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Amendment of the Commission's Rules To Improve Public Safety Communications in the 800 MHz Band, and to Consolidate the 800 MHz and 900 MHz Business and Industrial/Land Transportation Pool Channels
Nov 17, 2008 (Federal Government Documents and Publications/ContentWorks via COMTEX) --
SUMMARY: In this document, the Federal Communications Commission (Commission) retains the current site-based licensing paradigm for the 900 MHz B/ILT spectrum, and declines to adopt competitive bidding rules or geographic service areas for the licensing of 900 MHz B/ILT "white space;" adopts interference protection rules applicable to all licensees operating in the 900 MHz B/ILT spectrum; and lifts, on a rolling basis, the freeze placed on applications for new 900 MHz B/ILT licenses in September 2004, the lift being tied to the completion of rebanding in each 800 MHz National Public Safety Planning Advisory Committee (NPSPAC) region. The Commission takes these actions to balance the needs of incumbent 900 MHz B/ILT licensees and commercial providers that operate in the spectrum.
EFFECTIVE DATE: Effective December 17, 2008.
FOR FURTHER INFORMATION CONTACT: Michael Connelly, Michael.Connelly@FCC.gov, Mobility Division, Wireless Telecommunications Bureau, (202) 418-0620, or TTY (202) 418-7233. For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, contact Judith Boley at 202-418-0214, or via the Internet at PRA@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal Communications Commission's Report and Order (R&O), FCC 08-244, adopted October 9, 2008, and released October 22, 2008. The full text of the R&O is available for public inspection and copying during regular business hours at the FCC Reference Information Center, 445 12th St., SW., Room CY-A257, Washington, DC 20554. The complete text may be purchased from the Commission's duplicating contractor, Best Copying and Printing, Inc. (BCPI), 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 202-488-5300, facsimile 202-488-5563, or you may contact BCPI at its Web site: http://www.BCPIWEB.com. When ordering documents from BCPI, please provide the appropriate FCC document number, FCC 08-244, for the R&O. The R&O is also available on the Internet at the Commission's Web site through its Electronic Document Management System (EDOCS): http://hraunfoss.fcc.gov/edocs_public/SilverStream/Pages/edocs.html.
Paperwork Reduction Act of 1995 Analysis
The R&O does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, it does not contain any new or modified "information collection burden for small business concerns with fewer than 25 employees," pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
Synopsis of Report and Order
I. Background
1. In 1986, the Commission established a pool structure for the 900 MHz PLMR spectrum and allocated 2.5 MHz for the Industrial/Land Transportation Pool (99 channels) and 2.5 MHz for the Business Pool (100 channels) (collectively, the B/ILT Pools) at 51 FR 37398, Oct. 22, 1986. The B/ILT Pools were established for use by site-by-site licensees engaged in commercial activities, the operation of educational, philanthropic, or ecclesiastical institutions, clergy activities, or the operation of hospitals, clinics, or medical associations. In addition, eligibility was also provided for any corporations furnishing nonprofit radio communication service to its parent corporation or subsidiary. Currently, applications for use of the B/ILT frequencies are limited to private, internal use systems.
2. In its 800 MHz Report and Order (800 MHz R&O) at 69 FR 67823, Nov. 22, 2004, the Commission adopted significant technical and procedural measures designed to address the problem of interference to public safety communications in the 800 MHz band. As part of its reconfiguration plan at 800 MHz, the Commission consolidated the B/ILT Pools in the 800 MHz and 900 MHz bands, allowing any eligible B/ILT licensee to be licensed on the consolidated channels. The Commission also provided for additional flexibility in the 900 MHz band by allowing 900 MHz PLMR licensees to initiate CMRS operations on their currently authorized spectrum or to assign their authorizations to others for CMRS use. The Commission reasoned that since it permitted CMRS use of PLMR frequencies in the 800 MHz land mobile band, similar rules should apply in the 900 MHz land mobile spectrum, in the interest of regulatory symmetry. The Commission also noted that in order to provide the "green space" necessary to effect reconfiguration of the 800 MHz band, some operations may need to shift from the 800 MHz to 900 MHz band.
3. In September 2004, the Bureau issued a Public Notice freezing acceptance of applications for new 900 MHz B/ILT licenses until further notice. The Wireless Telecommunications Bureau (the Bureau) indicated that an exceptionally large number of applications for 900 MHz authorizations had been filed subsequent to the release of the 800 MHz R&O, which allowed 900 MHz B/ILT licensees to initiate commercial operations on their licensed spectrum or to assign their authorizations to others for commercial use. The Bureau noted its concern that additional such filings might compromise the ability to accommodate displaced systems while the 800 MHz band is reconfigured to abate unacceptable interference to public safety, critical infrastructure, and other "high site" 800 MHz systems. The Bureau determined that applications for modification of existing facilities, assignment of license, or transfer of control of a licensee would continue to be accepted, subject to applicable rules regarding eligibility, loading, and other requirements. In addition, applicants were advised that they might have recourse via the Commission's waiver provisions to request an exception to the freeze.
