Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | ET Docket No. 01‑75          |
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| Revisions to Broadcast Auxiliary | ) | RM‑9418                      |
| Service Rules in Part 74 and     | * |                              |
| Conforming Technical Rules for   | * | RM‑9856                      |
| Broadcast Auxiliary Service,     |   |                              |
| Cable Television Relay Service   | * |                              |
| and Fixed Services in Parts 74,  | * |                              |
| 78 and 101 of the Commission's   | ) |                              |
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| Telecommunications Industry      |   |                              |
| Association, Petition for Rule   | * |                              |
| Making Regarding Digital         | * |                              |
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| Broadcast Auxiliary Service      | * |                              |
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| Alliance of Motion Picture and   |   |                              |
| Television Producers, Petition   | * |                              |
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**[REPORT AND ORDER]{.underline}**

**Adopted: October 30, 2002 Released: November 13, 2002**

By the Commission:

**TABLE OF CONTENTS**

[Subject]{.underline} [Paragraph]{.underline}

I. INTRODUCTION AND EXECUTIVE SUMMARY 1

II\. BACKGROUND 6

III\. DISCUSSION 7

A. BAS Technical Rules (Part 74) and Conforming Technical Rules for
Parts 74, 78 and 101

1\. Digital Modulation in All Television and Aural BAS Bands 8

2\. Maximum Effective Isotropic Radiated Power for Short Paths 21

3\. Transmitter Power 27

4\. Emission Masks 33

5\. Automatic Transmit Power Control 46

6\. Interference to Geostationary Satellites 49

7\. Frequency Coordination 53

8\. Frequency Tolerance 66

9\. Use of the 13.150-13.2125 GHz Band by BAS and CARS Pickup Stations
69

10\. Use of the 31.0‑31.3 GHz and 38.6-40.0 GHz Bands by the BAS and
CARS 72

11\. Antennas 77

B. BAS Service Rules (Part 74)

1\. Temporary Conditional Authority 79

2\. Short Term Operation 82

3\. Use of UHF‑TV Channels for TV STLs and TV Relay Stations 93

4\. TV BAS Sound Channels 101

5\. Remote Pickup Broadcast Auxiliary Frequency Assignment 103

6\. Federal Narrowbanding of 162‑174 MHz Band Land Mobile Frequencies
116

7\. 950 MHz Aural BAS Channel Splits 121

C. Universal Licensing System and BAS 122

1\. Application Procedures and Construction Periods 123

2\. Classification of Filings as Major or Minor 130

3\. Emission Designators 135

D. Additional BAS Issues 138

E. AMPTP Petition 139

1\. Authorization of WAVDS 140

2\. Eligibility, Permitted Use, and Licensing 143

3\. Authorized Frequencies 150

4\. Technical and Operational Requirements 156

IV\. CONCLUSION 162

V. PROCEDURAL MATTERS 163

VI\. ORDERING CLAUSES 165

APPENDICES

A. Final Rules

B. Final Regulatory Flexibility Analysis

C. List of Commenters

# IntrOduction AND EXECUTIVE SUMMARY

1.  In this *Report and Order*, we amend Part 74 of our rules pertaining
    to the Broadcast Auxiliary Services (BAS) to permit BAS stations to
    introduce new technologies and create a more efficient BAS that can
    more readily adapt as the broadcast industry converts to the use of
    digital technology, such as digital television (DTV). We also make
    conforming amendments to Part 73 of our rules pertaining to the
    Radio Broadcast Services, to Part 78 of our rules pertaining to the
    Cable Television Relay Service (CARS),[^1] and to Part 101 of our
    rules pertaining to Fixed Microwave Services (FS). In many cases,
    the BAS, CARS, and FS share frequency bands and have technically and
    operationally similar stations, and our rule changes will permit
    these three services to operate under consistent regulatory
    guidelines.[^2]

2.  Specifically, to conform the BAS, CARS, and FS rules, we:

-   Permit TV and aural BAS stations to use any available digital
    modulation technique in all BAS frequency bands so that BAS stations
    can take advantage of the latest developments in technology and make
    smooth the transition to digital TV and digital radio.

-   Update BAS emission masks to facilitate the introduction of digital
    equipment and to provide consistency with emission masks used in
    Part 101 of the rules.

-   Modify the equation used by BAS and CARS services for determining
    the maximum effective isotropic radiated power (EIRP) for short path
    lengths. This change eliminates the steep reduction in EIRP for BAS
    and CARS path lengths shorter than the minimum.

-   Allow BAS and CARS stations to use automatic transmit power control
    (ATPC) in order to facilitate more efficient spectrum use.

-   Update transmitter power rules for BAS and CARS services to provide
    EIRP limits for all frequency bands.

-   Require TV BAS and CARS services to prior coordinate their frequency
    use when using shared frequency bands to minimize the potential for
    harmful interference occurring when a new station begins
    transmitting.

3.  In addition, we update many other BAS rules and make minor rule
    changes to clarify or fix typographical errors in the existing
    rules. These updates include instituting temporary conditional
    authority for all BAS stations to operate upon filing of a license
    application, provided certain conditions are met; modifying the
    Remote Pickup BAS channel plan to provide compatibility with the
    channel plan adopted for private land mobile radio (PLMR) in the
    Commission's Refarming proceeding (PR Docket No. 92‑235); modifying
    the BAS short‑term operation rules; and modifying the BAS
    application rules to make them consistent with the Universal
    Licensing System (ULS).

4.  This *Report and Order* also authorizes wireless assist video
    devices (WAVDs) to operate on certain VHF‑TV and UHF‑TV channels on
    a non‑interference basis to services allocated on that spectrum.
    These devices, which are already used by broadcasters, are needed to
    aid film and television producers in filming at various locations in
    a safe and cost effective manner.

5.  These changes will increase the efficiency of the BAS and permit
    BAS, CARS, and FS licensees to operate in an environment in which
    the potential for interference is significantly reduced, while
    affording significant flexibility to these licensees.

# Background

6.  In the *Notice of Proposed Rule Making (Notice*), released March 19,
    2001, the Commission initiated an extensive review of the BAS rules
    and proposed changes to create a more efficient BAS that can readily
    adapt to technological changes in the industry.[^3] The *Notice*
    followed petitions filed by the Telecommunications Industry
    Association (TIA) in March 1998 (RM-9418) and the Alliance of Motion
    Picture and Television Producers (AMPTP) in November 1999 (RM-9856).
    The TIA Petition requested rule changes for the 23 GHz band, as well
    as rule changes to permit digital modulation schemes in all of the
    bands used by the TV BAS.[^4] The AMPTP Petition requested authority
    to use low power WAVDs on unused TV channels in the upper portion of
    the VHF‑TV band and in the UHF‑TV band.[^5] In addition to these
    requests, the Commission sought comment on many other changes to the
    rules. The proposals were crafted to update the rules and to
    complement many of the requests made by the petitioners.

# Discussion

7.  Commenting parties generally support the proposals set forth in the
    *Notice*.[^6] For example, the Society of Broadcast Engineers, Inc.
    (SBE) states that it applauds virtually all of the proposals made in
    the *Notice*; the Association of America's Public Television
    Stations (APTS) and the Public Broadcasting Service (PBS) state that
    they generally support the proposals; and the Association for
    Maximum Service Television, Inc. (MSTV) and the National Association
    of Broadcasters (NAB) state that they applaud allowing digital
    modulation for all BAS bands and support the revision and
    conformance of BAS with CARS and FS rules.[^7]

**A. BAS Technical Rules (Part 74) and Conforming Technical Rules for
Parts 74, 78 and 101**

**1. Digital Modulation in All Television and Aural BAS Bands**

8.  Section 74.637 of the Commission's rules sets forth emission
    requirements for TV BAS operations. Digital modulation is
    specifically addressed only in paragraph (c), which provides for
    analog or digital modulation in the 6425‑6525 MHz, 17.7--19.7 GHz,
    and 31.0--31.3 GHz bands. Although the rules do not specifically
    prohibit digital modulation in other TV BAS bands (*i.e.*,
    2025‑2110 MHz and 2450‑2483.5 MHz (2 GHz), 6875‑7125 MHz (7 GHz),
    and 12.7--13.25 GHz (13 GHz)), the Commission's policy relative to
    BAS has been to allow digital modulation only in bands where it is
    specifically authorized. Therefore, under current policy, licensees
    must obtain a waiver of the rules to transmit using digital
    modulation in the 2 GHz, 7 GHz, and 13 GHz bands.[^8]

9.  In the *Notice*, the Commission observed that most TV BAS stations
    currently transmit frequency modulated analog NTSC video signals,
    but that with the current transition of television from analog to
    digital, broadcasters will need to transmit DTV digital signals in
    addition to their existing NTSC analog signal. The Commission also
    observed that the digital conversion of TV stations is not the only
    reason for allowing digital modulation in all TV BAS frequency
    bands. The rules adopted in the *Second Report and Order and Second
    Memorandum Opinion and Order* in ET Docket No. 95‑18 specify
    channelization plans for TV BAS licensees to narrow their channel
    bandwidth in the 2025‑2110 MHz band to accommodate the new Mobile
    Satellite Service (MSS) allocation in the 1990-2025 MHz band. The
    Commission noted that, as these channels are narrowed, broadcasters
    will likely switch from analog to digital transmission in order to
    attain the necessary signal fidelity in the narrower channel.
    Therefore, primarily to facilitate the transition to digital TV and
    to accommodate narrower channels in the 2 GHz band, the Commission
    proposed to modify the rules in Section 74.637 to permit digital
    modulation in all TV BAS bands.[^9]

10. In the *Notice*, the Commission also stated that the rules for aural
    BAS in Section 74.535 create a situation similar to that for TV BAS
    with respect to digital modulation because it allows the use of
    digital modulation by aural BAS licensees in the 18 GHz band, but
    does not address such use in the 944‑952 MHz band. The Commission
    stated its belief that aural BAS licensees could benefit from the
    ability to use digital modulation in all bands, and that such
    flexibility would allow aural BAS licensees to take advantage of the
    spectral efficiency that digital modulation offers. Therefore, the
    Commission proposed to modify Section 74.535 to permit the use of
    digital modulation in all aural BAS bands.[^10]

11. Several parties support the Commission's proposals to permit digital
    modulation in the 2 GHz, 7 GHz, and 13 GHz TV BAS bands, and all
    aural BAS bands.[^11] SBE, while supporting the introduction of
    digital modulation in all TV and aural BAS bands, cautions that
    digitally modulated signals tend to more fully occupy the channel
    bandwidth than analog signals, thereby creating a greater chance for
    interference to occur into adjacent channel FM receivers.[^12]
    Accordingly, SBE recommends that conversion from analog to digital
    modulation be accompanied by frequency coordination, except where an
    existing digital system has been operating under STA and there is no
    evidence of interference. SBE states that it may be appropriate to
    conduct a further rulemaking to establish loading standards for
    digitally modulated point-to-point BAS links. It opposes, however,
    similar standards for digitally modulated TV Pickup or ENG
    operations because TV Pickup operations require more robust digital
    modulation types and higher levels of forward error correction than
    fixed links.[^13] Finally, SBE requests that the Commission grant a
    blanket waiver for the approximately 500 pending digital BAS
    applications, to allow their immediate grant and obviate the need
    for further STA filing and processing.[^14]

12. MSTV/NAB support allowing digital modulation on all BAS frequencies
    and urge that the Commission grant a blanket waiver to allow digital
    modulation on an interim basis pending the outcome of this
    proceeding. They contend that permitting broadcasters to use digital
    modulation in all BAS bands will facilitate the transition to
    DTV.[^15] However, they also believe that, in the 2 GHz band, there
    is uncertainty about the likelihood of implementing MSS. MSTV/NAB
    therefore urge the Commission to proceed slowly with the development
    of digital technical rules for the 2 GHz band and to defer adoption
    of any rules until the issue of potentially reallocating the MSS
    spectrum is resolved.[^16]

13. Comsearch states that it supports allowing digital modulation in the
    944-952 MHz and 2, 7, and 13 GHz bands without the need for a rule
    waiver. Comsearch states that, once digital modulation is permitted
    in these bands, the Commission should consider modifying the BAS
    frequency plans in these bands, such as by overlaying narrowband
    channels on the existing 25 MHz channels in the 7 GHz band.
    Comsearch also recommends that, to promote efficient use of the
    spectrum, the Commission consider capacity and loading requirements
    for digital BAS systems, similar to those in Section 101.141(a)(3),
    but adjusted for technical differences in the services.[^17]

14. Microwave Radio Communications, LLC (MRC) recommends that digitally
    modulated BAS transmissions be required to contain a signal
    identifier, either in the program source or the digital modulation
    process, and recommends a phase-in period during which a universally
    recognized standard can be adopted.[^18] SBE asserts that there is a
    need for automatic identification for digitally modulated BAS and
    CARS TV Pickup and Local Television Transmission Service stations,
    to permit quick and easy identification in case of inadvertent
    interference. SBE recommends that such identification should be
    comprised of an FCC call sign, a unit number or other identifier, a
    contact telephone number, and a manufacturer identification and
    serial number. SBE asserts that such an identification system would
    be inexpensive and therefore recommends that a Further Notice of
    Proposed Rule Making be issued to explore this issue.[^19]

15. *Discussion*. As proposed in the *Notice*, we are modifying Section
    74.637 to permit use of any available digital modulation technique
    in all TV BAS bands and are modifying Section 74.535 to permit
    digital modulation in all aural BAS bands. We find that permitting
    digital modulation in the 2 GHz, 7 GHz, 13 GHz TV BAS bands, and all
    aural BAS bands will provide licensees with increased flexibility in
    the provision of BAS operations, promote more efficient use of this
    spectrum, and facilitate the transition to reduced channel
    bandwidths in the 2 GHz band, and to DTV.

16. We see no need to delay the adoption of technical rules for digital
    modulation in the 2 GHz band, as suggested by MSTV/NAB. We note that
    there are approximately twenty pending applications for use of
    digital modulation in the 2 GHz band and see no reason to delay such
    operations. Licensees may apply for licenses using digital emissions
    beginning on the effective date of the rules of this *Report and
    Order*.

17. We find no need to impose digital loading requirements at this time.
    We note that no specific proposals were offered and there is no
    indication that these bands are being used inefficiently. On the
    contrary, we expect that these bands will be used more intensively
    with the transition to DTV and the development of new broadcast
    services.

18. With respect to embedded automatic identification for digital
    modulation, we note that such identification is currently
    technically feasible and legally permissible under current
    rules.[^20] Rather than codifying mandatory automatic identification
    procedures and standards, we believe that the industry would be
    better served with flexibility to develop and maintain such a
    standard. Under this approach a standard could be quickly updated
    when new modulation techniques are used. Therefore, we decline to
    adopt a mandatory standard for automatic identification for digital
    modulation.

19. In order to facilitate the expeditious processing of the
    approximately 500 pending applications for digital BAS operations,
    the following BAS rules as amended in Appendix A will become
    effective as of the adoption date of this *Report and Order*:
    Sections 74.535 and 74.637.[^21] Pursuant to 5 U.S.C. §§ 553(d)(1)
    and 553(d)(3), we find good cause to make these rules effective
    immediately rather than to follow the normal practice of making them
    effective 30 days after publication in the Federal Register, due to
    the pendency of the BAS applications. Accordingly, we will begin
    processing these BAS applications on the adoption date of this
    *Report and Order.* Defective BAS applications filed on or before
    the release date of this *Report and Order* will be returned with
    the opportunity to amend. Defective BAS applications filed after the
    release date of this *Report and Order* may be subject to dismissal.
    In addition, we will allow relief from any new frequency
    coordination requirement imposed by the rules we are adopting, such
    as new prior coordination procedures for fixed systems proposed in
    applications accepted for filing before the effective date of the
    rules.[^22] Specifically, we will deem digital applications filed
    before the effective date of the rules in this *Report and Order* to
    have been properly coordinated under the existing coordination
    requirements, absent any evidence to the contrary, and we will not
    require re-coordination of these applications under prior
    coordination procedures effective under the new rules that also
    permit digital modulation.[^23] We conclude that adherence to the
    existing frequency coordination requirements has been sufficient to
    ensure that these digital and analog/digital systems do not cause
    harmful interference to existing stations, and that re-coordination,
    or the imposition of frequency coordination where it was not
    previously required, would be unnecessarily burdensome to the
    applicants. Moreover, most digital BAS systems that have been
    applied for are operating under an STA and we have not received any
    evidence of interference from these systems. We therefore will not
    require re-coordination for digital applications filed before the
    effective date of the rules. Finally, we will exercise flexibility
    with respect to compliance with the technical rules adopted herein
    when processing these applications.

20. Given the expedited handling and reliefs set forth above, we believe
    that a blanket waiver as requested by SBE and MSTV/NAB would not
    further hasten the processing of pending digital applications, and
    its benefit would be minimal. We therefore find the issuance of a
    blanket waiver unnecessary, and decline to do so.

**2. Maximum Effective Isotropic Radiated Power for Short Paths**

21. There are several TV BAS rules that work in tandem to regulate the
    amount of power that can be used at a specific station.
    Specifically, Section 74.636 limits, for some frequency bands, the
    maximum EIRP[^24] for which a TV BAS station can be licensed,[^25]
    and Section 74.644 specifies the minimum path length for which the
    maximum EIRP will be authorized for fixed links.[^26] Applicants
    proposing path lengths shorter than the minimum path lengths
    specified in Section 74.644, are required to reduce power in
    accordance with the equation provided in that section.[^27]

22. Currently, the equation specified in Section 74.644 requires a steep
    reduction in EIRP for paths slightly shorter than the specified
    minimum.[^28] For example, the maximum EIRP for fixed links
    operating in the 6875‑7125 MHz band is 55 dBW and the minimum path
    length is 17 km. Based on the current equation, an applicant
    proposing a path length of 16 km would have to reduce its EIRP to
    29.5 dBW, a reduction of more than 25 dB. As stated in the *Notice*,
    this equation was previously used for determining maximum EIRP for
    short paths for FS operations in Part 101 as well. The *Notice*
    observed that, in the *Report and Order* in WT Docket No. 94‑148,
    the Commission adopted a new equation for Part 101 that eliminated
    the steep drop in EIRP at path lengths slightly shorter than the
    minimum.[^29] Using the equation now codified at Section
    101.143,[^30] the reduction in EIRP for the example above would be
    approximately 1 dB -- a sharp contrast to the 25 dB computed using
    the current equation in Section 74.644.

23. The Commission further noted that the same equation as currently
    used for the BAS is also used for CARS. The Commission stated that
    it believed that the CARS would also benefit from modifying the
    equation for determining maximum power for short path lengths.
    Accordingly, the Commission proposed to modify Sections 74.644 and
    78.108 to implement the same equation codified at Section 101.143
    for determining the maximum EIRP for path lengths shorter than the
    specified minimum.[^31] The Commission noted that BAS rules do not
    currently specify a minimum path length in the 2450-2483.5 MHz band,
    but FS rules do so for FS operations. The Commission therefore also
    proposed to adopt a minimum path length, at which the maximum EIRP
    would be allowed, of 17 km for the BAS in the 2450--2483.5 MHz band,
    consistent with the minimum path length imposed on similar FS
    operations in that spectrum. It took this action to promote spectrum
    efficiency by preventing the use of overpowered systems by BAS over
    short paths in that band. Finally, the Commission proposed to
    grandfather at their current power any existing fixed links in the
    2450-2483.5 MHz band that are less than 17 km.[^32]

24. The parties generally support the Commission's proposals changing
    the equation for maximum EIRP for short paths, establishing a
    minimum path length of 17 km for the 2450-2483.5 MHz band, and
    grandfathering at their current power level any existing fixed links
    in the 2450-2483.5 MHz band that are less than 17 km.[^33] In
    addition, SBE and MRC recommend that existing BAS links that were
    authorized before April 1, 1987 and grandfathered by the current
    provisions of Section 74.644 with respect to path length and EIRP,
    and that are modifying their authorizations to convert from analog
    to multiplexed analog plus digital or to digital operation, should
    not lose their grandfathered status.[^34] SBE explains that such
    paths may require continued operation at elevated power levels to
    avert interference from other systems. MRC asserts that
    grandfathered status should continue for such paths, provided the
    converted paths do not cause harmful interference to existing
    co-channel or adjacent channel systems. MRC also asserts that if any
    existing TV studio-transmitter link (STL) or TV relay link[^35] is
    converted from analog to multiplexed digital/analog operation and is
    approved by a local coordinating body, that conversion should be
    treated as a minor modification. MRC recommends that existing
    inefficient analog receivers not be protected from converting
    grandfathered links. Specifically, MRC recommends that, if a
    grandfathered link converting from analog to multiplexed
    analog/digital operation would cause harmful interference to an
    analog receiver with a 3 dB bandwidth greater than 30 MHz, that
    receiver would be required to be upgraded. Finally, MRC recommends
    that the 1990-2110 MHz and 2450-2483.5 MHz bands be made available
    for use by Remote Pickup BAS as well as mobile TV BAS operations
    currently occupying the spectrum, and that fixed operations in these
    bands be phased out over time, in favor of mobile use of the
    spectrum, which MRC believes is more appropriate. In order to
    encourage the migration of point-to-point fixed links out of these
    bands, MRC recommends that new point-to-point fixed links with path
    lengths less than 17 km not be permitted and that existing such
    links be phased out of these bands within five years.[^36]

25. *Discussion*. We find that adopting the proposals set forth in the
    *Notice* will enhance the reliability of fixed links for the BAS in
    Part 74 and the CARS in Part 78. Adopting the same equation for
    fixed operations in each of these rule parts will treat similar
    stations in a comparable manner, simplify station coordination in
    shared frequency bands, and reduce the potential of harmful
    interference occurring among stations authorized under different
    rule parts. Accordingly, we are modifying our rules to implement in
    Sections 74.644 and 78.108 the same equation codified at Section
    101.143 for determining the maximum EIRP for path lengths shorter
    than the specified minimum. Further, we are grandfathering existing
    fixed links that are less than 17 km in length in the 2450-2483.5
    MHz band. However, we will not permit grandfathered or other
    existing links that are modifying from analog operation to
    analog/digital or digital operation, to retain grandfathered status,
    and thus continue operation at their current elevated power levels,
    or be treated as minor modifications, even if operation is
    interference-free or is frequency coordinated, unless operation at
    the higher power levels is justified. Such continuation would
    otherwise ignore the existing requirement in Sections 74.644 and
    78.108(c) that power in excess of that specified be justified by an
    appropriate technical showing,[^37] and could lead to the
    continuation of unnecessarily excessive power levels, thus defeating
    the spectral efficiency intended by minimum path length
    requirements. We decline to classify the conversion from analog to
    analog/digital or digital operation as a minor modification, as
    recommended by MRC. For reasons explained in detail in III.A.4,
    III.A.7, and III.C.2 below, such a change is and will remain
    classified as major under Section 1.929.[^38] Further, while
    operation without interference is possible, and frequency
    coordination may demonstrate the ability of the system to operate
    without interference, neither would necessarily justify the
    continuation of higher power levels, or thus warrant the
    continuation. We therefore decline to accept such conditions as
    sufficient justification to warrant the continuation of higher power
    levels, and will continue to require an appropriate technical
    showing justifying the elevated power, as required by Section
    74.644. With respect to MRC\'s recommendation to require upgrade of
    old analog receivers to avert harmful interference from a system
    converting to multiplexed analog/digital operation, we decline to
    impose such an upgrade, as our rules do not contain minimum receiver
    performance requirements.

26. Finally, we decline to designate the 1990-2110 MHz and 2450-2483.5
    MHz bands for use by Remote Pickup BAS operations as requested by
    MRC. MRC does not provide justification or elaboration for this
    proposal, no other commenters support it, and, moreover, it is
    outside the scope of this proceeding. We also decline to phase out
    fixed operation in these bands, to prohibit new fixed path lengths
    shorter than 17 km in these bands, or to phase out existing short
    paths in these bands in five years. We recognize that it is possible
    that the removal of fixed paths could free up spectrum for mobile
    use in some areas. However, we find that such action would
    unnecessarily limit the flexibility of TV BAS to accommodate fixed
    paths, where such paths are feasible and desirable with respect to
    mobile use of the band. This is particularly true for short paths,
    whose reduced EIRP can accommodate them in a spectrally efficient
    way. Moreover, the forced relocation of existing fixed links would
    be a burden on licensees. Finally, no commenters from the BAS
    community that would be affected by MRC's proposed curtailments
    support them. We thus find their adoption unwarranted.

**3. Transmitter Power**

27. Currently, Sections 74.636 and 74.534 of the Commission's rules
    specify the power limitations for TV and aural BAS operations,
    respectively.[^39] For some frequency bands, only transmitter output
    power is specified, and for other bands, both transmitter output
    power and EIRP, which describes the amount of energy that is
    actually being radiated by the transmitting antenna, are
    specified.[^40] In the *Notice*, the Commission proposed to modify
    the BAS rules to specify only EIRP values for all aural and TV BAS
    frequency bands. It proposed to conform EIRP limitations on BAS and
    CARS operations with those for FS operations in bands where
    operation is similar, and to specify EIRP limitations on mobile BAS
    and CARS operations based on existing maximum transmitter power and
    typical antenna gain. Specifically, the Commission proposed
    that: (a) aural BAS operations in the 944-952 MHz band be limited to
    a maximum EIRP of 40 dBW; (b) fixed operations for TV BAS in the
    1990-2110 MHz and 2450-2500 MHz bands be limited to a maximum EIRP
    of 45 dBW; and (c) mobile operations for TV BAS in those same bands
    and CARS operations in the 1990-2110 MHz band be limited to a
    maximum EIRP of 35 dBW. The Commission sought comment on whether the
    50 dBW EIRP limit on FS operations in the 12,700-13,250 MHz band
    should be increased to conform with the 55 dBW limit on BAS and CARS
    operations in that band. It also sought comment on whether different
    power standards should be adopted for digital and analog equipment.
    The Commission also requested comment as to whether it should remove
    the specifications for transmitter output power from the BAS rules
    consistent with the Part 101 approach.[^41]

28. Most parties generally support the proposals set forth in the
    *Notice*.[^42] Comsearch states that it agrees with harmonizing the
    power limits among Parts 74, 78, and 101 and expressing power limits
    in terms of maximum permitted EIRP. However, Comsearch states that
    it believes that multichannel video transmission under Parts 74 and
    78 do not require higher EIRP than systems under Part 101 in the
    12,700-13,250 MHz band. It recommends that the Part 101 EIRP limit
    of 50 dBW be conformed to the higher 55 dBW limit for this band in
    Parts 74 and 78, if future licensing is permitted under Part 101 in
    that band.[^43] MRC states that it supports the proposed maximum
    EIRP of 35 dBW for mobile TV BAS operations in the 2 GHz and 2.5 GHz
    bands because that EIRP is representative of current ENG systems.
    MRC also supports specifying EIRP rather than output power because
    specifying EIRP would facilitate designing more practical systems
    and reduce the need to mount transmitters close to antennas.[^44]
    Globalstar USA, Inc. and Globalstar, L.P. (Globalstar) urge the
    Commission to correct its terminology and proposed tables to specify
    the 2450-2483.5 MHz, rather than the 2450-2500 MHz, band, since the
    2483.5-2500 MHz band is no longer available to new BAS
    stations.[^45]

29. SBE agrees with the proposal to eliminate transmitter output power
    limits in favor of EIRP limits for fixed links, because it would
    allow a licensee the option of installing a high power transmitter
    to overcome prohibitive waveguide losses on a tall tower. However,
    SBE opposes eliminating output power limits for TV Pickup stations
    because the lack of antenna standards for these stations would pose
    an interference threat to other users. SBE concurs with the proposed
    EIRP limits for 950 MHz Aural BAS fixed links and 2 and 2.5 GHz
    fixed links. SBE opposes lower EIRP limits for digitally modulated
    systems than for analog modulated systems because they may operate
    in interference-limited markets where a lower maximum EIRP could
    result in more susceptibility to interference from higher EIRP
    analog paths.[^46] SBE also opposes Globalstar's recommendation that
    only the 2450-2483.5 MHz band be specified as available for BAS
    operations. SBE notes that BAS stations at 2483.5-2500 MHz band were
    grandfathered by the *Report and Order* in Gen. Docket 84‑690.[^47]

30. *Discussion*. We find that the proposals to harmonize power limits
    among Parts 74, 78, and 101, and to express those limits as maximum
    EIRPs will provide consistency and promote greater efficiency in our
    rules. Accordingly, we are adopting our proposals and are specifying
    the following EIRP limits: (a) for aural BAS operations in the
    944-952 MHz band, 40 dBW; (b) for fixed operations for TV BAS in the
    1990-2110 MHz and 2450-2483.5 MHz bands, 45 dBW; and (c) for mobile
    operations for TV BAS in the 1990-2110 MHz and 2450-2483.5 MHz bands
    and CARS operations in the 1990-2110 MHz band, 35 dBW. We are also
    deleting output power limitations for fixed systems as it will
    permit flexibility in designing systems. However, we will maintain
    output power limitations in the rules for mobile systems.
    Maintaining these limits will reduce the potential for interference
    from mobile systems because they limit EIRP for omnidirectional
    mobile systems and reduce off-axis EIRP for directional mobile
    systems.

