Federal Communications Commission 47 CFR Parts 1, 2, 15, Et Al
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Wednesday, October 13, 2010 Part II Federal Communications Commission 47 CFR Parts 1, 2, 15, et al. WRC–07 Table Clean-up Order; Final Rule VerDate Mar<15>2010 20:03 Oct 12, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\13OCR2.SGM 13OCR2 emcdonald on DSK2BSOYB1PROD with RULES2 62924 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Rules and Regulations FEDERAL COMMUNICATIONS Commission implements these condition that for a U.S. footnote to be COMMISSION amendments to the Allocation Table placed to the right of the service with the assistance and concurrence of allocation name in the Federal Table, 47 CFR Parts 1, 2 15, 25, 73, and 90 the National Telecommunications and the U.S. footnote must contain a [DA 10–762] Information Administration (NTIA). stipulation that is applicable to Federal This action serves as a prelude to a operations. Similarly, for a U.S. footnote WRC–07 Table Clean-up Order rulemaking proceeding that the to be placed to the right of the service Commission anticipates initiating in the allocation name in the non-Federal AGENCY: Federal Communications near future to address substantive Table, the U.S. footnote must contain a Commission. changes to the United States Table of stipulation that is applicable to non- ACTION: Final rule. Frequency Allocations (U.S. Table) that Federal operations. As an example, will be necessary to implement the US13 provides for non-Federal use of 48 SUMMARY: This document makes non- WRC–07 Final Acts. frequencies in 3 Federal bands substantive, editorial revisions to the (162.0125–173.2, 406.1–410, and 410– Discussion Table of Frequency Allocations 420 MHz). Under the Commission’s (Allocation Table), and to various other A. Updates to Display Format of the current policy, US13 is placed at the Commission rules. The purpose of this Allocation Table bottom of the cell in the non-Federal action is to update and clarify the Table, but is placed to the right of the Frequency Nomenclature Allocation Table, to remove obsolete fixed service (FS) allocation entry in the and outdated provisions from the 1. In Radio Regulation No. 2.1 of the Federal Table, i.e., ‘‘FIXED US13.’’ Commission’s rules, and to ensure that 2008 Edition of the ITU Radio Because US13 provides only for non- the Allocation Table and related rules Regulations, frequencies are expressed Federal use, however, the Commission are consistent with the Commission’s in kilohertz (kHz) up to and including believes it is misleading that US13 is decisions in recent rulemaking ‘‘3 000’’ kHz (i.e., 3,000 kHz). In placed to the right of the Federal FS proceedings. accordance with ITU Radio Regulation allocation entry. Accordingly, the DATES: Effective October 13, 2010. No. 2.1, the Commission’s Allocation Commission modifies its U.S. footnote Table is revised by expressing FOR FURTHER INFORMATION CONTACT: Tom display policy, as described in the frequencies in the High Frequency (HF) Mooring, Office of Engineering and Order, to account for such a scenario. spectrum from 3025 to 27500 kHz in Technology, (202) 418–2450, e-mail: Consequently, the Commission moves megahertz (MHz), i.e., from 3.025 to [email protected], TTY (202) 418– US13 to the bottom of the cell in the 27.5 MHz. This action simplifies the 2989. Federal Table. Similarly, the Allocation Table, minimizes a style Commission moves US319 (which SUPPLEMENTARY INFORMATION: This is a difference between the ITU Allocation restricts Federal use of certain mobile- summary of the Commission’s Order, Table and the Commission’s Allocation satellite service (MSS) allocations to DA 10–762, adopted July 20, 2010 and Table and should help avoid any earth stations operating with non- released July 21, 2010. The full text of confusion. WRC–07 added an Federal space stations) to the bottom of this document is available for explanatory note to the ITU Radio the cell in the non-Federal Table in the inspection and copying during normal Regulations allowing reasonable bands 148–149.9, 400.15–401, and business hours in the FCC Reference departures from this style convention 2483.5–2500 MHz. Center (Room CY–A257), 445 12th where it would pose serious difficulties Street, SW., Washington, DC 20554. The (ITU Radio Regulation No. 2.1). Thus, in Basing Domestic Footnote Numbers on complete text of this document also may this Order, the explanatory note is Frequency Order be purchased from the Commission’s reproduced in § 2.101(b). 