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. frequency coordination may systems. Maintaining these limits will For example, different emission masks demonstrate the ability of the system to reduce the potential for interference are authorized under parts 74, 78, and operate without interference, neither from mobile systems because they limit 101. Although the same equipment is would necessarily justify the EIRP for omnidirectional mobile often certified and used by licensees in continuation of higher power levels, or systems and reduce off-axis EIRP for different services, our rules, in some thus warrant the continuation. We directional mobile systems. cases, allow each service to use a therefore decline to accept such 8. Comsearch asked that the part 101 different emission mask for the same conditions as sufficient justification to EIRP limit for the 12,200–13,250 MHz type of emission (e.g., FM, AM, etc.) in warrant the continuation of higher band be amended from 50 dBW to the same frequency band. The power levels, and will continue to conform to the parts 74 and 78 limit of Commission in the NPRM proposed to require an appropriate technical 55 dBW. We generally agree. We believe make the FM and digital modulation showing justifying the elevated power, that providing common technical emission mask requirements for BAS as required by § 74.644. With respect to standards for similar stations simplifies consistent with the requirements for FS MRC’s recommendation to require the manufacturing and licensing in part 101 and proposed to adopt upgrade of old analog receivers to avert process. We note that, except for LTTS, standard measurement procedures to harmful interference from a system fixed stations under part 101 have not measure emissions. Additionally, the converting to multiplexed analog/digital been eligible for new licenses in the Commission proposed to grandfather operation, we decline to impose such an 12,700–13,200 MHz portion of the band existing equipment authorized pursuant upgrade, as our rules do not contain since 1983. These stations were to current emission masks. minimum receiver performance designed and have been operating for 11. Commenters did not address our requirements. the last 19 years or more with the 50 proposals to standardize the emission 6. We decline to designate the 1990– dBW limit. Thus, we see no reason to masks between part 74 and part 101. 2110 MHz and 2450–2483.5 MHz bands modify that limit for these stations. We Most comments addressed nuances of for use by Remote Pickup BAS will increase the EIRP limit to 55 dBW the rules, such as how they apply to operations. We also decline to phase out for all FS stations in the 13,200–13,250 composite systems. On the specific fixed operation in these bands, to MHz portion of the band. Further, we emission masks proposed, the prohibit new fixed path lengths shorter note that the rules for common carriers comments received were supportive. We than 17 km in these bands, or to phase in the LTTS specify that they are subject believe that maintaining the status quo out existing short paths in these bands to the technical rules of parts 74 and 78 in the 2 GHz band would harm the in five years. We recognize that it is in certain frequency bands shared with industry more than help it. By providing possible that the removal of fixed paths BAS and CARS. Therefore, they also certainty to manufactures and users could free up spectrum for mobile use will be subject to the higher 55 dBW regarding equipment, we believe that in some areas. However, we find that limit we are adopting for fixed stations. the industry will be able to move such action would unnecessarily limit To avoid confusion in the rules, we will forward and begin making wide scale the flexibility of TV BAS to amend § 101.807 to clearly state that use of digital equipment to increase accommodate fixed paths, where such LTTS stations in certain bands shared spectral efficiency and to ensure that paths are feasible and desirable with with BAS and CARS should follow the equipment is available for broadcasters respect to mobile use of the band. This power rules of parts 74 and 78. as they transition to DTV. Accordingly, is particularly true for short paths, 9. We found that maintaining the we adopted the proposals to amend the whose reduced EIRP can accommodate same EIRP limits for digital and analog part 74 aural and TV BAS emission them in a spectrally efficient way. systems is appropriate because, masks to make them consistent with the Moreover, the forced relocation of although digital systems would emission masks of part 101. As stated in existing fixed links would be a burden normally require less EIRP to operate, the NPRM, imposing a single set of on licensees. lowering their maximum EIRP could standards across shared frequency render them more susceptible to bands will simplify the manufacturing Transmitter Power interference from higher powered and equipment authorization processes. 7. We find that the proposals to analog systems. Finally, regarding BAS Additionally, consistent rules will harmonize power limits among parts 74, station operations at 2483.5–2500 MHz, provide a level of certainty to licensees 78, and 101, and to express those limits the new EIRP limits should not apply to regarding the expected RF environment,

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12746 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

minimize the potential of harmful or F9W, indicating that the system which approves equipment interference and simplify the frequency accommodates at least one analog and at authorizations, to require the use of a coordination process. In addition, we least one digital signal. We note that mask reference bandwidth of 100 kHz adopt our proposal to grandfather licensees who modify their equipment for this mask. Accordingly, we have existing equipment, and will do so for from an analog system to a composite amended the analog FM emission mask existing equipment and equipment of analog/digital system, must also modify for part 74 TV and aural BAS to reflect current production lines authorized, via their station authorization to show the a 100 kHz emission mask reference certification or verification pursuant to new emission type using ULS. Under bandwidth. the current emission standards, up to the rules, such a change would be Automatic Transmit Power Control two years after the adoption of this considered major and require a new Report and Order, and for stations frequency coordination. 16. Automatic transmit power control (ATPC) is a function that provides for authorized to use such equipment 15. We did not receive any comments more efficient spectrum use by ensuring pursuant to an application filed up to with regard to our proposals for that the transmitter only uses the power two years after the adoption of this standardized measurement procedures. necessary to maintain reliable Report and Order. However, any such We continue to believe that our communications. Radios that use ATPC non-conforming equipment replaced on procedures should ensure that all operate with certain power levels during or after two years after the adoption of equipment is measured consistently. normal propagation conditions. When this Report and Order must be replaced Therefore, for measuring compliance the receiver detects a drop in received by conforming equipment. with the emission mask, for emissions 12. We will require Coded Orthogonal signal level, due to multipath or a rain removed from the center frequency by Frequency Division Multiplexing fade, for example, the receiver sends a 250% of the emission bandwidth or (COFDM) systems to meet the emission signal to the transmitter to gradually less, we will permit a reduction of the limitations of the digital mask. We will increase power. When the received measurement reference bandwidth grandfather existing equipment and signal level begins to rise, the receiver below the mask reference bandwidth to equipment of current production lines sends a signal to the transmitter to a value not less than 1% of the emission for two years consistent with our reduce power. By operating in this bandwidth, or the next higher decision. Finally, we clarify that the manner, interference levels into nearby measurement bandwidth available. This correct emission type for COFDM is microwave paths are reduced and more will allow for more accurate emissions W7D. frequencies can be coordinated and 13. MRC, the only commenter to measurements just outside the edge of used in any given geographic area. address the issue of hybrid digital/ the emission bandwidth, which might Additionally, by keeping signal levels analog systems, supports our proposal otherwise be blurred by the contribution low, ATPC reduces power consumption to apply the digital mask to such of much greater emissions within the of the radio, which lowers operating systems if the digital traffic is 50% or emission bandwidth. For measurements costs and increases equipment more of the total peak deviation. We outside this range, we will use the reliability. adopted this proposal. For comparison International Telecommunication Union 17. As proposed in the NPRM, we will digital/analog systems, similar to hybrid (ITU) guidelines of a 100 kHz resolution permit TV BAS, aural BAS, and CARS systems, we will apply the appropriate bandwidth for systems operating on licensees to use ATPC, and we analog or digital emission mask based frequencies below 1 GHz and a 1 MHz encourage using TIA TSB 10–F on the percentage of the channel that resolution bandwidth for systems guidelines. While the benefits of using carries a digital signal. Specifically, this operating on frequencies above 1 GHz. ATPC for BAS may not be as great in percentage will be calculated as the We realize that this may create a other services because BAS generally system’s digital necessary bandwidth situation where the emissions mask uses one-way, rather than two-way, divided by the aggregate necessary reference bandwidth stated in the rule is communications, the benefits can still bandwidth. For purposes of equipment less than the measurement resolution be significant. For those stations using authorization and licensing, the output bandwidth. If this occurs, there could be two-way communications, ATPC will power and EIRP of a composite system some blurring of spectral spikes that permit more systems to be frequency will be its aggregate output power and might otherwise be detected. We believe coordinated, thus promoting the EIRP. Both composite and hybrid that the benefits of simplification and maximum utilization of spectrum. With systems will ease the transition to DTV standardization outweigh the potential respect to TIA TSB 10–F, we recognize as they provide a migration path for for such effects to result in interference the value of standardized, industry-wide licensees to transition from an analog to adjacent channels. Further, to protect frequency coordination guidelines. NTSC signal to a dual analog/digital adjacent channel operations, we will Interference to Geostationary Satellites (NTSC/ATSC) signal, and eventually to require that the emission mask only a digital signal. We believe that the attenuation requirement be corrected to 18. We have adopted our proposal to procedures we have adopted will decrease with the ratio of measurement consolidate in part 101 any parts 74 and simplify and advance the transition to resolution bandwidth to mask reference 78 technical rules that pertain to DTV while protecting the ability of bandwidth, i.e., by a factor of 10 protecting geostationary satellites from coordinators to engineer systems. log10(Bres/Bref), where Bres is the interference from terrestrial systems. 14. To determine the emission measurement resolution bandwidth and This action will decrease redundancy in designator for a composite system, we Bref is the emissions mask reference our rules and ensure that future changes will use the aggregate necessary bandwidth in the rule. Finally, we note to GSO protection requirements are bandwidth of the system, which is that the analog FM emission mask does consistent across affected services. In comprised of the analog necessary not specify a mask reference bandwidth, this connection, we have updated the bandwidth, any band between the which, in conjunction with the frequencies listed in § 101.145(b) and (c) analog and digital signals, and the measurement resolution bandwidth, to encompass the BAS and CARS bands digital necessary bandwidth. The could be used to calculate the subject to RF radiation limits directed emission designator will also use the correction. However, it is the policy of towards satellites. We note that this will appropriate emission type, such as F9F the Commission’s Laboratory Division, result in the addition of the frequency

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12747

band 6875–7075 MHz to § 101.145(b) protection standards for stations. The Use of the 13.150–13.2125 GHz Band by and the frequency band 12.75–13.25 NPRM discussed the importance of BAS and CARS Pickup Stations GHz to § 101.145(c). We are removing uniform frequency coordination 23. As proposed in the NPRM, we are § 78.105(a)(4), which restricts CARS procedures and standards to simplify updating § 74.602(a) Note 2 to antenna orientation to prevent coordination in shared bands and implement, in accordance with the interference to GSO satellites in the minimize the potential of stations NGSO Order, 66 FR 7606, January 24, 12.70–12.75 GHz band, as these causing interference. In this regard, the 2001, expansions in mobile TV BAS and protections are redundant with those procedures in part 101 have served the CARS pickup stations’ use of the 13.15– afforded by § 78.106(b) for the larger FS well in the past, providing a firm and 13.2125 GHz band and the exclusion of 12.70–13.25 GHz band. uniform, yet adaptable, basis for NGSO FSS from that band. We note that engineering systems without harmful Frequency Coordination the recent Optel Order 67 FR 43257, interference, while maximizing June 27, 2002, has rendered BAS pickup 19. We adopted frequency frequency re-use. Thus, we believe that stations primary, and CARS stations, coordination procedures for all TV and these same procedures will similarly secondary to BAS pickup stations, in aural BAS and CARS frequency bands. benefit BAS and CARS. We note that the 13.20–13.25 GHz band, and we have The rules adopted in the R&O will these criteria are consistent with those updated § 74.602(a), Note 2, to reflect require all fixed stations, except for already in effect for all BAS and CARS this status in the 13.20–13.2125 sub- those in the 1990–2110 MHz band, to operations in the 12.7–13.25 GHz band band. Consistent with these actions, we use the frequency coordination Therefore, we have adopted § 101.105 have also updated § 78.18(1) with procedures of § 101.103(d). For mobile interference criteria for use where respect to CARS, and footnote NG53 to BAS and CARS, we will maintain the § 101.103(d) frequency coordination use of § 101.103(d) procedures in those procedures apply to BAS and CARS. the Table of Frequency Allocations in bands where it is currently required § 2.106. Further, we are grandfathering (i.e., 6425–6525 MHz and 17.7–19.7 Frequency Tolerance at their current status all fixed stations GHz) and flexibly permit use of 22. We have eliminated separate licensed in the 13.15–13.2125 GHz band § 101.103(d) or local coordination frequency tolerance requirements for prior to the effective date of the rules in procedures for the 2450–2483.5 MHz, base and mobile operations, and the Report and Order. 6875–7125 MHz, and 12,700–13,250 adopted a frequency tolerance of Use of the 31.0–31.3 GHz and 38.6–40.0 MHz bands. For all other mobile BAS 0.001% for fixed and mobile TV BAS GHz Bands by the BAS and CARS and CARS stations, we will continue to equipment operating in the 2450–2483.5 allow mobile stations to coordinate MHz band. We found that having 24. We adopted the proposals in the locally. In the 1990–2110 MHz band, we consistent frequency tolerance NPRM to eliminate references to the will maintain the current system which requirements for both fixed and mobile 31.0–31.3 GHz and 38.6–40.0 GHz allows for local coordination of all transmitters will simplify frequency bands from BAS and CARS technical stations. The rules will be applied coordination and improve spectrum rules, and to grandfather BAS uniformly across the United States for efficiency. Similarly, by adopting a incumbents in the 38.6–40.0 GHz band. both urban and rural environments. frequency tolerance requirement, we We note that the incumbent BAS 20. For the 1990–2110 MHz band, we will ensure that spectrally efficient licensees remain bound by the will continue to maintain procedures equipment is used and, for example, in operational parameters specified on which allow for local frequency the 2450–2483.5 MHz band, that the their current authorizations. We also coordination for all stations ‘‘ fixed and potential for adjacent channel clarify that, as stated in footnote US291 mobile. In this band, we deviate from interference is reduced. In that regard, to the Table of Frequency Allocations, the policy articulated above for fixed to accommodate existing product lines mobile BAS facilities in the 38.6–40.0 stations based on unique circumstances in the 2450–2483.5 MHz band such as GHz band operate on a secondary basis of this band. Specifically, it is used those of MRC, we will delay the with respect to stations operating in predominantly by mobile TV pickup effective date of the 0.001% tolerance in accordance with the Table of Frequency stations, but also supports some fixed that band for two years. We found that Allocations, which include Winstar’s links and it is currently transitioning to this will accommodate MRC’s existing operations under part 101. In this accommodate MSS in the 1990–2025 product line, and strikes a balance connection, consistent with our actions MHz portion of the band. Because each between the benefits of spectrum removing references to the 38.6–40.0 area of the United States may transition efficiency afforded by a tighter tolerance GHz band from part 74, we are removing to MSS at different times, local and the indefinite accommodation Auxiliary Broadcasting from that band frequency coordinators may be in the sought by MRC for non-compliant in the Table of Frequency Allocations. best position to accommodate requests product lines. Thus, we will grandfather We are also removing footnote US291 to local operating conditions. We have existing equipment and equipment of from the Federal Government and Non- adopted changes to §§ 74.638 and 78.36 current production lines exceeding the Federal Government columns of the which supplement local frequency new 0.001% tolerance in the 2450– table and replacing it with footnote coordination procedures for fixed 2483.5 MHz band and authorized, via NG175 in the Non-Federal Government systems to require the submission of a certification or verification, up to two column only, revised to show that the certification attesting that all co-channel years after the adoption of the Report band is no longer available for BAS, and and adjacent-channel licensees and and Order, and stations authorized to that incumbent mobile BAS operations applicants potentially affected by the use such equipment pursuant to an licensed as of the effective date of the proposed fixed use of the frequencies application filed up to two years after rules in the Report and Order are have been notified and are in agreement the adoption of the Report and Order. grandfathered and may continue to that the proposed facilities can be However, any such non-conforming operate indefinitely on a secondary installed without causing harmful equipment replaced on or after two basis with respect to part 101 licensees. interference to other users. years after the adoption of the Report We are revising § 2.106, Table of 21. An additional issue related to and Order must be replaced by Frequency Allocations, and part 74 of frequency coordination involves conforming equipment. our rules.

