirements

that, if applicable, must be complied with prior to the initiation of

construction.

(c) Part 2. Part 2 of this chapter contains the Table of Frequency

Allocations and special requirements in international regulations,

recommendations, agreements, and treaties. Part 2 of this chapter also

contains standards and procedures concerning the marketing and

importation of radio frequency devices, and for obtaining equipment

authorization.

(d) Part 5. Part 5 of this chapter contains rules prescribing the

manner in which parts of the radio frequency spectrum may be made

available for experimentation.

(e) Part 17. Part 17 of this chapter contains requirements for

construction, marking and lighting of antenna towers.

(f) Part 25. Part 25 of this chapter contains the requirements for

satellite communications, including the satellite DARS.

(g) Part 68. Part 68 of this chapter contains technical standards

for connection of terminal equipment to the telephone network.

Sec. 27.4 Terms and definitions.

Assigned frequency. The center of the frequency band assigned to a

station.

Authorized bandwidth. The maximum width of the band of frequencies

permitted to be used by a station. This is normally considered to be

the necessary or occupied bandwidth, whichever is greater.

Average terrain. The average elevation of terrain between 3 and 16

kilometers from the antenna site.

Effective Radiated Power (e.r.p.) (in a given direction). The

product of the power supplied to the antenna and its

[[Page 59063]]

gain relative to a half-wave dipole in a given direction.

Equivalent Isotropically Radiated Power (e.i.r.p.). The product of

the power supplied to the antenna and the antenna gain in a given

direction relative to an isotropic antenna.

Fixed Service. A radio communication service between specified

fixed points.

Fixed Station. A station in the fixed service.

Land Mobile Service. A mobile service between base stations and

land mobile stations, or between land mobile stations.

Land Mobile Station. A mobile station in the land mobile service

capable of surface movement within the geographic limits of a country

or continent.

Land Station. A station in the mobile service not intended to be

used while in motion.

Mobile Service. A radio communication service between mobile and

land stations, or between mobile stations.

Mobile Station. A station in the mobile service intended to be used

while in motion or during halts at unspecified points.

National Geodetic Reference System (NGRS). The name given to all

geodetic control data contained in the National Geodetic Survey (NGS)

data base. (Source: National Geodetic Survey, U.S. Department of

Commerce)

Radiodetermination. The determination of the position, velocity

and/or other characteristics of an object, or the obtaining of

information relating to these parameters, by means of the propagation

properties of radio waves.

Radiolocation. Radiodetermination used for purposes other than

those of radionavigation.

Radionavigation. Radiodetermination used for the purpose of

navigation, including obstruction warning.

Satellite Digital Audio Radio Service (``satellite DARS''). A

radiocommunication service in which compact disc quality programming is

digitally transmitted by one or more space stations.

Wireless Communications Service. A radiocommunication service that

encompasses fixed, mobile, satellite DARS, and radiolocation services.

Subpart B--Applications and Licenses

Sec. 27.11 Initial authorization.

(a) An applicant must file an application for an initial WCS

authorization.

(b) The initial WCS authorizations shall be granted for [XX]

megahertz of spectrum and shall be on a [geographical basis to be

determined].

(c) The initial WCS authorizations shall be a blanket license.

Applications for individual sites are not required and will not be

accepted.

Sec. 27.12 Eligibility.

Any entity, other than those precluded by 310 of the Communications

Act of 1934, as amended, 47 U.S.C. 310, is eligible to hold a license

under this part.

Sec. 27.13 License period.

Licenses shall be granted for ten year terms from the date of

original issuance or renewal.

Sec. 27.14 Criteria for comparative renewal proceedings.

(a) A renewal applicant involved in a comparative renewal

proceeding shall receive a preference, commonly referred to as a

renewal expectancy, which is the most important comparative factor to

be considered in the proceeding, if its past record for the relevant

license period demonstrates that the renewal applicant:

(1) Has provided ``substantial'' service during its past license

term. In addition, the communications provided must be sound,

favorable, and substantially above a level of mediocre service which

might just minimally warrant renewal; and

(2) Has substantially complied with applicable Commission rules,

policies and the Communications Act.

(b) At five and ten years from the date of original issuance or

renewal, the licensee shall report to the Commission what it has built

and the percentage of its service area population that it serves. The

Commission shall take these reports into account during its

consideration of the renewal application.

Sec. 27.15 Geographic partitioning and spectrum disaggregation.

(a) Geographic partitioning and spectrum disaggregation are

permitted without restriction.

(b) In the event that the WCS license is partitioned or

disaggregated, any partitionee/disaggregatee shall be authorized to

hold its license for the remainder of the partitioner's/disaggregator's

original ten-year license term.

Sec. 27.16 Franchising.

In the event that the WCS licensee franchises portions of its

spectrum and geographic service area on a leased basis, the WCS

licensee shall retain ultimate responsibility for meeting interference

and other licensing requirements.

