******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the matter of ) ) Amendment of the Commission's Rules to) Relocate the Digital Electronic Message) Service from the 18 GHz band to the 24 GHz) band and to Allocate the 24 GHz band for ) Fixed Service ) ORDER Adopted: June 23, 1997Released: June 24, 1997 By the Chief, Public Safety and Private Wireless Division: I. INTRODUCTION 1. By this action, we modify the licenses of those licensees authorized to operate a digital electronic message service ("DEMS") system in the 18.82-18.92 GHz and 19.16-19.26 GHz bands ("18 GHz band") to allow operation in the 24.25-24.45 GHz and 25.05-25.25 GHz bands ("24 GHz band"), and to prohibit the use of the 18 GHz band after midnight, January 1, 2001, subject to the conditions stated below. II. BACKGROUND 2. On March 14, 1997, the Commission adopted an Order requiring the relocation of DEMS operations from the 18 GHz band to the 24 GHz band. In order to accommodate this relocation, the Commission, in its DEMS Order, amended its Table of Frequency Allocations and Part 101 of its Rules regarding Fixed Microwave Services to permit Fixed Service use of the 24 GHz band. The DEMS Order authorized the use of the 24 GHz band for DEMS and amended the Commission's Rules to require incumbent DEMS licensees to vacate the 18 GHz band. These actions, taken in an effort to advance, support and accommodate the national defense, were necessary to simultaneously protect Government Earth stations and ensure the viability of DEMS. Because of immediate security issues relating to Government Earth stations in the Washington, DC and Denver, CO areas, the Commission's DEMS Order required incumbent DEMS licensees in those areas to cease operations in the 18 GHz band immediately. In order to facilitate the relocation of these operations, the Bureau recently issued modified licenses to these incumbents authorizing DEMS operations on the 24 GHz band. For all other incumbent DEMS licensees, the DEMS Order established midnight, January 1, 2001, as the date by which use of the 18 GHz band must end. III. DISCUSSION 3. Although the DEMS Order amended the Commission's Rules regarding DEMS by establishing five channel pairs, Channels 35 to 39, in the 24 GHz band exclusively for existing 18 GHz DEMS licensees, the Commission made no modifications to licenses at that time and reserved those changes to "be effected by separate action by the Wireless Telecommunications Bureau." With the exception of DEMS licensees in the Washington, DC and Denver, CO areas, no DEMS licenses have been modified to permit operation outside the 18 GHz band. Additionally, the majority of DEMS licenses include waivers of the Commission's Rules, which (a) permit construction of additional nodal stations without further Commission authority within a 25-mile radius of the assigned coordinates, adherence to a relaxed digital emission mask, and/or use of reduced gain antennas; and/or (b) suspend the requirement for additional frequency coordination for new operations within the designated 25-mile radius. However, the waiver language on the licenses cite Commission Rules that were later moved to Part 101 of Title 47 of the Code of Federal Regulations and renumbered pursuant to a February 29, 1996 Report and Order. Accordingly, nearly every 18 GHz DEMS license should be modified not only to permit use of the 24 GHz band, but also to refer to the current rule sections to which each waiver now applies. 4. Incumbent licensees were given 30 days from the DEMS Order's March 14 release date by which to protest the license modifications, consistent with Section 316 of the Communications Act of 1934, as amended. There are no incumbent protests to consider. 