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12748 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

BAS Service Rules (Part 74) adjacent channel CARS licensees. This channels 52–69 will be grandfathered rule section provides broadcasters with under the terms of their current Temporary Conditional Authority flexibility to respond to short term authorization until the end of the DTV 25. The Commission proposed in the situations that occur outside of a transition or until new primary NPRM to allow BAS applicants who station’s normal operating area without licensees require the removal of such apply for new or modified stations to coming to the Commission with operations. Finally, we will permit operate under temporary conditional requests for STA. However, the same future licensing of TV translator relay authority after an application has been flexibility is not afforded to broadcast stations on all UHF–TV channels 52–69 properly filed with the Commission. network entities, cable network entities, through the end of the DTV transition as This type of operating authority is or LPTV stations, even though these long as harmful interference is not permitted in other coordinated services, entities are eligible to hold BAS caused to new primary services. such as those authorized under parts 90 licenses. To promote consistent 29. We decline to adopt any and 101 and Remote Pickup BAS. The treatment of licensees with similar additional restrictions or review Commission proposed to make such operations, we adopted our proposal to procedures which would unnecessarily temporary conditional authority subject extend the short-term operation rules to burden licensees or the licensing to the following conditions: broadcast network entities, cable process. We will however make a slight • The applicant must be eligible to network entities, and LPTV stations. wording change to § 74.602(h)(1) to operate the particular class of broadcast This action will simplify the process for clarify that if any of the specified auxiliary station. these entities when it is necessary to parameters are exceeded, an engineering • The station must be operating in provide coverage of events outside of its analysis must accompany the conformance with the rules for that normal coverage area. In addition, our application. We also point out that particular class of station and in proposal to codify rules and procedures stations licensed under § 74.602(h) are accordance with the terms of the for designating a coordinator for major secondary and regardless of their frequency coordination. special events was supported by operating parameters, must protect all • The application does not propose commenters and is adopted as proposed primary stations using the UHF–TV operation in an area that requires with one clarification; we will specify in spectrum, including land mobile international coordination. § 74.24(g)(2)(i) that the initial request for stations. • The application does not request a such designation be made in writing. TV BAS Sound Channels waiver of the Commission’s rules. Such designations will be made by • The proposed station will not public notice which will include all 30. In the NPRM, the Commission significantly affect the environment as necessary contact information. We will stated that its understanding of current defined in part 1, subpart I of the maintain the current limitation of 720 industry practice is for broadcasters to Commission’s rules. hours per year per frequency for short- use multiplexing techniques, rather than • The antenna structure either has a term operation. separate sound channels, to transmit the FCC Registration Number or is 27. Extending this rule to cover aural portion and video portion of their determined to not need one. additional entities raises questions programming over a single TV BAS • The proposed station affords regarding compliance with the various channel. Therefore, the Commission protection to radio ‘‘quiet’’ zones and station identification rules. Therefore, proposed to eliminate § 74.603(b). monitoring stations. because broadcast network and cable Additionally, the Commission proposed The Commission also proposed to network entities do not have individual to eliminate the corresponding allow temporary conditional authority station call signs for identification provision of § 74.502(b) that provides for low power auxiliary stations purpose, we will require them to use TV BAS licensees’ authorization to use authorized under part 74, subpart H. To their network or cable entity name along the aural BAS channels. The effectuate these changes, the with their base of operations city for Commission also sought comment on Commission proposed to remove compliance with the station whether it should remove § 74.603(c), § 74.431(g) and to adopt new § 74.25 to identification rules. Using such a which provides grandfathering rights so allow temporary conditional scheme will make it easy to identify the that TV BAS stations could continue authorizations for all broadcast auxiliary proper point of contact should a operating aural STL or relay stations services. We find that providing BAS problem arise. that were in service prior to July 10, applicants with the ability to operate 1970. SBE, the only commenter on this Use of UHF–TV Channels for TV STLs under temporary conditional authority issue, confirms the Commission’s and TV Relay Stations is appropriate. We are removing understanding of current industry § 74.431(g) and adopting a new § 74.25 28. We adopt, with some practice and concurs with the proposals. to allow temporary conditional modification, our proposals with respect Accordingly, we adopted the proposals authorizations for all broadcast auxiliary to the future use of UHF–TV channels to eliminate §§ 74.603(b), 74.502(b), and services. by TV STLs, TV relay stations, and TV 74.603(c). translator relay stations. We will permit Short Term Operation these stations to obtain authorizations Remote Pickup Broadcast Auxiliary 26. Section 74.24 provides broadcast without submitting an engineering Frequency Assignment licensees regulated under part 73 of our analysis so long as they meet the 31. The Commission amends the rules (i.e., AM, FM, and TV broadcast specified technical parameters— channel plan for 150 MHz and 160 MHz stations, including Class A stations) maximum EIRP of 35 dBW, maximum Remote Pickup stations to list channels with the authority to operate a broadcast transmitting antenna beamwidth of 25 every 7.5 kilohertz and allow licensees auxiliary station on a short-term degrees, and use of vertical polarization. to stack up to four channels for a total secondary basis, for up to 720 hours per In addition, we will limit future of 30 megahertz. In addition, we will year, without prior authorization from licensing, beginning as of the effective modify the Group N1 and N2 450 MHz the Commission, subject to providing date of the rules of the Report and channels to list channels every 6.25 notification to the local frequency Order, of TV STLs and TV relay stations kilohertz and allow licensees to stack up coordinator, and to co-channel and to channels 14–51; current stations on to eight channels for a total of 50

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12749

megahertz. We will also modify the the rules to implement the extension for Many of these changes, such as Group P channels to list them every 6.25 Non-Government systems on the 166.25 updating application form numbers, are kHz and allow licensees to stack up to MHz and 170.15 MHz frequencies as ministerial in nature. two channels. Further, we will require well. Stations applied for after the Applications Procedures and new Remote Pickup station equipment effective date of the rules in the Report Construction Periods designed to operate on channels 30 and Order must comply with the 12.5 kilohertz wide or less to comply with kilohertz channel bandwidth 37. We have adopted the proposals the part 90 technical standards, requirement. Rather than placing these from the NPRM regarding applications including emission mask, frequency requirements in footnote US11 as and STA filing procedures. We are tolerance, and transient frequency proposed, we will instead amend amending §§ 1.901 and 1.902 to behavior. By harmonizing all RPU § 74.462. This action is appropriate as it reference part 74 and are adding a new channels and equipment with the Part consolidates all Remote Pickup BAS § 74.6 to reference BAS applicants and 90 PLMR channel plan, licensees will service rules in one place. licensees to the application and benefit from economies of scale 34. With respect to Remote Pickup processing rules in part 1, subpart F. resulting from the use of equipment BAS base stations operating as an These changes will simplify our rules consistent with part 90 operations. integral part of the EAS, we are adopting and result in processing efficiencies for Additionally, this will simplify station a procedure recommended by NTIA to BAS licensing. We observe that specific coordination and reduce the potential ensure that such stations will be changes to the ULS system, including for harmful interference. protected Under this procedure NTIA forms, affect multiple services. Thus, we 32. To ease the transition to this new will place a notation in the Government lack adequate notice to all potentially channel plan, we adopted our proposal Master Frequency (GMF) database affected services and we therefore to provide a three-year period for licensing record of these stations which decline to adopt changes to Form 601. licensees operating on the channels will require Government stations to We note that no commenter opposed the adopted in 1984 to modify their licenses protect them from harmful interference. proposal with respect to STAs. to the new channels. After three years, Thus, there is no need to amend Therefore, we are also adopting the they may remain on their current footnote US11. proposals amending part 74 to require channel assignments, but on a that BAS STA requests follow the 950 MHz Aural BAS Channel Splits secondary, non-interference basis. procedures outlined in § 1.931. We Consistent with our action for the N1 35. The Report and Order in MM clarify that electronic filing is not and N2 channels we will also provide Docket 85–36, 50 FR 48596, November required for STAs; they may be filed three years to licensees operating on the 26, 1985, specified that the 950 MHz either electronically or manually. 10 kilohertz P channels to modify their Aural BAS Channel Plan listed in 38. We have also adopted the licensees to the new channel plan. After § 74.502(b) would become effective proposed rule amendments to remove that time they may remain on their upon a future Order from the the construction requirements for BAS current channel assignment but on a Commission to be issued when the stations from part 73 and place them in secondary basis. This will provide for a licensing system was capable of a new § 74.34. This approach will smooth transition to the new channels accommodating this channel plan. With promote timely construction of where incumbent operations will not the implementation of ULS for facilities, ensure consistent construction inhibit the growth of systems on the licensing, we are implementing that rule requirements among the services, and new frequency plan. section with this Report and Order. prevent warehousing of spectrum. We note that the rules already require Universal Licensing System and BAS Federal Narrowbanding of 162–174 MHz licensees to file a notification of Band Land Mobile Frequencies 36. The Universal Licensing System completion of construction. Failure to 33. In accordance with the comments (ULS) is an automated licensing system file such a notification results in the of SBE and our proposal, we amended and integrated database designed to termination of the license by the the rules to require that existing and provide greater efficiency in the Commission. applied for Remote Pickup BAS licensing process by using a facilities on 166.25 MHz and 170.15 consolidated set of application forms, Classification of Filings as Major or MHz use no more than 12.5 kilohertz automating many license review Minor channel bandwidth by January 1, 2005. processes, and facilitating electronic 39. The Commission proposed to This will apply to all stations on these application filing and data retrieval. The amend the part 74 rules to adhere to the frequencies that obtained licenses or ULS Report and Order, 63 FR 68904, procedures adopted in the ULS applied for licenses on or before the December 14, 1998, consolidated the proceeding for major and minor effective date of the rules in this Report application and processing rules for all amendments and modifications; i.e., and Order. This approach will ensure wireless services into Subpart F of Part amendments to aural and TV BAS that existing licensed stations and 1, now the only rule section that applications and modifications to aural applicants who are planning stations on wireless applicants and licensees, and TV BAS licenses would be these frequencies have adequate time to including BAS applicants and licensees, evaluated based on the rules defining a transition to narrowband equipment. To must consult regarding application major change in §§ 1.929(a) and further ease this transition, we will not procedures, such those as for 1.929(d), and Remote Pickup BAS require licensees to modify their amendments, modifications, and STAs. applications would follow the rules set licenses. Instead, the Commission will The Commission’s WTB, which is forth in §§ 1.929(a) and 1.929(c)(4). In automatically issue a superseded responsible for licensing BAS, began many cases, the rules adopted in the license, effective January 1, 2005, using ULS for Aural and TV BAS ULS Report and Order, 63 FR 68904, showing the reduction in authorized licensing in August, 1999 and for December 14, 1998, provide more bandwidth. Additionally, in the event Remote Pickup BAS in September, flexibility than is afforded BAS that the January 1, 2005 deadline for 2000. As a result, several BAS service licensees under part 74. For example, Federal Government systems is rules require updating to reflect new §§ 74.551 and 74.651 require aural and extended, we will consider amending ULS application processing procedures. TV BAS licensees to file an application

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12750 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

and obtain Commission approval for adopted our proposal and updated the be licensed prior to operating. Such any change in which the location of the emission designators of § 74.462. licenses will be obtained through the transmitting antenna changes, but ULS using FCC Form 601. In addition, AMPTP Petition § 1.929(d)(1)(i) classifies changes in consistent with our licensing of other transmitting antenna location that are 5 43. Video assist devices produce low low power auxiliary devices, WAVD seconds or less in latitude and/or resolution images that can be used by a licenses will normally be issued for a longitude as minor. The proposal made production crew to make decisions with period of eight years and, for those held in the NPRM would implement rule respect to content, lighting, and image by a broadcast station, run concurrently changes that treat BAS applicants in a framing. Often, these video assist with the license term of that station. For consistent manner with the treatment devices are connected via cable. other license holders, the expiration given other wireless services. However, cable is not always practical date will be determined by the area of 40. We have adopted our proposals to due to the distance from the camera to the country in which the station amend the part 74 rules so that BAS the video monitor or because the camera operates. applicants and licensees are subject to needs to be mobile to follow the action. 47. We address the request of AMPTP the same rules as specified for the land To improve their utility and increase to allow third party contractors to obtain mobile and microwave services for safety, the Commission, based on a WAVD licenses. AMPTP states that determining major and minor petition filed by AMPTP on November third party contractors may wish to application and license changes. This 15, 1999, RM–9856, proposed to allow operate and/or rent WAVDs to studios. action will align Remote Pickup BAS the use of wireless assist video devices We will not expand the eligibility for processing rules with those for similar (WAVDs) on a secondary, non- WAVD licenses to entities beyond those services under part 90 and align the interference basis on unused TV proposed. We stress that this does not rules for TV and aural BAS with the channels in the upper VHF and the UHF preclude the operation of WAVDs by rules for part 101. Thus, similar stations bands. third party contractors. A party under will be treated in a consistent manner. contract to a television or motion Authorization of WAVDs 41. We note that changes in picture producer may rent equipment emissions, such as a conversion from 44. We have adopted our proposal to and even operate it for the producer. analog to digital modulation or to allow the use of WAVDs on a secondary, However, such operation would be composite analog/digital modulation, non-interference basis on vacant upper under the authority of the producer’s are already classified as major changes VHF–TV and UHF–TV channels. In the license. This arrangement is consistent under the rules in §§ 1.929(c)(4)(ii) and NPRM, we proposed to authorize with rules in other services where (d)(1)(iv), and frequency coordination WAVDs as low power auxiliary stations entities are able to operate equipment would be required when a major change under part 74, subpart H. We believe under the authority of another entity’s is requested. With regard to location that this is the appropriate subpart in license. Based on our experience, we changes of less than 5 seconds in which to place WAVDs due to their believe that this arrangement best latitude and/or longitude, we note that similarity to existing low power promotes accountability and the Commission in the ULS auxiliary devices, rather than the compliance with our rules. Reconsideration Order, 66 FR 53231, Remote Pickup BAS rules. If after October 1, 1999, clarified that such gaining experience with WAVDs, we Authorized Frequencies minor changes are not exempt from the determine that communications on 48. In light of the lack of comments coordination requirement. The television channels needs to be on this issue, we have adopted our Commission explained that an applicant prioritized, we can revisit this issue. proposals regarding authorized requesting a minor change must still frequencies as proposed in the NPRM. Eligibility, Permitted Use, and Licensing coordinate as required by Accordingly, WAVDs may operate on of WAVDs § 101.103(d)(2)(ix) prior to unused television broadcast frequencies implementing the change and that this 45. As proposed in the NPRM, we in the 180–210 MHz, 470–608 MHz and process is sufficient to ensure that have adopted our proposal to permit all 614–698 MHz bands. As proposed, we minor changes are properly coordinated entities eligible to hold part 74 licenses will not allow WAVDs to operate in the to avoid harmful interference, without to use WAVDs. This includes television 174–180 MHz and 210–216 MHz bands imposing an unnecessary filing burden and motion picture producers. We have (TV channels 7 and 13), in order to on applicants. We find that this also adopted our proposal to restrict the protect the Low Power Radio Service procedure will work equally well for use of WAVDs from use at live events (LPRS), which supports auditory part 74 services. or for ENG operations. We clarify that assistance devices and health care aids WAVDs may be used to produce cable, that operate pursuant to part 95 and Emission Designators satellite, and motion picture events for other low power devices operating 42. Section 74.462 of the later showing on television (through free under § 90.265 of our rules. In addition, Commission’s rules specifies authorized over the air TV, cable TV systems, and this channel restriction will protect emissions for Remote Pickup BAS satellite TV systems) or in theaters, but from interference the Navy’s SPASUR frequencies and frequency bands. In the may not be used in the production of radar system, which operates in the NPRM, the Commission observed that live events. Similarly, we have adopted 216.88–217.08 MHz band. We find that this section contains emission our proposal that WAVDs be excluded given the amount of spectrum we are designators that no longer conform to from operating under the short-term authorizing for WAVDs, these current ITU specifications or to those operation rule. This will ensure that restrictions will have minimal impact contained in subpart C of part 2 of the WAVDs are properly coordinated and on their ability to identify spectrum on Commission’s rules in the NPRM the television stations, notified, to ensure which to operate. Commission proposed to update that the potential of these devices to 49. We adopt the proposal to exclude § 74.462 to replace all outdated interfere with television broadcasts is WAVDs from using land mobile radio emission designators with emission minimized. channels in the 470–512 MHz band (TV designators that conform to ITU 46. We have also adopted our channels 14–20) in areas around the specifications and part 2 rules. We have proposal to require that WAVD stations coordinates listed in § 90.303 because

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12751

nomadic WAVDs could not likely share the NPRM, the band 482–488 MHz (TV shore. Finally, WAVDs will be excluded spectrum with land mobile operations. channel 16) will also be excluded from from the band 488–494 MHz (TV We also adopt the proposal to require WAVD use in the New York City area channel 17) in areas near Hawaii to WAVDs to maintain at least 6 megahertz to protect New York City public safety protect common carrier control and frequency separation from such land entities which are using that spectrum repeater stations for point-to-point inter- mobile channels when operating within under a waiver. Similarly, the band island communications. these areas. This frequency and 476–494 MHz (TV channels 15–17) will geographic separation is necessary to be excluded from WAVD in areas near 50. The frequencies on which we will protect public safety land mobile use, the Gulf of Mexico to protect the PLMRS exclude WAVD use are summarized in which in the 470–512 MHz private land and communication links in the ORS the following table. We reiterate that mobile bands could occur on any of the under part 22 of our rules. these exclusions will not prevent channels allocated in a given area. Communications with mobile stations WAVDs from operating on channels Therefore, all TV channels listed in under these rules are generally limited listed in the table when WAVDs are a § 90.303 are excluded from WAVD use to stations within the Gulf (e.g., stations sufficient distance from the cities listed at the locations listed. As discussed in on boats or aircraft) or to stations on the in the following table.

