NOTICE ************************************************************************* NOTICE ************************************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Amendment of the Commission's ) Rules To Permit Flexible ) WT Docket No. 96-6 Service Offerings in the ) Commercial Mobile Radio Services ) ) FIRST REPORT AND ORDER AND FURTHER NOTICE OF PROPOSED RULE MAKING Adopted: June 27, 1996 Released: August 1, 1996 Comment Date: [90 days after Federal Register publication] Reply Comment Date: [120 days after Federal Register publication] By the Commission: TABLE OF CONTENTS Paragraph I. Introduction and Executive Summary . . . . . . . . . . . . . . . . . .1 II. Background. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 III. REPORT AND ORDER A. Flexible Use of Spectrum. . . . . . . . . . . . . . . . . . . . 10 B. Technical and Operational Rules . . . . . . . . . . . . . . . . 26 C. Table of Frequency Allocations. . . . . . . . . . . . . . . . . 30 D. Universal Service Obligations . . . . . . . . . . . . . . . . . 35 E. Regulatory Treatment of Fixed Services. . . . . . . . . . . . . 39 IV. FURTHER NOTICE OF PROPOSED RULE MAKING. . . . . . . . . . . . . . . 40 V. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 VI. PROCEDURAL MATTERS A. Regulatory Flexibility Act. . . . . . . . . . . . . . . . . . . 59 B. Ex Parte Rules -- Non-Restricted Proceeding . . . . . . . . . . 60 C. Initial Paperwork Reduction Act of 1995 Analysis. . . . . . . . 61 D. Comment Dates . . . . . . . . . . . . . . . . . . . . . . . . . 62 E. Ordering Clauses. . . . . . . . . . . . . . . . . . . . . . . . 64 F. Contacts for Information. . . . . . . . . . . . . . . . . . . . 66 APPENDIX A: List of Commenters APPENDIX B: List of Reply Commenters APPENDIX C: Final Rules APPENDIX D: Regulatory Flexibility Analysis I. INTRODUCTION & EXECUTIVE SUMMARY 1. In the Notice of Proposed Rule Making in WT Docket No. 96-6 ("Notice"), released on January 25, 1996, we sought comment on proposals for expanding permitted offerings of fixed wireless service by Commercial Mobile Radio Service ("CMRS") providers. In addition, we sought comment with regard to the regulatory treatment for such services under Section 332 of the Communications Act of 1934, as amended. We received 52 comments and 22 reply comments in response to the Notice. That record shows strong support for allowing the provision of fixed wireless services by licensees operating in the CMRS bands. In this First Report and Order, we conclude that, while licensees previously could provide some fixed services over CMRS spectrum, the public interest would be served by giving licensees maximum flexibility in the uses of CMRS spectrum. Allowing service providers to offer all types of fixed, mobile, and hybrid services will allow CMRS providers to better respond to market demand and increase competition in the provision of telecommunications services. 2. We therefore amend our rules to allow providers of narrowband and broadband Personal Communications Services (PCS), cellular, CMRS Specialized Mobile Radio (SMR), CMRS paging, CMRS 220 MHz service, and for-profit interconnected business radio services to offer fixed wireless services on their assigned spectrum on a co-primary basis with mobile services. Specifically,  We conclude that fixed services, excluding broadcast services, are permissible service offerings on spectrum allocated for broadband and narrowband CMRS.  We modify our CMRS service rules to allow spectrum allocated to these services to be used on a co-primary basis for fixed services, mobile services, or any combination of the two, and we eliminate the classification of fixed services as limited to auxiliary or ancillary uses in these bands.  We maintain the technical rules currently in place for CMRS and require licensees who wish to offer co-primary fixed services on CMRS spectrum to comply with those rules.  We refer universal service issues that may arise from our decisions in this Report and Order to the Commission's pending universal service proceeding, CC Docket No. 96-45. 3. These rule changes will allow CMRS providers greater flexibility to provide innovative wireless services to meet consumer demands. The record in this proceeding and in the testimony presented at our Spectrum En Banc hearing both indicate that CMRS providers, in addition to developing mobile services, are seeking to provide a wide range of fixed service offerings to consumers, and in many instances to combine fixed and mobile technologies into integrated service packages. Potential fixed wireless services include not only "wireless local loop," i.e., fixed wireless links to connect residences, apartment buildings, office buildings and other structures with wireline local exchange networks, but also fixed wireless architectures that can link end users to cellular switches, and remote base stations. By giving CMRS providers greater flexibility to provide these fixed services, whether separately or in combination with mobile services, we establish a framework that will stimulate wireless competition in the local exchange market, encourage innovation and experimentation in development of wireless services, and lead to a greater variety of service offerings to consumers. 4. While we adopt rules allowing licensees to offer fixed services over CMRS spectrum, we determine that it would be premature to make a final determination with respect to the regulatory treatment of licensees providing such services. Therefore, in the Further Notice of Proposed Rule Making, we seek additional comment on the regulatory treatment of entities offering fixed services on CMRS spectrum:  We do not intend to alter the regulatory treatment of licensees offering the types of ancillary, auxiliary, and incidental fixed services that have been offered by CMRS providers under our rules prior to this order.  We propose to establish a presumption that licensees offering other fixed services over CMRS spectrum should be regulated as CMRS. We seek comment on such a presumption and, if adopted, what factors should be used to support or rebut this presumption. II. BACKGROUND 5. Our current rules for CMRS services allow licensees to provide all forms of mobile services on their assigned spectrum. The Communications Act, as amended, 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." In the CMRS Second Report and Order, the Commission interpreted the statutory definition of mobile service to include "all auxiliary services provided by mobile services licensees." This enables parties licensed to provide service over CMRS spectrum to provide some forms of fixed services on their assigned spectrum. Our PCS rules, for example, permit PCS licensees to provide any fixed service that is "ancillary" to their mobile operations. Likewise, SMR providers may use licensed spectrum for certain fixed uses on a secondary, non-interference basis to the primary mobile operations of any other licensee. Cellular carriers may provide "auxiliary" common carrier services and services premised on the use of alternative cellular technologies, provided such services do not interfere with cellular service. 6. These current rules were intended to offer some flexibility to licensees providing CMRS services who seek to provide fixed services that complement or support their mobile service offerings. In the PCS context, for example, we have consistently stated that we envisioned PCS providers offering a broad array of services, including services that could potentially extend, replace, and compete with wireline local exchange service. These services, including "wireless local loop," may be delivered using a system architecture that is mobile or fixed, or that combines mobile and fixed components. 7. The current rules also place some limits on the ability of licensees on CMRS spectrum to offer fixed services, however. In reviewing the definition of "mobile service" under the Communications Act, "we have concluded that services having both fixed and mobile capabilities, e.g., services provided through dual-use equipment, fall within the statutory definition." In contrast, we have concluded that services that are solely fixed in nature, e.g., fixed point-to-point services such as Basic Exchange Telephone Radio Service (BETRS), do not constitute "mobile service" within the meaning of the statute. The current rules do not allow fixed services to be offered on spectrum allocated for PCS or other CMRS unless they are ancillary to or in support of mobile service offerings, or unless the carrier obtains a waiver allowing it to offer primarily fixed service. The rationale for prohibiting non-ancillary fixed uses of the spectrum has been that the amount of spectrum available for the development of new mobile services such as PCS is limited and that alternative spectrum is available for fixed services. 8. The limitations in our rules governing provision of fixed services on PCS and other CMRS spectrum have caused uncertainty among carriers. Although terms such as "ancillary," "auxiliary," and "incidental" are intended to provide licensees who offer CMRS services with flexibility, these terms are not defined in the rules and have been subject to varying interpretations. As a result of this lack of clarity, we have found that carriers are hesitant to take advantage of the flexibility allowed by the current rules to explore potential flexible uses of their spectrum without further guidance from the Commission. In addition, carriers have indicated interest in obtaining greater flexibility than the current rules may allow to provide fixed wireless services as a competitive alternative to wireline or mobile wireless service. 9. The Commission has also recently taken actions in several other proceedings to increase the licensee's flexibility in choosing what services to provide. In creating the General Wireless Communications Service (GWCS), the Commission authorized use of the 4660-4685 MHz band to provide mobile or fixed services or a combination of the two. Similarly, the Commission has stated that Multipoint Distribution Service (MDS) stations may render any kind of communications service on a common carrier or non-common carrier basis. The Commission has also proposed to allow fixed operations on a primary basis with land mobile operation in the 220-222 MHz band. IV. FIRST REPORT AND ORDER A. Flexible Use of CMRS Spectrum 10. Background. We sought comment in the Notice on alternative approaches to allowing PCS and other CMRS providers more flexibility to offer fixed services, including: (1) adopting a rule that would expressly allow CMRS providers to offer "fixed wireless local loop," (2) permitting CMRS providers to offer wireless local loop and other defined fixed services, or (3) allowing CMRS providers to offer any form of fixed service without restriction. In the Notice we proposed to apply whatever increased flexibility we granted to broadband CMRS services, and sought comment on whether narrowband CMRS services should also have such increased flexibility. 11. Comments. An overwhelming majority of the commenters support amending our rules to allow all CMRS providers to offer all types of fixed wireless services without restriction. Most commenters agree that the Commission's current rules are unclear regarding the extent to which various broadband CMRS providers may offer fixed services. These commenters argue that the Commission should amend its rules to allow fixed services to be provided on CMRS spectrum on a co-primary basis rather than being limited to ancillary or auxiliary uses. Commenters contend that allowing carriers greater flexibility to provide fixed services will lead to more innovation and diversity of service offerings, additional competition in the local exchange market, expanded use of wireless services in areas that have traditionally not been served by wireline carriers, and competitive prices and enhanced choice for consumers. 12. Commenters who favor flexibility also oppose limiting the definition of permissible fixed service to wireless local loop, on the grounds that such a limitation would inhibit the development and deployment of technology, make it difficult for wireless providers to meet consumer demand, and create unnecessary confusion. PCIA contends that granting licensees the authority to provide all fixed services on spectrum allocated for CMRS avoids the expenditure of both Commission and service provider resources on defining "wireless local loop" and interpreting that definition. PCIA further reasons that if wireless local loop service is permitted and other fixed services are not, licensees may engage in technical or legal contortions in order to fit their fixed service offerings into the "wireless local loop" definition. Bell Atlantic argues that, to the extent that existing rules create uncertainty because they employ different terms in authorizing fixed service by different types of CMRS providers, the Commission should eliminate that uncertainty by stating that any CMRS provider may offer fixed services provided that the two longstanding requirements are met: mobile service continues to be offered; and the fixed service does not interfere with the provision of mobile service. 13. Most commenters also contend that allowing carriers maximum flexibility to provide fixed as well as mobile service will not have a negative impact on the availability of spectrum to provide mobile service. Telular argues that there is no longer any regulatory need to ensure that sufficient spectrum will be available for mobile services in addition to fixed services because a highly competitive emerging marketplace will ensure that licensees service the public efficiently. AT&T points out that it is likely that CMRS providers who have invested billions of dollars in mobile facilities will retain the primary mobile character of their offerings. CTIA states that the market will ensure that spectrum licensed for CMRS services will be used for fixed services only when it is efficient to do so. Omnipoint notes that a consensus in favor of allowing the market to decide the best use of available CMRS spectrum is evident, and this approach seems most consistent with the Telecommunications Act of 1996's (1996 Act) emphasis on deregulation and competition. Celpage notes that consumer demand for mobile services is increasing and CMRS providers will not ignore consumer demands. Celpage also argues that fixed and mobile uses of CMRS spectrum are complementary rather than mutually exclusive, so that allowing a single carrier to provide both types of service will result in greater conveniences and cost savings to the public. 