Subpart C--Technical Standards

Sec. 27.51 Equipment authorization.

(a) Each transmitter utilized for operation under this part and

each transmitter marketed, as set forth in Sec. 2.803 of this chapter,

must be of a type that has been authorized by the Commission under its

type acceptance procedure.

(b) The Commission periodically publishes a list of type accepted

equipment, entitled ``Radio Equipment List, Equipment Accepted for

Licensing.'' Copies of this list are available for public reference at

the Commission's offices in Washington, D.C., at each of its field

offices, and may be ordered from its copy contractor.

(c) Any manufacturer of radio transmitting equipment to be used in

these services may request equipment authorization following the

procedures set forth in subpart J of part 2 of this chapter. Equipment

authorization for an individual transmitter may be requested by an

applicant for a station authorization by following the procedures set

forth in part 2 of this chapter. Such equipment if approved or accepted

will not normally be included in the Commission's Radio Equipment List

but will be individually enumerated on the station authorization.

Sec. 27.52 RF safety.

Licensees and manufacturers are subject to the radio frequency

radiation exposure requirements specified in Secs. 1.1307(b), 2.1091,

and 2.1093 of this chapter, as appropriate. Applications for equipment

authorization of mobile or portable devices operating under this

section must contain a statement confirming compliance with these

requirements for both fundamental emissions and unwanted emissions.

Technical information showing the basis for this statement must be

submitted to the Commission upon request.

Sec. 27.53 Emission limits.

(a) The peak power of any emission outside the licensee's bands of

operation shall be attenuated below the maximum peak spectral power

density (p) within the band of operation by the following amounts:

(1) For fixed operations: By a factor not less than 43 + 10 log (p)

dB on all frequencies between 2300 and 2305 MHz and above 2360 MHz; and

not less than 70 + 10 log (p) dB on all frequencies below 2300 MHz and

between 2320-2345 MHz band;

(2) For mobile operations: By a factor not less than 43 + 10 log

(p) dB on all frequencies between 2300 and 2305

[[Page 59064]]

MHz, between 2320 and 2345 MHz, and above 2360 MHz; and not less than

70 + 10 log (p) dB on all frequencies below 2300 MHz;

(3) For the purposes of this section, radiolocation shall be

classified as either a fixed or mobile service, depending upon the

application; and

(4) Compliance with these provisions is based on the use of

measurement instrumentation employing a resolution bandwidth of 1 MHz

or greater. However, in the 1 MHz bands immediately outside and

adjacent to the frequency bands of operation a smaller resolution

bandwidth of at least one percent of the emission bandwidth of the

fundamental emission of the transmitter may be employed, provided the

measured energy is integrated to provide the total energy in a 1 MHz

bandwidth.

(b) For WCS satellite DARS operations: The limits set forth in

Sec. 25.202(f) of this chapter apply.

(c) When measuring the emission limits, the nominal carrier

frequency shall be adjusted as close to the edges, both upper and

lower, of the license's bands of operation as the design permits.

(d) When an emission outside of the authorized bandwidth causes

harmful interference, the Commission may, at its discretion, require

greater attenuation than specified in this section.

Sec. 27.54 Frequency stability.

The frequency stability shall be sufficient to ensure that the

fundamental emissions stay within the authorized bands of operation.

Sec. 27.55 Field strength limits.

If geographic partitioning is employed, the predicted or measured

median field strength at any location on the border of the WCS service

area shall not exceed 47 dBuV/m unless the parties agree to a higher

field strength.

Sec. 27.56 Antenna structures; air navigation safety.

A licensee that owns its antenna structures must not allow these

antenna structures to become a hazard to air navigation. In general,

antenna structure owners are responsible for registering antenna

structures with the FCC if required by part 17 of this chapter, and for

installing and maintaining any required marking and lighting. However,

in the event of default of this responsibility by an antenna structure

owner, the FCC permittee or licensee authorized to use an affected

antenna structure will be held responsible by the FCC for ensuring that

the antenna structure continues to meet the requirements of part 17 of

this chapter. See Sec. 17.6 of this chapter.

(a) Marking and lighting. Antenna structures must be marked,

lighted and maintained in accordance with part 17 of this chapter and

all applicable rules and requirements of the Federal Aviation

Administration.

(b) Maintenance contracts. Antenna structure owners (or licensees

and permittees, in the event of default by an antenna structure owner)

may enter into contracts with other entities to monitor and carry out

necessary maintenance of antenna structures. Antenna structure owners

(or licensees and permittees, in the event of default by an antenna

structure owner) that make such contractual arrangements continue to be

responsible for the maintenance of antenna structures in regard to air

navigation safety.

Sec. 27.57 International coordination.

