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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of Part 2 of the Commission's ) Rules to Allocate Additional Spectrum to the ) Inter-Satellite, Fixed, and Mobile Services ) ET Docket No. 99-261 and to Permit Unlicensed Devices to Use ) Certain Segments in the 50.2-50.4 GHz and ) 51.4-71.0 GHz Bands ) NOTICE OF PROPOSED RULE MAKING Adopted: July 16, 1999 Released: July 23, 1999 Comment Date: September 7, 1999 Reply Comment Date: September 22, 1999 By the Commission: I. INTRODUCTION 1. By this action, we propose to amend the United States Table of Frequency Allocations with respect to the 50.2-50.4 GHz and 51.4-71.0 GHz bands. The allocations proposed in this instant proceeding would provide additional spectrum to the inter-satellite service ("ISS") and to the fixed and mobile services while continuing to provide an acceptable environment for passive spaceborne sensor measurements of atmospheric temperature. Specifically, we propose: þ to provide a net gain of 900 megahertz of spectrum allocated on a primary basis for non- Government ISS by allocating the 65-71 GHz band to that service and by deleting non- Government ISS allocations from the 56.9-57.0 GHz and 59-64 GHz bands; þ to allocate the 64-65 GHz band to the Government ISS on a primary basis; þ to require that the existing Government and non-Government ISS allocations in the 54.25-56.90 GHz and 57.0-58.2 GHz bands and the existing Government ISS allocation in the 59.0-59.3 GHz band be used exclusively for geostationary satellite-to-geostationary satellite communications, subject to a power flux-density ("p.f.d.") limit designed to protect passive sensor operations; þ to provide a net gain of 2.27 gigahertz of spectrum allocated on a primary basis for Government and non-Government fixed and mobile services by allocating the 51.4-52.6 GHz, 58.2-59.0 GHz, and 64-65 GHz bands to these services, by deleting the unused fixed and mobile service allocations from the 50.2-50.4 GHz and 54.25-55.78 GHz bands, and by upgrading the allocation status of these services in the 65-66 GHz band from secondary to primary; þ to specify that the 57-59 GHz and 64-66 GHz bands will be available for use by Government and non-Government unlicensed devices; and þ to allocate the 59.0-59.3 GHz band to the Government and non-Government earth exploration- satellite (passive) and space research (passive) services and to delete unneeded passive sensor allocations from the 51.4-52.6 GHz and 64-65 GHz bands. 2. The above proposals are part of the Commission's continuing effort to facilitate the commercialization of "millimeter wave" spectrum, and are consistent with the international allocation changes that the United States sought and obtained for this frequency range at the 1997 World Radiocommunication Conference ("WRC-97"). Adoption of these proposals would allocate the spectrum that Government and non-Government satellite users require to interconnect their satellites within their respective networks. More specifically, the ISS proposals are expected to provide a wide range of fixed-satellite service ("FSS") and mobile-satellite service ("MSS") systems, including both geostationary orbit ("GSO") and non-geostationary orbit ("NGSO") systems, with the additional spectrum needed to complete their end-to-end communications service. For example, using the ISS allocations proposed herein, Ka-band FSS licensees could inter-link their broadband multimedia satellites, thereby permitting the provision of innovative high-speed Internet- like services on a regional and global basis. Our proposals also provide the spectrum that new licensed fixed and mobile services and unlicensed devices are anticipated to require. For example, Personal Communication Service ("PCS") and cellular licensees could use unlicensed spectrum in the 57-59 GHz frequency range to connect nearby base stations to one another, which would be especially useful in high-density urban areas. We tentatively find that these additional allocations can be made while, at the same time, ongoing passive sensor operations -- used to obtain weather and climate data in all weather conditions -- are fully protected. We also tentatively find that these proposals would further our efforts towards achieving the overarching goal of Section 706 of the Telecommunications Act of 1996, to "encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans . . . by utilizing . . . measures that promote competition in the local telecommunications market." II. BACKGROUND 3. The 50.2-50.4 GHz and 51.4-71.0 GHz bands are Government/non-Government shared spectrum, and the Government and non-Government allocations in these bands are identical. Currently, only Government inter-satellite and passive satellite services make use of this spectrum. Table 1, below, summarizes the current allocations. Table 1: Existing Allocations (All allocations are primary except those that are listed as secondary) Band (GHz) Satellite Services and Radio Astronomy Terrestrial Services Comments 50.2-50.4 EESS (passive) Space Research (passive) Fixed Mobile EESS and space research do not receive protection from fixed and mobile services 51.40-54.25 EESS (passive) Space Research (passive) Radio Astronomy No station may transmit in this band 54.25-58.20 EESS (passive) Space Research (passive) ISS Fixed Mobile EESS and space research do not receive protection from fixed and mobile services; aeronautical mobile stations may not cause harmful interference to ISS 58.2-59.0 EESS (passive) Space Research (passive) Radio Astronomy No station may transmit in this band 59-64 ISS Fixed Mobile Radiolocation 59-64 GHz available for unlicensed devices; aeronautical mobile stations may not cause harmful interference to ISS; 61.0-61.5 GHz designated for ISM equipment 64-65 EESS (passive) Space Research (passive) Radio Astronomy No station may transmit in this band 65-66 EESS Space Research Fixed Mobile Fixed and mobile services are secondary 66-71 MSS Radionavigation-Satellite Mobile Radionavigation Land mobile stations will not cause harmful interference to space services; satellite links connecting land stations permitted if part of MSS or radionavigation-satellite systems 4. In May 1995, the National Telecommunications and Information Administration ("NTIA") of the U.S. Department of Commerce suggested allocation modifications to better accommodate existing Government and proposed non-Government satellite systems. Specifically, NTIA pointed out that Government agencies operate satellites in the 60 GHz region of the spectrum in the inter- satellite and passive satellite services (i.e., the earth exploration-satellite service (passive) and space research service (passive)) and that a non-Government satellite applicant had requested the use of spectrum in this frequency range for inter-satellite links. To assure acceptable operations among the Government services at 60 GHz and proposed non-Government inter-satellite links, NTIA urged the Commission to initiate a rulemaking to allocate the 65-71 GHz band to the Government and non- Government inter-satellite services. In addition, NTIA stated that, while the 54.25-58.20 GHz band is allocated to both the inter-satellite and space-based passive services, co-channel sharing between these services would be difficult, particularly in cases involving inter-satellite links between low-earth orbiting ("LEO") satellites. 5. In July 1996, we adopted a band plan that enables GSO and NGSO FSS systems, feeder links for NGSO Mobile Satellite Service systems, and Local Multipoint Distribution Service ("LMDS") systems to operate in the Ka-band. We have subsequently licensed an NGSO FSS Ka- band system and 13 GSO FSS Ka-band systems. Nine of these licensees have requests pending for ISS spectrum that we have been unable to grant due to lack of spectrum allocated for this purpose. In June 1998, the Commission's International Bureau requested that the eight Ka-band licensees affected by the WRC-97 ISS decisions update their ISS spectrum requests in order to conform to these new international requirements. As requested, the eight Ka-band licensees updated their requests for ISS spectrum on October 9, 1998. In addition, there are on file pending applications for ISS spectrum from four applicants in the second Ka-band processing round, from one 2 GHz applicant, and from five applicants in the 40 GHz processing round. The amount of spectrum that pending applicants will have for ISS use will be determined in the licensing process. 6. In July 1997, the United States proposals for WRC-97 were adopted, including those for the 50.2-50.4 GHz and 51.4-71.0 GHz bands. The effect of the U.S. proposals for the 50.2-50.4 GHz and 51.4-71.0 GHz bands was to realign spectrum allocations in this region of the spectrum in a way that provides additional spectrum for the inter-satellite, fixed, and mobile services, while fully protecting existing and future spaceborne passive sensor operations. In November 1997, WRC-97 adopted the U.S. proposals for these bands with minor adjustments. In this instant proceeding, we are proposing to adopt these WRC-97 allocation decisions domestically. 7. During that same period, we adopted in October 1997 licensing qualification requirements and service rules for a new generation of FSS systems in the Ka-band. In that order, we observed that many system proponents in the Ka-band had requested the use of ISS frequencies to interconnect satellites within their respective networks. Specially, we stated: The 54.25-58.2 GHz band is allocated domestically and internationally on a co- primary basis to the earth exploration-satellite service ("EESS") (passive), fixed, mobile, space research (passive) and inter-satellite services. Use of these bands is shared on a co-equal basis between U.S. Government and non-Government operations. Studies carried out in the ITU-Radiocommunication Sector have determined that NGSO ISS operations in this band would cause unacceptable interference into the EESS. Thus, non-Government NGSO ISS operations will not be permitted in this band. Studies have also shown that GSO ISS operations are feasible in this band provided that a power flux density limit is met at all altitudes from 0 to 1000 km to protect passive NGSO satellite system operations. The appropriate power flux-density ("pfd") limit has been the subject of study within the ITU Radiocommunication Sector and will be finalized at WRC-97. Further, the U.S. Government has existing and planned ISS systems in the 56.9-57 GHz band segment. All GSO FSS inter-satellite link operations in the 54.25-58.2 GHz band would be required to coordinate with U.S. Government systems through the FAS [Frequency Assignment Subcommittee]. At this time, however, we do not know the number of commercial GSO ISS systems that can simultaneously operate in this band, nor do we know whether all of the GSO FSS licensees requesting spectrum for ISS operations can be accommodated in 54.25-58.2 GHz. Any GSO inter-satellite link operation in the bands would be subject to coordination with U.S. Government