Excluded frequencies Excluded Area (MHz) channels

Boston, MA ...... 470–494 ...... 14–17 Chicago, IL ...... 470–488 ...... 14–16 Cleveland, OH (WAVDs may operate until further order from the Commission) ...... 470–494 ...... 14–17 Dallas/Fort Worth, TX ...... 476–494 ...... 15–17 Detroit, MI (WAVDs may operate until further order from the Commission) ...... 470–494 ...... 14–17 Hawaii ...... 488–494 ...... 17 Houston, TX ...... 482–500 ...... 16–18 Los Angeles, CA ...... 470–494, 500–518 ...... 14–17, 19–21 Miami, Fl ...... 470–482 ...... 14–15 New York/ N.E. New Jersey ...... 470–494 ...... 14–17 Philadelphia, PA ...... 494–518 ...... 18–21 Pittsburgh, PA ...... 470–482, 488–506 ...... 14–15, 17–19 San Francisco/Oakland, CA ...... 476–500 ...... 15–18 Washington DC/MD/VA ...... 482–506 ...... 16–19

51. Finally, as proposed in the NPRM, channel (i.e., WAVD transmissions may the ERP limit of 250 mW, the bandwidth we will exclude WAVDs from operating not overlap the TV channel edge); (4) to limit of 6 megahertz on a single TV in the 608–614 MHz band (TV channel use the same emission limitations being channel, the requirement to meet the 37) to protect radio astronomy proposed for other TV BAS transmitters same emissions limitations as other part operations in that band. This exclusion in this proceeding; (5) to authorize 74 transmitters, part 2 certification is consistent with the Table of WAVD transmitters under the procedures for WAVD transmitters, the Allocations in part 2 of our rules, which certification procedures of part 2 of our proposed separation distances from TV specifies that no stations will be rules; (6) to require WAVDs to maintain and land mobile stations, the authorized to transmit in that band. We a 129 km separation distance from TV requirement that WAVD licensees also note we have recently authorized broadcasting stations operating on the follow the station identification the use of medical telemetry in the 608– same frequency and a 200 km separation requirements of § 74.882; and the 614 MHz band, and this exclusion will distance from cities where land mobile requirement that manufacturers include also protect those operations. Finally, operations are authorized; (7) to require certain information in their product WAVDs will not be allowed to use WAVD operators to achieve prior literature. channels above 698 MHz (channel 51) notification, rather than coordination, 54. With respect to the antenna issue in the UHF–TV band due to a recent with the local broadcast coordinator or raised by commenters, we agree with spectrum reallocation of those channels any adjacent channel TV station within SBE that the use of unintended antennas to uses other than broadcasting. We find 161 km of each intended WAVD should be avoided because they could that these exclusions are justified to operation at least 10 business days in increase the interference potential. We protect existing operations in these advance of operation; (8) that WAVD also agree with AMPTP that a bands. licensees be subject to the station permanently attached antenna may identification requirements of § 74.882; result in increased repair costs. We Technical and Operational and (9) that manufacturers include believe that a reasonable compromise Requirements certain information in the product between these positions exists. We note 52. The NPRM proposed conservative literature that is included with WAVDs that our part 15 rules contain a technical and operational requirements to indicate the requirements for using provision allowing either permanently to allow WAVDs to operate without these devices. attached antennas or devices with harming other operations. Specifically, 53. The various technical and unique couplings to permit antennas to the NPRM proposed: (1) To limit the operational requirement proposals for be more easily repaired. This has ERP of WAVDs to 250 milliwatts (mW); WAVDs set forth in the NPRM were worked well in the preventing (2) to require that the transmitting designed to protect other users of the TV unintended antennas from being devices use a permanently attached bands without unnecessarily hindering attached to low power unlicensed antenna; (3) to allow WAVDs WAVD operations. Most of these were devices and we believe a similar bandwidths of up to 6 megahertz, unopposed, and we will adopt them as requirement would work here. limited to transmitting on a single TV proposed. Specifically, we have adopted Accordingly, we have adopted a

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12752 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

requirement that WAVDs contain a Commission sought written public issues raised in the IRFA. No parties permanently attached antenna or comment on the proposals in the Notice, filed comments directly in response to contain a unique connector that allows including comment on the IRFA. The the IRFA. However, commenters made for easy antenna repair while preventing comments received are discussed recommendations regarding channel the use of unauthorized antennas. further. This present Final Regulatory splitting, and the Commission, in 55. We believe that notification is Flexibility Analysis (FRFA) conforms to response, is overlaying narrowband more appropriate than full coordination the RFA.3 channels in various bands and is for WAVDs. We take this position based authorizing an effective date for channel (A) Need for and Objective of the Report on the low ERP, limited range, and non- splitting in the 950 MHz aural BAS and Order interference status of WAVDs. In band. addition, because WAVDs may be used 57. The Report and Order updates the at multiple locations in support of a Broadcast Auxiliary Service (BAS) rules (C) Description and Estimate of the production, notification will be less in part 74 and will permit increased Number of Entities Affected to Which burdensome than coordination for both compatibility between Broadcast Rules Will Apply the WAVD licensee and the coordinator Auxiliary Services, the Cable Television 59. The RFA directs agencies to while still providing adequate Relay Service (CARS), and Fixed provide a description of and, where protection to broadcast transmissions. In Service Microwave (FS) systems feasible, an estimate of the number of this connection, have adopted our operating on shared spectrum. small entities that may be affected by proposal to consider the absence of a Specifically, we permit TV and aural the action taken.4 The RFA generally response from a coordinator after ten BAS stations to use any available digital defines the term ‘‘small entity’’ as business days have passed as an modulation technique in all BAS having the same meaning as the terms approval. Once the WAVD operator has frequency bands so that BAS stations ‘‘small business,’’ ‘‘small organization,’’ made reasonable attempts to notify the can take advantage of the latest and ‘‘small governmental jurisdiction.’’ 5 BAS coordinator or appropriate TV developments in technology and make In addition, the term ‘‘small business’’ stations, we find that failure of these smooth the transition to digital TV and has the same meaning as the term entities to respond to the WAVD digital radio; update BAS emission ‘‘small business concern’’ under the operator approval is an insufficient masks to facilitate the introduction of Small Business Act.6 A small business basis to delay use of WAVDs. We find digital equipment and to provide concern is one that: (1) Is independently that this approach strikes a reasonable consistency with emission masks used owned and operated; (2) is not balance between the requirements of in part 101 of the rules; modify the dominant in its field of operation; and producers and the needs of the equation used by BAS and CARS (3) satisfies any additional criteria coordinator to study notifications and services for determining the maximum established by the Small Business respond to operators as necessary. We effective isotropic radiated power (EIRP) Administration (SBA).7 A small will require WAVD licensees to notify, for short path lengths (this change organization is generally ‘‘any not-for- for informational purposes only, nearby eliminates the steep reduction in EIRP profit enterprise which is independently co-channel and adjacent channel TV for BAS and CARS path lengths shorter owned and operated and is not stations (i.e., those stations within 161 than the minimum); allow BAS and dominant in its field.’’ 8 Nationwide, as km of the WAVD location). As stated, CARS stations to use automatic transmit of 1992, there were approximately this will be informational only and power control (ATPC) in order to 275,801 small organizations.9 Finally, television stations will not be able to facilitate more efficient spectrum use; ‘‘small governmental jurisdiction’’ prevent a WAVD from operating. update transmitter power rules for BAS generally means ‘‘governments of cities, However, this informational notification and CARS services to provide EIRP counties, towns, townships, villages, may help identify the source of limits for all frequency bands; require school districts, or special districts, with interference if any is experienced after TV BAS and CARS services to prior a population of less than 50,000.’’ 10 As a WAVD begins operating. We have coordinate their frequency use when of 1992, there were approximately adopted all other aspects of the using shared frequency bands to 85,006 such jurisdictions in the United notification proposal as proposed in the minimize the potential for harmful States.11 This number includes 38,978 NPRM. interference occurring when a new counties, cities, and towns; of these, station begins transmitting. We also 37,566, or 96 percent, have populations Final Regulatory Flexibility Analysis permit ‘‘wireless assist video devices’’ 56. As required by the Regulatory to operate on certain VHF and UHF TV 4 5 U.S.C. 603(b)(3). Flexibility Act of 1980, as amended spectrum, thereby increasing spectrum 5 Id., 601(6). (RFA),1 an Initial Regulatory Flexibility efficiency and promoting equipment, 6 5 U.S.C. 601(3) (incorporating by reference the Analysis (IRFA) was incorporated in the which will increase safety at production definition of ‘‘small business concern’’ in 15 U.S.C. sites as well as lower film and television 632). Pursuant to the RFA, the statutory definition Notice of Propose Ruled Making, of a small business applies ‘‘unless an agency, after Revisions to Broadcast Auxiliary Service production costs. In addition, we update consultation with the Office of Advocacy of the Rules in Part 74 and Conforming many other BAS rules and make minor Small Business Administration and after Technical Rules for Broadcast Auxiliary rule changes to clarify or fix opportunity for public comment, establishes one or typographical errors in the existing more definitions of such term which are Service, Cable Television Relay Service appropriate to the activities of the agency and and Fixed Services in Parts 74, 78 and rules. publishes such definition(s) in the Federal 2 101 of the Commission’s Rules. The (B) Summary of Significant Issues Register.’’ 5 U.S.C. 601(3). 7 Small Business Act, 15 U.S.C. 632. Raised by Public Comments in Response 1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– 8 5 U.S.C. 601(4). 612, has been amended by the Small Business to the IRFA 9 1992 Economic Census, U.S. Bureau of the Regulatory Enforcement Fairness Act of 1996 58. In the Notice, the Commission Census, Table 6 (special tabulation of data under (SBREFA), Public Law 104–121, Title II, 110 Stat. performed an IRFA and asked for contract to Office of Advocacy of the U.S. Small 857 (1996). Business Administration). 2 See Notice of Proposed Rule Making, ET Docket comments that specifically addressed 10 5 U.S.C. 601(5). No. 01–75, 16 FCC Rcd 10556, 10601 (2001), 66 FR 11 U.S. Dept. of Commerce, Bureau of the Census, 28686, May 24, 2001. 3 See 5 U.S.C. 604. ‘‘1992 Census of Governments.’’

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12753

of fewer than 50,000.12 The United of $5 million to $9,999,999.00.18 Thus, cases, these changes streamline the States Bureau of the Census (Census under this standard, the great majority existing licensing process or provide Bureau) estimates that this ratio is of firms can be considered small. additional flexibility to licensees and approximately accurate for all Cable Antenna Relay Service (CARS) applicants. Many of the proposed governmental entities. Thus, of the includes transmitters generally used to changes are related to the use of the 85,006 governmental entities, we relay cable programming within cable Universal Licensing System (ULS) by estimate that 81,600 (91 percent) are television system distribution systems. BAS applicants and licensees. small entities. The SBA has developed a small Applicants for BAS stations must apply 60. The rules adopted in the Report business size standard for Cable and through the Wireless and Order affect licensees of BAS other Program Distribution, which Telecommunications Bureau using the (Remote Pickup, aural, and television), consists of all such companies having ULS, which was adopted by Report and CARS, and fixed microwave services. annual receipts of no more than $12.5 Order in 1998. To comply with this Additionally, they affect manufacturers million.19 According to Census Bureau system, our decisions in the Report and of equipment that supports the BAS. data for 1997, there were 1,311 firms Order are consistent with the decisions within the industry category Cable and reached in that Report and Order. Broadcast Auxiliary Service (BAS) Other Program Distribution, total, that Accordingly, we have eliminated involves a variety of transmitters, operated for the entire year.20 Of this requests made by letter if there is a generally used to relay broadcast total, 1,180 firms had annual receipts of standard application form that can be programming to the public (through $9,999,999.00 or less, and an additional used instead, modified the rules translator and booster stations) or 52 firms had receipts of $10 million to defining major and minor changes to within the program distribution chain $24,999,999.00.21 Thus, under this those used for fixed microwave systems, (from a remote news gathering unit back standard, the majority of firms can be and eliminated the need to report to the stations). The Commission has considered small. transmitter output power and requiring not developed a definition of small Fixed Microwave Services (FS) includes that all stations comply with limits on entities specific to broadcast auxiliary common carrier, private-operational effective isotropic radiated power. We licensees. The U.S. Small Business fixed, and broadcast auxiliary radio also have changed the period of Administration (SBA) has developed services. Presently there are construction for a BAS station from the small business size standards, as approximately 22,015 common carrier currently used three years to eighteen follows: (1) For TV BAS, we will use the fixed licensees and 61,670 private months, consistent with the period used size standard for Television operational-fixed licensees and for fixed microwave stations. Broadcasting, which consists of all such broadcast auxiliary radio licensees in 64. Additionally, we have conformed companies having annual receipts of no the microwave services. The SBA has some of the rules that affect frequency more than $12.0 million;13 (2) For Aural developed a small business size bands that are shared among BAS BAS, we will use the size standard for standard for Cellular and other Wireless licensees (part 74), CARS licensees (part Radio Stations, which consists of all Telecommunications, which consists of 78), and fixed microwave licensees (part such companies having annual receipts all such companies having 1,500 or 101). Specifically, we have updated the of no more than $6 million;14 (3) For fewer employees.22 According to Census rules that protect interference to Remote Pickup BAS we will use the Bureau data for 1997, there were 977 geostationary satellites from receiving small business size standard for firms in this category, total, that harmful interference from fixed stations Television Broadcasting when used by a operated for the entire year.23 Of this to those currently listed in the ITU TV station and that for Radio Stations total, 965 firms had employment of 999 International Radio Regulations. The when used by such a station. or fewer employees, and an additional effect of this update is to expand the 61. According to Census Bureau data 12 had employment of 1,000 employees number of frequency bands to which these rules apply. We also have adopted for 1997, there were 906 Television or more.24 Thus, under this standard, for BAS equipment, emission Broadcasting firms, total that operated virtually all firms can be considered limitations that are consistent with for the entire year.15 Of this total, 734 small. those already being used for fixed firms had annual receipts of (D) Description of Projected Reporting, microwave stations. We also are $9,999,999.00 or less and an additional Recordkeeping and Other Compliance generally requiring that all BAS 71 had receipts of $10 million to Requirements for Small Entities applicants for fixed stations operating $24,999,999.00.16 Thus, under this above 944 MHz comply with the same standard, the majority of firms can be 63. Under the rules adopted in the frequency coordination guidelines in considered small. Report and Order, there are changes to reporting, recordkeeping, and other place for fixed microwave stations. 62. According to Census Bureau data compliance requirements. In many 65. Further changes entail providing for 1997, there were 4,476 Radio technical guidelines for TV studio-to- Stations (firms), total, that operated for 18 Id. The census data do not provide a more transmitter links and TV relay stations 17 the entire year. Of this total 4,265 had precise estimate. that operate on UHF–TV channels. annual receipts of $4,999,999.00 or less, 19 Id. at NAICS code 513220. These guidelines have always been and an additional 103 firms had receipts 20 Id. at NAICS code 513220. imposed, but never codified. Also, with 21 Id. The census data do not provide a more respect to BAS Remote Pickup stations, precise estimate. 12 Id. we are altering their channel plan to be 22 13 CFR 121.201, NAICS code 513322. 13 consistent with the same channel 13 CFR 121.201, NAICS code 513120. 23 U.S. Census Bureau, 1997 Economic Census, 14 Id. at NAICS code 513112. Subject Series: Information, ‘‘Employment Size of spacing requirements as are used for 15 U.S. Census Bureau, 1997 Economic Census, Firms Subject to Federal Income Tax: 1997,’’ Table Private Land Mobile Radio stations in Subject Series: Information, ‘‘Receipts Size of Firms 5, NAICS code 513310 (issued Oct. 2000). part 90 of our rules. Finally, as noted, Subject to Federal Income Tax: 1997,’’ Table 4, 24 Id. The census data do not provide a more we have allowed a new type of device NAICS code 513120 (issued Oct. 2000). precise estimate of the number of firms that have 16 Id. The census data do not provide a more employment of 1,500 or fewer employees; the to operate on certain VHF and UHF TV precise estimate. largest category provided is ‘‘Firms with 1,000 channels, wireless assist video devices. 17 Id. At NAICS code 513112. employees or more.’’ These devices will follow the existing

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12754 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

service rules for Low Power Auxiliary entities in several ways. Applicants can on UHF–TV channels. This change Stations, with minor exceptions.25 submit applications to the Commission permits applicants to know the as soon as they have the necessary requirements they must meet before (E) Steps Taken To Minimize the information on-hand, and they receive applying for a license, thereby reducing Significant Economic Impact on Small instant feedback as to the correctness of the number or applications that must be Entities and Significant Alternatives that application because ULS will not returned by the Commission. Thus, Considered accept the application for filing unless small entities will benefit by having to 66. The RFA requires an agency to it is correct. If there are errors, ULS respond to returned applications less describe any significant alternatives that provided error messages so that the often. We have also altered the channel it has considered in reaching its application can be corrected and plan for Remote Pickup BAS to conform proposed approach, which may include resubmitted. Also, the system makes to the channel plan adopted for PLMR the following four alternatives (among extensive use of electronic processing, services. Unless the same technical others): (1) The establishment of so that many of the tasks that were done criteria are used for both services, differing compliance or reporting by hand are now one by computer. The different radios must be developed. requirements or timetables that take into overall effect is that applications are Thus, our rules change will benefit account the resources available to small processed faster and licenses are issued small entities by lowering equipment entities; (2) the clarification, sooner, thus allowing small entities to costs. Finally, we have permitted consolidation, or simplification of begin providing service in a more timely motion picture and television producers compliance or reporting requirements manner. to operate new wireless assist video under the rule for small entities; (3) the 69. We have also adopted rule devices on certain unused VHF and use of performance, rather than design, amendments that conform rules for UHF TV channels. This will benefit standards; and (4) an exemption from similar services that share spectrum. small entities by providing a more cost coverage of the rule, or any part thereof, These are TV BAS, CARS, and the fixed effective means for producers to monitor for small entities.26 microwave service. As a whole, these multiple camera angles when producing 67. We have reduced burdens amendments reduce burdens to small program material. wherever possible. Our rules regarding entities because many of these entities 71. The regulatory burdens we have the BAS would reduce burdens on small have licenses in each of these rule parts, retained, such as filing applications on entities. First, we have simplified and but must currently contend with appropriate forms, are necessary to expanded the opportunity for aural and different rules in each part. Thus, small ensure that the public receives the TV BAS licensees to use digital entities will benefit because they will, benefits of new and existing services in modulation techniques in all of their in many instances, be able to comply a prompt and efficient manner. We also allocated frequency bands. Currently, with a common set of rules for their considered revising the burden of they can use these techniques only in a systems, which operate in any of the frequency coordination for fixed BAS few bands and must file waiver requests named services. systems, but found that this alternative and requests for special temporary 70. Additionally, we have adopted would unnecessarily increase the authority (STA) to transmit digital many other rule changes that will potential of harmful interference. signals in other bands. Our rules benefit small entities. We are requiring However, under our frequency eliminate the need for these waivers and that fixed BAS systems prior coordinate coordination procedures, entities may STAs, thus saving businesses the time it their frequency use, which will ensure self coordinate rather than paying a takes to prepare these requests and their that systems operate in a manner that frequency coordinator. We will continue associated filing fees. Second, we have minimizes the potential of causing to examine alternatives in the future altered the equation used to determine interference. This protects the new with the objectives of eliminating the allowable EIRP for short path system from possibly being shut down unnecessary regulations and minimizing lengths. Under our new rules, there will due to causing interference and protects significant economic impact on small no longer be a large drop-off in the existing system from suffering a entities. allowable EIRP when the path length of service disruption from receiving (F) Report to Congress a fixed station is slightly shorter than interference. Both of these results will the minimum necessary for maximum benefit small entities operating in the 72. The Commission’s Consumer and power. The effect of this is to provide BAS service. Along with the frequency Governmental Affairs Bureau, Reference more flexibility in the way small entities coordination requirement, we have Information Center, will send a copy of design their systems. Because they will extended the ability to operate under the Report and Order, including this be able to use fewer sites, this has the temporary conditional authority to all FRFA, in a report to be sent to Congress effect of a reduction in the cost of a BAS frequency bands. This benefits pursuant to the Congressional Review system. Third, we have allowed small entities by allowing them to begin Act,27 In addition, the Commission will automatic transmit power control operating sooner. Further, we have send a copy of the Report and Order, (ATPC). ATPC benefits small entities by extended the reach of the short-term including this FRFA, to the Chief reducing outages to digital receivers and operation rule to all entities eligible for Counsel for Advocacy of the SBA. a BAS license. This benefits small expanding battery life. Both of these Ordering Clauses effects benefit small businesses by entities because many would not need making their systems more reliable. to obtain additional licenses from the 73. Pursuant to sections 1, 4(i), 302, 68. Many of our rule amendments and Commission to provide limited service 303(f) and (r), 332, and 337 of the their benefits stem from the use of the a few times a year in areas in which Communications Act of 1934, as ULS for application filing. This system, they do not traditionally operate. Such amended, 47 U.S.C. 1, 4(i), 154(i), 302, by providing for electronic filing on a change saves small entities the time 303(f) and (r), 332, 337, the Report and standardized forms, benefits small and money that they would otherwise Order and the rules specified are expend obtaining a license. Another Adopted. The rules set forth will 25 See Report and Order, paragraphs 153, 154 and change entails the Commission become effective April 16, 2003. 155, supra. establishing technical requirements for 26 5 U.S.C. 603(c). operating TV STLs or TV relay stations 27 See 5 U.S.C. 801(a)(1)(A).

