WPC 2BVVZ\3|w3le)8wC;,[AXw P7XP"Sh5^;C]ddCCCdCCCCddddddddddCCȲY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYddddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdddddddd~d~d~d~ddddddddd8ddddoddd~d~d<|8tddddddlLkdkd~d~d~ddddddXCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"Ȑdhd岲dCCȐzȲxCddodȐȅdCdYdsȐ]ȐȐȧzȐUvŐdȐYYCCCCŐz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYCHP LaserJet IIISiHPLASIII.PRSXw P7HMCXP2   Z ("Sh5^;C]ddCCCdCCCCddddddddddCCȲY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYddddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdddddddd~d~d~d~ddddddddd8ddddoddd~d~d<|8tddddddlLkdkd~d~d~ddddddXCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"Ȑdhd岲dCCȐzȲxCddodȐȅdCdYdsȐ]ȐȐȧzȐUvŐdȐYYCCCCŐz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYCHP LaserJet IIISiHPLASIII.PRSXw PE37HMCXP22  2 < vL p 3|w3a8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . 2Ukd k : v a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` 2t  8BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  2   r1a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# 2+a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  29]a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   2kYa4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . 2-#3DeH""Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:CFootnote;Íčfootnote tex#<'p #FxX  Pg9CXP#header=Ax 4 <D  #FxX  Pg9CXP# reference>;#FxX  Pg9CXP#2LJ?~D@i6FA^GBOHitemizeX1?&V 8F ` hp xr#FxX  Pg9CXP#header2@I ` hp x`    #FxX  Pg9CXP# heading 3AF` hp x #FxX  Pg9CXP# footer!B!!#d\  PCP#2LC}~JDJEKFLa1Paragraph+%X,1. a. i. (1) (a) (i) 1) a)%8=(%  H*%FC$ a2Paragraph+%X,1. a. i. (1) (a) (i) 1) a)%8=(%  H*%FD/ a3Paragraph+%X,1. a. i. (1) (a) (i) 1) a)%8=(%  H*%FE: a4Paragraph+%X,1. a. i. (1) (a) (i) 1) a)%8=(%  H*%FFE 2OGLHMICNJOa5Paragraph+%X,1. a. i. (1) (a) (i) 1) a)%8=(%  H*%FGP   a6Paragraph+%X,1. a. i. (1) (a) (i) 1) a)%8=(%  H*%FH[   a7Paragraph+%X,1. a. i. (1) (a) (i) 1) a)%8=(%  H*%FIf  a8Paragraph+%X,1. a. i. (1) (a) (i) 1) a)%8=(%  H*%FJq 2$VKrOLpPMrQtQa2AgendaKa1AgendaAgenda ItemsL7D yP ) I. a3AgendaM"Sh5^;C]ddCCCdCCCCddddddddddCCȲdxN`xoȐCCCddCdoYoYFdo8Co8odooYNCodddYdddddddddCddddddddo8dddddϐYYYYYN8N8N8N8oddddooooddoddddxoddddddodddddddddood8doddrddoddN8ooddddoNododdddooooȐdYCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCdUUddddddFddddFCCssd44ddzzddd~ooCsdF"Ȑdsd岲dCCȐzȲxCddodȐȅdCdYdsȐ`ȐȐȮzȐUvŐdȐddCCCCŐzozoYNYYYN8YooYdYzzdzddYYzozzzNdzYzzzzCCdddddddzCzdYC2mVV> [> Ddzm"Sh5^;C`ddCCCdCCCCddddddddddCCȰdxxxsCYoxxdoxxooCCCddCddYdY8dd88Y8ddddLL8dYYYLYdYddddddCddddddddd8xdxdxdxdxdYxYxYxYxYC8C8C8C8dddddddddoYxddddoYdxdxdxdxdddddxdxdxdxddddddddd8ddddddddododp8p8xddddxdxddLddddodododddddodpLCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCd]]ddddddFddddFCCddd88ddzzdddkddCddF"Ȑddd尰dCCȐzȰxCdzdodȐȅdCdYdsȐ]ȐȐȧzȐUvŐdȐYYCCCCzzzozoYzNoYdYC8YooYdYzzdzddoYoYzzozzzzzCdoozYzzzzCCddddzdddooozCsdYC"`H2 : ^GPoxxPPPxPPPPxxxxxxxxxxPPkP]PPPxxPkxkxkPxxCCxCxxxxY]CxxxxkkxkxxxxxxPxxxxxxxxxCkkkkkkkkkkPCPCPCPCxxxxxxxxxxkxxxxxxxxxxxxxxxxxxxxxxxxxCxxxxxxxxxHCxxxxxx[xxxxxxxxxxjPxxPPPWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNxxxPkbbxxxxxxTxxxxTPP||x>>xxxxxP|x!T"x}xxPPxPxxxxPxkxofxkkPPPPk]kxkPCkkxkxxxkkPxkPPxxxxxxxPxkP"`H2 : ^GPoxxPPPxPPPPxxxxxxxxxxPPx]sPPPxxPxkkTxCPCxk]PxxxkxxxxxxxxxPxxxxxxxxCxxxxxkkkkk]C]C]C]CxxxxxxxxxxxxxxxxxxxxxxxxxxCxxxxxxx]Cxxxx]xxxxxxkPxxPPPWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNxxxPxffxxxxxxTxxxxTPPx>>xxxxxPxT"xxxPPxPxxxxPxkxsfxxxPPPPk]kkk]Ckkxkxxxkk]xkPPxxxxxxxPxkPCG Times (Scalable)CG Times Bold (Scalable)CG Times Italic (Scalable)CG Times Bold Italic (Scalable)Univers Condensed2ā.nrw >|"Sh5^$(8<><q*"xxxxWWxxxWWkkxxx T > N Иi8wC;,[hXw P7XPj7zC;,sXz_ p^7XlDPG,{4 P7PkBPG,'_ p^7&m6uC;,-/3Xu&_ x$&7XXnV"G($,hG P7hP&oX F($,-ohF&_ x$&7hXdp4wC;,HXw*0 xM7XqANE,, P7P r@NE,!3_ p^7tK3!,hr*3xPP(7,P      "`H2 : ^ENluuNNNuNNNNuuuuuuuuuuNNhN[}NNNuuNhuhuhNuuAAuAuuuuV[AuuuuhhuhuuuuuuNuuuuuuuuuAhhhhhhhhhhNANANANAuuuuuuuuuuhuuuuuuuuuuuuuuuuuuuuuuuuuAuuuuuuuuuFAuuuuuu~Y}u}uuuuuuuuugNuuNNNWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNuuuNh__uuuuuuRuuuuRNNyyu<<uuuuuNyuR"uyuuNNxNuuuuNuhulcuhhNNNNh[huhNAhhuhuuuhhNuhNNuuuuuuuNuhN"`H2 : ^ENluuNNNuNNNNuuuuuuuuuuNNu[pNNNuuNuhhRuANAuh[NuuuhuuuuuuuuuNuuuuuuuuAuuuuuhhhhh[A[A[A[AuuuuuuuuuuuuuuuuuuuuuuuuuuAuuuuuuu[Auuuu[uuuuuuhNuuNNNWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNuuuNuccuuuuuuRuuuuRNNu<<uuuuuNuR"uuuNNxNuuuuNuhupcuuuNNNNh[hhh[Ahhuhuuuhh[uhNNuuuuuuuNuhNMACDocumentN[     X` hp x (#%'0*,.8135@8:<     #:}D4P XP# T I. A. 1. a.(1)(a) i) a)T,0*ÍÍ,*Í ., US!!!! ! #:}D4P XP#     X` hp x (#%'0*,.8135@8:<     #:}D4P XP# ,0*ÍÍ,*Í ., US!!!! ! #:}D4P XP#2$//NPRM, CMRS Flexible Service Offerings, FCC 9617//$ $/2.106, Table of Frequency Allocations/$  Y-0FOR RECORD ONLY  #XP\  P6Q[hXP#уppX  xx  H  Y- h  X-*7{؃* ` `  ,hhhppX  FCC 9617  cv<Before the  c<5FEDERAL COMMUNICATIONS COMMISSION Ã  c<Washington, D.C. 20554 ă  Y-  Y -In the Matter of  ,hhh )  Y{ - hhh)  Yd -Amendment of the Commission's Rules )ppXWT Docket No. 966  YM -To Permit Flexible Service Offerings )ppX  Y6 -in the Commercial Mobile Radio Services)  c< \ NOTICE OF PROPOSED RULE MAKING ă  X- Adopted:` ` January 24, 1996 hhppX Released:  January 25, 1996  X- COMMENT DATE: February 26, 1996  X- REPLY COMMENT DATE: March 18, 1996  Y-  Y- BY THE COMMISSION: Commissioner Chong issuing a separate statement.  