*Pages 1--6 from Microsoft Word - 36555* PUBLIC NOTICE Federal Communications Commission 445 12th 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- 672 Released: March 12, 2004 WIRELESS TELECOMMUNICATIONS BUREAU OPENS FILING WINDOW FOR PROPOSALS TO DEVELOP AND MANAGE INDEPENDENT DATABASE OF SITE REGISTRATIONS BY LICENSEES IN THE 71- 76 GHZ, 81- 86 GHZ AND 92- 95 GHZ BANDS (WT Docket No. 02- 146) By this Public Notice, the Wireless Telecommunications Bureau (“ WTB” or “Bureau”) solicits proposals from commercial entities interested in developing and managing an independent database of site/ link registrations by FCC licensees in the 71- 76 GHz, 81- 86 GHz and 92- 95 GHz bands. The Bureau will accept proposals beginning March 15, 2004, and ending March 26, 2004. Proposals will be available for public inspection, and the Bureau will consider any comments filed beginning March 29, 2004, and ending April 2, 2004. Background information. On October 16, 2003, the Commission adopted a Report and Order establishing service rules to promote non- Federal development and use of the “millimeter wave” spectrum in the 71- 76 GHz, 81- 86 GHz and 92- 95 GHz bands 1 on a shared basis with Federal Government operations. 2 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. 3 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 users. Under this approach, the 1 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). In the Report and Order, the Commission adopted rules for both unlicensed (Part 15) and licensed (Part 101) use of portions of these bands; 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” or “the 71- 95 GHz bands”; such references do not include 94. 0- 94.1 GHz. See infra note 4. 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 petitioners. 2 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. 3 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). 1 2 Commission will issue an unlimited number of non- exclusive, nationwide licenses to non- Federal Government entities for the 12.9 GHz of spectrum allocated for commercial use. 4 These licenses will serve as a prerequisite for registering individual point- to- point links in a third- party database to be developed and managed by one or more third- party database managers (“ Database Managers”) selected in response to this or subsequent Public Notices. 5 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 nationwide license until the link is both (1) coordinated with the National Telecommunications and Information Administration (NTIA) with respect to Government operations and (2) registered as an approved link. 6 NTIA coordination. Initially, NTIA coordination will occur using the existing process: licensees will file 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. However, NTIA is developing an automated coordination mechanism that will allow non- Federal users and Database Managers selected by the FCC to use an Internet site to determine whether a given non- Federal link has any potential conflict with Federal users. 7 Once NTIA’s Web-based system is operational, it is anticipated that Database Managers will be supplying 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 users in the bands. 8 Link registration through Database Managers. Until the Commission selects Database Managers, registration will occur through ULS (the Bureau will issue a separate public notice announcing the start date for licensing and link registration procedures). Thereafter, Database Managers will be required to register each link and maintain a record of the requested and approved links for each licensee to assist parties in planning new links to avoid interference. 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. Database Managers will not be responsible for assigning frequencies, but will be responsible for establishing and maintaining the database as described in detail in the Report and Order and summarized below. This does not preclude Database Managers from offering additional services, such as frequency coordination, which will assist a licensee in designing a link. 4 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 Federal Government use on a primary basis. See generally Report and Order, 18 FCC Rcd at 23322- 31. 5 The Commission stated that the ultimate decision of the number of Database Managers and the selection of such Managers would be made by WTB, and noted that the Bureau would announce its manager selection procedures by public notice. See Report and Order, 18 FCC Rcd at 23341 ¶ 51. 6 See, e. g., 47 C. F. R. §§ 101.147( z) (sites may not operate until NTIA approval is received); 101.1511 (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 Notice, Establishment of a Frequency Assignment Coordination Web Site, National Telecommunications and Information Administration, 68 FR 74218 (Dec. 23, 2003). 8 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. 2 6 o Paper filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U. S. Postal Service mail (although we continue to experience delays in receiving U. S. Postal Service mail). o U. S. Postal Service first- class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, S. W., Washington, D. C. 20554. o Commercial overnight mail (other than U. S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, Maryland 20743. o The Commission's mail contractor, Natek, Inc., will receive hand- delivered or messenger- delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. –The filing hours at this location are 8: 00 a. m. to 7: 00 p. m. –All hand deliveries must be held together with rubber bands or fasteners. –Any envelopes must be disposed of before entering the building. Permit- but- disclose proceeding. Because of the policy implications and potential impact of this proceeding on persons not parties hereto, we believe it would be in the public interest to treat all proposals filed in response to this Public Notice as a single, permit- but- disclose proceeding under the ex parte rules, see 47 C. F. R. §§ 1.1200( a), 1.1206. Therefore, subsequent to the release of this Public Notice, ex parte presentations that are made with respect to proposals, comments, or other issues involved herein will be allowed but must be disclosed in accordance with the requirements of Section 1.1206( b) of the Commission's Rules, 47 C. F. R. § 1.1206( b). Permit- but- disclose ex parte procedures permit interested parties to make ex parte presentations to the Commissioners and Commission employees and require that these presentations be disclosed in the record of the relevant proceeding. Persons making a written ex parte presentation to the Commissioners or Commission employees must file the written presentation with the Commission’s Secretary no later than the next business day after the presentation. 47 C. F. R. § 1.1206( b)( 1). Persons making oral ex parte presentations must file a summary of the presentation and deliver copies to the Commissioners or Commission employees involved with the presentation no later than the next business day after the presentation. 47 C. F. R. § 1.1206( b)( 2). All ex parte filings must be clearly labeled as such and must reference WT Docket No. 02- 146 and the DA number of this public notice, DA 04- 672. Decision. WTB will base its decision on the information provided. Once an Order is released that designates one or more Database Managers, such designation( s) will take effect upon the execution by such Database Manager( s) and the WTB of a Memorandum of Understanding. Once a decision has been made and MOUs executed, the Bureau will announce by public notice the names and addresses of the selected Database Managers. Further information. Questions regarding this Public Notice may be directed to John Spencer, Broadband Division, Wireless Telecommunications Bureau, 202- 418- 1896, TTY 202- 418- 7233. By the Chief, Broadband Division, Wireless Telecommunications Bureau. -FCC- 6