Federal Register/Vol. 68, No. 92/Tuesday, May 13, 2003/Rules And

25512 Federal Register / Vol. 68, No. 92 / Tuesday, May 13, 2003 / Rules and Regulations

Dated: May 7, 2003. SUPPLEMENTARY INFORMATION: This is a on a shared primary basis with existing Christine Todd Whitman, summary of the Commission’s Report fixed and mobile services. Consistent Administrator. and Order, ET Docket No. 02–16, FCC with changes being made to the ■ For the reasons set out in the preamble, 03–39, adopted February 25, 2003, and allocation of the WARC–92 HFBC chapter I of title 40 of the Code of Federal released March 3, 2003. The full text of bands, the Commission ceased to issue licenses for new non-Federal Regulations is amended as follows: this Commission decision is available on the Commission’s Internet site at government stations in the fixed and PART 71—[AMENDED] www.fcc.gov. It is available for mobile services on April 1, 2001. The inspection and copying during normal Commission added informational notes ■ 1. The authority citation for part 71 business hours in the FCC Reference to part 80 (the maritime service rules) continues to read as follows: Information Center, Room CY–A257, stating that radioprinter use of the bands Authority: 42 U.S.C. 7401, et seq. 445 12th Street, SW., Washington, DC 5900–5950 kHz and 7300–7350 kHz and 20554. The complete text of this Alaska private-fixed station use of the Subpart A—[Amended] document also may be purchased from frequency 11601.5 kHz is on the the Commission’s copy contractor, condition that harmful interference is ■ 2. Section 71.9 is amended by adding Qualex International, Room CY–B402, not caused to HFBC. paragraph (f)(5) to read as follows: 445 12th Street, SW., Washington, DC 5. The Broadcasting Board of 20554. Alternate formats are available to Governors (‘‘BBG’’) filed comment in § 71.9 Permit fees. persons with disabilities by contacting reference to limiting WARC–92 HFBC * * * * * Brian Millin at (202) 418–7426 or TTY bands to single-sideband (‘‘SSB’’) (f) * * * (202) 418–7365. technology, which BBG believed would (5) Notwithstanding the above and limit flexibility and increase costs. The § 71.5(a)(2), initial fee payments for Summary of the Report and Order Commission agreed with BBG that sources that are subject to the part 71 1. In the Report and Order, the international broadcasters would not program for State-exempt agricultural Commission amended parts 2, 73, 74, use SSB techniques because recent ITU sources in California local air districts 80, 90, and 97 of the Commission’s rules studies demonstrated extremely limited are due on May 14, 2004. Before May to implement domestically various availability of SSB receivers. 14, 2004, initial applications from these allocation decisions from ITU World 6. Finally, the Commission amended sources that are timely and otherwise Radiocommunication Conferences rules that would update the complete shall not be deemed concerning the frequency bands below international broadcasting rules to incomplete due to the fact that fees are 28 MHz. reflect current practices and make them not submitted with the applications. 2. International Broadcast consistent with ITU Radio Regulations. * * * * * Frequencies. The Commission found The Commission revised the frequency [FR Doc. 03–11910 Filed 5–12–03; 8:45 am] that implementing allocation changes tolerance of 0.0015 percent of the from World Administration BILLING CODE 6560–50–U assigned frequency to the current ITU Radiocommunication Conference standard of 10 hertz in § 73.756(c). (‘‘WARC’’) 1979 and WARC–92 Given that there are few HFBC stations concerning high frequency broadcast and many are non-profit, the FEDERAL COMMUNICATIONS (‘‘HFBC’’) would significantly increase Commission is grandfathering existing COMMISSION the amount of spectrum available for stations that do not meet this new 47 CFR Parts 2, 73, 74, 80, 90, and 97 HFBC, and conform to international standard. Also, the HFBC definitions in regulations. The Commission states that § 73.701 of the rules are revised to [ET Docket No. 02–16; FCC 03–39] implementing these allocation changes reflect international requirements as would promote national interest around specified in the WRC–97 Final Acts. Below 28 MHz the world and increase the international Currently, the band 25600–25670 kHz is AGENCY: Federal Communications communications provided by HFBC. used by radio astronomy service and not Commission. 3. To provide more effective use of the by HFBC stations. Therefore, the WARC–79 HFBC bands, the Commission deleted this band from the ACTION: Final rule. Commission deleted the fixed service list of frequencies available to HFBC SUMMARY: In this document, the allocation from the WARC–79 bands to stations in part 73 of the rules. With the Commission amends its rules to make these bands available exclusively Commission’s rules now agreeing with implement domestically various to the broadcasting service. These bands the ITU Table of Frequency Allocations, allocation decisions from International are also added to the Commission’s domestic radio astronomy observations Telecommunication Union (‘‘ITU’’) rules for international broadcast are protected in this range. The World Radiocommunication stations, which provide an additional Commission also clarified the manner in Conferences concerning the frequency 850 kilohertz of exclusive spectrum for which the 7100–7300 kHz band is to be bands below 28 MHz. The rules update international broadcasters. Federal used by international broadcast stations the Commission’s rules so they are more government agencies are permitted to by adding cross references to the rules, consistent with international operate existing fixed stations in the and replacing the target zone map in regulations, update various rule parts to bands 9775–9900 kHz, 11650–11700 § 73.703 with the current ITU target affect the allocation changes, and kHz, and 11975–12050 kHz on a non- zone map. Finally, the last sentence in update rules that were not recently harmful interference basis to the § 73.766 is modified by changing the reviewed. international broadcast stations. highest modulating frequency from 5 4. Until the transition of the WARC– kilohertz to 4.5 kilohertz to reflect a DATES: Effective June 12, 2003. 92 HFBC bands to exclusive long-standing international provision. FOR FURTHER INFORMATION CONTACT: broadcasting service use becomes 7. AM Expanded Band. The Shameeka Parrott, Office of Engineering effective on April 1, 2007, the Commission found that the public and Technology, (202) 418–2062, email: Commission allocated the 790 kilohertz interest would be served providing [email protected]. of spectrum to the broadcasting service additional cleared spectrum in the band

