[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Rules and Regulations]
[Pages 39307-39308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14272]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 25
[ET Docket No. 97-214; FCC 02-131]
Allocation of 45-456 MHz and 459-460 MHz Bands to the Mobile
Satellite Service
AGENCY: Federal Communications Commission.
ACTION: Final rule; termination of proceeding.
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SUMMARY: This document terminates this proceeding and retain the
existing fixed and mobile allocations. The Commission concludes that it
should not move forward with these proposals prior to the 2003 World
Radiocommunication Conference (``WRC-2003'').
FOR FURTHER INFORMATION CONTACT: Jamison Prime, Office of Engineering
and Technology, (202) 418-7474, TTY (202) 418-2989, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
ET Docket 97-214, FCC 02-131, adopted April 29, 2002, and released May
13, 2002. The full text of this document is available for inspection
and copying during regular business hours in the FCC Reference Center
(Room CY-A257), 445 12th Street, SW, Washington, DC 20554. The complete
text of this document also may be purchased from the Commission's copy
contractor, Qualex International, 445 12th Street, SW., Room, CY-B402,
Washington, DC 20554. The full text may also be downloaded at:
www.fcc.gov. Alternative formats are available to persons with
disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202)
418-7365.
Summary of Order
1. On October 14, 1997, the Commission released a Notice of
Proposed Rule Making (NPRM), 62 FR 58932, October 31, 1997, in response
to a Region 2 MSS allocation that was established at the 1995 World
[[Page 39308]]
Radiocommunication Conference (``WRC-95''). The NPRM proposed
allocation of the 455-456 MHz and 459-460 MHz bands on a co-primary
basis to non-voice, non-geostationary MSS Earth-to-space operations
(also referred to as Little LEO services), consistent with the Region 2
MSS allocation. Under the proposal, Little LEO mobile earth station
(``MES'') terminals would be able to use the spectrum for Earth-to-
space (``uplink'') transmissions, including service and feeder links.
The Commission proposed that Little LEO operations in these bands
protect incumbent stations in the fixed and mobile services that
already occupy the spectrum. This proposed allocation would supplement
the 4.05 megahertz of spectrum previously allocated for Little LEO
services.
2. We find that with the passage of time, the NPRM and record in
this proceeding has become outdated. In particular, we find that the
proposals and comments therein do not adequately reflect recent
developments that may have altered the needs and plans of the Little
LEO community and the current views and needs of incumbents in the
bands.
3. Specifically, in the recent government transfer band spectrum
reallocation proceeding, we allocated the 1390-1392 MHz band to the
fixed-satellite service for Little LEO feeder uplinks and the 1430-1432
MHz band for Little LEO feeder downlinks on a co-primary basis. The
allocation is contingent on completion of ongoing studies and adoption
of an international allocation for this spectrum. Without this
allocation, feeder links would continue to have to share the same bands
as service links. The new feeder link spectrum would allow Little LEO
operators to more efficiently use existing service link spectrum to
provide service to customers. The upcoming WRC-2003 is expected to
consider whether additional service and feeder link spectrum should be
allocated for the Little LEO service. The United States, in its
preliminary view, supports such an allocation.
4. Any consideration at this time of the spectrum needs of Little
LEOs must take into account the WRC-2003 preparations, any changes in
the Little LEO industry, and current industry needs in light of our
decision in the government transfer band spectrum reallocation
proceeding. The record in this docket does not encompass these factors.
Accordingly, we conclude that it would be premature for us to take any
action with respect to Little LEO allocations in advance of WRC-2003.
After WRC-03, we will evaluate any new allocations for this service
that may arise. Considering Little LEO service and feeder link spectrum
requirements at that time would allow us to make spectrum management
decisions in a manner that best accommodates Little LEO spectrum needs,
as well as the needs of incumbent operations.
5. We note that in previous cases where the record has been
overtaken by events, the Commission has concluded that the public
interest is best served by the termination of the proceeding. The
present circumstances of this proceeding are of the same character, and
we terminate it without prejudice to the substantive merits. We note
that in other circumstances, the Commission has sometimes sought to
refresh a stale record. We decline to do so here because we believe
that any Little LEO allocation issues that remain after the Government
Transfer Bands, R&O, 67 FR 6172, February 11, 2002, should be addressed
in this proceeding would not accomplish this objective. We make no
decision with respect to the underlying allocation proposals contained
in the NPRM. To the extent that these issues are still relevant
notwithstanding the passage of time, nothing precludes us from
independently evaluating them in the context of a separate proceeding.
Petitioners are free to file an updated petition for rulemaking if they
consider the relief the requested to remain relevant to their needs.
See, e.g., Petition to Authorize Co-Primary Sharing of the 450 MHz Air-
to-Ground Radiotelephone Service with BETRS, MO&O at paragraph 4, DA
00-72, Memorandum Opinion and Order, 15 FCC Rcd 1859 (2000).
6. Pursuant to sections 4(i) and 4(j) of the Communications Act of
1934, as amended, 47 U.S.C 154(i) and (j), and Sec. 1.425 of the
Commission's rules, 47 CFR 1.425, the proceeding in ET Docket No. 97-
214 is terminated.
Federal Communications Commission .
Marlene H. Dortch,
Secretary.
[FR Doc. 02-14272 Filed 6-6-02; 8:45 am]
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