Posting-number: Volume 65, Issue 119, Page 38333
[Federal Register: June 20, 2000 (Volume 65, Number 119)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 24, 25, 74, 78, 90 and 101
[WT Docket No. 00-19; RM-9418; FCC 00-33]
Point-to-Point and Point-to-Multipoint Common Carrier and Private
Operational Fixed Microwave Rules
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
SUMMARY: In this document, the Commission proposes to eliminate
regulations that are duplicative, outmoded, or otherwise unnecessary.
Similarly, the Commission proposes to consolidate and/or streamline
rules concerning wireless radio services to remove duplication. We seek
to further the work begun by the consolidation of parts 21 and 94 into
a single part 101 Order in our implementation of a Universal Licensing
System (ULS) for wireless application. The new consolidated part 101
reduces or eliminates the differences in processing applications from
common carriers and private operational fixed microwave service
licensees, and furthers regulatory parity between these microwave
Once fully deployed, the ULS will eliminate the need for wireless
carriers to file duplicative applications, and will increase the
accuracy and reliability of licensing information.
DATES: Comments are due July 20, 2000. Reply Comment August 4, 2000.
Comments to be filed in WT Docket No. 00-19 and RM-9418 only.
ADDRESSES: Send comments to the Office of the Secretary, a copy of any
comments on the information collection(s) contained herein should be
submitted to Judy Boley, Federal Communications Commission, Room 1-
C804, 445 12th Street, SW, Washington, DC 20554, or via the Internet to
FOR FURTHER INFORMATION CONTACT: Michael J. Pollak, Policy and Rules
Branch, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau at (202) 418-0680.
1. This is a summary of the Commission's Notice of Proposed Rule
Making, FCC 00-33 in WT Docket No. 00-19, adopted February 2, 2000, and
released on February 14, 2000. The full text of this Notice of Proposed
Rule Makingis available for inspection and copying during normal
business hours in the FCC Reference Center, Room CY-A257, 445 12th
Street, SW, Washington, DC. The complete text may be purchased from the
Commission's copy contractor, International Transcription Service,
Inc., 1231 20th Street, NW, Washington, DC 20037. The full text may
also be downloaded at: www.fcc.gov. /Bureaus/Wireless/Orders/2000/
FCC0033.doc/FCC0033.txt/FCC0033a.doc/FCC0033a.txt. Alternative formats
are available to persons with disabilities by contacting Martha Contee
at (202) 418-0260 or TTY (202) 418-2555.
Summary of the Notice of Proposed Rule Making
2. Specifically, we seek comment on the following issues:
<bullet> Grandfathering certain POFS licensees who formerly carried
private traffic now classified as common carrier traffic, or
eliminating the prohibition on POFS licensees offering common carrier
<bullet> Revising parts 74, 78, 90, and 101 for shared use of
certain frequency bands;
<bullet> Removing several unnecessary or redundant sections of the
rules concerning forms, notifications, and technical standards;
<bullet> Clarifying conditional operations in the four low power
frequency pairs in the 23 GHz band in Sec. 101.31(b)(vii);
<bullet> Updating the transmitter frequency tolerance table
inSec. 101.107, and correcting and clarifying other minor technical
<bullet> Allowing conditional operation in the 952.95-956.15 and
956.55-959.75 MHz bands.
3. We note that some of the proposed rule changes are procedural in
nature, and thus are exempt from notice and comment requirements
pursuant to section 553(b)(3)(A) of the Administrative Procedure Act.
However, as a result of the consolidation of parts 21 and 94, we
realize that the combination of common carrier and private microwave
rules and procedures requires a period of adjustment. We believe that
this approach will afford the public an opportunity to provide feedback
on how these adjustments are succeeding or failing.
4. We also address a Petition for Rulemaking filed by the
Telecommunications Industry Association (TIA). The TIA Petition focuses
on permitting conditional authorization in the 23 GHz band, making the
23 GHz band more accessible to fixed service users, and modifying
antenna standards for the 10 GHz and 23 GHz bands to allow for more
hops and longer paths. TIA also proposes rule changes to part 74,
Television Broadcast Auxiliary Service, to permit transport of digital
transmissions over point-to-point microwave frequencies in that
service. We seek comment on the following proposals regarding the 23
<bullet> Permitting conditional licensing;
<bullet> Rechannelizing the band into 50, 40, 30, 20, 10, 5, and
2.5 MHz channels;
<bullet> Permitting common carrier and POFS users to share the
<bullet> Changing the frequency tolerance to 0.001%;
<bullet> Requiring spectrum efficiency of one bit-per-second per
Hertz (1 bps/Hz);
<bullet> Designating 200 MHz for low power, limited coverage
<bullet> Modifying the antenna standards.
We also seek comment regarding modifying the antenna standards in
the 10 GHz band.
5. In addition, we seek comment regarding whether, and how, our
licensing approach in part 101 should be modified to implement the
Balanced Budget Act of 1997 (Balanced Budget Act). We seek input on the
best licensing structure to ensure that spectrum above the 2 GHz band
is licensed efficiently and used in the public interest, including the
following issues regarding whether we should substantially alter
microwave licensing above 2 GHz in light of the Balanced Budget Act:
We present several options for reinventing the licensing process
for part 101 spectrum consistent with our auction procedures.
<bullet> We request comment on how to segregate exempted spectrum
from the auctions process.
