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File how2ftp (.txt & .wp) is in directory /pub/Bureaus/Miscellaneous/Public_Notices/ ***************************************************************** ******** $//NPRM, CMRS Flexible Service Offerings, FCC 96-17//$ $/2.106, Table of Frequency Allocations/$ FOR RECORD ONL FCC 96-17 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Amendment of the Commission's Rules ) WT Docket No. 96-6 To Permit Flexible Service Offerings ) in the Commercial Mobile Radio Services ) NOTICE OF PROPOSED RULE MAKING Adopted: January 24, 1996 Released: January 25, 1996 COMMENT DATE: February 26, 1996 REPLY COMMENT DATE: March 18, 1996 BY THE COMMISSION: Commissioner Chong issuing a separate statement. Table of Contents Paragraph I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 II. BACKGROUND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 III. DISCUSSION A. Expanded Service Options on PCS Channels. . . . . . . . . . . 10 B. Expanded Service Options on Other CMRS Channels . . . . . . . 16 C. Regulatory Treatment When Fixed Wireless Local Loop Services Are Provided On CMRS Systems. . . . . . . . . . . . . . . . . . . . . . . 19 D. Universal Service Obligations . . . . . . . . . . . . . . . . 21 E. Other Possible Fixed Services for CMRS. . . . . . . . . . . . 22 F. Proposed Changes to Table of Frequency Allocations. . . . . . 26 IV. CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 V. PROCEDURAL MATTERS A. Regulatory Flexibility Act. . . . . . . . . . . . . . . . . . 28 B. Ex Parte Rules -- Non-Restricted Proceeding . . . . . . . . . 29 C. Comment Dates . . . . . . . . . . . . . . . . . . . . . . . . 30 D. Ordering Clause . . . . . . . . . . . . . . . . . . . . . . . 31 E. Contact Person. . . . . . . . . . . . . . . . . . . . . . . . 32 APPENDIX A -- INITIAL REGULATORY FLEXIBILITY ANALYSIS APPENDIX B -- PROPOSED RULES (Table of Allocations) I. INTRODUCTION 1. In this Notice of Proposed Rule Making ("Notice"), we propose that broadband Commercial Mobile Radio Service ("CMRS")("broadband CMRS") providers be authorized to offer fixed wireless local loop service. We also solicit comment on whether other or all fixed services should be permitted in addition to the mobile and related fixed services now permitted. We initiate this proceeding on our own motion to address the uncertainty in our existing rules on the extent to which fixed services may be provided by broadband Personal Communications Service ("PCS"), Cellular Radiotelephone Service ("cellular"), and Special Mobile Radio ("SMR") providers. The measures we propose should increase competition within wireless services and promote competition between wireless and wireline services. II. BACKGROUND 2. The Communications Act defines "mobile service" as a "radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves and includes (1) both one-way and two-way radio communication services, (2) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and (3) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding." 47 U.S.C.  153(n). 3. In the CMRS Second Report and Order, the Commission interpreted the statutory definition of mobile service to include "all auxiliary services provided by mobile services licensees," but then distinguished between fixed point-to-point services and those services capable of being provided in a "mobile mode." The CMRS Second Report and Order excludes from the mobile definition those services which are solely fixed in nature (e.g., Basic Exchange Telephone Radio Service (BETRS)), but categorizes other services that have some fixed uses as mobile by virtue of having a mobile component or mobile capabilities. For example, we determined that services provided through dual-use equipment, such as Inmarsat- M terminals that can be moved while transmitting, are mobile. 4. Our current rules for broadband CMRS services allow licensees to provide all forms of mobile services, including local loop services that are mobile in nature. In addition, broadband CMRS providers may provide some forms of fixed service subject to certain limitations. Our PCS rules, for instance, permit PCS licensees to provide any fixed service that is ancillary to their mobile operations. Likewise, SMR providers may use licensed spectrum for certain fixed uses on a secondary, non-interference basis to the primary mobile operations of any other licensee. Cellular carriers may provide auxiliary common carrier services and services premised on the use of alternative cellular technologies, so long as such services do not interfere with the authorized cellular service. Fixed services also may be provided by cellular licensees as incidental communication services under our incidental service rules. 5. Local exchange service delivered by radio link may be provided using architectures consisting of mobile, fixed, or a combination of those components. For example, one possible architecture would be radio-based telephone instruments that are mobile, whether in the home, office, or any other fixed location. Another example would combine wired telephone instruments with a fixed wireless link from the street to a demarcation box on the side of a house, building, or other premises to which wiring connects. Our current rules are unclear, however, on the scope of fixed ancillary services that may be provided by PCS carriers, and as to the types of secondary, auxiliary or incidental services that may be provided by other CMRS providers. Although we previously held that all auxiliary services provided by mobile service licensees would be considered in the definition of "mobile" service by such carriers, we are finding that carriers are hesitant to take advantage of that flexibility without further guidance from the Commission. We note our original purpose in limiting this spectrum to mobile and related services was to ensure that adequate spectrum was available for these services, which cannot feasibly be provided at higher frequencies. However, it appears that the characterization of permissible use in our rules may be inhibiting carriers intending to use radio links to replace existing wireline service or to bring service to rural or less attractive areas otherwise not being adequately served by wireline providers. 