9 FCC Red No. 24 Federal Communications Commission Record FCC 94-213 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Report to Ronald H. Brown Secretary, U.S. Department of Commerce Regarding the Preliminary Spectrum Reallocation Report By the Commission: Adopted: August 9, 1994; Released: August 9, 1994 TABLE OF CONTENTS I. INTRODUCTION 2 II. BACKGROUND 3 III. ANALYSIS OF COMMENTS 4 IV. ANALYSIS OF SPECTRUM IDENTIFIED FOR REALLOCATION 12 V. DISCUSSION 21 VI. RECOMMENDATIONS 30 I. INTRODUCTION 1. One year ago, Congress directed the Secretary of Com merce to identify at least 200 megahertz of spectrum currently allocated on a primary basis for Federal Govern ment use which is not required for present or identifiable future use by the Federal Government, and which is most likely to have the greatest potential for productive uses and public benefit if allocated for non-Federal use. On Feb ruary 10, 1994, the Secretary of Commerce released its Preliminary Spectrum Reallocation Report (Preliminary Report) 1 identifying spectrum for reallocation from Federal Government use to private sector, including local govern ment, use. The public was then afforded an opportunity to comment on the Preliminary Report. In general, parties filing comments praised NTIA for its efforts in preparing the Preliminary Report, but stated that the proposals re quire modifications to better satisfy the public's spectrum requirements. This report provides an analysis of the com ments, a discussion of possible alternative bands of spec trum, and a supplemental spectrum reallocation plan that we believe would enhance dramatically the viability of the reallocated spectrum for commercial and local governmen tal use.2 2. Although the Department of Commerce has complied with the requirements enacted by Congress, we believe that considering possible changes to the reallocation plan pre sented in the Preliminary Report could result in even greater benefits to the public. In preparing its final report we request NTIA to seek to provide the large blocks of spectrum required to accommodate high volumes of com munications and the wide bandwidths necessary to transmit communications such as video. The private sector would also benefit from access to blocks of spectrum that can be readily paired and used to accommodate emerging technol ogies such as mobile satellite service. II. BACKGROUND 3. The Omnibus Budget Reconciliation Act of 19933 (Reconciliation Act), which was signed into law on August 10. 1993. requires that the Secretary of Commerce identify at least 200 megahertz of spectrum currently allocated for use by Federal Government agencies, for transfer to the FCC for use by the private sector.4 All of the 200 megahertz of spectrum recommended for reallocation must be located below 5 gigahertz, with at least 100 megahertz of this being below 3 gigahertz.5 The Reconciliation Act re quired that the Secretary of Commerce issue a report within six months of the date of its enactment that makes a preliminary identification of reallocable bands of frequen cies that meet criteria established by the Act. The Rec onciliation Act further required the Secretary of Commerce to identify 50 megahertz of the 200 megahertz of spectrum that can be made available for reallocation immediately upon issuance of the preliminary report.6 At least one-half of the 50 megahertz identified for immediate reallocation must be below 3 gigahertz and all of it must be identified for exclusive non-Federal use. The President must withdraw the assignment to a Federal Government station of any frequency recommended for immediate reallocation within 6 months of release of the preliminary report so that the spectrum is then available for exclusive non-Federal use.7 1 NTIA Special Publication 94-27. 2 This report satisfies Title VI, Section 113(d)(3) of the Om nibus Budget Reconciliation Act of 1993, which requires that the Federal Communications Commission submit to the Sec retary of Commerce an analysis of comments, along with any comments or recommendations it deems appropriate, filed in response to the Department of Commerce's preliminary report identifying spectrum for reallocation from Federal Government use to private sector use. 3 Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, Title VI, § 6001(a)(3), 107 Stat. 312 (approved August 10, 1993); see also H.R. Rep. No. 103-213, 103rd Cong., 1st Sess. (1993). The Communications Act of 1934 authorized the FCC to assign frequencies to all radio stations in the United States except those belonging to the Federal Government. Use of the term "private sector" refers to commercial entities, private en tities, local governments, and public safety organizations. Sec tion 305 of the Communications Act, 47 U.S.C. § 305, authorizes the President to assign frequencies to Federal Gov ernment stations. This authority has been delegated to the Assistant Secretary of Commerce for Communications and In formation (who is also the Administrator of the National Tele communications and Information Administration). See Pub. Law 102-538, 106 Stat. 3533 (1992). 5 The Reconciliation Act permits up to 100 megahertz of the spectrum recommended for reallocation to be retained for some use by Federal Government stations provided that the Govern ment use is limited to substantially less than the potential use to be made by non-Government stations (this would be consid ered "mixed use" spectrum). Reconciliation Act § 113(b). 6 Reconciliation Act § 113(e)(2)(A). ' i.e., by August 10, 1994. The Reconciliation Act does contain a provision whereby the President can substitute alternative 6793 FCC 94-213 Federal Communications Commission Record 9 FCC Red No. 24 4. In compliance with the timing requirements of the Reconciliation Act, on February 10, 1994, the Department of Commerce released its report making a preliminary identification of spectrum for reallocation.8 The frequency bands, including conditions on use, that Commerce has identified for reallocation are listed in Table 1. 5. The Reconciliation Act provided a 90 day period from the release of the Preliminary Report during which inter ested parties could file comments with the Secretary of Commerce regarding the report and its recommendations. That 90 day period ended May 11, 1994. A total of 47 comments were filed, copies of which were provided to the FCC by the Department of Commerce.9 The Reconciliation Act requires that, 90 days from the end of the public comment period, the Commission submit to the Secretary of Commerce an analysis of the public comments, along with any comments or recommendations it deems appro priate. The Department of Commerce is to consider the public comments and the Commission's report and, is required to submit to the President and Congress a final report identifying and recommending spectrum for reallocation by February 10, 1995. 10 HI. ANALYSIS OF COMMENTS 6. A total of 47 parties filed comments in response to the Preliminary Report. These comments can be divided into four general groups; 1) federal agencies, 2) amateur radio service licensees and organizations, 3) manufacturers and users of equipment authorized under Part 15 of the Com mission's rules, and 4) other commercial and local govern ment interests. A list of commenters is attached as Appendix A. The commenters discussed the frequency bands proposed for reallocation as well as the process NTIA followed to arrive at the proposals. frequencies if he determines that: 1) the reassignment would jeopardize the national defense interests, 2) the frequency pro posed for reassignment is uniquely suited to meeting important governmental needs, 3) the reassignment would seriously jeop ardize health or safety, 4) the reassignment will result in costs in costs the Federal Government that are excessive in relation to the benefits that may be obtained from commercial or other non-Federal uses, or 5) the reassignment will disrupt the exist ing use of a Federal Government band of frequencies by ama teur radio licensees. See Reconciliation Act § 114. 8 Preliminary Spectrum Reallocation Report, U.S. Department of Commerce, NTIA Special Publication 94-27, February, 1994 (Preliminary Report). Five of the commenters, the Florida Department of Trans portation, the U.S. Department of Justice, the Maine Turnpike Authority, the National Hydrologic Warning Council, and the Department of Energy, filed comments after the May 11, dead line. These comments will, however, still be considered. 10 See Reconciliation Act § 113. 6794 9 FCC Red No. 24 Federal Communications Commission Record FCC 94-213 I L. Cu

e'•5 u «3 "t;S « a ^ It^, eu o «2| ,^2 oC •-• * g tf tri >a 00 TJa| 2 g adjacent s recomm sfS*73 ^ C ^3 S M ^> ? S (^j • " O "O 203 bJ ONON ON~- 1 1 "2 o 1 |— i "S o u I e Extensive co (^5 CN S3 "o Xis ^ N ffi5 Jor~ ^— N o r-' * L. 1C8 _G W O 1 Q.en O No airborne allocation NO ON ON ' — * & 1 "c o c 1 OJ oO 1C1 o N 5* o ^Ors ro(N ^E • r.en _C W 2 en 0 No airborne allocation 1•3 ue "c o 0) 1 u oO 1c oZ o N ffi*5 o o 04 OON mCN | +-I 1i ts1 •b" ec3 •a" t/3 0^ •3 ^; ^f (N rso (N en1 TJ Sen 'S ou 83 1 1a 00 '_S T3 Adjacent to 1 recommende ONON ON~* 1 °T3 UXs o Na 5§ f*^.r^i o NO CO o X1 1 i'g i3 Satellite use r-ON ON*•"i* 1•Is o u 1cu OO co Z (N N 5 O VO ^^1 \o"* DO o X•B I ^^jQ 1 Satellite use 1> • 2 »—— ^ "c og Iu oO cz fN N X]S> cxiNO ^J* o^o ^ (N ^H o o cx cnen c en JO in T3 2 ex t/1c 6795 FCC 94-213 Federal Communications Commission Record 9 FCC Red No. 24 Government Agencies 7. Comments were received from sixteen Government agencies. They focused on the impact that would result from reallocation of the spectrum identified in the Prelimi nary Report. No agency opposed reallocation of the pro posed bands. However, a number of agencies noted that imposition of conditions on non-Government use of cer tain bands is critical to protect Government operations on adjacent bands. This is especially true for agencies perform ing space services, such as the National Aeronautics and Space Administration (NASA), the National Research Council (NRC). and Cornell University and The National Astronomy and Ionosphere Center (Cornell). One or all of these organizations stressed the need to prevent use of the 1390-1400 MHz, 1427-1432 MHz, 1670-1675, MHz, 1710-1755 MHz. 2390-2400, and 2402-2417 MHz bands for Space-to-Earth links or aeronautical applications. 