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12755

74. Pursuant to 5 U.S.C. 553(d)(1) and Commission amends 47 CFR parts 1, 2, § 1.929 Classification of filings as major or 553(d)(3), the rules implementing digital 73, 74, 78 and 101 as follows: minor. modulation of BAS stations specified in * * * * * PART 1—PRACTICE AND the rules section, specifically §§ 74.535 (c) * * * and 74.637 of the Commission’s Rules, PROCEDURE (4) In the Private Land Mobile Radio 47 CFR 74.535 and 74.637, became Services (PLMRS), the remote pickup effective on October 30, 2002, adoption 1. The authority citation for part 1 broadcast auxiliary service, and GMRS date of the Report and Order. continues to read as follows: systems licensed to non-individuals: List of Subjects Authority: 47 U.S.C. 151, 154(i), 154(j) 155, 255, 303(r), 309 and 325(e). * * * * * 47 CFR Part 1 (d) In the microwave, aural broadcast 2. Section 1.901 is revised to read as Administrative practice and auxiliary, and television broadcast follows: procedure, Radio, Television. auxiliary services: * * * * * 47 CFR Part 2 § 1.901 Basis and purpose. Communications equipment, Radio. These rules are issued pursuant to the PART 2—FREQUENCY ALLOCATIONS Communications Act of 1934, as AND RADIO TREATY MATTERS; 47 CFR Part 73 amended, 47 U.S.C. 151 et seq. The GENERAL RULES AND REGULATIONS Communications equipment, Radio, purpose of these rules is to establish the Reporting and recordkeeping requirements and conditions under 5. The authority citation for part 2 requirements, Television. which entities may be licensed in the continues to read as follows: Wireless Radio Services as described in 47 CFR Part 74 Authority: 47 U.S.C. 154, 302a, 303, and this part and in parts 13, 20, 22, 24, 26, 336, unless otherwise noted. Communications equipment, Radio, 27, 74, 80, 87, 90, 95, 97 and 101 of this Reporting and recordkeeping chapter. 6. Amend § 2.106 as follows: requirements, Television. 3. Section 1.902 is revised to read as a. Revise pages 25, 26, 37, 38 and 76 47 CFR Part 78 follows: of the Table. Cable television, Communications § 1.902 Scope. b. In the list of United States equipment, Radio, Reporting and Footnotes, revise footnote US11 and recordkeeping requirements. In case of any conflict between the remove footnote US291. rules set forth in this subpart and the 47 CFR Part 101 c. In the list of non-Federal rules set forth in Parts 13, 20, 22, 24, 26, government footnotes, revise footnotes Communications equipment, Radio. 27, 74, 80, 87, 90, 95, 97, and 101 of title NG53 and NG115 and add footnote Federal Communications Commission. 47, chapter I of the Code of Federal NG175. Marlene H. Dortch, Regulations, the rules in part 1 shall govern. The additions and revisions read as Secretary. follows: 4. Section 1.929 is amended by Rule Changes revising the introductory text of § 2.106 Table of Frequency Allocations. For the reasons discussed in the paragraphs (c)(4) and (d) to read as * * * * * preamble, the Federal Communications follows: BILLING CODE 6712–01–P

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12756 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4725 E:\FR\FM\17MRR2.SGM 17MRR2 ER17MR03.000 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12757

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4725 E:\FR\FM\17MRR2.SGM 17MRR2 ER17MR03.001 12758 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4725 E:\FR\FM\17MRR2.SGM 17MRR2 ER17MR03.002 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12759

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4725 E:\FR\FM\17MRR2.SGM 17MRR2 ER17MR03.003 12760 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

BILLING CODE 6712–01–C

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 ER17MR03.004 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12761

* * * * * by the public safety radio services shall microphones and wireless assist video United States (US) Footnotes not be authorized except for locations devices may be authorized on a non- within 150 miles of New York City. interference basis, subject to the terms * * * * * * * * * * and conditions set forth in 47 CFR part US11 The use of the frequencies 74, subpart H. 166.25 and 170.15 MHz may be Non-Federal Government (NG) authorized to non-Federal Government Footnotes * * * * * remote pickup broadcast base and land * * * * * NG175 Television pickup stations in mobile stations and to non-Federal NG53 In the band 12.7–13.15 GHz, the mobile services authorized to use Government base, fixed and land mobile television pickup stations and CARS frequencies in the band 38.6–40.0 GHz stations in the public safety radio pickup stations shall be assigned on or before April 16, 2003, may services on the condition that harmful channels on a co-equal basis and shall continue to operate on a secondary basis interference shall not be caused to operate on a secondary basis to fixed to stations operating in accordance with present or future Federal Government stations operating in accordance with the Table of Frequency Allocations. stations in the band 162–174 MHz. the Table of Frequency Allocations. In * * * * * Authorization on these frequencies shall the band 13.15–13.20 GHz, television PART 73—RADIO BROADCAST be in the lower 48 contiguous States pickup stations and CARS pickup SERVICES only, except within the area bounded on stations shall be assigned channels on a primary co-equal basis within 50 the west by the Mississippi River, on the 7. The authority citation for part 73 ° ′ kilometers of the television markets north by the parallel of latitude 37 30 continues to read as follows: N., and on the east and south by that are defined in 47 CFR 76.53. In the band of the circle with center at Springfield, 13.20–13.2125 GHz, television pickup Authority: 47 U.S.C. 154, 303, 3334, and Illinois, and radius equal to the airline stations shall be assigned channels on a 336. distance between Springfield, Illinois, primary basis, and CARS fixed and 8. Section 73.3500 is amended by and Montgomery, Alabama, subtended pickup stations shall operate on a removing the entries for Forms 313 and between the foregoing west and north secondary basis to television broadcast 313–R from the table in paragraph (a) boundaries. The use of these frequencies auxiliary stations. and adding entries for Forms 601 and by remote pickup broadcast stations * * * * * 603 to read as follows: shall not be authorized for locations NG115 In the bands 54–72 MHz, 76– within 150 miles (241.4 km) of New 88 MHz, 174–216 MHz, 470–608 MHz, § 73.3500 Application and report forms. York City; and use of these frequencies and 614–806 MHz, wireless (a) * * *

Form No. Title

******* 601 ...... FCC Application for Wireless Telecommunications Bureau Radio Service Authorization. 603 ...... FCC Wireless Telecommunications Bureau Application for Assignments of Authorization and Transfers of Control.

* * * * * PART 74—EXPERIMENTAL RADIO, 14. Section 74.6 is added to read as AUXILIARY, SPECIAL follows: § 75.3533 [Amended] BROADCASTING AND OTHER § 74.6 Licensing of broadcast auxiliary and 9. Section 73.3533 is amended by PROGRAM DISTRIBUTIONAL low power auxiliary stations. SERVICES removing and reserving paragraph (a)(3). Applicants for and licensees of remote § 73.3536 [Amended] 12. The authority citation for part 74 pickup broadcast stations, aural continues to read as follows: broadcast auxiliary stations, television 10. Section 73.3536 is amended by broadcast auxiliary stations, and low Authority: 47 U.S.C. 154, 303, 307, 336(f), removing and reserving paragraph 336(h) and 554. power auxiliary stations authorized (b)(3). under subparts D, E, F, and H of this 13. Section 74.5 is amended by part are subject to the application and 11. Section 73.3598 is amended by redesignating paragraphs (a)(4) through procedural rules for wireless revising paragraph (a) to read as follows: (a)(7) as paragraphs (a)(5) through (a)(8) telecommunications services contained § 73.3598 Period of construction. and by adding new paragraphs (a)(4) in part 1, subpart F of this chapter. and (f) to read as follows: Applicants for these stations may file (a) Each original construction permit either manually or electronically as for the construction of a new TV, AM, § 74.5 Cross reference to rules in other specified in §§ 1.913(b) and (d) of this parts. FM or International in such existing chapter. * * * * * stations, shall specify a period of three 15. Section 74.15 is amended by (a) * * * years from the date of issuance of the revising paragraph (f) to read as follows: original construction permit within (4) Subpart F, ‘‘Wireless which construction shall be completed Telecommunications Services § 74.15 Station license period. and application for license filed. Applications and Proceedings’’. * * * * * (§§ 1.901 to 1.981). * * * * * (f) Licenses held by broadcast * * * * * network-entities under Subpart F will (f) Part 101, ‘‘Fixed Microwave ordinarily be issued for a period of 8 Services’’. years running concurrently with the

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12762 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

normal licensing period for broadcast commencement of short-term operation § 74.25 Temporary conditional operating stations located in the same area of on or adjacent to an assigned frequency. authority. operation. An application for renewal of (2) The Commission may designate a An applicant for a new broadcast license shall be filed in accordance with frequency coordinator as the single auxiliary radio service station or a the provisions of § 1.949. point of contact under this section for modification of an existing station * * * * * advance coordination of major national under subparts D, E, F, or H of this part 16. Section 74.24 is amended by and international events. Once may operate the proposed station during revising the introductory text and designated, all short-term auxiliary the pendency of its applications upon paragraphs (a), (d), (f), (g), (i), (h)(1), and broadcast use under this section must be the filing of a properly completed by removing the Note after paragraph coordinated in advance through the formal application that complies with (h)(1) to read as follows: designated coordinator. the rules for the particular class of (i) Coordinators under this provision station, provided that the conditions set § 74.24 Short term operation. will not be designated unless the forth are satisfied. All classes of broadcast auxiliary Commission receives an initial request, (a) Conditions applicable to all stations provided for in subparts D, E, in writing, to designate a coordinator. broadcast auxiliary stations. F and H of this part, except wireless (ii) The Commission will issue a (1) Stations operated pursuant to this video assist devices, may be operated on Public Notice with information section shall be identified by the a short-term basis under the authority regarding the designation of such a transmission of the call sign of the conveyed by a part 73 license or a coordinator. associated part 73 of this chapter broadcast auxiliary license without (iii) All coordination must be done on broadcast station, if one exists, or the prior authorization from the FCC, a non-discriminatory basis. prefix ‘‘WT’’ followed by the applicant’s subject to the following conditions: (iv) All licensees must abide by the local business telephone number for (a) Licensees operating under this decision of the coordinator. The broadcast or cable network entities. provision must be eligible to operate the Commission will be the final arbiter of (2) The antenna structure(s) has been particular class of broadcast auxiliary any disputes. previously studied by the Federal station. (3) An unanticipated need will never Aviation Administration and * * * * * be deemed to exist for a scheduled determined to pose no hazard to (d) Short-term operation under this event, such as a convention, sporting aviation safety as required by subpart B section shall not exceed 720 hours event, etc. of part 17 of this chapter; or the antenna annually per frequency. (h) * * * or tower structure does not exceed 6.1 Note to Paragraph (d): Certain frequencies (1) Use of broadcast auxiliary service meters above ground level or above an shared with other services which are frequencies below 470 MHz is limited to existing man-made structure (other than normally available for permanent broadcast areas of the United States south of Line an antenna structure), if the antenna or auxiliary station assignment may not be A or west of Line C unless the effective tower has not been previously studied available for short-term operation. Refer to radiated power of the station is 5 watts by the Federal Aviation Administration any note(s) which may be applicable to the and cleared by the FCC; use of a specific frequency prior to initiating or less. See § 1.928(e) of this chapter for a definition of Line A and Line C. (3) The grant of the application(s) operation. does not require a waiver of the * * * * * * * * * * Commission’s rules; (i) Short-term operation of a remote (4) The applicant has determined that (f) Stations operated pursuant to this pickup broadcast base station, a remote section shall be identified by the the facility(ies) will not significantly pickup automatic relay station, an aural affect the environment as defined in transmission of the call sign of the broadcast STL station, an aural associated part 73 broadcast station or § 1.1307 of this chapter; broadcast intercity relay station, a TV (5) The station site does not lie, broadcast auxiliary station, or, in the STL station, a TV intercity relay station case of stations operated by broadcast within a radio ‘‘Quiet Zone’’ identified or a TV translator relay station in the in § 1.924 of this chapter. network and cable network entities, by National Radio Quiet Zone, the Table the network or cable entity’s name and (b) Conditions applicable to remote Mountain Radio Receiving Zone, or near pickup broadcast auxiliary stations. base of operations city. FCC monitoring stations is subject to the (g) Prior to operating pursuant to the (1) The auxiliary station must be same advance notification procedures provisions of this section, licensees located within 80 km (50 mi) of the applicable to regular applications as shall, for the intended location or area- broadcast studio or broadcast provided for in §§ 73.1030 and 74.12, of-operation, notify the appropriate transmitter. except that inasmuch as short-term frequency coordination committee or (2) The applicant must coordinate the operation does not involve an any licensee(s) assigned the use of the operation with all affected co-channel application process, the provisions proposed operating frequency, and adjacent channel licensees in the relating to agency objection procedures concerning the particulars of the area of operation. This requirement can shall not apply. It shall simply be intended operation and shall provide be satisfied by coordination with the necessary for the licensee to contact the the name and telephone number of a local frequency committee if one exists. potentially affected agency and obtain person who may be contacted in the (3) Operation under this provision is advance approval for the proposed event of interference. Except as not permitted between 152.87 MHz and short-term operation. Where protection provided herein, this notification 153.35 MHz. to FCC monitoring stations is provision shall not apply where an (c) Conditions applicable to aural and concerned, approval for short-term unanticipated need for immediate short- television broadcast auxiliary stations. operation may be given by the District term mobile station operation would (1) The applicable frequency Director of a Commission field facility. render compliance with the provisions coordination procedures have been of this paragraph impractical. * * * * * successfully completed and the filed (1) A CARS licensee shall always be 17. Section 74.25 is added to read as application is consistent with that given advance notification prior to the follows: coordination.

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12763

(2) The station site does not lie within frequencies listed in paragraphs (a)(4) 153.0575, 153.065, 153.0725, 153.080, an area requiring international and (c)(1) of this section shall be in 153.0875, 153.095, 153.1025, 153.110, coordination. accordance with the ‘‘priority of use’’ 153.1175, 153.125, 153.1325, 153.140, (3) If operated on frequencies in the provisions in § 74.403(b)). The channel 153.1475, 153.155, 153.1625, 153.170, 17.8–19.7 GHz band, the station site will be assigned by its center frequency, 153.1775, 153.185, 153.1925, 153.200, does not lie within any of the areas channel bandwidth, and emission 153.2075, 153.215, 153.2225, 153.230, identified in § 1.924 of this chapter. designator. In general, the frequencies 153.2375, 153.245, 153.2525, 153.260, (d) Operation under this section shall listed in this section represent the 153.2675, 153.275, 153.2825, 153.290, be suspended immediately upon center of the channel or channel 153.2975, 153.305, 153.3125, 153.320, notification from the Commission or by segment. When an even number of 153.3275, 153.335, 153.3425, 153.350, the District Director of a Commission channels are stacked in those sections and 153.3575. These channels are field facility, and shall not be resumed stacking is permitted, channel subject to the conditions listed in until specific authority is given by the assignments may be made for the paragraphs (e)(3), (4), (5), and (10) of Commission or District Director. When frequency halfway between those listed. this section. authorized by the District Director, short (a) The following channels (except (2) VHF segments: 160.860, 160.8675, test operations may be made. 1606, 1622, and 1646 kHz) may be 160.875, 160.8825, 160.890, 160.8975, (e) Conditional authority ceases assigned for use by broadcast remote 160.905, 160.9125, 160.920, 160.9275, immediately if the application(s) is pickup stations using any emission 160.935, 160.9425, 160.950, 160.9575, returned by the Commission because it (other than single sideband or pulse) 160.965, 160.9725, 160.980, 160.9875, is not acceptable for filing. that will be in accordance with the 160.995, 161.0025, 161.010, 161.0175, (f) Conditional authorization does not provisions of § 74.462. 161.025, 161.0325, 161.040, 161.0475, prejudice any action the Commission (1) MF Channels: 1606, 1622, and 161.055, 161.0625, 161.070, 161.0775, may take on the subject application(s). 1646 kHz. The channel 1606 kHz is 161.085, 161.0925, 161.100, 161.1075, Conditional authority is accepted with subject to the condition listed in 161.115, 161.1225, 161.130, 161.1375, the express understanding that such paragraph (e)(1) of this section. 161.145, 161.1525, 161.160, 161.1675, authority may be modified or cancelled (2) HF Channels: 25.87, 25.91, 25.95, 161.175, 161.1825, 161.190, 161.1975, by the Commission at any time without 25.99, 26.03, 26.07, 26.09, 26.11, 26.13, 161.205, 161.2125, 161.220, 161.2275, hearing if, in the Commission’s 26.15, 26.17, 26.19, 26.21, 26.23, 26.25, 161.235, 161.2425, 161.250, 161.2575, discretion, the need for such action 26.27, 26.29, 26.31, 26.33, 26.35, 26.37, 161.265, 161.2725, 161.280, 161.2875, arises. An applicant operating pursuant 26.39, 26.41, 26.43, 26.45, and 26.47 161.295, 161.3025, 161.310, 161.3175, to this conditional authority assumes all MHz. The channels 25.87–26.09 MHz 161.325, 161.3325, 161.340, 161.3475, risks associated with such operation, the are subject to the condition listed in 161.355, 161.3625, 161.370, 161.3775, termination or modification of the paragraph (e)(2) of this section. 161.385, 161.3925, 161.400. These conditional authority, or the subsequent (3) VHF Channels: 166.25 and 170.15 channels are subject to the condition dismissal or denial of its application(s). MHz. These channels are subject to the listed in paragraph (e)(6) and (10) of this condition listed in paragraph (e)(8) of 18. Section 74.34 is added to read as section. this section. follows: (3) VHF segments: 161.625, 161.6325, (4) UHF Channels: Up to two of the 161.640, 161.6475, 161.655, 161.6625, § 74.34 Period of construction; following 6.25 kHz segments may be 161.670, 161.6775, 161.685, 161.6925, certification of completion of construction. stacked to form a channel which may be 161.700, 161.7075, 161.715, 161.7225, (a) Each aural and television assigned for use by broadcast remote 161.730, 161.7375, 161.745, 161.7525, broadcast auxiliary station authorized pickup stations using any emission 161.760, 161.7675, 161.775. These under subparts E and F of this part must contained within the resultant channel channels are subject to the conditions be in operation within 18 months from in accordance with the provisions of listed in paragraphs (e)(4), (7), and (10) the initial date of grant. § 74.462: 450.00625 MHz, 450.0125 of this section. (b) Each remote pickup broadcast MHz, 450.01875 MHz, 450.025 MHz, (4) UHF segments: 450.03125, auxiliary station authorized under 450.98125 MHz, 450.9875 MHz, 450.0375, 450.04375, 450.050, subpart D of this part must be in 450.99375 MHz, 455.00625 MHz, 450.05625, 450.0625, 450.06875, operation within 12 months from the 455.0125 MHz, 455.01875 MHz, 455.025 450.075, 450.08125, 450.0875, initial date of grant. MHz, 455.98125 MHz, 455.9875 MHz, 450.09375, 450.100, 450.10625, (c) Failure to timely begin operation and 455.99375 MHz. These channels are 450.1125, 450.11875, 450.125, means the authorization terminates subject to the condition listed in 450.13125, 450.1375, 450.14375, automatically. paragraph (e)(9) of this section. 450.150, 450.15625, 450.1625, (d) Requests for extension of time may (b) Up to four of the following 7.5 kHz 450.16875, 450.175, 450.18125, be granted upon a showing of good VHF segments and up to eight of the 450.1875, 450.19375, 450.200, cause pursuant to § 1.946(e) of this following 6.25 kHz UHF segments may 450.20625, 450.2125, 450.21875, chapter. be stacked to form a channel which may 450.225, 450.23125, 450.2375, (e) Construction of any authorized be assigned for use by broadcast remote 450.24375, 450.250, 450.25625, facility or frequency must be completed pickup stations using any emission 450.2625, 450.26875, 450.275, by the date specified in the license and contained within the resultant channel 450.28125, 450.2875, 450.29375, the Commission must be notified in accordance with the provisions of 450.300, 450.30625, 450.3125, pursuant to § 1.946 of this chapter. § 74.462. 450.31875, 450.325, 450.33125, 19. Section 74.402 is revised to read (1) VHF segments: 152.8625, 152.870, 450.3375, 450.34375, 450.350, as follows: 152.8775, 152.885, 152.8925, 152.900, 450.35625, 450.3625, 450.36875, 152.9075, 152.915, 152.9225, 152.930, 450.375, 450.38125, 450.3875, § 74.402 Frequency assignment. 152.9375, 152.945, 152.9525, 152.960, 450.39375, 450.400, 450.40625, Operation on all channels listed in 152.9675, 152.975, 152.9825, 152.990, 450.4125, 450.41875, 450.425, this section (except: frequencies 26.07 152.9975, 153.005, 153.0125, 153.020, 450.43125, 450.4375, 450.44375, MHz, 26.11 MHz, and 26.45 MHz, and 153.0275, 153.035, 153.0425, 153.050, 450.450, 450.45625, 450.4625,

