WPCF 2?BJ<%Courier3|X#Xw PE37XP#Times New RomanTimes New Roman BoldTimes New Roman ItalicX@Times New RomanTimes New Roman Boldw PE37XP#2@qK Z CourierCG Times"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""<.<<<<(#,%2h>*f9 xr G;hX6jC:,<LXj9 xOG;X2\|C%9BF-y.X80,X\  P6G;P.y.\80,T\4  pG;07jC:,9Xj\  P6G;XP/7nC:,|Xn4  pG;X\15hC:,%2Xh*f9 xr G;XX 2W!@(#,h@\  P6G;hP3H5!,i,5\  P6G;,P\4{,W80,%0W*f9 xr G;X\5X >(#,%!h>*f9 xr G;hX6jC:,<Xj9 xOG;X yO- X   9 X-  w  #XP\  P6Q9XP#Federal Communications Commission`#DA 971285 ă  ydddy 9v3 Before the Federal Communications Commission  yO} Washington, D.C. 20554 ă  X -In the matter ofR#XP\  P6Q9XP#) R) Amendment of the Commission's Rules toR) Relocate the Digital Electronic MessageR) Service from the 18 GHz band to the 24 GHzR) band and to Allocate the 24 GHz band for R) Fixed ServiceR) T  X: -; ORDER TP  X-X` hp x (#%'0*,.8135@8: {Oy-ԍ Id. at  11.> Because of immediate security issues relating to Government Earth  X-stations in the Washington, DC and Denver, CO areas, the Commission's DEMS Order  X-required incumbent DEMS licensees in those areas to cease operations in the 18 GHz band  X-immediately.DZ {O-ԍ Id. at  20.D In order to facilitate the relocation of these operations, the Bureau recently  X-issued modified licenses to these incumbents {OC -ԍ See Appendix A for a list of the Washington, DC and Denver, COarea licenses that have been modified. authorizing DEMS operations on the 24 GHz  X-band. For all other incumbent DEMS licensees, the DEMS Order established midnight,  Xz-January 1, 2001, as the date by which use of the 18 GHz band must end.$z~ {O - xxԍ DEMS Order at  20. We note that Watchtower Bible and Tract Society of NY, Inc. ("Watchtower") holds  xa pointtopoint license authorizing it to operate Call Sign WNEF890 at 18,84018,860 MHz, which is in the 18 GHz  {O;- xiband. Because Watchtower does not provide DEMS service, its license was unaffected by the DEMS Order and is not modified by this action.  XL-T III. DISCUSSION  X -T P  X -x3. 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  X -Telecommunications Bureau."E j  {O-ԍ DEMS Order at  14.E 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 25mile 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  X -25mile 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  X-pursuant to a February 29, 1996 Report and Order. w yO"- xKԍ In the matter of Reorganization and Revision of Parts 1, 2, 21, and 94 of the Rules to Establish a New Part  {OS#-101 Governing Terrestrial Microwave Fixed Radio Services, Report and Order, 11 FCC Rcd 13449 (1996). Accordingly, nearly every 18 GHz DEMS license should be modified not only to permit use of the 24 GHz band, but also to"V ,N(N(ZZ"  X-refer to the current rule sections to which each waiver now applies.fZ yOy- xԍ Only the modified Washington, DC and Denver, COarea licenses reflect the new rules, and those licenses  {OA- x,contain minor errors corrected by the instant Order stemming from the omission of references to the old rules under which the waivers were initially granted.f  X-x4. 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  X-Communications Act of 1934, as amended.E  {OA -ԍ DEMS Order at  20.E There are no incumbent protests to consider. "| yO - xԍ Motorola, a licensee in the 18 GHz band, filed a letter of protest on April 14, 1997, but withdrew its protest  x,on May 29, 1997. We also note that several parties have filed Petitions for Reconsideration, a Petition for Partial  {Oc - xReconsideration and a Petition for Clarification of the DEMS Order. Those motions will be addressed in a  yO- -subsequent Commission action.  