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Federal Register / Vol. 70, No.

239 / Wednesday, December 14, 2005 / Notices 74011

(b) the accuracy of the Commission’s competition and those not subject to available for inspection and copying
burden estimate; (c) ways to enhance effective competition. The data needed during normal business hours in the
the quality, utility, and clarity of the to prepare this report is collected using FCC Reference Center, Room CY–A–
information collected; and (d) ways to the Annual Survey of Cable Industry 257, 445 12th Street, SW., Washington,
minimize the burden of the collection of Prices. DC 20554. The complete text may also
information on the respondents, Federal Communications Commission. be purchased from the Commission’s
including the use of automated Marlene H. Dortch,
duplicating contractor, Best Copy and
collection techniques or other forms of Printing, Inc. (BCP), Portals II, 445 12th
Secretary.
information technology. Street, SW., Room CY–B402,
[FR Doc. 05–24025 Filed 12–13–05; 8:45 am] Washington, DC. The complete item is
DATES: Written comments should be
BILLING CODE 6712–01–P also available on the Commission’s Web
submitted on or before January 13, 2006.
If you anticipate that you will be site at http://www.fcc.gov/wtb.
submitting comments, but find it Background. The 2150–2160/62 MHz
FEDERAL COMMUNICATIONS band is allocated for fixed and mobile
difficult to do so within the period of COMMISSION
time allowed by this notice, you should services and designated for Advanced
advise the contact listed below as soon [DA 05–3126] Wireless Services (AWS).2 In the BRS/
as possible. EBS R&O and FNPRM, the Commission
Licensees of Broadband Radio Service designated spectrum in the new 2.5 GHz
ADDRESSES: You may submit your
Channels 1 and/or 2/2A; Must File Site BRS band plan for BRS Channels No. 1
comments by email or U.S. mail. To and Technical Data by December 27, and No. 2—2496–2502 MHz for BRS
submit your comments by email send 2005 Channel No. 1 and 2618–2624 MHz for
them to PRA@fcc.gov. To submit your
BRS Channel No. 2.3 The Commission
comments by U.S. mail send them to AGENCY: Federal Communications
also stated that the Transition Plan must
Cathy Williams, Federal Commission.
include plans for relocating the BRS
Communications Commission, Room 1– ACTION: Notice. incumbents from spectrum that has
C823, 445 12th Street, SW., Washington, been redesignated for BRS Channel No.
DC 20554 and Kristy L. LaLonde, Office SUMMARY: By this document, the Office
of Engineering and Technology (OET) 1 and BRS Channel No. 2.4 Future AWS
of Management and Budget (OMB), licensees will be obligated to relocate
Room 10236 NEOB, Washington, DC and the Wireless Telecommunications
Bureau (WTB) set forth the specific data incumbent BRS operations in the 2150–
20503, (202) 395–3087 or via the 2160/62 MHz band to comparable
Internet at that Broadband Radio Service (BRS) 1
licensees in the 2150–2160/62 MHz facilities, most likely within the newly
Kristy_L._LaLonde@omb.eop.gov. restructured 2495–2690 MHz band. (The
band must file along with the deadline
FOR FURTHER INFORMATION CONTACT: For date and procedures for filing this data Commission is currently seeking
additional information about the on the Commission’s Universal comment on the details of this
information collection(s) send an email Licensing System (ULS). The data will relocation process in ET Docket No. 00–
to PRA@fcc.gov or contact Cathy assist in determining future AWS 258.5)
Williams at (202) 418–2918. If you Commission Order. Recently, the
licensees’ relocation obligations.
would like to obtain a copy of this Commission concluded that reliable,
DATES: Filing deadline is December 27,
revised information collection, you may public data on each incumbent BRS
2005. system that will be subject to relocation
do so by visiting the FCC PRA Web page
ADDRESSES: Federal Communications is essential well in advance of the
at: http://www.fcc.gov/omd/pra.
Commission, 445 12th Street, SW., planned auction of the 2150–2155 MHz
SUPPLMENTARY INFORMATION:
Washington, DC 20554. band next year.6 The Commission also
OMB Control Number: 3060–0647.