WCS operations shall protect existing Canadian and Mexican

operations in the 2305-2320 and 2345-2360 MHz bands. WCS operations

along the US/Canadian and US/Mexican border areas shall be subject to

coordination, as appropriate. In addition, satellite DARS operations on

WCS spectrum shall be subject to international coordination procedures.

Subpart D--Competitive Bidding Procedures for WCS

Sec. 27.201 WCS subject to competitive bidding.

Mutually exclusive initial applications to provide WCS service are

subject to competitive bidding procedures. In addition to the rules set

forth in this subpart, the following competitive bidding rules found in

part 1, subpart Q, of this chapter shall apply to WCS: Secs. 1.2101,

1.2102, 1.2103, 1.2104(a) through (f), (h) and (i), 1.2105(b) through

(c), 1.2109 and 1.2111 of this chapter.

Sec. 27.202 Competitive bidding mechanisms.

In addition to the provisions of Sec. 1.2104(a) through (f), (h)

and (i), the following provisions will apply to WCS:

(a) Tie bids. Where a tie bid occurs, the high bidder will be

determined by the order in which the bids were received by the

Commission.

(b) Maximum bid increments. The Commission may, by announcement

before or during the auction, require maximum bid increments in dollar

or percentage terms.

Sec. 27.203 Withdrawal, default and disqualification payments.

When the Commission conducts a simultaneous multiple round auction

pursuant to section 27.202, the Commission will impose payments on

bidders who withdraw high bids during the course of an auction, or who

default on payments due after an auction closes or who are

disqualified.

(a) Bid withdrawal prior to close of auction. A bidder who

withdraws a high bid during the course of an auction will be subject to

a payment equal to the difference between the amount bid and the amount

of the winning bid the next time the license is offered by the

Commission. No withdrawal payment would be assessed if the subsequent

winning bid exceeds the withdrawn bid. This payment amount will be

deducted from any upfront payments or down payments that the

withdrawing bidder has deposited with the Commission.

(b) Default or disqualification after close of auction. If a high

bidder defaults or is disqualified after the close of such an auction,

the defaulting bidder will be subject to the payment in paragraph (a)

of this section plus an additional payment equal to 3 percent of the

subsequent winning bid. If the subsequent winning bid exceeds the

defaulting bidder's bid amount, the 3 percent payment will be

calculated based on the defaulting bidder's bid amount. These amounts

will be deducted from any upfront payments or down payments that the

defaulting or disqualified bidder has deposited with the Commission.

(c) Erroneous bids. If at any point during an auction an erroneous

bid is withdrawn in the same round in which it was submitted, the bid

withdrawal payment will be the greater of:

(1) The minimum bid increment for that license and round; and

(2) The standard bid withdrawal payment, as defined in paragraph

(a) of this section, calculated as if the bidder had made the minimum

accepted bid. If an erroneous bid is withdrawn in the round immediately

following the round in which it was submitted, and the auction is in

Stage I or Stage II, the withdrawal payment will be the greater of:

(i) Two times the minimum bid increment during the round in which

the erroneous bid was submitted; and

(ii) The standard withdrawal payment, as defined in paragraph (a)

of this section, calculated as if the bidder had made a bid one bid

increment above the minimum accepted bid. If an erroneous bid is

withdrawn two or more rounds following the round in which it was

submitted, the bidder will not be eligible for any reduction in the bid

withdrawal payment as defined in paragraph (a) of this section. During

Stage III of an auction, if an erroneous bid is not withdrawn during

the round

[[Page 59065]]

in which it was submitted, the bidder will not be eligible for any

reduction in the bid withdrawal payment as defined in paragraph (a) of

this section.

Sec. 27.204 Bidding application and certification procedures.

(a) Submission of short-form application (FCC Form 175). In order

to be eligible to bid, an applicant must timely submit, by means of

electronic filing, a short-form application (FCC Form 175). Unless

otherwise provided by public notice, the Form 175 need not be

accompanied by an upfront payment (see Sec. 27.205).

(1) All Form 175s will be due on the date specified by public

notice.

(2) The Form 175 must contain the following information:

(i) Identification of each license on which the applicant wishes to

bid;

(ii) The applicant's name, if the applicant is an individual. If

the applicant is a corporation, then the short-form application will

require the name and address of the corporate office and the name and

title of an officer or director. If the applicant is a partnership,

then the application will require the name, citizenship and address of

all partners, and, if a partner is not a natural person, then the name

and title of a responsible person should be included as well. If the

applicant is a trust, then the name and address of the trustee will be

required. If the applicant is none of the above, then it must identify

and describe itself and its principals or other responsible persons;

(iii) The identity of the person(s) authorized to make or withdraw

a bid;

(iv) Certification that the applicant is legally, technically,

financially and otherwise qualified pursuant to section 308(b) of the

Communications Act of 1934, as amended. The Commission will accept

applications certifying that a request for waiver or other relief from

the requirements of section 310 is pending;

