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List of Subjects in 47 CFR Part 15 envelopes must be disposed of before PART 73—RADIO BROADCAST Communications equipment, entering the building. Commercial SERVICES overnight mail (other than U.S. Postal Labeling, Radio, Reporting and 1. The authority citation for part 73 recordkeeping requirements. Service Express Mail and Priority Mail) must be sent to 9300 East Hampton continues to read as follows: Federal Communications Commission. Drive, Capitol Heights, MD 20743. U.S. Authority: 47 U.S.C. 154, 303, 334 and 336. Marlene H. Dortch, Postal Service first-class mail, Express Secretary. Mail, and Priority Mail should be § 73.622 [Amended] [FR Doc. 03–9688 Filed 4–18–03; 8:45 am] addressed to 445 12th Street, SW., 2. Section 73.622(b), the Table of BILLING CODE 6712–01–P Washington, DC 20554. All filings must Digital Television Allotments under be addressed to the Commission’s Alaska is amended by removing DTV Secretary, Office of the Secretary, channel *6 and adding DTV channel FEDERAL COMMUNICATIONS Federal Communications Commission, *10, Juneau. COMMISSION Washington, DC 20554. In addition to Federal Communications Commission. filing comments with the FCC, 47 CFR Part 73 Barbara A. Kreisman, interested parties should serve the Chief, Video Division, Media Bureau. [DA 03–1110, MB Docket No. 03–97, RM– petitioner, or its counsel or consultant, [FR Doc. 03–9666 Filed 4–18–03; 8:45 am] 10683] as follows: Lawrence M. Miller, Schwartz, Woods & Miller, 1350 BILLING CODE 6712–01–P Digital Television Broadcast Service; Connecticut Avenue, NW., Suite 300, Juneau, AK Washington, DC 20036–1717 (Counsel FEDERAL COMMUNICATIONS AGENCY: Federal Communications for Capital Community Broadcasting, COMMISSION Commission. Inc.). ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: Pam 47 CFR Part 101 Blumenthal, Media Bureau, (202) 418– SUMMARY: The Commission requests 1600. [ET Docket No. 98–206; RM–9147; RM–9245; comments on a petition filed by Capital FCC 03–85] Community Broadcasting, Inc., licensee SUPPLEMENTARY INFORMATION: This is a of noncommercial educational station synopsis of the Commission’s Notice of Permit Operation of NGSO FSS KTOO–TV, Juneau, Alaska, proposing Proposed Rule Making, MB Docket No. Systems Co-Frequency With GSO and the substitution of DTV channel *10 for 03–97, adopted April 4, 2003, and Terrestrial Systems in the Ku-Band DTV channel *6 at Juneau. DTV released April 14, 2003. The full text of Frequency Range Channel *10 can be allotted to Juneau, this document is available for public Alaska, at reference coordinates 58–18– inspection and copying during regular AGENCY: Federal Communications 04 N. and 134–25–21 W. with a power business hours in the FCC Reference Commission. of 0.748, a height above average terrain Information Center, Portals II, 445 12th ACTION: Proposed rule. HAAT of 320.3 meters. Since the Street, SW., Room CY–A257, community of Juneau is located within Washington, DC 20554. This document SUMMARY: In this document the 400 kilometers of the U.S.-Canadian may also be purchased from the Commission seeks comment on the border, concurrence from the Canadian Commission’s duplicating contractor, appropriate service area definition for government must be obtained for this Qualex International, Portals II, 445 the Multichannel Video Distribution allotment. 12th Street, SW., Room CY–B402, and Data Service (MVDDS) in the 12.2– Washington, DC 20554, telephone 202– 12.7 GHz band (12 GHz band). This DATES: Comments must be filed on or 863–2893, facsimile 202–863–2898, or action is taken in response to comments before June 5, 2003, and reply via e-mail [email protected]. received in response to a January 30, comments on or before June 20, 2003. Provisions of the Regulatory 2003, auction public notice which ADDRESSES: The Commission permits Flexibility Act of 1980 do not apply to sought comment on an MVDDS auction the electronic filing of all pleadings and this proceeding. based on either CEAs or DMAs. Given comments in proceeding involving Members of the public should note that we are revisiting the service area petitions for rule making (except in that from the time a Notice of Proposed definition, we also take this opportunity broadcast allotment proceedings). See Rule Making is issued until the matter to explore whether the current build out Electronic Filing of Documents in Rule is no longer subject to Commission requirement sufficiently promotes Making Proceedings, GC Docket No. 97– consideration or court review, all ex expeditious deployment of service. By 113 (rel. April 6, 1998). Filings by paper parte contacts are prohibited in these actions, we seek to deploy the new can