operations in the band and subject to the pfd limit that is to be determined at WRC-97. Finally, other licensees propose to use the 59-64 GHz band for inter-satellite links. This band is allocated domestically and internationally on a co-primary basis to the inter-satellite service, the fixed service, the mobile service, and the radiolocation service. Use of these bands is also shared on a co-equal basis between Government and non-Government operations. There appear to be significant interference problems associated with potential non-Government GSO and NGSO operations and Government operations at 59-64 GHz. 8. In May 1998, NTIA requested that the Commission initiate a rulemaking to implement the WRC-97 Final Acts with respect to the 50.2-71.0 GHz bands. In its letter to the Commission, NTIA observed that WRC-97 modified the International Table of Frequency Allocations in the frequency range 50.2-71.0 GHz consistent with U.S. proposals to the conference. Based on the outcome of WRC-97 and pressing U.S. Government and non-Government requirements, we initiate this rulemaking in order to respond to Government and commercial needs in this frequency range. III. DISCUSSION A. Inter-Satellite Service 9. We propose, in accordance with international allocation decisions taken at WRC-97, to allocate the 64-71 GHz band to the ISS domestically. We tentatively find that the feasibility of ISS and existing services sharing the 64-71 GHz band has been clearly shown by various studies. At the request of NTIA, we further propose to delete the non-Government ISS allocation from the 56.9-57.0 GHz and 59-64 GHz bands and to allocate the 64-65 GHz segment for exclusive Government ISS use and the 65-71 GHz segment for exclusive non-Government ISS use. This domestic allocation split addresses two concerns. First, there is a well-established and pressing demand for commercial inter-satellite link spectrum, which we believe necessitates a substantial ISS allocation that can be used by all commercial satellite systems. Furthermore, although commercial systems have requested spectrum below 65 GHz, NTIA asserts that Federal Government ISS operations in the 59-64 GHz band are not compatible with proposed commercial ISS uses of this band. Second, an allocation at 64-65 GHz for Government only use would compensate Federal users for the loss of flexibility in the 59-64 GHz ISS band that will occur as a result of the WRC-97 decision to limit the use of the 59.0- 59.3 GHz band to geostationary satellite-to-geostationary satellite communications. The net result of these proposals is that commercial satellite operators would have exclusive use of 6 gigahertz of primary ISS spectrum at 65-71 GHz and Federal agencies would have exclusive use of 6.1 gigahertz of primary ISS spectrum at 56.9-57.0 GHz and 59-65 GHz. We observe that the shared and commercial exclusive ISS spectrum could be used, for example, by Ka-band licensees for satellite-to- satellite communications, making their systems more efficient and enabling them to provide some of the advanced telecommunications capabilities that Section 706 of the Communications Act envisions. 10. We also propose to adopt international footnote S5.556A domestically. This footnote limits use of the 54.25-56.90 GHz, 57.0-58.2 GHz, and 59.0-59.3 GHz ISS bands to GSO satellite transmissions that comply with a maximum p.f.d. limit at altitudes of 1000 kilometers (approximately 621.4 miles) or less above the Earth's surface of -147 dBW per square meter per 100 megahertz for all angles of arrival. This proposal reflects the results of studies that have shown these technical restrictions to be necessary to prevent ISS transmissions in these bands from causing harmful interference to passive sensor reception in the 54.25-58.20 GHz band. We tentatively find that, although adoption of footnote S5.556A explicitly precludes NGSO networks from accessing this 4.15 gigahertz of ISS spectrum, the 6 gigahertz we are proposing to allocate at 65-71 GHz for exclusive commercial use is sufficient to accommodate all pending requests by NGSO licensees for ISS spectrum. We request comment on this tentative conclusion. 11. With regard to the 56.9-57.0 GHz band, we observe that WRC-97 limited ISS use of this spectrum through footnote S5.558A, which permits only GSO inter-satellite links and transmissions from NGSO satellites in high-Earth orbit to those in low-Earth orbit. However, Federal agencies, which currently operate in the band, have determined that these restrictions must be loosened slightly by also permitting transmissions between satellites in geostationary orbit and those in high-Earth orbit and between satellites in geostationary orbit and those in low-Earth orbit. Since we have previously proposed that the use of the ISS allocation in the 56.9-57.0 GHz band be limited exclusively to Federal agencies, this expanded use would be authorized under a new Government footnote. We request comment on all of the above proposals. Table 2, below, summarizes the spectrum that would be available for ISS use if these proposals are adopted. Table 2: ISS Overview ISS Band ISS Availability Comments 54.25-56.90 GHz Federal Government and Commercial GSO with p.f.d. limit 56.9-57.0 GHz Federal Government only Footnote Gxxx 57.0-58.2 GHz Federal Government and Commercial GSO with p.f.d. limit 59-65 GHz Federal Government only GSO with p.f.d. limit in the 59.0-59.3 GHz segment; GSO and NGSO in the 59.3-65.0 GHz segment 65-71 GHz Commercial only GSO and NGSO B. Fixed and Mobile Services/Unlicensed Devices 