11 Agen cies also stressed the need to maintain the delayed reallocation schedule for certain frequency bands and the need to continue use of some Government facilities as proposed in the Preliminary Report. 12 Some agencies that will be affected by reallocation of the proposed spectrum provided estimated costs associated with the requirement to move operations to other bands or to find alternate meth ods of meeting the agency's requirements (e.g., commu nicate via leased lines, or obtain service from a commercial provider). 13 No Government Agencies proposed alternative bands for reallocation. Amateur Service 8. Fifteen comments were received by licensees and or ganizations associated with the amateur radio service. These commenters uniformly oppose reallocation of the 2300-2310 MHz. 2390-2400 MHz, and 2402-2417 MHz bands because of the potential impact on amateur oper ations. These bands are currently allocated for use by the amateur radio service on a secondary basis to government services. Although commenters concur with the Prelimi nary Report's assertion that these bands are not as heavily used as lower frequency bands available to the Amateur service, they also contend that use of these bands is increas ing and that there are a number of existing operations that will be affected by reallocating the spectrum. 9. Current amateur service uses of this band include amateur television repeaters. The Chief of Police of the City of Martinez, California, states that an amateur televi sion repeater in the San Francisco region currently serves emergency agencies and argues that reallocation of the spectrum in the 2.4 GHz band from the amateur service would have a negative impact on public safety. 14 In addi tion, commenters state there are a number of amateur radio point-to-point microwave links operating in these bands in the southwestern United States 15 and that these links provided vital communications during the Los Angeles earthquake earlier this year when normal tele phone service was disrupted. 16 Commenters also indicate that there are more than 200 weak-signal amateur radio stations in operation in the United States. 17 These stations receive very weak signals that are transmitted over long distance using a variety of propagation methods and are extremely susceptible to interference. 10. Entities filing comments dispute the Preliminary Re port's contention that amateur service requirements could be accommodated in the remaining 35 megahertz of spec trum in the 2400-2402 MHz and 2417-2450 MHz bands that would still be available to the amateur service on a secondary basis to Federal Government operations. Most amateur service microwave links use frequencies in the 2300-2310 MHz band paired with frequencies in the 2390-2400 MHz band in accordance with a band plan adopted by SCRRBA. Commenters state that continued point-to-point microwave operations require paired fre quencies separated by at least 40 megahertz but less than 140 megahertz, and that under the Preliminary Report's reallocation plan it would not be possible to accommodate such use. 18 In addition, weak signal operations require approximately 1 megahertz of uncluttered spectrum. Under the SCRRBA band plan, these operations are currently located in the 2303.75-2304.75 MHz band. SCRRBA states that weak signal operations require uncluttered spectrum and that these operations cannot share spectrum with the Amateur-satellite service operations in the 2400-2402 MHz band and cannot operate in the noisy 2417-2450 MHz band. 10 11. Commenters also state that the 2400-2402 MHz band is insufficient to accommodate planned Amateur service satellite operations. They point out that, because the Ama teur satellite service generally uses low earth orbit satellites, effective development of Amateur satellite operations re quires world-wide allocations. Modifying the allocation in the U.S. could, therefore, have a negative impact on Ama teur-satellite service operations around the world.20 Commenters further contend that at least 10 megahertz of spectrum is needed at 2400-2410 MHz to provide a matched downlink band to the 10 megahertz uplink band in the 1260-1270 MHz band. Additional downlink spec trum may also be required in this band to match uplink 11 NASA comments at Attachment 2, NRC comments at 5 and 11-14, Cornell comments at 3-5. It is unclear from these com ments whether NRC and Cornell seek to prevent use of the entire 1710-1755 MHz band for Space-to-Earth links and aero nautical applications. Both commenters single out the 1718.8-1722.2 MHz band, which contains the fourth transition of the ground state of the OH radical, for protection, but state that airborne and space-to-Earth stations should be prohibited in this band and "adjacent bands." NRC at 13, Cornell at 5. 12 See comments of the National Oceanic and Atmospheric Administration regarding use of the 1670-1675 MHz, and 1710-1755 MHz bands, and comments of the National Commu nications System at 3-4 regarding delayed reallocation of the 1710-1755 MHz band. 13 See comments of the National Aeronautics and Space Ad ministration, Department of the Army, Department of the Treasury, Department of the Interior, National Oceanic and Atmospheric Administration, Department of Agriculture. De partment of Justice, and Department of Energy. City of Martinez, California, Chief of Police comment at 1-2. 15 The Southern California Repeater and Remote Base Associ ation (SCRRBA) database shows 22 conventional medium bandwidth point-to-point terminals and 10 Digital narrowband terminals. SCRRBA comments at 5. 16 San Bernardino Microwave Society, Inc. comments at 4, Southern California Repeater and Remote Base Association comments at 3, Amateur Radio Council of Arizona comments at 1.17 American Radio Relay League comments at 14. 18 SCRRBA comments at 8. 19 SCRRBA comments at 8. 20 Radio Amateur Satellite Corporation comments at 3-12. 6796 9 FCC Red No. 24 Federal Communications Commission Record FCC 94-213 spectrum in the 3400-3410 and 5650-5670 MHz bands.21 Fi nally, the commenting parties note that the proposed reallocation will crowd Amateur service users into the least desirable spectrum in the 2417-2450 MHz band.22 This spectrum is less desirable because, the 2417-2450 MHz is at the center of the 2400-2500 MHz band available for use by Industrial, Scientific, and Medical devices and is noisier than the 2400-2417 MHz band.23 12. Several Amateur service commenters provide sugges tions as to how the Department of Commerce could lessen the impact of reallocation on the Amateur service. The San Bernardino Microwave Society suggests identifying the 2417-2422 MHz band for reallocation rather than the 2300-2305 MHz band and giving the Amateur service pri mary status for use of the 2300-2305 MHz band.24 The SCRRBA requests that the reallocation proposal be modi fied to retain the 2303.75-2304.75 MHz band for weak signal use, and that amateur point-to-point operations dis placed by the spectrum reallocation be accommodated by allocating two 6-megahertz bands for amateur point-to- point use in the 2310-2390 MHz band. If the Department of Commerce reconsiders reallocating portions of the ama teur service bands identified in the Preliminary Report, SCRRBA proposes that, if necessary, the Department of Commerce could make up for a spectrum short-fall by substituting a like amount of spectrum between 2417-2425 MHz.25 The ARRL proposes allocating spectrum in the 2360-2390 MHz band to accommodate Amateur operations displaced by the proposed reallocation.26 Part 15 Manufacturers 13. Comments were filed by three companies that manu facture equipment used on an unlicensed basis as autho rized under Part 15 of the Commission's rules. These commenters focus on the 2402-2417 MHz band, which is already available for private use under Part 15 of our Rules.27 In 1985 the Commission amended Part 15 of the Rules to permit development and use of spread spectrum systems in the bands 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 8MHz with up to 1 watt transmitter output power.28 In 1990, to further encourage the development and implementation of this "exciting new family of tech nologies" the Commission modified Part 15 of its rules to maximize the flexibility and broaden the opportunities for spread spectrum devices.29 Our attempts to encourage this development have been successful and today millions of Part 15 spread spectrum devices provide a wide variety of communications services as well as services such as auto mated meter reading, inventory control, package tracking and shipping control, alarm devices, local area networks, and cordless phones. Although the majority of Part 15 spread spectrum devices currently operate in the 902-928 MHz band, commenters point out that considerable invest ment has been made in developing equipment to operate in the 2400-2483.5 MHz band.30 Recently, spread spectrum equipment including wireless local area networks, a wire less intercom headset, and a new type of cordless phone have been approved for use in the 2400-2483.5 MHz band and it is likely that use of this band by spread spectrum devices will increase. Commenters contend that reallocation of the 2402-2417 MHz band will jeopardize the future of advanced communications systems that are being developed under Part 15.31 Other Manufacturers, Licensees, and Local Governments 14. Comments were filed by thirteen other entities, in cluding equipment manufacturers, satellite service provid ers, public safety and utility organizations, and local governments. A number of these commenters noted a need for the Government to provide larger blocks of spectrum below 3 GHz. These commenters state that blocks of spec trum wider than 5 or 10 megahertz and unimpeded by continued government use are required to support wide area communications systems and to support systems ca pable of providing telecommunications technologies such as full motion video and high speed transmission of high resolution graphics.32 These commenters also state that NTIA failed to adequately consider the needs of private radio users, particularly public safety entities, and that NTIA should do so in its final report.33 15. Parties with an interest in satellite services noted that some of the proposed spectrum, particularly the blocks above 3 GHz, would be useful for the fixed satellite service (FSS). These entities argue, however, that additional spec trum forsatellite services is required.34 Although the Rec onciliation Act requires that only spectrum below 5 GHz be considered toward fulfilling the 200 megahertz mini mum requirement, Loral/Qualcomm urges NTIA to look at reallocation of spectrum above 5 GHz, particularly the 5000-5250 MHz band, for MSS feeder links.35 Comments on the Process 16. Commenters generally recognize the difficult task that NTIA faced in identifying spectrum for reallocation to the private sector. Several commenters commend and sup port NTIA in its efforts to reallocate spectrum. 