Services in the 2.3 GHz and 47 GHz Bands

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 27

[WT Docket No. 98-136; FCC 98-142]

Services in the 2.3 GHz and 47 GHz Bands

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: On June 30, 1998, the Federal Communications Commission

[[Page 44823]]

(Commission) adopted a Notice of Proposed Rulemaking (NPRM) that

proposes licensing and operating rules for the 47.2-48.2 GHz (47 GHz)

band, and proposes that licenses for this band be acquired through

competitive bidding under the Commission's rules. The Commission also

proposes to license the 47 GHz band under the Commission's rules, as

modified to reflect the particular characteristics and circumstances of

services offered through the use of spectrum in the 47 GHz band. The

Commission seeks comment on how Government and non-Government licensees

can effectively share the 47 GHz band. In addition, in a few instances,

the Commission proposes that modifications to the rules be made

applicable to the 2.3 GHz band. The Commission also proposes to modify

the rules to clarify those rules that apply to both the 2.3 GHz band

and the 47 GHz band.

DATES: Comments are due on or before September 21, 1998, and reply

comments on or before October 13, 1998. Written comments by the public

on the proposed information collections are due September 21, 1998.

Written comments must be submitted by the Office of Management and

Budget (OMB) on the proposed information collections on or before

October 20, 1998.

ADDRESSES: Federal Communications Commission, Office of the Secretary,

Room 222, Washington, DC 20554. In addition to filing comments with the

Secretary, a copy of any comments on the information collections

contained herein should be submitted to Judy Boley, Federal

Communications Commission, Room 234, 1919 M Street, NW, Washington, DC

20554, or via the Internet to [email protected], and to Timothy Fain, OMB

Desk Officer, 10236 NEOB, 725-17th Street, NW, Washington, DC 20503, or

via the internet to [email protected].

FOR FURTHER INFORMATION CONTACT:

Auction Information: Julie Buchanan, 202-418-0660.

Legal Information: Eli Johnson, 202-418-1310.

Technical Information: Ed Jacobs, 202-418-1310.

For additional information concerning the information collections

contained in this NPRM, contact Judy Boley at 202-418-0214, or via the

Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the NPRM in WT Docket

No. 98-136, FCC 98-142, adopted June 30, 1998, and released July 29,

1998. The complete text of this NPRM is available for inspection and

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

239), 1919 M Street, NW, Washington, DC, and also may be purchased from

the Commission's copy contractor, International Transcription Services,

Inc. (202) 857-3800, 1231 20th Street, NW, Washington, DC 20036. The

complete text is also available under the file name fcc98142.wp or

fcc98142.txt on the Commission's internet site at http://www.fcc.gov/

Bureaus/Wireless/Orders/1998.

To file formally in this proceeding, you must file an original plus

four copies of all comments, reply comments, and supporting comments.

If you want each Commissioner to receive a personal copy of your

comments, you must file an original plus nine copies. You should send

comments and reply comments to Office of the Secretary, Federal

Communications Commission, Washington, DC 20554.

Comments may also be filed using the Commission's Electronic

Comment Filing System (ECFS). See Electronic Filing of Documents in

Rulemaking Proceedings (63 FR 24121, May 1, 1998). Comments filed

through the ECFS can be sent as an electronic file via the Internet to

http://www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an

electronic submission must be filed. In completing the transmittal

screen, commenters should include their full name, Postal Service

mailing address, and the applicable docket or rulemaking number.

Parties may also submit an electronic comment by Internet E-Mail. To

obtain filing instructions for E-Mail comments, commenters should send

an e-mail to [email protected], and should include the following words in

the body of the message, ``get form 1 the Commission decided to

make the 47 GHz band available for commercial use and to license the

spectrum under a flexible framework that is consistent with permitting

the band to be used for all the services permitted under the United

States Table of Allocations. Accordingly, the NPRM proposes to modify

part 27 of the Commission's rules, which currently applies only to

services at 2.3 GHz, to include the services to be provided at 47 GHz.

The NPRM proposes to modify part 27 to the extent necessary to reflect

the particular characteristics and circumstances of services to be

offered through the use of spectrum in the 47 GHz band. The NPRM also

proposes to modify part 27 to clarify that the rules contained in part

27 will apply to both the 2.3 GHz band and the 47 GHz band.