31. As noted above, Comsearch asks that the Part 101 EIRP limit for the
    12,200-13,250 MHz band be amended from 50 dBW to conform to the
    Parts 74 and 78 limit of 55 dBW. We generally agree. As stated
    throughout this proceeding, we believe that providing common
    technical standards for similar stations simplifies the
    manufacturing and licensing process. We note however, that except
    for LTTS, fixed stations under Part 101 have not been eligible for
    new licenses in the 12,700-13,200 MHz portion of the band since
    1983.[^48] These stations were designed and have been operating for
    the last 19 years or more with the 50 dBW limit. Thus, we see no
    reason to modify that limit for these stations. We will increase the
    EIRP limit to 55 dBW for all FS stations in the 13,200-13,250 MHz
    portion of the band. Further, we note that the rules for common
    carriers in the LTTS specify that they are subject to the technical
    rules of Parts 74 and 78[^49] in certain frequency bands shared with
    BAS and CARS. Therefore, they also will be subject to the higher 55
    dBW limit we are adopting for fixed stations. To avoid confusion in
    the rules, we will amend Section 101.807 to clearly state that LTTS
    stations in certain bands shared with BAS and CARS should follow the
    power rules of Parts 74 and 78.[^50]

32. We further find that maintaining the same EIRP limits for digital
    and analog systems is appropriate because, although digital systems
    would normally require less EIRP to operate, lowering their maximum
    EIRP could render them more susceptible to interference from higher
    powered analog systems. Finally, regarding BAS station operations at
    2483.5-2500 MHz, we agree with Globalstar that the new EIRP limits
    should not apply to grandfathered systems. Accordingly, in the final
    rules set forth in Appendix A, we are specifying that only the
    2450-2483.5 MHz band is available for BAS stations. We note,
    however, that this action in no way affects the continued rights of
    grandfathered BAS stations in the 2483.5-2500 MHz band, as described
    in footnote NG147 of the Table of Frequency Allocations.[^51]

**4. Emission Masks**

33. Emission masks serve to maximize spectrum efficiency by permitting
    reasonable and practical information transfer within a channel and
    at the same time limiting out-of-band emissions to minimize adjacent
    channel interference. Our rules contain a number of emission masks
    tailored to specific operations and channel sizes. For example,
    different emission masks are authorized under Parts 74, 78, and
    101.[^52] Although the same equipment is often certified and used by
    licensees in different services, our rules, in some cases, allow
    each service to use a different emission mask for the same type of
    emission (*e.g.*, FM, AM, *etc.*) in the same frequency band.[^53]
    The Commission in the *Notice* proposed to make the FM and digital
    modulation emission mask requirements for BAS consistent with the
    requirements for FS in Part 101 and proposed to adopt standard
    measurement procedures to measure emissions. Additionally, the
    Commission proposed to grandfather existing equipment authorized
    pursuant to current emission masks. Specifically, the *Notice*
    proposed the following:

**[TV BAS]{.underline}**

-   For FM modulation in all TV BAS frequency bands, to eliminate the FM
    emission mask of Section 74.637(a) and to apply the FM emission mask
    of Section 74.637(c)(1) (same as Section 101.111(a)(1)).[^54] The
    emission mask in paragraph (c)(1) would provide equipment
    manufacturers more flexibility in the design of equipment because it
    permits the out‑of‑band emissions to be attenuated at a slightly
    slower rate. Such flexibility can be gained without compromising the
    interference potential of these transmitters because we believe that
    the specified attenuation is sufficient to protect adjacent channel
    operations;

-   For digital modulation in TV BAS frequency bands above 15 GHz , to
    apply the emission mask for digital modulation in Section
    74.637(c)(2) (same as Section 101.111(a)(2)(ii)) (no change from
    current rules);

-   For digital modulation in all TV BAS frequency bands below 15 GHz,
    to apply the emission mask for digital modulation in Section
    101.111(a)(2)(i);

-   For vestigial sideband amplitude modulation in all TV BAS frequency
    bands, to apply the emission mask for vestigial sideband amplitude
    modulation in Section 74.637(c)(3) (no change from current rules);
    and

-   For all other types of modulation in all TV BAS frequency bands, to
    apply the emission mask of Section 74.637(b) (no change from current
    rules).

**[Aural BAS]{.underline}**

-   For FM modulation in all aural BAS frequency bands, to eliminate the
    FM emission mask of Section 74.535(a) and to apply the FM emission
    mask of Section 74.535(e)(1) (same as Section 101.111(a)(1)). As
    with the choice of emission mask for TV BAS, the emission mask of
    paragraph (e)(1) would provide equipment manufactures more
    flexibility in equipment design than the emission mask of paragraph
    (a);

-   For digital modulation in aural BAS frequency bands above 15 GHz, to
    apply the emission mask for digital modulation in Section
    74.535(e)(2) (same as Section 101.111(a)(2)(ii)) (no change from
    current rules);

-   For digital modulation in aural BAS frequency bands below 15 GHz, to
    apply the emission mask for digital modulation in Section
    101.111(a)(2)(i); and

-   For all other types of modulation in all aural BAS frequency bands,
    to apply the emission mask of Section 74.535(b) (no change from
    current rules).[^55]

34. We also sought comment on the proper emission mask to apply to
    equipment that multiplexes both analog and digital signals for
    transmission over a single channel.[^56] Such operation complicates
    the equipment certification process because the emission masks are
    referenced to either analog or digital modulation techniques, but
    not both. We proposed to adopt for BAS, the same rule used under
    Part 101;[^57] that is a transmitter is considered to be using
    digital modulation techniques, and must meet those emission
    requirements, when digital modulation occupies 50% or more of the
    total peak frequency deviation of a transmitted radio frequency
    carrier.[^58] Another issue we sought comment on involved the
    characterization of analog/digital multiplexed transmitters with
    respect to the assignment of emission designators. We proposed that
    hybrid radios that multiplex analog and digital signals continue to
    use a single emission designator.[^59] In making this proposal, we
    acknowledged that when using hybrid equipment, digital and analog
    emissions may exist side-by-side within a channel. However, we also
    stated that the ULS is not designed to capture multiple emissions
    within a channel when those emissions only partially occupy the
    channel. However, we also stated that the information was indirectly
    available because ULS collects transmitter manufacturer and model
    number -- interested parties could use this information to determine
    the emissions within a channel.

35. APTS/PBS support the proposals standardizing emission masks.[^60]
    MSTV/NAB support the goal of conforming BAS emission mask with Part
    101, but urge input from broadcasters and equipment manufacturers
    before finalizing rules for BAS FM emission masks with slower
    attenuation rates. MSTV/NAB further recommend that the Commission
    not adopt digital emission masks for the 2 GHz band until the
    industry has settled on a specific digital technology.[^61] Red
    River Broadcast Co. LLC and KQDS Acquisition Corp. (Red River)
    support the rule revisions proposed for emission masks for BAS, but
    emphasize that existing equipment must be grandfathered indefinitely
    to avert a substantial economic impact on their operations.[^62] SBE
    states that Part 74 and Part 101 emission masks should be
    consistent, but defers to equipment manufacturers regarding the
    specific emission masks that should be used.

36. One commenter, MRC, which manufactures a dual carrier digital/FM
    analog transmitter, provides extensive comment on emission masks for
    composite systems, such as its TwinStream radio.[^63] MRC argues
    that its composite system is analogous to an analog/digital
    multiplexed system and as such should be treated similarly. It
    supports our proposal to require compliance with the digital
    emission mask when the digital modulation occupies 50% or more of
    the total peak deviation of a system carrying analog FM and digital
    signals multiplexed together and suggest that the same rule should
    apply to composite systems. Therefore, because the analog portion of
    the signal transmitted by the TwinStream radio occupies 60% of the
    channel,[^64] they propose that only the FM emission mask of Section
    74.637(c)(1) or Section 74.637(a) should apply.[^65] Likewise, MRC
    also requests that ENG systems below 15 GHz that are selectable for
    either analog or digital modulation only meet the requirements of
    the FM emission mask of Section 74.637(a).[^66]

37. MRC also comments on the appropriate emission mask to apply to ENG
    radios using Coded Orthogonal Frequency Division Multiplexing
    (COFDM).[^67] They argue that the more flexible FM emission mask of
    Section 74.637(a) rather than the digital emission mask of Section
    101.111(a)(2) should apply. They claim that the more stringent
    digital mask would require COFDM ENG transmitters when using complex
    modulation methods for the individual carriers to operate at lower
    power levels to avoid intermodulation[^68] products that exceed the
    mask.[^69] Thus, they state that they must reduce power, which
    reduces range, to operate in the linear region of the amplifier to
    meet the digital emission mask.[^70] MRC also claims that the same
    relief is needed for single-carrier digital systems at 2 GHz to
    accommodate the 12-17 megahertz bandwidth reductions required due to
    the reallocation of the 1990-2025 MHz band to MSS.

38. Many commenters also addressed the issue of the proper emission
    designator to apply to hybrid analog/digital systems. APTS/PBS
    assert that a dual emission designator should be used to
    characterize a hybrid analog/digital system.[^71] SBE agrees and
    observes that hybrid FM and digital video links clearly exhibit dual
    emissions. Therefore, they should be required to exhibit separate
    frequencies and emission designators for each emission, rather than
    using a single emission designator such as F9W.[^72] In contrast,
    MRC supports the continued use of a single emission designator for
    multiplexed analog and digital signals because such a system
    multiplexes two baseband systems and transmits them using a single
    transmitter. Thus, MRC contends that a single emission designator is
    proper.[^73] SBE also asks the Commission to clarify the correct
    emission designator to apply to COFDM modulation.[^74] Finally, MRC
    asks the Commission to consider eliminating the collection of
    emission types for digital systems because their emission type no
    longer serves a useful purpose as all digital signals exhibit
    similar emission spectra.[^75]

39. *Discussion.* Commenters generally did not address our proposals to
    standardize the emission masks between Part 74 and Part 101. Most
    comments addressed nuances of the rules, such as how they apply to
    composite systems. On the specific emission masks proposed, the
    comments received were supportive. Only MSTV/NAB caution against
    adopting a digital emission mask for the 2 GHz band at this time due
    to the lack of standards among manufacturers. We are mindful of
    MSTV/NAB's concerns. However, we believe that maintaining the status
    quo in the 2 GHz band would harm the industry more than help it. By
    providing certainty to manufactures and users regarding equipment,
    we believe that the industry will be able to move forward and begin
    making wide scale use of digital equipment to increase spectral
    efficiency and to ensure that equipment is available for
    broadcasters as they transition to DTV. Accordingly, we adopt our
    proposals to amend the Part 74 aural and TV BAS emission masks to
    make them consistent with the emission masks of Part 101. As stated
    in the *Notice*, imposing a single set of standards across shared
    frequency bands will simplify the manufacturing and equipment
    authorization processes. Additionally, consistent rules will provide
    a level of certainty to licensees regarding the expected RF
    environment, minimize the potential of harmful interference and
    simplify the frequency coordination process. In addition, we adopt
    our proposal to grandfather existing equipment, and will do so for
    existing equipment and equipment of current production lines
    authorized, via certification or verification pursuant to the
    current emission standards, up to two years after the adoption of
    this *Report and Order*, and for stations authorized to use such
    equipment pursuant to an application filed up to two years after the
    adoption of this *Report and Order*.[^76] However, any such
    non-conforming equipment replaced on or after two years after the
    adoption of this *Report and Order* must be replaced by conforming
    equipment.

40. MRC also asks that we allow COFDM ENG systems to use the analog FM
    emission mask rather than the more stringent digital mask. The basis
    of this request is MRC's claim that FCC rules limit the power
    amplifier's rated capacity, causing operation to occur in the
    non-linear region of the amplifier. They state that this produces
    intermodulation products that exceed the digital emission mask. We
    note that our rules limit the output power of mobile ENG systems.
    However there is no rule that restricts the ability of a
    manufacturer to design an amplifier that is linear up to the maximum
    output power. Further, the use of the analog emission mask would
    provide less adjacent channel protection than the digital emission
    mask and harm the ability of licensees to operate in a spectrally
    efficient manner. Accordingly, we deny MRC's request and will
    require COFDM systems to meet the emission limitations of the
    digital mask. We will grandfather existing equipment and equipment
    of current production lines for two years consistent with our
    decision above. Finally, we clarify that the correct emission type
    for COFDM is W7D.

41. MRC, the only commenter to address the issue of hybrid
    digital/analog systems, supports our proposal to apply the digital
    mask to such systems if the digital traffic is 50% or more of the
    total peak deviation.[^77] We will adopt this proposal. In addition,
    MRC raises questions regarding the treatment of composite
    digital/analog systems. Similar to hybrid systems, we will apply the
    appropriate analog or digital emission mask based on the percentage
    of the channel that carries a digital signal. Specifically, this
    percentage will be calculated as the system's digital necessary
    bandwidth divided by the aggregate necessary bandwidth.[^78] For
    purposes of equipment authorization and licensing, the output power
    and EIRP of a composite system will be its aggregate output power
    and EIRP.[^79] Both composite and hybrid systems will ease the
    transition to DTV as they provide a migration path for licensees to
    transition from an analog NTSC signal to a dual analog/digital
    (NTSC/ATSC) signal, and eventually to only a digital signal. We
    believe that the procedures we are adopting will simplify and
    advance the transition to DTV while protecting the ability of
    coordinators to engineer systems.

42. Similar to their request for COFDM systems, MRC asks that we require
    selectable digital/analog ENG systems to meet only the analog
    emission mask. We decline this request. Because only one signal is
    being transmitted at a time, this system is neither a hybrid nor a
    composite. Thus, each emission must be assessed individually --
    analog emissions must meet the analog mask and digital emissions
    must meet the digital mask. We will grandfather existing equipment
    and equipment of current production lines consistent with our
    decision above.

43. Several commenters address the issue of appropriate emission
    designators for a hybrid analog/digital multiplexed signal. APTS/PBS
    and SBE ask that a hybrid system be characterized by a dual emission
    designator. MRC supports the continued use of a single emission
    designator for such systems. We agree. As MRC observes, a hybrid
    system multiplexes an analog and digital signal and transmits a
    single signal containing the two. Thus, in this case, because a
    single signal is being transmitted, we believe it to be appropriate
    that a single emission designator be used. We similarly believe that
    a single emission designator is appropriate for composite systems.
    This will conform the emission mask for hybrid and composite systems
    which will simplify manufacturing processes, equipment
    authorization, and licensing for these spectrally efficient systems.
    We are mindful of SBE and APTS/PBS's concerns that a single emission
    designator for these systems will complicate frequency coordination
    because coordinators will not know the exact operating parameters.
    However, we disagree. The ULS captures transmitter manufacturer and
    model number for BAS transmitters. Thus coordinators can use this
    information to determine the frequency offset, power, bandwidth, and
    other technical and operational details of the individual analog or
    digital channels of a particular system. Moreover, interference
    protection criteria for specific composite systems may be obtained
    from manufacturers, as they are for other systems.[^80]

44. To determine the emission designator for a composite system, we will
    use the aggregate necessary bandwidth of the system, which is
    comprised of the analog necessary bandwidth, any band between the
    analog and digital signals, and the digital necessary
    bandwidth.[^81] The emission designator will also use the
    appropriate emission type, such as F9F or F9W,[^82] indicating that
    the system accommodates at least one analog and at least one digital
    signal. We note that licensees who modify their equipment from an
    analog system to a composite analog/digital system, must also modify
    their station authorization to show the new emission type using
    ULS.[^83] Under the rules, such a change would be considered major
    and require a new frequency coordination.[^84]

45. We did not receive any comments with regard to our proposals for
    standardized measurement procedures. We continue to believe that our
    procedures should ensure that all equipment is measured
    consistently. Therefore, for measuring compliance with the emission
    mask, for emissions removed from the center frequency by 250% of the
    emission bandwidth or less, we will permit a reduction of the
    measurement reference bandwidth below the mask reference bandwidth
    to a value not less than 1% of the emission bandwidth, or the next
    higher measurement bandwidth available.[^85] This will allow for
    more accurate emissions measurements just outside the edge of the
    emission bandwidth, which might otherwise be blurred by the
    contribution of much greater emissions within the emission
    bandwidth. For measurements outside this range, we will use the
    International Telecommunication Union (ITU) guidelines of a 100 kHz
    resolution bandwidth for systems operating on frequencies below 1
    GHz and a 1 MHz resolution bandwidth for systems operating on
    frequencies above 1 GHz.[^86] We realize that this may create a
    situation where the emissions mask reference bandwidth stated in the
    rule is less than the measurement resolution bandwidth.[^87] If this
    occurs, there could be some blurring of spectral spikes that might
    otherwise be detected. We believe that the benefits of
    simplification and standardization outweigh the potential for such
    effects to result in interference to adjacent channels. Further, to
    protect adjacent channel operations, we will require that the
    emission mask attenuation requirement be corrected to decrease with
    the ratio of measurement resolution bandwidth to mask reference
    bandwidth, *i.e.*, by a factor of 10 log~10~(B~res~/B~ref~), where
    B~res~ is the measurement resolution bandwidth and B~ref~ is the
    emissions mask reference bandwidth in the rule.[^88] Finally, we
    note that the analog FM emission mask does not specify a mask
    reference bandwidth, which, in conjunction with the measurement
    resolution bandwidth, could be used to calculate the correction.
    However, it is the policy of the Commission\'s Laboratory Division,
    which approves equipment authorizations, to require the use of a
    mask reference bandwidth of 100 kHz for this mask. Accordingly, we
    are therefore amending the analog FM emission mask for Part 74 TV
    and aural BAS to reflect a 100 kHz emission mask reference
    bandwidth.

**5. Automatic Transmit Power Control**

46. Automatic transmit power control (ATPC), is a function that provides
    for more efficient spectrum use by ensuring that the transmitter
    only uses the power necessary to maintain reliable communications.
    Radios that use ATPC operate with certain power levels during normal
    propagation conditions. When the receiver detects a drop in received
    signal level, due to multipath[^89] or a rain fade, for example, the
    receiver sends a signal to the transmitter to gradually increase
    power. When the received signal level begins to rise, the receiver
    sends a signal to the transmitter to reduce power. By operating in
    this manner, interference levels into nearby microwave paths are
    reduced and more frequencies can be coordinated and used in any
    given geographic area. Additionally, by keeping signal levels low,
    ATPC reduces power consumption of the radio, which lowers operating
    costs and increases equipment reliability. The Commission proposed
    in the *Notice* that TV BAS, aural BAS, and CARS licensees be
    permitted to use ATPC.

47. Commenting parties strongly support the ATPC proposal set forth in
    the *Notice*.[^90] Comsearch states that ATPC should be allowed for
    digital BAS and CARS microwave systems because it is commonly used
    and simplifies frequency coordination. It recommends that ATPC use
    be coordinated in accordance with the procedures of TIA TSB
    10-F,[^91] "Interference Criteria for Microwave Systems."[^92] TIA
    supports this recommendation.[^93]

48. *Discussion*. As proposed in the *Notice*, we will permit TV BAS,
    aural BAS, and CARS licensees to use ATPC and, as suggested by
    commenters, we encourage using TIA TSB 10-F guidelines. While the
    benefits of using ATPC for BAS may not be as great in other services
    because BAS generally uses one-way, rather than two-way,
    communications, the benefits can still be significant. For those
    stations using two-way communications, ATPC will permit more systems
    to be frequency coordinated, thus promoting the maximum utilization
    of spectrum. With respect to TIA TSB 10-F, we recognize the value of
    standardized, industry-wide frequency coordination guidelines, and
    address this issue in Section III.A.7 below.

**6. Interference to Geostationary Satellites**

49. In 1987, the Commission adopted rules to implement Article 27 of the
    ITU Radio Regulations,[^94] which specifies EIRP limits and antenna
    pointing parameters for fixed terrestrial stations that share
    frequency bands with fixed satellite uplink (Earth-to-space)
    stations.[^95] These limits are designed to protect geostationary
    satellites from interference by limiting the amount of RF radiation
    that a terrestrial system can transmit directly towards a satellite.
    Since adoption of these rules, additional frequency bands have been
    allocated for satellite use and the Radio Regulations have been
    updated accordingly.

50. Because these rules are subject to international agreement,
    maintaining them in multiple rule parts is cumbersome and has led to
    varying requirements in Parts 74, 78, and 101. To remedy this
    situation, the Commission proposed to simplify the organization of
    the geostationary satellite protection rules by eliminating
    duplicative rule sections. Therefore, the *Notice* proposed that the
    technical rules for protecting geostationary satellites from
    interference from terrestrial systems be maintained in Part 101, and
    that Parts 74 and 78 merely state that licensees must comply with
    the geostationary satellites protection rules contained in Part 101.

51. All parties commenting on this issue strongly support the
    Commission's proposals to consolidate and reference in Part 101
    existing Parts 74 and 78 rules limiting RF radiation directed toward
    geostationary satellites.[^96] Comsearch also recommends the
    deletion of Section 78.105(a)(4), which it contends, is redundant
    with Section 78.106 because both sections address antenna
    restrictions regarding the geostationary satellite orbit (GSO).

52. *Discussion*. We are adopting our proposal to consolidate in Part
    101 any Parts 74 and 78 technical rules that pertain to protecting
    geostationary satellites from interference from terrestrial systems.
    This action will decrease redundancy in our rules and ensure that
    future changes to GSO protection requirements are consistent across
    affected services. In this connection, we will update the
    frequencies listed in Section 101.145(b) and (c) to encompass the
    BAS and CARS bands subject to RF radiation limits directed towards
    satellites. We note that this will result in the addition of the
    frequency band 6875-7075 MHz to Section 101.145(b) and the frequency
    band 12.75-13.25 GHz to Section 101.145(c). Additionally, as
    suggested by Comsearch, we are deleting Section 78.105(a)(4), which
    restricts CARS antenna orientation to prevent interference to GSO
    satellites in the 12.70-12.75 GHz band, as these protections are
    redundant with those afforded by Section 78.106(b) for the larger
    12.70-13.25 GHz band.

**7. Frequency Coordination**

53. Currently, Parts 74 and 78 of the Commission's rules for TV BAS and
    CARS require that the frequency coordination procedures of Part 101
    be used for assignments in the 6425‑6525 MHz and 17.7‑19.7 GHz
    bands.[^97] The Part 101 procedures generally require parties to
    coordinate their planned spectrum use with potentially affected
    parties prior to filing a license application. Additionally, the TV
    BAS and CARS rules specify identical interference protection
    criteria for the 12,700‑13,250 MHz band. Such rules are necessary to
    promote spectrum efficiency and to minimize the potential for any
    system to cause harmful interference to other systems in the same
    frequency band. In the *Part 101 Order*, the Commission amended its
    rules to conform the frequency coordination procedures for microwave
    systems to TIA industry standards and to apply these standards to
    all microwave bands.[^98]

54. In the *Notice*, the Commission proposed to require that all
    prospective applicants in frequency bands above 1990 MHz for TV BAS
    and CARS coordinate their planned spectrum use prior to filing
    applications, using the procedures of Section 101.103(d). Further,
    in order that applicants and licensees can easily locate the
    coordination rules, the *Notice* proposed to amend Section 78.36 to
    mirror the Part 101 coordination rules. The *Notice* requested that
    commenters address whether a frequency coordination requirement
    should be imposed uniformly across the United States or only applied
    to the most heavily congested markets. Additionally, the *Notice*
    requested comment on whether aural BAS stations operating above
    944 MHz should also adhere to the procedures of Section
    101.103(d).[^99]

55. Comments were mixed on the proposals set forth in the *Notice*. A
    number of parties support using Section 101.103(d) procedures,[^100]
    while SBE and Viacom oppose using those procedures.[^101] APTS/PBS
    support these procedures and assert that prior coordination should
    be required uniformly across the U.S.[^102] MSTV/NAB support Section
    101.103(d) procedures for fixed operations, but contend that TV
    pick-up for ENG should follow existing ad-hoc, local frequency
    coordination procedures, which permit frequency coordination on a
    near real time basis.[^103] NSMA supports Section 101.103(d)
    coordination as proposed, arguing that that it works well to protect
    both terrestrial and satellite communications. NSMA urges that the
    12.7-13.25 GHz band be included in these requirements.[^104]

56. SBE opposes the adoption of Section 101.103(d) coordination
    procedures for BAS in the 950 MHz, 2 GHz, 2.5 GHz, 7 GHz, and 13 GHz
    bands, asserting that the Part 101 process would be unnecessarily
    complex and burdensome. It favors rules that keep the existing less
    formal BAS frequency coordination procedures, but would add a
    requirement that applicants provide evidence of frequency
    coordination for fixed point-to-point systems.[^105] In this
    connection, SBE recommends interference ratios and criteria for use
    in frequency coordination.[^106] SBE expresses particular concern
    that frequency coordinators will not take into account patterns of
    mobile use, with the result that mobile use may be disrupted by new
    fixed facilities. Further, SBE asserts that because ENG operations
    are generally coordinated in real time or near real time, formal
    Section 101.103(d) procedures would not work.[^107] Viacom agrees
    with SBE in opposing the adoption of Part 101 prior coordination
    procedures for BAS.[^108]

57. KNME-TV (KNME) supports the proposed adoption of Part 101 prior
    coordination procedures for all TV BAS stations to prevent
    interference and abuse. It contends that a lack of frequency
    coordination has resulted in widespread abuse and a general
    disregard of the voluntary process. KNME recommends that frequency
    coordination be imposed uniformly across the country, including
    rural areas.[^109]

58. MRC supports prior coordination for fixed links, but argues that
    non-fixed links should be exempted in favor of the existing local
    frequency coordination process, which it contends is working well.
    MRC also supports the adoption, for BAS, of criteria in Section
    101.105(c) and consequently TIA TSB 10-F, which provide guidelines
    for applying and developing interference protection criteria,
    because they are consistent with the existing Section 74.638 in
    establishing a minimum adjacent channel interference C/I ratio of 56
    dB. MRC states that this ratio exceeds the ratio required by MRC's
    TwinStream radio.[^110]

59. Globalstar urges the adoption of rules requiring coordination of BAS
    and CARS with non-geostationary satellite orbit (NGSO) MSS user
    uplinks allocated in the 2 GHz band and feeder downlinks proposed to
    be allocated under ET 98-142 in the 7 GHz band.[^111] SBE calls
    Globalstar's proposals to protect NGSO MSS feeder downlinks from TV
    Pickup operation in the 7 GHz band premature because MSS feeder
    downlinks have not yet been allowed under ET Docket 98-142.[^112]

60. *Discussion*. Based on the comments, we are adopting frequency
    coordination procedures for all TV and aural BAS and CARS frequency
    bands. The rules being adopted herein will require all fixed
    stations, except for those in the 1990-2110 MHz band, to use the
    frequency coordination procedures of Section 101.103(d). For mobile
    BAS and CARS, we will maintain the use of Section 101.103(d)
    procedures in those bands where it is currently required (*i.e*.,
    6425-6525 MHz and 17.7-19.7 GHz)[^113] and flexibly permit use of
    Section 101.103(d) or local coordination procedures for the
    2450-2483.5 MHz, 6875-7125 MHz, and 12,700-13,250 MHz bands. For all
    other mobile BAS and CARS stations, we will continue to allow mobile
    stations to coordinate locally. In the 1990-2110 MHz band, we will
    maintain the current system which allows for local coordination of
    all stations. The rules will be applied uniformly across the United
    States for both urban and rural environments.[^114]

61. We find that Section 101.103(d) prior coordination procedures are
    appropriate for fixed BAS and CARS applications, except as explained
    below for the 1990-2110 MHz band. Uniform procedures for bands
    shared among these services, are necessary to ensure as much
    protection as possible to stations while minimizing the possibility
    of stations to cause or receive harmful interference. SBE is
    concerned that fixed station coordinators will not take into account
    mobile station use, but we do not share this concern. To properly
    coordinate a station, frequency coordinators must incorporate and
    plan for mobile stations as well as other fixed stations. To do
    otherwise would ignore the operating environment and do a disservice
    to the coordinator's client, who could be at risk if mobile use
    patterns are not taken into account. We believe that the collective
    needs of the local BAS licensing community to deploy mobile as well
    as fixed operations in their community will ensure that mobile
    patterns of use are fully respected in the selection of fixed
    frequencies by frequency coordinators under contract to provide
    service to any prospective BAS licensee in that community. In this
    connection, we acknowledge the role local frequency coordinating
    bodies have played in maintaining order within the BAS bands and
    encourage licensees to continue consulting with these bodies as they
    pursue future licensing. SBE asks that if we implement the Part 101
    procedures for BAS, that we require notification of applications to
    the national SBE Frequency Coordination Director. We decline to
    require this. We find that such a procedure could be overly
    burdensome to applicants and coordinators. Moreover, it is
    unnecessary, given the involvement of local frequency coordinating
    bodies in fixed frequency selection, and especially given that all
    applications accepted for filing are publicly available through the
    ULS. The public availability of filing information has worked well
    in informing FS frequency coordinators of current filings and we
    believe it will satisfy the needs of the national SBE Frequency
    Coordination Director without increasing the filing burden on
    applicants or coordinators.