(v) Certification that the applicant is in compliance with the

foreign ownership provisions of section 310 of the Communications Act

of 1934, as amended;

(vi) Certification that the applicant is and will, during the

pendency of its application(s), remain in compliance with any service-

specific qualifications applicable to the licenses on which the

applicant intends to bid including, but not limited to, financial

qualifications. The Commission may require certification in certain

services that the applicant will, following grant of a license, come

into compliance with certain service-specific rules, including, but not

limited to, ownership eligibility limitations;

(vii) An exhibit, certified as truthful under penalty of perjury,

identifying all parties with whom the applicant has entered into

partnerships, joint ventures, consortia or other agreements,

arrangements or understandings of any kind relating to the licenses

being auctioned, including any such agreements relating to the post-

auction market structure;

(viii) Certification under penalty of perjury that it has not

entered and will not enter into any explicit or implicit agreements,

arrangements or understandings of any kind with any parties other than

those identified pursuant to paragraph (a)(2)(vii) of this section

regarding the amount of their bids, bidding strategies or the

particular licenses on which they will or will not bid; and

(ix) Certification under penalty of perjury that it is not in

default on any Commission licenses and that it is not delinquent on any

extension of credit from any federal agency;

Note to paragraph (a): The Commission may also request

applicants to submit additional information for informational

purposes to aid in its preparation of required reports to Congress.

(b) Modification and amendment of application. Applicants will be

permitted to amend their Form 175 applications to make minor amendments

to correct minor errors or defects such as typographical errors.

Applicants will also be permitted to amend FCC Form 175 to make changes

to the information required by paragraph (a) of this section (such as

ownership changes or changes in the identification of parties to

bidding consortia), provided such changes do not result in a change in

control of the applicant and do not involve another applicant (or

parties in interest to an applicant) who has applied for licenses in

any of the same geographic license areas as the applicant. Amendments

which change control of the applicant will be considered major

amendments. An FCC Form 175 which is amended by a major amendment will

be considered to be newly filed and cannot be resubmitted after

applicable filing deadlines. See also Sec. 1.2105 of this chapter.

Sec. 27.205 Submission of upfront payments.

(a) The Commission may require applicants for licenses subject to

competitive bidding to submit an upfront payment. In that event, the

amount of the upfront payment and the procedures for submitting it will

be set forth in a public notice. No interest will be paid on upfront

payments.

(b) Upfront payments must be made by wire transfer.

(c) If the applicant does not submit at least the minimum upfront

payment, it will be ineligible to bid, its application will be

dismissed and any upfront payment it has made will be returned.

(d) The upfront payment(s) of a bidder will be credited toward any

down payment required for licenses on which the bidder is the high

bidder. Where the upfront payment amount exceeds the required deposit

of a winning bidder, the Commission may refund the excess amount after

determining that no bid withdrawal payments are owed by that bidder.

(e) In accordance with the provisions of paragraph (d) of this

section, in the event a payment is assessed pursuant to Sec. 27.203 for

bid withdrawal or default, upfront payments or down payments on deposit

with the Commission will be used to satisfy the bid withdrawal or

default payment before being applied toward any additional payment

obligations that the high bidder may have.

Sec. 27.206 Submission of down payment and filing of long-form

applications.

(a) After bidding has ended, the Commission will identify and

notify the high bidder and declare the bidding closed.

(b) Within ten (10) business days after being notified that it is a

high bidder on a particular license(s), a high bidder must submit to

the Commission's lockbox bank such additional funds (the ``down

payment'') as are necessary to bring its total deposits (not including

upfront payments applied to satisfy bid withdrawal or default payments)

up to twenty (20) percent of its high bid(s). This down payment must be

made by wire transfer or cashier's check drawn in U.S. dollars from a

financial institution whose deposits are insured by the Federal Deposit

Insurance Corporation and must be made payable to the Federal

Communications Commission. Down payments will be held by the Commission

until the high bidder has been awarded the license and has paid the

remaining balance due on the license, in which case it will not be

returned, or until the winning bidder is found unqualified to be a

licensee or has defaulted, in which case it will be returned, less

applicable payments. No interest will be paid on any down payment.

(c) A high bidder that meets its down payment obligations in a

timely manner must, within ten (10) business days after being notified

that it is a high bidder,

[[Page 59066]]

submit an additional application (the ``long-form application'')

pursuant to the rules governing the service in which the applicant is

the high bidder. Notwithstanding any other provision in chapter I of

title 47 of the Code of Federal Regulations to the contrary, high

bidders need not submit an additional application filing fee with their

long-form applications. Notwithstanding any other provision in chapter

I of title 47 of the Code of Federal Regulations to the contrary, the

high bidder's long-form application must be mailed or otherwise

delivered to: Office of the Secretary, Federal Communications

Commission, Attention: Auction Application Processing Section, 1919 M

Street, N.W., Room 222, Washington, D.C. 20554. An applicant that fails

to submit the required long-form application as required under this

section, and fails to establish good cause for any late-filed

submission, shall be deemed to have defaulted and will be subject to

the payments set forth in Sec. 27.203.