Additionally, in a few instances, the NPRM proposes certain

modifications to the part 27 rules that pertain to the 2.3 GHz band.

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

\1\ Use of Radio Frequencies Above 40 GHz for New Radio

Applications, 62 FR 43116, Aug. 12, 1997.

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

2. In the United States, the 47 GHz band is allocated to both

Government and non-Government operations on a shared co-primary basis.

The Commission recognized in proposing bands for satellite or wireless

use in an earlier proceeding that sharing with co-primary Government

users might create uncertainty regarding the amount of spectrum within

a licensed block that would be available for future commercial

use.2 The NPRM seeks comment on the possibilities for

sharing between Government and commercial wireless users on frequencies

in the 47 GHz band. For example, the NPRM seeks comment on whether it

is desirable to explore options that would permit exclusive non-

Government use in portions of this spectrum and provide Government

users geographic exclusivity in other spectrum.

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

\2\ Spectrum Allocation Proposals for Fixed-Satellite, Fixed,

Mobile, and Government Operations, 62 FR 16129, Apr. 4, 1997.

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

3. With regard to in-band interference control, the NPRM seeks

comment on whether a coordination approach or a field strength approach

should be utilized. The NPRM states that because development of

services and technologies that will use the 47 GHz band is just

beginning the Commission does not have reliable information at this

time on the technical parameters for services that will be offered. The

NPRM notes that in the past depending on the service the Commission has

used one or the other approaches.

4. The NPRM also seeks comment concerning the safety of

stratospheric platforms that could be used to provide services in the

47 GHz band. These platforms would be multi-ton platforms suspended by

balloons floating in the stratosphere over major cities across the

Nation. The possibility that these platforms, or parts of them, could

fail may present a significant safety concern. Because stratospheric

platforms are a novel technology, the Commission does not have a basis

or the experience on which to assess this issue and therefore the NPRM

requests comment on the public safety concerns that these platforms

could raise.

5. The NPRM proposes to use competitive bidding as the assignment

method for initial licenses in the 47 GHz band, if mutually exclusive

applications are filed. The NPRM tentatively concludes that assignment

of licenses through a system of competitive bidding will be consistent

with the requirements of Section 309(j) of the Communications Act, as

amended by the Balanced Budget Act of 1997. The NPRM bases this finding

on the fact that the 47 GHz band is not intended to be licensed for

public safety radio services; non-commercial educational broadcast

stations or public broadcast stations; or digital television service

licenses to be provided by terrestrial broadcast licensees to replace

their analog television service licenses.

6. The NPRM proposes to conduct the auction for initial licenses in

conformity with the general competitive bidding rules set forth in part

1, subpart Q, of the Commission's rules. Specifically, the NPRM

proposes to employ the part 1 rules governing designated entities,

application issues, payment issues, competitive bidding design,

procedure and timing issues, and anti-collusion requirements. These

rules would be subject to any modifications that the Commission adopts

in relation to its part 1 competitive bidding rules. The NPRM also

proposes to adopt the small business definitions that the Commission

adopted for broadband PCS for small and very small businesses.

Ex Parte Presentations

7. This is a non-restricted notice and comment rulemaking

proceeding. Ex parte presentations are permitted, except during the

Sunshine Agenda period, provided they are disclosed as provided in the

Commission rules. See generally 47 CFR 1.1202, 1.1203, and 1.1206(a).

Initial Regulatory Flexibility Analysis

8. As required by Section 603 of the Regulatory Flexibility Act

(RFA),3 the Commission has prepared this Initial Regulatory

Flexibility Analysis (IRFA) of the possible significant economic impact

on small entities by the policies and rules proposed in this Notice of

Proposed Rulemaking (NPRM), WT Docket No. 98-136. Written public

comments are requested on this IRFA. Comments must be identified as

responses to the IRFA and must be filed by the deadlines for comments

on the NPRM. The Commission will send a copy of the NPRM, including the

IRFA, to the Chief Counsel for Advocacy of the Small Business

Administration in accordance with the RFA.4 In addition, the

NPRM and IRFA (or summaries thereof) will be published in the Federal

Register.5

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

\3\ 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been

amended by the Contract with America Advancement Act of 1996, Pub.