36 A large number of non-Government commenters, however, express disappointment and concern that NTIA did not seek great er private sector input in identifying bands for 21 Radio Amateur Satellite comments at 2-3 and 10, ARRL comments at 18-19. 22 ARRL comments at 17. 23 See para. 36, infra. 24 San Bernardino Microwave Society comments at 5. 25 SCRRBA comments at 8. 26 ARRL comments at n.3. 27 See 47 C.F.R. § 15.247. 28 First Report and Order, Gen Docket No. 81-413, 50 Fed Reg 25234 (June 18. 1985). 29 Report and Order, Gen Docket 89-354, 5 FCC Red 4123 (1990). 30 Larus Corporation comments at 1, GEC Plessey Semiconductors Inc. at 1. 31 Larus Corporation comments at 1-2, GEC Plessey Semiconductors Inc. at 1-2, Western Multiplex Corporation at 1. 32 Association of Public-Safety Communications Officials-In ternational (APCO) comments at 3-7, Telecommunication In dustry Association (TIA) comments at 13-14, Motorola, Inc. (Motorola) comments at 3-10. Motorola comments at 4-10, UTC comments at 5, APCO comments at 8. 34 Loral/Qualcomm Partnership, L.P. (Loral/Qualcomm) com ments at 1-3, COMSAT Corporation (COMSAT) comments at 2-8. 35 Loral/Qualcomm comments at 3-6. 36 See, e.g., comments of E.F. Johnson at 1-3. and comments of Digital Microwave Corporation. 6797 FCC 94-213 Federal Communications Commission Record 9 FCC Red No. 24 reallocation.37 The Telecommunications Industry Associ ation (TIA) lists several problems that it believes have resulted from the lack of private sector input prior to release of the Preliminary Report. These include 1) com plete lack of private sector input on the first 50 megahertz of spectrum, 2) NTIA identification of only the bare mini mum amount of spectrum necessary to comply with the Reconciliation Act rather than a broader selection of spec trum, and 3) NTIA provision of insufficient details of federal operations to allow the private sector to evaluate fully the potential usefulness of the spectrum. 38 39 17. Motorola, Inc. (Motorola), the Association of Public- Safety Communications Officials-International (APCO), and the Utilities Telecommunications Council (UTC) all believe that NTIA has not adequately considered the needs of private radio users in identifying spectrum for reallocation.40 These commenters note that Congress recog nized the importance of private spectrum users, especially public safety users, in the Reconciliation Act. APCO ques tions whether NTIA has met its obligation under the Rec onciliation Act because, claims APCO, it failed to consider adequately the immediate needs of the public safety com munity. 41 These commenters state that NTIA should more fully consider the needs of private radio users in its final report and selection of spectrum. Several commenters also note the importance of the Intelligent Vehicle Highway System in enhancing the capacity and efficiency of the Federal-highway infrastructure and urge that the future spectrum needs of this service also be considered during the final spectrum selection process.42 18. A number of commenters question whether the De partment of Commerce has fully met its obligations under the Reconciliation Act. considering the existing non-Gov ernment use in some bands identified for reallocation and the limited potential for private sector use of some bands. Most notably, several commenters point to the significant existing private use of the 2402-2417 MHz band by Indus trial, Scientific, and Medical equipment, particularly mi crowave ovens, as well as use of the band by the amateur radio service and by equipment authorized under Part 15 of the Commission's rules. They view these factors as se verely restricting the potential for use of this band by the private sector and severely limiting the benefit to the pub lic of reallocating this band. For these reasons, TIA states that for all practical purposes, this band is already allocated exclusively to non-Federal use; and that, therefore, reallocation of this band "does not meet the letter or spirit of Title VI." TIA calls for NTIA to immediately reconsider proposing the 2402-2417 MHz band for reallocation.43 19. Finally, commenters in the amateur radio commu nity contend that the Department of Commerce has failed to meet its obligations because it did not conduct a study as to the feasibility of the amateur radio service to share with the commercial users as is required under Section 113(c)(3)(C) of the Reconciliation Act.44 IV. ANALYSIS OF SPECTRUM IDENTIFIED FOR REALLOCATION 1390-1400 MHz 20. The Preliminary Report identified the 1390-1400 MHz band as spectrum that can be made available for exclusive non-Government use in January, 1999 provided it is not used for space-to-Earth links. NTIA also recom mends that receiver standards for non-Government systems be adopted.45 As with most of the bands identified for reallocation below 3 GHz, commenters believe that the relatively small size of the 1390-1400 MHz band will limit its usefulness, especially for wide-area terrestrial commu nications.46 Commenters also note that adjacent channel use of FAA and DoD high-power radar systems will re quire development of equipment capable of tolerating in terference, thereby adding to the cost of equipment. 47 Fur ther, commenters note that, although this band is to be available on an exclusive basis for non-Federal use, the Department of Commerce has stated that the band is not to be used for space-to-Earth links and that some Government operations will continue in remote areas.48 Use of this band is further constrained by U.S. allocation footnote 311 which limits fixed and mobile use of this band in thirteen areas of the U.S. and its territories. NTIA has recom mended a five year delay in reallocating this spectrum; however, non-Government use of this band will be affected by continued operations of Government facilities at 17 locations, some of which are in or near major metropolitan areas, for ten years.49 21. Although located between cellular radio and personal radio services (PCS), we believe that the 1390-1400 MHz band is located too far from these services to be readily incorporated into either of them. In our recent Memoran dum Onion and Order in GENlDocket No. 90-314, where we finalized rules for PCS at 1830-1990 MHz, we found that equipment capable of operating in both the 1850-1990 MHz and the 2110-2200 MHz bands would cost 25 percent more than equipment that only operates in the 1850-1990 37 See comments of Cactus Iruertie Systems/Cactus Radio Club, Inc. at 4, San Bernardino Microwave Society, Inc. at 1, Amateur Television Network at 2, SCRRBA at 6, Amateur Radio Council of Arizona, ARR1 at 8-11, TIA at 2-6. 38 TIA comments at 3-6. 3Q Although the Reconciliation Act did not specifically require the Department of Commerce to seek private sector input prior to issuing the Preliminary Report, it did set forth criteria to be used in identifying spectrum for reallocation, one of which is that the bands identified be "most likely to have the greatest potential for productive uses and public benefits under the 1934 Act if allocated for non-Federal use." See Reconciliation Act Section 113(a)(5). 40 Motorola comments at 4-10, APCO comments at 2-8, UTC comments at 4-6. 41 APCO comments at 4. 42 IVHS America, Inc. comments at 1-3, Motorola comments at 14-15, Florida Department of Transportation comments at 1-3, Maine Turnpike Authority comments. 43 TIA comments at 11-13. 44 American Radio Relay League (ARRL) comments at 5-6. 45 Preliminary Report at 5-4. 46 Motorola comments at 3, APCO comments at 5-6. 47 TIA comments at 14-15. In fact, in the Preliminary Report. NTIA states that receiver standards must be adopted to protect non-Government systems from interference from high-power government radar systems. In the past, the Commission has seldom adopted receiver standards, preferring instead to allow equipment manufacturers to determine an acceptable level of equipment performance to match the needs of their customers. ^ TIA comments at 14-15. 49 See Preliminary Report at 5-3, 4. 6798 9 FCC Red No. 24 Federal Communications Commission Record FCC 94-213 MHz band.50 Similar or greater costs could be expected in incorporating this band into either the cellular service or PCS. 22. This band is located in a desirable part of the spec trum where propagation is favorable for mobile services. Equipment for operation in this band could undoubtedly be developed quickly. We agree with commenters, how ever, that the small size of the proposed allocation will make it difficult to implement new technologies. The 1390-1400 MHz band may not be sufficient to support a new service or to substantially promote development of new technologies. 1427-1432 MHz 23. The Preliminary Report identified the 1427-1432 MHz band as spectrum that can be made available for exclusive non-Government use in January, 1999 provided it is not used for airborne or space-to-Earth links.51 As with the 1390-1400 MHz band, commenters cite the small size of the 1427-1432 MHz band as limiting potential uses.52 TIA notes that, although this band, is to be reallocated on an exclusive basis, the Department of Commerce has stated that the band can not be used for airborne or space- to-Earth links because of the need to protect adjacent channel radio astronomy operations, and that protecting these adjacent channel radio astronomy operations could make this band difficult to use.53 In addition, although NTIA has proposed that this band be reallocated within five years. Government operations will continue at 14 loca tions for 15 years. Such continued use could adversely affect the ability of non-Government entities to use this spectrum. 