4. The Commission adopted a Notice of Proposed Rulemaking (NPRM) at 70 FR 13,143, March 18, 2005, in WT Docket 05-62 proposing to amend it's rules to facilitate more flexible use of the 900 MHz B/ILT band and to license any remaining spectrum in the band using a geographic area licensing scheme. The NPRM also sought comment on defining the rights of B/ILT licensees already operating on the 900 MHz B/ILT frequencies, and on using competitive bidding rules, in the event mutually exclusive applications were filed for the proposed 900 MHz geographic licenses. The Commission also reaffirmed the Bureau's freeze on new applications for 900 MHz B/ILT licenses, concluding that allowing the continued filing of applications for new 900 MHz B/ILT licenses during the rulemaking period might limit the effectiveness of the decisions ultimately made in WT Docket No. 05-62. In response to the NPRM, the Commission received 20 comments, ten reply comments, and numerous ex parte filings.
II. Discussion
A. Retention of Site-Based Licensing for 900 MHz B/ILT Channels
5. In the R&O, the Commission retained the current site-based licensing paradigm for new applications for 900 MHz B/ILT licenses, declining to adopt at this time the geographic area and competitive bidding licensing rules and policies proposed in the NPRM. There, the Commission proposed service rules for 900 MHz B/ILT channels to provide licensees with the flexibility to employ the spectrum for any use permitted by the United States Table of Frequency Allocations contained in part 2 of our rules (i.e., fixed or mobile services). The Commission tentatively concluded to adopt a geographic area licensing scheme for the 900 MHz B/ILT spectrum because such an approach would be consistent with flexible use management principles, and requested comment on that tentative conclusion.
6. Some commenters supported competitive bidding and flexible use rules (including geographic area licensing) for all unlicensed 900 MHz B/ILT spectrum. For example, Nextel asserted that the existing 900 MHz B/ILT access rules are limiting, inefficient, and a gross underutilization of spectrum that, if unchanged, would impede the ability of the marketplace to respond to consumer demand. While conceding that there may be circumstances under which the Commission may need to "set aside" spectrum for particular uses in order to achieve important public interest goals, Nextel notes the Commission has in the past decade adopted flexible and competitive licensing policies to promote an innovative marketplace, and that auctioning all unused 900 MHz B/ILT spectrum will facilitate successful 800 MHz reconfiguration.
7. The majority of commenters opposed using competitive bidding to license the remaining 900 MHz B/ILT spectrum using geographic service areas, many of whom urge the Commission, if it were to conduct an auction, to set aside some portion of currently unlicensed 900 MHz B/ILT white space for traditional B/ILT use. For example, the Joint Commenters contended that auctioning all 900 MHz B/ILT white space was tantamount to a "complete loss" of the 900 MHz band for incumbent B/ILT licensees, and would "strand" incumbents at their existing capacity levels and service areas. The Joint Commenters questioned whether the public interest truly is best served by allocating all unencumbered spectrum for cell phones and utilizing spectrum auctions in light of the growth needs of traditional B/ILT licensees. In the event the Commission were to decide to auction and license all available 900 MHz B/ILT white space, the Joint Commenters urge the Commission to reserve some spectrum for continued site-based licensing under current eligibility requirements.
8. The Commission found that the record, as developed in the docket, supports retention of the current site-based licensing formula for the 900 MHz B/ILT spectrum, and therefore declined to adopt competitive bidding rules or geographic service areas to license 900 MHz B/ILT "white space." It was persuaded by the record that the dedicated spectrum allotted to B/ILT licensees at 900 MHz represents one of the few remaining opportunities for such licensees to obtain much-needed spectrum, noting geographic-based service area licensing in lieu of site-based licensing would do little in terms of meeting the needs of current and future 900 MHz B/ILT licensees, many of whom would be forced to acquire at auction more spectrum than what they actually need, or can afford, to ensure that they have adequate spectrum necessary for wireless telecommunications systems to support their operations. Even if a traditional 900 MHz B/ILT licensee determined that it was fiscally responsible to acquire a geographic-based license, the Commission remained concerned that portions of the acquired spectrum would remain unused and undervalued, precisely the result the Commission sought to avoid when it opened this proceeding.
--This is a summary of a Federal Register article originally published on the page number listed below--
Final rule.
CFR Part: "47 CFR Part 90"
Citation: "73 FR 67794"
Document Number: "WT Docket No. 05-62; WT Docket No. 02-55; FCC 08-244"
Federal Register Page Number: "67794"
"Rules and Regulations"
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