12. We propose to allocate the 51.4-52.6 GHz and 58.2-59.0 GHz bands to Government and non-Government fixed and mobile services on a primary basis. We also propose to make the 64- 66 GHz band available to the Government and non-Government fixed and mobile (except aeronautical mobile) services on a primary basis by allocating the 64-65 GHz segment for these purposes and by upgrading the status of the secondary fixed and mobile services in the 65-66 GHz segment. In order to protect ongoing passive sensor reception in the 50.2-50.4 GHz and 54.25- 55.78 GHz bands from future disruption, we propose to delete the unused Government and non- Government fixed and mobile service allocations from these bands. We also propose to delete the requirement that aeronautical mobile station transmissions not cause harmful interference to ISS operations in the 54.25-55.78 band and to add this requirement in the 66-71 GHz band. Finally, we observe that any future land mobile services in the 66-71 GHz band will be required to protect the new non-Government ISS service -- as well as the existing space radiocommunication services -- from harmful interference. 13. These fixed and mobile service proposals have been enabled by: (1) NTIA's finding that the 51.4-52.6 GHz and 64-65 GHz bands are no longer required for Government passive sensor operations, and (2) ITU-R studies that have shown that passive sensors can share with fixed and mobile services at frequencies above 55.78 GHz due to the high atmospheric attenuation that exists. These studies found that, at lower frequencies, undesirable constraints would be required on the fixed and mobile services and the meteorological community would still receive interference that could effect weather forecasts and give false results to measurements of warming of the Earth. Thus, our related proposal to delete the fixed and mobile service allocations from the 50.2-50.4 GHz and 54.25- 55.78 GHz bands will provide exclusive spectrum for the measurement of atmospheric temperature using passive spaceborne sensors in bands where sharing with other services is not feasible. In sum, these proposals, if adopted, would result in a net gain of 2.27 gigahertz of primary spectrum for fixed and mobile services, while eliminating the need for constraints on the parameters of fixed and mobile systems since these services would not share allocations with the passive services below 55.78 GHz. We request comment on all of the above proposals. 14. We also observe that WRC-97 adopted new footnote S5.547, which makes the 51.4- 52.6 GHz, 55.78-59.00 GHz and 64-66 GHz bands "available for high-density applications in the fixed service" ("HDFS"). We request comment on whether footnote S5.547 should be adopted domestically, what the ramifications of such an action would be, and whether, in order to assure spectrum availability for HDFS, the bands should not be allocated to the mobile service. 15. Unlicensed Devices. In 1996, we made the 59-64 GHz band available for unlicensed devices under Part 15 of Commission's Rules. We observe that the 55.78-59 GHz and 64-66 GHz bands are adjacent to this unlicensed band, that both of these bands would, if our proposals are adopted, be allocated to the fixed and mobile services on a primary basis, and that, furthermore, both of these bands could be made available for use by HDFS. 16. We also observe that the European Radiocommunications Committee ("ERO") has adopted a Recommendation entitled "Radio Frequency Channel Arrangement for Fixed Services Operating in the Band 57.0-59.0 GHz Which Do Not Require Frequency Planning," but that this Recommendation has not yet been implemented. This Recommendation states, inter alia, "that the high frequency reuse achievable in the oxygen absorption band reduces the requirement for frequency planning techniques and offers the possibility of deregulated telecommunications environment within CEPT [the European Conference of Postal and Telecommunications Administrations] for various low power, low cost and short range radio-relays." In addition, it is our understanding that there are ongoing discussions in Europe concerning unlicensed broadband HDFS use of the 57-59 GHz band. We anticipate a similar need in the United States. Specifically, we believe that PCS, cellular, and other mobile service licensees will require unlicensed spectrum in the 57-59 GHz frequency range to connect nearby base stations to one another, especially in high-density urban areas, i.e., "hot spots." 17. We tentatively find that the 57-59 GHz and 64-66 GHz bands are well suited for use by unlicensed devices, and accordingly, we propose to make these bands available for use by unlicensed devices under Part 15 of Commission's Rules. We base this proposal on the propagation characteristics of the bands, and on the technical material previously presented by the Millimeter Wave Communications Working Group ("MWCWG") in the Above 40 GHz proceeding. We tentatively find that licensing is not necessary because of the limited potential for interference due to oxygen absorption and the narrow beamwidth of point-to-point antennas likely to be operating in this range. We also tentatively find that low-power unlicensed use of 57-59 GHz and 64-66 GHz bands is an ideal use of this Government/non-Government shared spectrum because this proposed use further reduces the chance of harmful interference to in-band sensors. We request comment on these proposals. We also request comment on whether the 55.78-57.00 GHz segment should be made available for use by unlicensed devices or whether this segment should be made available for licensed fixed and mobile services. 