be sent by hand or messenger Commission proceedings, such as this MVDDS in a manner that most delivery, by commercial overnight one, which involve channel allotments. efficiently and effectively allows for courier, or by first-class or overnight See 47 CFR 1.1204(b) for rules flexible use of the spectrum. U.S. Postal Service mail (although we governing permissible ex parte contacts. DATES: Comments are due on or before continue to experience delays in For information regarding proper April 28, 2003, and reply comments are receiving U.S. Postal Service mail). The filing procedures for comments, see 47 due on or before May 5, 2003. Commission’s contractor, Vistronix, CFR 1.415 and 1.420. Inc., will receive hand-delivered or ADDRESSES: Federal Communications messenger-delivered paper filings for List of Subjects in 47 CFR Part 73 Commission, 445 12th Street, SW., TW– the Commission’s Secretary at 236 Digital television broadcasting, A325, Washington, DC 20554. See Massachusetts Avenue, NE., Suite 110, Television. SUPPLEMENTARY INFORMATION for filing Washington, DC 20002. The filing hours For the reasons discussed in the instructions. at this location are 8 a.m. to 7 p.m. All preamble, the Federal Communications FOR FURTHER INFORMATION CONTACT: hand deliveries must be held together Commission proposes to amend 47 CFR Jennifer Burton, Public Safety and with rubber bands or fasteners. Any Part 73 as follows: Private Wireless Division, Wireless

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Telecommunications Bureau at (202) separate and distinct heading overnight courier, or by first-class or 418–0680, e-mail [email protected]. designating them as responses to the overnight U.S. Postal Service mail SUPPLEMENTARY INFORMATION: This is a IRFA. The Commission’s Consumer (although we continue to experience summary of the FCC’s Further Notice of Information Bureau, Reference delays in receiving U.S. Postal Service Proposed Rulemaking, FCC 03–85, Information Center, shall send a copy of mail). The Commissioner’s contractor, adopted on April 10, 2003, and released this NPRM, including the IRFA, to the Vistronix, Inc., will receive hand- on April 15, 2003. The full text of this Chief Counsel for Advocacy of the Small delivered or messenger-delivered paper document is available for inspection Business Administration in accordance filings for the Commission’s Secretary at and copying during normal business with section 603(a) of the Regulatory 236 Massachusetts Avenue, NE., Suite hours in the FCC Reference Center, 445 Flexibility Act. 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 12th Street, SW., Washington, DC Ex Parte Rules—Permit-But-Disclose p.m. All hand deliveries must be held 20554. The complete text may be Proceedings purchased from the FCC’s copy together with rubber bands or fasteners. contractor, Qualex International, 445 4. This is a permit-but-disclose notice Any envelopes must be disposed of 12th Street, SW., Room CY–B402, and comment rule making proceeding. before entering the building. Washington, DC 20554. The full text Our rules permit ex parte presentations, Commercial overnight mail (other than may also be downloaded at: except during the Sunshine Agenda U.S. Postal Service Express Mail and www.fcc.gov. Alternative formats are period, provided they are disclosed as Priority Mail) must be sent to 9300 East available to persons with disabilities by provided in the Commission’s rules. See Hampton Drive, Capitol Heights, MD contacting Brian Millin at (202) 418– generally 47 CFR 1.1202, 1.1203, and 20743. U.S. Postal Service first-class 1.2306(a). 7426 or TTY (202) 418–7365 or at mail, Express Mail, and Priority Mail [email protected]. Comment Dates should be addressed to 445 12th Street, SW., TW–A325, Washington, DC 20554. 1. In this Second Further Notice of 5. Pursuant to §§ 1.415 and 1.419 of Proposed Rulemaking (NPRM), we seek All filings must be addressed to the our rules, interested parties may file Commissioner’s Secretary, Office of the further comment on the appropriate comments on or before 7 days from the service area definition for the Secretary, Federal Communications date of publication in the Federal Commission. Multichannel Video Distribution and Register and reply comments on or Data Service (MVDDS) in the 12.2–12.7 8. Parties who choose to file by paper before 14 days from the date of should also submit their comments on GHz band (12 GHz band). Specifically, publication in the Federal Register. we seek comment on the most diskette. Such a submission should be Comments may be filed using the on a 3.5-inch diskette formatted in an appropriate service area definition for Commission’s Electronic Comment the geographic licensing