Yb- Table of Contents ă  XL-` `  ,hhhppX   xx Paragraph (#(#  Y- I. INTRODUCTION p"(#}1  Y- II. BACKGROUND p"(#}2  X- III. DISCUSSION  Y- A. Expanded Service Options on PCS Channels p`"(#v10  Yi!- B. Expanded Service Options on Other CMRS Channels p`"(#v16  X<#- C. Regulatory Treatment When Fixed Wireless ` ` Local Loop Services Are Provided On  Y%-` ` CMRS Systems p`"(#v19  Y&- D. Universal Service Obligations p`"(#v21  Y(- E. Other Possible Fixed Services for CMRS p`"(#v22"(0*0*0*)"Ԍ Y-  Y- F. Proposed Changes to Table of Frequency Allocations p`"(#v26  Y- IV. CONCLUSION p`"(#v27  Yy- V. PROCEDURAL MATTERS A. Regulatory Flexibility Actp`"(#v28  Y5-B. Ex Parte Rules NonRestricted Proceedingp`"(#v29 C. Comment Datesp`"(#v30 D. Ordering Clausep`"(#v31 E. Contact Personp`"(#v32  Y - APPENDIX A INITIAL REGULATORY FLEXIBILITY ANALYSIS  Y- APPENDIX B ĩ PROPOSED RULES (Table of Allocations) "j0*(("  Y-B I. INTRODUCTION ă  Y-1. In this Notice of Proposed Rule Making ("Notice"), we propose that broadband  Y-Commercial Mobile Radio Service ("CMRS")("broadband CMRS")[ Y -ԍ The services under "broadband CMRS" includes Broadband Personal Communications  Y -Service, Cellular Radiotelephone Service and Specialized Mobile Radio. See In the Matter of Implementation of Sections 3(n) and 332 of the Communications Act, Regulatory Treatment of  Y-Mobile Services, GN Docket No. 93252, Third Report and Order, 9 FCC Rcd 7988, 81058110,  252265 (1994). 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  Y -Mobile Radio ("SMR") providers. The measures we propose should increase competition within wireless services and promote competition between wireless and wireline services.  Y -] II. BACKGROUND ă  Y -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 oneway and twoway radio  Yf-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 oneway or twoway 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. 90314; ET Docket No. 92100), or any  Y-successor proceeding." 47 U.S.C.  153(n). _![ Y-ԍ Section 20.9 of the Commission's rules defines the mobile services regulated as commercial mobile radio services pursuant to Section 332 of the Communications Act of 1934, as amended, 47 U.S.C.  332, as follows: Private Paging (Part 90), excluding not for profit paging systems that serve only the licensee's own internal communications needs; Business Radio Services (Part 90) that offer customers forprofit interconnected service; Land Mobile Systems on 220222 MHz (Part 90), except services that are not for profit or do not offer interconnected service; Specialized Mobile Radio Services that provide interconnected service (Part 90); Public Coast Stations (Part 80, subpart J); Public Mobile Service (paging and radiotelephone service and 454 MHz airground radiotelephone service) (Part 22, subparts E and G); Cellular Radiotelephone Service (Part 22, subpart H); 800 MHz Air"&0*(('"ԫGround Radiotelephone Service (Part 22, subpart G); Offshore Radiotelephone Service (Part 22, subpart I); any mobile satellite service involving the provision of CMRS directly to end users, except as exempt under Section 20.9(a)(10); Personal Communications Services (Part 24), except if exempt under Section 20.9(b); forprofit subsidiary communications services transmitted on subcarriers within the FM baseband signal that provide interconnected service (Part 73); and a mobile service that is the functional equivalent of a commercial mobile radio service. 47 C.F.R.  20.9. "0*(("Ԍ Y-ԙ3. 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  Y-licensees," but then distinguished between fixed pointtopoint services and those services  Y-capable of being provided in a "mobile mode."&[ Y] -ԍ In the Matter of Implementation of Sections 3(n) and 332 of the Communications Act,  YH -GN Docket No. 93252, Second Report and Order, 9 FCC Rcd 1411, 14241425  Y1-(1994)(CMRS Second Report and Order).&  The CMRS Second Report and Order  Y-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.  Ye-For example, we determined that services provided through dualuse equipment, such as  YN-InmarsatM terminals that can be moved while transmitting, are mobile.3Nv [ Yu-ԍ Id.3 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  Y -service that is ancillary to their mobile operations.)x ) [ Y-ԍ See 47 C.F.R.  24.3; see also Letter from Regina M. Keeney, Chief, Wireless Telecommunications Task Force, to A. Thomas Carroccio, Esq., dated November 15, 1994, wherein the Task Force reiterated the Commission's intent to make the definition of PCS sufficiently inclusive to accommodate a wide range of services and technologies, "including fixed services ancillary to or in support of the provision of a wide range of portable and mobile wireless services and new and creative applications." ) Likewise, SMR providers may use licensed spectrum for certain fixed uses on a secondary, noninterference basis to the primary  Y-mobile operations of any other licensee.i[ Y#-ԍ In the Matter of Amendment of Part 90 of the Commission's Rules to Permit Secondary  Y$-Fixed Tone Signalling and Alarm Operations by End Users of Trunked SMRS Systems, PR  Y%-Docket No. 8678, Report and Order, 1 FCC Rcd 926 (1986);  In the Matter of Amendment of Part 90 of the Commission's Rules to Permit ExclusiveUse Systems to Conduct Secondary Fixed Signaling and Alarm Operations without Conforming to the Provision of Section"Z'0*(('"  Y-90.235, PR Docket No. 91322, Report and Order, 7 FCC Rcd 4574 (1992).  