L. 104-121, 110 Stat. 847 (1996) (CWAA). Title II of the CWAA is the

Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).

\4\ 5 U.S.C. 603(a).

\5\ See id.

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

A. Need for, and Objectives of, the Proposed Rules

9. This rulemaking is being initiated to adopt certain service,

licensing, and competitive bidding rules for the 47.2-48.2 GHz (47 GHz)

band. In an earlier Report and Order, the Commission opened this band

for commercial use and determined to license this spectrum under a

flexible framework that permits this band to be used for all services

permitted under the U.S. Table of Allocations. In particular, in this

NPRM, the Commission proposes to license the 47 GHz band under part 27

of the Commission's rules, as modified to reflect the particular

characteristics and circumstances of services offered through the use

of spectrum in the 47 GHz band. The Commission believes that this

approach will encourage new and innovative services and technologies in

this band without significantly limiting the range of potential uses

for this spectrum.

[[Page 44825]]

10. The Commission's objectives for the NPRM are: (1) to

accommodate the introduction of new uses of spectrum and the

enhancement of existing uses; (2) encourage commercial development of

equipment that can operate in frequency bands above 40 GHz; and (3) to

facilitate the awarding of licenses to entities who value them the

most. The Commission also seeks to ensure a regulatory plan for the 47

GHz band that will allow for the efficient licensing and use of the

band, eliminate unnecessary regulatory burdens, enhance the competitive

potential of the band, and provide a wide variety of radio services to

the public.

B. Legal Basis for Proposed Rules

11. The proposed action is authorized under sections 1, 4(i), 7,

10, 201, 202, 208, 214, 301, 303, 308, 309(j), and 310 of the

Communications Act of 1934, 47 U.S.C. 151, 154(i), 157, 160, 201, 202,

208, 214, 301, 303, 308, 309(j), 310.

C. Description and Estimate of the Number of Small Entities To Which

the Proposed Rules Will Apply

12. For the purposes of this NPRM, the RFA defines a ``small

business'' to be the same as a ``small business concern'' under the

Small Business Act,6 unless the Commission has developed one

or more definitions that are appropriate to its activities.7

Under the Small Business Act, a ``small business concern'' is one that:

(1) is independently owned and operated; (2) is not dominant in its

field of operation; and (3) meets any additional criteria established

by the Small Business Administration (SBA).8

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

\6\ 15 U.S.C. 632.

\7\ See 5 U.S.C. 601(3) (incorporating by reference the

definition of ``small business concern'' in 5 U.S.C. 632).

\8\ 15 U.S.C. 632.

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

13. The proposals in the NPRM affect applicants who wish to provide

services in the 47 GHz band. Pursuant to 47 CFR 24.720(b), the

Commission has defined ``small entity'' for Blocks C and F broadband

PCS licensees as firms that had average gross revenues of less than $40

million in the three previous calendar years. This regulation defining

``small entity'' in the context of broadband PCS auctions has been

approved by the SBA.9 With respect to 47 GHz license

applicants, the Commission proposes to use the small entity definition

adopted in the broadband PCS proceeding.

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

\9\ See Implementation of Section 309(j) of the Communications

Act--Competitive Bidding, PP Docket No. 93-253, Fifth Report and

Order, 9 FCC Rcd 5532, 5581-82 (para. 115) (1994).

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

14. The Commission, however, has not yet determined or proposed how

many licenses will be awarded, nor will it know how many licensees will

be small businesses until the auction, if required, is held. Even after

that, the Commission will not know how many licensees will partition

their license areas or disaggregate their spectrum blocks, if

partitioning and disaggregation are allowed. In view of the

Commission's lack of knowledge of the entities which will seek 47 GHz

licenses, the NPRM therefore assumes that, for purposes of Commission

evaluations and conclusions in the IRFA, all of the prospective

licensees are small entities, as that term is defined by the SBA or the

Commission's proposed definitions for the 47 GHz band.

15. The Commission invites comment on this analysis.

D. Description of Projected Reporting, Recordkeeping, and Other

Compliance Requirements

16. Entities interested in acquiring spectrum in the 47 GHz band

will be required to submit license applications and high bidders will

be required to apply for their individual licenses. The proposals under

consideration in this item also include requiring commercial licensees

to make showings that they are in compliance with construction

requirements, file applications for license renewals and make certain

other filings as required by the Communications Act. The Commission

requests comment on how these requirements can be modified to reduce

the burden on small entities and still meet the objectives of the

proceeding.