of MVDDS. We IBM compatible format using Microsoft Filing System (ECFS), http:// Word or compatible software. The also seek comment on whether www.fcc.gov/e-file/ecfs.html, or by filing Designated Market Areas (DMAs) will diskette should be accompanied by a paper copies. cover letter and should be submitted in facilitate delivery of advanced wireless 6. Comments filed through the ECFS services, such as video and data ‘‘read only’’ mode. The diskette should can be sent as an electronic file via the be clearly labeled with the commenter’s broadband services, to a wide range of Internet to http://www.fcc.gov/e-file/ populations, including those areas that name, proceeding (including the lead ecfs.html. Generally, only one copy of docket number, type of pleading are unserved and underserved. In an electronic submission must be filed. (comment or reply comment), date of addition, we seek comment on whether If multiple docket or rulemaking submission, and the name of the we should modify the MVDDS build out numbers appear in the caption of this electronic file on the diskette. The label requirement as a means to foster proceeding, however, commenters must should also include the following expeditious deployment of advanced transmit one electronic copy of the phrase ‘‘Disk Copy—Not an Original.’’ wireless services, such as video and comments to each docket or rulemaking Each diskette should contain only one data broadband services, to these number referenced in the caption. In party’s pleading, preferably in a single communities as well. completing the transmittal screen, electronic file. In addition, commenters Procedural Matters commenters should include their full must send diskette copies to the name, U.S. Postal Service mailing Commission’s copy contract, Qualex Initial Regulatory Flexibility Analysis address, and the applicable docket or International, Portals II, 445 12th Street, 2. As required by section 603 of the rulemaking number. Parties may also SW., Room CY–B402, Washington, DC Regulatory Flexibility Act, the submit an electronic comment by 20554, telephone 202–863–2893, Commission has prepared an Initial Internet e-mail. To get filing instructions facsimile 202–863–2898, or via e-mail Regulatory Flexibility Analysis (IRFA) for e-mail comments, commenters [email protected]. of the expected impact on small entities should send an e-mail to [email protected], 9. Alternative formats (computer of the proposals suggested in this and should including the following diskette, large print, audio cassette and document. Below contains the IRFA. We words in the body of the message, ‘‘get Braille) are available to persons with request written public comments on the form

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conventional citations as a convenience use Nielsen Media Research’s DMA mark, will facilitate more effective deployment to readers. We are unable to update regions or data, and that such right must be of these services as well as the these URLs after adoption of this NPRM, obtained from Nielsen Media Research on appropriate benchmark for a buildout and readers may find some URLs to be such terms as may be mutually acceptable to Nielsen Media Research and the supplier, in requirement. Finally, we seek comment out of date as time progresses. We also their sole and respective discretion, and (ii) on the potential impact on small advise readers that the only definitive does not republish DMA regions or data in business plans if we change the build text of FCC documents is the one that any statute, regulation or rule or otherwise. out requirement. 16. We seek comment on the is published in the FCC Record. In case 13. We are concerned that Nielsen’s following issues under consideration in of discrepancy between the electronic conditions on the use of DMAs may documents cited here and the FCC unduly limit the business plans and this NPRM: Record, the version in the FCC Record • The appropriate service area opportunities for MVDDS licensees. By is definitive. designation for MVDDS. its most recent letter, Nielsen makes it • The appropriate buildout Initial Regulatory Flexibility Analysis clear that it is unwilling to consent to requirement for MVDDS. 