Title: Annual Survey of Cable FOR FURTHER INFORMATION CONTACT:
Industry Prices. Mary Shultz, WTB, at (717) 338–2656 2 See Amendment of Part 2 of the Commission’s

(for questions about the data collection) Rules to Allocate Spectrum Below 3 GHz for Mobile
Form Number: Not applicable. and Fixed Services to Support the Introduction of
Type of Review: Revision of a or Priya Shrinivasan, OET, at (202) 418– New Advanced Wireless Services, Including Third
currently approved collection. 7005 (for questions about the underlying Generation Wireless Systems, ET Docket No. 00–
Respondents: Business or other for- Commission Order). For additional ULS 258, Second Report and Order, 17 FCC Rcd 23193
information or assistance, go to http:// (2002), Eighth Report and Order and Fifth Notice
profit entities; State, Local or Tribal of Proposed Rulemaking and Order, FCC 05–172
Government. esupport.fcc.gov. You may also call the (rel. Sept. 29, 2005) (AWS Allocation Eighth Report
Number of Respondents: 758. FCC Support Center at (877) 480–3201 and Order, Fifth NPRM, and Order. See also Service
Estimated Time per Response: 7 hours (TTY 202–414–1255) and select Option Rules for Advanced Wireless Services in the 1.7
GHz and 2.1 GHz Bands, WT Docket No. 02–353,
per response. #2, Forms or Licensing Assistance. Report and Order, 18 FCC Rcd 25162 (2003) (recon.
Frequency of Response: Annual SUPPLEMENTARY INFORMATION: This is a pending), modified by Order on Reconsideration, 20
reporting requirement. summary of the Commission’s Public FCC Rcd 14058 (2005).
3 BRS/EBS R&O and FNPRM, 19 FCC Rcd 14165,
Total Annual Burden: 5,306 hours. Notice, released November 30, 2005.
Total Annual Cost: None. 14184 paragraph 38.
The full text of this Public Notice is 4 Id. at 14203 paragraph 88. Except in this
Privacy Impact Assessment: No background paragraph, references to Channels 1
impact(s). 1 The Multipoint Distribution Service (MDS) was and/or 2/2A in this Public Notice refer to channel
Needs and Uses: Section 623(k) of the renamed the Broadband Radio Service (BRS) in numbers under the pre-transition frequency
Cable Television Consumer Protection 2004. See Amendment of Parts 1, 21, 73, 74 and 101 assignments. See 47 CFR 27.5(i)(1).
of the Commission’s Rules to Facilitate the 5 AWS Allocation Eighth Report and Order, Fifth
and Competition Act of 1992 requires Provision of Fixed and Mobile Broadband Access, NPRM, and Order, paragraph 13. Comments in
the Commission to publish an annual Educational and Other Advanced Services in the response to the Fifth NPRM were due on or before
statistical report on average rates for 2150–2162 MHz and 2500–2690 MHz Bands, WT November 25, 2005, and reply comments must be
basic cable service, cable programming Docket No. 03–66, Report and Order and Further filed on or before December 12, 2005. See 70 Fed.
Notice of Proposed Rulemaking, 19 FCC Rcd 14165 Reg. 61752 (Oct. 26, 2005).
service, and equipment. The report must (2004) (‘‘BRS/EBS R&O and FNPRM’’), recon. 6 AWS Allocation Eighth Report and Order, Fifth
compare the prices charged by cable pending. Therefore, all former MDS licensees are NPRM, and Order, paragraph 53 (citing 47 U.S.C.
operators subject to effective now referred to as BRS licensees. Continued

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74012 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Notices

concluded that, because the BRS service MHz band must file along with the (ULS) to modify their BRS license(s).
is currently licensed on the basis of deadline dates and procedures for filing These applications will be treated as
geographic licensing areas, neither the this data electronically on the minor modifications that do not require
Commission nor the public has reliable, Commission’s Universal Licensing payment of a fee if the requested
up-to-date information on the System (ULS), where it will be available information is submitted without
construction status and/or operational to the public. making additional changes to the
parameters of each BRS system in the The Commission also noted that the license.11
2150–2160/62 MHz band that will be 60-day and 120-day filing dates will Facilities that require individual
subject to relocation.7 Accordingly, the correspond to information collection licenses. Licensees are cautioned that
Commission ordered BRS licensees to requirements for the ULS.10 adding a facility that requires an
submit information on: Accordingly, the collection of individual license or changing the
the locations and operating characteristics of information has two parts: (1) The technical parameters of a facility that is
BRS systems (e.g., the location of base or collection of data on FCC Form 601 already individually licensed 12 may
fixed stations by coordinates, tower heights, (Main Form and Schedules D & E) and cause the filing to be treated as a major
power levels, etc.) in the 2150–2160/62 MHz (2) the collection of supplemental data modification and require payment of a
band, on other system characteristics of BRS not currently collected on the FCC Form fee.