24. We agree with commenters that the small size of this proposed allocation, as well as its remoteness from existing non-Government services, will make it difficult to use this spectrum either as an adjunct to an existing service or to support a new service. The Preliminary Report's suggestion that this band be combined with the 1390-1400 MHz band would yield an unbalanced allocation of one 5-megahertz wide block with a 10-megahertz block that would not be conducive to channel pairing arrangements and that might still be too small to promote development of new technol ogies. 1670-1675 MHz 25. The 1670-1675 MHz band has been identified for reallocation on a mixed use basis and to be made available in January, 1999.54 The only Government operation iden tified by NTIA for continued operation is the Earth station operated by the National Oceanographic and Atmospheric Administration (NOAA) on Wallops Island, which receives data from NOAA's GOES weather satellite.55 NTIA states that radiosondes operated by the Government in this band will be relocated to other frequencies.56 NTIA also states that in order to protect radio astronomy operations in adjacent bands, this band is not to be used for non-Govern ment airborne or space-to-Earth links.5 ' TIA agrees with NTIA that before non-federal users can use this band, meteorological services will have to be redesigned or re placed. TIA cautions that adjacent channel radio astronomy operations may make it difficult to use this band for non- Government operations.58 26. WARC-92 reallocated this band worldwide for mobile use, intending that it be used to implement aeronautical public correspondence -- a common carrier service. As noted in the Preliminary report, however, the U.S. has already stated that it will not use this band for aeronautical public correspondence.59 27. Again, we believe that 5 megahertz may be too small an allocation to support development of new broadband technologies or wide-area operations and that this band is not located near enough to current non-government oper ations for it to serve as an adjunct to them. 1710-1755 MHz 28. NTIA has identified this band for mixed use and to be available January 2004. The Preliminary Report states that the Government will continue to operate indefinitely fixed microwave stations authorized prior to February 10, 1994, that are used by Federal power agencies or on which the majority of communications is for safety-of-life. The Government will also continue to operate fixed microwave facilities, tactical radio relay and aeronautical mobile sta tions authorized as of February 10, 1994, in 17 specific areas around the country. 29. Although the 1710-1755 MHz band is the largest block of spectrum identified for reallocation below 3 GHz, commenters state that the substantial continued Govern ment use of the band will limit its value for non-Govern ment service.60 These commenters question whether the Federal Government might be able to relocate some or all of its microwave operations to another spectrum band or to consolidate them within a portion of this band.61 In addi tion, commenters felt that, because of the substantial size of this band and critical need for spectrum for non-Govern ment use, NTIA should attempt to reallocate this spectrum earlier than the ten years proposed.62 30. The 1710-1755 MHz is a desirable band located rela tively close to the 1850-1990 MHz band allocated for PCS. The 1710-1755 MHz band is also the only band identified below 3 GHz where it might be feasible to support wide- area operations. We agree with commenters, however, that the amount of continued Government use of this band will severely limit its usefulness for non-Government oper- 50 Memorandum Opinion and Order, GEN Docket 90-314, re leased June 13, 1994, at para. 34, 9 FCC Red 1309 (1994). 51 Preliminary Report at 5-4. 52 Motorola comments at 3, APCO comments at 5-6. 53 TIA comments at 15. 54 Preliminary Report at 5-4. 55 GOES is NOAA's Geosynchronous Operational Environ mental Satellite that, the Preliminary Report states, consists of two geostationary satellites which include visible and infra-red imaging, space monitoring, a search and rescue subsystem, data collection platforms, and a relay of facsimile data between earth stations. 56 A radiosonde is generally a balloon-borne meteorological instrument consisting of sensors coupled with a radio transmit ter. 57 Preliminary Report at 5-7. 58 TIA comments at 15-16. 59 Preliminary Report at 4-19. 60 APCO comments at 6-7, Motorola comments at 7, GTE Service comments at 4, TIA comments at 16. 61 TIA comments at 16, Motorola comments at 10-11, UTC comments at 2-3. 62 TIA comments at 16-17, Motorola comments at 10-11, GTE comments at 4, UTC comments at 2-3, APCO comments at 6-7. 6799 FCC 94-213 Federal Communications Commission Record 9 FCC Red No. 24 ations. Some of the 17 specified areas for continued Gov ernment use are in or near major metropolitan areas and have radii of operation ranging from 50 to 160 km. Fur ther, NTIA has not indicated the locations and number of Federal power and safety-of-life microwave systems that must be protected. The lack of specific information on continued Federal Government use of this band makes it difficult to determine whether this band should be counted toward the minimum spectrum requirements under the terms of the Reconciliation Act. The Reconciliation Act states that a band of frequencies may only be counted toward the minimum spectrum requirement if the poten tial use of Federal Government stations is substantially less than the potential use to be made by non-Federal stations."3 We lack sufficient information as to the actual amount of continued Federal Government operations pro posed for this band to compare the amount of proposed Government use with potential non-Government use and to gauge its usefulness for future non-Government use. 2300-2310 MHz and 2390-2400 MHz 31. The Preliminary Report identifies the 2300-2310 MHz and 2390-2400 MHz bands as being available for reallocation for exclusive non-Government use. The 2300-2310 MHz band is identified as being available in January, 1996. provided that the band is not used for airborne or space-to-Earth links.64 The 2390-2400 Mhz band is identified for immediate availability. The Prelimi nary Report recommends that this band not be used to provide airborne or space-to-Earth links.65 As discussed above, amateur interests object to reallocation of these bands because of their current use by the Amateur service. Commenters state that NTIA failed to determine accurately the effect that reallocation of these bands would have in disrupting current use of Government bands by the Ama teur service, as required by the Reconciliation Act. Fur ther, commenters note that NTIA failed to determine to what extent commercial users could share this spectrum with the Amateur service, another requirement of the Rec onciliation Act. Commenters have indicated that sharing between amateur radio licensees and commercial radio us ers is not feasible. 32. We believe that several factors hamper the possibili ties for productive non-Government use of these bands. As with most of the spectrum identified for reallocation below 3 GHz, these 10 megahertz-wide band segments may prove too small to support new services. The Preliminary Report notes the bands' proximity to the bands in the 1850-2200 MHz range that the Commission has allocated for emerging technologies and contends that these bands could serve as adjuncts to technologies used in those bands. However, as we found in the PCS MO&O that equipment operating in multiple bands will cost approximately 25 percent more than equipment operating in a single band, it is not appar ent that combining these bands with emerging technologies spectrum will be economically feasible.66 33. Non-Government use of these bands will also be restricted by the need to protect Government operations in adjacent bands. TIA and GTE caution that the presence of highly sensitive receivers and/or high power transmitters of NASA's deep space network in the adjacent bands may make it difficult to use these bands for non-Government operations.67 NTIA has stated that, to protect NASA's deep space network and interplanetary research radar operations in adjacent bands, reallocation of the 2300-2310 MHz band for airborne or space-to-Earth links must be avoided. NTIA also states that additional constraints on land-based non- Federal operations in the 2300-2310 MHz band near the Goldstone, CA deep space Earth station may be necessary, and the Preliminary Report also alludes to the need for similar constraints with respect to the 2390-2400 MHz band.68 34. The largest factor affecting future use of these bands is their existing availability for use by the Amateur service.69 Congress specifically sought to avoid disruption of existing use of Federal Government frequencies by amateur radio licensees.70 We agree with commenters that there is substantial likelihood that reallocation of the 2300-2310 MHz and 2390-2400 MHz bands to commercial or local government use could cause serious disruption to Amateur service use of these bands. 2402-2417 MHz 35. The Preliminary Report identifies the 2402-2417 MHz band for exclusive non-Government use to be made available immediately. 71 According to the comments, the 2402-2417 MHz band is the most controversial band iden tified for reallocation. This band is also currently available for use on a secondary basis by the Amateur service and commenters raise the same concerns with respect to reallocation of this band as were discussed with respect to the 2300-2310 MHz and 2390-2400 MHz bands. In addi tion, amateur interests raise concerns about the future of the Amateur satellite service in this spectrum. In the Pre liminary Report NTIA states that it declined to identify the 2400-2402 MHz band for reallocation because of existing use of this band by the amateur satellite service.72 However, amateur entities contend that this small 2-megahertz wide band is insufficient to accommodate planned future sat ellite requirements. 63 Reconciliation Act at (b)(2)(B). 64 Preliminary Report at 5-9. 65 Preliminary Report at 4-17. 66 Supra at note 50. h/ TIA comments at 17. GTE comments at 4. 68 Preliminary Report at 4-15. A number of Government agen cies commenting on the Preliminary Report also stress the need to prohibit airborne or space-to-Earth links in the 2390-2400 MHz band and to limit terrestrial operations in Puerto Rico to protect the planetary research radar at Arecibo, Puerto Rico. See, National Research Council comments at 14, Cornell Uni versity/National Astronomy and Ionosphere Center comments at 5, and National Science Foundation at 1. 