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This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).
FCC MAKES SPECTRUM AVAILABLE FOR NEW FIXED SATELLITE SERVICES AT KU-BAND; SEEKS COMMENT ON LICENSING NEW FIXED SERVICE AT 12 GHz
Washington, DC -- The Commission yesterday adopted a First Report and Order (First R&O) to permit non-geostationary satellite orbit (NGSO) fixed-satellite service (FSS) providers to operate in various segments of the Ku-band, and adopted rules and policies to govern these operations. NGSO FSS can provide a variety of new services to the public, such as high-speed Internet access, plus other types of high-speed data, video and telephony services. Because of its ability to serve large portions of the earthís surface, NGSO FSS can bring advanced services to rural areas. The Commission also adopted technical criteria so that NGSO FSS operations can share spectrum with incumbent services on a co-primary basis without causing unacceptable interference to them and without unduly constraining future growth of incumbent services or NGSO FSS system flexibility.
In the First R&O, the Commission concluded that a new terrestrial fixed Multichannel Video Distribution and Data Service (MVDDS) can operate in the 12.2-12.7 GHz band on a non-harmful interference basis with incumbent Broadcasting Satellite Services (BSS) and on a co-primary basis with the NGSO FSS. The Commission also adopted a Further Notice of Proposed Rulemaking (Further NPRM) seeking comment on technical and service rules for licensing the MVDDS. MVDDS could be used to deliver a wide array of video programming, including local television, and data services in both urban and rural areas.
The Commissionís actions provide for the introduction of new advanced services to the public, consistent with our obligations under section 706 of the 1996 Telecommunications Act, and promote increased competition among satellite and terrestrial services. The Commissionís actions also comply with the Rural Local Television Signals Act, federal legislation adopted last year as part of the 1999 Satellite Home Viewer Improvement Act (SHVIA). Among other things, this law requires the Commission to make a determination by November 29, 2000, regarding licenses or other authorizations for facilities that will utilize, for delivering local broadcast television signals to satellite television subscribers in unserved or underserved local television markets, spectrum otherwise allocated to commercial use.
The Commissionís action to provide spectrum for NGSO FSS operations was taken in response to a petition for rulemaking filed by SkyBridge L.L.C. (SkyBridge). The Commissionís decisions in the First R&O were promoted by actions taken at the 1997 World Radiocommunication Conference (WRC-97) which permitted NGSO FSS operations in various segments of the Ku-band and the 2000 World Radiocommunication Conference (WRC-2000) which reached consensus on technical sharing criteria between NGSO FSS and incumbent fixed satellite and fixed terrestrial operations.
The First R&O made the following major determinations regarding NGSO FSS:
In the First R&O, the Commission also concluded that a new fixed terrestrial service, MVDDS, can operate in the 12.2-12.7 GHz band under the existing fixed service allocation, i.e., on a non-harmful interference basis to incumbent Broadcasting Satellite Service (BSS), and on a co-primary basis to the new NGSO FSS. The Commission determined that it could establish technical criteria for MVDDS that would not impair the provision of BSS.
In the Further NPRM, the Commission proposes to authorize MVDDS in the 12.2-12.7 GHz band. The Commission seeks comment on various technical and service issues concerning authorizing MVDDS in the band, including the issues described below.
Action by the Commission November 29, 2000, by First Report and Order/Further Notice of Proposed Rulemaking (FCC 00-418). Chairman Kennard, Commissioners Ness, Powell and Tristani, with Commissioner Furchtgott-Roth approving in part and dissenting in part, and Commissioners Furchtgott-Roth and Tristani issuing separate statements.
ET Docket No. 98-206
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