*Pages 1--10 from Microsoft Word - 40411* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 04- 1493 Released: May 26, 2004 WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES LICENSING AND INTERIM LINK REGISTRATION PROCESS, INCLUDING START DATE FOR FILING APPLICATIONS FOR NON- EXCLUSIVE NATIONWIDE LICENSES IN THE 71- 76 GHz, 81- 86 GHz, AND 92– 95 GHz BANDS By this Public Notice, the Wireless Telecommunications Bureau (“ WTB” or “Bureau”) announces the details of the licensing and link registration process for the 71- 76, 81- 86, 92- 94.0 and 94.1- 95 GHz bands. 1 The Bureau also announces June 21, 2004, as start date for filing applications for non- exclusive nationwide licenses and July 19, 2004, as the start date for licensees to register individual links under an interim link registration process. I. BACKGROUND On October 16, 2003, the Commission adopted a Report and Order establishing service rules to promote non- Federal Government development and use of the “millimeter wave” spectrum in the 71- 76 GHz, 81- 86 GHz and 92- 95 GHz bands 2 on a shared basis with Federal Government operations. 3 These bands are essentially undeveloped and available for use in a broad range of new products and services, including high- speed, point- to- point wireless local area networks and broadband Internet access. 4 Highly directional, “pencil- beam” signal characteristics permit systems in these bands to be engineered in close proximity to one another without causing interference. Thus, the Commission adopted a flexible and innovative regulatory framework for the 71- 95 GHz bands that would not require traditional frequency coordination among non- Federal Government users. Under this approach, the Commission will issue an unlimited number of non- exclusive nationwide licenses to non- Federal Government entities for the 1 In a Report and Order released November 4, 2003 (adopted October 16, 2003), the Commission adopted rules for both unlicensed (Part 15) and licensed (Part 101) use of portions of these bands. Allocations and Service Rules for the 71- 76 GHz, 81- 86 GHz and 92- 95 GHz Bands, WT Docket No. 02- 146, Report and Order, 18 FCC Rcd 23318 (2003) (Report and Order) (recon. pending). The instant Public Notice concerns licensed use of the bands, which involves all of the bands except for 100 megahertz of spectrum at 94.0- 94. 1 GHz. For convenience only, we refer to the licensed spectrum herein as “the bands,” “the Millimeter Wave 70/ 80/ 90 GHz Radio Service,” or “the 71- 95 GHz bands”; such references do not include 94. 0- 94. 1 GHz. See note 5, infra. 2 On February 23, 2004, The Wireless Communications Association International, Inc. filed a petition for reconsideration of certain aspects of the Report and Order. That petition will be handled by separate order, and the issuance of this Public Notice is not intended to prejudge or resolve any of the issues raised by the petitioner. 3 In the context of spectrum management, “Federal Government” refers to use by the Federal Government and “non- Federal Government” refers to use by private entities and state and local governments. See Report and Order, 18 FCC Rcd at 23319 n. 3. 1 2 12.9 gigahertz of spectrum allocated for commercial use. 5 These licenses will serve as a prerequisite for registering individual point- to- point links. The 71- 95 GHz bands are allocated on a shared basis with Federal Government users. Therefore, a licensee will not be authorized to operate a link under its non-exclusive nationwide license until the link is both (1) coordinated with the National Telecommunications and Information Administration (NTIA) with respect to Federal Government operations and (2) registered as an approved link with the FCC (interim process) or third- party Database Manager (permanent process). 6 NTIA coordination. NTIA is developing an automated coordination mechanism that will allow non- Federal Government users and independent database managers (Database Managers) selected by the FCC 7 to use an Internet site to determine whether a given non- Federal Government link has any potential conflict with Federal Government users. 8 However, until that database is operational, NTIA coordination will occur using the existing process: licensees will file link registrations on the FCC’s Universal Licensing System (ULS), which the FCC will refer to NTIA’s Interdepartment Radio Advisory Committee (IRAC) Frequency Assignment Subcommittee. Once NTIA’s Web- based system is operational, it is anticipated that Database Managers will supply the necessary information directly to NTIA for frequency interference coordination with Federal Government entities. The automation is designed to streamline the administrative process for non- Federal Government users in the bands. 