69 See paras. 8-12., Supra. 70 In the Reconciliation Act Congress required that bands of frequencies be identified that seek to avoid, "excessive disrup tion of existing use of Federal Government frequencies by ama teur radio licensees." Reconciliation Act at § 113(c)(l)(C)(iii). '' Preliminary Report at 5-9. 72 Preliminary Report at 4-17. 6800 9 FCC Red No. 24 Federal Communications Commission Record FCC 94-213 36. Further, commenters state that reallocation of the band will also likely result in loss of millions of dollars already invested in developing spread spectrum systems designed to operate in the band under Part 15 of our Rules.73 37. Although the 2402-2417 MHz band is the only band below 3 GHz where non-Government use would not be restricted or where use of the band would not be on a mixed basis,74 we believe that this band provides the least potential for providing spectrum for new non-Government services. 38. The most problematic aspect of this band is its exist ing use by non-Government Industrial, Scientific, and Medical (ISM) devices and by devices authorized under Part 15 of our Rules. As discussed in the Preliminary Report, the 2400-2500 MHz band is occupied by over 80 million microwave ovens, which are ISM devices. The Preliminary Report includes in its Appendix E an analysis of possibilities for sharing with microwave ovens. This analysis concludes that the high level of noise created by microwave ovens between 2425-2475 MHz renders success ful use of this frequency range by a licensed communica tion service unlikely. The analysis goes on to conclude, however, that the noise below 2425 MHz is significantly less and that advanced modulation techniques, such as spread spectrum, should be able to penetrate the noise below 2425 MHz. We disagree. An examination of the charts showing measurements for Green Mesa, near Boul der Colorado, and at Flagstaff, Arizona indicate that the noise in the 2400-2420 MHz range is only 10 to 15 dB below the noise at the center of the ISM band. Using NTIA's assertion that noise in the center of the band is 20 to 40 dB above receiver threshold noise, the noise in the 2400-2420 MHz band is still 5 to 30 dB above receiver threshold noise. This would make it extremely difficult for any licensed communication system to operate and would greatly reduce the advantages of using advanced technol ogies. The gain in capacity generally realized by advanced technology systems would have to be traded for providing resilience to interference from microwave ovens. TIA has submitted a study demonstrating that, because of the noise created by ISM devices that operate in this band, im plementing a communications systems in this band will cost up to 50 times as much as a system operating in a band without interference from ISM devices.75 39. Despite the noise in this band, manufacturers devel oping equipment operating under Part 15 of our Rules have begun to use this band successfully. In 1990 we encouraged development of advanced spread spectrum de vices in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands. Today there are literally millions of Part 15 devices operating in the 902-928 MHz band, in cluding cordless phones, wireless alarm systems, computer local area networks, automated meter reading systems, anti- shoplifting systems, inventory control systems, and auto matic vehicle identification systems. Although the 2400-2483.5 MHz band is not as heavily used as the 902-928 MHz band, there has recently been substantial development of, and investment in, equipment using this band. These include local area networks, wireless intercom systems, and cordless phones. It is unlikely that a licensed service would be able to share this band with these devices, which can operate with up to one watt of transmitter output power under Part 15 of our Rules.76 Accordingly, reallocation of this band would jeopardize the significant private sector investment already made in developing new technologies operating under Part 15. 40. Considering the potentially adverse effects on the amateur radio service and on use of the band by devices operating under Part 15. as well as the difficulties in using this band because of the amount of noise from ISM de vices, we believe that reallocation of this band presents less value to the private sector than any other band identified for reallocation in the Preliminary Report. 3650-3700 MHz 41. The Preliminary Report identified the 3650-3700 MHz band as being available for reallocation on a mixed use basis in January 1999.77 The 3650-3700 MHz band is currently used by the non-Government fixed satellite ser vice for international systems. COMSAT states that it al ready has several customers using this service as part of INTELSAT. Although COMSAT supports the transfer of 3650-3700 MHz, it notes that reallocating it for mixed use, as proposed by NTIA, would essentially maintain the status quo of existing Government/non-Government use.78 COMSAT, requests that the entire 3600-3700 MHz band be reallocated for non-Government use, or, in the alternative, that the sharing arrangement that currently applies to the 3600-3700 MHz band be extended to the 3500-3600 MHz band.79 42. Although this band is already used by non-Govern ment users, we believe that elimination of allocation foot note U.S. 245, which limits FSS satellite use to international inter-continental systems subject to a case- by-case interference analysis, would provide potential for increased non-Government use. As discussed below, how ever, we believe that the reallocation of additional spec trum adjacent to this band is justified for private sector use. 4635-4660 MHz and 4660-4685 MHz Bands 43. The Preliminary Report recommends that both the 4635-4660 MHz and 4660-4685 MHz bands be reallocated for exclusive non-Government use. The 4660-4685 MHz band is recommended for immediate reallocation and the ' 3 Larus Corporation comments at 1-2, GEC Plessey Semiconductors Inc. at 1-2, Western Multiplex Corporation at 1. /J* Some Government agencies commenting on the Preliminary Report would, however, even place restriction on non-Govern ment use of this band. See National Science Foundation com ments at 1, and Cornell University/National Astronomy and Ionosphere Center comment at 5-6. 75 TIA comments at Appendix. 76 In the Preliminary Report, NTIA states that the shared use of the 902-928 MHz band between Federal Government systems and a wide-array of non-Government systems suggests that there is very efficient use of this band and it concludes that the large number of existing non-Federal incumbents eliminates the band From consideration for reallocation. Preliminary Report at 4-9. We expect that the situation with respect to the 2402-2417 MHz band would become very similar even though we have not yet seen the high level of use in this band as in the 902-928 MHz band. 77 Preliminary Report at 5-9. 78 COMSAT comments at 2-5. 79 COMSAT comments at 5-8. 6801 FCC 94-213 Federal Communications Commission Record 9 FCC Red No. 24 4635-4660 MHz band is recommended for reallocation in three years, although the report states that Government operations in 4635-4660 MHz will continue at three sites, each with an 80 km operating radius, for 15 years. 44. Loral/Qualcomm states that the 4635-4660 MHz and 4660-4685 MHz bands would be useful for MSS feeder links. Loral/Qualcomm also notes, however, that an addi tional 150 MHz of adjacent spectrum would greatly help in implementing commercial MSS service. According to Loral, this spectrum would be useful on either a shared or exclusive basis.80 45. Although these bands are already allocated for non- Government use by the fixed satellite service (space-to- Earth) on a co-primary basis with Government fixed and mobile use, there is currently no non-Government use of these bands. Use of these bands by the fixed satellite service is constrained by two factors: 1) US footnote 245. which limits use to international inter-continental systems subject to an interference analysis, and 2) Appendix 30b of the international Radio Regulations, which contains a plan that allots only two orbital slots to the United States. In addi tion, a bilateral agreement with Canada requires that terres trial line-of-sight use of this band must coordinated with Canada.81 46. Provided that the domestic allocation footnote is eliminated for these bands, we believe that this spectrum would be useful in providing non-Government services although such use would still be constrained by the inter national allotment plan contained in Appendix 30b of the international Radio Regulations. As we discuss below, how ever, reallocation of substantially more spectrum in adja cent bands, even on a shared basis, could help realize the potential benefit to the public that this spectrum offers. V. DISCUSSION 47. In requiring that at least 200 megahertz of spectrum be reallocated from Federal Government use to private sector use Congress sought to promote more efficient use of the spectrum, provide spectrum on which advanced communications technologies could be implemented, pro vide spectrum to satisfy the future needs of public safety organizations, and provide spectrum for use by biomedical telemetry devices. Congress included both the public and the FCC in determining what spectrum is most appropriate for reallocation to meet these goals.82 As evidenced by the instant Report, this process is a cooperative effort between NTIA and the FCC. 3 We look forward to building on this initial effort at satisfying the spectrum and communications needs of both Government and non-Government users. 48. We recognize that the task Congress set for the Department of Commerce was formidable and included a stringent time table for identifying and reallocating spec trum. Coordination with the Government agencies that use spectrum and quantification of the impact that spectrum reallocation will have on the ability of those agencies to fulfill their mandated mission within the time allotted for preparing the Preliminary Report required an extraordi nary effort by NTIA. NTIA has risen to this task and has, in general, identified spectrum for reallocation that bal ances the needs of non-Government licensees with the impact that reallocation will have on Government agencies. After consideration of the comments filed in response to NTIA's Preliminary Report, however, we conclude that some modifications to the spectrum identified could more fully advance the goals set forth by Congress. 