43942 Federal Register / Vol. 68, No. 143 / Friday, July 25, 2003 / Rules and Regulations

The RFA requires agencies to analyze List of Subjects (ii) If the liability insurer does not pay options for regulatory relief of small within the 120-day period, the provider 42 CFR Part 411 entities. For purposes of the RFA, small or supplier: entities include small businesses, Kidney diseases, Medicare, Reporting (A) Must withdraw its claim with the nonprofit organizations, and and recordkeeping requirements. liability insurer and/or withdraw its lien against a potential liability settlement. government agencies. Most hospitals 42 CFR Part 485 and most other providers and suppliers (B) May only bill Medicare for are small entities, either by nonprofit Grant programs—health, Health Medicare covered services. (C) May bill the beneficiary only for status or by having revenues of $6 facilities, Medicaid, Medicare, Reporting and recordkeeping applicable Medicare deductible and co- million to $29 million in any 1 year. requirements. insurance amounts plus the amount of Individuals and States are not any charges that may be made to a considered to be small entities. Because ■ For the reasons set forth in the preamble, the Centers for Medicare & beneficiary under 413.35 of this chapter this regulation merely deletes these (when cost limits are applied to these unenforceable provisions from our Medicaid Services amends 42 CFR chapter IV as follows: services) or under 489.32 of this chapter regulations, we have determined and we (when services are partially covered). certify that this final rule will not have PART 411—EXCLUSIONS FROM a significant economic impact on a MEDICARE AND LIMITATIONS ON PART 489—PROVIDER AGREEMENTS substantial number of small entities. MEDICARE PAYMENT AND SUPPLIER APPROVAL Therefore, we are not preparing an ■ analysis for the RFA. ■ 1. The authority citation for part 411 1. The authority citation for part 489 continues to read as follows: continues to read as follows: In addition, section 1102(b) of the Act requires us to prepare a regulatory Authority: Secs. 1102 and 1871 of the Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and Social Security Act (42 U.S.C. 1302 and impact analysis if a rule or notice 1395hh). having the effect of a rule may have a 1395hh). ■ 2. Section 489.20 is amended by significant impact on the operations of ■ 2. Section 411.54 is amended by revising paragraph (g) to read as follows: a substantial number of small rural revising paragraphs (c) and (d) to read as hospitals. This analysis must conform to follows: § 489.20 Basic commitments. the provisions of section 604 of the * * * * * RFA. For purposes of section 1102(b) of § 411.54 Limitation on charges when a (g) To bill other primary payers before the Act, we define a small rural hospital beneficiary has received a liability Medicare. as a hospital that is located outside of insurance payment or has a claim pending against a liability insurer. * * * * * a Metropolitan Statistical Area and has * * * * * Authority: Section 1862(b)(2)(A) of the fewer than 100 beds. We have Social Security Act (42 U.S.C. 1395Y) (c) Itemized bill. A hospital must, determined that this final rule will not (Catalog of Federal Domestic Assistance have a significant effect on the upon request, furnish to the beneficiary or his or her representative an itemized Program No. 93.774, Medicare— operations of a substantial number of Supplementary Medical Insurance Program) bill of the hospital’s charges. small rural hospitals. Therefore, we are Dated: June 6, 2003. not preparing an analysis for section (d) Exception—(1) Prepaid health plans. If the services were furnished Thomas A. Scully, 1102(b) of the Act. through an organization that has a Administrator, Centers for Medicare & Section 202 of the Unfunded contact under section 1876 of the Act Medicaid Services. Mandates Reform Act of 1995 also (that is, an HMO or CMP), or through an Approved: June 30, 2003. requires that agencies assess anticipated organization that is paid under section Tommy G. Thompson, costs and benefits before issuing any 1833(a)(1)(A) of the Act (that is, through rule or notice having the effect of a rule an HCPP) the rules of § 417.528 of this Secretary. that may result in expenditures in any chapter apply. [FR Doc. 03–18509 Filed 7–17–03; 10:06 am] 1 year by State, local, or tribal (2) Special rules for Oregon. For the BILLING CODE 4120–01–P governments, in the aggregate, or by the State of Oregon, because of a court private sector, of $110 million. This decision, and in the absence of a final rule has no consequential effect on reversal on appeal or a statutory FEDERAL COMMUNICATIONS State, local, or tribal governments or on clarification overturning the decision, COMMISSION the private sector. there are the following special rules: 47 CFR Parts 25 and 101 Executive Order 13132 establishes (i) The provider or supplier may elect certain requirements that an agency to bill a liability insurer or place a lien [ET Docket No. 98–206; RM–9147; RM–9245; FCC 03–97] must meet when it promulgates a rule against the beneficiary’s liability settlement for Medicare covered or notice having the effect of a rule that services, rather than bill only Medicare Order To Deny Petitions for imposes substantial direct requirement for Medicare covered services, if the Reconsideration of MVDDS Technical costs on State and local governments, liability insurer pays within 120 days and Licensing Rules in the 12 GHz preempts State law, or otherwise has after the earlier of the following dates: Band Federalism implications. This final rule (A) The date the provider or supplier AGENCY: Federal Communications will not have a substantial effect on files a claim with the insurer or places State or local governments. Commission. a lien against a potential liability ACTION: Final rule. In accordance with the provisions of settlement. Executive Order 12866, this final rule (B) The date the services were SUMMARY: In this document the was reviewed by the Office of provided or, in the case of inpatient Commission affirms the technical rules Management and Budget. hospital services, the date of discharge. and procedures dealing with sharing of

VerDate Jan<31>2003 15:04 Jul 24, 2003 Jkt 200001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM 25JYR1 Federal Register / Vol. 68, No. 143 / Friday, July 25, 2003 / Rules and Regulations 43943

spectrum between Multichannel Video to persons with disabilities by developed through the usual notice and Distribution and Data Service (MVDDS) contacting Brian Millin at (202) 418– comment rule making process. and Direct Broadcast Satellite (DBS) and 7426 or TTY (202) 418–7365. File 3. The Commission affirms that the Non-geostationary (NGSO) fixed comments with the Office of the rules and procedures adopted in the satellite service (FSS) in the 12.2–12.7 Secretary, a copy of any comments on Second R&O do not violate other GHz band that the Commission adopted the information collection contained Commission rules or international radio in the Memorandum Opinion and Order herein should be submitted to Les regulations, and are consistent with the and Second Report and Order (Second Smith, Federal Communications regulatory history of DBS and FS R&O). The Commission also affirms the Commission, Room 1–A804, 445 12th allocations in the 12 GHz band because dismissal of the pending license Street, SW., Washington, DC 20554 or MVDDS, unlike previous FS operations, applications to provide terrestrial via the Internet to [email protected], is designed to coexist with DBS and service in the 12.2–12.7 GHz band. The and to Kim A. Johnson, OMB Desk because the adopted rules and Commission takes these actions in the Officer, Room 10236 NEOB, 725 17th procedures will prevent harmful course of addressing the petitions for Street, NW., Washington, DC 20503 or interference to DBS. reconsideration that were filed in via the Internet to Kim 4. The Commission affirms the self- response to the Second R&O in this [email protected]. mitigation responsibilities adopted in proceeding. The Commission amends or the Second R&O for new DBS receivers clarifies certain rule sections, but Summary of the Fourth Memorandum and finds that they are consistent with otherwise denies the petitions for Opinion and Order the primary status of DBS because, due reconsideration. The adoption of the to their modest, effective and 1. DBS Issues. In this Fourth amended rules and the disposition of infrequently required nature, they strike Memorandum Opinion and Order the petitions for reconsideration will an appropriate public interest balance (Fourth MO&O), the Commission facilitate initiation of MVDDS in the that will result in more efficient affirms that the four regional EPFD 12.2–12.7 GHz band. spectrum utilization and will facilitate limits and the 14 dBm EIRP limit DATES: Effective August 25, 2003, except compliance with the non-harmful § 25.146 which contains information adopted for MVDDS operation interference provisions of the statutes