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A. 1. a.(1)(a) i) a)#)a [ PQ)P# ## b, oT9 #)^ `> XiQ)X#   Page `Ue%)Copyright  Portola Systems, Inc. 1987, 1988 Style 9o)V6Initial Codes for Intermediate0*7].joDEî#)a [ PQ)P# dn  ## b, oT9 Њ [ #)a [ PQ)P# ## b, oT9  I. A. 1. a.(1)(a) i) a)#)a [ PQ)P# ## b, oT9 #)^ `> XiQ)X#`e%'Intermediate Legal WordPerfect Learning Guide   #)a [ PQ)P# ## b, oT9  I. A. 1. a.(1)(a) i) a)#)a [ PQ)P# ## b, oT9 #)^ `> XiQ)X#Intermediate Legal WordPerfect Learning Guide   #)a [ PQ)P# ## b, oT9  I. A. 1. a.(1)(a) i) a)#)a [ PQ)P# ## b, oT9 #)^ `> XiQ)X#   Copyright  Portola Systems, Inc.`e%APage  !#)a [ PQ)P# ## b, oT9  I. A. 1. a.(1)(a) i) a)#)a [ PQ)P# ## b, oT9 2M&#dO$$Updateo.V6Initial Codes for Update Module0*7].joDEđ#)a [ PQ)P# dn  ##  [ b, oT9 !#)a [ PQ)P# ## b, oT9 ! I. A. 1. a.(1)(a) i) a)#)a [ PQ)P# ## b, oT9 !#)^ `> XiQ)X#`Ee%$Legal WordPerfect 5.0 Update Class Learning Guide   #)a [ PQ)P# ## b, oT9 ! I. 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A. 1. a.(1)(a) i) a) D#Xj\  PG;XP# Federal Communications Commission`'CFCC 9750 ă yxdddy  #Xj\  PG;XP#Before the Federal Communications Commission Washington, D.C. 20554 #X\  PG;P# ` #Xj\  PG;XP#  In the Matter of *)  ` `  *) ` Amendment of the Commission's Rules to *) GN Docket No. 96228 Establish Part 27, the Wireless*) Communications Service ("WCS") *)  REPORT AND ORDER Đ p Adopted: February 19, 1997* pp2Released: February 19, 1997 X` hp x (#%'0*,.8135@8:X` hp x (#%'0*,.8135@8:JX` hp x (#%'0*,.8135@8: In addition, we update and clarify the frequency sharing requirements for amateur use of the 23002310 MHz and adjacent bands.KX` hp x (#%'0*,.8135@8:X` hp x (#%'0*,.8135@8: 1000 W ERP (1640 W EIRP)Q Q **r ,,,,,,,,,,,,,,,,4 <DL! * Note: * * * X` hp x  (2)Mobile and portable transmitting devices that operate in the Cellular Radiotelephone Service, the Personal Communications Services, the Satellite Communications Services, the Wireless Communications Service, the Maritime Services (ship earth stations only), and covered Specialized Mobile Radio Service providers authorized under subpart H of part 22, part 24, part 25, part 27, part 80, and part 90 of this chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use, as specified in sections 2.1091 and 2.1093 of this chapter. * * * * * * * * 3. Section 2.1091 is amended by revising the first sentence in paragraph (c) to read as follows:    2.1091 Radiofrequency radiation exposure evaluation: mobile and unlicensed devices.  * * * * *  (c)Mobile devices that operate in the Cellular Radiotelephone Service, the Personal Communications Services, the Satellite Communications Services, the Wireless Communications Service, the Maritime Services and the Specialized Mobile Radio Service authorized under subpart H of part 22 of this chapter, part 24 of this chapter, part 25 of this chapter, part 27 of this chapter, part 80 of this chapter (ship earth station devices only) and part 90 of this chapter ("covered" SMR devices only, as defined in the note to Table 1 of section 1.1307(b)(1) of this chapter), are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use if their effective radiated power (ERP) is 1.5 watts or more. * * ** * * * *   4. Section 2.1093 is amended by revising the first sentence of paragraph (c) to read as follows: F  FF  2.1093 Radiofrequency radiation exposure evaluation: portable devices. FF * * * * * FF (c)Portable devices that operate in the Cellular Radiotelephone Service, the Personal Communications Services, the Satellite Communications services, the Wireless Communications Service, the Maritime Services and the Specialized Mobile Radio Service authorized under subpart H of part 22 of this chapter, part 24 of this chapter, part 25 of this chapter, part 27 of this chapter, part 80 of this chapter (ship earth station devices only), part 90 of this chapter ("covered" SMR devices only, as defined in the note to Table 1 of section 1.1307(b)(1) of this chapter), and portable unlicensed personal communication service and millimeter wave devices authorized under section 15.253, section 15.255 or subpart D of part 15 of this chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use. * * * * * * * *    PART 2 FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS ` 1. The authority citation for part 2 continues to read as follows:  AUTHORITY: Sections 4, 302, 303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C. sections 154, 302, 303 and 307, unless otherwise noted. 2. Section 2.106, the Table of Frequency Allocations, is amended as follows:   a.Remove the existing entries for 23002450 MHz.  b.Add entries in numerical order for 23002450 MHz.  c.In the International Footnotes under heading I., add footnotes S5.150, S5.282 , S5.393, S5.394, S5.395, and S5.396 in numerical order.  d.In the International Footnotes under heading II., remove footnotes  750B, 751, 751A, and 751B.  e.Remove United States footnote US253.  f.Add United States footnotes US338 and US339 in numerical order. g.Revise United States footnotes US276 and US328.  h.Revise Government footnote G2.  i.Add Government footnotes G120, G123 and G124 in numerical order.  The revisions and additions read as follows:  2.106 Table of Frequency Allocations. * * * * *#,72PG;,P#    '3  X  \  | ddxvvvvvvv ddxvvvvvvv | *    *International tableUnited States tableFCC use designators*      *Region 1 allocation MHzRegion 2 allocation MHzRegion 3 allocation MHzGovernmentNonGovernmentRule part(s)Specialuse frequencies*  * (1) (2) (3)Allocation MHz (4)Allocation MHz (5) (6) (7)*      *********+  +  *2300!2305 FIXED MOBILE Amateur Radiolocation 2300!2305  FIXED  MOBILE  RADIOLOCATION  Amateur  S5.394 2300!2305( FIXED( MOBILE( RADIOLOCATION( Amateur( 2300 ! 2305 G123 2300 ! 2305 Amateur  Amateur (97)*    *2305!2310 FIXED MOBILE Amateur Radiolocation 2305!2310  FIXED  MOBILE  RADIOLOCATION  Amateur  S5.394 2305!2310( FIXED( MOBILE( RADIOLOCATION( Amateur( 2305 ! 2310 US338 G1232305 ! 2310 FIXED@ MOBILE@ except aeronautical mobile RADIOLOCATION@ Amateur US338 WIRELESS COMMUNICATIONS (27) Amateur (97)*    *2310!2320 FIXED MOBILE Amateur Radiolocation S5.395 2310!2320  FIXED  MOBILE  RADIOLOCATION  Amateur  S5.393 S5.394 S5.3962310!2320( FIXED( MOBILE( RADIOLOCATION( Amateur( S5.393 S5.3962310 ! 2320 Fixed Mobile US339 Radiolocation G2 S5.396 US327 US338 G1202310 ! 2320 BROADCASTING SATELLITE US327 FIXED@ MOBILE@ US339 RADIOLOCATION@ S5.396 US338  WIRELESS COMMUNICATIONS (27) Digital Audio Radio Services*+  +  *2320!2345 FIXED MOBILE Amateur Radiolocation S5.395 2320!2345  FIXED  MOBILE  RADIOLOCATION  Amateur  S5.393 S5.394 S5.3962320!2345 FIXED( MOBILE( RADIOLOCATION( Amateur( S5.393 S5.3962320!2345 Fixed Mobile US276 Radiolocation G2 S5.396 US327 US328 G1202320!2345 BROADCASTING SATELLITE US327 Mobile US276 US328 S5.396  Digital Audio Radio Services*          *2345!2360 FIXED MOBILE Amateur Radiolocation S5.395 2345!2360  FIXED  MOBILE  RADIOLOCATION  Amateur  S5.393 S5.394 S5.3962345!2360( FIXED( MOBILE( RADIOLOCATION( Amateur( S5.393 S5.3962345 ! 2360 Fixed Mobile US339 Radiolocation G2 S5.396 US327 G1202345 ! 2360 BROADCASTING SATELLITE US327 FIXED@ MOBILE@ US339 RADIOLOCATION@ S5.396  WIRELESS COMMUNICATIONS (27)Digital Audio Radio Services*    *International tableUnited States tableFCC use designators*      *Region 1 allocation MHzRegion 2 allocation MHzRegion 3 allocation MHzGovernmentNonGovernmentRule part(s)Specialuse frequencies*  * (1) (2) (3)Allocation MHz (4)Allocation MHz (5) (6) (7)*+  +  *2360!2390 FIXED MOBILE Amateur Radiolocation 2360!2390  FIXED  MOBILE  RADIOLOCATION  Amateur  S5.394 2360!2390( FIXED( MOBILE( RADIOLOCATION( Amateur( 2360 ! 2390 MOBILE US276 RADIOLOCATION G2 Fixed G1202360 ! 2390 MOBILE US276 *+  +  *2390!2400 FIXED MOBILE Amateur Radiolocation2390!2400  FIXED  MOBILE  RADIOLOCATION  Amateur S5.394 2390!2400( FIXED( MOBILE( RADIOLOCATION( Amateur2390 ! 2400 G1222390 ! 2400 AMATEUR  AMATEUR (97) Radio Frequency Devices (15)*+  +  *2400!2402 FIXED MOBILE Amateur Radiolocation S5.150 S5.282 2400!2402  FIXED  MOBILE  RADIOLOCATION  Amateur  S5.150 S5.282 S5.394 2400!2402( FIXED( MOBILE( RADIOLOCATION( Amateur( S5.150 S5.282 2400 ! 2402 S5.150 G123 2400 ! 2402 Amateur S5.150 S5.282  Amateur (97) *+  +  *2402!2417 FIXED MOBILE Amateur Radiolocation S5.150 S5.282 2402!2417  FIXED  MOBILE  RADIOLOCATION  Amateur  S5.150 S5.282 S5.394 2402!2417( FIXED( MOBILE( RADIOLOCATION( Amateur( S5.150 S5.282 2402 ! 2417 S5.150 G1222402 ! 2417 AMATEUR S5.150 S5.282 AMATEUR (97) Radio Frequency Devices (15) *+  +  *2417!2450 FIXED MOBILE Amateur Radiolocation S5.150 S5.282 2417!2450  FIXED  MOBILE  RADIOLOCATION  Amateur  S5.150 S5.282 S5.394 2417!2450( FIXED( MOBILE( RADIOLOCATION( Amateur( S5.150 S5.282 2417 ! 2450 Radiolocation G2 S5.150 S5.282 G1242417 ! 2450 Amateur S5.150 S5.282 Amateur (97) *          ********  #Xj\  PG;XP# 3'    X bINTERNATIONAL FOOTNOTES * * * * * * I. New "S" Numbering Scheme. * * * * * F FF S5.150The following bands: F" 13533-13567 kHz " " (centre frequency 13560 kHz), 2695727283 kHz " " (centre frequency 27120 kHz), 40.6640.70 MHz " " (centre frequency 40.68 MHz), 902928 MHz " " in Region 2 (centre frequency 915 MHz), 24002500 MHz " " (centre frequency 2450 MHz), 57255875 MHz " " (centre frequency 5800 MHz), and 2424.25 GHz " " (centre frequency 24.125 GHz) are also designated for industrial, scientific and medical (ISM) applications. Radiocommunication services operating within these bands must accept harmful interference which may be caused by these applications. ISM equipment operating in these bands is subject to the provisions of No. 1815/S15.13. FF S5.282In the bands 435-438 MHz, 1260-1270 MHz, 2400-2450 MHz, 3400-3410 MHz (in Regions 2 and 3 only) and 5650-5670 MHz, the amateursatellite service may operate subject to not causing harmful interference to other services operating in accordance with the Table (see No.S5.43). Administrations authorizing such use shall ensure that any harmful interference caused by emissions from a station in the amateursatellite service is immediately eliminated in accordance with the provisions of No. 2741/S25.11. The use of the bands 1260-1270 MHz and 5650-5670MHz by the amateursatellite service is limited to the Earthtospace direction. * * * * * FF S5.393Additionalallocation: in the United States and India, the band 2310-2360MHz is also allocated to the broadcasting-satellite service (sound) and complementary terrestrial sound broadcasting service on a primary basis. Such use is limited to digital audio broadcasting and is subject to the provisions of Resolution528(WARC-92). FF S5.394In the United States, the use of the band 2300-2390 MHz by the aeronautical mobile service for telemetry has priority over other uses by the mobile services. In Canada, the use of the band 2300-2483.5MHz by the aeronautical mobile service for telemetry has priority over other uses by the mobile services. FF S5.395In France, the use of the band 2310-2360MHz by the aeronautical mobile service for telemetry has priority over other uses by the mobile service.FF S5.396Space stations of the broadcasting-satellite service in the band 2310-2360MHz operating in accordance with No.S5.393 that may affect the services to which this band is allocated in other countries shall be coordinated and notified in accordance with Resolution33. Complementary terrestrial broadcasting stations shall be subject to bilateral coordination with neighboring countries prior to their bringing into use. * * * * * UNITED STATES (US) FOOTNOTES  * * * * * FF FF US276Except as otherwise provided for herein, use of the bands 23202345 and 23602390 MHz by the mobile service is limited to aeronautical telemetering and associated telecommand operations for flight testing of manned or unmanned aircraft, missiles or major components thereof. The following four frequencies are shared on a coequal basis by Government and nonGovernment stations for telemetering and associated telecommand operations of expendable and reusable launch vehicles whether or not such operations involve flight testing: 2332.5, 2364.5, 2370.5, and 2382.5 MHz. All other mobile telemetering uses shall be secondary to the above uses. * * * * * FF US328In the band 23202345 MHz, the mobile and radiolocation services are allocated on a primary basis until a broadcastingsatellite (sound) service has been brought into use in such a manner as to affect or be affected by the mobile and radiolocation services in those service areas. The broadcastingsatellite (sound) service during implementation should also take cognizance of the expendable and reusable launch vehicle frequency 2332.5 MHz, to minimize the impact on this mobile service use to the extent possible. * * * * * FF US338In the 2305-2310 MHz band, spacetoEarth operations are prohibited. Additionally, in the 23052320 MHz band, all Wireless Communications Service (WCS) operations within 50 kilometers of 35o 20- North Latitude and 116o 53- West Longitude shall be coordinated through the Frequency Assignment Subcommittee of the Interdepartment Radio Advisory Committee in order to minimize harmful interference to NASA's Goldstone Deep Space facility. FF US339The bands 23102320 and 23452360 MHz are also available for aeronautical telemetering and associated telecommand operations for flight testing of manned or unmanned aircraft, missiles or major components thereof on a secondary basis to the Wireless Communications Service. The following two frequencies are shared on a coequal basis by Government and nonGovernment stations for telemetering and associated telecommand operations of expendable and reusable launch vehicles whether or not such operations involve flight testing: 2312.5 and 2352.5 MHz. Other mobile telemetering uses may be provided on a noninterference basis to the above uses. The broadcastingsatellite (sound) service during implementation should also take cognizance of the expendable and reusable launch vehicle frequencies 2312.5 and 2352.5 MHz, to minimize the impact on this mobile service use to the extent possible. * * * * * GOVERNMENT FOOTNOTES * * * * * F FF G2In the bands 216225, 420450 (except as provided by US217), 890902, 928942, 13001400, 23102390, 24172450, 27002900, 56505925, and 90009200 MHz, the Government radiolocation is limited to the military services. * * * * * FS FF G120SSDevelopment of airborne primary radars in the band 23102390 MHz with peak transmitter power in excess of 250 watts for use in the United States is not permitted. * * * * * FF G123SSThe bands 23002310 and 24002402 MHz were identified for reallocation, effective August 10, 1995, for exclusive nonGovernment use under Title VI of the Omnibus Budget Reconciliation Act of 1993. Effective August 10, 1995, any Government operations in these bands are on a noninterference basis to authorized nonGovernment operations and shall not hinder the implementation of any nonGovernment operations. FF G124SSThe band 24172450 MHz was identified for reallocation, effective August 10, 1995, for mixed Government and nonGovernment use under Title VI of the Omnibus Budget Reconciliation Act of 1993. S  3. Section 2.1091 is amended by revising the first sentence in paragraph (c) to read as follows :   2.1091 Radiofrequency radiation exposure evaluation: mobile and unlicensed devices.  * * * * * F FF (c)Mobile devices that operate in the Cellular Radiotelephone Service, the Personal Communications Services, the Satellite Communications Services, the Wireless Communications Service, the Maritime Services and the Specialized Mobile Radio Service authorized under subpart H of part 22 of this chapter, part 24 of this chapter, part 25 of this chapter, part 27 of this chapter, part 80 of this chapter (ship earth station devices only) and part 90 of this chapter ("covered" SMR devices only, as defined in the note to Table 1 of section 1.1307(b)(1) of this chapter), are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use if their effective radiated power (ERP) is 1.5 watts or more. * * * * * * * * F  4. Section 2.1093 is amended by revising the first sentence of paragraph (c) to read as follows: F  FF  2.1093 Radiofrequency radiation exposure evaluation: portable devices. FF * * * * * FF (c)Portable devices that operate in the Cellular Radiotelephone Service, the Personal Communications Services, the Satellite Communications services, the Wireless Communications Service, the Maritime Services and the Specialized Mobile Radio Service authorized under subpart H of part 22 of this chapter, part 24 of this chapter, part 25 of this chapter, part 27 of this chapter, part 80 of this chapter (ship earth station devices only), part 90 of this chapter ("covered" SMR devices only, as defined in the note to Table 1 of section 1.1307(b)(1) of this chapter), and portable unlicensed personal communication service and millimeter wave devices authorized under section 15.253, section 15.255 or subpart D of part 15 of this chapter are subject to routine environmental evaluation for RF exposure prior to equipment authorization or use. * * * * * * * * 5. A new part 27 is added to read as follows:  '` PART 27 WIRELESS COMMUNICATIONS SERVICE Đ '` @ Subpart A General Information Sec. ` 27.1Basis and purpose. 27.2Permissible communications. 27.3Other applicable rule parts. 27.4Terms and definitions. 27.5 Frequencies. 27.6Service areas. b  Subpart B Applications and Licenses `  27.11Initial authorization. 27.12Eligibility. 27.13License period. 27.14Construction requirements; Criteria for comparative renewal proceedings. 27.15Geographic partitioning and spectrum disaggregation. F Subpart C Technical Standards ă * 27.51Equipment authorization. 27.52RF safety. 27.53Emission limits. 27.54Frequency stability. 27.55Field strength limits. 27.56Antenna structures; air navigation safety. 27.57International coordination. 27.59Environmental requirements. 27.61Quiet zones. 27.63Disturbance of AM broadcast station antenna patterns. 27.64Protection from interference.  Subpart D -- Competitive Bidding Procedures for WCS Đ* S` 27.201SSWCS subject to competitive bidding. 27.202SSCompetitive bidding mechanisms. 27.203SSWithdrawal, default and disqualification payments. 27.204SSBidding application and certification procedures; prohibition of collusion. 27.205SSSubmission of upfront payments. 27.206SSSubmission of down payment and filing of longform applications. 27.207SSProcedures for filing petitions to deny against longform WCS applications. 27.208SSLicense grant, denial, default, and disqualification. 27.209SSDesignated entities; bidding credits; unjust enrichment. 27.210SSDefinitions.  Subpart E -- Application, Licensing, and Processing Rules for WCS * ă S` 27.301SSAuthorization required. 27.302SSEligibility. 27.303SSFormal and informal applications. 27.304SSFiling of WCS applications, fees, and numbers of copies. 27.305SSSReserved. 27.306SSMiscellaneous forms.27.307SSGeneral application requirements. 27.308SSTechnical content of applications. 27.310SSWaiver of rules. 27.311SSDefective applications. 27.312SSInconsistent or conflicting applications. 27.313SSSAmendment of applications for Wireless Communications Service (other than applications filed on FCC Form 175). 27.314SSSApplication for temporary authorizations. 27.315SSSReceipt of application; applications in the Wireless Communications Service filed on FCC Form 175 and other applications in the WCS Service. 27.316SSSPublic notice period. 27.317SSSDismissal and return of applications. 27.319SSSOwnership changes and agreements to amend or dismiss applications or pleadings. 27.320SSOpposition to applications. 27.321SSSMutually exclusive applications. 27.322SSSConsideration of applications. 27.323SSSReserved. 27.324SSSTransfer of control or assignment of station authorization. 27.325SSTermination of authorization. AUTHORITY: 47 U.S.C. sections 154, 301, 302, 303, 307, 309 and 332, unless otherwise noted.  Subpart A General Information `    27.1 Basis and purpose. `  `  This section contains the statutory basis for this part of the rules and provides the purpose for which this part is issued.   (a)Basis. The rules for the Wireless Communications Service (WCS) in this part are promulgated under the provisions of the Communications Act of 1934, as amended, that vest authority in the Federal Communications Commission to regulate radio transmission and to issue licenses for radio stations.  (b)Purpose. This part states the conditions under which the 23052320 MHz and 23452360 MHz bands are made available and licensed for the provision of WCS.  (c)Scope. The rules in this part apply only to stations authorized under this part.   27.2 Permissible communications.  Subject to the rules contained herein, fixed, mobile and radiolocation services may be provided using the 23052320 and 23452360 MHz bands. In addition, satellite digital audio radio service (DARS) may be provided using the 23102320 and 23452360 MHz bands. Satellite DARS service shall be provided in manner consistent with part 25 of this chapter.   27.3 Other applicable rule parts.  Other FCC rule parts applicable to the Wireless Communications Service include the following:  (a)Part0. This part describes the Commission's organization and delegations of authority. Part 0 of this chapter also lists available Commission publications, standards and procedures for access to Commission records, and location of Commission Field Offices.  (b)Part1. This part includes rules of practice and procedure for license applications, adjudicatory proceedings, procedures for reconsideration and review of the Commission's actions; provisions concerning violation notices and forfeiture proceedings; competitive bidding procedures; and the environmental requirements that, if applicable, must be complied with prior to the initiation of construction.  (c)Part2. This part contains the Table of Frequency Allocations and special requirements in international regulations, recommendations, agreements, and treaties. This part also contains standards and procedures concerning the marketing and importation of radio frequency devices, and for obtaining equipment authorization.  (d)Part5. This part contains rules prescribing the manner in which parts of the radio frequency spectrum may be made available for experimentation.  (e)Part17. This part contains requirements for construction, marking and lighting of antenna towers.  (f)Part25. This part contains the requirements for satellite communications, including satellite DARS.  (g)Part51. This part contains general duties of telecommunications carriers to provide for interconnection with other telecommunications carriers.  (h)Part68. This part contains technical standards for connection of terminal equipment to the telephone network.   27.4 Terms and definitions.  Assigned Frequency. The center of the frequency band assigned to a station.  Authorized Bandwidth. The maximum width of the band of frequencies permitted to be used by a station. This is normally considered to be the necessary or occupied bandwidth, whichever is greater.  Average Terrain. The average elevation of terrain between 3 and 16 kilometers from the antenna site.  Effective Radiated Power (ERP) (in a given direction). The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction.  Equivalent Isotropically Radiated Power (EIRP). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna.  Fixed Service. A radio communication service between specified fixed points.  Fixed Station. A station in the fixed service.   Land Mobile Service. A mobile service between base stations and land mobile stations, or between land mobile stations.  Land Mobile Station. A mobile station in the land mobile service capable of surface movement within the geographic limits of a country or continent.  Land Station. A station in the mobile service not intended to be used while in motion.  Mobile Service. A radio communication service between mobile and land stations, or between mobile stations.  Mobile Station. A station in the mobile service intended to be used while in motion or during halts at unspecified points.  National Geodetic Reference System (NGRS). The name given to all geodetic control data contained in the National Geodetic Survey (NGS) data base. (Source: National Geodetic Survey, U.S. Department of Commerce)  Radiodetermination. The determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to these parameters, by means of the propagation properties of radio waves.  Radiolocation. Radiodetermination used for purposes other than those of radionavigation.  Radionavigation. Radiodetermination used for the purpose of navigation, including obstruction warning.  Satellite Digital Audio Radio Service (satellite DARS). A radiocommunication service in which compact disc quality programming is digitally transmitted by one or more space stations.  Wireless Communications Service. A radiocommunication service that encompasses fixed, mobile, satellite DARS, and radiolocation services.   27.5 Frequencies.  The following frequencies are available for WCS.  (a)Two paired channel blocks are available for assignment on a Major Economic Area basis as follows:   Block A:23052310 and 23502355 MHz; and Block B:23102315 and 23552360 MHz.  (b)Two unpaired channel blocks are available for assignment on a Regional Economic Area Grouping basis as follows: Block C:23152320 MHz; and Block D:23452350 MHz.   27.6 Service areas.  WCS service areas are Major Economic Areas (MEAs) and Regional Economic Area Groupings (REAGs) as defined below. Both MEAs and REAGs are based on the U.S. Department of Commerce's 172 Economic Areas (EAs). See 60 Federal Register 13114 (March 10, 1995). In addition, the Commission shall separately license Guam and the Northern Mariana Islands, Puerto Rico and the United States Virgin Islands, American Samoa, and the Gulf of Mexico, which have been assigned Commissioncreated EA numbers 173176, respectively. Maps of the EAs, MEAs, and REAGs and the Federal Register Notice that established the 172 EAs are available for public inspection and copying at the Commercial Wireless Division Public Reference Room, Room 5608, 2025 M Street, N.W., Washington, D.C.  (a)The 52 MEAs are composed of one or more EAs and the 12 REAGs are composed of one or more MEAs, as defined in the table below: T ddx( ( ( ddx( ( ( T   REAGsMEAsEAs  1 (Northeast)1 (Boston)13q q 2 (New York City)47, 10q q 3 (Buffalo)8q q 4 (Philadelphia)1112  2 (Southeast)5 (Washington)1314q q 6 (Richmond)1517, 20Z Z 7 (CharlotteGreensboroGreenvilleRaleigh)1819, 2126, 4142, 46q q 8 (Atlanta)2728, 3740, 43q q 9 (Jacksonville)29, 35Z Z 10 (TampaSt. PetersburgOrlando)30, 3334q q 11 (Miami)3132   3 (Great Lakes)12 (Pittsburgh)9, 5253q q 13 (CincinnatiDayton)4850q q 14 (Columbus)51q q 15 (Cleveland)5455q q 16 (Detroit)5658, 6162q q 17 (Milwaukee)5960, 63, 104105, 108q q 18 (Chicago)6466, 68, 97, 101q q 19 (Indianapolis)67q q 20 (MinneapolisSt. Paul)106107, 109114, 116Z Z 21 (Des MoinesQuad Cities)100, 102103, 117   4 (Mississippi Valley)22 (Knoxville)4445Z Z 23 (LouisvilleLexingtonEvansville)47, 6970, 72q q 24 (Birmingham)36, 74, 7879q q 25 (Nashville)71q q 26 (MemphisJackson)73, 7577Z Z 27 (New OrleansBaton Rouge)8085q q 28 (Little Rock)9092, 95q q 29 (Kansas City)93, 99, 123q q 30 (St. Louis)94, 96, 98   5 (Central)31 (Houston)8687, 131Z Z 32 (DallasFort Worth)8889, 127130, 135, 137138q q 33 (Denver)115, 140143q q 34 (Omaha)118121q q 35 (Wichita)122q q 36 (Tulsa)124q q 37 (Oklahoma City)125126q q 38 (San Antonio)132134q q 39 (El PasoAlbuquerque)136, 139, 155157q q 40 (Phoenix)154, 158159  6 (West)41 (SpokaneBillings)144147, 168q q 42 (Salt Lake City)148150, 152Z Z 43 (San FranciscoOaklandSan Jose)151, 162165q q 44 (Los AngelesSan Diego)153, 160161q q 45 (Portland)166167q q 46 (Seattle)169170  7 (Alaska)47 (Alaska)171q q 8 (Hawaii)48 (Hawaii)172Z Z 9 (Guam and the Northern Mariana Islands)49 (Guam and the Northern Mariana Islands)173Z Z 10 (Puerto Rico and U.S. Virgin Islands) 50 (Puerto Rico and U.S. Virgin Islands) 174q q 11 (American Samoa)51 (American Samoa)175    12 (Gulf of Mexico)52 (Gulf of Mexico)176  (b)The Gulf of Mexico EA extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. b Subpart B Applications and Licenses *   27.11 Initial authorization.  (a)An applicant must file an application for an initial WCS authorization in each market and channel block desired. Applicants are permitted to list all markets and channel blocks in a single application where all requisite exhibits and justifications are identical.  (b)The initial WCS authorizations shall be granted for 10 megahertz of spectrum in accordance with section 27.5. Authorizations for Blocks A and B will be based on Major Economic Areas (MEAs), as shown in section 27.6. Authorizations for Block C will be based on Regional Economic Area Groupings (REAGs), as shown in section 27.6. Applications for individual sites are not required and will not be accepted, except where required for environmental assessments, in accordance with section 27.63.   27.12 Eligibility.  Any entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. section 310, is eligible to hold a license under this part.   27.13 License period.  Initial WCS authorizations will have a term not to exceed ten years from the date of original issuance or renewal.   27.14 Construction requirements; Criteria for comparative renewal proceedings.  (a)WCS licensees must make a showing of "substantial service" in their license area within ten years of being licensed. "Substantial" service is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it.  (b)A renewal applicant involved in a comparative renewal proceeding shall receive a preference, commonly referred to as a renewal expectancy, which is the most important comparative factor to be considered in the proceeding, if its past record for the relevant license period demonstrates that:  (1)The renewal applicant has provided "substantial" service during its past license term; and  (2)The renewal applicant has substantially complied with applicable FCC rules, policies and the Communications Act of 1934, as amended.  (c)In order to establish its right to a renewal expectancy, a WCS renewal applicant involved in a comparative renewal proceeding must submit a showing explaining why it should receive a renewal expectancy. At a minimum, this showing must include:  (1)A description of its current service in terms of geographic coverage and population served;  (2)An explanation of its record of expansion, including a timetable of new construction to meet changes in demand for service;  (3)A description of its investments in its WCS system; and  (4)Copies of all FCC orders finding the licensee to have violated the Communications Act or any FCC rule or policy; and a list of any pending proceedings that relate to any matter described in this paragraph.  (d)In making its showing of entitlement to a renewal expectancy, a renewal applicant may claim credit for any system modification applications that were pending on the date it filed its renewal application. Such credit will not be allowed if the modification application is dismissed or denied.   27.15 Geographic partitioning and spectrum disaggregation.  (a)Eligibility.  (1)Parties seeking approval for partitioning and disaggregation shall request from the Commission an authorization for partial assignment of a license pursuant to section 27.324.  (2)WCS licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses. (b)Technical Standards.   (1)Partitioning. In the case of partitioning, requests for authorization for partial assignment of a license must include, as attachments, a description of the partitioned service area and a calculation of the population of the partitioned service area and the licensed geographic service area. The partitioned service area shall be defined by coordinate points at every 3 degrees along the partitioned service area unless an FCC recognized service area is utilized (i.e., Major Trading Area, Basic Trading Area, Metropolitan Service Area, Rural Service Area, Economic Area, or Major Economic Area) or county lines are followed. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1927 North American Datum (NAD27). Applicants may supply geographical coordinates based on 1983 North American Datum (NAD83) in addition to those required (NAD27). In the case where an FCC recognized service area or county lines are utilized, applicants need only list the specific area(s) (through use of FCC designations or county names) that constitute the partitioned area.  (2)Disaggregation. Spectrum may be disaggregated in any amount.  (3)Combined Partitioning and Disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation.  (4)Signal Levels. For purposes of partitioning and disaggregation, WCS systems must be designed so as not to exceed a signal level of 47 dBV/m at the licensee's service area boundary, unless the affected adjacent service area licensees have agreed to a different signal level. See section 27.55.  (c)Unjust Enrichment.  (1)Bidding Credits. Licensees that received a bidding credit and partition their licenses or disaggregate their spectrum to entities not meeting the eligibility standards for such a bidding credit, will be subject to the provisions concerning unjust enrichment as set forth in section 27.209(c).  (2)Apportioning Unjust Enrichment Payments. Unjust enrichment payments for partitioned license areas shall be calculated based upon the ratio of the population of the partitioned license area to the overall population of the license area and by utilizing the most recent census data. Unjust enrichment payments for disaggregated spectrum shall be calculated based upon the ratio of the amount of spectrum disaggregated to the amount of spectrum held by the licensee.  (d)License Term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in section 27.13.  F Subpart C Technical Standards ă   27.51 Equipment authorization.  (a)Each transmitter utilized for operation under this part and each transmitter marketed, as set forth in section 2.803 of this chapter, must be of a type that has been authorized by the Commission under its type acceptance procedure.  (b)The Commission periodically publishes a list of type accepted equipment, entitled "Radio Equipment List, Equipment Accepted for Licensing." Copies of this list are available for public reference at the Commission's offices in Washington, D.C., at each of its field offices, and may be ordered from its copy contractor.  (c)Any manufacturer of radio transmitting equipment to be used in these services may request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter. Equipment authorization for an individual transmitter may be requested by an applicant for a station authorization by following the procedures set forth in part 2 of this chapter. Such equipment if approved or accepted will not normally be included in the Commission's Radio Equipment List but will be individually enumerated on the station authorization.    27.52 RF safety.  Licensees and manufacturers are subject to the radio frequency radiation exposure requirements specified in sections 1.1307(b), 2.1091, and 2.1093 of this chapter, as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements for both fundamental emissions and unwanted emissions. Technical information showing the basis for this statement must be submitted to the Commission upon request.   27.53 Emission limits.  (a)The power of any emission outside the licensee's bands of operation shall be attenuated below the transmitter power (p) within the licensed bands of operation by the following amounts:  (1)For fixed operations, including radiolocation: By a factor not less than 80 + 10 log (p) dB on all frequencies between 2320 and 2345 MHz.  (2)For mobile operations, including radiolocation: By a factor not less than 110 + 10 log (p) dB on all frequencies between 2320 and 2345 MHz.  (3)For fixed and mobile operations, including radiolocation: By a factor not less than 70 + 10 log (p) dB on all frequencies below 2300 MHz and on all frequencies above 2370 MHz; and not less than 43 + 10 log (p) dB on all frequencies between 2300 and 2320 MHz and on all frequencies between 2345 and 2370 MHz that are outside the licensed bands of operation.  (4)For the purposes of this section, radiolocation shall be classified as either a fixed or mobile service, depending upon the application.  (5)Compliance with these provisions is based on the use of measurement instrumentation employing a resolution bandwidth of 1 MHz or less, but at least one percent of the emission bandwidth of the fundamental emission of the transmitter, provided the measured energy is integrated over a 1 MHz bandwidth.    (6)In complying with the requirements in sections 27.53(a)(1) and 27.53(a)(2), WCS equipment that uses opposite sense circular polarization from that used by satellite DARS systems in the 23202345 MHz band shall be permitted an allowance of 10 dB.  (7)When measuring the emission limits, the nominal carrier frequency shall be adjusted as close to the edges, both upper and lower, of the licensee's bands of operation as the design permits.  (8)The measurements of emission power can be expressed in peak or average values, provided they are expressed in the same parameters as the transmitter power.  (9)The above outofband emissions limits may be modified by the private contractual agreement of the affected licensees, who shall maintain a copy of the agreement in their station files and disclose it to prospective assignees or transferees or, upon request, to the Commission.  (b)ForWCSsatelliteDARSoperations: The limits set forth in section 25.202(f) of this chapter apply, except that satellite DARS operations are limited to a maximum power flux density of 197 dBW/m2/4 kHz in the 23702390 MHz band at Arecibo, Puerto Rico.  (c)When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section.   27.54 Frequency stability.  The frequency stability shall be sufficient to ensure that the fundamental emissions stay within the authorized bands of operation.   27.55 Field strength limits.  The predicted or measured median field strength at any location on the border of a WCS service area shall not exceed 47 dBV/m unless the parties agree to a different field strength. This value applies to both the initially offered REAG service areas and to partitioned service areas.   27.56 Antenna structures; air navigation safety.  A licensee that owns its antenna structure(s) must not allow such antenna structure(s) to become a hazard to air navigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if required by part 17 of this chapter, and for installing and maintaining any required marking and lighting. However, in the event of default of this responsibility by an antenna structure owner, the FCC permittee or licensee authorized to use an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure continues to meet the requirements of part 17 of this chapter. See section 17.6 of this chapter.  (a)Markingandlighting. Antenna structures must be marked, lighted and maintained in accordance with part 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration. For any construction or alteration that would exceed the requirements of section17.7 of this chapter, licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAAForm7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCCForm854) with the FCC, WTB, 1270 Fairfield Road, Gettysburg, PA 17325.  (b)Maintenancecontracts. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) may enter into contracts with other entities to monitor and carry out necessary maintenance of antenna structures. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) that make such contractual arrangements continue to be responsible for the maintenance of antenna structures in regard to air navigation safety.   27.57 International coordination.  WCS operations in the border areas shall be subject to coordination with those countries and provide protection to nonU.S. operations in the 23052320 and 23452360 MHz bands as appropriate. In addition, satellite DARS operations in WCS spectrum shall be subject to international satellite coordination procedures.   27.59 Environmental requirements.  WCS operations that may have a significant environmental impact as defined by sections 1.1301 through 1.1319 of this chapter, must file an FCC Form 600 and supply specific technical information about their proposed site prior to construction of such site as well as an environmental assessment (EA) in accordance with sections 1.1301 through 1.1319 of this chapter. Such application will be placed on public notice in accordance with section 27.316 and may not be constructed or operated prior to a finding of no significant impact (FONSI) being issued and placed on public notice by the FCC.   27.61 Quiet zones.  Quiet zones are those areas where it is necessary to restrict radiation so as to minimize possible impact on the operations of radio astronomy or other facilities that are highly sensitive to interference. The areas involved and procedures required are as follows:  (a)NRAO, NRRO. The requirements of this paragraph are intended to minimize possible interference at the National Radio Astronomy Observatory site located at Green Bank, Pocahontas County, West Virginia, and at the Naval Radio Research Observatory site at Sugar Grove, Pendleton County, West Virginia. WCS licensees planning to construct and operate a new or modified WCS station at a permanent fixed location within the area bounded by N.39$15- on the north, W.78$30- on the east, N.37$30- on the south, and W.80$30- on the west must notify the Director, National Radio Astronomy Observatory, Post Office Box No. 2, Green Bank, WV 24944, in writing, of the technical details of the proposed operation. The notification must include the geographical coordinates of the antenna location, the antenna height, antenna directivity (if any), the channel, the emission type and power.  (b)Table Mountain. The requirements of this paragraph are intended to minimize possible interference at the Table Mountain Radio Receiving Zone of the Research Laboratories of the U.S. Department of Commerce located in Boulder County, Colorado.  (1)WCS licensees planning to construct and operate a new or modified WCS station at a permanent fixed location in the vicinity of Boulder County, Colorado are advised to give consideration, prior to filing applications, to the need to protect the Table Mountain Radio Receiving Zone from interference. To prevent degradation of the present ambient radio signal level at the site, the U.S. Department of Commerce seeks to ensure that the field strengths of any radiated signals (excluding reflected signals) received on this 1800 acre site (in the vicinity of coordinates 40$07-50. North Latitude, 105$14-40. West Longitude) resulting from new assignments (other than mobile stations) or from the modification or relocation of existing facilities do not exceed the values given in Table C-3. Table C3 Field Strength Limits for Table Mountain T dX`( ( ( """ dX`( ( ( """T   Frequency rangeField strengthPower flux density    890 to 3000 MHz1 mV/mܩ85.8 dBW/m2Note: Equivalent values of power flux density are calculated assuming free space characteristic impedance of 376.72 (120! 2).  (2)Advance consultation is recommended, particularly for WCS licensees that have no reliable data to indicate whether the field strength or power flux density figures in the above table would be exceeded by their proposed radio facilities. In general, coordination is recommended for:  (i)Stations located within 2.4 kilometers (1.5 miles);  (ii)Stations located within 4.8 kilometers (3 miles) transmitting with 50 watts or more effective radiated power (ERP) in the primary plane of polarization in the azimuthal direction of the Table Mountain Radio Receiving Zone;  (iii)Stations located within 16kilometers (10miles) transmitting with 1kW or more ERP in the primary plane of polarization in the azimuthal direction of Table Mountain Radio Receiving Zone;  (iv)Stations located within 80kilometers (50miles) transmitting with 25kW or more ERP in the primary plane of polarization in the azimuthal direction of Table Mountain Receiving Zone.  (3)WCS licensees are urged to communicate with the Radio Frequency Management Coordinator, U.S. Department of Commerce, Research Support Services NOAAR/E5X2, Boulder Laboratories, Boulder, CO 80303; telephone (303) 497-6548, in advance of construction and operation of such facilities.  (c)Federal Communications Commission protected field offices. The requirements of this paragraph are intended to minimize possible interference to FCC monitoring activities.  (1)WCS licensees planning to construct and operate a new or modified WCS station at a permanent fixed location in the vicinity of an FCC protected field office are advised to give consideration to the need to avoid interfering with the monitoring activities of that office. FCC protected field offices are listed in section0.121 of this chapter.  (2)Applications for stations (except mobile stations) that could produce on any channel a direct wave fundamental field strength of greater than 10mV/m (-65.8dBW/m2 power flux density assuming a free space characteristic impedance of 120!2) in the authorized bandwidth at the protected field office must be examined by WCS licensees to determine the potential for interference with monitoring activities.  (3)In the event that the calculated field strength exceeds 10mV/m at the protected field office site, or if there is any question whether field strength levels might exceed that level, advance consultation with the FCC to discuss possible measures to avoid interference to monitoring activities should be considered. WCS licensees may communicate with: Chief, Compliance and Information Bureau, Federal Communications Commission, Washington, DC 20554.  (4)Advance consultation is recommended for WCS licensees that have no reliable data to indicate whether the field strength or power flux density figure indicated would be exceeded by their proposed radio facilities. In general, coordination is recommended for:  (i)Stations located within 2.4 kilometers (1.5 miles);  (ii)Stations located within 4.8 kilometers (3 miles) with 50 watts or more average effective radiated power (ERP) in the primary plane of polarization in the azimuthal direction of the protected field offices.  (iii)Stations located within 16 kilometers (10 miles) with 1 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the protected field office;  (iv)Stations located within 80 kilometers (50 miles) with 25 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the protected field office;  (5)Advance coordination for stations transmitting on channels above 1000MHz is recommended only if the proposed station is in the vicinity of a protected field office designated as a satellite monitoring facility in section0.121 of this chapter.  (6)The FCC will not screen applications to determine whether advance consultation has taken place. However, such consultation may serve to avoid the need for later modification of the authorizations of stations that interfere with monitoring activities at protected field offices.  27.63Disturbance of AM broadcast station antenna patterns.  WCS licensees that construct or modify towers in the immediate vicinity of AM broadcast stations are responsible for measures necessary to correct disturbance of the AM station antenna pattern which causes operation outside of the radiation parameters specified by the FCC for the AM station, if the disturbance occurred as a result of such construction or modification.  (a)Nondirectional AM stations. If tower construction or modification is planned within 1kilometer (0.6mile) of a nondirectional AM broadcast station tower, the WCS licensee must notify the licensee of the AM broadcast station in advance of the planned construction or modification. Measurements must be made to determine whether the construction or modification would affect the AM station antenna pattern. The WCS licensee is responsible for the installation and continued maintenance of any detuning apparatus necessary to restore proper nondirectional performance of the AM station tower. (b)Directional AM stations. If tower construction or modification is planned within 3kilometers (1.9miles) of a directional AM broadcast station array, the WCS licensee must notify the licensee of the AM broadcast station in advance of the planned construction or modification. Measurements must be made to determine whether the construction or modification would affect the AM station antenna pattern. The WCS licensee is responsible for the installation and continued maintenance of any detuning apparatus necessary to restore proper performance of the AM station array.   27.64 Protection from interference. Wireless Communications Service (WCS) stations operating in full accordance with applicable FCC rules and the terms and conditions of their authorizations are normally considered to be noninterfering. If the FCC determines, however, that interference which significantly interrupts or degrades a radio service is being caused, it may, after notice and an opportunity for a hearing, require modifications to any WCS station as necessary to eliminate such interference.  (a)Failure to operate as authorized. Any licensee causing interference to the service of other stations by failing to operate its station in full accordance with its authorization and applicable FCC rules shall discontinue all transmissions, except those necessary for the immediate safety of life or property, until it can bring its station into full compliance with the authorization and rules.  (b)Intermodulation interference. Licensees should attempt to resolve such interference by technical means.  (c)Situations in which no protection is afforded. Except as provided elsewhere in this part, no protection from interference is afforded in the following situations:  (1)Interference to base receivers from base or fixed transmitters. Licensees should attempt to resolve such interference by technical means or operating arrangements.  (2)Interference to mobile receivers from mobile transmitters. No protection is provided against mobiletomobile interference.  (3)Interference to base receivers from mobile transmitters. No protection is provided against mobiletobase interference.  (4)Interference to fixed stations. Licensees should attempt to resolve such interference by technical means or operating arrangements.  (5)Anomalous or infrequent propagation modes. No protection is provided against interference caused by tropospheric and ionospheric propagation of signals.  Subpart D -- Competitive Bidding Procedures for WCS ă    27.201 WCS subject to competitive bidding.  Mutually exclusive initial applications to provide WCS service are subject to competitive bidding procedures. The procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise specified in this part.   27.202 Competitive bidding mechanisms.  In addition to the provisions of section 1.2104(a) through (f), (h) and (i), the following provision will apply to WCS: where a tie bid occurs, the high bidder will be determined by the order in which the bids were received by the Commission.   27.203 Withdrawal, default and disqualification payments.  When the Commission conducts a simultaneous multiple round auction pursuant to section 27.202, the Commission will impose payments on bidders who withdraw high bids during the course of an auction, or who default on payments due after an auction closes or who are disqualified. When the amount of such a payment cannot be determined, a deposit of up to 20 percent of the amount bid on the license will be required.  (a)Bid withdrawal prior to close of auction. A bidder who withdraws a high bid during the course of an auction will be subject to a payment equal to the difference between the amount bid and the amount of the winning bid the next time the license is offered by the Commission. No withdrawal payment would be assessed if the subsequent winning bid exceeds the withdrawn bid. This payment amount will be deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission.  (b)Default or disqualification after close of auction. If a high bidder defaults or is disqualified after the close of such an auction, the defaulting bidder will be subject to the payment in paragraph (a) of this section plus an additional payment equal to 3 percent of the subsequent winning bid. If the subsequent winning bid exceeds the defaulting bidder's bid amount, the 3 percent payment will be calculated based on the defaulting bidder's bid amount. These amounts will be deducted from any upfront payments or down payments that the defaulting or disqualified bidder has deposited with the Commission.   27.204 Bidding application and certification procedures; prohibition of collusion.  (a)Submission of ShortForm Application (FCC Form 175). In order to be eligible to bid, an applicant must timely submit, by means of electronic filing, a short-form application (FCC Form 175). Unless otherwise provided by public notice, the Form 175 need not be accompanied by an upfront payment (see section 27.205). (1)All Form 175s will be due on the date specified by public notice.  (2)The Form 175 must contain the following information:  (i)Identification of each license on which the applicant wishes to bid;  (ii)The applicant's name, if the applicant is an individual. If the applicant is a corporation, then the short-form application will require the name and address of the corporate office and the name and title of an officer or director. If the applicant is a partnership, then the application will require the names, citizenship and addresses of all partners, and, if a partner is not a natural person, then the name and title of a responsible person should be included as well. If the applicant is a trust, then the name and address of the trustee will be required. If the applicant is none of the above, then it must identify and describe itself and its principals or other responsible persons;  (iii)The identity of the person(s) authorized to make or withdraw a bid;  (iv)If the applicant applies as a designated entity pursuant to section 27.210(b), a statement to that effect and a declaration, under penalty of perjury, that the applicant is qualified as a designated entity under section 27.210(b).  (v)Certification that the applicant is legally, technically, financially and otherwise qualified pursuant to section 308(b) of the Communications Act of 1934, as amended. The Commission will accept applications certifying that a request for waiver or other relief from the requirements of section 310 is pending;  (vi)Certification that the applicant is in compliance with the foreign ownership provisions of section 310 of the Communications Act of 1934, as amended;  (vii)Certification that the applicant is and will, during the pendency of its application(s), remain in compliance with any service-specific qualifications applicable to the licenses on which the applicant intends to bid including, but not limited to, financial qualifications. The Commission may require certification in certain services that the applicant will, following grant of a license, come into compliance with certain service-specific rules, including, but not limited to, ownership eligibility limitations;  (viii) An exhibit, certified as truthful under penalty of perjury, identifying all parties with whom the applicant has entered into partnerships, joint ventures, consortia or other agreements, arrangements or understandings of any kind relating to the licenses being auctioned, including any such agreements relating to the post-auction market structure;  (ix)Certification under penalty of perjury that it has not entered and will not enter into any explicit or implicit agreements, arrangements or understandings of any kind with any parties other than those identified pursuant to paragraph (a)(2)(viii) of this section regarding the amount of their bids, bidding strategies or the particular licenses on which they will or will not bid; and  (x)Certification under penalty of perjury that it is not in default on any Commission licenses and that it is not delinquent on any extension of credit from any federal agency.  Note to paragraph (a): The Commission may also request applicants to submit additional information for informational purposes to aid in its preparation of required reports to Congress.  (b)Modification and Amendment of Application. Applicants will be permitted to amend their Form 175 applications to make minor amendments to correct minor errors or defects such as typographical errors. Applicants will also be permitted to amend FCC Form 175 to make changes to the information required by section 27.204(a) (such as ownership changes or changes in the identification of parties to bidding consortia), provided such changes do not result in a change in control of the applicant and do not involve another applicant (or parties in interest to an applicant) who has applied for licenses in any of the same geographic license areas as the applicant. Amendments which change control of the applicant will be considered major amendments. An FCC Form 175 which is amended by a major amendment will be considered to be newly filed and cannot be resubmitted after applicable filing deadlines. Seealso section 1.2105 of this chapter.  (c)Prohibition of collusion. (1) Except as provided in paragraphs (c)(2), (c)(3) and (c)(4) of this section, after the filing of short-form applications, all applicants are prohibited from cooperating, collaborating, discussing or disclosing in any manner the substance of their bids or bidding strategies, or discussing or negotiating settlement agreements, with other applicants until after the high bidder makes the required down payment, unless such applicants are members of a bidding consortium or other joint bidding arrangement identified on the bidder's short-form application pursuant to section 27.204(a)(2)(viii).  (2)Applicants may modify their short-form applications to reflect formation of consortia or changes in ownership at any time before or during an auction, provided such changes do not result in a change in control of the applicant, and provided that the parties forming consortia or entering into ownership agreements have not applied for licenses in any of the same geographic license areas. Such changes will not be considered major modifications of the application.  (3)After the filing of short-form applications, applicants may make agreements to bid jointly for licenses, provided the parties to the agreement have not applied for licenses in any of the same geographic license areas.  (4)After the filing of short-form applications, a holder of a non-controlling attributable interest in an entity submitting a short-form application may acquire an ownership interest in, form a consortium with, or enter into a joint bidding arrangement with, other applicants for licenses in the same geographic license area, provided that:  (i)The attributable interest holder certifies to the Commission that it has not communicated and will not communicate with any party concerning the bids or bidding strategies of more than one of the applicants in which it holds an attributable interest, or with which it has a consortium or joint bidding arrangement, and which have applied for licenses in the same geographic license area(s); and  (ii)The arrangements do not result in any change in control of an applicant.  (5)Applicants must modify their short-form applications to reflect any changes in ownership or in the membership of consortia or joint bidding arrangements.  (6)For purposes of this paragraph:  (i)The term "applicant" shall include the entity submitting a short-form application to participate in an auction (FCC Form 175), as well as all holders of partnership and other ownership interests and any stock interest amounting to 5 percent or more of the entity, or outstanding stock, or outstanding voting stock of the entity submitting a short-form application, and all officers and directors of that entity; and  (ii)The term "bids or bidding strategies" shall include capital calls or requests for additional funds in support of bids or bidding strategies.   27.205 Submission of upfront payments.  (a)Each eligible bidder for WCS licenses subject to auction shall pay an upfront payment pursuant to this chapter and procedures specified by public notice. No interest will be paid on upfront payments.  (b)Upfront payments must be made by wire transfer.  (c)If the applicant does not submit at least the minimum upfront payment, it will be ineligible to bid, its application will be dismissed and any upfront payment it has made will be returned.  (d)The upfront payment(s) of a bidder will be credited toward any down payment required for licenses on which the bidder is the high bidder. Where the upfront payment amount exceeds the required deposit of a winning bidder, the Commission will refund the excess amount after determining that no bid withdrawal payments are owed by that bidder.  (e)In accordance with the provisions of paragraph (d) of this section, in the event a payment is assessed pursuant to section 27.203 for bid withdrawal or default, upfront payments or down payments on deposit with the Commission will be used to satisfy the bid withdrawal or default payment before being applied toward any additional payment obligations that the high bidder may have.   27.206 Submission of down payment and filing of long-form applications.  (a)After bidding has ended, the Commission will identify and notify the high bidder and declare the bidding closed.  (b)Within ten (10) business days after being notified that it is a high bidder on a particular license(s), a high bidder must submit to the Commission's lockbox bank such additional funds (the "down payment") as are necessary to bring its total deposits (not including upfront payments applied to satisfy bid withdrawal or default payments) up to twenty (20) percent of its high bid(s). This down payment must be made by wire transfer or cashier's check drawn in U.S. dollars from a financial institution whose deposits are insured by the Federal Deposit Insurance Corporation and must be made payable to the Federal Communications Commission. Down payments will be held by the Commission until the high bidder has been awarded the license and has paid the remaining balance due on the license, in which case it will not be returned, or until the winning bidder is found unqualified to be a licensee or has defaulted, in which case it will be returned, less applicable payments. No interest will be paid on any down payment.  (c)A high bidder that meets its down payment obligations in a timely manner must, within ten (10) business days after being notified that it is a high bidder, submit an additional application (the "long-form application") pursuant to the rules governing the service in which the applicant is the high bidder. Notwithstanding any other provision in title 47 of the Code of Federal Regulations to the contrary, high bidders need not submit an additional application filing fee with their long-form applications. Notwithstanding any other provision in Title 47 of the Code of Federal Regulations to the contrary, the high bidder's long-form application must be mailed or otherwise delivered to: Office of the Secretary, Federal Communications Commission, Attention: Auction Application Processing Section, 1919 M Street, N.W., Room 222, Washington, DC 20554. An applicant that fails to submit the required long-form application as required under this subsection, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and will be subject to the payments set forth in section 27.203.  (d)As an exhibit to its long-form application, the applicant must provide a detailed explanation of the terms and conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it had entered into relating to the competitive bidding process prior to the time bidding was completed. Such agreements must have been entered into prior to the filing of short-form applications pursuant to section 27.204.   27.207 Procedures for filing petitions to deny against WCS long-form applications.  (a)Within five (5) days after the Commission gives public notice that a long-form application has been accepted for filing, petitions to deny that application may be filed. Any such petitions must contain allegations of fact supported by affidavit of a person or persons with personal knowledge thereof, and be served by hand upon the applicant or its representative.  (b)An applicant may file an opposition to any petition to deny within five (5) days after the deadline for filing petitions to deny. Allegations of fact or denials thereof must be supported by affidavit of a person or persons with personal knowledge thereof, and such opposition must be served by hand upon the petitioner.  (c)If the Commission determines that:  (1)An applicant is qualified and there is no substantial and material issue of fact concerning that determination, it will grant the application;  (2)An applicant is not qualified and that there is no substantial issue of fact concerning that determination, the Commission need not hold a evidentiary hearing and will deny the application; and  (3)Substantial and material issues of fact require a hearing, it will conduct a hearing. The Commission may permit all or part of the evidence to be submitted in written form and may permit employees other than administrative law judges to preside at the taking of written evidence. Such hearing will be conducted on an expedited basis.   27.208 License grant, denial, default, and disqualification.  (a)Unless otherwise specified in these rules, auction winners are required to pay the balance of their winning bids in a lump sum within ten (10) business days following award of the license. Grant of the license will be conditioned on full and timely payment of the winning bid.  (b)If a winning bidder withdraws its bid after the Commission has declared competitive bidding closed or fails to remit the required down payment within ten (10) business days after the Commission has declared competitive bidding closed, the bidder will be deemed to have defaulted, its application will be dismissed, and it will be liable for the default penalty specified in section 27.203. In such event, the Commission may either re-auction the license to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. The down payment obligations set forth in section 27.206(b) will apply.  (c)A winning bidder who is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted and will be liable for the payment set forth in section 27.203. In such event, the Commission will conduct another auction for the license, affording new parties an opportunity to file applications for the license.  (d)Bidders who are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be subject, in addition to any other applicable sanctions, to forfeiture of their upfront payment, down payment or full bid amount, and may be prohibited from participating in future auctions.   27.209 Designated entities; bidding credits; unjust enrichment. Č (a)Designated entities entitled to preferences in the WCS auction are small businesses and very small businesses as defined in section 27.110(b). Designated entities will be eligible for bidding credits, as defined in parts (b) and (c) of this section.  (b)A winning bidder that qualifies as a small business may use a bidding credit of 25 percent to lower the cost of its winning bid.  (c)A winning bidder that qualifies as a very small business may use a bidding credit of 35 percent to lower the cost of its winning bid.  (d)Unjust Enrichment:  (1)If a small business or very small business (as defined in section 27.210(b)) that utilizes a bidding credit under this section seeks to transfer control or assign an authorization to an entity that is not a small business or a very small business, or seeks to make any other change in ownership that would result in the licensee losing eligibility as a small business or very small business, the small business or very small business must seek Commission approval and reimburse the U.S. Government for the amount of the bidding credit, plus interest based on the rate for ten year U.S. Treasury obligations applicable on the date the license is granted, as a condition of approval of the assignment or transfer of control.  (2)If a very small business (as defined in section 27.210(b)) that utilizes a bidding credit under this section seeks to transfer control or assign an authorization to a small business meeting the eligibility standards for a lower bidding credit, or seeks to make any other change in ownership that would result in the licensee qualifying for a lower bidding credit under this section, the licensee must seek Commission approval and reimburse the U.S. Government for the difference between the amount of the bidding credit obtained by the licensee and the bidding credit for which the assignee, transferee, or licensee is eligible under this section, plus interest based on the rate for ten year U.S. Treasury obligations applicable on the date the license is granted, as a condition of the approval of such assignment, transfer, or other ownership change.  (3)The amount of payments made pursuant to paragraphs (c)(1) and (c)(2) of this section will be reduced over time as follows: A transfer in the first five years of the license term will result in a forfeiture of 100 percent of the value of the bidding credit (or the difference between the bidding credit obtained by the original licensee and the bidding credit for which the posttransfer licensee is eligible); in year 6 of the license term the payment will be 80 percent; in year 7 the payment will be 60 percent; in year 8 the payment will be 40 percent; and in year 9 the payment will be 20 percent. For a transfer occurring in year 10 and thereafter, there will be no assessment.   27.210 Definitions.  (a)Scope. The definitions in this section apply to section 27.209, unless otherwise specified in those sections. (b)Small Business; Very Small Business; Consortia.  (1)A small business is an entity that, together with its affiliates and controlling principals, has average annual gross revenues that are not more than $40 million for the preceding three years.  (2)A very small business is an entity that, together with its affiliates and controlling principals, has average annual gross revenues that are not more than $15 million for the preceding three years.  (3)For purposes of determining whether an entity meets the $40 million average annual gross revenues size standard set forth in paragraph (b)(1) of this section or the $15 million average annual gross revenues size standard set forth in paragraph (b)(2) of this section, the gross revenues of the applicant and its affiliates shall be considered on a cumulative basis and aggregated subject to the following exceptions:  (i)For purposes of paragraphs (b)(1) and (b)(2) of this section, the personal net worth of an applicant and its affiliates is not included in the applicant's gross revenues.  (ii)For purposes of paragraphs (b)(1) and (b)(2) of this section, Indian tribes or Alaska Regional or Village Corporations organized pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), or entities owned and controlled by such tribes or corporations, are not considered affiliates of an applicant (or licensee) that is owned and controlled by such tribes, corporations or entities, and that otherwise complies with the requirements of paragraphs (b)(1) and (b)(2), except that gross revenues derived from gaming activities conducted by affiliated entities pursuant to the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) will be counted in determining such applicant's (or licensee's) compliance with the financial requirements of paragraphs (b)(1) and (b)(2) of this section, unless such applicant establishes that it will not receive a substantial unfair competitive advantage because significant legal constraints restrict the applicant's ability to access such gross revenues.  (4)A consortium of small businesses (or a consortium of very small businesses) is a conglomerate organization formed as a joint venture between or among mutually independent business firms, each of which individually satisfies the definition in paragraph (b)(1) of this section or each of which satisfies the definition in paragraph (b)(2) of this section. Where an applicant (or licensee) is a consortium of small businesses, the gross revenues of each small business shall not be aggregated.  (c)Gross Revenues. Gross revenues shall mean all income received by an entity, whether earned or passive, before any deductions are made for costs of doing business (e.g., cost of goods sold), as evidenced by audited financial statements for the relevant number of most recently completed calendar years, or, if audited financial statements were not prepared on a calendaryear basis, for the most recently completed fiscal years preceding the filing of the applicant's shortform application (Form 175). If an entity was not in existence for all or part of the relevant period, gross revenues shall be evidenced by the audited financial statements of the entity's predecessorininterest or, if there is no identifiable predecessorininterest, unaudited financial statements certified by the applicant as accurate. When an applicant does not otherwise use audited financial statements, its gross revenues may be certified by its chief financial officer or its equivalent.  (d)Affiliate.  (1)Basis for Affiliation. An individual or entity is an affiliate of an applicant if such individual or entity:  (i)Directly or indirectly controls or has the power to control the applicant, or  (ii)Is directly or indirectly controlled by the applicant, or  (iii)Is directly or indirectly controlled by a third party or parties who also control or have the power to control the applicant, or  (iv)Has an "identity of interest" with the applicant.  (2)Nature of control in determining affiliation.  (i)Every business concern is considered to have one or more parties who directly or indirectly control or have the power to control it. Control may be affirmative or negative and it is immaterial whether it is exercised so long as the power to control exists. Example for paragraph (d)(2)(i). An applicant owning 50 percent of the voting stock of another concern would have negative power to control such concern since such party can block any action of the other stockholders. Also, the bylaws of a corporation may permit a stockholder with less than 50 percent of the voting stock to block any actions taken by the other stockholders in the other entity. Affiliation exists when the applicant has the power to control a concern while at the same time another person, or persons, are in control of the concern at the will of the party or parties with the power of control.  (ii)Control can arise through stock ownership; occupancy of director, officer, or key employee positions; contractual or other business relations; or combinations of these and other factors. A key employee is an employee who, because of his/her position in the concern, has a critical influence in or substantive control over the operations or management of the concern.  (iii)Control can arise through management positions if the voting stock is so widely distributed that no effective control can be established. Example for paragraph (d)(2)(iii). In a corporation where the officers and directors own various size blocks of stock totaling 40 percent of the corporation's voting stock, but no officer or director has a block sufficient to give him/her control or the power to control and the remaining 60 percent is widely distributed with no individual stockholder having a stock interest greater than 10 percent, management has the power to control. If persons with such management control of the other entity are controlling principals of the applicant, the other entity will be deemed an affiliate of the applicant.  (3)Identity of interest between and among persons.  Affiliation can arise between or among two or more persons with an identity of interest, such as members of the same family or persons with common investments. In determining if the applicant controls or is controlled by a concern, persons with an identity of interest will be treated as though they were one person.  (i)Spousal Affiliation. Both spouses are deemed to own or control or have the power to control interests owned or controlled by either of them, unless they are subject to a legal separation recognized by a court of competent jurisdiction in the United States.  (ii)Kinship Affiliation. Immediate family members will be presumed to own or control or have the power to control interests owned or controlled by other immediate family members. In this context "immediate family member" means father, mother, husband, wife, son, daughter, brother, sister, father- or mother-in-law, son- or daughter-in-law, brother- or sister-in-law, step-father or -mother, step-brother or -sister, step-son or -daughter, halfbrother or sister. This presumption may be rebutted by showing that:  (A)The family members are estranged,  (B)The family ties are remote, or  (C)The family members are not closely involved with each other in business matters. Example for paragraph (d)(3)(ii). A owns a controlling interest in Corporation X. A's sister-in-law, B, has a controlling interest in a WCS geographic area license application. Because A and B have a presumptive kinship affiliation, A's interest in Corporation X is attributable to B, and thus to the applicant, unless B rebuts the presumption with the necessary showing.  (4)Affiliation through stock ownership.  (i)An applicant is presumed to control or have the power to control a concern if he/she owns or controls or has the power to control 50 percent or more of its voting stock.  (ii)An applicant is presumed to control or have the power to control a concern even though he/she owns, controls, or has the power to control less than 50 percent of the concern's voting stock, if the block of stock he/she owns, controls, or has the power to control is large as compared with any other outstanding block of stock.  (iii)If two or more persons each owns, controls or has the power to control less than 50 percent of the voting stock of a concern, such minority holdings are equal or approximately equal in size, and the aggregate of these minority holdings is large as compared with any other stock holding, the presumption arises that each one of these persons individually controls or has the power to control the concern; however, such presumption may be rebutted by a showing that such control or power to control, in fact, does not exist.  (5)Affiliation arising under stock options, convertible debentures, and agreements to merge. Stock options, convertible debentures, and agreements to merge (including agreements in principle) are generally considered to have a present effect on the power to control the concern. Therefore, in making a size determination, such options, debentures, and agreements will generally be treated as though the rights held thereunder had been exercised. However, neither an affiliate nor an applicant can use such options and debentures to appear to terminate its control over another concern before it actually does so. Example 1 for paragraph (d)(5). If company B holds an option to purchase a controlling interest in company A, who holds a controlling interest in a WCS geographic area license application, the situation is treated as though company B had exercised its rights and had become owner of a controlling interest in company A. The gross revenues of company B must be taken into account in determining the size of the applicant. Example 2 for paragraph (d)(5). If a large company, BigCo, holds 70% (70 of 100 outstanding shares) of the voting stock of company A, who holds a controlling interest in a WCS geographic area license application, and gives a third party, SmallCo, an option to purchase 50 of the 70 shares owned by BigCo, BigCo will be deemed to be an affiliate of company A, and thus the applicant, until SmallCo actually exercises its options to purchase such shares. In order to prevent BigCo from circumventing the intent of the rule, which requires such options to be considered on a fully diluted basis, the option is not considered to have present effect in this case. Example 3 for paragraph (d)(5). If company A has entered into an agreement to merge with company B in the future, the situation is treated as though the merger has taken place.  (6)Affiliation under voting trusts.  (i)Stock interests held in trust shall be deemed controlled by any person who holds or shares the power to vote such stock, to any person who has the sole power to sell such stock, and to any person who has the right to revoke the trust at will or to replace the trustee at will.  (ii)If a trustee has a familial, personal or extra-trust business relationship to the grantor or the beneficiary, the stock interests held in trust will be deemed controlled by the grantor or beneficiary, as appropriate.  (iii)If the primary purpose of a voting trust, or similar agreement, is to separate voting power from beneficial ownership of voting stock for the purpose of shifting control of or the power to control a concern in order that such concern or another concern may meet the Commission's size standards, such voting trust shall not be considered valid for this purpose regardless of whether it is or is not recognized within the appropriate jurisdiction.  (7)Affiliation through common management.  Affiliation generally arises where officers, directors, or key employees serve as the majority or otherwise as the controlling element of the board of directors and/or the management of another entity.  (8)Affiliation through common facilities.  Affiliation generally arises where one concern shares office space and/or employees and/or other facilities with another concern, particularly where such concerns are in the same or related industry or field of operations, or where such concerns were formerly affiliated, and through these sharing arrangements one concern has control, or potential control, of the other concern.  (9)Affiliation through contractual relationships.  Affiliation generally arises where one concern is dependent upon another concern for contracts and business to such a degree that one concern has control, or potential control, of the other concern.  (10) Affiliation under joint venture arrangements.  (i)A joint venture for size determination purposes is an association of concerns and/or individuals, with interests in any degree or proportion, formed by contract, express or implied, to engage in and carry out a single, specific business venture for joint profit for which purpose they combine their efforts, property, money, skill and knowledge, but not on a continuing or permanent basis for conducting business generally. The determination whether an entity is a joint venture is based upon the facts of the business operation, regardless of how the business operation may be designated by the parties involved. An agreement to share profits/losses proportionate to each party's contribution to the business operation is a significant factor in determining whether the business operation is a joint venture.  (ii)The parties to a joint venture are considered to be affiliated with each other.  Subpart E -- Application, Licensing, and Processing Rules for WCS ă *   27.301 Authorization required.  No person shall use or operate any device for the transmission of energy or communications by radio in the services authorized by this part except as provided in this part.   27.302 Eligibility.  (a)General. Authorizations will be granted upon proper application if:  (1)The applicant is qualified under the applicable laws and the regulations, policies and decisions issued under those laws, including section 27.12;  (2)There are frequencies available to provide satisfactory service; and  (3)The public interest, convenience or necessity would be served by a grant.  (b)Alien Ownership. A WCS authorization may not be granted to or held by an entity not meeting the requirements of Section 310 of the Communications Act of 1934, as amended, 47 U.S.C. section 310 insofar as applicable to the particular service in question.   27.303 Formal and informal applications.  (a)Except for an authorization under any of the conditions stated in section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)), the Commission may grant only upon written application received by it, the following authorization: station licenses; modifications of licenses; renewals of licenses; transfers and assignments of station licenses, or any right thereunder. (b)Except as may be otherwise permitted by this part, a separate written application shall be filed for each instrument of authorization requested. Applications may be:  (1)"Formal applications" where the Commission has prescribed in this part a standard form; or  (2)"Informal applications" (normally in letter form) where the Commission has not prescribed a standard form.  (c)An informal application will be accepted for filing only if:  (1)A standard form is not prescribed or clearly applicable to the authorization requested;  (2)It is a document submitted, in duplicate, with a caption which indicates clearly the nature of the request, radio service involved, location of the station, and the application file number (if known); and  (3)It contains all the technical details and informational showings required by the rules and states clearly and completely the facts involved and authorization desired.   27.304 Filing of WCS applications, fees, and numbers of copies.  (a)As prescribed by section 27.307, standard formal application forms applicable to the WCS may be obtained from either:  (1)Federal Communications Commission, Washington, DC 20554; or  (2)By calling the Commission's Forms Distribution Center, (202) 418-3676.  (b)Applications for the initial provision of WCS service must be filed on FCC Form 175 in accordance with the rules in sections 27.204 and part 1, subpart Q of this chapter. In the event of mutual exclusivity between applicants filing FCC Form 175, only auction winners will be eligible to file subsequent long form applications on FCC Form 600 for initial WCS licenses. Mutually exclusive applications filed on Form 175 are subject to competitive bidding under those rules.  (c)All applications for WCS radio station authorizations (other than applications for initial provision of WCS service filed on FCC Form 175) shall be submitted for filing to: Federal Communications Commission, Wireless Telecommunications Bureau, 1270 Fairfield Road, Gettysburg, PA 17325, Attention: WCS Processing Section.  (d)All correspondence or amendments concerning a submitted application shall clearly identify the name of the applicant, FCC Account Number or Commission file number (if known) or station call sign of the application involved, and may be sent directly to the Wireless Telecommunications Bureau, 1270 Fairfield Road, Gettysburg, PA 17325, Attention: WCS Processing Section. (e)Except as otherwise specified, all applications, amendments, correspondence, pleadings and forms (with the exception of FCC Form 175, which is to be filed electronically pursuant to section 27.204) shall be submitted on one original paper copy and with a 3.5inch floppy disk containing all attachments, and any other supporting documentation in separate ASCII text (.TXT) file formats. Those filing any amendments, correspondence, pleadings, and forms must simultaneously submit the original hard copy which must be stamped "original". In addition to the original hard copy, those filing pleadings, including pleadings under section 1.2108 of this chapter shall also submit 2 paper copies as provided in section 1.51 of this chapter. Applicants who file electronically will not be required to follow these procedures, but instead are required to follow all instructions for electronic filing detailed by the FCC in any subsequent public notices.  (f)Subsequent application by auction winners or non-mutually exclusive applicants for WCS radio station(s) under part 27. FCC Form 600 shall be submitted by each auction winner for each WCS license applied for on FCC Form 175. In the event that mutual exclusivity does not exist between applicants filing FCC Form 175, the Commission will so inform the applicant and the applicant will also file FCC Form 600. Blanket licenses are granted for each market frequency block. Applications for individual sites are not needed and will not be accepted. See section 27.11.   27.305 Reserved.   27.306 Miscellaneous forms.  (a)Renewal of station licenses. Except for renewal of special temporary authorizations, FCC Form 405 ("Application for Renewal of Station License") must be filed in duplicate by the licensee between thirty (30) and sixty (60) days prior to the expiration date of the license sought to be renewed.  (b)Assignment of authorization or transfer of control. Assignments of authorization or transfers of control applications are to be filed on the FCC Form 490, Application for Assignment of Authorization or Consent to Transfer of Control of License.   27.307 General application requirements.  (a)Each application (including applications filed on Forms 175 and 600) for a radio station authorization or for consent to assignment or transfer of control in the WCS shall disclose fully the real party or parties in interest and must include the following information:  (1)A list of its subsidiaries, if any. Subsidiary means any business five per cent or more whose stock, warrants, options or debt securities are owned by the applicant or an officer, director, stockholder or key management personnel of the applicant. This list must include a description of each subsidiary's principal business and a description of each subsidiary's relationship to the applicant.  (2)A list of its affiliates, if any. Affiliate is defined in section 27.210(d). (3)A list of the names, addresses, citizenship and principal business of any person holding five percent or more of each class of stock, warrants, options or debt securities together with the amount and percentage held, and the name, address, citizenship and principal place of business of any person on whose account, if other than the holder, such interest is held. If any of these persons are related by blood or marriage, include such relationship in the statement.  (4)In the case of partnerships, the name and address of each partner, each partner's citizenship and the share or interest participation in the partnership. This information must be provided for all partners, regardless of their respective ownership interests in the partnership. This information must be included an exhibit to the application.  (b)Each application for a radio station authorization in the WCS must:  (1)Submit the information required by the Commission's rules, requests, and application forms;  (2)Be maintained by the applicant substantially accurate and complete in all significant respects in accordance with the provisions of section 1.65 of this chapter; and  (3)Show compliance with and make all special showings that may be applicable.  (c)Where documents, exhibits, or other lengthy showings already on file with the Commission contain information which is required by an application form, the application may specifically refer to such information, if:  (1)The information previously filed is over one A4 (21 cm x 29.7 cm) or 8.5 x 11 inch (21.6 cm x 27.9 cm) page in length, and all information referenced therein is current and accurate in all significant respects under section 1.65 of this chapter; and  (2)The reference states specifically where the previously filed information can actually be found, including mention of:  (i)The station call sign or application file number whenever the reference is to station files or previously filed applications; and  (ii)The title of the proceeding, the docket number, and any legal citations, whenever the reference is to a docketed proceeding. However, questions on an application form which call for specific technical data, or which can be answered by a "yes" or "no" or other short answer shall be answered as appropriate and shall not be cross-referenced to a previous filing.  (d)In addition to the general application requirements of subpart F of this part and section 27.204 of this chapter, applicants shall submit any additional documents, exhibits, or signed written statements of fact:  (1)As may be required by these rules; and  (2)As the Commission, at any time after the filing of an application and during the term of any authorization, may require from any applicant, permittee, or licensee to enable it to determine whether a radio authorization should be granted, denied, or revoked.  (e)Except when the Commission has declared explicitly to the contrary, an informational requirement does not in itself imply the processing treatment of decisional weight to be accorded the response.   27.308 Technical content of applications.  All applications required by this part shall contain all technical information required by the application forms or associated public notice(s). Applications other than initial applications for a WCS license must also comply with all technical requirements of the rules governing the WCS (see subparts C and D as appropriate).  27.310 Waiver of rules.  (a)Request for waivers.  (1)Waivers of these rules may be granted upon application or by the Commission on its own motion. Requests for waivers shall contain a statement of reasons sufficient to justify a waiver. Waivers will not be granted except upon an affirmative showing:  (i)That the underlying purpose of the rule will not be served, or would be frustrated, by its application in a particular case, and that grant of the waiver is otherwise in the public interest; or  (ii)That the unique facts and circumstances of a particular case render application of the rule inequitable, unduly burdensome or otherwise contrary to the public interest. Applicants must also show the lack of a reasonable alternative.  (2)If the information necessary to support a waiver request is already on file, the applicant may cross-reference to the specific filing where it may be found.  (b)Denial of waiver, alternate showing required. If a waiver is not granted, the application will be dismissed as defective unless the applicant has also provided an alternative proposal which complies with the Commission's rules (including any required showings).   27.311 Defective applications.  (a)Unless the Commission shall otherwise permit, an application will be unacceptable for filing and will be returned to the applicant with a brief statement as to the omissions or discrepancies if: (1)The application is defective with respect to completeness of answers to questions, informational showings, execution, or other matters of a formal character; or  (2)The application does not comply with the Commission's rules, regulations, specific requirements for additional information or other requirements. See also section 27.204 of this chapter.  (b)Some examples of common deficiencies which result in defective applications under paragraph (a) of this section are:  (1)The application is not filled out completely and signed; or  (2)The application (other than an application filed on FCC Form 175) does not include an environmental assessment as required for an action that may have a significant impact upon the environment, as defined in section 1.1307 of this chapter.  (3)The application is filed prior to the public notice issued under section 27.316 announcing the application filing date for the relevant auction or after the cutoff date prescribed in that public notice;  (c)If an applicant is requested by the Commission to file any documents or any supplementary or explanatory information not specifically required in the prescribed application form, a failure to comply with such request within a specified time period will be deemed to render the application defective and will subject it to dismissal.   27.312 Inconsistent or conflicting applications.  While an application is pending and undecided under part 27, no subsequent inconsistent or conflicting application may be filed by the same applicant, his successor or assignee, or on behalf or for the benefit of the same applicant, his successor or assignee.   27.313 Amendment of applications for Wireless Communications Service (other than applications filed on FCC Form 175).  This section applies to all applications for Wireless Communications Service other than applications filed on FCC Form 175.  (a)Amendments as of right. A pending application may be amended as a matter of right if the application has not been designated for hearing.  (1)Amendments shall comply with section 27.319, as applicable; and  (2)Amendments which resolve interference conflicts or amendments under section 27.319 may be filed at any time.  (b)The Commission or the presiding officer may grant requests to amend an application designated for hearing only if a written petition demonstrating good cause is submitted and properly served upon the parties of record.  (c)Major amendments, minor amendments. The Commission will classify all amendments as minor, unless there is a substantial change in ownership or control. Such an amendment shall be deemed to be a major amendment subject to section 27.316.  (d)If a petition to deny (or other formal objection) has been filed, any amendment, requests for waiver, (or other written communications) shall be served on the petitioner by hand, unless waiver of this requirement is granted pursuant to paragraph (e) of this section. See also section 1.2108 of this chapter.  (e)The Commission may waive the service requirements of paragraph (d) of this section and prescribe such alternative procedures as may be appropriate under the circumstances to protect petitioners' interests and to avoid undue delay in a proceeding, if an applicant submits a request for waiver which demonstrates that the service requirement is unreasonably burdensome.  (f)Any amendment to an application shall be signed and shall be submitted in the same manner, and with the same number of copies, as was the original application. Amendments may be made in letter form if they comply in all other respects with the requirements of this chapter.  (g)An application will be considered to be a newly filed application if it is amended by a major amendment (as defined in this section), except in the following circumstances:  (1)The amendment reflects only a change in ownership or control found by the Commission to be in the public interest;  (2)The amendment corrects typographical transcription, or similar clerical errors which are clearly demonstrated to be mistakes by reference to other parts of the application, and whose discovery does not create new or increased frequency conflicts.   27.314 Application for temporary authorizations.  In circumstances requiring immediate or temporary use of facilities, request may be made for special temporary authority (STA) to operate new or modified equipment. Such requests may be submitted as informal applications (see section 22.105) and must contain complete details about the proposed operation and the circumstances that fully justify and necessitate the grant of STA. Such requests should be filed in time to be received by the FCC at least 10days prior to the date of proposed operation or, where an extension is sought, 10days prior to the expiration date of the existing STA. Requests received less than 10days prior to the desired date of operation may be given expedited consideration only if compelling reasons are given, in writing, for the delay in submitting the request. Otherwise, such latefiled requests are considered in turn, but action might not be taken prior to the desired date of operation. Requests for STAs must be accompanied by the proper filing fee.  (a)Grant without Public Notice. STAs may be granted without being listed in a Public Notice, or prior to 30days after such listing, if:  (1)The STA is to be valid for 30days or less and the applicant does not plan to file an application for regular authorization of the subject operation;  (2)The STA is to be valid for 60days or less, pending the filing of an application for regular authorization of the subject operation;  (3)The STA is to allow interim operation to facilitate completion of authorized construction or to provide substantially the same service as previously authorized; or  (4)The STA is made upon a finding that there are extraordinary circumstances requiring operation in the public interest and that delay in the institution of such service would seriously prejudice the public interest.  (b)Limit on STA term. The FCC may grant STAs valid for a period not to exceed 180days under the provisions of Section309(f) of the Communications Act of 1934, as amended, (47U.S.C.section309(f)) if extraordinary circumstances so require, and pending the filing of an application for regular operation. The FCC may grant extensions of STAs for a period of 180days, but the applicant must show that extraordinary circumstances warrant such an extension.   27.315 Receipt of application; applications in the Wireless Communications Service filed on FCC Form 175 and other applications in the WCS Service.  (a)All applications for WCS filed pursuant to section 27.304 are given a file number. The assignment of a file number to an application is merely for administrative convenience and does not indicate the acceptance of the application for filing and processing. Such assignment of a file number will not preclude the subsequent return or dismissal of the application if it is found to be defective or not in accordance with the Commission's rules.  (b)Acceptance of an application for filing merely means that it has been the subject of a preliminary review as to completeness. Such acceptance will not preclude the subsequent return or dismissal of the application if it is found to be defective or not in accordance with the Commission's rules.   27.316 Public notice period.  (a)At regular intervals, the Commission may issue a public notice listing:  (1)The acceptance for filing of all applications and major amendments thereto;  (2)Significant Commission actions concerning applications listed as acceptable for filing;  (3)Information which the Commission in its discretion believes of public significance. Such notices are solely for the purpose of informing the public and do not create any rights in an applicant or any other person; or  (4)Special environmental considerations as required by part 1 of this chapter.  (b)The Commission will not grant any application until expiration of a period of seven (7) days following the issuance date of a public notice listing the application, or any major amendments thereto, as acceptable for filing. Provided, that the Commission will not grant an application filed on Form 600 filed either by a winning bidder or by an applicant whose Form 175 application is not mutually exclusive with other applicants, until the expiration of a period of forty (40) days following the issuance of a public notice listing the application, or any major amendments thereto, as acceptable for filing. See also section 27.207.  (c)As an exception to paragraphs (a)(1), (a)(2) and (b) of this section, the public notice provisions are not applicable to applications:  (1)For authorization of a minor technical change in the facilities of an authorized station where such a change would not be classified as a major amendment (as defined by Section 27.313) were such a change to be submitted as an amendment to a pending application.  (2)For issuance of a license subsequent to a radio station authorization or, pending application for a grant of such license, any special or temporary authorization to permit interim operation to facilitate completion of authorized construction or to provide substantially the same service as would be authorized by such license;  (3)For temporary authorization pursuant to section 27.314;  (4)For an authorization under any of the proviso clauses of section 308(a) of the Communications Act of 1934 (47 U.S.C. section 308(a));  (5)For consent to an involuntary assignment or transfer of control of a radio authorization; or  (6)For consent to a voluntary assignment or transfer of control of a radio authorization, where the assignment or transfer does not involve a substantial change in ownership or control.   27.317 Dismissal and return of applications.  (a)Any application may be dismissed without prejudice as a matter of right if the applicant requests its dismissal prior to designation for hearing or, in the case of applications filed on Forms 175 and 175-S, prior to auction. An applicant's request for the return of his application after it has been accepted for filing will be considered to be a request for dismissal without prejudice. Applicants requesting dismissal of their applications are also subject to section 27.203 of this chapter.  (b)A request to dismiss an application without prejudice will be considered after designation for hearing only if:  (1)A written petition is submitted to the Commission and is properly served upon all parties of record; and  (2)The petition complies with the provisions of this section and demonstrates good cause.  (c)The Commission will dismiss an application for failure to prosecute or for failure to respond substantially within a specified time period to official correspondence or requests for additional information. Dismissal shall be without prejudice if made prior to designation for hearing or prior to auction, but dismissal may be made with prejudice for unsatisfactory compliance or after designation for hearing or after the applicant is notified that it is the winning bidder under the auction process.   27.319 Ownership changes and agreements to amend or to dismiss applications or pleadings. (a) Applicability. Subject to the provisions of section 27.204 of this chapter (Bidding Application and Certification Procedures; Prohibition of Collusion), this section applies to applicants and all other parties interested in pending applications who wish to resolve contested matters among themselves with a formal or an informal agreement or understanding. This section applies only when the agreement or understanding will result in: (1) A major change in the ownership of an applicant to which sections 27.313(c) and 27.313(g) apply or which would cause the applicant to lose its status as a designated entity under section27.210(b), or (2) The individual or mutual withdrawal, amendment or dismissal of any pending application, amendment, petition or other pleading. (b) The provisions of section27.207 of the Commission's Rules will apply in the event of the filing of petitions to deny or other pleadings or informal objections filed against WCS applications. The provisions of section27.317 of the Commission's Rules will apply in the event of dismissal of WCS applications.   