6. We propose to define "wireless local loop" as the path between the subscriber and the first point of switching or aggregation of traffic. We seek comment on whether this definition will encompass the anticipated service needs of consumers and whether such a definition gives certainty to CMRS providers that are planning and marketing competitive wireless telecommunications networks. We propose a definition for wireless local loop that is sufficiently broad that it is unnecessary to examine the mobile or fixed nature of each particular application. 7. The Commission has discretion under Section 303 of the Communications Act to prescribe the nature of the service to be rendered over radio frequencies and to assign or allocate frequencies to various classes of stations. Nothing in the language of Section 303 (or its legislative history) suggests that the Commission is prohibited from assigning spectrum to stations for more than one permissible use. Furthermore, the Commission is guided by the policies set forth in the Communications Act to encourage the provision of new technologies and services to the public. 8. The federal government as well as state governments are interested in removing barriers to competitive provision of local exchange service throughout the United States. Over the last several years, the Commission and various state governments have taken a number of actions that increased opportunities for competitive provision of local telecommunications services. A number of states have already enacted legislation or completed other measures to introduce new local exchange service providers. In a series of decisions from 1992 to 1994, the Commission implemented expanded interconnection and collocation policies that created new opportunities for competitive provision of access services that have been traditionally offered by only the local telephone companies. These decisions were fundamental to opening the interstate special access and switched transport markets to competition. 9. More recently, in a Notice of Proposed Rule Making adopted in July, 1995, the Commission noted that the Local Multipoint Distribution Service -- a wireless technology operating in the 28 GHz band -- "may provide services that compete with local exchange carriers in the provision of local exchange service...." By the instant Notice, the Commission takes additional steps to foster competitive local exchange service by proposing that broadband CMRS providers also be able to offer the equivalent of local exchange service using existing allocations for PCS, cellular and SMR. The flexible regulatory scheme proposed in this Notice will help eliminate the need for the Commission to initiate a rule making or grant multiple waivers each time a broadband CMRS provider or new entrant to a market wishes to adjust its operational mode to respond to consumers' changing communications requirements. Our proposed approach here is consistent with prior decisions and current proposals. III. DISCUSSION A. Expanded Service Options on PCS Channels. 10. In the Notice of Proposed Rule Making in the PCS proceeding ("PCS NPRM"), we observed that personal communications requirements are changing rapidly as our society becomes more mobile and the demand for nearly instantaneous communications and universal access increases. We proposed to define PCS as a family of services that could provide communications to individuals and business, and be integrated with a variety of competing networks. Most of the commenters in the PCS proceeding agreed that PCS should be flexible enough to provide a wide range and variety of services, envisioned generally as mobile or portable radio communications. The PCS NPRM further proposed that fixed services generally be allowed only as ancillary to mobile PCS services. Some parties in the PCS proceeding argued, however, that restrictions on use of PCS spectrum for fixed services on PCS channels are inadequate to define an emerging technology and implementation of a new service. 11. A number of early trials under PCS experimental licenses included a variety of technologies and service concepts, including personal communications networks (PCN), private branch exchange (PBX), and wireless local loop. We indicated that wireless local loop service is a type of PCS in the PCS NPRM. Based upon concepts expressed in comments, the experimental applications granted, and the pioneer preference requests, we concluded in the PCS Second Report and Order that proposed services and devices would likely range from advanced wireless replacements for ordinary telephones to radio communications devices capable of sending and receiving voice and data to and from virtually anywhere. Specific kinds of PCS services and devices cited in the PCS Second Report and Order were expected to include advanced forms of cellular telephone service, advanced digital cordless telephone service, portable facsimile services, wireless PBX services, and wireless local area network (LAN) services, among others. We predicted that these new services and devices would operate through existing public switched networks, or through alternative local networks such as cable television systems. We also indicated, however, that PCS also would exist independent of local wired networks, "filling gaps in existing communications services and creating new markets." 