Subject: [NEXTEL-1] Amendment of Part 2 of the Commission’s Rules to Realign the 76-81 GHz band and the Frequency Range Above 95 GHz

From: [email-masked]
Date: Thu, 12 Feb 2004 17:59:47 -0500

Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of
Amendment of Part 2 of the Commission’s Rules to Realign the 76-81 GHz band and
the Frequency Range Above 95 GHz Consistent with International Allocation
Changes
Amendment of Part 2 of the Commission’s Rules to Allocate Additional Spectrum to
the Inter-Satellite, Fixed, and Mobile Services and to Permit Unlicensed Devices
to Use Certain Segments in the 50.2-50.4 GHz and 51.4-71.0 GHz Bands )
)

ET Docket No. 03-102

ET Docket No. 99-261

REPORT AND ORDER

   Adopted:  February 4, 2004 Released:  February 12, 2004

By the Commission:  Commissioner Adelstein issuing a separate statement.

INTRODUCTION

1. By this Report and Order, we reallocate spectrum in the 76-81 GHz frequency
band and the frequency bands above 95 GHz to conform our United States Table of
Frequency Allocations (U.S. Table)  with recent changes to the International
Table of Frequency Allocations (International Table) maintained by the
International Telcommunication Union (ITU).  Specifically, this realignment of
allocations will achieve consistency with the international allocation changes
made at the World Radiocommunication Conference (Istanbul, 2000) (WRC-2000).
The primary intent of the WRC-2000 realignment of allocations in the 76-81 GHz
band and bands above 95 GHz was to place scientific services, such as the
Earth-exploration satellite service (EESS) and radio astronomy service (RAS), in
spectrum better suited to their needs.   Regarding the 76-77 GHz band, we are
adopting a primary RAS allocation and secondary space research service (SRS)
allocation that will share this band with unlicensed vehicle radar systems.  We
are not, however, implementing the proposed secondary amateur-satellite
allocation in this band due to anticipated interference concerns with vehicle
radar systems.  To protect passive services in the 55.78-56.26 GHz band, we are
adopting a limit on the maximum power spectral density that can be delivered to
a fixed service transmitter antenna.  We believe that the rule amendments set
forth herein will promote future developments in technology and equipment,
position scientific services to increase our understanding of physical
phenomena, and provide consumers with access to new products and communications
services.  Finally, this action also continues our efforts to promote the
development and growth of the “millimeter wave” spectrum.

BACKGROUND

2. The frequency range above 71 GHz is well suited for many scientific
passive-sensing and RAS applications due to its bandwidth and propagation
characteristics.  The majority of current spaceborne passive-sensing and radio
astronomy allocations in the range 71-275 GHz were established at the 1979 World
Administrative Radio Conference (WARC-79) and were codified in the Commission’s
rules in January 1984.   Since then, there have been many advances in our
scientific understanding of passive sensing and radio astronomy and their
requirements in terms of technology and appropriate frequency bands.  The 1997
World Radiocommunication Conference (WRC-97) realigned allocations in the
50.2-71 GHz range in a way that allows passive services to make better use of
the band while still providing spectrum for other users.   Now, passive service
advocates are expressing substantial interest in using frequencies in the range
above 71 GHz.     In addition, proponents of radio communication services are
interested in the frequency bands above 71 GHz because the available bandwidth
would permit high data rate transmissions and the propagation characteristics
would allow for extensive frequency reuse.   WRC-2000 reallocated spectrum above
71 GHz to ensure that the allocations in this region of the spectrum are better
aligned with potential applications.   Specifically, WRC-2000 realigned the
76-81 GHz band and frequency bands above 95 GHz on a primary basis variously for
the amateur, amateur-satellite, EESS, fixed, fixed-satellite (FSS),
inter-satellite (ISS), mobile, mobile-satellite (MSS), RAS, radiolocation,
radionavigation, radionavigation-satellite (RNSS), and SRS.  Additionally,
WRC-2000 realigned these bands on a secondary basis for amateur,
amateur-satellite, RAS, radiolocation, and SRS.

3. The EESS (passive) includes passive radio sensing operations that have many
applications in agriculture, weather forecasting, and the study of global
changes of the Earth and its environment.  Passive sensing is a remote sensing
technique that is based on detection of electromagnetic energy generated by
natural sources, such as the surface of the Earth and its atmosphere.  Passive
sensors detect naturally reflected or radiated energy from the Earth’s surface
at some altitude above the ground and use the amount of energy emitted,
transmitted, or reflected to observe and measure objects from a distance in
order to determine certain physical properties of the object.  For example,
parameters such as temperature and water vapor profiles, and the concentration
of ozone and other trace gases that are radiantly and chemically active can be
measured regionally and globally only by passive sensors aboard satellites.

4. Similarly, the RAS is a passive service that receives radio waves of cosmic
origin and allows scientists to better understand our universe.  Historically,
the millimeter wavelength range was one of the few spectral regions not fully
explored by astronomers because special observing conditions and instruments are
needed to make observations in this frequency range. Recently, however,
astronomical research has become increasingly active in this spectral range
because frequencies in this range are particularly well suited for studies of
star formation, the properties of the interstellar medium, the chemical
evolution of the Universe, detection of extra-solar planets and many other
phenomena.  United States astronomers operate several large single dish
telescopes and interferometers operating in this spectral range.

5. In a separate proceeding, the Commission has already realigned the
allocations in certain other bands above 71 GHz in accordance with the
international reallocations of these bands.  Specifically, in the Report and
Order in WT Docket No. 02-146 (70/80/90 GHz Report and Order), the Commission
reallocated the 71-76 GHz, 81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands in
accordance with the 1992 Final Acts of the World Radio Conference for Dealing
with Frequency Allocations in Certain Parts of the Radio Spectrum (Final Acts of
WRC-1992) and most of the international reallocations in the Final Acts of
WRC-2000.   As set forth in that action, these bands are now allocated on a
primary basis variously for the fixed, mobile, fixed-satellite, and
mobile-satellite, broadcasting, broadcast satellite, radiolocation, and radio
astronomy services.  In addition, portions of these bands are allocated on a
secondary basis for space research and radio astronomy.  In the 70/80/90 GHz
Report and Order, the Commission also adopted service rules to allow a broad
range of licensed fixed and mobile services and unlicensed to operate in the
71-76 GHz, 81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands.  The rules adopted in
our action herein will not impact or overlay the rules adopted in the 70/80/90
GHz Report and Order.  Also, the existing entries to the International Table
Allocations and the United States Table of Allocations in Section 2.106 of the
rules for the remaining portion of the spectrum between 71 GHz and 95 GHz
already conform to the current international frequency allocations for that
band, as adopted in the Final Acts of WRC-1992.