Xx-x5. Accordingly, pursuant to Sections 301 and 316 of the Communications Act, 47  Xa-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  X5-Order, to permit operation in the 24 GHz band and to prohibit DEMS operation in the 18  X -GHz band after midnight, January 1, 2001.} Z f  yO7- xԍ The licenses, as set out in Appendix B, do not include nine licenses formerly held by FirstComm. FirstComm  {O- xformally surrendered its rights and privileges regarding the licenses after the release of the DEMS Order. The cancellation of FirstComm's licenses became official on June 12, 1997.} 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  X -the DEMS Order, licenses in the 24 GHz band for cochannel operation of DEMS systems located in Los Angeles, CA. In modifying their licenses, we will note therein such cochannel authority.  Xj-1 IV. ORDERING CLAUSES XS-TP x6. 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, 18,87018,880 MHz paired with frequency band 19,21019,220 MHz, ARE MODIFIED to authorize transmission on Channel 35, 24,25024,290 MHz paired with frequency band 25,05025,090 MHz. (b) Licenses authorizing transmission on Channel 31, 18,88018,890 MHz paired with frequency band 19,22019,230 MHz, ARE MODIFIED to authorize"m ,N(N(ZZ" transmission on Channel 36, 24,29024,330 MHz paired with frequency band 25,09025,130 MHz. (c) Licenses authorizing transmission on Channel 32, 18,89018,900 MHz paired with frequency band 19,23019,240 MHz, ARE MODIFIED to authorize transmission on Channel 37, 24,33024,370 MHz paired with frequency band 25,13025,170 MHz. (d) Licenses authorizing transmission on Channel 33, 18,90018,910 MHz paired with frequency band 19,24019,250 MHz, ARE MODIFIED to authorize transmission on Channel 38, 24,37024,410 MHz paired with frequency band 25,17025,210 MHz. (e) Licenses authorizing transmission on Channel 34, 18,91018,920 MHz paired with frequency band 19,25019,260 MHz, ARE MODIFIED to authorize transmission on Channel 39, 24,41024,450 MHz paired with frequency band 25,21025,250 MHz. (f) The license for Station WNER963 (licensed to TRW), authorizing transmission on Channel 26, 18,83018,840 MHz paired with frequency band 19,17019,180 MHz, IS MODIFIED to authorize transmission on Channel 39, 24,41024,450 MHz paired with frequency band 25,21025,250 MHz.   x7. All 18 GHz DEMS licenses identified in Appendix B ARE MODIFIED to prohibit operation on frequencies in the 18,83018,840 MHz, 18,87018,920 MHz, 19,17019,180 MHz and 19,21019,260 MHz bands, after midnight, January 1, 2001. x8. 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 (24,41024,450 MHz paired with frequency band 25,21025,250 MHz) within the Los Angeles, CA, SMSA has also been issued to Microwave Services, Inc. for Station WMT337." x9. 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 (24,41024,450 MHz paired with frequency band 25,21025,250 MHz) within the Los Angeles, CA, SMSA has also been issued to TRW for Station WNER963." x10. 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)].""#' ,N(N(ZZ%"Ԍx11. IT IS FURTHER ORDERED that licenses for stations WMT312 and WMT329  X-(licensed to Digital Services Corp.), which were modified on June 4, 1997, ARE  X-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 25mile 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 25mile radius." x12. IT IS FURTHER ORDERED that the license for station WMF850 (licensed to  X -Microwave Services, Inc.), which was modified on June 4, 1997, IS CORRECTED to read as  X -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." x13. IT IS FURTHER ORDERED that the license for station WMT338 (licensed to  Xy-Microwave Services, Inc.), which was modified on June 4, 1997, IS CORRECTED to read as  Xb-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."  