49. Congress intended that the spectrum identified have the greatest potential for productive uses and public bene fits if allocated for non-Government use.84 Generally, we believe that NTIA has developed a viable spectrum reallocation plan, however, as commenters have stated, there are a number of impediments that make commercial use of much of the spectrum identified for reallocation difficult. Much of the spectrum identified for reallocation is in band segments that are too small to accommodate the wide-area, high capacity communications systems of the future. Use of these bands will be further frustrated be cause they are generally located in a manner which makes it difficult to allocate paired channels or are scheduled for reallocation at different times. In addition, at least one of the proposed bands, at 2402-2417 MHz, is already heavily used by non-Government entities and reallocation presents limited gain to the public. Non-Government use of some bands is affected by continued in-band or adjacent-band Government use. Accordingly, we believe several changes to the NTIA reallocation plan would provide greater bene fits to the public. 50. One area of the reallocation plan presented in the Preliminary Report that needs to be addressed is the 2402-2417 MHz band. Reallocation of the 2402-2417 MHz band presents little or no additional benefit to the public. This band is already used for non-Government services by the amateur radio community and by Part 15 devices. It will be extremely difficult to provide a licensed service in this band because of its heavy use by ISM equipment. Further, installing a licensed service in this band may result in a loss to the public of Part 15 spread spectrum communications equipment as well as possibly preventing use of this band for Amateur service operations. The bene fits of providing short-range communications via unlicensed low power devices is generally recognized, and interest in such devices is growing. Recently there have been dramatic developments in such equipment such that it now can provide a wide and versatile array of services including cordless phone, wireless local area networks, wireless PBX, point-to-point communications, inventory tracking systems, and IVHS-related systems. In fact, the Federal Government has recognized the value of Part 15 devices and the benefits that such devices can offer its own agencies and its regulations permit Government use of unlicensed Part 15 devices.85 Noting the growing impor- 80 Loral/Qualcomm comments at 2-3. 81 This Bilateral agreement also requires that U.S. troposcatter systems in this hand must be coordinated with Canada if they are within 500 km of the U.S./Canadian border. 82 See Reconciliation Act at Sections 113(d)(2) and 113(d)(3). 83 The Reconciliation Act requires that the Assistant Secretary of Commerce and the Chairman of the FCC meet at least biannually to conduct joint spectrum planning, including dis cussion of the spectrum allocation actions necessary to accom modate the future requirements of users and action necessary to promote the efficient use of spectrum, including shared use. Reconciliation Act at Section 112. 84 Reconciliation Act at Sec. 113(a)(5). 85 Part 7.8 of the NTIA Manual of Regulations & Procedures for Federal Radio Frequency Management. 6802 9 FCC Red No. 24 Federal Communications Commission Record FCC 94-213 tance of unlicensed devices, we recently allocated 20 megahertz of spectrum in the 1.8 GHz band for unlicensed PCS devices and indicated that we would pursue additional allocations for such devices.86 51. Considering the existing non-Government use of the 2402-2417 MHz band by the Amateur service, ISM equip ment, and Part 15 devices, and the limited possibility for implementing a licensed commercial service in the band, we believe that the reallocation of this band will provide very little additional value to the public. Any future changes to this band could jeopardize significant private sector investments already made in this band and could result in a loss of benefits to the public and the Federal Government. Accordingly, we recommend that additional bands, possibly the 2300-2310 MHz and 1845-1850 MHz bands, be identified for immediate non-Government avail ability. 52. Although we believe that NTIA has established a foundation for a spectrum reallocation plan that greatly benefits the public, we suggest that NTIA consider a few changes to the process used in preparing the Preliminary Report. For instance, the Reconciliation Act requires that NTIA identify frequencies that span not less than 200 megahertz below 5 GHz and sets forth further guidelines for identifying spectrum. 87 In the future, NTIA could iden tify spectrum in excess of the minimum requirements, and then provide government agencies and the public an op portunity to work together to construct a reallocation plan that provides the best balance of minimizing impact to government agencies while maximizing the benefit to the public. 53. The public had only one opportunity to comment on the spectrum proposed for reallocation. Accordingly, there has been little opportunity for the public to comment on alternatives. We believe that if NTIA were to seek greater input from both the public and the FCC in identifying spectrum to be reallocated, spectrum can be identified which would be more useful to the public without seri ously jeopardizing Government use thereof. 54. In revisiting its reallocation proposals, it would be helpful if bands could be identified that can be paired to provide full duplex service, are large enough to provide for development of new technologies, and sufficient to satisfy communications needs that have recently been identified. As evidenced by comments filed in response to NTIA's Preliminary Report, our recent PCS proceeding, and var ious other filings such as the petition filed by the Coalition of Private users of Emerging Multimedia Technologies,88 modern and emerging technologies require large blocks of spectrum to accommodate high volumes of communica tions and the wide bandwidth necessary to transmit com munications such as video. In addition, the mobile satellite service will play a critical role in development of a na tional and global information infrastructure and additional spectrum is needed for this service. Applicants for mobile satellite licenses have sought multiple spectrum allocations to accommodate MSS service link and feeder link commu nications.89 To help satisfy both immediate and future com munications requirements, the private sector would benefit from large blocks of spectrum that can be paired and that can be used to accommodate emerging technologies. To meet some needs it would be beneficial to the public to have access to bands above 5 GHz, discussed above, and therefore we believe that the NTIA should include consid eration of such bands in its final report. Greater input from the public may allow NTIA to identify more spec trum than the 200 megahertz identified in the Reconcili ation Act. 55. A number of potential alternative frequency bands and their potential benefits that we have preliminarily identified are discussed below. 225-400 MHz 56. As recognized in the Preliminary Report, this band offers desirable propagation characteristics and availability of mature, economical radio technology. The propagation characteristics are ideal for creation of wide area networks in the land mobile service. Congestion in the VHF/UHF bands currently available for non-Government land mobile is high and reallocation of spectrum in this band would be of immediate benefit in relieving such congestion. We are currently considering methods of improving the efficiency of use of non-Government land mobile spectrum by divid ing the channel bandwidth of systems operating in the 72-76, 150-174, 421-430, 450-470, and 470-512 MHz bands.90 Such channel splitting methods are difficult to implement in congested spectrum. Spectrum reallocated in the 225-400 MHz band could greatly facilitate our efforts by providing "green space" in which to begin implement ing spectrum efficient systems. This spectrum could also provide greater flexibility for accommodating applications that require wider bandwidth, such as transmission of data or images, in the in the bands, while still improving the efficiency of two-way land mobile radio. Spectrum in this band could also be very valuable in enhancing public safety communications and could possibly provide spec trum for use by biomedical telemetry devices, which manu facturers have indicated require spectrum below 1 GHz.91 86 Memorandum Opinion and Order, GEN Docket 90-314, 9 FCC Red 1309 (1994). Unlicensed PCS applications would in clude, but not be limited to, high and low speed data links, cordless telephones, and wireless PBXs. 87 Reconciliation Act, Section 113. 88 This petition was filed with the Commission December 23, 1993, and is included for consideration in our proceeding con cerning uses for the first 50 megahertz of spectrum to be reallocated from Federal Government to private sector use. ET Docket No. 94-32, 59 Fed Reg 25589 (May 17, 1994). 89 We discuss the need for additional MSS and feeder link spectrum in our Notice of Inquiry to prepare for the Interna tional Telecommunication Union's 1995 World Radiocommunication Conference, Notice of Inquiry. 1C Docket No. 94-91, 59 Fed Reg 25873 (May 18, 1994). 90 See Generally, Notice of Proposed Rule Making, PR Docket No. 92-235, 7 FCC Red, 8105 (1992). 91 See comments of the Critical Care Telemetry Group (CCTG) filed in response to our Notice of Inquiry in ET Docket 94-32. CCTG consists of Hewlett-Packard Company Medical Products Group, Marquette Electronics, Inc., Pacific Commu nications, Siemens Medical Systems, Inc. and SpaceLabs Medi cal, Inc. In its comments, CCTG states that it represents "essentially all of the companies located in the U.S. that are engaged in the production of low power, portable biomedical telemetry systems." 