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The Commission adopts a Second Report and Order, Order on Reconsideration, and Fifth Notice of Proposed Rulemaking in this proceeding. A summary of the Fifth Notice of Proposed Rulemaking portion of this decision was published in the April 7, 1997 issue of the Federal Register (62 FR 16514),and seeks comment on specific rules to be applied for the partitioning and disaggregation of LMDS licenses. The Second Report and Order designates an additional 300 megahertz of spectrum in the 31 GHz band to LMDS and adopts service rules for LMDS, as well as competitive bidding rules for LMDS spectrum. The Order on Reconsideration denies petitions for reconsideration of the Commission's dismissal of applications for waiver of the Commission's point-to-point rules governing the 28 GHz band. The Second Report and Order contains modified information collections subject to the Paperwork Reduction Act of 1995 and has been submitted to the Office of Management and Budget (OMB) for review under the PRA. OMB, the general public, and other Federal agencies are invited to comment on the modified information collections contained in this proceeding.

This action amends the amateur service rules to improve eligibility standards for a club station license, recognizes the role of volunteer examiner (VE) teams and session managers, establishes a special event call sign system, and authorizes a self-assigned indicator in the station identification announcement. The Commission declined to allow examination credit for licenses formerly held. The amendments are necessary in order to serve the amateur service licensees more effectively. The effect of this action is to improve license processing, increase operational flexibility, and minimize regulation.

The Notice of Proposed Rulemaking (NPRM), released March 3, 1997, seeks comment on proposed rules to allow amateur stations to transmit spread spectrum type emission technologies that employ additional spreading sequences. It also seeks comment on a proposal that each SS transmitter be required to automatically limit its power to that actually necessary to carry out the communications when the transmitter power exceeds 1 watt. This action is in response to a petition for rule making from the American Radio Relay League, Inc. The intent of the NPRM is to compile a record in sufficient detail for us to determine whether we should authorize amateur stations to use additional spread spectrum type emission technologies and whether such use would facilitate the ability of the amateur service to contribute to the development of SS communications.

On March 13, 1997, the Wireless Telecommunications Bureau of the Federal Communications Commission released a Public Notice establishing an expedited pleading cycle for oppositions and replies to oppositions to two petitions for reconsideration of the Commission's Report and Order establishing rules and policies for a new Wireless Communications Service (``WCS'') in the 2305-2320 and 2345-2360 MHz bands. The Public Notice summarizes the petitions for reconsideration and announces that oppositions to the petitions for reconsideration are due on or before March 21, 1997, and that replies to oppositions to the petitions for reconsideration are due on or before March 25, 1997.

On February 19, 1997, the Federal Communications Commission (``Commission'') adopted a Report and Order establishing rules and policies for a new Wireless Communications Service (``WCS'') in the 2305-2320 and 2345-2360 MHz bands. This action is being taken pursuant to the Omnibus Consolidated Appropriations Act, 1997. The effect of this action is to make thirty megahertz of spectrum available for the provision of fixed, mobile, and radiolocation services, and satellite Digital Audio Radio Services.

This action seeks additional comment on waiver of the three year construction benchmark that IVDS lottery license winners must meet by March 29, 1997. It is necessary for the Commission to receive comment on the waiver request in order to determine if the waiver should be granted. The effect of the action will be to seek comment on the requested rule waiver.

This document contains corrections to the final rules adopted in the Report and Order regulations, which were published on August 7, 1996 (61 FR 41006). The rules relate to the permissible exposure limits from FCC-regulated transmitters as contained in Sec. 1.1307.