collection requirements that have not constitute objective standards that will while allowing initiation of a new been approved by OMB. The Federal prevent harmful interference to DBS as service. defined by § 2.1 of the Commission’s Communications Commission will 5. The Commission finds that publish a document in the Federal rules and will provide certainty that, adequate notice was given for the Register announcing the effective date. along with other reasonable procedures computer model used to derive the Written comments on the new and/or that were adopted, can be discerned and EPFD limits on MVDDS, and that the modified information collection(s) must relied upon by DBS operators. The various inputs for this model— be submitted by the public, Office of Commission declines to adopt higher including using a 10% increase in DBS Management and Budget (OMB) and EIRP and EPFD limits for rural areas unavailability as a starting point rather other interested parties on or before because the adopted standards are than as a hard limit, the ‘‘double September 23, 2003. sufficiently conservative to protect DBS averaging’’ of EPFDs, and the decision FOR FURTHER INFORMATION CONTACT: Gary in general application while preserving not to include ‘‘wing satellites’’—are Thayer, Office of Engineering and the flexibility for each MVDDS provider reasonable and supported by the Technology, (202) 418–2290, TTY (202) to make its own business decisions evidence of record particularly in light 418–2989, e-mail: [email protected]; about what type of transmission system of the deficiencies or impracticalities Jennifer Burton, Wireless best suits its needs. involved in other models that were Telecommunications Bureau, (202) 418– 2. The Commission affirms that the considered. 7581, TTY (202) 418–7581, e-mail rules and procedures adopted in the 6. The Commission affirms that the [email protected]. For additional Second R&O, (ET Docket No. 98–206), ‘‘safety valve’’ rule, as written, is information concerning the information 67 FR 43031, June 26, 2002 comply with sufficiently specific and is a useful tool collections contained in this document, the legislative history and provisions of to ensure that MVDDS operations fully contact Les Smith at (202) 418–0217, or the Rural Local Broadcast Signal Act protect DBS. Consistent with past via the Internet at [email protected]. (RLBSA) and the Satellite Home Viewer practice, the Commission notes that in SUPPLEMENTARY INFORMATION: This is a Protection Act (SHVIA) 1 that prohibit many cases it has provided summary of the Commission’s Fourth harmful interference to DBS. The opportunities for licensees to petition Memorandum Opinion and Order, ET Commission finds that, under the for adjustments to rules (outside the Docket No. 98–206, FCC 03–97, adopted powers granted by the Communications waiver process) without specifying in April 22, 2003, and released April 29, Act, it was proper to define interference exacting detail how such a filing should 2003. The full text of this Commission standards in terms of EPFD and EIRP be made. decision is available on the limits on MVDDS that it concluded 7. The Commission affirms its Commission’s Internet site at http:// would prevent harmful interference to decision to require that MVDDS conduct www.fcc.gov. It is available for DBS. The Commission further finds that a site survey as specified in inspection and copying during normal the adoption of these standards § 101.1440(b) of the Commission’s rules business hours in the FCC Reference complies with the Administrative and finds that, in conjunction with Information Center, Room CY–A257, Procedure Act (APA) because they were other adopted procedures, it has 445 12th Street, SW., Washington, DC provided sufficient detail and 20554. The complete text of this 1 Satellite Home Viewer Improvement Act Of 1999 specificity—similar in nature to the document also may be purchased from (SHVIA)/Rural Local Broadcast Signal Act (RLBSA). broad good-faith-based guidelines that the Commission’s copy contractor, See Public Law 106–113, 113 STAT. 1501, 1501A– have proven to be both workable and 544 TO 101A–545, Act of Nov. 29, 1999 (enacting Qualex International, 445 12th Street, S.1948, including the SHVIA and RLBSA. Titles I beneficial in other proceedings—that SW., Room, CY–B402, Washington, DC and II of the Intellectual Property and the Commission concludes will protect 20554. Alternative formats are available Communications Omnibus Reform Act of 1999). DBS customers in this proceeding.