incumbents (e.g., subscriber numbers and 601 for this service. The first data Licensees should take the following
types of equipment used), and on categories
of services provided (e.g., one-way or two- collection, on FCC Form 601, must be steps to initiate the electronic filing of
way service, point-to-point or point-to- filed on or before December 27, 2005. A a modification application on ULS:
multipoint operations, data or analog video second information collection is (1) Access the ULS homepage at
service). We also will require BRS licensees proposed and is pending approval from http://wireless.fcc.gov/uls and click on
to provide this information even if the the Office of Management and Budget Online Filing.
spectrum is leased to third parties. Further, (OMB) under the Paperwork Reduction (2) Enter the FRN and CORES
* * * we will require that BRS licensees, as Act of 1995 (see section III below). password of the licensee and click
part of the information on system design in
the band, provide the number of links
Hence, there is currently no deadline for Submit.
(including the connection between a base filing the data covered by the proposed (3) If the licensee has saved
station and subscriber premises equipment) information collection request awaiting applications, it will be taken to a page
within the system for both point-to-point and OMB approval. If OMB approves the titled ‘‘My Applications.’’ From this
point-to-multipoint systems. To the extent second information collection, the FCC page it should click on My Licenses. If
that a system uses both BRS channels 1 and will release a separate public notice that the licensee does not have any saved
2 as part of the same service (e.g., as a link announces the deadline for filing the applications, it will go directly to ‘‘My
to a two-way data service), we will require
second data collection. The instant Licenses,’’ a page listing the licensee’s
that BRS licensees make special note of this
when providing their system information.8 Public Notice nonetheless describes the call signs.
second information collection so (4) Select the call sign of the license
The Commission noted that the list licensees are aware of it as they gather to be modified.
above was not inclusive and that the information for the first data collection. (5) Select Update from the right side
information required would ultimately BRS Channel 1 and/or 2/2A licensees of the ‘‘License At a Glance’’ screen.
be necessary in the context of relocation are advised that: (6) Select Modify License.
negotiations. To assist in determining • Any data or certifications At this point, the licensee begins
the scope of the new AWS entrants’ previously filed regarding the entering information onto the
relocation obligations, the Commission construction status and/or operational application. ULS will take the licensee
ordered BRS licensees in the 2150– parameters of a BRS system in the 2150– through a series of screens that collect
2160/62 MHz band to provide the 2160/62 MHz band is considered out-of- FCC Form 601 information.
required data within 60 days and 120 date and is therefore deemed unreliable. On ULS, you must select the newly
days of the effective date of its Order.9 • If a licensee has no constructed and created Attachment Type: ‘‘BRS
The Commission directed and operational facilities, then no filing is Channel 1, 2, 2A Notification’’ and file
authorized OET and WTB to issue required. such an attachment.
public notices with the specific data • Failure to timely file data regarding To ensure that ULS correctly
that BRS licensees in the 2150–2162 the construction status and/or identifies and processes your
operational parameters of a BRS system application(s)—filed to provide the
154(i)). On December 29, 2004, the Commission
formally notified the National Telecommunications (to assist in determining future AWS information detailed in the instant
and Information Administration (NTIA) of the U.S. licensees’ relocation obligations) risks Public Notice—you must:
Department of Commerce that the Commission prejudicing any right to seek relocation • On the Application Information
intends to auction licenses for AWS in the 1710– or reimbursement for such constructed
1755 MHz and 2110–2155 MHz bands as early as
screen, select ‘‘Yes’’ in response to the
June 2006. See FCC to Commence Spectrum and operational facilities.