6803 FCC 94-213 Federal Communications Commission Record 9 FCC Red No. 24 57. The Preliminary Report describes the 225-400 MHz band as the "single most critical spectrum resource... with in the North Atlantic Treaty Organization (NATO)."92 However, our NATO allies in Europe have found it appro priate to use portions of this band for non-military pur poses. CEPT countries are using the 225-230 MHz band, at least temporarily, for Digital Audio Broadcasting and are considering using spectrum in the 380-400 MHz portion of the band for terrestrial public safety use. In addition, WARC-92 allocated the 312-315 MHz and 387-390 MHz bands for the mobile satellite service (MSS) on a secondary basis. If these bands could be made available domestically for such use, it would increase the amount of spectrum available below 1 GHz for MSS by approximately 120 percent. The Notice of Inquiry in 1C Docket No. 94-31 93 notes that discussions between the FCC and NTIA are underway on use of the 312-315 MHz and 387-390 MHz bands for MSS; this proceeding presents an opportunity to act on these discussions. 58. Despite the complex use of this band for Govern ment operations, as discussed in the Preliminary Report, the benefits of reallocating the spectrum might be found to outweigh those needs. As noted in the Preliminary Report, interest in civilian use of this band in Europe is growing.94 Although the Preliminary Report notes that the conven tional spectrum management process provides ample op portunity to explore shared or non-Government use of this band at a later date, we believe that prompt action to allow non-Government access to this band will further our ef forts to relieve congestion in the VHBUHF bands and to provide for advanced land mobile technologies. 1350-1400 MHz 59. This band is located between bands used for the cellular radio service and for personal communications service and we believe that equipment for use in this band could become quickly available. This band could offer additional spectrum to implement emerging technologies but it is sufficiently separated from the spectrum currently allocated for PCS and the cellular service that it could not readily be combined with either of those existing services. Non-Government users must have access to sufficient spec trum in this band to support new, independent services. Although use of this band by the radio astronomy service may limit the variety of non-Government uses, this band would be highly desirable for terrestrial services. Allocating only 10 megahertz of this band at 1390-1400 MHz would severely limit potential uses. We suggest NTIA reevaluate this band with a view toward making more of it available for non-Government use. 1492-1525 MHz 60. Except in the United States, WARC-92 allocated this band for use on a primary basis for the mobile satellite service in Region 2. MSS is an emerging service for which great demand is anticipated and which will benefit the nation's world-wide competitiveness. Full implementation of this service may. however, be hampered by a lack of available spectrum. While we recognize the difficulties in reallocating this band that are described in the Preliminary Report, we do not believe they fully preclude the possibil ity of doing so. The American Mobile Service Corporation (AMSC), in its comments, has provided an evaluation of the possibility of shared Government/non-Government use of this band/5 61. This band is part of spectrum in the 1435-1525 MHz and 2360-2390 MHz bands used for aeronautical telemetering. Out of this total 120 megahertz of spectrum, the 1492-1525 MHz band contains only 33 MHz, or less than 28 percent of the available spectrum. In a September 17, 1993, letter to the Department of State, the FCC and NTIA stated that discussions on use of the 1492-1525 MHz band for MSS are underway and would continue.96 We recommend that NTIA more closely the examine the pos sibility of reallocating this band for non-Government use, at least on a mixed use basis. 1675-1710 MHz 62. In the Preliminary Report's discussion of Federal Government Meteorological services, the 1670-1675 MHz band was identified for reallocation. The Report noted that WARC-92 allocated this spectrum for mobile use by ad ministrations wishing to implement aeronautical public correspondence. We note that WARC-92 also allocated the 1675-1710 MHz band for MSS in Region 2. As with the 1492-1525 MHz band, potential MSS operation in this band holds great promise to provide a wide variety of new communications services both domestically and interna tionally. AMSC has also provided an. analysis of how non- Government MSS systems could potentially share this band with Government meteorological services.97 The joint FCC/NTIA letter of September 17, 1993, also mentioned the 1675-1710 MHz band as a candidate for future MSS use and we request NTIA to further examine the reallocation of this band as well as the 1492-1525 MHz band. 1710-1850 MHz 63. The 1710-1850 MHz band is adjacent to the 1850-1990 MHz spectrum allocated by the Commission for PCS, and reallocation of this band would greatly enhance our ability to provide adequate spectrum for new and advanced telecommunications technologies. In its Prelimi nary Report, NTIA recognizes the great potential for bene fit to the public that this band offers and recommends that the 1710-1755 MHz portion of the band be reallocated on a mixed basis. The Preliminary Report does not recommend reallocation of the 1755-1850 MHz portion of the band because of Federal use of the 1761-1842 MHz frequency range for tracking, telemetry and control of Government space systems. However, we are not convinced that non- Government use would be incompatible with Government use of the 1761-1842 MHz frequencies. The Preliminary Report refers to a study performed to evaluate the compati bility of high density land mobile operations with space operations in the 2025-2110 MHz and 2200-2300 MHz bands and applies the findings of that study to the 92 Preliminary Report at 4-23. 93 Preparation of International Union World Radiocommunication Conferences, Notice of Inquiry, 1C Docket No. 94-91, 59 Fed Reg 25873 (May 18, 1994). 94 Preliminary Report at 4-25. 93 AMSC comments at Annex II. 96 December 17, 1993, joint letter to Mr. Richard C. Beaird, Acting U.S. Coordinator and Director, International Commu nications and Information Policy, Department of State, from Chairman, FCC and Assistant Secretary of Commerce for Com munications and Information. 97 AMSC comments at Annex I. 6804 9 FCC Red No. 24 Federal Communications Commission Record FCC 94-213 1761-1842 MHz band. Unlike the 2025-2110 and 2200-2300 MHz bands, however, use of the 1761-1842 MHz band for Government operations is limited to Earth-to-space trans missions. Thus, it is not obvious that the study is directly applicable to the 1761-1842 MHz band. It also appears from the Preliminary Report that Government use is limit ed to less than 10 locations. These limited Government operations might be able to coexist with some non-Govern ment use. The Preliminary Report also does not describe why large "guard bands" are needed at either side of the 1761-1842 MHz band. The 6 megahertz wide 1755-1761 MHz frequency range and the 8 megahertz wide 1842-2850 MHz frequency range appear to offer excessive protection for space operations. 64. In addition, to further investigation into the feasibil ity of non-Government use of 1755-1850 MHz, the possibil ity of relocating a greater number of Government fixed and mobile operations from the entire 1710-1850 MHz band. The Preliminary Report indicates that there are a number of stations that will indefinitely continue to use the band, including stations used by Federal power agencies, fixed microwave operations where the majority of communica tions involves safety-of-life, and stations in a list of 14 operating areas as large as 160 km in radius, some of which encompass or are near major metropolitan areas.98 The Preliminary Report notes that a list of specific Federal power agency facilities and safety-of-life facilities will be provided in the final report. However, at that stage, there will be no opportunity for the FCC to analyze and com ment on the impact of such operations on non-Govern ment use of the band. 65. We believe that the potential benefit to the public of access to this entire band, or at least a larger portion of the band than 1710-1755 MHz, is great. Every reasonable effort should be made to grant access to a greater portion of the 1710-1850 MHz band if that can be accomplished without seriously impairing non-Government use by continuing wide-spread Government operations. In addition, every ef fort should be made to reallocate this spectrum in less than the 10 years proposed for the 1710-1755 MHz band. 3600-3700 MHz 66. The Preliminary Report identified the 3650-3700 MHz portion of this band for reallocation. In the U.S. table of allocations, the entire 3600-3700 MHz band is currently allocated for the co-primary use of non-Government (FSS), but such use is limited to international inter-continental systems by US allocation footnote 245. As satellite commu nications systems become more wide-spread, the fixed-sat ellite service is growing in importance and additional spectrum will be needed. In addition, this band was iden tified in our negotiated rule making regarding MSS above 1 GHz as one of the more likely candidates for MSS/RDSS feeder link spectrum." Reallocation of the entire 3600-3700 MHz band for private sector use and elimination of footnote 245 could provide much needed spectrum for FSS. We believe it would be very useful to fully examine the possibility of reallocating the entire band for non- Government use. 4400-4990 MHz 67. The Preliminary Report has identified the 4635-4685 MHz portion of this band for reallocation, and we believe that this spectrum will prove useful for non-Government operations. New technologies will, however, likely require greater than the 50 MHz identified for reallocation. From the general description of fixed and mobile applications described in Appendix D of the Preliminary Report, it appears that significant opportunities for additional non- Government use exist, considering that many of the Gov ernment operations appear to be in either remote areas or at sea. Accordingly, further consideration should be given to reallocating a significantly greater portion of the 4400-4990 MHz band for exclusive non-Government use as well as to the potential for sharing all of this spectrum with non-Government services. 