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1605–1705 kHz for the AM broadcast operations. Consistent with this operate NAVTEX with unencumbered service to improve the technical decision, the Commission removed the access as a means to improving integrity of the service and to remove band 1605–1705 kHz from the maritime safety broadcast service to conflicting regulations from the Radiolocation Service Frequency Table mariners. Also, at the request of NTIA, Commission’s rules. Obsolete service in § 90.103 of the rules and deleted the Commission adopted international rules and frequency references for parts unneeded assignment limitations. The footnote 5.79A domestically so that the 74 and 90 in this band are removed in Commission had conversations with operating characteristics of established order to prevent incompatible frequency NTIA concerning the Federal stations in the NAVTEX service can be authorizations. This decision followed government’s radiolocation assignments coordinated by the Federal government the Commission’s deletion of the land in the sub-band 1615–1705 kHz. NTIA with other administrations consistent mobile allocation from the band 1605– agreed to relocate all Federal with the procedures of the International 1705 kHz in 1983, in which frequencies government stations currently operating Maritime Organization. within this band were inadvertently left in the AM Expanded Band within one 13. After the ITU reduced the guard in parts 74 and 90 of the rules. year of the adoption date of this Report band for the distress and calling Specifically, the Commission removed and Order (February 25, 2004). In frequency at 500 kHz from 20 kilohertz the frequencies 1606 kHz, 1622 kHz, response to this, the Commission is to 10 kilohertz, the Commission deleted and 1646 kHz from § 74.402(a)(1); the allowing the Federal government the 500 kHz from its maritime rules as frequency 1630 kHz from § 90.20(c)(3); radiolocation stations to continue to a distress and safety frequency, but kept the frequencies 1614 kHz, 1628 kHz, operate during this one-year transition this frequency available for Morse 1652 kHz, 1676 kHz, and 1700 kHz from period on the condition that harmful radiotelegraph functions. At WRC–03 § 90.35 (b)(3); and the band 1605–1705 interference is not caused to AM or TIS Member States will consider whether kHz from § 90.263. Consistent with stations. non-Global Maritime Distress and Safety removing frequencies 1606 kHz, 1622 10. Continued Use of Frequencies by System (‘‘GMDSS’’) requirements kHz, and 1646 kHz from § 74.402(a)(1), Broadcast Auxiliary Remote Pickup should be maintained in the ITU Radio the Commission also eliminated all Stations. The Commission is allowing Regulations, and until such time the reference to those frequencies from broadcast auxiliary stations to continue Commission renumbered international §§ 74.402(a) and 74.402(e)(1) and using the band 26100–26175 kHz footnote 472 as 5.83 in the U.S. Table. section 74.462(b). Also, mobile because use of this band by such Also, until WRC–03 makes a decision, travelers’ information stations (‘‘TIS’’) stations is significant and their the Commission renumbered continue to be authorized throughout secondary status will ensure that their international footnotes 472a and 474 as the AM Expanded Band as specified in operation will not hinder public coast 5.82 and 5.84, respectively, in the U.S. part 90 and Federal government TIS stations. A review of the Commission’s Table to reflect ITU changes. stations operating on 1610 kHz have licensing database showed that there 14. Although, WARC–79 primary status. were currently no public coast stations implementation transitioned the bands 8. With four Industrial/Business Pool making use of the four maritime 4000–4063 kHz and 8100–8195 kHz to and two non-Federal government frequencies (26110 kHz, 26130 kHz, the maritime mobile service, these radiolocation licensees operating in the 26150 kHz, and 26170 kHz). Therefore, bands are equally or primarily used by AM Expanded Band, these licensees are remote pickup stations will not impact the fixed service. Also, the ITU removed permitted to continue operation on a maritime mobile operations and will the resolution that facilitated the change non-interference basis to AM radio and allow for greater use of the radio of these bands to the maritime mobile TIS stations, until the end of their spectrum. service and its radio regulations current license term with no provision 11. Maritime Services. The band 285– maintain the fixed and maritime mobile for renewal. If an Industrial/Business 325 kHz is allocated for use in the service allocations in these bands on a Pool or radiolocation service operation United States to the maritime co-primary basis. Therefore, the is causing interference to either an AM radionavigation service on a primary Commission removed US236 and radio or TIS station, they will have to basis, limited to radiobeacons. These reinstated the direct U.S. Table fixed immediately cease transmission. The operations were authorized by NTIA service allocation for these bands on a Commission found that there is through footnote G121 of its Manual, primary basis to match the ITU table. sufficient alternative spectrum to meet but this footnote was not previously 15. Aeronautical Fixed Service. In the needs of licensees affected by this coordinated with the Commission. response to WRC–95, the Commission change and the Commission’s staff will Since this spectrum is Federal removed the limitation in footnote 459 work with those licensees to help them government/non-Federal government on use of the 160–190 kHz band to find suitable alternative channels if the shared spectrum and both entities aeronautical fixed use and allows all licensee desires. Also, no application benefit from the use of differential eligible fixed services to access this fee will be charged to licensees of global positioning system (‘‘DGPS’’) band. This brings our domestic rules in affected stations that apply for a systems, the Commission reclassified line with the ITU Radio Regulations and modification to obtain alternative this footnote as a U.S. footnote. opens the band for utilization by other channels before the end of their license 12. The Commission adopted potential users. It is noted that the term. international footnote 5.131 limitation only affects Region 2 polar 9. In order to protect the technical domestically, authorizing NAVTEX areas and that Power Line Carrier integrity of the AM Expanded Band, the systems to use the 4209.5 kHz frequency (‘‘PLC’’) uses will be coordinated with Commission deleted from the U.S. Table exclusively for the transmission by coast fixed use of the band; therefore, the the Federal government and non- stations of meteorological and Commission found that lifting the Federal government secondary navigational warnings and urgent aeronautical limitation will not harm radiolocation allocation in the band information to ships by means of the nation’s power network. 1605–1705 kHz. The Commission found narrow-band direct-printing techniques. 16. The Federal Aviation that these radiolocation operations can Since there are no incumbent users Administration (‘‘FAA’’) indicated that be relocated to the band 1900–2000 kHz operating in this frequency, the United they do not intend to implement an without significant impact to current States Coast Guard (‘‘USCG’’) can aircraft safety service in the band