Auction that will Provide American Consumers 11 Licensees may make minor modifications to
New Wireless Broadband Services, News Release,
I. First Data Collection (Mandatory on
station authorizations, as defined in Section 1.929
(rel. Dec. 29, 2004). or Before December 27, 2005) of this part (other than pro forma transfers and
7 AWS Allocation Eighth Report and Order, Fifth
assignments), as a matter of right without prior
NPRM, and Order, paragraph 53. See also 70 Fed. A. Report Construction and Operational Commission approval. Where other rule parts
Reg. 61747 (Oct. 26, 2005). Status of System(s) by Filing License- permit licensees to make permissive changes to
8 AWS Allocation Eighth Report and Order, Fifth Modification Application(s) on ULS technical parameters without notifying the
NPRM, and Order, paragraph 53 (notes omitted). Commission (e.g., adding, modifying, or deleting
The Commission also noted that the information Licensees operating on channels internal sites), no notification is required. For all
submitted need not be signed under oath; however, within the 2150–2160/62 MHz bands other types of minor modifications (e.g., name,
willful false statements made therein are are required to submit their information address, point of contact changes), licensees must
punishable by fine and imprisonment, and by notify the Commission by filing FCC Form 601
appropriate administrative sanctions, including
electronically by filing an application within thirty (30) days of implementing any such
revocation of a station’s license. See id. at n.139 on the Universal Licensing System changes. See 47 CFR 1.947 (Modification of
(citing 47 CFR 1.917(c)). licenses).
9 Id. 10 Id. 12 See 47 CFR 27.1207(b), 47 CFR 27.1209(b).

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Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Notices 74013

question ‘‘Is an attachment being filed completed, the licensee will begin polarization, gain and tilt. If an
with this application?’’ entering information that is requested omnidirectional antenna is used, the
• Upload an attachment at any time on FCC Form 601 Schedules D and E. licensee should enter 360 for the
during the filing process following these The first two screens request azimuth and beamwidth.
steps: information on Major Economic Area (3) Click Add Frequency.
• Click on the Attachment link, and geographic band plan. Licensees (4) Enter information on frequency
which is listed at the top of every online should click Continue to go through and power. The frequency should fall
filing page. these screens without making any within the 2150–2160/62 MHz band.
• Select the newly created changes. These screens will be followed (5) Click Continue.
Attachment Type called ‘‘BRS Channel by a screen titled ‘‘Site Specific (6) Enter emission designator
1, 2, 2A Notification’’—and upload an Technical Data Summary.’’ From this information.
attachment of this type.13 screen the licensee has the option to (7) Click Continue to go to the
• Be sure to select Attachment Type either add technical information for a ‘‘Emission Designator Summary’’
‘‘BRS Channel 1, 2, 2A Notification’’ new station or modify the technical screen.
when attaching the file. Failure to information for any existing stations (8) Click Continue to go back to the
include this attachment may result in that were already listed under your ‘‘Site Specific Technical Data
the automated rejection of the geographic license. Summary’’ screen.
application or a charge of an application Licensees must provide technical data To add a Mobile Station, follow these
fee. for their own stations as well as for any steps:
B. Form 601 Data constructed and operational stations of (1) Enter the coordinates and location
their lessees. information for the station receiving the
When entering information into the mobile/portable transmissions, e.g., a
online filing system, licensees will find 1. Add Stations to Your License response station hub.
that certain fields and questions To add a station(s) that is constructed (2) Enter ‘0’ as the radius.
collected on the FCC Form 601 Main and operational in the 2150–2160/62 (3) Select Add Frequency.
Form, Schedule D, and Schedule E must band under authority of your geographic (4) Enter frequency and power
be completed or ULS edits will not area-wide BRS license, follow these information for the mobile/portable
allow the licensee to continue to the transmitters. The frequency should fall
steps:
next screen. ULS will display a message a. Select Add Location from the ‘‘Site within the 2150–2160/62 MHz band.
if a required field is left blank and Specific Technical Data Summary’’ (5) Select Continue.
licensees will be given the opportunity screen. (6) Enter emission designator
to go back to the screen and complete b. Enter applicable information information.
the required fields. When a modification concerning the need for international (7) Click Continue to go to the
is filed, license information is carried coordination, National Environmental ‘‘Emission Designator Summary’’
over to the application so it does not Policy Act (NEPA) and quiet zone and screen.
have to be reentered, but licensees will click Continue. (8) Click Continue to go to the ‘‘Site
have to enter required information that c. If the above issues do not apply to Specific Technical Data Summary’’
is missing from the license or specific to the location, ULS will generate a screen.
the application. message indicating that site data is not
Main Form. Initially, the licensee will 2. Ensure That Any Stations That Were
required. The licensee should click OK Already Listed on Your License Are
enter information that is found on the to continue filing site data.