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12764 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

450.46875, 450.475, 450.48125, (2) [Reserved] (9) The use of these frequencies is 450.4875, 450.49375, 450.500, (e) Conditions on Broadcast Remote limited to operational communications, 450.50625, 450.5125, 450.51875, Pickup Service channel usage as including tones for signaling and for 450.525, 450.53125, 450.5375, referred to in paragraphs (a) through (d) remote control and automatic 450.54375, 450.550, 450.55625, of this section: transmission system control and 450.5625, 450.56875, 450.575, (1) Operation is subject to the telemetry. Stations licensed or applied 450.58125, 450.5875, 450.59375, condition that no harmful interference for before April 16, 2003, must comply 450.600, 450.60625, 450.6125, is caused to the reception of AM with the channel plan by March 17, 450.61875, 455.03125, 455.0375, broadcast stations. 2006, or may continue to operate on a 455.04375, 455.050, 455.05625, (2) Operation is subject to the secondary, non-interference basis. 455.0625, 455.06875, 455.075, condition that no harmful interference (10) Stations licensed or applied for 455.08125, 455.0875, 455.09375, is caused to stations in the broadcast before April 16, 2003, must comply with 455.100, 455.10625, 455.1125, service. the channel plan by March 17, 2006, or 455.11875, 455.125, 455.13125, (3) Operation is subject to the may continue to operate on a secondary, 455.1375, 455.14375, 455.150, condition that no harmful interference non-interference basis. 455.15625, 455.1625, 455.16875, is caused to stations operating in (f) License applicants shall request 455.175, 455.18125, 455.1875, accordance with the Table of Frequency assignment of only those channels, both 455.19375, 455.200, 455.20625, Allocations set forth in part 2 of this in number and bandwidth, necessary for 455.2125, 455.21875, 455.225, chapter. Applications for licenses to use satisfactory operation and for which the 455.23125, 455.2375, 455.24375, frequencies in this band must include system is equipped to operate. However, 455.250, 455.25625, 455.2625, statements showing what procedures it is not necessary that each transmitter 455.26875, 455.275, 455.28125, will be taken to ensure that interference within a system be equipped to operate 455.2875, 455.29375, 455.300, will not be caused to stations in the on all frequencies authorized to that 455.30625, 455.3125, 455.31875, Industrial/Business Pool (Part 90). licensee. 455.325, 455.33125, 455.3375, (4) These frequencies will not be (g) Remote pickup stations or systems 455.34375, 455.350, 455.35625, licensed to network entities. will not be granted exclusive channel 455.3625, 455.36875, 455.375, (5) These frequencies will not be assignments. The same channel or 455.38125, 455.3875, 455.39375, authorized to new stations for use on channels may be assigned to other 455.400, 455.40625, 455.4125, board aircraft. licensees in the same area. When such 455.41875, 455.425, 455.43125, (6) These frequencies are allocated for sharing is necessary, the provisions of 455.4375, 455.44375, 455.450, assignment to broadcast remote pickup § 74.403 shall apply. 455.45625, 455.4625, 455.46875, stations in Puerto Rico or the Virgin 20. Section 74.403 is amended by 455.475, 455.48125, 455.4875, Islands only. revising the introductory text of 455.49375, 455.500, 455.50625, Note to Paragraph (e)(6): These frequencies paragraph (b) to read as follows: 455.5125, 455.51875, 455.525, are shared with Public Safety and Industrial/ § 74.403 Frequency selection to avoid 455.53125, 455.5375, 455.54375, Business Pools (Part 90). 455.550, 455.55625, 455.5625, interference. 455.56875, 455.575, 455.58125, (7) These frequencies may not be used * * * * * 455.5875, 455.59375, 455.600, by broadcast remote pickup stations in (b) The following order of priority of 455.60625, 455.6125, 455.61875. Puerto Rico or the Virgin Islands. In transmissions shall be observed on all (c) Up to two of the following 25 kHz other areas, certain existing stations in frequencies except frequencies 26.07 segments may be stacked to form a the Public Safety and Industrial/ MHz, 26.11 MHz, and 26.45 MHz, and channel which may be assigned for use Business Pools (Part 90) have been frequencies listed in § 74.402(a)(4) and by broadcast remote pickup stations permitted to continue operation on (c)(1): using any emission contained within these frequencies on the condition that * * * * * the resultant channel in accordance no harmful interference is caused to broadcast remote pickup stations. 21. Section 74.431 is amended by with the provisions of § 74.462. Users removing and reserving paragraph (g) committed to 50 kHz bandwidths and (8) Operation on frequencies 166.25 MHz and 170.15 MHz is subject to the and by revising paragraph (i) to read as transmitting program material will have follows: primary use of these channels. condition that harmful interference (1) UHF segments: 450.6375, shall not be caused to present or future § 74.431 Special rules applicable to remote 450.6625, 450.6875, 450.7125, 450.7375, Government stations in the band 162– pickup stations. 450.7625, 450.7875, 450.8125, 450.8375, 174 MHz and is also subject to the * * * * * 450.8625, 455.6375, 455.6625, 455.6875, bandwidth and tolerance limitations (i) Remote pickup mobile or base 455.7125, 455.7375, 455.7625, 455.7875, and compliance deadlines listed in stations may be used for activities 455.8125, 455.8375, 455.8625 MHz. § 74.462 of this part. Authorization on associated with the Emergency Alert (2) [Reserved] these frequencies shall be in the lower System (EAS) and similar emergency (d) Up to two of the following 50 kHz 48 contiguous States only, except within survival communications systems. Drills segments may be stacked to form a the area bounded on the west by the and test are also permitted on these channel which may be assigned for use Mississippi River, on the north by the stations, but the priority requirements of by broadcast remote pickup stations parallel of latitude 37°30′ N., and on the § 74.403(b) must be observed in such using any emission contained within east and south by that arc of the circle cases. the resultant channel in accordance with center at Springfield, Illinois, and 22. Section 74.432 is amended with the provisions of § 74.462. Users radius equal to the airline distance revising paragraphs (b), (g) and (k) to committed to 100 kHz bandwidths and between Springfield, Illinois, and read as follows: transmitting program material will have Montgomery, Alabama, subtended primary use of these channels. between the foregoing west and north § 74.432 Licensing requirements and (1) UHF segments: 450.900, 450.950, boundaries, or within 150 miles (241.4 procedures. 455.900, and 455.950 MHz. km) of New York City. * * * * *

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12765

(b) Base stations may operate as for a period of one year is considered to been certificated by the FCC pursuant to automatic relay stations on the have been permanently discontinued. the provisions of this subpart, or have frequencies listed in § 74.402(b)(4) and * * * * * been certificated for licensing under (c)(1) under the provisions of § 74.436, 23. Section 74.433 is amended by part 90 of this chapter and do not however, one licensee may not operate revising paragraphs (b) and (c) to read exceed the output power limits such stations on more than two as follows: specified in § 74.461(b). frequency pairs in a single area. * * * * * § 74.433 Temporary authorizations. * * * * * 25. Section 74.452 is revised to read (g) An application for a remote pickup * * * * * as follows: broadcast station or system shall specify (b) A request for special temporary the broadcasting station with which the authority for the operation of a remote § 74.452 Equipment changes. remote pickup broadcast facility is to be pickup broadcast station must be made (a) Modifications may be made to an principally used and the licensed area in accordance with the procedures of existing authorization in accordance of operation for a system which § 1.931(b) of this chapter. with §§ 1.929 and 1.947 of this chapter. includes mobile stations shall be the (c) All requests for special temporary area considered to be served by the authority of a remote pickup broadcast (b) All transmitters initially installed associated broadcasting station. Mobile station must include full particulars after November 30, 1977, must be stations may be operated outside the including: licensee’s name and address, certificated for use in this service or licensed area of operation pursuant to facility identification number of the other service as specified in § 74.451(a). § 74.24 of this part. Where the applicant associated broadcast station or stations, 26. Section 74.462 is amended by for remote pickup broadcast facilities is call letters of remote pickup station (if revising paragraph (a), the table in the licensee of more than one class of assigned), type and manufacturer of paragraph (b), and the introductory text broadcasting station (AM, FM, TV), all equipment, power output, emission, to paragraph (c), and removing licensed to the same community, frequency or frequencies proposed to be paragraphs (e), (f), and (g) to read as designation of one such station as the used, commencement and termination follows: associated broadcasting station will not date, location of operation and purpose preclude use of the remote pickup for which request is made including any § 74.462 Authorized bandwidth and emissions. broadcast facilities with those particular justification. broadcasting stations not included in * * * * * (a) Each authorization for a new the designation and such additional use 24. Section 74.451 is amended by remote pickup broadcast station or shall be at the discretion of the licensee. revising paragraph (a) to read as follows: system shall require the use of * * * * * certificated equipment and such (k) In case of permanent § 74.451 Certification of equipment. equipment shall be operated in discontinuance of operations of a station (a) Applications for new remote accordance with emission specifications licensed under this subpart, the licensee pickup broadcast stations or systems or included in the grant of certification and shall cancel the station license using for changing transmitting equipment of as prescribed in paragraphs (b), (c), and FCC Form 601. For purposes of this an existing station will not be accepted (d) of this section. section, a station which is not operated unless the transmitters to be used have (b) * * *

Maximum fre- Authorized quency Frequencies bandwidth Type of emission 2 deviation 1 (kHz) (kHz)

(kHz): 1606, 1622, and 1646 10 ...... N/A A3E. MHz: 25.87 to 26.03 ...... 40 ...... 10 Frequencies 25.87 to 153.3575 MHz: A3E, F1E, F3E, F9E. 26.07 to 26.47 ...... 20 ...... 5 152.8625 to 153.3575 3 ...... 30/60 ...... 5/10 160.860 to 161.400 ...... 60 ...... 10 161.625 to 161.775 ...... 30 ...... 5 166.25 and 170.15 4 ...... 12.5/25 ...... 5 450.00625 to 450.025 ...... Frequencies 160.860 to 455.950 MHz: A1A, A1B, A1D, A1E, 450.98125 to 450.99375 ...... A2A, A2B, A2D, A2E, A3E, F1A, F1B, F1D, F1E, F2A, 455.00625 to 455.025 ...... F2B, F2D, F2E, F3E, F9E 455.98125 to 455.99375 ...... Up to 12.5 .... 1.5 450.03125 to 450.61875 455.03125 to 455.61875 ...... Up to 25 ...... 5 450.6375 to 450.8625 455.6375 to 455.8625 ...... 25–50 ...... 10 450.900, 450.950 455.900, 455.950 ...... 50–100 ...... 35 1 Applies where F1A, F1B, F1D, F1E, F2A, F2B, F2D, F2E, F3E, or F9E emissions are used. 2 Stations operating above 450 MHz shall show a need for employing A1A, A1B, A1D, A1E, A2A, A2B, A2D, A2E, F1A, F1B, F1D, F1E, F2A, F2B, F2D, or F2E emission. 3 New or modified licenses for use of the frequencies will not be granted to utilize transmitters on board aircraft, or to use a bandwidth in ex- cess of 30 kHz and maximum deviation exceeding 5 kHz 4 For stations licensed or applied for before April 16, 2003, the sum of the bandwidth of emission and tolerance on frequencies 166.25 MHz or 170.15 MHz shall not exceed 25 kHz, and such operation may continue until January 1, 2005. For new stations licensed or applied for on or after April 16, 2003, the sum of the bandwidth of emission and tolerance on these frequencies shall not exceed 12.5 kHz. For all remote pickup broadcast stations, the sum of the bandwidth of emission and tolerance on these frequencies shall not exceed 12.5 kHz on or after January 1, 2005.

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12766 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

(c) For emissions on frequencies 29. Section 74.502 is amended by (2) In the 17,700 to 19,700 MHz band, above 25 MHz with authorized revising paragraphs (b) introductory transmitter output power shall not bandwidths up to 30 kHz, the emissions text, (c)(1)(ii), and (d) to read as follows: exceed 10 watts. shall comply with the emission mask (b) In no event shall the average and transient frequency behavior § 74.502 Frequency assignment. equivalent isotropically radiated power requirements of §§ 90.210 and 90.214 of * * * * * (EIRP), as referenced to an isotropic this chapter. For all other emissions, the (b) The frequency band 944–952 MHz radiator, exceed the values specified in mean power of emissions shall be is available for assignment to aural STL the following table. In cases of harmful attenuated below the mean output and ICR stations. One or more of the interference, the Commission may, after power of the transmitter in accordance following 25 kHz segments may be notice and opportunity for hearing, with the following schedule: stacked to form a channel which may be order a change in the equivalent * * * * * assigned with a maximum authorized isotropically radiated power of this bandwidth of 300 kHz except as noted station. 27. Section 74.464 is amended by in the following Table. The channel, revising the introductory text to the will be assigned by its center frequency, Maximum table to read as follows: channel bandwidth, and emission Allowable 1 Frequency band (MHz) EIRP § 74.464 Frequency tolerance. designator. The following frequencies (dBW) are the centers of individual segments. For operations on frequencies above When stacking an even number of 25 MHz using authorized bandwidths 944 to 952 ...... +40 segments, the center frequency specified 17,700 to 18,600 ...... +55 up to 30 kHz, the licensee of a remote will deviate from the following 18,600 to 19,700 ...... +35 pickup broadcast station or system shall frequencies in that it should correspond maintain the operating frequency of 1 Stations licensed based on an application to the actual center of stacked channels. each station in compliance with the filed before April 16, 2003, for EIRP values ex- When stacking an odd number of ceeding those specified above, may continue frequency tolerance requirements of channels, the center frequency specified to operate indefinitely in accordance with the § 90.213 of this chapter. For all other terms of their current authorizations, subject to will correspond to one of the following operations, the licensee of a remote periodic renewal. frequencies. pickup broadcast station or system shall (c) The EIRP of transmitters that use * * * * * maintain the operating frequency of Automatic Transmitter Power Control each station in accordance with the (c) * * * (ATPC) shall not exceed the EIRP following: (1) * * * specified on the station authorization. * * * * * (ii) Licensees may use either a two- The EIRP of non-ATPC transmitters way link or one frequency of a 28. Section 74.482 is amended by shall be maintained as near as frequency pair for a one-way link. revising paragraphs (a) and (e) to read as practicable to the EIRP specified on the follows: * * * * * station authorization. (d) For the coordination of all 32. Section 74.535 is amended by § 74.482 Station identification. frequency assignments for fixed stations revising paragraphs (a), (b) and (d), (a) Each remote pickup broadcast above 944 MHz, for each frequency removing paragraphs (e) and (f), and station shall be identified by the authorized under this part, the redesignating paragraph (g) as paragraph transmission of the assigned station or interference protection criteria in (e) to read as follows: system call sign, or by the call sign of § 101.105(a), (b), and (c) of this chapter the associated broadcast station. For and the frequency usage coordination § 74.535 Emission and bandwidth. systems, the licensee (including those procedures of § 101.103(d) of this (a) The mean power of emissions shall operating pursuant to § 74.24 of this chapter will apply. be attenuated below the mean part) shall assign a unit designator to * * * * * transmitter power (PMEAN) in each station in the system. The call sign accordance with the following schedule: 30. Section 74.532 is amended by (1) When using frequency (and unit designator, where appropriate) removing the note following paragraph shall be transmitted at the beginning modulation: (d) and revising paragraph (f) to read as (i) On any frequency removed from and end of each period of operation. A follows: period of operation may consist of a the assigned (center) frequency by more single continuous transmission, or a § 74.532 Licensing requirements. than 50% up to and including 100% of series of intermittent transmissions the authorized bandwidth: At least 25 * * * * * dB in any 100 kHz reference bandwidth pertaining to a single event. (f) In case of permanent (BREF); * * * * * discontinuance of operations of a station (ii) On any frequency removed from (e) For stations using F1E or G1E licensed under this subpart, the licensee the assigned (center) frequency by more emissions, identification shall be shall cancel the station license using than 100% up to and including 250% of transmitted in the unscrambled analog FCC Form 601. For purposes of this the authorized bandwidth: At least 35 (F3E) mode or in International Morse section, a station which is not operated dB in any 100 kHz reference bandwidth; Code pursuant to the provisions of for a period of one year is considered to (iii) On any frequency removed from paragraph (d) of this section at intervals have been permanently discontinued. the assigned (center) frequency by more not to exceed 15 minutes. For purposes 31. Section 74.534 is revised to read than 250% of the authorized bandwidth: of rule enforcement, all licensees using as follows: At least 43+10 log10 (PMEAN in watts) dB, F1E or G1E emissions shall provide, or 80 dB, whichever is the lesser upon request by the Commission, a full § 74.534 Power limitations. attenuation, in any 100 kHz reference and complete description of the (a) Transmitter output power. (1) bandwidth. encoding methodology they currently Transmitter output power shall be (2) When using transmissions use. limited to that necessary to accomplish employing digital modulation * * * * * the function of the system. techniques:

