Federal Register / Vol. 67, No. 67 / Monday, April 8, 2002 / Proposed Rules 16673
(b) The CSB shall maintain a complete FEDERAL COMMUNICATIONS [email protected]. For additional verbatim copy of the transcript, a COMMISSION information concerning the information complete copy of the minutes, or a collection(s) contained in this complete electronic recording of each 47 CFR Parts 2, 73, 74, 80, 90 and 97 document, contact Judith Boley Herman meeting, or a portion thereof, closed to [ET Docket No. 02–16; FCC 02–27] at 202–418–0214 or [email protected]. the public for at least two years after SUPPLEMENTARY INFORMATION: This is a such meeting, or until one year after the WRC Frequency Bands Below 28000 summary of the Commission’s Notice of conclusion of any CSB proceeding with kHz Proposed Rule Making and Order respect to which the meeting, or a (‘‘NPRM and Order’’), ET Docket 02–16, AGENCY: Federal Communications portion thereof, was held, whichever FCC 02–27, adopted January 30, 2002, Commission. occurs later. and released February 7, 2002. The full ACTION: Proposed rule. text of this Commission decision is § 1603.12 Availability of transcripts, available for inspection and copying SUMMARY: This document proposes to recordings, and minutes, and applicable during normal business hours in the fees. amend our rules in order to implement domestically various allocation FCC Reference Information Center, The CSB shall make promptly decisions from International Room CY-A257, 445 12th Street, SW, available to the public the transcript, Telecommunication Union (‘‘ITU’’) Washington, DC, and also may be electronic recording, or minutes of the World Radiocommunication purchased from the Commission’s discussion of any item on the agenda or Conferences concerning the frequency duplication contractor, Qualex of any testimony received at a meeting, bands below 28000 kilohertz (‘‘kHz’’). International (202) 863–2893, Room CY- except for such item, or items, of The most significant of these proposals B402, 445 12th Street, SW, Washington, discussion or testimony as determined is to reallocate high frequency (‘‘HF’’) DC 20554. by the CSB to contain matters which spectrum from the fixed and mobile This NPRM and Order contains a may be withheld under the exemptive services to the broadcasting service. We proposed information collection(s) provisions of § 1603.7. Copies of the also propose to make various minor subject to the Paperwork Reduction Act nonexempt portions of the transcript or amendments to our U.S. Table of of 1995 (PRA). It has been submitted to minutes, or transcription of such Frequency Allocations (‘‘U.S. Table’’) the Office of Management and Budget recordings disclosing the identity of and to several of our service rules. In (OMB) for review under the PRA. OMB, each speaker, shall be furnished to any sum, the proposed actions would the general public, and other Federal person at the actual cost of transcription update our Rules for frequency bands agencies are invited to comment on the or duplication. Requests for transcripts, below 28000 kHz so that they better proposed information collections recordings, or minutes shall be made in comport with international regulations, contained in this proceeding. writing to the General Counsel of the would update various rule parts to Paperwork Reduction Act: This NPRM CSB, 2175 K Street, NW, Suite 400, effectuate the allocation changes, and and Order contains a proposed Washington, DC 20037. would otherwise clean-up rules that information collection. The have not recently been reviewed. Commission, as part of its continuing § 1603.13 Report to Congress. effort to reduce paperwork burdens, DATES: Comments are due on or before invites the general public and the Office The CSB General Counsel shall May 8, 2002 and reply comments are of Management and Budget (OMB) to annually report to the Congress due on or before June 7, 2002. Written comment on the information regarding the Board’s compliance with comments by the public on the collection(s) contained in this NPRM the Government in the Sunshine Act, proposed information collections are and Order, as required by the Paperwork including a tabulation of the total due on or before May 8, 2002. Written Reduction Act of 1995, Public Law 104– number of open meetings, the total comments must be submitted by the 13. Public and agency comments are number of closed meetings, the reasons Office of Management and Budget due at the same time as other comments for closing such meetings and a (OMB) on the proposed information on this NPRM and Order; OMB description of any litigation brought collection(s) on or before June 7, 2002. notification of action is due on or before against the Board pursuant to the ADDRESSES: All filings must be sent to June 7, 2002. Comments should address: Government in the Sunshine Act, the Commission’s Acting Secretary, Bill (a) Whether the proposed collection of including any cost assessed against the Caton, Office of the Secretary, Federal information is necessary for the proper Board in such litigation (whether or not Communications Commission, 415 12th performance of the functions of the paid by the Board). Street, SW, TW-A325, Washington, DC Commission, including whether the 20554. In addition to filing comments § 1603.14 Severability. information shall have practical utility; with the Secretary, a copy of any (b) the accuracy of the Commission’s If any provision of this part or the comments on the information burden estimates; (c) ways to enhance application of such provision to any collections contained herein should be the quality, utility, and clarity of the person or circumstances, is held invalid, submitted to Judith Boley Herman, information collected; and (d) ways to the remainder of this part or the Federal Communications Commission, minimize the burden of the collection of application of such provision to persons Room 1-C804, 445 12th Street, SW, information on the respondents, or circumstances other than those as to Washington, DC 20554, or via the including the use of automated which it is held invalid, shall not be Internet to [email protected], and to collection techniques or other forms of affected thereby. Jeanette Thornton, OMB Desk Officer, information technology. Room 10236 NEOB, 725 17th Street, Dated: April 3, 2002. OMB Control Number: 3060–XXXX. NW., Washington, DC 20503 or via the Title: Part 73 Subpart F International Christopher W. Warner, Internet to [email protected]. Broadcast Stations. General Counsel. FOR FURTHER INFORMATION CONTACT: Tom Form No.: FCC 309, FCC 310, FCC [FR Doc. 02–8437 Filed 4–5–02; 8:45 am] Mooring, Office of Engineering and 311. BILLING CODE 6350–01–U Technology, at (202) 418–2450 or Type of Review: New Collection.