12. Accordingly, our current PCS rules permit licensees to provide any mobile communications service on their assigned frequencies to satisfy mobile communications needs. The rules also provide that "fixed services (except for broadcast services) may be provided if ancillary to mobile operations." 47 C.F.R.  24.3. Otherwise, a carrier must seek a waiver to offer primarily fixed service, demonstrating that such service best meets the demands of an area. The rationale for prohibiting broadcast and non-ancillary fixed services in PCS spectrum was the limited amount of spectrum available to provide mobile service and the availability of other frequency bands or other media to provide broadcast and fixed services. The ancillary fixed use language was not intended, however, to exclude fixed services totally, but to preserve the anticipated mobile operations attributable to PCS technologies as understood in the earlier stages of PCS development. 13. The current restriction on fixed use of the channels in our PCS rules may not reflect current stages of the developing PCS market and could hinder carriers from quickly and economically using channel capacity to meet changing market demand. As indicated in the earlier PCS proceedings, we always have intended wireless local loop to be a part of the family of services that meet our definition of PCS, whether implemented as a mobile or fixed service. We therefore propose to amend our existing broadband PCS rules to clarify that broadband PCS providers may provide wireless local loop services, as defined above, along with mobile service as principal uses of spectrum allocated to broadband PCS. Under this proposal, the permissible communications language in the existing broadband PCS rules would be amended to explicitly encompass fixed wireless local loop. 14. While broadband PCS systems will use digital or other highly efficient technology to achieve tremendous system capacity, current technology supports economical mobile services only up to approximately 3 GHz. Given this technological constraint, we seek comment on whether the currently allocated broadband PCS spectrum will provide sufficient capacity for mobile uses if fixed wireless local loop services are provided on broadband PCS spectrum. Alternatively, should the Commission allow the operation of the market to determine the most efficient use of the broadband PCS spectrum? 15. Finally, we seek comment on whether additional interference or other operational rules are needed to accommodate fixed wireless local loop uses of the broadband PCS channels. What changes are needed to our existing technical rules? Are additional technical rules required to govern fixed wireless local loop uses in the broadband PCS bands? Our intent is to have the necessary technical rules to minimize interference without unduly hindering a carrier's ability to offer a variety of services. B. Expanded Service Options on Other CMRS Channels. 16. The proposed changes in the broadband PCS rules to expand the service offerings permissible on broadband PCS channels to include fixed wireless local loop services would suggest that similar treatment be afforded to other categories of CMRS that have the potential to directly compete with PCS. The Commission previously has held that all commercial mobile radio services are "substantially similar" by virtue of existing competition or the potential for competition among the CMRS categories. In our recent report to Congress on CMRS competition, we reiterated our previous findings in the CMRS proceeding that cellular and SMR services in the short term are most likely to directly compete with each other and with broadband PCS, because each service consists largely of two-way, mobile telephony. Broadening the permissible service options for cellular and SMR results in those CMRS providers having more flexibility to meet market demand, including meeting demand that traditionally has been serviced by wireline common carriers. We therefore propose to permit licensees to provide fixed wireless local loop services on their licensed cellular and SMR spectrum. 17. As with PCS, we seek comment regarding (1) whether and to what extent cellular and SMR service rules should be changed to permit flexibility in the provision of fixed wireless local loop as well as mobile services; (2) implications on the availability of spectrum for mobile services (see  14, supra); and (3) specific operational, interference or technical rules to permit fixed wireless local loop uses of the cellular and SMR channels. 18. In recognition that CMRS consists of "substantially similar" services by virtue of potential competition among and between all of those services, we also request comment on whether the public interest would be served by also permitting "narrowband" CMRS providers the operational flexibility to offer fixed wireless local loop services as proposed for broadband CMRS. These other "narrowband" CMRS offerings include paging, narrowband PCS, commercial 220 MHz service, and interconnected business radio service (collectively, "narrowband CMRS"). C. Regulatory Treatment When Fixed Wireless Local Loop Services Are Provided On CMRS Systems. 