Overview of Service Rules:Overview of Service Rules:

Legal and Technical Legal and Technical IssuesIssues

Nancy ZaczekNancy ZaczekSpecial Counsel, Broadband DivisionSpecial Counsel, Broadband Division

Michael PollakMichael PollakElectronics Engineer, Broadband DivisionElectronics Engineer, Broadband Division

May 25, 2004May 25, 2004

24 MHzAuction (#56) Seminar

DisclaimerDisclaimer Nothing herein is intended to supersede any Nothing herein is intended to supersede any

provision of the Commission's rules or public provision of the Commission's rules or public notices. These slides should not be used as a notices. These slides should not be used as a substitute for a prospective applicant's review of substitute for a prospective applicant's review of the Commission's relevant orders, rules, and the Commission's relevant orders, rules, and public notices. Prospective applicants must public notices. Prospective applicants must familiarize themselves thoroughly and remain familiarize themselves thoroughly and remain current with the Commission's rules relating to current with the Commission's rules relating to the 24 GHz Service, rules relating to application the 24 GHz Service, rules relating to application and auction procedures, and the procedures, and auction procedures, and the procedures, terms and conditions contained in the Auction No. terms and conditions contained in the Auction No. 56 public notices. 56 public notices.

IntroductionIntroduction

Background of Proceeding Background of Proceeding Service rulesService rules Technical issuesTechnical issues

Background of Proceeding Background of Proceeding WT Docket 99-327WT Docket 99-327: Amendments to Parts 1, 2, : Amendments to Parts 1, 2,

87, and 101 of the Commission’s Rules to 87, and 101 of the Commission’s Rules to License Fixed Services at 24 GHzLicense Fixed Services at 24 GHz 24 GHz Report and Order24 GHz Report and Order, FCC 00-272, rel. Aug. 1, , FCC 00-272, rel. Aug. 1,

2000; 15 FCC Rcd 16934 -- adopted service rules, 2000; 15 FCC Rcd 16934 -- adopted service rules, including licensing and technical rulesincluding licensing and technical rules

24 GHz Order on Reconsideration24 GHz Order on Reconsideration, FCC 01-151, rel. , FCC 01-151, rel. May 17, 2001; 16 FCC Rcd 11156 -- affirmed May 17, 2001; 16 FCC Rcd 11156 -- affirmed Report Report and Orderand Order

Available at FCC web site through “EDOCS”Available at FCC web site through “EDOCS” Visit “http://www.fcc.gov/searchtools.html” and Visit “http://www.fcc.gov/searchtools.html” and

select EDOCSselect EDOCS

Service RulesService Rules

EligibilityEligibility Permissible licensed servicesPermissible licensed services Band planBand plan Geographic area licensesGeographic area licenses Licensing rules / Part 101Licensing rules / Part 101

EligibiltyEligibilty

Open eligibilityOpen eligibility

Permissible Licensed Permissible Licensed ServicesServices

Fixed terrestrial non-broadcastFixed terrestrial non-broadcast Digital serviceDigital service Point-to-point, point-to-multipoint Point-to-point, point-to-multipoint

terrestrial (terrestrial (seesee §101.511), subject to §101.511), subject to the technical rulesthe technical rules

Band PlanBand Plan

Five 80-megahertz blocks, with each block consisting of a pair of Five 80-megahertz blocks, with each block consisting of a pair of 40-megahertz segments (101.147(r)(9)).40-megahertz segments (101.147(r)(9)).

Channel No. 35 ---- 24,250-24,290 25,050-25,090 MHzChannel No. 35 ---- 24,250-24,290 25,050-25,090 MHz Channel No. 36 ---- 24,290-24,330 25,090-25,130 MHzChannel No. 36 ---- 24,290-24,330 25,090-25,130 MHz Channel No. 37 ---- 24,330-24,370 25,130-25,170 MHzChannel No. 37 ---- 24,330-24,370 25,130-25,170 MHz Channel No. 38 ---- 24,370-24,410 25,170-25,210 MHzChannel No. 38 ---- 24,370-24,410 25,170-25,210 MHz Channel No. 39 ---- 24,410-24,450 25,210-25,250 MHzChannel No. 39 ---- 24,410-24,450 25,210-25,250 MHz

Either the upper or lower side can be used for the nodal station or Either the upper or lower side can be used for the nodal station or the subscriber station in any amount except near inter’l borders.the subscriber station in any amount except near inter’l borders.