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Respondents: Businesses and not-for- particular, we propose to clarify the stations will operate on the condition profit entities. status of services operating in the AM that harmful interference is not caused Number of Respondents: 24. Expanded Band (1605–1705 kHz). To to the broadcasting service. Estimated Time Per Response: 0.5 prevent the licensing of Industrial/ 4. At the 1992 World Administrative hours—10 hours. Business Pool stations (which no longer Radio Conference (‘‘WARC–92’’), the Frequency of Response: On occasion have an allocation in the AM Expanded following bands were allocated to the filing requirements, annual Band) during the pendency of this broadcasting service on a primary (and recordkeeping requirement. proceeding, we will no longer accept ultimately exclusive) basis throughout Total Annual Burden: 684 hours. applications for new licenses or the world: 5900–5950 kHz, 7300–7350 Total Annual Costs: $42,970. modifications or renewals of existing kHz, 9400–9500 kHz, 11600–11650 kHz, Needs and Uses: Information licenses for frequencies in the band 12050–12100 kHz, 13570–13600 kHz, collected pursuant to the rules sent forth 1605–1705 kHz and applicants with 13800–13870 kHz, 15600–15800 kHz, in 47 CFR Part 73, Subpart F used by the such pending applications will be given 17480–17550 kHz, and 18900–19020 Commission to assign frequencies for the opportunity to specify other kHz. Exclusive broadcasting use of the use by international broadcast stations, frequencies. We also propose to permit WARC–92 HFBC bands is to become to grant authority to operate such stations in the Industrial/Business Pool effective on April 1, 2007. However, stations, and to determine if interference and radiolocation service that are until the transition period has or adverse propagation conditions exists assigned frequencies in the band 1605– concluded, we anticipate that fixed and that may impact the operation of such 1705 kHz to continue to operate until mobile use will continue to be the main stations. the end of their current license term on use of these bands in the United States. Summary of the Notice of Proposed a non-interference basis (‘‘NIB’’) to AM Therefore, in derogation of the ITU Rulemaking radio stations and travelers’’ Radio Regulations, we propose to information stations (‘‘TIS’’), without an maintain the existing direct Table 1. This NPRM and Order proposes to opportunity for renewal. In addition, we allocations to the fixed and mobile amend Parts 2, 73, 74, 80, 90, and 97 of propose to permit remote pickup services in the WARC–92 HFBC bands our Rules in order to implement broadcast stations to continue at this time in order to highlight the domestically various allocation operations in the band 26100–26175 main use of these bands. We propose decisions from ITU World kHz, to remove outdated regulations in this action at the request of NTIA. Radiocommunication Conferences the aeronautical fixed and amateur radio Accordingly, we propose to allocate this concerning the frequency bands below services, and to make six new 690 kilohertz of spectrum to the 28000 kHz. The most significant of these frequencies available for forest product broadcasting service on a shared proposals is to reallocate HF spectrum licensees in limited geographic areas of primary basis with existing fixed and from the fixed and mobile services to the country. mobile services and to add these bands the broadcasting service. The long-range to Part 73, Subpart F of our Rules. We propagation characteristics of HF International Broadcast Stations anticipate that this action would frequencies enable audio programs to be 3. At the 1979 World Administrative ultimately permit most international received directly by the general public Radio Conference (‘‘WARC–79’’), the broadcast stations to operate in bands in countries far from the country of following bands were allocated to the allocated exclusively to the broadcast origin, and thus HF broadcasting broadcasting service on an exclusive stations to operate in bands allocated (‘‘HFBC’’) is also known as international basis throughout the world: 9775–9900 exclusively to the broadcasting service. broadcasting. Specifically, we propose kHz, 11650–11700 kHz, 11975–12050 As a consequence of maintaining direct to make an additional 1540 kilohertz of kHz, 13600–13800 kHz, 15450–15600 Table allocations for the fixed and spectrum available exclusively for use kHz, 17550–17700 kHz, and 21750– mobile services, we propose to adopt a by international broadcast stations, with 21850 kHz. The WARC–79 HFBC bands new United States footnote in lieu of 850 kilohertz immediately available and became effective provisionally in 1999. international footnotes S5.136, S5.143, the remainder available after a transition Therefore, we propose to delete the S5.146, and S5.151. period that ends on April 1, 2007. Until fixed service from the WARC–79 HFBC 5. We also propose to cease issuing the completion of the transition period, bands, thereby making this spectrum licenses for new non-Federal fixed and mobile stations in that available exclusively to the broadcasting Government stations in the fixed and spectrum would be allowed to continue service, and to add these bands to the mobile services in the WARC–92 HFBC to operate on a primary basis; after that rules for international broadcast bands on April 1, 2007, consistent with date, these stations would be allowed to stations. This action would provide the proposed allocation changes for continue to operate on the condition international broadcasters with an these services. We anticipate that these that harmful interference is not caused additional 850 kilohertz of spectrum. requirements can be met in other HF to the broadcasting service. This action We anticipate that this action would bands allocated to the fixed and mobile would significantly increase the amount permit significantly more HFBC stations services. With regard to non-Federal of spectrum available to international to operate in bands allocated Government fixed and mobile licenses broadcasters on a worldwide basis, thus exclusively to the broadcasting service, granted in the WARC–92 HFBC bands facilitating the provision of information thereby reducing the need to coordinate prior to the adoption of a Report and and entertainment to people throughout with fixed stations. Regarding Order in this proceeding, we instruct the world. In addition, we propose to incumbent operations, the National the Wireless Telecommunications update our Rules for international Telecommunications and Information Bureau to add an informational note on broadcast stations (Part 73, Subpart F) in Administration (‘‘NTIA’’) has informed these licenses that the authorization order to add the new frequency bands us that, consistent with international may be conditioned as a result of action and to otherwise conform to footnote S5.147, Federal agencies would taken in this proceeding. international regulations. continue to operate fixed stations in 6. We anticipate that the WARC–92 2. We also propose to make various three of the WARC–79 HFBC bands HFBC bands will be more heavily used minor amendments to our U.S. Table (9775–9900 kHz, 11650–11700 kHz, and by international broadcast stations after and to several of our service rules. In 11975–12050 kHz) and that these fixed April 1, 2007 because HFBC stations
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will no longer need to protect fixed and feasible to modify existing transmitters between these high-powered AM radio mobile operations and because some to meet this standard. If so, what costs stations. In particular, we note that HFBC stations now operating in other are involved? Additionally, we request Federal Government TIS stations bands will move to these frequencies. that commenters address the effects that operating on the frequency 1610 kHz Thus, fixed and mobile licensees may grandfathering existing stations at their have primary status. Therefore, we wish to consider moving to other bands current frequency tolerance would have tentatively find that there is no prior to April 1, 2007, especially if their on this service. Second, we propose to spectrum available for any other use. current license expires prior to that revise various HFBC definitions in Accordingly, we propose to remove time, because of the expected difficulty § 73.701 of our Rules to reflect these frequencies from parts 74 and 90 of co-channel sharing between high- international requirements as specified of our rules. powered, directional international in the WRC–97 Final Acts. In particular, 9. To prevent the licensing of Public broadcast stations and stations operating we observe that internationally the Safety, Industrial/Business Pool, and in other services. In this regard, we number of seasonal schedules per year remote pickup stations in the AM observe that equipment used by has been reduced from four to two. Expanded Band during the pendency of licensees in the fixed service below Third, we propose to delete the band this proceeding, such applications will 25000 kHz is required to be ‘‘capable of 25600–25670 kHz from the list of no longer be granted. We will no longer transmitting and receiving on any frequencies available to HFBC stations accept applications for new licenses or frequency in the bands assigned to the in Part 73 of our Rules. This band is not modifications or renewals of existing particular operation and capable of currently used by HFBC stations and licenses for frequencies within the band immediate change among the this proposal would conform our Rules 1605–1705 kHz as of the effective date frequencies,’’ i.e., the equipment is to the ITU’s Table of Frequency of this (‘‘NPRM and Order’’). Any such tunable. It is our experience that Allocations and thus, protect