[Federal Register Volume 62, Number 87 (Tuesday, May 6, 1997)]
[Rules and Regulations]
[Pages 24576-24583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11768]


=======================================================================
-----------------------------------------------------------------------

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.

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

[[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.
---------------------------------------------------------------------------

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

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

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

    \3\ Id. at para. 3.
---------------------------------------------------------------------------

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

    \4\ Id. at para. 2.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \7\ Id.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \9\ Id. at para. 79.
---------------------------------------------------------------------------

    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. 
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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    
----------------------------------------------------------------------------------------------------------------
                                                         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)           
----------------------------------------------------------------------------------------------------------------
        *                  *                 *               *              *             *              *      
----------------------------------------------------------------------------------------------------------------
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                                     
----------------------------------------------------------------------------------------------------------------
        *                  *                 *               *              *             *              *      
----------------------------------------------------------------------------------------------------------------
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