Cellular carriers may provide auxiliary common"{0*((-" carrier services and services premised on the use of alternative cellular technologies, so long  Y-as such services do not interfere with the authorized cellular service.{[ Y-ԍ See In the Matter of Amendment of Parts 2 and 22 of the Commission's Rules to Permit Liberalization of Technology and Auxiliary Service Offerings in the Domestic Public Cellular  Y-Radio Telecommunications Service, GEN Docket No. 87390, Report and Order, 3 FCC Rcd  Y-7033 (1988); see also 47 C.F.R.  22.901.  Fixed services also may be provided by cellular licensees as incidental communication services under our  Y-incidental service rules. [ YY -ԍ Licensees of Public Mobile Services may provide services other than the primary services for which they are licensed, provided that the other services are offered on an incidental basis. Section 22.323 (formerly Section 22.308) specifies that incidental communication services can be offered if: (1) the costs and charges to subscribers who do not wish to use the incidental services are not increased; (2) the quality of the primary service does not materially deteriorate as a result of the provision of the incidental services, nor is the growth or availability of the primary service significantly diminished; (3) the incidental service is not inconsistent with the Communications Act; and (4) the licensee notifies the Commission by letter before providing the incidental service and such letter  Y-describes in detail the incidental service to be provided. 47 C.F.R.  22.323. Ļ  5. Local exchange service delivered by radio link may be provided using architectures consisting of mobile, fixed, or a combination of those components. For  Y_-example, one possible architecture would be radiobased telephone instruments that are mobile, whether in the home, office, or any other fixed location. Another example would  Y1-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  Y -the definition of "mobile" service by such carriers,} [ Y' -ԍ CMRS Second Report and Order, 9 FCC Rcd 1411, 1424, at  36. } 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  YK-higher frequencies. K[ Y~%-ԍ See In the Matter of Amendment of the Commission's Rules to Establish New Personal  Yi&-Communications Services, GEN Docket No. 90314, First Report and Order and Third  YT'-Notice of Proposed Rule Making, 7 FCC Rcd 6886, 6888 (1992) ("PCS First Report and"T' 0*((m'"  Y-Order"). However, it appears that the characterization of permissible use in our"K{ 0*((" 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  Y-served by wireline providers.\ z{[ Y-ԍ The Commission created the Basic Exchange Telecommunications Radio Service, or BETRS, in response to the lack of standard telephone service in remote areas due to the  Y-prohibitive cost of bringing wire or cable to those areas. See Basic Exchange  Y-Telecommunications Radio Service, CC Docket No. 786495, Report and Order, 3 FCC Rcd 214 (19878). Currently, local exchange carriers and other carriers receiving state certifications may provide BETRS under the Commission's rules. 47 C.F.R.  22.702. \  Y-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  Y-to stations for more than one permissible use. L[ Y-ԍ See 47 U.S.C.  303. Notably, when allocating spectrum for a new General Purpose Mobile Service accessible to all land mobile, maritime mobile, and aeronautical mobile uses, the Commission noted that "[n]othing in Sections 303(a)(c) [of the Communications Act] suggests the Commission is not permitted to take into account marketplace forces when exercising its spectrum allocation responsibilities under the public interest standard."  W-In the Matter of Amendment of Parts 2 and 22 of the Commission's Rules Relative to Cellular  Yv-Communications Systems, GEN Docket No. 841231, Report and Order, 2 FCC Rcd 1825, 1839, at  110 (1986). Furthermore, the Commission is guided by the policies set forth in the Communications Act to encourage the provision of new  Yb-technologies and services to the public.N b[ Y"-ԍ See 47 U.S.C.  157. N  YK- 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" 0*((" telecommunications services. A number of states have already enacted legislation or  Y-completed other measures to introduce new local exchange service providers.[ Yb-ԍ See National Association of Regulatory Utility Commissioners Report on the Status of  YM-Competition in Intrastate Telecommunications (Oct. 4, 1995 ed.). 