Reallocation of Digital Electronic Messaging Service

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, and 101

[ET Docket No. 97-99; FCC 97-95]

Reallocation of Digital Electronic Messaging Service

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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[[Page 24577]]

SUMMARY: The Commission has adopted rules and policies to amend its

Table of Frequency Allocations and its rules regarding Fixed Microwave

Services to permit Fixed Service use of the 24.25-24.45 GHz and 25.05-

25.25 GHz bands (24 GHz band). This action facilitates the relocation

of the digital electronic message service (DEMS) from the 18.82-18.92

GHz and 19.16-19.26 GHz bands (18 GHz band) to the 24 GHz band and to

prohibit certain new low power operations in the Washington, D.C., and

Denver, Colorado, areas. This action is being taken to advance,

support, and accommodate the national defense. In order to accommodate

this relocation, the Commission establishes rules to govern DEMS

operations in the 24 GHz band.

EFFECTIVE DATE: June 5, 1997.

FOR FURTHER INFORMATION CONTACT: Meribeth McCarrick, News Media

Contact, (202) 418-0256; Fred Thomas at (202) 418-2449 or Rodney Small

at (202) 418-2452, Office of Engineering and Technology; Chris Murphy,

International Bureau, Satellite Policy Branch, (202) 418-2373; or Ron

Netro, Wireless Telecommunications Bureau, (202) 418-1310.

SUPPLEMENTARY INFORMATION:

I. Introduction

By this action, the Commission amends its Table of Frequency

Allocations and Part 101 of its rules regarding Fixed Microwave

Services to permit Fixed Service use of the 24.25-24.45 GHz and 25.05-

25.25 GHz bands (``24 GHz band''). This action will facilitate

relocation of the digital electronic message service (``DEMS'') from

the 18.82-18.92 GHz and 19.16-19.26 GHz bands (``18 GHz band'') to the

24 GHz band. This action is being taken to advance, support and

accommodate the national defense. 1 In order to accommodate

this relocation, the Commission establishes rules to govern DEMS

operations in the 24 GHz band.

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\1\ See 47 U.S.C. Sec. 151.

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II. Background

2. In a July 1995 Memorandum Opinion and Order, FCC 95-316, 60 FR

39657 (``MO&O''), we amended our Table of Frequency Allocations by

adding footnote US334 to permit use of the 17.8-20.2 GHz band for

Government space-to-Earth fixed satellite transmissions and by

modifying footnote G117 to limit Government use of this band to

military systems. 2 This action was taken at the request of

the National Telecommunications and Information Administration

(``NTIA'') because, according to NTIA, the

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\2\ See 10 FCC Rcd 9931 (1995).

reallocation is essential to fulfill requirements for Government

space systems to perform satisfactorily [and] current Department of

Defense (DoD) requirements cannot be accommodated in frequency bands

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currently allocated for Government use. * * * '' 3

\3\ Id. at para. 3.

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In the MO&O, we stated that this band is allocated on a worldwide basis

for Fixed Satellite Service (``FSS'') downlinks and domestically is

predominantly exclusive non-Government spectrum. We further stated that

the 17.8-19.7 GHz band is used by a variety of fixed services,

including auxiliary broadcast, common carrier, private, cable

television, digital termination systems, and, the main service

addressed in this Order, DEMS. 4

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\4\ Id. at para. 2.

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3. Subsequently, the Commission discussed various coordination

alternatives with NTIA and put in place interim coordination procedures

for services in this band. In Maryland, Virginia, the District of

Columbia and Colorado (``Washington, D.C. and Denver areas''), fixed

service licensees may not begin operation until their applications are

approved. 5 These interim measures have permitted licensing

of non-Government facilities while preserving protection of the

Government operations and providing an opportunity to evaluate longer

term solutions that are acceptable to both the NTIA and the Commission.

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\5\ 11 FCC Rcd 13449, 13462 (1996) at para. 29. In all other

parts of the U.S. licensees may begin conditional operations upon

filing an application for a license to operate. See 47 CFR 101.5(d).

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4. Since adoption of footnote US334, the NTIA and the Commission

have explored various methods of protecting the Government Earth

stations while minimizing the impact on non-Government services.

Because of the variety of non-Government terrestrial services in the

17.8-20.2 GHz band, it was determined that the optimum solution differs

depending on the characteristics of the service. For instance, the

highly directional nature of fixed point-to-point operations allows

individual point-to-point links to be coordinated with Government

operations at much closer distances than is possible with point-to-

multipoint operations. In the case of DEMS, based on typical system

parameters, NTIA determined that it would not be possible for DEMS to

be provided within 40 km of the Government Earth stations. 6

Considering the maximum system parameters permitted under our rules for

DEMS, a potential for interference extends well beyond 40 km. Licenses

for DEMS have already been granted in the vicinity of the Government

facilities and operations under these licenses would not be compatible

with Government operations.