E. Steps Taken to Minimize Significant Economic Impact on Small

Entities, and Significant Alternatives Considered

17. The Commission has reduced burdens wherever possible. To

minimize any negative impact, however, the NPRM proposes certain

incentives for small entities which will redound to their benefit.

These special provisions include partitioning and spectrum

disaggregation. The regulatory burdens the NPRM has retained, such as

filing applications on appropriate forms, are necessary in order to

ensure that the public receives the benefits of innovative new services

in a prompt and efficient manner. The Commission will continue to

examine alternatives in the future with the objectives of eliminating

unnecessary regulations and minimizing any significant economic impact

on small entities. The Commission seeks comment on significant

alternatives commenters believe the Commission should adopt.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the

Proposed Rules

18. None.

Ordering Clauses

19. Accordingly, It is ordered that these actions Are taken

pursuant to sections 1, 4(i), 7, 10, 201, 202, 208, 214, 301, 303, 308,

309(j), and 310 of the Communications Act of 1934, as amended, 47

U.S.C. 151, 154(i), 157, 160, 201, 202, 208, 214, 301, 303, 308,

309(j), 310.

20. It is further ordered that Notice is hereby given of the

proposed regulatory changes described in the Notice of Proposed

Rulemaking, and that comment is sought on these proposals.

21. It is further ordered that the Commission's Office of Public

Affairs, Reference Operations Division, Shall send a copy of the Notice

of Proposed Rulemaking, including the Initial Regulatory Flexibility

Analysis, to the Chief Counsel for Advocacy of the Small Business

Administration in accordance with Section 603(a) of the Regulatory

Flexibility Act of 1980, Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-

612 (1980).

List of Subjects in 47 CFR Part 27

Communications common carriers, Radio.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the preamble, part 27 of Title 47 of

the Code of Federal Regulations is proposed to be amended as follows:

PART 27--WIRELESS COMMUNICATIONS SERVICE

1. The authority citation for part 27 continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, and 332.

2. Section 27.1 is amended by revising paragraph (b) to read as

follows:

Sec. 27.1 Basis and purpose.

* * * * *

(b) Purpose. This part states the conditions under which various

frequency bands are made available and licensed for the provision of

WCS.

* * * * *

3. Section 27.2 is revised to read as follows:

[[Page 44826]]

Sec. 27.2 Permissible communications.

(a) Subject to the rules contained in this part, any services

allocated in Sec. 2.106 of this chapter for non-Government use (column

5) in the frequency bands specified in Sec. 27.5 may be provided by WCS

licensees in those bands.

(b) 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.

4. Section 27.3 is amended by redesignating paragraphs (f), (g),

and (h) as paragraphs (g), (h), and (i) and adding a new paragraph (f)

to read as follows:

Sec. 27.3 Other applicable rule parts.

* * * * *

(f) Part 20. This part sets forth the requirements and conditions

applicable to commercial mobile radio service providers.

* * * * *

5. Section 27.4 is amended by revising the definition of ``wireless

communications service'' and by adding new definitions in alphabetical

order to read as follows:

Sec. 27.4 Terms and definitions.

* * * * *

Disaggregation. The assignment of discrete portions or ``blocks''

of spectrum licensed to a geographic licensee or qualifying entity.

* * * * *

High Altitude Platform Station. A station located on an object at

an altitude of 20 to 50 km and at a specified, nominal, fixed point

relative to the Earth.

* * * * *

Partitioning. The assignment of geographic portions of a licensee's

authorized service area along geopolitical or other boundaries.

* * * * *

Wireless Communications Service. A radiocommunication service that

encompasses the allocated radio services in Sec. 2.106 of this chapter

designated for non-Government use (column 5) for the frequency band in

which the station is licensed.

6. Section 27.5 is amended by adding paragraph (c) to read as

follows:

Sec. 27.5 Frequencies.