9 Link registration through ULS and Database Managers. Until the Commission selects Database Managers, licensees will register links through ULS. Thereafter, licensees will register links with Database Managers, who will develop and maintain a non- FCC database of link registrations to assist parties in planning new links to avoid interference. 10 In the event of an interference dispute, rights with regard to specific links will be established based on the date and time of link registration. In the Report and Order, the Commission explained that the licensing and link registration process would be detailed in subsequent public notices. 11 Accordingly, the non- exclusive nationwide licensing process, the interim link registration process and general provisions for the permanent link registration process are set forth herein. 4 For a brief description of important propagation characteristics of these frequency bands and their potential uses, see Allocations and Service Rules for the 71- 76 GHz, 81- 86 GHz and 92- 95 GHz Bands, WT Docket No. 02- 146, Notice of Proposed Rule Making, 17 FCC Rcd 12182, 12185- 87 (2002). 5 The 71- 76 GHz, 81- 86 GHz and 92- 95 GHz bands are allocated to both Federal Government and non- Federal Government users on a co- primary basis, except the 94. 0- 94. 1 GHz portion, which is allocated for exclusive Federal Government use. See generally Report and Order, 18 FCC Rcd at 23322- 31. 6 See, e. g., 47 C. F. R. §§ 101.147( z) (sites may not operate until NTIA approval is received); 101.511 (authorization will be granted upon proper application filing and link coordination in accordance with the Commission’s rules); 101. 1523 (sharing and coordination among non- Federal Government licensees and between non- Federal Government licensees and Federal Government services). 7 See Public Notice, DA 04- 672 (WT Docket No. 02- 146) released March 12, 2004 (Database Manager PN). 8 See Notice, Establishment of a Frequency Assignment Coordination Web Site, National Telecommunications and Information Administration, 68 FR 74218 (Dec. 23, 2003). In the interim, NTIA has made available a web site which will provide information regarding the status of applications in the 71- 95 GHz bands that have been submitted to NTIA for coordination. See http:// ntiacsd. ntia. doc. gov/ webcoord/ status. cfm. 9 See id. The classified nature of some Federal Government operations precludes the use of a public database containing both Federal Government and non- Federal Government links. See Report and Order, 18 FCC Rcd at 23340 ¶ 48. 10 The Database Managers will assist in resolution of interference disputes using the interference protection dates of the affected parties. (See Database Manager PN for more complete details of the responsibilities of the Database Managers.) If unsatisfied with the outcome of that process, and after 30 days have passed, a licensee may seek Commission assistance in resolution of the dispute. Report and Order at ¶ 58. 11 Report and Order at ¶ 59. See also 47 C. F. R. § 101. 1523( b). 2 3 II. NON- EXCLUSIVE NATIONWIDE LICENSE A license for the Millimeter Wave 70/ 80/ 90 GHz Radio Service will consist of a non- exclusive nationwide license, combined with site- based links obtained through a link registration process. All interested parties must have a non- exclusive nationwide license prior to registering a link whether under the interim or permanent link registration processes described herein. The non- exclusive nationwide license does not authorize operation until a link is both (1) coordinated with NTIA and (2) registered. 12 Application Filing Process for Non- Exclusive Nationwide License NOTICE: FILING AND REGULATORY FEES ARE DISCUSSED IN SECTION IV. Applicants for non- exclusive nationwide licenses are encouraged to electronically file FCC Form 601 using the Universal Licensing System (ULS). 13 Applicants can access the ULS web site at http:// wireless. fcc. gov/ uls. Applicants must have an FCC Registration Number (FRN) in order to file applications and link registrations in ULS. If the applicant does not have an existing FRN, it must register and obtain an FRN prior to filing the license application. 14 Applicants for non- exclusive nationwide licenses will be required to file FCC Form 601 Main Form and Schedule B. Applicants should specify that they are filing an application in the MM - Millimeter Wave 70/ 80/ 90 Radio Service and specify the purpose of the application as New (NE). When filing electronically, the ULS will automatically load FCC Form 601. 