19. If we ultimately decide to allow fixed wireless local loop services by CMRS providers, we also must decide how such services are to be regulated. It is clear that PCS providers intend to integrate mobile, wireless fixed, wireline networks, and cable facilities into seamless packaged offerings that could span several states. Some of these networks will go beyond regional coverage to achieve seamless nationwide coverage. The Omnibus Reconciliation Act of 1993 ("Budget Act"), which amended the Communications Act to create the CMRS regulatory classification, reflects Congress' intent to establish regulatory symmetry among mobile services. The broad goal of this legislation was to ensure that economic forces -- not disparate regulatory requirements -- shape the development of the CMRS marketplace. In addition, we established in the CMRS Second Report and Order that all auxiliary services provided by mobile services licensees would be included within the definition of mobile services, including ancillary fixed communications offered by PCS providers, to preserve the flexibility necessary to meet growing consumer demand for a broad range of mobile services. 20. The ability of a carrier to offer consumers a "menu" of services, which could include fixed wireless local loop services, adds value to the carrier's mobile services because it gives the mobile customer the option of using the fixed and mobile applications offered by a single provider. Presumably, to achieve economies of scale with such integrated networks, those carriers would use the same facilities, regardless of whether the services are provided intrastate or interstate. Consequently, we do not want to discourage the development of such integrated networks by subjecting carriers to multiple layers of regulation. We, therefore, propose to treat fixed wireless local loop services as an integral part of the CMRS services offered by a CMRS provider, so long as the carrier otherwise offers interconnected, for-profit mobile service to the public on licensed CMRS spectrum as provided by the Communications Act. We seek comment on this proposal and invite commenters to offer alternate proposals. We note that in the CMRS Second Report and Order we presumptively classified PCS as CMRS, allowing each PCS provider to make a showing that one or more of its services are private by demonstrating that the service is not within the CMRS definition. We will continue to allow PCS licensees to overcome the CMRS presumption upon the proper demonstration that such services do not qualify as CMRS. D. Universal Service Obligations. 21. The Commission has a number of universal service programs in place that seek to promote the availability of telephone service. Our Lifeline and Link Up programs provide assistance to low income and elderly residential subscribers, and the Universal Service Fund program provides assistance to telephone companies operating in high cost areas. These programs are administered by the National Exchange Carrier Association in cooperation with the states pursuant to Commission requirements. Should we ultimately adopt the rules we propose herein, CMRS licensees would be permitted to provide fixed wireless local loop services that in some respects could be similar to wireline telephone local exchange service. We seek comment on the extent to which any of our universal service programs should be modified to encompass, or impose obligations on, CMRS providers that offer the equivalent of local exchange service. We currently are examining universal service issues more broadly in separate proceedings, including the extent to which competitive local exchange service providers should be eligible for high cost support. As stated in those proceedings, competition in local exchange service can be provided by different kinds of service providers, including cellular carriers, and our universal service programs should not favor a particular technology. It is the Commission's preference, if feasible, to treat the universal service obligation issues raised in this proceeding in our decisions in the universal service proceedings. E. Other Possible Fixed Services for CMRS. 22. In addition to proposing that CMRS providers be allowed to offer fixed as well as mobile wireless local loop, we seek comment on whether certain other fixed services should be allowed as well, or alternatively, whether CMRS providers should be allowed to provide any form of fixed service without restriction. We note that wireless local telephone service may not be the only technically and economically viable fixed service that could be accommodated on spectrum allocated to CMRS providers. Other potential wireless fixed services may include wireless Internet access, electronic funds transfers, point-of-purchase credit card verification, and remote monitoring. We seek comment on whether these potential uses are included or excluded in our proposed definition of wireless local loop. If excluded, should CMRS providers be allowed to provide these services in addition to wireless local loop? Are there other potential fixed services for which demand may exist? We seek comment on whether allowing CMRS providers to offer fixed wireless local loop but not other fixed services may unduly restrict the ability of carriers to develop wireless networks that otherwise would meet various needs of the consuming public. 23. Assuming that we allow CMRS providers to offer fixed services other than fixed wireless local loop, we also seek comment on whether there should be any restrictions on fixed use of this spectrum. Allowing CMRS spectrum to be used for certain fixed applications does not necessarily mean that all fixed services should be permitted. On the other hand, imposing restrictions on fixed use of this spectrum could impose a regulatory burden on carriers, increase the need for oversight of CMRS operations by the Commission to verify compliance, and might inhibit development of beneficial uses of the spectrum that we cannot anticipate. We note that, as a practical matter, technical factors may limit CMRS providers' ability to offer some fixed services on channels allocated for mobile telecommunications. There are many point-to-point operations which may not be feasible on a system designed for mobile use. Under what circumstances should we limit fixed services by CMRS providers in order to ensure technical compatibility? 