* * * * *

(c) Five paired channel blocks are available on a Regional Economic

Area Grouping basis as follows:

Block V: 47.2-47.3 and 47.7-47.8 GHz

Block W: 47.3-47.4 and 47.8-47.9 GHz

Block X: 47.4-47.5 and 47.9-48.0 GHz

Block Y: 47.5-47.6 and 48.0-48.1 GHz

Block Z: 47.6-47.7 and 48.1-48.2 GHz

7. Section 27.7 is added to subpart A to read as follows:

Sec. 27.7 Permissible communications services.

(a) Authorization for stations will be granted to provide services

on a common carrier basis or a non-common carrier basis or on both a

common carrier and non-carrier basis in a single authorization.

(b) Stations may render any kind of communications service

consistent with the Commission's rules and the regulatory status of the

station to provide services on a common carrier or non-common carrier

basis.

(c) An applicant or licensee may submit a petition at any time

requesting clarification of the regulatory status required to provide a

specific communications service.

8. Section 27.8 is added to subpart A to read as follows:

Sec. 27.8 Requesting regulatory status.

(a) Initial applications. An applicant will specify if it is

requesting authorization to provide services on a common carrier basis,

a non-common carrier basis, or on both a common carrier and non-common

carrier basis.

(b) Amendment of pending applications. (1) Any pending application

may be amended to:

(i) Change the carrier status requested; or

(ii) Add to the pending request in order to obtain both common

carrier and non-common carrier status in a single license.

(2) Amendments to change, or add to, the carrier status in a

pending application are minor amendments filed under Sec. 27.313.

(c) Modification of license. (1) A licensee may modify a license

to:

(i) Change the carrier status authorized; or

(ii) Add to the status authorized in order to obtain both common

carrier and non-common carrier status in a single license.

(2) Applications to change, or add to, the carrier status in a

license are modifications not requiring prior Commission authorization.

The licensee must notify the Commission within 30 days of the change.

If the change results in the discontinuance, reduction, or impairment

of an existing service, the licensee is also governed by Sec. 27.71.

9. Section 27.11 is amended by revising paragraph (b) to read as

follows:

Sec. 27.11 Initial authorization.

* * * * *

(b) The initial WCS authorizations shall be granted in accordance

with Sec. 27.5.

(1) Authorizations for Blocks A and B will be based on Major

Economic Areas (MEAs), as shown in Sec. 27.6. Authorizations for Blocks

C and D will be based on Regional Economic Area Groupings (REAGs), as

shown in Sec. 27.6.

(2) Authorizations for Blocks V, W, X, Y, and Z will be based on

Regional Economic Area Groupings (REAGs), as shown in Sec. 27.6.

(3) Applications for individual sites are not required and will not

be accepted, except where required for environmental assessments, in

accordance with Sec. 27.59.

10. Section 27.14 is amended by adding paragraphs (a)(1) and (a)(2)

to read as follows:

Sec. 27.14 Construction requirements; Criteria for comparative renewal

proceedings.

(a) * * *

(1) As examples of ``safe-harbors,'' for a WCS licensee that

chooses to offer fixed services or point-to-point services, the

construction of four permanent links per one million people in its

licensed service area at the 10-year renewal mark would constitute

substantial service. For a WCS licensee that chooses to offer mobile

services or point-to-multipoint services, a demonstration of coverage

to 20 percent of the population of its licensed service area at the 10-

year renewal mark would constitute substantial service. For a licensee

that chooses to offer a fixed-satellite service, one launched satellite

in conjunction with construction of one earth station per licensed

service area at the 10-year renewal mark would constitute substantial

service.

(2) In addition, the Commission may consider such factors as

whether the licensee is offering a specialized or technologically

sophisticated service that does not require wide coverage to be of

benefit to customers, and whether the licensee's operations serve niche

markets or focus on serving populations outside of areas served by

other licensees. These safe-harbor examples are intended to provide WCS

licensees a degree of certainty as to compliance with the substantial

service requirement by the end of the initial license term. Licensees

can meet this requirement in other ways, and licensees' showings will

be reviewed on a case-by-case basis.

* * * * *

11. Section 27.15 is amended by revising paragraph (b)(4) and

adding paragraph (e) to read as follows:

[[Page 44827]]

Sec. 27.15 Geographic partitioning and spectrum disaggregation.

* * * * *

(b) * * *

(4) Signal levels. For purposes of partitioning and disaggregation,

WCS systems must be designed so as not to exceed the signal level

specified in Sec. 27.55 at or beyond the licensee's service area

boundary, unless any affected adjacent service area licensee has agreed

to a different signal level.