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\6\ See Letter from Richard Parlow, Associate Administrator,

Office of Spectrum Management, NTIA to Richard Smith, Chief, Office

of Engineering and Technology, FCC, dated January 7, 1997.

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5. Considering the extent of the area in which DEMS operations

would be excluded, NTIA, on behalf of the Department of Defense, sent a

letter dated January 7, 1997, stating that co-frequency, co-coverage

operation of DEMS and the Government Earth stations is not possible and

that steps should be taken to ensure protection of the Government Earth

stations. Further, recognizing the Commission's desire to ensure the

viability of DEMS and that this would require that spectrum for DEMS be

available on a nationwide basis, NTIA proposed to make spectrum from

the 24.25--24.65 GHz band available nationwide for DEMS. In addition,

NTIA requested that accommodation of the Government Earth stations and

relocation of DEMS be undertaken on an expedited basis because of the

essential nature of these actions to military functions and sensitive

national security interests of the United States. 7 NTIA

also stated that there are a limited number of Government

radionavigation assignments in portions of the 24.25--24.65 GHz band

and that coordination between NTIA and the Commission may be necessary

to determine any sharing arrangements or transition plans for these

stations.

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\7\ Id.

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6. On March 5, 1997, we received a second letter from NTIA making

the 24.25--24.45 and 25.05--25.25 GHz bands available for non-

Government uses (``Second NTIA Letter''). 8 The Second NTIA

Letter reiterates the Government's determination that existing DEMS

licensees must relocate to minimize potential interference to

Government Earth stations in the 18 GHz band pursuant to footnote US334

and national security interests. To this end, NTIA has withdrawn the

allocation for the Government radionavigation service in the 24.25--

24.45 GHz and 25.05--25.25 GHz bands to permit relocation of DEMS from

the 18 GHz band. In addition, NTIA requires that the Commission limit

future FCC licensees from using the 17.8-20.2 GHz

[[Page 24578]]

band for operations in the Washington, D.C. and Denver areas based on

criteria discussed below.

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\8\ See Letter from Richard Parlow, Associate Administrator,

Office of Spectrum Management, NTIA to Richard Smith, Chief, Office

of Engineering and Technology, FCC, dated March 5, 1997.

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7. In addition to Government satellite use, in July 1996, we set

forth a plan for non-Government satellite downlink use of the 17.7--

20.2 GHz band and for paired GSO and non-GSO (``NGSO'') satellite

uplinks, as well as Local Multipoint Distribution Service, in the

27.5--30 GHz band (``28 GHz Order'') See First Report and Order and

Fourth Notice of Proposed Rule Making to Amend Part 1, 2, 21, and 25 of

the Commission's Rules to Redesignate the 27.5-29.5 GHz Frequency Band,

to Establish Rules and Policies for Local Multipoint Distribution

Service and for Fixed Satellite Services, CC Docket No. 92-297, FCC 96-

311, rel. July 22, 1996, 61 FR 44177, at para. 77. Specifically, of

relevance to this decision, we designated the 18.8--19.3 GHz segment

for NGSO/FSS uses. That designation raised the issue of coordination

with terrestrial services.

8. As part of the 28 GHz proceeding, a great deal of effort, over

several years, was put into determining whether ubiquitous satellite

services could share spectrum with ubiquitous terrestrial services. In

the 28 GHz Order we concluded, based on the entire record before us,

that co-frequency sharing between NGSO/FSS uplinks from ubiquitously

deployed terminals (satellite services) and Local Multipoint

Distribution Service (``LMDS'') (a high density point-to-multipoint

terrestrial service) with its ubiquitously deployed subscriber

terminals, was not feasible. We also concluded, however, that there was

no indication in the record that sharing between NGSO/FSS downlinks and

terrestrial services in the 18.8--19.3 GHz range would be infeasible,

and indicated that we would rely on traditional coordination methods to

address potential incompatibility between the satellite and terrestrial

services in the absence of such evidence. 9 However,

subsequent developments, such as the availability of equipment to

provide point-to-multipoint service in this band, have raised

substantial questions concerning the feasibility of traditional

coordination methods for DEMS and NGSO/FSS in the 18 GHz band.

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\9\ Id. at para. 79.

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9. After the release of the 28 GHz Order on August 23, 1996, an

NGSO/FSS applicant, Teledesic Corporation, seeking to use the 18 GHz

band, filed a written request seeking an administrative freeze on

acceptance and processing of applications for DEMS licenses in the 18

GHz band, due to concerns about frequency sharing with DEMS operations.

There were many DEMS applications at various stages at that time.