(d) As an exhibit to its long-form application, the applicant must

provide a detailed explanation of the terms and conditions and parties

involved in any bidding consortia, joint venture, partnership or other

agreement or arrangement it had entered into relating to the

competitive bidding process prior to the time bidding was completed.

Such agreements must have been entered into prior to the filing of

short-form applications pursuant to Sec. 27.204.

Sec. 27.207 Procedures for filing petitions to deny against WCS long-

form applications.

(a) Within five (5) days after the Commission gives public notice

that a long-form application has been accepted for filing, petitions to

deny that application may be filed. Any such petitions must contain

allegations of fact supported by affidavit of a person or persons with

personal knowledge thereof, and be served by hand upon the applicant or

its representative.

(b) An applicant may file an opposition to any petition to deny

within three (3) days after the deadline for filing petitions to deny.

Allegations of fact or denials thereof must be supported by affidavit

of a person or persons with personal knowledge thereof, and such

opposition must be served by hand upon the petitioner.

(c) If the Commission determines that:

(1) An applicant is qualified and there is no substantial and

material issue of fact concerning that determination, it will grant the

application;

(2) An applicant is not qualified and that there is no substantial

issue of fact concerning that determination, the Commission need not

hold a evidentiary hearing and will deny the application; and

(3) Substantial and material issues of fact require a hearing, it

will conduct a hearing. The Commission may permit all or part of the

evidence to be submitted in written form and may permit employees other

than administrative law judges to preside at the taking of written

evidence. Such hearing will be conducted on an expedited basis.

Subpart E--Application, Licensing, and Processing Rules for WCS

Sec. 27.301 Authorization required.

No person shall use or operate any device for the transmission of

energy or communications by radio in the services authorized by this

part except as provided in this part.

Sec. 27.302 Eligibility.

(a) General. Authorizations will be granted upon proper application

if:

(1) The applicant is qualified under the applicable laws and the

regulations, policies and decisions issued under those laws, including

Secs. 27.101 and 27.12;

(2) There are frequencies available to provide satisfactory

service; and

(3) The public interest, convenience or necessity would be served

by a grant.

(b) Alien ownership. A WCS authorization to provide Commercial

Mobile Radio Service may not be granted to or held by:

(1) Any alien or the representative of any alien;

(2) Any corporation organized under the laws of any foreign

government;

(3) Any corporation of which more than one-fifth of the capital

stock is owned of record or voted by aliens or their representatives or

by a foreign government or representative thereof or any corporation

organized under the laws of a foreign country; or

(4) Any corporation directly or indirectly controlled by any other

corporation of which more than one-fourth of the capital stock is owned

of record or voted by aliens, their representatives, or by a foreign

government or representative thereof, or by any corporation organized

under the laws of a foreign country, if the Commission finds that the

public interest will be served by the refusal or revocation of such

license.

(c) A WCS authorization to provide Private Mobile Radio Service may

not be granted to or held by a foreign government or a representative

thereof.

Sec. 27.303 Formal and informal applications.

(a) Except for an authorization under any of the conditions stated

in section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)),

the Commission may grant only upon written application received by it,

the following authorization: station licenses; modifications of

licenses; renewals of licenses; transfers and assignments of station

licenses, or any right thereunder.

(b) Except as may be otherwise permitted by this part, a separate

written application shall be filed for each instrument of authorization

requested. Applications may be:

(1) ``Formal applications'' where the Commission has prescribed in

this part a standard form; or

(2) ``Informal applications'' (normally in letter form) where the

Commission has not prescribed a standard form.

(c) An informal application will be accepted for filing only if:

(1) A standard form is not prescribed or clearly applicable to the

authorization requested;

(2) It is a document submitted, in duplicate, with a caption which

indicates clearly the nature of the request, radio service involved,

location of the station, and the application file number (if known);

and

(3) It contains all the technical details and informational

showings required by the rules and states clearly and completely the

facts involved and authorization desired.

Sec. 27.304 Filing of WCS applications, fees, and numbers of copies.

(a) As prescribed by Secs. 27.305 and 27.307, standard formal

application forms applicable to the WCS may be obtained from either:

(1) Federal Communications Commission, Washington, DC 20554; or

(2) By calling the Commission's Forms Distribution Center, (202)

418-3676.

(b) Applications for the initial provision of WCS service must be

filed on FCC Form 175 in accordance with the rules in Secs. 27.204 and

27.305 and part 1, subpart Q, of this chapter. In the event of mutual

exclusivity between applicants filing FCC Form 175, only auction

winners will be eligible to file subsequent long form applications on

FCC Form [XXX] for initial WCS licenses. Mutually exclusive

applications filed on Form 175 are subject to competitive bidding under

the rules in Secs. 27.204 and 27.305 and part 1, subpart Q, of this

chapter. WCS applicants filing Form [XXX] need not complete Schedule B.