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12767

(i) For operating frequencies below 15 (1) If the transmitter modulates a determined by a factor of 10 log10 [(BREF GHz, in any 4 kHz reference bandwidth single carrier, digital modulation in megahertz)/(BRES in megahertz)] (BREF), the center frequency of which is techniques are considered as being decibels, where a positive factor removed from the assigned frequency by employed when digital modulation indicates an increase in the attenuation more than 50 percent up to and occupies 50 percent or more of the total requirement and a negative factor including 250 percent of the authorized peak frequency deviation of a indicates a decrease in the attenuation bandwidth: As specified by the transmitted radio frequency carrier. The requirement. following equation but in no event less total peak frequency deviation will be (4) Stations licensed pursuant to an than 50 decibels: determined by adding the deviation application filed before March 17, 2005, A = 35 + 0.8(G ¥ 50) + 10 Log10 B. produced by the digital modulation using equipment not conforming with (Attenuation greater than 80 decibels is signal and the deviation produced by the emission limitations specified not required.) any frequency division multiplex (FDM) above, may continue to operate modulation used. The deviation (D) indefinitely in accordance with the Where: produced by the FDM signal must be terms of their current authorizations, A = Attenuation (in decibels) below determined in accordance with subject to periodic renewal. Existing the mean output power level. § 2.202(f) of this chapter. equipment and equipment of product G = Percent removed from the carrier (2) If the transmitter modulates two or lines in production before April 16, frequency. more carriers, with at least one using 2003, authorized via certification or B = Authorized bandwidth in digital modulation and one using verification before March 17, 2005, for megahertz. frequency or other analog modulation, equipment not conforming to the (ii) For operating frequencies above 15 digital modulation techniques are emission limitations requirements GHz, in any 1 MHz reference bandwidth considered as being employed when the specified above, may continue to be necessary bandwidth of the digital (BREF), the center frequency of which is manufactured and/or marketed, but may signal(s) is 50 percent or more of the removed from the assigned frequency by not be authorized for use under a station aggregate bandwidth of the system, more than 50 percent up to and license except at stations licensed comprising the digital necessary including 250 percent of the authorized pursuant to an application filed before bandwidth(s), the analog necessary bandwidth: As specified by the March 17, 2005. Any non-conforming bandwidth(s), and any bandwidth(s) following equation but in no event less equipment authorized under a station between the digital and analog than 11 decibels: license, and replaced on or after March ¥ necessary bandwidths. In this case, the A = 11 + 0.4(G 50) + 10 Log10 B. 17, 2005, must be replaced by aggregate bandwidth shall be used for (Attenuation greater than 56 decibels is conforming equipment. the authorized bandwidth (B) in not required.) paragraph (a) of this section, and for * * * * * (iii) In any 4 kHz reference bandwidth purposes of compliance with the § 74.536 [Amended] (BREF), the center frequency of which is bandwidth limitations in § 74.502 of removed from the assigned frequency by this subpart; and the sum of the powers 33. Section 74.536 is amended by more than 250 percent of the authorized of the analog and digital signals shall be removing the entry for 31.0 to 31.3 and bandwidth: At least 43 +10 Log10 (PMEAN used for mean transmitter power footnotes 2 and 3 from the table in in watts) decibels, or 80 decibels, (PMEAN) in paragraph (a) or the peak paragraph (c). whichever is the lesser attenuation. envelope transmitter power (PPEAK) in 34. Section 74.537 is amended by (b) For all emissions not covered in paragraph (b) of this section, and for paragraph (a) of this section, the peak revising paragraphs (b) and (c) to read purposes of compliance with the power as follows: power of emissions shall be attenuated limitations in § 74.534 of this subpart. below the peak envelope transmitter (3) For demonstrating compliance § 74.537 Temporary authorizations. power (PPEAK) in accordance with the with the attenuation requirements for * * * * * following schedule: frequency modulation and digital (b) A request for special temporary (1) On any frequency 500 Hz inside modulation in paragraph (a) of this the channel edge up to and including authority for the operation of an aural section, the resolution bandwidth (BRES) broadcast STL or an intercity relay 2500 Hz outside the same edge, the of the measuring equipment used for station must be made in accordance following formula will apply: measurements removed from the center with the procedures of § 1.931(b) of this A = 29 Log10 [(25/11)[(D + 2.5 ¥ (W/ frequency by more than 250 percent of chapter. 2)]2] dB the authorized bandwidth shall be 100 (c) All requests for special temporary (Attenuation greater than 50 decibels is kHz for operating frequencies below 1 authority of an aural broadcast auxiliary not required.) GHz, and 1 MHz for operating frequencies above 1 GHz. The resolution stations must include full particulars Where: bandwidth for frequencies removed including: licensee’s name and address, A = Attenuation (in dB) below the from the center frequency by less than facility identification number of the peak envelope transmitter power. 250 percent of the authorized associated broadcast station(s), call D = the displacement frequency (kHz) bandwidth shall be the reference letters of the aural broadcast STL or from the center of the authorized bandwidth (BREF) specified in the intercity relay station, if assigned, type bandwidth. individual emission limitations, but and manufacturer of equipment, W = the channel bandwidth (kHz). may be reduced to not less than one effective isotropic radiated power, (2) On any frequency removed from percent of the authorized bandwidth emission, frequency or frequencies the channel edge by more than 2500 Hz: (B), adjusted upward to the nearest proposed for use, commencement and At least 43+10 Log10 (PPEAK in watts) dB. greater resolution bandwidth available termination date and location of the * * * * * on the measuring equipment. In all proposed operation, and purpose for (d) For purposes of compliance with cases, if BRES and BREF are not equal, which request is made including any the emission limitation requirements of then the attenuation requirement must particular justification. this section: be increased (or decreased) as * * * * *

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12768 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

35. Section 74.551 is amended by 37. Section 74.602 is amended by 19,260–19,700 MHz are available for revising paragraph (a) introductory text, revising paragraphs (a) introductory broadcast auxiliary stations as described removing paragraphs (b) and (c), and text, the channel boundaries for channel in paragraph (g) of this section. The redesignating paragraph (d) as designation B03 in the table of band segment 6425–6525 MHz is paragraph (b) to read as follows: paragraph (a), footnote 2 of the table of available for broadcast auxiliary stations paragraph (a), paragraphs (d), (f), (h), § 74.551 Equipment changes. as described in paragraph (i) of this and (i) introductory text, and by (a) Modifications may be made to an section. Broadcast network-entities may removing and revising paragraph (a)(2) also use the 1990–2110, 6425–6525 and existing authorization in accordance to read as follows: with §§ 1.929 and 1.947 of this chapter. 6875–7125 MHz bands for mobile television pickup only. * * * * * § 74.602 Frequency assignment. (a) The following frequencies are § 74.561 [Amended] available for assignment to television 36. Section 74.561 is amended by pickup, television STL, television relay removing the entry for 31,000 to 31,300 and television translator relay stations. from the table. The band segments 17,700–18,580 and

Band D 1 GHz Band A MHz Band B MHz Group A channels Group B channels Designation Channel boundaries Designation Channel boundaries

******* B03 12.7625–12.7875

******* 1 For fixed stations using Band D Channels, applicants are encouraged to use alternate A and B channels such that adjacent R.F. carriers are spaced 12.5 MHz. As an example, a fixed station, relaying several channels, would use A01, B01, A02, B02, A03, etc. 2 The band 13.15—13.20 GHz is reserved for the assignment of CARS Pickup and Television Pickup stations on a primary co-equal basis within 50 kilometers of the television markets defined in § 76.53 of this chapter. The band 13.20—13.2125 GHz is reserved exclusively for the as- signment of Television Pickup stations on a primary basis. Fixed stations licensed prior to April 16, 2003, may continue operation under their cur- rent status on channels in the 13.15—13.2125 GHz band, subject to periodic license renewals.

* * * * * interference caused by stations having end of transition to digital television in (d) Cable Television Relay Service primary use of TV auxiliary frequencies. their market (DTV Transition), as set stations may be assigned channels in * * * * * forth in §§ 73.622 through 73.625 of this Band D between 12,700 and 13,200 MHz (h) TV STL, TV relay stations, and TV chapter. Applications for TV STL and subject to the condition that no harmful translator relay stations may be TV relay stations operating on UHF TV interference is caused to TV STL and TV authorized to operate fixed point-to- channels 52–69 will not be accepted for relay stations authorized at the time of point service on the UHF TV channels filing on or after April 16, 2003. such grants. Similarly, new TV STL and 14–69 on a secondary basis and subject (4) TV translator relay stations licensed for operation on UHF TV TV relay stations must not cause to the provisions of subpart G of this channels 52–59 based on applications harmful interference to cable television part: filed before the end of DTV transition relay stations authorized at the time of (1) Applications for authorization in may continue to operate under the terms such grants. The use of channels accordance with this paragraph must of their current authorizations between 12,700 and 13,200 MHz by TV comply with the following technical indefinitely. TV translator relay stations pickup stations is subject to the limits or be accompanied by an licensed for operation on UHF TV condition that no harmful interference engineering analysis demonstrating why channels 60–69 based on applications is caused to Cable Television Relay these limits must be exceeded: filed before the end of DTV transition Service stations, TV STL and TV relay (i) Maximum EIRP is limited to 35 dBW; may continue to operate under the terms stations, except as provided for in of their current authorizations until the § 74.602(a) Note 2. Band D channels are (ii) Transmitting antenna beamwidth is limited to 25 degrees (measured at the end of DTV Transition. Applications for also shared with certain Private TV translator relay stations operating on Operational Fixed Stations, see § 74.638. 3 dB points); and (iii) Vertical polarization is used. UHF TV channels 52–69 will not be * * * * * (2) These stations must not interfere accepted for filing on or after the end of (f) TV auxiliary stations licensed to with and must accept interference from DTV Transition. low power TV stations and translator current and future full-power UHF–TV (i) 6425 to 6525 MHz—Mobile Only. relay stations will be assigned on a stations, LPTV stations, and translator Paired and un-paired operations secondary basis, i.e., subject to the stations. They will also be secondary to permitted. Use of this spectrum for condition that no harmful interference land mobile stations in areas where land direct delivery of video programs to the is caused to other TV auxiliary stations mobile sharing is currently permitted. general public or multi-channel cable assigned to TV broadcast stations, or to (3) TV STL and TV relay stations distribution is not permitted. This band cable television relay service stations licensed for operation on UHF TV is co-equally shared with mobile (CARS) operating between 12,700 and channels 52–69 based on applications stations licensed pursuant to parts 78 13,200 MHz. Auxiliary stations licensed filed before April 16, 2003, may and 101 of this chapter. The following to low power TV stations and translator continue to operate under the terms of channel plans apply. relay stations must accept any their current authorizations until the * * * * *

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12769

§ 74.603 [Amended] metropolitan area, unless a special station(s) (if any), call letters of the 38. Section 74.603 is amended by showing is made that a larger area is television broadcast STL or intercity removing and reserving paragraph (b). necessary. relay station (if assigned), type and * * * * * manufacturer of equipment, effective § 74.604 [Amended] (e) A license for a TV translator relay isotropic radiated power, emission, 39. Section 74.604 is amended by station will be issued only to licensees frequency or frequencies proposed for removing and reserving paragraph (a). of low power TV and TV translator use, commencement and termination 40. Section 74.631 is amended by stations. However, a television translator date and location of the proposed revising the first sentence of paragraph relay station license may be issued to a operation, and purpose for which (a) to read as follows: cooperative enterprise wholly owned by request is made including any particular licensees of television broadcast justification. § 74.631 Permissible service. translators or licensees of television * * * * * (a) The licensee of a television pickup broadcast translators and cable station authorizes the transmission of television owners or operators upon a 43. Section 74.636 is revised to read program material, orders concerning showing that the applicant is qualified as follows: such program material, and related under the Communication Act of 1934, communications necessary to the as amended. § 74.636 Power limitations. accomplishment of such transmissions, * * * * * (a) On any authorized frequency, from the scenes of events occurring in (g) In case of permanent transmitter peak output power and the places other than a television studio, to discontinuance of operations of a station average power delivered to an antenna its associated television broadcast licensed under this subpart, the licensee in this service must be the minimum station, to an associated television relay shall cancel the station license using amount of power necessary to carry out station, to such other stations as are FCC Form 601. For purposes of this the communications desired and shall broadcasting the same program material, section, a station which is not operated or to the network or networks with not exceed the values listed in the for a period of one year is considered to following table. Application of this which the television broadcast station is have been permanently discontinued. affiliated. * * * principle includes, but is not to be 42. Section 74.633 is amended by limited to, requiring a licensee who * * * * * revising paragraphs (b) and (c) to read replaces one or more of its antennas 41. Section 74.632 is amended by as follows: with larger antennas to reduce its removing the last two sentences of antenna input power by an amount paragraph (a) and the Note following § 74.633 Temporary authorizations. appropriate to compensate for the paragraph (f), and revising paragraphs * * * * * increased primary lobe gain of the (c), (e) and (g). (b) A request for special temporary authority for the operation of a replacement antenna(s). In no event § 74.632 Licensing requirements. television broadcast auxiliary station shall the average equivalent * * * * * must be made in accordance with the isotropically radiated power (EIRP), as (c) An application for a new TV procedures of § 1.931(b) of this chapter. referenced to an isotropic radiator, pickup station shall designate the TV (c) All requests for special temporary exceed the values specified in the broadcast station with which it is to be authority of a television broadcast following table. In cases of harmful operated and specify the area in which auxiliary station must include full interference, the Commission may, after the proposed operation is intended. The particulars including: licensee’s name notice and opportunity for hearing, maximum permissible area of operation and address, facility identification order a change in the effective radiated will generally be that of a standard number of the associated broadcast power of this station. The table follows:

Maximum al- Maximum allowable EIRP 2 lowable trans- Frequency band (MHz) mitter power Fixed (dBW) Mobile (dBW) Mobile (W)

2,025 to 2,110 ...... 12.0 +45 +35 2,450 to 2,483.5 ...... 12.0 +45 +35 6,425 to 6,525 ...... 12.0 ...... +35 6,875 to 7,125 ...... 12.0 +55 +35 12,700 to 13,250 ...... 1.5 +55 +45 17,700 to 18,600 ...... +55 ...... 18,600 to 18,800 1 ...... +35 ...... 18,800 to 19,700 ...... +55 ...... 1 The power delivered to the antenna is limited to ¥3 dBW. 2 Stations licensed based on an application filed before April 16, 2003, for EIRP values exceeding those specified above, may continue to op- erate indefinitely in accordance with the terms of their current authorizations, subject to periodic renewal.

