Monday, March 17, 2003 Part II Federal Communications Commission 47 CFR Parts 1, 2, 73, 74, 78 and 101 Broadcast Auxiliary Service Rules; Final Rule VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\17MRR2.SGM 17MRR2 12744 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations FEDERAL COMMUNICATIONS television (DTV). We also make adoption date of the Report and Order. COMMISSION conforming amendments to part 73 of Defective BAS applications filed on or our rules pertaining to the Radio before November 13, 2002, the release 47 CFR Parts 1, 2, 73, 74, 78 and 101 Broadcast Services, to part 78 of our date of the Report and Order, will be [ET Docket No. 01–75; FCC 02–298] rules pertaining to the Cable Television returned with the opportunity to amend. Relay Service (CARS), and to part 101 Defective BAS applications filed after Broadcast Auxiliary Service Rules of our rules pertaining to Fixed November 13, 2002, the release date of Microwave Services (FS). In many cases, the Report and Order may be subject to AGENCY: Federal Communications the BAS, CARS, and FS share frequency dismissal. In addition, we will allow Commission. bands and have technically and relief from any new frequency ACTION: Final rule. operationally similar stations, and our coordination requirement imposed by rule changes will permit these three the rules we adopted, such as new prior SUMMARY: This document amends our services to operate under consistent coordination procedures for fixed rules pertaining to the Broadcast regulatory guidelines. systems proposed in applications Auxiliary Services (BAS) to permit BAS accepted for filing before the effective BAS Technical Rules (Part 74) and stations to introduce new technologies date of the rules. Specifically, we deem Conforming Technical Rules for Parts and create a more efficient BAS that can digital applications filed before the 74, 78 and 101 Digital Modulation in All more readily adapt as the broadcast effective date of the rules in the Report Television and Aural BAS Bands industry converts to the use of digital and Order to have been properly technology, such as digital television 2. Section 74.637 of the Commission’s coordinated under the existing (DTV). We also make conforming rules sets forth emission requirements coordination requirements, absent any amendments our rules pertaining to the for TV BAS operations. Digital evidence to the contrary, and we will Radio Broadcast Services, the Cable modulation provides for analog or not require re-coordination of these Television Relay Service (CARS), and to digital modulation in the 6425–6525 applications under prior coordination our rules pertaining to Fixed Microwave MHz, 17.7–19.7 GHz, and 31.0–31.3 procedures effective under the new Services (FS). In many cases, the BAS, GHz bands. Although the rules do not rules that also permit digital modulation CARS, and FS share frequency bands specifically prohibit digital modulation (see footnote 22 in the Report and and have technically and operationally in other TV BAS bands (i.e., 2025–2110 Order). We conclude that adherence to similar stations, and our rule changes MHz and 2450–2483.5 MHz (2 GHz), the existing frequency coordination will permit these three services to 6875–7125 MHz (7 GHz), and 12.7– requirements has been sufficient to operate under consistent regulatory 13.25 GHz (13 GHz)), the Commission’s ensure that these digital and analog/ guidelines. policy relative to BAS has been to allow digital systems do not cause harmful digital modulation only in bands where DATES: Effective April 16, 2003, except interference to existing stations, and it specifically authorized. Therefore, for §§ 74.535 and 74.637 which became that re-coordination, or the imposition under current policy, licensees must effective on October 30, 2002. of frequency coordination where it was obtain a waiver of the rules to transmit not previously required, would be FOR FURTHER INFORMATION CONTACT: Ted using digital modulation in the 2 GHz, unnecessarily burdensome to the Ryder, Office of Engineering and 7 GHz, and 13 GHz bands. applicants. Moreover, most digital BAS Technology, (202) 418–2803. 