Frequencies in the 218-219 MHz Band

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 20, 95, and 97

[WT Docket No. 98-169; WT Docket No. 95-47; FCC 98-228]

Frequencies in the 218-219 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This rule is part of the Commission's comprehensive

examination of its regulations governing the licensing and use of

frequencies in the 218-219 MHz band, allocated to the Interactive Video

and Data Service (IVDS) in the Personal Radio Services. In this rule,

the Commission addresses issues regarding the IVDS installment payment

portfolio and redesignates this service as the ``218-219 MHz Service,''

and resolves matters raised in petitions for reconsideration.

EFFECTIVE DATE: November 9, 1998.

FOR FURTHER INFORMATION CONTACT: Bob Allen at (202) 418-0660 (Auctions

& Industry Analysis Division) or James Moskowitz at (202) 418-0680

(Public Safety & Private Wireless Division), Wireless

Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This Order, and (MO&O), in WT Docket No. 98-

169, RM-8951, adopted September 15, 1998, released September 17, 1998,

is available for inspection and copying during normal business hours in

the FCC Dockets Branch, Room 230, 1919 M Street, N.W., Washington, D.C.

The complete text may be purchased from the Commission's copy

contractor, International Transcription Service, Inc., 1231 20th

Street, N.W., Washington, D.C. 20036, (202) 857-3800.

Synopsis of Order and Memorandum Opinion and Order

I. Introduction And Background

1. IVDS is a point-to-multipoint, multipoint-to-point, short

distance communications service in which licensees may provide

information or services to individual subscribers within a service

area, and subscribers may provide interactive responses. See 47 CFR

95.803(a). These systems use radio channels in the 218-219 MHz band for

fixed and mobile services between the licensee's cell transmitter

station (CTS) and the subscriber's response transmitter unit (RTU), or

between two CTSs.

2. IVDS was established in response to a petition for rulemaking

filed by TV Answer, Inc. (TV Answer) (now known

[[Page 54074]]

as EON Corporation (EON)), a company proposing a system that would

provide interactivity capabilities to television viewers. See Notice of

Proposed Rule Making, 56 FR 10222 (March 11, 1991) (``Allocation

Notice''). In the Report and Order, 57 FR 8272 (March 9, 1992) (``1992

Allocation Report and Order'') the Commission established a frequency

allocation at 218-219 MHz for IVDS, allowing a 500 kilohertz frequency

segment to two licensees in each of the 734 cellular-defined service

areas (306 Metropolitan Statistical Areas (MSAs) and 428 Rural Service

Areas (RSAs)). When the Commission adopted the service rules governing

IVDS in the 1992 Allocation Report and Order, it decided, inter alia,

to regulate IVDS as a private radio service, and to establish licensing

criteria such as a five-year license term, restrictions on ownership of

both frequency segments in a given market, and construction benchmarks.

The Commission designed technical requirements that would permit the

spectrum allocation for IVDS as sought by TV Answer and reduce the

potential for harmful interference to nearby operations, including

reception of TV Channel 13 broadcasts in the 210-216 MHz band. The

Commission later modified the IVDS construction benchmark scheme,

Report and Order, 61 FR 1286 (January 19, 1996), (``One-Year

Construction Report and Order''), and, in its Mobility Report and

Order, the Commission authorized use of this spectrum to provide mobile

as well as fixed operation.

3. In the Omnibus Budget Reconciliation Act of 1993 (1993 Budget

Act), Congress authorized the Commission to award licenses for certain

spectrum-based services by competitive bidding (i.e., auctions). In the

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

Bidding Second Report and Order''), on recon., Second Memorandum

Opinion and Order, 59 FR 44272 (August 26, 1994), the Commission

determined that IVDS licenses should be awarded through competitive

bidding, and prescribed certain general rules and procedures to be used

for all auctionable services. In the Fourth Report and Order, 59 FR

24947 (May 13, 1994) (``Competitive Bidding Fourth Report and Order''),

the Commission established specific auction procedures for IVDS,

setting forth auction methodology and payment procedures, and

incorporating by reference many of the general rules and procedures set

forth in the Competitive Bidding Second Report and Order, such as the

installment payment and associated grace period rules. In addition, the

Competitive Bidding Fourth Report and Order established provisions such

as installment payments to ensure that small businesses, rural

telephone companies, and businesses owned by members of minority groups

and women (collectively, ``designated entities'') are afforded a

meaningful opportunity to participate in IVDS auctions. More recently,

in the Third Report and Order, 63 FR 2315 (January 15, 1998) (``Part 1

Third Report and Order''), the Commission streamlined the general

competitive bidding procedures to provide a uniform set of Part 1

provisions to be applied to all auctionable services, including IVDS.