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21870–21924 kHz. Also, the were reallocated for other purposes in in the AM Expanded Band (1605–1705 Commission found no apparent 1991, thus indicating clearly the kHz). domestic support for adopting channels that are available for ship and The RFA directs agencies to provide international footnote 5.155B, which coast station operations. a description of, and, where feasible, an limits most fixed use of the band to the 21. Further, the Commission added an estimate of the number of small entities provision of services related to aircraft informational note to § 90.35 stating that that may be affected by the action flight safety. Therefore, the Commission the use of frequencies 25120 kHz, 25140 taken.3 The RFA generally defines the did not implement footnote 5.155B kHz, 25160 kHz, 25180 kHz, and 25200 term ‘‘small entity’’ as having the same domestically, but maintains the footnote kHz were on a secondary basis to meaning as the terms ‘‘small business,’’ in the International Table for stations in the maritime mobile service ‘‘small organization,’’ and ‘‘small informational purposes. (part 80). In footnote US281, the governmental jurisdiction.’’4 In 17. Amateur Service. Because ITU Commission changed the band ‘‘25.07– addition, the term ‘‘small business’’ has Resolution No. 640 and international 25.11 MHz’’ to ‘‘25070–25210 kHz’’ and the same meaning as the term ‘‘small footnote 5.120 have been removed from updated ‘‘industrial radio service’’ and business concern’’ under the Small the ITU Radio Regulations, the ‘‘Forest Products Radio Service’’ to Business Act.5 A small business concern Commission removed footnote 5.120 ‘‘Industrial/Business Pool.’’ Limitation 9 is one that: (1) Is independently owned and § 97.401(b) from the Commission’s in 47 CFR 90.35 states this fact about and operated; (2) is not dominant in its rules. The Commission did not think footnote US281 and was added to the field of operation; and (3) meets any this would have an impact on the frequencies 25120 kHz, 25140 kHz, additional criteria established by the amateur stations to communicate with 25160 kHz, 25180 kHz, and 25200 kHz. Small Business Administration foreign stations in disaster areas, making 22. Additionally, the Commission (‘‘SBA’’).6 A small organization is the provisions based on the former ITU updated rule part cross reference in the generally ‘‘any not-for-profit enterprise Resolution No. 640 unnecessary. U.S. Table. Specifically, the which is independently owned and 18. Frequencies Available for Forest Commission deleted approximately 50 operated and is not dominant in its Products Licensees. The Commission cross references to the International field.’’7 Nationwide, as of 1992, there revised footnote US298 to agree with Fixed Public Radiocommunication were approximately 275,801 small terminology now used in part 90 of the Services (‘‘IFPRS’’) that no longer organizations.8 Finally, ‘‘small Commission’s rules and added the existed. Finally, the Commission governmental jurisdiction’’ generally frequencies indicated in the footnote to updated 18 international country means ‘‘governments of cities, counties, the Industrial/Business Radio Pool footnotes for informational purposes towns, townships, villages, school Frequency Table in § 90.35, with an because they did not apply to Region 2. districts, or special districts, with a appropriate note describing the limited population of less than 50,000.’’9 use that is permitted. This decision does Final Regulatory Flexibility Analysis Fixed Service. It is noted that there are not change any regulatory requirements, As required by the Regulatory 162 fixed assignments authorized under but merely makes the Commission’s Flexibility Act (‘‘RFA’’),1 the section 90.266 for long distance rules easier to understand. Commission incorporated an Initial communications,10 Alaska private-fixed 19. Ministerial Conforming Actions. Regulatory Flexibility Analysis assignments,11 and 5 aeronautical fixed The Commission made many non- (‘‘IRFA’’) in the Notice of Proposed station assignments 12 that operate in the substantive changes to update and Rulemaking and Order (‘‘Notice’’), ET bands that were reallocated pursuant correct the U.S. Table with regards to Docket No. 02–16.2 The Commission this Report and Order. Using the small frequency allocations below 28 MHz, sought written public comments on the business size standard, the Commission while the Commission also changed proposals in the Notice, including the believed that most of the section 90.266 U.S. footnotes to conform to previous IRFA. The Final Regulatory Flexibility licensees are telephone, gas, and power decisions and to update material in Analysis (‘‘FRFA’’) in the Report and companies that are not small businesses. certain rule parts. These changes were Order conforms to the RFA, as amended Because the Commission estimated that made to remove unnecessary material by the Contract With America most of these fixed service licensees from the Commission’s rules and to Advancement Act of 1996 (‘‘CWAAA’’), would not qualify as small entities reflect WRC–2000 Final Acts with Public Law 104–121, 110 Stat. 847 under the SBA definition, it is estimated regard to the International Table of (1996). Frequency Allocations within the Rules. By this action, the Commission 3 5 U.S.C. 603(b)(3). 20. The Commission removed reallocated 1640 kilohertz of spectrum 4 Id. 601(6). international footnote 5.60 from the from the fixed and mobile services to 5 5 U.S.C. 601(3) (incorporating by reference the bands 70–90 kHz and 110–130 kHz the broadcasting service. This action definition of ‘‘small business concern’’ in 15 U.S.C. because this footnote addressed a provides exclusive availability to 632). Pursuant to the RFA, the statutory definition limitation on an allocation that was of a small business applies ‘‘unless an agency, after broadcasting service in the HFBC bands. consultation with the Office of Advocacy of the never made domestically. Further, the The Commission made consequential Small Business Administration and after Commission removed the superfluous changes to various service rules that opportunity for public comment, establishes one or international footnote 5.80 from the updated the rules for bands below more definitions of such term which are band 415–435 kHz because it addressed appropriate to the activities of the agency and 28000 kHz, so that they better comport publishes such definition(s) in the Federal limitations that did not apply to this with international regulations. Finally, Register.’’ 5 U.S.C. 601(3). band. The Commission also removed this action clarifies the status of services 6 Small Business Act, 15 U.S.C. 632. the secondary direct U.S. Table 7 5 U.S.C. 601(4) 8 allocation for the space research service 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et 1992 Economic Census, U.S. Bureau of the in the band 19990–19995 kHz because seq., has been amended by the Contract With Census, Table 6 (special tabulation of data under this allocation was contained in America Advancement Act of 1996, Public Law contract to Office of Advocacy of the U.S. Small 104–121, 110 Stat. 847 (1996) (CWAAA). Title I of Business Administration). footnote G106, which was recently 9 the CWAAA is the Small Business Regulatory 5 U.S.C. 601(5). added to the band 19990–20010 kHz. Enforcement Fairness Act of 1996 (SBREFA). 10 47 CFR 90.266. The Commission updated footnote US82 2 See Notice of Proposed Rule Making and Order, 11 47 CFR 80, subpart O—Alaska Fixed Stations. by removing maritime channels that 17 FCC Rcd 2789 (2002). 12 47 CFR 87.275, 87.277, 87.279.