5. Accordingly, pursuant to Sections 301 and 316 of the Communications Act, 47 U.S.C.  301, 316, as amended, and the Commission's DEMS Order, we hereby modify the licenses of those licensees identified in Appendix B, effective upon release of the instant Order, to permit operation in the 24 GHz band and to prohibit DEMS operation in the 18 GHz band after midnight, January 1, 2001. We also modify these licenses to update the waiver language, as appropriate. Finally, we note that two licensees listed in Appendix B, TRW, Inc. ("TRW") and Microwave Services, Inc. ("MSI"), will now hold, by operation of the DEMS Order, licenses in the 24 GHz band for co-channel operation of DEMS systems located in Los Angeles, CA. In modifying their licenses, we will note therein such co-channel authority. IV. ORDERING CLAUSES 6. Accordingly, IT IS ORDERED that the licenses of DEMS licensees in the 18 GHz band, as set out in Appendix B, ARE HEREBY MODIFIED as follows: (a) Licenses authorizing transmission on Channel 30, 18,870-18,880 MHz paired with frequency band 19,210-19,220 MHz, ARE MODIFIED to authorize transmission on Channel 35, 24,250-24,290 MHz paired with frequency band 25,050-25,090 MHz. (b) Licenses authorizing transmission on Channel 31, 18,880-18,890 MHz paired with frequency band 19,220-19,230 MHz, ARE MODIFIED to authorize transmission on Channel 36, 24,290-24,330 MHz paired with frequency band 25,090-25,130 MHz. (c) Licenses authorizing transmission on Channel 32, 18,890-18,900 MHz paired with frequency band 19,230-19,240 MHz, ARE MODIFIED to authorize transmission on Channel 37, 24,330-24,370 MHz paired with frequency band 25,130-25,170 MHz. (d) Licenses authorizing transmission on Channel 33, 18,900-18,910 MHz paired with frequency band 19,240-19,250 MHz, ARE MODIFIED to authorize transmission on Channel 38, 24,370-24,410 MHz paired with frequency band 25,170-25,210 MHz. (e) Licenses authorizing transmission on Channel 34, 18,910-18,920 MHz paired with frequency band 19,250-19,260 MHz, ARE MODIFIED to authorize transmission on Channel 39, 24,410-24,450 MHz paired with frequency band 25,210-25,250 MHz. (f) The license for Station WNER963 (licensed to TRW), authorizing transmission on Channel 26, 18,830-18,840 MHz paired with frequency band 19,170-19,180 MHz, IS MODIFIED to authorize transmission on Channel 39, 24,410-24,450 MHz paired with frequency band 25,210-25,250 MHz. 7. All 18 GHz DEMS licenses identified in Appendix B ARE MODIFIED to prohibit operation on frequencies in the 18,830-18,840 MHz, 18,870-18,920 MHz, 19,170-19,180 MHz and 19,210-19,260 MHz bands, after midnight, January 1, 2001. 8. IT IS FURTHER ORDERED that the license for Station WNER963 (licensed to TRW) IS CLARIFIED by adding the following statement: "Note that a license for common carrier operation of Digital Electronic Message Service on Channel 39 (24,410-24,450 MHz paired with frequency band 25,210-25,250 MHz) within the Los Angeles, CA, SMSA has also been issued to Microwave Services, Inc. for Station WMT337." 9. IT IS FURTHER ORDERED that the license for Station WMT337 (licensed to Microwave Services, Inc.) IS CLARIFIED by adding the following statement: "Note that a license for common carrier operation of Digital Electronic Message Service on Channel 39 (24,410-24,450 MHz paired with frequency band 25,210-25,250 MHz) within the Los Angeles, CA, SMSA has also been issued to TRW for Station WNER963." 10. IT IS FURTHER ORDERED that to the extent licenses set forth in Appendix B contain conditions waiving Rules 21.3(b), 21.106(a)(4), 21.108, and/or 21.504(c)(1), these licenses ARE UPDATED to add a parenthetical immediately following the citation of said Rules, referring to the current Rule designations, as follows: "[currently designated as Rules 101.5(b), 101.111(a)(4), 101.115, and/or 101.509(c)(1)]." 11. IT IS FURTHER ORDERED that licenses for stations WMT312 and WMT329 (licensed to Digital Services Corp.), which were modified on June 4, 1997, ARE CORRECTED to read as follows: "Rules 21.3(b), 21.106(a)(4), 21.108 and 21.504(c)(1) [currently designated as Rules 101.5(b), 101.111(a)(4), 101.115 and 101.509(c)(1)] waived by Commission action dated December 12, 1994 to permit construction of additional nodal stations without further Commission authority within a 25-mile radius of the assigned coordinates, relaxed digital emission mask, and reduced gain antennas, and to suspend the requirement for additional frequency coordination for new operations within the designated 25-mile radius." 