Date="11/08/93" Citation="58 FR 59174" Group="commerce" Type="RULE" Department="FEDERAL COMMUNICATIONS COMMISSION" Agency="FEDERAL COMMUNICATIONS COMMISSION" Subject="Amendment of the Commission's Rules to Establish New Personal Communications Services"

FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2, 15, 22, and 99 [GEN Docket No. 90-314; FCC 93-451] Amendment of the Commission's Rules to Establish New Personal Communications Services AGENCY: Federal Communications Commission. ACTION: Final rule.

FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2, 15, 22, and 99 [GEN Docket No. 90-314; FCC 93-451] Amendment of the Commission's Rules to Establish New Personal Communications Services AGENCY: Federal Communications Commission. ACTION: Final rule. .. ------------------------------------------------------------ SUMMARY: By this Report and Order the Commission establishes regulations for a new Personal Communications Service (PCS). This action provides 2 GHz spectrum for future wireless communications services and facilitates a broad range of new wireless communications services being made available to both businesses and consumers. EFFECTIVE DATE: December 8, 1993, except that changes to part 15 of the Commission's Rules are effective January 7, 1994. FOR FURTHER INFORMATION CONTACT: Fred Lee Thomas, Office of Engineering and Technology, (202) 653-6204. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second Report and Order adopted September 23, 1993, and released October 22, 1993. A summary of the Notice of Proposed Rule Making initiating this proceeding may be found at 57 FR 40672 (September 4, 1992). This action will not add to or decrease the public reporting burden. The full text of this Commission decision is available for inspection and copying during regular business hours in the FCC Reference Center (room 239), 1919 M Street NW., Washington, DC. The complete text of this decision also may be purchased from the Commission's duplication contractor, International Transcription Service, (202) 857-3800, 2100 M Street NW., Washington, DC 20037. Summary of Second Report and Order 1. The Second Report and Order (Order) adopts rules that include spectrum allocations, licensing and authorization rules, and technical standards for both licensed and unlicensed PCS operation in the 2 GHz portion of the spectrum. PCS is expected to consist of a variety of new mobile services, technologies, and equipment such as small, lightweight telephone handsets; portable facsimile machines; wireless PBXs; and multi-channel digital cordless telephones. 2. Specifically, in the Order the Commission allocates 160 MHz in the emerging technology bands at 2 GHz for PCS. Licensed services are allocated a total of 120 MHz at 1850-1890/1930- 1970 and 2130-2150/2180-2200 MHz. This spectrum should foster new mobile services and technologies and foster competition among PCS providers and between PCS providers and cellular operators. This relatively large amount of spectrum also will ensure the rapid development and implementation of service, and provide flexibility for licensees to coordinate with existing microwave licensees. 3. Unlicensed PCS devices are allocated 40 MHz at 1890-1930 MHz. This allocation is equally divided between isochronous (principally voice) operations and asynchronous (data) operations, with each receiving 20 MHz. Unlicensed PCS will foster development of a wide range of new wireless devices for both voice and data uses. 4. The channeling plan for licensed services provides two 30 MHz frequency blocks, one 20 MHz frequency block, and four 10 MHz frequency blocks. This plan permits up to seven service providers per service area. Competition among providers will ensure a robust market for PCS; foster a diversity of PCS offerings; permit broad participation in the provision of PCS, including participation by existing cellular providers; and facilitate special opportunities to promote the participation in PCS of small businesses, rural telephone companies and businesses owned by minorities and women. 5. The licensed service areas are based upon those defined by Rand McNally's Major Trading Areas (or MTAs) and Basic Trading Areas or (BTAs). There are 51 MTA-based service areas and 492 BTA-based services areas. The Commission concluded that a combination of BTA and MTA service areas will facilitate the introduction of PCS. 6. Licensees will be permitted to aggregate up to 40 MHz in any one service area, except for licensees with cellular interests. Cellular licensees will be allowed to compete for PCS licenses in areas where their cellular service area comprises less than 10 percent of the respective PCS service area population or where a party to a cellular license holds an interest of less than 20 percent in a cellular entity. Within their cellular service area, cellular licensees will be permitted to hold only a single PCS license for no more than 10 MHz. Limiting cellular providers to one license of 10 MHz checks any potential for unfair competition that might exist if cellular operators were allowed to operate larger PCS system in areas where they also provide cellular service. This approach will allow participation by cellular operators in PCS and provide opportunity for the early development of PCS by taking advantage of cellular providers' expertise, economies of scope between PCS and cellular service, and existing infrastructures. 7. Local exchange carriers (LECs) will be allowed to provide PCS on the same basis as other entities. LEC provision of PCS may produce significant economies of scope between wireline and PCS networks. No new separate subsidiary requirements will be required for LECs that provide PCS. However, in areas where a LEC has attributable cellular interests (whether or not through a separate subsidiary), it will be eligible only for the PCS frequency blocks available to a cellular operator in its service area. Further, there will be no set-aside of spectrum for LECs. A set-aside would not encourage LECs to develop their wireline architectures to better accommodate all PCS services, but rather could lead to architectures optimized solely for use of the set-aside spectrum. 8. Licensees will be able to aggregate service areas without restriction. This approach will ensure that PCS has the potential to compete with existing mobile radio services such as cellular and special mobile radio service operations and that there is competition among PCS providers at both the local and regional levels. It provides the potential for Nationwide PCS if the market for such service develops. 9. The Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, 107 Stat. 312 (Budget Reconciliation Act), at Section 312 authorizes the Commission to employ competitive bidding procedures to choose among mutually exclusive applications for licenses to use the electromagnetic spectrum provided that the service is one in which the licensee receives compensation from subscribers for the use of those frequencies. In addition, the Budget Reconciliation Act directs the Commission to implement competitive bidding procedures by March 8, 1994. Inasmuch as these amendments require a new proceeding, the Commission is deferring resolution of the issues relating to the PCS licensing mechanism and competitive bidding to its competitive bidding rule making proceeding; see Implementation of Section 309(j) of the Communications Act Competitive Bidding, PP Docket No. 93-253, Notice of Proposed Rule Making, 58 FR 53489 (October 15, 1993). 10. The PCS licensing term is 10 years. Provisions regarding renewal expectancy are similar to those that currently apply to the cellular service. This relatively long period and high renewal expectancy will provide a stable environment that is conducive to investment, and thereby will foster the rapid development of PCS. 11. Licensees must serve with a signal level sufficient to provide adequate service to at least one-third of the population in their licensed area within five years of being licensed, two-thirds of the population in their licensed area within seven years of being licensed, and 90 percent of the population in their licensed area within ten years of being licensed. Population is defined as the 1990 census population. Failure by any licensee to meet these requirements will result in forfeiture of the license and the licensee will be ineligible to regain it. 12. Technical standards were adopted for protection of incumbent fixed microwave operations and other PCS operations from interference. PCS base stations are authorized to operate at powers up to 100 watts (e.i.r.p.) with antenna heights up to 300 meters HAAT, or at reduced power with antenna heights up to 2000 HAAT. Mobiles are authorized to operate at powers up to 2 watts (e.i.r.p.). PCS coordination distances with fixed microwave operations will vary from 62 to 195 miles, depending on the power and antenna height of the PCS base stations. The standards provide interference protection between PCS operations using a 47 dBuV/m contour at the licensees' service area boundaries. A ``spectrum etiquette'' plan containing most of the aspects of the plan suggested by WINForum was adopted to govern the technical operation of unlicensed equipment. 13. The Commission left other technical standards to industry and standards-setting bodies and requested that these bodies direct particular attention to offering an emergency 911 capability that would work with enhanced-911 systems (E-911) and, to the extent feasible, permit locating a caller in situations where the caller is unable to state his location. The Commission stated particular concern that unless an E-911 capability is designed into PCS systems, dialing 911 from a PCS telephone will not be equivalent to dialing 911 from a traditional wired telephone. The Commission stated that it will closely monitor developments in standards-setting bodies and elsewhere regarding PCS and E-911 and is contemplating initiating a proceeding in the future to address E-911 and related issues with regard to PCS, cellular, and any other relevant mobile service. 