This Tenth Report and Order modifies the competitive bidding rules for the upcoming auction of Interactive Video and Data Service (IVDS) licenses as proposed by the Sixth Memorandum Opinion and Order and Further Notice of Proposed Rule Making, In the Matter of Implementation of Section 309(j) of the Communications Act--Competitive Bidding. Specifically, the rule amendments include eliminating the bidding credits available to women- and minority-owned IVDS applicants and extending bidding credits to small businesses based upon a revised two-tiered small business definition, i.e., providing varying bidding credit amounts to small businesses of different sizes. The Tenth Report and Order also clarifies the attribution rules for affiliates of IVDS applicants, and amends the competitive bidding rules to increase the amount of the upfront payments required to participate in the IVDS auction. The intended effect of this action is to establish the competitive bidding rules for the upcoming auction of IVDS licenses.

By this Notice of Proposed Rule Making (``NPRM''), the Federal Communications Commission (``Commission'') proposes to establish a new Wireless Communications Service (``WCS'') in the 2305-2320 and 2345- 2360 MHz bands. This action is being taken pursuant to the Omnibus Consolidated Appropriations Act, 1997 (``Appropriations Act''). The intended effect of this action is to make thirty megahertz of spectrum available for the provision of fixed, mobile, radiolocation services, or satellite Digital Audio Radio Services (``satellite DARS'').

The Commission declines to adopt additional service rules or coordination procedures for the amateur service and Data-PCS devices or for the amateur service. The Commission also prohibits airborne use of all unlicensed devices in the 2390-2400 MHz band in order to protect space research conducted at the National Astronomy and Ionospheric Center Observatory (NAIC) at Arecibo, Puerto Rico. In addition, the Commission declines to combine the 2390-2400 MHz and 2400-2483.5 MHz bands for use by both Data-PCS and other unlicensed devices. It reaffirms that as long as the unlicensed device satisfies the technical standards of the band in which it is operating, the device would be permitted to transmit in either band. This action permits immediate use of the 2390-2400 MHz and 2402-2417 MHz bands by the amateur service, Data-PCS devices, and other unlicensed devices under existing rules. Finally the new and enhanced services and uses permitted by this action will create new jobs, foster economic growth, and improve access to communications by industry and the American public.

This action proposes to amend the amateur service rules to authorize citizens of certain countries in Europe and the Americas to operate stations while on short visits in the United States by facilitating implementation of two pending international reciprocal operating arrangements--European Conference of Postal and Telecommunications Administrations (CEPT) radio-amateur license and the Inter-American Convention on an International Amateur Radio Permit (CITEL/Amateur Convention). It is necessary so that U.S. amateur operators can operate in twenty-two European countries, eight South American countries, Mexico, and Honduras, and so that operators from those countries can operate their amateur stations in places where the amateur service is regulated by the Commission. The effect of the action will be to provide a convenient procedure for tourists, conference attendees, students, and professors whereby they can operate their amateur stations while visiting in the United States.

The Further Notice of Proposed Rule Making (FNPRM) tentatively concludes that the 25 percent bidding credit available to women- and minority-owned applicants in IVDS is not supported by the record, and seeks additional evidence to support the provision of the bidding credit to women- and minority-owned applicants in light of the Supreme Court's decision in Adarand. The FNPRM also seeks comment on whether and how the Commission should extend bidding credits to small businesses. The FNPRM also requests comment on whether the Commission should implement a tiered bidding credit scheme to provide varying bidding credit amounts to small businesses of different sizes and modify its small business definition. The FNPRM also tentatively concludes that the Commission should increase the upfront payments from $2,500 for every five licenses won to $9,000 per Metropolitan Statistical Area license won, and $2,500 per Rural Statistical Area license won.

The Sixth Memorandum Opinion and Order affirms the competitive bidding procedures adopted in the Fourth Report and Order, with several exceptions. Specifically, the Sixth Memorandum Opinion and Order proposes to: clarify the Commission's anti-collusion rules; permits use of simultaneous multiple round bidding for interactive video and data service (IVDS) auctions; and eliminates the tax certificate program available to investors in women- and minority-owned businesses in accordance with Congressional action. The Sixth Memorandum Opinion and Order also grants a petitioner's request that bidding credits be made available for both licenses in each IVDS service area. The intended effect of this action is to resolve petitions for reconsideration and to clarify or modify the competitive bidding rules governing the methodology and procedure for auctions for IVDS licenses.