11. As required by the Regulatory allowing the Commission’s MVDDS Flexibility Act of 1980, as amended licensees use the DMA mark, regions or Legal Basis (RFA), the Commission has prepared data in their MVDDS business without 17. The proposed action is authorized this present Initial Regulatory an individual license from Nielsen. under the Administrative Procedure Flexibility Analysis (IRFA) of the Thus, it does not appear that the license Act, 5 U.S.C. 553; and sections 1.4(i), 7, possible significant economic impact on Nielsen described would give 301, 303, 308 and 309(j) of the a substantial number of small entities by Commission licensees sufficient Communications Act of 1934, as the policies and rules proposed in this flexibility to make practical use of the amended, 47 U.S.C. 154(i), 157, 301, Second Further Notice of Proposed DMA designation in connection with 303, 308 and 309(j). Rulemaking (NPRM). Written public their MVDDS operations. Additionally, although the Commission could cross- Description and Estimate of the Number comments are requested on this IRFA. of Small Entities to Which the Proposed Comments must be identified as reference DMAs in its rules, Nielsen’s Rules Will Apply responses to the IRFA and must be filed limitations may interfere with our by the deadlines for comments on the enforcement flexibility, since Nielsen 18. The RFA directs agencies to NPRM provided in paragraph 124 of the does not want us to ‘‘republish DMA provide a description of, and, where item. The Commission will send a copy regions or data in any statute, regulation feasible an estimate of, the number of of this NPRM, including this IRFA, to or rule or otherwise.’’ We seek comment small entities that may be affected by the Chief Counsel for Advocacy of the on whether the conditions described by the rules adopted herein. The RFA Small Business Administration (SBA). Nielsen are so restrictive that use of generally defines the term ‘‘small In addition, the NPRM and IRFA (or DMAs would be of limited utility to entity’’ as having the same meaning as summaries thereof) will be published in small businesses. We also request the terms ‘‘small business,’’ ‘‘small the Federal Register. comment on the potential impact on organization,’’ and ‘‘small governmental small business plans if we change the jurisdiction.’’ In addition, the term Need for, and Objectives of, the service area designation. ‘‘small business’’ has the same meaning Proposed Rule 14. Given that we are revisiting the as the term ‘‘small business concern’’ 12. In this NPRM, we revisit the issues service area definition, we also take this under the Small Business Act. A small of the geographic licensing scheme for opportunity to explore whether the business concern is one which: (1) Is MVDDS and build-out requirements. In current build out requirement independently owned and operated; (2) the Second Report and Order, the sufficiently promotes expeditious is not dominant in its field of operation; Commission adopted geographic license deployment of service, particularly for and (3) satisfies any additional criteria service areas for MVDDS on the basis of those communities that are traditionally established by the Small Business Component Economic Areas (CEAs). unserved or underserved. As indicated Administration (SBA). Based on the previously-established earlier, the Second R&O establishes a 19. Small Multichannel Video record in this proceeding, and on ten-year build out requirement for the Programming Distributors (MVPDs). subsequent discussions between MVDDS licensees based on substantial SBA has developed a definition of small Commission staff and Nielsen service as a basis for a renewal entities for cable, which includes all representatives which indicate that, expectancy. MDS America has such companies generating $11 million although Nielsen remains unable to expressed concern that a ten-year build or less in annual receipts. This enter into a formal agreement to allow out period for MVDDS licenses was too definition includes cable system the Commission to use its Designated long given the potential for anti- operators and DBS services. According Market Area (DMA) designation for the competitive warehousing of spectrum in to the Census Bureau data from 1992, MVDDS service areas, Nielsen does not this service and the great demand for there were 1,758 total cable and other object to the Commission’s use of DMAs rural broadband service. MDS America pay television services and 1,423 had in this manner, subject to certain supports a five-year build out period, a less than $11 million in revenue. We parameters. Specifically, in a letter requirement advocated by other address below each service individually received on March 26, 2003, it appears commenters in this record. to provide a more precise estimate of that Nielsen would agree to extend a 15. We seek limited comment on the small entities. perpetual, royalty-free license to the timing of whether a 10-year build out 20. Cable Services. The Commission Commission, without the right to requirement is optimal for fostering has developed, with SBA’s approval, sublicense, to its DMA mark and expeditious delivery of advanced our own definition of a small cable regions, provided that the Commission: wireless services to all communities, in system operator for the purposes of rate (i) Agrees, and continues to communicate particular communities that are regulation. Under the Commission’s to prospective MVDDS suppliers, that a traditionally unserved or underserved. rules, a ‘‘small cable company’’ is one territorial license from the Commission to In addition, we seek comment on serving 400,000 or fewer subscribers supply MVDDS does not confer the right to whether a shorter build out requirement nationwide. We last estimated that there

