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ET Docket 97-214 Attachment C

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ET Docket 97-214 Attachment C SBE Comments: ET Docket 97 -214 Attachment C: SBE Correspondence with U.S. State Department Hon. William Jahn Page Two August 29, 1995 -. The 455-456 MHz band is allocated in Region ~. for Fixed and Mobile services, and in the united states for non-government land mobile purposes. It is used in the United states for Part 74 Broadcast Auxiliary Services. It is used extensively and intensively by the broadcast industry, together with the 450-451 MHz bands for remote pickup uses. Radio, television and broadcast network entities use these frequenci~* for a variety of purposes, including ongoing traffic reporting. Auxiliary broadcast services are used by radio stations, broadcast networks and cable entities for the transmission of material from the scene of events back to studies; communications related to production of remote programming that the public is accustomed to receiving regularly; technical support including cues, orders, dispatch instructions, frequency coordination, establishing nicrowave links, telemetry, control and a rr.yriad of other uses in support of the broadcast "product". Procedural conCerns. T~ough this 15 not the direct concern of the delegation, FCC adopted the proposal of the MSS industry for the allocation of 455-456 ~Hi for MS5 service uplinks in its June 15, 1995 Reoort without adequate notice and Co~~ent. The Co~nission issued two notices of inquiry in Ie DOCKet 94-31, neither of Which ~ade any reference to the allocation of 455-456 MHz for MS5 below 1 GHz.' It established a co~ment date for com~ents on the Second Notice of Inquiry of March 6, 1995 and reply comments March 21, 1995. The Commission subsequently extended the reply comment period to and including April 14, 1995. By that date, no proposal had apparently been made for any use of 455-456 MHz for MSS or otherwise. ~ore than a month later, on Kay 18, 1995, a group of eight MSS proponents filed joint "supplemental» reply com~ents, for the first time proposing the 455-456 MHz and other bands for M55 reallocation. No public notice of this filing was given by fCC, and no party was afforded an opportunity to comment on these entirely new proposals by the MSS industry. Instead, less than a month thereafter, FCC adopted the Report .... hich included the proposed allocation. Indeed, it appears that the M5S proponents had, by the time of the last IWG-2 rr.eeting, no acceptable candidate MSS bands because inadequate studies had been done to establish any. Because of the inability of the MSS proponents to establish an acceptable allocation plan at NTIA, and because there 'Were no allocations agreed upon by the time of the CPM-95 preparatory 1 See, the Notice of Inquiry, 9 FCC Red. 2430 (1994) and the Second Notice of Inquiry, 10 FCC Red. 4169 (1995). @ 971101 ~ SOCIETY OF BROADCAST ENGINEERS, INC. Attachment C, Page 2 Indianapolis, Indiana SBE Comments: ET Docket 97-214 Attachment C: SBE Correspondence with U.S. State Department Hon. William Jahn Page Three August 29, 1995 meeting, the MSS