radio applications received on or after that maritime mobile equipment in this astronomy observations in this date will be returned as unacceptable frequency range is also tunable. Given frequency range. Fourth, we propose to for filing. Pending applications will be that there are other HF bands allocated clarify how the band 7100–7300 kHz dismissed, unless they are modified to to the fixed and mobile services and that may be used by international broadcast specify alternative frequencies. We take existing equipment is tunable to these stations. Fifth, we propose to replace the this action to permit the orderly and frequencies, we tentatively find that map depicting geographical zones or effective resolution of the issue of fixed and mobile assignments now areas of reception (‘‘target zone map’’) in mobile services (excluding TIS) using the WARC–92 HFBC bands could § 73.703 with the current ITU target operating in the AM Expanded Band. continue operations using other HF zone map. Sixth, we propose to modify We anticipate this action will have spectrum after the April 1, 2007 the last sentence of § 73.766 to change minimal impact because very few such effective date for exclusive HFBC use. the highest modulating frequency from applications are received from Public We request comment on the ease and 5 kilohertz to 4.5 kilohertz to reflect a Safety, Industrial/Business Pool, and feasibility of retuning fixed and mobile long-standing international provision. remote pickup eligibles to operate in operations out of the WARC–92 HFBC We believe that our HFBC licensees this band and because alternative land bands. Specifically, are there significant have already made this technical mobile spectrum is available. 10. The band 1605–1705 kHz also is costs or hardships associated with fixed change. The adoption of these proposals allocated to the radiolocation service on and mobile licensees retuning to would make our rules easier to use and a secondary basis for use by both frequencies outside of the WARC–92 would avoid the confusion that could result from different Commission and Federal and non-Federal Government HFBC bands and if so, what actions licensees. This allocation is codified in could mitigate such impact? Finally, as international requirements for international broadcast operations. We footnote US238. While our rules have a consequence of the upcoming long recommended that radiolocation reallocation, we propose to add request comment on all of the above proposals. stations operating in the band 1605– informational notes to Part 80 (the 1705 kHz be relocated to the band 1900– maritime service rules) stating that AM Expanded Band 2000 kHz, two non-Federal Government radioprinter use of the bands 5900–5950 8. We observe that, when the land radiolocation licensees continue to kHz and 7300–7350 kHz and Alaska mobile allocation was deleted from the operate in this spectrum. Therefore, in private-fixed station use of the band 1605–1705 kHz in 1983, order to better protect the technical frequency 11601.5 kHz will be on the frequencies within this band were integrity of the AM Expanded Band, we condition that harmful interference is inadvertently not removed from parts 74 propose to delete the radiolocation not caused to HF broadcasting. We and 90 of our Rules. Specifically, the service from the band 1605–1705 kHz in request comment on these proposals frequencies 1606 kHz, 1622 kHz, and both the Federal and non-Federal and assumptions. 1646 kHz are listed in § 74.402(a)(1); the Government Table of Frequency 7. In order to bring the Commission’s frequency 1630 kHz is listed in Allocations. Consistent with this action, Rules for international broadcast § 90.20(c)(3); the frequencies 1614 kHz, we also propose to remove the band stations into conformance with current 1628 kHz, 1652 kHz, 1676 kHz, and 1605–1705 kHz from the Radiolocation international provisions, we propose to 1700 kHz are listed in § 90.35(b)(3), and Service Frequency Table in § 90.103 of make the following amendments to Part the band 1605–1705 kHz is listed in our Rules and to delete unneeded 73, Subpart F. First, we propose to § 90.263. We note that approximately 25 assignment limitations. Finally, we have amend § 73.756(c) by revising the AM radio stations are operating in the had discussions with NTIA concerning frequency tolerance of 0.0015 percent of Expanded Band, that a total of 67 AM the Federal Government’s radiolocation the assigned frequency to the current radio stations are anticipated to be assignments in the sub-band 1615–1705 ITU standard of 10 hertz. We request operating in this spectrum within the kHz. NTIA has agreed to relocate all of comment on the number of HFBC next 18 months, and that over 275 these assignments within one year of the stations currently operating that meet Federal and 568 non-Federal adoption date of the Report and Order the more stringent standard. Further, we Government low power (10 watts) TIS in this proceeding. During this one-year request comment on whether it is currently operate on AM channels transition period, we propose to permit
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these Federal Government radiolocation these coast station transmissions. We purposes and propagation stations to continue to operate on the request comment on this proposal. characteristics of this frequency obviates condition that harmful interference is its use for any other purpose. Maritime Services not caused to AM or TIS reception. In Accordingly, we propose to adopt addition, NTIA has agreed to relocate 14. The band 285–325 kHz is Federal/ international footnote S5.131 out of the AM Expanded Band all non-Federal Government shared domestically. Federal Government stations currently spectrum that is allocated to the 17. Second, international footnote operating in this spectrum without an maritime radionavigation service on a S5.79A states that when establishing allocation. primary basis, limited to radiobeacons. stations in the NAVTEX service on the 11. While there are no Public Safety This band is also being used by Federal frequencies 490 kHz, 518 kHz, and or remote pickup licensees currently agencies for the provision of differential 4209.5 kHz, administrations are strongly operating in the AM Expanded Band, global positioning system (‘‘DGPS’’) recommended to coordinate the four Industrial/Business Pool and two information. NTIA currently authorizes operating characteristics in accordance radiolocation licensees operate in this this function through footnote G121 of with the procedures of the International spectrum. We propose to permit these its Manual, but this footnote has not Maritime Organization. NAVTEX currently licensed stations to continue previously been coordinated with the service is currently provided only by the to operate until the end of their current Commission. We believe that because Federal Government. NTIA requests that license term on a NIB basis to AM radio the band 285–325 kHz is shared we adopt international footnote S5.79A spectrum, footnote G121 should be and TIS stations, without an domestically, and accordingly, we reclassified as a United States footnote. opportunity for renewal. Additionally, if propose to do so. 15. The frequency 500 kHz is the we determine that any of these stations 18. In the bands 4000–4063 kHz and international distress and calling 8100–8195 kHz, we propose to remove in the Industrial/Business Pool or frequency for Morse radiotelegraphy in the fixed service allocation because the radiolocation service is causing harmful the mobile service. A narrower 10 transition period for reallocating this interference to either an AM radio or kilohertz guard band requirement (495– spectrum exclusively to the maritime TIS station, we propose to require that 505 kHz) became effective in February mobile service has passed. We request the station immediately cease 1999, when the Global Maritime comment on all of the maritime transmission. Commission staff will Distress and Safety System (‘‘GMDSS’’) proposals. work with affected licensees to help became fully implemented. Recently, them find suitable alternative channels we proposed to remove 500 kHz as a Aeronautical Fixed Service if the licensee desires. We propose that distress and safety frequency from our 19. The aeronautical fixed service is a no fee be charged to licensees of affected maritime rules because it is not radiocommunication service between stations that apply for modification for currently in use. Thus, it is planned that specified fixed points provided alternative channels before the end of at the 2003 World Radiocommunication primarily for the safety of air navigation their license term. Conference, Member States will and for the regular, efficient and 12. We propose to add an consider whether non-GMDSS economical operation of air transport. informational note to various Part 80 requirements should be maintained in 20. In Region 2, the band 160–190 fixed service frequencies to reflect their the ITU Radio Regulations. However, at kHz is allocated exclusively to the fixed secondary allocation status. We request this time, we need only to update our service on a primary basis. Prior to the comment on all of the above AM rules by renumbering three international 1995 World Radiocommunication Expanded Band proposals. footnotes. Accordingly, we propose to Conference (‘‘WRC–95’’), the band 160– Continued Use of the Frequencies 26110 renumber international footnotes 472, 190 kHz was allocated on a primary kHz, 26130 kHz, 26150 kHz, and 26170 472A, and 474 as S5.82, S5.83, and basis to the aeronautical fixed service, kHz by Broadcast Auxiliary Remote S5.84, respectively. which is a subset of the fixed service, in 16. The U.S. Coast Guard currently Pickup Stations Region 2 polar areas. At WRC–95, this operates several NAVTEX stations on limitation on the use of the fixed 13. The band 26100–26175 kHz was the frequency 518 kHz. The 1997 World allocation in Region 2 polar areas was reallocated from the land mobile service Radiocommunication Conference eliminated, and thus internationally the to the maritime mobile service in 1983. (‘‘WRC–97’’) adopted two requirements band is now available for all fixed uses. At that time, four land mobile concerning NAVTEX operations. First, The band 160–190 kHz is currently frequencies within the reallocated band international footnote S5.131 requires unused by the aeronautical fixed were not removed from Part 74 of our that the frequency 4209.5 kHz be used service, and accordingly we propose to Rules. Thus, § 74.402(a) of our Rules exclusively for the transmission by coast delete the limitation to aeronautical continues to state that the following stations of meteorological and fixed use from our Rules. We request frequencies may be assigned for use by navigational warnings and urgent comment on this proposal. remote broadcast stations and broadcast information to ships by means of 21. In the United States, the band network entities: 26110 kHz, 26130 kHz, narrow-band direct-printing techniques. 