10 Recognizing the need to maintain the existing environment

and study the spectrum sharing issue, the Wireless Telecommunications

and International Bureaus granted Teledesic's request and ordered an

administrative freeze on new applications, amendments to pending

applications, renewals, modifications, or extensions for either

terrestrial fixed services or NGSO/FSS earth stations in the 18 GHz

band (``18 GHz Freeze Order''). Freeze on the Filing of Applications

for New Licenses, Amendments, and Modifications in the 18.8-19.3 GHz

Frequency Band, DA 96-1481 (rel. Aug. 30, 1996), para. 3. The Bureaus

also ordered that already-filed applications for new markets in the 18

GHz band be held in abeyance. 11 In the interim, Teledesic

and DEMS operators have been involved in private negotiations to

resolve the issues that gave rise to the 18 GHz Freeze Order.

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\10\ These included applications for additional nodal sites

within already-licensed exclusive defined areas and for new

exclusive geographic areas. Id., para. 2.

\11\ Id., para. 12.

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10. Teledesic has a separate interest in relocating DEMS from the

18 GHz band due to interference with its Earth station downlinks in the

18 GHz band. Even if the DEMS licensees in the Washington, D.C. and

Denver areas had ceased service due to interference with Government

Earth stations, Teledesic determined that it was unable to share the 18

GHz band with point-to-multipoint operations in other geographic areas

as well. In order to facilitate the relocation of DEMS, and eliminate

sharing concerns with the DEMS licensees, Teledesic has now agreed to

reimburse licensees which are required to modify existing equipment in

order to operate in the 24 GHz band being offered by the Government.

12

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\12\ See Letter dated February 27, 1997, from Russell Daggatt,

President, Teledesic Corporation, and Laurence Harris, Counsel for

Associated Communications, L.L.C., to Michele C. Farquhar, Chief,

Wireless Telecommunications Bureau, and Donald H. Gips, Chief,

International Bureau.

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III. Discussion

11. In order to give effect to NTIA's request, we implement changes

to our rules, as described below, without notice and comment

procedures. These rule changes provide for the relocation of DEMS

interests from the 18 GHz band to the 24 GHz band. This is necessary

because we are required to relocate DEMS in the Washington, D.C. and

Denver, Colorado, regions in the interests of national security.

Although this goal might be accomplished by moving the Washington, D.C.

and Denver, Colorado operations only, doing so would effectively

preclude these areas from getting DEMS service, since it is unlikely

that 24 GHz equipment could be manufactured at economic prices solely

for these two markets. We believe that the public interest is served by

ensuring that services are deployed so that consumers are not

disadvantaged by greater complexity in providing service to their

geographic location. Accordingly, we seek to maintain the DEMS on a

unified frequency band nationwide. 13 Therefore, rather than

license DEMS using a second band of frequencies solely for the

Washington, D.C. and Denver areas, NTIA has offered to make Government

spectrum available in the 24 GHz band to relocate the entire DEMS

service for continued nationwide deployment.

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\13\ See Amendment of Parts 2, 21, 74 and 94 of the Commission's

Rules to Allocate Spectrum at 18 GHz, 54 RR2d 1091, 1100 (1983) at

para. 40 (describing the Commission's policy that DEMS should be

treated uniformly in Alaska and the contiguous 48 states and that

service allocation applies equally to all areas of Commission

jurisdiction).

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12. Specifically, NTIA has made available 400 megahertz of spectrum

in the 24.25--24.45 GHz and 25.05--25.25 GHz bands in order to

accommodate DEMS and will delete its Radionavigation Service allocation

in those bands. Based on a very narrow set of parameters that arise

from the need to move DEMS as quickly and with as little impact as

possible, we find that 400 megahertz of spectrum in the 24 GHz band

will provide DEMS with service equivalent to that at 18 GHz. The 24 GHz

band will accommodate existing licensees using four times the channel-

width and sufficient transmit/receive frequency separation to permit

DEMS systems to maintain equivalent information capacity to similarly

engineered systems at 18 GHz. For a more detailed technical

explanation, attached hereto.

13. Therefore, in order to accommodate the Government's needs in

the 18 GHz band, by this Order, we are allocating, for Fixed Service

use, the 24.25-24.45 GHz and 25.05-25.25 GHz bands and are relocating

DEMS to those bands from the 18 GHz band. In addition, NTIA has

included, in the Second NTIA Letter, a request that we replace our

current interim coordination procedures for non-DEMS fixed services in

the 18 GHz band with permanent coordination requirements developed by

the Government user. 14 These

[[Page 24579]]

permanent coordination procedures include exclusion zones around the

Government Earth stations in which no new DEMS or low power non-

Government operations will be permitted in the 18 GHz band. We will

adopt rules consistent with the exclusion and coordination requirements

requested by NTIA in a future order, except that by this Order we are

modifying our rules with regard to low power operations at 18 GHz.