14. Finally, the Unlicensed PCS Ad Hoc Committee for 2 GHz Microwave Transition and Management (UTAM) was conditionally designated as coordinator for use of unlicensed PCS devices. UTAM is conditioned upon its submittal and the Commission's acceptance of a funding plan; and a plan for ``band clearing'' that will permit implementation of noncoordinatable (nomadic) devices, particularly noncoordinatable data PCS devices. All manufacturers of unlicensed equipment will be required to participate in UTAM. 15. On September 13, 1993, Apple submitted an ``Emergency Petition'' addressing a number of issues related to operation and introduction of unlicensed PCS devices in the 2 GHz band. Apple's petition was filed three days before the Commission's ``Sunshine Rules'' resulted in cutting off all comment on the proceeding as a whole, including on the Apple petition. Consequently, many parties did not have an opportunity to file comments supporting or opposing the petition. The Commission agrees with Apple that the early introduction of nomadic PCS devices is desirable, and therefore that it is in the public interest to obtain public comment on the petition in order that the Commission may be fully informed by all interested parties on these issues. Accordingly, by Public Notice the Commission solicited comment in response to the Apple petition. Further, the Commission delayed the effective date of rules related to Apple's petition for an additional thirty days to permit full consideration of the issues raised by Apple. 16. Regulatory Flexibility Analysis. Pursuant to 5 U.S.C. Section 603, an initial Regulatory Flexibility Analysis was incorporated in the Notice of Proposed Rule Making and Tentative Decision in combined ET Docket No. 92-100 and GEN Docket No. 90-314. Written comments on the proposals in the Notice, including the Regulatory Flexibility Analysis, were requested. A. Need for and Objective of Rules: The Commission's objective is to provide spectrum allocations, licensing and authorization rules, and technical standards for broadband PCS at 2 GHz. Authorizing this new service will make available a broad range of new services and technologies to both business users and consumers. The PCS rules being adopted will provide licensees and developers of unlicensed equipment the flexibility to introduce a wide variety of new and innovative telecommunications services and equipment. B. Issues Raised by the Public in Response to the Initial Analysis: A number of parties supported regulations that would facilitate participation in PCS by small businesses. Specifically, these parties argue that small frequency blocks, small service areas, and special consideration for small businesses in the licensing of PCS would facilitate small businesses participation in providing PCS services. The FCC empaneled a Small Business Advisory Committee (SBAC) that also assessed the policy implications of this proceeding for small businesses and filed a report with the Commission on September 15, 1993. The SBAC also concludes that small frequency blocks with multiple licensees in each service area and a frequency block designated for qualified small, female, and minority businesses would assist entrepreneurial entry in PCS. The SBAC also suggested that the Commission consider other mechanisms to foster entry opportunities and capital formation for such groups. These issues and the associated comments are considered and addressed in this Second Report and Order, except issues related to licensee selection procedures. Licensing issues are the subject of the Omnibus Budget Reconciliation Act of 1993 and are being addressed in a separate proceeding that proposes rules to implement competitive bidding, PP Docket No. 93-253, Notice of Proposed Rule Making. In accordance with the provisions of the Budget Reconciliation Act, as part of the competitive bidding rule making the Commission will consider whether special conditions should apply to two of the seven frequency blocks available for PCS operation at 2 GHz, including a possible reservation or set aside, to promote participation in PCS by small businesses, rural telephone companies and businesses owned by minorities and women. C. Any Significant Alternative Minimizing Impact on Small Entities and Consistent with Stated Objectives: We have reduced burdens wherever possible. The regulatory burdens we have retained are necessary to ensure that the public receives the benefits of PCS in a prompt and efficient manner. We will continue to examine alternatives in the future with objectives of eliminating unnecessary regulations and minimizing any significant impact on small entities. 17. Ordering Clauses. Accordingly, It Is Ordered, That UTAM, Inc. is designated to coordinate and manage the transition of the 1890-1930 MHz band from the Private Operational Fixed Microwave Service to unlicensed PCS operations, conditioned upon its submittal and the Commission's acceptance of a funding plan and a plan for ``band clearing'' that will permit implementation of noncoordinatable (nomadic) devices, particularly noncoordinatable data PCS devices. 18. Further, It is Ordered, That the ``Emergency Petition'' filed by Apple Computer, Inc. is accepted and will be treated as a petition for reconsideration in this proceeding. 19. Further, It is Ordered, That parts 2, 22, and 99 of the Commission's Rules Are Amended as specified in the Amendatory Text, effective 30 days after publication in the Federal Register; {1} and that part 15 of the Commission's Rules Is Amended as specified in the Amendatory Text, effective 60 days after publication in the Federal Register. This action is taken pursuant to sections 4(i), 7(a), 302, 303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 157(a), 302, 303(c), 303(f), 303(g), and 303(r). | {1} Part 99 is reorganized to include provisions that |govern 2 GHz PCS. The provisions related to 900 MHz PCS |are reorganized without substantive change. List of Subjects 47 CFR Part 2 Radio. 47 CFR Part 15 Radio. 47 CFR Part 22 Radio. 47 CFR Part 99 Radio. Note: The table of frequency allocations (47 CFR 2.106) as amended in the Emerging Technology First Report and Order (published October 29, 1992, 57 FR 49020) was inadvertently omitted. All up-to-date changes to the 1670-2290 MHz bands are reflected in this document. Amendatory Text I. Part 2 of title 47 of the Code of Federal Regulations is amended as follows: PART 2-FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 1. The authority citation for part 2 continues to read as follows: Authority: Sec. 4, 302, 303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154, 154(i), 302, 303, 303(r) and 307, unless otherwise noted. 2. Section 2.106, the Table of Frequency Allocations, is amended as follows: a. Columns (1), (2), and (3) in the 1670-1690 MHz, 1690-1700 MHz, 1700-1710 MHz, and 1710-2290 MHz bands; column (4) in the 2110-2200 MHz band; and columns (5) and (6) in the 1850-1990 MHz are revised and 2110-2150 MHz and 2160-2200 MHz bands are added as follows: . 2.106 Table of Frequency Allocations. * * * * * -------------------------------------------------------------------------------------------------------------------------------------------- International table United States table FCC use designators -------------------------------------------------------------------------------------------------------------------------------------------- Government Non-Government Region 1- Region 2- Region 3- Special-use allocation MHz allocationMHz allocationMHz ------------------------------------------ Rule part(s) frequencies Allocation MHz Allocation MHz -------------------------------------------------------------------------------------------------------------------------------------------- (1) (2) (3) (4) (5) (6) (7) -------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * 1670-1675 Meteorological * * * * * Aids Fixed Meteorological- Satellite (space- to-earth) Mobile 740A 722 1675-1690 1675-1690 1675-1690 Meteorological Meteorological Meteorological Aids. Aids Aids Fixed Fixed Fixed Meteorological- Meteorological- Meteorological- satellite (space- satellite (space- satellite (space- to-Earth). to-Earth) to-Earth) Mobile except Mobile except Mobile except aeronautical aeronautical aeronautical mobile. mobile. mobile. 722 722 735A 722 1690-1700 1690-1700 1690-1700 Meteorological Meteorological Meteorological Aids. Aids Aids Meteorological Meteorological Meteorological satellite (space- satellite (space- satellite (space- to-Earth). to-Earth) to-Earth) Fixed. Mobile Mobile-satellite except. (Earth-to-space) aeronautical mobile. 671 722 741 671 722 735A 740 671 722 740 742 1700-1710 1700-1710 1700-1710 Fixed Fixed Fixed Meteorological- Meteorological- Meteorological- Satellite (space- satellite (space- Satellite (space- to-Earth). to-Earth) to-Earth) Mobile except Mobile except Mobile except aeronautical aeronautical aeronautical mobile. mobile mobile Mobile-satellite (Earth-to-space) 671-722 671-722-735A 671-722-743 1710-1930 Fixed. Mobile 740A * * * * * 722 744 745 746 746A 1930-1970 1930-1970 1930-1970 1850-1990 1850-1990 Fixed Fixed Fixed Fixed Personal Emerging communications technologies. services (99) Mobile Mobile Mobile Mobile Private Mobile-satellite operational-fixed (Earth-to-space) microwave (94) Radio frequency devices (15) 746A 746A 746A 1970-1980 1970-1980 1970-1980 Fixed Fixed Fixed Mobile Mobile Mobile Mobile-satellite (Earth-to-space) 746A 746A 746B 746C 746A 1980-2010 Fixed US331 NG153 Mobile. Mobile-satellite 1990-2110 1990-2110 (Earth-to-space) 746A 746B 746C Fixed Auxiliary Mobile broadcast (74) Cable television (78) 2010-2025 Fixed Mobile 746A 2025-2110 Fixed Mobile 747A Space research (Earth-to-space) (space-to-space) Space operation (Earth-to-space) (space-to-space) Earth exploration- satellite (Earth- to-space) (space- to-space) 750A US90 US111 US219 US90 US111 US219 US 222 US222 NG23 NG118 2110-2120 Fixed 2110-2200 2110-2150 Mobile Fixed Domestic public Emerging fixed (21) technologies. Space research Mobile Personal (deep space) communications (Earth-to-space) services (99) 746A Private operational-fixed microwave (94) Public mobile (22) 2120-2160 2120-2160 2120-2160 Fixed Fixed Fixed Mobile Mobile Mobile US111 US252 US331 Mobile-Satellite NG23-NG153 (space-to-Earth) 2150-2160 Fixed Multipoint distribution (21) 746A 746A 746A NG23 Private operational-fixed microwave (94) 2160-2170 2160-2170 2160-2170 2160-2200 Fixed Fixed Fixed Fixed Domestic public Emerging fixed (21) Technologies. Mobile Mobile Mobile Mobile Mobile-satellite Personal (space-to-Earth) communications services (99) Private microwave (94) operational- fixed 746A 746A746B746C 746A Public mobile (22) 2170-2200 Fixed Mobile Mobile-Satellite (space-to-Earth) 746A 746B 746C US111 US252 US331 US331 NG23 NG153 2200-2290 Fixed Space research * * * * * (space-to-Earth) (space-to-space) Space operation (space-to-Earth) (space-to-space) Earth exploration- satellite (space- to-Earth) (space- to-space) Mobile 747A 750A -------------------------------------------------------------------------------------------------------------------------------------------- * * * * * b. Remove footnotes 747, 748, 749, and 750 from the international footnotes; and add new footnotes 735A, 740A, 746A, 746B, 746C, 747A, and 750A to the international footnotes: . 