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were 1439 cable operators that qualified SBA, if independently owned and 25. The rules set forth in the Second as small cable companies. Since then, operated. Report and Order will affect all entities some of those companies may have 23. Auxiliary, Special Broadcast and that intend to provide terrestrial grown to serve over 400,000 subscribers, other program distribution services. MVDDS operations in the 12.2–12.7 and others may have been involved in This service involves a variety of GHz band. In the Second Report and transactions that caused them to be transmitters, generally used to relay Order, the Commission stated that combined with other cable operators. broadcast programming to the public licensees are permitted to use MVDDS Consequently, using this definition, we (through translator and booster stations) spectrum for, among other things, fixed estimate that there are fewer than 1439 or within the program distribution chain one-way direct-to-home/business video small entity cable system operators that (from a remote news gathering unit back and data services. may be affected by the decisions and to the station). The Commission has not 26. Additionally, in the Second rules adopted in the Second Report and developed a definition of small entities Report and Order, the Commission Order. applicable to broadcast auxiliary adopted definitions for three tiers of 21. The Communications Act defines licensees. Therefore, the applicable small businesses for the purpose of a small cable system operator as ‘‘a definition of small entity is the providing bidding credits to small cable operator that, directly or through definition under the SBA rules entities. Specifically, we defined the an affiliate, serves in the aggregate fewer applicable to radio networks (NAICS three tiers of small business as: (a) An than one percent of all subscribers in 513111), radio stations (NAICS 513112), ‘‘entrepreneur’’ is an entity with average the United States and is not affiliated and television broadcasting (NAICS annual gross revenues not exceeding with any entity or entities whose gross 513120). These definitions provide, $40 million for the preceding three annual revenues in the aggregate exceed respectively, that a small entity is one years; (b) a ‘‘small business’’ is an entity $250,000,000.’’ The Commission has with either $5 million or less in annual with average annual gross revenues not determined that there are 61,700,000 receipts or $10.5 million in annual exceeding $15 million for the preceding subscribers in the United States. receipts. The numbers of these stations three years; and (c) a ‘‘very small Therefore, an operator serving fewer are very small. The Commission does business’’ is an entity with average than 617,000 subscribers shall be not collect financial information on annual gross revenues not exceeding $3 deemed a small operator under the these auxiliary broadcast facilities. We million for the preceding three years. Communications Act definition, if its continue to believe, however, that most, We will not know how many auction participants or licensees will qualify annual revenues, when combined with if not all, of these auxiliary facilities the total annual revenues of all of its under these definitions as could be classified as small businesses affiliates, do not exceed $250 million in entrepreneurs, small businesses, or very by themselves. We also recognize that the aggregate. Based on available data, small businesses until an auction is most of these types of services are we find that the number of cable held. However, upon reviewing the owned by a parent station which, in operators serving 617,000 subscribers or record in the MVDDS proceeding, we some cases, would be covered by the less totals approximately 1450. assume that, for purposes of our revenue definition of small business Although it seems certain that some of evaluations and conclusions in the entity discussed above. These stations these cable system operators are FRFA, a number of the prospective would likely have annual revenues that affiliated