(c) All applications for WCS radio station authorizations (other

than

[[Page 59067]]

applications for initial provision of WCS service filed on FCC Form

175) shall be submitted for filing to: Federal Communications

Commission, Washington, DC 20554, Attention: WCS Processing Section.

Applications requiring fees as set forth at part 1, subpart G, of this

chapter must be filed in accordance with Sec. 0.401(b) of this chapter.

(d) All correspondence or amendments concerning a submitted

application shall clearly identify the name of the applicant, applicant

identification number or Commission file number (if known) or station

call sign of the application involved, and may be sent directly to the

Wireless Telecommunications Bureau, Washington, DC 20554, WCS

Processing Section.

(e) Except as otherwise specified, all applications, amendments,

correspondence, pleadings and forms (with the exception of FCC Form

175, which is to be filed electronically pursuant to Sec. 27.204) shall

be submitted on one original paper copy and with three microfiche

copies, including exhibits and attachments thereto, and shall be signed

as prescribed by Sec. 1.743 of this chapter. Unless otherwise provided

by the FCC, filings of five pages or less are exempt from the

requirement to submit on microfiche, as well as emergency filings like

letters requesting special temporary authority. Those filing any

amendments, correspondence, pleadings, and forms must simultaneously

submit the original hard copy which must be stamped ``original''. In

addition to the original hard copy, those filing pleadings, including

pleadings under Sec. 1.2108 of this chapter shall also submit 2 paper

copies as provided in Sec. 1.51 of this chapter.

(1) Microfiche copies. Each microfiche copy must be a copy of the

signed original. Each microfiche copy shall be a 148 mm 0A 105 mm

negative (clear transparent characters appearing on an opaque

background) at 240A to 270A reduction for microfiche or microfiche

jackets. One of the microfiche sets must be a silver halide camera

master or a copy made on silver halide film such as Kodak Direct

Duplicatory Film. The microfiche must be placed in paper microfiche

envelopes and submitted in a B6 (125 mm 0A 176 mm) or 5 0A 7.5 inch

envelope. All applicants must leave Row ``A'' (the first row for page

images) of the first fiche blank for in-house identification purposes.

(2) All applications and all amendments must have the following

information printed on the mailing envelope, the microfiche envelope,

and on the title area at the top of the microfiche:

(i) The name of the applicant;

(ii) The type of application (e.g. nationwide, regional, etc.);

(iii) The month and year of the document;

(iv) Name of the document;

(v) File number, applicant identification number, and call sign, if

assigned; and

(vi) Each microfiche copy of pleadings shall include:

(A) The month and year of the document;

(B) Name of the document;

(C) Name of the filing party; and

(D) File number, applicant identification number, and call sign, if

assigned:

Sec. 27.305 Standard application forms and permissive changes or minor

modifications for the Wireless Communications Service.

(a) Applications for the initial provision of WCS service must be

filed electronically on FCC Forms 175 and 175-S.

(b) Subsequent application by auction winners or non-mutually

exclusive applicants for WCS radio station(s) under this part. FCC Form

[XXX] (``Application for New or Modified Wireless Communications

Service Under Part 27'') shall be submitted by each auction winner for

each WCS license applied for on FCC Form 175. In the event that mutual

exclusivity does not exist between applicants filing FCC Form 175, the

Commission will so inform the applicant and the applicant will also

file FCC Form [XXX]. Blanket licenses are granted for each market

frequency block. Applications for individual sites are not needed and

will not be accepted. See Sec. 27.11. WCS applicants filing Form [XXX]

need not complete Schedule B.

Sec. 27.306 Miscellaneous forms.

(a) Licensee qualifications. FCC Form 430 (``Common Carrier and

Satellite Radio Licensee Qualifications Report'') shall be filed by

Wireless Communications Service licensees only as required by Form 490

(Application for Assignment or Transfer of Control Under part 22 of

this chapter).

(b) Renewal of station license. Except for renewal of special

temporary authorizations, FCC Form 405 (``Application for Renewal of

Station License'') must be filed in duplicate by the licensee between

thirty (30) and sixty (60) days prior to the expiration date of the

license sought to be renewed.

Sec. 27.307 General application requirements.

(a) Each application (including applications filed on Forms 175 and

[XXX]) for a radio station authorization or for consent to assignment

or transfer of control in the WCS shall disclose fully the real party

or parties in interest and must include the following information:

(1) A list of its subsidiaries, if any. Subsidiary means any

business five per cent or more whose stock, warrants, options or debt

securities are owned by the applicant or an officer, director,

stockholder or key management personnel of the applicant. This list

must include a description of each subsidiary's principal business and

a description of each subsidiary's relationship to the applicant.