2.106 Table of frequency allocations. * * * * * International Footnotes * * * * * 735A In the band 1675-1710 MHz, stations in the mobile-satellite service shall not cause harmful interference to, nor constrain the development of, the meteorological-satellite and meteorological aids services (see Resolution 213 (WARC-92)) and the use of this band shall be subject to the provisions of Resolution 46 (WARC-92). * * * * * 740A The bands 1670-1675 MHz and 1800-1805 MHz are intended for use, on a worldwide basis, by administrations wishing to implement aeronautical public correspondence. The use of the band 1670-1675 MHz by stations in the systems for public correspondence with aircraft is limited to transmissions from aeronautical stations and the use of the band 1800-1805 MHz is limited to transmissions from aircraft stations. * * * * * 746A The frequency bands 1885-2025 MHz and 2110-2200 MHz are intended for use, on a worldwide basis, by administrations wishing to implement the future public land mobile telecommunication systems (FPLMTS). Such use does not preclude the use of these bands by other services to which these bands are allocated. The frequency bands should be made available for FPLMTS in accordance with Resolution 212 (WARC-92). 746B The use of the bands 1970-2010 MHz and 2160-2200 MHz by the mobile-satellite service shall not commerce before 1 January 2005 and is subject to the application of the coordination and notification procedures set forth in Resolution 46 (WARC- 92). In the band 2160-2200 MHz coordination of space stations of the mobile-satellite service with respect to terrestrial services is required only if the power flux-density produced at the Earth's surface exceeds the limits in No. 2566. In respect of assignments operating in this band, the provisions of Section II, paragraph 2.2 of Resolution 46 (WARC-92) shall also be applied to geostationary transmitting space stations with respect to terrestrial stations. 746C In the United States of America, the use of the bands 1970-2010 MHz and 2160-2200 MHz by the mobile-satellite service shall not commence before 1 January 1996. 747A In making assignments to the mobile service in the bands 2025-2110 MHz and 2200-2290 MHz, administrations shall take into account Resolution 211 (WARC-92). 750A Administrations are urged to take all practical measures to ensure that space-to-space transmissions between two or more non-geostationary satellites, in the space research, space operations and Earth exploration-satellite services in the bands 2025-2110 MHz and 2200-2290 MHz, shall not impose any constraints on Earth- to-space, space-to-Earth and other space-to-space transmissions of those services and in those bands between geostationary and non-geostationary satellites. * * * * * c. Add new footnote US331 to the United States footnotes: United States (US) Footnotes * * * * * US331 In the frequency bands 1850-1970 MHz, 2130-2150 MHz, and 2180-2200 MHz, the only fixed PCS services permitted are ancillary services used in support of mobile personal communications services. * * * * * d. Revise the text of footnote NG153 to the Non-Government footnotes to read as follows: Non-Government (NG) Footnotes * * * * * NG153 The 1970-1990 MHz, 2110-2130 MHz, and 2160-2180 MHz bands are reserved for future emerging technologies on a co- primary basis with the fixed and mobile services. Allocations to specific services will be made in future proceedings. * * * * * II. Part 15 of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority citation for part 15 continues to read as follows: Authority: Sec. 4, 302, 303, 304, and 307 of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154, 302, 303, 304, and 307. 2. Subpart D is added to read as follows: PART 156-RADIO FREQUENCY DEVICES * * * * * Subpart D-Unlicensed Personal Communications Service Devices 15.301 Scope. 15.303 Definitions. 15.305 Equipment authorization requirement. 15.307 Coordination with fixed microwave service. 15.309 Cross reference. 15.311 Labelling requirements. 15.313 Measurement procedures. 15.315 Conducted limits. 15.317 Antenna requirement. 15.319 General technical requirements. 15.321 Specific requirements for insochronous devices operating in the 1890-1900 and 9290-1930 MHz sub-bands. 15.323 Specific requirements for asynchonous operation in the 1900-1920 MHZ sub-band. * * * * * Subpart D-Unlicensed Personal Communications Service Devices . 15.301 Scope. This subpart sets out the regulations for unlicensed personal communications service (PCS) devices operating in the 1890-1930 MHz frequency band. . 15.303 Definitions. (a) Asynchronous devices. Devices that transmit RF energy at irregular time intervals, as typified by local area network data systems. (b) Coordinatable PCS device. PCS devices whose geographical area of operation is sufficiently controlled either by necessity of operation with a fixed infrastructure or by disabling mechanisms to allow adequate coordination of their locations relative to incumbent fixed microwave facilities. (c) Emission bandwidth. For purposes of this subpart the emission bandwidth shall be determined by measuring the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, that are 26 dB down relative to the maximum level of the modulated carrier. Compliance with the emissions limits is based on the use of measurement instrumentation employing a peak detector function with an instrument resolutions bandwidth approximately equal to 1.0 percent of the emission bandwidth of the device under measurement. (d) Isochronous devices. Devices that transmit at a regular interval, typified by time-division voice systems. (e) Noncoordinatable PCS device. A PCS device that is capable of randomly roaming and operating in geographic areas containing incumbent microwave facilities such that operation of the PCS device will potentially cause harmful interference to the incumbent microwave facilities. (f) Peak transmit power. The peak power output as measured over an interval of time equal to the frame rate or transmission burst of the device under all conditions of modulation. Usually this parameter is measured as a conducted emission by direct connection of a calibrated test instrument to the equipment under test. If the device cannot be connected directly, alternative techniques acceptable to the Commission may be used. (g) Personal Communications Service (PCS) Devices [Unlicensed]. Intentional radiators operating in the frequency band 1890-1930 MHz that provide a wide array of mobile and ancillary fixed communication services to individuals and businesses. (h) Spectrum window. An amount of spectrum equal to the intended emission bandwidth in which operation is desired. (i) Sub-band. For purposes of this subpart the term sub-band refers to the spectrum allocated for isochronous or asynchronous transmission. (j) Thermal noise power. The noise power in watts defined by the formula N=kTf where N is the noise power in watts, k is Boltzmann's constant, T is the absolute temperature in degrees Kelvin (e.g., 295 k) and f is the emission bandwidth of the device in hertz. (k) Time window. An interval of time in which transmission is desired. . 15.305 Equipment authorization requirement. PCS devices operating under this subpart shall be certified by the Commission under the procedures in subpart J of part 2 of this chapter before marketing. The application for certification must contain sufficient information to demonstrate compliance with the requirements of this subpart. . 15.307 Coordination with fixed microwave service. (a) UTAM, Inc., is designated to coordinate and manage the transition of the 1890-1930 MHz band from Private Operational- Fixed Microwave Service (OFS) operating under part 94 of this chapter to unlicensed PCS operations, conditioned upon the submittal and acceptance by the Commission of: (1) A funding plan that is equitable to all prospective manufacturers of unlicensed PCS devices, and (2) A plan for ``band clearing'' that will permit the implementation of noncoordinatable (nomadic) devices and, in particular, noncoordinatable data PCS devices, as promptly as possible. The responsibilities of UTAM, Inc., include, but are not limited to, relocation of existing OFS microwave stations pursuant to requirements established in ET Docket No. 92-9, negotiating costs of relocation, ensuring that comparable facilities are provided, and resolving any disputes of interference to OFS microwave operations from unlicensed PCS operations. These responsibilities shall terminate upon a determination by the Commission that interference to OFS microwave operations from unlicensed PCS operations is no longer a concern. (b) Each application for certification of equipment operating under the provisions of this subpart must be accompanied by an affidavit from UTAM, Inc. certifying that the applicant is a participating member of UTAM, Inc. In the event a grantee fails to fulfill the obligations attendant to participation in UTAM, Inc., the Commission may invoke administrative sanctions as necessary to preclude continued marketing and installation of devices covered by the grant of certification, including but not limited to revoking certification. (c) An application for certification of a PCS device that is deemed by UTAM, Inc. to be noncoordinatable will not be accepted until the Commission announces that a need for coordination no longer exists. (d) A coordinatable PCS device is required to incorporate measures to assure that it cannot be activated until installation at its authorized location is verified by UTAM, Inc. (e) A coordinatable PCS device shall incorporate an automatic mechanism for disabling operation in the event it is moved outside the geographic area where its operation has been coordinated by UTAM, Inc. The application for certification shall contain a full explanation of the operation of the disabling mechanism and must satisfy the Commission that this mechanism cannot be easily defeated. (f) At such time as the Commission deems that the need for coordination between unlicensed PCS operations and existing part 94 Private Operational-Fixed Microwave Services ceases to exist, the disabling mechanism required by paragraph (e) of this section will no longer be required. (g) Operations under the provisions of this subpart are required to protect systems in the Private Operational-Fixed Microwave Service operating within the 1850-1990 MHz band until the dates and conditions specified in . 