4. The Commission’s practice for copy contractor, Best Copy and Printing, adding domestic (i.e., U.S., non-Federal, Inc., 445 12th Street, SW., Room CY– Placement of U.S. Footnotes and Federal) footnotes to the U.S. Table B402, Washington, DC 20554. The full 2. In the First Table Clean-up Order, has generally been to number these text may also be downloaded at: http:// the Commission adopted the ITU’s footnotes in ascending order, based www.fcc.gov. placement methodology for footnote solely on the date when the footnote references in the U.S. Table. Thus, was adopted (i.e., in chronological Summary of the Order footnote references which appear in the order). As a result, because there are 1. By this action the Commission U.S. Table under the allocated services currently only 176 actual U.S. footnotes amends parts 1, 2, 15, 25, 73, and 90 of in a band apply to more than one of the to the U.S. Table within the existing the Commission’s rules in order to make allocated services. Footnote references range of U.S. footnote numbers (i.e., 1– non-substantive, editorial revisions to which appear to the right of a service 402) there are 226 unused U.S. footnote the Table of Frequency Allocations allocation name are applicable only to numbers. (Allocation Table), related rule sections that particular service. The Commission 5. International footnotes to the ITU in part 2, and certain service rules. This continues to believe that associating a Allocation Table, however, are action is not intended to modify or footnote reference with its pertinent organized and numbered in frequency otherwise change any licensee’s service will assist readers in more easily order (i.e., footnotes are numbered underlying legal rights and/or understanding the restrictions and/or according to the relative place in the responsibilities. In particular, the other information pertaining to that radio spectrum of the frequency(ies) to Commission updates the International allocation. which they refer). For example, Table of Frequency Allocations 3. At NTIA’s request, however, the currently the first international footnote (International Table) within the Commission makes a refinement to its (RR 5.53) concerns operations below 9 Allocation Table so that it reflects the U.S. footnote placement policy. kHz and the last international footnote allocation changes that were made at the Specifically, in the case of bands with (RR 5.565) concerns operations in the World Radiocommunication Conference the same service allocation name listed band 275–1000 GHz. Generally, when a (Geneva, 2007) (WRC–07), which can be in both the Federal and non-Federal World Radiocommunication Conference found in the WRC–07 Final Acts. The Tables, the Commission adds the adopts a new international footnote, the VerDate Mar<15>2010 20:03 Oct 12, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\13OCR2.SGM 13OCR2 emcdonald on DSK2BSOYB1PROD with RULES2 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Rules and Regulations 62925 Conference adds the footnote to the ITU there is not an existing domestic place-holder footnotes that replicate the Allocation Table between two existing footnote with the same number as the pre-WRC–07 text of four international footnotes, and, if necessary, it appends related international footnote). For footnotes which WRC–07 either a letter (or multiple letters) to the lower- example, for the place-holder footnotes modified or suppressed; revised adjacent footnote’s number in order to discussed in this Order, the Commission versions of US217 and US229; the not disturb the existing frequency order bases the numbering on the related combination of US7 and NG135 into a and footnote numbering (e.g., WRC–07 international footnote’s number. For single footnote (US270); and the added RR 5.430A between RR 5.430 and modified domestic footnotes, the combination of US269 and US311 into RR 5.431). However, in some cases, a Commission will consider in the a single footnote (US385). Conference may decide to renumber an associated proceeding whether to B. Updates to International Table international footnote in order to renumber the footnote with a related preserve the sequential order. For international footnote’s number. The 9. In this Order, the Commission example, WRC–07 added three bands Commission believes this action will updates the International Table to (137–138, 387–390, and 400.15–410 assist both the public and spectrum reflect Article 5, Section IV of the ITU MHz) to RR 5.347A which are under the managers by improving the organization Radio Regulations, Edition of 2008, lowest band that was listed in RR and readability of the U.S. Table and by except as described herein. During our 5.347A prior to WRC–07 (i.e., 1452– ‘‘pointing to’’ the international footnote preparation of this Order, the 1492 MHz). Consequently, WRC–07 on which, in part, the domestic footnote Commission discovered several display renumbered RR 5.347A as RR 5.208B. In is based. Consequently, the Commission errors in the ITU Allocation Table. Appendix B, the complete list of active amends the domestic footnote Consistent with past practice, the international footnotes is shown.