VerDate Jan<31>2003 15:04 Jul 24, 2003 Jkt 200001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM 25JYR1 43944 Federal Register / Vol. 68, No. 143 / Friday, July 25, 2003 / Rules and Regulations

8. The Commission affirms the 45-day will reduce disputes to a minimum, and they provide reasonable interference DBS response time specified in this time frame will ensure that protection to NGSO FSS and strike a § 101.1440(d)(2) of the Commission’s licensees participate in conflict reasonable balance between affording rules, because it provides a reasonable resolution in good faith. the first in service provider with easier balance between the needs of DBS 13. The Commission affirms its and better use of the band while not licensees to ensure protection of their decision to dismiss the pending unduly precluding deployment by the customers before MVDDS begins applications of Broadwave Network, later-in provider. The Commission operation while affording MVDDS LLC (Northpoint), PDC Broadband affirms its finding that an alternate licensees the ability to initiate service Corporation (Pegasus), and Satellite NGSO FSS protection scheme proposed on a reasonably expeditious basis. Receivers, Ltd. (SRL) because the by one petitioner is unduly complex Further, the Commission concludes that original Ku-band Cut-Off Notice did not and provides no benefit over the DBS customers are protected once provide adequate notice for all entities adopted limits. MVDDS begins operation because the interested in filing applications for 19. The Commission amends MVDDS provider must correct licenses to provide terrestrial services in § 25.139(a) to reflect that the interference or cease operation if it the 12 GHz band. The Commission information NGSO FSS licensees are causes harmful interference to or further finds that its decision to dismiss required to provide MVDDS should be exceeds the permitted EPFD limits to a the pending applications is consistent construed narrowly and that only DBS customer of record. with the LOCAL TV Act because there information necessary to achieve the 9. The Commission amends is no evidence that Congress explicitly required 10 km separation under § 101.1440(e) of the rules to clarify the ordered the Commission to limit § 25.139(b) needs to be provided. responsibility of DBS licensees in regard terrestrial applications in this band to 20. The Commission clarifies the to future DBS receive antenna those already on file and validated by NGSO FSS low-angle PFD limit of installations. The Commission independent testing. § 25.208(o) for MVDDS protection. The 14. The Commission finds that the recognizes that § 101.1440(e) of the rules limit will be treated in a manner rules and procedures adopted in the adopted in the Second R&O appears to consistent with the rules for NGSO FSS Second R&O do not violate the require a DBS licensee to oversee all and BSS sharing where validation (i.e., Administrative Procedure Act (APA) future DBS receive antenna ‘‘hard limit’’) and operational (i.e., can because the decisions were fully installations, which they currently may be exceeded so long as they are not explained and rationally based upon all not do. It was not intent of the exceeded into an operational receiver) Commission to alter these arrangements. the information in the record and, EPFD limits were adopted. The low- Rather, the Commission only expects a therefore, are not arbitrary, capricious or angle PFD limit adopted by the DBS licensee to provide information contrary to law. Commission in the Second R&O for that they deem necessary so that other 15. The Commission finds that the MVDDS protection is therefore intended entities installing DBS receive antennas adoption of the Second R&O did not to be an operational limit which means may take into account the presence of violate the provisions of the that it does not need to be met in all MVDDS operations. Typically, this Government in the Sunshine Act cases so long as it is not exceeded into information could be conveyed with (Sunshine Act) because the item was not an operational MVDDS receiver. To installation guidelines for DBS adopted at an open