(2) A list of its affiliates, if any. Affiliates means any business

which holds a five percent or more interest in the applicant, or any

business in which a five percent or more interest is held by another

company which holds a five percent interest in the applicant (e.g.

Company A owns 5% of Company B and 5% of Company C; Companies B and C

are affiliates).

(3) A list of the names, addresses, citizenship and principal

business of any person holding five percent or more of each class of

stock, warrants, options or debt securities together with the amount

and percentage held, and the name, address, citizenship and principal

place of business of any person on whose account, if other than the

holder, such interest is held. If any of these persons are related by

blood or marriage, include such relationship in the statement.

(4) In the case of partnerships, the name and address of each

partner, each partner's citizenship and the share or interest

participation in the partnership. This information must be provided for

all partners, regardless of their respective ownership interests in the

partnership. A signed and dated copy of the partnership agreement must

be included in the application. This information must be included in

Exhibit V of the application.

(b) Each application for a radio station authorization in the WCS

must:

(1) Submit the information required by the Commission's rules,

requests, and application forms;

(2) Be maintained by the applicant substantially accurate and

complete in all significant respects in accordance with the provisions

of Sec. 1.65 of this chapter; and

(3) Show compliance with and make all special showings that may be

applicable.

[[Page 59068]]

(c) Where documents, exhibits, or other lengthy showings already on

file with the Commission contain information which is required by an

application form, the application may specifically refer to such

information, if:

(1) The information previously filed is over one A4 (21 cm x 29.7

cm) or 8.5 x 11 inch (21.6 cm x 27.9 cm) page in length, and all

information referenced therein is current and accurate in all

significant respects under Sec. 1.65 of this chapter; and

(2) The reference states specifically where the previously filed

information can actually be found, including mention of:

(i) The station call sign or application file number whenever the

reference is to station files or previously filed applications; and

(ii) The title of the proceeding, the docket number, and any legal

citations, whenever the reference is to a docketed proceeding. However,

questions on an application form which call for specific technical

data, or which can be answered by a ``yes'' or ``no'' or other short

answer shall be answered as appropriate and shall not be cross-

referenced to a previous filing.

(d) In addition to the general application requirements of subpart

F of this part and Sec. 1.2105 of this chapter, applicants shall submit

any additional documents, exhibits, or signed written statements of

fact:

(1) As may be required by this chapter; and

(2) As the Commission, at any time after the filing of an

application and during the term of any authorization, may require from

any applicant, permittee, or licensee to enable it to determine whether

a radio authorization should be granted, denied, or revoked.

(e) Except when the Commission has declared explicitly to the

contrary, an informational requirement does not in itself imply the

processing treatment of decisional weight to be accorded the response.

(f) All applicants (except applicants filing FCC Form 175) are

required to indicate at the time their application is filed whether or

not a Commission grant of the application may have a significant

environmental impact as defined by Sec. 1.1307 of this chapter. If

answered affirmatively, the requisite environmental assessment as

prescribed in Sec. 1.1311 of this chapter must be filed with the

application and Commission environmental review must be completed prior

to construction. See Sec. 1.1312 of this chapter. All WCS licensees are

subject to a continuing obligation to determine whether subsequent

construction may have a significant environmental impact prior to

undertaking such construction and to otherwise comply with Secs. 1.1301

through 1.1319 of this chapter. See Sec. 1.1312 of this chapter.

Sec. 27.308 Technical content of applications; maintenance of list of

station locations.

All applications required by this part shall contain all technical

information required by the application forms or associated public

notice(s). Applications other than initial applications for a WCS

license must also comply with all technical requirements of the rules

governing the WCS (see subparts C and D of this part as appropriate).

Sec. 27.310 Waiver of rules.

(a) Request for waivers. (1) Waivers of the rules in this chapter

may be granted upon application or by the Commission on its own motion.

Requests for waivers shall contain a statement of reasons sufficient to

justify a waiver. Waivers will not be granted except upon an

affirmative showing:

(i) That the underlying purpose of the rule in this chapter will

not be served, or would be frustrated, by its application in a

particular case, and that grant of the waiver is otherwise in the

public interest; or

(ii) That the unique facts and circumstances of a particular case

render application of the rule in this chapter inequitable, unduly

burdensome or otherwise contrary to the public interest. Applicants

must also show the lack of a reasonable alternative.

(2) If the information necessary to support a waiver request is

already on file, the applicant may cross-reference to the specific

filing where it may be found.

(b) Denial of waiver, alternate showing required. If a waiver is

not granted, the application will be dismissed as defective unless the

applicant has also provided an alternative proposal which complies with

the Commission's rules in this chapter (including any required

showings).

Sec. 27.311 Defective applications.