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that fewer than 184 small entities will transition from outdated equipment. Federal Communications Commission. be impacted by the reallocation. This transition relief will be necessary William F. Caton, Maritime Service. The Commission in instances in which equipment cannot Deputy Secretary. noted that there are four public coast maintain the stringent tolerance stations and four private coast stations required by the amended rule. This Rule Changes licensees that operate in the bands being Commission determined to grandfather reallocated, and it is estimated that existing international broadcast stations ■ For the reasons discussed in the almost all of them qualify as small at their current frequency tolerance.15 preamble, the Federal Communications under the SBA size standard. This will assist such non-profits, Commission amends 47 CFR parts 2, 73, International Broadcast Stations. The including small entities, by providing 74, 80, 90, and 97 as follows: transmissions of international broadcast relief from the rule as revised. Also, PART 2—FREQUENCY ALLOCATIONS stations are intended to be received with regard to small entities and others AND RADIO TREATY MATTERS; directly by the general public in foreign operating in the AM Expanded Band, 13 GENERAL RULES AND REGULATIONS countries. There are 24 international Commission staff will work with broadcast licensees, and the affected licensees to help them find ■ 1. The authority citation for part 2 Commission estimated that almost all of suitable alternative channels if the continues to read as follows: them qualify as small under the SBA licensee desires.16 No fee will be size standards. charged to licensees of affected stations Authority: 47 U.S.C. 154, 302a, 303, and Private Land Mobile Radio Services. that apply for modification for 336, unless otherwise noted. The Commission has not adopted a alternative channels before the end of special small business size standard for their license term. ■ 2. Amend § 2.106 as follows: private land mobile radio service The Commission will send a copy of ■ a. Revise pages 1 through 21 of the licensees.14 Therefore the size standards this Final Regulatory Flexibility Table. and census data small business Analysis, along with this Report and breakouts are utilized. This means that ■ b. In the list of International Footnotes Order, in a report to be sent to Congress in the Old Numbering Scheme, remove such entities are considered small if pursuant to the Congressional Review they employ no more than 1,500 footnotes 459, 471, 472, 472A, 474, and Act, 5 U.S.C. 801(a)(1)(A). In addition, 480. persons. There are 4 Industrial/Business the Commission will send a copy of this Pool licensees and 2 radiolocation Report and Order, including this FRFA, ■ c. In the list of United States Footnotes, licensees in the AM Expanded Band, to the Chief Counsel for Advocacy of the revise footnotes US18, US25, US82, and the Commission believed that none Small Business Administration. US104, US225, US231, US238, US281, of them qualify as small under the SBA US282, US283, US298, US321, US340, size standards. List of Subjects and US342. Remove footnotes US235 One significant alternative that the 47 CFR Parts 2, 73, 74, 90, 97 and US236. Add footnotes US364, Commission considered was whether or US366, and US367. not to allow the few high frequency Radio. The additions and revisions read as broadcast (‘‘HFBC’’) stations, many of 47 CFR Part 80 which are non-profit, a longer time to follows: Alaska, Radio. § 2.106 Table of Frequency Allocations. 13 See 47 CFR 73.701. 14 The service is defined in part 90 of the 15 See Report and Order ¶ 15. * * * * * Commission’s rules, 47 CFR 90. 16 See Report and Order ¶ 19. BILLING CODE 6712–01–P

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BILLING CODE 6712–01–C United States (US) Footnotes US18 Navigation aids in the U.S. and its * * * * * * * * * * insular areas in the bands 9–14 kHz, 90–110