94.59 of this chapter for termination of primary status. Interference protection is not required for part 94 stations in this band licensed on a secondary basis. (h) The operator of a PCS device that is relocated from the coordinated area specified by UTAM, Inc., must cease operating the device until coordination for the new location is verified by UTAM, Inc. . 15.309 Cross reference. (a) The provisions of subpart A of this part apply to unlicensed PCS devices, except where specific provisions are contained in subpart D. (b) The requirements of subpart D apply only to the radio transmitter contained in the PCS device. Other aspects of the operation of a PCS device may be subject to requirements contained elsewhere in this chapter. In particular, a PCS device that includes digital circuitry not directly associated with the radio transmitter also is subject to the requirements for unintentional radiators in subpart B. . 15.311 Labelling requirements. In addition to the labelling requirements of . 15.19(a)(3), all devices authorized under this subpart must bear a prominently located label with the following statement: Installation of this equipment is subject to notification and coordination with UTAM, Inc. . 15.313 Measurement procedures. Measurements must be made in accordance with subpart A, except where specific procedures are specified in subpart D. If no guidance is provided, the measurement procedure must be in accordance with good engineering practice. . 15.315 Conducted limits. An unlicensed PCS device that is designed to be connected to the public utility (AC) power line must meet the limits specified in . 15.207. . 15.317 Antenna requirement. An unlicensed PCS device must meet the antenna requirement of . 15.203. . 15.319 General technical requirements. (a) The 1890-1900 and 1920-1930 MHz sub-bands are limited to use by isochronous devices under the requirements of . 15.321. The 1900-1920 MHz sub-band is limited to use by asynchronous devices under the requirements of . 15.323. (b) All transmissions must use only digital modulation techniques. (c) Peak transmit power shall not exceed 100 microwatts multiplied by the square root of the emission bandwidth in hertz. Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. (d) Power spectral density shall not exceed 3 milliwatts in any 3 kHz bandwidth as measured with a spectrum analyzer having a resolution bandwidth of 3 kHz. (e) The peak transmit power shall be reduced by the amount in decibels that the maximum directional gain of the antenna exceeds 3 dBi. (f) The device shall automatically discontinue transmission in case of either absence of information to transmit or operational failure. The provisions in this section are not intended to preclude transmission of control and signaling information or use of repetitive codes used by certain digital technologies to complete frame or burst intervals. (g) Notwithstanding other technical requirements specified in this subpart, attenuation of emissions below the general emission limits in . 15.209 is not required. (h) Where there is a transition between limits, the tighter limit shall apply at the transition point. (i) The device must comply with IEEE C95.1-1991, ``Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz.'' Measurement methods are specified in IEEE C95.3-1991, ``Recommended Practice for the Measurement of Potentially Hazardous Electromagnetic Fields-RF and Microwave.'' All equipment shall be considered to operate in an ``uncontrolled'' environment. The application for certification must contain a statement confirming compliance with IEEE C95.1-1991. Technical information showing the basis for this statement must be submitted to the Commission upon request. . 15.321 Specific requirements for isochronous devices operating in the 1890-1900 and 1920-1930 MHz sub-bands. (a) Operation shall be contained within one of two channels starting with 1890-1895 MHz and ending with 1895-1900 MHz, or within one of eight channels that are 1.25 MHz in width starting with 1920-1921.25 MHz and ending with 1928.75-1930 MHz. Further sub-division of a 1.25 or 5 MHz channel is permitted with a reduced power level, as specified in . 15.319)(c), but in no event shall the emission bandwidth be less than 50 kHz. (b) Intentional radiators with an intended emission bandwidth less than 625 kHz shall start searching for an available time and spectrum window at 1890 or 1920 MHz and search upward from that point. Devices with an intended emission bandwidth greater than 625 kHz shall start searching for an available time and spectrum window at 1930 or 1900 MHz and search downward from that point. (c) Isochronous devices must incorporate a mechanism for monitoring the time and spectrum windows that its transmission is intended to occupy. The following criteria must be met: (1) Before initiating transmission, devices must monitor the time and spectrum windows they intend to use for a period of at least 10 milliseconds to determine if the access criteria is met. (2) The monitoring threshold must not be more than 30 dB above the thermal noise power for a bandwidth equivalent to the emission bandwidth used by the device. (3) If no signal above the threshold level is detected, transmission may commence and continue with the same emission bandwidth in the monitored time and spectrum windows without further monitoring. However, occupation of the same combined time and spectrum windows by a device or group of cooperating devices continuously over a period of time longer than 8 hours is not permitted without repeating the access criteria. (4) Once access to specific combined time and spectrum windows is obtained an acknowledgement from a system participant must be received by the initiating transmitter within one second or transmission must cease. (5) If access to spectrum is not available as determined by the above, and a minimum of 40 duplex system access channels are defined for the system, the time and spectrum windows with the lowest power level below a monitoring threshold of 50 dB above the thermal noise power determined for the emission bandwidth may be accessed. A device utilizing the provisions of this paragraph must have monitored all access channels defined for its system within the last 10 seconds and must verify within the 20 milliseconds immediately preceding actual channel access that the detected power of the selected time and spectrum windows is no higher than the previously detected value. The power measurement resolution for this comparison must be accurate to within 6 dB. No device or group of cooperating devices located within 1 meter of each other shall occupy more than three 1.25 MHz channels, two 1.25 MHz channels and one 5 MHz channel, on two 5 MHz channels during any 10 millisecond period of time. (6) If the selected combined time and spectrum windows are unavailable, the device may either monitor and select a different window or seek to use the same windows after waiting an amount of time randomly chosen from a uniform random distribution between 10 and 150 milliseconds. (7) The monitoring system bandwidth must be equal to or greater than the emission bandwidth of the intended transmission and have a maximum reaction time less than 50xSQRT (1.25/emission bandwidth in MHz) microseconds for signals at the applicable threshold level but shall not be required to be less than 50 microseconds. If a signal is detected that is 6 dB or more above the applicable threshold level, the maximum reaction time shall be 35xSQRT (1.25/emission bandwidth in MHz) microseconds but shall not be required to be less than 35 microseconds. (8) The monitoring system shall operate via the transmitting antenna, or an antenna with the same coverage area as the transmitting antenna, and shall be capable of measuring the power level of the monitored signal with an accuracy of #3 dB. (9) Devices that have a power output lower than the maximum permitted under this subpart may increase their monitoring detection threshold by one decibel for each one decibel that the transmitter power is below the maximum permitted. (d) Emissions shall be attenuated below a reference power of 112 milliwatts as follows: 40 dB between the channel edges and 1.25 MHz above or below the channel 50 dB between 1.25 and 2.5 MHz above or below the channel; and 60 dB at 2.5 MHz or greater above or below the channel. For systems which further sub-divide a 1.25 MHz channel into X sub-channels, the following emission mask shall be followed: in the bands between 1B and 2B measured from the center of the emission bandwidth the total power emitted by the device shall be at least 40 dB below the transmit power permitted for that device; in the bands between 2B and 3B measured from the center of the emission bandwidth the total power emitted by an intentional radiator shall be at least 50 dB below the transmit power permitted for that radiator; in the bands between 3B and the 1.25 MHz channel edge the total power emitted by an intentional radiator in the measurement bandwidth shall be at least 60 dB below the transmit power permitted for that radiator. ``B'' is defined as the emission bandwidth of the device in hertz. Compliance with the emission limits is based on the use of measurement instrumentation employing a peak detector function with an instrument resolution bandwidth approximately equal to 1.0 percent of the emission bandwidth