Because these low power operations are licensed on an area basis, it is

very difficult to ensure that individual transmitters are properly

coordinated with the Government operations in the band. Accordingly, to

help ensure the protection of the Government operations, we are

prohibiting any new low power operations within 55 km when used outdoor

and 20 km when used indoor of the coordinates 38 deg.48' N and

76 deg.52' W (Washington, D.C., area) and 39 deg.43' N and 104 deg.46'

W (Denver, Colorado, area). 15 Pending adoption of a future

order consistent with NTIA's request, we will continue to protect

Government operations in the 18 GHz band from other non-Government

operations by using the interim procedures currently in place.

16

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\14\ See Letter from Richard Parlow, Associate Administrator,

Office of Spectrum Management, NTIA to Richard Smith, Chief, Office

of Engineering and Technology, FCC, dated March 5, 1997, at para.

iv, v.

\15\ See Appendix A, amended rule 47 CFR 101.147(r)(10).

\16\ Supra para. 3.

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14. To effectuate the transition of DEMS licensees from 18 GHz to

24 GHz, we are amending our rules to require incumbent DEMS licensees

to cease operations using the 18 GHz band in the Denver and Washington

areas immediately upon the effective date of our amended rules.

17 In all other areas, incumbent DEMS licensees must cease

operations not later than January 1, 2001. The amended rules reflect

the current provisions of Part 101 governing existing DEMS licensing

and operations with certain revisions necessary to effect the

relocation of these licensees to 24 GHz, for example, frequency band

and channel bandwidth. The purpose of these revisions is to ensure

that, to the fullest extent practicable, incumbent DEMS operations are

able to provide service using frequencies in the 24 GHz band in a

manner equivalent to their operations in the 18 GHz band. To implement

these changes, we are also exercising our authority under section 316

of the Communications Act to modify licenses. 18 All DEMS

licenses for the 18 GHz band will be modified as described above as

well as to authorize operations in the 24 GHz band. These modifications

will be effected by separate action by the Wireless Telecommunications

Bureau. None of these revisions is intended otherwise to alter, modify,

expand, or change in any material way the authorizations provided to

incumbent DEMS licensees under the terms of their current licenses.

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\17\ These areas are defined by a circle with a radius of 150 km

from 38 deg.48' N and 76 deg.52' W (Washington, D.C., area) and a

circle with a radius of 150 km from 39 deg.43' N and 104 deg.46' W

(Denver, Colorado, area).

\18\ Licensees will be afforded the 30 day protest period,

pursuant to the statute. However, due to the consensual nature of

this relocation, we do not anticipate any objections to the proposed

license modifications.

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15. The only current operations in the United States in the 24 GHz

band are two radionavigation radar facilities operated by the FAA.

These are located near Washington, D.C. and Newark, New Jersey. These

facilities are scheduled to be decommissioned as of January 1, 1998 and

January 1, 2000, respectively. Accordingly, DEMS operations at 24 GHz

will be required to protect these facilities until the decommissioning

dates. The FAA, NTIA, FCC, and affected licensees will coordinate to

assure compatible operations in these areas. However, we do not

anticipate the protection criteria as to unduly limit DEMS operations,

especially in view of near term decommissioning. 19 We also

note that there are NASA operations in the adjacent band that must be

considered. 20 Also, operations in United States border

areas will be subject to coordination with Canada and Mexico, as

necessary.

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\19\ See Letter from Richard Parlow, Associate Administrator,

Office of Spectrum Management, NTIA to Richard Smith, Chief, Office

of Engineering and Technology, FCC, dated March 5, 1997.

\20\ We have adopted limitations on out-of-band emissions which

we believe are sufficient to afford any necessary protection. See

also Letter from Richard Parlow, Associate Administrator, Office of

Spectrum Management, NTIA, to Richard Smith, Chief, Office of

Engineering and Technology, FCC, dated May 14, 1996 (NTIA making

certain changes in the Table of Frequency Allocations concerning

these services and suggesting that the FCC do the same). We intend

to consider such changes to the Table of Frequency Allocations in a

future proceeding.

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16. In that this Order resolves conflicts surrounding the use of

the 18 GHz band, we believe that we can now rescind our action in the

18 GHz Freeze Order and substitute the following. We will grant the

pending applications that have passed both the 30-day Public Notice

period and the 60 day competing application cut-off period and for

which there are no mutually exclusive competing applications. We will

also grant the pending applications for nodal stations within markets

for which a license exists. The licenses granted will permit operations

at 18 GHz until the year 2001 and at 24 GHz for the term of the

license. New facilities will be permitted only to the extent they are

consistent with current authorizations, except that in the Denver and

Washington areas, no new facilities, or modifications to existing

facilities, will be permitted. No applications for new 18 GHz DEMS

facilities will be accepted for filing. Future licensing in the 24 GHz

band will be addressed in a subsequent rulemaking.