DISCUSSION

6. On April 28, 2003, the Commission adopted a Notice of Proposed Rule Making
(Notice) that proposed changes to the U.S. Table for the frequency band 76-81
GHz and for frequencies above 95 GHz.   The Commission initiated this proceeding
at the request of the National Telecommunications and Information Administration
(NTIA).   NTIA completed a review of the results of WRC-2000 and recommended
changes to the frequency bands above 71 GHz based on coordination with the
Interdepartment Radio Advisory Committee (IRAC).   The decisions made in this
Report and Order largely follow the WRC-2000 changes and the subsequent review
by NTIA.

A. Reallocation of the Frequency Bands Above 76 GHz

7. Proposals.  The 76-81 GHz band is currently allocated to the radiolocation
service on a primary basis and the amateur service on a secondary basis, except
the amateur allocation is primary in the 77.5-78 GHz portion.  Further, the
77-81 GHz band is allocated to the amateur-satellite service on a secondary
basis, except the 77.5-78 GHz portion has primary status.  Finally, the 76-77
GHz band is also used by vehicular radar systems on an unlicensed basis under
Section 15.253 of the Commission’s Rules.
8. The primary purpose of the WRC-2000 action realigning spectrum in bands above
76 GHz was to accommodate the requirements of RAS and EESS (passive)
operations.  Specifically, RAS must operate in bands that meet the requirements
of spectral line  and wideband continuum observations.   Additionally, EESS must
operate in bands that are optimal for microwave limb sounding and nadir sounding
of water vapor and other atmospheric elements and components.

9. To aid the RAS and EESS in meeting their operating requirements and promote
consistency to the greatest extent possible between the U.S. Table and the ITU
International Table, the Commission proposed in the Notice to incorporate the
changes from WRC-2000 for the 76-81 GHz and above 95 GHz bands into the U.S.
Table.   The Commission proposed several primary and secondary service
allocation changes in these bands and also invited comment on the feasibility of
sharing between vehicle radar systems and the proposed RAS, SRS, and
amateur-satellite services in the 76-77 GHz band.  Consistent with the proposed
realignment of allocations, the Commission also proposed to update several
footnotes to the U.S. Table (US74, US211, US246, US263, and US342) concerning
RAS and EESS operations.  It further proposed to replace international footnotes
5.340  and 5.149  with U.S. footnotes US246 and US342, respectively, and apply
these footnotes to additional bands.  To be consistent with WRC-2000 changes,
the Commission also proposed to add or delete other U.S. and international
footnotes where applicable.

10. In the Notice, the Commission proposed to implement a new allocation to the
RAS on a primary basis in the 76-77.5 GHz and 78-81 GHz band segments and on a
secondary basis in the 77.5-78 GHz band segment.  Additionally, the Commission
proposed new secondary allocations for the space research service (downlink)
throughout the 76-81 GHz band and amateur-satellite service in the 76-77.5 GHz
band segment.

11. Comments.  The only comments filed in response to the Notice address the
76-81 GHz band.  Comments were filed by the Short Range Automotive Radar
Frequency Allocation Group (SARA), the Long-Range Automotive Radar Frequency
Allocation Group (LARA), the Delphi Corporation (Delphi), and the Alliance of
Automobile Manufacturers (Alliance) on the feasibility of vehicular radar
systems sharing spectrum with the proposed RAS, SRS, and amateur-satellite
services for the 76-81 GHz band.   Specifically, these parties are concerned
that adaptive cruise control (ACC) and short range automotive radars (SRRs) in
the 76-77 GHz band and the eventual use of SRRs in the 77-81 GHz band could be
endangered by the proposed new RAS, SRS, and amateur-satellite allocations.
Therefore, these parties urge the Commission to make no new allocations in this
spectrum range until it can be determined that vehicular radar operations will
not be jeopardized.  Delphi contends that vehicular radar operations are
important to increased highway safety, and any new allocations should be
required to accept any interference caused by vehicular radars, should not be
permitted to interfere with vehicular radars and must not be accommodated by
changes to the technical rules for vehicular radar operations.   LARA and Delphi
oppose the allocation of the 76-77 GHz band to the RAS, SRS, and
amateur-satellite service due to insufficient justification for these services
needing this spectrum, insufficient knowledge of how useful the spectrum will be
to these services, and a lack of technical information needed to conduct
compatibility studies.  Delphi also argues that interference with vehicular
systems can cause such systems to malfunction or not to perform at all, decrease
in design flexibility and functionality, increase in design cost and selling
price to consumers, and reduce spectrum utilization.  SARA also opposes the
proposed RAS and SRS allocations at this time for the same reasons stated above,
except that its comments are specifically directed to the 77-81 GHz band.

12. LARA also questions whether SRS receiving earth stations can be located in a
manner that ensures they will not be negatively affected by vehicular radar
emissions.  LARA contends that mitigation techniques such as shielding and
control over the immediate vicinity can be used to protect SRS operation, and,
therefore no changes should be made to vehicular radar rules.   Delphi also
states that it is not aware of any instances where SRS is using spectrum above
24 GHz.

13. While generally opposing any new allocation that could hinder SRRs, LARA
states that sharing could be feasible between SRRs and RAS given that: 1) the
number of millimeter wave observatories are expected to remain limited; 2) RAS
receivers are usually located on high mountains or in remote areas, and access
to RAS telescopes is controlled at distances of at least one kilometer; 3) SRRs
are typically located less than one-half meter above the ground, increasing
signal attenuation by ground clutter that limits above-horizon radiation; 4) the
narrow beamwidth of SRRs and radio telescope receiving antennas results in very
low potential for mutual coupling that would result in interference; 5)
interference mitigation for RAS can be accomplished through the erection of
fences and other local shielding; and 6) that at frequencies this high, radio
wave propagation is essentially line-of-sight, meaning SRR sensors would have to
point directly at a RAS telescope to cause interference.  LARA also states that
any protection of RAS facilities that may be deemed necessary should be
implemented on a site-by-site basis, rather than any broadly applicable rule
limiting ACC operations.