62. With respect to mobile TV BAS/CARS applications, we find that
    Section 101.103(d) coordination procedures would be unnecessarily
    burdensome. Given the urgency of ENG operations, and the long
    history of successful real time frequency coordination provided by
    local coordinators, we find that there is little potential that
    interference would result from its continued function without
    imposing the formality of Section 101.103(d) procedures. We
    therefore decline to adopt rules requiring Section 101.103(d)
    coordination procedures for mobile TV BAS/CARS stations for the 2
    GHz, 2.5 GHz, 7 GHz, and 13 GHz bands. Licensees in these bands,
    except the 2 GHz band discussed below, will have the flexibility to
    exercise either Section 101.103(d) procedures or local coordination
    procedures, as appropriate to the situation. In the 6425-6525 MHz
    and 17,700-19,700 MHz bands, we maintain the existing rules
    requiring Section 101.103(d) coordination procedures for mobile TV
    BAS/CARS, as these bands are used heavily by FS services as well as
    BAS/CARS and subject to the same procedures. We believe that the use
    of the expeditious verbal notification and response procedures
    available in Section 101.103(d) has worked well in accommodating
    mobile users of all services in these shared bands, and to permit
    different or less formal procedures for BAS/CARS applicants would be
    inequitable and could lead to inconsistency and confusion in
    frequency coordination. A table summarizing the coordination
    requirements is provided below.

63. For the 1990-2110 MHz band, we will continue to maintain procedures
    which allow for local frequency coordination for all stations --
    fixed and mobile. In this band, we deviate from the policy
    articulated above for fixed stations based on unique circumstances
    of this band. Specifically, it is used predominantly by mobile TV
    pickup stations, but also supports some fixed links and it is
    currently transitioning to accommodate MSS in the 1990-2025 MHz
    portion of the band. Because each area of the United States may
    transition to MSS at different times, local frequency coordinators
    may be in the best position to accommodate requests to local
    operating conditions. We note that the use of a local coordinator is
    not mandated and licensees are free to coordinate stations
    themselves or by going to the coordinator of choice. SBE asks that
    under such a scheme, we require evidence of frequency coordination,
    similar to that required by the procedures of Section
    101.103(d).[^115] We agree with SBE that a method of verification is
    necessary. The rules of Section 101.103(d) have worked well in the
    past and we adopt a similar requirement here. Thus, we are adopting
    changes to Sections 74.638 and 78.36 which supplement local
    frequency coordination procedures for fixed systems to require the
    submission of a certification attesting that all co-channel and
    adjacent-channel licensees and applicants potentially affected by
    the proposed fixed use of the frequencies have been notified and are
    in agreement that the proposed facilities can be installed without
    causing harmful interference to other users. Finally, we do not find
    it necessary to require the submission of detailed engineering
    calculations, as suggested by SBE.[^116] The accomplishment of such
    calculations is inherent to the frequency coordination process. In
    this regard, we rely on coordinators to use good engineering
    judgment when coordinating systems and give deference to their
    recommendations. Requiring a detailed engineering submission such as
    that described is therefore unnecessary.

+------------+--------------------+-----------------+----------------+
| BAS/CARS   | Frequency          |                 |                |
|            | Coordination       |                 |                |
| Frequency  | Procedures         |                 |                |
|            |                    |                 |                |
| Band       |                    |                 |                |
+------------+--------------------+-----------------+----------------+
|            | Existing           | New             |                |
|            | Requirements       | Requirements    |                |
+------------+--------------------+-----------------+----------------+
|            | Fixed and Mobile   | Fixed           | Mobile         |
+------------+--------------------+-----------------+----------------+
| 2 GHz      | Local              | Local (no       | Local (no      |
|            |                    | change)         | change)        |
+------------+--------------------+-----------------+----------------+
| 2.5 GHz    | Local              | Prior           | Local or Prior |
+------------+--------------------+-----------------+----------------+
| 6.5 GHz    | Prior              | Prior (no       | Prior (no      |
|            |                    | change)         | change)        |
+------------+--------------------+-----------------+----------------+
| 7 GHz      | Local              | Prior           | Local or Prior |
+------------+--------------------+-----------------+----------------+
| 13 GHz     | Interference       | Prior           | Local or Prior |
|            | Criteria           |                 |                |
+------------+--------------------+-----------------+----------------+
| 18 GHz     | Prior              | Prior (no       | Prior (no      |
|            |                    | change)         | change)        |
+------------+--------------------+-----------------+----------------+

64. An additional issue related to frequency coordination involves
    protection standards for stations. MRC asks that we adopt
    interference criteria for BAS coordination that is similar to the FS
    procedures in Sections 101.105(c) and 101.103(d). These criteria
    incorporate TIA TSB 10-F, or, alternatively, the exercise of good
    engineering practices or conservative default criteria. SBE, while
    not commenting directly on Section 101.105, recommends that
    coordinators be given flexibility regarding frequency
    coordination.[^117] We note that the *Notice* discussed the
    importance of uniform frequency coordination procedures and
    standards to simplify coordination in shared bands and minimize the
    potential of stations causing interference.[^118] In this regard,
    the procedures in Part 101 have served the FS well in the past,
    providing a firm and uniform, yet adaptable, basis for engineering
    systems without harmful interference, while maximizing frequency
    re-use. Thus, we believe that these same procedures will similarly
    benefit BAS and CARS. We note that these criteria are consistent
    with those already in effect for all BAS and CARS operations in the
    12.7-13.25 GHz band.[^119] We are therefore adopting Section 101.105
    interference criteria for use where Section 101.103(d) frequency
    coordination procedures apply to BAS and CARS.

65. Finally, we decline to consider in this proceeding sharing issues
    and frequency coordination requirements between BAS/CARS and MSS. We
    acknowledge that new coordination procedures need to be developed
    for sharing between NGSO MSS user uplinks in the 2 GHz band and
    downlinks in the 7 GHz band, and BAS and CARS operations. However,
    those issues will be addressed in a future proceeding.[^120]

**8. Frequency Tolerance**

66. The *Notice* proposed to amend the frequency tolerance rules for TV
    BAS.[^121] Specifically, consistent with the proposal made in the
    *Part 101 NPRM*,[^122] the *Notice* proposed to eliminate separate
    frequency tolerance requirements for base and mobile operations.
    Additionally, the *Notice* proposed to adopt a frequency tolerance
    of 0.001% for TV BAS equipment operating in the 2450-2483.5 MHz
    band, which does not have a limit under the current rules. Finally,
    the *Notice* proposed to grandfather existing authorized BAS systems
    in the 2483.5-2500 MHz band at their current frequency
    tolerance.[^123]

67. Commenting parties support the proposals set forth in the
    *Notice*.[^124] However, MRC notes that it currently manufactures TV
    BAS equipment with tolerances of 0.005% for fixed analog radios and
    0.002% for portable analog radios, and states that all radios in the
    field or currently under production for existing product lines
    should be grandfathered.[^125] Red River agrees that grandfathering
    is necessary, arguing that, if their existing equipment had to be
    replaced before its cost was fully amortized, and they would incur a
    substantial adverse economic impact.[^126]

68. *Discussion*. As proposed in the *Notice*, we are eliminating
    separate frequency tolerance requirements for base and mobile
    operations, and are adopting a frequency tolerance of 0.001% for
    fixed and mobile TV BAS equipment operating in the 2450‑2483.5 MHz
    band.[^127] We find that having consistent frequency tolerance
    requirements for both fixed and mobile transmitters will simplify
    frequency coordination and improve spectrum efficiency. Similarly,
    by adopting a frequency tolerance requirement, we will ensure that
    spectrally efficient equipment is used and, for example, in the
    2450-2483.5 MHz band, that the potential for adjacent channel
    interference is reduced. In that regard, to accommodate existing
    product lines in the 2450-2483.5 MHz band such as those of MRC, we
    will delay the effective date of the 0.001% tolerance in that band
    for two years. We find that this will accommodate MRC's existing
    product line, and strikes a balance between the benefits of spectrum
    efficiency afforded by a tighter tolerance and the indefinite
    accommodation sought by MRC for non-compliant product lines. Thus,
    we will grandfather existing equipment and equipment of current
    production lines exceeding the new 0.001% tolerance in the
    2450-2483.5 MHz band and authorized, via certification or
    verification,[^128] up to two years after the adoption of this
    *Report and Order*, and stations authorized to use such equipment
    pursuant to an application filed up to two years after the adoption
    of this *Report and Order*. However, any such non-conforming
    equipment replaced on or after two years after the adoption of this
    *Report and Order* must be replaced by conforming equipment.

**9. Use of the 13.150-13.2125 GHz Band by BAS and CARS Pickup
Stations**

69. In ET Docket No. 98-206, the Commission allocated the band
    12.75-13.25 GHz for Non-Geostationary Fixed Satellite Service (NGSO
    FSS) uplinks on a co-primary basis.[^129] The 13.15-13.20 GHz
    portion of that band is currently used by TV BAS and CARS Pickup
    Stations within 50 km of the top 100 television markets and by fixed
    TV auxiliary stations in all other areas.[^130] To protect these
    operations, the NGSO FSS systems were excluded from operating in the
    13.15-13.2125 GHz band (channels A19, A20, B19 and B20).[^131] In
    the *NGSO Order*, the Commission expanded these exclusions in favor
    of TV BAS and CARS to include frequencies up to 13.2125 GHz and to
    extend to the entire United States. This action was predicated on
    the expectation that BAS and CARS mobile operations will be
    concentrated on those four channels.[^132] Based on that action, the
    Commission proposed to update Section 74.602(a), Note 2 to reflect
    these changes. Further, the *Notice* proposed to grandfather all
    fixed stations that were licensed in the 13.15‑13.2125 GHz band
    prior to the effective date of the rules in the *NGSO Order*.[^133]

70. Both MSTV/NAB and SBE support our proposals.[^134] SBE notes that,
    in light of the *NGSO Order*, it makes sense to extend the
    reservation and grandfather existing fixed BAS and CARS.[^135]

71. *Discussion*. As proposed in the *Notice*, we are updating Section
    74.602(a) Note 2 to implement, in accordance with the *NGSO Order,*
    expansions in mobile TV BAS and CARS pickup stations' use of the
    13.15-13.2125 GHz band and the exclusion of NGSO FSS from that
    band.[^136] We note that the recent *Optel Order* has rendered BAS
    pickup stations primary, and CARS stations, secondary to BAS pickup
    stations, in the 13.20-13.25 GHz band,[^137] and we are updating
    Section 74.602(a), Note 2, accordingly, to reflect this status in
    the 13.20-13.2125 sub-band. Consistent with these actions, we are
    also updating Section 78.18(1) with respect to CARS, and footnote
    NG53 to the Table of Frequency Allocations in Section 2.106.
    Further, we are grandfathering at their current status all fixed
    stations licensed in the 13.15‑13.2125 GHz band prior to the
    effective date of the rules in this *Report and Order*.

**10. Use of the 31.0‑31.3 GHz and 38.6-40.0 GHz Bands by the BAS and
CARS**

72. In 1997, the Commission redesignated the 31.0‑31.3 GHz band for the
    Local Multipoint Distribution Service (LMDS) and deleted the
    designations for BAS and CARS.[^138] Consequently, BAS and CARS are
    no longer authorized to operate in this band. However, many of the
    technical rules continue to mention this band. Therefore, the
    Commission proposed in the *Notice* to eliminate references to the
    31.0‑31.3 GHz band in the aural BAS, TV BAS and CARS rules.[^139]

73. Similarly, the Commission, in 1997, adopted rules and procedures to
    assign the 38.6‑40.0 GHz band by competitive bidding.[^140] That
    band had been available for assignment to mobile BAS and CARS
    licenses without bandwidth limitation and on a secondary basis to
    fixed stations.[^141] In addition to the new assignment procedures,
    the Wireless Telecommunications Bureau, pursuant to delegated
    authority, adopted an *Order* (*Freeze Order*) announcing that the
    Commission would no longer accept for filing any new applications
    for 39 GHz licenses in the Common Carrier or Private Operational
    Fixed Point-to-Point Radio Services.[^142] In addition, consistent
    with the policy of the *Freeze Order* and the assignment of new
    licenses by auction, no new assignments are being made for BAS or
    CARS licenses in the 38.6-40.0 GHz band.[^143] Accordingly, the
    Commission proposed in the *Notice* to remove all references to the
    38.6-40.0 GHz bands from the BAS and CARS rules. As a final matter,
    the Commission noted that there are 15 incumbent Television Pickup
    BAS stations operating in this band. In the *Notice,* the Commission
    stated that these BAS licensees may continue to operate under the
    parameters of their current licenses and renew those licenses in the
    future.[^144]

74. Commenting parties generally support the proposals set forth in the
    *Notice*.[^145] SBE states that it agrees with the proposed
    elimination of references to the 31.0-31.3 GHz and 38.6‑40.0 GHz
    bands from BAS and CARS technical rules, since those bands are no
    longer available to BAS, and concurs with the grandfathering of
    incumbents in the 38.6-40.0 GHz band. SBE also requests that the
    Commission provide guidance on how to identify, contact, and
    coordinate with the primary occupants of the band.[^146]

75. Winstar states that it strongly supports the proposed elimination of
    references to the 31.0-31.3 GHz band from all BAS and CARS technical
    rules, as that band is currently designated for primary use by LMDS
    and there are no currently active BAS or CARS authorizations in the
    band.[^147] Winstar states that it also supports the proposed
    elimination of references to the 38.6-40.0 GHz band from BAS and
    CARS frequency assignment rules, but suggests that the references to
    that band in certain BAS technical rules be maintained because those
    rules set technical limitations on incumbent operations in the band.
    Winstar also expresses concern with the *Notice*'s proposal to allow
    incumbent BAS licensees in the 38.6-40 GHz band to continue
    operating. It notes that, according to the ULS, the locations of the
    16 active BAS licenses are in nine of the largest major metropolitan
    areas in the country.[^148] Winstar strongly urges the Commission to
    clarify that all BAS operations in the 38.6-40.0 GHz band, which are
    secondary, must coordinate with primary fixed wireless licensees
    prior to each operation, with no exceptions for unanticipated need
    for immediate operation. Alternatively, Winstar recommends that the
    Commission eliminate secondary BAS licenses from the band, in order
    to avoid adversely impacting Winstar's service availability.
    Finally, Winstar urges the Commission to publicize the fact that
    information on all fixed wireless licenses in the band is available
    on the ULS to all incumbent BAS operators.[^149]

76. *Discussion*. We are adopting the proposals in the *Notice* to
    eliminate references to the 31.0-31.3 GHz and 38.6-40.0 GHz bands
    from BAS and CARS technical rules, and to grandfather BAS incumbents
    in the 38.6-40.0 GHz band. No party opposes the first proposal, and
    only Winstar expresses concern regarding the second proposal. With
    respect to Winstar's concern, we note that the incumbent BAS
    licensees remain bound by the operational parameters specified on
    their current authorizations. We also clarify that, as stated in
    footnote US291 to the Table of Frequency Allocations, mobile BAS
    facilities in the 38.6-40.0 GHz band operate on a secondary basis
    with respect to stations operating in accordance with the Table of
    Frequency Allocations, which include Winstar's operations under
    Part 101. In this connection, consistent with our actions removing
    references to the 38.6-40.0 GHz band from Part 74, we are deleting
    Auxiliary Broadcasting from that band in the Table of Frequency
    Allocations. We are also deleting footnote US291 from the Federal
    Government and Non-Federal Government columns of the table and
    replacing it with footnote NG175 in the Non-Federal Government
    column only, revised to show that the band is no longer available
    for BAS, and that incumbent mobile BAS operations licensed as of the
    effective date of the rules in this *Report and Order* are
    grandfathered and may continue to operate indefinitely on a
    secondary basis with respect to Part 101 licensees. We are revising
    Section 2.106, Table of Frequency Allocations, and Part 74 of our
    rules, accordingly.[^150]

**11. Antennas**

77. In addition to the specific proposals made in the *Notice*, we asked
    commenters to identify other rule changes that would benefit the
    BAS. In this regard, MRC requests that periscope antenna
    systems[^151] be prohibited from BAS, as they are in other
    services,[^152] because periscope antenna sidelobe rejection is poor
    and unpredictable, and can cause interference to both satellite and
    terrestrial systems.[^153]

78. *Discussion*. The existing provisions that accommodate new periscope
    antennas in Section 74.641 and 78.105 do so only on the condition
    that applicants make a persuasive showing that no frequency
    conflicts exist in the area of intended operation.[^154] This
    constraint ensures that new periscope antennas will not cause
    unacceptable interference to terrestrial or satellite users. We
    therefore decline to limit flexibility in BAS antenna selection at
    this time.

**B. BAS Service Rules (Part 74)**

**1. Temporary Conditional Authority**

79. In the *Notice,* the Commission proposed to allow BAS applicants who
    apply for new or modified stations to operate under temporary
    conditional authority after an application has been properly filed
    with the Commission.[^155] This type of operating authority is
    permitted in other coordinated services, such as those authorized
    under Parts 90 and 101 and Remote Pickup BAS.[^156] The Commission
    proposed to make such temporary conditional authority subject to the
    following conditions:

-   The applicant must be eligible to operate the particular class of
    broadcast auxiliary station.

-   The station must be operating in conformance with the rules for that
    particular class of station and in accordance with the terms of the
    frequency coordination.

-   The application does not propose operation in an area that requires
    international coordination.

-   The application does not request a waiver of the Commission's rules.

-   The proposed station will not significantly affect the environment
    as defined in Part 1, Subpart I of the Commission's rules.[^157]

-   The antenna structure either has a FCC Registration Number or is
    determined to not need one.

-   The proposed station affords protection to radio "quiet" zones and
    monitoring stations.[^158]

The Commission also proposed to allow temporary conditional authority
for low power auxiliary stations authorized under Part 74, Subpart
H.[^159] To effectuate these changes, the Commission proposed to delete
Section 74.431(g) and to adopt new Section 74.25 to allow temporary
conditional authorizations for all broadcast auxiliary services.[^160]

80. Commenting parties generally support the proposals set forth in the
    *Notice*.[^161] MSTV/NAB support allowing temporary conditional
    authority for BAS stations, provided that the BAS facility has been
    appropriately coordinated.[^162] Comsearch states that temporary
    conditional authority has been extremely useful to Part 101 users in
    allowing rapid deployment and should be available to BAS and CARS
    users.[^163] SBE concurs with the proposal, provided that there is
    evidence of local frequency coordination and the conditions proposed
    in the *Notice* are met.[^164] However, Comsearch opposes temporary
    conditional authority based on local frequency coordination, which
    it contends is a unilateral frequency coordination process.
    Comsearch argues that the licensees and applicants who are affected
    by a temporary conditional authority proposal must be given an
    opportunity to review and, if necessary, oppose that proposal prior
    to operation of the proposed facilities.[^165]

81. *Discussion*. We find that providing BAS applicants with the ability
    to operate under temporary conditional authority is appropriate. As
    suggested by the commenting parties, such an approach will permit
    the provision of service in a timelier manner without causing
    harmful interference to existing licensees, so long as frequency
    coordination is successfully performed. Accordingly, we are deleting
    Section 74.431(g) and adopting a new Section 74.25 to allow
    temporary conditional authorizations for all broadcast auxiliary
    services.[^166]

**2. Short‑Term Operation**

82. Section 74.24 provides broadcast licensees regulated under Part 73
    of our rules (*i.e.*, AM, FM, and TV broadcast stations, including
    Class A stations) with the authority to operate a broadcast
    auxiliary station on a short‑term secondary basis, for up to 720
    hours per year, without prior authorization from the Commission,
    subject to providing notification to the local frequency
    coordinator, and to co-channel and adjacent channel CARS
    licensees.[^167] This rule section provides broadcasters with
    flexibility to respond to short term situations that occur outside
    of a station's normal operating area without coming to the
    Commission with requests for STA. However, the same flexibility is
    not afforded to broadcast network entities, cable network entities,
    or LPTV stations, even though these entities are eligible to hold
    BAS licenses. Thus, the current rules allow one class of BAS
    licensees - broadcasters - to operate under the short-term operation
    rule, but exclude all other BAS licensees even though each of these
    entities may operate their own news services and originate
    programming. Because we believe that broadcast and cable network
    entities and LPTV stations would benefit from the short‑term
    operation rule and such use would provide equity under our rules for
    all entities eligible for a BAS license, the Commission proposed in
    the *Notice* to expand the eligibility of this rule.[^168] The
    Commission also proposed to clarify that entities may not invoke the
    notification exception for scheduled events.[^169] The Commission
    further proposed to codify the procedures for designating a
    coordinator as the single point of contact for advance coordination
    of auxiliary broadcast frequency usage of major national and
    international level scheduled news events. In the *Notice* the
    Commission pointed out that it has accomplished this in the past by
    issuing a Public Notice, but that such procedures should be
    contained in the rules.[^170] The Commission also sought comment on
    whether the current Rule which limits short-term operation for a
    licensee to 720 hours per year per frequency should be modified, and
    whether stations should be required to keep a log of their short
    term use in their station records.[^171]

83. Commenting parties generally support the proposals set forth in the
    *Notice*.[^172] APTS/PBS state that they support the proposals to
    extend short-term operation to broadcast network entities, cable
    entities, and low power television stations; to relax the
    notification requirement only in cases of unanticipated need for
    immediate short-term mobile operation, specifically excluding
    scheduled events; and to establish a procedure for designating a
    frequency coordinator for short-term BAS operations covering major
    national and international scheduled news events.[^173] MSTV/NAB
    state that they generally support the proposal to extend short-term
    operation to broadcast networks, cable, networks, and LPTV stations,
    but contend that it is vitally important to require that all such
    operations be prior coordinated. MSTV/NAB also contend that there is
    no clear definition of a scheduled event, for which the licensee
    would be excluded from invoking the notification exception in
    proposed Section 74.24(g). MSTV/NAB further support the proposed
    procedures to designate a frequency coordinator for short-term
    operations at special events, if such designation is granted
    following a formal request. Finally, MSTV/NAB oppose changing the
    current 720 hour limit on short-term operation or requiring stations
    to log and track their short-term use.[^174]

84. SBE also concurs with the proposal to extend short-term operation to
    broadcast network entities, cable network entities. However, SBE
    recommends that because these entities do not have call signs, they
    identify themselves using the network or cable base entity name and
    city of operation.[^175] SBE would disallow short-term operation for
    links operated intermittently on permanently installed antennas, as
    it believes such operation should be frequency coordinated and
    licensed. SBE also recommends that the existing requirement to
    always provide advance notice to co-channel and adjacent channel
    CARS licensees is unnecessary and redundant, given the current
    frequency coordination tools and the experience and knowledge of
    local coordinators.[^176] In addition, SBE asserts that the 720 hour
    limit has proven to be unenforceable and should be changed to a 30
    calendar day period per year per market. It contends that this would
    be simpler to follow and enforce because broadcasters would not have
    to count hours or skipped days and a FCC field engineer would only
    need to determine the date of first operation to ascertain
    compliance. As an exception, SBE would allow itinerant operators to
    halt and restart the 30-day clock each time it leaves and returns to
    a market.

85. Globalstar states that it does not object to extending short term
    operation to broadcast network entities, cable network entities and
    LPTV stations, but asserts that because such use has been
    increasing, it is essential that coordination be conducted prior to
    commencing operation, particularly for mobile operations in spectrum
    shared with satellite services. Globalstar urges that in addition to
    notification, coordination should be accomplished with the frequency
    coordinating committee or co-channel licensee prior to commencement
    of operations to avert interference to an NGSO MSS feeder downlink.
    For the same reasons, Globalstar urges that the proposed exception
    to notification in cases of unanticipated need not be allowed for
    spectrum shared with NGSO MSS spectrum in the 2 GHz and 7 GHz bands.
    Finally, Globalstar recommends that the Commission list in its rules
    a telephone number and website address for contacting local
    coordinating committees and special event coordinators, similar to
    the outdated reference in current Section 74.24(g) that refers
    applicants to the Commission's Auxiliary Services Branch for
    information on active frequency coordination committees.[^177]

86. In reply comments, SBE notes that all short term authority operation
    is secondary. Therefore it is not necessary to prohibit
    uncoordinated short-term use under the notification exception in the
    2 GHz and 7 GHz bands, as requested by Globalstar.[^178]

87. *Discussion*. To promote consistent treatment of licensees with
    similar operations, we adopt our proposal to extend the short-term
    operation rules to broadcast network entities, cable network
    entities, and LPTV stations. This action, which is not opposed by
    any commenter, will simplify the process for these entities when it
    is necessary to provide coverage of events outside of its normal
    coverage area. In addition, our proposal to codify rules and
    procedures for designating a coordinator for major special events
    was supported by commenters and is adopted as proposed with one
    clarification; we will specify in Section 74.24(g)(2)(i) that the
    initial request for such designation be made in writing. Such
    designations will be made by public notice which will include all
    necessary contact information. Thus Globalstar's request that
    contact information be placed in the rules is denied.[^179]

88. Extending this rule to cover additional entities raises questions
    regarding compliance with the various station identification rules.
    Therefore, because broadcast network and cable network entities do
    not have individual station call signs for identification purpose,
    we will require them to use their network or cable entity name along
    with their base of operations city for compliance with the station
    identification rules, as suggested by SBE. Using such a scheme will
    make it easy to identify the proper point of contact should a
    problem arise.

89. With respect to SBE's concern regarding intermittent operation on
    permanently installed antennas, we note that the rule does not
    prohibit such operation, and thus it is permitted, under Section
    74.24, without formal coordination and licensing.

90. With respect to adding a requirement that full frequency
    coordination be accomplished prior to operation under the short-term
    operation rule, we disagree with Globalstar that such a requirement
    is necessary. First, we note that all operation under this rule is
    secondary. Second, we believe that the current requirement to notify
    the local coordinating committee or co-channel licensees, and
    co-channel and adjacent channel CARS licensees is sufficient. These
    conditions assure that operations under the short-term operation
    rule have a minimal chance of causing harmful interference while
    providing broadcasters the ability to cover a newsworthy event
    without delay.

91. As detailed above, SBE requests that the requirement that co-channel
    and adjacent channel CARS be notified when a broadcaster operates
    under the short-term operation rule be deleted. We are not inclined
    to do so. We disagree with SBE's position that this requirement is
    unnecessary and redundant. CARS stations generally transmit large
    blocks of contiguous video channels with no filtering. The
    notification requirement is necessary to ensure that CARS licensees,
    particularly those operating on adjacent channels without receiver
    filtering, are afforded an opportunity to have prior knowledge of
    the RF operating environment. This is especially important in areas
    where local coordinators are not available or provide limited
    assistance.

92. Finally, we will maintain the current limitation of 720 hours per
    year per frequency for short‑term operation. We agree with the
    MSTV/NAB that the existing limit has worked well and that there does
    not appear to be a demonstrable need to make changes at this time.
    We do not believe that changing this limit to a 30 calendar day
    limit, as suggested by SBE, would significantly increase the
    enforceability of the rule, absent the imposition of a logging
    requirement. This is especially true for the stop/start provisions
    which SBE also proposes to permit, as an exception to the 30
    consecutive day limit, for network entities with no regular presence
    in the market.

**3. Use of UHF‑TV Channels for TV STLs and TV Relay Stations**

93. Under Section 74.602(h) of the Commission's rules, TV STLs and TV
    relay stations may be authorized, on a secondary basis, to operate
    fixed point-to-point service on spectrum allocated for UHF‑TV
    stations.[^180] In addition to being secondary to full power UHF‑TV
    and Class A TV stations, these stations are also secondary to LPTV
    stations and translator stations, and to land mobile stations
    authorized under Parts 22 and 90 in areas where land mobile sharing
    is permitted.[^181] The rules, however, do not contain any
    guidelines regarding acceptable power limits or antenna
    specifications for these stations.[^182] Instead, the Commission has
    developed policies to determine how to authorize these stations.
    Specifically, TV STL and TV relay station applicants that request
    output power greater than 20 watts or a transmitting antenna with a
    3 dB beamwidth greater than 25 degrees are asked to submit an
    engineering analysis to demonstrate why the higher output power or
    wider beamwidth is necessary.[^183] Because the Commission is
    increasingly relying on automated processing, as evidenced by the
    ULS, it stated in the *Notice* that codifying operational parameters
    for these stations would be beneficial so that prospective
    applicants have as much information as possible to assist them. The
    Commission further stated that this change would shorten the
    application process by minimizing the number of applications that
    need to be returned due to failure to submit an engineering analysis
    if the stated specifications are exceeded.[^184]

94. To implement this policy in the rules, the Commission proposed to
    modify Section 74.602(h) to permit applicants for TV STL and TV
    relay stations up to 35 dBW EIRP, a 3 dB beamwidth of 25 degrees or
    less, and use of vertical polarization[^185] without submitting an
    engineering analysis.[^186] In addition, because the Commission also
    regularly licenses TV translator relay stations on UHF-TV channels,
    it proposed that they also be subject to these rules.[^187] Finally,
    the Commission proposed to limit future assignments on UHF-TV
    stations to channels 14-51 and to grandfather existing operations on
    channels 52-69. This proposal was made based on the Commission's
    recent reallocation of channels 52-59 (698-746 MHz)[^188] and
    channels 60-69 (746-806 MHz) from broadcasting to fixed, mobile, and
    broadcasting with most licenses to be assigned by competitive
    bidding.[^189]

95. Commenting parties generally support the proposals set forth in the
    *Notice*.[^190] In supporting the proposal MSTV/NAB additionally ask
    the Commission to require that such links be encoded to prevent
    reception by consumers. They contend that the vertical polarization
    restriction is insufficient in this regard.[^191] SBE, while
    supportive of placing the current policy requirements in the rules,
    objects to allowing these links to be established without an
    engineering analysis. It points out that the current rules which
    require point-to-point links to meet the same technical requirements
    of new TV translator or LPTV stations, protects existing broadcast
    stations, especially if the new station is intended to be located at
    a high elevation. In addition, SBE recommends providing an incentive
    to use vertical polarization, but not requiring its use. SBE would
    accomplish this by applying a 10 dB polarization factor to stations
    using vertical polarization during their analysis. SBE is supportive
    of restricting future links to channels 14-51 and our proposal to
    grandfather existing stations operating on channels 52-69.[^192]

96. The National Translator Association (NTA) opposes our proposal to
    cease licensing translator relay stations on UHF-TV channels 52-69.
    It asks that authorizations for new translator relay stations be
    permitted on these channels on a secondary, non-interference basis
    until such time as the Commission's Media Bureau stops accepting
    applications for new translator stations on these channels. It
    states that translator relay stations are an economical method of
    transporting a station's signals to TV translator station and that
    most translator relays are in relatively remote areas where new
    spectrum users will be slow to use the spectrum. It also notes that
    during the transition to DTV, stations will be using both analog and
    digital channels, making it difficult to find available channels for
    new translator relay operations.[^193]

97. *Discussion*. Based on the comments, we adopt, with some
    modification, our proposals with respect to the future use of UHF-TV
    channels by TV STLs, TV relay stations, and TV translator relay
    stations. We will permit these stations to obtain authorizations
    without submitting an engineering analysis so long as they meet the
    specified technical parameters -- maximum EIRP of 35 dBW, maximum
    transmitting antenna beamwidth of 25 degrees, and use of vertical
    polarization. In addition, we will limit future licensing, beginning
    as of the effective date of the rules of this *Report and Order*, of
    TV STLs and TV relay stations to channels 14-51; current stations on
    channels 52-69 will be grandfathered under the terms of their
    current authorization until the end of the DTV transition or until
    new primary licensees require the removal of such operations.
    Finally, for the reasons given by NTA, we will permit future
    licensing of TV translator relay stations on all UHF-TV channels
    52-69 through the end of the DTV transition as long as harmful
    interference is not caused to new primary services.