<bullet> We request comment on whether to require the licensees
where we use geographic licensing to develop agreements between each
other on how to utilize their spectrum, especially along the boundaries
between areas and/or where there is line-of-sight into another area, to
achieve the most efficient and effective use in each geographic area.
<bullet> We request comment about the possible technologies for
terrestrial microwave users concerning a new proposal for frequency
reuse in the 12.2.-12.7 GHz band.
<bullet> We request comment on whether it is appropriate to forbear
from enforcing any provision of the Communications Act of 1934, as
amended, or the Commission's rules with respect to part 101 services.
In addition, we issued a Notice of Proposed Rule Making seeking
comment on how to implement the Balanced Budget Act generally, but we
specifically address fixed microwave services in that proceeding. We
will consider the record in both proceedings in deciding whether or how
part 101 should be modified to conform to the Balanced Budget Act.
Initial Regulatory Flexibility Analysis
6. As required by Section 603 of the Regulatory Flexibility Act,
the Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the expected impact on small entities of the policies and
rules proposed in this Notice of Proposed Rule Making (Notice). Written
public comments are requested on the IRFA. Comments must be identified
as responses to the IRFA and must be filed by the deadlines for
comments on the Notice.
I. Need for and Objectives of the Proposed Rules
This rulemaking is being initiated to apply certain licensing and
service rules to new and existing fixed microwave licensees under part
101 of the Commission's rules for the purpose of streamlining
application preparation and processing time for the Commission and the
industry. Our objectives are (1) to clarify the existing rules so they
are easier to understand; (2) to facilitate the awarding of licenses to
entities in a quicker manner; and (3) to eliminate unnecessary
II. Legal Basis
The proposed action is authorized under the Administrative
Procedure Act, 5 U.S.C. 553; and sections 1, 4(i), 7, 301, 303, 308,
and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C.
151, 154(i), 157, 301, 303, 308, and 309(j).
III. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
The proposed rules would affect all common carrier and private
operational fixed microwave licensees who are authorized under part 101
of the Commission's rules. The Commission has not developed a
definition of small entities applicable to these licensees. Therefore,
the applicable definition of small entity is the definition under the
Small Business Administration (SBA) rules for the radiotelephone
industry, which provides that a small entity is a radiotelephone
company employing fewer than 1,500 persons. The 1992 Census of
Transportation, Communications, and Utilities, conducted by the Bureau
of the Census, which is the most recent information available, shows
that only 12 radiotelephone firms out of a total of 1,178 such firms
which operated during 1992 had 1,000 or more employees. It is our
understanding that these rule change will affect less than 1000
entities, but that the effect will be to lessen time and input and
thereby any costs associated with processing the applications. We seek
comment on this analysis. In providing such comment, commenters are
requested to provide information regarding how many total and small
business entities would be affected.
IV. Description of Projected Reporting, Recordkeeping, and Other
Under the proposals contained in the Notice, we are not changing or
are reducing the amount of reporting, recordkeeping, and other
compliance requirements. Applicants for licenses will be required to
submit applications on FCC Form 601 to the Wireless Telecommunications
Bureau as they do now. We request comment on how these requirements can
be modified to reduce the burden on small entities and still meet the
objectives of the proceeding.
V. Significant Alternatives Minimizing the Impact on Small Entities
Consistent With the Stated Objectives
We have reduced burdens wherever possible. The regulatory burdens
we have retained, such as filing applications on appropriate forms, are
necessary in order to ensure that the public receives the benefits of
new and existing services in a prompt and efficient manner. We will
continue to examine alternatives in the future with the objectives of
eliminating unnecessary regulations and minimizing and significant
economic impact on small entities. We seek comment on significant
alternatives commenters believe we should adopt.
Federal rules that overlap, duplicate, or conflict with these
proposed rules. None.
VI. Paperwork Reduction Analysis
This Notice of Proposed Rule Making contains either a proposed
information collection. As part of our continuing effort to reduce
paperwork burdens, we invite the general public and the Office of
Management and Budget (OMB) to take this opportunity to comment on the
information collections contained in this Notice, as required by the
Paperwork Reduction Act of 1995, Public Law No. 104-13. Public and
agency comments are due at the same time as other comments on this
Notice of Proposed Rule Making; OMB comments are due 60 days from the
date of publication of this Notice of Proposed Rule Making in the
Federal Register. Comments should address:
<bullet> Whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
<bullet> The accuracy of the Commission's burden estimates.
<bullet> Ways to enhance the quality, utility, and clarity of the
<bullet> Ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology.
7. The authority contained in sections 1, 4(i), 7, 301, 303, 308,
and 309(j) of the Communications Act of 1934, as amended, 47 U.S.C.
sections 151, 154(i), 157, 161, 301, 303, 308, 332(a), and 332(c), this
Notice of Proposed Rule Making in WT Docket No. 00-19 is adopted.
8. The Commission's Office of Public Affairs, Reference Operations
Division, shall send a copy of this Notice of Proposed Rule Making,
including the Initial Regulatory Flexibility Analyses, to the Chief
Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Parts 24, 25, 74, 78, 90 and 101
Communications equipment, Radio.
Federal Communications Commission.
Magalie Roman Salas,
[FR Doc. 00-14902 Filed 6-19-00; 8:45 am]
BILLING CODE 6712-01-P