14. LARA also opposes the proposed secondary allocation for amateur-satellite
service in the 76-77 GHz band, arguing that this allocation would be premature
given that the Radio Amateur Satellite Corporation (AMSAT) has stated that 24
GHz is currently the highest frequency in use for this service and that
amateur-satellite designers currently avoid higher frequency bands that create a
challenge for poorer countries.  If the allocation is implemented, LARA urges
the Commission to adopt power limits on amateur operations because Part 97
permits up to 1500 watts peak envelope power for such operations.  LARA sees
these high power limits as possibly causing interference with vehicle radars.
Delphi argues that the amateur satellite allocation proposal contradicts the
Commission’s decision in 1998 that allowed vehicular radars in the 76-77 GHz
band and removed the amateur satellite allocation to avoid potential
interference problems.   Delphi points out that the Commission found that
removal of the amateur-satellite allocation from this band would not have an
immediate impact on amateur operators because there was little use of this band,
and that sufficient allocations existed elsewhere to ensure unencumbered use of
the amateur satellite service.   Delphi and LARA believe the Commission should
be guided by its 1998 analysis when it suspended access to the 76-77 GHz band by
the amateur-satellite service.

15. Regarding the 77-81 GHz portion of the allocation proposal, SARA argues that
this band should not be allocated to the SRS until further compatibility studies
are conducted.  SARA explains that the 77-81 GHz band has been identified by the
European Conference of Postal and Telecommunications Administrations as a
possible future home for SRR operations that will be forced to relocate from the
24 GHz range before 2014.  It provides arguments similar to LARA’s above
regarding the possible sharing of the 77-81 GHz band between SRRs and the
proposed services and requests that we authorize the use of this band for SRR
operations.   Delphi requests that we commence a proceeding to consider granting
vehicular radars access to the 77-81 GHz band per the Part 15 unlicensed devices
rules.

16. Decision.  While we recognize the concerns of commenters regarding the
allocation of new services in the 76-81 GHz and above 95 GHz bands, we find that
implementing the allocation changes from WRC-2000 in these bands is necessary to
provide EESS and RAS operations with the flexibility to operate in spectrum
suited to meet their needs.  This action will also promote consistency between
the U.S. Table and the International Table.  For the reasons indicated by LARA,
we conclude that, as a practical matter, sharing conflicts are highly unlikely
in any portion of these bands.  However, we also find that the vehicular radar
community raised valid concerns that must be addressed.  We note that most of
the RAS and EESS allocations below 174.8 GHz are co-primary with other active
radio services.  Licensed services will have to share with the passive services
and protect them in many cases.  For the RAS case, we believe that the impact of
this sharing constraint will be minimal since RAS millimeter wave receivers are
usually located on high mountains in order to escape atmospheric absorption of
incoming signals from space.  Such receivers are in rural areas, not the urban
areas where we anticipate most use of these bands by FCC-regulated users.

17. Regarding the 76-77 GHz band, we recognize that vehicular radar operations
in this band may be able to increase the level of safety on highways and benefit
the public.  We agree with LARA that sharing between RAS and SRS and vehicular
radar operations is possible.  Most significantly, under Section 15.253 of the
rules, vehicular radar systems operating in the 76-77 GHz band must not exceed
certain emission limits, depending on the mode of operation, at a distance of 3
meters from the exterior surface of the radiating structure, which reduces the
likelihood that they will cause interference.  Also, RAS observatories are few,
and are sited and designed to be protected from sources of interference.
Therefore, we are allocating the 76-77 GHz band to the RAS on a primary basis.
Similarly, SRS users should be able to site earth stations or use shielding to
protect their operations from vehicular radar operations.  Further, we see no
evidence that SRS downlinks have the potential to interfere with vehicular radar
operations or endanger the user of these devices.  Therefore, we will allocate
the 76-77 GHz band to the SRS on a secondary basis.

18. In addition, we find evidence of potential interference conflicts between
the amateur-satellite service and vehicular radar systems.  Specifically,
amateur stations are operated by hobbyists who could deploy their earth stations
anywhere and amateurs are permitted great flexibility in the type of antenna and
the power they use to transmit.  On this basis, we anticipate that an amateur
earth station could either receive interference to its operations or cause
interference to a passing vehicular radar device.  Therefore, we are not
implementing the proposed secondary amateur-satellite allocation for the 76-77
GHz band at this time.  We will, however, retain the existing secondary amateur
service allocation.  We note that the existing secondary amateur service
allocation in this band is currently suspended and restricted until technical
sharing criteria are developed to address potential sharing problems in this
band.   We continue to find that not allowing amateur operations in the 76-77
GHz band is not a significant burden on this service because amateurs typically
do not operate at these higher frequencies and they are permitted to operate in
the adjacent 77-81 GHz band.

19. In the Notice, the Commission asked for comment on the technical limits for
each service that could promote same band operation as well as possible
interference mitigation procedures.  Regarding the emission limits and other
technical rules for vehicular radar devices in Section 15.253, we see no need to
modify these rules because there is no record to indicate a need to change these
regulations.   Additionally, given our finding that there should not be any
sharing problems between vehicular radar, SRS, and RAS services in the 76-77 GHz
band, we do not see a need to address the status of vehicular radar services at
this time.

20. Regarding the 77-81 GHz segment, we are adopting domestically the RAS and
SRS allocations as proposed in the Notice and set forth in Appendix A.  We find
that it would be premature to prevent the domestic implementation of these
allocations due to possible future use by vehicular radar systems, although we
recognize that there is a great deal of ongoing international discussion about
the current and future spectrum needs of SRR systems.   Further, with regard to
Delphi’s request that we initiate a proceeding to establish rules to allow
vehicular radar operations in the 77-81 GHz segment, entities may file petitions
for rule making requesting the Commission to take such action.  Such petitions
should include specific proposals for technical and other rules.

21. We are adopting our proposal set forth in the Notice to realign spectrum in
the bands above 95 GHz.  This realignment will have little impact on the small
number of systems that are currently implemented in these bands and no parties
filed comments opposing these changes.  By this action, the amount of allocated
spectrum available to most services, such as, amateur, amateur-satellite, EESS,
FSS, ISS, RAS, radiolocation, and SRS will either increase or remain unchanged.
Specifically, the allocation for amateur service will remain unchanged,
amateur-satellite service allocation will remain unchanged, EESS allocation will
increase by 7.8 gigahertz (from 60 gigahertz to 67.8 gigahertz), FSS allocation
will increase by 2 gigahertz (from 53 gigahertz to 55 gigahertz), ISS allocation
will increase by 4.2 gigahertz (from 35 gigahertz to 39.2 gigahertz), RAS
allocation will increase by 81 gigahertz (from 48 gigahertz to 129 gigahertz),
radiolocation allocation will increase by 2.5 gigahertz (from 37 gigahertz to
39.5 gigahertz), and SRS will increase by 24.75 gigahertz (from 60 gigahertz to
84.75 gigahertz).  However, due to incompatibility with passive sensor
operations, the amount of spectrum allocated for a few services will decrease.
Specifically, the allocation for fixed service will decrease by 24.8 gigahertz
(from 117 gigahertz to 92.2 gigahertz), mobile service allocation will decrease
by 24.8 gigahertz (from 127 gigahertz to 102.2 gigahertz), MSS allocation will
decrease by 2.3 gigahertz (from 36 gigahertz to 33.7 gigahertz), radionavigation
service allocation will decrease by 800 megahertz (from 36 gigahertz to 35.2
gigahertz), and RNSS allocation will decrease by 800 megahertz (from 36
gigahertz to 35.2 gigahertz).  We find that the decreases in allocated spectrum
for the above mentioned services will not affect the operability of each
service.