proponents adopted a "shotgun" al?proach at FCC, and FCC, without critical analysis, agreed to part of it. The clearly better course, since the FCC could not have responsibly adopted the instant plan without further notice and comment rule making, would be to defer ccnsideration of MSS allocations at h~C­ 95 pending further study. The only reasonable means of proceeding is to complete necessary studies" before making allocation decisions, rather than the other way around. FCC did not proceed that way, however, and the WKC-95 delegation should consider the matter anew. substantive concerns. contrary to the sUbjective, and demonstrably incorrect nature of the allegations of the MSS proponents, the 455-456 MHz band is heavily occupied. Peak channel loading in all major markets, and most smaller markets is extremely high, and there is no possibility of reaccommodation of displaced facilities shOUld the inevitable interference from MSS uplinks occur. MSS proponents urged that little interference would occur from MSS uplinks to broadcast auxiliary RPU facilities due to unquantified "le',,"," duty cycles, "brief" message durations, allegedly "polite" protocols, and unregulated "geographic separation". These terms ".. ere completely unsubstantiated, and r~vealed ~hy the MSS proponents were unsuccessful at the working group level. They suggested that their review of licensing data indicated that the existing usage of this band is very low based on the relatively small number of authorized transmitters in the band (about 54,678 nationwide) and results from monitoring of the frequency (sic)." In SBE's opinion, assuming the correctness of the estimate of licensees, 54,678 is not a small number of narro~band transmitters. Nor were the frequency monitoring results described or provided. What was lacking in the docurr.ent, and in the engineering study attached, was any compatibility analysis with hypothetical reference circuits. The Broadcasting industry in the t:nited states would be severely harmed by the MSS proposal, now incorporated in the FCC R~port, to allocate the 455-456 MHz band to MSS service uplinks. SEE respectfully requests that the WRC-95 Delegation revisit this issue and not put the proposal forward at the WRC-95 conferer.ce. @ ~ SOCIETY OF BROADCAST ENGINEERS, INC. 971101 Indianapolis, Indiana Attachment C, Page 3 SBE Comments: ET Docket 97-214 Attachment C: SBE Correspondence with U.S. State Department Hon. William Jahn Page Four August 29, 1995 -. Should you have any questions about this matter, we would appreciate the opportunity to provide further information. Please contact our General Counsel, Christopher D. Imlay, of Booth, Freret and Imlay, P.C., at (202) 296-9100 in Washington, or our FCC Liaison Committee Chairman, Dane E. EricKsen, P.E., at Hammett & Edison in Sonoma, California at (707) 996-5200. Yours very truly, (~? 1'\ I.,) JJ Of) \\. Gj/}J.A,~.J/I~L.