of the device under measurement. (e) The frame period (a set of consecutive time slots in which the position of each time slot can be identified by reference to a synchronizing source) of an intentional radiator operating in these sub-bands shall be 10 milliseconds/X where X is a positive whole number. Each device that implements time division for the purposes of maintaining a duplex connection on a given frequency carrier shall maintain a frame repetition rate with a frequency stability of at least 50 parts per millions (ppm). Each device which further divides access in time in order to support multiple communication links on a given frequency carrier shall maintain a frame repetition rate with a frequency stability of at least 10 ppm. The jitter (time-related, abrupt, spurious variations in the duration of the frame interval) introduced at the two ends of such a communication link shall not exceed 25 microseconds for any two consecutive transmissions. Transmission shall be continuous during the frame period defined for the device. (f) The frequency stability of the carrier frequency of the international radiator shall be maintained within #10 ppm over 1 hour or the interval between channel access monitoring, whichever is shorter. The frequency stability shall be maintained over a temperature variation of -30 to +50 degrees C at normal supply voltage, and over a variation in the primary supply voltage of 85 percent to 115 percent of the rated supply voltage at a temperature of 20 C. For equipment that is only capable of operating from a battery, the frequency stability tests shall be performed using a new battery without any further requirement to vary supply voltage. . 15.323 Specific requirements for asynchronous operation in the 1900-1920 MHz sub-band. (a) Operations hall be contained within on of two 10 MHz channels: 1900-1910 MHz or 1910-1920 MHz. The emission bandwidth of any intentional radiator operating in this sub-band shall be no less than 500 kHz. (b) All systems of less than 2.5 MHz emission bandwidth shall first occupy spectrum beginning nearest a channel edge, while systems of more than 2.5 MHz emission bandwidth will first occupy the center half of a channel. Devices with an emission bandwidth of less than 1.0 MHz may not occupy the center half of a channel if other spectrum is available. (c) Asynchronous devices must incorporate a mechanism for monitoring the spectrum that its transmission is intended to occupy. The following criteria must be met: (1) Before initiating a transmission burst, devices must monitor the spectrum window they intend to use for a period of time that is at least 50 microseconds. (2) The monitoring threshold must not be more than 32 dB above the thermal noise power for a bandwidth equivalent to the emission bandwidth of the device. (3) If no signal above the threshold level is detected, a transmission burst may commence in the monitored spectrum window. Once a transmission burst has started, an individual device or a group of cooperative devices is not required to monitor the spectrum window provided the intraburst gap timing requirement specified below is not exceeded. (4) After completion of a transmission burst, an individual device or cooperating group of devices must cease transmission and wait a deference time randomly chosen from a uniform random distribution ranging from 50 to 750 microseconds after which time an attempt to access the band again may be initiated. For each occasion that an access attempt fails after the initial inter-burst interval, the deference time chosen shall double until an upper limit of 12 milliseconds is reached. The deference time remains at the upper limit until an access attempt is successful. The deference time is re-initialized after each successful access attempt. (5) The monitoring system bandwidth must be equal to or greater than the emission bandwidth of the intended transmission and shall have a maximum reaction time less than 50xSQRT(1.25/emission bandwidth in MHz) microseconds for signals at the applicable threshold level but shall not be required to be less than 50 microseconds. If a signal is detected that is 6 dB or more above the threshold level, the maximum reaction time shall be 35xSQRT(1.25/emission bandwidth in MHz) microseconds but shall not be required to be less than 35 microseconds. (6) The monitoring system shall operate via the transmitting antenna, or an antenna with the same coverage area as the transmitting antenna, and shall be capable of measuring the power level of the monitored signal with an accuracy of 3 dB. (7) Devices that have a power output lower than the maximum permitted under the rules may increase their detection threshold by one decibel for each one decibel that the transmitter power is below the maximum permitted. (d) Emissions shall be attenuated below a reference power of 112 milliwatts as follows: 40 dB between the channel edges and 1.25 MHz above or below the channel; 50 dB between 1.25 and 2.5 MHz above or below the channel; and 60 dB at 2.5 MHz or greater above or below the channel. Compliance with the emissions limits is based on the use of measurement instrumentation employing a peak detector function with an instrument resolution bandwidth approximately equal to 1.0 percent of the emission bandwidth of the device under measurement. (e) The frequency stability of the carrier frequency of intentional radiators operating in this sub-band shall be 10 ppm over 10 milliseconds or the interval between channel access monitoring, whichever is shorter. The frequency stability shall be maintained over a temperature variation of -30 to +50 Celsius at normal supply voltage, and over a variation in the primary supply voltage of 85 percent to 115 percent of the rated supply voltage at a temperature of 20 degrees Celsius. For equipment that is only capable of operating from a battery, the frequency stability tests shall be performed using a new battery without any further requirement to vary supply voltage. (f) An asynchronous transmission burst is a series of transmissions from one or more transmitters acting cooperatively. The transmission burst duration from one device or group of devices acting cooperatively shall be no greater than 10 milliseconds. Any intraburst gap between cooperating devices shall not exceed 25 microseconds. (g) Individual unit intraburst transmissions shall be separated by a uniform random-duration interval evenly distributed between 50 and 375 microseconds. III. Part 22 of title 47 of the Code of Federal Regulations is amended as follows: PART 22-PUBLIC MOBILE SERVICE 1. The authority citation for part 22 continues to read as follows: Authority: 47 U.S.C. 154, 303, unless otherwise noted. 2. Section 22.911(b) is revised to read as follows: . 22.911 Permissible communications. * * * * * (b) Base stations in this service are authorized to communicate with associated subscribers. Base stations must also render service to authorized roamers, if such roamers are using mobile equipment that is technically compatible with the base stations. Service may be rendered to mobile stations on board vessels. * * * * * 3. In . 22.930, paragraphs (b), (f), and (g) are removed and reserved. Additionally, the section heading and introductory paragraph are revised to read as follows: . 22.930 Alternative technologies and auxiliary services. Cellular system licensees may employ alternative technologies and may provide auxiliary common carrier services, including personal communications services (as defined in . 99.5 of this chapter) on their assigned cellular spectrum, provided that interference to other cellular systems is not caused. The only fixed service permitted under this section is basic exchange telecommunications radio service. The provisions of this section are referred to as the cellular service option. * * * * * IV. Part 99 of title 47 of the Code of Federal Regulations is revised to read as follows: PART 99-PERSONAL COMMUNICATIONS SERVICES Subpart A-General Information Sec. 99.1 Basis and purpose. 99.2 Other applicable rule parts. 99.3 Permissible communications. 99.5 Terms and definitions. Subpart B-Applications and Licenses General Filing Requirements 99.10 Scope. 99.11 Initial authorization. 99.12 Eligibility. 99.13 MTAs and BTAs. 99.15 License period. 99.16 Criteria for comparative renewal proceedings. Subpart C-Technical Standards 99.50 Scope. 99.51 Equipment authorization. 99.52 RF hazards. 99.53 Calculation of height above average terrain (HAAT). Subpart D-Narrowband PCS 99.100 Scope. 99.102 Licensed service areas. 99.103 Construction requirements. 99.130 Frequencies. 99.131 Authorized bandwidth. 99.132 Power and antenna height limits. 99.133 Emission limits. 99.134 Co-channel separation criteria. 99.135 Frequency stability. Subpart E-Broadband PCS 99.200 Scope. 99.202 Frequencies. 99.204 Cellular eligibility. 99.206 Construction requirements. 99.231 Power and antenna height limits. 99.232 Field strength limits. 99.233 Interference protection. 99.234 Emission limits. 99.235 Frequency stability. Authority: 47 U.S.C. 154, 303, and 332, unless otherwise noted. Subpart A-General Information . 99.1 Basis and purpose. This section contains the statutory basis for this part of the rules and provides the purpose for which this part is issued. (a) Basis. The rules for the personal communications services (PCS) in this part are promulgated under the provisions of the Communications Act of 1934, as amended, that vests authority in the Federal Communications Commission to regulate radio transmission and to issue licenses for radio stations. (b) Purpose. This part states the conditions under which portions of the radio spectrum are made available for PCS. (c) Scope. The rules in this part apply only to stations authorized under this part. Rules in subparts D and E apply only to stations authorized under those subparts. . 