21850–21924 kHz is shared spectrum 26150 kHz, and 26170 kHz. We In its comments to another proceeding, that is allocated to the fixed service on tentatively find that remote pickup the U.S. Coast Guard states that 4209.5 a primary basis. At WRC–95, fixed use stations can share these frequencies kHz is an internationally-recognized of most of this band (21870–21924 kHz) with coast stations because of the and used NAVTEX frequency, and that was limited to the provision of services intermittent nature of their use and it plans to operate 4 MHz NAVTEX on related to aircraft flight safety through because of light coast station demand a trial basis as a means of improving the adoption of international footnote for these and adjacent frequencies. maritime safety broadcast service to S5.155B. The Federal Aviation Nonetheless, if coast station licensees mariners, and covering gaps in coverage Administration (‘‘FAA’’) has indicated later require use of these four of similar information broadcast on the that it does not intend to implement an frequencies, we propose to require that International NAVTEX frequency 518 aircraft flight safety system in this band. remote pickup stations not cause kHz. The U.S. Coast Guard also states Thus, there is no apparent support on a harmful interference to the reception of that the international use for safety domestic level for the adoption of this
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international limitation. However, we would be to remove confusing and of the Small Business Administration.2 invite comment on whether S5.155B unnecessary material from our Rules In addition, the NPRM and Order and should be adopted domestically. and to reflect the WRC–2000 Final Acts IRFA (or summaries thereof) will be with regard to the International Table of published in the Federal Register.3 Amateur Service Frequency Allocations within our Rules. Need for, and Objectives of, the 22. Amateur radio plays an important First, we would remove international Proposed Rules role in disaster-relief when normal footnote S5.60 from the bands 70–90 communications systems are kHz and 110–130 kHz because this 26. The NPRM and Order proposes to overloaded, damaged or disrupted footnote is a limitation on an allocation implement domestically various because a disaster has occurred or is that was never made domestically. allocation changes that have been made likely to occur. We note that WARC–79 Second, we would remove superfluous at recent World Radiocommunication adopted Resolution No. 640, entitled international footnote S5.80 from the Conferences. In particular, we propose ‘‘Relating to the International Use of band 415–435 kHz because the to reallocate 1540 kilohertz of spectrum Radiocommunications, in the Event of limitation in that footnote does not from the fixed and mobile services to Natural Disasters, in Frequency Bands apply to this band. Third, we would the broadcasting service. We also Allocated to the Amateur Service.’’ The delete the secondary direct Table propose to make consequential changes Resolution invited administrations to allocation for the space research service to various service rules. These proposals provide for the needs of international in the band 19990–19995 kHz because would update our Rules for bands below disaster communications and for the this allocation is also contained in 28000 kHz so that they better comport needs of emergency communications footnote G106, which was recently with international regulations. In within their national regulations using added to the band 19990–20010 kHz. addition, we propose to clarify the certain amateur bands, which were Fourth, we would delete pre-1991 status of services in the AM Expanded listed in international footnote 510 (later frequencies listed for ship and coast Band (1605–1705 kHz). renumbered as S5.120). In response, the station operations from footnote US82. Legal Basis Commission added international Fifth, we would make various editorial footnote 510 to the non-Federal changes to other U.S. footnotes to 27. The proposed actions are Government Table of Frequency conform to previous decisions and to authorized under sections 1, 4, 301, Allocations and § 97.401(b) to the rules update the material in the text. Sixth, 302(a), 303, 307, 309, 316, 332, 334, and for the amateur radio service, both of we would add an informational note to 336 of the Communications Act of 1934, which referenced Resolution No. 640. § 90.35 stating that the use of five as amended, 47 U.S.C. 151, 154, 301, At WRC–97, Resolution 640 was frequencies is on a secondary basis to 302(a), 303, 307, 309, 316, 332, 334, and eliminated, and at the 2000 World stations in the maritime mobile service. 336. Radiocommunication Conference Seventh, we would update various rule Description and Estimate of the Number (‘‘WRC–2000’’), international footnote part cross references in the U.S. Table. S5.120 was eliminated. Accordingly, we of Small Entities to Which the Proposed In particular, we would delete Rules Will Apply propose to delete international footnote approximately 50 cross references to the S5.120 and § 97.401(b) from our Rules. International Fixed Public 28. The RFA directs agencies to We observe that, under § 97.111(a)(1) Radiocommunication Services provide a description of, and, where and 97.101(c) of our Rules, U.S. amateur (‘‘IFPRS’’) because specific frequencies feasible, an estimate of the number of radio stations can continue to or bands are not listed in Part 23, which small entities that may be affected by 4 communicate with foreign stations in is the purpose of having a cross the proposed rules, if adopted. The disaster areas. reference to a rule part. Eighth, we RFA generally defines the term ‘‘small entity’’ as having the same meaning as Frequencies Available for Forest would update the text of 18 the terms ‘‘small business,’’ ‘‘small Products Licensees international country footnotes that do not apply to Region 2. organization,’’ and ‘‘small governmental 23. The band 27540–28000 kHz is jurisdiction.’’ 5 In addition, the term Federal Government exclusive spectrum Initial Regulatory Flexibility Analysis ‘‘small business’’ has the same meaning that is allocated to the fixed and mobile as the term ‘‘small business concern’’ services, except that limited non- 25. As required by the Regulatory Flexibility Act (‘‘RFA’’) 1 the under the Small Business Act, 15 U.S.C. Federal Government use is permitted by 632, unless the Commission has forest product licensees in certain Commission has prepared this Initial Regulatory Flexibility Analysis developed one or more definitions that geographic areas on six channels. This 6 (‘‘IRFA’’) of the possible significant are appropriate to its activities. A limited use is authorized in footnote ‘‘small business concern’’ is one that: (1) US298. We propose to make editorial economic impact on small entities by the policies and rules proposed in this Is independently owned and operated; revisions to footnote US298 to conform (2) is not dominant in its field of with terminology now used in Part 90 NPRM and Order. Written public comments are requested on this IRFA. of our Rules and to add these 2 See 5 U.S.C. 603(a). Comments must be identified as frequencies to the Industrial/Business 3 Id. Radio Pool Frequency Table in § 90.35, responses to the IRFA and must be filed 4 5 U.S.C. 603(b)(3). with an appropriate note describing the by the deadlines for comments on the 5 5 U.S.C. 601(6). limited use that is permitted. NPRM and Order. The Commission will 6 5 U.S.C. 601(3) (incorporating by reference the We request comment on this proposal. send a copy of the Notice, including this definition of ‘‘small business concern’’ in 15 U.S.C. IRFA, to the Chief Counsel for Advocacy 632). Pursuant to the RFA, the statutory definition Ministerial Conforming Amendments of a small business applies ‘‘unless an agency, after consultation with the Office of Advocacy of the 24. We also propose to take the 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 Small Business Administration and after following non-substantive actions in et.seq., has been amended by the Contract With opportunity for public comment, establishes one or America Advancement Act of 1996, Public Law more definitions of such term which are this proceeding, which would correct 104–121, 110 Stat. 847 (1996) (‘‘CWAAA’’). Title II appropriate to the activities of the agency and and update our Table of Frequency of the CWAAA is the Small Business Regulatory publishes such definition(s) in the Federal Allocations. The effect of these actions Enforcement Fairness Act of 1996 (‘‘SBREFA’’). Register.’’ 5 U.S.C. 601(3).