FCC Form 601 Main Form. The Accurate
d. Select the type of location, Fixed or
information consists of applicant and Mobile. If an operational station in the 2150–
contact information; general Fixed should be selected if the 2150– 2160/62 MHz band already exists on
information; application information; 2160/62 MHz band channel is being your license, you must also verify the
alien ownership and basic qualification transmitted from a fixed or base station accuracy of this information before
questions; and questions specific to the (downstream). filing the application. Licensees will
Broadband Radio Service. Specifically, Mobile should be selected if the follow the steps listed above to initiate
Item 55 asks whether the applicant 2150–2160/62 band channel is being the application and enter FCC Form 601
complies with several technical rules transmitted from a subscriber, mobile, information until they get to the ‘‘Site
including section 27.55, which provides or portable station (upstream). Specific Technical Data Summary’’
that the predicted or measured median screen. If the information for the
(Note: You do not have to provide the
field strength at any location on the location is complete and accurate in
transmitter coordinates for any subscriber/
geographical border of a licensee’s customer premises equipment. Report ULS, there is no need to enter
service area shall not exceed the value upstream subscriber/customer premises information on the individual stations.
specified in the rules unless the equipment under Mobile.) The licensee may click Continue and
adjacent affected service area licensee(s) proceed with submittal of the
e. If Mobile is selected, the licensee
agree(s) to a different field strength.14 application as explained in Part I,
Schedules D & E. Once the FCC Form should select the Area of Operation
Code of P (KMRA around a section 3, below. If the information for
601 Main Form information is the station is missing or incorrect, the
centerpoint).
f. Click Continue. licensee must update the information
13 The attachment may consist of the
To add a Fixed Location, follow these before submitting the application.
supplemental data collection outlined in Section II,
or if the supplemental information is not being steps: The licensee may click on the
filed, a simple statement that the application is filed Enter information on location, location, antenna or frequency from the
in response to the instant Public Notice. structure height and Antenna Structure ‘‘Site Specific Technical Summary’’
14 See FCC Form 601 Item 55 citing 47 CFR 27.50
Registration. screen to update the information. Once
(Power and antenna height limits), 47 CFR 27.55
(Signal strength limits), 47 CFR 27.1221 (1) Click Add Antenna. the information on the individual
(Interference protection). See also 47 CFR (2) Enter antenna’s make, model, location, antenna or frequency screens
27.55(a)(4). center height, azimuth, beamwidth, is updated, the licensee may click

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74014 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Notices

Continue to return to the summary (3) For each station reported under this collection unless it displays a
screen. Entering the location, antenna or the first data collection, the following currently valid OMB control number
frequency data may trigger ULS edits receiver information. with this notice.
that require entry of certain fields and/ (a) For a fixed point-to-point Æ The first data collection detailed in
or Antenna Structure Registration transmitter: the receiver coordinates, this Public Notice has been assigned
information. In addition, changing elevation and the receive antenna’s OMB control number 3060–0798, the
information to a station that requires make, model, beamwidth, gain, filing deadline is December 27, 2005.
Quiet Zone, NEPA or international azimuth, and height to center above Æ Currently, no OMB control number
coordination may cause the application ground level. is assigned to the supplemental data
to be treated as a major modification (Note: You do not have to provide the
collection so you are not required to
and require a fee. receiver coordinates for any subscriber/ respond and there is no filing deadline.
customer premises equipment.) • The Commission has or will soon
3. Summary Screen; Error Messages; request OMB approval for the
Certify and Submit the Application (b) For a mobile or portable supplemental data collection described
transmitter: the receiver elevation, in this Public Notice.