99.2 Other applicable rule parts. Other FCC rule parts applicable to licensees in the personal communications services include the following: (a) Part 0. This part describes the Commission's organization and delegations of authority. Part 0 of this chapter also lists available Commission publications, standards and procedures for access to Commission records, and location of Commission Field Offices. (b) Part 1. This part includes rules of practice and procedure for license applications, adjudicatory proceedings, procedures for reconsideration and review of the Commission's actions; provisions concerning violation notices and forfeiture proceedings; and the environmental requirements that, if applicable, must be complied with prior to the initiation of construction. (c) Part 2. This part contains the Table of Frequency Allocations and special requirements in international regulations, recommendations, agreements, and treaties. This part also contains standards and procedures concerning the marketing and importation of radio frequency devices, and for obtaining equipment authorization. (d) Part 5. This part contains rules prescribing the manner in which parts of the radio frequency spectrum may be made available for experimentation. (e) Part 15. This part contains rules setting out the regulations under which an intentional, unintentional, or incidental radiator may be operated without an individual license. It also contains the technical specifications, administrative requirements and other conditions relating to the marketing of part 15 devices. Unlicensed PCS devices operate under subpart D of part 15. (f) Part 17. This part contains requirements for construction, marking and lighting of antenna towers. (g) Part 21. This part contains rules concerning point-to- point microwave service authority relating to communications common carriers. (h) Part 68. This part contains technical standards for connection of terminal equipment to the telephone network. (i) Part 94. This part contains rules concerning the private microwave service relating to point-to-point communication requirements. . 99.3 Permissible communications. PCS licensees may provide any mobile communications service on their assigned spectrum. Fixed services may be provided only on an ancillary basis to mobile operations. Broadcasting as defined in the Communications Act is prohibited. . 99.5 Terms and definitions. Assigned Frequency. The center of the frequency band assigned to a station. Authorized Bandwidth. The maximum width of the band of frequencies permitted to be used by a station. This is normally considered to be the necessary or occupied bandwidth, whichever is greater. Average Terrain. The average elevation of terrain between 3 and 16 kilometers from the antenna site. Base Station. A land station in the land mobile service. Broadband PCS. PCS services operating in the 1850-1890 MHz, 1930-1970 MHz, 2130-2150 MHz, and 2180-2200 MHz bands. Effective Radiated Power (e.r.p.) (in a given direction). The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. Equivalent Isotropically Radiated Power (e.i.r.p.). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. Fixed Service. A radiocommunication service between specified fixed points. Fixed Station. A station in the fixed service. Land Mobile Service. A mobile service between base stations and land mobile stations, or between land mobile stations. Land Mobile Station. A mobile station in the land mobile service capable of surface movement within the geographic limits of a country or continent. Land Station. A station in the mobile service not intended to be used while in motion. Mobile Service. A radiocommunication service between mobile and land stations, or between mobile stations. Mobile Station. A station in the mobile service intended to be used while in motion or during halts at unspecified points. Narrowband PCS. PCS services operating in the 901-902 MHz, 930-931 MHz, and 940-941 MHz bands. National Geodetic Reference System (NGRS): The name given to all geodetic control data contained in the National Geodetic Survey (NGS) data base. (Source: National Geodetic Survey, U.S. Department of Commerce) Personal Communications Services (PCS). Radio communications that encompass mobile and ancillary fixed communication that provide services to individuals and businesses and can be integrated with a variety of competing networks. Subpart B-Applications and Licenses General Filing Requirements . 99.10 Scope. This subpart contains the procedures and requirements for filing applications for licenses to operate radio facilities in the personal communications services. Part 1 of the Commission's rules contains additional applicable procedures governing forms, fees, processing procedures, special temporary authority, assignment or transfer of control, and environmental impact. . 99.11 Initial authorization. (a) An applicant will file an application for an initial authorization in each market and frequency block desired. (b) Blanket licenses are granted for each market and frequency block. Applications for individual sites are not needed and will not be accepted. . 99.12 Eligibility. Any entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310, or .. 99.202(2) or 99.204, is eligible to hold a license under this part. . 99.13 MTAs and BTAs. PCS license areas are based on Major Trading Areas (MTAs) and Basic Trading Areas (BTAs) as defined in the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, pages 36-39. In addition to the MTAs and BTAs, the Commission licenses five insular areas: American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and United States Virgin Islands. (a) There are 51 MTA-based licenses available per frequency block or assigned frequency. (1) There are 47 MTAs as defined by Rand McNally. (2) Alaska is separated from the Seattle MTA and is licensed separately. (3) Guam and the Northern Mariana Islands are licensed as a single MTA-like area. (4) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area. (5) American Samoa is licensed as a single MTA-like area. (b) There are 492 BTA-based licenses available per frequency block or assigned frequency. (1) There are 487 Basic Trading Areas as defined by Rand McNally. (2) American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands are licensed separately as a BTA-like area. . 99.15 License period. Licenses for service areas will be granted for ten year terms from the date of original issuance or renewal. . 99.16 Criteria for comparative renewal proceedings. A renewal applicant involved in a comparative renewal proceeding shall receive a preference, commonly referred to as a renewal expectancy, which is the most important comparative factor to be considered in the proceeding, if its past record for the relevant license period demonstrates that the renewal applicant: (a) Has provided ``substantial'' service during its past license term. ``Substantial'' service is defined as service which is sound, favorable, and substantially above a level of mediocre service which might just minimally warrant renewal; and (b) Has substantially complied with applicable Commission rules, policies and the Communications Act. Subpart C-Technical Standards . 99.50 Scope. This subpart sets forth the technical requirements for use of the spectrum and equipment in the personal communications services. . 99.51 Equipment authorization. (a) Each transmitter utilized for operation under this part and each transmitter marketed, as set forth in . 2.803 of this chapter, must be of a type that has been authorized by the Commission under its type acceptance procedure for use under this part. (b) The Commission periodically publishes a list of type accepted equipment, entitled ``Radio Equipment List, Equipment Accepted for Licensing.'' Copies of this list are available for public reference at the Commission's offices in Washington, DC, at each of its field offices, and may be ordered from its copy contractor. (c) Any manufacturer of radio transmitting equipment to be used in these services may request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter. Equipment authorization for an individual transmitter may be requested by an applicant for a station authorization by following the procedures set forth in part 2 of this chapter. Such equipment if approved or accepted will not normally be included in the Commission's Radio Equipment List but will be individually enumerated on the station authorization. (d) Applicants for type acceptance of transmitters that operate in these services must determine that the equipment complies with IEEE C95.1-1991, ``IEEE Standards for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz'' as measured using methods specified in IEEE C95.3-1991, ``Recommended Practice for the Measurement of Potentially Hazardous Electromagnetic Fields-RF and Microwave.'' The applicant for type acceptance is required to submit a statement affirming that the equipment complies with these standards as measured by an approved method and to maintain a record showing the basis for the statement of compliance with IEEE C.95.1-1991. . 99.52 RF hazards. Manufacturers are required to ensure that their equipment complies with IEEE C95.1-1991. For the purposes of determining compliance with this standard, all equipment shall be considered to operate in an ``uncontrolled'' environment. . 99.53 Calculation of height above average terrain (HAAT). (a) HAAT is determined by subtracting average terrain elevation from antenna height above mean sea level. (b) Average terrain elevation shall be calculated using elevation data from a 30 arc second or better Digital Elevation Models (DEMs). DEM data is available from United States Geological Survey (USGS). The data file shall be identified. If 30 arc second data is used, the elevation data must be processed for intermediate points using interpolation techniques; otherwise, the nearest point may be used. If DEM data is not available, elevation data from the Defense Mapping Agency's Digital Chart of the World (DCW) may be used. (c) Radial average terrain elevation is calculated as the average of the elevation along a straight line path from 3 to 16 kilometers extending radially from the antenna site. At least 50 evenly spaced data points for each radial shall be used in the computation. (d) Average terrain elevation is the average of the eight radial average terrain elevators (for the eight cardinal radials). (e) The position location of the antenna site shall be determined to an accuracy of no less than #5 meters in both the horizontal (latitude and longitude) and vertical (ground elevation) dimensions with respect to the National Geodetic Reference System. Subpart D-Narrowband PCS . 