98. We disagree with MSTV/NAB and SBE that additional measures must be
    taken to protect UHF-TV broadcast operations from TV STLs, TV relay
    stations, and TV translator relay stations. The Commission
    articulated in the *UHF-TV Order* that, given the power and antenna
    restrictions and absent any evidence of TV BAS stations being used
    to provide direct service to the public, a coding requirement would
    present an unwarranted additional cost burden on these
    stations.[^194] We believe this still to be the case and decline to
    add this additional requirement as a condition of licensing. In the
    *UHF-TV Order*, the Commission eliminated certain engineering
    showings and streamlined the licensing process. In doing so, we are
    unaware of any stations that have encountered interference due to
    these policies. Therefore, we decline to adopt any additional
    restrictions or review procedures which would unnecessarily burden
    licensees or the licensing process. We will however make a slight
    wording change to Section 74.602(h)(1) to clarify that if any of the
    specified parameters are exceeded, an engineering analysis must
    accompany the application.[^195] We also point out that stations
    licensed under 74.602(h) are secondary and regardless of their
    operating parameters, must protect all primary stations using the
    UHF-TV spectrum, including land mobile stations.[^196]

99. Commenters, recognizing that the frequency bands encompassing UHF-TV
    channels 52-69 have been reallocated, generally support our proposal
    to cease licensing BAS stations on this spectrum. Accordingly, for
    applications filed on or after the effective date of these rules, we
    will no longer accept applications for TV STLs or TV relay stations
    for operations on TV channels 52-69. Existing stations will be
    grandfathered on a continued secondary basis under the terms of
    their current authorizations until the end of the DTV transition or
    until the band is needed for new primary status licensed
    services.[^197] This action will minimize encumbrance of the
    spectrum and ease the introduction of new services. We take a
    slightly different approach, however, to future licensing of TV
    translator relay stations. We will allow new authorizations for
    these stations to operate on UHF-TV channels 52-69 until the end of
    the DTV transition as long as there are no interference conflicts
    with new licensed services. We find that this action should not
    affect new uses of this spectrum as TV translator relay stations
    operate on a secondary basis to new primary services on UHF-TV
    channels 52-69 and TV translator relay stations are typically in
    remote areas. In addition, this is consistent with the Commission's
    decision in the *Channel 52-59 Reallocation Order*, which allows the
    continued filing and operation of new low power TV and TV translator
    stations, on a secondary basis, on Channels 52-69 through the end of
    the DTV transition.[^198] We observe that TV translator relay
    stations are typically used to carry TV signals to translator
    stations[^199] to serve communities that are far from TV broadcast
    stations. Such transmission is often more economically accommodated
    at UHF-TV frequencies than in the higher microwave frequency bands
    available to TV BAS. Given the value of TV translator relay stations
    to rural areas that may not see new primary services for years to
    come, and the fact that new TV translators may be authorized only on
    a secondary basis on UHF-TV Channels 52-69 through the end of the
    DTV transition, we find that the continued authorization and
    operation of TV translator relay stations is desirable and will not
    impact new primary services. Consistent with the *Channel 52-59
    Reallocation Order*, we also will permit translator relay stations
    in operation on channels 52-59 at the end of the DTV transition to
    continue operating on a secondary basis to new services after the
    end of the transition.[^200]

100. Finally, we remind all TV BAS licensees and prospective applicants
     for operation on UHF-TV channels 52-69 (698-806 MHz) that
     operations by new primary services in that band will be permitted
     anywhere within the licensed geographic areas as soon as they are
     licensed, and need not wait till the end of DTV transition, on
     December 31, 2006, or later,[^201] provided they do not interfere
     with full-power TV. For example, a new primary service licensee may
     be able to deploy in areas without TV service or make arrangement
     for spectrum access prior to the completion of DTV transition. TV
     BAS operations, because of their secondary status both during and
     after DTV transition, are not permitted to cause harmful
     interference to stations of primary services - including new
     licensees in the band as a result of the upcoming auctions. This
     means that if TV BAS operations cause harmful interference to these
     primary services, they must cease operation immediately, regardless
     of whether this occurs before or after the end of DTV transition.
     Secondary TV BAS operations are also required to accept any
     interference caused by these primary services.

> **4. TV BAS Sound Channels**

101. Section 74.603(b) of the Commission's rules provides authority for
     TV BAS stations to use an aural broadcast STL or relay station
     licensed under the aural BAS rules to transmit the aural portion of
     a television broadcast program. This use is on a secondary,
     non‑interference basis to programming of aural broadcast
     stations.[^202] In the *Notice*, the Commission stated that its
     understanding of current industry practice is for broadcasters to
     use multiplexing techniques, rather than separate sound channels,
     to transmit the aural portion and video portion of their
     programming over a single TV BAS channel. Therefore, the Commission
     proposed to eliminate Section 74.603(b). Additionally, the
     Commission proposed to eliminate the corresponding provision of
     Section 74.502(b) that provides TV BAS licensees' authorization to
     use the aural BAS channels. The Commission also sought comment on
     whether it should delete Section 74.603(c), which provides
     grandfathering rights so that TV BAS stations could continue
     operating aural STL or relay stations that were in service prior to
     July 10, 1970.[^203]

102. *Discussion*. SBE, the only commenter on this issue, confirms our
     understanding of current industry practice and concurs with our
     proposals.[^204] Accordingly, we adopt our proposals to eliminate
     Sections 74.603(b), 74.502(b), 74.603(c).

**5. Remote Pickup Broadcast Auxiliary Frequency Assignment**

103. In 1984, the Commission adopted a comprehensive revision of the
     rules for Remote Pickup station frequency assignments.[^205] That
     *Report and Order* split the Remote Pickup channels in the 150 MHz,
     160 MHz and 450 MHz bands into 5 kilohertz channels that could be
     "stacked" to create channels of various sizes. Thus, licensees
     could continue operating their equipment under existing licenses
     and existing and new licensees seeking to update their systems
     could make use of newer narrowband technology. The *Report and
     Order*, however, stated that an effective date for these rules
     would be specified in a future Order. To date, the Commission has
     not taken such action.

104. The rules written in 1984 for the Remote Pickup Broadcast Service
     were intended to provide licensees more freedom to choose and
     implement new technologies in their effort to make the most
     efficient use of the spectrum. Because many technical and
     regulatory changes have occurred since 1984, the Commission
     proposed in the *Notice* to amend the rules adopted in 1984, as
     discussed below, to ensure that this objective will be
     achieved.[^206]

105. Since 1984, significant advances have been achieved in the
     development of narrowband radios, such as the maturation of digital
     modulation techniques, improved coding processes, and development
     of more stable oscillators. In 1995, based on advances such as
     these, the Commission adopted a narrowband channel plan for the
     150--174 MHz and 450‑512 MHz bands used by Part 90 Private Land
     Mobile Radio Service (PLMRS) licensees.[^207] In that decision, the
     Commission adopted a channel plan in which channels were spaced
     every 7.5 kilohertz in the 150 MHz band and every 6.25 kilohertz in
     the 450 MHz band. Under certain circumstances, these channels could
     be stacked to allow the use of 6.25, 12.5 or 25 kilohertz
     equipment.

106. The Commission stated in the *Notice* that it believed that this
     same band plan is suitable for Remote Pickup BAS operations.
     Moreover, because many of the 150 MHz and 160 MHz Remote Pickup
     channels are shared with the Part 90 Industrial/Business Pool, the
     Commission stated that both services might benefit from a common
     channel plan, with the benefits including more predictable adjacent
     channel performance, easier coordination procedures, and economies
     of scale for equipment. The Commission noted, however, that under
     the 1984 rules, these benefits would not be realized if Remote
     Pickup licensees modify their operating frequencies to correspond
     to channel centers based on 5 kilohertz spacing. A shift to 5
     kilohertz spacing for BAS would create an operating environment in
     which Part 74 and Part 90 licensees are operating co‑channel,
     offset by 2.5 kilohertz or offset by 5 kilohertz.[^208] In many
     cases there would be significant overlap of RF energy between
     adjacent channels which could degrade the performance of user's
     systems as other nearby users attempt to transmit on closely spaced
     adjacent channels. In addition to the increase in potential
     interference, these conflicting channel plans would complicate the
     frequency coordination process because coordinators would need to
     account for many closely spaced adjacent channels. Consequently,
     the Commission proposed to amend the frequency assignment rules for
     the 150 MHz and 160 MHz bands in Section 74.402 to be consistent
     with the channel plan in effect in Part 90 (*i.e.*, 7.5 kilohertz
     channel spacing). Additionally, the Commission proposed to allow
     licensees to stack up to 4 channels to operate on channels as wide
     as 30 kilohertz. The Commission stated that implementing this
     channel plan could suit both Remote Pickup BAS operators and PLMRS
     providers, and would benefit users by allowing for common equipment
     to be used for both Part 74 and Part 90 licensees.[^209]

107. In the *Notice*, the Commission also stated that the vast majority
     of licensees in the 150 MHz and 160 MHz bands can be accommodated
     by the proposed channel plan without having to change their
     equipment. The proposed channel plan includes all of the channels
     used by the majority of licensees under the pre-1984 plan.
     Compliance with the 1984 channel plan, on the other hand, because
     it is based on 5 kHz channel spacing would require licensees to
     modify their operating frequency, either by retuning or replacing
     their equipment. The Commission stated that a search of its
     licensing database reveals that most licensees continue to operate
     on the Remote Pickup channels under the pre-1984 channel plan, and
     that there are only 7 Remote Pickup licensees in the 150 MHz band
     and 25 in the 160 MHz band that have begun operating using the 1984
     channel plan.[^210]

108. In the *Notice*, the Commission also proposed to modify the 1984
     channel plan for the 50 kilohertz wide Group N~1~ and 25 kilohertz
     wide N~2~ 450 MHz Remote Pickup channels. Specifically, the
     Commission proposed to standardize the Remote Pickup channel plan
     with the Part 90 channel plan by listing channels 6.25 kilohertz
     apart and allowing licensees to stack up to 8 channels
     (50 kilohertz). The Commission stated that, although Part 74
     licensees do not share this band with Part 90 licensees, by
     aligning to the Part 90 channel plan BAS licensees in this band
     will reap the same benefits as those expected for the VHF band. The
     Commission also observed that, similar to the VHF band, its
     database shows that most licensees continue to operate on the
     pre-1984 channel plan, although some licensees have begun migrating
     to the 1984 channel plan.[^211]

109. To accommodate all licensees who are operating in compliance with
     the 1984 channel plan, the Commission proposed in the *Notice* to
     give them three years from the date a new channel plan is adopted
     to modify their equipment and comply with the new plan. The
     Commission stated that this would provide licensees adequate time
     to either retune or replace equipment. However, because the number
     of licensees affected by our proposals is small, the Commission
     proposed to provide them the option to continue operating using the
     1984 channel plan after the three year transition period ends, but
     only on a secondary, non‑interference basis. The Commission stated
     that this course of action will minimize disruption to existing
     Remote Pickup BAS systems. Finally, the Commission noted that this
     proposal is consistent with the treatment of Part 90 licensees that
     were operating on 5 kilohertz channels in the VHF band prior to the
     *Refarming* proceeding.[^212]

110. In the *Notice*, the Commission also noted that the 10 megahertz
     wide Group P channels are limited to operational communications,
     including tones for signaling and for remote control and automatic
     transmission system control and telemetry.[^213] Because there are
     only eight Group P channels (four at each end of the band) and they
     are limited to this specialized use, the Commission stated that it
     was not inclined to alter them, but noted that, in light of the
     technological advances in radio, it was not convinced that the 50
     kilohertz wide Group R and 100 kilohertz wide Group S channels are
     still needed. The Commission declined to make specific proposals
     for these three groups of channels, but sought comment on the
     extent to which these channels are being used and asked whether
     their current bandwidth designations should be maintained or
     aligned with the 6.25 kilohertz channel plan.[^214]

111. Finally, the Commission stated in the *Notice* that, because Remote
     Pickup Service licensees will benefit most by having the capability
     to choose from a wide variety of radios, and in accordance with the
     Commission's proposal to standardize the Remote Pickup channels
     with those listed in Part 90, it believed that this service should
     adhere to the technical standards of Part 90. In this way, Part 74
     licensees could choose from among the wide variety of radios
     available for PLMRS licensees. Accordingly, for equipment designed
     to operate on channels with bandwidths of 30 kilohertz or less in
     the VHF and UHF Remote Pickup Service bands, the Commission
     proposed that the equipment comply with the Part 90 technical rules
     for the emission mask[^215] and frequency stability.[^216]
     Additionally, the Commission asked commenters to address whether
     the transient frequency behavior[^217] rules in Section 90.214
     would be appropriate to impose on Remote Pickup service
     transmitters.[^218]

112. Only SBE commented on this issue. SBE endorses the proposals to
     modify the channel plan consistent with the current Part 90 channel
     plan (*i.e.*, stackable 7.5 kilohertz channels in the 150/160 MHz
     band and stackable 6.25 kilohertz channels in the 450 MHz band).
     Because licensees will have the option of using narrowband Part 90
     radios, SBE believes that this change will benefit licensees
     through significantly lower Remote Pickup equipment costs,
     especially with respect to dispatch and operational traffic.[^219]
     To minimize the impact on current licensees, SBE recommends that no
     new restrictions be imposed on allowable types of modulation on
     these channels. In addition, it supports the proposal to provide a
     three year transition period for licensees to migrate to the new
     channel plan, including the option to remain on current channels on
     a secondary basis after three years.

113. With respect to technical parameters, SBE concurs with our proposal
     to apply the Part 90 emission masks and frequency stability
     requirements to narrow band Remote Pickup stations. It urges,
     however, that we maintain the current requirements for 25 kilohertz
     or wider channels in Groups N~1~ and N~2~ and wideband channels in
     Groups R and S. It states that coordinators have already
     implemented plans, including adjacent channel offsets, to
     accommodate these wide channels. SBE also recommends that we
     harmonize the Group P channels with the plan proposed for the Group
     N~1~ and N~2~ channels by rechannelizing them to 6.25 kilohertz
     stackable to 12.5 kilohertz. Finally, SBE recommends grandfathering
     existing licensees using 10 kilohertz Group P channels.[^220]

114. *Discussion*. As described above, the only commenter on this issue,
     SBE, supports our proposals with some modification. We agree with
     their suggestions and adopt our proposals as modified by those
     suggestions. Therefore, we will amend the channel plan for 150 MHz
     and 160 MHz Remote Pickup stations to list channels every 7.5
     kilohertz and allow licensees to stack up to four channels for a
     total of 30 megahertz. In addition, we will modify the Group N1 and
     N2 450 MHz channels to list channels every 6.25 kilohertz and allow
     licensees to stack up to eight channels for a total of 50
     megahertz. As suggested by SBE, we will also modify the Group P
     channels to list them every 6.25 kHz and allow licensees to stack
     up to two channels.[^221] Further, we will require new Remote
     Pickup station equipment designed to operate on channels 30
     kilohertz wide or less to comply with the Part 90 technical
     standards, including emission mask, frequency tolerance, and
     transient frequency behavior. By harmonizing all RPU channels and
     equipment with the Part 90 PLMR channel plan, licensees will
     benefit from economies of scale resulting from the use of equipment
     consistent with Part 90 operations. Additionally, this will
     simplify station coordination and reduce the potential for harmful
     interference.

115. To ease the transition to this new channel plan, we adopt our
     proposal to provide a three-year period for licensees operating on
     the channels adopted in 1984 to modify their licenses to the new
     channels. After three years, they may remain on their current
     channel assignments, but on a secondary, non-interference basis.
     Consistent with our action for the N~1~ and N~2~ channels we will
     also provide three years to licensees operating on the 10 kilohertz
     P channels to modify their licensees to the new channel plan. After
     that time they may remain on their current channel assignment but
     on a secondary basis. This will provide for a smooth transition to
     the new channels where incumbent operations will not inhibit the
     growth of systems on the new frequency plan.

**6. Federal Narrowbanding of 162‑174 MHz Band Land Mobile Frequencies**

116. The Interdepartment Radio Advisory Committee[^222] (IRAC) has been
     working to reduce the bandwidth of Federal Government land mobile
     operations in a number of frequency bands, including the
     162‑174 MHz band. Based on the work of the IRAC, the National
     Telecommunications and Information Administration (NTIA) adopted a
     policy which requires all new Federal Government systems after
     January 1, 1995, and all Federal Government systems after January
     1, 2005, in the 162‑174 MHz band to be capable of operating within
     a 12.5 kilohertz channel.[^223] Under our rules, Remote Pickup BAS
     may, with certain geographic restrictions, use the frequencies
     166.25 MHz and 170.15 MHz on a secondary basis to Federal
     Government use.[^224] The rules currently allow licensees on these
     channels to operate on 25 kilohertz channels[^225] and do not
     provide any procedures for transitioning to narrower 12.5 kilohertz
     channels. In addition, these two frequencies are used in the
     Emergency Alert System (EAS)[^226] in some areas to relay
     information to local stations for dissemination to the
     public.[^227] Despite this secondary status, it has been the policy
     of NTIA and the FCC to protect stations used for EAS from harmful
     interference.

117. To ensure continued successful sharing of the spectrum with Federal
     Government users, we proposed to conform Remote Pickup BAS use of
     the 166.25 MHz and 170.15 MHz frequencies to the 12.5 kilohertz
     channel size, and to meet the January 1, 2005 implementation
     schedule applicable for all Federal Government users. We sought
     comment on the advantages and disadvantages of implementing this
     proposal for BAS licensees, notwithstanding the need for new
     equipment. We asked if migrating to the narrow channels would
     degrade the quality of the information being transmitted.
     Additionally, we proposed to formally acknowledge the protected
     status of non‑Federal Government stations operating on these
     frequencies that are used as an integral part of the EAS. We sought
     comment on these proposals as well as proposed amendments to
     Section 2.106, footnote US11, and Section 74.462 of our rules to
     implement these proposals.[^228]

118. SBE and NTIA were the only parties commenting on this issue. SBE
     supports our proposals to mandate the conversion of Remote Pickup
     BAS to 12.5 kilohertz channels on 166.25 MHz and 170.15 MHz by
     January 1, 2005. SBE also suggests that Remote Pickup BAS base
     station use of 166.25 MHz and 170.15 MHz for EAS be upgraded to
     co-primary status with Federal Government use. It states that this
     would be consistent with the National Aeronautics and Space
     Administration's (NASA) use of 2 GHz BAS band, which was upgraded
     to primary status in the *Second Report and Order and Second
     Memorandum Opinion and Order* in ET Docket No. 95-18.[^229] NTIA
     supports a different approach. It asks that Remote Pickup BAS base
     stations operating on these frequencies be given only "protected"
     status, which would give them the same protection that currently is
     accorded them.[^230]

119. *Discussion*: Conforming the technical standards for BAS operations
     at 166.25 MHz and 170.15 MHz to those of the Federal Government
     would protect Federal Government operations and provide benefits to
     Remote Pickup BAS users.[^231] For example, it would simplify
     coordination and improve adjacent channel performance. Therefore,
     in accordance with the comments of SBE and our proposal, we are
     amending the rules to require that existing and applied for Remote
     Pickup BAS facilities on 166.25 MHz and 170.15 MHz use no more than
     12.5 kilohertz channel bandwidth by January 1, 2005. This will
     apply to all stations on these frequencies that obtained licenses
     or applied for licenses on or before the effective date of the
     rules in this *Report and Order*.[^232] This approach will ensure
     that existing licensed stations and applicants who are planning
     stations on these frequencies have adequate time to transition to
     narrowband equipment. To further ease this transition, we will not
     require licensees to modify their licenses. Instead, the Commission
     will automatically issue a superseded license, effective January 1,
     2005, showing the reduction in authorized bandwidth.[^233]
     Additionally, in the event that the January 1, 2005 deadline for
     Federal Government systems is extended, we will consider amending
     the Rules to implement the extension for Non-Government systems on
     the 166.25 MHz and 170.15 MHz frequencies as well. Stations applied
     for after the effective date of the rules in this *Report and
     Order* must comply with the 12.5 kilohertz channel bandwidth
     requirement. Rather than placing these requirements in footnote
     US11 as proposed, we will instead amend Section 74.462.[^234] This
     action is appropriate as it consolidates all Remote Pickup BAS
     service rules in one place.

120. With respect to Remote Pickup BAS base stations operating as an
     integral part of the EAS, we are adopting a procedure recommended
     by NTIA to ensure that such stations will be protected.[^235] Under
     this procedure NTIA will place a notation in the Government Master
     Frequency (GMF) database licensing record of these stations which
     will require Government stations to protect them from harmful
     interference.[^236] Thus, there is no need to amend footnote
     US11.[^237]

**7. 950 MHz Aural BAS Channel Splits**

121. *950 MHz Aural BAS Channel Splits*. The *Report and Order* in MM
     Docket 85-36[^238] specified that the 950 MHz Aural BAS Channel
     Plan listed in Section 74.502(b) would become effective upon a
     future Order from the Commission to be issued when the licensing
     system was capable of accommodating this channel plan. With the
     implementation of ULS for licensing, we are implementing that rule
     section with this *Report and Order*.

> **C. Universal Licensing System and BAS**

122. The ULS is an automated licensing system and integrated database
     designed to provide greater efficiency in the licensing process by
     using a consolidated set of application forms, automating many
     license review processes, and facilitating electronic application
     filing and data retrieval. The Commission's WTB, which is
     responsible for licensing BAS, began using ULS for Aural and TV BAS
     licensing in August, 1999[^239] and for Remote Pickup BAS in
     September, 2000.[^240] As a result, several BAS service rules
     require updating to reflect new ULS application processing
     procedures. Many of these changes, such as updating application
     form numbers, are ministerial in nature and are being adopted
     without discussion.[^241] In other cases, more substantive rule
     changes are necessary and are discussed below.

**1. Application Procedures and Construction Periods**

123. The *ULS Report and Order* consolidated the application and
     processing rules for all wireless services into Subpart F of Part
     1,[^242] now the only rule section that wireless applicants and
     licensees, including BAS applicants and licensees, must consult
     regarding application procedures, such those as for amendments,
     modifications, and STAs.[^243] In the *Notice*, the Commission
     proposed to amend Sections 1.901 and 1.902 to add the appropriate
     references to Part 74 and to add a new section, Section 74.6, to
     reference the application and processing rules in Part 1,
     Subpart F. Under this proposed licensing scheme, aural and TV BAS
     stations would be licensed using identical forms and procedures as
     used for Part 101 microwave applicants. Remote Pickup BAS stations
     would be licensed using the same forms and procedures that are used
     for Part 90 PLMRS applicants.[^244]

124. In the *ULS Report and Order*, the Commission adopted rules that
     eliminate letter requests for all purposes where a form can be
     used,[^245] stating that this will, "reduce applicant and licensee
     burdens, increase efficiency and better serve the public
     interest."[^246] In keeping with this policy and the stated
     benefits, the Commission proposed in the *Notice* to amend the Part
     74 rules for BAS to eliminate the informal application for
     STA[^247] and require that STA requests follow the procedures
     outlined in Section 1.931.[^248]

125. Under the Part 1, Subpart F rules, the Commission issues a license
     which specifies the construction period set forth in the rule part
     governing the specific service. Licensees are to notify the
     Commission when operations commence, and licensees that fail to
     commence operations within the required construction period
     automatically forfeit their license.[^249] In order to align BAS
     construction rules with these requirements, and with current
     practices regarding construction periods for BAS, the Commission
     also proposed in the *Notice* to amend certain rules in Part 73 and
     create a new Section 74.34. This new section references the
     construction requirements in Subpart F of Part 1; a construction
     period of 12 months -- the period allowed for PLMRS stations
     authorized under Part 90 - for Remote Pickup BAS; and a
     construction period of 18 months for TV and aural BAS
     stations.[^250]

126. Commenting parties generally support the proposals set forth in the
     *Notice* regarding BAS applications procedures.[^251] SBE, however,
     asks that ULS be modified to allow both transmit and receive
     locations to be specified on Form 601 for remote pick-up stations
     used as point-to-point telemetry return links, to more accurately
     reflect how such stations are used.[^252] SBE and MSTV/NAB support
     the proposals regarding STA procedures for BAS.[^253] SBE points
     out, however, that requiring BAS STAs to follow Section 1.931
     procedures would require electronic filing.[^254]

127. Commenting parties also support the proposals regarding BAS
     construction requirements.[^255] KNME states that the construction
     periods proposed in the *Notice* would discourage hoarding by
     speculative applicants. KNME also urges that we require a licensee
     to file a certification of completion of construction via the ULS,
     to track false construction claims.[^256] Similarly, SBE states
     that the proposed periods are more than adequate for any applicant
     who truly intends to build, and not just "warehouse"
     frequencies.[^257]

128. *Discussion*. We are adopting our proposals from the *Notice*
     regarding applications and STA filing procedures. We are amending
     Sections 1.901 and 1.902 to reference Part 74 and are adding a new
     Section 74.6[^258] to reference BAS applicants and licensees to the
     application and processing rules in Part 1, Subpart F. These
     changes will simplify our rules and result in processing
     efficiencies for BAS licensing. We observe that specific changes to
     the ULS system, including forms, affect multiple services. Thus, we
     lack adequate notice to all potentially affected services and we
     therefore decline to adopt changes to Form 601 as requested by
     SBE.[^259] We note that no commenter opposes our proposal with
     respect to STAs. Therefore, we are also adopting the proposals
     amending Part 74 to require that BAS STA requests follow the
     procedures outlined in Section 1.931. We clarify that electronic
     filing is not required for STAs; they may be filed either
     electronically or manually.[^260]

129. We are also adopting the proposed rule amendments to remove the
     construction requirements for BAS stations from Part 73 and place
     them in a new Section 74.34. This approach will promote timely
     construction of facilities, ensure consistent construction
     requirements among the services, and prevent warehousing of
     spectrum. As for the concern of KNME that licensees be required to
     file a certification of completion of construction, we note that
     the rules already require licensees to file a notification of
     completion of construction. Failure to file such a notification
     results in the termination of the license by the Commission.[^261]

**2. Classification of Filings as Major or Minor**

130. In the *ULS Report and Order*, the Commission adopted rules to
     define certain actions as major changes for all wireless services.
     Additionally, the Commission adopted rules which define major
     changes for each service category. Minor changes are defined as all
     changes that are not major.[^262] These designations when used in
     conjunction with other adopted rule amendments assist the
     Commission in streamlining the licensing process. As an example,
     Section 1.947(b) allows applicants to make minor modifications to
     their stations without prior Commission approval so long as they
     file an application form within thirty days of making such a
     modification.[^263] ULS can automatically determine if an
     application for modification is major or minor, and can then
     process these applications without the need for intervention by
     Commission staff.[^264]

131. Accordingly, the Commission proposed to amend the Part 74 rules to
     adhere to the procedures adopted in the ULS proceeding for major
     and minor amendments and modifications; *i.e.*, amendments to aural
     and TV BAS applications and modifications to aural and TV BAS
     licenses would be evaluated based on the rules defining a major
     change in Sections 1.929(a) and 1.929(d), and Remote Pickup BAS
     applications would follow the rules set forth in Sections 1.929(a)
     and 1.929(c)(4). In many cases, the rules adopted in the *ULS
     Report and Order* provide more flexibility than is afforded BAS
     licensees under Part 74. For example, Sections 74.551 and 74.651
     require aural and TV BAS licensees to file an application and
     obtain Commission approval for any change in which the location of
     the transmitting antenna changes, but Section 1.929(d)(1)(i)
     classifies changes in transmitting antenna location that are 5
     seconds or less in latitude and/or longitude as minor.[^265] The
     proposal made in the *Notice* would implement rule changes that
     treat BAS applicants in a consistent manner with the treatment
     given other wireless services.[^266]

132. Although commenting parties generally support the proposals set
     forth in the *Notice*,[^267] several express some concern. MSTV/NAB
     urge that full coordination be required for all station
     modifications, whether major or minor.[^268] For example, they
     state that a 5 second change in latitude and/or longitude by a BAS
     transmitting antenna (a minor change under the ULS rules) could
     create interference to other licensees in congested areas if not
     fully coordinated. SBE agrees and also requests that frequency
     coordination be required for all changes from analog to digital
     modulation because digitally modulated signals which tend to more
     fully occupy the channel bandwidth than analog signals, increase
     the possibility of interference from BAS stations into adjacent
     channel FM receivers.[^269] MRC recommends that if a BAS licensee
     coordinates with a local coordinating body, conversion from analog
     to multiplexed digital/analog operation should be treated as a
     minor amendment.[^270]

133. *Discussion*. We are adopting our proposals to amend the Part 74
     rules so that BAS applicants and licensees are subject to the same
     rules as specified for the land mobile and microwave services for
     determining major and minor application and license changes. This
     action will align Remote Pickup BAS processing rules with those for
     similar services under Part 90 and align the rules for TV and aural
     BAS with the rules for Part 101. Thus, similar stations will be
     treated in a consistent manner.

