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
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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
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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
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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