17. With regard to the applications that were pending at the time

of the 18 GHz freeze but had not passed the 60-day cut-off period for

competing applications because of the freeze on the filing of new

applications, we believe that it is appropriate and equitable to

dismiss them. These applications are not ripe for processing because we

cannot predict whether competing applications would have been filed.

Furthermore, in view of our decision to move DEMS operations to the 24

GHz band, it is unnecessary to retain these applications in a pending

status in that we are not in the process of establishing new rules for

the continued operation of DEMS at 18 GHz.

IV. Procedural Matters

18. Based on the representations of NTIA that the relocation is

essential to fulfill requirements for Government military space systems

to perform satisfactorily,21 we are amending the Table of

Allocations in Part 2 of the rules to include the Fixed service in the

24.25-24.45 and 25.05-25.25 GHz bands and making other changes in our

rules necessary to relocate DEMS systems to the 24 GHz band on a

nationwide basis. The rules adopted in this order therefore involve the

exercise of military functions of the United States in that they ensure

the Government's current and future ability to operate military space

systems in the 18 GHz frequency band. In addition, to the extent that

any additional frequencies are being reallocated, these measures are

necessary to ensure that DEMS service providers continue to be able to

provide nationwide service. We believe that it would not be practical

to have DEMS operating in two bands on a long term basis because of the

complications involved with coordinating with the Government Earth

stations, inconvenience to subscribers, and coordination with NGSO/FSS

[[Page 24580]]

operations. Therefore, based on national security needs and because

notice and public comment and procedures are otherwise, for good cause

shown, unnecessary and contrary to the public interest, notice and

comment procedures need not be followed prior to adoption of these

rules. See 5 U.S.C. 553 (a)(1), (b)(3)(B); Bendix Aviation Corp. v.

F.C.C., 272 F.2d 533 (D.C. Cir. 1959), cert. denied sub nom.

Aeronautical Radio, Inc. v. U.S., 361 U.S. 965 (1960).

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\21\ See Letter from Richard Parlow, Associate Administrator,

Office of Spectrum Management, NTIA, to Richard Smith, Chief, Office

of Engineering and Technology, FCC, dated January 7, 1997.

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V. Ordering Clauses

19. Accordingly, it is ordered that Parts 1, 2, and 101 of the

Commission's Rules ARE AMENDED as specified below, effective June 5,

1997. This action is authorized by Sections 4(i), 303(c), 303(f), and

303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Section

154(i), 303(c), 303(f), and 303(r).

20. It is further ordered that all DEMS licenses for the 18 GHz

band that include service in an area within 150 km of the coordinates

38 deg.48' N/76 deg.52' W (Washington, D.C area) and 39 deg.43' N/

104 deg.46' W (Denver, CO area) will be modified so as to prohibit

operations in those areas on those frequencies at midnight on the

effective date of the rules adopted herein. Furthermore, all DEMS

licenses for the 18 GHz band will be modified to expire on midnight of

January 1, 2001 so as to prohibit operations on those frequencies

beyond that date. All DEMS licenses will be modified to permit

operations in the 24 GHz band for the remainder of their license term

and consistent with the rules applicable in the 24 GHz band. Incumbent

licensees will have 30 days from the date of release of this Order to

protest the license modification consistent with Section 316 of the

Communications Act of 1934, as amended. The Chief, Wireless

Telecommunications Bureau, is instructed to notify the incumbent DEMS

licensees of this Order on the release date pursuant to Section 1.87 of

the Commission's Rules.

21. It is further ordered that licenses for low power systems in

the 18 GHz band will be modified to prohibit any new low power

operations within 55 km when used outdoor and 20 km when used indoor of

the coordinates 38 deg.48' N and 76 deg.52' W (Washington, D.C., area)

and 39 deg.43' N and 104 deg.46' W (Denver, Colorado, area). Incumbent

licensees will have 30 days from the date of release of this Order to

protest the license modification consistent with Section 316 of the

Communications Act of 1934, as amended. The Chief, Wireless

Telecommunications Bureau, is instructed to notify the incumbent low

power licensees of this Order on the release date pursuant to section

1.87 of the Commission's Rules.

22. It is further ordered that, pending adoption of a future order

consistent with NTIA's request for permanent coordination criteria

concerning all non-Government operations in the 18 GHz band, we will

continue to protect Government operations from non-Government

operations not covered by this Order by using the interim procedures

currently in place.