Geographic Area LicensesGeographic Area Licenses

Five 40-megahertz channel pairs will be Five 40-megahertz channel pairs will be assigned over 176 Economic Area (EAs), (§ assigned over 176 Economic Area (EAs), (§ 101.523(a))101.523(a))

172 service areas specified by the 172 service areas specified by the Department of CommerceDepartment of Commerce

4 EA-like areas:4 EA-like areas: •• Guam and the Northern Mariana Islands Guam and the Northern Mariana Islands • • PPuerto Rico and the United Virgin Islands uerto Rico and the United Virgin Islands • • American SamoaAmerican Samoa

•• Gulf of Mexico Gulf of Mexico

Geographic Area LicensesGeographic Area Licensescont.cont.

Excluded -- channels licensed by Excluded -- channels licensed by incumbent in Standard Metropolitan incumbent in Standard Metropolitan Statistical Area (SMSA) within an EA Statistical Area (SMSA) within an EA (§ 101.523(b)).(§ 101.523(b)).

Incumbent SMSA licensees retain the Incumbent SMSA licensees retain the exclusive right to those channels exclusive right to those channels within the SMSA (§ 101.523(b)).within the SMSA (§ 101.523(b)).

If incumbent loses authorization If incumbent loses authorization reverts to EA holder (§ 101.527(d)).reverts to EA holder (§ 101.527(d)).

Licensing RulesLicensing Rules

Part 101Part 101 License term and renewal License term and renewal

expectancyexpectancy Build-out requirementsBuild-out requirements Partitioning / DisaggregationPartitioning / Disaggregation

Part 101Part 101

Part 101 generally applies to band Part 101 generally applies to band Flexible licensing approachFlexible licensing approach

License Term and RenewalLicense Term and Renewal

Licenses expire 10 years from the Licenses expire 10 years from the date of license grant or license date of license grant or license renewal for incumbent (§ 101.526)renewal for incumbent (§ 101.526)

Right of renewal expectancy Right of renewal expectancy established for licensees that satisfy established for licensees that satisfy the performance/build-out the performance/build-out requirements (§ 101.529)requirements (§ 101.529)

Build-out RequirementsBuild-out Requirements

No specific benchmarks to afford No specific benchmarks to afford flexibility.flexibility.

““Substantial service” must be Substantial service” must be provided to service area within 10 provided to service area within 10 years of the license grant (§ years of the license grant (§ 101.527).101.527).

Case-by-case determination.Case-by-case determination.

Build-out RequirementsBuild-out Requirementscont.cont.

Safe harborsSafe harbors4 links per million pop. within a 4 links per million pop. within a

service area.service area.Service to an area that very Service to an area that very

limited access to either wireless limited access to either wireless or wireline telecommunications or wireline telecommunications servicesservices

Partitioning and DisaggregationPartitioning and Disaggregation

Partitioning (dividing geographic Partitioning (dividing geographic

areas) and disaggregation (dividing areas) and disaggregation (dividing

spectrum) are permitted (see § spectrum) are permitted (see §

101.535).101.535).

Two options for build-out.Two options for build-out.

Partitioning and DisaggregationPartitioning and Disaggregationcont.cont.

First option: parties certify that they will First option: parties certify that they will

each separately satisfy the substantial each separately satisfy the substantial

service requirement for their portion of the service requirement for their portion of the

service area.service area.

Second option: original licensee or Second option: original licensee or

partitioner certifies that it has met or will partitioner certifies that it has met or will

meet the substantial service requirement for meet the substantial service requirement for

the entire service area during the license the entire service area during the license

term. term.

Technical RulesTechnical Rules

Intern’l treaty agreementsIntern’l treaty agreements Power limitsPower limits Emission limitsEmission limits Signal strength limitsSignal strength limits Incumbent protectionIncumbent protection

THE ENDTHE END

Disclaimer: This presentation is provided as informal staff information and Disclaimer: This presentation is provided as informal staff information and assistance; it is not legal advice, nor is it a binding opinion of the WTB or FCC.assistance; it is not legal advice, nor is it a binding opinion of the WTB or FCC.

Any Questions?Any Questions?

Contact: Nancy Zaczek, 202-418-7590, Contact: Nancy Zaczek, 202-418-7590, Nancy.Zaczek@fcc.govNancy.Zaczek@fcc.gov

Technical contact: Michael Pollak, 202-418-1682, Technical contact: Michael Pollak, 202-418-1682, Michael.Pollak@fcc.govMichael.Pollak@fcc.gov

Service RulesService Rules