When all information for the
covered service area, and the receive • If OMB approves the supplemental
individual locations is entered, click
antenna’s make, model, beamwidth, collection, we will issue another public
Continue to proceed to the ‘‘Summary’’
gain, and height to center above ground. notice announcing the OMB control
screen. If the system detects any errors,
(c) For a fixed point-to-multipoint or number and the deadline for filing the
a message will be displayed that directs
base-to-mobile transmitter: the supplemental data.
the licensee to go back to the relevant
approximate coverage area and type of
section of the application and correct Federal Communications Commission.
receiving equipment. If separate receive
the errors. When all errors are corrected, Lauren M. Van Wazer,
antennas are used, include the receive
click Continue to Certify. The licensee Special Counsel.
antenna’s make, model, beamwidth and
must sign application and click Submit Catherine W. Seidel,
gain.
Application to complete filing. Upon
(4) Operational status of the station, Acting Chief, Wireless Telecommunications
successful submittal, the licensee will Bureau.
including whether the station is
receive a confirmation screen listing the
providing service to customers or [FR Doc. 05–23981 Filed 12–13–05; 8:45 am]
application file number.
students. BILLING CODE 6712–01–P
II. Second, Supplemental Data (5) Type of equipment use by
Collection (Optional Pending OMB subscribers associated with this station
Approval—See Section III Below) (e.g. handheld device, fixed customer FEDERAL COMMUNICATIONS
premises equipment). COMMISSION
In order to determine the extent and (6) Number of subscribers associated
scope of operations in the 2150–2160/62 [CG Docket No. 02–278; DA 05–2975]
with the station as of November 1, 2005.
MHz band, additional information (7) The type of application being
beyond that collected on the FCC Form Rules and Regulations Implementing
provided (e.g., video, broadband data, the Telephone Consumer Protection
601 for these services is required. backhaul).
Licensees will be required to submit this Act of 1991
(8) For fixed point-to-multipoint
information electronically by filing an systems: the number of links associated AGENCY: Federal Communications
application on the Universal Licensing with the station. Commission.
System (ULS) to modify their BRS • Licensees should also note in their ACTION: Notice; comments requested.
license(s). Because this information is attachment if both BRS Channels 1 and
not normally collected on ULS, SUMMARY: In this document, the
2 are used as part of the same service
licensees will need to submit the (e.g., as a link to a two-way data Commission seeks comment on a
information as an attachment to the service). petition for declaratory ruling filed by
application. Licensees must enter the the Fax Ban Coalition (the ‘‘Coalition’’)
required FCC Form 601 Main Form III. Important Information Concerning concerning the scope of the
information even if they are submitting Your Rights Under the Paperwork Commission’s jurisdiction over
only the attachment with no other Reduction Act of 1995 interstate communications under the
changes. This Public Notice discusses two data Telephone Consumer Protection Act of
On ULS, you must select the newly collections: the first is mandatory and 1991 (‘‘TCPA’’). In particular, the
created Attachment Type: ‘‘BRS you must file the required data on or Coalition asks the Commission to:
Channel 1, 2, 2A Notification’’ and file before December 27, 2005. The second Affirm that, under its general grant of
the attachment described below—(see is optional unless and until approved by exclusive authority to regulate interstate
pages 3–4 for ULS-filing instructions) the Office of Management and Budget communications, the Commission has
The following information must be under the Paperwork Reduction Act of exclusive authority to regulate interstate
included on the attachment for each 1995. This Public Notice describes the commercial fax messages; and find that
operational station in the 2150–2160/62 supplemental data collection so section 17538.43 of the California
MHz band. licensees have the option to gather the Business and Professions Code, and all
(1) The ULS location number of the supplemental data along with the other State laws that purport to regulate
station transmitting on frequencies in required data to minimize the need to interstate facsimile transmissions, are
the 2150–2160/62 MHz band. The review similar records again if filing the preempted by the federal TCPA, 47
location number can be found on the supplemental data becomes mandatory U.S.C. 227.
‘‘Site Specific Technical Summary’’ in the future. DATES: Comments are due on or before
screen. • You are not required to respond to January 13, 2006, and reply comments
(2) Category of service (e.g., one-way a collection of information sponsored by are due on or before February 2, 2006.
or two-way; fixed point-to-point, fixed the Federal government, and the ADDRESSES: You may submit comments,
point-to-multipoint, base-to-mobile). government may not conduct or sponsor identified by [docket number and/or

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