22. We recognize that spectrum sharing conflicts can result from placing certain
of these services in the same or adjacent bands, such as placing RAS and
satellite downlink services in the same band or in adjacent bands.   We find,
however, that because these bands are not expected to be used for anticipated
applications in the foreseeable future, any potential sharing conflicts can be
addressed at a later time as entities seek to make use of these allocations.  By
implementing a variety of allocations in these higher frequencies, we are
providing a flexible allocation environment for applications to be developed.
We will address potential interference conflicts between allocations or develop
technical sharing criteria, as appropriate, as future applications are developed
or through the development of service rules.  The allocation changes we are
making in the 76-81 GHz frequency band and frequency bands above 95 GHz will
promote consistency between our U.S. Table and the International Table.

23. Finally, to make the U.S. Table consistent with WRC-2000 changes, the
Commission proposed to delete the nine United States footnotes that were adopted
in the Table Clean-up Order in DA No. 02-1872  for the purpose of maintaining
the status quo for the U.S. Table.   Now that we are adopting the realignment of
WRC-2000, these nine footnotes no longer apply.  Therefore, we are removing
these footnotes from Section 2.106 of the U.S. Table to reflect WRC-2000
implementation.
B. Maximum Power Density in the Band 55.78-56.26 GHz

24. Proposals.  In December 2000, the Commission adopted a Report and Order to
realign allocations in the 50.2-50.4 GHz and 51.4-71 GHz frequency bands.   One
issue under consideration was whether to protect EESS services in the
55.78-56.26 GHz band by adopting a maximum power spectral density limit that can
be fed to fixed service transmitter antennas.  However, because that band was
allocated to the fixed service on a primary basis and was available for any
fixed point-to-point or point-to-multipoint use, the Commission deferred action
on this issue, stating that it was premature to establish requirement to protect
EESS in the 55.78-56.26 GHz band.   At WRC-2000, the United States stated that
“based upon studies contained within Recommendation ITU-R SA.1279,  sharing is
feasible between the EESS passive and the high density applications in the fixed
service (HDFS), provided that the parameters assumed in the Recommendation are
not exceeded.”   Therefore, the United States proposed to limit the maximum
power spectral density fed to fixed service transmitter antennas at 55.78-56.26
GHz to -28.5 dB (W/MHz).  However, WRC-2000 adopted a higher power spectral
density limit of -26 dB (W/MHz).  NTIA found the WRC-2000 power density limit
unacceptable for domestic use, and requested that we adopt a limit of -28.5 dB
(W/MHz) domestically.  As indicated in Recommendation ITU-R SA.1279, this band
is uniquely suited for remote temperature profile sensing in the atmosphere.
NTIA requested the tighter limit because passive measurements are extremely
vulnerable to interference due to the variability of the atmosphere, which can
have a dramatic impact on climate studies and the quality of weather
predictions.  In the Notice, the Commission proposed to adopt the more stringent
power density limit of -28.5 dB (W/MHz) recommended by NTIA.  The Commission
also proposed to adopt a new United States footnote to reflect the new power
density limit.

25. Decision.  No comments were filed addressing the proposed power spectral
density limit.  We note that no licenses have been issued for operation in the
fixed service in the 55.78-56.26 GHz band.  The Commission has only granted a
few experimental licenses in this spectrum.  We also understand that the current
state of the art output power for fixed systems operating in this spectrum is  –
31.5 dBW/MHz, which is still several dB less than the power that would be
permitted under the output power limit NTIA recommends.  We believe that
adopting the power density limit recommended by NTIA will not have any
significant  immediate or near term impact on use of the 55.78-56.26 GHz band
for fixed service now or in the immediate future.    Therefore, to protect EESS
from unaccepted interference from fixed and mobile operations, we are adopting
footnote US379.  US379 will read as follows:
US379  In the band 55.78-56.26 GHz, in order to protect stations in the Earth
exploration-satellite service (passive), the maximum power density delivered to
fixed service transmitter antennas is limited to -28.5 dB(W/MHz).

We observe, however, that this technology is in its infancy.  Future
developments may warrant use of higher power for the fixed service and we may
find this can be accomplished without compromising interference protection for
the EESS.  Therefore, we reserve the right to revisit this matter with the NTIA
at a later time.

PROCEDURAL MATTERS
A. Final Regulatory Flexibility Certification
26. The Commission has prepared a Final Regulatory Flexibility Certification
concerning this present action.  The Certification is set forth in Appendix B.
This action realigns unused allocations in extremely high frequency bands above
76 GHz.  This action conforms United States frequency allocations above 76 GHz
to international allocations and adopts a domestic limit to protect the EESS
from unacceptable interference.  Neither of these actions will affect existing
operations.
B. Final Paperwork Reduction Act of 1995 Analysis
27. This Report and Order does not contain an information collection subject to
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13.
C. Contact Person
28. For additional information concerning this Report and Order, contact
Shameeka Hunt at 202-418-2062, or via the Internet at [email-masked].
D. Ordering Clauses
29. Accordingly, IT IS ORDERED that pursuant to Sections 1, 4, and 303, of the
Communications Act of 1934, as amended, 47 U.S.C. Sections 151, 154, and 303,
the Report and Order and the rules specified in Appendix A ARE ADOPTED.
 30. IT IS FURTHER ORDERED that the Commission’s Consumer and Governmental
Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report
and Order, including the Final Regulatory Flexibility Certification, to the
Chief Counsel for Advocacy of the Small Business Administration.