134. With regard to the concerns of MSTV/NAB, SBE, and MRC, we note that
     changes in emissions, such as a conversion from analog to digital
     modulation or to composite analog/digital modulation, are already
     classified as major changes under the rules in Sections
     1.929(c)(4)(ii) and (d)(1)(iv),[^271] and frequency coordination
     would be required when a major change is requested.[^272] With
     regard to location changes of less than 5 seconds in latitude
     and/or longitude,[^273] we note that the Commission in the *ULS
     Reconsideration Order*[^274] clarified that such minor changes are
     not exempt from the coordination requirement. The Commission
     explained that an applicant requesting a minor change must still
     coordinate as required by Section 101.103(d)(2)(ix) prior to
     implementing the change and that this process is sufficient to
     ensure that minor changes are properly coordinated to avoid harmful
     interference, without imposing an unnecessary filing burden on
     applicants.[^275] We find that this procedure will work equally
     well for Part 74 services.

> **3. Emission Designators**

135. Section 74.462 of the Commission's rules specifies authorized
     emissions for Remote Pickup BAS frequencies and frequency
     bands.[^276] In the *Notice,* the Commission observed that this
     section contains emission designators that no longer conform to
     current ITU specifications or to those contained in Subpart C of
     Part 2 of the Commission's rules.[^277] For example, F3Y, which was
     the original emission designator for digitized voice modulation, is
     specified for most of the Remote Pickup BAS frequency bands. This
     emission designator should now be updated to F1E (frequency
     modulated single‑channel digital telephony) or G1E (phase modulated
     single‑channel digital telephony) emission. Accordingly, in the
     *Notice* the Commission proposed to update Section 74.462 to
     replace all outdated emission designators with emission designators
     that conform to ITU specifications and Part 2 rules.[^278]

136. SBE and MSTV/NAB both support the proposal set forth in the
     *Notice* to update emission designators to conform to ITU
     specifications and Part 2 rules.

137. *Discussion*: This proposal was supported by SBE and MSTV/NAB and
     was not opposed by any commenter.[^279] Thus, we are adopting our
     proposal and updating the emission designators of Section
     74.462.[^280]

> **D. Additional BAS Issues**

138. In addition to our proposals, several commenters request that the
     Commission address additional issues. These include narrowband
     channel plans for digital BAS operations,[^281] reallocation of the
     1.7 GHz band for public safety;[^282] eligibility and
     permissibility of wireless microphones for game
     communications;[^283] codification of co-equal status of BAS and
     public safety licensees at 2450-2483.5 MHz;[^284] addition of
     special conditions for experimental authorizations on broadcast or
     BAS frequencies;[^285] and elimination of priority of use
     exemptions for Remote Pickup BAS I and R channels.[^286] These
     issues were not raised in the *Notice* and thus lack adequate
     notice to all potentially affected parties. We therefore decline to
     address them here.[^287]

**E. AMPTP Petition**

139. Video assist devices produce low resolution images that can be used
     by a production crew to make decisions with respect to content,
     lighting, and image framing.[^288] Often, these video assist
     devices are connected via cable. However, cable is not always
     practical due to the distance from the camera to the video monitor
     or because the camera needs to be mobile to follow the
     action.[^289] Also, when cables are used, a staff person must tend
     to them to ensure the safety of the actors and the crew.[^290] To
     improve their utility and increase safety, the Commission, based on
     a petition filed by AMPTP,[^291] proposed to allow the use of
     wireless assist video devices (WAVDs) on a secondary,
     non‑interference basis on unused TV channels in the upper VHF and
     the UHF bands.

**1. Authorization of WAVDs**

140. The *Notice* proposed that WAVDs be authorized as low power
     auxiliary stations on a non‑interference basis to any existing or
     future allocated services operating in accordance with the Table of
     Allocations in Part 2 of our rules.[^292] Further, the *Notice*
     proposed that WAVD users be responsible for correcting any instance
     of harmful interference using any means necessary, up to and
     including shutting down the transmitter. Consistent with the
     treatment of wireless microphones in this spectrum, the *Notice*
     did not propose to change the existing broadcasting service
     allocation.[^293]

141. AMPTP and SBE support the *Notice*'s proposal to authorize WAVDs.
     SBE asks, however, that the secondary status of WAVDs be clarified
     by defining their transmissions as "operational communications"
     under Section 74.403(b).[^294] In its reply, AMPTP opposes SBE's
     proposal to classify WAVDs as "operational communications." AMTP
     states that it would support an effort to place WAVDs in the
     priority of communications list, but only after it has an
     opportunity to monitor the efficiency of, and the demand for WAVDs.
     Otherwise, AMPTP argues their development and transition into the
     marketplace could be hindered[^295]

142. *Discussion.* For the reasons stated in the *Notice* and based on
     the comments, we are adopting our proposal to allow the use of
     WAVDs on a secondary, non-interference basis on vacant upper VHF-TV
     and UHF-TV channels. Specific details regarding the operation of
     these devices are discussed in detail below. With respect to SBE's
     request to classify WAVD transmissions as "operational
     communications," we note that those rules pertain to Remote Pickup
     BAS stations. In the *Notice*, we proposed to authorize WAVDs as
     low power auxiliary stations under Part 74, Subpart H. We continue
     to believe that this is the appropriate subpart in which to place
     WAVDs due to their similarity to existing low power auxiliary
     devices, rather than the Remote Pickup BAS rules. If after gaining
     experience with WAVDs, we determine that communications on
     television channels needs to be prioritized, we can revisit this
     issue.

> **2. Eligibility, Permitted Use, and Licensing**

143. The *Notice* proposed that all entities eligible to hold a Part 74
     license, including motion picture and television producers as
     defined in Section 74.801, be eligible to operate WAVDs.[^296] The
     *Notice* proposed to limit WAVD use to production facilities or
     locations used to produce material being filmed or taped for later
     showing on television broadcast stations. Under this proposal,
     WAVDs could not be used for ENG operations or to assist with the
     production of live events. Additionally, the *Notice* proposed that
     WAVDs be excluded from operating under the short‑term operation
     rules used by other Part 74 licensees.[^297] These proposed
     restrictions are intended to minimize the possibility for
     interference.[^298]

144. The *Notice* also proposed that WAVD users obtain an FCC station
     license using FCC Form 601, Main Form and Schedule H,[^299] prior
     to operating. We proposed that the license term for a WAVD license
     be concurrent with the normal licensing period for TV broadcast
     stations located in the same area of operation. This is consistent
     with the licensing term for other BAS stations.[^300] The *Notice*
     further proposed that a WAVD licensee not be geographically
     limited, but be subject only to channel separation and notification
     rules. Additionally, because of the proposed limited eligibility
     for WAVDs and the nature of their use, the *Notice* proposed that
     WAVD licenses be non‑assignable and non‑transferable.[^301]

145. AMPTP agrees with the proposal to restrict WAVD use from ENG and
     the production of live events.[^302] It also agrees with the
     restriction on assignment and transfer of WAVD licenses.[^303]
     However, it requests that WAVD use be expanded to allow the use of
     WAVDs in the production of cable, satellite, and motion picture
     events.[^304] Further, AMPTP anticipating that independent
     contractors may desire to operate WAVDs and rent them to production
     studios, asks that the Commission specifically permit third party
     rental. It states that such rentals could be restricted, if needed,
     to only those directly involved in authorized television and motion
     picture programming to avert unauthorized or frivolous use.[^305]

146. SBE expresses caution regarding third party contractors. SBE urges
     that the FCC not allow WAVD licenses to be assignable to
     independent contractors. It states that the necessary
     responsibility and accountability borne by a WAVD licensee would be
     diluted if third-party contractors were allowed to operate WAVDs
     under the license obtained by a production studio. Instead, SBE
     recommends that an independent contractor obtain its own license
     for a WAVD to ensure proper WAVD use.[^306] AMPTP, in reply
     comments states that licensees can be held accountable for full
     compliance with the Commission's rules by end users and that third
     party rental should be allowed.[^307]

147. *Discussion*. We are adopting our proposal to permit all entities
     eligible to hold Part 74 licenses to use WAVDs. As stated above,
     this includes television and motion picture producers. We are also
     adopting our proposal to restrict the use of WAVDs from use at live
     events or for ENG operations. We clarify that WAVDs may be used to
     produce cable, satellite, and motion picture events for later
     showing on television (through free over the air TV, cable TV
     systems, and satellite TV systems) or in theaters, but may not be
     used in the production of live events. Similarly, we are adopting
     our proposal that WAVDs be excluded from operating under the
     short-term operation rule. This will ensure that WAVDs are properly
     coordinated and television stations, notified, to ensure that the
     potential of these devices to interfere with television broadcasts
     is minimized.

148. We are also adopting our proposal to require that WAVD stations be
     licensed prior to operating. Such licenses will be obtained through
     the ULS using FCC Form 601. In addition, consistent with our
     licensing of other low power auxiliary devices, WAVD licenses will
     normally be issued for a period of eight years and, for those held
     by a broadcast station, run concurrently with the license term of
     that station.[^308] For other license holders, the expiration date
     will be determined by the area of the country in which the station
     operates.[^309] These proposals were unopposed by commenters.

149. Finally, we address the request of AMPTP to allow third party
     contractors to obtain WAVD licenses. AMPTP states that third party
     contractors may wish to operate and/or rent WAVDs to studios. We
     are leery about expanding the eligibility of WAVDs beyond the
     entities already discussed. As stated in the *Notice*, the
     production industry and the broadcast industry rely on each other
     -- one to produce content and the other to distribute content --
     and have a vested interest to operate in a manner that is mutually
     agreeable.[^310] Therefore, we will not expand the eligibility for
     WAVD licenses to entities beyond those proposed. We stress that
     this does not preclude the operation of WAVDs by third party
     contractors. A party under contract to a television or motion
     picture producer may rent equipment and even operate it for the
     producer. However, such operation would be under the authority of
     the producer's license. This arrangement is consistent with rules
     in other services where entities are able to operate equipment
     under the authority of another entity's license.[^311] Based on our
     experience, we believe that this arrangement best promotes
     accountability and compliance with our rules.

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3.  **Authorized Frequencies**

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150. The *Notice* proposed to allow WAVDs to operate on unused
     television broadcast frequencies in the 180‑210 MHz band
     (corresponding to VHF‑TV channels 8‑12) and the 470‑608 MHz and
     614‑698 MHz bands (corresponding to UHF‑TV channels 14‑36 and
     38‑51). The *Notice* also proposed to define areas in which WAVD
     co‑channel operation would be excluded in the 470‑512 MHz band (TV
     channels 14‑20) to protect land mobile operations in designated
     cities. Similarly, the *Notice* proposed to exclude WAVDs from
     operating within 52 km of the Gulf of Mexico in the 476‑494 MHz
     band to protect the Offshore Radiotelephone Service (ORS) and PLMRS
     operations in the Gulf of Mexico. The *Notice* also proposed to
     exclude WAVDs from operating in the 608-614 MHz band (TV
     channel 37) to protect radio astronomy operations and within 52 km
     of Hawaii in the 488‑494 MHz band to protect inter-island
     communications.[^312]

151. No party specifically addressed the proposed frequencies, other
     than to express general support for using selected TV
     channels.[^313] SBE, however, does reiterate comments it made in GN
     Docket No. 01-74 asking that guard band spectrum in the lower 700
     MHz band can be used as a home for all low power auxiliary devices
     under Part 74, Subpart H.[^314]

152. *Discussion*. As an initial matter, we note that SBE's comments
     regarding the use of a guard band in the 700 MHz band for low power
     auxiliary devices is beyond the scope of this proceeding and will
     not be addressed herein. In light of the lack of comments on this
     issue, we adopt our proposals regarding authorized frequencies as
     proposed. Accordingly, WAVDs may operate on unused television
     broadcast frequencies in the 180‑210 MHz, 470‑608 MHz and
     614‑698 MHz bands. As proposed, we will not allow WAVDs to operate
     in the 174‑180 MHz and 210‑216 MHz bands (TV channels 7 and 13), in
     order to protect the Low Power Radio Service (LPRS), which supports
     auditory assistance devices and health care aids that operate
     pursuant to Part 95 and other low power devices operating under
     90.265 of our rules.[^315] In addition, this channel restriction
     will protect from interference the Navy's SPASUR radar system,
     which operates in the 216.88‑217.08 MHz band.[^316] We find that
     given the amount of spectrum we are authorizing for WAVDs, these
     restrictions will have minimal impact on their ability to identify
     spectrum on which to operate.

153. We adopt the proposal to exclude WAVDs from using land mobile radio
     channels[^317] in the 470‑512 MHz band (TV channels 14‑20) in areas
     around the coordinates listed in Section 90.303 because nomadic
     WAVDs could not likely share spectrum with land mobile
     operations.[^318] We also adopt the proposal to require WAVDs to
     maintain at least 6 megahertz frequency separation from such land
     mobile channels when operating within these areas. This frequency
     and geographic separation is necessary to protect public safety
     land mobile use, which in the 470‑512 MHz private land mobile bands
     could occur on any of the channels allocated in a given area.[^319]
     Therefore, all TV channels listed in Section 90.303 are excluded
     from WAVD use at the locations listed.[^320] As discussed in the
     *Notice*, the band 482‑488 MHz (TV channel 16) will also be
     excluded from WAVD use in the New York City area to protect New
     York City public safety entities which are using that spectrum
     under a waiver.[^321] Similarly, the band 476‑494 MHz (TV channels
     15‑17) will be excluded from WAVD in areas near the Gulf of Mexico
     to protect the PLMRS[^322] and communication links in the ORS under
     Part 22 of our rules.[^323] Communications with mobile stations
     under these rules are generally limited to stations within the Gulf
     (*e.g.*, stations on boats or aircraft) or to stations on the
     shore. Finally, WAVDs will be excluded from the band 488‑494 MHz
     (TV channel 17) in areas near Hawaii to protect common carrier
     control and repeater stations for point‑to‑point inter‑island
     communications.[^324]

154. The frequencies on which we will exclude WAVD use are summarized in
     the table below. We reiterate that these exclusions will not
     prevent WAVDs from operating on channels listed in the table when
     WAVDs are a sufficient distance from the cities listed below.

+--------------------------------------+-----------------+-------------+
| Area                                 | Excluded        | Excluded    |
|                                      | Frequencies     |             |
|                                      | (MHz)           | Channels    |
+======================================+=================+=============+
| Boston, MA                           | 470‑494         | 14‑17       |
+--------------------------------------+-----------------+-------------+
| Chicago, IL                          | 470‑488         | 14‑16       |
+--------------------------------------+-----------------+-------------+
| Cleveland, OH (WAVDs may operate     | 470‑494         | 14‑17       |
| until further order from the         |                 |             |
| Commission)                          |                 |             |
+--------------------------------------+-----------------+-------------+
| Dallas/Fort Worth, TX                | 476‑494         | 15‑17       |
+--------------------------------------+-----------------+-------------+
| Detroit, MI (WAVDs may operate until | 470‑494         | 14‑17       |
| further order from the Commission)   |                 |             |
+--------------------------------------+-----------------+-------------+
| Hawaii                               | 488‑494         | 17          |
+--------------------------------------+-----------------+-------------+
| Houston, TX                          | 482‑500         | 16‑18       |
+--------------------------------------+-----------------+-------------+
| Los Angeles, CA                      | 470‑494 &       | 14‑17 &     |
|                                      | 500‑518         | 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 &       | 14‑15 &     |
|                                      | 488‑506         | 17‑19       |
+--------------------------------------+-----------------+-------------+
| San Francisco/Oakland, CA            | 476‑500         | 15‑18       |
+--------------------------------------+-----------------+-------------+
| Washington D.C./MD/VA                | 482‑506         | 16‑19       |
+--------------------------------------+-----------------+-------------+

155. Finally, as proposed in the *Notice*, we will exclude WAVDs from
     operating in the 608‑614 MHz band (TV channel 37) to protect radio
     astronomy operations in that band. This exclusion is consistent
     with the Table of Allocations in Part 2 of our rules, which
     specifies that no stations will be authorized to transmit in that
     band.[^325] We also note we have recently authorized the use of
     medical telemetry in the 608-614 MHz band,[^326] and this exclusion
     will also protect those operations. Finally, WAVDs will not be
     allowed to use channels above 698 MHz (channel 51) in the UHF‑TV
     band due to a recent spectrum reallocation of those channels to
     uses other than broadcasting. We find that these exclusions are
     justified to protect existing operations in these bands.

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4.  **Technical and Operational Requirements**

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156. The *Notice* proposed conservative technical and operational
     requirements to allow WAVDs to operate without harming other
     operations. Specifically, the *Notice* proposed: (1) to limit the
     ERP of WAVDs to 250 milliwatts (mW); (2) to require that the
     transmitting devices use a permanently attached antenna; (3) to
     allow WAVDs bandwidths of up to 6 megahertz, limited to
     transmitting on a single TV channel (*i.e.*, WAVD transmissions may
     not overlap the TV channel edge); (4) to use the same emission
     limitations being proposed for other TV BAS transmitters in this
     proceeding; (5) to authorize WAVD transmitters under the
     certification procedures of Part 2 of our rules; (6) to require
     WAVDs to maintain a 129 km separation distance from TV broadcasting
     stations operating on the same frequency and a 200 km separation
     distance from cities where land mobile operations are
     authorized;[^327] (7) to require WAVD operators to achieve prior
     notification, rather than coordination, with the local broadcast
     coordinator or any adjacent channel TV station within 161 km of
     each intended WAVD operation at least 10 business days in advance
     of operation;[^328] (8) that WAVD licensees be subject to the
     station identification requirements of Section 74.882; and (9) that
     manufacturers include certain information in the product literature
     that is included with WAVDs to indicate the requirements for using
     these devices.[^329]

157. AMPTP endorses all of the proposed technical and operational
     requirements proposed with the exception of the requirement that
     WAVDs use a permanently attached antenna. They contend that such
     antennas are fragile and suffer frequent damage. AMPTP therefore
     recommends that WAVD antennas be removable to facilitate repair and
     maintenance, as is the case with land mobile radios.[^330] SBE
     disagrees with AMPTP and maintains that permanently attached
     antennas can be manufactured sufficiently robust to withstand
     day-to-day use. SBE asserts that this requirement is an important
     safeguard against uninformed parties using external, high gain
     antennas to illegally boost the WAVD EIRP.[^331] AMPTP argues that
     potential problems from detachable antenna usage should be
     addressed and solved through the notification and response
     procedures with the frequency coordinator.[^332]

158. MSTV/NAB requests that WAVDs be required to conduct full frequency
     coordination through the local frequency coordinator, rather than a
     notification 10 days in advance of operation. They also oppose the
     proposal to allow a non-response from a local frequency coordinator
     to be considered approval for WAVD operations because they contend
     that a WAVD operator could simply leave a message with a
     coordinator and go forward with operations without any knowledge of
     the impact those operations would cause to low power BAS
     operations.[^333] AMPTP opposes full frequency coordination. AMPTP
     argues that because WAVDs will operate with low EIRP over a limited
     range on a non-interference basis, 10 days is ample time to address
     any concerns that existing operators may have. Further, AMPTP
     states that the provision allowing WAVDs to operate in the absence
     of a coordinator response protects their use if a coordinator
     misplaces or accidentally discards a response. Also, they state
     that the operating efficiency of producers must be considered as
     well as potential interference.[^334]

159. *Discussion*. The various technical and operational requirement
     proposals for WAVDs set forth in the *Notice* were designed to
     protect other users of the TV bands without unnecessarily hindering
     WAVD operations. Most of these were unopposed, and we will adopt
     them as proposed. Specifically, we adopt the ERP limit of 250 mW,
     the bandwidth limit of 6 megahertz on a single TV channel, the
     requirement to meet the same emissions limitations as other Part 74
     transmitters, Part 2 certification procedures for WAVD
     transmitters,[^335] the proposed separation distances from TV and
     land mobile stations,[^336] the requirement that WAVD licensees
     follow the station identification requirements of Section 74.882;
     and the requirement that manufacturers include certain information
     in their product literature.

160. With respect to the antenna issue raised by commenters, we agree
     with SBE that the use of unintended antennas should be avoided
     because they could increase the interference potential. We also
     agree with AMPTP that a permanently attached antenna may result in
     increased repair costs. We believe that a reasonable compromise
     between these positions exists. We note that our Part 15 rules
     contain a provision allowing either permanently attached antennas
     or devices with unique couplings to permit antennas to be more
     easily repaired.[^337] This has worked well in the preventing
     unintended antennas from being attached to low power unlicensed
     devices and we believe a similar requirement would work here.
     Accordingly, we are adopting a requirement that WAVDs contain a
     permanently attached antenna or contain a unique connector that
     allows for easy antenna repair while preventing the use of
     unauthorized antennas.

161. After considering the comments of MSTV/NAB, we continue to believe
     that notification is more appropriate than full coordination for
     WAVDs. We take this position based on the low ERP, limited range,
     and non-interference status of WAVDs. In addition, because WAVDs
     may be used at multiple locations in support of a production,
     notification will be less burdensome than coordination for both the
     WAVD licensee and the coordinator while still providing adequate
     protection to broadcast transmissions. In this connection, will
     adopt our proposal to consider the absence of a response from a
     coordinator after ten business days have passed as an approval.
     Once the WAVD operator has made reasonable attempts to notify the
     BAS coordinator or appropriate TV stations, we find that failure of
     these entities to respond to the WAVD operator approval is an
     insufficient basis to delay use of WAVDs. We find that this
     approach strikes a reasonable balance between the requirements of
     producers and the needs of the coordinator to study notifications
     and respond to operators as necessary. In response to MSTV/NAB's
     concerns, however, we will require WAVD licensees to notify, for
     informational purposes only, nearby co-channel and adjacent channel
     TV stations (*i.e*., those stations within 161 km of the WAVD
     location).[^338] As stated, this will be informational only and
     television stations will not be able to prevent a WAVD from
     operating. However, this informational notification may help
     identify the source of interference if any is experienced after a
     WAVD begins operating. We adopt all other aspects of the
     notification proposal as proposed.

# CONCLUSION

162. In making the rule amendments adopted herein, we are updating the
     Broadcast Auxiliary Service rules in Part 74 and permitting
     increased compatibility between Broadcast Auxiliary Services, the
     Cable Television Relay Service, and Fixed Service Microwave systems
     operating on shared spectrum. Moreover, licensees and equipment
     manufacturers will gain greater technical flexibility and more
     efficiency in the licensing process by these changes and the
     broadcast industry will find it easier to transition to digital TV.
     Additionally, we are permitting wireless assist video devices to
     operate on certain VHF and UHF TV spectrum, thereby increasing
     spectrum efficiency and promoting equipment which will increase
     safety at production sites as well as lower film and television
     production costs.

# PROCEDURAL MATTERS

163. Final Regulatory Flexibility Analysis. The Final Regulatory
     Flexibility Analysis, required by Section 603 of the Regulatory
     Flexibility Act, as amended by the Contract with America
     Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996),
     is contained in Appendix B.

164. Paperwork Reduction Act Analysis. This Report and Order contains
     modified information collection(s) subject to the PRA of 1995,
     Public Law 104-13.

# ORDERING CLAUSES

165. Accordingly, **IT IS ORDERED** that, pursuant to Sections 1, 4(i),
     302, 303(f) and (r), 332, and 337 of the Communications Act of
     1934, as amended, 47 U.S.C. §§ 1, 4(i), 154(i), 302, 303(f) and
     (r), 332, 337, this *Report and Order* and the rules specified in
     Appendix A **ARE ADOPTED**.

166. **IT IS FURTHER ORDERED** that the rules specified in Appendix A,
     except for those specified below, will become effective 30 days
     after their publication in the Federal Register.

167. **IT IS FURTHER ORDERED** that, pursuant to Pursuant to 5 U.S.C. §§
     553(d)(1) and 553(d)(3), the rules implementing digital modulation
     of BAS stations specified in Appendix A, specifically Sections
     74.535 and 74.637 of the Commission's Rules, 47 C.F.R. §§ 74.535
     and 74.637, will become effective as of the adoption date of this
     *Report and Order*.

168. **IT IS FURTHER ORDERED** that the Commission\'s Consumer and
     Governmental Affairs Bureau, Reference Information Center, **SHALL
     SEND** a copy of this *Report and Order*, ET Docket No. 01-75,
     including the Final Regulatory Flexibility Analysis, to the Chief
     Counsel for Advocacy of the Small Business Administration.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

> Secretary

**APPENDIX A: FINAL RULES**

Parts 1, 2, 73, 74, 78 and 101 of Chapter I of Title 47 of the Code of
Federal Regulations are amended as follows:

> **PART 1 -- PRACTICE AND PROCEDURE**

1.  The authority citation for Part 1 continues to read as follows:

> **AUTHORITY: 47 U.S.C. 151, 154, 207, 303, and 309(j).**

2.  Section 1.901 is revised to read as follows:

**[§ 1.901 Basis and purpose]{.underline}.**

These rules are issued pursuant to the Communications Act of 1934, as
amended, 47 U.S.C 151 *et seq*. The purpose of these rules is to
establish the requirements and conditions under which entities may be
licensed in the Wireless Radio Services as described in this part and in
parts 13, 20, 22, 24, 26, 27, 74, 80, 87, 90, 95, 97 and 101 of this
chapter.

3.  Section 1.902 is revised to read as follows:

> **[§ 1.902 Scope]{.underline}.**

In case of any conflict between the rules set forth in this subpart and
the rules set forth in Parts 13, 20, 22, 24, 26, 27, 74, 80, 87, 90, 95,
97, and 101 of Title 47, Chapter I of the Code of Federal Regulations,
the rules in Part 1 shall govern.

4.  Section 1.929 is amended by revising the introductory text of
    paragraphs (c)(4) and (d) to read as follows:

> **[§ 1.929 Classification of filings as major or minor]{.underline}.**
>
> \* \* \* \* \*
>
> \(c\) \* \* \*
>
> \(4\) In the Private Land Mobile Radio Services (PLMRS), the remote
> pickup broadcast auxiliary service, and GMRS systems licensed to
> non‑individuals:
>
> \* \* \* \* \*
>
> \(d\) In the microwave, aural broadcast auxiliary, and television
> broadcast auxiliary services:
>
> \* \* \* \* \*

**PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS**

5.  The authority citation for Part 2 continues to read as follows:

> **AUTHORITY: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
> noted.**

6.  Section 2.106, the Table of Frequency Allocations, is amended as
    follows:

\(a\) Revise pages 25, 26, 37, 38, and 76.

\(b\) In the list of United States Footnotes, revise footnote US11 and
delete footnote US291.

\(c\) In the list of Non-Federal Government Footnotes, revise footnotes
NG53 and NG115 and add footnote NG175.

