Federal Communications Commission FCC 12-122 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Part 101 of the Commission’s Rules to Facilitate the Use of Microwave for Wireless Backhaul and Other Uses and to Provide Additional Flexibility to Broadcast Auxiliary Service and Operational Fixed Microwave Licensees Petition for Rulemaking filed by Fixed Wireless Communications Coalition to Amend Part 101 of the Commission's Rules to Authorize 60 and 80 MHz Channels in Certain Bands for Broadband Communications ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) WT Docket No. 10-153 RM-11602 ORDER Adopted: October 4, 2012 Released: October 5, 2012 By the Commission: 1. On August 3, 2012, the Commission released a Second Report and Order, Second Further Notice of Proposed Rulemaking, Second Notice of Inquiry, Order on Reconsideration, and Memorandum Opinion and Order in this proceeding.1 On our own motion, pursuant to Section 1.108 of the Commission’s Rules,2 we issue this limited modification of the Wireless Backhaul 2nd R&O.3 We are modifying one rule adopted in the Wireless Backhaul 2nd R&O to establish more efficient channel assignments, consistent with the Commission’s intent to improve spectrum utilization in these bands. 2. In the Wireless Backhaul 2nd R&O, the Commission allowed microwave operators to create higher capacity links by authorizing 60 megahertz channels in the 5925-6425 MHz band (Lower 6 GHz band) and 80 megahertz channels in the 10700-11700 GHz band (11 GHz band), respectively.4 The 1 Amendment of Part 101 of the Commission’s Rules to Facilitate the Use of Microwave for Wireless Backhaul and Other Uses and to Provide Additional Flexibility to Broadcast Auxiliary Service and Operational Fixed Microwave Licensees, WT Docket No. 10-153, Second Report and Order, Second Further Notice of Proposed Rulemaking, Second Notice of Inquiry, Order on Reconsideration, and Memorandum Opinion and Order, FCC 12-87 (rel. Aug. 3, 2012) (“Wireless Backhaul 2nd R&O”). 2 47 C.F.R. § 1.108. 3 The Fixed Wireless Communications Coalition (FWCC) raised this issue in an Ex Parte presentation. See Letter from Mitchell Lazarus, Counsel for the Fixed Wireless Communications Coalition to Marlene H. Dortch, Secretary, Federal Communications Commission (filed Aug. 23, 2012) (FWCC August 23 Ex Parte). 4 Wireless Backhaul 2nd R&O at ¶¶ 52-54. Federal Communications Commission FCC 12-122 2 intent was to allow operators to combine existing 30 and 40 megahertz channels to create wider channels.5 3. Consistent with our normal practice in Part 101 of our rules, the Commission adopted a rule specifying the channel center frequencies for the 60 and 80 megahertz channels in the Lower 6 and 11 GHz bands.6 The center frequencies contained in the rule as adopted, however, do not align the wider 60 and 80 megahertz channels with the existing narrower 30 and 40 megahertz channels. In the Lower 6 GHz band, the 60 megahertz channels are offset from existing channels upward by 4.945 megahertz.7 In the 11 GHz band, the 80 megahertz channels are offset from existing channels downward by 10 megahertz.8 In each case, the offset results in inefficient spectrum usage because the wider channels overlap with three narrower channels, which reduces the ability to coordinate multiple operations in the same area.9 In contrast, if the wider channels were aligned with the narrower channels, each wider channel would overlap only with two narrower channels. By changing the center frequencies specified in the rule, we can match up the wider channels with the narrower channels. The center frequencies specified in the Appendix will align the wider channels with narrower channels. 4. As an example, the table below shows the band plan adopted in the Wireless Backhaul 2nd R&O for a portion of the 11 GHz band, including the misalignment between the 40 megahertz channels and the 80 megahertz channels: 10700 10705 10785 10865 10945 10700 10715 10755 10795 10835 10875 10915 10955 In contrast, under the band plan we adopt today, the 80 megahertz channels align with the 40 megahertz channels: 10700 10715 10755 10795 10835 10875 10915 10955 10995 11035 80 MHz channels 40 MHz channels 5 Id. at ¶ 47. 6 Id. at Appendix A, adopted 47 C.F.R. § 101.147. 7 See FWCC August 23 Ex Parte at 2. 8 See id. 9 See id. 80 MHz Ch. 40 MHz channels Federal Communications Commission FCC 12-122 3 5. We act at this time in order to reduce burdens on applicants who wish to take full advantage of the opportunity to use wider channels as contemplated in the Wireless Backhaul 2nd R&O. Correcting the center frequencies will also provide certainty to equipment manufacturers as they develop equipment for the wider channels. Absent action now, applicants that apply for wider channels would have to either specify the offset channel center frequencies and possibly change frequencies later, or seek a waiver to use non-offset channels, which would delay their ability to commence service. We see no reason to delay action to correct our rules. Accordingly, we amend Section 101.147 of the Commission’s rules as described in the attached Appendix in order to correct the center frequencies for 60 megahertz channels in the Lower 6 GHz band and for 80 megahertz channels in the 11 GHz band. 6. The actions contained herein have not changed our Final Regulatory Flexibility Analysis (FRFA), which was set forth in the Wireless Backhaul 2nd R&O. Thus, no supplemental FRFA is necessary. In addition, the action contained herein has been analyzed with respect to the Paperwork Reduction Act of 1995 (PRA) and found to impose no new or modified reporting and/or recordkeeping requirements or burdens on the public. 7. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, 47 U.S.C. § 154(i), and Section 1.108 of the Commission’s Rules, 47 C.F.R. § 1.108, that the Second Report and Order, Second Further Notice of Proposed Rulemaking, Second Notice of Inquiry, Order on Reconsideration, and Memorandum Opinion and Order, FCC 12-87, IS MODIFIED as set forth herein. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary Federal Communications Commission FCC 12-122 4 APPENDIX Final Rules § 101.147 Frequency assignments. * * * * * (i) 5,925 to 6,425 MHz. 60 MHz authorized bandwidth. * * * * * (9) 60 MHz bandwidth channels:1 Transmit (receive) (MHz) Receive (transmit) (MHz) 5960.025 6212.065 6019.325 6271.365 6078.625 6330.665 6137.925 6389.965 1 The highest available channel should be selected, except where such a choice would impede the efficiency of local frequency coordination efforts. * * * * * Federal Communications Commission FCC 12-122 5 (o) 10,700 to 11,700 MHz. 80 MHz authorized bandwidth. * * * * * (8) 80 MHz bandwidth channels:1 Transmit (receive) (MHz) Receive (transmit) (MHz) 10755 11245 10835 11325 10915 11405 10995 11485 11075 11565 11155 11645 1 The highest available channel should normally be selected, except where such a choice would impede the efficiency of local frequency coordination efforts. * * * * *