18. We are not proposing technical rules for unlicensed use of the 57-59 GHz and 64-66 GHz bands in this proceeding, except that operation in the 57-59 GHz band would not be permitted on aircraft or satellites. Instead, we intend to initiate a separate rulemaking to address appropriate technical rules. Nonetheless, we invite comment looking toward this further rulemaking on the technical rules needed for the spectrally efficient operation of unlicensed devices in these band. For example, should we simply employ the existing technical rules and etiquette from the 59-64 GHz band throughout an extended 57-66 GHz unlicensed band, or should we develop different technical rules for the 57-59 GHz and 64-66 GHz bands? If we adopt different technical rules, should either of the bands be channelized, and should the use of listen-before-transmit etiquette be required on all or some of these channels? 19. We request comment on all of the above proposals. Table 3, below, summarizes the spectrum that would be available for fixed and mobile services and unlicensed devices if these proposals are adopted. Table 3: Fixed and Mobile Services/Unlicensed Devices Overview Band Comments 51.4-52.6 GHz Allocated to the fixed and mobile services 55.78-57.00 GHz Allocated to the fixed and mobile services, with the aeronautical mobile service prohibited from causing harmful interference to ISS 57-59 GHz and 64-66 GHz Available for unlicensed fixed, land mobile, and maritime mobile devices 66-71 GHz Allocated to the mobile service, with the aeronautical mobile service prohibited from causing harmful interference to ISS, and the land mobile service prohibited from causing harmful interference to all in-band space radiocommunication services C. Passive Sensors 20. Satellite-borne passive microwave sensors are used to obtain atmospheric temperature profiles that are of utmost importance to weather forecasting and to climate studies, and these sensor measurements can only be obtained in the vicinity of unique molecular oxygen resonance frequencies located between 50 GHz and 70 GHz. WRC-97 allocated the 59.0-59.3 GHz band to the earth exploration-satellite (passive) and space research (passive) services on a primary basis and deleted unneeded earth exploration-satellite (passive) and space research (passive) service allocations from the 51.4-52.6 GHz and 64-65 GHz bands. WRC-97 also modified the text of footnote 907 (re- numbered as footnote S5.340) in order to delete the prohibition on emissions from the 51.40-54.25 GHz, 58.2-59.0 GHz, and 64-65 GHz bands and to add the prohibition on emissions to the 50.2-50.4 GHz and 52.60-54.25 GHz bands. In order to implement domestically the WRC-97 revision of footnote S5.340, NTIA requests that the text of footnote US246 be modified to reflect these international rule changes. Similarly, NTIA requests that the text of footnote US263 be modified to specify that passive sensor operations in the 56.26-58.20 GHz band (rather than the 50.2-50.4 GHz and 54.25-58.20 GHz bands) will not receive protection from fixed and mobile services operating in accordance with the Table of Frequency Allocations. We agree that these WRC-97 amendments and the consequential changes to United States footnotes adequately provide for passive sensor operations and therefore propose to implement these changes domestically. We request comment on all of the above proposals. Table 4, below, summarizes the net effect of our proposals in this instant proceeding on passive sensor operations. Table 4: Passive Sensor Overview Band Comments 50.2-50.4 GHz and 52.60-54.25 GHz Bands allocated exclusively for passive sensor use, except that radio astronomy observations may also be made in the 52.60-54.25 GHz band under national arrangements; no stations will be authorized to transmit in these bands 54.25-59.30 GHz Shared spectrum, including unlicensed devices in the 57-59 GHz segment; passive sensor reception in the 55.78-58.20 GHz segment will not be protected from fixed and mobile services operating in accordance with the U.S. Table of Allocations 65-66 GHz Shared spectrum, including unlicensed devices D. Other Matters 21. Internationally, radio astronomy observations may be carried out under national arrangements in the 51.40-54.25 GHz, 58.2-59.0 GHz, and 64-65 GHz bands per footnote 906 (revised and re-numbered as footnote S5.556). In the United States, these bands are allocated to the Government and non-Government radio astronomy ("RA") service on a primary basis. Recently, the coordinator for Task 2 of ITU-R Joint Rapporteurs Group 7D-9D stated that: there is no known usage of [the 51.4-52.6 GHz, 55.78-59.00 GHz, and 64-66 GHz bands] by the RA community (potentially due to atmospheric absorption) and no studies on potential sharing have been done to date. Even if radio astronomical use were to develop, there should not be any problems with radio astronomy stations sharing [these] band[s] with HDFS since RA use of these bands must already be coordinated with the fixed service within individual Administrations. Therefore, sharing between HDFS and RA is a domestic issue. NTIA requests that the radio astronomy service allocation be deleted from the 51.40-54.25 GHz and 64-65 GHz bands and that international footnote S5.556 be added to these bands. NTIA did not propose any change to the radio astronomy service allocation at 58.2-59.0 GHz. We tentatively find that radio astronomy use of the 51.40-54.25 GHz and 64-65 GHz bands is a domestic issue that is best authorized under a national arrangement. Accordingly, we propose to delete radio astronomy service allocation from the 51.40-54.25 GHz and 64-65 GHz bands and to add international footnote S5.556 to these bands. We solicit comment on these proposals and on the specifics of such national arrangements. For example, should RA observatories that may need protection in the future be listed in a US footnote? 