27.320 Opposition to applications.  (a)Petitions to deny (including petitions for other forms of relief) and responsive pleadings for Commission consideration must comply with section 27.207 and must:  (1)Identify the application or applications (including applicant's name, station location, Commission file numbers and radio service involved) with which it is concerned;  (2)Be filed in accordance with the pleading limitations, filing periods, and other applicable provisions of sections 1.41 through 1.52 of this chapter except where otherwise provided in section 27.207;  (3)Contain specific allegations of fact which, except for facts of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof, and which shall be sufficient to demonstrate that the petitioner (or respondent) is a party in interest and that a grant of, or other Commission action regarding, the application would be prima facie inconsistent with the public interest;  (4)Be filed within five (5) days after the date of public notice announcing the acceptance for filing of any such application or major amendment thereto (unless the Commission otherwise extends the filing deadline); and  (5)Contain a certificate of service showing that it has been hand delivered to the applicant no later than the date of filing thereof with the Commission.  (b)A petition to deny a major amendment to a previously filed application may only raise matters directly related to the amendment which could not have been raised in connection with the underlying, previously filed application. This does not apply to petitioners who gain standing because of the major amendment.  (c)Parties who file frivolous petitions to deny may be subject to sanctions including monetary forfeitures, license revocation, if they are FCC licensees, and may be prohibited from participating in future auctions.   27.321 Mutually exclusive applications.  (a)Two or more pending applications are mutually exclusive if the grant of one application would effectively preclude the grant of one or more of the others under the Commission's rules governing the Wireless Communications Services involved. The Commission uses the general procedures in this section for processing mutually exclusive applications in the Wireless Communications Services.  (b)An application will be entitled to comparative consideration with one or more conflicting applications only if the Commission determines that such comparative consideration will serve the public interest.   27.322 Consideration of applications.  (a)Applications for an instrument of authorization will be granted if, upon examination of the application and upon consideration of such other matters as it may officially notice, the Commission finds that the grant will serve the public interest, convenience, and necessity. See also section 1.2108 of this chapter.  (b)The grant shall be without a formal hearing if, upon consideration of the application, any pleadings or objections filed, or other matters which may be officially noticed, the Commission finds that:  (1)The application is acceptable for filing, and is in accordance with the Commission's rules, regulations, and other requirements;  (2)The application is not subject to a post-auction hearing or to comparative consideration pursuant to section 27.322 with another application(s);  (3)The applicant certifies that the operation of the proposed facility would not cause harmful electromagnetic interference to another authorized station;  (4)There are no substantial and material questions of fact presented; and  (5)The applicant is qualified under current FCC regulations and policies.  (c)If the Commission should grant without a formal hearing an application for an instrument of authorization which is subject to a petition to deny filed in accordance with section 27.319, the Commission will deny the petition by the issuance of a concise statement for the reason(s) for the denial and dispose of all substantial issues raised by the petition.  (d)Whenever the Commission, without a formal hearing, grants any application in part, or subject to any terms or conditions other than those normally applied to applications of the same type, it shall inform the applicant of the reasons therefor, and the grant shall be considered final unless the Commission should revise its action (either by granting the application as originally requested, or by designating the application for a formal evidentiary hearing) in response to a petition for reconsideration which:  (1)Is filed by the applicant within thirty (30) days from the date of the letter or order giving the reasons for the partial or conditioned grant;  (2)Rejects the grant as made and explains the reasons why the application should be granted as originally requested; and,  (3)Returns the instrument of authorization.  (e)The Commission will designate an application for a formal hearing, specifying with particularity the matters and things in issue, if, upon consideration of the application, any pleadings or objections filed, or other matters which may be officially noticed, the Commission determines that:  (1)A substantial and material question of fact is presented (see also section 1.2108 of this chapter);  (2)The Commission is unable for any reason to make the findings specified in paragraph (a) of this section and the application is acceptable for filing, complete, and in accordance with the Commission's rules, regulations, and other requirements; or  (3)The application is entitled to concurrent consideration (under section 27.321) with another application (or applications).  (f)The Commission may grant, deny or take other action with respect to an application designated for a formal hearing pursuant to paragraph (e) of this section or part 1 of this chapter.  (g)Reconsideration or review of any final action taken by the Commission will be in accordance with part 1, subpart A of this chapter.   27.323 Reserved.   27.324 Transfer of control or assignment of station authorization.  (a)Authorizations shall be transferred or assigned to another party, voluntarily (for example, by contract) or involuntarily (for example, by death, bankruptcy, or legal disability), directly or indirectly or by transfer of control of any corporation holding such authorization, only upon application and approval by the Commission. A transfer of control or assignment of station authorization in the Wireless Communications Service is also subject to section 27.209 of this chapter.  (1)A change from less than 50% ownership to 50% or more ownership shall always be considered a transfer of control.  (2)In other situations a controlling interest shall be determined on a case- by-case basis considering the distribution of ownership, and the relationships of the owners, including family relationships.  (b)Form required:  (1)Assignment.  (i)FCC Form 490 shall be filed to assign a license or permit.  (ii)In the case of involuntary assignment, FCC Form 490 shall be filed within 30 days of the event causing the assignment.  (2)Transfer of control.  (i)FCC Form 490 shall be submitted in order to transfer control of a corporation holding a license or permit.  (ii)In the case of involuntary transfer of control, FCC Form 490 shall be filed within 30 days of the event causing the transfer.  (3)Notification of completion. The Commission shall be notified by letter of the date of completion of the assignment or transfer of control.  (4)If the transfer of control of a license is approved, the new licensee is held to the original renewal requirement of section 27.14.  (c)In acting upon applications for transfer of control or assignment, the Commission will not consider whether the public interest, convenience, and necessity might be served by the transfer or assignment of the authorization to a person other than the proposed transferee or assignee. (d)Applicants seeking to transfer their licenses within three years after the initial license grant date are required to file, together with their transfer application, the associated contracts for sale, option agreements, management agreements, and all other documents disclosing the total consideration to be received in return for the transfer of the license.  (e)Partial assignment of authorization. If the authorization for some, but not all, of the facilities of a Wireless Communications Service station is assigned to another party, voluntarily or involuntarily, such action is a partial assignment of authorization.  (1)To request FCC approval of a partial assignment of authorization, the following must be filed in addition to the forms required by paragraph (b) of this section:  (i)The assignee must apply for authority (FCCForm600) to operate a new station including the facilities for which authorization is assigned, or to modify the assignee's existing station to include the facilities for which authorization was assigned.   27.325 Termination of authorization.  (a)All authorizations shall terminate on the date specified on the authorization, unless a timely application for renewal has been filed.  (b)If no application for renewal has been made before the authorization's expiration date, a late application for renewal will only be considered if it is filed within 30 days of the expiration date and shows that the failure to file a timely application was due to causes beyond the applicant's control. Service to subscribers need not be suspended while a late filed renewal application is pending, but such service shall be without prejudice to Commission action on the renewal application and any related sanctions. See also section 27.14 (Criteria for Comparative Renewal Proceedings).  (c)Special Temporary Authority. A special temporary authorization shall automatically terminate upon failure to comply with the conditions in the authorization.  PART 97 AMATEUR RADIO SERVICE ă  1.The authority citation for part 97 continues to read as follows:  AUTHORITY: 48 Stat. 1066, 1082, as amended; 47 U.S.C. sections 154, 303. Interpret or apply 48 Stat. 10641068, 10811105, as amended; 47 U.S.C. sections 151155, 301609, unless otherwise noted.  2.Section 97.303(j) is revised to read as follows:   97.303 Frequency sharing requirements.  * * * * *  (j)In the 13 cm band:  (1)The amateur service is allocated on a secondary basis in all ITU Regions. In ITU Region 1, no amateur station shall cause harmful interference to, and shall be not protected from interference due to the operation of, stations authorized by other nations in the fixed and mobile services. In ITU Regions 2 and 3, no amateur station shall cause harmful interference to, and shall not be protected from interference due to the operation of, stations authorized by other nations in the fixed, mobile and radiolocation services.  (2)In the United States:  (i)The 23002305 MHz segment is allocated to the amateur service on a secondary basis. (Currently the 23002305 MHz segment is not allocated to any service on a primary basis.)  (ii)The 23052310 MHz segment is allocated to the amateur service on a secondary basis to the fixed, mobile, and radiolocation services.  (iii)The 23902400 MHz segment is allocated to the amateur service on a primary basis.  (iv)The 24002402 MHz segment is allocated to the amateur service on a secondary basis. (Currently the 24002402 MHz segment is not allocated to any service on a primary basis.) The 24022417 MHz segment is allocated to the amateur service on a primary basis.  The 24172450 MHz segment is allocated to the amateur service on a cosecondary basis with the Government radiolocation service. Amateur stations operating within the 24002450 MHz segment must accept harmful interference that may be caused by the proper operation of industrial, scientific, and medical devices operating within the band. Separate Statement of Commissioner Susan Ness   Re: Wireless Communications Service (GN Docket No. 96228) I write separately to underscore my support for providing the public safety community with adequate and appropriate spectrum to meet its advanced communications needs. Public safety organizations deserve a spectrum plan that will enable different entities federal, state and local police, fire and rescue to communicate with each other on the same band, and to deploy the most sophisticated communications technologies and services available. Pursuant to Congressional directive, we took a long and hard look at 2.3 GHz and found it was not suitable for this purpose. However, I am pleased to endorse our recommendation that Congress permit a portion of our spectrum auction proceeds be used to meet public safety communications needs. I also intend to work with my colleagues to craft a comprehensive, long term solution to public safety spectrum needs in our upcoming Report and Order in the Public Safety proceeding (WT Docket No. 9686). A Public Safety Wireless Advisory Committee convened by the FCC and NTIA to consider public safety communications needs through the year 2010 issued its Final Report last September. The Report's recommendations and projections document the pressing need for substantial chunks of spectrum for both mobile and fixed wireless communications uses. Today, public safety uses a hodgepodge of bands across the radio spectrum derived by chance rather than through coordinated planning. As a result, police, fire, sheriff, and federal authorities use different radios and frequencies. Tragically, they cannot communicate directly with each other in an emergency unless they maintain multiple radios in their vehicles. This is both inefficient and expensive. Moreover, new technologies have spawned exciting wireless services to assist our emergency and law enforcement teams. Sufficient broad spectrum is needed to enable these agencies to use these new tools. Some of the spectrum that will be vacated in the television broadcasting conversion to digital appears to be ideal for public safety mobile needs. Additional microwave spectrum will also be required to connect public safety networks and to link various sites. As we review our options in the upcoming Public Safety proceeding, we should take care to make the spectrum blocks sufficiently large to foster low cost, spectrumefficient equipment, and select bands technically appropriate for their intended use. SEPARATE STATEMENT OF COMMISSIONER RACHELLE B. CHONG Re: Amendment of the Commissions Rules to Establish Part 27, the Wireless Communications Service ("WCS"), Report and Order, GN Docket 96228  In this decision, I support our determination not to apply the Commercial Mobile Radio Services (CMRS) spectrum cap to the new Wireless Communications Service (WCS). I write separately to express my belief that the Commission ought to examine whether the CMRS spectrum cap should be retained at all, given the increased competition in the wireless marketplace. I also write separately to reiterate my strong commitment to work with the public safety community to meet its wireless telecommunications needs.  In 1994, the CMRS spectrum cap was originally imposed by the Commission out of concern that "excessive aggregation [of spectrum] by any one of several CMRS licensees could reduce competition by precluding entry by other service providers and might thus confer excessive market power on incumbents."X` hp x (#%'0*,.8135@8: