Allocation of Spectrum Below 5 GHz Transferred From Federal Government Use

The Commission declines to adopt additional service rules or coordination procedures for the amateur service and Data-PCS devices or for the amateur service. The Commission also prohibits airborne use of all unlicensed devices in the 2390-2400 MHz band in order to protect space research conducted at the National Astronomy and Ionospheric Center Observatory (NAIC) at Arecibo, Puerto Rico. In addition, the Commission declines to combine the 2390-2400 MHz and 2400-2483.5 MHz bands for use by both Data-PCS and other unlicensed devices. It reaffirms that as long as the unlicensed device satisfies the technical standards of the band in which it is operating, the device would be permitted to transmit in either band. This action permits immediate use of the 2390-2400 MHz and 2402-2417 MHz bands by the amateur service, Data-PCS devices, and other unlicensed devices under existing rules. Finally the new and enhanced services and uses permitted by this action will create new jobs, foster economic growth, and improve access to communications by industry and the American public.