14. Commenters also generally support extending flexibility to all CMRS bands, including both broadband and narrowband services. AMTA argues that creating fixed service flexibility only for a certain portion of CMRS spectrum, such as PCS, makes no sense in light of the FCC's entire regulatory program for wireless services. AT&T agrees that in light of the regulatory objectives of Section 332 of the Communications Act, similar treatment should be afforded all categories of CMRS that have the potential to compete with PCS. 15. A few commenters, however, disagree with the proposals set forth in the Notice. BANM opposes the rule changes because it believes that they are not needed. BANM claims that fixed services are a fledgling business for CMRS providers and that few, if any, are offering what the Notice describes as wireless local loop service. Accordingly, BANM argues that there is no rationale to examine possible changes to the status quo at this time. Comcast believes the Commission should clarify that all auxiliary services provided by mobile services licensees are within the definition of "mobile service" without using a Notice. RCC notes that the proposals set forth in the Notice merely clarify types of service which cellular licensees already are authorized to provide. 16. PCS One opposes the Commission's proposal to allow cellular licensees to provide fixed wireless services. PCS One argues that the Commission must permit PCS, for at least a reasonable interval, greater flexibility than cellular in the use of its spectrum. According to PCS One, this is necessary in order to establish a more level playing field while PCS enters the marketplace and attempts to establish itself against the entrenched cellular operators. Omnipoint supports operational flexibility for PCS providers, arguing that PCS offerings will change over time as operators build-out their systems, new technology changes PCS capabilities, and additional competition further invigorates the local exchange market. PacTel and UTC believe that, if the Commission makes a distinction among CMRS providers, PCS licensees should have the greatest flexibility because they received their licenses through the auction process. 17. Discussion. The record supports our observation in the Notice that sufficient uncertainty exists in our current rules to warrant clarification with regard to the provision of fixed services over spectrum allocated for CMRS. Rather than continuing to define allowable fixed services in terms of whether they are "ancillary," "auxiliary," or "incidental" to mobile services, we conclude that our rules should more broadly allow fixed services to be provided on a co- primary basis with mobile services. 18. As a threshold matter, we note that the record in this proceeding strongly supports our proposal to encourage the provision of fixed services by licensees operating in the CMRS bands. Commenters have provided several examples of potential applications of fixed wireless technology. For example, fixed wireless systems can be imbedded into PBXs and local area networks to permit continued service even when wireline service is interrupted due to weather or other emergencies. Call routing may become more efficient by allowing CMRS providers to offer fixed wireless services. Omnipoint suggests that fixed wireless links could be used to provide "local loop" to apartment buildings, office buildings, and older homes where rewiring costs are high. Nortel envisions a variety of "fixed wireless access" services coming into homes and residences that would provide an alternative to end-to-end wiring by the carrier from the switch to the end user. 19. We agree with the many commenters that support the Commission's proposal to allow CMRS providers to offer fixed wireless services. We believe that the public interest is better served by not attempting to limit potential use of CMRS spectrum to specific applications. We agree with SBC Communications that imposing such a limitation could lead to difficult definitional questions about what constitutes "wireless local loop" or other defined services. For example, Nortel's concept of fixed wireless access includes not just low-power wireless "drops" from the street to the home, but also fixed wireless architectures that would link end users to the public switched network through cellular switches, and remote base stations (in rural areas). If we were to restrict fixed service to certain configurations, Nortel and other carriers might be reluctant to pursue some potentially efficient options out of concern that they would be considered to fall outside the definition of our prescribed service definition. Rather than limit the flexibility of carriers in this manner, we prefer to encourage innovation and experimentation through a broader, more flexible standard. 20. Additional support for this approach comes from the Commission's en banc hearing on spectrum policy, held on March 5, 1996. In written and oral testimony before the Commission, a number of participants in the hearing stressed the importance of allowing CMRS providers the flexibility to offer fixed wireless services. Northern Telecom, for example, noted that local access competition will stimulate a rapid demand for fixed wireless service, and encouraged the Commission to give wireless operators service flexibility to respond to user demands. The National Association of Broadcasters agreed that allowing greater flexibility for CMRS providers would have significant public interest benefits by stimulating competition between wireless and wireline telephony. Freedom Technologies, Inc., testified that allowing greater flexibility in spectrum use is consistent with the Commission's responsibility to ensure the efficient use of spectrum. On a panel concerning technology trends, COM21 asserted that rules promoting flexible use of spectrum will create incentives for the development of better sharing technologies. AirTouch submitted that flexibility should be an integral part of spectrum policy because such flexibility increases innovation and competition, and helps to ensure that spectrum is devoted to its highest and best uses. 21. In the Notice, we sought comment on whether allowing CMRS providers to provide fixed services without restriction could result in limiting capacity for mobile services. In that regard, we observed that current technology supports use of spectrum to provide mobile service only below the 3 GHz band, while fixed uses are feasible on higher bands. Based on the record, we conclude that this need not be a concern. First, with the advent of PCS and other new CMRS services, we have significantly increased the amount of spectrum available for mobile services over what was available previously. Second, carriers are using advanced technology. As Sprint Spectrum and US West point out, development of digital technology has led to increases in potential CMRS spectrum capacity by a factor of ten, and those technologies are likely to improve dramatically in the future. Third, nothing in the record suggests that giving licensees who provide CMRS services the flexibility to offer fixed service would make them less responsive to market demand for mobile service. In fact, the record indicates that most carriers intend to offer consumers integrated packages and combinations of mobile and fixed services. 22. For these reasons, we conclude that licensees should have maximum flexibility to provide fixed or mobile services or combinations of the two over spectrum allocated for CMRS services, including PCS, cellular, and SMR services. We agree with the majority of commenters that limitations on fixed uses are unnecessary because the market is the best predictor of the most desirable division of this spectrum. In light of the dynamic, evolving nature of the wireless industry, we are concerned that regulatory restrictions on use of the spectrum could impede carriers from anticipating what services customers most need, and could result in inefficient spectrum use and reduced technological innovation. Allowing service providers to offer all types of fixed, mobile, and hybrid services in response to market demand will allow for more flexible responses to consumer demand, a greater diversity of services and combinations of services, and increased competition. This is consistent with the goals of the 1996 Act, which seeks to increase competition between the various providers of telecommunications services, including competitive alternatives to traditional local exchange service. All consumers will also benefit from technological advances in fixed services and fixed/mobile combinations that potentially could be stifled by restrictive service definitions. 23. In the Notice we proposed to increase flexibility to provide fixed wireless service for broadband CMRS services -- broadband PCS, cellular, SMR. We sought comment on whether narrowband CMRS services -- paging, narrowband PCS, commercial 220 MHz service and for-profit interconnected Business Radio Service -- should also be permitted greater flexibility to offer fixed wireless services. We agree with commenters that we should extend the flexibility to offer fixed services to the narrowband services set out in the Notice as well as broadband CMRS. In the CMRS Third Report and Order, we found that narrowband and broadband CMRS are potentially competitive with one another and should be subject to comparable regulation. We conclude that subjecting narrowband licensees to more stringent regulatory constraints than broadband CMRS providers would be inconsistent with principles of regulatory parity and serves no public interest goal. By contrast, allowing narrowband CMRS providers to provide fixed services on the same basis as broadband CMRS providers provides incentives for increased innovation, diversity of services, and increased competition. Although there may be technical constraints on the ability to provide fixed service on narrowband channels, we conclude that narrowband licensees should nevertheless be entitled to the regulatory flexibility so that they may take advantage of technological advances that may occur without being required to seek additional changes to the rules. This result is also in keeping with the goals of the 1996 Act to make available the most competitive environment possible for telecommunications services. 24. For the foregoing reasons, we conclude that service providers using spectrum allocated for CMRS should have the flexibility to provide fixed services on a co-primary basis with mobile services. Thus, service providers could choose to provide exclusively fixed services, exclusively mobile services, or any combination of the two. Accordingly, we modify the language in Section 22.901 of the Commission's rules (cellular service), Section 24.3 of the Commission's rules (PCS), and Section 90.419 of the Commission's rules (SMR) to establish a uniform description of fixed wireless services that may be offered on this spectrum. We adopt the same modifications to our rules governing narrowband CMRS, including paging, narrowband PCS, 220 MHz service, and for-profit interconnected Business Radio Services. 25. In adopting these modifications, we retain the prohibition on licensees in these services offering broadcast services. This prohibition applies regardless of whether licensees are offering fixed or mobile services or a combination of the two. We did not seek comment on this issue in the Notice, nor have commenters who favor flexibility suggested that they want or need spectrum to provide broadcast services. In our view, any consideration of whether to alter our rules with respect to allocation of spectrum for broadcast services is beyond the scope of this proceeding. In addition, we note that under applicable international allocation agreements, broadcast use of the spectrum at issue in this proceeding is restricted. Therefore, we conclude it would be inappropriate to amend our rules in this regard. B. Technical and Operational Rules 26. Background. In the Notice, we sought comment on whether modifications to our technical and operational rules are needed to accommodate fixed uses of CMRS channels if we adopted our tentative conclusions and permitted such uses. We indicated that our intent is to implement the necessary technical rules in order to minimize interference without unduly hindering a carrier's ability to offer a variety of services. 27. Comments. AirTouch/New Vector and SBC claim the Commission should leave existing technical rules intact in order to preserve the current interference-free environment. SBC argues that fixed services should be engineered so that they operate within their assigned spectrum and do not interfere with other carriers operating on their assigned spectrum. Nextel requests that, with regard to fixed services provided by SMR licensees, the Commission should apply all of the existing Part 90 technical standards to fixed SMR services as well as mobile SMR services. Nextel contends that Part 90 SMR co-channel protection and interference standards must be applied to fixed services along with mobile services to prevent harmful interference among co-channel operators. However, AirTouch/New Vector cautions against imposing stricter technical standards on the provision of fixed service that could result in onerous retrofitting requirements for carriers with operational wireless systems. 28. Several parties also request specific changes to technical rules. PacTel requests that the Commission exempt in-home PCS base stations operating at 100 milliwatts or less from the requirement in Section 24.237 that base stations must undergo interference analysis and coordination with incumbents before being made operational. RCC and SR Telecom support modification of certain cellular rules to permit mobile stations to communicate with "wireless local loop" equipment. 