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operation; and (3) meets any additional countries.17 There are 24 international would be de minimus; however, out of criteria established by the Small broadcast licensees, and we estimate an abundance of caution we are seeking Business Administration (‘‘SBA’’).7 that almost all of them qualify as small comment in this IRFA as to actual costs Fixed Service. There are 162 fixed under the SBA definition. of this move. Second, we propose to assignments authorized under § 90.266 Private Land Mobile Radio Services. adopt a stricter frequency control for long distance communications,8 17 The Commission has not adopted a tolerance for international broadcast Alaska private-fixed assignments,9 and definition of small entity specific to stations. This requirement may cause 5 aeronautical fixed station private land mobile radio services.18 We some of our licensees to have to modify assignments 10 that operate in the bands will use the SBA’s definition applicable their equipment. We request comment proposed for reallocation. The to radiotelephone (wireless) companies, on our analysis. Commission has not yet defined a small i.e., an entity employing no more than 30. The band 1605–1705 kHz was business with respect to these fixed 1,500 persons.19 There are 4 Industrial/ reallocated from the land mobile service services. For purposes of this IRFA, we Business Pool licensees and 2 to the broadcasting service in 1983. will use the SBA’s definition applicable radiolocation licensees in the AM However, there are four Industrial/ to radiotelephone (wireless) Expanded Band, and we believe that Business Pool licensees in the AM companies—i.e., an entity with no more none of them qualify as small under the Expanded Band. In addition, there are than 1,500 persons.11 We believe that SBA definition. two radiolocation licensees operating in the AM Expanded Band on a secondary most of the § 90.266 licensees are Description of Projected Reporting, telephone, gas, and power companies basis. In the NPRM and Order, we Recordkeeping, and Other Compliance propose to permit these currently that are not small businesses. We Requirements estimate that most of these fixed service licensed stations to continue to operate licensees would not qualify as small 29. We propose no new reporting or until the end of their current license entities under the SBA definition for recordkeeping requirements on small term on a non-interference basis to AM radiotelephone (wireless) companies; entities; however, we do propose three radio and TIS stations, without an therefore, less than 184 small entities compliance requirements that may have opportunity for renewal. would be impacted by the proposed a significant economic burden on small Steps Taken To Minimize Significant reallocation. entities. First, if fixed or coast station Economic Impact on Small Entities, and Maritime Service. The Commission licensees determine that they can not Significant Alternatives Considered has not adopted a definition of small operate in the WARC–92 HFBC bands without causing harmful interference to 31. The RFA requires an agency to entity specific to coast stations in the describe any significant alternatives that 12 international broadcast stations, we maritime service. We will use the it has considered in reaching its SBA’s definition applicable to propose that these licensees move to other fixed or mobile frequencies. Those proposed approach, which may include radiotelephone (wireless) companies, the following four alternatives (among i.e., an entity employing no more than fixed and coast station licensees that move to other assigned frequencies others): (1) The establishment of 1,500 persons.13 There are 4 public and differing compliance or reporting 4 private coast station licensees that would have to pay a license modification fee if they do not request requirements or timetables that take into operate in the bands proposed for account the resources available to small reallocation, and we estimate that such frequencies during renewal. We note that 162 of the 205 assignments in entities; (2) the clarification, almost all of them qualify as small consolidation, or simplification of under the SBA definition. these bands operate on a non- interference, unprotected basis compliance or reporting requirements International Broadcast Stations. The internationally and that our proposed under the rule for small entities; (3) the SBA defines a radio broadcasting station rules do not change their status.20 use of performance, rather than design, that has $5 million or less in annual In contrast, the status of the remaining 43 standards; and (4) an exemption from receipts as a small business.14 A radio assignments would be affected by the coverage of the rule, or any part thereof, broadcasting station is an establishment 21 proposed reallocation, that is, these for small entities. primarily engaged in broadcasting aural primary and protected assignments 32. As stated in number (1) above, one programs by radio to the public.15 would be downgraded to non- alternative that we are considering is Included in this industry are interference, unprotected status. These whether or not to allow small entities commercial, religious, educational, and 43 assignments can be more specifically operating international broadcast other radio stations.16 The classified as 21 coast station, 17 Alaska stations a longer time to transition from transmissions of international broadcast private-fixed, and 5 aeronautical fixed outdated equipment. This transition stations are intended to be received assignments. We believe that all of the would be necessary in instances in directly by the general public in foreign affected stations use equipment that can which equipment cannot maintain the be tuned to other HF bands allocated to stringent tolerance required by the 7 15 U.S.C. 632. the fixed or mobile services and that proposed rule. We request that 8 47 CFR 90.266. commenters address the effects of 9 47 CFR Part 80, Subpart O—Alaska Fixed there is sufficient allocated spectrum available for this purpose. Accordingly, grandfathering existing international Stations. broadcast stations at their current 10 47 CFR 87.275, 87.277, 87.279. we believe that any relocation costs 11 13 CFR 121.201, NAICS codes 513321, 513322, frequency tolerance. See paragraph 18 of 513330. 17 See 47 CFR 73.701. the NPRM and Order. In addition, we 12 The service is defined in Part 80 of the 18 The service is defined in Part 90 of the request comment on alternatives that Commission’s Rules, 47 CFR Part 80. Commission’s Rules, 47 CFR Part 90. could further minimize the impact of 13 13 CFR 121.201, NAICS codes 513321, 513322, 19 13 CFR 121.201, NAICS codes 513321, 513322, the proposed frequency tolerance on and 513330. and 513330. 14 small entities. 13 CFR 121.201, NAICS codes 513111 and 20 See 47 CFR 2.102(h) of the Commission’s Rules 33. With regard to small entities 513112. for the special provisions regarding the use of 15 1992 Census, Series UC92–S–1, at Appendix spectrum allocated to the fixed and land mobile operating in the AM Expanded Band, A–9. services below 25 MHz by non-Federal Government 16 Id. stations. 21 5 U.S.C. 603(c).
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Commission staff will work with 37. The Commission’s Consumer PART 2—FREQUENCY ALLOCATIONS affected licensees to help them find Information Bureau, Reference AND RADIO TREATY MATTERS; suitable alternative channels if the Information Center, SHALL SEND a GENERAL RULES AND REGULATIONS licensee desires. No fee will be charged copy of this NOTICE OF PROPOSED to licensees of affected stations that RULE MAKING AND ORDER, including 1. The authority citation for part 2 apply for modification for alternative the Initial Regulatory Flexibility continues to read as follows: channels before the end of their license Analysis, to the Chief Counsel for Authority: 47 U.S.C. 154, 302a, 303, and term. Advocacy of the Small Business 336, unless otherwise noted. Administration. Federal Rules That May Duplicate, 2. Section 2.106, the Table of Overlap, or Conflict With the Proposed List of Subjects Frequency Allocations, is amended as Rules 47 CFR Part 2 follows: 34. None. a. Revise pages 1 through 21. Radio, telecommunications. Ordering Clauses b. In the list of International 47 CFR Part 73 Footnotes, under I. New ‘‘S’’ Numbering 35. Pursuant to sections 1, 4, 301, Scheme, revise footnotes S5.55, S5.58, Communications equipment, radio, 302(a), 303, 307, 309, 316, 332, 334, and S5.59, S5.65, S5.67, S5.75, S5.77, S5.93, reporting and recordkeeping. 336 of the Communications Act of 1934, S5.96, S5.98, S5.99, S5.107, S5.112, as amended, 47 U.S.C. 151, 154, 301, 47 CFR Part 74 S5.114, S5.117, S5.152, S5.154, and 302(a), 303, 307, 309, 316, 332, 334, and Radio. S5.155A; and remove footnotes S5.81, 336, the NOTICE OF PROPOSED RULE S5.120, and S5.124. MAKING AND ORDER is hereby 47 CFR Part 80 c. In the list of International ADOPTED. 36. The Public Safety, Industrial/ Alaska, radio. Footnotes, under II. Old Numbering Scheme, remove footnotes 459, 471, Business Pool, and remote pickup 47 CFR Part 90 applications for frequencies within the 472, 472A, 474, and 480. band 1605–1705 kHz shall not be Business and industry, radio. d. In the list of United States (US) granted. The Commission shall not 47 CFR Part 97 Footnotes, revise footnotes US18, US25, accept said applications for new US82, US104, US225, US231, US281, licenses or modifications or renewals of Radio, volunteers. US282, US283, US298, US321, and existing licenses for frequencies within Federal Communications Commission. US340; remove footnotes US235, the band 1605–1705 kHz as of the William F. Caton, US236, and US238; and add footnotes [effective date of this NPRM and Order]. Acting Secretary. USwww, USxxx, USyyy and USzzz. Any such applications received on or The additions and revisions read as after that date shall be returned as Rules Change follows: unacceptable for filing. Pending For the reasons discussed in the § 2.106 Table of Frequency Allocations. applications shall be dismissed, unless preamble, the Federal Communications they are modified to specify alternative Commission proposes to amend 47 CFR * * * * * frequencies. Parts 2, 73, 74, 80, 90, and 97 as follows: BILLING CODE 6712–01–P