* * * * *

(e) Construction requirements--(1) Partitioning. Partial assignors

and assignees for license partitioning have two options to meet

construction requirements. Under the first option, the partitioner and

partitionee would each certify that they will independently satisfy the

substantial service requirement for their respective partitioned areas.

If either licensee failed to meet its substantial service showing

requirement, only the non-performing licensee's renewal application

would be subject to dismissal. Under the second option, the partitioner

certifies that it has met or will meet the substantial service

requirement for the entire market. If the partitioner fails to meet the

substantial service standard, however, only its renewal application

would be subject to forfeiture at renewal.

(2) Disaggregation. Partial assignors and assignees for license

disaggregation have two options to meet construction requirements.

Under the first option, the disaggregator and disaggregatee would

certify that they each will share responsibility for meeting the

substantial service requirement for the geographic service area. If

parties choose this option and either party fails to do so, both

licenses would be subject to forfeiture at renewal. The second option

would allow the parties to agree that either the disaggregator or the

disaggregatee would be responsible for meeting the substantial service

requirement for the geographic service area. If parties choose this

option, and the party responsible for meeting the construction

requirement fails to do so, only the license of the nonperforming party

would be subject to forfeiture at renewal.

12. Section 27.53 is amended by adding a heading to paragraph (a),

revising the introductory text of paragraph (a), redesignating

paragraph (c) as paragraph (d), and adding a new paragraph (c), to read

as follows:

Sec. 27.53 Emission limits.

(a) For the band 2305-2360 MHz: The power of any emission outside

the licensee's bands of operation shall be attenuated below the

transmitter power (p) within the licensed bands of operation by the

following amounts:

* * * * *

(c) For the 47.2-48.2 GHz band: The peak power of any emission

outside the licensee's authorized bands shall be attenuated below the

maximum peak spectral density by at least 43+10 log (p) dB or 80 dB,

whichever is less.

* * * * *

13. Section 27.55 is revised to read as follows:

Sec. 27.55 Field strength limits.

The predicted or measured median field strength at any location at

or beyond the border of a WCS service area shall not exceed the

following value unless the parties agree to a different field strength.

The following value applies to both the initially offered MEA and REAG

service areas and to partitioned service areas:

For the 2305-2320 MHz and 2345-2360 MHz bands: 47 dBuV/m.

14. Section 27.57 is revised to read as follows:

Sec. 27.57 International coordination.

Terrestrial WCS operations in the border areas shall be subject to

coordination with bordering countries and provide protection to non-

U.S. operations in the appropriate frequency bands. In addition,

satellite operations in WCS spectrum shall be subject to international

satellite coordination procedures.

15. Section 27.58 is amended by revising the introductory text of

paragraph (a) to read as follows:

Sec. 27.58 Interference to MDS/ITFS receivers.

(a) WCS licensees operating in the 2.3 GHz band shall bear full

financial obligation to remedy interference to MDS/ITFS block down

converters if all of the following conditions are met:

* * * * *

16. Section 27.71 is added to subpart C to read as follows:

Sec. 27.71 Discontinuance, reduction, or impairment of service.

(a) If the service provided by a fixed common carrier licensee is

involuntarily discontinued, reduced, or impaired for a period exceeding

48 hours, the licensee must promptly notify the Commission, in writing,

as to the reasons for discontinuance, reduction, or impairment of

service, including a statement when normal service is to be resumed.

When normal service is resumed, the licensee must promptly notify the

Commission.

(b) If a fixed common carrier licensee voluntarily discontinues,

reduces, or impairs service to a community or part of a community, it

must obtain prior authorization as provided under Sec. 63.71 of this

chapter. An application will be granted within 30 days after filing if

no objections were received.

(c) If a non-common carrier licensee voluntarily discontinues,

reduces, or impairs service to a community or part of a community, it

must give written notice to the Commission within seven days.

(d) Notifications and requests identified in paragraphs (a) through

(c) of this section should be sent to: Federal Communications

Commission, Common Carrier Radio Services, 1270 Fairfield Road,

Gettysburg, Pennsylvania 17325.

[FR Doc. 98-22352 Filed 8-20-98; 8:45 am]

BILLING CODE 6712-01-P