with entities whose gross licensees will be entrepreneurs, small exceed the SBA maximum to be annual revenues exceed $250,000,000, businesses, or very small businesses designated as a small business (as noted, we are unable at this time to estimate under our adopted definitions. with greater precision the number of either $5 million for a radio station or cable system operators that would $10.5 million for a TV station). Description of Projected Reporting, qualify as small cable operators under Furthermore, they do not meet the Recordkeeping, and Other Compliance the definition in the Communications SBA’s definition of a ‘‘small business Requirements Act. concern’’ because they are not 27. This NPRM imposes no new 22. DBS Service. Because DBS independently owned and operated. reporting, recordkeeping or other provides subscription services, DBS 24. Private Operational Fixed Service. compliance requirements not previously falls within the SBA definition of Cable Incumbent microwave services in the adopted in this proceeding Paperwork Networks (NAIC 513210) and Cable and 12.2–12.7 GHz bands include common Reduction Act of 1995, Pub. L. No. 104– Other Program Distribution (NAIC carrier, private operational fixed (POF), 13. 513220). This definition provides that a and BAS services. Presently, there are Steps Taken To Minimize Significant small entity is expressed as one with approximately 22,015 common carrier Economic Impact on Small Entities, and $11 million or less in annual receipts. licensees, and approximately 61,670 Significant Alternatives Considered The operational licensees of DBS POF licensees and broadcast auxiliary services in the United States are radio licensees in the microwave 28. The RFA requires an agency to governed by part 100 of the service. Inasmuch as the Commission describe any significant alternatives that Commission’s Rules. The Commission, has not yet defined a small business it has considered in reaching its however, does not collect annual with respect to these incumbent proposed approach, which may include revenue data for DBS and, therefore, is microwave services, we utilized the the following four alternatives (among unable to ascertain the number of small SBA’s definition applicable to cellular others): (1) The establishment of DBS licensees meeting this definition and other wireless telecommunications differing compliance or reporting that could be impacted by these rules. companies (NAICS 513322); i.e., an requirements or timetables that take into DBS service requires a great investment entity with no more than 1500 persons. account the resources available to small of capital for operation, and we We estimate, for this purpose, that all of entities; (2) the clarification, acknowledge that there are entrants in the Fixed Microwave licensees consolidation, or simplification of this field that may not yet have (excluding broadcast auxiliary compliance or reporting requirements generated $11 million in annual licensees) would qualify as small under the rule for small entities; (3) the receipts, and therefore may be entities under the SBA definition for use of performance, rather than design categorized as a small business by the radiotelephone companies. standards; and (4) an exemption from

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coverage of the rule, or any part thereof, a viable option in facilitating local (DMAs). The 214 DMA service areas are for small entities. access to cable, non-cable, and MVDDS based on the 210 Designated Market 29. With respect to its decision to use service offerings. Consequently, we Areas delineated by Nielsen Media CEAs as the basis for the MVDDS believe that both DMAs and CEAs Research and published in its pamphlet service, the Commission noted that would encourage rapid service entitled U.S. Television Household adopting CEAs would provide similar deployment in unserved or underserved Estimates, September 2002, plus four benefits as DMAs but would better areas and encourage meaningful FCC-defined DMA-like service areas: promote its objectives and address participation by small businesses. (a) Alaska—Balance of State (all commenters’ concerns. Specifically, the Additionally, entities desiring a national geographic areas of Alaska not included Commission premised its decision on footprint, may aggregate either DMAs or in Nielsen’s three DMAs for the state: three factors. First, the smaller CEA CEAs to create such larger networks. Anchorage, Fairbanks, and Juneau); service areas would better track actual (b) Guam and the Northern Mariana deployment of fixed services. Second, Federal Rules That May Duplicate, CEAs would encourage rapid service Overlap, or Conflict With the Proposed