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BILLING CODE 6712–01–C
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International Footnotes aeronautical radionavigation stations in aeronautical mobile, services on a * * * * * the band 435–495 kHz do not cause primary basis. S5.55 Additional allocation: in interference to reception by coast * * * * * Armenia, Azerbaijan, Bulgaria, Georgia, stations of ship stations transmitting on S5.107 Additional allocation: in Kyrgyzstan, the Russian Federation, frequencies designated for ship stations Saudi Arabia, Botswana, Eritrea, Tajikistan and Turkmenistan, the band on a worldwide basis (see No. S52.39). Ethiopia, Iraq, Lesotho, Libya, Somalia 14–17 kHz is also allocated to the * * * * * and Swaziland, the band 2160–2170 radionavigation service on a primary S5.93 Additional allocation: in kHz is also allocated to the fixed and basis. Angola, Armenia, Azerbaijan, Belarus, mobile, except aeronautical mobile (R), * * * * * Georgia, Hungary, Kazakstan, Latvia, services on a primary basis. The mean S5.58 Additional allocation: in Lithuania, Moldova, Mongolia, Nigeria, power of stations in these services shall Armenia, Azerbaijan, Georgia, Uzbekistan, Poland, Kyrgyzstan, not exceed 50 W. Kazakstan, Kyrgyzstan, the Russian Slovakia, the Czech Rep., the Russian * * * * * Federation, Tajikistan and Federation, Tajikistan, Chad, S5.112 Alternative allocation: in Turkmenistan, the band 67–70 kHz is Turkmenistan and Ukraine, the bands Bosnia and Herzegovina, Cyprus, also allocated to the radionavigation 1625–1635 kHz, 1800–1810 kHz and Denmark, Greece, Iceland, Malta, Sri service on a primary basis. 2160–2170 kHz and, in Bulgaria, the Lanka and Yugoslavia, the band 2194– S5.59 Different category of service: bands 1625–1635 kHz and 1800–1810 2300 kHz is allocated to the fixed and in Bangladesh and Pakistan, the kHz, are also allocated to the fixed and mobile, except aeronautical mobile, allocation of the bands 70–72 kHz and land mobile services on a primary basis, services on a primary basis. subject to agreement obtained under No. 84–86 kHz to the fixed and maritime * * * * * S9.21. mobile services is on a primary basis S5.114 Alternative allocation: in (see No. S5.33). * * * * * Bosnia and Herzegovina, Cyprus, * * * * * S5.96 In Germany, Armenia, Denmark, Greece, Iraq, Malta, and S5.65 Different category of service: Austria, Azerbaijan, Belarus, Denmark, Yugoslavia, the band 2502–2625 kHz is in Bangladesh, the allocation of the Estonia, Finland, Georgia, Hungary, allocated to the fixed and mobile, except bands 112–117.6 kHz and 126–129 kHz Ireland, Israel, Jordan, Kazakstan, aeronautical mobile, services on a to the fixed and maritime mobile Latvia, Liechtenstein, Lithuania, Malta, primary basis. services is on a primary basis (see No. Moldova, Norway, Uzbekistan, Poland, * * * * * S5.33). Kyrgyzstan, Slovakia, the Czech Rep., the United Kingdom, the Russian S5.117 Alternative allocation: in * * * * * Bosnia and Herzegovina, Cyprus, Coˆte S5.67 Additional allocation: in Federation, Sweden, Switzerland, Tajikistan, Turkmenistan and Ukraine, d’Ivoire, Denmark, Egypt, Greece, Azerbaijan, Bulgaria, Mongolia, Iceland, Liberia, Malta, Sri Lanka, Togo Kyrgyzstan, Romania and administrations may allocate up to 200 kHz to their amateur service in the and Yugoslavia, the band 3155–3200 Turkmenistan, the band 130–148.5 kHz kHz is allocated to the fixed and mobile, is also allocated to the radionavigation bands 1715–1800 kHz and 1850–2000 kHz. However, when allocating the except aeronautical mobile, services on service on a secondary basis. Within a primary basis. and between these countries this service bands within this range to their amateur shall have an equal right to operate. service, administrations shall, after prior * * * * * S5.152 Additional allocation: in * * * * * consultation with administrations of ˆ S5.75 Different category of service: neighbouring countries, take such steps Armenia, Azerbaijan, China, Cote in Armenia, Azerbaijan, Belarus, as may be necessary to prevent harmful d’Ivoire, Georgia, Iran (Islamic Republic Georgia, Moldova, Kyrgyzstan, the interference from their amateur service of), Kazakstan, Moldova, Kyrgyzstan, Russian Federation, Tajikistan, to the fixed and mobile services of other the Russian Federation, Tajikistan, Turkmenistan, Ukraine and the Black countries. The mean power of any Turkmenistan and Ukraine, the band Sea areas of Bulgaria and Romania, the amateur station shall not exceed 10 W. 14250–14350 kHz is also allocated to allocation of the band 315–325 kHz to * * * * * the fixed service on a primary basis. Stations of the fixed service shall not the maritime radionavigation service is S5.98 Alternative allocation: in use a radiated power exceeding 24 dBW. on a primary basis under the condition Angola, Armenia, Azerbaijan, Belarus, that in the Baltic Sea area, the Belgium, Bulgaria, Cameroon, the * * * * * assignment of frequencies in this band Congo, Denmark, Egypt, Eritrea, Spain, S5.154 Additional allocation: in to new stations in the maritime or Ethiopia, Georgia, Greece, Italy, Armenia, Azerbaijan, Georgia, aeronautical radionavigation services Kazakstan, Lebanon, Lithuania, Kazakstan, Moldova, Kyrgyzstan, the shall be subject to prior consultation Moldova, the Netherlands, Syria, Russian Federation, Tajikistan, between the administrations concerned. Kyrgyzstan, the Russian Federation, Turkmenistan and Ukraine, the band * * * * * Somalia, Tajikistan, Tunisia, 18068–18168 kHz is also allocated to S5.77 Different category of service: Turkmenistan, Turkey and Ukraine, the the fixed service on a primary basis for in Australia, China, the French Overseas band 1810–1830 kHz is allocated to the use within their boundaries, with a peak Territories of Region 3, India, Indonesia fixed and mobile, except aeronautical envelope power not exceeding 1 kW. (until 1 January 2005), Iran (Islamic mobile, services on a primary basis. * * * * * Republic of), Japan, Pakistan, Papua S5.99 Additional allocation: in S5.155A In Armenia, Azerbaijan, New Guinea and Sri Lanka, the Saudi Arabia, Austria, Bosnia and Belarus, Bulgaria, Georgia, Kazakstan, allocation of the band 415–495 kHz to Herzegovina, Iraq, Libya, Uzbekistan, Moldova, Mongolia, Uzbekistan, the aeronautical radionavigation service Slovakia, the Czech Rep., Romania, Kyrgyzstan, Slovakia, the Czech Rep., is on a primary basis. Administrations Slovenia, Chad, Togo and Yugoslavia, the Russian Federation, Tajikistan, in these countries shall take all practical the band 1810–1830 kHz is also Turkmenistan and Ukraine, the use of steps necessary to ensure that allocated to the fixed and mobile, except the band 21850–21870 kHz by the fixed