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  Yv-markets to competition.vf[ Y -ԍ See generally, In the Matter of Expanded Interconnection with Local Telephone  Yx -Company Facilities, CC Docket No. 91141, Memorandum Opinion and Order, 9 FCC Rcd 5154 (1994). 9. X01Í ÍX01Í ÍMore 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  Y -carriers in the provision of local exchange service...."  [ Y-ԍ In the Matter of Rule Making to Amend Parts 1, 2, 21, and 25 of the Commission's Rules to Redesignate the 27.5 29.5 GHz Frequency Band, to Reallocate the 29.5 30.0 GHz Band, To Establish Rules and Policies for Local Multipoint Distribution Service and for  Y^-Fixed Satellite Services, Third Notice of Proposed Rule Making and Supplemental Tentative  YI-Decision, CC Docket No. 92297, 60 Fed. Reg. 43,740, at  27 (August 23, 1995); See also  W4-In the Matter of Rochester Telephone Corporation Petition for Waivers to Implement Its Open  Y-Market Plan, FCC 9596, Order, 10 FCC Rcd 6776, 6782, at  13 (1995); In the Matter of NYNEX Telephone Companies Petition for Waiver, Transition Plan to Preserve Universal  Y-Service in a Competitive Environment, FCC 95185, Memorandum Opinion and Order, 10  Y-FCC Rcd 7445, 747576, at  7374 (1995); In the Matter of Applications of Pacific Bell, FCC 95302, 1995 WL 478481(FCC) at  58 (1995).  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  Y -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  YO-and current proposals." O[ Y$-ԍ See, e.g., In the Matter of Allocation of Spectrum Below 5 GHz Transferred from  Y%-Federal Government Use, ET Docket No. 9432, First Report and Order and Second Notice  Y&-of Proposed Rule Making, 10 FCC Rcd 4769, 4781 (1995)("5 GHz First Report and  Y'-Order"); Second Report and Order, 60 Fed. Reg. 40,712 (Aug. 9, 1995) ("5 GHz Second"'0*(('"  Y-Report and Order")(permit fixed wireless local loop service in 46604685 band); In the Matter of Amendment of Parts 21 and 74 of the Commissions Rules with regard to Filing Procedures in the Multipoint Distribution Service and in the Instructional Television Fixed  YM-Service, MM Docket No. 94131, Report and Order, 10 FCC Rcd 9589 (1995)(MDS stations may render any kind of communications service on a common carrier or noncommon carrier  Y!-basis); In the Matter of Amendment of Part 90 of the Commission's Rules to Provide for the  Y -Use of the 220222 MHz Band by the Private land Mobile Radio Service, PR Docket No. 89 Y-552, Second Memorandum Opinion and Order and Third Notice of Proposed Rule Making, 60 Fed. Reg. 46,564 (Sept. 7, 1995)(proposal to allow fixed operations on a primary basis with land mobile operations in band). "O 0*(("Ԍ  Y- III. DISCUSSION ă  X-   A. Expanded Service Options on PCS Channels.  Y-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  YK-access increases.OK [ Y-ԍ In the Matter of Amendment of the Commission's Rules to Establish New Personal  Y-Communications Services, GEN Docket No. 90314 and ET Docket No. 92100, Notice of  Y-Proposed Rule Making and Tentative Decision, 7 FCC Rcd 5676 (1992).O 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  Y -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  Y-new service.y9[ Y-ԍ See PCS Second Report and Order, 8 FCC Rcd 7700, 77107712. y 11. A number of early trials under PCS experimental licenses included a variety of technologies and service concepts, including personal communications networks (PCN),  Y9-private branch exchange (PBX), and wireless local loop.d9[ Y#-ԍ See PCS Second Report and Order, 8 FCC Rcd 7700, 7705. At that time, we described PCN as a "proposed advanced voice and data communications system that would be independent of, but permit connection to, the existing wireline public switched telephone network and cellular systems." Wireless PBX service was described as the means to permit telephone portability in office environments, and wireless local loop service "could replace"|'0*(('"  Y-the 'last mile' to the home with a radio link." Id. at n.11. d We indicated that wireless local"9{0*(("  Y-loop service is a type of PCS in the PCS NPRM.Z{ Y,-ԍ PCS NPRM 7 FCC Rcd 5676, 5681, at  10.Z Based upon concepts expressed in comments, the experimental applications granted, and the pioneer preference requests, we  Y-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  Y-virtually anywhere.c.[ Yp -ԍ PCS Second Report and Order, 8 FCC Rcd 7700, 7712. c Specific kinds of PCS services and devices cited in the PCS Second  Y|-Report and Order were expected to include advanced forms of cellular telephone service, advanced digital cordless telephone service, portable facsimile services, wireless PBX  YP-services, and wireless local area network (LAN) services, among others.3P[ Y-ԍ Id.3 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  Y -existing communications services and creating new markets."2 [ Y9-ԍ Id.2 12. Accordingly, our current PCS rules permit licensees to provide any mobile communications service on their assigned frequencies to satisfy mobile communications  Y-needs.rG [ Y-ԍ See PCS Second Report and Order, 8 FCC Rcd 7700, 7712, at  23.r 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  YS-demands of an area.kS [ Y-ԍ See 5 GHz First Report and Order, 10 FCC Rcd 4769, 4781. k The rationale for prohibiting broadcast and nonancillary 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  Y-fixed services. [ Yl"-ԍ See PCS Second Report and Order, 8 FCC Rcd 7700, 7712, at  22.  