Islands; deployment to less populated and rural Rule (c) Puerto Rico and the United States regions because they will permit 32. None. Virgin Islands; and additional opportunities for small (d) American Samoa. Ordering Clauses businesses to provide MVDDS. Third, 3. Section 101.1421 is amended by the use of CEAs would encourage the 33. The Commission’s Consumer and revising paragraphs (b) and (c) to read meaningful participation of small Governmental Affairs Bureau, Reference as follows: businesses better than a nationwide or Information Center, shall send a copy of regional geographic licensing approach this Second Further Notice of Proposed § 101.1421 Coordination of adjacent area because the smaller areas would likely Rulemaking, including the Initial MVDDS stations and incumbent public require a lower minimum investment. Regulatory Flexibility Analysis, to the safety POFS stations. Further, the Commission noted that for Chief Counsel for Advocacy of the Small * * * * * those seeking a regional or national Business Administration in accordance (b) Harmful interference to public footprint, the use of CEAs would not with section 603(a) of the Regulatory safety stations, co-channel MVDDS prevent them from aggregating areas to Flexibility Act, 5 U.S.C. 603(a). stations operating in adjacent create such larger networks. 34. Pursuant to the authority geographic areas, and stations operating 30. While we do not prejudge the type contained in sections 4, 4(i), 7, 303, on adjacent channels to MVDDS stations of services licensees will offer in the 12 303(g), 303(r), 307 and 332(c)(7) of the is prohibited. In areas where the DMAs GHz band, we nonetheless believe that Communications Act of 1934, as are in close proximity, careful it is appropriate to adopt a service area amended, 47 U.S.C. 154, 154(i), 157, consideration should be given to power definition that will afford MVDSS 303, 303(g), 303(r), 307, this Second requirements and to the location, height, licensees the opportunity to provide a Further Notice of Proposed Rulemaking and radiation pattern of the transmitting wide array of services. Based on the is adopted. and receiving antennas. Licensees are record in this proceeding, we believe List of Subjects in 47 CFR Part 101 expected to cooperate fully in that utilizing DMAs may be more attempting to resolve problems of effective in this regard. DMAs, as Communication equipment, Radio, potential interference before bringing compared to CEAs, provide a better Reporting and recordkeeping the matter to the attention of the method to delineate television markets requirements. Commission. based on viewing patterns. Federal Communications Commission. (c) Licensees shall coordinate their Consequently, for those MVDDS Marlene H. Dortch, facilities whenever the facilities have licensees seeking to provide MVPD Secretary. optical line-of-sight into other licensees’ service offerings involving the areas or are within the same geographic Rule Changes retransmission of broadcast area. Licensees are encouraged to programming, the use of DMAs could For the reasons discussed in the develop operational agreements with provide additional economic benefits. preamble the FCC proposes to amend 47 relevant licensees in the adjacent For example, MVDDS licensees with CFR part 101 as follows: geographic areas. Incumbent public service offerings involving the delivery safety POFS licensee(s) shall retain of television programming may find the PART 101—FIXED MICROWAVE exclusive rights to its channel(s) within use of DMAs to be administratively SERVICES the relevant geographical areas and easier due to the close nexus between must be protected in accordance with the television viewer market areas as 1. The authority citation for part 101 continues to read as follows: the procedures in § 101.103 of this part. determined by the DMA delineation and A list of public safety incumbents is Authority: 47 U.S.C. 154, 303. the proposed use of the service. attached to the released Memorandum 31. As to other uses, including fixed 2. Section 101.1401 is revised to read Opinion and Order and Second Report services, we believe that DMAs and as follows: and Order, Docket 98–206 released May CEAs are equally advantageous because 23, 2002. Please check with the they are both local in nature. While we § 101.1401 Service areas. Commission for any updates to that list. recognize that CEAs are smaller than Multichannel Video Distribution and DMAs, we continue to believe that Data Service (MVDDS) is licensed on [FR Doc. 03–9681 Filed 4–18–03; 8:45 am] DMAs, which are county-based, provide the basis of Designated Market Areas BILLING CODE 6712–01–P

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