This action amends the maritime service and personal radio service rules to permit the shared use of the 216-217 MHz band on a secondary, non-interference basis, for a new Low Power Radio Service (LPRS) to include auditory assistance devices, health care assistance devices, law enforcement tracking systems, and automated maritime telecommunications system (AMTS) point-to-point network control communications. The effect of this rule is to: increase educational opportunities and access to telecommunications devices for persons with disabilities; facilitate health care services, strengthen law enforcement, and maximize efficiency in the use of AMTS coast stations frequencies. This action promotes effective utilization of presently unused radio spectrum.

The Report and Order (``R&O'') amends the Commission's Rules to adopt new guidelines and methods for evaluating the environmental effects of radiofrequency (RF) radiation from FCC-regulated transmitters, in accordance with The National Environmental Policy Act (NEPA) of 1969. NEPA requires agencies of the Federal Government to evaluate the effects of their actions on the quality of the human environment. To meet the Commission's responsibilities under NEPA, the Commission has adopted revised RF exposure guidelines for purposes of evaluating potential environmental effects of RF radiation. The new guidelines reflect more recent scientific studies of the biological effects of RF radiation. Use of the new guidelines will ensure that the public and workers receive adequate protection from exposure to potentially harmful RF field.

The Commission has amended its rules to permit IVDS licensees to provide mobile service to subscribers. This action authorizes mobile operation of response transmitter units (subscriber units) operated with an effective radiated power of 100 milliwatts or less. The Commission also eliminated the IVDS ``duty cycle'' requirement for operations outside of TV channel 13 Grade B contours. The Commission found that these amendments would provide additional flexibility for IVDS licensees to meet the communications needs of the public without increasing the likelihood of interference.

This action revises the Personal Radio Service rules to establish a very short distance, unlicensed, two-way voice personal radio service called the Family Radio Service (FRS). The rule amendments are necessary so that families, friends and associates could have the capability to communicate with one another over a very short range, typically a few city blocks. The effect of this action is to provide a high-quality low-cost communications service that will be useful to hunters, campers, hikers, bicyclists and other outdoor activity enthusiasts who need to communicate with other members of their party who are out of speaking range or sight but still in the same general area.

This action revises the amateur service rules to make clear that a renewal application, filed at the address specified by the Commission on the same date as the license expiration, is timely. Also, an application for a vanity call sign, filed at the address specified in the Wireless Telecommunications Bureau Fee Filing Guide on the same date as the license expiration, is timely. The rule amendments are necessary so that licensees will know that they have continuing authority to operate, pending action on their applications. The effect of this action is to assure licensees that their operating authority is continued until the final disposition of the applications.

By this Memorandum Opinion and Order (MO&O), the Commission addresses the Petition for Reconsideration (Petition), filed by Fred Daniel d/b/a Orion Telecom (Orion). Orion's Petition requests that the Commission rescind the 219-220 MHz allocation to the Amateur Radio Service or, alternatively, modify the rules to provide additional protection for Automated Maritime Telecommunications Systems (AMTS) operations. This MO&O affirms the Commission's decision to allocate the 219-220 MHz band to the Amateur Radio Service on a secondary basis; and also amends the amateur rules to reflect the frequency upon which the AMTS stations operate. Finally, the MO&O updates and corrects the Table of Frequency Allocations.

By this Second Notice of Proposed Rule Making, (``2nd NPRM''), the Commission addresses proposals: to restrict amateur usage of the 76-77 GHz band in order to protect vehicle radar systems from interference while also giving amateur operators coprimary status in the 77.5-78 GHz band; to develop a spectrum etiquette technical standard for the 59-64 GHz band to minimize interference within that band; and to further restrict emissions above 200 GHz to protect radio astronomy operations from interference.