The revisions read as follows:

> **[§ 2.106 Table of Frequency Allocations]{.underline}.**

\* \* \* \* \*

**\
**

+-----------+-----------+-----------+-----------+-----------+---------+
| 50        |           |           |           |           | Page 25 |
| ‑123.5875 |           |           |           |           |         |
| (VHF)     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| Inte      |           |           | United    |           | FCC     |
| rnational |           |           | States    |           | Rule    |
| Table     |           |           | Table     |           | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---------+
| Region 1  | Region 2  | Region 3  | Federal   | No        |         |
|           |           |           | G         | n‑Federal |         |
|           |           |           | overnment | G         |         |
|           |           |           |           | overnment |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| See       | 50‑54     |           | 50‑73     | 50‑54     | Amateur |
| previous  |           |           |           |           | (97)    |
| page for  | AMATEUR   |           |           | AMATEUR   |         |
|           |           |           |           |           |         |
| 47‑68 MHz | 5.162A    |           |           |           |         |
|           | 5.166     |           |           |           |         |
|           | 5.167     |           |           |           |         |
|           | 5.168     |           |           |           |         |
|           | 5.170     |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 54‑68     | 54‑68     |           | 54‑72     | Br      |
|           |           |           |           |           | oadcast |
|           | BRO       | FIXED     |           | BRO       | Radio   |
|           | ADCASTING |           |           | ADCASTING | (TV)    |
|           |           | MOBILE    |           |           |         |
|           | Fixed     |           |           |           | \(73\)  |
|           |           | BRO       |           |           |         |
|           | Mobile    | ADCASTING |           |           | Au      |
|           |           |           |           |           | xiliary |
|           | 5.172     | 5.162A    |           |           | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           |           |         |
|           |           |           |           |           | \(74\)  |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 68‑74.8   | 68‑72     | 68‑74.8   |           | NG115     |         |
|           |           |           |           | NG128     |         |
| FIXED     | BRO       | FIXED     |           | NG149     |         |
|           | ADCASTING |           |           |           |         |
| MOBILE    |           | MOBILE    |           |           |         |
| except    | Fixed     |           |           |           |         |
| aer       |           |           |           |           |         |
| onautical | Mobile    |           |           |           |         |
|           |           |           |           |           |         |
| mobile    | 5.173     |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 72‑73     |           |           | 72‑73     | Public  |
|           |           |           |           |           | Mobile  |
|           | FIXED     |           |           | FIXED     | (22)    |
|           |           |           |           |           |         |
|           | MOBILE    |           |           | MOBILE    | Private |
|           |           |           |           |           | Land    |
|           |           |           |           | NG3 NG49  | Mobile  |
|           |           |           |           | NG56      | (90)    |
|           |           |           |           |           |         |
|           |           |           |           |           | P       |
|           |           |           |           |           | ersonal |
|           |           |           |           |           | Radio   |
|           |           |           |           |           | (95)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 73‑74.6   |           | 73‑74.6   |           |         |
|           |           |           |           |           |         |
|           | RADIO     |           | RADIO     |           |         |
|           | ASTRONOMY |           | ASTRONOMY |           |         |
|           |           |           | US74      |           |         |
|           | 5.178     |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.149     | 74.6‑74.8 | 5.149     | 74.6‑74.8 |           | Private |
| 5.174     |           | 5.176     |           |           | Land    |
| 5.175     | FIXED     | 5.179     | FIXED     |           | Mobile  |
| 5.177     |           |           |           |           | (90)    |
| 5.179     | MOBILE    |           | MOBILE    |           |         |
|           |           |           |           |           |         |
|           |           |           | US273     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 74.8‑75.2 |           |           | 74.8‑75.2 |           | A       |
|           |           |           |           |           | viation |
| AER       |           |           | AER       |           | (87)    |
| ONAUTICAL |           |           | ONAUTICAL |           |         |
| RADION    |           |           | RADION    |           |         |
| AVIGATION |           |           | AVIGATION |           |         |
|           |           |           |           |           |         |
| 5.180     |           |           | 5.180     |           |         |
| 5.181     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 75.2‑87.5 | 75.2‑75.4 |           | 75.2‑75.4 |           | Private |
|           |           |           |           |           | Land    |
| FIXED     | FIXED     |           | FIXED     |           | Mobile  |
|           |           |           |           |           | (90)    |
| MOBILE    | MOBILE    |           | MOBILE    |           |         |
| except    |           |           |           |           |         |
| aer       | 5.179     |           | US273     |           |         |
| onautical |           |           |           |           |         |
|           |           |           |           |           |         |
| mobile    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 5.175     | 75.4‑76   | 75.4‑87   | 75.4‑88   | 75.4‑76   | Public  |
| 5.179     |           |           |           |           | Mobile  |
| 5.184     | FIXED     | FIXED     |           | FIXED     | (22)    |
| 5.187     |           |           |           |           |         |
|           | MOBILE    | MOBILE    |           | MOBILE    | Private |
|           |           |           |           |           | Land    |
|           |           |           |           | NG3 NG49  | Mobile  |
|           |           |           |           | NG56      | (90)    |
|           |           |           |           |           |         |
|           |           |           |           |           | P       |
|           |           |           |           |           | ersonal |
|           |           |           |           |           | Radio   |
|           |           |           |           |           | (95)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 76‑88     | 5.182     |           | 76‑88     | Br      |
|           |           | 5.183     |           |           | oadcast |
|           | BRO       | 5.188     |           | BRO       | Radio   |
|           | ADCASTING |           |           | ADCASTING | (TV)    |
|           |           |           |           |           |         |
|           | Fixed     |           |           |           | \(73\)  |
|           |           |           |           |           |         |
|           | Mobile    |           |           |           | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           |           | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           |           |         |
|           |           |           |           |           | \(74\)  |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           | 87‑100    |           |           |         |
|           |           |           |           |           |         |
|           |           | FIXED     |           |           |         |
|           |           |           |           |           |         |
|           |           | MOBILE    |           |           |         |
|           |           |           |           |           |         |
|           |           | BRO       |           |           |         |
|           |           | ADCASTING |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 87.5‑100  | 5.185     |           |           | NG115     |         |
|           |           |           |           | NG128     |         |
| BRO       |           |           |           | NG129     |         |
| ADCASTING |           |           |           | NG149     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.190     | 88‑100    |           | 88‑108    | 88‑108    | Br      |
|           |           |           |           |           | oadcast |
|           | BRO       |           |           | BRO       | Radio   |
|           | ADCASTING |           |           | ADCASTING | (FM)    |
|           |           |           |           |           |         |
|           |           |           |           |           | \(73\)  |
|           |           |           |           |           |         |
|           |           |           |           |           | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           |           | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           |           |         |
|           |           |           |           |           | \(74\)  |
+-----------+-----------+-----------+-----------+-----------+---------+
| 100‑108   |           |           | US93      | US93 NG2  |         |
|           |           |           |           | NG128     |         |
| BRO       |           |           |           | NG129     |         |
| ADCASTING |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.192     |           |           |           |           |         |
| 5.194     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 10        |           |           | 10        |           | Note:   |
| 8‑117.975 |           |           | 8‑117.975 |           | The     |
|           |           |           |           |           | NTIA    |
| AER       |           |           | AER       |           | Manual  |
| ONAUTICAL |           |           | ONAUTICAL |           | (f      |
| RADION    |           |           | RADION    |           | ootnote |
| AVIGATION |           |           | AVIGATION |           | G126)   |
|           |           |           |           |           | states  |
| 5.197     |           |           | US93      |           | that    |
|           |           |           |           |           | diffe   |
|           |           |           |           |           | rential |
|           |           |           |           |           | GPS     |
|           |           |           |           |           | s       |
|           |           |           |           |           | tations |
|           |           |           |           |           | may be  |
|           |           |           |           |           | aut     |
|           |           |           |           |           | horized |
|           |           |           |           |           | in the  |
|           |           |           |           |           | 1       |
|           |           |           |           |           | 08‑117. |
|           |           |           |           |           | 975 MHz |
|           |           |           |           |           | band,   |
|           |           |           |           |           | but the |
|           |           |           |           |           | FCC has |
|           |           |           |           |           | not yet |
|           |           |           |           |           | ad      |
|           |           |           |           |           | dressed |
|           |           |           |           |           | this    |
|           |           |           |           |           | fo      |
|           |           |           |           |           | otnote. |
+-----------+-----------+-----------+-----------+-----------+---------+
| 11        |           |           | 117.975   |           | A       |
| 7.975‑137 |           |           | ‑121.9375 |           | viation |
|           |           |           |           |           | (87)    |
| AER       |           |           | AER       |           |         |
| ONAUTICAL |           |           | ONAUTICAL |           |         |
| MOBILE    |           |           | MOBILE    |           |         |
| (R)       |           |           | (R)       |           |         |
|           |           |           |           |           |         |
|           |           |           | 5.111     |           |         |
|           |           |           | 5.199     |           |         |
|           |           |           | 5.200 591 |           |         |
|           |           |           | US26 US28 |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 121.9375  | 121.9375  |         |
|           |           |           | ‑123.0875 | ‑123.0875 |         |
|           |           |           |           | AER       |         |
|           |           |           | 591 US30  | ONAUTICAL |         |
|           |           |           | US31 US33 | MOBILE    |         |
|           |           |           | US80      |           |         |
|           |           |           | US102     | 591 US30  |         |
|           |           |           | US213     | US31 US33 |         |
|           |           |           |           | US80      |         |
|           |           |           |           | US102     |         |
|           |           |           |           | US213     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 123.0875  |           |         |
|           |           |           | ‑123.5875 |           |         |
|           |           |           |           |           |         |
|           |           |           | AER       |           |         |
|           |           |           | ONAUTICAL |           |         |
|           |           |           | MOBILE    |           |         |
|           |           |           |           |           |         |
|           |           |           | 5.200 591 |           |         |
|           |           |           | US32 US33 |           |         |
|           |           |           | US112     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.111     |           |           | See next  |           | See     |
| 5.198     |           |           | page for  |           | next    |
| 5.199     |           |           | 123.587   |           | page    |
| 5.200     |           |           | 5‑137 MHz |           | for     |
| 5.201     |           |           |           |           |         |
| 5.202     |           |           |           |           | 12      |
| 5.203     |           |           |           |           | 3.5875‑ |
| 5.203A    |           |           |           |           | 137 MHz |
| 5.203B    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

Page 26

+-----------+-----------+-----------+-----------+-----------+---------+
| 47        |           |           |           |           | Page 37 |
| 0‑849 MHz |           |           |           |           |         |
| (UHF)     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| Inte      |           |           | United    |           | FCC     |
| rnational |           |           | States    |           | Rule    |
| Table     |           |           | Table     |           | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---------+
| Region 1  | Region 2  | Region 3  | Federal   | No        |         |
|           |           |           | G         | n‑Federal |         |
|           |           |           | overnment | G         |         |
|           |           |           |           | overnment |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 470‑790   | 470‑512   | 470‑585   | 470‑608   | 470‑512   | Public  |
|           |           |           |           |           | Mobile  |
| BRO       | BRO       | FIXED     |           | BRO       | (22)    |
| ADCASTING | ADCASTING |           |           | ADCASTING |         |
|           |           | MOBILE    |           | NG128     | Br      |
|           | Fixed     |           |           |           | oadcast |
|           |           | BRO       |           | NG149     | Radio   |
|           | Mobile    | ADCASTING |           |           | (TV)    |
|           |           |           |           | FIXED     |         |
|           | 5.292     |           |           | NG127     | \(73\)  |
|           | 5.293     |           |           |           |         |
|           |           |           |           | LAND      | Au      |
|           |           |           |           | MOBILE    | xiliary |
|           |           |           |           | NG66      | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           | NG114     |         |
|           |           |           |           |           | \(74\)  |
|           |           |           |           | NG115     |         |
|           |           |           |           |           | Private |
|           |           |           |           |           | Land    |
|           |           |           |           |           | Mobile  |
|           |           |           |           |           | (90)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 512‑608   | 5.291     |           | 512‑608   | Br      |
|           |           | 5.298     |           |           | oadcast |
|           | BRO       |           |           | BRO       | Radio   |
|           | ADCASTING |           |           | ADCASTING | (TV)    |
|           |           |           |           | NG128     |         |
|           |           |           |           |           | \(73\)  |
|           |           |           |           | NG149     |         |
|           |           |           |           |           | Au      |
|           |           |           |           | NG115     | xiliary |
|           |           |           |           |           | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           |           |         |
|           |           |           |           |           | \(74\)  |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 5.297     | 585‑610   |           |           |         |
|           |           |           |           |           |         |
|           |           | FIXED     |           |           |         |
|           |           |           |           |           |         |
|           |           | MOBILE    |           |           |         |
|           |           |           |           |           |         |
|           |           | BRO       |           |           |         |
|           |           | ADCASTING |           |           |         |
|           |           |           |           |           |         |
|           |           | RADION    |           |           |         |
|           |           | AVIGATION |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 608‑614   | 5.149     | 608‑614   |           | P       |
|           |           | 5.305     |           |           | ersonal |
|           | RADIO     | 5.306     | RADIO     |           | (95)    |
|           | ASTRONOMY | 5.307     | ASTRONOMY |           |         |
|           |           |           | US74      |           |         |
|           | Mobile‑   |           |           |           |         |
|           | satellite |           | LAND      |           |         |
|           | except    |           | MOBILE    |           |         |
|           |           |           | US350     |           |         |
|           | aer       |           |           |           |         |
|           | onautical |           |           |           |         |
|           | mobile‑   |           |           |           |         |
|           | satellite |           |           |           |         |
|           |           |           |           |           |         |
|           | (Earth‑   |           |           |           |         |
|           | to‑space) |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           | 610‑890   | US246     |           |         |
|           |           |           |           |           |         |
|           |           | FIXED     |           |           |         |
|           |           |           |           |           |         |
|           |           | MOBILE    |           |           |         |
|           |           | 5.317A    |           |           |         |
|           |           |           |           |           |         |
|           |           | BRO       |           |           |         |
|           |           | ADCASTING |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 614‑806   |           | 614‑890   | 614‑698   | Br      |
|           |           |           |           |           | oadcast |
|           | BRO       |           |           | BRO       | Radio   |
|           | ADCASTING |           |           | ADCASTING | (TV)    |
|           |           |           |           | NG128     |         |
|           | Fixed     |           |           |           | \(73\)  |
|           |           |           |           | NG149     |         |
|           | Mobile    |           |           |           | Au      |
|           |           |           |           | NG115     | xiliary |
|           |           |           |           |           | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           |           |         |
|           |           |           |           |           | \(74\)  |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 698‑746   | W       |
|           |           |           |           |           | ireless |
|           |           |           |           | BRO       |         |
|           |           |           |           | ADCASTING | Communi |
|           |           |           |           | NG128     | cations |
|           |           |           |           |           | (27)    |
|           |           |           |           | FIXED     |         |
|           |           |           |           |           | Br      |
|           |           |           |           | MOBILE    | oadcast |
|           |           |           |           |           | Radio   |
|           |           |           |           | NG115     | (TV)    |
|           |           |           |           | NG159     |         |
|           |           |           |           |           | \(73\)  |
|           |           |           |           |           |         |
|           |           |           |           |           | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           |           | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           |           |         |
|           |           |           |           |           | \(74\)  |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 5.149     | 5.293     | 5.149     |           | 746‑764   | W       |
| 5.291A    | 5.309     | 5.305     |           |           | ireless |
| 5.294     | 5.311     | 5.306     |           | BRO       |         |
| 5.296     |           | 5.307     |           | ADCASTING | Communi |
| 5.300     |           | 5.311     |           | NG128     | cations |
| 5.302     |           | 5.320     |           |           | (27)    |
| 5.304     |           |           |           | FIXED     |         |
| 5.306     |           |           |           |           | Br      |
| 5.311     |           |           |           | MOBILE    | oadcast |
| 5.312     |           |           |           |           | Radio   |
|           |           |           |           | NG115     | (TV)    |
|           |           |           |           | NG159     |         |
|           |           |           |           |           | \(73\)  |
|           |           |           |           |           |         |
|           |           |           |           |           | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           |           | Bro     |
|           |           |           |           |           | adcast. |
|           |           |           |           |           | (74)    |
|           |           |           |           |           |         |
|           |           |           |           |           | Private |
|           |           |           |           |           | Land    |
|           |           |           |           |           | Mobile  |
|           |           |           |           |           | (90)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 764‑776   | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           | FIXED     | Broad   |
|           |           |           |           |           | casting |
|           |           |           |           | MOBILE    |         |
|           |           |           |           |           | \(74\)  |
|           |           |           |           | NG115     |         |
|           |           |           |           | NG128     | Private |
|           |           |           |           | NG158     | Land    |
|           |           |           |           | NG159     | Mobile  |
|           |           |           |           |           | (90)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 776‑794   | W       |
|           |           |           |           |           | ireless |
|           |           |           |           | BRO       |         |
|           |           |           |           | ADCASTING | Communi |
|           |           |           |           | NG128     | cations |
|           |           |           |           |           | (27)    |
|           |           |           |           | FIXED     | Br      |
|           |           |           |           |           | oadcast |
|           |           |           |           | MOBILE    | Radio   |
|           |           |           |           |           | (TV)    |
|           |           |           |           |           |         |
|           |           |           |           |           | \(73\)  |
|           |           |           |           |           |         |
|           |           |           |           |           | Au      |
|           |           |           |           |           | xiliary |
|           |           |           |           |           | Bro     |
|           |           |           |           |           | adcast. |
|           |           |           |           |           | (74)    |
|           |           |           |           |           |         |
|           |           |           |           |           | Private |
|           |           |           |           |           | Land    |
|           |           |           |           |           | Mobile  |
|           |           |           |           |           | (90)    |
+-----------+-----------+-----------+-----------+-----------+---------+
| 790‑862   |           |           |           | NG115     |         |
|           |           |           |           | NG159     |         |
| FIXED     |           |           |           |           |         |
|           |           |           |           |           |         |
| BRO       |           |           |           |           |         |
| ADCASTING |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5.312     |           |           |           | 794‑806   | Au      |
| 5.314     |           |           |           |           | xiliary |
| 5.315     |           |           |           | FIXED     | Broad   |
|           |           |           |           |           | casting |
| 5.316     |           |           |           | MOBILE    |         |
| 5.319     |           |           |           |           | \(74\)  |
| 5.321     |           |           |           | NG115     |         |
|           |           |           |           | NG128     | Private |
|           |           |           |           | NG158     | Land    |
|           |           |           |           | NG159     | Mobile  |
|           |           |           |           |           | (90)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           | 806‑890   |           |           | 806‑821   | Public  |
|           |           |           |           |           | Mobile  |
|           | FIXED     |           |           | FIXED     | (22)    |
|           |           |           |           |           |         |
|           | MOB       |           |           | LAND      | Private |
|           | ILE5.317A |           |           | MOBILE    | Land    |
|           |           |           |           |           | Mobile  |
|           | BRO       |           |           | NG30 NG31 | (90)    |
|           | ADCASTING |           |           | NG43 NG63 |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 821‑824   | Private |
|           |           |           |           |           | Land    |
|           |           |           |           | LAND      | Mobile  |
|           |           |           |           | MOBILE    | (90)    |
|           |           |           |           |           |         |
|           |           |           |           | NG30 NG43 |         |
|           |           |           |           | NG63      |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | 824‑849   | Public  |
|           |           |           |           |           | Mobile  |
|           |           |           |           | FIXED     | (22)    |
|           |           |           |           |           |         |
|           |           |           |           | LAND      |         |
|           |           |           |           | MOBILE    |         |
|           |           |           |           |           |         |
|           |           |           |           | NG30 NG43 |         |
|           |           |           |           | NG63      |         |
|           |           |           |           | NG151     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           |           | See next  | See     |
|           |           |           |           | page for  | next    |
|           |           |           |           |           | page    |
|           |           |           |           | 84        | for     |
|           |           |           |           | 9‑894 MHz |         |
|           |           |           |           |           | 866‑    |
|           |           |           |           |           | 896 MHz |
+-----------+-----------+-----------+-----------+-----------+---------+
| See next  | 5.317     |           |           |           |         |
| page for  | 5.318     |           |           |           |         |
|           |           |           |           |           |         |
| 86        |           |           |           |           |         |
| 2‑890 MHz |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

Page 38

+-----------------------------------+-----------+-----------+---------+
| 36-37                             | 36-37     |           |         |
|                                   |           |           |         |
| EARTH EXPLORATION-SATELLITE       | EARTH     |           |         |
| (passive)                         | EXP       |           |         |
|                                   | LORATION- |           |         |
| FIXED                             | SATELLITE |           |         |
|                                   | (passive) |           |         |
| MOBILE                            |           |           |         |
|                                   | FIXED     |           |         |
| SPACE RESEARCH (passive)          |           |           |         |
|                                   | MOBILE    |           |         |
| 5.149                             |           |           |         |
|                                   | SPACE     |           |         |
|                                   | RESEARCH  |           |         |
|                                   | (passive) |           |         |
|                                   |           |           |         |
|                                   | US263     |           |         |
|                                   | US342     |           |         |
+-----------------------------------+-----------+-----------+---------+
| 37-37.5                           | 37-38     | 37-37.6   |         |
|                                   |           |           |         |
| FIXED                             | FIXED     | FIXED     |         |
|                                   |           |           |         |
| MOBILE                            | MOBILE    | MOBILE    |         |
|                                   |           |           |         |
| SPACE RESEARCH (space-to-Earth)   | SPACE     |           |         |
|                                   | RESEARCH  |           |         |
| 5.547                             |           |           |         |
|                                   | (space-   |           |         |
|                                   | to-Earth) |           |         |
+-----------------------------------+-----------+-----------+---------+
| 37.5-38                           |           |           |         |
|                                   |           |           |         |
| FIXED                             |           |           |         |
|                                   |           |           |         |
| FIXED-SATELLITE (space-to-Earth)  |           |           |         |
| 5.551AA                           |           |           |         |
|                                   |           |           |         |
| MOBILE                            |           |           |         |
|                                   |           |           |         |
| SPACE RESEARCH (space-to-Earth)   |           |           |         |
|                                   |           |           |         |
| Earth exploration-satellite       |           |           |         |
| (space-to-Earth)                  |           |           |         |
|                                   |           |           |         |
| 5.547                             |           |           |         |
+-----------------------------------+-----------+-----------+---------+
|                                   |           | 37.6-38.6 | Sa      |
|                                   |           |           | tellite |
|                                   |           | FIXED     |         |
|                                   |           |           | Communi |
|                                   |           | FIXED-    | cations |
|                                   |           | SATELLITE | (25)    |
|                                   |           |           |         |
|                                   |           | (space-   |         |
|                                   |           | to-Earth) |         |
|                                   |           |           |         |
|                                   |           | MOBILE    |         |
+-----------------------------------+-----------+-----------+---------+
| 38-39.5                           | 38-38.6   |           |         |
|                                   |           |           |         |
| FIXED                             | FIXED     |           |         |
|                                   |           |           |         |
| FIXED-SATELLITE (space-to-Earth)  | MOBILE    |           |         |
| 5.551AA                           |           |           |         |
|                                   |           |           |         |
| MOBILE                            |           |           |         |
|                                   |           |           |         |
| Earth exploration-satellite       |           |           |         |
| (space-to-Earth)                  |           |           |         |
|                                   |           |           |         |
| 5.547                             |           |           |         |
+-----------------------------------+-----------+-----------+---------+
|                                   | 38.6-39.5 | 38.6-39.5 | Fixed   |
|                                   |           |           | Mi      |
|                                   |           | FIXED     | crowave |
|                                   |           |           | (101)   |
|                                   |           | FIXED-    |         |
|                                   |           | SATELLITE |         |
|                                   |           |           |         |
|                                   |           | (space-   |         |
|                                   |           | to-Earth) |         |
|                                   |           |           |         |
|                                   |           | MOBILE    |         |
|                                   |           | NG175     |         |
+-----------------------------------+-----------+-----------+---------+
| 39.5-40                           | 39.5-40   | 39.5-40   |         |
|                                   |           |           |         |
| FIXED                             | FIXED-    | FIXED     |         |
|                                   | SATELLITE |           |         |
| FIXED-SATELLITE (space-to-Earth)  |           | FIXED-    |         |
| 5.551AA                           | (space-   | SATELLITE |         |
|                                   | to-Earth) |           |         |
| MOBILE                            |           | (space-   |         |
|                                   | MOBILE-   | to-Earth) |         |
| MOBILE-SATELLITE (space-to-Earth) | SATELLITE |           |         |
|                                   |           | MOBILE    |         |
| Earth exploration-satellite       | (space-   | NG175     |         |
| (space-to-Earth)                  | to-Earth) |           |         |
|                                   |           | MOBILE-   |         |
| 5.547                             | G117      | SATELLITE |         |
|                                   |           |           |         |
|                                   |           | (space-   |         |
|                                   |           | to-Earth) |         |
+-----------------------------------+-----------+-----------+---------+

Page 76

\* \* \* \* \*

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US11 The use of the frequencies 166.25 and 170.15 MHz may be authorized
to non‑Federal Government remote pickup broadcast base and land mobile
stations and to non‑Federal Government base, fixed and land mobile
stations in the public safety radio services on the condition that
harmful interference shall not be caused to present or future Federal
Government stations in the band 162-174 MHz. Authorization on these
frequencies shall be in the lower 48 contiguous States only, except
within the area bounded on the west by the Mississippi River, on the
north by the parallel of latitude 37° 30\' N., and on the east and south
by that arc of the circle with center at Springfield, Illinois, and
radius equal to the airline distance between Springfield, Illinois, and
Montgomery, Alabama, subtended between the foregoing west and north
boundaries. The use of these frequencies by remote pickup broadcast
stations shall not be authorized for locations within 150 miles (241.4
km) of New York City; and use of these frequencies by the public safety
radio services shall not be authorized except for locations within 150
miles of New York City.

\* \* \* \* \*

Non‑Federal Government (NG) Footnotes

\* \* \* \* \*

NG53 In the band 12.7-13.15 GHz, television pickup stations and CARS
pickup stations shall be assigned channels on a co-equal basis and shall
operate on a secondary basis to fixed stations operating in accordance
with the Table of Frequency Allocations. In the band 13.15-13.20 GHz,
television pickup stations and CARS pickup stations shall be assigned
channels on a primary co-equal basis within 50 kilometers of the
television markets defined in 47 C.F.R § 76.53. In the band
13.20-13.2125 GHz, television pickup stations shall be assigned channels
on a primary basis, and CARS fixed and pickup stations shall operate on
a secondary basis to television broadcast auxiliary stations.

\* \* \* \* \*

NG115 In the bands 54‑72 MHz, 76‑88 MHz, 174‑216 MHz, 470‑608 MHz, and
614‑806 MHz, wireless microphones and wireless assist video devices may
be authorized on a non‑interference basis, subject to the terms and
conditions set forth in 47 C.F.R. part 74, subpart H.

\* \* \* \* \*

NG175 Television pickup stations in the mobile services authorized to
use frequencies in the band 38.6-40.0 GHz on or before **(insert date 30
days after publication in the Federal Register)**, may continue to
operate on a secondary basis to stations operating in accordance with
the Table of Frequency Allocations.

\* \* \* \* \*

**PART 73 -- RADIO BROADCAST SERVICES**

7.  The authority citation for Part 73 continues to read as follows:

> **AUTHORITY: 47 U.S.C. 154, 303, 3334, and 336.**

8.  Section 73.3500 is amended by removing the entries for Forms 313 and
    313‑R from the table in paragraph (a) and adding an entry for Forms
    601 and 603 to read as follows:

> **[§ 73.3500 Application and report forms]{.underline}.**

\(a\) \* \* \*

  ------------ ----------------------------------------------------------
  Form number  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
  ------------ ----------------------------------------------------------

\* \* \* \* \*

9.  Section 73.3533 is amended by removing and reserving paragraph
    (a)(3).

> **[§ 73.3533 Application for construction permit or modification of
> construction permit]{.underline}.**

\(a\) \* \* \*

\(3\) \[Reserved\]

\* \* \* \* \*

10. Section 73.3536 is amended by removing and reserving paragraph
    (b)(3).

> **[§ 73.3536 Application for license to cover construction
> permit]{.underline}.**

\(b\) \* \* \*

\(3\) \[Reserved\]

\* \* \* \* \*

11. Section 73.3598 is amended by revising paragraph (a) to read as
    follows:

> **[§ 73.3598 Period of construction]{.underline}.**

\(a\) Each original construction permit for the construction of a new
TV, AM, FM or International Broadcast; low power TV; TV translator; TV
booster; FM translator; or FM booster, or to make changes in such
existing stations, shall specify a period of three years from the date
of issuance of the original construction permit within which
construction shall be completed and application for license filed.

\* \* \* \* \*

**PART 74 -- EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCASTING AND
OTHER PROGRAM DISTRIBUTIONAL SERVICES**

12. The authority citation for Part 74 continues to read as follows:

> **AUTHORITY: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.**

13. Section 74.5 is amended by redesignating paragraphs (a)(4) through
    (a)(6) as paragraphs (a)(5) through (a)(7), adding a new paragraph
    (a)(4), and adding a new paragraph (f) to read as follows:

**[§ 74.5 Cross reference to rules in other parts]{.underline}.**

\* \* \* \* \*

\(a\) \* \* \*

\(4\) Subpart F, "Wireless Telecommunications Services Applications and
Proceedings". (§§ 1.901 to 1.981).

\* \* \* \* \*

\(f\) Part 101, "Fixed Microwave Services".

14. A new Section 74.6 is added to read as follows:

**[§ 74.6 Licensing of broadcast auxiliary and low power auxiliary
stations]{.underline}.**

Applicants for and licensees of remote pickup broadcast stations, aural
broadcast auxiliary stations, television broadcast auxiliary stations,
and low power auxiliary stations authorized under subparts D, E, F, and
H of this part are subject to the application and procedural rules for
wireless telecommunications services contained in part 1, subpart F of
this chapter. Applicants for these stations may file either manually or
electronically as specified in § 1.913(b) and (d) of this chapter.

15. Section 74.15 is amended by revising the second sentence and
    deleting the last sentence of paragraph (f) to read as follows:

**[§ 74.15 Station license period]{.underline}.**

\* \* \* \* \*

\(f\) \* \* \* An application for renewal of license shall be filed in
accordance with the provisions of § 1.949.

\* \* \* \* \*

16. Section 74.24 is amended by revising the introductory text and
    paragraphs (a), (d), (f), (g), and the last two sentences of
    paragraph (i), by adding a new sentence to the end of paragraph
    (h)(1), and by removing the Note after paragraph (g) to read as
    follows:

**[§ 74.24 Short term operation]{.underline}.**

All classes of broadcast auxiliary stations provided for in subparts D,
E, F and H of this part, except wireless video assist devices, may be
operated on a short‑term basis under the authority conveyed by a Part 73
license or a broadcast auxiliary license without prior authorization
from the FCC, subject to the following conditions:

\(a\) Licensees operating under this provision must be eligible to
operate the particular class of broadcast auxiliary station.

\* \* \* \* \*

\(d\) Short‑term operation under this section shall not exceed 720 hours
annually per frequency.