22. Finally, we propose to correct a typographical error in the Allocation Table by adding a reference to footnote S5.559 in the 59-64 GHz band. This reference has inadvertently been dropped from the Table. IV. PROCEDURAL INFORMATION 23. Initial Regulatory Flexibility Analysis. Section 603 of the Regulatory Flexibility Act, as amended, requires that the Commission prepare an Initial Regulatory Flexibility Analysis in notice and comment rulemaking proceedings, unless we certify that "the rule will not, if promulgated, have a significant economic impact on a significant number of small entities." In this Notice of Proposed Rule Making, we propose, inter alia, to reallocate spectrum that will result in net gain of 2.27 gigahertz of primary spectrum for fixed and mobile services, and to also designate 4 gigahertz of spectrum at 57-59 GHz and 64-66 GHz for unlicensed devices. We believe that this net increase in fixed and mobile spectrum and the designation of new unlicensed bands will provide new opportunities for small entities, without any known harmful effects. Accordingly, we hereby certify that the proposed reallocations will not, if promulgated, have significant economic impact on a significant number of small entities. The Secretary shall send a copy of this Notice of Proposed Rule Making, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration in accordance with Section 603(a) of the Regulatory Flexibility Act, 5 U.S.C.  603(a). 24. Ex Parte Rules -- Permit-But-Disclose Proceedings. This is a permit-but-disclose notice and comment rule making proceeding. Ex parte presentations are permitted, except during any Sunshine Agenda period, provided they are disclosed as provided in the Commission's rules. See generally 47 C.F.R. Sections 1.1202(a), 1.1203, and 1.1206. 25. Authority. This action is taken pursuant to Sections 4(i), 7(a), 303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 157(a), 303(c), 303(f), 303(g), and 303(r). 26. Comment. Pursuant to applicable procedures set forth in Sections 1.415 and 1.419 of the Commission's Rules, interested parties may file comments on or before September 7, 1999, and reply comments on or before September 22, 1999. All relevant and timely comments will be considered by the Commission before final action is taken in this proceeding. To file formally in this proceeding, participants must file an original and four copies of all comments, reply comments, and supporting comments. If participants want each Commissioner to receive a personal copy of their comments, an original plus nine comments must be filed. Comments and reply comments should be sent to Office of Secretary, Federal Communications Commission, 445 12th Street, SW, Washington, DC 20554. Comments and reply comments will be available for public inspection during regular business in the FCC Reference Center (Room TW-A306), 445 12th Street, SW, Washington, DC 20554. 27. Additional Information. For further information concerning this rule making proceeding contact Tom Mooring at (202) 418-2450, internet: tmooring@fcc.gov, Office of Engineering and Technology, Federal Communications Commission, Washington, DC 20554. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Appendix A: Proposed Rules Part 2 of title 47 of the Code of Federal Regulations is proposed to be amended as follows: 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 existing entries for the 50.2-50.4 GHz and 51.4-71.0 GHz band. b. Add entries in numerical order for the 50.2-50.4 GHz and 51.4-71.0 GHz band. c. In the International Footnotes under heading I., add footnotes S5.138, S5.340, S5.547, S5.553, S5.554, S5.555A, S5.556, S5.556A, S5.556B, S5.557, S5.557A, S5.558, and S5.559. d. In the International Footnotes under heading II., remove footnote 911. e. Revise footnotes US246 and US263. f. Add footnote Gxxx.  2.106 Table of Frequency Allocations * * * * * International table United States table FCC use designators Region 1 -- allocation GHz Region 2 -- allocation GHz Region 3 -- allocation GHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation GHz (4) Allocation GHz (5) (6) (7) * * * * * * * 50.2 50.4 EARTH EXPLORATION-SATELLITE (passive) SPACE RESEARCH (passive) S5.340 S5.555A 50.2 50.4 EARTH EXPLORATION- SATELLITE (passive) SPACE RESEARCH (passive) S5.340 US246 50.2 50.4 EARTH EXPLORATION- SATELLITE (passive) SPACE RESEARCH (passive) S5.340 US246 * * * * * 51.4 52.6 FIXED MOBILE S5.547 S5.556 51.4 52.6 FIXED MOBILE S5.556 51.4 52.6 FIXED MOBILE S5.556 52.6 54.25 EARTH EXPLORATION-SATELLITE (passive) SPACE RESEARCH (passive) S5.340 S5.556 52.6 54.25 EARTH EXPLORATION- SATELLITE (passive) SPACE RESEARCH (passive) S5.556 US246 52.6 54.25 EARTH EXPLORATION- SATELLITE (passive) SPACE RESEARCH (passive) S5.556 US246 54.25 55.78 EARTH EXPLORATION-SATELLITE (passive) INTER-SATELLITE S5.556A SPACE RESEARCH (passive) S5.556B 54.25 55.78 EARTH EXPLORATION- SATELLITE (passive) INTER-SATELLITE S5.556A SPACE RESEARCH (passive) 54.25 55.78 EARTH EXPLORATION- SATELLITE (passive) INTER-SATELLITE S5.556A SPACE RESEARCH (passive) International table United States table FCC use