    FEDERAL COMMUNICATIONS COMMISSION

 Marlene H. Dortch
 Secretary
 APPENDIX A

FINAL RULES

 For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR Part 2 as follows:

PART 2 – FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND
REGULATIONS

1.  The authority citation for part 2 continues to read as follows:

     Authority:  47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted.

2.  Section 2.106, the Table of Frequency Allocations, is amended as follows:

a.  Revise pages 79 and 81 through 90.

b.  In the list of International Footnotes, remove footnotes 5.563 and 917;
remove headings “I: New Numbering Scheme” and “II: Old Numbering Scheme”; and
remove Note immediately following the heading “INTERNATIONAL FOOTNOTES.”

c.  In the list of United States (US) Footnotes, revise footnotes US74, US211,
US246, US263, and US342; remove footnotes US369, US370, US371, US372, US373,
US374, US375, and US376; and add footnote US379.

     The revisions and addition read as follows:

§ 2.106 Table of Frequency Allocations.

     * * * * *

                                                        50.2-65 GHz (EHF)
Page 79

International Table
United States Table
FCC Rule Part(s)

Region 1
Region 2
Region 3
Federal Government
Non-Federal Government

50.2-50.4
EARTH EXPLORATION-SATELLITE (passive)
SPACE RESEARCH (passive)

5.340 5.555A
50.2-50.4
EARTH EXPLORATION-SATELLITE (passive)
SPACE RESEARCH (passive)

US246

50.4-51.4
FIXED
FIXED-SATELLITE (Earth-to-space)
MOBILE
Mobile-satellite (Earth-to-space)
50.4-51.4
FIXED
FIXED-SATELLITE
 (Earth-to-space)
MOBILE
MOBILE-SATELLITE
 (Earth-to-space)

G117
50.4-51.4
FIXED
FIXED-SATELLITE
 (Earth-to-space)
MOBILE
MOBILE-SATELLITE
 (Earth-to-space)

51.4-52.6
FIXED
MOBILE

5.547 5.556
51.4-52.6
FIXED
MOBILE

52.6-54.25
EARTH EXPLORATION-SATELLITE (passive)
SPACE RESEARCH (passive)

5.340 5.556
52.6-54.25
EARTH EXPLORATION-SATELLITE (passive)
SPACE RESEARCH (passive)

US246

54.25-55.78
EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.556A
SPACE RESEARCH (passive)

5.556B
54.25-55.78
EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.556A
SPACE RESEARCH (passive)

55.78-56.9
EARTH EXPLORATION-SATELLITE (passive)
FIXED 5.557A
INTER-SATELLITE 5.556A
MOBILE 5.558
SPACE RESEARCH (passive)

5.547 5.557
55.78-56.9
EARTH EXPLORATION-SATELLITE (passive)
FIXED US379
INTER-SATELLITE 5.556A
MOBILE 5.558
SPACE RESEARCH (passive)

US263 US353

56.9-57
EARTH EXPLORATION-SATELLITE (passive)
FIXED
INTER-SATELLITE 5.558A
MOBILE 5.558
SPACE RESEARCH (passive)
56.9-57
EARTH EXPLORATION-
 SATELLITE (passive)
FIXED
INTER-SATELLITE G128
MOBILE 5.558
56.9-57
EARTH EXPLORATION-
 SATELLITE (passive)
FIXED
MOBILE 5.558
SPACE RESEARCH

                                                        65-84 GHz (EHF)
Page 81

International Table
United States Table
FCC Rule Part(s)

Region 1
Region 2
Region 3
Federal Government
Non-Federal Government

65-66
EARTH EXPLORATION-SATELLITE
FIXED
INTER-SATELLITE
MOBILE except aeronautical mobile
SPACE RESEARCH

5.547
65-66
EARTH EXPLORATION-
 SATELLITE
FIXED
MOBILE except aeronautical
 mobile
SPACE RESEARCH
65-66
EARTH EXPLORATION-
 SATELLITE
FIXED
INTER-SATELLITE
MOBILE except aeronautical
 mobile
SPACE RESEARCH

66-71
INTER-SATELLITE
MOBILE 5.553 5.558
MOBILE-SATELLITE
RADIONAVIGATION
RADIONAVIGATION-SATELLITE

5.554
66-71
MOBILE 5.553 5.558
MOBILE-SATELLITE
RADIONAVIGATION
RADIONAVIGATION-
 SATELLITE

5.554
66-71
INTER-SATELLITE
MOBILE 5.553 5.558
MOBILE-SATELLITE
RADIONAVIGATION
RADIONAVIGATION-
 SATELLITE

5.554

71-74
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE
MOBILE-SATELLITE (space-to-Earth)
71-74
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE
MOBILE-SATELLITE (space-to-Earth)

US389
Fixed Microwave (101)

74-76
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE
BROADCASTING
BROADCASTING-SATELLITE
Space research (space-to-Earth)
5.559A 5.561
74-76
FIXED
FIXED-SATELLITE
 (space-to-Earth)
MOBILE
Space research
 (space-to-Earth)

US387 US389 74-76
FIXED
FIXED-SATELLITE
 (space-to-Earth)
MOBILE
BROADCASTING
BROADCASTING-
 SATELLITE
Space research
 (space-to-Earth)

US387 US389

76-77.5
RADIO ASTRONOMY
RADIOLOCATION
Amateur
Amateur-satellite
Space research (space-to-Earth)

5.149
76-77
RADIO ASTRONOMY
RADIOLOCATION
Space research
 (space-to-Earth)

US342
76-77
RADIO ASTRONOMY
RADIOLOCATION
Amateur
Space research
 (space-to-Earth)

US342

RF Devices (15)
Amateur (97)
  77-77.5
RADIO ASTRONOMY
RADIOLOCATION
Space research
 (space-to-Earth)

US342
77-77.5
RADIO ASTRONOMY
RADIOLOCATION
Amateur
Amateur-satellite
Space research
 (space-to-Earth)

US342

RF Devices (15)
Amateur (97)

77.5-78
AMATEUR
AMATEUR-SATELLITE
Radio astronomy
Space research (space-to-Earth)

5.149 77.5-78
Radio astronomy
Space research
 (space-to-Earth)

US342
77.5-78
AMATEUR
AMATEUR-SATELLITE
Radio astronomy
Space research
 (space-to-Earth)

US342

Amateur (97)

78-79
RADIOLOCATION
Amateur
Amateur-satellite
Radio astronomy
Space research (space-to-Earth)

5.149 5.560 78-79
RADIO ASTRONOMY
RADIOLOCATION
Space research
 (space-to-Earth)