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service is limited to provision of to render by way of the radionavigation including experimental stations. Non- services related to aircraft flight safety. service. Federal Government operations on these * * * * * * * * * * channels will not exceed 150 watts US225 In addition to its present output power and are limited to the United States (US) Footnotes Federal Government use, the band 510– states of Washington, Oregon, Maine, * * * * * 525 kHz is available to Federal and non- North Carolina, South Carolina, US18 Navigation aids in the U.S. Federal Government aeronautical Tennessee, Georgia, Florida, Alabama, and its insular areas in the bands 9–14 radionavigation stations inland of the Mississippi, Louisiana, and Texas kHz, 90–110 kHz, 190–415 kHz, 510– Territorial Base Line as coordinated (eastern portion). 535 kHz, and 2700–2900 MHz are with the military services. In addition, * * * * * normally operated by the Federal the frequency 510 kHz is available for US321 The band 535–1705 kHz is Government. However, authorizations non-Federal Government ship- also allocated to the non-Federal may be made by the FCC for non- helicopter operations when beyond 100 Government mobile service on a Federal Government operations in these nautical miles from shore and required secondary basis for the distribution of bands subject to the conclusion of for aeronautical radionavigation. public service information from appropriate arrangements between the * * * * * Travelers’ Information Stations FCC and the Federal agencies concerned US231 When an assignment cannot operating in accordance with the and upon special showing of need for be obtained in the bands between 200 provisions of 47 C.F.R. § 90.242 on 10 service which the Federal Government kHz and 525 kHz, which are allocated kilohertz spaced channels from 540 kHz is not yet prepared to render. to aeronautical radionavigation, to 1700 kHz. * * * * * assignments may be made to * * * * * US25 The use of frequencies in the aeronautical radiobeacons in the US340 The band 2–30 MHz is band 25850–26175 kHz may be maritime mobile band 435–490 kHz, on available on a non-interference basis to authorized to non-Federal Government a secondary basis, subject to the Federal and non-Federal Government remote pickup broadcast base and coordination and agreement of those maritime and aeronautical stations for mobile stations on the condition that agencies having assignments within the the purposes of measuring the quality of harmful interference is not caused to the maritime mobile band which may be reception on radio channels. See 47 CFR reception of either international affected. Assignments to Federal § 87.149 for the list of protected broadcast stations transmitting in the Government aeronautical frequencies and bands within this band 25850–26100 kHz or coast stations radionavigation radiobeacons in the frequency range. Actual transmitting in the band 26100–26175 band 435–490 kHz shall not be a bar to communications shall be limited to kHz. any required changes to the maritime those frequencies specifically allocated * * * * * mobile radio service and shall be to the maritime mobile and aeronautical US82 The assignable frequencies in limited to non-voice emissions. mobile services. the bands 4146–4152 kHz, 6224–6233 * * * * * * * * * * kHz, 8294–8300 kHz, 12353–12368 kHz, US281 In the band 25070–25210 USwww On the condition that 16528–16549 kHz, 18825–18846 kHz, kHz, non-Federal Government stations harmful interference is not caused to the 22159–22180 kHz, and 25100–25121 in the Industrial/Business Pool shall not reception of AM broadcast stations or to kHz may be authorized on a shared non- cause harmful interference to, and must travelers’ information stations, Federal priority basis to Federal and non- accept interference from, stations in the Government stations in the band 1615– Federal Government ship and coast maritime mobile service operating in 1705 kHz may continue operations until stations (SSB telephony, with peak accordance with the International Table [one year from the adoption date of the envelope power not to exceed 1 kW). of Frequency Allocations. Report and Order]. * * * * * US282 In the band 4650–4700 kHz, USxxx On the condition that US104 The LORAN Radionavigation frequencies may be authorized for non- harmful interference is not caused to the System has priority in the band 90–110 Federal Government communication broadcasting service, frequencies in the kHz in the United States and its insular with helicopters in support of off-shore bands 9775–9900 kHz, 11650–11700 areas. Radiolocation land stations drilling operations on the condition that kHz, and 11975–12050 kHz may be used making use of LORAN type equipment harmful interference will not be caused by Federal Government stations in the may be authorized to both Federal and to services operating in accordance with fixed service communicating within the non-Federal Government licensees on a the Table of Frequency Allocations. United States and its insular areas that secondary basis for offshore US283 In the bands 2850–3025 kHz, are authorized as of [adoption date of radiolocation activities only at specific 3400–3500 kHz, 4650–4700 kHz, 5450– the Report and Order]. Each such station locations and subject to such technical 5680 kHz, 6525–6685 kHz, 10005–10100 shall be limited to a total radiated power and operational conditions (e.g., power, kHz, 11275–11400 kHz, 13260–13360 of 24 dBW. emission, pulse rate and phase code, kHz, and 17900–17970 kHz, frequencies USyyy On April 1, 2007, the bands hours of operation), including on-the-air may be authorized for non-Federal 5900–5950 kHz, 7300–7350 kHz, 9400– testing, as may be required on a case-by- Government flight test purposes on the 9500 kHz, 11600–11650 kHz, 12050– case basis to ensure protection of the condition that harmful interference will 12100 kHz, 13570–13600 kHz, 13800– LORAN radionavigation system from not be caused to services operating in 13870 kHz, 15600–15800 kHz, 17480– harmful interference and to ensure accordance with the Table of Frequency 17550 kHz, and 18900–19020 kHz shall mutual compatibility among Allocations. be allocated exclusively to the radiolocation operators. Such * * * * * broadcasting service. On or after April 1, authorizations to stations in the US298 Channels 27555, 27615, 2007, frequencies in these bands may be radiolocation service are further subject 27635, 27655, 27765, and 27860 kHz are used by stations in the fixed and mobile to showing of need for service which is available for use by forest product services, communicating only within not currently provided and which the licensees on a secondary basis to the United States and its insular areas, Federal Government is not yet prepared Federal Government operations on the condition that harmful
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interference is not caused to the (e) Coordinated Universal Time 21450–21850 kHz, and 25670–26100 broadcasting service. When using (UTC). Time scale, based on the second kHz. frequencies in the fixed and mobile (SI), as defined in Recommendation (2) In addition, the band 7100–7300 services, licensees shall be limited to ITU-R TF.460–5. UTC is equivalent to ° kHz is allocated on an exclusive basis to the minimum power required and shall mean solar time at the prime median (0 the broadcasting service in International take account of the seasonal use of longitude), formerly expressed as GMT. Telecommunication Union (ITU) frequencies by the broadcasting service * * * * * Regions 1 and 3 as defined in 47 CFR published in accordance with Article (g) Day. Any twenty-four hour period 2.104(b) of this chapter. Assignments in S12 of the ITU Radio Regulations. beginning 0100 UTC and ending 0100 the band 7100–7300 kHz shall be USzzz Consistent with US18, UTC. limited to international broadcast stations may be authorized on a primary (h) Schedule A. That portion of any stations located in ITU Region 3 insular basis in the band 285–325 kHz for the year commencing at 0100 UTC on the areas (as defined in 47 CFR 2.105(a), specific purpose of transmitting last Sunday in March and ending at note 4) of this chapter that transmit to differential global positioning system 0100 UTC on the last Sunday in zones and areas of reception in ITU information. October. Region 1 or 3. * * * * * * * * (i) Schedule B. That portion of any year commencing at 0100 UTC on the (3) In addition, frequencies within the PART 73—RADIO BROADCAST last Sunday in October and ending at following bands are assignable to the SERVICES 0100 UTC on the last Sunday in March. broadcasting service on an exclusive (j) [Reserved] basis after April 1, 2007: 3. The authority citation for Part 73 continues to read as follows: * * * * * (i) 5900–5950 kHz, 7300–7350 kHz, (l) Reference month. That month of a 9400–9500 kHz, 11600–11650 kHz, Authority: 47 U.S.C. 154, 303, 334 and 336. season which is used for determining 12050–12100 kHz, 13570–13600 kHz, 4. Section 73.701 is amended by predicted propagation characteristics for 13800–13870 kHz, 15600–15800 kHz, removing and reserving paragraph (j) the season. The reference month for 17480–17550 kHz, and 18900–19020 and revising paragraphs (a), (e), (g), (h), Schedule A is July and the reference kHz (WARC–92 HFBC bands). (i), and (l) to read as follows: month for Schedule B is December. (ii) Use of the WARC–92 HFBC bands § 73.701 Definitions. * * * * * shall be limited to single sideband * * * * * 5. Section 73.702 is amended by emissions with the characteristics (a) International broadcast stations. A redesignating paragraph (f)(3) as (f)(4) specified in Appendix S11 of the ITU broadcasting station employing and adding new paragraph (f)(3) and Radio Regulations or to any other frequencies allocated to the revising paragraphs (f) introductory text, spectrum-efficient modulation broadcasting service between 5900 and (f)(1) and the first and second sentences technique recommended by the ITU 26100 kHz, the transmissions of which in paragraph (f)(2) to read as follows: Radiocommunication Sector. Double are intended to be received directly by § 73.702 Assignment and use of sideband modulation may continue to the general public in foreign countries. frequencies. be used on a non-interference basis. (A station may be authorized more than * * * * * * * * * * one transmitter.) There are both Federal (f) Assigned frequencies shall be 6. Section 73.703 is amended by and non-Federal Government within the following bands, which are revising the map to read as follows: international broadcast stations; only allocated on an exclusive basis to the the latter are licensed by the broadcasting service: § 73.703 Geographical zones and areas of Commission and are subject to the rules (1) 5950–6200 kHz, 9500–9900 kHz, reception. of this subpart. 