designators Region 1 -- allocation GHz Region 2 -- allocation GHz Region 3 -- allocation GHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation GHz (4) Allocation GHz (5) (6) (7) 55.78 56.9 EARTH EXPLORATION-SATELLITE (passive) FIXED INTER-SATELLITE S5.556A MOBILE S5.558 SPACE RESEARCH (passive) S5.547 S5.557 55.78 56.9 EARTH EXPLORATION- SATELLITE (passive) FIXED INTER-SATELLITE S5.556A MOBILE S5.558 SPACE RESEARCH (passive) US263 55.78 56.9 EARTH EXPLORATION- SATELLITE (passive) FIXED INTER-SATELLITE S5.556A MOBILE S5.558 SPACE RESEARCH (passive) US263 56.9 57 EARTH EXPLORATION-SATELLITE (passive) FIXED INTER-SATELLITE S5.558A MOBILE S5.558 SPACE RESEARCH (passive) S5.547 S5.557 56.9 57 EARTH EXPLORATION- SATELLITE (passive) FIXED INTER-SATELLITE Gxxx MOBILE S5.558 SPACE RESEARCH (passive) US263 56.9 57 EARTH EXPLORATION- SATELLITE (passive) FIXED MOBILE S5.558 SPACE RESEARCH (passive) US263 57 58.2 EARTH EXPLORATION-SATELLITE (passive) FIXED INTER-SATELLITE S5.556A MOBILE S5.558 SPACE RESEARCH (passive) S5.547 S5.557 57 58.2 EARTH EXPLORATION- SATELLITE (passive) FIXED INTER-SATELLITE S5.556A MOBILE S5.558 SPACE RESEARCH (passive) US263 57 58.2 EARTH EXPLORATION- SATELLITE (passive) FIXED INTER-SATELLITE S5.556A MOBILE S5.558 SPACE RESEARCH (passive) US263 Radio Frequency Devices (15) International table United States table FCC use designators Region 1 -- allocation GHz Region 2 -- allocation GHz Region 3 -- allocation GHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation GHz (4) Allocation GHz (5) (6) (7) 58.2 59 EARTH EXPLORATION-SATELLITE (passive) FIXED MOBILE SPACE RESEARCH (passive) S5.547 S5.556 58.2 59 EARTH EXPLORATION- SATELLITE (passive) FIXED MOBILE RADIO ASTRONOMY SPACE RESEARCH (passive) 58.2 59 EARTH EXPLORATION- SATELLITE (passive) FIXED MOBILE RADIO ASTRONOMY SPACE RESEARCH (passive) Radio Frequency Devices (15) 59 59.3 EARTH EXPLORATION-SATELLITE (passive) FIXED INTER-SATELLITE S5.556A MOBILE S5.558 RADIOLOCATION S5.559 SPACE RESEARCH (passive) 59 59.3 EARTH EXPLORATION- SATELLITE (passive) FIXED INTER-SATELLITE S5.556A MOBILE S5.558 RADIOLOCATION S5.559 SPACE RESEARCH (passive) 59 59.3 EARTH EXPLORATION- SATELLITE (passive) FIXED MOBILE S5.558 RADIOLOCATION S5.559 SPACE RESEARCH (passive) Radio Frequency Devices (15) 59.3 64 FIXED INTER-SATELLITE MOBILE S5.558 RADIOLOCATION S5.559 S5.138 59.3 64 FIXED INTER-SATELLITE MOBILE S5.558 RADIOLOCATION S5.559 S5.138 59.3 64 FIXED MOBILE S5.558 RADIOLOCATION S5.559 S5.138 Radio Frequency Devices (15) 61.25 GHz + 250 MHz: In- dustrial, scientific, and medi- cal fre- quency International table United States table FCC use designators Region 1 -- allocation GHz Region 2 -- allocation GHz Region 3 -- allocation GHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation GHz (4) Allocation GHz (5) (6) (7) 64 65 FIXED INTER-SATELLITE MOBILE except aeronautical mobile S5.547 S5.556 64 65 FIXED INTER-SATELLITE MOBILE except aeronautical mobile S5.556 64 65 FIXED MOBILE except aeronautical mobile S5.556 Radio Frequency Devices (15) 65 66 EARTH EXPLORATION-SATELLITE FIXED INTER-SATELLITE MOBILE except aeronautical mobile SPACE RESEARCH S5.547 65 66 EARTH EXPLORATION- SATELLITE FIXED MOBILE except aeronautical mobile SPACE RESEARCH 65 66 EARTH EXPLORATION- SATELLITE FIXED INTER-SATELLITE MOBILE except aeronautical mobile SPACE RESEARCH Radio Frequency Devices (15) 66 71 INTER-SATELLITE MOBILE S5.553 S5.558 MOBILE-SATELLITE RADIONAVIGATION RADIONAVIGATION-SATELLITE S5.554 66 71 MOBILE S5.553 S5.558 MOBILE-SATELLITE RADIONAVIGATION RADIONAVIGATION- SATELLITE S5.554 66 71 INTER-SATELLITE MOBILE S5.553 S5.558 MOBILE-SATELLITE RADIONAVIGATION RADIONAVIGATION- SATELLITE S5.554 * * * * * * * INTERNATIONAL FOOTNOTES * * * * * I. New "S" Numbering Scheme. * * * * * S5.138 The following bands: 6765-6795 kHz (centre frequency 6780 kHz), 433.05-434.79 MHz (centre frequency 433.92 MHz) in Region 1 except in the countries mentioned in No. S5.280, 61-61.50 GHz (centre frequency 61.25 GHz), 122-123 GHz (centre frequency 122.5 GHz), and 244-246 GHz (centre frequency 245 GHz) are designated for industrial, scientific and medical (ISM) applications. The use of these frequency bands for ISM applications shall be subject to special authorization by the administration concerned, in agreement with other administrations whose radiocommunication services might be affected. In applying this provision, administrations shall have due regard to the latest relevant ITU-R Recommendations * * * * * S5.340 All emissions are prohibited in the following bands: 1400-1427 MHz, 2690-2700 MHz, except those provided for by Nos. S5.421 and S5.422, 10.68-10.7 GHz, except those provided for by No. S5.483, 15.35-15.4 GHz, except those provided for by No. S5.511, 23.6-24 GHz, 31.3-31.5 GHz, 31.5-31.8 GHz, in Region 2, 48.94-49.04 GHz, from airborne stations, 50.2-50.4 GHz, except those provided for by No. S5.555A, 52.6-54.25 GHz, 86-92 GHz, 105-116 GHz, 140.69-140.98 GHz, from airborne stations and from space stations in the space-to- Earth direction, 182-185 GHz, except those provided for by No. S5.563, 217-231 GHz. * * * * * S5.547 The bands 31.8-33.4 GHz, 51.4-52.6 GHz, 55.78-59 GHz and 64-66 GHz are available for high-density applications in the fixed service (see Resolution 726 (WRC-97)). * * * * * S5.553 In the bands 43.5-47 GHz, 66-71 GHz, 95-100 GHz, 134-142 GHz, 190-200 GHz and 252-265 GHz, stations in the land mobile service may be operated subject to not causing harmful interference to the space radiocommunication services to which these bands are