X-x14. This Order is effective June 24, 1997. x15. 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  X-March 14, 1997, DEMS Order. x` `  FEDERAL COMMUNICATIONS COMMISSION x` `  David E. Horowitz x` `  Chief, Public Safety and Private Wireless Division x` `  Wireless Telecommunications Bureau"  ,N(N(ZZ"  X-T #Xj\  P6G;9XP# )  )APPENDIX A T  X-qD WASHINGTON, DC AND DENVER, COAREA LICENSES PREVIOUSLY MODIFIED  X-L TO ALLOW OPERATION ON THE 24 GHz BAND T  X_-TPX` hp x (#%'0*,.8135@8:UAe Licensee` `  hhLocationhppCall Sign    X1- e m u%} "5%')=,.0E357M:<>UA e m u%Q}LY: !"5%')=,.0E357M:<>UAeeDigital Services Corp.hhWashingtonhppWMT312  X -Digital Services Corp.hhDenverhppWMT329  X - e m u%Q}LY: !"5%')=,.0E357M:<>UA e m u%Q}: f!"5%')=,.0E357M:<>UAeeMicrowave Services, Inc.hhBaltimorehppWMF850  X -Microwave Services, Inc.hhWashingtonhppWMT338 x "  ,N(N(ZZ/ "  e m u%Q}: f!"5%')=,.0E357M:<>UA e m u%Q}: f!"5%')=,.0E357M:<>UAee  X-) APPENDIX B  X-T T&DEMS LICENSES MODIFIED BY THIS ORDER TO ALLOW OPERATION ON THE 24 GHz BAND#Xj\  P6G;9XP#ѐTP  Xv-Licensee` `  hhLocationhppCall Sign x  XH-TRW, Inc.` `  hhLos AngeleshppWNER963    X1-Digital Services Corp.hhAtlantahppWMT317    X -Digital Services Corp.hhBostonhppWMT328    X -Digital Services Corp.hhChicagohppWMT318    X -Digital Services Corp.hhClevelandhppWMT341  X -Digital Services Corp.hhColumbushppWMT342    X -Digital Services Corp.hhDallas@hppWMT340  X -Digital Services Corp.hhDetroithppWPJD309    X-Digital Services Corp.hhHoustonhppWMT322  Xy-Digital Services Corp.hhIndianapolishppWMT316  Xb-Digital Services Corp.hhKansas CityhppWMT325  XK-Digital Services Corp.hhLos AngeleshppWMT314    X4-Digital Services Corp.hhMiami@hppWMT327  X-Digital Services Corp.hhMilwaukeehppWMT311  X-Digital Services Corp.hhMinneapolishppWMT310  X-Digital Services Corp.hhMt. Laurel, NJppWMT313    X-Digital Services Corp.hhNew YorkhppWMT315  X-Digital Services Corp.hhPhoenixhppWMT309  X-Digital Services Corp.hhPittsburghhppWMT319  X-Digital Services Corp.hhPortlandhppWMT321    X|-Digital Services Corp.hhSacramentohppWMT320    Xe-Digital Services Corp.hhSaint LouishppWMT324    XN-Digital Services Corp.hhSan AntoniohppWMT326  --YY +  X7-Digital Services Corp.hhSeattlehppWMT323  X -Digital Services Corp.hhTampahppWMT308    X -FirstMark Communications hhLos AngeleshppWMT306  X-FirstMark Communications hhSan Francisco ppWMT348  X-Microwave Services, Inc.hhAtlantahppWMT335  X -Microwave Services, Inc.hhChicagohppWMT332  X!-Microwave Services, Inc.hhCincinnatihppWMF847    X"-Microwave Services, Inc.hhClearwaterhppWMF849  X#-Microwave Services, Inc.hhClevelandhppWPJD853  Xh$-Microwave Services, Inc.hhDallas@hppWMT331  XQ%-Microwave Services, Inc.hhDetroithppWPJD304  X:&-Microwave Services, Inc.hhHoustonhppWMT330  X#'-Microwave Services, Inc.hhIndianapolishppWMF841"#' ,N(N(ZZ%"Ԍ X-Microwave Services, Inc.hhKansas CityhppWMF848    X-Microwave Services, Inc.hhLos AngeleshppWMT337    X-Microwave Services, Inc.hhMiami@hppWMT334  X-Microwave Services, Inc.hhMilwaukeehppWMF840  X-Microwave Services, Inc.hhMinneapolishppWMF845  X- e m u%Q}: f!"5%')=,.0E357M:<>UA e m u%Q}: f!"%')=,.0E357M:<>UAeeMicrowave Services, Inc.hhPhiladelphiahppWMT339  Xv-Microwave Services, Inc.hhPhoenixhppWMF851  X_-Microwave Services, Inc.hhPittsburghhppWMF852  XH-Microwave Services, Inc.hhSacramentohppWMF843  X1-Microwave Services, Inc.hhSaint LouishppWMF846  X -Microwave Services, Inc.hhSan AntoniohppWPJC397  X -Microwave Services, Inc.hhSan DiegohppWMF844  X -Microwave Services, Inc.hhSan Francisco ppWMT336  X -Microwave Services, Inc.hhSan JosehppWPJC396    X -Microwave Services, Inc.hhSeattlehppWMF854  X -Microwave Services, Inc.hhVancouver, ORppWMF842