Ĉ 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" `0*((" 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  Y-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  Y -mobile services only up to approximately 3 GHz.E [ Y| -ԍ See P. Marangoni, D. Campbell, A. Serafini, M. McGowan, Office of Engineering  Yg -and Technology, Federal Communications Commission, Creating New Technology Bands for  YR-Emerging Telecommunications Technology, January 1992 (OET/TS 921).E 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.  Y- 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  Yf-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  Y8-potential for competition among the CMRS categories.8Q[ Y:"-ԍ In the Matter of Implementation of Sections 3(n) and 332 of the Communications Act,  Y%#-GN Docket No. 93252, Third Report and Order, 9 FCC Rcd 7988 (1994) ("CMRS Third  Y$-Report and Order").  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"  0*(("  Y-with broadband PCS, because each service consists largely of twoway, mobile telephony.[ Yy-ԍ In the Matter of Implementation of Section 6002(B) of the Omnibus Reconciliation Act of 1993, Annual Report and Analysis of Competitive Market Conditions with Respect to  YM-Commercial Mobile Services, FCC 95317, First Report, 10 FCC Rcd 8844, 886768,  66 Y8-67 (1995); see also, CMRS Second Report and Order, 9 FCC Rcd 1411, 146769.  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  Y-traditionally has been serviced by wireline common carriers.b|:[ Y -ԍ In approving the McCaw/AT&T merger, we noted that our action would enable McCaw to compete more vigorously with the Bell Operating Companies, as a facilitiesbased cellular licensee and as a reseller of regional, interLATA or interexchange services in local  Ya -cellular markets. In re Applications of Craig O. McCaw, Transferor, and American  YL -Telephone and Telegraph Company, Transferee, File No. ENF9344 and File No. 05288 Y7-CLTC193 et al., Order, 9 FCC Rcd 5836, 5872,  60 (1994). b We therefore propose to  Y-permit licensees to provide fixed wireless local loop service s on their licensed cellular and  Y-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  Y1-fixed wireless local loop as well as mobile services; 1~ [ Y`-ԍ See, e.g., Part 22 restrictions on fixed basetobase communications, Section 22.923,  YK-47 C.F.R.  22.923; Part 90 limitations on operations between base stations at fixed  Y4-locations, Section 90.419 , 47 C.F.R.  90.419; Part 20, which does not provide for fixed services for CMRS, Section 20.9, 47 C.F.R.  20.9. (2) implications on the availability of  Y -spectrum for mobile services (see  14, supra); and (3) specific operational, interference or  Y -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,  YN-"narrowband CMRS").  X - C.XRegulatory Treatment When Fixed Wireless Local Loop (#  X -Services Are Provided On CMRS Systems.  Y- 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"  0*((" providers intend to integrate mobile, wireless fixed, wireline networks, and cable facilities  Y-into seamless packaged offerings that could span several states.!R[ Yb-ԍ See e.g., Bob Sellinger and J. T. Wood, Bridging the CellulartoPCS Gap, Cellular  YM-Marketing, July 1995 at 16; Broadband PCS Auction Nets $7.7 Billion; AT&T, Sprint, Bell  Y8-Companies Win 70 of 99 Licenses, Telecommunications Report, March 20, 1995; MCI  Y#-Domestic Strategy, Inside Telecom, November 7, 1994. In comments to the initial Notice of Proposed Rule Making in the CMRS proceeding, MCI Telecommunications Corporation reported that market trials of PCS, including GTE's Tampa trial of TeleGo, have shown that consumers wished to use PCS devices in their homes as well as throughout the community.  Y -MCI comments at 4 filed in PCS NPRM.  Some of these networks will go beyond regional coverage to achieve seamless nationwide coverage. The Omnibus  Y-Reconciliation Act of 1993 ("Budget Act"), which amended the Communications Act"[ YN -ԍ Communications Act of 1934, as amended, 47 U.S.C.  332 ("Communications  Y7-Act"). to create the CMRS regulatory classification, reflects Congress' intent to establish regulatory  Y-symmetry among mobile services.#| [ Y-ԍ Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 10366, Title VI,  6002(b)(2)(A) and  6002(b)(2)(B), 107 Stat. 312 (enacted August 10, 1993). The broad goal of this legislation was to ensure that economic forces not disparate regulatory requirements shape the development of the  Y_-CMRS marketplace. In addition, we established in the CMRS Second Report and Order that all auxiliary services provided by mobile services licensees would be included within the definition of mobile services, including ancillary fixed communications offered by PCS providers, to preserve the flexibility necessary to meet growing consumer demand for a  Y -broad range of mobile services.u$ [ Y-ԍ CMRS Second Report and Order, 9 FCC Rcd 1411, 1424, at  36.u 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, forprofit mobile service to the public on licensed CMRS spectrum as provided by the" $0*(("  Y-Communications Act.