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kHz, 190–415 kHz, 510–535 kHz, and 2700– basis, subject to the coordination and shall be limited to those frequencies 2900 MHz are normally operated by the agreement of those agencies having specifically allocated to the maritime mobile Federal Government. However, assignments within the maritime mobile and aeronautical mobile services. authorizations may be made by the FCC for band which may be affected. Assignments to * * * * * non-Federal Government operations in these Federal Government aeronautical US342 In making assignments to stations bands subject to the conclusion of radionavigation radiobeacons in the band of other services to which the following appropriate arrangements between the FCC 435–490 kHz shall not be a bar to any bands: and the Federal agencies concerned and required changes to the maritime mobile upon special showing of need for service radio service and shall be limited to non- 13360–13410 kHz, which the Federal Government is not yet voice emissions. 25550–25670 kHz, prepared to render. 37.5–38.25 MHz, * * * * * 322–328.6 MHz*, * * * * * US238 On the condition that harmful 1330–1400 MHz*, US25 The use of frequencies 26110 kHz, interference is not caused to the reception of 1610.6–1613.8 MHz*, 26130 kHz, 26151 kHz, and 26172 kHz may AM broadcast stations or to travelers’ 1660–1670 MHz, be authorized to non-Federal Government information stations, Federal Government 3260–3267 MHz*, remote pickup broadcast base and mobile stations in the band 1615–1705 kHz may 3332–3339 MHz*, stations on the condition that harmful continue operations until February 25, 2004. 3345.8–3352.5 MHz*, interference is not caused to the reception of * * * * * 4825–4835 MHz*, either international broadcast stations US281 In the band 25070–25210 kHz, 14.47–14.5 GHz*, transmitting in the band 25850–26100 kHz or non-Federal Government stations in the 22.01–22.21 GHz*, to coast stations transmitting in the band Industrial/Business Pool shall not cause 22.21–22.5 GHz, 26100–26175 kHz. harmful interference to, and must accept 22.81–22.86 GHz*, * * * * * interference from, stations in the maritime 23.07–23.12 GHz*, US82 The assignable frequencies in the mobile service operating in accordance with 31.2–31.3 GHz, bands 4146–4152 kHz, 6224–6233 kHz, the Table of Frequency Allocations. 36.43–36.5 GHz*, 8294–8300 kHz, 12353–12368 kHz, 16528– US282 In the band 4650–4700 kHz, 42.5–43.5 GHz, 16549 kHz, 18825–18846 kHz, 22159–22180 frequencies may be authorized for non- 48.94–49.04 GHz*, kHz, and 25100–25121 kHz may be Federal Government communication with 93.07–93.27 GHz*, authorized on a shared non-priority basis to helicopters in support of off-shore drilling 97.88–98.08 GHz*, Federal and non-Federal Government ship operations on the condition that harmful 140.69–140.98 GHz*, and coast stations (SSB telephony, with peak interference will not be caused to services 144.68–144.98 GHz*, envelope power not to exceed 1 kW). operating in accordance with the Table of 145.45–145.75 GHz*, * * * * * Frequency Allocations. 146.82–147.12 GHz*, US104 The LORAN Radionavigation US283 In the bands 2850–3025 kHz, 150–151 GHz*, System has priority in the band 90–110 kHz 3400–3500 kHz, 4650–4700 kHz, 5450–5680 174.42–175.02 GHz*, in the United States and its insular areas. kHz, 6525–6685 kHz, 10005–10100 kHz, 177–177.4 GHz*, Radiolocation land stations making use of 11275–11400 kHz, 13260–13360 kHz, and 178.2–178.6 GHz*, LORAN-type equipment may be authorized 17900–17970 kHz, frequencies may be 181–181.46 GHz*, to both Federal and non-Federal Government authorized for non-Federal Government flight 186.2–186.6 GHz*, licensees on a secondary basis for offshore test purposes on the condition that harmful 250–251 GHz*, radiolocation activities only at specific interference will not be caused to services 257.5–258 GHz*, locations and subject to such technical and operating in accordance with the Table of 261–265 GHz, operational conditions (e.g., power, emission, Frequency Allocations. 262.24–262.76 GHz*, pulse rate and phase code, hours of * * * * * 265–275 GHz, operation), including on-the-air testing, as US298 Channels 27555 kHz, 27615 kHz, 265.64–266.16 GHz*, may be required on a case-by-case basis to 27635 kHz, 27655 kHz, 27765 kHz, and 267.34–267.86 GHz*, ensure protection of the LORAN 27860 kHz are available for use by forest 271.74–272.26 GHz* radionavigation system from harmful product licensees on a secondary basis to are allocated (* indicates radio astronomy interference and to ensure mutual Federal Government operations including use for spectral line observations), all compatibility among radiolocation operators. experimental stations. Non-Federal practicable steps shall be taken to protect the Such authorizations to stations in the Government operations on these channels radio astronomy service from harmful radiolocation service are further subject to will not exceed 150 watts output power and interference. Emissions from spaceborne or showing of need for service which is not are limited to the states of Washington, air-borne stations can be particularly serious currently provided and which the Federal Oregon, Maine, North Carolina, South sources of interference to the radio Government is not yet prepared to render by Carolina, Tennessee, Georgia, Florida, astronomy service (see Nos. 4.5 and 4.6 and way of the radionavigation service. Alabama, Mississippi, Louisiana, and Texas Article 29 of the ITU Radio Regulations). * * * * * (eastern portion). * * * * * US225 In addition to its present Federal * * * * * US364 Consistent with US18, stations Government use, the band 510–525 kHz is US321 The band 535–1705 kHz is also may be authorized on a primary basis in the available to Federal and non-Federal allocated to the non-Federal Government band 285–325 kHz for the specific purpose of Government aeronautical radionavigation mobile service on a secondary basis for the transmitting differential global positioning stations inland of the Territorial Base Line as distribution of public service information system information. coordinated with the military services. In from Travelers’ Information Stations US366 On April 1, 2007, the bands 5900– addition, the frequency 510 kHz is available operating in accordance with the provisions 5950 kHz, 7300–7350 kHz, 9400–9500 kHz, for non-Federal Government ship-helicopter of 47 CFR 90.242 on 10 kilohertz spaced 11600–11650 kHz, 12050–12100 kHz, 13570– operations when beyond 100 nautical miles channels from 540 kHz to 1700 kHz. 13600 kHz, 13800–13870 kHz, 15600–15800 from shore and required for aeronautical * * * * * kHz, 17480–17550 kHz, and 18900–19020 radionavigation. US340 The band 2–30 MHz is available kHz shall be allocated exclusively to the * * * * * on a non-interference basis to Federal and broadcasting service. Beginning April 1, US231 When an assignment cannot be non-Federal Government maritime and 2007, frequencies in these bands may be used obtained in the bands between 200 kHz and aeronautical stations for the purposes of by stations in the fixed and mobile services, 525 kHz, which are allocated to aeronautical measuring the quality of reception on radio communicating only within the United States radionavigation, assignments may be made to channels. See 47 CFR 87.149 for the list of and its insular areas, on the condition that aeronautical radiobeacons in the maritime protected frequencies and bands within this harmful interference is not caused to the mobile band 435–490 kHz, on a secondary frequency range. Actual communications broadcasting service. When using frequencies