DEMS Relocation Technical Description

We have reviewed the operations and proposed operations of

incumbent 18 GHz DEMS licensees and evaluated the changes that would be

necessary to provide equivalent operations at 24 GHz. Differences in

propagation, rain attenuation, and available equipment at 18 GHz,

compared to 24 GHz, will require the licensees to use different

modulation and will affect the ability of operators to dynamically

assign channels to users. Assuming use of similar equipment in all

other respects including transmit power, systems at 24 GHz will require

approximately four times the bandwidth as at 18 GHz to maintain

equivalent capacity and coverage. Specifically, based on a typical cell

with a radius of 5 km and for a typical U.S. climate, there is an

additional 11.8 dB of loss due to propagation and rain attenuation at

24 GHz compared to 18 GHz based on a reliability of 99.99%.

To provide for as rapid a transition as possible, as requested by

NTIA, we have performed an analysis based on the use of the same or

similar equipment to the extent possible. Based on this assumption,

existing licensees will not be able to compensate for losses in the

link budget merely by increasing transmitter power. Instead, changes in

system operation will be required to achieve a reliable link comparable

to that available at 18 GHz. Some benefit is realized by using the same

antenna at the higher frequency. This provides 2.3 dB of additional

gain at 24 GHz compared to 18 GHz. If licensees are to maintain the

same cell coverage area, the remaining loss must be made up by changes

in modulation and system operation. Current systems use 16-TCM (\3/4\)

modulation, but have the capability to use QPSK (\1/2\). Using QPSK

rather than 16-TCM to serve user stations at the edge of the cell

recovers 7 dB of the loss. The information capacity, however, is

reduced by a factor of three (3). The additional path loss must be

recouped by eliminating the dynamic bandwidth allocation planned by

current licensees. Dynamic bandwidth allocation allows the DEMS systems

to dynamically change the bandwidth available to a user based on actual

demand at any given time. Fixing the amount of spectrum available to a

user provides an additional 4 dB in the link budget over dynamic

operations. Eliminating the efficiencies inherent in dynamically

allocating spectrum, however, results in a significant reduction in

system capacity. The exact reduction in capacity varies with parameters

assumed for a typical system. Taken together, the changes in system

operations necessary to compensate for greater losses at 24 GHz

compared to 18 GHz result in a loss in system capacity in excess of

four times the capacity at 18 GHz.

It is not necessary, however, to implement these changes in all

areas of the cell. The changes are only necessary to maintain reliable

coverage to the edge of a typical 5 km cell. We expect that, to the

extent possible, licensees will maximize system capacity by maintaining

the efficiencies planned for 18 GHz. Accordingly, we calculated the net

effect on system capacity by considering the impact on information for

any changes necessary to maintain a reliable link weighted by the area

in which those changes would be necessary. Taking these factors into

consideration, the information capacity at 24 GHz is approximately one-

fourth that at 18 GHz, for a similar system with the same reliability

and coverage. As a result, channels at 24 GHz will be four times those

at 18 GHz.

List of Subjects

47 CFR Part 1

Administrative practice and procedure.

47 CFR Part 2

Radio.

47 CFR Part 101

Communications equipment, Radio, Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Final Rules

For the reasons set out in the preamble, Parts 1, 2, and 101 of

Title 47 of the Code of Federal Regulations are amended as set forth

below.

PART 1--PRACTICE AND PROCEDURE

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

[[Page 24581]]

Authority: 15 U.S.C. 79 et seq., and 47 U.S.C. 151, 154(i),

154(j), and 303(r).

Sec. 1.825 [Amended]

2. In Sec. 1.825 remove paragraph (b) and remove the paragraph

designation (a).

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: Sec. 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 entries for 24.25-24.45 GHz and 24.75-25.25 GHz;

b. Add entries for 24.25-24.45 GHz, 24.75-25.05, and 25.05-25.25

GHz;

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

S5.534 and S5.535;

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

footnote 882G; and

e. Add new footnote US341.

The additions read as follows:

Sec. 2.106 Table of Frequency Allocations.

International table United States table FCC use designators

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Government Non-

Region 2-- Region 3-- --------------- Government

Region 1-- allocation GHz allocation GHz --------------- Rule Special-use

allocation GHz Allocation Allocation part(s) frequencies

GHz GHz

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

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* * * * * * *

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

24.25-24.45 24.25-24.45 24.25-24.45 24.25-24.45 24.25-24.45

FIXED RADIONAVIGATION RADIONAVIGATION ............. RADIONAVIGATI AVIATION

FIXED ON (87)

MOBILE FIXED FIXED

MICROWAVE

(101)

................ ................ US341 US341

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* * * * * * *

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

24.75-25.05 24.75-25.05 24.75-25.05 24.75-25.05 24.75-25.05

FIXED FIXED-SATELLITE FIXED RADIONAVIGATI RADIONAVIGATI AVIATION

(Earth-to- FIXED-SATELLITE ON ON (87)

space) S5.535 (Earth-to-

space) S5.535

MOBILE

S5.534

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

25.05-25.25 25.05-25.25 25.05-25.25 25.05-25.25 25.05-25.25

FIXED FIXED-SATELLITE FIXED ............. RADIONAVIGATI AVIATION

(Earth-to- FIXED-SATELLITE ON (87)

space) S5.535 (Earth-to- FIXED FIXED

space) S5.535 MICROWAVE

MOBILE (101)

S5.534

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

* * * * * * *

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

International Footnotes

* * * * *

I. New ``S'' Numbering Scheme

* * * * *

S5.534 Additional allocation: in Japan, the band 24.65-25.25

GHz is also allocated to the radionavigation service on a primary

basis until 2008.