24. We believe that our regulatory approach should allow licensees to adapt quickly to technological innovation and changing consumer demands. We also seek to ensure, however, that our approach to fixed use of this spectrum does not restrict the potential future growth of mobile services, particularly in light of the relatively limited portion of the spectrum in which mobile use is feasible as compared to the much larger amount compatible with fixed use. Recently, the National Telecommunications and Information Administration concluded that demand for mobile spectrum will substantially increase over the next decade, while demand for fixed use will decrease. We solicit comment on these conclusions, including ways to ensure that spectrum is available to meet future mobile needs, and on the implications for our proposals herein. Parties identifying a potential deficiency for mobile services should also address whether that deficiency could be remedied by authorizing mobile services in spectrum currently designated for fixed services. Would the public benefit more from continuing to provide CMRS spectrum for principally mobile uses, from broadening our definition of permissible fixed services to include specific additional applications, or from permitting all fixed and mobile uses in the same spectrum? 25. To the extent that we permit CMRS providers to offer fixed services other than fixed wireless local loop, the issues raised in previous sections may also apply. We seek comment on those issues applicable to other fixed services. In particular, if we permit CMRS providers to offer fixed services in addition to fixed wireless local loop, we must determine how those services are to be regulated. We therefore ask for comment on the issues raised in paragraphs 19-20, supra. F. Proposed Changes to Table of Frequency Allocations 26. In accordance with our proposals listed above, we propose to amend the domestic Table of Frequency Allocations as set forth in Appendix B. Currently, wide-area SMR and cellular bands are allocated internationally to fixed and mobile services on a co-primary basis, but within the United States they are allocated only to land mobile services. Therefore, we propose to amend the domestic Table of Frequency Allocations for the 806-821, 851-866, 896-901, and 935-940 MHz bands to permit them to make use of the allocations for both fixed and mobile services on a co-primary basis. The extent to which such allocations may be used will be determined by final decisions resulting from the service rules proposals in this proceeding. We request comment on this proposal. IV. CONCLUSION 27. The proposals set forth in this Notice expand the services available to consumers and the service options available to broadband CMRS providers developing competitive wireless offerings. The Notice proposes to allow all broadband CMRS providers the regulatory flexibility to offer fixed wireless local loop services, and seeks comment on whether the public interest is served by further expansion to include some or all other fixed services. Where fixed wireless local loop services are offered, we propose that CMRS regulation continue to apply if a carrier offers interconnected, for-profit mobile service to subscribers. Comment is sought on similar treatment for other categories of fixed services. Our purpose is to reduce any undue regulatory burdens on CMRS providers, as contemplated by the Communications Act, and to enhance competition. Our efforts should promote the development and deployment of new and innovative wireless telecommunications networks. V. PROCEDURAL MATTERS A. Regulatory Flexibility Act 28. As required by Section 603 of the Regulatory Flexibility Act, the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the expected impact on small entities of the proposals suggested in this document. The IRFA is set forth in Appendix A. Written public comments are requested on the IRFA. These comments must be filed in accordance with the same filing deadlines as comments on the rest of the Notice of Proposed Rule Making, but they must have a separate and distinct heading designating them as responses to the IRFA. The Secretary shall send a copy of this Notice of Proposed Rule Making, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration in accordance with paragraph 603(a) of the Regulatory Flexibility Act. Pub. L. No. 96-354, 94 Stat. 1164, 5 U.S.C.  601 et seq. (1981). B. Ex Parte Rules -- Non-Restricted Proceeding 29. This is a non-restricted notice and comment rule making proceeding. Ex parte presentations are permitted except during the Sunshine Agenda period, provided they are disclosed as provided in Commission rules. See generally 47 C.F.R.  1.1202, 1.1203, and 1.1206(a). C. Comment Dates 30. Pursuant to applicable procedures set forth in Sections 1.415 and 1.419 of the Commission s Rules, 47 C.F.R.  1.415 and 1.419, interested parties may file comments by February 26, 1996; reply comments are due March 18, 1996. To file formally in this proceeding you must file an original and four copies of all comments and supporting comments. If you want each Commissioner to receive a personal copy of your comments, you must file an original plus nine copies. You should send your comments to Office of the Secretary, Federal Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. A copy of all comments should also be filed with the Commission's copy contractor, ITS, Inc., 2100 M Street, N.W., Suite 140, (202) 857-3800. Comments will be available for public inspection during regular business hours in the Reference Center of the Federal Communications Commission, 2025 M Street, N.W., Room 5608, Washington, D.C. 20554. D. Ordering Clause 31. Authority for issuance of this Notice of Proposed Rule Making is contained in Sections 4(i), 4(j), 7(a), 303(b), 303(f), 303(g), 303(r), 309(j), and 332(c) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j), 157(a), 303(b), 303(f), 303(g), 303(r), 309(j) and 332(c). E. Contact Person 32. For further information concerning this proceeding, contact Sandra K. Danner (Acting Chief, Legal Branch, Commercial Wireless Division, Wireless Telecommunications Bureau) at (202) 418-0620. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary APPENDIX A INITIAL REGULATORY FLEXIBILITY ANALYSIS Regulatory Flexibility Act As required by Section 603 of the Regulatory Flexibility Act, the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the expected impact on small entities of the policies and rules proposed in this Notice of Proposed Rule Making ("Notice"). Written public comments are requested on the IRFA. Comments must have a separate and distinct heading designating them as responses to the IRFA and must be filed by the comment deadlines provided above. 1. Reason for Action: This rule making proceeding was initiated to secure comment on proposals to expand the uses of available CMRS spectrum to provide greater flexibility to carriers, while at the same time promoting the public interest. 2. Objectives: The Commission proposes changes to its rules to facilitate the availability of frequencies for a wide variety of commercial uses, without the need for the Commission to hold new rule making proceedings or process multiple waiver requests as technology and marketplace demand change. At the same time, the action is intended to ensure that all spectrum licensed to mobile service entities is utilized to serve the public's communications needs. 3. Legal Basis: The proposed action is authorized under Sections 4(i), 4(j), 7(a), 303(b), 303(f), 303(g), 303(r), 309(j), and 332(c) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j), 157(a), 303(b), 303(f), 303(g), 303(r), 309(j), and 332(c). 4. Reporting, Recordkeeping, and Other Compliance Requirements: The proposals under consideration in this Notice do not include the possibility of new reporting and recordkeeping requirements for small business entities. 5. Federal Rules Which Overlap, Duplicate or Conflict With These Rules: None. 6. Description, Potential Impact, and Number of Small Entities Involved: The rule changes proposed in this proceeding could affect small businesses in competition with mobile service providers under the Commission's rules, regardless of whether each small business avails itself of the favorable rule changes. After evaluating the comments in this proceeding, the Commission will further examine the impact of any rule changes on small entities and set forth our findings in the Final Regulatory Flexibility Analysis. 7. Any Significant Alternative Minimizing the Impact on Small Entities Consistent with the Stated Objectives: This Notice proposes operating changes to enhance the ability of commercial mobile radio service providers, including small commercial radio service providers, to serve a variety of consumer needs to advance economic opportunity and improve competition in the commercial mobile radio services. In addition, the Notice solicits comments on alternatives to the operating changes being proposed and additional operational safeguards which will need to be instituted. Appendix B: Proposed Rules Part 2 of title 47 of the Code of Federal Regulations are proposed to be amended as follows: PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 1. The authority citation for Part 2 continues to read as follows: AUTHORITY: Sec. 4, 302, 303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154, 302, 303 and 307, unless otherwise noted. 2. Section 2.106, the Table of Frequency Allocations, is amended as follows: a. Columns 1 through 7 in the 470 - 960 MHz frequency bands are revised. b. The text of International Footnote Nos. 675, 676, 678, 697, and 703 in the listing of International Footnotes is revised. c. The text of International Footnote Nos. 682 and 708 is removed from the listing of International Footnotes.  2.106 Table of Frequency Allocations * * * * * International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) * * * * * * * 470 - 512 BROADCASTING 676 677A 683 684 685 686 686A 687 689 693 694 470 - 512 BROADCASTING Fixed Mobile 674 675 470 - 512 FIXED MOBILE BROADCASTING 673 677 679 470 - 512 470 - 512 BROADCASTING LAND MOBILE NG66 NG114 NG127 NG149 RADIO BROADCAST (TV) (73) PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) Auxiliary Broadcasting (74) 512 - 585 BROADCASTING 676 677A 683 684 685 686 686A 687 689 693 694 512 - 585 BROADCASTING 678 512 - 585 FIXED MOBILE BROADCASTING 673 677 679 512 - 585 512 - 585 BROADCASTING NG149 RADIO BROADCAST (TV) (73) Auxiliary Broadcasting (74) 585 - 608 BROADCASTING 676 677A 683 684 685 686 686A 687 689 693 694 585 - 608 BROADCASTING 678 585 - 608 FIXED MOBILE BROADCASTING RADIONAVIGATION 688 689 690 585 - 608 585 - 608 BROADCASTING NG149 RADIO BROADCAST (TV) (73) Auxiliary Broadcasting (74) 608 - 610 BROADCASTING 676 677A 683 684 685 686 686A 687 689 693 694 608 - 610 RADIO ASTRONOMY Mobile-Satellite except aeronautical mobile-satellite (Earth-to-space) 608 - 610 FIXED MOBILE BROADCASTING RADIONAVIGATION 688 689 690 608 - 610 RADIO ASTRONOMY US74 US246 608 - 610 RADIO ASTRONOMY US74 US246 610 - 614 BROADCASTING 676 677A 683 684 685 686 686A 687 689 693 694 610 - 614 RADIO ASTRONOMY Mobile-Satellite except aeronautical mobile-satellite (Earth-to-space) 610 - 614 FIXED MOBILE BROADCASTING 677 688 689 690 691 693 701 610 - 614 RADIO ASTRONOMY US74 US246 610 - 614 RADIO ASTRONOMY US74 US246 