5000-5250 68. Although the 5000-5250 MHz band is located above 5 GHz and would not count toward satisfying the 200 megahertz minimum reallocation required by the Recon ciliation Act, reallocation of this band, or a portion of the band, would be useful for non-Government use. In its comments, Loral/Qualcomm states that it has been inves tigating possible use of this band for MSS feeder uplinks. 100 In addition, some countries in Europe have proposed that the 5150-5250 MHz portion of this band be allocated for development of "Hiperlan" data transmission systems which will transmit 20 Mbps. Such systems could facilitate the rapid transfer of information between computers. Reallocation of this band for such an emerging technology could allow U.S. companies to be involved in the early development of such systems and could boost the ability of U.S. companies to compete in Hiperlan deployment. 5850-5925 69. As with the 5000-5250 MHz band, the 5850-5925 MHz band is above 5 GHz and would not count toward satisfying the 200 megahertz minimum reallocation re quired by the Reconciliation Act. The 5850-5925 MHz band is currently allocated for primary use by the military for radiolocation operations. However, this band is also allocated for primary use for non-Government Fixed Sat ellite Service (Earth-to-Space) as well as for secondary use by the Amateur service. The 5850-5925 MHz band could be paired with the 3600-3700 MHz band, which currently has a primary allocation for use by the non-Government Fixed Satellite Service (space-to-Earth). VI. RECOMMENDATIONS 70. Congress has recognized the critical role that private sector communications service providers play in advancing telecommunications technologies, in giving a competitive advantage to this nation's economy, and in ensuring the public's safety of life and property. Congress has also recog nized the need for providing these non-Government en tities with sufficient spectrum to permit development and deployment of new communications services. Congress 98 The Reconciliation Act states that frequencies assigned to Federal power agencies are only eligible to be reallocated on a mixed use basis and that assignments to those agencies shall not be withdrawn. Reconciliation Act at Section 113(c)(4). 99 Report of the MSS Above 1 GHz Negotiated Rulemaking Committee released April 6, 1994. at 31. 100 Loral/Qualcomm comments at 5-6. 6805 FCC 94-213 Federal Communications Commission Record 9 FCC Red NO. 24 passed the Reconciliation Act to help satisfy these future spectrum needs. NTIA has established a viable foundation on which to provide useful spectrum for use by the private sector. However, some modifications to the bands identified by NTIA in its Preliminary Report could provide the pub lic even greater benefits. To assist identifying spectrum that would better serve the public, in this Report we have identified frequency bands that could provide a home for emerging and innovative communication technologies. 71. Table 2 provides a possible alternative plan for the spectrum reallocation. Although this plan significantly ex ceeds the 200 megahertz minimum required by the Rec onciliation Act, it provides options that would have numerous advantages to the public. As discussed above, reallocation of spectrum in the 225-400 MHz band is con sistent with actions under consideration in NATO coun tries and would enhance the options for implementing more efficient technologies in bands below 1 GHz. Spec trum in the 225-400 MHz band might also be used to implement a Federal Government/local Government public safety network to coordinate the activities of the Federal and local governments and could provide spectrum for use by biomedical telemetry devices. 72. Table 2 also adds the 1755-1760 MHz and 1845-1850 MHz bands to the spectrum proposed in the Preliminary Report. The 1710-1755 MHz band is the largest band below 3 GHz identified for reallocation and, we believe, one of the most potentially useful bands. We believe that the two 5-megahertz wide band segments that we have identified can be reallocated while still providing a sufficient guard band to protect the space operations discussed in the Pre liminary Report. Reallocation of the 1755-1760 MHz band would provide a contiguous 50 megahertz block of spec trum located in a band for which equipment could be quickly developed. Further, moving the reallocation sched ule for this band from January 2004. as proposed in the Preliminary Report, to January 1999 would allow the pub lic to realize the benefits of this band much more quickly. The 1845-1850 MHz band is immediately adjacent to spec trum allocated for PCS and could serve as an adjunct to this service. 6806 9 FCC Red No. 24 Federal Communications Commission Record FCC 94-213 TABLE 2 Alternate Spectrum Reailocation Plan Bands for Reailocation 225-230 MHz 380-400 MHz 1390-1400 MHz 1427-1432 MHz 1670-1675 MHz 1710-1760 MHz 1845-1850 MHz 2300-2310 MHz 2390-2400 MHz 2402-2417 MHz 3625-3700 MHz 4635-4660 MHz 4660-4685 MHz 5850-5925 MHz Total Amount (MHz) 5 20 10 5 5 50 5 10 10 15 75 25 25 75 335 Reailocation Status Mixed Mixed Non-Government only Non-Government only Mixed Mixed Mixed Non-Government only Non-Government only Non-Government only Mixed Non-Government only Non-Government only Non-Government only Availability Dependent on NATO agreement Dependent on NATO agreement January 1999 January 1999 Immediate January 1999 Immediate Immediate Immediate Immediate January 1999 January 1997 Immediate January 1999 6807 FCC 94-213 Federal Communications Commission Record 9 FCC Red No. 24 73. Our alternative plan also adds the 3625-3650 MHz and 5850-5925 MHz bands to the spectrum proposed in the Preliminary Report. These bands are both currently al located for use by the non-Government Fixed Satellite Service with one band allocated for use as an uplink and the other band allocated as a downlink. These bands might therefore be paired to provide more usable spectrum for the Fixed Satellite Service. 74. In addition, the reallocation plan in Table 2 advances the reallocation schedule for the 2300-2310 MHz band to match the schedule for the 2390-2400 MHz band. These bands are two of the few bands identified in the Prelimi nary Report that readily lend themselves to paired oper ations and simultaneous reallocation of the bands would greatly facilitate paired use of these bands. 75. We realize that advancing the reallocation schedule of some bands could be difficult because existing users will need to be relocated. To assist in a rapid reallocation of some of these bands we are willing to explore jointly with the Department of Commerce the possibility of non-Gov ernment entities compensating Government agencies for the cost of modifying or reallocating Government systems that are affected by the reallocation. Although it is prob ably not feasible to fully compensate agencies in all in stances, it is likely that compensation for some operations, such as fixed microwave systems, is feasible. Also, provid ing for compensation to Government agencies should en courage agencies to relocate some operations that are scheduled to continue in mixed use bands. 76. We have provided in this report an analysis of the comments to NTIA's Preliminary Report and a discussion of the spectrum identified by NTIA as well as recommen dations for spectrum that would better meet the needs of the public. We hope that, in preparing its final report. NTIA will consider the need for large blocks of spectrum, particularly below 3 GHz, that are unencumbered by con tinued Government operations in and around metropolitan areas. Such spectrum will provide great benefit to the public in providing for the introduction of new services, the expansion of existing services, and will provide much needed spectrum for the implementation of MSS. In addi tion, significant amounts of spectrum are required for the development of services above 3 GHz and even above 5 GHz. Options for spectrum reallocation need not be limit ed to bands below 5 GHz. Since the Reconciliation Act does not foreclose reallocation of spectrum in excess of 200 megahertz, NTIA and the FCC should also explore options available for sharing spectrum, thereby providing greater benefit to both Government and non-Government users and greatly expanding the efficient use of spectrum. We look forward to NTIA's final report, which we believe will be instrumental in providing fruitful options for advancing technological development and implementing a national and global information infrastructure. APPENDIX A List of Parties that Filed Comments on NTIA Report "Preliminary Spectrum Reallocation Report" Number Party 01 United States Information Agency 02 City of Martinez. CA Police Department 03 GEC Plessey Semiconductors. Inc. 04 Larus Corporation 05 Department of Health & Human Services 06 National Science Foundation 07 Department of Veterans Affairs 08 Maine Turnpike Authority 09 CDR Gerald T. White, USN(ret) 10 George E. Dew 11 Richard M. Shappe 12 Cactus Radio Club, Inc. 13 San Bernardino Microwave Society, Inc. 14 Amateur Television Network 15 Palomar Amateur Radio Club 16 IVHS America 17 National Aeronautics and Space Administration 18 Department of the Army 19 Department of the Treasury 20 Western States VHF-Microwave Society 21 Southern California 'Repeater and Remote Base Association 22 James W. Tittle 23 Terry R. Young 24 National Research Council 25 Department of the Interior 26 Amateur Radio Council of Arizona 27 The National Astronomy and Ionosphere Center 28 Radio Amateur Satellite Corporation 29 Association of Public-Safety Communications Of ficials International, Inc. 30 Loral/Qualcomm Partnership 31 E.F. Johnson Company 32 National Communications System 33 American Mobile Satellite Corporation 34 Utilities Telecommunications Council 35 Motorola, Inc. 36 American Radio Relay League, Inc. 37 GTE Corporation 38 Telecommunications Industry Association 39 Communications Satellite Corporation 6808 9 FCC Red NO. 24 Federal Communications Commission Record FCC 94-213 40 National Oceanic and Atmospheric Administra tion 41 Department of Agriculture 42 Western Multiples Corporation 43 Digital Microwave Corporation 44 Florida Department of Transportation 45 U.S. Department of Justice 46 National Hydrologic Warning Council 47 Department of Energy 6809