Note: Certain frequencies shared with other services which are normally
available for permanent broadcast auxiliary station assignment may not
be available for short‑term operation. Refer to any note(s) which may be
applicable to the use of a specific frequency prior to initiating
operation.

\* \* \* \* \*

\(f\) Stations operated pursuant to this section shall be identified by
the transmission of the call sign of the associated Part 73 broadcast
station or broadcast auxiliary station, or, in the case of stations
operated by broadcast network and cable network entities, by the network
or cable entity's name and base of operations city.

\(g\) Prior to operating pursuant to the provisions of this section,
licensees shall, for the intended location or area‑of‑operation, notify
the appropriate frequency coordination committee or any licensee(s)
assigned the use of the proposed operating frequency, concerning the
particulars of the intended operation and shall provide the name and
telephone number of a person who may be contacted in the event of
interference. Except as provided below, this notification provision
shall not apply where an unanticipated need for immediate short‑term
mobile station operation would render compliance with the provisions of
this paragraph impractical.

\(1\) A CARS licensee shall always be given advance notification prior
to the commencement of short‑term operation on or adjacent to an
assigned frequency.

\(2\) The Commission may designate a frequency coordinator as the single
point of contact under this section for advance coordination of major
national and international events. Once designated, all short‑term
auxiliary broadcast use under this section must be coordinated in
advance through the designated coordinator.

\(i\) Coordinators under this provision will not be designated unless
the Commission receives an initial request, in writing, to designate a
coordinator.

\(ii\) The Commission will issue a Public Notice with information
regarding the designation of such a coordinator.

\(iii\) All coordination must be done on a non-discriminatory basis.

\(iv\) All licensees must abide by the decision of the coordinator. The
Commission will be the final arbiter of any disputes.

\(3\) An unanticipated need will never be deemed to exist for a
scheduled event, such as a convention, sporting event, etc.

\(h\) \* \* \*

\(1\) \* \* \* See § 1.928(e) of this chapter for a definition of Line A
and Line C.

\* \* \* \* \*

\(i\) \* \* \* It shall simply be necessary for the licensee to contact
the potentially affected agency and obtain advance approval for the
proposed short‑term operation. Where protection to FCC monitoring
stations is concerned, approval for short‑term operation may be given by
the District Director of a Commission field facility.

\* \* \* \* \*

17. A new Section 74.25 is added to read as follows:

**[§ 74.25 Temporary conditional operating authority]{.underline}.**

An applicant for a new broadcast auxiliary radio service station or a
modification of an existing station under subparts D, E, F, or H of this
part may operate the proposed station during the pendency of its
applications upon the filing of a properly completed formal application
that complies with the rules for the particular class of station,
provided that the conditions set forth below are satisfied.

\(a\) Conditions applicable to all broadcast auxiliary stations.

\(i\) Stations operated pursuant to this section shall be identified by
the transmission of the call sign of the associated Part 73 broadcast
station, if one exists, or the prefix "WT" followed by the applicant's
local business telephone number for broadcast or cable network entities.

\(ii\) The antenna structure(s) has been previously studied by the
Federal Aviation Administration and determined to pose no hazard to
aviation safety as required by subpart B of part 17 of this chapter; or
the antenna or tower structure does not exceed 6.1 meters above ground
level or above an existing man‑made structure (other than an antenna
structure), if the antenna or tower has not been previously studied by
the Federal Aviation Administration and cleared by the FCC;

\(iii\) The grant of the application(s) does not require a waiver of the
Commission\'s rules;

\(iv\) The applicant has determined that the facility(ies) will not
significantly affect the environment as defined in § 1.1307 of this
chapter;

\(v\) The station site does not lie, within a radio "Quiet Zone"
identified in § 1.924 of this chapter.

\(b\) Conditions applicable to remote pickup broadcast auxiliary
stations.

\(i\) The auxiliary station must be located within 80 km (50 mi) of the
broadcast studio or broadcast transmitter.

\(ii\) The applicant must coordinate the operation with all affected
co‑channel and adjacent channel licensees in the area of operation. This
requirement can be satisfied by coordination with the local frequency
committee if one exists.

\(iii\) Operation under this provision is not permitted between
152.87 MHz and 153.35 MHz.

\(c\) Conditions applicable to aural and television broadcast auxiliary
stations.

\(i\) The applicable frequency coordination procedures have been
successfully completed and the filed application is consistent with that
coordination.

\(ii\) The station site does not lie within an area requiring
international coordination.

\(iii\) If operated on frequencies in the 17.8‑19.7 GHz band, the
station site does not lie within any of the areas identified in § 1.924
of this chapter.

\(d\) Operation under this section shall be suspended immediately upon
notification from the Commission or by the District Director of a
Commission field facility, and shall not be resumed until specific
authority is given by the Commission or District Director. When
authorized by the District Director, short test operations may be made.

\(e\) Conditional authority ceases immediately if the application(s) is
returned by the Commission because it is not acceptable for filing.

\(f\) Conditional authorization does not prejudice any action the
Commission may take on the subject application(s). Conditional authority
is accepted with the express understanding that such authority may be
modified or cancelled by the Commission at any time without hearing if,
in the Commission\'s discretion, the need for such action arises. An
applicant operating pursuant to this conditional authority assumes all
risks associated with such operation, the termination or modification of
the conditional authority, or the subsequent dismissal or denial of its
application(s).

18. A new Section 74.34 is added to read as follows:

**[§ 74.34 Period of construction; certification of completion of
construction]{.underline}.**

\(a\) Each aural and television broadcast auxiliary station authorized
under subparts E and F of this part must be in operation within 18
months from the initial date of grant.

\(b\) Each remote pickup broadcast auxiliary station authorized under
subpart D of this part must be in operation within 12 months from the
initial date of grant.

\(c\) Failure to timely begin operation means the authorization
terminates automatically.

\(d\) Requests for extension of time may be granted upon a showing of
good cause pursuant to § 1.946(e) of this chapter.

\(e\) Construction of any authorized facility or frequency must be
completed by the date specified in the license and the Commission must
be notified pursuant to § 1.946 of this chapter.

19. Section 74.402 is revised to read as follows:

**[§ 74.402 Frequency assignment]{.underline}.**

Operation on all channels listed in this section (except: frequencies
26.07 MHz, 26.11 MHz, and 26.45 MHz, and frequencies listed in
paragraphs (a)(4) and (c)(1) of this section) shall be in accordance
with the "priority of use" provisions in § 74.403(b). The channel will
be assigned by its center frequency, channel bandwidth, and emission
designator. In general, the frequencies listed in this section represent
the center of the channel or channel segment. When an even number of
channels are stacked in those sections stacking is permitted, channel
assignments may be made for the frequency halfway between those listed.

\(a\) The following channels (except 1606, 1622, and 1646 kHz) may be
assigned for use by broadcast remote pickup stations using any emission
(other than single sideband or pulse) that will be in accordance with
the provisions of § 74.462.

\(1\) MF Channels: 1606, 1622, and 1646 kHz. The channel 1606 kHz is
subject to the condition listed in paragraph (e)(1) of this section.

\(2\) HF Channels: 25.87, 25.91, 25.95, 25.99, 26.03, 26.07, 26.09,
26.11, 26.13, 26.15, 26.17, 26.19, 26.21, 26.23, 26.25, 26.27, 26.29,
26.31, 26.33, 26.35, 26.37, 26.39, 26.41, 26.43, 26.45, and 26.47 MHz.
The channels 25.87‑26.09 MHz are subject to the condition listed in
paragraph (e)(2) of this section.

\(3\) VHF Channels: 166.25 and 170.15 MHz. These channels are subject to
the condition listed in paragraph (e)(8) of this section.

\(4\) UHF Channels: Up to two of the following 6.25 kHz segments may be
stacked to form a channel which may be assigned for use by broadcast
remote pickup stations using any emission contained within the resultant
channel in accordance with the provisions of § 74.462: 450.00625 MHz,
450.0125 MHz, 450.01875 MHz, 450.025 MHz, 450.98125 MHz, 450.9875 MHz,
450.99375 MHz, 455.00625 MHz, 455.0125 MHz, 455.01875 MHz, 455.025 MHz,
455.98125 MHz, 455.9875 MHz, and 455.99375 MHz. These channels are
subject to the condition listed in paragraph (e)(9) of this section.

\(b\) Up to four of the following 7.5 kHz VHF segments and up to eight
of the following 6.25 kHz UHF segments may be stacked to form a channel
which may be assigned for use by broadcast remote pickup stations using
any emission contained within the resultant channel in accordance with
the provisions of § 74.462.

\(1\) VHF segments: 152.8625, 152.870, 152.8775, 152.885, 152.8925,
152.900, 152.9075, 152.915, 152.9225, 152.930, 152.9375, 152.945,
152.9525, 152.960, 152.9675, 152.975, 152.9825, 152.990, 152.9975,
153.005, 153.0125, 153.020, 153.0275, 153.035, 153.0425, 153.050,
153.0575, 153.065, 153.0725, 153.080, 153.0875, 153.095, 153.1025,
153.110, 153.1175, 153.125, 153.1325, 153.140, 153.1475, 153.155,
153.1625, 153.170, 153.1775, 153.185, 153.1925, 153.200, 153.2075,
153.215, 153.2225, 153.230, 153.2375, 153.245, 153.2525, 153.260,
153.2675, 153.275, 153.2825, 153.290, 153.2975, 153.305, 153.3125,
153.320, 153.3275, 153.335, 153.3425, 153.350, and 153.3575. These
channels are subject to the conditions listed in paragraphs (e) (3),
(4), (5), and (10) of this section.

\(2\) VHF segments: 160.860, 160.8675, 160.875, 160.8825, 160.890,
160.8975, 160.905, 160.9125, 160.920, 160.9275, 160.935, 160.9425,
160.950, 160.9575, 160.965, 160.9725, 160.980, 160.9875, 160.995,
161.0025, 161.010, 161.0175, 161.025, 161.0325, 161.040, 161.0475,
161.055, 161.0625, 161.070, 161.0775, 161.085, 161.0925, 161.100,
161.1075, 161.115, 161.1225, 161.130, 161.1375, 161.145, 161.1525,
161.160, 161.1675, 161.175, 161.1825, 161.190, 161.1975, 161.205,
161.2125, 161.220, 161.2275, 161.235, 161.2425, 161.250, 161.2575,
161.265, 161.2725, 161.280, 161.2875, 161.295, 161.3025, 161.310,
161.3175, 161.325, 161.3325, 161.340, 161.3475, 161.355, 161.3625,
161.370, 161.3775, 161.385, 161.3925, 161.400. These channels are
subject to the condition listed in paragraph (e)(6) and (10) of this
section.

\(3\) VHF segments: 161.625, 161.6325, 161.640, 161.6475, 161.655,
161.6625, 161.670, 161.6775, 161.685, 161.6925, 161.700, 161.7075,
161.715, 161.7225, 161.730, 161.7375, 161.745, 161.7525, 161.760,
161.7675, 161.775. These channels are subject to the conditions listed
in paragraphs (e)(4), (7), and (10) of this section.

\(4\) UHF segments: 450.03125, 450.0375, 450.04375, 450.050, 450.05625,
450.0625, 450.06875, 450.075, 450.08125, 450.0875, 450.09375, 450.100,
450.10625, 450.1125, 450.11875, 450.125, 450.13125, 450.1375, 450.14375,
450.150, 450.15625, 450.1625, 450.16875, 450.175, 450.18125, 450.1875,
450.19375, 450.200, 450.20625, 450.2125, 450.21875, 450.225, 450.23125,
450.2375, 450.24375, 450.250, 450.25625, 450.2625, 450.26875, 450.275,
450.28125, 450.2875, 450.29375, 450.300, 450.30625, 450.3125, 450.31875,
450.325, 450.33125, 450.3375, 450.34375, 450.350, 450.35625, 450.3625,
450.36875, 450.375, 450.38125, 450.3875, 450.39375, 450.400, 450.40625,
450.4125, 450.41875, 450.425, 450.43125, 450.4375, 450.44375, 450.450,
450.45625, 450.4625, 450.46875, 450.475, 450.48125, 450.4875, 450.49375,
450.500, 450.50625, 450.5125, 450.51875, 450.525, 450.53125, 450.5375,
450.54375, 450.550, 450.55625, 450.5625, 450.56875, 450.575, 450.58125,
450.5875, 450.59375, 450.600, 450.60625, 450.6125, 450.61875, 455.03125,
455.0375, 455.04375, 455.050, 455.05625, 455.0625, 455.06875, 455.075,
455.08125, 455.0875, 455.09375, 455.100, 455.10625, 455.1125, 455.11875,
455.125, 455.13125, 455.1375, 455.14375, 455.150, 455.15625, 455.1625,
455.16875, 455.175, 455.18125, 455.1875, 455.19375, 455.200, 455.20625,
455.2125, 455.21875, 455.225, 455.23125, 455.2375, 455.24375, 455.250,
455.25625, 455.2625, 455.26875, 455.275, 455.28125, 455.2875, 455.29375,
455.300, 455.30625, 455.3125, 455.31875, 455.325, 455.33125, 455.3375,
455.34375, 455.350, 455.35625, 455.3625, 455.36875, 455.375, 455.38125,
455.3875, 455.39375, 455.400, 455.40625, 455.4125, 455.41875, 455.425,
455.43125, 455.4375, 455.44375, 455.450, 455.45625, 455.4625, 455.46875,
455.475, 455.48125, 455.4875, 455.49375, 455.500, 455.50625, 455.5125,
455.51875, 455.525, 455.53125, 455.5375, 455.54375, 455.550, 455.55625,
455.5625, 455.56875, 455.575, 455.58125, 455.5875, 455.59375, 455.600,
455.60625, 455.6125, 455.61875.

\(c\) Up to two of the following 25 kHz segments may be stacked to form
a channel which may be assigned for use by broadcast remote pickup
stations using any emission contained within the resultant channel in
accordance with the provisions of § 74.462. Users committed to 50 kHz
bandwidths and transmitting program material will have primary use of
these channels.

\(1\) UHF segments: 450.6375, 450.6625, 450.6875, 450.7125, 450.7375,
450.7625, 450.7875, 450.8125, 450.8375, 450.8625, 455.6375, 455.6625,
455.6875, 455.7125, 455.7375, 455.7625, 455.7875, 455.8125, 455.8375,
455.8625 MHz.

> \(2\) \[Reserved\]

\(d\) Up to two of the following 50 kHz segments may be stacked to form
a channel which may be assigned for use by broadcast remote pickup
stations using any emission contained within the resultant channel in
accordance with the provisions of § 74.462. Users committed to 100 kHz
bandwidths and transmitting program material will have primary use of
these channels.

\(1\) UHF segments: 450.900, 450.950, 455.900, and 455.950 MHz.

> \(2\) \[Reserved\]

\(e\) Conditions on Broadcast Remote Pickup Service channel usage as
referred to in paragraphs (a) through (d) of this section:

\(1\) Operation is subject to the condition that no harmful interference
is caused to the reception of AM broadcast stations.

\(2\) Operation is subject to the condition that no harmful interference
is caused to stations in the broadcast service.

\(3\) Operation is subject to the condition that no harmful interference
is caused to stations operating in accordance with the Table of
Frequency Allocations set forth in Part 2 of the Commission\'s Rules and
Regulations. Applications for licenses to use frequencies in this band
must include statements showing what procedures will be taken to ensure
that interference will not be caused to stations in the
Industrial/Business Pool (Part 90).

\(4\) These frequencies will not be licensed to network entities.

\(5\) These frequencies will not be authorized to new stations for use
on board aircraft.

\(6\) These frequencies are allocated for assignment to broadcast remote
pickup stations in Puerto Rico or the Virgin Islands only.

Note: These frequencies are shared with Public Safety and
Industrial/Business Pools (Part 90).

\(7\) These frequencies may not be used by broadcast remote pickup
stations in Puerto Rico or the Virgin Islands. In other areas, certain
existing stations in the Public Safety and Industrial/Business Pools
(Part 90) have been permitted to continue operation on these frequencies
on the condition that no harmful interference is caused to broadcast
remote pickup stations.

\(8\) Operation on frequencies 166.25 MHz and 170.15 MHz is subject to
the condition that harmful interference shall not be caused to present
or future Government stations in the band 162-174 MHz and is also
subject to the bandwidth and tolerance limitations and compliance
deadlines listed in § 74.462 of this part. Authorization on these
frequencies shall be in the lower 48 contiguous States only, except
within the area bounded on the west by the Mississippi River, on the
north by the parallel of latitude 37° 30\' N., and on the east and south
by that arc of the circle with center at Springfield, Illinois, and
radius equal to the airline distance between Springfield, Illinois, and
Montgomery, Alabama, subtended between the foregoing west and north
boundaries, or within 150 miles (241.4 km) of New York City.

\(9\) The use of these frequencies is limited to operational
communications, including tones for signaling and for remote control and
automatic transmission system control and telemetry. Stations licensed
or applied for before **(insert date 30 days after publication in the
Federal Register)**, must comply with the channel plan by **(insert date
three years after publication in the Federal Register),** or may
continue to operate on a secondary, non-interference basis.

\(10\) Stations licensed or applied for before **(insert date 30 days
after publication in the Federal Register)**, must comply with the
channel plan by **(insert date three years after publication in the
Federal Register),** or may continue to operate on a secondary,
non-interference basis.

\(f\) License applicants shall request assignment of only those
channels, both in number and bandwidth, necessary for satisfactory
operation and for which the system is equipped to operate. However, it
is not necessary that each transmitter within a system be equipped to
operate on all frequencies authorized to that licensee.

\(g\) Remote pickup stations or systems will not be granted exclusive
channel assignments. The same channel or channels may be assigned to
other licensees in the same area. When such sharing is necessary, the
provisions of § 74.403 shall apply.

20. Section 74.403 is amended by revising the first sentence of
    paragraph (b) to read as follows:

> **[§ 74.403 Frequency selection to avoid interference]{.underline}.**
>
> \* \* \* \* \*
>
> \(b\) The following order of priority of transmissions shall be
> observed on all frequencies except frequencies 26.07 MHz, 26.11 MHz,
> and 26.45 MHz, and frequencies listed in § 74.402(a)(4) and (c)(1) of
> this part:
>
> \* \* \* \* \*

21. Section 74.431 is amended by revising the first sentence of
    paragraph (i) and removing and reserving paragraph (g) to read as
    follows:

> **[§ 74.431 Special rules applicable to remote pickup
> stations]{.underline}.**
>
> \* \* \* \* \*
>
> \(g\) \[Reserved\]
>
> \* \* \* \* \*
>
> \(i\) Remote pickup mobile or base stations may be used for activities
> associated with the Emergency Alert System (EAS) and similar emergency
> survival communications systems. \* \* \*

22. Section 74.432 is amended revising paragraphs (b) and (g) and the
    first sentence of paragraph (k) to read as follows:

**[§ 74.432 Licensing requirements and procedures]{.underline}.**

\* \* \* \* \*

\(b\) Base stations may operate as automatic relay stations on the
frequencies listed in § 74.402(b)(4) and (c)(1) of this part under the
provisions of § 74.436, however, one licensee may not operate such
stations on more than two frequency pairs in a single area.

\* \* \* \* \*

\(g\) An application for a remote pickup broadcast station or system
shall specify the broadcasting station with which the remote pickup
broadcast facility is to be principally used and the licensed area of
operation for a system which includes mobile stations shall be the area
considered to be served by the associated broadcasting station. Mobile
stations may be operated outside the licensed area of operation pursuant
to § 74.24 of this part. Where the applicant for remote pickup broadcast
facilities is the licensee of more than one class of broadcasting
station (AM, FM, TV), all licensed to the same community, designation of
one such station as the associated broadcasting station will not
preclude use of the remote pickup broadcast facilities with those
broadcasting stations not included in the designation and such
additional use shall be at the discretion of the licensee.

\* \* \* \* \*

\(k\) In case of permanent discontinuance of operations of a station
licensed under this subpart, the licensee shall cancel the station
license using FCC Form 601. \* \* \*

23. Section 74.433 is amended by revising paragraphs (b) and (c) to read
    as follows:

> **[§ 74.433 Temporary authorizations]{.underline}.**
>
> \* \* \* \* \*

\(b\) A request for special temporary authority for the operation of a
remote pickup broadcast station must be made in accordance with the
procedures of § 1.931(b) of this chapter.

\(c\) All requests for special temporary authority of a remote pickup
broadcast station must include full particulars including: licensee\'s
name and address, facility identification number of the associated
broadcast station or stations, call letters of remote pickup station (if
assigned), type and manufacturer of equipment, power output, emission,
frequency or frequencies proposed to be used, commencement and
termination date, location of operation and purpose for which request is
made including any particular justification.

> \* \* \* \* \*

24. Section 74.451 is amended by revising paragraph (a) to read as
    follows:

> **[§ 74.451 Certification of equipment]{.underline}.**

\(a\) Applications for new remote pickup broadcast stations or systems
or for changing transmitting equipment of an existing station will not
be accepted unless the transmitters to be used have been certificated by
the FCC pursuant to the provisions of this subpart, or have been
certificated for licensing under Part 90 of the FCC rules and do not
exceed the output power limits specified in § 74.461(b).

\* \* \* \* \*

25. Section 74.452 is revised to read as follows:

**[§ 74.452 Equipment changes]{.underline}.**

\(a\) Modifications may be made to an existing authorization in
accordance with §§ 1.929 and 1.947 of this chapter.

\(b\) All transmitters initially installed after November 30, 1977, must
be certificated for use in this service or other service as specified in
§ 74.451(a).

26. Section 74.462 is amended by revising paragraph (a), the table in
    paragraph (b), and the introduction to paragraph (c), and removing
    paragraphs (e), (f), and (g) to read as follows:

> **[§ 74.462 Authorized bandwidth and emissions]{.underline}.**

\(a\) Each authorization for a new remote pickup broadcast station or
system shall require the use of certificated equipment and such
equipment shall be operated in accordance with emission specifications
included in the grant of certification and as prescribed in paragraphs
(b), (c), and (d) of this section.

\(b\) \* \* \*

+----------------------+--------+--------+----------------------------+
| Frequencies          | Auth   | M      | Type of emission^2^        |
|                      | orized | aximum |                            |
|                      | ban    | fre    |                            |
|                      | dwidth | quency |                            |
|                      | (kHz)  | deviat |                            |
|                      |        | ion^1^ |                            |
|                      |        | (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 | 30/60  | 5/10   |                            |
| ^3^                  |        |        |                            |
+----------------------+--------+--------+----------------------------+
| 160.860 to 161.400   | 60     | 10     | Frequencies 160.860 to     |
|                      |        |        | 455.950 MHz:               |
|                      |        |        |                            |
|                      |        |        | A1A, A1B, A1D, A1E,        |
|                      |        |        |                            |
|                      |        |        | A2A, A2B, A2D, A2E, A3E,   |
|                      |        |        |                            |
|                      |        |        | F1A, F1B, F1D, F1E,        |
|                      |        |        |                            |
|                      |        |        | F2A, F2B, F2D, F2E, F3E,   |
|                      |        |        | F9E                        |
+----------------------+--------+--------+----------------------------+
| 161.625 to 161.775   | 30     | 5      |                            |
+----------------------+--------+--------+----------------------------+
| 166.25 and 170.15    | 1      | 5      |                            |
| ^4^                  | 2.5/25 |        |                            |
+----------------------+--------+--------+----------------------------+
| 450.00625 to 450.025 | Up to  | 1.5    |                            |
|                      | 12.5   |        |                            |
| 450.98125 to         |        |        |                            |
| 450.99375            |        |        |                            |
|                      |        |        |                            |
| 455.00625 to 455.025 |        |        |                            |
|                      |        |        |                            |
| 455.98125 to         |        |        |                            |
| 455.99375.           |        |        |                            |
+----------------------+--------+--------+----------------------------+
| 450.03125 to         | Up to  | 5      |                            |
| 450.61875            | 25     |        |                            |
|                      |        |        |                            |
| 455.03125 to         |        |        |                            |
| 455.61875            |        |        |                            |
+----------------------+--------+--------+----------------------------+
| 450.6375 to 450.8625 | 25 ‑   | 10     |                            |
|                      | 50     |        |                            |
| 455.6375 to 455.8625 |        |        |                            |
+----------------------+--------+--------+----------------------------+
| 450.900, 450.950     | 50 ‑   | 35     |                            |
|                      | 100    |        |                            |
| 455.900, 455.950     |        |        |                            |
+----------------------+--------+--------+----------------------------+

^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 excess of 30 kHz and maximum deviation exceeding 5 kHz

^4^ For stations licensed or applied for before **(insert date 30 days
after publication in the Federal Register)**, 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 **(insert
date 30 days after publication in the Federal Register)**, 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.

\* \* \* \* \*

\(c\) For emissions on frequencies above 25 MHz with authorized
bandwidths up to 30 kHz, the emissions shall comply with the emission
mask and transient frequency behavior requirements of §§ 90.210 and
90.214 of this chapter. For all other emissions, the mean power of
emissions shall be attenuated below the mean output power of the
transmitter in accordance with the following schedule:

\* \* \* \* \*

27. Section 74.464 is amended by revising the introductory text to the
    table to read as follows:

> **[§ 74.464 Frequency tolerance]{.underline}.**

For operations on frequencies above 25 MHz using authorized bandwidths
up to 30 kHz, the licensee of a remote pickup broadcast station or
system shall maintain the operating frequency of each station in
compliance with the frequency tolerance requirements of § 90.213 of this
chapter. For all other operations, the licensee of a remote pickup
broadcast station or system shall maintain the operating frequency of
each station in accordance with the following:

\* \* \* \* \*

28. Section 74.482 is amended by revising the second sentence of
    paragraph (a) and paragraph (e) to read as follows:

> **[§ 74.482 Station identification]{.underline}.**

\(a\) \* \* \* For systems, the licensee (including those operating
pursuant to § 74.24 of this part) shall assign a unit designator to each
station in the system. \* \* \*

\* \* \* \* \*

\(e\) For stations using F1E or G1E emissions, identification shall be
transmitted in the unscrambled analog (F3E) mode or in International
Morse Code pursuant to the provisions of paragraph (d) of this section
at intervals not to exceed 15 minutes. For purposes of rule enforcement,
all licensees using F1E or G1E emissions shall provide, upon request by
the Commission, a full and complete description of the encoding
methodology they currently use.

\* \* \* \* \*

29. Section 74.502 is amended by removing the second sentence of the
    introductory text of paragraph (b), revising the last sentence of
    the introductory text of paragraph (b), adding two new sentences to
    the end of the introductory text of paragraph (b), revising
    paragraph (c)(1)(ii), and revising paragraph (d) to read as follows:

> **[§ 74.502 Frequency assignment]{.underline}.**

\(a\) \* \* \* \* \*

\(b\) \* \* \* The frequencies listed below are the centers of
individual segments. When stacking an even number of segments, the
center frequency specified will deviate from the list below in that it
should correspond to the actual center of stacked channels. When
stacking an odd number of channels, the center frequency specified will
correspond to one of the frequencies listed below.

\* \* \* \* \*

\(c\) \* \* \*

\(1\) \* \* \*

\(ii\) Licensees may use either a two-way link or one frequency of a
frequency pair for a one-way link.

\* \* \* \* \*

\(d\) For the coordination of all frequency assignments for fixed
stations above 944 MHz, for each frequency authorized under this part,
the interference protection criteria in § 101.105(a), (b), and (c) of
this chapter and the frequency usage coordination procedures of §
101.103(d) of this chapter will apply.

\* \* \* \* \*

30. Section 74.532 is amended by removing the Note following
    paragraph (d) and revising paragraph (f) to read as follows:

> **[§ 74.532 Licensing requirements]{.underline}.**

\* \* \* \* \*

\(f\) In case of permanent discontinuance of operations of a station
licensed under this subpart, the licensee shall cancel the station
license using FCC Form 601. For purposes of this section, a station
which is not operated for a period of one year is considered to have
been permanently discontinued.

31. Section 74.534 is revised to read as follows:

> **[§ 74.534 Power limitations]{.underline}.**

\(a\) Transmitter output power.

\(1\) Transmitter output power shall be limited to that necessary to
accomplish the function of the system.

\(2\) In the 17,700 to 19,700 MHz band, transmitter output power shall
not exceed 10 watts.

\(b\) In no event shall the average equivalent isotropically radiated
power (EIRP), as referenced to an isotropic radiator, exceed the values
specified below. In cases of harmful interference, the Commission may,
after notice and opportunity for hearing, order a change in the
equivalent isotropically radiated power of this station.

  ----------------------------------- -----------------------------------
  Frequency Band (MHz)                Maximum Allowable ^1^ EIRP (dBW)

  944 to 952                          +40

  17,700 to 18,600                    +55

  18,600 to 19,700                    +35
  ----------------------------------- -----------------------------------

^1^ Stations licensed based on an application filed before **(insert
date 30 days after publication in the Federal Register)**, for EIRP
values exceeding those specified above, may continue to operate
indefinitely in accordance with the terms of their current
authorizations, subject to periodic renewal.

\(c\) The EIRP of transmitters that use Automatic Transmitter Power
Control (ATPC) shall not exceed the EIRP specified on the station
authorization. The EIRP of non‑ATPC transmitters shall be maintained as
near as practicable to the EIRP specified on the station authorization.