The new Part 1 license-related payment rules apply to existing IVDS

licensees effective March 16, 1998.

4. The first eighteen IVDS system licenses (two licenses in nine of

the top ten MSAs) were awarded by lottery held September 15, 1993, and

granted on March 28, 1994. Subsequently, utilizing the procedures

adopted in the Competitive Bidding Fourth Report and Order, the

Commission held the first auction for IVDS licenses on July 28 and 29,

1994, covering the remaining 594 MSA licenses. On January 18, 1995 and

February 28, 1995, the Commission conditionally granted licenses to the

winning bidders, subject to the bidder meeting the terms of the auction

rules, including down payment requirements.

5. On September 4, 1996, Petitioners filed a Petition for

Rulemaking, RM-8951, seeking a change in the IVDS license term from

five to ten years, with a corresponding extension of installment

payment amortization. The Petition for Rulemaking was later amended

with requests for regulatory relief on other issues such as

construction benchmarks, ownership limitations, and technical

restrictions. The Commission received no comments in opposition to the

Petition for Rulemaking.

6. On December 4, 1996, the Wireless Telecommunications Bureau

(``Bureau'') announced a February 18, 1997 start date for an auction of

981 IVDS licenses, consisting of the 856 RSA licenses, and 125 MSA

licenses being reauctioned because the first auction winners were found

in default. Then, on January 29, 1997, the Bureau announced

postponement of the IVDS auction, ``to give the Commission an

opportunity to consider [the] Petition for Rulemaking and numerous

informal requests of potential bidders and license holders seeking to

obtain additional flexibility for the service.''

II. Order

7. In authorizing the use of auctions to award licenses, Congress

directed the Commission to ensure that designated entities are given

the opportunity to participate in the provision of spectrum-based

services. In accordance with this statutory mandate, the Commission's

competitive bidding rules for the first auction of IVDS licenses

allowed winning bidders that qualified as small businesses to pay 20

percent of their net bid price(s) as a down payment and the remaining

80 percent in installments over the five-year term of the license(s),

with interest only paid for the first two years, and interest and

principal payments amortized over the remaining three years. The first

interest payment, due March 31, 1995, was deferred to June 30, 1995

pursuant to administrative action by the Office of Managing Director.

The Bureau further stayed the date for making the initial interest

payment pending Commission resolution of licensees' substantive

requests related to the payment requirements. The stay was lifted on

January 5, 1996, with licensees required to make the interest payments

back-due from March 31, 1995 and June 30, 1995. Although the interest

payments due September 30, 1995 and December 31, 1995 remained

uncollected (hereinafter, the ``Suspension Interest''), the Commission

denied requests to ``set-back'' the payment schedule. Therefore, the

first installment payment consisting of principal and interest was due

March 31, 1997.

8. Pursuant to the installment payment rules in effect for payments

due prior to March 16, 1998, any licensee whose installment payment was

more than 90 days past due was in default, unless a ``grace period''

request was filed prior to the default date. Specifically, in

anticipation of default on one or more installment payments, a licensee

could request that the Commission grant a three- to six-month grace

period during which no installment payments need be made. The licensee

would not be declared in default during the pendency of such request.

If the Commission (or the Bureau upon delegated authority) granted the

request, the licensee would not be considered in default during the

grace period, and the interest that accrued while no payments are made

was amortized by adding it to the other interest payments over the

remaining term of the license. Upon expiration of any grace period

without successful resumption of payment, or upon default with no such

request submitted, the license was cancelled automatically.