29. Discussion. The comments that we received regarding the technical rules indicate that we should maintain the technical rules that are currently in place and require CMRS providers who wish to offer co-primary fixed services to comply with those rules. We agree with SBC that fixed services should be engineered so that they conform to our existing interference rules and do not interfere with the operations of co-channel or adjacent channel carriers providing mobile service. Thus, so long as out-of-band and co-channel/frequency-block criteria are met, base stations used to support fixed services may operate at the same maximum power levels as base and mobile stations on the same frequencies. We also decline to adopt the specific rule changes proposed by PacTel relating to in-home base stations. The issue raised by PacTel is outside the scope of this proceeding. We will also defer consideration of the cellular rule changes requested by RCC and SR Telecom. We intend to consider technical concerns regarding CMRS, including those discussed above, in future proceedings that will more broadly address conforming our technical rules for CMRS providers. C. Table of Frequency Allocations 30. Background. The Notice included proposed changes to the Table of Frequency Allocations to include fixed service as a primary service offering in conjunction with the proposals set forth in the Notice. In the Notice, we proposed to amend the domestic Table of Frequency Allocations for the 806-821, 851-866, 896-901, and 935-940 MHz bands to permit them to make use of the allocations for both fixed and mobile services on a co-primary basis. 31. Comments. Motorola requests that the Commission modify the Table of Frequency Allocations to make it consistent with the Commission's proposal to allow cellular providers to offer both fixed and mobile services. SR Telecom supports Commission proposal to amend the Table of Frequency Allocations. 32. Discussion. We will amend the Table of Frequency Allocations as proposed in the Notice to permit licensees to make use of the affected allocations for both fixed and mobile services on a co-primary basis. In modifying the Table of Frequency Allocations, we will comply with Motorola's request and clarify that the Table applies to the fixed wireless services we are now allowing licensees to offer. 33. Specifically, we allocate the 27.41-27.54, 30.56-32, 33-34, 35-36, 42-43.69, 150.8- 152.855, 154-156.2475, 157.45-161.575, 220-222, 454-455, 456-462.5375, 462.7375-467.5375, 467.7375-512, 806-821, 824-849, 851-866, 869-894, 896-901, 929-930, 931-932 and 935-940 MHz bands to the fixed service on a co-primary basis. In addition, we delete footnotes US330 and US331, which prohibited narrowband and broadband PCS licensees from providing fixed services, except for ancillary fixed services used in support of mobile PCS. 34. As an editorial matter, we are converting the format of the Table of Frequency Allocations so that the individual frequency bands are represented as blocks of uniform size, in accordance with a request made by the Federal Register. Further, we are updating the international table of the Table of Frequency Allocations to reflect the Final Acts of the 1992 World Administrative Radio Conference. Additionally, we are removing international footnote 613 from the 157.45-158.115 MHz band and footnote NG153 from the 849-851 and 894-896 MHz bands, which are bands to which these footnotes do not apply. With regard to the rule part cross references, we are updating the title of Part 22 to Public Mobile (from Domestic Public Land Mobile) in the 35.19-35.69, 43.19-43.69, 152-152.255, 152.495-152.855, 157.755-162.0125, 454-455, 459-460, 470-512, 824-849, 869-894, 928-929, 931-932 and 944-960 MHz bands; displaying the rule parts in the 173.2-173.4 and 1850-1990 MHz bands in capital letters to indicate that the allocations in these bands are on a primary basis; updating the PCS rule part to Part 24 (from Part 99) in the 901-902, 930-931 and 940-941 MHz bands; adding Part 22 to the 851-866 MHz band, Parts 22 and 101 to the 932-935 and 941-942 MHz bands, and Part 101 in the 942-944 MHz band; replacing Part 94 with Part 101 in the 928-929, 944-960 and 1850-1990 MHz bands; and deleting Satellite Communications (25) from the 450-451 MHz band, Domestic Public Land Mobile (22) from the 929-930 MHz band and Private Land Mobile (90) from the 931-932 MHz band. Finally, we are revising the Government column in the 30-30.56 MHz band by displaying the fixed service as a primary -- not secondary -- allocation; correcting typographical errors in the 42-43.19 MHz band for columns 4 through 6; and adding footnotes US116, US215, US268 and G2 to the Government column in the 928-932 MHz band. D. Universal Service Obligations 35. Background. In the Notice, we concluded that should we ultimately adopt the proposed rules, licensees would be permitted to provide fixed wireless local loop services on spectrum allocated for CMRS services that in some respects could be similar to wireline telephone local exchange service. We sought comment, therefore, 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 also noted that it is the Commission's preference to consider the universal service obligation issues raised in this proceeding in our decisions in the universal service proceedings. 36. Subsequent to the release of the Notice, the Telecommunications Act of 1996 was enacted. The 1996 Act, among other things, amends the Communications Act to include a provision regarding Universal Service, and establishes a Federal-State Joint Board to recommend change to the Commission's universal service rules to implement the 1996 Act. In March the Commission issued a Notice of Proposed Rule Making and Order Establishing Joint Board to implement the universal service provisions of the 1996 Act. 37. Comments. Many parties agree with the Commission that these issues should be addressed in the ongoing Universal Service proceeding. Omnipoint and US West argue that the complex universal service issues have not been fully explored in the Notice, and consideration of those issues in this proceeding will likely impede the swift regulatory changes that are needed. PCIA notes that the Notice is linked to the universal service and subscribership proceedings because it is intended to increase competition for the provision of local exchange service. 38. Discussion. We agree that it would be premature to address in this Report and Order whether universal service requirements should be extended to CMRS providers offering fixed wireless service. It is also apparent both from our experience with universal service issues and the comments in response to the Notice that the public interest would be better served by allowing the Joint Board to address the universal service issues raised in this proceeding. Thus, we defer discussion of the proposals discussed by commenters in response to the Notice for consideration by the Joint Board in CC Docket No. 96-45. E. Regulatory Treatment of Fixed Services 39. For the reasons discussed below, we conclude that further development of the record is needed to resolve the issue of how fixed services allowed by this Report and Order should be regulated. Therefore, we address this issue in the Further Notice of Proposed Rule Making below. IV. FURTHER NOTICE OF PROPOSED RULE MAKING 40. Background. In the Notice, we sought comment on how we should regulate any fixed service offered by licensees on CMRS spectrum. We noted that, for example, PCS providers intend to integrate mobile, fixed wireless, wireline, and cable facilities into seamless service offerings. We stated that we do not want to discourage development of such integrated networks by subjecting carriers to multiple layers of regulation, and therefore proposed to treat fixed wireless services as an integral part of CMRS services offered by a CMRS provider, so long as the carrier otherwise uses CMRS spectrum to offer interconnected mobile service to the public for profit. We requested comment on that proposal and invited commenters to offer alternative proposals. 41. In Section 332, Congress defined "commercial mobile service" as "any mobile service (as defined in section 3 [Section 153]) that is provided for profit and makes interconnected service available (A) to the public or (B) to such classes of eligible users as to be effectively available to a substantial portion of the public as specified by regulation by the Commission." At the same time, Congress amended the definition of "mobile service" by adding two new clauses, designated as (B) and (C) which include a reference to PCS service. "Mobile service" is defined in Section 153(27) as "radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes (A) both one-way and two-way radio communication services, (B) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one- way or two-way land mobile radio communications by eligible users over designated areas of operation, and (C) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled Amendment to the Commission's Rules to Establish New Personal Communications Services (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding." 42. Section 332 provides that CMRS providers are to be treated as common carriers, but allows the Commission authority to forbear from applying certain sections of Title II. In the CMRS Second Report and Order, the Commission determined that it would be in the public interest to forbear from imposing most Title II requirements on CMRS providers, including tariffing requirements. Section 332 also preempts state regulation of rates and entry for CMRS, but allows the states to petition the Commission for authority to regulate rates in limited circumstances. 43. Comments. Many commenters concur with the Commission's proposal to treat fixed wireless service as an integral part of CMRS services. RCC and Omnipoint contend that this regulatory scheme is consistent with the framework established by the CMRS Second Report and Order that all auxiliary services provided by mobile licensees be included in the definition of CMRS. 360 Degrees maintains that the policy should apply to all CMRS providers equally, pursuant to the Budget Act, which, according to 360 Degrees, dictates that all CMRS providers should have similar regulatory treatment. AT&T and GO argue that the prospect of complying with a new regulatory scheme would also discourage providers from quickly altering the nature of their services to meet demand. GO further argues that, in order for PCS providers to offer a seamless package of services, both the mobile and fixed aspects of the service must receive identical regulatory treatment. 44. Several parties also address the effect of the passage of the 1996 Act on the possible regulation of fixed wireless services provided by CMRS providers. RCC notes that adoption of the proposals in the Notice is consistent with the directive in the 1996 Act to provide for a pro-competitive, de-regulatory national policy framework for telecommunications. Omnipoint notes that the 1996 Act specifically excludes CMRS providers from the definition of local exchange carriers, indicating that Congress intended not to subject CMRS operators who want to compete in the local loop to the same regulatory treatment as wireline LECs until such time as CMRS operators displace a significant part of local wireline service. Ameritech, on the other hand, argues that the inclusion of language in the definition of local exchange carrier giving the Commission authority to classify CMRS providers as LECs means that, to the extent CMRS providers provide wireless local loop, they should bear all the obligations placed on LECs under the Act. Worldcom agrees that if a CMRS provider is the providing fixed wireless local loop services, it should fall within the definition of local exchange carrier. 45. Cole Raywid argues that the proposal in the Notice to clarify and broaden the permissible use of CMRS providers' licenses to include fixed wireless services in no way affects the statutory prohibition against state and local rate and entry regulation of CMRS providers. The NARUC opposes the expansion of the definition of CMRS to include fixed wireless local loop services. NARUC contends that the Commission's proposal would affect facilities currently subject to State commission jurisdiction both directly and indirectly. NARUC asserts that allowing CMRS providers to offer fixed service would promote a "Federal policy that is not technology neutral and has the impact of deployment of one technology over another." NARUC argues that state regulation of CMRS and wireline services differs significantly; thus, if the Commission's proposals are adopted, the impact will be to favor a particular technology (wireless) for local access. NARUC also argues that the Commission's proposed regulatory scheme contradicts prior decisions excluding fixed wireless services such as BETRS from the definition of mobile services. 46. Discussion. Many CMRS commenters urge the Commission to apply uniform regulatory treatment to all fixed and mobile services offered by carriers on CMRS spectrum. The record suggests, however, that under the flexible service rules we adopt today there may be a variety of different uses of fixed wireless technology by CMRS providers, some of which may raise distinct regulatory issues. For example, some carriers may choose to develop dual-use technology that is capable of being used either in a mobile or a fixed mode. Others may develop fixed wireless local loop architecture to provide service to end users in residences and offices, but combine the fixed wireless service with mobile service options available to the user when the user is outside the home or office. Other carriers may elect to use blocks of spectrum primarily or even solely for fixed interconnected services as a way of entering into direct competition with wireline local exchange carriers. 47. Based on our review of the record in this proceeding, we believe it is premature to attempt a final comprehensive determination regarding the regulatory treatment of these various types of fixed services that may be offered by licensees. While some commenters argue that all of the fixed offerings described above should be treated as sufficiently related to CMRS to justify uniform regulatory treatment, we believe that a uniform approach would be premature at this time. Instead, we believe that the regulatory issues raised by this proceeding require further development of the record and more specific analysis related to the particular fixed service offerings that carriers develop. Therefore, we propose to refine the approach set forth in the Notice by seeking comment on additional guidelines for determining when fixed wireless services may fall within the scope of CMRS regulation. 