~. chafles w. Kelly, Jr.,'~ President, SBE cc: scott Blake Harris, Chief International Bureau, FCC All FCC Co~nissioners (by Hand) @ ~ SOCIETY OF BROADCAST ENGINEERS, INC. 971101 Indianapolis. Indiana Attachment C, Page 4 SBE Comments: ET Docket 97-214 Attachment D: SCFCC List of 455-456 MHz BAS Users Frequency Station Type Primary Station Call/Area of Operation 455.0100 P 10 KCBS-TV (W,S,Hollywood) KUPN-TV (0) KMXB-FM (0) KVEC-AM (AD) KABE-FM (B) KVYE-TV (AY) 455.0200 P 10 KLON-FM (Long Beach) KXPT-FM (0) KBAD-AM (0) KXST-FM (AP) KWEZ-FM (Cuesta Peak) KWOH-FM (San Luis Obispo) KRXV-FM (Barstow) KXRS-FM (Hemet) KCLB-AM/FM (Indio) 455.0375 (Mob) KUSI-TV (Mob) KGET-TV 455.0500 (Mob) KABC-AM (Mob) KLOS-FM (Spx) KCBX-FM (AD) 455.0625 (Mob) KUSI-TV 455.0875 (Spx) KCAL-TV (W,P) 455.1125 (Mob) KPBS-TV (Mob) KHSC-TV (Mob) KTBN-TV (Mob) KSCI-TV (Mob) KBAK-TV (Mob) KDOC-TV (Mob) KVVU-TV 455.1375 (Mob) KABC-TV (W) (Mob) KJUG-AM/FM 455.1500 (Mob) KABC-TV (Spx) KOOL-FM (0) 455.1625 (Mob) ABC-TV News (A) 455.1875 (Mob) NBC-TV News (W,Burbank) 455.2125 (Mob) KOGO-AM / KKLQ-FM (Mob) KCAL-TV 455.2300 (Mob) KABC-TV/ABC-TV 455.2375 (Spx) KSDO-AM (San Diego) (Spx) KKBH-FM (San Diego) (Mob) KGDP-AM (Mob) KESQ-TV 455.2500 (Mob) KTLA-TV (Mob) KLAS-TV 455.2625 (Mob) KFMB Radio (Mob) KESO-TV 455.2875 (Mob) KGTV-TV (Mob) KRLA-AM 971101 ~ SOCIETY OF BROADCAST ENGINEERS, INC. Attachment D, Page 1 Indianapolis, Indiana SBE Comments: ET Docket 97-214 Attachment D: SCFCC List of 455-456 MHz BAS Users Frequency Station Type Primary Station CalliArea of Operation (Mob) KLSX-FM (Spx) Skyview Traffic (Q) 455.3000 (Mob) KFTV-TV (Spx) Shadow Traffic (San Diego) 455.3125 (Spx) KCOP-TV (W) 455.3375 (Mob) KFMB-TV 455.3500 (Mob) KTLA-TV (Spx) KMPH-TV (I) 455.3625 (Mob) KGTV-TV 455.3750 (Mob) KRCA-TV 455.3875 (Mob) KNBC-TV 455.4125 (Mob) KABC-TV (W) (Mob) KFMB-TV (Mob) KMPH-TV 455.4375 (Mob) KNSD-TV (Mob) KADY-TV 455.4500 (Spx) KRTH-FM (L) (Spx) KUNV-FM (Q) (Mob) KESQ-AM I KUNA-FM (Spx) KIXW-AM (Apple Valley) (Spx) KZXY-FM (Apple Valley) (Spx) KUTY-AM (AO) (Spx) KLKX-FM (AO) (Spx) KTNQ-AM (W) (Spx) KLVE-FM (W) 455.4625 (Mob) KNSD-TV (Mob) KGET-TV 455.4875 (Mob) KOCE-TV (Mob) KMEX-TV (Mob) KTNV-TV (Mob) KDES-AM I KDES-FM (Mob) KERO-TV 455.5000 (Mob) Metro Traffic (San Diego) 455.5125 (Spx) KORG-AM (Anaheim) (Spx) KEZY-FM (Anaheim) (Spx) KCSN-FM (AH) (Spx) KFWB-AM (L) (Mob) KLVX-TV 455.5250 (Spx) Shadow Traffic (San Diego) 455.5375 (Mob) KNBC-TV 455.5500 (Spx) NBC-TV (Mob) KSWB-TV (Spx) KSUV-FM (McFarland) (Spx) KCBX-FM (AD) (Mob) KFRE-AM I KNAX-FM (Fresno) 455.5625 (Mob) KNBe-TV 455.5875 (Mob) KTTV-TV (Spx) Skyview Traffic (Q) ~ SOCIETY OF BROADCAST ENGINEERS, INC. 971101 Indianapolis, Indiana Attachment D, Page 2 ,".',..._.,.._.._---------------- SBE Comments: ET Docket 97-214 Attachment D: SCFCC List of 455-456 MHz BAS Users Frequency Station Type Primary Station Call/Area of Operation (Mob) KWQH-FM (San Luis Obipso) 455.6125 (Mob) CBS-TV Net (W) (Mob) KTNV-TV 455.6250 (Mob) KTMS-AM (Mob) KHTY-FM (Mob) KFRG-FM (B) 455.6375 (Spx) Metro Traffic (LA) 455.6500 (Mob) KIIS-AM/FM (Spx) KFWB-AM (Los Angeles) (Spx) KCBQ-AM (San Diego) (Spx) KIOZ-FM (San Diego) (Mob) KGAM-AM / KPSI-FM (Spx) KUZZ-AM/FM (R) (Spx) KQSB-AM (J) (Mob) KSFN-AM/KLUC-FM 455.6625 (Mob) KCOY-TV 455.6875 (Mob) KKBH-FM (V) 455.7000 (Mob) KNX-AM (Spx) KNX-AM (O,K,P,S,Torrance) (Mob) KCBS-FM 455.7125 (Mob) Airwatch Comm.
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