5.560 US342
78-79
RADIO ASTRONOMY
RADIOLOCATION
Amateur
Amateur-satellite
Space research
 (space-to-Earth)

5.560 US342
79-81
RADIO ASTRONOMY
RADIOLOCATION
Amateur
Amateur-satellite
Space research (space-to-Earth)

5.149 79-81
RADIO ASTRONOMY
RADIOLOCATION
Space research
 (space-to-Earth)

US342 79-81
RADIO ASTRONOMY
RADIOLOCATION
Amateur
Amateur-satellite
Space research
 (space-to-Earth)

US342

81-84
FIXED
FIXED-SATELLITE (Earth-to-space)
MOBILE
MOBILE-SATELLITE (Earth-to-space)
RADIO ASTRONOMY
Space research (space-to-Earth)

5.149 5.561A
81-84
FIXED
FIXED-SATELLITE (Earth-to-space) US297
MOBILE
MOBILE-SATELLITE (Earth-to-space)
RADIO ASTRONOMY
Space research (space-to-Earth)

US342 US388 US389
Fixed Microwave (101)
Page 82

                                                        84-116 GHz (EHF)
Page 83

International Table
United States Table
FCC Rule Part(s)

Region 1
Region 2
Region 3
Federal Government
Non-Federal Government
84-86
FIXED
FIXED-SATELLITE (Earth-to-space) 5.561B
MOBILE
RADIO ASTRONOMY

5.149 84-86
FIXED
FIXED-SATELLITE (Earth-to-space)
MOBILE
RADIO ASTRONOMY

US342 US388 US389
Fixed Microwave (101)
86-92
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)

5.340 86-92
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY US74
SPACE RESEARCH (passive)

US246

92-94
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION

5.149
92-94
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION

US342 US388
RF Devices (15)
Fixed Microwave (101)

94-94.1
EARTH EXPLORATION-SATELLITE (active)
RADIOLOCATION
SPACE RESEARCH (active)
Radio astronomy

5.562 5.562A 94-94.1
EARTH EXPLORATION-
 SATELLITE (active)
RADIOLOCATION
SPACE RESEARCH (active)
Radio astronomy

5.562 5.562A 94-94.1
RADIOLOCATION
Radio astronomy

5.562A
RF Devices (15)

94.1-95
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION

5.149 94.1-95
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION

US342 US388
RF Devices (15)
Fixed Microwave (101)

95-100
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION
RADIONAVIGATION
RADIONAVIGATION-SATELLITE

5.149 5.554
95-100
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION
RADIONAVIGATION
RADIONAVIGATION-SATELLITE

5.554 US342
 100-102
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)

5.340 5.341 100-102
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY US74
SPACE RESEARCH (passive)

5.341 US246
102-105
FIXED
MOBILE
RADIO ASTRONOMY

5.149 5.341 102-105
FIXED
MOBILE
RADIO ASTRONOMY

5.341 US342

105-109.5
FIXED
MOBILE
RADIO ASTRONOMY
SPACE RESEARCH (passive) 5.562B

5.149 5.341
105-109.5
FIXED
MOBILE
RADIO ASTRONOMY
SPACE RESEARCH (passive) 5.562B

5.341 US342

109.5-111.8
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)

5.340 5.341 109.5-111.8
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY US74
SPACE RESEARCH (passive)

5.341 US246
111.8-114.25
FIXED
MOBILE
RADIO ASTRONOMY
SPACE RESEARCH (passive) 5.562B

5.149 5.341 111.8-114.25
FIXED
MOBILE
RADIO ASTRONOMY
SPACE RESEARCH (passive) 5.562B

5.341 US342
114.25-116
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)

5.340 5.341 114.25-116
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY US74
SPACE RESEARCH (passive)

5.341 US246
Page 84

                                                        116-164 GHz (EHF)
Page 85

International Table
United States Table
FCC Rule Part(s)

Region 1
Region 2
Region 3
Federal Government
Non-Federal Government

116-119.98
EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.562C
SPACE RESEARCH (passive)

5.341
116-122.25
EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.562C
SPACE RESEARCH (passive)

ISM Equipment (18)
119.98-122.25
EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.562C
SPACE RESEARCH (passive)

5.138 5.341 5.138 5.341 US211
122.25-123
FIXED
INTER-SATELLITE
MOBILE 5.558
Amateur

5.138 122.25-123
FIXED
INTER-SATELLITE
MOBILE 5.558

5.138 122.25-123
FIXED
INTER-SATELLITE
MOBILE 5.558
Amateur

5.138
ISM Equipment (18)
Amateur (97)
123-130
FIXED-SATELLITE (space-to-Earth)
MOBILE-SATELLITE (space-to-Earth)
RADIONAVIGATION
RADIONAVIGATION-SATELLITE
Radio astronomy 5.562D

5.149 5.554 123-130
FIXED-SATELLITE (space-to-Earth)
MOBILE-SATELLITE (space-to-Earth)
RADIONAVIGATION
RADIONAVIGATION-SATELLITE
Radio astronomy

5.554 US211 US342
130-134
EARTH EXPLORATION-SATELLITE (active) 5.562E
FIXED
INTER-SATELLITE
MOBILE 5.558
RADIO ASTRONOMY

5.149 5.562A 130-134
EARTH EXPLORATION-SATELLITE (active) 5.562E
FIXED
INTER-SATELLITE
MOBILE 5.558
RADIO ASTRONOMY

5.562A US342
134-136
AMATEUR
AMATEUR-SATELLITE
Radio astronomy
134-136
Radio astronomy
 134-136
AMATEUR
AMATEUR-SATELLITE
Radio astronomy

Amateur (97)
136-141
RADIO ASTRONOMY
RADIOLOCATION
Amateur
Amateur-satellite

5.149 136-141
RADIO ASTRONOMY
RADIOLOCATION

US342 136-141
RADIO ASTRONOMY
RADIOLOCATION
Amateur
Amateur-satellite

US342
141-148.5
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION

5.149 141-148.5
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION

US342
148.5-151.5
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)

5.340 148.5-151.5
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY US74
SPACE RESEARCH (passive)

US246

151.5-155.5
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION

5.149 151.5-155.5
FIXED
MOBILE
RADIO ASTRONOMY
RADIOLOCATION

US342
155.5-158.5
EARTH EXPLORATION-SATELLITE (passive) 5.562F
FIXED
MOBILE
RADIO ASTRONOMY
SPACE RESEARCH (passive) 5.562B