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for fixed and mobile services, licensees shall (e) Coordinated Universal Time the broadcasting service in International be limited to the minimum power needed to (UTC). Time scale, based on the second Telecommunication Union (ITU) achieve communications and shall take (SI), as defined in Recommendation Regions 1 and 3 as defined in 47 CFR. account of the seasonal use of frequencies by ITU–R TF.460–5. UTC is equivalent to 2.104(b). Assignments in the band the broadcasting service published in mean solar time at the prime median (0° accordance with Article 12 of the ITU Radio 7100–7300 kHz shall be limited to Regulations. longitude), formerly expressed as GMT. international broadcast stations located US367 On the condition that harmful * * * * * in ITU Region 3 insular areas (as interference is not caused to the broadcasting (g) Day. Any twenty-four hour period defined in 47 CFR. 2.105(a), note 4) that service, frequencies in the bands 9775–9900 beginning 0100 UTC and ending 0100 transmit to zones and areas of reception kHz, 11650–11700 kHz, and 11975–12050 UTC. in ITU Region 1 or 3. In addition, during kHz may be used by Federal Government (h) Schedule A. That portion of any the hours of 0800–1600 UTC stations in the fixed service communicating year commencing at 0100 UTC on the (Coordinated Universal Time) antenna within the United States and its insular areas last Sunday in March and ending at gain with reference to an isotropic that are authorized as of [effective date of the 0100 UTC on the last Sunday in Report and Order published in the Federal radiator in any easterly direction that Register]. Each such station shall be limited October. would intersect any area in Region 2 to a total radiated power of 24 dBW. (i) Schedule B. That portion of any shall not exceed 2.15 dBi, except in the year commencing at 0100 UTC on the * * * * * case where a transmitter power of less last Sunday in October and ending at than 100 kW is used. In this case, PART 73—RADIO BROADCAST 0100 UTC on the last Sunday in March. antenna gain on restricted azimuths SERVICES (j) [Reserved] shall not exceed that which is * * * * * determined in accordance with equation (l) Reference month. That month of a ■ 3. The authority citation for part 73 below. Stations desiring to operate in season which is used for determining continues to read as follows: this band must submit sufficient predicted propagation characteristics for antenna performance information to Authority: 47 U.S.C. 154, 303, 334 and 336. the season. The reference month for ensure compliance with these ■ 4. Section 73.701 is amended by Schedule A is July and the reference restrictions. Permitted Gain for revising paragraphs (a), (e), (g), (h), (i), (j), month for Schedule B is December. Transmitter powers less than 100 kW: and (l) to read as follows: * * * * * * * * * * ■ 5. Sections 73.702 is amended by § 73.701 Definitions. (3) In addition, frequencies within the revising paragraph (f) introductory text, following bands are assignable to the * * * * * (f)(1), (f)(2) introductory text, and (f)(3) to broadcasting service on an exclusive (a) International broadcast stations. A read as follows: basis after April 1, 2007: 5900–5950 broadcasting station employing § 73.702 Assignment and use of kHz, 7300–7350 kHz, 9400–9500 kHz, frequencies allocated to the frequencies. 11600–11650 kHz, 12050–12100 kHz, broadcasting service between 5900 and * * * * * 13570–13600 kHz, 13800–13870 kHz, 26100 kHz, the transmissions of which (f) Assigned frequencies shall be 15600–15800 kHz, 17480–17550 kHz, are intended to be received directly by within the following bands, which are and 18900–19020 kHz (WARC–92 HFBC the general public in foreign countries. allocated on an exclusive basis to the bands). (A station may be authorized more than broadcasting service: * * * * * one transmitter.) There are both Federal (1) 5950–6200 kHz, 9500–9900 kHz, ■ 6. Section 73.703 is amended by and non-Federal Government 11650–12050 kHz, 13600–13800 kHz, revising the map to read as follows: international broadcast stations; only 15100–15600 kHz, 17550–17900 kHz, the latter are licensed by the 21450–21850 kHz, and 25670–26100 § 73.703 Geographical zones and areas of Commission and are subject to the rules kHz. reception. of this subpart. (2) In addition, the band 7100–7300 * * * * * * * * * * kHz is allocated on an exclusive basis to BILLING CODE 6712–01–P

