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Federal Register / Vol. 70, No.

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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