%z[ Yy-ԍ This is consistent with the approach we took in the 5 GHz Second Report and Order. The record supports the view that the General Wireless Communications Service ("GWCS") most likely will be used for fixed services, and, accordingly, we adopted a presumption that GWCS licensees are fixed common carrier providers. The presumption can be overcome by  Y-the applicant. 5 GHz Second Report and Order, 60 Fed. Reg. 40,712, 1995 WL 455952 (FCC) at  126 (Aug. 9, 1995). We seek comment on this proposal and invite commenters to offer  Y-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  Y-upon the proper demonstration that such services do not qualify as CMRS.d& [ YJ -ԍ CMRS Second Report and Order, 9 FCC Rcd 1411, 1461. d  Yx-  Xa- D. Universal Service Obligations .  YJ-    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  Y -provide assistance to low income and elderly residential subscribers,[' [ Ys-ԍ See 47 C.F.R.  36.70136.741.[ and the Universal Service Fund program provides assistance to telephone companies operating in high cost  Y -areas.W( p [ Y-ԍ See 47 C.F.R.  36.60136.641. W 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  Y{-exchange service.){# [ YO-ԍ We note that these CMRS providers are currently permitted to provide "mobile" local  Y8-loop service. See  5, supra.Ŀ 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  Y-exchange service providers should be eligible for high cost support.*[ Y#-ԍ In the Matter of Amendment of Part 36 of the Commission's Rules and Establishment  Yz$-of a Joint Board, CC Docket No. 80286, FCC No. 95282, Notice of Proposed Rule  Ye%-Making and Notice of Inquiry 60 Fed. Reg. 46803 (Sept. 8, 1995)("Universal Service NOI");  WP&-In the Matter of Amendment of the Commission's Rules and Policies to Increase  Y9'-Subscribership and Usage of the Public Switched Network, CC Docket No. 95115, FCC 95"9')0*((^'"ԫ Y-281, Notice of Proposed Rule Making, 60 Fed. Reg. 44296 (Aug. 25, 1995).  As stated in those" y*0*((" proceedings, competition in local exchange service can be provided by different kinds of  Y-service providers, including cellular carriers , and our universal service programs should not  Y-favor a particular technology.+y[ Y-ԍ Universal Service NOI, 60 Fed. Reg. 46803, 1995 WL 421922 (FCC) at  19. 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  Y-service proceedings.  X-  Xv-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, pointofpurchase 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 pointtopoint 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"",+0*((#" 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,  Y-while demand for fixed use will decrease.,[ Y-ԍ See U.S. National Spectrum Requirements, Projections and Trends, U.S. Department of Commerce, National Telecommunications and Information Administration, March 1995  Y-(NTIA Special Publication 9431); Land Mobile Spectrum Planning Options, U.S. Department of Commerce, National Telecommunications and Information Administration,  Y -October 1995 (NTIA Special Publication 9534).  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  Yb-issues raised in paragraphs 1920, supra.  X6- F. Proposed Changes to Table of Frequency Allocations  26. In accordance with our proposals listed above, we propose to amend the domestic  Y-Table of Frequency Allocations as set forth in Appendix B.G-![ Y-ԍSee 47 C.F.R.  2.105.G Currently, widearea SMR and cellular bands are allocated internationally to fixed and mobile services on a coprimary  Y-basis, but within the United States they are allocated only to land mobile services.G.[ YH -ԍSee 47 C.F.R.  2.106.G Therefore, we propose to amend the domestic Table of Frequency Allocations for the 806821, 851866, 896901, and 935940 MHz bands to permit them to make use of the allocations for both fixed and mobile services on a coprimary basis. The extent to which such allocations may be used will be determined by final decisions resulting from the service  YP-rules proposals in this proceeding. We request comment on this proposal.  Y$-t IV. CONCLUSION ă " .0*(("Ԍ Y-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  Y-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, forprofit 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.  Y - r V. PROCEDURAL MATTERS ă  X - 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  YP-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.  Y-L. No. 96354, 94 Stat. 1164, 5 U.S.C.  601 et seq. (1981).  X-B. Ex Parte Rules NonRestricted Proceeding  Yo-29. This is a nonrestricted notice and comment rule making proceeding. Ex parte presentations are permitted except during the Sunshine Agenda period, provided they are  YC-disclosed as provided in Commission rules. See generally 47 C.F.R.  1.1202, 1.1203, and 1.1206(a).  