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9. In the Part 1 Third Report and Order, the Commission modified

the grace period provisions as applied to all existing licensees who

are currently paying for their licenses in installments. Thus,

beginning with installment payments due on or after March 16, 1998, a

licensee that does not make payment on an installment obligation when

due will automatically have an additional 90 days in which to submit

its required payment without being considered delinquent, but will be

assessed a late payment fee equal to five percent of the amount of the

past due payment. If the licensee fails to make the required payment

within the first 90-day period, the licensee automatically will be

provided a subsequent 90 days in which to submit its required payment

without being considered delinquent, this time subject to a second,

additional late payment fee equal to ten percent of the amount of the

past due payment. The licensee is not required to submit a filing to

take advantage of these provisions. A licensee who fails to make

payment within 180 days after an installment payment due date

sufficient to pay all past-due late payment fees, interest, and

principal, will be deemed to have failed to make full payment of its

obligation and the license shall automatically cancel without further

Commission action. The late payment fee and automatic cancellation

provisions described above do not apply to licensees with properly

filed grace period requests until such time as the Commission (or the

Bureau upon delegated authority) addresses these grace period requests.

10. As of March 16, 1998, the effective date of the revised grace

period rule, the IVDS installment payment portfolio consisted of

licensees that have remitted their requisite installment payments,

licensees that have not remitted their requisite installment payments

but have properly filed grace period requests under the former

installment payment rules, and licensees that have not remitted their

requisite installment payments and do not have grace period requests on

file in conformance with the former rules. Petitioners request that the

Commission forego acting on the pending grace period requests and waive

the late payment fee and automatic cancellation provisions of the

revised installment payment rules for IVDS licensees until resolution

of the proposals set forth in the Petition for Rulemaking, RM-8951, in

an initial Report and Order. In addition, the Commission has before it

several requests from IVDS licensees for broader relief associated with

the installment payment program. Some licensees seek more modest

relief, generally associated with the pendency of this rulemaking.

Other licensees request various types of payment deferral and/or

restructuring.

11. The Commission believes that widespread cancellation of IVDS

licenses through operation of the late payment fee and automatic

cancellation provisions of the revised grace period rule would be

inconsistent with many of the proposals under consideration in the

Petition for Rulemaking, RM-8951. Therefore, the Commission will grant

Petitioners' request to the extent that it will not act on grace period

requests until the rulemaking is resolved. Since the late payment fee

and automatic cancellation provisions of the revised grace period rule

do not apply to licensees with properly filed grace period requests

until such time as those grace period requests are addressed, there is

no reason to grant a service-wide waiver of those provisions as

Petitioners request. The Commission also believes that IVDS licensees

that have remitted adequate installment payments as of March 16, 1998,

and thus did not have grace period requests on file when the revised

rules took effect, should not be penalized through the operation of the

late payment fee and automatic cancellation provisions of the revised

grace period rule, insofar as the Commission will need time to evaluate

the issues raised in the Petition for Rulemaking, RM-8951. Therefore,

for those licensees, the Commission suspends the operation of the late

payment fee and automatic cancellation provisions of the revised grace

period rule during the pendency of the rulemaking. In sum, the

Commission will not assess late payment fees or cancel any IVDS license

for which a properly filed grace period request is pending, or for

which adequate installment payments were made as of March 16, 1998,

until resolution of the issues raised in the Petition for Rulemaking,

RM-8951, in an initial Report and Order. Licensees that have been

delinquent in payment without properly filed grace period requests are

in default of their payment obligations and will be notified by the

Bureau regarding debt collection procedures.

12. All other requests for payment deferral or restructuring that

are inconsistent with this Order, are hereby denied. The Commission

concludes that it is reluctant to adopt any solutions that will only

postpone these payment difficulties and further prolong uncertainty. In

that regard, the Commission reminds licensees that there is no

suspension of the requirement to make quarterly payments under its

installment payment rules, irrespective of its actions today, and that

the Commission will strictly enforce the late payment fee and automatic

cancellation provisions of the revised grace period rule beginning with

the first payment due upon resolution of the issues raised in the

Petition for Rulemaking, RM 89-51, in an initial Report and Order.