(b) The EIRP of transmitters that use practicable to the EIRP specified on the § 74.637 Emissions and emission Automatic Transmitter Power Control station authorization. limitations. (ATPC) shall not exceed the EIRP 44. Section 74.637 is amended by (a) The mean power of emissions shall specified on the station authorization. revising paragraphs (a), (b) and (c) and be attenuated below the mean The EIRP of non-ATPC transmitters by removing the entries for 31,000 to transmitter power (PMEAN) in shall be maintained as near as 31,300 and 38,600 to 40,000 from the accordance with the following schedule: table in paragraph (g) to read as follows:

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12770 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

(1) When using frequency (b) For all emissions not covered in envelope transmitter power (PPEAK) in modulation: paragraph (a) of this section, the peak paragraph (b) of this section, and for (i) On any frequency removed from power of emissions shall be attenuated purposes of compliance with the power the assigned (center) frequency by more below the peak envelope transmitter limitations in § 74.636 of this subpart. than 50% up to and including 100% of power (PPEAK) in accordance with the (3) For demonstrating compliance the authorized bandwidth: At least 25 following schedule: with the attenuation requirements for dB in any 100 kHz reference bandwidth (1) On any frequency 500 Hz inside frequency modulation and digital (BREF); the channel edge up to and including modulation in paragraph (a) of this (ii) On any frequency removed from 2500 Hz outside the same edge, the section, the resolution bandwidth (BRES) the assigned (center) frequency by more following formula will apply: of the measuring equipment used for than 100% up to and including 250% of A = 29 Log10 [(25/11)[(D + 2.5 ¥ (W/ measurements removed from the center the authorized bandwidth: At least 35 2)]2] dB frequency by more than 250 percent of dB in any 100 kHz reference bandwidth; (Attenuation greater than 50 decibels is the authorized bandwidth shall be 100 (iii) On any frequency removed from not required.) kHz for operating frequencies below 1 the assigned (center) frequency by more Where: GHz, and 1 MHz for operating than 250% of the authorized bandwidth: A = Attenuation (in dB) below the peak frequencies above 1 GHz. The resolution At least 43+10 log (P in watts) dB, 10 MEAN envelope transmitter power. bandwidth for frequencies removed or 80 dB, whichever is the lesser D = The displacement frequency (kHz) from the center frequency by less than attenuation, in any 100 kHz reference from the center of the authorized 250 percent of the authorized bandwidth. bandwidth. bandwidth shall be the reference (2) When using transmissions W = the channel bandwidth (kHz). bandwidth (BREF) specified in the employing digital modulation (2) On any frequency removed from individual emission limitations, but techniques: may be reduced to not less than one (i) For operating frequencies below 15 the channel edge by more than 2500 Hz: At least 43 + 10 Log (P in watts) percent of the authorized bandwidth GHz, in any 4 kHz reference bandwidth 10 PEAK (B), adjusted upward to the nearest (B ), the center frequency of which is dB. REF (c) For purposes of compliance with greater resolution bandwidth available removed from the assigned frequency by the emission limitation requirements of on the measuring equipment. In all more than 50 percent up to and this section: cases, if BRES and BREF are not equal, including 250 percent of the authorized (1) If the transmitter modulates a then the attenuation requirement must bandwidth: As specified by the single carrier, digital modulation be increased (or decreased) as following equation but in no event less techniques are considered as being determined by a factor of 10 log10 [(BREF than 50 decibels: employed when digital modulation in megahertz)/(BRES in megahertz)] ¥ A = 35 + 0.8 (G 50) + 10 Log10 B. occupies 50 percent or more of the total decibels, where a positive factor (Attenuation greater than 80 decibels is peak frequency deviation of a indicates an increase in the attenuation not required.) transmitted radio frequency carrier. The requirement and a negative factor Where: total peak frequency deviation will be indicates a decrease in the attenuation requirement. A = Attenuation (in decibels) below the determined by adding the deviation (4) Stations licensed pursuant to an mean output power level. produced by the digital modulation application filed before March 17, 2005, G = Percent removed from the carrier signal and the deviation produced by using equipment not conforming with frequency. any frequency division multiplex (FDM) the emission limitations specified B = Authorized bandwidth in modulation used. The deviation (D) above, may continue to operate megahertz. produced by the FDM signal must be determined in accordance with indefinitely in accordance with the (ii) For operating frequencies above 15 terms of their current authorizations, GHz, in any 1 MHz reference bandwidth § 2.202(f) of this chapter. (2) If the transmitter modulates two or subject to periodic renewal. Existing (B ), the center frequency of which is REF more carriers, with at least one using equipment and equipment of product removed from the assigned frequency by digital modulation and one using lines in production before April 16, more than 50 percent up to and frequency or other analog modulation, 2003, authorized via certification or including 250 percent of the authorized digital modulation techniques are verification before March 17, 2005, for bandwidth: As specified by the considered as being employed when the equipment not conforming to the following equation but in no event less necessary bandwidth of the digital emission limitations requirements than 11 decibels: specified above, may continue to be ¥ signal(s) is 50 percent or more of the A = 11 + 0.4 (G 50) + 10 Log10 B. aggregate bandwidth of the system, manufactured and/or marketed, but may (Attenuation greater than 56 decibels is comprising the digital necessary not be authorized for use under a station not required.) bandwidth(s), the analog necessary license except at stations licensed (iii) In any 4 kHz reference bandwidth bandwidth(s), and any bandwidth(s) pursuant to an application filed before (BREF), the center frequency of which is between the digital and analog March 17, 2005. Any non-conforming removed from the assigned frequency by necessary bandwidths. In this case, the equipment authorized under a station more than 250 percent of the authorized aggregate bandwidth shall be used for license, and replaced on or after March bandwidth: At least 43 +10 Log10 (PMEAN the authorized bandwidth (B) in 17, 2005, must be replaced by in watts) decibels, or 80 decibels, paragraph (a) of this section, and for conforming equipment. whichever is the lesser attenuation. purposes of compliance with the * * * * * (3) Amplitude Modulation. For bandwidth limitations in paragraph (g) 45. Section 74.638 is revised to read vestigial sideband AM video: On any of this section and in § 74.602 of this as follows: frequency removed from the center subpart; and the sum of the powers of frequency of the authorized band by the analog and digital signals shall be § 74.638 Frequency coordination. more than 50%: at least 50 dB below used for mean transmitter power (a) Coordination of all frequency peak power of the emission. (PMEAN) in paragraph (a) or the peak assignments for fixed stations in all

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12771

bands above 2110 MHz, and for mobile active channels, applied-for channels, or § 74.643 Interference to geostationary- (temporary fixed) stations in the bands channels coordinated for future growth. satellites. 6425–6525 MHz and 17.7–19.7 GHz, Coordination must be completed prior Applicants and licensees must will be in accordance with the to filing an application for regular comply with § 101.145 of this chapter to procedure established in paragraph (b) authorization, for major amendment to a minimize the potential of interference to of this section, except that the prior pending application, or for major geostationary-satellites. coordination process for mobile modification to a license. 48. Section 74.644 is amended by (temporary fixed) assignments may be (2) To be acceptable for filing, all revising the table in paragraph (a) and completed orally and the period applications for regular authorization, or paragraph (b) to read as follows: allowed for response to a coordination major amendment to a pending notification may be less than 30 days if application, or major modification to a § 74.644 Minimum path lengths for fixed the parties agree. Coordination of all license, must include a certification links. frequency assignments for all mobile attesting that all co-channel and (a) * * * (temporary fixed) stations in all bands adjacent-channel licensees and above 2110 MHz, except the bands Minimum applicants potentially affected by the Frequency band path 6425–6525 MHz and 17.7–19.7 GHz, proposed fixed use of the frequency(ies) (MHz) length will be conducted in accordance with have been notified and are in agreement (km) the procedure established in paragraph that the proposed facilities can be (b) of this section or with the procedure installed without causing harmful Below 1,990 ...... n/a in paragraph (d) of this section. interference to those other licensees and 1,990–7,125 ...... 17 Coordination of all frequency applicants. 12,200–13,250 ...... 5 Above 17,700 ...... n/a assignments for all fixed stations in the (d) Frequency coordination for all band 1990–2110 MHz will be in mobile (temporary fixed) stations in all (b) For paths shorter than those accordance with the procedure bands above 1990 MHz, except the specified in the Table, the EIRP shall established in paragraph (c) of this bands 6425–6525 MHz and 17.7–19.7 not exceed the value derived from the section. Coordination of all frequency GHz. For each frequency authorized assignments for all mobile (temporary following equation. under this part, applicants are ¥ fixed) stations in the band 1990–2110 responsible for selecting the frequency EIRP = MAXEIRP 40 log(A/B) dBW MHz will be conducted in accordance assignments that are least likely to result Where: with the procedure in paragraph (d) of in mutual interference with other EIRP = The new maximum EIRP this section. licensees in the same area. Applicants (equivalent isotropically radiated (b) Frequency coordination for all may consult local frequency power) in dBW. fixed stations in all bands above 2110 coordination committees, where they MAXEIRP = Maximum EIRP as set forth MHz, and for all mobile (temporary exist, for information on frequencies in the Table in § 74.636 of this part. fixed) stations in the bands 6425–6525 available in the area. In selecting A = Minimum path length from the MHz and 17.7–19.7 GHz. For each frequencies, consideration should be Table above for the frequency band frequency authorized under this part, given to the relative location of receive in kilometers. the interference protection criteria in points, normal transmission paths, and B = The actual path length in § 101.105(a), (b), and (c) of this chapter the nature of the contemplated kilometers. and the frequency usage coordination operation. Note 1 to Paragraph (b): For transmitters procedures in § 101.103(d) of this 46. Section 74.641 is amended by using Automatic Transmitter Power Control, chapter will apply, except that only revising the introductory text of EIRP corresponds to the maximum stations in the bands 6425–6525 MHz paragraph (a), removing the entry for transmitter power available, not the and 17.7–19.7 GHz are subject to the coordinated transmit power or the nominal 31,000 to 31,300 and footnotes 2 and 3 provision in § 101.103(d) requiring transmit power. from the table in paragraph (a)(1), compliance with § 101.21(f) of this revising paragraphs (a)(5), and the chapter in coordinating frequency usage Note 2 to Paragraph (b): Stations licensed with stations in the fixed satellite introductory text of paragraph (b) to based on an application filed before April 16, read as follows: 2003, in the 2450–2483.5 MHz band, for EIRP service. values exceeding those specified above, may (c) Frequency coordination for all § 74.641 Antenna systems. continue to operate indefinitely in fixed stations in the band 1990–2110 (a) For fixed stations operating above accordance with the terms of their current MHz. For each frequency authorized 2025 MHz, the following standards authorizations, subject to periodic renewal. under this part, the following frequency apply: usage coordination procedures will * * * * * apply: * * * * * 49. Section 74.651 is amended by (1) General requirements. Applicants (5) Pickup stations are not subject to revising paragraphs (a) and (b), are responsible for selecting the the performance standards herein removing paragraphs (c) and (d), and frequency assignments that are least stated. redesignating paragraph (e) as paragraph likely to result in mutual interference (b) All fixed stations are to use (c) to read as follows: with other licensees in the same area. antenna systems in conformance with Applicants may consult local frequency the standards of this section. TV § 74.651 Equipment changes. coordination committees, where they auxiliary broadcast stations are (a) Modifications may be made to an exist, for information on frequencies considered to be located in an area existing authorization in accordance available in the area. Proposed subject to frequency congestion and with §§ 1.929 and 1.947 of this chapter. frequency usage must be coordinated must employ a Category A antenna (b) Multiplexing equipment may be with existing licensees and applicants when: installed on any licensed TV broadcast in the area whose facilities could affect * * * * * STL, TV relay or translator relay station or be affected by the new proposal in 47. Section 74.643 is revised to read without authority from the Commission. terms of frequency interference on as follows: * * * * *

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12772 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

§ 74.655 [Amended] (3) 470.000–608.000 MHz and (c) All requests for special temporary 50. Section 74.655 is amended by 614.000–806.000 MHz. authority of a low power auxiliary removing the last sentence of paragraph All zones 113 km (70 miles) station must include full particulars (a). * * * * * including: licensees name and address, 51. Section 74.661 is amended by 54. Section 74.832 is amended by statement of eligibility, facility revising the table to read as follows: revising paragraphs (e), (g), and (i) to identification number of the associated read as follows: broadcast station (if any), type and § 74.661 Frequency tolerance. manufacturer of equipment, power * * * * * § 74.832 Licensing requirements and output, emission, frequency or procedures. frequencies proposed to be used, Frequency band Frequency * * * * * commencement and termination date, tolerance (e) An application for low power location of proposed operation, and (MHz) (%) auxiliary stations or for a change in an purpose for which request is made 2,025 to 2,110 ...... 1 0.005 existing authorization shall specify the including any particular justification. 2,450 to 2,483.5 ...... 2 0.001 broadcast station, or the network with * * * * * 6,425 to 6,525 ...... 0.005 which the low power broadcast 56. Section 74.870 is added to read as 6,875 to 7,125 ...... 1 0.005 auxiliary facilities are to be principally 12,700 to 13,250 ...... 1 0.005 used as given in paragraph (h) of this follows: 17,700 to 18,820 ...... 0.003 section; or it shall specify the motion § 74.870 Wireless video assist devices. 18,920 to 19,700 ...... 0.003 picture or television production Television broadcast auxiliary 1 company or the cable television Television translator relay stations shall licensees and motion picture and maintain a frequency tolerance of 0.002%. operator with which the low power 2 television producers, as defined in Stations licensed pursuant to an applica- broadcast auxiliary facilities are to be tion filed before March 17, 2005, for tolerance § 74.801 may operate wireless video solely used. A single application, filed values exceeding those specified above, may assist devices on a non-interference on FCC Form 601 may be used in continue to operate indefinitely in accordance basis on VHF and UHF television with the terms of their current authorizations, applying for the authority to operate one channels to assist with production subject to periodic renewal. Existing equip- or more low power auxiliary units. The ment and equipment of product lines in pro- activities. application must specify the frequency duction before April 16, 2003, authorized via (a) The use of wireless video assist certification or verification before March 17, bands which will be used. Motion 2005, for tolerance values exceeding those picture producers, television program devices must comply with all provisions specified above, may continue to be manufac- producers, and cable television of this subpart, except as indicated in tured and/or marketed, but may not be author- operators are required to attach a single paragraphs (b) through (i) of this ized for use under station license except at section. stations licensed pursuant to an application sheet to their application form filed before March 17, 2005. Any non-con- explaining in detail the manner in (b) Wireless video assist devices may forming equipment authorized under a station which the eligibility requirements given only be used for scheduled productions. license, and replaced on or after March 17, in paragraph (a) of this section are met. They may not be used to produce live 2005, must be replaced by conforming events and may not be used for equipment. * * * * * (g) Low power auxiliary licensees electronic news gathering purposes. 52. Section 74.801 is amended by shall specify the maximum number of (c) Wireless video assist devices may adding a definition for Wireless assist units that will be operated. operate with a bandwidth not to exceed video device in alphabetical order to 6 MHz on frequencies in the bands 180– * * * * * read as follows: (i) In case of permanent 210 MHz (TV channels 8–12) and 470– 698 MHz (TV channels 14–51) subject to § 74.801 Definitions. discontinuance of operations of a station licensed under this subpart, the licensee the following restrictions: * * * * * (1) The bandwidth may only occupy Wireless assist video device. An shall cancel the station license using a single TV channel. auxiliary station authorized and FCC Form 601. For purposes of this operated by motion picture and section, a station which is not operated (2) Operation is prohibited within the television program producers pursuant for a period of one year is considered to 608–614 MHz (TV channel 37) band. to the provisions of this subpart. These have been permanently discontinued. (3) Operation is prohibited within 129 stations are intended to transmit over * * * * * km of a television broadcasting station, including Class A television stations, distances of approximately 300 meters 55. Section 74.833 is amended by low power television stations and for use as an aid in composing camera revising paragraphs (b) and (c) to read translator stations. shots on motion picture and television as follows: sets. (4) For the area and frequency 53. Section 74.802 is amended by § 74.833 Temporary authorizations. combinations listed in the table below, revising paragraph (b)(3) to read as * * * * * operation is prohibited within the follows: (b) A request for special temporary distances indicated from the listed authority for the operation of a remote geographic coordinates. § 74.802 Frequency assignment. pickup broadcast station must be made Note to the following table: All coordinates * * * * * in accordance with the procedures of are referenced to the North American Datum (b) * * * § 1.931(b) of this chapter. of 1983.

Excluded Excluded channels Area North latitude West longitude frequencies (MHz) 200 km 128 km 52 km

Boston, MA ...... 42°21′24.4″ 71°03′23.2″ 470–476 14 ...... 476–482 ...... 15 ...... 482–488 16 ......

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12773

Excluded Excluded channels Area North latitude West longitude frequencies (MHz) 200 km 128 km 52 km

488–494 ...... 17 ...... Chicago, IL ...... 41°52′28.1″ 87°38′ 22.2″ 470–476 14 ...... 476–482 15 ...... 482–488 ...... 16 ...... Cleveland, OH1 ...... 41°29′51.2″ 81°41′49.5″ 470–476 14 ...... 476–482 ...... 15 ...... 482–488 16 ...... 488–494 ...... 17 ...... Dallas/Fort Worth, TX ...... 32°47′09.5″ 96°47′38.0″ 476–482 ...... 15 ...... 482–488 16 ...... 488–494 ...... 17 ...... Detroit, MI 1 ...... 42°19′48.1″ 83°02′56.7″ 470–476 ...... 14 ...... 476–482 15 ...... 482–488 ...... 16 ...... 488–494 17 ...... Gulf of Mexico ...... 476–494 ...... 15, 16, 17 Hawaii ...... 488–494 ...... 17 Houston, TX ...... 29°45′26.8″ 95°21′37.8″ 482–488 ...... 16 ...... 488–494 17 ...... 494–500 ...... 18 ...... Los Angeles, CA ...... 34°03′15.0″ 118°14′31.3″ 470–476 14 ...... 476–482 ...... 15 ...... 482–488 16 ...... 488–494 ...... 17 ...... 500–506 ...... 19 ...... 506–512 20 ...... 512–518 ...... 21 ...... Miami, Fl ...... 25°46′38.4″ 80°11′31.2″ 470–476 14 ...... 476–482 ...... 15 ...... New York/N.E. New Jersey ...... 40°45′06.4″ 73°59′37.5″ 470–476 14 ...... 476–482 15 ...... 482–488 16 ...... 488–494 ...... 17 ...... Philadelphia, PA ...... 39°56′58.4″ 75°09′19.6″ 494–500 ...... 18 ...... 500–506 19 ...... 506–512 20 ...... 512–518 ...... 21 ...... Pittsburgh, PA ...... 40°26′19.2″ 79°59′59.2″ 470–476 14 ...... 476–482 ...... 15 ...... 488–494 ...... 17 ...... 494–500 18 ...... 500–506 ...... 19 ...... San Francisco/Oakland, CA ...... 37°46′38.7″ 122°24′43.9″ 476–482 ...... 15 ...... 482–488 16 ...... 488–494 17 ...... 494–500 ...... 18 ...... Washington D.C./MD/VA ...... 38°53′51.4″ 77°00′31.9″ 482–488 ...... 16 ...... 488–494 17 ...... 494–500 18 ...... 500–506 ...... 19 ...... 1 The distance separation requirements are not applicable in these cities until further order from the Commission.