11650–12050 kHz, 13600–13800 kHz, * * * * * * * * * * 15100–15600 kHz, 17550–17900 kHz, 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 § 80.373 Private communications CARRIER FREQUENCIES (KHZ)— revising paragraph (c) to read as follows: frequencies. Continued * * * * * § 73.756 Transmission system (d) * * * 1657.0 4 requirements. (1) * * * 1660.0 14 * * * * * 1705.04 4 (c) Frequency tolerance. The FREQUENCY BANDS (KHZ) ***** transmitter shall maintain the operating 11601.5 25 ***** frequency within 10 Hz of the assigned ***** frequency. 5730–5950 1 1 Use of 1660.0 kHz must be coordinated to 8. Section 73.766 is amended by 7300–8100 1 protect radiolocation on adjacent channels. revising the last sentence of the section ***** 2 Peal envelope power must not exceed 1 to read as follows: kW for radiotelephony. Teleprinter use is au- 1 After April 1, 2007, use of the sub-bands thorized. § 73.766 Modulation and bandwidth. 5900–5950 kHz and 7300–7350 kHz shall be ***** on the condition that harmful interference is 4 Use of these frequencies is on a sec- * * * The highest modulating not caused to HF broadcasting. ondary basis to Region 2 broadcasting. frequency shall not exceed 4.5 kHz. 5 After April 1, 2007, use of the frequency * * * * * 11601.5 kHz shall be on the condition that PART 74—EXPERIMENTAL RADIO, (i) * * * harmful interference is not caused to HF AUXILIARY, SPECIAL broadcasting. BROADCASTING AND OTHER PRIVATE COMMUNICATIONS IN ALASKA * * * * * PROGRAM DISTRIBUTIONAL CARRIER FREQUENCIES (KHZ) SERVICES PART 90—PRIVATE LAND MOBILE 1619.0 3 RADIO SERVICES 9. The authority citation for part 74 1622.0 3 continues to read as follows: 1643.0 3 14. The authority citation for part 90 3 Authority: 47 U.S.C. 154, 303, 307, 336(f), 1646.0 continues to read as follows: 3 336(h) and 554. 1649.0 1652.0 3 Authority: Sections 4(i), 11, 303(g), 303(r), 10. Section 74.402 paragraph (a)(1) 1705.0 3 and 332(c)(7) of the Communications Act of and footnote 1 are removed and *****1934, as amended, 47 U.S.C. 154(i), 161, reserved. 303(g), 303(r), 332(c)(7). 3 Use of these frequencies is on a sec- ondary basis to Region 2 broadcasting. 15. Section 90.35 amend the table in PART 80—STATIONS IN THE paragraph (b)(3) under kilohertz by MARITIME SERVICES * * * * * removing the entries 1614 kHz, 1628 13. Section 80.387 amend the table in kHz, 1652 kHz, 1676 kHz, and 1700 kHz 11. The authority citation for part 80 paragraph (b) by adding new footnote 4 continues to read as follows: and under Megahertz by revising the for entries 1643.0, 1646.0, 1649.0, entries for 25.12 MHz, 25.14 MHz, 25.16 Authority: Secs. 4, 303, 307(e), 309, and 1652.0, 1657.0, 1660.0, 1705.0 and 332, 48 Stat. 1066, 1082, as amended; 47 MHz, 25.18 MHz, and 25.20 MHz and adding footnote 5 for entry 11601.5 to adding the entries for 27.555 MHz, U.S.C. 154, 303, 307(e), 309, and 332, unless read as follows: otherwise noted. Interpret or apply 48 Stat. 27.615 MHz, 27.635 MHz, 27.655 MHz, 1064–1068, 1081–1105, as amended; 47 § 80.387 Frequencies for Alaska fixed 27.765 MHz, and 27.86 MHz and U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST stations. removing and reserving paragraph (c)(2) 4726, 12 UST 2377. (b) * * * and removing paragraph (c)(4) and 12. Section 80.373 amend table in revising paragraph (c)(82) to read as paragraph (d)(1) by adding footnote 1 for CARRIER FREQUENCIES (KHZ) follows: entries 5700–5950 and 7300–8100 and § 90.35 Industrial/Business Pool. the table in paragraph (i) by adding 1643.0 4 footnote 3 for entries 1619.0, 1622.0, 1646.0 4 * * * * * 1643.0, 1646.0, 1649.0, 1652.0 and 1649.0 4 (b) * * * 1705.0 to read as follows: 1652.0 4 (3) * * *
INDUSTRIAL/BUSINESS POOL FREQUENCY TABLE
Frequency or band Class of station(s) Limitations Coordinator
*******
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
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INDUSTRIAL/BUSINESS POOL FREQUENCY TABLE—Continued
Frequency or band Class of station(s) Limitations Coordinator
27.765 ...... do ...... 82 27.86 ...... do ...... 82 29.71 ...... do.
*******
(c) * * * including experimental stations, will 17. Section 90.103 amend the table in * * * * * not exceed 150 watts output power, and paragraph (b) under kilohertz by (2) [Reserved] are limited to the states of Washington, removing the entry for 1605–1715, and Oregon, Maine, North Carolina, South adding in its place the entry for 1705– * * * * * Carolina, Tennessee, Georgia, Florida, 1715, and removing and reserving (82) The frequency may be assigned Alabama, Mississippi, Louisiana, and paragraphs (c)(28) and (29) and revising only to entities meeting the definition of Texas (eastern portion). paragraph (c)(4) to read as follows: a forest product licensee (see § 90.7). Operations are on a secondary basis to * * * * * § 90.103 Radiolocation Service. Federal Government operations * * * * *
RADIOLOCATION SERVICE FREQUENCY TABLE
Frequency or band Class of station Limitation
Kilohertz
1705 to 1715 ...... do ...... 4, 5, 6 *******
* * * * * redesignating paragraphs (c) and (d) as therefore, the Commission will not (c) * * * (b) and (c). accept competing expressions of interest in the use of Channel 276C2 at (4) The non-Federal Government [FR Doc. 02–7727 Filed 4–5–02; 8:45 am] Valparaiso, Florida, or require the radiolocation service in this band is on BILLING CODE 6712–01–P a secondary basis to stations in the petitioner to demonstrate the aeronautical radionavigation service availability of an additional equivalent operating on 1708 kHz. FEDERAL COMMUNICATIONS class channel. DATES: Comments must be filed on or * * * * * COMMISSION before May 13, 2002, and reply (28) [Reserved] 47 CFR Part 73 comments on or before May 28, 2002. (29) [Reserved] [DA 02–688; MM Docket No. 02–62; RM– ADDRESSES: Secretary, Federal * * * * * 10397] Communications Commission, 445 12th 18. Section 90.263 is amended by Street, SW., Room TW–A325, revising the third sentence to read as Radio Broadcasting Services; De Washington, DC 20554. In addition to follows: Funiak Springs and Valparaiso, FL filing comments with the FCC, interested parties should serve the AGENCY: Federal Communications § 90.263 Substitution of frequencies below petitioner’s counsel, as follows: Howard Commission. 25 MHz. M. Lieberman, Esq., and Elizabeth A. ACTION: Proposed rule. * * * In such cases, a substitute Hammond, Esq., Arter and Hadden, frequency, if found to be available, may SUMMARY: This document requests LLP; 1801 K Street, NW., Third Floor, L be assigned from the following bands: comments on a petition for rule making Street Entrance; Washington, DC 20006. 1705–1750 kHz, 2107–2170 kHz, 2194– filed on behalf of Root Communications FOR FURTHER INFORMATION CONTACT: R. 2495 kHz, 2506–2850 kHz, 3155–3400 License Company, L.P., licensee of Barthen Gorman, Mass Media Bureau, kHz, or 4438–4650 kHz. * * * Station WMXZ(FM), Channel 276C2, De (202) 418–2180. Funiak Springs, Florida, requesting the SUPPLEMENTARY INFORMATION: This is a PART 97—AMATEUR RADIO SERVICE reallotment of Channel 276C2 from De synopsis of the Commission’s Notice of Proposed Rule Making, MM Docket No. 19. The authority citation for Part 97 Funiak Springs to Valparaiso, Florida, 02–62, adopted March 13, 2002, and continues to read as follows: and modification of its authorization accordingly, pursuant to the provisions released March 22, 2002. The full text Authority: 48 Stat. 1066, 1082, as of Section 1.420(i) of the Commission’s of this Commission decision is available amended; 47 U.S.C. 154, 303. Interpret or Rules. The coordinates for requested for inspection and copying during apply 48 Stat. 1064–1068, 1081–1105, as Channel 276C3 at Valparaiso, Florida, regular business hours in the FCC’s amended; 47 U.S.C. 151–155, 301–609, unless otherwise noted. are 30–30–53 NL and 86–13–12 WL. Reference Information Center at Portals Petitioner’s reallotment proposal II, 445 12th Street, SW., CY–A257, 20. Section 97.401 is amended by complies with the provisions of Section Washington, DC, 20554. This document removing paragraph (b) and by 1.420(i) of the Commission’s Rules, and may also be purchased from the
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