I. Memorandum Opinion And Order

13. On May 16, 1996, the Commission adopted the Mobility Report and

Order, in which the Commission amended its rules to authorize mobile in

addition to fixed operation for IVDS RTUs operated with an effective

radiated power (ERP) of 100 milliwatts or less. The Commission decided

that the output power of these mobile RTUs could be measured in terms

of ``mean power'' rather than ``peak power,'' and the Commission

eliminated the requirement that such units utilize automatic power

controls. In addition, the Commission eliminated the IVDS duty cycle

requirement for RTU operations outside of TV Channel 13 predicted Grade

B contours. Finally, the Commission permitted direct CTS-to-CTS

communications on a primary basis, enabling licensees to transmit

point-to-point communications between fixed points within their

systems. The Commission found that these amendments would provide

additional flexibility for licensees to meet the communications needs

of the public, which the record indicated may include commercial data

distribution and inventory monitoring services, without increasing the

likelihood of interference. Timely petitions for reconsideration of the

Mobility Report and Order were filed by Euphemia Banas, et al. (Banas)

and the National Association of Broadcasters (NAB); and ITV/IALC timely

filed a Request for Clarification. The Commission addresses these

filings below.

A. Service Designation

14. As a threshold matter, given the regulatory flexibility

provided to 218-219 MHz band licensees in the Mobility Report and

Order, the Commission believes the service designation ``Interactive

Video and Data Service'' no longer describes the breadth of different

services evolving in the 218-219 MHz band. In addition to radio-based

interactive television services, the Commission has noted a myriad of

services that licensees can offer, including commercial data

applications such as transmission of database information to point-of-

sale terminals,

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home banking or downloading of data to personal computers, VCRs, or

other consumer electronic products. The Commission is also aware of

other uses of this spectrum, including two-way telemetry services such

as remote meter reading and energy management operations, inventory

monitoring services, a link between automatic teller machines and a

bank's central computer, alarm security functions, cable television

theft deterrence, and stock transaction or quotation services. Indeed,

this list of applications is not exhaustive. Therefore, on its own

motion, the Commission redesignates this service as the ``218-219 MHz

Service,'' to eliminate any confusion regarding the service's existing

capabilities. This change in nomenclature is procedural in nature under

the Administrative Procedure Act, and consequently, the requirement of

notice and comment rulemaking does not apply.

B. Operation of Mobile RTUs

15. As the Commission stated in the Mobility Report and Order, by

definition, mobility makes it more likely that an RTU will transiently

operate in areas where interference may result. The Commission

therefore recognized that allowing unrestricted mobile operations may

promote flexibility within the service, but it also increases the

interference potential with respect to the operation of licensees in

other services.

16. The Commission finds Baras' claim that the 100 milliwatt power

limit raises the cost and amount of time necessary to construct a

network as unpersuasive because 218-219 MHz Service licensees are not

required to provide service to mobile RTUs--it is merely one type of

service licensees may provide. Moreover, the Commission expects that

licensees will factor additional cost considerations into their

decision making process concerning what services to provide their

subscribers and how much to charge for them. The Commission also

disagrees with NAB's request to measure output in terms of peak power

rather than mean power. The Commission purposefully chose the mean

power measurement for these low power mobile RTUs because it concluded

that a mean power standard would provide licensees with greater

economic flexibility and efficiency in equipment design, while only

insignificantly increasing the risk of interference to TV Channel 13

operations. Nonetheless, the combination of suggestions in the

petitions for reconsideration and associated comments leads the

Commission to question whether the 100 milliwatt ERP limit may be

unnecessarily low. As the record does not provide the empirical data to

support a reasonable alternative, the Commission dismisses petitions

with respect to the mobile RTU power limit issue and will reexamine the

issue as part of the record of the Petition for Rulemaking, RM-8951.

C. Duty Cycle

17. In the Mobility Report and Order, the Commission eliminated the

duty cycle requirement for: (1) fixed RTUs operating outside a TV

Channel 13 predicted Grade B contour; and (2) mobile RTUs operating in

system service areas that do not overlap with a TV Channel 13 predicted

Grade B contour. In doing so, the Commission noted that in such areas,

TV Channel 13 operations have no expectation of protection from

interference, thereby rendering the duty cycle restriction unnecessary,

and furthermore, that the duty cycle limitation was an additional

safeguard against interference rather than one of the principal ways

the Commission intended to minimize the interference potential of the

218-219 MHz Service.

