Text | WordPerfect

fcclogo NEWS

Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
News media information 202 / 418-0500
Fax-On-Demand 202 / 418-2830
Internet: http://www.fcc.gov
TTY: 202/418-2555

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).

July 14, 1999

News Media contact:
Meribeth McCarrick at (202) 418-0654

Action Brings Commission Closer to Auction of 39 GHz Spectrum

Today, the Federal Communications Commission revisited and generally affirmed the licensing and service rules previously adopted for the 38.6-40.0 (39 GHz) spectrum band. Since the FCC began licensing spectrum in the 39 GHz band in the 1970's technological advancements and regulatory flexibility have increased interest in the spectrum by entrepreneurs. In particular, 39 GHz band service providers are utilizing the spectrum for a variety of wireless services such as local, long distance, high speed data, and Internet access information services. The item adopted today represents the last step in the rulemaking process that the FCC must take before auctioning 39 GHz spectrum.

Specifics of Today's Action:

Today's action addresses various petitions for reconsideration filed in response to a January 1997 Memorandum Opinion and Order and a November 1997 Report and Order and Second Notice of Proposed Rulemaking. The FCC revisits the 39 GHz band service areas, channelization plan, disposition of pending applications, and other licensing matters for 39 GHz licensees. The FCC also dismisses as moot an Emergency Request for Stay filed in connection with one of the petitions for reconsideration. Specifically, the FCC today:

  • Affirms the dismissal, without prejudice, of all pending mutually exclusive 39 GHz applications where mutual exclusivity was not resolved by December 15, 1995; all major modification applications and amendments filed on or after November 13, 1995; all amendments to resolve mutual exclusivity filed on or after December 15, 1995; and all 39 GHz applications that did not meet the 30-day public notice requirement as of November 13, 1995.

  • Decides to process all 39 GHz applications that were not mutually exclusive with previously filed applications as of December 15, 1995, that conform in all aspects to FCC rules and all associated amendments of right filed before December 15, 1995, where such applications have satisfied the 30-day public notice requirement, even if they have not been subject to the full 60-day window during which competing mutually exclusive applications may be filed.

  • Reconsiders the service area definitions for the 39 GHz band and decides to license all channel blocks in the 39 GHz band using Economic Areas (EAs).

  • Retains the channelization plan set forth in the Report and Order and Second NPRM. Consistent with the new Part 1 rules governing applications for license renewal, licensees seeking renewal of station authorizations must file applications no later than the expiration date of the authorization for which renewal is sought, and no sooner than 90 days prior to the date of license expiration.

  • Determines that consistent with the Part 1 competitive bidding provision, unjust enrichment payments for 39 GHz licensees that obtain a bidding credit at auction, and subsequently partition or disaggregate to an entity that would not have qualified for such a credit, will be calculated on a pro rata basis, using population to determine the relative value of the partitioned area, the amount of spectrum disaggregated to determine the relative value of the disaggregated spectrum, and some combination thereof for combined partitioning and disaggregation.

Action by the Commission on July 14, 1999 by Memorandum, Opinion, and Order (FCC 99-179). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell and Tristani.

News Media Contact: Meribeth McCarrick at (202) 418-0654; TTY at (202) 418-7233
Wireless Telecommunications Bureau contact: Jennifer Burton at (202) 418-0680 (Public Safety and Private Wireless Division); TTY at (202) 418-7233

ET Docket No. 95-183
PP Docket No. 93-253
WT Report No. 99-21

- FCC -