3. The Report and Order modified systems that have been applied for are SUPPLEMENTARY INFORMATION: This is a § 74.637 to permit use of any available operating under an STA and we have summary of the Commission’s Report digital modulation technique in all TV not received any evidence of and Order, ET Docket No. 01–75, FCC BAS bands and also modifies § 74.535 to interference from these systems. We 02–298, adopted October 30, 2002, and permit digital modulation in all aural therefore will not require re- released November 13, 2002. The full BAS bands. We find that permitting coordination for digital applications text of this document is available for digital modulation in the 2 GHz, 7 GHz, filed before the effective date of the inspection and copying during regular 13 GHz TV BAS bands, and all aural rules. Finally, we will exercise business hours in the FCC Reference BAS bands will provide licensees with flexibility with respect to compliance Center (Room CY–A257), 445 12th increased flexibility in the provision of with the technical rules adopted herein Street, SW., Washington, DC 20554. The BAS operations, promote more efficient when processing these applications. complete text of this document also may use of this spectrum, and facilitate the be purchased from the Commission’s transition to reduced channel Maximum Effective Isotrophic Radiated copy contractor, Qualex International, bandwidths in the 2 GHz band, and to Power for Short Paths 445 12th Street, SW., Room, CY–B402, DTV. 5. We have modified the rules to Washington, DC 20554. The full text 4. In order to facilitate the expeditious implement in §§ 74.644 and 78.108 the may also be downloaded at: http:// processing of the approximately 500 same equation codified at § 101.143 for www.fcc.gov. Alternative formats are pending applications for digital BAS determining the maximum effective available to persons with disabilities by operations, the following BAS rules will isotrophic radiated power for short contacting Brian Millin at (202) 418– became effective October 30, 2002, the paths (EIRP) for path lengths shorter 7426 or TTY (202) 418–7365. adopted date of the Report and Order: than the specified minimum. Further, §§ 74.535 and 74.637. Pursuant to 5 we are grandfathering existing fixed Summary of the Report and Order U.S.C. 553(d)(1) and 553(d)(3), we find links that are less than 17 km in length 1. The Report and Order amends part good cause to make these rules effective in the 2450–2483.5 MHz band. 74 of our rules pertaining to the immediately rather than to follow the However, we will not permit Broadcast Auxiliary Services (BAS) to normal practice of making them grandfathered or other existing links permit BAS stations to introduce new effective 30 days after publication in the that are modifying from analog technologies and create a more efficient Federal Register, due to the pendency operation to analog/digital or digital BAS that can more readily adapt as the of the BAS applications. Accordingly, operation, to retain grandfathered status, broadcast industry converts to the use of we began processing these BAS and thus continue operation at their digital technology, such as digital applications on October 30, 2002, the current elevated power levels, or be VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12745 treated as minor modifications, even if as maximum EIRPs will provide grandfathered systems. Accordingly, in operation is interference-free or is consistency and promote greater the final rules, we will specify that only frequency coordinated, unless operation efficiency in our rules. We have adopted the 2450–2483.5 MHz band is available at the higher power levels is justified. our proposals as stated in the Notice of for BAS stations. We note, however, that Such continuation would otherwise Proposed Rule Making, (NPRM) 66 FR this action in no way affects the ignore the existing requirement in 28686, May 24, 2001, and are specifying continued rights of grandfathered BAS §§ 74.644 and 78.108(c) that power in the following EIRP limits: (a) For aural stations in the 2483.5–2500 MHz band, excess of that specified be justified by BAS operations in the 944–952 MHz as described in footnote NG147 of the an appropriate technical showing, and band, 40 dBW; (b) for fixed operations Table of Frequency Allocations. could lead to the continuation of for TV BAS in the 1990–2110 MHz and Emission Masks unnecessarily excessive power levels, 2450–2483.5 MHz bands, 45 dBW; and thus defeating the spectral efficiency (c) for mobile operations for TV BAS in 10. Emission masks serve to maximize intended by minimum path length the 1990–2110 MHz and 2450–2483.5 spectrum efficiency by permitting requirements. We decline to classify the MHz bands and CARS operations in the reasonable and practical information conversion from analog to analog/digital 1990–2110 MHz band, 35 dBW. We transfer within a channel and at the or digital operation as a minor have also deleted output power same time limiting out-of-band modification. Such a change is and will limitations for fixed systems as it will emissions to minimize adjacent channel remain classified as major under permit flexibility in designing systems. interference. Our rules contain a § 1.929. Further, while operation However, we will maintain output number of emission masks tailored to without interference is possible, and power limitations in the rules for mobile specific operations and channel sizes.