meeting as defined clarify this intent, the Commission equipment. by the Act and that, therefore, the 10. The Commission amends Sunshine Act is not applicable. modifies § 25.146 to add paragraph (g) § 101.1440(d)(2) of the rules to allow 16. The Commission dismisses, as to specify that the required technical DBS providers to identify—instead of all repetitious, the petitions for showing shall demonstrate the NGSO DBS customers of record—only those reconsideration to the extent that they FSS system is capable of meeting the new DBS customers of record that they challenge the underlying decision in the limits specified in § 25.208(o). The believe would receive harmful First Report and Order, 66 FR 10601, Commission also amends § 25.208(o) to interference from the proposed MVDDS February 16, 2001, and Further Notice of require that the specified power flux transmitter during the 30-day period Proposed Rulemaking, 66 FR 7607, density shall not be exceeded into an specified in the rule. The Commission January 24, 2001, in this proceeding to operational MVDDS receiver. takes this action to address petitioners’ authorize MVDDS in the 12 GHz band, 21. The Commission clarifies the concern regarding the possible uses to and to the extent they challenge the MVDDS emission mask by amending which other parties could put such determination made in the the footnote immediately after the information. memorandum opinion and order definition of ‘‘B’’ in § 101.111(a)(2)(i) to 11. The Commission declines to adopt portion of the Second R&O that MVDDS add the proviso that the emission mask a methodology for measuring EPFD is authorized on a primary, rather than only applies at the 12.2–12.7 GHz band values in the field because any secondary, non-harmful interference edges and does not restrict MVDDS measurement techniques that might be basis as to DBS. channelization bandwidths within the described would artificially limit the 17. The Commission denies as not band. flexibility of the licensees to perform ripe, because it relies upon purely 22. Paperwork Reduction Act these measurements, and could speculative conjecture, a petition for Analysis: This Fourth Memorandum seemingly prohibit the use of a reconsideration that asserts that DBS Opinion and Order contains a new or technique that is satisfactory for this providers might at some time in the modified information collections. This purpose. future suffer a ‘‘regulatory taking’’ as the Commission, as part of its continuing 12. Concerning dispute resolution result of being required to increase effort to reduce paperwork burdens, procedures, the Commission clarifies satellite power to overcome MVDDS invites the general public and the Office that an MVDDS transmitter can be interference. of Management and Budget to comment turned on after expiration of the 90-day 18. NGSO FSS Issues. The on the information collections period specified in § 101.1440 of the Commission affirms the ¥135 dBW/m2/ contained in the Fourth Memorandum rules. The Commission believes that the 4kHz PFD limit at 3 km, and the 10 km Opinion and Order, as required by the adopted EPFD contour methodology separation rules for MVDDS because Paperwork Reduction Act of 1995,

VerDate Jan<31>2003 15:04 Jul 24, 2003 Jkt 200001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM 25JYR1 Federal Register / Vol. 68, No. 143 / Friday, July 25, 2003 / Rules and Regulations 43945

Public Law 104–13. Public and agency imposed direct responsibility on DBS and Budget (‘‘OMB’’). The Commission comments are due September 23, 2003. licensees for proper siting of future DBS will publish a document in the Federal receivers to take into account the Register announcing the effective date. Final Regulatory Flexibility presence of MVDDS. This action is taken pursuant to sections Certification 25. Licensees of NGSO FSS systems 4(i), 303(c), 303(f), 303(g) 303(r) and 23. The Regulatory Flexibility Act of are required to submit, ninety days prior 309(j) of the Communications Act of 1980, as amended (RFA),2 requires that to the initiation of service to the public, 1934, as amended, 47 U.S.C. 154(i), a regulatory flexibility analysis be a technical showing that demonstrates 303(c), 303(f), 303(g), 303(r) and 309(j). prepared for notice-and-comment rule that they are capable of meeting low- 30. It is further ordered that the making proceedings, unless the agency angle radiation limits specified in proceeding in ET Docket No. 98–206 is certifies that ‘‘the rule will not, if § 25.208(o) of the Commission’s rules terminated. promulgated, have a significant for the 12.2–12.7 GHz band. Finally, economic impact on a substantial licensees of NGSO FSS systems are List of Subjects 3 number of small entities.’’ The RFA required under the amended rules to 47 CFR Part 25 generally defines the term ‘‘small ensure that the PFD limit is not entity’’ as having the same meaning as exceeded into an operational MVDDS Communications common carriers, the terms ‘‘small business,’’ ‘‘small receiver. Taken together, these Communications equipment, Radio, organization,’’ and ‘‘small governmental requirements are less burdensome than Reporting and recordkeeping jurisdiction.’’ 4 In addition, the term those adopted in the Second R&O requirements, Satellites, Securities, and ‘‘small business’’ has the same meaning because they merely require a showing Telecommunications. as the term ‘‘small business concern’’ that the NGSO FSS system is capable of 47 CFR Part 101 under the Small Business Act.5 A meeting (instead of demonstrating the ‘‘small business concern’’ is one which: system has factually met) the specified Communications equipment, Radio, (1) Is independently owned and technical limits, and because the PFD and Reporting and recordkeeping operated; (2) is not dominant in its field limit need only be met into operational, requirements. of operation; and (3) satisfies any rather than all, MVDDS receivers. Federal Communications Commission. additional criteria established by the 26. These changes are deregulatory William F. Caton, Small Business Administration (SBA).6 because they lessen compliance Deputy Secretary. 24. Under the amended rules adopted requirements. Therefore, we certify that in the Fourth Memorandum Opinion the requirements of the Fourth Final Rules and Order, DBS licensees are required to Memorandum Opinion and Order will ■ provide the MVDDS licensee with a list not have a significant economic impact For the reasons discussed in the of only those new DBS customer on a substantial number of small preamble, the Federal Communications locations that have been installed in the entities. Commission amends 47 CFR parts 25 30-day period following the MVDDS 27. The Commission will send a copy and 101 as follows: notification and that the DBS licensee of the Fourth Memorandum Opinion believes may receive harmful PART 25—SATELLITE and Order, including a copy of this COMMUNICATIONS interference or where the prescribed Final Regulatory Flexibility equivalent power flux density (EPFD) Certification, in a report to Congress ■ 1. The authority citation for part 25 limits may be exceeded. This pursuant to the Congressional Review continues to read as follows: requirement is less burdensome than the Act.8 In addition, the Fourth rule adopted in the Second R&O 7 that Authority: 47 U.S.C. 701–744. Interprets or Memorandum Opinion and Order and applies Sections 4, 301, 302, 303, 307, 309 required disclosure of all DBS customer this final certification will be sent to the locations under similar circumstances. and 332 of the Communications Act, as Chief Counsel for Advocacy of the amended. 47 U.S.C. Sections 154, 301, 302, Furthermore, under the amended rules, SBA.9 303, 307, 309, and 332, unless otherwise DBS licensees are required to provide noted. merely the information deemed Ordering Clauses necessary by DBS licensees to enable 28. Pursuant to sections 4(i), 302, ■ 2. Section 25.139 is amended by others to take into account the presence 303(e) 303(f), 303(g), 303(r) and 405 of revising paragraph (a) to read as follows: of MVDDS transmitters. This the Communications Act of 1934, as § 25.139 NGSO FSS coordination and requirement is less burdensome than the amended, 47 U.S.C. 154(i), 302, 303(e), information sharing between MVDDS rule adopted in the