International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 614 - 790 BROADCASTING 676 677A 683 684 685 686 686A 687 689 693 694 614 - 790 BROADCASTING Fixed Mobile 675 692 692A 693 614 - 790 FIXED MOBILE BROADCASTING 677 688 689 690 691 693 701 614 - 790 614 - 790 BROADCASTING NG30 NG128 NG149 RADIO BROADCAST (TV) (73) Auxiliary Broadcasting (74) 790 - 806 FIXED BROADCASTING 694 695 695A 696 697 700B 702 790 - 806 BROADCASTING Fixed Mobile 675 692 692A 693 790 - 806 FIXED MOBILE BROADCASTING 677 688 689 690 691 693 701 790 - 806 790 - 806 BROADCASTING NG30 NG43 NG128 NG149 RADIO BROADCAST (TV) (73) Auxiliary Broadcasting (74) 806 - 821 FIXED BROADCASTING 694 695 695A 696 697 700B 702 806 - 821 FIXED MOBILE BROADCASTING 692A 700 700A 806 - 821 FIXED MOBILE BROADCASTING 677 688 689 690 691 693 701 806 - 821 806 - 821 FIXED LAND MOBILE NG30 NG31 NG43 NG63 NG128 PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) 821 - 824 FIXED BROADCASTING 694 695 695A 696 697 700B 702 821 - 824 FIXED MOBILE BROADCASTING 692A 700 700A 821 - 824 FIXED MOBILE BROADCASTING 677 688 689 690 691 693 701 821 - 824 821 - 824 LAND MOBILE NG30 NG43 NG63 NG128 PRIVATE LAND MOBILE (90) 824 - 849 FIXED BROADCASTING 694 695 695A 696 697 700B 702 824 - 849 FIXED MOBILE BROADCASTING 692A 700 700A 824 - 849 FIXED MOBILE BROADCASTING 677 688 689 690 691 693 701 824 - 849 824 - 849 LAND MOBILE NG30 NG43 NG63 NG128 NG151 PUBLIC MOBILE (22) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 849 - 851 FIXED BROADCASTING 694 695 695A 696 697 700B 702 849 - 851 FIXED MOBILE BROADCASTING 692A 700 700A 849 - 851 FIXED MOBILE BROADCASTING 677 688 689 690 691 693 701 849 - 851 849 - 851 AERONAUTICAL MOBILE NG30 NG63 NG128 PUBLIC MOBILE (22) 851 - 862 FIXED BROADCASTING 694 695 695A 696 697 700B 702 851 - 862 FIXED MOBILE BROADCASTING 692A 700 700A 851 - 862 FIXED MOBILE BROADCASTING 677 688 689 690 691 693 701 851 - 862 851 - 862 FIXED LAND MOBILE NG30 NG31 NG63 NG128 PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) 862 - 866 FIXED MOBILE except aeronautical mobile BROADCASTING 703 700B 704 862 - 866 FIXED MOBILE BROADCASTING 692A 700 700A 862 - 866 FIXED MOBILE BROADCASTING 677 688 689 690 691 693 701 862 - 866 862 - 866 FIXED LAND MOBILE NG30 NG31 NG63 NG128 PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) 866 - 869 FIXED MOBILE except aeronautical mobile BROADCASTING 703 700B 704 866 - 869 FIXED MOBILE BROADCASTING 692A 700 700A 866 - 869 FIXED MOBILE BROADCASTING 677 688 689 690 691 693 701 866 - 869 866 - 869 LAND MOBILE NG30 NG63 NG128 PRIVATE LAND MOBILE (90) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 869 - 890 FIXED MOBILE except aeronautical mobile BROADCASTING 703 700B 704 869 - 890 FIXED MOBILE BROADCASTING 692A 700 700A 869 - 890 FIXED MOBILE BROADCASTING 677 688 689 690 691 693 701 869 - 890 869 - 890 LAND MOBILE NG30 NG63 NG128 NG151 PUBLIC MOBILE (22) 890 - 894 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 890 - 894 FIXED MOBILE except aeronautical mobile Radiolocation 700A 704A 705 890 - 894 FIXED MOBILE BROADCASTING Radiolocation 706 890 - 894 US116 US268 G2 890 - 894 LAND MOBILE US116 US268 NG151 PUBLIC MOBILE (22) 894 - 896 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 894 - 896 FIXED MOBILE except aeronautical mobile Radiolocation 700A 704A 705 894 - 896 FIXED MOBILE BROADCASTING Radiolocation 706 894 - 896 US116 US268 G2 894 - 896 AERONAUTICAL MOBILE US116 US268 PUBLIC MOBILE (22) 896 - 901 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 896 - 901 FIXED MOBILE except aeronautical mobile Radiolocation 700A 704A 705 896 - 901 FIXED MOBILE BROADCASTING Radiolocation 706 896 - 901 US116 US268 G2 896 - 901 FIXED LAND MOBILE US116 US268 PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 901 - 902 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 901 - 902 FIXED MOBILE except aeronautical mobile Radiolocation 700A 704A 705 901 - 902 FIXED MOBILE BROADCASTING Radiolocation 706 901 - 902 US116 US268 G2 901 - 902 FIXED MOBILE US116 US268 US330 PERSONAL COMMUNICATIONS (24) 902 - 928 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 902 - 928 FIXED Amateur Mobile except aeronautical mobile Radiolocation 705 707 707A 902 - 928 FIXED MOBILE BROADCASTING Radiolocation 706 902 - 928 RADIOLOCATION 707 US215 US218 US267 US275 G11 G59 902 - 928 707 US215 US218 US267 US275 Amateur (97) 915 + 13 MHz: Industrial, scientific and medical frequency 928 - 929 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 928 - 929 FIXED MOBILE except aeronautical mobile Radiolocation 705 928 - 929 FIXED MOBILE BROADCASTING Radiolocation 706 928 - 929 US116 US215 US268 G2 928 - 929 FIXED US116 US215 US268 NG120 PRIVATE LAND MOBILE (90) PRIVATE OPERATIONAL FIXED MICROWAVE (94) PUBLIC MOBILE (22) 929 - 930 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 929 - 930 FIXED MOBILE except aeronautical mobile Radiolocation 705 929 - 930 FIXED MOBILE BROADCASTING Radiolocation 706 929 - 930 US116 US215 US268 G2 929 - 930 LAND MOBILE US116 US215 US268 NG120 PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 930 - 931 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 930 - 931 FIXED MOBILE except aeronautical mobile Radiolocation 705 930 - 931 FIXED MOBILE BROADCASTING Radiolocation 706 930 - 931 US116 US215 US268 G2 930 - 931 FIXED MOBILE US116 US215 US268 US330 NG120 PERSONAL COMMUNICATIONS (24) 931 - 932 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 931 - 932 FIXED MOBILE except aeronautical mobile Radiolocation 705 931 - 932 FIXED MOBILE BROADCASTING Radiolocation 706 931 - 932 US116 US215 US268 G2 931 - 932 LAND MOBILE US116 US215 US268 NG120 PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) 932 - 935 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 932 - 935 FIXED MOBILE except