(a) Unless the Commission shall otherwise permit, an application

will be unacceptable for filing and will be returned to the applicant

with a brief statement as to the omissions or discrepancies if:

(1) The application is defective with respect to completeness of

answers to questions, informational showings, execution, or other

matters of a formal character; or

(2) The application does not comply with the Commission's rules,

regulations, specific requirements for additional information or other

requirements. See also Sec. 1.2105 of this chapter.

(b) Some examples of common deficiencies which result in defective

applications under paragraph (a) of this section are:

(1) The application is not filled out completely and signed;

(2) The application (other than an application filed on FCC Form

175) does not include an environmental assessment as required for an

action that may have a significant impact upon the environment, as

defined in Sec. 1.1307 of this chapter; or

(3) The application is filed prior to the public notice issued

under Sec. 27.317 announcing the application filing date for the

relevant auction or after the cutoff date prescribed in that public

notice.

(c) If an applicant is requested by the Commission to file any

documents or any supplementary or explanatory information not

specifically required in the prescribed application form, a failure to

comply with such request within a specified time period will be deemed

to render the application defective and will subject it to dismissal.

Sec. 27.312 Inconsistent or conflicting applications.

While an application is pending and undecided under this part, no

subsequent inconsistent or conflicting application may be filed by the

same applicant, his successor or assignee, or on behalf or for the

benefit of the same applicant, his successor or assignee.

Sec. 27.313 Amendment of applications for Wireless Communications

Service (other than applications filed on FCC Form 175).

This section applies to all applications for Wireless

Communications Service other than applications filed on FCC Form 175.

(a) Amendments as of right. A pending application may be amended as

a matter of right if the application has not been designated for

hearing.

(1) Amendments shall comply with Sec. 27.319, as applicable; and

(2) Amendments which resolve interference conflicts or amendments

under Sec. 27.319 may be filed at any time.

(b) The Commission or the presiding officer may grant requests to

amend an application designated for hearing only if a written petition

demonstrating good cause is submitted and properly served upon the

parties of record.

(c) Major amendments, minor amendments. The Commission will

classify all amendments as minor except

[[Page 59069]]

in the cases listed in this paragraph (c). An amendment shall be deemed

to be a major amendment subject to Sec. 27.317 under any of the

following circumstances:

(1) Change in technical proposal. If the amendment results in a

substantial change in the engineering proposal such as (but not

necessarily limited to) a change in, or an addition of, a radio

frequency;

(2) Amendment to proposed service area. If the amendment extends

the reliable service area of the proposed facilities outside its EA or

other applicable market area as defined in Sec. 27.102; or

(3) A substantial change in ownership or control.

(d) If a petition to deny (or other formal objection) has been

filed, any amendment, requests for waiver, (or other written

communications) shall be served on the petitioner by hand, unless

waiver of this requirement is granted pursuant to paragraph (e) of this

section. See also Sec. 1.2108 of this chapter.

(e) The Commission may waive the service requirements of paragraph

(d) of this section and prescribe such alternative procedures as may be

appropriate under the circumstances to protect petitioners' interests

and to avoid undue delay in a proceeding, if an applicant submits a

request for waiver which demonstrates that the service requirement is

unreasonably burdensome.

(f) Any amendment to an application shall be signed and shall be

submitted in the same manner, and with the same number of copies, as

was the original application. Amendments may be made in letter form if

they comply in all other respects with the requirements of this

chapter.

(g) An application will be considered to be a newly filed

application if it is amended by a major amendment (as defined in this

section), except in the following circumstances:

(1) The amendment reflects only a change in ownership or control

found by the Commission to be in the public interest;

(2) The amendment corrects typographical transcription, or similar

clerical errors which are clearly demonstrated to be mistakes by

reference to other parts of the application, and whose discovery does

not create new or increased frequency conflicts;

(3) The amendment does not create new or increased frequency

conflicts, and is demonstrably necessitated by events which the

applicant could not have reasonably foreseen at the time of filing,

such as, for example:

(i) The loss of a transmitter or receiver site by condemnation,

natural causes, or loss of lease or option; or

(ii) Obstruction of a proposed transmission path caused by the

erection of a new building or other structure.

Sec. 27.314 Application for temporary authorizations.

(a) In circumstances requiring immediate or temporary use of

facilities, request may be made for special temporary authority to

install and/or operate new or modified equipment. Any such request may

be submitted as an informal application in the manner set forth in

Sec. 27.303 and must contain full particulars as to the proposed

operation including all facts sufficient to justify the temporary

authority sought and the public interest therein. No such request will

be considered unless the request is received by the Commission at least

10 days prior to the date of proposed construction or operation or,

where an extension is sought, expiration date of the existing temporary

authorization. A request received within less than 10 days may be

accepted upon due showing of sufficient reasons for the delay in

submitting such request.

(b) Special temporary authorizations may be granted without regard

to the 30-day public notice requirements of Sec. 27.317 when:

(1) The

This text is long and has been trimmed here. Open the source document for the complete record.