X- C.Comment Dates 30. Pursuant to applicable procedures set forth in Sections 1.415 and 1.419 of the Commissions Rules, 47 C.F.R.  1.415 and 1.419, interested parties may file comments  Y"- 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,"2'.0*((P(" ITS, Inc., 2100 M Street, N.W., Suite 140, (202) 8573800. 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.  X- 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),  Y1-303(f), 303(g), 303(r), 309(j) and 332(c).  X -E.Contact Person  Y -32. For further information concerning this proceeding, contact Sandra K. Danner (Acting Chief, Legal Branch, Commercial Wireless Division, Wireless Telecommunications Bureau) at (202) 4180620.  Yy- ` `  ,hFEDERAL COMMUNICATIONS COMMISSION ` `  ,hWilliam F. Caton ` `  ,hActing Secretary  X- ".0*(("  X- APPENDIX A ă  Y- U INITIAL REGULATORY FLEXIBILITY ANALYSIS ă  X- 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  YI-entities of the policies and rules proposed in this Notice of Proposed Rule Making  Y4-("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.  Y - 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.  Y- 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  Y -communications needs.   Y-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  Y-332(c).  Ym- 4. Reporting, Recordkeeping, and Other Compliance Requirements: The  YW-proposals under consideration in this Notice do not include the possibility of new reporting and recordkeeping requirements for small business entities.  Y- 5. Federal Rules Which Overlap, Duplicate or Conflict With These Rules: None.  X- 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.  YF&-  X/'- "/'.0*((P(" 7. Any Significant Alternative Minimizing the Impact on Small Entities  Y-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  Y-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.  Yc- "c.0*(("  Y- 3'3'Standard3'3'StandardHPLASIII.PRSXw(  a< 2#|\  P6G;,P# Appendix B: Proposed Rules ă  Y-#Xj\  P6G;[hXP#  Y-Part 2 of title 47 of the Code of Federal Regulations are proposed to be amended as follows: X` hp x (#%'0*,.8135@8:"E     | AHddxvvvvvvv aHddxvvvvvvv | &E    & && ") International table "United States table " (FCC use designators&     &"sRegion 1 allocation MHz", Region 2 allocation MHz"Region 3 allocation MHz"0Government"GNonGovernment"&Rule part(s)"[+Specialuse frequencies(     ( && " V(1)"M  G (2)"w : (3)"}Allocation MHz (4)" [Allocation MHz 76 (5)"& &(6)"O- "-(7)( 5  ( &&     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)    &5  5  &    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)    &5  5  &    862 866 FIXED MOBILE except aeronautical mobile BROADCASTING 703 700B 704 K  862 866 FIXED MOBILE BROADCASTING 692A 700 700AK  862 866 FIXED MOBILE BROADCASTING 677 688 689 690 691 693 701 K  862 866 K  862 866 FIXED LAND MOBILE NG30 NG31 NG63 NG128 K  PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) K   &5  E  & &&     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)    E  K ''` `  ,".xT" | aHddxvvvvvvv Hddxvvvvvvv | &E    K& && ") International table "United States table " (FCC use designators&     &"sRegion 1 allocation MHz", Region 2 allocation MHz"Region 3 allocation MHz"0Government"GNonGovernment"&Rule part(s)"[+Specialuse frequencies(     ( && " V(1)"M  G (2)"w : (3)"}Allocation MHz (4)" [Allocation MHz 76 (5)"& &(6)"O- "-(7)( 5  ( &&     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)    &5    & &c&   890 894 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 c  890 894 FIXED MOBILE except aeronautical mobile Radiolocation 700A 704A 705 c  890 894 FIXED MOBILE BROADCASTING Radiolocation 706 c  890 894 US116 US268 G2c  890 894 LAND MOBILE US116 US268 NG151 c  PUBLIC MOBILE (22)c &    &  894 896 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 Uc  894 896 FIXED MOBILE except aeronautical mobile Radiolocation 700A 704A 705 Uc  894 896 FIXED MOBILE BROADCASTING Radiolocation 706 Uc  894 896 US116 US268 G2Uc  894 896 AERONAUTICAL MOBILE US116 US268 Uc  PUBLIC MOBILE (22)Uc &    & &cr&   896 901 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 r  896 901 FIXED MOBILE except aeronautical mobile Radiolocation 700A 704A 705 r  896 901 FIXED MOBILE BROADCASTING Radiolocation 706 r  896 901 US116 US268 G2r  896 901 FIXED LAND MOBILE US116 US268 r  PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22)r   Ur''` ` ".x" | Hddxvvvvvvv Hddxvvvvvvv | &    U& && ") International table "United States table " (FCC use designators&     &"sRegion 1 allocation MHz", Region 2 allocation MHz"Region 3 allocation MHz"0Government"GNonGovernment"&Rule part(s)"[+Specialuse frequencies(     ( && " V(1)"M  G (2)"w : (3)"}Allocation MHz (4)" [Allocation MHz 76 (5)"& &(6)"O- "-(7)(   ( &c&   901 902 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 f c  901 902 FIXED MOBILE except aeronautical mobile Radiolocation 700A 704A 705 f c  901 902 FIXED MOBILE BROADCASTING Radiolocation 706 f c  901 902 US116 US268 G2f c  901 902 FIXED MOBILE US116 US268 US330 f c  PERSONAL COMMUNICATIONS (24)f c &    &  902 928 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704   902 928 FIXED Amateur Mobile except aeronautical mobile Radiolocation 