12. IT IS FURTHER ORDERED that the license for station WMF850 (licensed to Microwave Services, Inc.), which was modified on June 4, 1997, IS CORRECTED to read as follows: "Rules 21.3(b), 21.106(a)(4) and 21.108 [currently designated as Rules 101.5(b), 101.111(a)(4) and 101.115] waived by Commission action dated December 12, 1994 to permit relaxed digital emission mask and reduced gain antennas." 13. IT IS FURTHER ORDERED that the license for station WMT338 (licensed to Microwave Services, Inc.), which was modified on June 4, 1997, IS CORRECTED to read as follows: "Rules 21.106(a)(4) and 21.108 [currently designated as Rules 101.111(a)(4) and 101.115] waived by Commission action dated December 12, 1994 to permit relaxed digital emission mask and reduced gain antennas." 14. This Order is effective June 24, 1997. 15. This action is taken under delegated authority pursuant to Sections 4(i), 303(r) and 316 of the Communications Act, as amended, 47 U.S.C.  4(i), 303(r) and 316, Section 0.331 of the Commission's Rules, as amended, 47 C.F.R.  0.331, and the Commission's March 14, 1997, DEMS Order. FEDERAL COMMUNICATIONS COMMISSION David E. Horowitz Chief, Public Safety and Private Wireless Division Wireless Telecommunications Bureau APPENDIX A WASHINGTON, DC AND DENVER, CO-AREA LICENSES PREVIOUSLY MODIFIED TO ALLOW OPERATION ON THE 24 GHz BAND LicenseeLocationCall Sign Digital Services Corp.WashingtonWMT312 Digital Services Corp.DenverWMT329 Microwave Services, Inc.BaltimoreWMF850 Microwave Services, Inc.WashingtonWMT338 APPENDIX B DEMS LICENSES MODIFIED BY THIS ORDER TO ALLOW OPERATION ON THE 24 GHz BAND LicenseeLocationCall Sign TRW, Inc.Los AngelesWNER963 Digital Services Corp.AtlantaWMT317 Digital Services Corp.BostonWMT328 Digital Services Corp.ChicagoWMT318 Digital Services Corp.ClevelandWMT341 Digital Services Corp.ColumbusWMT342 Digital Services Corp.DallasWMT340 Digital Services Corp.DetroitWPJD309 Digital Services Corp.HoustonWMT322 Digital Services Corp.IndianapolisWMT316 Digital Services Corp.Kansas CityWMT325 Digital Services Corp.Los AngelesWMT314 Digital Services Corp.MiamiWMT327 Digital Services Corp.MilwaukeeWMT311 Digital Services Corp.MinneapolisWMT310 Digital Services Corp.Mt. Laurel, NJWMT313 Digital Services Corp.New YorkWMT315 Digital Services Corp.PhoenixWMT309 Digital Services Corp.PittsburghWMT319 Digital Services Corp.PortlandWMT321 Digital Services Corp.SacramentoWMT320 Digital Services Corp.Saint LouisWMT324 Digital Services Corp.San AntonioWMT326 Digital Services Corp.SeattleWMT323 Digital Services Corp.TampaWMT308 FirstMark Communications Los AngelesWMT306 FirstMark Communications San Francisco WMT348 Microwave Services, Inc.AtlantaWMT335 Microwave Services, Inc.ChicagoWMT332 Microwave Services, Inc.CincinnatiWMF847 Microwave Services, Inc.ClearwaterWMF849 Microwave Services, Inc.ClevelandWPJD853 Microwave Services, Inc.DallasWMT331 Microwave Services, Inc.DetroitWPJD304 Microwave Services, Inc.HoustonWMT330 Microwave Services, Inc.IndianapolisWMF841 Microwave Services, Inc.Kansas CityWMF848 Microwave Services, Inc.Los AngelesWMT337 Microwave Services, Inc.MiamiWMT334 Microwave Services, Inc.MilwaukeeWMF840 Microwave Services, Inc.MinneapolisWMF845 Microwave Services, Inc.PhiladelphiaWMT339 Microwave Services, Inc.PhoenixWMF851 Microwave Services, Inc.PittsburghWMF852 Microwave Services, Inc.SacramentoWMF843 Microwave Services, Inc.Saint LouisWMF846 Microwave Services, Inc.San AntonioWPJC397 Microwave Services, Inc.San DiegoWMF844 Microwave Services, Inc.San Francisco WMT336 Microwave Services, Inc.San JoseWPJC396 Microwave Services, Inc.SeattleWMF854 Microwave Services, Inc.Vancouver, ORWMF842