206 / Wednesday, October 26, 2005 / Rules and Regulations 61747
* * * * * and the accompanying Eighth Report licensees to file information effective
[FR Doc. 05–21406 Filed 10–25–05; 8:45 am] and Order in ET Docket No. 00–258, upon publication of the Order in the BILLING CODE 6712–01–C FCC 05–172. Currently, neither the Federal Register. The Commission has Commission nor the public has reliable provided BRS licensees with ample time information on the construction status to file the required information and the FEDERAL COMMUNICATIONS and/or operational parameters of each ability to use the ULS to submit the COMMISSION BRS system in the 2150–2160/62 MHz information easily. As noted, reliable band that would be subject to data on each incumbent system that 47 CFR Part 2 relocation. Pursuant to Section 4(i) of would be subject to relocation is the Communications Act, 47 U.S.C. essential well in advance of the planned [ET Docket No. 00–258; FCC 05–172] 154(i), the Commission believes that auction of the 2150–2155 MHz band Advanced Wireless Services reliable, public data on each incumbent next year. system that would be subject to 2. Pursuant to Section 4(i) of the AGENCY: Federal Communications relocation is essential well in advance of Communications Act, as amended, 47 Commission. the planned auction of the 2150–2155 U.S.C. 154(i), this Order is adopted, ACTION: Final rule. MHz band next year. It notes that the October 26, 2005. The Order contains information required would ultimately information collection requirements SUMMARY: In this document, the subject to the Paperwork Reduction Act be necessary in the context of relocation Commission requires Broadband Radio of 1995 (PRA), Public Law 104–13, that negotiations. Because the Commission Service (BRS) licensees in the 2150– are not effective until approved by the now licenses the BRS service on the 2160/62 MHz band to provide Office of Management and Budget basis of geographic licensing areas, BRS information on the construction status (OMB). licensees will be required to submit 3. Pursuant to Section 5(c) of the and operational parameters of each information on the locations and Communications Act, as amended, 47 incumbent BRS system that would be operating characteristics of BRS systems U.S.C. 155(c), the Office of Engineering the subject of relocation. (e.g., the location of base or fixed and Technology and the Wireless DATES: Effective October 26, 2005. stations by coordinates, tower heights, Telecommunications Bureau Are FOR FURTHER INFORMATION CONTACT: power levels, etc.) in the 2150–2160/62 Granted Delegated Authority to Priya Shrinivasan, Office of Engineering MHz band, on other system implement the requirement set forth in & Technology, (202) 418–7005. characteristics of BRS incumbents (e.g., this Order. SUPPLEMENTARY INFORMATION: This is a subscriber numbers and types of summary of the Commission’s Order, ET equipment used), and on categories of Federal Communications Commission. Docket No. 00–258, FCC 05–172, services provided (e.g., one-way or two- Marlene H. Dortch, adopted September 23, 2005, released way service, point-to-point or point-to- Secretary. September 29, 2005. The full text of this multipoint operations, data or analog [FR Doc. 05–21408 Filed 10–25–05; 8:45 am] document is available on the video service). The Commission also BILLING CODE 6712–01–P Commission’s Internet site at http:// will require BRS licensees to provide www.fcc.gov. It is also available for this information even if the spectrum is inspection and copying during regular leased to third parties. Further, because FEDERAL COMMUNICATIONS business hours in the FCC Reference the Commission proposes relocation on COMMISSION Center (Room CY–A257), 445 12th a link-by-link basis, BRS licensees will be required, as part of the information 47 CFR Part 64 Street, SW., Washington, DC 20554. The full text of this document also may be on system design in the band, to provide [CC Docket No. 98–170 and CG Docket No. purchased from the Commission’s the number of links (including the 04–208; FCC 05–55] duplication contractor, Best Copy and connection between a base station and Printing Inc., Portals II, 445 12th St., subscriber premises equipment) within Truth-in-Billing and Billing Format; SW., Room CY–B402, Washington, DC the system for both point-to-point and National Association of State Utility 20554; telephone (202) 488–5300; fax point-to-multipoint systems. To the Consumer Advocates’ Petition for (202) 488–5563; e-mail extent that a system uses both BRS Declaratory Ruling Regarding Truth-in- FCC@BCPIWEB.COM. channels 1 and 2 as part of the same Billing service (e.g., as a link to a two-way data AGENCY: Federal Communications Summary of the Order service), BRS licensees will be required Commission. 1. In order to assist the Commission to make special note of this when ACTION: Final rule; announcement of in determining the scope of the new providing their system information. The effective date. Advanced Wireless Services (AWS) Commission notes that this list is not entrants’ obligation to relocate certain inclusive. This information will be SUMMARY: In this document, the incumbent licensees in the 2150–2162 collected through the Commission’s Commission announces that the Office MHz band, the Commission will require Universal Licensing System (ULS) and of Management and Budget (OMB) has Broadband Radio Service (BRS) made available to the public. To further approved for three years the information licensees in the 2150–2160/62 MHz this process, the Commission has collections contained in the Truth-in- band to provide the information to the delegated authority to the Office of Billing and Billing Format; National Commission within 60 days and 120 Engineering and Technology and the Association of State Utility Consumer days of the effective date of this Order Wireless Telecommunications Bureau to Advocates’ Petition for Declaratory (the filing dates will correspond to issue public notices setting forth the Ruling Regarding Truth-in-Billing, information collection requirements for specific data required of BRS licensees, Second Report and Order, Declaratory the Commission’s Universal Licensing when it is to be filed and the procedures Ruling, and Second Further Notice of System). The Commission reallocated for filing this information. Finally, the Proposed Rulemaking (Second Report this spectrum for AWS by Report and Commission finds that there is good and Order). The information collections Order, 68 FR 3455, January 24, 2003, cause to make the requirement for BRS contained in the Second Report and
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