15 An FCC Form 601 Main Form is required for all filings and collects necessary administrative data to identify the filer, establishes the filer’s basic eligibility and qualifications, and classifies the filing. It also contains the required certifications and signature block. An FCC Form 601 Schedule B must be included with the application for the initial non-exclusive nationwide license. Because the non- exclusive nationwide license serves as a prerequisite for registering links, an applicant will initially receive a single license for all available frequency bands (71- 76, 81- 86, 92- 94.0, and 94. 1 - 95 GHz). 16 During the electronic filing process, FCC Form 601 Schedule B will be automatically pre- filled with the correct technical data, and cannot be changed; FCC Form 601 Schedule B is a view- only screen for this radio service. Applications are assigned file numbers and all applications (and major amendments thereto) that are accepted for filing are listed on the Bureau’s weekly public notice of such applications. An application may be granted at any time if the Bureau finds that it meets all of the Commission’s 12 See note 6, supra and accompanying text. 13 Pursuant to Section 1. 913( d) of the Commissions Rules certain categories of applicants are permitted to file their license applications manually. However, the Bureau urges all applicants to file electronically using ULS because “[ l] icensees who continue to file applications manually risk dismissal of their applications for routine errors.” See Wireless Telecommunications Bureau Revises and Begins Phased Implementation of its Unified Policy for Reviewing License Applications and Pleadings, Public Notice, 14 FCC Rcd 11182, 11186 (WTB 1999). The Bureau has noted that “[ m] any of the filing errors routinely made by applicants involve missing signatures, missing or invalid answers to mandatory questions, missing or incorrect fees, and technical information inconsistent with the applicant’s authorization,” and that using the ULS would nearly eliminate the filing of applications with these types of errors because the applicant receives real- time feedback online and is prompted to and must correct errors prior to submitting the application electronically.” Id. at 11185. 14 The FCC Registration Number (FRN) is the 10- digit number assigned to all entities (individual and corporate) that transact business with the FCC (including via ULS) and is not to be confused with the “link registrations” discussed in Section III of the instant Public Notice. Applicants can obtain an FCC Registration Number (FRN) using the Wireless Telecommunications Bureau web site at http:// wireless. fcc. gov/ and select “CORES/ Call Sign Registration” from the right hand menu under the heading of Licensing. 15 Applicants must consult and follow FCC Form 601- Instructions. 16 See 47 C. F. R. §101. 147( z)( 1). 3 4 requirements (e. g. meets qualification requirements, foreign ownership restrictions, payment obligations), except that certain applications will not be granted prior to the 31st day following the issuance of a Public Notice of the acceptance for filing of such application (see below). 17 When an application is granted, an authorization will be issued to the applicant, and the grant will be placed on the Wireless Telecommunications Bureau’s Weekly Action Public Notice. NOTICE: APPLICANTS SEEKING TO OPERATE UNDER MORE THAN ONE REGULATORY STATUS MAY FILE ONE APPLICATION FOR COMMON CARRIER REGULATORY STATUS AND A SECOND APPLICATION FOR NON- COMMON CARRIER AND/ OR PRIVATE, INTERNAL REGULATORY STATUS. Applications to provide non- common carrier service or for private, internal communications (Codes “N” and “P,” respectively on FCC Form 601 Item 35) may be granted anytime after they are accepted for filing. Applications that include a request for common carrier regulatory status (Code “C,” FCC Form 601 Item 35) will not be granted prior to the 31st day following the issuance of a Public Notice of the acceptance for filing of such application. 18 EXAMPLE: On June 30, 2004, the Bureau releases the weekly Public Notice of applications filed between June 21- 25, 2004, that are acceptable for filing. The 31 st day following this public notice is Saturday, July 31, 2004, making Monday, August 2, 2004, the first day on which a common carrier application can be granted. A license is required to file link registrations. Given that July 19, 2004, is the starting date for filing link registrations, and that no common carrier licenses can be granted prior to August 2, 2004, applicants seeking to operate under more than one regulatory status may wish to file one application for common carrier regulatory status and a second application for non- common carrier and/ or private, internal regulatory status, as applicable. 