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BILLING CODE 6712–01–C

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■ 7. Section 73.756 is amended by PART 80—STATIONS IN THE CARRIER FREQUENCIES (kHz)— revising paragraph (c) to read as follows: MARITIME SERVICES Continued § 73.756 Transmission system ■ 13. The authority citation for part 80 1660.0 14 ...... 2471.0 3258.0 requirements. continues to read as follows: 1705.0 4 ...... 2479.0 3261.0 * * * * * 1709.0 ...... 2482.0 3303.0 Authority: Secs. 4, 303, 307(e), 309, and (c) Frequency tolerance. The 1712.0 ...... 2506.0 3365.0 332, 48 Stat. 1066, 1082, as amended; 47 2003.0 ...... 2509.0 4035.0 transmitter shall maintain the operating U.S.C. 154, 303, 307(e), 309, and 332, unless frequency within 10 Hz of the assigned 2006.0 ...... 2512.0 5164.5 otherwise noted. Interpret or apply 48 Stat. 2115.0 ...... 2535.0 3 5167.5 frequency. 1064–1068, 1081–1105, as amended; 47 2118.0 ...... 2538.0 5204.5 ■ 8. Section 73.766 is revised to read as U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST 2253.0 ...... 2563.0 2 6948.5 follows: 4726, 12 UST 2377. 2400.0 ...... 2566.0 2 7368.5 ■ 14. Section 80.373 is amended by 2419.0 ...... 2601.0 8067.0 § 73.766 Modulation and bandwidth. 2422.0 ...... 2616.0 8070.0 revising paragraph (d)(1) and by revising 2427.0 ...... 2691.0 2 11437.0 The percentage of modulation shall be the first seven entries in column 1 of the maintained as high as possible table in paragraph (i) to read as follows: 25 consistent with good quality of 11601.5 transmission and good broadcast § 80.373 Private communications 1 Use of 1660.0 kHz must be coordinated to practice. In no case shall it exceed 100 frequencies. protect radiolocation on adjacent channels. percent on positive or negative peaks of 2 Peak envelope power must not exceed 1 * * * * * kW for radiotelephony. Teleprinter use is au- frequent recurrence. It should not be (d) * * * thorized. less than 85 percent on peaks of (1) The following table describes the 3 The frequency 5167.5 kHz is available for frequent recurrence. The range of bands available for radioprinter simplex emergency communications in Alaska. Peak modulation frequencies shall be so communications between ship and envelope power of stations operating on this frequency must not exceed 150 watts. When a controlled that the authorized private coast stations: station in Alaska is authorized to use 5167.5 bandwidth of the emission shall not be kHz, such station may also use this frequency exceeded under all conditions of Frequency Bands (kHz) for calling and listening for the purpose of es- modulation. The highest modulating 2107–2170 4750–4850 tablishing communications. 4 Use of these frequencies is on a sec- frequency shall not exceed 4.5 kHz. 2194–2495 5060–5450 ondary basis to Region 2 broadcasting. 2505–2850 5700–5950 1 5 After April 1, 2007, use of the frequency PART 74—EXPERIMENTAL RADIO, 3155–3400 7300–8100 1 11601.5 kHz shall be on the condition that AUXILIARY, SPECIAL 4438–4650 harmful interference is not caused to HF broadcasting. BROADCASTING AND OTHER 1 After April 1, 2007, use of the sub-bands PROGRAM DISTRIBUTIONAL 5900–5950 kHz and 7300–7350 kHz shall be * * * * * SERVICES on the condition that harmful interference is not caused to HF broadcasting. PART 90—PRIVATE LAND MOBILE ■ 9. The authority citation for part 74 * * * * * RADIO SERVICES continues to read as follows: (i) * * * ■ Authority: 47 U.S.C. 154, 303, 307, 336(f), 16. The authority citation for part 90 336(h), and 554. Private Communications in Alaska continues to read as follows: Carrier Frequencies (kHz) Authority: Sections 4(i), 11, 303(g), 303(r), ■ 10. Section 74.402 is amended by 1619.0 3 *** and 332(c)(7) of the Communications Act of revising paragraph (a) introductory text 1622.0 3 1934, as amended, 47 U.S.C. 154(i), 161, and by removing and reserving 1643.0 3 303(g), 303(r), 332(c)(7). paragraphs (a)(1) and (e)(1) to read as 3 1646.0 § 90.20 [Amended] follows: 1649.0 3 ■ 17. Section 90.20 is amended by § 74.402 Frequency assignment. 1652.0 3 3 removing the frequency entry for ‘‘1630’’ (a) The following channels may be 1705.0 *** in paragraph (c)(3). assigned for use by broadcast remote ■ 18. Amend § 90.35 as follows: pickup stations using any emission * * * * * 3 Use of these frequencies is on a secondary ■ a. In paragraph (b)(3), remove the (other than single sideband or pulse) frequency entries for 1614, 1628, 1652, that will be in accordance with the basis to Region 2 broadcasting. * * * * * 1676, and 1700 kHz. provisions of § 74.462. ■ b. In paragraph (b)(3), revise the ■ 15. Section 80.387 is amended by * * * * * frequency entries for 25.12, 25.14, 25.16, revising the table in paragraph (b) to read 25.18, and 25.20 MHz. § 74.462 [Amended] as follows: ■ c. In paragraph (b)(3), add the ■ 11. Section 74.462 is amended by § 80.387 Frequencies for Alaska fixed frequency entries in numerical order for removing the entry containing the single stations. 27.555, 27.615, 27.635, 27.655, 27.765, text ‘‘kHz’’ in the Frequencies column (b) Alaska private-fixed station and 27.86 MHz. and the entry for frequencies 1606, 1622, frequencies: ■ d. Remove and reserve paragraph and 1646 from the table in paragraph (b). (c)(2). ■ § 74.464 [Amended] CARRIER FREQUENCIES (kHz) e. Add paragraph (c)(82). The additions and revisions read as ■ 12. Section 74.464 is amended by 1643.0 4 ...... 2430.0 2773.0 follows: removing the entry for frequency range 1646.0 4 ...... 2447.0 3164.5 1.6 to 2 MHz, the entry for 200 W or less, 1649.0 4 ...... 2450.0 3183.0 § 90.35 Industrial/Business Pool. the entry for over 200 W, and footnote 1 1652.0 4 ...... 2463.0 3196.0 * * * * * from the table. 1657.0 4 ...... 2466.0 3201.0 (b) * * *