5.149 5.562G 155.5-158.5
EARTH EXPLORATION-SATELLITE (passive) 5.562F
FIXED
MOBILE
RADIO ASTRONOMY
SPACE RESEARCH (passive) 5.562B

5.562G US342

158.5-164
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE
MOBILE-SATELLITE (space-to-Earth) 158.5-164
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE
MOBILE-SATELLITE (space-to-Earth)

US211
Page 86

                                                        164-217 GHz (EHF)
Page 87

International Table
United States Table
FCC Rule Part(s)

Region 1
Region 2
Region 3
Federal Government
Non-Federal Government
164-167
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)

5.340
164-167
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY US74
SPACE RESEARCH (passive)

US246
167-174.5
FIXED
FIXED-SATELLITE (space-to-Earth)
INTER-SATELLITE
MOBILE 5.558

5.149 5.562D 167-174.5
FIXED
FIXED-SATELLITE (space-to-Earth)
INTER-SATELLITE
MOBILE 5.558

US211 US342
174.5-174.8
FIXED
INTER-SATELLITE
MOBILE 5.558
174.5-174.8
FIXED
INTER-SATELLITE
MOBILE 5.558
174.8-182
EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.562H
SPACE RESEARCH (passive)
174.8-182
EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.562H
SPACE RESEARCH (passive)
182-185
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)

5.340
182-185
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)

US246
 185-190
EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.562H
SPACE RESEARCH (passive)
185-190
EARTH EXPLORATION-SATELLITE (passive)
INTER-SATELLITE 5.562H
SPACE RESEARCH (passive)
190-191.8
EARTH EXPLORATION-SATELLITE (passive)
SPACE RESEARCH (passive)

5.340 190-191.8
EARTH EXPLORATION-SATELLITE (passive)
SPACE RESEARCH (passive)

US246
191.8-200
FIXED
INTER-SATELLITE
MOBILE 5.558
MOBILE-SATELLITE
RADIONAVIGATION
RADIONAVIGATION-SATELLITE

5.149 5.341 5.554 191.8-200
FIXED
INTER-SATELLITE
MOBILE 5.558
MOBILE-SATELLITE
RADIONAVIGATION
RADIONAVIGATION-SATELLITE

5.341 5.554 US211 US342
200-209
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)

5.340 5.341 5.563A
200-209
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY US74
SPACE RESEARCH (passive)

5.341 5.563A US246

209-217
FIXED
FIXED-SATELLITE (Earth-to-space)
MOBILE
RADIO ASTRONOMY

5.149 5.341 209-217
FIXED
FIXED-SATELLITE (Earth-to-space)
MOBILE
RADIO ASTRONOMY

5.341 US342
Page 88

                                                        217-1000 GHz (EHF)
Page 89

International Table
United States Table
FCC Rule Part(s)

Region 1
Region 2
Region 3
Federal Government
Non-Federal Government
217-226
FIXED
FIXED-SATELLITE (Earth-to-space)
MOBILE
RADIO ASTRONOMY
SPACE RESEARCH (passive) 5.562B

5.149 5.341
217-226
FIXED
FIXED-SATELLITE (Earth-to-space)
MOBILE
RADIO ASTRONOMY
SPACE RESEARCH (passive) 5.562B

5.341 US342
226-231.5
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)

5.340
226-231.5
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)

US246
231.5-232
FIXED
MOBILE
Radiolocation 231.5-232
FIXED
MOBILE
Radiolocation
232-235
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE
Radiolocation 232-235
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE
Radiolocation
235-238
EARTH EXPLORATION-SATELLITE (passive)
FIXED-SATELLITE (space-to-Earth)
SPACE RESEARCH (passive)

5.563A 5.563B
235-238
EARTH EXPLORATION-SATELLITE (passive)
FIXED-SATELLITE (space-to-Earth)
SPACE RESEARCH (passive)

5.563A 5.563B
238-240
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE
RADIOLOCATION
RADIONAVIGATION
RADIONAVIGATION-SATELLITE
238-240
FIXED
FIXED-SATELLITE (space-to-Earth)
MOBILE
RADIOLOCATION
RADIONAVIGATION
RADIONAVIGATION-SATELLITE
240-241
FIXED
MOBILE
RADIOLOCATION 240-241
FIXED
MOBILE
RADIOLOCATION

241-248
RADIO ASTRONOMY
RADIOLOCATION
Amateur
Amateur-satellite

5.138 5.149
241-248
RADIO ASTRONOMY
RADIOLOCATION

5.138 US342
241-248
RADIO ASTRONOMY
RADIOLOCATION
Amateur
Amateur-satellite

5.138 US342

ISM Equipment (18)
Amateur (97)

248-250
AMATEUR
AMATEUR-SATELLITE
Radio astronomy

5.149
248-250
Radio astronomy

US342
248-250
AMATEUR
AMATEUR-SATELLITE
Radio astronomy

US342

Amateur (97)

250-252
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY
SPACE RESEARCH (passive)

5.340 5.563A
250-252
EARTH EXPLORATION-SATELLITE (passive)
RADIO ASTRONOMY US74
SPACE RESEARCH (passive)

5.563A US246

252-265
FIXED
MOBILE
MOBILE-SATELLITE (Earth-to-space)
RADIO ASTRONOMY
RADIONAVIGATION
RADIONAVIGATION-SATELLITE

5.149 5.554 252-265
FIXED
MOBILE
MOBILE-SATELLITE (Earth-to-space)
RADIO ASTRONOMY
RADIONAVIGATION
RADIONAVIGATION-SATELLITE

5.554 US211 US342

265-275
FIXED
FIXED-SATELLITE (Earth-to-space)
MOBILE
RADIO ASTRONOMY

5.149 5.563A
265-275
FIXED
FIXED-SATELLITE (Earth-to-space)
MOBILE
RADIO ASTRONOMY

5.563A US342

275-1000
(Not allocated) 5.565
275-1000
(Not allocated) 5.565
Page 90
       * * * * *
UNITED STATES (US) FOOTNOTES