19 Modifications to Non- exclusive Nationwide License Modifications to the non- exclusive nationwide license will be limited to data on the FCC Form 601 Main Form. Any such modifications should be filed on FCC Form 601 and should specify the purpose of the filing as modification (MD). Modifications to FCC Form 601 Schedule B data will not be permitted. Modifications to the FCC Form 601 Main Form data will not affect the interference protection date for individual links registered under that license. License modifications must be filed independent of any filing involving registration of individual links. 17 See 47 C. F. R. §§ 1.945( b)( c). 18 See id. at § 1.945( b); see also 47 C. F. R. § 1. 939( a)( 2) (petitions to deny common carrier applications must be filed no later than 30 days after the date of the Public Notice listing such applications as accepted for filing). 19 Ordinarily, in requesting authority to offer both common carrier and non- common carrier service, an applicant would choose to file a single FCC Form 601 and enter Codes C and N on it in response to Item 35. However, the entire application would be processed under the “common carrier” track, i. e., the “notice and 30- day waiting period” of Section 1.945( b), because system limitations preclude us from processing the non- common carrier request separately when filed on the same form as the common carrier request. 4 5 Transfer and Assignment of Non- exclusive Nationwide Licenses Licensees may assign or transfer their non- exclusive nationwide license using FCC Form 603. Pursuant to the Report and Order, licensees will not be permitted to partition or disaggregate their non-exclusive nationwide licenses. 20 Therefore, licensees will only be permitted to assign or transfer the entire geographic license. Any links registered under the non- exclusive nationwide license will remain associated with the license during a full assignment or transfer. However, at a date to be announced in the future by Public Notice, we will, pursuant to our delegated authority, see note 11, supra, permit licensees to assign individual links from one non- exclusive nationwide license to another. 21 Applications May be Filed Beginning June 21, 2004 Parties may file applications for non- exclusive nationwide licenses starting on June 21, 2004. Applications filed before June 21, 2004, will be dismissed. III. INDIVIDUAL LINK REGISTRATION AND COORDINATION A. Introduction As noted above, the non- exclusive nationwide license is a required prerequisite for registering individual links. Therefore, individual links cannot be registered until a geographical (nationwide) license is obtained (see above). In Appendix C of the Report and Order, the Commission specified certain technical parameters that would be required for link registration. The Report and Order also stated that the Commission would provide details regarding the licensing requirements and coordination with NTIA in a future Public Notice. 22 Ongoing coordination with NTIA in developing the Federal Government/ non- Federal Government coordination process has resulted in refinements to the required link data. Certain refinements will facilitate efficient coordination using NTIA’s automated system. Specifically, it was determined that EIRP( dBm), Receiver Latitude (ddmmss. s), Receiver Longitude (dddmmss. s), Receiver Noise Figure (dB), and Polarization are needed. Other data elements were determined to be redundant and therefore will not be required, namely Bandwidth, 23 Path Distance, and Data Type. 24 Finally, Path Status, Proposed Date, and Inception Date will not be required because the filing date and IRAC coordination dates will automatically be recorded in ULS. The process for link registration and coordination with NTIA prior to the implementation of NTIA’s automated system and the appointment of third party database managers is referred to in this Pubic Notice as the “interim link registration process.” The process for link registration and coordination with NTIA subsequent to the implementation of NTIA’s automated system is referred to in this Public Notice as the “permanent link registration process.” 20 Report and Order at ¶ 87. 21 See discussion of transfer and assignment of registered links at 9, infra. 22 Report and Order at ¶ 59. 23 Transmitter Emission Bandwidth will be collected as part of the Transmitter Emission Designator. 24 Data Type will be collected as part of the Transmitter Emission Designator consistent with the ITU format for emission designators. See also Section 2.201 of the Commission’s Rules. 5