18. The Commission believes that NAB's request to expand the area

of RTU duty cycle limits at least ten miles further in all directions

would burden 218-219 MHz Service technical operations with no attendant

public interest benefits. The Commission therefore denies NAB's request

that it expand this interference protection requirement to include an

area far outside the TV Channel 13 Grade B contour because it is

inconsistent with its goal of providing flexibility to licensees to

design their systems in the most efficient way. The Commission also

denies NAB's request for expanded duty cycle regulations in

anticipation of advanced television implementation. This request was

fully considered in the Mobility Report and Order, in which the

Commission stated that it expects that whatever system is adopted will

generally be more immune to interference from signals in adjacent

spectrum than is the case with current analog TV systems.

D. Limitations on Types of Service

i. CTS-to-CTS Communications and Section 95.861

19. Households receiving over-the-air television broadcasts are

provided interference protection from any component of a 218-219 MHz

Service system pursuant to Section 95.861 of the Commission's rules.

Specifically, under the rule, a 218-219 MHz Service licensee must: (1)

notify all households within its service area located within a TV

Channel 13 station Grade B predicted contour of the potential for

interference to television reception from the 218-219 MHz Service

system; (2) upon request, provide and install a filter, free of charge,

to any household within a TV Channel 13 station Grade B predicted

contour that experiences interference due to a component CTS or RTU;

and (3) investigate and eliminate interference to television

broadcasting and reception due to a component CTS or RTU within 30 days

of receipt of a written interference complaint, and if it fails to do

so, the CTS or RTU causing the interference must discontinue operation.

20. The Commission believes that its rules regarding 218-219 MHz

Service interference protection requirements are clear. The Commission

nonetheless reiterates its policy in response to NAB's request for

clarification that the fixed point-to-point direct CTS-to-CTS

communications authorized in the Mobility Report and Order are subject

to these general interference protection regulations. Specifically, all

transmissions related to the 218-219 MHz Service, including the CTS-to-

CTS communications now permitted under Sec. 95.805(b) of the

Commission's rules, are subject to the Sec. 95.861 general interference

protections described above.

2. Use of Public Switch Network (PSN) or Commercial Mobile Radio

Services (CMRS) for Internal Control Purposes

21. Under the Commission's current rules, mobile RTUs are

prohibited from interconnecting with the PSN or CMRS providers.

22. A licensee's use of the PSN or CMRS providers for internal

control purposes is not an ``interconnected service.'' Since the

Commission's rules do not limit the method by which a 218-219 MHz

Service licensee can configure internal control communications, the

Commission clarifies that the mobile RTU prohibition on interconnection

with the PSN or CMRS providers does not limit a 218-219 MHz Service

licensee's use of the PSN or CMRS for internal control purposes. This

clarification does not affect the current prohibition on PSN or CMRS

interconnection by mobile RTUs operated by 218-219 MHz Service

licensees. The Commission previously considered and rejected a

contention that the 218-219 MHz band should be developed primarily as

an interactive service for use in conjunction with the

[[Page 54077]]

broadcast industry. In doing so, the Commission reasoned that

consumers, through market forces, should determine the variety of uses

for this allocation, whether broadcast-related or otherwise.

ii. Annual Reviews

23. Finally, NAB requested that the Commission undertake annual

review of the services provided by 218-219 MHz Service licensees to

assure that licensees are not using their facilities for unintended

purposes or for services duplicative of services provided by other

licensed communications operators. This request is contrary to current

FCC policy, which allows the marketplace to develop efficient uses for

spectrum and encourages competition between varied communications

operators. The Commission believes that such a requirement would

constitute unnecessary and burdensome regulation on 218-219 MHz Service

licensees and places an undue burden on the agency. Further, such a

requirement is unprecedented for a personal radio service, and would

serve no regulatory purpose in light of the Commission's proposals

regarding permissible uses of this spectrum.

II. Ordering Clauses

24. Authority for issuance of this Order, and Memorandum Opinion

and Order is contained in Sections 4(i), 257, 303(b), 303(g), 303(r),

309(j), and 332(a) of the Communications Act of 1934, as amended, 47

U.S.C. 154(i), 257, 303(b), 303(g), 303(r), 309(j), and 332(a).