allocated (see No. S5.43). S5.554 In the bands 43.5-47 GHz, 66-71 GHz, 95-100 GHz, 134-142 GHz, 190-200 GHz and 252-265 GHz, satellite links connecting land stations at specified fixed points are also authorized when used in conjunction with the mobile-satellite service or the radionavigation-satellite service. * * * * * S5.555A The band 50.2-50.4 GHz is also allocated, on a primary basis, to the fixed and mobile services until 1 July 2000. S5.556 In the bands 51.4-54.25 GHz, 58.2-59 GHz, 64-65 GHz, 72.77-72.91 GHz and 93.07- 93.27 GHz, radio astronomy observations may be carried out under national arrangements. S5.556A Use of the bands 54.25-56.9 GHz, 57-58.2 GHz and 59-59.3 GHz by the inter-satellite service is limited to satellites in the geostationary-satellite orbit. The single-entry power flux-density at all altitudes from 0 km to 1000 km above the Earth's surface produced by a station in the inter- satellite service, for all conditions and for all methods of modulation, shall not exceed -147 dB(W/m2/100 MHz) for all angles of arrival. S5.556B Additional allocation: in Japan, the band 54.25-55.78 GHz is also allocated to the mobile service on a primary basis for low-density use. S5.557 Additional allocation: in Japan, the band 55.78-58.2 GHz is also allocated to the radiolocation service on a primary basis. S5.558 In the bands 55.78-58.2 GHz, 59-64 GHz, 66-71 GHz, 116-134 GHz, 170-182 GHz and 185-190 GHz, stations in the aeronautical mobile service may be operated subject to not causing harmful interference to the inter-satellite service (see No. S5.43). S5.558A Use of the band 56.9-57 GHz by inter-satellite systems is limited to links between satellites in geostationary-satellite orbit and to transmissions from non-geostationary satellites in high- Earth orbit to those in low-Earth orbit. For links between satellites in the geostationary- satellite orbit, the single-entry power flux-density at all altitudes from 0 km to 1000 km above the Earth's surface, for all conditions and for all methods of modulation, shall not exceed -147 dB(W/m2/100 MHz) for all angles of arrival. S5.559 In the bands 59-64 GHz and 126-134 GHz, airborne radars in the radiolocation service may be operated subject to not causing harmful interference to the inter-satellite service (see No. S5.43). * * * * * UNITED STATES (US) FOOTNOTES * * * * * US246 No stations will be authorized to transmit in the bands 608-614 MHz, 1400-1427 MHz, 1660.5-1668.4 MHz, 2690-2700 MHz, 4990-5000 MHz, 10.68-10.70 GHz, 15.35-15.40 GHz, 23.6- 24.0 GHz, 31.3-31.8 GHz, 50.2-50.4 GHz, 52.6-54.25 GHz, 86-92 GHz, 100-102 GHz, 105-116 GHz, 164-168 GHz, 182-185 GHz and 217-231 GHz. * * * * * US263 In the frequency bands 21.2-21.4, 22.21-22.5, 36-37, 56.26-58.2, 116-126, 150-151, 174.5-176.5, 200-202 and 235-238 GHz, the space research and the earth exploration-satellite services shall not receive protection from the fixed and mobile services operating in accordance with the Table of Frequency Allocations. * * * * * GOVERNMENT (G) FOOTNOTES * * * * * Gxxx Use of the band 56.9-57 GHz by inter-satellite systems is limited to transmissions between satellites in geostationary orbit, to transmissions between satellites in geostationary satellite orbit and those in high-Earth orbit, to transmissions from satellites in geostationary satellite orbit to those in low-Earth orbit, and to transmissions from non-geostationary satellites in high-Earth orbit to those in low-Earth orbit. For links between satellites in the geostationary satellite orbit, the single entry power flux-density at all altitudes from 0 km to 1000 km above the Earth's surface, for all conditions and for all methods of modulation, shall not exceed -147 dB (W/m2/100 MHz) for all angles of arrival. * * * * * Appendix B: Demand for Commercial ISS Spectrum 1. On October 9, 1998, at the request of Commission staff, the following Ka-band licensees submitted revised requests for specific ISS bands: Table 1: ISS Spectrum Requested by Ka-band Licensees Licensee ISS Band(s) Requested Comm, Inc. 65-71 GHz GE Americom 54.25-55.00 GHz, 55.25-55.50 GHz, 57.00-57.25 GHz, and 57.50-58.25 GHz Hughes 54.25-58.20 GHz and 65-71 GHz KaStar 65-71 GHz Lockheed Martin 54.25-54.85 GHz, 55.925-56.525 GHz, and 57.6-58.2 GHz Loral 65-66, 67.5-68.5, and 70-71 GHz PanAmSat 54-58 and 65-71 GHz Teledesic 65-71 GHz 2. We also have pending applications on file for ISS spectrum from four applicants in the second Ka-band processing round, from one 2 GHz applicant, and from five applicants in the 40 GHz processing round: Table 2: ISS Spectrum Requested by Second Round Ka-Band Applicants Applicant ISS Band(s) Requested Directcom Networks, Inc. 54.25-58.20 GHz or 65-71 GHz Lockheed Martin 54.25-58.20 GHz or 65-71 GHz PanAmSat 22.55-23.55 GHz, 32-33 GHz, 54.25-58.20 GHz, and 65-71 GHz Pegasus Development Corporation 50-70 GHz Table 3: ISS Spectrum Requested by 2 GHz Applicant Applicant ISS Band(s) Requested Globalstar, L.P. 59-64 GHz Table 4: ISS Spectrum Requested by 40 GHz Applicants Applicant ISS Band(s) Requested Lockheed Martin 54.25-58.20 GHz, 59-64 GHz, or 65-71 GHz Loral 54.25-58.20 GHz or 59-64 GHz Motorola 59-64 GHz and 65-71 GHz Orbital Sciences 65-71 GHz PanAmSat 22.50-23.55 GHz, 32-33 GHz, 54.25-58.20 GHz, and 59-64 GHz The 40 GHz applicants filed the above applications for ISS spectrum prior to WRC-97. The International Bureau expects to issue a public notice requesting, inter alia, that the 40 GHz applicants file conforming amendments to their applications to bring their spectrum requests up to date.