(d) Wireless video assist devices are (f)(1) A license for a wireless video operation, licensees must notify all limited to a maximum of 250 milliwatts assist device will authorize the license adjacent channel TV stations within 161 ERP and must limit power to that holder to use all frequencies available km (100 mi) of the proposed operating necessary to reliably receive a signal at for wireless video assist devices, subject area. a distance of 300 meters. Wireless video to the limitations specified in this (1) Notification must be made at least assist devices must comply with the section. 10 working days prior to the date of emission limitations of § 74.637. (2) Licensees may operate as many intended transmission. (2) Notifications must include: (e) The antenna of a wireless video wireless video assist devices as necessary, subject to the notification (i) Frequency or frequencies. assist device must be attached to the (ii) Location. procedures of this section. transmitter either permanently, or by (iii) Antenna height. means of a unique connector designed (g) Notification procedure. Prior to the (iv) Emission type(s). to allow replacement of authorized commencement of transmitting, (v) Effective radiated power. antennas but prevent the use of licensees must notify the local (vi) Intended dates of operation. unauthorized antennas. When broadcasting coordinator of their intent (vii) Licensee contact information. transmitting, the antenna must not be to transmit. If there is no local (3)(i) Failure of a local coordinator to more that 10 meters above ground level. coordinator in the intended area of respond to a notification request prior to

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12774 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

the intended dates of operation consist of a continuous transmission or allowed for response to a coordination indicated on the request will be intermittent transmissions pertaining to notification may be less than 30 days if considered as having the approval of the a single event. the parties agree. Coordination of all coordinator. In this case, licensees must (b) Each wireless video assist device, frequency assignments for all mobile in addition notify all co-channel and when transmitting, must transmit (temporary fixed) stations in all bands adjacent channel TV stations within 161 station identification at the beginning above 2110 MHz, except the bands km (100 mi) of the proposed operating and end of each period of operation. 6425–6525 MHz and 17.7–19.7 GHz, area. This notification is for information Identification may be made by will be conducted in accordance with purposes only and will not enable TV transmitting the station call sign by the procedure established in paragraph stations to prevent a WAVD from visual or aural means or by automatic (b) of this section or with the procedure operating, but is intended to help transmission in international Morse in paragraph (d) of this section. identify the source of interference if any telegraphy. Coordination of all frequency is experienced after a WAVD begins (1) A period of operation is defined as assignments for all fixed stations in the operation. a single uninterrupted transmission or a band 1990–2110 MHz will be in (ii) If there is no local coordinator in series of intermittent transmissions from accordance with the procedure the intended area of operation, failure of a single location. established in paragraph (c) of this any adjacent channel TV station to (2) Station identification shall be section. Coordination of all frequency respond to a notification request prior to performed in a manner conducive to assignments for all mobile (temporary the intended dates of operation prompt association of the signal source fixed) stations in the band 1990–2110 indicated on the request will be with the responsible licensee. In MHz will be conducted in accordance considered as having the approval of the exercising the discretion provide by this with the procedure in paragraph (d) of TV station. rule, licensees are expected too act in a this section. (4) Licensees must operate in a responsible manner to assure that result. (b) Frequency coordination for all manner consistent with the response of fixed stations in all bands above 2110 the local coordinator, or, if there is no PART 78—CABLE TELEVISION RELAY MHz, and for all mobile (temporary local coordinator in the intended area of SERVICE fixed) stations in the bands 6425–6525 operation, the responses of the adjacent MHz and 17.7–19.7 GHz. For each channel TV stations. Disagreements may 58. The authority citation for part 78 frequency authorized under this part, be appealed to the Commission. continues to read as follows: the interference protection criteria in However, in those instances, the Authority: Secs. 2, 3, 4, 301, 303, 307, 308, § 101.105(a), (b), and (c) of this chapter licensee will bear the burden of proof 309, 48 Stat., as amended, 1064, 1065, 1066, and the following frequency usage and proceeding to overturn the 1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152, coordination procedures will apply: recommendation of the local 153, 154, 301, 303, 307, 308, 309. (1) General requirements. Proposed coordinator or the co-channel or frequency usage must be prior adjacent channel TV station. 59. Section 78.18 is amended by coordinated with existing licensees, (h) Licenses for wireless video assist revising paragraph (l) to read as follows: permittees, and applicants in the area, devices may not be transferred or § 78.18 Frequency assignments. and other applicants with previously assigned. filed applications, whose facilities could * * * * * (i) The product literature that affect or be affected by the new proposal (l) The band 13.15–13.20 GHz is manufacturers include with a wireless in terms of frequency interference on reserved for the assignment of CARS assist video device must contain active channels, applied-for channels, or information regarding the requirement Pickup and Television Pickup stations channels coordinated for future growth. for users to obtain an FCC license, the on a primary co-equal basis within 50 Coordination must be completed prior requirement that stations must locate at kilometers of the television markets to filing an application for regular least 129 kilometers away from a co- defined in § 76.53 of this chapter. The authorization, or a major amendment to channel TV station, the limited class of band 13.20–13.2125 GHz is reserved a pending application, or any major users that may operate these devices, exclusively for the assignment of modification to a license. In the authorized uses, the need for users Television Pickup stations on a primary coordinating frequency usage with to obtain a license, and the requirement basis. Fixed stations licensed prior to stations in the fixed satellite service, that a local coordinator (or adjacent April 16, 2003, may continue operation applicants for stations in the bands channel TV stations, if there is no local under their current status on channels 6425–6525 MHz and 17.7–19.7 GHz coordinator) must be notified prior to in the 13.15–13.2125 GHz band, subject must also comply with the requirements operation. to periodic license renewals. of § 101.21(f). In engineering a system or 57. Section 74.882 is revised to read * * * * * modification thereto, the applicant as follows: 60. Section 78.36 is revised to read as must, by appropriate studies and follows: analyses, select sites, transmitters, § 74.882 Station identification. antennas and frequencies that will avoid (a) For transmitters used for voice § 78.36 Frequency coordination. interference in excess of permissible transmissions and having a transmitter (a) Coordination of all frequency levels to other users. All applicants and output power exceeding 50 mW, an assignments for fixed stations in all licensees must cooperate fully and make announcement shall be made at the bands above 2110 MHz, and for mobile reasonable efforts to resolve technical beginning and end of each period of (temporary fixed) stations in the bands problems and conflicts that may inhibit operation at a single location, over the 6425–6525 MHz and 17.7–19.7 GHz, the most effective and efficient use of transmitting unit being operated, will be in accordance with the the radio spectrum; however, the party identifying the transmitting unit’s call procedure established in paragraph (b) being coordinated with is not obligated sign or designator, its location, and the of this section, except that the prior to suggest changes or re-engineer a call sign of the broadcasting station or coordination process for mobile proposal in cases involving conflicts. name of the licensee with which it is (temporary fixed) assignments may be Applicants should make every being used. A period of operation may completed orally and the period reasonable effort to avoid blocking the

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12775

growth of systems as prior coordinated. transmit power, and nominal transmit (viii) Where a number of technical The applicant must identify in the power. changes become necessary for a system application all entities with which the Note to Paragraph (b)(2)(ii): The position during the course of coordination, an technical proposal was coordinated. In location of antenna sites shall be determined attempt should be made to minimize the the event that technical problems are to an accuracy of no less than ±1 second in number of separate notifications for not resolved, an explanation must be the horizontal dimensions (latitude and these changes. Where the changes are submitted with the application. Where longitude) and ±1 meter in the vertical incorporated into a completely revised technical problems are resolved by an dimension (ground elevation) with respect to notice, the items that were changed agreement or operating arrangement the National Spacial Reference System. from the previous notice should be between the parties that would require (iii) For transmitters employing digital identified. When changes are not special procedures be taken to reduce modulation techniques, the notification numerous or complex, the party the likelihood of interference in excess should clearly identify the type of receiving the changed notification of permissible levels (such as the use of modulation. Upon request, additional should make an effort to respond in less artificial site shielding) or would result details of the operating characteristics of than 30 days. When the notifying party in a reduction of quality or capacity of the equipment must also be furnished; believes a shorter response time is either system, the details thereof may be (iv) Response to notification should reasonable and appropriate, it may be contained in the application. be made as quickly as possible, even if helpful for that party to so indicate in (2) Coordination procedure guidelines no technical problems are anticipated. the notice and perhaps suggest a are as follows: Any response to notification indicating response date; (i) Coordination involves two separate potential interference must specify the (ix) If, after coordination is elements: Notification and response. technical details and must be provided successfully completed, it is determined Both or either may be oral or in written to the applicant, in writing, within the that a subsequent change could have no form. To be acceptable for filing, all 30-day notification period. Every impact on some parties receiving the applications and major technical reasonable effort should be made by all original notification, these parties must amendments must certify that be notified of the change and of the applicants, permittees and licensees to coordination, including response, has coordinator’s opinion that no response eliminate all problems and conflicts. If been completed. The names of the is required; no response to notification is received licensees, permittees and applicants (x) Applicants, permittees and with which coordination was within 30 days, the applicant will be licensees should supply to all other accomplished must be specified. If such deemed to have made reasonable efforts applicants, permittees and licensees notice and/or response is oral, the party to coordinate and may file its within their areas of operations, the providing such notice or response must application without a response; name, address and telephone number of supply written documentation of the (v) The 30-day notification period is their coordination representatives. Upon communication upon request; calculated from the date of receipt by request from coordinating applicants, (ii) Notification must include relevant the applicant, permittee, or licensee permittees and licensees, data and technical details of the proposal. At being notified. If notification is by mail, information concerning existing or minimum, this should include, as this date may be ascertained by: proposed facilities and future growth applicable, the following: (A) The return receipt on certified plans in the area of interest should be (A) Applicant’s name and address, mail; furnished unless such request is (B) Transmitting station name, (B) The enclosure of a card to be dated unreasonable or would impose a (C) Transmitting station coordinates, and returned by the recipient; or significant burden in compilation; (D) Frequencies and polarizations to (C) A conservative estimate of the (xi) Parties should keep other parties be added, changed or deleted, time required for the mail to reach its with whom they are coordinating (E) Transmitting equipment type, its destination. In the last case, the advised of changes in plans for facilities stability, actual output power, emission estimated date when the 30-day period previously coordinated. If applications designator, and type of modulation would expire should be stated in the have not been filed 6 months after (loading), notification. coordination was initiated, parties may (F) Transmitting antenna type(s), (vi) An expedited prior coordination assume that such frequency use is no model, gain and, if required, a radiation period (less than 30 days) may be longer desired unless a second pattern provided or certified by the requested when deemed necessary by a notification has been received within 10 manufacturer, notifying party. The coordination notice days of the end of the 6 month period. (G) Transmitting antenna center line should be identified as ‘‘expedited’’ and Renewal notifications are to be sent to height(s) above ground level and ground the requested response date should be all originally notified parties, even if elevation above mean sea level, clearly indicated. However, coordination has not been successfully (H) Receiving station name, circumstances preventing a timely (I) Receiving station coordinates, completed with those parties; and (J) Receiving antenna type(s), model, response from the receiving party (xii) Any frequency reserved by a gain, and, if required, a radiation pattern should be accommodated accordingly. It licensee for future use in the bands provided or certified by the is the responsibility of the notifying subject to this part must be released for manufacturer, party to receive written concurrence (or use by another licensee, permittee, or (K) Receiving antenna center line verbal, with written to follow) from applicant upon a showing by the latter height(s) above ground level and ground affected parties or their coordination that it requires an additional frequency elevation above mean sea level, representatives. and cannot coordinate one that is not (L) Path azimuth and distance, (vii) All technical problems that come reserved for future use. (M) Estimated transmitter to light during coordination must be (c) Frequency coordination for all transmission line loss expressed in dB, resolved unless a statement is included fixed stations in the band 1990–2110 (N) Estimated receiver transmission with the application to the effect that MHz. For each frequency authorized line loss expressed in dB, the applicant is unable or unwilling to under this part, the following frequency (O) For a system utilizing ATPC, resolve the conflict and briefly the usage coordination procedures will maximum transmit power, coordinated reason therefore; apply:

VerDate Jan<31>2003 16:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 12776 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations

(1) General requirements. Applicants (2) To be acceptable for filing, all assignments that are least likely to result are responsible for selecting the applications for regular authorization, or in mutual interference with other frequency assignments that are least major amendment to a pending licensees in the same area. Applicants likely to result in mutual interference application, or major modification to a may consult local frequency with other licensees in the same area. license, must include a certification coordination committees, where they Applicants may consult local frequency attesting that all co-channel and exist, for information on frequencies coordination committees, where they adjacent-channel licensees and available in the area. In selecting exist, for information on frequencies applicants potentially affected by the frequencies, consideration should be available in the area. Proposed proposed fixed use of the frequency(ies) given to the relative location of receive have been notified and are in agreement frequency usage must be coordinated points, normal transmission paths, and with existing licensees and applicants that the proposed facilities can be the nature of the contemplated in the area whose facilities could affect installed without causing harmful or be affected by the new proposal in interference to those other licensees and operation. terms of frequency interference on applicants. 61. Section 78.101 is amended by active channels, applied-for channels, or (d) Frequency coordination for all revising the table in paragraph (a) and channels coordinated for future growth. mobile (temporary fixed) stations in all adding paragraph (c) to read as follows: Coordination must be completed prior bands above 1990 MHz, except the to filing an application for regular bands 6425–6525 MHz and 17.7–19.7 § 78.101 Power limitations. authorization, for major amendment to a GHz. For each frequency authorized (a) * * * pending application, or for major under this part, applicants are modification to a license. responsible for selecting the frequency

Maximum al- Maximum allowable EIRP 1,2 Frequency band lowable trans- (MHz) mitter power— Fixed (dBW) Mobile (dBW) mobile (W)

2,025 to 2,110 ...... 20.0 ...... +35 6,425 to 6,525 ...... 20.0 ...... +35 6,875 to 7,125 ...... 20.0 ...... +35 12,700 to 13,250 ...... 1.5 +55 +45 17,700 to 18,600 ...... +55 ...... 18,600 to 18,8001 ...... +35 ...... 18,800 to 19,700 ...... +55 ...... 1 The power delivered to the antenna is limited to ¥3 dBW. 2 Stations licensed based on an application filed before April 16, 2003, for EIRP values exceeding those specified above, may continue to op- erate indefinitely in accordance with the terms of their current authorizations, subject to periodic renewal.

* * * * * 64. Section 78.106 is revised to read B = The actual path length in (c) The EIRP of transmitters that use as follows: kilometers. Automatic Transmitter Power Control § 78.106 Interference to geostationary- Note to Paragraph (b): For transmitters (ATPC) shall not exceed the EIRP satellites. using Automatic Transmitter Power Control, specified on the station authorization. EIRP corresponds to the maximum Applicants and licensees must The EIRP of non-ATPC transmitters transmitter power available, not the comply with § 101.145 of this chapter to coordinated transmit power or the nominal shall be maintained as near as minimize the potential of interference to transmit power. practicable to the EIRP specified on the geostationary-satellites. station authorization. * * * * * 65. Section 78.108 is amended by § 78.103 [Amended] revising paragraph (b) to read as follows: § 78.111 [Amended] 66. Section 78.111 is amended by 62. Section 78.103 is amended by § 78.108 Minimum path lengths for fixed removing the entry for 31,000 to 31,300 links. removing the entry for 31,000 to 31,300 from the table. from the table in paragraph (e). * * * * * 63. Section 78.105 is amended by (b) For paths shorter than those PART 101—FIXED MICROWAVE revising the introductory text for specified in the Table, the EIRP shall SERVICES paragraph (a), removing the entries for not exceed the value derived from the 31,000 to 31,300 and 38,600 to 40,000 following equation. 67. The authority citation for part 101 continues to read as follows: and footnotes 2 and 3 from the table in EIRP = MAXEIRP ¥ 40 log(A/B) dBW paragraph (a)(1) removing paragraph Authority: 47 U.S.C. 154, 303. (a)(4) and by redesignating paragraph Where: 68. Section 101.113 is amended by (a)(5) as paragraph (a)(4) to read as EIRP = The new maximum EIRP revising the column headings and the follows: (equivalent isotropically radiated entry for the 12,700–13,250 and adding power) in dBW. § 78.105 Antenna systems. 13,200–13,250 MHz frequency band in MAXEIRP = Maximum EIRP as set forth the table in paragraph (a) to read as (a) For fixed stations operating in the in the Table in § 74.636 of this part. follows: 12.7–13.2 GHz and 17.7–19.7 GHz A = Minimum path length from the bands, the following standards apply: Table above for the frequency band in § 101.113 Transmitter power limitations. * * * * * kilometers. (a) * * *

VerDate Jan<31>2003 14:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2 Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules and Regulations 12777

Maximum allow- § 101.145 Interference to geostationary- service to television broadcast stations, 1,2 satellites. Frequency band able EIRP television broadcast network-entities, These limitations are necessary to (MHz) 1 2 cable system operators, and cable Fixed , Mobile minimize the probability of harmful (dBW) (dBW) network-entities. * * * interference to reception in the bands * * * * * 2655–2690 MHz, 5925–7075 MHz, and 12.7–13.25 GHz on board geostationary- 71. Section 101.807 is revised to read ***** as follows: 12,700–13,200 4 ...... +50 ...... space stations in the fixed-satellite 13,200–13,250 4 ...... +55 ...... service. § 101.807 Transmitter power. * * * * * Stations in this service will not be ***** (b) 2655 to 2690 MHz and 5925 to authorized to use transmitters having a 7075 MHz. *** 1 rated power output in excess of the Per polarization. (c) 12.7 to 13.25 GHz. *** 2 For multiples address operations, see limits set forth in § 101.113(b) and a § 101.147. Remote alarm units that are part of * * * * * standby transmitter having a rated a multiple address central station protection 70. Section 101.803 is amended by power output in excess of that of the system are authorized a maximum of 2 watts. revising the first sentence of paragraph main transmitter with which it is ***** (b) to read as follows: associated will not be authorized. As an 69. Section 101.145 is amended by § 101.803 Frequencies. exception, operations on frequencies listed in §§ 74.602(a), 78.18(a)(6), and revising the introductory text, and the * * * * * 78.18(a)(7) of this chapter are subject to first sentence of paragraphs (b) and (c) (b) Communications common carriers the power limitations of §§ 74.636 and to read as follows: in the Local Television Transmission 78.101(a). Service may be assigned frequencies listed in §§ 74.602(a), 78.18(a)(6), and [FR Doc. 03–4176 Filed 3–14–03; 8:45 am] 78.18(a)(7) of this chapter to provide BILLING CODE 6712–01–P

VerDate Jan<31>2003 14:25 Mar 14, 2003 Jkt 200001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR2.SGM 17MRR2