Second R&O that 303(f), 303(g) and 405, the petitions for licensees in the 12.2 GHz to 12.7 GHz band. reconsideration filed by Pegasus 2 The RFA, see 5 U.S.C. 601—612, has been Broadband Corporation, MDS America, (a) NGSO FSS licensees shall amended by the Small Business Regulatory Inc., EchoStar Satellite Corporation and maintain a subscriber database in a Enforcement Fairness Act of 1996 (SBREFA), Public DIRECTV, Inc., SkyBridge L.L.C., SES format that can be readily shared with Law 104–121, Title II, 110 Stat. 857 (1996). MVDDS licensees for the purpose of 3 Americom, Inc., and Satellite 5 U.S.C. 605(b). determining compliance with the 4 5 U.S.C. 601(6). Broadcasting and Communications MVDDS transmitting antenna spacing 5 5 U.S.C. 601(3) (incorporating by reference the Association Are denied. definition of ‘‘small-business concern’’ in the Small 29. Parts 25 and 101 of the requirement relating to qualifying Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. Commission’s rules are amended as existing NGSO FSS subscriber receivers 601(3), the statutory definition of a small business set forth in § 101.129 of this chapter. applies ‘‘unless an agency, after consultation with specified in the rule changes, effective the Office of Advocacy of the Small Business August 25, 2003, except § 25.146 which This information shall not be used for Administration and after opportunity for public contains information collection purposes other than set forth in comment, establishes one or more definitions of requirements which have not been § 101.129 of this chapter. Only sufficient such term which are appropriate to the activities of information to determine compliance the agency and publishes such definition(s) in the approved by the Office of Management Federal Register.’’ with § 101.129 of this chapter is 6 15 U.S.C. 632. 8 See 5 U.S.C. 801(a)(1)(A). required. 7 Second R&O, 17 FCC Rcd 9614 (2002). 9 See 5 U.S.C. 605(b). * * * * *

VerDate Jan<31>2003 15:04 Jul 24, 2003 Jkt 200001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM 25JYR1 43946 Federal Register / Vol. 68, No. 143 / Friday, July 25, 2003 / Rules and Regulations

■ 3. Section 25.146 is amended by assigned frequency by more than 50 as to avoid the MVDDS signal. These redesignating paragraphs (g) through (m) percent up to and including 250 percent later installed DBS receive antennas as paragraphs (h) through (n) and by of the authorized bandwidth: As shall have no further rights of complaint adding a new paragraph (g) to read as specified by the following equation but against the notified MVDDS follows. in no event less than 50 decibels: transmitting antenna(s). ¥ § 25.146 Licensing and operating A = 35 + 0.8(P 50) + 10 Log10 B. * * * * * authorization provisions for the non- (Attenuation greater than 80 decibels [FR Doc. 03–19090 Filed 7–24–03; 8:45 am] geostationary satellite orbit fixed-satellite is not required.) BILLING CODE 6712–01–P service (NGSO FSS) in the bands 10.7 GHz where: to 14.5 GHz. A = Attenuation (in decibels) below * * * * * the mean output power level. DEPARTMENT OF TRANSPORTATION (g) Operational power flux density, P = Percent removed from the carrier space-to-Earth direction, limits. Ninety frequency. Office of the Secretary days prior to the initiation of service to B = Authorized bandwidth in MHz. the public, the NGSO FSS system MVDDS operations in the 12.2–12.7 49 CFR Part 40 GHz band shall use 24 megahertz licensee shall submit a technical [Docket OST–2003–15676] showing for the NGSO FSS system in for the value of B in the emission the band 12.2–12.7 GHz. The technical mask equation set forth in this RIN 2105–AD14 information shall demonstrate that the section. MVDDS operations in the NGSO FSS system is capable of meeting 12.2–12.7 GHz bands shall use 24 Procedures for Transportation the limits as specified in § 25.208(o). megahertz for the value of B in the Workplace Drug and Alcohol Testing Licensees may not provide service to the emission mask equation set forth in Programs: Drug and Alcohol public if they fail to demonstrate this section. The emission mask Management Information System compliance with the