705 707 707A  c  902 928 FIXED MOBILE BROADCASTING Radiolocation 706  c  902 928 RADIOLOCATION 707 US215 US218 US267 US275 G11 G59 c  902 928 707 US215 US218 US267 US275  c  Amateur (97)  c   K: x 915 + 13 MHz: Industrial, scientific and medical frequency&    f &  928 929 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 c  928 929 FIXED MOBILE except aeronautical mobile Radiolocation 705 c  928 929 FIXED MOBILE BROADCASTING Radiolocation 706 c  928 929 US116 US215 US268 G2 c  928 929 FIXED US116 US215 US268 NG120 c  PRIVATE LAND MOBILE (90) PRIVATE OPERATIONAL FIXED MICROWAVE (94) PUBLIC MOBILE (22) c &     & &cr&   929 930 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 r  929 930 FIXED MOBILE except aeronautical mobile Radiolocation 705 r  929 930 FIXED MOBILE BROADCASTING Radiolocation 706 r  929 930 US116 US215 US268 G2 r  929 930 LAND MOBILE US116 US215 US268 NG120 r  PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) r   r".x" | Hddxvvvvvvv Hddxvvvvvvv | &    & && ") International table "United States table " (FCC use designators&     &"sRegion 1 allocation MHz", Region 2 allocation MHz"Region 3 allocation MHz"0Government"GNonGovernment"&Rule part(s)"[+Specialuse frequencies(     ( && " V(1)"M  G (2)"w : (3)"}Allocation MHz (4)" [Allocation MHz 76 (5)"& &(6)"O- "-(7)(   ( &c&   930 931 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704   930 931 FIXED MOBILE except aeronautical mobile Radiolocation 705 f c  930 931 FIXED MOBILE BROADCASTING Radiolocation 706 f c  930 931 US116 US215 US268 G2 f c  930 931 FIXED MOBILE US116 US215 US268 US330 NG120 f c  PERSONAL COMMUNICATIONS (24) f c &    &  931 932 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704   931 932 FIXED MOBILE except aeronautical mobile Radiolocation 705  c  931 932 FIXED MOBILE BROADCASTING Radiolocation 706  c  931 932 US116 US215 US268 G2  c  931 932 LAND MOBILE US116 US215 US268 NG120  c  PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22)  c &    f &  932 935 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 U  932 935 FIXED MOBILE except aeronautical mobile Radiolocation 705 c  932 935 FIXED MOBILE BROADCASTING Radiolocation 706 c  932 935 FIXED US215 US268 G2 c  932 935 FIXED US215 US268 NG120 c  DOMESTIC PUBLIC FIXED (21) PUBLIC MOBILE (22) c &  O   & &c&   935 940 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704   935 940 FIXED MOBILE except aeronautical mobile Radiolocation 705 r  935 940 FIXED MOBILE BROADCASTING Radiolocation 706 r  935 940 US116 US215 US268 G2 r  935 940 FIXED LAND MOBILE US116 US215 US268 NG120 )  PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) ) O   ".x" | Hddxvvvvvvv Hddxvvvvvvv | &O    & && ") International table "United States table " (FCC use designators&     &"sRegion 1 allocation MHz", Region 2 allocation MHz"Region 3 allocation MHz"0Government"GNonGovernment"&Rule part(s)"[+Specialuse frequencies(     ( && " V(1)"M  G (2)"w : (3)"}Allocation MHz (4)" [Allocation MHz 76 (5)"& &(6)"O- "-(7)(   ( &c&   940 941 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704   940 941 FIXED MOBILE except aeronautical mobile Radiolocation 705 f c  940 941 FIXED MOBILE BROADCASTING Radiolocation 706 f c  940 941 US116 US268 G2 f c  940 941 FIXED MOBILE US116 US268 US330 NG120 f c  PERSONAL COMMUNICATIONS (24) f c &    &  941 942 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704   941 942 FIXED MOBILE except aeronautical mobile Radiolocation 705  c  941 942 FIXED MOBILE BROADCASTING Radiolocation 706  c  941 942 FIXED US268 G2 c  941 942 FIXED US268 NG120  c  DOMESTIC PUBLIC FIXED (21) PUBLIC MOBILE (22)  c &  5  f & &c&   942 944 FIXED MOBILE except aeronautical mobile BROADCASTING 703 7047  942 944 FIXED MOBILE 7  942 944 FIXED MOBILE BROADCASTING 701 U  942 944 FIXED US301 US302U  942 944 FIXED US301 US302 NG120U  DOMESTIC PUBLIC FIXED (21)U &5    & &c&   944 960 FIXED MOBILE except aeronautical mobile BROADCASTING 703 704  944 960 FIXED MOBILE   944 960 FIXED MOBILE BROADCASTING 701 c  944 960 c  944 960 FIXED NG120c  AUXILIARY BROADCASTING (74) PUBLIC MOBILE (22) INTERNATIONAL PUBLIC FIXED (23) PRIVATE OPERATIONAL FIXED (94) c &    U& &c,& "l*,,"J *,,"`*,,"*,,":L *,,"&*,,"8-*  ,",.x"  Y-   '3'3StandardHPLASIII.PRSXw3'3'StandardHPLASIII.PRSXw(H  H # Xj\  P6G;[hXP#DINTERNATIONAL FOOTNOTES * * * * *  Y- 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.  Y3- 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. * * * * *  Y - 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] * * * * *  Y- 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] * * * * *"*.-?,?,,"Ԍ : IX   X- SEPARATE STATEMENT OF   X-tI COMMISSIONER RACHELLE B. CHONG   Wv-xRe: ` ` Amendment of the Commissions Rules to Permit Flexible Service Offerings in the Commercial Mobile Radio Services, Notice of Proposed Rule Making,  WH-Docket 966.(#` '' I support our proposal to permit all Commercial Mobile Radio Services (CMRS)  Y -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  Y-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,  Y!-preventing harmful interference and adjudicating complaints among competitors.  Y#-