Overview and Purpose of the Proceeding
On December 9, 1994, the Federal Communications Commission adopted a Notice of Proposed Rulemaking (FCC 94-314) in WT Docket No. 94-148 to simplify, reorganize, and consolidate the rules governing terrestrial microwave fixed radio services. Released on December 28, 1994, the rulemaking establishes a new Part 101 in Title 47 of the Code of Federal Regulations, bringing common carrier and private operational fixed microwave rules together.
Historically, common carrier microwave services have been regulated under Part 21, while private operational fixed microwave users have operated under Part 94. Because these services share substantial portions of the microwave spectrum above 1 GHz and use comparable equipment, technical standards and frequency coordination procedures have converged over the past decade. The Commission's consolidation effort reduces the volume of the affected rules by approximately 35 to 25 percent by eliminating duplicate application processes, obsolete sections, and repetitive definitions.
- Consolidates terrestrial fixed microwave rules from Part 21 and Part 94 into Part 101.
- Removes and reserves Part 94 for future Commission use.
- Retains Multipoint Distribution Service (MDS) and ITFS-related provisions within Part 21.
Streamlining Application and Licensing Procedures
Under the proposed Part 101 framework, the FCC seeks to standardize application processing across both private and common carrier fixed services, primarily managed by the Wireless Telecommunications Bureau's Licensing Division in Gettysburg, Pennsylvania. To reduce regulatory burdens, the FCC proposes eliminating several burdensome application showings previously required under Part 21.
The proposed changes also codify explicit operational milestones. Under proposed Section 101.63, stations must be in full operation within 12 months of initial grant (or 18 months for point-to-multipoint frequencies in the 10.6 GHz and 18 GHz bands). The Commission clarified in Section 101.63(c) that the transmission of operational traffic is required to satisfy construction and operational rules; test signals, color bars, or the mere capability of transmission will no longer prevent automatic forfeiture.
- Elimination of financial qualification showings and generic public interest narrative statements for common carrier applicants.
- Removal of local franchise submissions, station maintenance showings, site availability certifications, and vertical profile sketches.
- Implementation of electronic filing for fixed microwave services across Part 101.
- Proposal to eliminate the 10-day post-consummation notice requirement for assignments and transfers, and potential extension of consummation deadlines to 360 days.
Technical Standards and Industry Coordination Harmonization
Proposed Part 101 establishes unified technical standards across frequency bands from 928 MHz up to 40 GHz. The FCC incorporates industry coordination procedures developed jointly by the Telecommunications Industry Association (TIA TR14.11 Engineering Subcommittee) and the National Spectrum Managers Association (NSMA), reflecting updated interference criteria published in TIA Telecommunications Systems Bulletin TSB 10-F.
Under proposed Section 101.103, applicants must complete prior frequency coordination before filing regular license applications, major amendments, or facility modifications. The rules formalize a standard 30-day prior coordination notice and response cycle, permitting expedited windows where coordinating entities mutually agree.
- Inclusion of a comprehensive master Frequency Availability Table in Section 101.101.
- Standardized interference protection criteria under Section 101.105 based on TSB 10-F guidelines.
- Uniform minimum path length requirements ranging from 17 km for 1,850–7,125 MHz bands to 5 km for 10,550–13,250 MHz bands, with power derating equations for shorter paths.
- Consolidation of Category A and Category B directional antenna performance standards under Section 101.115.
Transmitter Power Limits, ATPC, and 2 GHz Relocation
Proposed Section 101.113 establishes a maximum Equivalent Isotropically Radiated Power (EIRP) limit of +55 dBW across point-to-point microwave bands from 4 GHz to 40 GHz, removing separate transmitter output limits to simplify licensing while matching international ITU coordination standards.
The Commission also reviewed the implementation of Automatic Transmitter Power Control (ATPC), which allows digital microwave transmitters to dynamically increase output by up to 3 dB during path fading events. In addition, Section 101.69 incorporates transition rules established in ET Docket 92-9 to govern the relocation of incumbent 2 GHz fixed microwave operators to higher bands to facilitate Personal Communications Services (PCS) and emerging technologies.
- Maximum EIRP capped at +55 dBW for point-to-point operations between 4 GHz and 40 GHz.
- Inquiry into licensing multi-level ATPC power parameters (maximum, coordinated, and nominal power levels) defined in TSB 10-F.
- Two-year voluntary and one-year mandatory negotiation timelines for commercial 2 GHz microwave relocation, with extended four-year voluntary windows for public safety licensees.
- Mandatory reimbursement and comparability testing guarantees provided by emerging technology licensees to relocated fixed microwave incumbents.
Rulemaking Schedule and Public Participation
This proceeding is conducted under non-restricted notice-and-comment rulemaking procedures pursuant to Sections 4(i) and 303(r) of the Communications Act of 1934, as amended. The Commission invited comments on all proposed subparts of the new Part 101, along with corresponding modifications to Parts 1 and 2.
Comments are due on or before February 3, 1995, and reply comments are due on or before February 21, 1995. Formal submissions require an original and four copies (or an original plus nine copies for direct distribution to Commissioners) delivered to the Office of the Secretary, Federal Communications Commission, Washington, D.C. 20554.
- Adopted Date: December 9, 1994
- Release Date: December 28, 1994
- Comment Deadline: February 3, 1995
- Reply Comment Deadline: February 21, 1995
- Commission Contact: Robert James, Wireless Telecommunications Bureau, (202) 634-1706