48. At the outset, we emphasize that our decision to allow carriers to offer co-primary fixed services on spectrum allocated for CMRS does not alter in any way our regulatory treatment of fixed services that have been provided by CMRS providers under our prior rules. In the CMRS Second Report and Order, we stated that ancillary, auxiliary, and incidental services offered by CMRS providers fall within the statutory definition of mobile service, and are subject to CMRS regulation. We reaffirm that determination here. In our order today, however, we have broadened the potential scope of fixed services that may be offered by CMRS providers. We therefore seek further comment on the regulatory treatment of such fixed services that may not be considered ancillary, auxiliary or incidental to mobile service. 49. Several parties argue that because the definition of "mobile service" contains a clause referencing PCS licenses, Congress intended that all service provided through a PCS license would be treated as mobile. According to Omnipoint, inclusion of the PCS clause means that the Act, unlike FCC regulations, does not limit the amount of fixed service a PCS provider may offer, and the offering of fixed service by a PCS licensee does not change its status as a CMRS provider. AT&T and CTIA argue, further, that since one goal of Congress and the Commission is regulatory parity for similarly situated CMRS providers, all services provided through a license for a CMRS service, not just a PCS license, come within the definition of "mobile service." One could also read the definition of "mobile service" to require the use of "mobile stations" and the "and includes" language which precedes the description of the three enumerated services to mean that they are examples. In that case, a service provided with a PCS license would have to include the use of a "mobile station" to come within the definition of "mobile service" and consequently be considered in the definition of "commercial mobile service." "Mobile station" is defined in the Act as "a radio-communication station capable of being moved and which ordinarily does move." We seek comment on these alternative statutory interpretations and their regulatory consequences. Parties should submit support from the legislative history or prior Commission rulings for or against the argument that the language "and includes" in the definition of "mobile service" sets out examples of mobile services, rather than listing additional services which come under the definition. 50. CTIA also argues that the Commission has substantial discretion under the Act to define "mobile services." CTIA states that this authority stems from the language in the PCS clause of the definition of "mobile service" that refers to "any successor proceeding." According to CTIA, that language allows the Commission to establish alternative definitions of "mobile service" in successor proceedings. We seek comment on the breadth and scope of Commission authority under the PCS clause and the "any successor proceeding" language. 51. As noted above, in the CMRS Second Report and Order we found that the definition of "mobile service" includes "all auxiliary services provided by mobile service licensees." We seek comment on what precedential value, if any, we should give to our treatment of auxiliary, ancillary, and incidental services as CMRS for regulatory purposes when determining how to regulate other fixed wireless services provided by CMRS providers. For example, because we consider a fixed service that is ancillary to a mobile service to be CMRS, what implications should that have for how we should treat a wholly fixed service that may use no mobile stations. 52. Some parties have also argued that because these fixed wireless services would be provided by CMRS providers in spectrum that has been allocated for CMRS, the service providers must therefore be regulated as CMRS. We disagree. The regulatory structure for providers of the primary service to which the spectrum is allocated does not necessarily dictate the type of regulation to which every service provider in that same band will be subject regardless of the particular attributes of that service. A pertinent example is BETRS. While BETRS is provided in a spectrum band allocated to Public Land Mobile Service, we have determined that BETRS is a fixed service, rather than a mobile service, and therefore BETRS providers are not subject to CMRS regulation under Section 332. Similarly, private service licensees in the 220 and 800 MHz SMR bands are not subject to CMRS regulation. Likewise, we do not intend to base our decision here merely on the classification of the majority of users of the spectrum in which the fixed service in question is provided. 53. We believe that, ultimately, the regulatory issues on which we seek comment herein may require resolution on a case-by-base basis. We seek comment on this conclusion, including whether we may be able to establish a uniform approach for determining the regulatory status of fixed services offered on CMRS spectrum. To provide a framework for a case-by-case analysis, we propose to establish a rebuttable presumption that any wireless service provided under a CMRS provider's license would be considered to come within the definition of CMRS and consequently regulated as CMRS. Based on the record in this proceeding, we believe this to be a reasonable presumption. Most of the fixed wireless service applications which commenters have discussed in the record would be provided in conjunction with a traditional CMRS services such as cellular or paging. 54. Under our proposed approach, the Commission would allow any interested party to challenge this presumption regarding a particular service offered by a CMRS provider. If a party could demonstrate that the service provider in question does not meet the definition of CMRS for a particular offering, we would not regulate that particular offering as CMRS. We seek comment on this approach and what types of evidence the Commission should evaluate when considering a challenge to a presumption that a fixed wireless service provided by a CMRS provider should be regulated as CMRS. Possible factors may include: the relative mobility of mobile stations used in conjunction with the fixed service; whether the fixed service is part of a larger package which includes mobile services or is offered alone; the size of the service area over which the fixed wireless service is provided; the amount of mobile versus fixed traffic over the wireless system; whether the fixed service is offered over a discrete block of spectrum separate from the spectrum used for mobile services; the degree to which fixed and mobile services are integrated; and whether customers perceive the service to be a fixed service. Part of any analysis of customer perception may also include consideration of how the service is marketed by the CMRS provider to potential customers. 55. We seek comment on the appropriateness of using these factors or other types of evidence that may be presented to rebut this presumption. We also seek comment on the extent to which services provided under separate licenses or by separate entities may be relevant to the regulatory status of a particular fixed service offering provided under a given license. For example, should we consider only the services provided under a particular license or consider the services provided by a common licensee under multiple licenses, e.g., a licensee who provides fixed service under its PCS license and mobile service under a cellular license in the same market. Similarly, in instances where fixed and mobile services are provided by different corporate affiliates, should we look at each affiliate's service separately or at the services provided by the corporation as a whole? Another possible scenario would be where a CMRS provider provides fixed service under its own license and has a joint marketing arrangement or resale agreement with another CMRS provider in that market. How should we consider such arrangements in making our analysis under this presumption? We seek comment on our proposal for regulating fixed wireless service provided by a CMRS provider and we seek alternative suggestions for presumptive regulatory classifications. 56. Some parties have advocated that we regulate any fixed wireless service provided by a CMRS provider as CMRS until such time that the service constitutes a substitute for land line telephone exchange service in a substantial portion of a state. Under this approach a state would have to petition the Commission under Section 332(c)(3), and the Commission would have to grant such a petition, before a CMRS provider's fixed wireless service would be subject to state regulation. We seek comment on this approach. We also seek comment on what federal regulation should be imposed on a CMRS provider's offering of fixed wireless service if we find that it does not come within the purview of CMRS. To the extent that there are interstate common carrier services, such services would be subject to regulation under Title II; if so are there any Title II regulations from which such services should be exempt? 57. We recognize that we are addressing a related issue in the context of our proceeding on implementation of Section 251 of the Communications Act, as amended by the 1996 Act - - i.e., in what circumstances, if any, a CMRS provider should be regulated as a "local exchange carrier" under the Act. Herein we are concerned with whether service providers should be regulated as CMRS if they provide fixed services. While we will review and consider the comments submitted in the Section 251 proceeding, we do not believe that resolution of the issue presented in the Section 251 proceeding resolves the issues presented here. For example, even if we were to find that a CMRS provider could be considered a local exchange carrier in terms of the requirements in Section 251, we tentatively conclude that it could still be considered engaged in the provision of CMRS under Section 332 and therefore exempt from states' regulation of intrastate rates. We seek comment on this tentative conclusion and whether the other obligations imposed on LECs have a direct relationship to the rates charged by CMRS providers, and thus may impact on the rate regulation scheme set out in Section 332. V. CONCLUSION 58. We believe that the rules and proposals set forth for the provision of fixed services by CMRS providers in this First Report and Order and Further Notice of Proposed Rule Making will promote the public interest goals set forth by Congress. We conclude that the increased flexibility we are facilitating here will increase quality service and the availability of new technologies to consumers. VI. PROCEDURAL MATTERS A. Regulatory Flexibility Act 59. Appendix D contains a Final Regulatory Flexibility Analysis with respect to the First Report and Order and an Initial Regulatory Flexibility Analysis with respect to the Further Notice of Proposed Rule Making. 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. Written public comments are requested on the IRFA. We also seek comment on the number of CMRS entities affected by the proposed rules are small businesses, and request that commenters identify whether they themselves are small businesses. These comments must be filed in accordance with the same filing deadlines as comments on the rest of the Further Notice of Proposed Rule Making, but they must have a separate and distinct heading designating them as responses to the Initial Regulatory Flexibility Analysis. The Secretary shall send a copy of this First Report and Order and Further Notice of Proposed Rule Making, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration in accordance with paragraph 603(a) of the Regulatory Flexibility Act. Pub. L. No. 96-354, 94 Stat. 1164, 5 U.S.C.  601 et. seq. (1981). B. Ex Parte Rules -- Non-Restricted Proceeding 60. This is a non-restricted notice and comment rule making proceeding. Ex parte presentations are permitted except during the Sunshine Agenda period, provided they are disclosed as provided in the Commission's rules. See generally 47 C.F.R.  1.1202, 1.1203, and 1.1206(a). C. Initial Paperwork Reduction Act of 1995 Analysis 61. This First Report and Order and Further Notice of Proposed Rule Making do not contain either a proposed or modified information collection. D. Comment Dates 62. Pursuant to applicable procedures set forth in Sections 1.415 and 1.419 of the Commission's rules, 47 C.F.R.  1.415 and 1.419, interested parties may file comments on or before [90 days after Federal Register publication], and reply comments on or before [120 days after Federal Register publication]. To file formally in this proceeding, you must file an original and four copies of all comments, reply 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 comments and reply comments to the Office of the Secretary, Federal Communications Commission, Washington, D.C. 20554. Comments and reply comments will be available for public inspection during regular business hours in the FCC Reference Center of the Federal Communications Commission, Room 239, 1919 M Street, N.W., Washington, D.C. 20554. 63. As required by Section 603 of the Regulatory Flexibility Act, the Commission has prepared an Initial Regulatory Flexibility Analysis of the expected impact on small entities of the proposals suggested in the Further Notice of Proposed Rule Making. Written public comments are requested on the IRFA. These comments must be filed in accordance with the same filing deadlines as comments on the remainder of the Further 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 Further Notice of Proposed Rule Making, including the IRFA, the Chief Counsel for Advocacy of the Small Business Administration in accordance with paragraph 603(a) of the Regulatory Flexibility Act. Pub. L. No. 96-354, 94 Stat. 1164, 5 U.S.C.  601 et. seq. (1981). E. Ordering Clauses 64. Accordingly, IT IS ORDERED that pursuant to Sections 4(i), 4(j), 7(a), 303(b), 303(f), 303(g), 303(r), 332(a), 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), 332(a), and 332(c) the rules and policies set forth in the First Report and Order and Further Notice of Proposed Rule Making are adopted, and Parts 2, 22, 24, and 90 of the Commission's Rules ARE AMENDED as specified in Appendix C. 65. The rule changes made herein WILL BECOME EFFECTIVE 60 days after publication in the Federal Register. F. Contacts for Information 66. For further information concerning this proceeding, contact David Krech at (202) 418-0620 (Commercial Wireless Division, Wireless Telecommunications Bureau). FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary APPENDIX A COMMENTS 1. 360 Communications Company (360 Degrees) 2. Ad Hoc Rural Cellular Coalition (RCC) 3. AirTouch Communications, Inc. & US West New Vector Group, Inc. (AirTouch/New Vector) 4. Alaska Telephone Association (ATA) 5. Alliance of LEC-Affiliated Wireless Services Providers (Alliance) 6. American Mobile Telecommunications Association, Inc. (AMTA) 7. American Petroleum Institute (API) 8. Ameritech, Inc. (Ameritech) 9. AMSC Subsidiary Corporation (AMSC) 10. AT&T Corporation (AT&T) 11. Bell Atlantic (Bell Atlantic) 12. Bell Atlantic NYNEX Mobile, Inc. (BANM) 13. Bell South Corporation (BellSouth) 14. Cellular Telecommunications Industry Association (CTIA) 15. Celpage, Inc. (Celpage) 16. Century Cellunet, Inc. (Century) 17. Cole, Raywid & Braverman (Cole, Raywid) 18. COMAV and The Telemarc Group (COMAV/Telemarc) 19. Comcast Corporation (Comcast) 20. The Commercial Internet Exchange Association (CIX) 21. Fred Daniel d/b/a Orion Telecom (Orion) 22. DSC Communications Corporation (DSC) 23. Frontier Corporation (Frontier) 24. GO Communications (GO) 25. GTE Service Corporation (GTE) 26. InterDigital Communications Corporation (InterDigital) 27. Motorola, Inc. (Motorola) 28. National Association of Regulatory Utility Commissioners (NARUC) 29. National Telephone Cooperative Association (NTCA) 30. The New York State Department of Public Service (NYDPS) 31. Nextel Communications, Inc. (Nextel) 32. Northern Telecom, Inc. (Nortel) 33. The NYNEX Companies (NYNEX) 34. Omnipoint Corporation (Omnipoint) 35. Organization for the Protection & Advancement of Small Telephone Companies (OPASTCO) 36. Pacific Communication Sciences, Inc. (PCSI) 37. Pacific Telesis Group (PacTel) 38. PACS Providers Forum (PPF) 39. The Personal Communications Industry Association (PCIA) 40. PCS One, Inc. (PCS One) 41. The Rural Cellular Association (RCA) 42. SBC Communications, Inc. (SBC) 43. SMR Systems, Inc. & Digital Radio, L.P. (SMR Systems /Digital) 44. Sprint Corporation ("Sprint Corp.") 45. Sprint Spectrum (Sprint Spectrum) 46. SR Telecom, Inc. (SR Telecom) 47. Telular Corporation (Telular) 48. US West Communications (US West) 49. UTC Communications (UTC) 50. Western Wireless Corporation (Western Wireless) 51. WinStar Communications, Inc. (WinStar) 52. Worldcom, Inc. d/b/a LDDS (Worldcom) APPEN DIX B REPLY COMMENTS 1. AirTouch Communications, Inc. (AirTouch) 2. America's Carriers Telecommunication Association (ACTA) 3. American Petroleum Institute (API) 4. AMSC Subsidiary Corporation (AMSC) 5. AT&T Corporation (AT&T) 6. BellSouth Corporation (BellSouth) 7. Cellular Telecommunications Industry Association (CTIA) 8. Comcast Corporation (Comcast) 9. Cox Enterprises, Inc. (Cox) 10. Frontier Corporation (Frontier) 11. General Communication, Inc. (GCI) 12. National Association of Regulatory Utility Commissioners (NARUC) 13. Nextel Communications, Inc. (Nextel) 14. Northern Telecom, Inc. (Nortel) 15. Omnipoint Corporation (Omnipoint) 16. Personal Communications Industry Association (PCIA) 17. PCS PrimeCo, L.P. (PrimeCo) 18. SBC Communications, Inc. (SBC) 19. The Southern Company (Southern) 20. SR Telecom, Inc. (SR Telecom) 21. Telecommunications Industry Association (TIA) 22. US West, Inc. (US West) APPE NDIX C - FINAL RULES Part 2 of title 47 of the Code of Federal Regulations is amended as follows: PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 1. The authority citation for Part 2 continues to read as follows: AUTHORITY: Sec. 4, 302, 303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154, 302, 303 and 307, unless otherwise noted. 2. Section 2.106, the Table of Frequency Allocations, is amended as follows: a. Remove the existing entries for 26175-28000 kHz, 29.7-37.5 MHz, 38.25-47 MHz, 150.05-174 MHz, 220-222 MHz, 450-960 MHz and 1710-2110 MHz in columns (1) through (7). b. Add entries in numerical order for 26175-28000 kHz, 29.7-37.5 MHz, 38.25-47 MHz, 150.05-174 MHz, 220-222 MHz, 450-960 MHz and 1710-2110 MHz in columns (1) through (7). c. Revise International footnotes 672, 675, 676, 678, 697 and 703. d. Remove International footnotes 551, 612, 614, 682 and 708. e. Remove United States footnotes US330 and US331.  2.106 Table of Frequency Allocations * * * * * INTERNATIONAL FOOTNOTES * * * * * 672 Different category of service: in Afghanistan, Bulgaria, China, Cuba, Japan, Mongolia, Czechoslovakia and the U.S.S.R., the allocation of the band 460-470 MHz to the meteorological-satellite service (space-to-Earth) is on a primary basis (see No. 425) and is subject to agreement obtained under the procedure set forth in Article 14. * * * * * 675 Additional allocation: in Chile, Columbia, Cuba, Ecuador, the United States, Guyana, Honduras, Jamaica, Mexico and Panama, the allocation of the bands 470-512 MHz and 614-806 MHz to the fixed and mobile services is on a primary basis (see No. 425), subject to agreement obtained under the procedure set forth in Article 14. 676 Additional allocation: in Burundi, Cameroon, the Congo, Ethiopia, Israel, Kenya, Lebanon, Libya, Malawi, Senegal, Sudan, Syria, and Yemen, the band 470-582 MHz is also allocated to the fixed service on a secondary basis. * * * * * 678 Additional allocation: in Costa Rica, Cuba, El Salvador, Ecuador, the United States, Guatemala, Guyana, Honduras, Jamaica, Mexico and Venezuela, the band 512-608 MHz is also allocated to the fixed and mobile services on a primary basis, subject to agreement obtained under the procedures set forth in Article 14. * * * * * 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. * * * * * Subpart H, of Part 22 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: 3. The authority citation for Part 22 continues to read as follows: AUTHORITY: 47 U.S.C. 154, 303, unless otherwise noted. 4. Section 22.901 is revised to read as follows:  22.901 Cellular service requirements and limitations. Cellular system licensees must provide cellular mobile radiotelephone service upon request to all cellular subscribers in good standing, including roamers, while such subscribers are located within any portion of the authorized cellular geographic service area (see  22.911) where facilities have been constructed and mobile service to subscribers has commenced. A cellular system licensee may refuse or terminate service, however, subject to any applicable state or local requirements for timely notification to any subscriber who operates a cellular telephone in an airborne aircraft in violation of  22.925 or otherwise fails to cooperate with the licensee in exercising operational control over mobile stations pursuant to  22.927. * * * (d) Alternative technologies and co-primary services. Licensees of cellular systems may use alternative cellular technologies and/or provide fixed services on a co-primary basis with their mobile offerings , including personal communications services (as defined in Part 24 of this chapter) on the spectrum within their assigned channel block. Cellular carriers that provide mobile services must make such service available to subscribers whose mobile equipment conforms to the cellular system compatibility specification (see  22.933). (1) Licensees must perform or obtain an engineering analysis to ensure that interference to the service of other cellular systems will not result from the implementation of co-primary fixed services or alternative cellular technologies. (2) Alternative technology and co-primary fixed services are exempt from the channeling requirements of  22.905, the modulation requirements of  22.915, the wave polarization requirements of  22.367, the compatibility specification in  22.933 and the emission limitations of  22.357 and 22.917, except for emission limitations that apply to emissions outside the assigned channel block. * * * * * Subpart A, of Part 24 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: 5. The authority citation for Part 24 continues to read as follows: AUTHORITY: Secs. 4, 301, 302, 303, 309, and 332, 48 Stat. 1066, 1082, as amended; 47 U.S.C.  154, 301, 302, 303, 309 and 332, unless otherwise noted. 6. Section 24.3 is revised to read as follows:  24.3 Permissible communications. PCS licensees may provide any mobile communications service on their assigned spectrum. Fixed services may be provided on a co-primary basis with mobile operations. Broadcasting as defined in the Communications Act is prohibited. Subpart N, of Part 90 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: 7. The authority citation for Part 90 continues to read as follows: AUTHORITY: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, and 332, unless otherwise noted. 8. Section 90.419 is revised to read as follows:  90.419 Points of communication. Normally, operations licensed under this part are intended to provide intrastation mobile communications. For example, a base station is intended to communicate with its associated mobile stations and mobile stations are intended to communicate between associated mobile stations and associated base stations of the licensee. Accordingly, operations between base stations at fixed locations are permitted only in the following situations: (a) Base stations licensed under the Public Safety and Special Emergency Radio Services that operate on frequencies below 450 MHz, may communicate on a secondary basis with other base stations, operational fixed stations, or fixed receivers authorized in these services. (b) Base stations licensed on any frequency in the Industrial and Land Transportation Radio Services and on base station frequencies above 450 MHz in the Public Safety and Special Emergency Services may communicate on a secondary basis with other base stations, operational fixed stations, or fixed receivers authorized in these services only when: (1) The messages to be transmitted are of immediate importance to mobile stations; or (2) Wireline communications facilities between such points are inoperative, economically impracticable, or unavailable from communications common carrier sources. Temporary unavailability due to a busy wireline circuit is not considered to be within the provisions of this subparagraph. (c) Operational fixed stations may communicate with units of associated mobile stations only on a secondary basis. (d) Operational fixed stations licensed in the Industrial and Land Transportation Radio Services may communicate on a secondary basis with associated base stations licensed in these services when: (1) The messages to be transmitted are of immediate importance to mobile stations; or (2) Wireline communications facilities between such points are inoperative, economically impracticable, or unavailable from communications common carrier sources. Temporary unavailability due to a busy wireline circuit is not considered to be within the provisions of this subparagraph. (e) Travelers' Information Stations are authorized to transmit certain information to members of the traveling public (see  90.242). (f) CMRS Licensees in the SMR categories of Subpart S, CMRS providers authorized in the 220 MHz service of Subpart T, CMRS paging operations as defined by Subpart P and for-profit interconnected business radio services with eligibility defined by Section 90.75 are permitted to utilize their assigned spectrum for fixed services on a co-primary basis with their mobile operations. APPENDIX D - REGULATORY FLEXIBILITY ANALYSIS I. Final Regulatory Flexibility Analysis (for First Report and Order) As required by Section 603 of the Regulatory Flexibility Act, 5 U.S.C.  603 (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice of Proposed Rule Making in WT Docket No. 96-6. The Commission sought written comments on the proposals in the Notice, including the IRFA. The Commission's Final Regulatory Flexibility Analysis for the First Report and Order conforms to the RFA, as amended by the Contract With America Advancement Act of 1996. A. Need for and purpose of the action The First Report and Order has implemented Sections 332 and 3(n), respectively, of the Communications Act of 1934, as amended. The rules adopted herein will carry out Congress's intent to establish a consistent regulatory framework for all commercial mobile radio services (CMRS). In addition, the rules adopted herein will assist in the development of competition among wireless and wireline services for the benefit of the consumer. B. Issues Raised in response to the IRFA No comments were submitted in response to the IRFA. In general comments on the Notice of Proposed Rule Making, however, some commenters raised issues that might affect small business entities. One commenter, PCS One, a small business entity, argued that the proposed flexibility to offer fixed services should not be extended to cellular at this time in order to give Personal Communications Services (PCS) licensees, many of whom are small business entities, an opportunity to enter the marketplace and establish themselves against incumbent cellular providers. Some other parties agreed that if the Commission should make a distinction between broadband CMRS providers, it should allow PCS providers the greatest flexibility. The Commission choose to provide all CMRS providers with the increased flexibility. Granting all CMRS providers increased flexibility to provide fixed wireless services is consistent with principles of regulatory parity, will allow all CMRS providers to determine the services that they will provide to the public, and will increase competition between the CMRS services. C. Description, and Number of Small Entities Involved This rule making proceeding applies to providers of cellular, narrowband and broadband personal communications services (PCS), CMRS specialized mobile radio services (SMR), CMRS paging, commercial 220 MHz services, and for-profit interconnected business radio services. Since this rule making proceeding applies to multiple services, we will analyze the effects of these rules on a service-by-service basis. Estimates for Cellular Licensees Since the Commission did not define a small business with respect to cellular services, we will utilize the Small Business Administration's (SBA) definition applicable to radiotelephone companies -- i.e. an entity employing less than 1,500 persons. The size data provided by the SBA does not enable us to make a meaningful estimate of the number of cellular providers which are small entities because it combines all radiotelephone companies with 500 or more employees. We therefore used the 1992 Census of Transportation, Communications, and Utilities, conducted by the Bureau of the Census, which is the most recent information available. Data from the Bureau of the Census' 1992 study indicates that only 12 out of a total of 1,178 radiotelephone firms which operated during 1992 had 1,000 or more employees. However, we do not know how many of the 1,178 firms were cellular telephone companies. Given this fact, we assume, for purposes of our evaluations and conclusions in this Final Regulatory Flexibility Analysis, that all of the current cellular licensees are small entities, as that term is defined by the SBA. Although there are 1,758 cellular licenses, we are unable to determine the number of cellular licensees because a single cellular licensee may own several licenses. Estimates for PCS Services The Commission, with respect to narrowband and broadband PCS, defines small businesses to mean firms who have gross revenues of not more than $40 million in each of the preceding three calendar years. This definition of "small entity" in the context of the PCS services has been approved by the SBA. The Commission has auctioned broadband PCS licenses in Blocks A, B, and C. The Commission does not have sufficient information to determine whether any small businesses within the SBA-approved definition bid successfully for licenses A or B Block auctions. As of now, there are 90 non-defaulting winning bidders that qualify as small entities in the C Block PCS auctions. Based on this information, we conclude that the number of broadband PCS licensees affected by the rule adopted in this proceeding includes the 89 winning bidders that qualified as small entities in the Block C broadband PCS auction. At present, there have been no auctions held for the D, E, and F Blocks of broadband PCS spectrum. The Commission anticipates a total of 1,479 licenses will be awarded in the D, E, and F Block PCS auctions, which are scheduled to begin on August 26, 1996. Participation in the F block is limited to entrepreneurs with under $125 million in average gross revenues over the past three years. However, there is no basis upon which to estimate the number of licenses that will be awarded to small entities. Given the facts that nearly all radiotelephone companies have fewer than 1,000 employees and that no reliable estimate of the number of prospective D, E, and F Block licensees can be made, we assume, for purposes of our evaluations and conclusion in this Final Regulatory Flexibility Analysis, that all of the licenses will be awarded to small entities, as that term is defined by the SBA. The Commission has auctioned nationwide and regional licenses for narrowband PCS. There are 11 nationwide and 30 regional licensees for narrowband PCS. The Commission does not have sufficient information to determine whether any of these licensees are small businesses within the SBA-approved definition. Based on this information, we conclude that the number of narrowband PCS licensees affected by the rule adopted in this proceeding includes all of the 41 licensees. At present, there have been no auctions held for the major trading area (MTA) and basic trading area (BTA) narrowband PCS licenses. The Commission anticipates a total of 561 MTA licenses and 2,958 BTA liceneses will be awarded in the auctions. Those auction have not yet been scheduled, however. Given the facts that nearly all radiotelephone companies have fewer than 1,000 employees and that no reliable estimate of the number of prospective MTA and BTA narrowband licensees can be made, we assume, for purposes of our evaluations and conclusion in this Final Regulatory Flexibility Analysis, that all of the licenses will be awarded to small entities, as that term is defined by the SBA. Estimates for SMR Services The Commission, with respect to 800 MHz and 900 MHz SMR services, has adopted a two-tiered approach to the definition of small business: (a) "very small businesses" are firms who have gross revenues of not more than $3 million in each of the preceding three calendar years; and (b) "small businesses" are firms who have annual gross revenues of not more than $15 million in the each of the preceding three years. This definition of "small entity" in the context of 800 MHz and 900 MHz SMR has been approved by the SBA. The Commission recently held auction for the 900 MHz SMR services. There were 60 winning bidders who qualified as small entities. Based on this information, we conclude that the number of 900 MHz SMR licensees affected by the proceeding includes these 60 small entities. No auctions have been held for the 800 MHz SMR services. While the Commission anticipates a total of 525 licenses awarded for the upper 200 channels in the 800 MHz auctions, it has not yet determined how many licenses will be awarded for the lower 230 channels in the 800 MHz SMR auction. Despite the current incumbents in the 800 MHz SMR service, due to the impending auction, we are unable to determine the ultimate number of small businesses who will receive licenses. Given the facts that nearly all radiotelephone companies have fewer than 1,000 employees and that no reliable estimate of the number of prospective 800 MHz licensees can be made, we assume, for purposes of our evaluations and conclusions in this Final Regulatory Flexibility Analysis, that all of the licenses will be awarded to small entities, as that term is defined by the SBA. Commercial Paging and Commercial 220 MHz Radio Services Since the Commission has not yet defined a small business with respect to paging services, we will utilize the SBA's definition applicable to radiotelephone companies -- i.e. an entity employing less than 1,500 persons. With respect to commercial 220 MHz services, the Commission has proposed a two-tiered definition of small business for purposes of auctions: (1) for EA licensees, a firm with average annual gross revenues of not more than $6 million for the preceding three years and (2) for regional and nationwide licensees, a firm with average annual gross revenues of not more than $15 million for the preceding 3 years. Since this definition has not yet been approved by the SBA, we will utilize the SBA's definition applicable to radiotelephone companies. We note that while there are incumbents in this service, they are not commercial providers and will not be affected by this proceeding. Since there have been no auctions for either service as of yet and the parameters of the industry have not been fully defined, any estimate of the number of small businesses who will seek to bid in the future auctions is not yet determined. Given the fact that nearly all radiotelephone companies have fewer than 1,000 employees, and that no reliable estimate of the number of prospective licensees can be made, we assume, for purposes of our evaluations and conclusion in this Final Regulatory Flexibility Analysis, that all of the licenses will be awarded to small entities, as that term is defined by the SBA. Interconnected Business Services Since the Commission did not define a small business with respect to for-profit interconnected business services, we will utilize the SBA's definition applicable to radiotelephone companies -- i.e. an entity employing less than 1,500 persons. The size data provided by the SBA does not enable us to make a meaningful estimate of the number of for-profit interconnected business service providers which are small entities because it combines all radiotelephone companies with 500 or more employees. We therefore used the 1992 Census of Transportation, Communications, and Utilities, conducted by the Bureau of the Census, which is the most recent information available. Data from the Bureau of the Census' 1992 study indicates that only 12 out of a total of 1,178 radiotelephone firms which operated during 1992 had 1,000 or more employees. However, we do not know how many of the 1,178 firms were for-profit interconnected business service companies. Given this fact, we assume, for purposes of our evaluations and conclusions in this Final Regulatory Flexibility Analysis, that all of the current inter-connected business service licensees are small entities, as that term is defined by the SBA. Although there are in excess of 13,000 for-profit interconnected business service licenses, we are unable to determine the number of for-profit interconnected business service licensees because a single licensee may own several licenses. D. Reporting, Recordkeeping, and Other Compliance Requirements: The rules adopted in the First Report and Order do not impose any additional reporting, recordkeeping, or other compliance requirements. E. Steps taken to minimize burdens on Small Entities In the First Report and Order the Commission amends its rules to allow providers of narrowband and broadband PCS, cellular, CMRS SMR, CMRS paging, CMRS 220 MHZ service, and interconnected business radio services to offer fixed wireless services on their assigned spectrum on a co-primary basis with mobile service. These rule changes will allow CMRS providers greater flexibility to provide new and innovative services to meet consumer demands. Allowing service providers to offer all types of fixed, mobile, and hybrid services in response to market demand will allow for more flexible responses to consumer demand, a greater diversity of services and combinations of services, and increased competition both between CMRS providers and wireline providers, as well as between CMRS providers. This is consistent with the goals of the Telecommunications Act of 1996 (1996 Act), which amended the Communications Act of 1934, which seeks to increase competition between the various providers of telecommunications services, including competitive alternatives to traditional local exchange service. All consumers will also benefit from technological advances in fixed services and fixed/mobile combinations that potentially could be stifled by restrictive service definitions. F. Significant alternatives considered and rejected In the Notice we sought comment on alternative approaches to allowing PCS and other CMRS providers more flexibility to offer fixed services, including: (1) adopting a rule that would expressly allow CMRS providers to offer "fixed wireless local loop," (2) permitting CMRS providers to offer wireless local loop and other defined fixed services, or (3) allowing CMRS providers to offer any form of fixed service without restriction. An overwhelming majority of the commenters support amending our rules to allow all CMRS providers to offer all types of fixed wireless services without restriction. One commenter, GO Communications, a small business entity, argued that CMRS providers should be required to offer at least some mobile service over their frequencies. Based on the record in this proceeding, the Commission believes that the public interest is better served by not attempting to limit potential use of CMRS spectrum to specific applications. Imposing such a limitation could lead to difficult definitional questions about what constitutes "wireless local loop" or other defined services. Further, if we were to restrict fixed service to certain configurations, carriers might be reluctant to pursue some potentially efficient options out of concern that they would be considered to fall outside the definition of our prescribed service definition. Rather than limit the flexibility of carriers in this manner, we prefer to encourage innovation and experimentation through a broader, more flexible standard. This will benefit small business by allowing them greater flexibility in determining which services they will provide to the public. In the Notice, the Commission also proposed to apply whatever increased flexibility we granted to broadband CMRS services -- broadband PCS, cellular, and SMR -- and sought comment on whether narrowband CMRS services -- narrowband PCS, paging, commercial 220 MHz services, and interconnected business radio services -- should also have such increased flexibility. Commenters also generally support extending flexibility to all CMRS bands, including both broadband and narrowband services. PCS One, a small business entity, opposes the Commission's proposal to allow cellular licensees to provide fixed wireless services, arguing that the Commission must permit PCS, for at least a reasonable interval, greater flexibility than cellular in the use of its spectrum. We find that we should extend the flexibility to offer fixed services to the all the broadband services, including cellular, as well as the narrowband services set out in the Notice. We conclude that subjecting narrowband licensees to more stringent regulatory constraints than broadband CMRS providers would be inconsistent with principles of regulatory parity and serves no public interest goal. We conclude that narrowband licensees should be entitled to the regulatory flexibility so that they may take advantage of technological advances that may occur without being required to seek additional changes to the rules. This result is also in keeping with the goals of the 1996 Act to make available the most competitive environment possible for telecommunications services. It will also benefit all small business, including all PCS licensees, by providing them greater flexibility to determine which service they will provide to the public. G. Report to Congress The Commission shall send a copy of this Final Regulatory Flexibility Analysis with this First Report and Order in a report to Congress pursuant to Section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.  