aeronautical mobile Radiolocation 705 932 - 935 FIXED MOBILE BROADCASTING Radiolocation 706 932 - 935 FIXED US215 US268 G2 932 - 935 FIXED US215 US268 NG120 DOMESTIC PUBLIC FIXED (21) PUBLIC MOBILE (22) 935 - 940 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 935 - 940 FIXED MOBILE except aeronautical mobile Radiolocation 705 935 - 940 FIXED MOBILE BROADCASTING Radiolocation 706 935 - 940 US116 US215 US268 G2 935 - 940 FIXED LAND MOBILE US116 US215 US268 NG120 PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 940 - 941 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 940 - 941 FIXED MOBILE except aeronautical mobile Radiolocation 705 940 - 941 FIXED MOBILE BROADCASTING Radiolocation 706 940 - 941 US116 US268 G2 940 - 941 FIXED MOBILE US116 US268 US330 NG120 PERSONAL COMMUNICATIONS (24) 941 - 942 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 941 - 942 FIXED MOBILE except aeronautical mobile Radiolocation 705 941 - 942 FIXED MOBILE BROADCASTING Radiolocation 706 941 - 942 FIXED US268 G2 941 - 942 FIXED US268 NG120 DOMESTIC PUBLIC FIXED (21) PUBLIC MOBILE (22) 942 - 944 FIXED MOBILE except aeronautical mobile BROADCASTING 703 704 942 - 944 FIXED MOBILE 942 - 944 FIXED MOBILE BROADCASTING 701 942 - 944 FIXED US301 US302 942 - 944 FIXED US301 US302 NG120 DOMESTIC PUBLIC FIXED (21) 944 - 960 FIXED MOBILE except aeronautical mobile BROADCASTING 703 704 944 - 960 FIXED MOBILE 944 - 960 FIXED MOBILE BROADCASTING 701 944 - 960 944 - 960 FIXED NG120 AUXILIARY BROADCASTING (74) PUBLIC MOBILE (22) INTERNATIONAL PUBLIC FIXED (23) PRIVATE OPERATIONAL FIXED (94) * * * * * * * INTERNATIONAL FOOTNOTES * * * * * 675 Additional allocation: in Chile, Columbia, Cuba, Ecuador, the United States, Guyana, Honduras, Jamaica, Mexico and Panama, the allocation of the bands 470 - 512 MHz and 614 - 806 MHz to the fixed and mobile services is on a primary basis (see No. 425), subject to agreement obtained under the procedure set forth in Article 14. 676 Additional allocation: in Burundi, Cameroon, the Congo, Ethiopia, Israel, Kenya, Lebanon, Libya, Malawi, Senegal, Sudan, Syria, and Yemen, the band 470 - 582 MHz is also allocated to the fixed service on a secondary basis. * * * * * 678 Additional allocation: in Costa Rica, Cuba, El Salvador, Ecuador, the United States, Guatemala, Guyana, Honduras, Jamaica, Mexico and Venezuela, the band 512 - 608 MHz is also allocated to the fixed and mobile services on a primary basis, subject to agreement obtained under the procedures set forth in Article 14. * * * * * 682 [Removed] * * * * * 697 Additional allocation: in the Federal Republic of Germany, Burkina Faso, Cameroon, C“te d'Ivoire, Denmark, Egypt, Finland, Israel, Kenya, Libya, Liechtenstein, Monaco, Norway, the Netherlands, Portugal, Sweden, Switzerland and Yugoslavia, the band 790 - 830 MHz, and in these same countries and in Spain, France, Malta, the Gabonese Republic and Syria, the band 830 - 862 MHz, are also allocated to the mobile, except aeronautical mobile, service on a primary basis. However, stations of the mobile service in the countries mentioned in connection with each band referred to in this footnote shall not cause harmful interference to, or claim protection from, stations of services operating in accordance with the Table in countries other than those mentioned in connection with this band. * * * * * 703 In Region 1, in the band 862 - 960 MHz, stations of the broadcasting service shall be operated only in the African Broadcasting Area (see Nos. 400 to 403) excluding Algeria, Egypt, Spain, Libya and Morocco, subject to agreement obtained under the procedure set forth in Article 14. * * * * * 708 [Removed] * * * * * SEPARATE STATEMENT OF COMMISSIONER RACHELLE B. CHONG Re: Amendment of the Commission s Rules to Permit Flexible Service Offerings in the Commercial Mobile Radio Services, Notice of Proposed Rule Making, Docket 96-6. I support our proposal to permit all Commercial Mobile Radio Services ( CMRS ) providers to offer fixed wireless local loop service and possibly other fixed services. I write separately to set forth my reasoning for supporting the proposal to allow these wireless services to continue to be regulated as CMRS, even though they may be offered in competition with wired local exchange services. In this early stage of our journey down the road to a more competitive telecommunications market, we have to take some regulatory detours to get us to our destination. I have previously set forth my belief that ultimately, communications services provided in direct competition with one another should be subject to the same level of regulation. Thus, in the future world of competitive communications markets and full service communication providers, it is my view that we should aspire to have similarly situated competing providers of local telephone service -- whether wired or wireless -- regulated similarly. However, at this early stage, we are just beginning to see a more competitive local telephone market. It is in the public interest to allow CMRS providers some regulatory latitude to encourage them to develop innovative wireless local loop services that will provide true competition to incumbent telephone providers. This competition will undoubtedly provide many consumer benefits. As competition begins to take hold, I believe that the Commission should monitor the results of our efforts and adjust our regulatory framework as necessary. Once competition is vigorous and thriving and the market power of the incumbents has diminished, the Commission ought to step back and allow market forces to work. The Commission should step in only as a referee or umpire to perform duties such as protecting consumers rights, preventing harmful interference and adjudicating complaints among competitors.