PFD limits. limitation shall only apply at the Reporting 12.2–12.7 GHz band edges and does * * * * * not restrict MVDDS channelization AGENCY: Office of the Secretary, DOT. ■ 4. In § 25.208, paragraph (n), which bandwidth within the band. ACTION: Final rule. was added at 67 FR 43037, June 26, 2002, * * * * * is correctly designated as paragraph (o) SUMMARY: The Department of ■ and revised to read as follows: 8. Section 101.1440 is amended by Transportation’s Office of Drug and revising paragraph (d)(2) and (e) to read Alcohol Policy and Compliance § 25.208 Power flux density limits. as follows. (ODAPC) is revising the Management * * * * * § 101.1440 MVDDS protection of DBS. Information System (MIS) forms (o) In the band 12.2–12.7 GHz, for currently used within five U.S. NGSO FSS space stations, the specified * * * * * Department of Transportation (DOT) low-angle power flux-density at the (d) * * * agencies and the United States Coast (2) No later than forty-five days after Earth’s surface produced by emissions Guard (USCG) for submission of annual receipt of the MVDDS system from a space station shall not be drug and alcohol program data. The information in paragraph (d)(1) of this exceeded into an operational MVDDS DOT agencies are: Federal Motor Carrier section, the DBS licensee(s) shall receiver: Safety Administration (FMCSA); 2 provide the MVDDS licensee with a list (1) 158 dB(W/m ) in any 4 kHz band Federal Aviation Administration (FAA); of only those new DBS customer for angles of arrival between 0 and 2 Federal Transit Administration (FTA); locations that have been installed in the degrees above the horizontal plane; and Federal Railroad Administration (FRA); 2 30-day period following the MVDDS (2) 158 + 3.33(d ¥ 2) dB(W/m ) in any and Research and Special Programs notification and that the DBS licensee 4 kHz band for angles of arrival (d) (in Administration (RSPA). The Department believes may receive harmful degrees) between 2 and 5 degrees above is streamlining the annual reporting of interference or where the prescribed the horizontal plane. drug and alcohol program data to DOT EPFD limits may be exceeded. In Note to paragraph (o): agencies through use of a one-page MIS addition, the DBS licensee(s) could These limits relate to the power flux data collection form. The Department is indicate agreement with the MVDDS density, which would be obtained under standardizing across the DOT agencies licensee’s technical assessment, or assumed free-space propagation the information collected and reducing identify DBS customer locations that the conditions. the amount of data reported by MVDDS licensee failed to consider or transportation employers. If a DOT PART 101—FIXED MICROWAVE DBS customer locations where they agency requires supplemental data, the SERVICES believe the MVDDS licensee erred in its DOT agency will address those issues analysis and could exceed the ■ separately. 5. The authority citation for part 101 prescribed EPFD limit. continues to read as follows: * * * * * DATES: Effective July 25, 2003. Authority: 47 U.S.C. 154, 303. (e) Beginning thirty days after the DBS FOR FURTHER INFORMATION CONTACT: Jim L. Swart, Drug and Alcohol Policy ■ 6. Section 101.111 is amended by licensees are notified of a potential Advisor at 202–366–3784 (voice) 202– revising paragraph (a)(2)(i) to read as MVDDS site in paragraph (d)(1) of this 366–3897 (fax) or at: follows: section, the DBS licensees are responsible for providing information [email protected] (e-mail). § 101.111 Emission limitations. they deem necessary for those entities SUPPLEMENTARY INFORMATION: (a) * * * who install all future DBS receive Background and Purpose (2) * * * antennas on its system to take into (i) For operating frequencies below 15 account the presence of MVDDS Five DOT agencies and the USCG GHz, in any 4 KHz band, the center operations so that these DBS receive collect drug and alcohol program data frequency of which is removed from the antennas can be located in such a way from their regulated employers on an

VerDate Jan<31>2003 15:04 Jul 24, 2003 Jkt 200001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM 25JYR1