S5.535 In the band 24.75-25.25 GHz, feeder links to stations of

the broadcasting-satellite service shall have priority over other

users in the fixed-satellite service (Earth-to-space). Such other

users shall protect and shall not claim protection from existing and

future operating feeder-link networks to such broadcasting satellite

stations.

* * * * *

United States (US) Footnotes

* * * * *

US341 Non-government operations in the 24.25-24.45 GHz band

must provide protection to FAA radionavigation radar facilities near

Washington, D.C., and Newark, New Jersey, until January 1, 1998, and

January 1, 2000, respectively. Protection will be afforded in

accordance with criteria developed by the F.C.C. and N.T.I.A.

* * * * *

PART 101--FIXED MICROWAVE SERVICES

1. The authority citation for Part 101 continues to read as

follows:

Authority: 47 U.S.C. 154, 303.

2. In Section 101.13, paragraph (c) is amended by revising the

first sentence to read as follows:

Sec. 101.13 Application forms and requirements for private operational

fixed stations.

* * * * *

(c) A separate Form 402 for point-to-multipoint frequencies in the

10.6, 18 GHz and 24 GHz bands must be filed for each Nodal Station

except for operations consistent with Sec. 101.147. * * *

* * * * *

[[Page 24582]]

3. Section 101.45 is amended by adding a new paragraph (h) to read

as follows:

Sec. 101.45 Mutually exclusive applications.

* * * * *

(h) Renewal applications will not be included in a random selection

process.

Sec. 101.49 [Removed]

4. Section 101.49 is removed.

5. In Sec. 101.59, paragraphs (b)(1), (c)(1)(i) and (c)(2)(i) are

revised; paragraph (c)(2)(ii) is removed; and paragraph (c)(2)(iii) is

redesignated as paragraph (c)(2)(ii), to read as follows:

Sec. 101.59 Processing of applications for facility minor

modifications.

* * * * *

(b) * * *

(1) It is in the Private Operational Fixed Point-to-Point

Microwave, Common Carrier Fixed Point-to-Point Microwave, or Local

Television Transmission Services;

* * * * *

(c) * * *

(1) * * *

(i) Any increase in equivalent isotropically radiated power is less

than 3 dB over the previously authorized output power;

* * * * *

(2) * * *

(i) Any increase in antenna height is less than 3.0 meters (10

feet) above the previously authorized height;

* * * * *

6. Section 101.101 is amended by adding an entry to the table to

read as follows:

Sec. 101.101 Frequency availability.

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

Frequency band (MHz) Radio service

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

Common carrier (Part Private radio (Part Broadcast auxilliary Other (Parts 15, 21,

101) 101) (Part 74) 24, 25, 74, 78 & 100) Notes

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

* * * * * * *

24,250-25,250..................... DEMS DEMS

* * * * * * *

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

* * * * *

7. In Sec. 101.109, paragraph (c) is amended by adding an entry to

the table to read as follows:

Sec. 101.109 Bandwidth.

* * * * *

(c) * * *

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

Maximum authorized

Frequency band (MHz) bandwidth

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

24,250-25,250............................... 40 MHz

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

* * * * *

8. In Sec. 101.111, the introductory text of paragraph (a)(4) is

revised to read as follows:

Sec. 101.111 Emission limitations.

(a) * * *

(4) For Digital Termination System channels used in the Digital

Electronic Message Service (DEMS) operating in the 17,700-19,700 and

24,250-25,250 MHz bands:

* * * * *

9. In Sec. 101.113, paragraph (a) is amended by adding an entry to

the table to read as follows:

Sec. 101.113 Transmitter power limitations.

(a) * * *

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

Maximum allowable EIRP 1, 2

Frequency band (MHz) -------------------------------------

Fixed (dBW) Mobile (dBW)

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

* * * * *

24,250-25,250..................... +55

* * * * *

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

\1\ Per polarization.

\2\ For multiple address operations, see Sec. 101.147. Remote alarm

units that are part of a multiple address central station protection

system are authorized a maximum of 2 watts.