801(a)(1)(A). A copy of this Regulatory Flexibility Analysis will also be published in the Federal Register. II. Initial Regulatory Flexibility Analysis (for Further Notice of Proposed Rule Making) As required by Section 603 of the Regulatory Flexibility Act, the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the expected impact on small entities of the policies and rules proposed in this Further Notice of Proposed Rule Making. Written public comments are requested on the IRFA. A. Reason for Action: This rule making proceeding was initiated to secure comment on proposals for allowing CMRS providers greater flexibility in the provision of fixed wireless services. The proposals advanced in the Further Notice of Proposed Rule Making are designed to determine the appropriate regulatory scheme for CMRS providers who wish to offer fixed wireless services. The Commission seeks comment on the appropriate role of the federal government and the states in the regulation of CMRS providers who offer hybrid mobile and fixed services on a co-primary basis. B. Objectives The Commission proposes to establish a rebuttable presumption that any wireless service provided under a CMRS provider's license would be considered to come within the definition of CMRS and consequently regulated as CMRS. Under this approach, the Commission would allow any interested party to challenge this presumption regarding a particular service offered by a CMRS provider. If a party could demonstrate that the service provider in question does not meet the definition of CMRS for a particular offering, we would not regulate that particular offering as CMRS. We seek comment on this approach and what types of evidence the Commission should evaluate when considering a challenge to a presumption that a fixed wireless service provided by a CMRS provider should be regulated as CMRS. We also seek comment on the extent to which services provided under separate licenses or by separate entities may be relevant to the regulatory status of a particular fixed service offering provided under a given license. Some parties have advocated that we regulate any fixed wireless service provided by a CMRS provider as CMRS until such time that the service constitutes a substitute for land line telephone exchange service in a substantial portion of a state. We seek comment on this approach. We also seek comment on what federal regulation should be imposed on a CMRS provider's offering of fixed wireless service if we find that it does not come within the purview of CMRS. C. Reporting, Recordkeeping, and Other Compliance Requirements The proposals under consideration in the Further Notice of Proposed Rule Making do not require recordkeeping, or other compliance requirements for small business entities. D. Federal Rules Which Overlap, Duplicate or Conflict With These Rules None. E. Description, and Number of Small Entities Involved Pursuant to the Contract with America Advancement Act of 1996, the Commission is required to estimate in its Final Regulatory Flexibility Analysis the number of small entities to which a rule will apply, provide a description of such entities, and assess the impact of the rule on such entities. To assist the Commission in this analysis, commenters are requested to provide information regarding how many total CMRS entities would be affected by the proposed rules in the Further Notice of Proposed Rule Making. In particular, we seek estimates of how many CMRS entities are small businesses. As explained in the Final Regulatory Flexibility Analysis for the First Report and Order, there are different definitions of "small business" for the various services affected by this proceeding. Since the Commission did not define a small business with respect to cellular services, paging, and interconnected business radio service, we will utilize the Small Business Administration's (SBA) definition applicable to radiotelephone companies -- i.e. an entity employing less than 1,500 persons. We seek comment on whether this definition should be refined to take into account the different classes of cellular, paging and for-profit interconnected business radio services. With respect to narrowband and broadband PCS, the Commission defines small business to mean firms who have gross revenues of not more than $40 million in each of the preceding three calendar years. With respect to 800 MHz and 900 MHz SMR services, the Commission has a two-tiered definition of small business: (a) "very small businesses" are firms who have gross revenues of not more than $3 million in each of the preceding three calendar years; and (b) "small businesses" are firms who have annual gross revenues of not more than $15 million in the each of the preceding three years. With respect to commercial 220 MHz services, the Commission has proposed a two-tiered analysis: (1) for EA licensees, a firm with average annual gross revenues of not more than $6 million for the preceding three years and (2) for regional and nationwide licensees, a firm with average annual gross revenues of not more than $15 million for the preceding 3 years. We seek comment on our use of these definitions in this context. Additionally, we request commenters to identify whether they are a "small business" under this definition. For commenters that are a subsidiary of another entity, we seek this information for both the subsidiary and the parent corporation or entity. F. Significant Alternatives Minimizing the Impact on Small Entities Consistent with the Stated Objectives In the Further Notice of Proposed Rule Making the Commission proposes to establish a rebuttable presumption that any wireless service provided under a CMRS provider's license would be considered to come within the definition of CMRS and be regulated as CMRS. The Commission seeks comment on this approach and what types of evidence the Commission should evaluate when considering a challenge to such a presumption. Other alternatives suggested in the comment to the Notice of Proposed Rule Making include regulating any fixed wireless service provided by a CMRS provider as CMRS until such time that the service constitutes a substitute for land line telephone exchange service in a substantial portion of a state. We seek comment on that approach and any additional significant alternatives presented in the comments also will be considered. If the fixed wireless service provided by a CMRS provider, including small business entities, is not regulated as CMRS, that service may be subject to state regulation of entry and rates. We also seek comment on what Federal regulation should be imposed on a CMRS provider's offering of fixed wireless service if that service does not come within the purview of CMRS. We also seek comment on what impact each alternative may have on small business entities. G. Legal Basis The proposed action is authorized under Sections 4(i), 4(j), 7(a), 303(b), 303(f), 303(g), 303(r), 332(a), 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), 332(a), and 332(c). H. IRFA Comments We request written public comment on the foregoing Initial Regulatory Flexibility Analysis. Comments must have a separate and distinct heading designating them as responses to the IRFA and must be filed by the deadlines provided in paragraphs 60 and 61 of the First Report and Order and Further Notice of Proposed Rule Making. International table United States table FCC use designators Region 1 -- allocation kHz Region 2 -- allocation kHz Region 3 -- allocation kHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation kHz (4) Allocation kHz (5) (6) (7) * * * * * * * 26175 26480 FIXED MOBILE except aeronautical mobile 26175 26480 FIXED MOBILE except aeronautical mobile 26175 26480 FIXED MOBILE except aeronautical mobile 26175 26480 26175 26480 LAND MOBILE AUXILIARY BROAD- CASTING (74) 26480 26950 FIXED MOBILE except aeronautical mobile 26480 26950 FIXED MOBILE except aeronautical mobile 26480 26950 FIXED MOBILE except aeronautical mobile 26480 26950 FIXED MOBILE except aeronautical mobile US10 26480 26950 US10 26950 26960 FIXED MOBILE except aeronautical mobile 546 26950 26960 FIXED MOBILE except aeronautical mobile 546 26950 26960 FIXED MOBILE except aeronautical mobile 546 26950 26960 546 26950 26960 FIXED 546 INTERNATIONAL FIXED PUBLIC (23) 26960 27230 FIXED MOBILE except aeronautical mobile 546 26960 27230 FIXED MOBILE except aeronautical mobile 546 26960 27230 FIXED MOBILE except aeronautical mobile 546 26960 27230 546 26960 27230 MOBILE except aeronautical mobile 546 PERSONAL (95) 27120 + 160 kHz: Industrial, scientific, and medical frequency 27230 27410 FIXED MOBILE except aeronautical mobile 546 27230 27410 FIXED MOBILE except aeronautical mobile 546 27230 27410 FIXED MOBILE except aeronautical mobile 546 27230 27410 546 27230 27410 FIXED MOBILE except aeronautical mobile 546 PERSONAL (95) PRIVATE LAND MOBILE (90) 27410 27500 FIXED MOBILE except aeronautical mobile 27410 27500 FIXED MOBILE except aeronautical mobile 27410 27500 FIXED MOBILE except aeronautical mobile 27410 27500 27410 27500 FIXED LAND MOBILE PRIVATE LAND MOBILE (90) International table United States table FCC use designators Region 1 -- allocation kHz Region 2 -- allocation kHz Region 3 -- allocation kHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation kHz (4) Allocation kHz (5) (6) (7) 27500 27540 METEOROLOGICAL AIDS FIXED MOBILE 27500 27540 METEOROLOGICAL AIDS FIXED MOBILE 27500 27540 METEOROLOGICAL AIDS FIXED MOBILE 27500 27540 27500 27540 FIXED LAND MOBILE PRIVATE LAND MOBILE (90) 27540 28000 METEOROLOGICAL AIDS FIXED MOBILE 27540 28000 METEOROLOGICAL AIDS FIXED MOBILE 27540 28000 METEOROLOGICAL AIDS FIXED MOBILE 27540 28000 FIXED MOBILE 27540 28000 International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) * * * * * * * 29.7 29.8 FIXED MOBILE 29.7 29.8 FIXED MOBILE 29.7 29.8 FIXED MOBILE 29.7 29.8 29.7 29.8 LAND MOBILE PRIVATE LAND MOBILE (90) 29.8 29.89 FIXED MOBILE 29.8 29.89 FIXED MOBILE 29.8 29.89 FIXED MOBILE 29.8 29.89 29.8 29.89 FIXED AVIATION (87) INTERNATIONAL FIXED PUBLIC (23) 29.89 29.91 FIXED MOBILE 29.89 29.91 FIXED MOBILE 29.89 29.91 FIXED MOBILE 29.89 29.91 FIXED MOBILE 29.89 29.91 International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 29.91 30 FIXED MOBILE 29.91 30 FIXED MOBILE 29.91 30 FIXED MOBILE 29.91 30 29.91 30 FIXED AVIATION (87) INTERNATIONAL FIXED PUBLIC (23) 30 30.005 FIXED MOBILE 30 30.005 FIXED MOBILE 30 30.005 FIXED MOBILE 30 30.005 FIXED MOBILE 30 30.005 30.005 30.01 SPACE OPERA- TIONS (satellite identification) FIXED MOBILE SPACE RESEARCH 30.005 30.01 SPACE OPERA- TIONS (satellite identification) FIXED MOBILE SPACE RESEARCH 30.005 30.01 SPACE OPERA- TIONS (satellite identification) FIXED MOBILE SPACE RESEARCH 30.005 30.01 FIXED MOBILE 30.005 30.01 30.01 30.56 FIXED MOBILE 30.01 30.56 FIXED MOBILE 30.01 30.56 FIXED MOBILE 30.01 30.56 FIXED MOBILE 30.01 30.56 30.56 32 FIXED MOBILE 30.56 32 FIXED MOBILE 30.56 32 FIXED MOBILE 30.56 32 30.56 32 FIXED LAND MOBILE NG124 PRIVATE LAND MOBILE (90) 32 33 FIXED MOBILE 32 33 FIXED MOBILE 32 33 FIXED MOBILE 32 33 FIXED MOBILE 32 33 33 34 FIXED MOBILE 33 34 FIXED MOBILE 33 34 FIXED MOBILE 33 34 33 34 FIXED LAND MOBILE NG124 PRIVATE LAND MOBILE (90) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 34 35 FIXED MOBILE 34 35 FIXED MOBILE 34 35 FIXED MOBILE 34 35 FIXED MOBILE 34 35 35 35.19 FIXED MOBILE 35 35.19 FIXED MOBILE 35 35.19 FIXED MOBILE 35 35.19 35 35.19 FIXED LAND MOBILE NG124 PRIVATE LAND MOBILE (90) 35.19 35.69 FIXED MOBILE 35.19 35.69 FIXED MOBILE 35.19 35.69 FIXED MOBILE 35.19 35.69 35.19 35.69 FIXED LAND MOBILE NG124 PUBLIC MOBILE (22) PRIVATE LAND MOBILE (90) 35.69 36 FIXED MOBILE 35.69 36 FIXED MOBILE 35.69 36 FIXED MOBILE 35.69 36 35.69 36 FIXED LAND MOBILE NG124 PRIVATE LAND MOBILE (90) 36 37 FIXED MOBILE 36 37 FIXED MOBILE 36 37 FIXED MOBILE 36 37 FIXED MOBILE US220 36 37 US220 37 37.5 FIXED MOBILE 37 37.5 FIXED MOBILE 37 37.5 FIXED MOBILE 37 37.5 37 37.5 LAND MOBILE NG124 PRIVATE LAND MOBILE (90) * * * * * * * 38.25 39 FIXED MOBILE 38.25 39 FIXED MOBILE 38.25 39 FIXED MOBILE 38.25 39 FIXED MOBILE 38.25 39 International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 39 39.986 FIXED MOBILE 39 39.986 FIXED MOBILE 39 39.986 FIXED MOBILE 39 39.986 39 39.986 LAND MOBILE NG124 PRIVATE LAND MOBILE (90) 39.986 40 FIXED MOBILE Space Research 39.986 40 FIXED MOBILE Space Research 39.986 40 FIXED MOBILE Space Research 39.986 40 39.986 40 LAND MOBILE NG124 PRIVATE LAND MOBILE (90) 40 40.02 FIXED MOBILE Space Research 40 40.02 FIXED MOBILE Space Research 40 40.02 FIXED MOBILE Space Research 40 40.02 FIXED MOBILE 40 40.02 40.02 40.98 FIXED MOBILE 548 40.02 40.98 FIXED MOBILE 548 40.02 40.98 FIXED MOBILE 548 40.02 40.98 FIXED MOBILE 548 US210 40.02 40.98 548 US210 40.68 + .02 MHz: Industrial, scientific and medical frequencies 40.98 41.015 FIXED MOBILE Space Research 549 40.98 41.015 FIXED MOBILE Space Research 40.98 41.015 FIXED MOBILE Space Research 550 40.98 41.015 FIXED MOBILE 40.98 41.015 41.015 42 FIXED MOBILE 549 41.015 42 FIXED MOBILE 41.015 42 FIXED MOBILE 550 41.015 42 FIXED MOBILE US220 41.015 42 US220 42 43.19 FIXED MOBILE 549 42 43.19 FIXED MOBILE 42 43.19 FIXED MOBILE 550 42 43.19 42 43.19 FIXED LAND MOBILE NG124 NG141 PRIVATE LAND MOBILE (90) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 43.19 43.69 FIXED MOBILE 549 43.19 43.69 FIXED MOBILE 43.19 43.69 FIXED MOBILE 550 43.19 43.69 43.19 43.69 FIXED LAND MOBILE PUBLIC MOBILE (22) PRIVATE LAND MOBILE (90) 43.69 44 FIXED MOBILE 549 43.69 44 FIXED MOBILE 43.69 44 FIXED MOBILE 550 43.69 44 43.69 44 LAND MOBILE NG141 PRIVATE LAND MOBILE (90) 44 46.6 FIXED MOBILE 44 46.6 FIXED MOBILE 44 46.6 FIXED MOBILE 552 44 46.6 44 46.6 LAND MOBILE NG124 NG141 PRIVATE LAND MOBILE (90) 46.6 47 FIXED MOBILE 46.6 47 FIXED MOBILE 46.6 47 FIXED MOBILE 552 46.6 47 FIXED MOBILE 46.6 47 * * * * * * * 150.05 150.8 FIXED MOBILE except aeronautical mobile RADIO ASTRONOMY 610 150.05 150.8 FIXED MOBILE 150.05 150.8 FIXED MOBILE 611 150.05 150.8 FIXED MOBILE US216 G30 150.05 150.8 US216 International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 150.8 152 FIXED MOBILE except aeronautical mobile RADIO ASTRONOMY 610 150.8 152 FIXED MOBILE 150.8 152 FIXED MOBILE 611 150.8 152 150.8 152 FIXED LAND MOBILE NG51 NG112 NG124 PRIVATE LAND MOBILE (90) 152 152.255 FIXED MOBILE except aeronautical mobile RADIO ASTRONOMY 610 152 152.255 FIXED MOBILE 152 152.255 FIXED MOBILE 611 152 152.255 US216 152 152.255 FIXED LAND MOBILE US216 PUBLIC MOBILE (22) 152.255 152.495 FIXED MOBILE except aeronautical mobile RADIO ASTRONOMY 610 152.255 152.495 FIXED MOBILE 152.255 152.495 FIXED MOBILE 611 152.255 152.495 152.255 152.495 FIXED LAND MOBILE NG124 PRIVATE LAND MOBILE (90) 152.495 152.855 FIXED MOBILE except aeronautical mobile RADIO ASTRONOMY 610 152.495 152.855 FIXED MOBILE 152.495 152.855 FIXED MOBILE 611 152.495 152.855 152.495 152.855 FIXED LAND MOBILE NG4 PUBLIC MOBILE (22) 152.855 153 FIXED MOBILE except aeronautical mobile RADIO ASTRONOMY 610 152.855 153 FIXED MOBILE 152.855 153 FIXED MOBILE 611 152.855 153 152.855 153 LAND MOBILE NG4 NG124 PRIVATE LAND MOBILE (90) AUXILIARY BROAD- CASTING (74) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 153 154 FIXED MOBILE except aero- nautical mobile (R) Meteorological Aids 153 154 FIXED MOBILE 153 154 FIXED MOBILE 153 154 153 154 LAND MOBILE NG4 NG124 PRIVATE LAND MOBILE (90) AUXILIARY BROAD- CASTING (74) 154 156.2475 FIXED MOBILE except aero- nautical mobile (R) 613 154 156.2475 FIXED MOBILE 613 154 156.2475 FIXED MOBILE 613 154 156.2475 613 154 156.2475 FIXED LAND MOBILE 613 NG112 NG117 NG124 NG148 PRIVATE LAND MOBILE (90) MARITIME (80) 156.2475 156.7625 FIXED MOBILE except aero- nautical mobile (R) 613 613A 156.2475 156.7625 FIXED MOBILE 613 613A 156.2475 156.7625 FIXED MOBILE 613 613A 156.2475 156.7625 613 613A US77 US106 US266 156.2475 156.7625 MARITIME MOBILE 613 613A US77 US106 US266 NG117 156.7625 156.8375 MARITIME MOBILE (distress and calling) 501 613 156.7625 156.8375 MARITIME MOBILE (distress and calling) 501 613 156.7625 156.8375 MARITIME MOBILE (distress and calling) 501 613 156.7625 156.8375 613 US107 US266 156.7625 156.8375 MARITIME MOBILE 613 US107 US266 NG117 156.8375 157.0375 FIXED MOBILE except aeronautical mobile 613 156.8375 157.0375 FIXED MOBILE 613 156.8375 157.0375 FIXED MOBILE 613 156.8375 157.0375 613 US77 US266 156.8375 157.0375 MARITIME MOBILE 613 US77 US266 NG117 157.0375 157.1875 FIXED MOBILE except aeronautical mobile 613 157.0375 157.1875 FIXED MOBILE 613 157.0375 157.1875 FIXED MOBILE 613 157.0375 157.1875 MARITIME MOBILE 613 US214 US266 G109 157.0375 157.1875 613 US214 US266 Private Land Mobile (90) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 157.1875 157.45 FIXED MOBILE except aeronautical mobile 613 157.1875 157.45 FIXED MOBILE 613 157.1875 157.45 FIXED MOBILE 613 157.1875 157.45 613 US223 US266 157.1875 157.45 LAND MOBILE MARITIME MOBILE 613 US223 US266 NG111 NG154 PRIVATE LAND MOBILE (90) MARITIME (80) 157.45 157.755 FIXED MOBILE except aeronautical mobile 157.45 157.755 FIXED MOBILE 157.45 157.755 FIXED MOBILE 157.45 157.755 US266 157.45 157.755 FIXED LAND MOBILE US266 NG111 NG124 PRIVATE LAND MOBILE (90) 157.755 158.115 FIXED MOBILE except aeronautical mobile 157.755 158.115 FIXED MOBILE 157.755 158.115 FIXED MOBILE 157.755 158.115 157.755 158.115 FIXED LAND MOBILE PUBLIC MOBILE (22) 158.115 161.575 FIXED MOBILE except aeronautical mobile 613 613B 158.115 161.575 FIXED MOBILE 613 158.115 161.575 FIXED MOBILE 613 158.115 161.575 613 158.115 161.575 FIXED LAND MOBILE 613 NG6 NG28 NG70 NG112 NG124 NG148 PUBLIC MOBILE (22) PRIVATE LAND MOBILE (90) MARITIME (80) 161.575 161.625 FIXED MOBILE except aeronautical mobile 613 161.575 161.625 FIXED MOBILE 613 161.575 161.625 FIXED MOBILE 613 161.575 161.625 613 US77 161.575 161.625 MARITIME MOBILE 613 US77 NG6 NG17 MARITIME (80) PUBLIC MOBILE (22) 161.625 161.775 FIXED MOBILE except aeronautical mobile 613 161.625 161.775 FIXED MOBILE 613 161.625 161.775 FIXED MOBILE 613 161.625 161.775 613 161.625 161.775 LAND MOBILE 613 NG6 AUXILIARY BROAD- CASTING (74) PUBLIC MOBILE (22) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 161.775 162.0125 FIXED MOBILE except aeronautical mobile 613 615 161.775 162.0125 FIXED MOBILE 613 161.775 162.0125 FIXED MOBILE 613 161.775 162.0125 613 US266 161.775 162.0125 LAND MOBILE MARITIME MOBILE 613 US266 NG6 NG154 PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) MARITIME (80) 162.0125 173.2 FIXED MOBILE except aeronautical mobile 613 615 162.0125 173.2 FIXED MOBILE 613 162.0125 173.2 FIXED MOBILE 613 616 617 618 162.0125 173.2 FIXED MOBILE 613 US8 US11 US13 US216 US223 US300 US312 G5 162.0125 173.2 613 US8 US11 US13 US216 US223 US300 US312 Auxiliary Broad- casting (74) Private Land Mobile (90) 173.2 173.4 FIXED MOBILE except aeronautical mobile 615 173.2 173.4 FIXED MOBILE 173.2 173.4 FIXED MOBILE 617 618 173.2 173.4 173.2 173.4 FIXED Land Mobile NG124 PRIVATE LAND MOBILE (90) 173.4 174 FIXED MOBILE except aeronautical mobile 615 173.4 174 FIXED MOBILE 173.4 174 FIXED MOBILE 617 618 173.4 174 FIXED MOBILE G5 173.4 174 * * * * * * * 220 222 BROADCASTING 621 623 628 629 220 222 AMATEUR FIXED MOBILE Radiolocation 627 220 222 FIXED MOBILE BROADCASTING 626 220 222 FIXED LAND MOBILE Radiolocation 627 G2 220 222 FIXED LAND MOBILE 627 PRIVATE LAND MOBILE (90) * * * * * * * International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 450 451 FIXED MOBILE 653 668 450 451 FIXED MOBILE 668 450 451 FIXED MOBILE 653 668 450 451 668 US87 450 451 LAND MOBILE 668 US87 AUXILIARY BROAD- CASTING (74) 451 454 FIXED MOBILE 653 451 454 FIXED MOBILE 451 454 FIXED MOBILE 653 451 454 451 454 LAND MOBILE NG112 NG124 PRIVATE LAND MOBILE (90) 454 455 FIXED MOBILE 653 454 455 FIXED MOBILE 454 455 FIXED MOBILE 653 454 455 454 455 FIXED LAND MOBILE NG12 NG112 NG148 PUBLIC MOBILE (22) MARITIME (80) 455 456 FIXED MOBILE 653 455 456 FIXED MOBILE MOBILE-SATELLITE (Earth-to-space) 455 456 FIXED MOBILE 653 455 456 455 456 LAND MOBILE AUXILIARY BROAD- CASTING (74) 456 459 FIXED MOBILE 653 669 456 459 FIXED MOBILE 669 670 456 459 FIXED MOBILE 653 669 670 456 459 669 670 456 459 FIXED LAND MOBILE 669 670 NG112 NG124 PRIVATE LAND MOBILE (90) 459 460 FIXED MOBILE 653 459 460 FIXED MOBILE MOBILE-SATELLITE (Earth-to-space) 459 460 FIXED MOBILE 653 459 460 459 460 FIXED LAND MOBILE NG12 NG112 NG148 PUBLIC MOBILE (22) MARITIME (80) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 460 462.5375 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 671 672 460 462.5375 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 671 460 462.5375 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 671 672 460 462.5375 Meteorological- Satellite (space-to- Earth) 671 US201 US209 460 462.5375 FIXED LAND MOBILE 671 US201 US209 NG124 PRIVATE LAND MOBILE (90) 462.5375 462.7375 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 671 672 462.5375 462.7375 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 671 462.5375 462.7375 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 671 672 462.5375 462.7375 Meteorological- Satellite (space-to- Earth) 671 US201 462.5375 462.7375 LAND MOBILE 671 US201 PERSONAL (95) 462.7375 467.5375 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 669 671 672 462.7375 467.5375 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 669 671 462.7375 467.5375 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 669 671 672 462.7375 467.5375 Meteorological- Satellite (space-to- Earth) 669 671 US201 US209 US216 462.7375 467.5375 FIXED LAND MOBILE 669 671 US201 US209 US216 NG124 PRIVATE LAND MOBILE (90) 467.5375 467.7375 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 669 671 672 467.5375 467.7375 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 669 671 467.5375 467.7375 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 669 671 672 467.5375 467.7375 Meteorological- Satellite (space-to- Earth) 669 671 US201 467.5375 467.7375 LAND MOBILE 669 671 US201 PERSONAL (95) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 467.7375 470 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 671 672 467.7375 470 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 670 671 467.7375 470 FIXED MOBILE Meteorological- Satellite (space-to- Earth) 670 671 672 467.7375 470 Meteorological- Satellite (space-to- Earth) 670 671 US201 US216 467.7375 470 FIXED LAND MOBILE 670 671 US201 US216 NG124 PRIVATE LAND MOBILE (90) 470 512 BROADCASTING 676 677A 470 512 BROADCASTING Fixed Mobile 674 675 470 512 FIXED MOBILE BROADCASTING 673 677 470 512 470 512 BROADCASTING FIXED LAND MOBILE NG66 NG114 NG127 NG128 NG149 RADIO BROAD- CAST (TV)(73) PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) Auxiliary Broad- casting (74) 512 585 BROADCASTING 676 677A 683 684 512 585 BROADCASTING 678 512 585 FIXED MOBILE BROADCASTING 677 679 512 585 512 585 BROADCASTING NG128 NG149 RADIO BROAD- CAST (TV)(73) Auxiliary Broad- casting (74) 585 608 BROADCASTING 677A 683 684 685 686 686A 687 585 608 BROADCASTING 678 585 608 FIXED MOBILE BROADCASTING RADIONAVIGATION 688 585 608 585 608 BROADCASTING NG128 NG149 RADIO BROAD- CAST (TV)(73) Auxiliary Broad- casting (74) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 608 610 BROADCASTING 677A 684 687 689 608 610 RADIO ASTRONOMY Mobile-Satellite except aeronautical mobile- satellite (Earth-to- space) 608 610 FIXED MOBILE BROADCASTING RADIONAVIGATION 688 689 690 608 610 RADIO ASTRONOMY US74 US246 608 610 RADIO ASTRONOMY US74 US246 610 614 BROADCASTING 677A 684 687 689 610 614 RADIO ASTRONOMY Mobile-Satellite except aeronautical mobile- satellite (Earth-to- space) 610 614 FIXED MOBILE BROADCASTING 677 688 689 690 691 610 614 RADIO ASTRONOMY US74 US246 610 614 RADIO ASTRONOMY US74 US246 614 790 BROADCASTING 677A 684 693 694 614 790 BROADCASTING Fixed Mobile 675 692 692A 693 614 790 FIXED MOBILE BROADCASTING 677 691 693 614 790 614 790 BROADCASTING NG30 NG128 NG149 RADIO BROAD- CAST (TV)(73) Auxiliary Broad- casting (74) 790 806 FIXED BROADCASTING 694 695 695A 696 697 790 806 BROADCASTING Fixed Mobile 675 692 692A 790 806 FIXED MOBILE BROADCASTING 677 790 806 790 806 BROADCASTING NG30 NG43 NG128 NG149 RADIO BROAD- CAST (TV)(73) Auxiliary Broad- casting (74) 806 821 FIXED BROADCASTING 694 695 695A 696 697 700B 806 821 FIXED MOBILE BROADCASTING 692A 700 806 821 FIXED MOBILE BROADCASTING 677 701 806 821 806 821 FIXED LAND MOBILE NG30 NG31 NG43 NG63 PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 821 824 FIXED BROADCASTING 694 695 695A 696 697 700B 821 824 FIXED MOBILE BROADCASTING 692A 700 821 824 FIXED MOBILE BROADCASTING 677 701 821 824 821 824 LAND MOBILE NG30 NG43 NG63 PRIVATE LAND MOBILE (90) 824 849 FIXED BROADCASTING 694 695 695A 696 697 700B 702 824 849 FIXED MOBILE BROADCASTING 692A 700 824 849 FIXED MOBILE BROADCASTING 677 701 824 849 824 849 FIXED LAND MOBILE NG30 NG43 NG63 NG151 PUBLIC MOBILE (22) 849 851 FIXED BROADCASTING 694 695A 697 702 849 851 FIXED MOBILE BROADCASTING 692A 700 700A 849 851 FIXED MOBILE BROADCASTING 677 701 849 851 849 851 AERONAUTICAL MOBILE NG30 NG63 PUBLIC MOBILE (22) 851 862 FIXED BROADCASTING 694 695A 697 700B 702 851 862 FIXED MOBILE BROADCASTING 692A 700 851 862 FIXED MOBILE BROADCASTING 677 701 851 862 851 862 FIXED LAND MOBILE NG30 NG31 NG63 PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) 862 866 FIXED MOBILE except aeronautical mobile BROADCASTING 703 700B 704 862 866 FIXED MOBILE BROADCASTING 692A 700 862 866 FIXED MOBILE BROADCASTING 677 701 862 866 862 866 FIXED LAND MOBILE NG30 NG31 NG63 PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 866 869 FIXED MOBILE except aeronautical mobile BROADCASTING 703 700B 704 866 869 FIXED MOBILE BROADCASTING 692A 700 866 869 FIXED MOBILE BROADCASTING 677 701 866 869 866 869 LAND MOBILE NG30 NG63 PRIVATE LAND MOBILE (90) 869 890 FIXED MOBILE except aeronautical mobile BROADCASTING 703 700B 704 869 890 FIXED MOBILE BROADCASTING 692A 700 869 890 FIXED MOBILE BROADCASTING 677 701 869 890 869 890 FIXED LAND MOBILE NG30 NG63 NG151 PUBLIC MOBILE (22) 890 894 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 890 894 FIXED MOBILE except aeronautical mobile Radiolocation 704A 705 890 894 FIXED MOBILE BROADCASTING Radiolocation 706 890 894 US116 US268 G2 890 894 FIXED LAND MOBILE US116 US268 NG151 PUBLIC MOBILE (22) 894 896 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 894 896 FIXED MOBILE except aeronautical mobile Radiolocation 700A 704A 705 894 896 FIXED MOBILE BROADCASTING Radiolocation 706 894 896 US116 US268 G2 894 896 AERONAUTICAL MOBILE US116 US268 PUBLIC MOBILE (22) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 896 901 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 896 901 FIXED MOBILE except aeronautical mobile Radiolocation 705 896 901 FIXED MOBILE BROADCASTING Radiolocation 706 896 901 US116 US268 G2 896 901 FIXED LAND MOBILE US116 US268 PRIVATE LAND MOBILE (90) 901 902 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 901 902 FIXED MOBILE except aeronautical mobile Radiolocation 705 901 902 FIXED MOBILE BROADCASTING Radiolocation 706 901 902 US116 US268 G2 901 902 FIXED MOBILE US116 US268 PERSONAL COM- MUNICATIONS (24) 902 928 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 902 928 FIXED Amateur Mobile except aeronautical mobile Radiolocation 705 707 707A 902 928 FIXED MOBILE BROADCASTING Radiolocation 706 902 928 RADIOLOCATION 707 US215 US218 US267 US275 G11 G59 902 928 707 US215 US218 US267 US275 Amateur (97) Private Land Mobile (90) 915 + 13 MHz: Industrial, scientific and medical frequency 928 929 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 928 929 FIXED MOBILE except aeronautical mobile Radiolocation 705 928 929 FIXED MOBILE BROADCASTING Radiolocation 706 928 929 US116 US215 US268 G2 928 929 FIXED US116 US215 US268 FIXED MICROWAVE (101) PRIVATE LAND MOBILE (90) PUBLIC MOBILE (22) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 929 930 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 929 930 FIXED MOBILE except aeronautical mobile Radiolocation 705 929 930 FIXED MOBILE BROADCASTING Radiolocation 706 929 930 US116 US215 US268 G2 929 930 FIXED LAND MOBILE US116 US215 US268 PRIVATE LAND MOBILE (90) 930 931 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 930 931 FIXED MOBILE except aeronautical mobile Radiolocation 705 930 931 FIXED MOBILE BROADCASTING Radiolocation 706 930 931 US116 US215 US268 G2 930 931 FIXED MOBILE US116 US215 US268 PERSONAL COM- MUNICATIONS (24) 931 932 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 931 932 FIXED MOBILE except aeronautical mobile Radiolocation 705 931 932 FIXED MOBILE BROADCASTING Radiolocation 706 931 932 US116 US215 US268 G2 931 932 FIXED LAND MOBILE US116 US215 US268 PUBLIC MOBILE (22) 932 935 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 932 935 FIXED MOBILE except aeronautical mobile Radiolocation 705 932 935 FIXED MOBILE BROADCASTING Radiolocation 706 932 935 FIXED US215 US268 G2 932 935 FIXED US215 US268 FIXED MICROWAVE (101) PUBLIC MOBILE (22) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 935 940 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 935 940 FIXED MOBILE except aeronautical mobile Radiolocation 705 935 940 FIXED MOBILE BROADCASTING Radiolocation 706 935 940 US116 US215 US268 G2 935 940 FIXED LAND MOBILE US116 US215 US268 PRIVATE LAND MOBILE (90) 940 941 FIXED MOBILE except aeronautical mobile BROADCASTING 703 Radiolocation 704 940 941 FIXED MOBILE except aeronautical mobile Radiolocation 705 940 941 FIXED MOBILE BROADCASTING Radiolocation 706 940 941 US116 US268 G2 940 941 FIXED MOBILE US116 US268 PERSONAL COM- MUNICATIONS (24) 941 942 FIXED MOBILE except aeronautical mobile BROA