25. Accordingly, it is ordered that this Order, and Memorandum

Opinion and Order is adopted. It is further ordered that the

Commission's Office of Public Affairs, Reference Operations Division,

shall send a copy of this Order, and Memorandum Opinion and Order,

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

Business Administration.

26. It is further ordered that all references to ``Interactive

Video and Data Service'' in 47 CFR Parts 1, 2, 20, 95, and 97 are to be

removed and, in their place, the words ``218-219 MHz Service'' are to

be substituted. Pursuant to 47 CFR 0.331(d), the Commission hereby

instructs the Wireless Telecommunications Bureau to make conforming

edits to the Code of Federal Regulations consistent with this Ordering

Clause.

27. It is further ordered that the request of the Petitioners for

general waiver of Sec. 1.2110(f)(4) of the Commission's rules, as

amended by the Part 1 Third Report and Order, is denied. However, a

suspension of the application of Sec. 1.2110(f)(4)(i)-(iv), limited to

those 218-219 MHz Service licensees that have remitted adequate

installment payments as of March 16, 1998, will remain in effect

pending Commission resolution of the issues raised in the Notice of

Proposed Rulemaking in an initial Report and Order.

28. It is further ordered that all other payment relief requests

are denied to the extent that they are inconsistent with the actions

described above.

29. It is further ordered that, as described above, the petition

for reconsideration of the Mobility Report and Order, to the extent

that it is addressed in the Order is dismissed.

30. It is further ordered that, to the extent described above, the

Commission clarifies issues raised in a petition for partial

reconsideration and a request for clarification.

31. It is further ordered that the petition for partial

reconsideration is dismissed or denied in all other respects.

32. It is further ordered that WT Docket No. 95-47 is terminated.

List of Subjects

47 CFR Part 1

Administrative practice and procedure.

47 CFR Part 2

Communications equipment, Radio

47 CFR Part 20

Communications common carriers, Radio

47 CFR Parts 95 and 97

Radio.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

Rule Changes

Parts 1, 2, 20, 95, and 97 of Chapter I of Title of the Code of

Federal Regulations are amended as follows:

PART 1--PRACTICE AND PROCEDURE

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

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

155, 225 and 303(r).

2. All references to ``Interactive Video and Data Service,''

``Interactive Video and Data Service (IVDS)'', or ``IVDS'' are to be

removed and, in their place, the words ``218-219 MHz Service'' are to

be substituted.

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

RULES AND REGULATIONS

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

Authority: 47 U.S.C. 154, 302, 303, 307 and 336 unless otherwise

noted.

4. All references to ``Interactive Video and Data Service,''

``Interactive Video and Data Service (IVDS)'', or ``IVDS'' are to be

removed and, in their place, the words ``218-219 MHz Service'' are to

be substituted.

PART 20--COMMERCIAL MOBILE RADIO SERVICES

5. The authority citation for part 20 continues to read as follows:

Authority: Secs. 4, 251, 252, 303, and 332, 48 Stat. 1066, 1062,

as amended; 47 U.S.C. 154, 251, 252, 253, 254, 303, and 332, unless

otherwise noted.

6. All references to ``Interactive Video and Data Service,''

``Interactive Video and Data Service (IVDS)'', or ``IVDS'' are to be

removed and, in their place, the words ``218-219 MHz Service'' are to

be substituted.

PART 95--PERSONAL RADIO SERVICES

7. The authority citation for part 95 would continues to read as

follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303.

8. All references to ``Interactive Video and Data Service,''

``Interactive Video and Data Service (IVDS)'', or ``IVDS'' are to be

removed and, in their place, the words ``218-219 MHz Service'' are to

be substituted.

PART 97--AMATEUR RADIO SERVICES

9. The authority citation for part 97 continues to read as follows:

Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.

Interpret or apply 48 stat. 1064-1068, 1081-1105, as amended; 47

U.S.C. 151-155, 301-609, unless otherwise noted.

10. All references to ``Interactive Video and Data Service,''

``Interactive Video and Data Service (IVDS)'', or ``IVDS'' are to be

removed and, in their place, the words ``218-219 MHz Service'' are to

be substituted.

[FR Doc. 98-26991 Filed 10-7-98; 8:45 am]

BILLING CODE 6712-01-P