* * * * *

10. In Sec. 101.115, paragraph (c) is amended by adding the entries

to the table to read as follows:

Sec. 101.115 Directional antennas.

* * * * *

(c) * * *

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

Maximum Minimum radiation suppression to angle in degrees from centerline of main

beam beam in decibels

width to Minimum ----------------------------------------------------------------------------

3 dB antenna

Frequency (MHz) Category points gain 10 deg. 15 deg. 20 deg. 30 deg. 100 deg. 140 deg.

\1\ (dbi) 5 deg. to to 15 to 20 to 30 to 100 to 140 to 180

(included 10 deg. deg. deg. deg. deg. deg. deg.

angles in

--------------------------------------------------------degrees)----------------------------------------------------------------------------------------

* * * * * * *

24,250 to 25,250 \10\............... A 2.2 38 25 29 33 36 42 55 55

B 2.2 38 20 24 28 32 35 36 36

* * * * * * *

* * * * * * *

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

\1\ If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the

elevation planes.

[[Page 24583]]

\10\ DEMS User Stations antennas in this band must meet performance Standard B and have a minimum antenna gain of 34 dBI. The maximum beamwidth

requirement does not apply to DEMS User Stations. DEMS Nodal Stations need not comply with these standards.

* * * * *

11. In Sec. 101.141, the introductory text of paragraph (a) is

revised to read as follows:

Sec. 101.141 Microwave modulation.

(a) Microwave transmitters employing digital modulation techniques

and operating below 19.7 GHz and in the 24.25-25.25 GHz band must, with

appropriate multiplex equipment, comply with the following additional

requirements:

* * * * *

12. In Sec. 101.147, paragraph (a) is amended by adding an entry to

the listing; revising paragraph (r) heading, paragraph (r)(9)

introductory text, and the first two sentences of paragraph (r)(10);

and adding new entries to the table in paragraph (r)(9), to read as

follows:

Sec. 101.147 Frequency assignments.

(a) * * *

* * * * *

24,250-25,250 MHz

* * * * *

(r) 17,700 to 19,700 and 24,250 to 25,250 MHz. * * *

* * * * *

(9) The following frequencies are available for point-to-multipoint

DEMS Systems, except that channels 35-39 are available only to existing

18 GHz DEMS licensees as of March 14, 1997. Systems operating on

Channels 25-34 must cease operations as of January 1, 2001, except that

those stations on these channels within 150 km of the coordinates

38 deg.48' N/76 deg.52' W (Washington, D.C., area) and 39 deg.43' N/

104 deg.46' W (Denver, Colorado, area) must cease operations as of June

5, 1997:

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

Nodal station User station

Channel No. frequency band frequency band

(MHz) limits (MHz) limits

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

* * * * *

35............................ 24,250-24,290...... 25,050-25,090

36............................ 24,290-24,330...... 25,090-25,130

37............................ 24,330-24,370...... 25,130-25,170

38............................ 24,370-24,410...... 25,170-25,210

39............................ 24,410-24,450...... 25,210-25,250

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

* * * * *

(10) Special provision for low power systems in the 17,700-19,700

MHz band: Notwithstanding other provisions in this rule part and except

for specified areas around Washington, D.C., and Denver, Colorado,

licensees of point-to-multipoint channel pairs 25-29 identified in

paragraph (r)(9) of this section may operate multiple low power

transmitting devices within a defined service area. New operations are

prohibited within 55 km when used outdoor and within 20 km when used

indoor of the coordinates 38 deg.48' N/76 deg.52' W and 39 deg.43' N/

104 deg.46' W. * * *

* * * * *

13. Section 101.501 is revised to read as follows:

Sec. 101.501 Eligibility.

In that DEMS operations will be transitioned to the 24 GHz band,

applications for new facilities using the 18 GHz channels identified in

Sec. 101.147(r)(9) are not acceptable for filing as of June 5, 1997.

14. Section 101.505 is revised to read as follows:

Sec. 101.505 Frequencies.

Frequencies, and the conditions on which they are available, for

DEMS operations are contained in this subpart as well as in

Sec. 101.147(r)(9) of subpart C of this part.

15. Section 101.507 is revised to read as follows:

Sec. 101.507 Frequency stability.

The frequency stability in the 17,700-19,700 and 24,250-25,250 MHz

bands must be 0.001% for each DEMS Nodal Station

transmitter and 0.003% for each DEMS User Station

transmitter.

16. In Sec. 101.509, the introductory text of paragraph (c) is

revised to read as follows:

Sec. 101.509 Interference protection criteria.

* * * * *

(c) The following interference studies, as appropriate, must be

included in DEMS Nodal Station applications to the extent they are

provided for in this subpart:

* * * * *

[FR Doc. 97-11768 Filed 5-5-97; 8:45 am]

BILLING CODE 6712-01-P