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INDUSTRIAL/BUSINESS POOL FREQUENCY TABLE

Frequency or band Class of station(s) Limitations Coordinator

Kilohertz

2000 to 25000 ...... Fixed, base or mobile ...... 1 2292 ...... Base or mobile ...... 4, 5, 7 2398 ...... do ...... 5, 7 4637.5 ...... do ...... 5, 7

Megahertz

******* 25.12 ...... do ...... 9 ...... IP 25.14 ...... do ...... 3, 4, 9 ...... IP 25.16 ...... do ...... 9 ...... IP 25.18 ...... do ...... 3, 4, 9 ...... IP 25.20 ...... do ...... 9 ...... IP

******* 27.555 ...... Base or mobile ...... 82 27.615 ...... do ...... 82 27.635 ...... do ...... 82 27.655 ...... do ...... 82 27.765 ...... do ...... 82 27.86 ...... do ...... 82 29.71 ...... do.

*******

(c) * * * Oregon, Maine, North Carolina, South paragraph (c)(4), by removing (82) The frequency may be assigned Carolina, Tennessee, Georgia, Florida, paragraphs (c)(28) and (c)(29), and by only to entities meeting the definition of Alabama, Mississippi, Louisiana, and redesignating paragraphs (c)(30) and a forest product licensee (see § 90.7). Texas (eastern portion). (c)(31) as paragraphs (c)(28) and (c)(29) Operations are on a secondary basis to * * * * * to read as follows: Federal Government operations including experimental stations, will 19. Section 90.103 is amended by § 90.103 Radiolocation Service. not exceed 150 watts output power, and revising the kilohertz section of the * * * * * are limited to the states of Washington, table in paragraph (b), by revising (b) * * *

RADIOLOCATION SERVICE FREQUENCY TABLE

Frequency or band Class of station(s) Limitations

Kilohertz

70 to 90 ...... Radiolocation land or mobile ...... 1 90 to 110 ...... Radiolocation land ...... 2 110 to 130 ...... Radiolocation land or mobile ...... 1 1705 to 1715 ...... do ...... 4, 5, 6 1715 to 1750 ...... do ...... 5, 6 1750 to 1800 ...... do ...... 5, 6, 7 1900 to 1950 ...... do ...... 6, 25, 26, 27, and 30 1950 to 2000 ...... do ...... 6, 25, 27, and 30 3230 to 3400 ...... do ...... 6, 8

*******

(c) * * * § 90.263 Substitution of frequencies below frequencies are available for assignment 25 MHz. (4) The non-Federal Government in many areas; however, in individual radiolocation service in this band is on Frequencies below 25 MHz when cases such assignment may be a secondary basis to stations in the shown in the radio pool frequency impracticable due to conflicting aeronautical radionavigation service listings under this part will be assigned frequency use authorized to stations in operating on 1708 kHz. to base or mobile stations only upon a other services by this and other countries. In such cases, a substitute * * * * * satisfactory showing that, from a safety of life standpoint, frequencies above 25 frequency, if found to be available, may ■ 20. Section 90.263 is revised to read as MHz will not meet the operational be assigned from the following bands: follows: requirements of the applicant. These 1705–1750 kHz, 2107–2170 kHz, 2194–

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2495 kHz, 2506–2850 kHz, 3155–3400 redesignating paragraphs (c) and (d) as The document number was kHz, or 4438–4650 kHz. Since such (b) and (c). inadvertently listed as DA 03–345 in assignments are in certain instances [FR Doc. 03–11723 Filed 5–12–03; 8:45 am] lieu of DA 03–435. This document corrects the document number. subject to additional technical and BILLING CODE 6712–01–P operation limitations, it is necessary DATES: Effective on May 13, 2003. that each application also include FOR FURTHER INFORMATION CONTACT: precise information concerning FEDERAL COMMUNICATIONS Victoria M. McCauley, Media Bureau, transmitter output power, type and COMMISSION (202) 418–2180. directional characteristics, if any, of the SUPPLEMENTARY INFORMATION: The FCC antenna, and the minimum necessary 47 CFR Part 73 published a document in the Federal hours of operation. (This section is not [DA 03–435; MB Docket No. 02–300, RM– Register of March 6, 2003, (68 FR 10576; MB Docket No. 02–296, RM–10571; applicable to the Radiolocation Radio 10665) allotting six FM channels to Service, subpart F.) MB Docket No. 02–298, RM–10574; MB Docket No. 02–299, RM–10575; MB Docket various communities in Oklahoma and Texas. In FR Doc. 03–5338, the PART 97—AMATEUR RADIO SERVICE No. 02–297, RM–10572; MB Docket No. 02– 302, RM–10579] document number was listed incorrectly. This document changes the ■ 21. The authority citation for part 97 Radio Broadcasting Services; document number to DA 03–435. continues to read as follows: Colorado City, O’Brien, Panhandle, ■ In rule FR Doc. 03–5338 published on Authority: 48 Stat. 1066, 1082, as Shamrock, Stamford, TX, and Taloga, OK March 6, 2003, (68 FR 10665) make the amended; 47 U.S.C. 154, 303. Interpret or following correction. On page 10665, in apply 48 Stat. 1064–1068, 1081–1105, as AGENCY: Federal Communications the first column, line 4, correct the amended; 47 U.S.C. 151–155, 301–609, Commission. document number to DA 03–435. unless otherwise noted. ACTION: Final rule, correction. Federal Communications Commission. § 97.401 [Amended] SUMMARY: The Federal Communications John A. Karousos, ■ 22. Section 97.401 is amended by Commission published in the Federal Assistant Chief, Audio Division, Media Bureau. removing paragraph (b) and by Register of March 6, 2003, a document allotting six FM channels to various [FR Doc. 03–11816 Filed 5–12–03; 8:45 am] communities in Oklahoma and Texas. BILLING CODE 6712–01–P

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