99.100 Scope. This subpart sets out the regulations governing the licensing and operations of personal communications services authorized in the 901-902, 930-931, and 940-941 MHz bands (900 MHz band). . 99.102 Licensed service areas. PCS in the 900 MHz band is available on a nationwide, Major Trading Area (MTA), and Basic Trading Area (BTA) basis. MTA and BTA-based licenses are defined in . 99.13. (a) The 11 nationwide licenses are for the 50 states, District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and United States Virgin Islands. (b) In each of the 51 MTA service areas, there are 13 licenses available. (c) In each of the 492 BTA service areas, there are 10 licenses available. The eight unpaired mobile transmit channels are available only to public mobile service licenses and private land mobile radio service licensees. . 99.103 Construction requirements. (a) Licensees of nationwide service area channels must construct at least 250 base stations within five years of being licensed and at least 500 base stations ten years of being licensed and notify the Commission when each benchmark is met. (b) MTA licensees must construct base stations to provide coverage to approximately 25 percent of the geographic area of their licensed service area within five years of being licensed and 50 percent of the geographic area of their licensed service area within ten years of being licensed. Alternatively, licensees of MTA service area channels must construct at least 25 base stations within five years of being licensed and 50 base stations within ten years of being licensed. In either case, the MTA licensee must notify the Commission when each benchmark is met. (c) Licensees of BTA service area channels must construct at least one base station and begin providing service in their licensed service area within one year of being licensed and notify the Commission when the benchmark is met. (d) In evaluating compliance with the above construction requirements, each base station will be considered to serve a geographic area of 3000 square kilometers. In the case of low power base stations, compliance with the construction requirements will be determined by aggregating the actual service areas of the low power stations divided by 3000 square kilometers to determine an equivalent number of base stations. (e) Failure by any licensee to meet the above construction requirements will result in forfeiture of the license and the licensee will be ineligible to regain it. . 99.130 Frequencies. (a) Narrowband PCS frequencies, listed in the following tables by assigned frequency, are available on a symmetrically paired, asymmetrically paired, and unpaired basis. The licenses are availble on a nationwide, Major Trading Area (MTA), and Basic Trading Area (BTA) basis. Symmetrically Paired Frequencies (MHz) ----------------+--------------+---------------------------------------------- Base transmit | Mobile | (50 kHz | transmit (50 | License area bandwidth) | kHz | | bandwidth) | ----------------+--------------+---------------------------------------------- | | 940.025 | 901.025 | Nationwide. 940.075 | 901.075 | Nationwide. 940.125 | 901.125 | Nationwide. 940.175 | 901.175 | Nationwide. 940.225 | 901.225 | Nationwide. 940.275 | 901.275 | MTA. 940.325 | 901.325 | MTA. 940.375 | 901.375 | MTA. 940.425 | 901.425 | MTA. ----------------+--------------+---------------------------------------------- Asymmetrically Paired Frequencies (MHz) ----------------+--------------+---------------------------------------------- Base transmit | Mobile | (50 kHz | transmit | License area bandwidth) | (12.5 kHz | | bandwidth) | ----------------+--------------+---------------------------------------------- | | 930.425 | 901.75625 | Nationwide. 930.475 | 901.76875 | Nationwide. 930.525 | 901.78125 | Nationwide. 930.575 | 901.79375 | MTA. 930.625 | 901.80625 | MTA. 930.675 | 901.81875 | MTA. 930.725 | 901.83125 | MTA. 930.775 | 901.84375 | MTA. 930.825 | 901.85625 | MTA. 930.875 | 901.86875 | MTA. 930.925 | 901.88125 | BTA. 930.975 | 901.89375 | BTA. ----------------+--------------+---------------------------------------------- Unpaired Frequencies (MHz) ---------------------------------------------------------+-------------------- | License area ---------------------------------------------------------+-------------------- | Mobile transmit {1} (12.5 kHz bandwidth): | 901.90625, 901.94375, 901.98125, 901.91875, 901.95625, | BTA 901.99375, 901.93125, 901.96875. | Base or mobile transmit (50 kHz bandwidth): | 940.775, 940.825, 940.875 ............................ | Nationwide 940.925, 940.975 ..................................... | MTA ---------------------------------------------------------+-------------------- {1} Limited to paging licensees authorized under parts 22 and 90 of this chapter. (b) A single licensee is permitted to hold licenses for up to three 50 kHz channels, paired or unpaired. This limit is based on the total spectrum in the licensee's nationwide, MTA, and BTA licenses at any geographic point. . 99.131 Authorized bandwidth. The authorized bandwidth of narrowband PCS channels will be 10 kHz for 12.5 kHz channels and 45 kHz for 50 kHz channels. For aggregated adjacent channels, a maximum authorized bandwidth of 5 kHz less than the total aggregated channel width is permitted. . 99.132 Power and antenna height limits. (a) Stations transmitting in the 901-902 MHz ban are limited to 7 watts e.r.p. (b) Mobile stations transmitting in the 930-931 MHz and 940- 941 MHz bands are limited to 7 watts e.r.p. (c) Base stations transmitting in the 930-931 MHz and 940- 941 MHz bands are limited to 3500 watts e.r.p. per authorized channel and are unlimited in antenna height except as provided in paragraph (d) of this section. (d) MTA and BTA base stations located between 200 kilometers (124 miles) and 80 kilometers (50 miles) from their licensed service area border are limited to the power levels in the following table: -----------------------------------------------------+------------------------ Antenna HAAT in meters (feet) (see . 99.53 for HAAT | Effective radiated calculation method) | power (e.r.p.) | (watts) -----------------------------------------------------+------------------------ | 183 (600) and below ................................ | 3500 183 (600) to 208 (682) ............................. | 3500 to 2584 208 (682) to 236 (775) ............................. | 2584 to 1883 236 (775) to 268 (880) ............................. | 1883 to 1372 268 (880) to 305 (1000) ............................ | 1372 to 1000 305 (1000) to 346 (1137) ........................... | 1000 to 729 346 (1137) to 394 (1292) ........................... | 729 to 531 394 (1292) to 447 (1468) ........................... | 531 to 387 447 (1468) to 508 (1668) ........................... | 387 to 282 508 (1668) to 578 (1895) ........................... | 282 to 206 578 (1895) to 656 (2154) ........................... | 206 to 150 656 (2154) to 746 (2447) ........................... | 150 to 109 746 (2447) to 848 (2781) ........................... | 109 to 80 848 (2781) to 963 (3160) ........................... | 80 to 58 963 (3160) to 1094 (3590) .......................... | 58 to 42 1094 (3590) to 1244 (4080) ......................... | 42 to 31 1244 (4080) to 1413 (4636) ......................... | 31 to 22 Above 1413 (4636) .................................. | 16 -----------------------------------------------------+------------------------ For heights between the values listed above, linear interpolation shall be used to determine maximum e.r.p. (e) MTA and BTA base stations located less than 80 kilometers (50 miles) from the licensed service area border must limit their effective radiated power in accordance with the following formula: PW = 0.0175 x dKM 6.6666 x hM -3.199 7 PW is effective radiated power in watts. dKM is distance in kilometers. hM is antenna HAAT in meters; see . 99.53 for HAAT calculation method. (f) All power levels specified in this section are expressed in terms of the maximum power, averaged over a 100 millisecond interval, when measured with instrumentation calibrated in terms of an rms-equivalent voltage with a resolution bandwidth equal to or greater than the authorized bandwidth. (g) Additionally, PCS stations will be subject to any power limits imposed by international agreements. . 99.133 Emission limits. (a) The power of any emission shall be attenuated below the transmitter power (P), as measured in accordance with . 99.132(f), in accordance with the following schedule: (1) For transmitters authorized a bandwidth greater than 10 kHz: (i) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (fD in kHz) of up to and including 40 kHz: at least 116 Log10 ((fD+10)/6.1) decibels or 50 plus 10 Log10 (P) decibels or 70 decibels, whichever is the lesser attenuation; (ii) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (fD in kHz) of more than 40 kHz: at least 43 Log10 (P) decibels or 80 decibels, whichever is the lesser attenuation. (2) For transmitters authorized a bandwidth of 10 kHz: (i) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (fD in kHz) of up to and including 20 kHz: at least 116 x Log10 ((fD+5)/3.05) decibels or 50+10xLog10 (P) decibels or 70 decibels, whichever is the lesser attenuation; (ii) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (fD in kHz) of more than 20 kHz: at least 43+10 Log 10 (P) decibels or 80 decibels, whichever is the lesser attenuation. (b) The measurements of emission power can be expressed in peak or average values provided they are expressed in the same parameters as the transmitter power. (c) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. (d) The following minimum spectrum analyzer resolution bandwidth settings will be used: 300 Hz when showing compliance with paragraphs (a)(1)(i) and (a)(2)(i) of this section; and 30 kHz when showing compliance with paragraphs (a)(1)(ii) and (a)(2)(ii) of this section. . 99.134 Co-channel separation criteria. The minimum co-channel separation distance between base stations in different service areas is 113 kilometers (70 miles). A co- channel separation distance is not required for the base stations of the same licensee or when the affected parties have agreed to other co-channel separation distances. . 99.135 Frequency stability. (a) The frequency stability of the transmitter shall be maintained within # 0.0001 percent (# 1 ppm) of the center frequency over a temperature variation of -30 Celsius to +50 Celsius at normal supply voltage, and over a variation in the primary supply voltage of 85 percent to 115 percent of the rated supply voltage at a temperature of 20 Celsius. (b) For battery operated equipment, the equipment tests shall be performed using a new battery without any further requirement to vary supply voltage. (c) It is acceptable for a transmitter to meet this frequency stability requirement over a narrower temperature range provided the transmitter ceases to function before it exceeds these frequency stability limits. Subpart E-Broadband PCS . 99.200 Scope. This subpart sets out the regulations governing the licensing and operations of personal communications services authorized in the 1850-1890, 1930-1970, 2130-2150, and 2180-2200 MHz bands. . 99.202 Frequencies. The frequencies available in the Broadband PCS service are listed in this section in accordance with the frequency allocations table of . 2.106. (a) The following frequency blocks are available for assignment on an MTA basis: Block A: 1850-1865 MHz paired with 1930-1945 MHz; and, Block B: 1865-1880 MHz paired with 1945-1960 MHz. (b) The following frequency blocks are available for assignment on a BTA basis: Block C: 1880-1890 MHz paired with 1960-1970 MHz; Block D: 2130-2135 MHz paired with 2180-2185 MHz; Block E: 2135-2140 MHz paired with 2185-2190 MHz; Block F: 2140-2145 MHz paired with 2190-2195 MHz; and, Block G: 2145-2150 MHz paired with 2195-2200 MHz. (c) PCS licensees shall not have an ownership interest in frequency blocks that total more than 40 MHz and serve the same geographic area. For the purpose of this section, PCS licensees are entities having an ownership interest of 5 or more percent in a PCS license. . 99.204 Cellular eligibility. Entities that have attributable ownership interest of 20 percent or more in an entity that is a licensee in the Domestic Public Cellular Radio Telecommunications Service shall not be eligible for assignment of more than one 10 MHz frequency block in any PCS service area where its cellular geographic service area (CGSA) includes 10 or more percent of the population of the PCS service area as determined by the 1990 census, i.e., 10 or more percent of the population of the respective BTA or MTA is within the CGSA. Note 1: For purposes of the 20 percent cellular attribution limit, all ownership interests in cellular operations that serve 10 or more percent of the population of the PCS service area should be included in determining the extent of a PCS applicant's cellular ownership. Note 2: When a party owns attributable interest in more than one cellular system that overlaps a PCS service area, the total population in the overlap area will apply on a cumulative basis. . 99.206 Construction requirements. Licensees must serve with a signal level sufficient to provide adequate service to at least one-third of the population in their licensed area within five years of being licensed, two- thirds of the population in their licensed area within seven years of being licensed, and 90 percent of the population in their licensed area within ten years of being licensed. Population is defined as the 1990 census population. Failure by any licensee to meet these requirements will result in forfeiture of the license and the licensee will be ineligible to regain it. . 99.231 Power and antenna height limits. (a) Base stations are limited to 100 watts (e.i.r.p.) peak power with an antenna height up to 300 meters HAAT. See section 99.53 for HAAT calculation method. Base station antenna heights may exceed 300 meters with a corresponding reduction in power; see Table 1 of this section. The service area boundary limit and microwave protection criteria specified in .. 99.232 and 99.233 apply. Table 1.-Reduced Power for Base Station Antenna Heights Over 300 Meters --------------------------------------------------------------+--------------- | Maximum HAAT-meters (feet) | E.I.R.P. | (watts) --------------------------------------------------------------+--------------- | 300 (984) .................................................. | 100 500 (1640) ................................................. | 65 1000 (3280) ................................................ | 30 500 (4920) ................................................. | 15 2000 (6560) ................................................ | 10 --------------------------------------------------------------+--------------- (b) Mobile/portable stations are limited to 2 watts e.i.r.p. peak power and the equipment must employ means to limit the power to the minimum necessary for successful communications. (c) Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. . 99.232 Field strength limits. The predicted or measured median field strength at any location on the border of the PCS service area shall not exceed 47 dBuV/m unless the parties agree to a higher field strength. . 99.233 Interference protection. (a) Before filing an application for new or modified facilities under this part, the applicant must perform an engineering analysis to assure that the proposed facilities will not cause interference to existing OFS stations within the coordination distance specified in Table 2 of a magnitude greater than that specified in the criteria set forth in paragraphs (b) and (c) of this section, unless there is prior agreement with the affected OFS licensee. See . 99.53 for HAAT calculation method. Interference calculations shall be based on the sum of the power received at the terminals of each microwave receiver from all of the applicant's current and proposed PCS operations. Table 2.-Coordination Distances in Kilometers (Miles)-PCS Base Station Antenna HAAT in Meters (Feet) -------------+--------+--------+--------+--------+--------+--------+--------+--------+--------+--------+---------+---------+---------+----------- | 5(16) | 10(33) | 20(66) | 30(98) | 50(164)| 100 | 150 | 200 | 250 | 300 | 500 | 1000 | 1500 | 2000 | | | | | | (328) | (492) | (656) | (820) | (984) | (1640) | (3281) | (4922) | (6562) -------------+--------+--------+--------+--------+--------+--------+--------+--------+--------+--------+---------+---------+---------+----------- | | | | | | | | | | | | | | EIRP (Watts) | | | | | | | | | | | | | | : | | | | | | | | | | | | | | 1.......... | 99 | 103 | 108 | 112 | 119 | 131 | 140 | 148 | 155 | 161 | 182 | 219 | 248 | 272 | (62) | (64) | (67) | (70) | (74) | (82) | (87) | (92) | (96) | (100) | (113) | (136) | (154) | (169) 2.......... | 120 | 123 | 126 | 129 | 134 | 142 | 149 | 154 | 159 | 164 | 185 | 222 | 251 | 275 | (75) | (76) | (78) | (80) | (83) | (88) | (92) | (96) | (99) | (102) | (115) | (138) | (156) | (171) 5.......... | 154 | 157 | 161 | 164 | 168 | 177 | 183 | 189 | 194 | 198 | 214 | 242 | 264 | 283 | (96) | (98) | (100) | (102) | (105) | (110) | (114) | (117) | (121) | (123) | (133) | (150) | (164) | (176) 10......... | 181 | 183 | 187 | 190 | 195 | 203 | 210 | 216 | 221 | 225 | 240 | 269 | 291 | 310 | (112) | (114) | (116) | (118) | (121) | (126) | (130) | (134) | (137) | (140) | (149) | (167) | (181) | (193) 20......... | 207 | 209 | 213 | 216 | 221 | 230 | 236 | 242 | 247 | 252 | 267 | 296 | | | (128) | (130) | (133) | (134) | (137) | (143) | (147) | (150) | (154) | (156) | (166) | (184) | | 50......... | 241 | 244 | 248 | 251 | 256 | 265 | 271 | 277 | 282 | 287 | 302 | | | | (150) | (152) | (154) | (156) | (159) | (164) | (169) | (172) | (175) | (178) | (188) | | | 100........ | 267 | 270 | 274 | 277 | 282 | 291 | 298 | 304 | 309 | 313 | | | | | (166) | (168) | (170) | (172) | (175) | (181) | (185) | (189) | (192) | (195) | | | | -------------+--------+--------+--------+--------+--------+--------+--------+--------+--------+--------+---------+---------+---------+----------- Note: If actual value does not match table values, round to the closest higher value on this table. (b) For microwave paths of 25 kilometers or less, interference determinations shall be based on the C/I criteria set forth in EIA/TIA Telecommunications Systems Bulletin 10-E, ``Interference Criteria for Microwave Systems in the Private Radio Services,'' November 1990, (TSB10-E). (c) For microwave paths longer than 25 kilometers, the interference protection criterion shall be such that the interfering signal will not produce more than 1.0 dB degradation of the practical threshold of the microwave receiver for analog systems, or such that the interfering signal will not cause an increase in the bit error rate (BER) from 10.-6 to 10.-5 for digital systems. (d) The development of the C/I ratios and interference criteria specified in paragraphs (b) and (c) of the section and the methods employed to compute the interfering power at the microwave receivers shall follow generally acceptable good engineering practices. The procedures described for computing interfering signal levels in Appendix D of the Second Report and Order, GEN Docket No. 90-314, FCC 93-451 shall be applied. Alternatively, procedures for determining interfering signal levels and other criteria as may be developed by the Electronics Industries Association (EIA), the Institute of Electrical and Electronics Engineers, Inc. (IEEE), the American National Standards Institute (ANSI) or any other recognized authority will be acceptable to the Commission. . 99.234 Emission limits. (a) On any frequency outside all PCS spectrum, the power of any emission shall be attenuated below the transmitter power (P) by at least 43 plus 10 log10 (P) decibels or 80 decibels, whichever is the lesser attenuation. Note: The measurements of emission power can be expressed in peak or average values, provided they are expressed in the same parameters as the transmitter power. (b) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. . 99.235 Frequency stability. The frequency stability shall be sufficient to ensure that the fundamental emission stays within the authorized frequency block. Federal Communications Commission LaVera F. Marshall, Acting Secretary. [FR Doc. 93-27336 Filed 11-5-93; 8:45 am] BILLING CODE 6712-01-M ------------------------------------------------------ The Contents entry for this article reads as follows: Radio broadcasting: Personal communications services establishment, 59174