     * * * * *

     US74  In the bands 25.55-25.67, 73.0-74.6, 406.1-410.0, 608-614, 1400-1427,
1660.5-1670.0, 2690-2700, and 4990-5000 MHz and in the bands 10.68-10.7,
15.35-15.4, 23.6-24.0, 31.3-31.5, 86-92, 100-102, 109.5-111.8, 114.25-116,
148.5-151.5, 164-167, 200-209, and 250-252 GHz, the radio astronomy service
shall be protected from extraband radiation only to the extent that such
radiation exceeds the level which would be present if the offending station were
operating in compliance with technical standards or criteria applicable to the
service in which it operates.  Radio astronomy observations in these bands are
performed at the locations listed in US311.
     * * * * *
     US211  In the bands 1670-1690, 5000-5250 MHz and 10.7-11.7, 15.1365-15.35,
15.4-15.7, 22.5-22.55, 24-24.05, 31.0-31.3, 31.8-32.0, 40.5-42.5, 116-122.25,
123-130, 158.5-164, 167-168, 191.8-200, and 252-265 GHz, applicants for airborne
or space station assignments are urged to take all practicable steps to protect
radio astronomy observations in the adjacent bands from harmful interference;
however, US74 applies.
     * * * * *
     US246 No station shall be authorized to transmit in the following bands:
  608-614 MHz, except for medical telemetry equipment,
  1400-1427 MHz,
  1660.5-1668.4 MHz,
  2690-2700 MHz,
  4990-5000 MHz,
  10.68-10.7 GHz,
  15.35-15.4 GHz,
  23.6-24 GHz,
  31.3-31.8 GHz,
  50.2-50.4 GHz,
  52.6-54.25 GHz,
  86-92 GHz,
  100-102 GHz,
  109.5-111.8 GHz,
  114.25-116 GHz,
  148.5-151.5 GHz,
  164-167 GHz,
  182-185 GHz,
  190-191.8 GHz,
  200-209 GHz,
  226-231.5 GHz,
  250-252 GHz.
     * * * * *
     US263  In the bands 21.2-21.4 GHz, 22.21-22.5 GHz, 36-37 GHz, and
56.26-58.2 GHz, the space research and Earth exploration-satellite services
shall not receive protection from the fixed and mobile services operating in
accordance with the Table of Frequency Allocations.
     * * * * *
     US342   In making assignments to stations of other services to which the
bands:
13360-13410 kHz 22.21-22.5 GHz 129.23-129.49 GHz
25550-25670 kHz 22.81-22.86 GHz 130-134 GHz
37.5-38.25 MHz 23.07-23.12 GHz 136-148.5 GHz
322-328.6 MHz 31.2-31.3 GHz 151.5-158.5 GHz
1330-1400 MHz  36.43-36.5 GHz  168.59-168.93 GHz
1610.6-1613.8 MHz  42.5-43.5 GHz 171.11-171.45 GHz
1660-1670 MHz  48.94-49.04 GHz  172.31-172.65 GHz
3260-3267 MHz  76-86 GHz 173.52-173.85 GHz
3332-3339 MHz 92-94 GHz 195.75-196.15 GHz
3345.8-3352.5 MHz 94.1-100 GHz 209-226 GHz
4825-4835 MHz 102-109.5 GHz 241-250 GHz
14.47-14.5 GHz 111.8-114.25 GHz 252-275 GHz
22.01-22.21 GHz 128.33-128.59 GHz

are allocated, all practicable steps shall be taken to protect the radio
astronomy service from harmful interference.  Emissions from spaceborne or
airborne stations can be particularly serious sources of interference to the
radio astronomy service (see Nos. 4.5 and 4.6 and Article 29 of the ITU Radio
Regulations).
     * * * * *
     US379  In the band 55.78-56.26 GHz, in order to protect stations in the
Earth exploration-satellite service (passive), the maximum power density
delivered by a transmitter to the antenna of a fixed service station is limited
to -28.5 dB(W/MHz).
     * * * * *

APPENDIX B

FINAL REGULATORY FLEXIBILITY CERTIFICATION

 The Regulatory Flexibility Act of 1980, as amended (RFA),  requires that an
initial regulatory flexibility analyses be prepared for notice-and-comment rule
making proceedings, unless the agency certifies that “the rule will not, if
promulgated, have a significant economic impact on a substantial number of small
entities.”   The RFA generally defines the term “small entity” as having the
same meaning as the terms “small business,” “small organization,” and “small
governmental jurisdiction.”   In addition, the term “small business” has the
same meaning as the term “small business concern” under the Small Business
Act.   A “small business concern” is one which:  (1) is independently owned and
operated; (2) is not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration (SBA).

 In this Report and Order, we realign allocations in the bands 76-81 GHz and
95-1000 GHz consistent with the international allocation changes obtained at
WRC-2000.  This action aligns passive allocations for RAS and EESS services with
spectrum that is more suited for such operations and continues the Commission’s
efforts to promote the commercial development and growth of the “millimeter
wave” spectrum, which will provide for future developments in technology and
equipment.  In this Report and Order, we also adopt domestically the United
States proposal at WRC-2000 in regards to the maximum power density delivered by
a transmitter to the antenna of a fixed service in the 55.78-56.26 GHz band.
This action protects EESS from unaccepted interference from fixed and mobile
operations.  These adopted changes will not cause a significant adverse economic
impact to small entities because there are no licensed commercial uses above 76
GHz; that is, no incumbent licensees will be affected.  Service rules will be
adopted in later proceedings, as appropriate.
 Therefore, we certify that the requirements of the Report and Order will not
have a significant economic impact on a substantial number of small entities.
The Commission will send a copy of the Report and Order, including a copy of
this Final Regulatory Flexibility Certification, in a report to Congress
pursuant to the Congressional Review Act.   In addition, the Report and Order
and this final certification will be sent to the Chief Counsel for Advocacy of
the SBA, and will be published in the Federal Register.
 SEPARATE STATEMENT OF
COMMISSIONER JONATHAN S. ADELSTEIN

Re:  Amendment of Part 2 of the Commission’s Rules to Realign the 76-81 GHz and
the Frequency Range Above 95 GHz Consistent with International Allocation
Changes; ET Docket No. 03-102

I support our decision to realign the allocations in the 76-81 GHz and above 95
GHz bands to generally conform with international allocations established at
WRC-2000.  I am hopeful that these changes will provide enhanced opportunities
for future earth exploration satellite and radio astronomy services.

I write separately to also express my strong support for the vehicular radio
services that currently use the 76-77 GHz band and those that currently use the
24 GHz band and may migrate to 77-81 GHz segment.  I think that these services,
such as adaptive cruise control and short range automotive radars, are exciting
and productive new technologies, and we should continue to encourage their
ongoing development and deployment.

I am pleased that we conclude in this item that sharing conflicts are highly
unlikely in the bands between future operations of the scientific satellite
services and the vehicular radar community, and that we do not impose any
operational limitations on vehicular radar systems.  I want to encourage the
continued growth of these vehicular services because of their many consumer and
safety benefits.

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