32. Section 74.535 is amended by revising paragraphs (a), (b) and (d),
    removing existing paragraphs (e) and (f), and redesignating
    paragraph (g) as paragraph (e) to read as follows:

> **[§ 74.535 Emission and bandwidth]{.underline}.**

\(a\) The mean power of emissions shall be attenuated below the mean
transmitter power (P~MEAN~) in accordance with the following schedule:

\(1\) When using frequency modulation:

\(i\) On any frequency removed from the assigned (center) frequency by
more than 50% up to and including 100% of the authorized bandwidth: At
least 25 dB in any 100 kHz reference bandwidth (B~REF~);

\(ii\) On any frequency removed from the assigned (center) frequency by
more than 100% up to and including 250% of the authorized bandwidth: At
least 35 dB in any 100 kHz reference bandwidth;

\(iii\) On any frequency removed from the assigned (center) frequency by
more than 250% of the authorized bandwidth: At least 43+10 log~10~
(P~MEAN~ in watts) dB, or 80 dB, whichever is the lesser attenuation, in
any 100 kHz reference bandwidth.

\(2\) When using transmissions employing digital modulation techniques:

\(i\) For operating frequencies below 15 GHz, in any 4 kHz reference
bandwidth (B~REF~), the center frequency of which is removed from the
assigned frequency by more than 50 percent up to and including 250
percent of the authorized bandwidth: As specified by the following
equation but in no event less than 50 decibels:

A = 35 + 0.8(G ‑ 50) + 10 Log~10~ B.

(Attenuation greater than 80 decibels is not required.)

where:

A = Attenuation (in decibels) below the mean output power level.

G = Percent removed from the carrier frequency.

B = Authorized bandwidth in megahertz.

\(ii\) For operating frequencies above 15 GHz, in any 1 MHz reference
bandwidth (B~REF~), the center frequency of which is removed from the
assigned frequency by more than 50 percent up to and including 250
percent of the authorized bandwidth: As specified by the following
equation but in no event less than 11 decibels:

A = 11 + 0.4(G ‑ 50) + 10 Log~10~ B.

(Attenuation greater than 56 decibels is not required.)

\(iii\) In any 4 kHz reference bandwidth (B~REF~), the center frequency
of which is removed from the assigned frequency by more than 250 percent
of the authorized bandwidth: At least 43 +10 Log~10~ (P~MEAN~ in watts)
decibels, or 80 decibels, whichever is the lesser attenuation.

\(b\) For all emissions not covered in paragraph (a) of this section,
the peak power of emissions shall be attenuated below the peak envelope
transmitter power (P~PEAK~) in accordance with the following schedule:

\(1\) On any frequency 500 Hz inside the channel edge up to and
including 2500 Hz outside the same edge, the following formula will
apply:

A = 29 Log~10~ \[(25/11)\[(D + 2.5 -- (W/2)\]^2^\] dB

(Attenuation greater than 50 decibels is not required.)

Where:

A = Attenuation (in dB) below the peak envelope transmitter power.

D = the displacement frequency (kHz) from the center of the authorized
bandwidth.

W = the channel bandwidth (kHz).

\(2\) On any frequency removed from the channel edge by more than 2500
Hz: At least 43+10 Log~10~ (P~PEAK~ in watts) dB.

\* \* \* \* \*

\(d\) For purposes of compliance with the emission limitation
requirements of this section:

\(1\) If the transmitter modulates a single carrier, digital modulation
techniques are considered as being employed when digital modulation
occupies 50 percent or more of the total peak frequency deviation of a
transmitted radio frequency carrier. The total peak frequency deviation
will be determined by adding the deviation produced by the digital
modulation signal and the deviation produced by any frequency division
multiplex (FDM) modulation used. The deviation (D) produced by the FDM
signal must be determined in accordance with § 2.202(f) of this chapter.

\(2\) If the transmitter modulates two or more carriers, with at least
one using digital modulation and one using frequency or other analog
modulation, digital modulation techniques are considered as being
employed when the necessary bandwidth of the digital signal(s) is 50
percent or more of the aggregate bandwidth of the system, comprising the
digital necessary bandwidth(s), the analog necessary bandwidth(s), and
any bandwidth(s) between the digital and analog necessary bandwidths. In
this case, the aggregate bandwidth shall be used for the authorized
bandwidth (B) in paragraph (a) of this section, and for purposes of
compliance with the bandwidth limitations in § 74.502 of this subpart;
and the sum of the powers of the analog and digital signals shall be
used for mean transmitter power (P~MEAN~) in paragraph (a) or the peak
envelope transmitter power (P~PEAK~) in paragraph (b) of this section,
and for purposes of compliance with the power limitations in § 74.534 of
this subpart.

\(3\) For demonstrating compliance with the attenuation requirements for
frequency modulation and digital modulation in paragraph (a) of this
section, the resolution bandwidth (B~RES~) of the measuring equipment
used for measurements removed from the center frequency by more than 250
percent of the authorized bandwidth shall be 100 kHz for operating
frequencies below 1 GHz, and 1 MHz for operating frequencies above 1
GHz. The resolution bandwidth for frequencies removed from the center
frequency by less than 250 percent of the authorized bandwidth shall be
the reference bandwidth (B~REF~) specified in the individual emission
limitations, but may be reduced to not less than one percent of the
authorized bandwidth (B), adjusted upward to the nearest greater
resolution bandwidth available on the measuring equipment. In all cases,
if B~RES~ and B~REF~ are not equal, then the attenuation requirement
must be increased (or decreased) as determined by a factor of 10 log~10~
\[(B~REF~ in megahertz)/(B~RES~ in megahertz)\] decibels, where a
positive factor indicates an increase in the attenuation requirement and
a negative factor indicates a decrease in the attenuation requirement.

\(4\) Stations licensed pursuant to an application filed before
**(insert date two years after publication in the Federal Register)**,
using equipment not conforming with the emission limitations specified
above, may continue to operate indefinitely in accordance with the terms
of their current authorizations, subject to periodic renewal. Existing
equipment and equipment of product lines in production before **(insert
date 30 days after publication in the Federal Register),** authorized
via certification or verification before **(insert date two years after
publication in the Federal Register)**, for equipment not conforming to
the emission limitations requirements specified above, may continue to
be manufactured and/or marketed, but may not be authorized for use under
a station license except at stations licensed pursuant to an application
filed before **(insert date two years after publication in the Federal
Register)**. Any non-conforming equipment authorized under a station
license, and replaced on or after **(insert date two years after
publication in the Federal Register),** must be replaced by conforming
equipment.

\* \* \* \* \*

33. Section 74.536 is amended by removing the line for 31.0 to 31.3 and
    footnotes 2 and 3 from the table in paragraph (c).

34. Section 74.537 is amended by revising paragraphs (b) and (c) to read
    as follows:

> **[§ 74.537 Temporary authorizations]{.underline}.**

\* \* \* \* \*

\(b\) A request for special temporary authority for the operation of an
aural broadcast STL or an intercity relay station must be made in
accordance with the procedures of § 1.931(b) of this chapter.

\(c\) All requests for special temporary authority of an aural broadcast
auxiliary stations must include full particulars including: licensee\'s
name and address, facility identification number of the associated
broadcast station(s), call letters of the aural broadcast STL or
intercity relay station, if assigned, type and manufacturer of
equipment, effective isotropic radiated power, emission, frequency or
frequencies proposed for use, commencement and termination date and
location of the proposed operation, and purpose for which request is
made including any particular justification.

\* \* \* \* \*

35. Section 74.551 is amended by revising paragraph (a), removing
    paragraphs (b) and (c), and redesignating paragraph (d) as new
    paragraph (b) to read as follows:

> **[§ 74.551 Equipment changes]{.underline}.**

\(a\) Modifications may be made to an existing authorization in
accordance with §§ 1.929 and 1.947 of this chapter.

\* \* \* \* \*

36. Section 74.561 is amended by removing the line for 31,000 to 31,300
    from the table.

37. Section 74.602 is amended by removing the third sentence and
    revising the second to last sentence of the introductory text of
    paragraph (a); revising the channel boundaries for channel
    designation B03 to show 12.7625-12.7875 in the table of paragraph
    (a);revising footnote 2 to the table of paragraph (a); revising
    paragraph (d), the first sentence of paragraph (f), paragraph (h),
    and the second to last sentence of the introductory text of
    paragraph (i); and removing and reserving paragraph (a)(2), to read
    as follows:

> **[§ 74.602 Frequency assignment]{.underline}.**

\(a\) \* \* \* The band segment 6425‑6525 MHz is available for broadcast
auxiliary stations as described in paragraph (i) of this section. \* \*
\*

+-----------+-----------+-----------+-----------+-----------+-----------+
| Band      | Band      | Band D^1^ |           |           |           |
| A MHz     | B MHz     | GHz       |           |           |           |
+-----------+-----------+-----------+-----------+-----------+-----------+
|           |           | Group A   |           | Group B   |           |
|           |           | channels  |           | channels  |           |
+-----------+-----------+-----------+-----------+-----------+-----------+
|           |           | De        | Channel   | De        | Channel   |
|           |           | signation |           | signation |           |
|           |           |           | b         |           | b         |
|           |           |           | oundaries |           | oundaries |
+-----------+-----------+-----------+-----------+-----------+-----------+
| \* \* \*  | \* \* \*  | \* \* \*  | \* \* \*  | \* \* \*  | \* \* \*  |
| \* \*     | \* \*     | \* \*     | \* \*     | \* \*     | \* \*     |
+-----------+-----------+-----------+-----------+-----------+-----------+
| \* \* \*  | \* \* \*  | \* \* \*  | \* \* \*  | 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
assignment of Television Pickup stations on a primary basis. Fixed
stations licensed prior to **(insert date 30 days after date of
publication in the Federal Register)** may continue operation under
their current status on channels in the 13.15 - 13.2125 GHz band,
subject to periodic license renewals.

\(1\) \* \* \*

\(2\) \[Reserved\]

\* \* \* \* \*

\(d\) Cable Television Relay Service stations may be assigned channels
in Band D between 12,700 and 13,200 MHz subject to the condition that no
harmful interference is caused to TV STL and TV relay stations
authorized at the time of such grants. Similarly, new TV STL and TV
relay stations must not cause harmful interference to cable television
relay stations authorized at the time of such grants. The use of
channels between 12,700 and 13,200 MHz by TV pickup stations is subject
to the condition that no harmful interference is caused to Cable
Television Relay Service stations, TV STL and TV relay stations, except
as provided for in § 74.602(a) Note 2. Band D channels are also shared
with certain Private Operational Fixed Stations, see § 74.638.

\* \* \* \* \*

\(f\) TV auxiliary stations licensed to low power TV stations and
translator relay stations will be assigned on a secondary basis, i.e.,
subject to the condition that no harmful interference is caused to other
TV auxiliary stations assigned to TV broadcast stations, or to cable
television relay service stations (CARS) operating between 12,700 and
13,200 MHz. \* \* \*

\(g\) \* \* \* \* \*

\(h\) TV STL, TV relay stations, and TV translator relay stations may be
authorized to operate fixed point‑to‑point service on the UHF TV
channels 14‑69 on a secondary basis and subject to the provisions of
subpart G of this part and those specified below:

\(1\) Applications for authorization in accordance with this paragraph
must comply with the following technical limits or be accompanied by an
engineering analysis demonstrating why these limits must be exceeded:

\(i\) Maximum EIRP is limited to 35 dBW;

\(ii\) Transmitting antenna beamwidth is limited to 25 degrees (measured
at the 3 dB points); and

\(iii\) Vertical polarization is used.

\(2\) These stations must not interfere with and must accept
interference from current and future full‑power UHF‑TV stations, LPTV
stations, and translator stations. They will also be secondary to land
mobile stations in areas where land mobile sharing is currently
permitted.

\(3\) TV STL and TV relay stations licensed for operation on UHF TV
channels 52-69 based on applications filed before **(insert date 30 days
after publication in the Federal Register)** may continue to operate
under the terms of their current authorizations until the end of
transition to digital television in their market (DTV Transition), as
set forth in §§ 73.622-73.625. Applications for TV STL and TV relay
stations operating on UHF TV channels 52-69 will not be accepted for
filing on or after **(insert date 30 days after publication in the
Federal Register)**.

\(4\) TV translator relay stations licensed for operation on UHF TV
channels 52-59 based on applications filed before the end of DTV
transition may continue to operate under the terms of their current
authorizations indefinitely. TV translator relay stations licensed for
operation on UHF TV channels 60-69 based on applications filed before
the end of DTV transition may continue to operate under the terms of
their current authorizations until the end of DTV Transition.
Applications for TV translator relay stations operating on UHF TV
channels 52-69 will not be accepted for filing on or after the end of
DTV Transition.

\(i\) \* \* \* This band is co‑equally shared with mobile stations
licensed pursuant to Parts 78 and 101 of the Commission\'s Rules. \* \*
\*

\* \* \* \* \*

38. Section 74.603 is revised by removing and reserving paragraph (b).

> **[§ 74.603 Sound channels]{.underline}.**
>
> \* \* \* \* \*
>
> \(b\) \[Reserved\]
>
> \* \* \* \* \*

39. Section 74.604 is amended by removing and reserving paragraph (a).

> **[§ 74.604 Interference avoidance]{.underline}.**
>
> \(a\) \[Reserved\]
>
> \* \* \* \* \*

40. Section 74.631 is amended by revising the first sentence of
    paragraph (a) to read as follows:

> **[§ 74.631 Permissible service]{.underline}.**

\(a\) The licensee of a television pickup station authorizes the
transmission of program material, orders concerning such program
material, and related communications necessary to the accomplishment of
such transmissions, from the scenes of events occurring in places other
than a television studio, to its associated television broadcast
station, to an associated television relay station, to such other
stations as are broadcasting the same program material, or to the
network or networks with which the television broadcast station is
affiliated.

\* \* \* \* \*

41. Section 74.632 is amended by removing the last two sentences of
    paragraph (a) and the Note following paragraph (f), and revising the
    first sentence of paragraph (c), and paragraphs (e) and (g).

> **[§ 74.632 Licensing requirements]{.underline}.**
>
> \* \* \* \* \*

\(c\) An application for a new TV pickup station shall designate the TV
broadcast station with which it is to be operated and specify the area
in which the proposed operation is intended. \* \* \*

> \* \* \* \* \*

\(e\) A license for a TV translator relay station will be issued only to
licensees of low power TV and TV translator stations. *However*, a
television translator relay station license may be issued to a
cooperative enterprise wholly owned by licensees of television broadcast
translators or licensees of television broadcast translators and cable
television owners or operators upon a showing that the applicant is
qualified under the Communication Act of 1934, as amended.

> \* \* \* \* \*

\(g\) In case of permanent discontinuance of operations of a station
licensed under this subpart, the licensee shall cancel the station
license using FCC Form 601. For purposes of this section, a station
which is not operated for a period of one year is considered to have
been permanently discontinued.

42. Section 74.633 is amended by revising paragraphs (b) and (c) to read
    as follows:

> **[§ 74.633 Temporary authorizations]{.underline}.**

\* \* \* \* \*

\(b\) A request for special temporary authority for the operation of a
television broadcast auxiliary station must be made in accordance with
the procedures of § 1.931(b) of this chapter.

\(c\) All requests for special temporary authority of a television
broadcast auxiliary station must include full particulars including:
licensee\'s name and address, facility identification number of the
associated broadcast station(s) (if any), call letters of the television
broadcast STL or intercity relay station (if assigned), type and
manufacturer of equipment, effective isotropic radiated power, emission,
frequency or frequencies proposed for use, commencement and termination
date and location of the proposed operation, and purpose for which
request is made including any particular justification.

\* \* \* \* \*

43. Section 74.636 is revised as follows:

> **[§ 74.636 Power limitations]{.underline}.**

\(a\) On any authorized frequency, transmitter peak output power and the
average power delivered to an antenna in this service must be the
minimum amount of power necessary to carry out the communications
desired and shall not exceed the values listed in the table below.
Application of this principle includes, but is not to be limited to,
requiring a licensee who replaces one or more of its antennas with
larger antennas to reduce its antenna input power by an amount
appropriate to compensate for the increased primary lobe gain of the
replacement antenna(s). In no event shall the average equivalent
isotropically radiated power (EIRP), as referenced to an isotropic
radiator, exceed the values specified below. In cases of harmful
interference, the Commission may, after notice and opportunity for
hearing, order a change in the effective radiated power of this station.
The table follows:

+---------------------+-------------------+------------+--------------+
| Frequency Band      | Maximum Allowable | Maximum    |              |
| (MHz)               |                   | Allowable  |              |
|                     | Transmitter Power | EIRP ^2^   |              |
+---------------------+-------------------+------------+--------------+
|                     | Mobile (W)        | Fixed      | Mobile (dBW) |
|                     |                   | (dBW)      |              |
+---------------------+-------------------+------------+--------------+
| 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 to7,125       | 12.0              | +55        | +35          |
+---------------------+-------------------+------------+--------------+
| 12,700 to 13,250    | 1.5               | +55        | +45          |
+---------------------+-------------------+------------+--------------+
| 17,700 to 18,600    |                   | +55        |              |
+---------------------+-------------------+------------+--------------+
| 18,600 to 18,800    |                   | +35        |              |
| ^1^                 |                   |            |              |
+---------------------+-------------------+------------+--------------+
| 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 **(insert
date 30 days after publication in the Federal Register)**, for EIRP
values exceeding those specified above, may continue to operate
indefinitely in accordance with the terms of their current
authorizations, subject to periodic renewal.

\(b\) The EIRP of transmitters that use Automatic Transmitter Power
Control (ATPC) shall not exceed the EIRP specified on the station
authorization. The EIRP of non‑ATPC transmitters shall be maintained as
near as practicable to the EIRP specified on the station authorization.

44. Section 74.637 is amended by revising paragraphs (a), (b) and (c)
    and by removing the entries for 31,000 to 31,300 and 38,600-40,000
    from the table in paragraph (g) to read as follows:

> **[§ 74.637 Emissions and emission limitations]{.underline}.**

\(a\) The mean power of emissions shall be attenuated below the mean
transmitter power (P~MEAN~) in accordance with the following schedule:

\(1\) When using frequency modulation:

\(i\) On any frequency removed from the assigned (center) frequency by
more than 50% up to and including 100% of the authorized bandwidth: At
least 25 dB in any 100 kHz reference bandwidth (B~REF~);

\(ii\) On any frequency removed from the assigned (center) frequency by
more than 100% up to and including 250% of the authorized bandwidth: At
least 35 dB in any 100 kHz reference bandwidth;

\(iii\) On any frequency removed from the assigned (center) frequency by
more than 250% of the authorized bandwidth: At least 43+10 log~10~
(P~MEAN~ in watts) dB, or 80 dB, whichever is the lesser attenuation, in
any 100 kHz reference bandwidth.

\(2\) When using transmissions employing digital modulation techniques:

\(i\) For operating frequencies below 15 GHz, in any 4 kHz reference
bandwidth (B~REF~), the center frequency of which is removed from the
assigned frequency by more than 50 percent up to and including 250
percent of the authorized bandwidth: As specified by the following
equation but in no event less than 50 decibels:

A = 35 + 0.8(G ‑ 50) + 10 Log~10~ B.

(Attenuation greater than 80 decibels is not required.)

where:

A = Attenuation (in decibels) below the mean output power level.

G = Percent removed from the carrier frequency.

B = Authorized bandwidth in megahertz.

\(ii\) For operating frequencies above 15 GHz, in any 1 MHz reference
bandwidth (B~REF~), the center frequency of which is removed from the
assigned frequency by more than 50 percent up to and including 250
percent of the authorized bandwidth: As specified by the following
equation but in no event less than 11 decibels:

A = 11 + 0.4(G ‑ 50) + 10 Log~10~ B.

(Attenuation greater than 56 decibels is not required.)

\(iii\) In any 4 kHz reference bandwidth (B~REF~), the center frequency
of which is removed from the assigned frequency by more than 250 percent
of the authorized bandwidth: At least 43 +10 Log~10~ (P~MEAN~ in watts)
decibels, or 80 decibels, whichever is the lesser attenuation.

\(3\) Amplitude Modulation. For vestigial sideband AM video: On any
frequency removed from the center frequency of the authorized band by
more than 50%: at least 50 dB below peak power of the emission.

\(b\) For all emissions not covered in paragraph (a) of this section,
the peak power of emissions shall be attenuated below the peak envelope
transmitter power (P~PEAK~) in accordance with the following schedule:

\(1\) On any frequency 500 Hz inside the channel edge up to and
including 2500 Hz outside the same edge, the following formula will
apply:

A = 29 Log~10~ \[(25/11)\[(D + 2.5 -- (W/2)\]^2^\] dB

(Attenuation greater than 50 decibels is not required.)

Where:

A = Attenuation (in dB) below the peak envelope transmitter power.

D = the displacement frequency (kHz) from the center of the authorized
bandwidth.

W = the channel bandwidth (kHz).

\(2\) On any frequency removed from the channel edge by more than 2500
Hz: At least 43+10 Log~10~ (P~PEAK~ in watts) dB.

\(c\) For purposes of compliance with the emission limitation
requirements of this section:

\(1\) If the transmitter modulates a single carrier, digital modulation
techniques are considered as being employed when digital modulation
occupies 50 percent or more of the total peak frequency deviation of a
transmitted radio frequency carrier. The total peak frequency deviation
will be determined by adding the deviation produced by the digital
modulation signal and the deviation produced by any frequency division
multiplex (FDM) modulation used. The deviation (D) produced by the FDM
signal must be determined in accordance with § 2.202(f) of this chapter.

\(2\) If the transmitter modulates two or more carriers, with at least
one using digital modulation and one using frequency or other analog
modulation, digital modulation techniques are considered as being
employed when the necessary bandwidth of the digital signal(s) is 50
percent or more of the aggregate bandwidth of the system, comprising the
digital necessary bandwidth(s), the analog necessary bandwidth(s), and
any bandwidth(s) between the digital and analog necessary bandwidths. In
this case, the aggregate bandwidth shall be used for the authorized
bandwidth (B) in paragraph (a) of this section, and for purposes of
compliance with the bandwidth limitations in paragraph (g) of this
section and in § 74.602 of this subpart; and the sum of the powers of
the analog and digital signals shall be used for mean transmitter power
(P~MEAN~) in paragraph (a) or the peak envelope transmitter power
(P~PEAK~) in paragraph (b) of this section, and for purposes of
compliance with the power limitations in § 74.636 of this subpart.

\(3\) For demonstrating compliance with the attenuation requirements for
frequency modulation and digital modulation in paragraph (a) of this
section, the resolution bandwidth (B~RES~) of the measuring equipment
used for measurements removed from the center frequency by more than 250
percent of the authorized bandwidth shall be 100 kHz for operating
frequencies below 1 GHz, and 1 MHz for operating frequencies above 1
GHz. The resolution bandwidth for frequencies removed from the center
frequency by less than 250 percent of the authorized bandwidth shall be
the reference bandwidth (B~REF~) specified in the individual emission
limitations, but may be reduced to not less than one percent of the
authorized bandwidth (B), adjusted upward to the nearest greater
resolution bandwidth available on the measuring equipment. In all cases,
if B~RES~ and B~REF~ are not equal, then the attenuation requirement
must be increased (or decreased) as determined by a factor of 10 log~10~
\[(B~REF~ in megahertz)/(B~RES~ in megahertz)\] decibels, where a
positive factor indicates an increase in the attenuation requirement and
a negative factor indicates a decrease in the attenuation requirement.

\(4\) Stations licensed pursuant to an application filed before
**(insert date two years after publication in the Federal Register)**,
using equipment not conforming with the emission limitations specified
above, may continue to operate indefinitely in accordance with the terms
of their current authorizations, subject to periodic renewal. Existing
equipment and equipment of product lines in production before **(insert
date 30 days after publication in the Federal Register),** authorized
via certification or verification before **(insert date two years after
publication in the Federal Register)**, for equipment not conforming to
the emission limitations requirements specified above, may continue to
be manufactured and/or marketed, but may not be authorized for use under
a station license except at stations licensed pursuant to an application
filed before **(insert date two years after publication in the Federal
Register)**. Any non-conforming equipment authorized under a station
license, and replaced on or after **(insert date two years after
publication in the Federal Register),** must be replaced by conforming
equipment.

\* \* \* \* \*

45. Section 74.638 is revised to read as follows:

> **[§ 74.638 Frequency coordination]{.underline}.**

\(a\) Coordination of all frequency assignments for fixed stations in
all bands above 2110 MHz, and for mobile (temporary fixed) stations in
the bands 6425-6525 MHz and 17.7-19.7 GHz, will be in accordance with
the procedure established in paragraph (b) of this section, except that
the prior coordination process for mobile (temporary fixed) assignments
may be completed orally and the period allowed for response to a
coordination notification may be less than 30 days if the parties agree.
Coordination of all frequency assignments for all mobile (temporary
fixed) stations in all bands above 2110 MHz, except the bands 6425-6525
MHz and 17.7-19.7 GHz, will be conducted in accordance with the
procedure established in paragraph (b) of this section or with the
procedure in paragraph (d) of this section. Coordination of all
frequency assignments for all fixed stations in the band 1990-2110 MHz
will be in accordance with the procedure established in paragraph (c) of
this section. Coordination of all frequency assignments for all mobile
(temporary fixed) stations in the band 1990-2110 MHz will be conducted
in accordance with the procedure in paragraph (d) of this section.

\(b\) Frequency coordination for all fixed stations in all bands above
2110 MHz, and for all mobile (temporary fixed) stations in the bands
6425-6525 MHz and 17.7-19.7 GHz. For each frequency authorized under
this part, the interference protection criteria in § 101.105(a), (b),
and (c) of this chapter and the frequency usage coordination procedures
in § 101.103(d) of this chapter will apply, except that only stations in
the bands 6425-6525 MHz and 17.7-19.7 GHz are subject to the provision
in § 101.103(d) requiring compliance with § 101.21(f) of this chapter in
coordinating frequency usage with stations in the fixed satellite
service.

\(c\) Frequency coordination for all fixed stations in the band
1990-2110 MHz. For each frequency authorized under this part, the
following frequency usage coordination procedures will apply:

\(1\) General requirements. Applicants are responsible for selecting the
frequency assignments that are least likely to result in mutual
interference with other licensees in the same area. Applicants may
consult local frequency coordination committees, where they exist, for
information on frequencies available in the area. Proposed frequency
usage must be coordinated with existing licensees and applicants in the
area whose facilities could affect or be affected by the new proposal in
terms of frequency interference on active channels, applied-for
channels, or channels coordinated for future growth. Coordination must
be completed prior to filing an application for regular authorization,
for major amendment to a pending application, or for major modification
to a license.

\(2\) To be acceptable for filing, all applications for regular
authorization, or major amendment to a pending application, or major
modification to a license, must include a certification attesting that
all co-channel and adjacent-channel licensees and applicants potentially
affected by the proposed fixed use of the frequency(ies) have been
notified and are in agreement that the proposed facilities can be
installed without causing harmful interference to those other licensees
and applicants.

\(d\) Frequency coordination for all mobile (temporary fixed) stations
in all bands above 1990 MHz, except the bands 6425-6525 MHz and
17.7-19.7 GHz. For each frequency authorized under this part, applicants
are responsible for selecting the frequency assignments that are least
likely to result in mutual interference with other licensees in the same
area. Applicants may consult local frequency coordination committees,
where they exist, for information on frequencies available in the area.
In selecting frequencies, consideration should be given to the relative
location of receive points, normal transmission paths, and the nature of
the contemplated operation.

46. Section 74.641 is amended by revising the introductory text of
    paragraph (a), removing the line for 31.0 to 31.3 and footnotes 2
    and 3 from the table in paragraph (a)(1), removing the second
    sentence of paragraph (a)(5), and revising the introductory text of
    paragraph (b) to read as follows:

> **[§ 74.641 Antenna systems]{.underline}.**

\(a\) For fixed stations operating above 2025 MHz, the following
standards apply:

\* \* \* \* \*

\(b\) All fixed stations are to use antenna systems in conformance with
the standards of this section. TV auxiliary broadcast stations are
considered to be located in an area subject to frequency congestion and
must employ a Category A antenna when:

\* \* \* \* \*

47. Section 74.643 is revised to read as follows:

> **[§ 74.643 Interference to geostationary‑satellites]{.underline}.**

Applicants and licensees must comply with § 101.145 of this chapter to
minimize the potential of interference to geostationary-satellites.

48. Section 74.644 is amended by revising the table in paragraph (a) and
    paragraph (b) to read as follows:

> **[§ 74.644 Minimum path lengths for fixed links]{.underline}.**

\(a\) \* \* \*

  ----------------------------------- -----------------------------------
  Frequency band (MHz)                Minimum path length (km)

  Below 1,990                         n/a

  1,990 -- 7,125                      17

  12,200 -- 13,250                    5

  Above 17,700                        n/a
  ----------------------------------- -----------------------------------

\(b\) For paths shorter than those specified in the Table, the EIRP
shall not exceed the value derived from the following equation.

EIRP = MAXEIRP -- 40 log(A/B) dBW

Where:

EIRP = The new maximum EIRP (equivalent isotropically radiated power) in
dBW.

MAXEIRP = Maximum EIRP as set forth in the Table in § 74.636 of this
part.

A = Minimum path length from the Table above for the frequency band in
kilometers.

B = The actual path length in kilometers.

NOTES TO PARAGRAPH (b):

\(1\) For transmitters using Automatic Transmitter Power Control, EIRP
corresponds to the maximum transmitter power available, not the
coordinated transmit power or the nominal transmit power.

\(2\) Stations licensed based on an application filed before **(insert
date 30 days after publication in the Federal Register)**, in the
2450-2483.5 MHz band, for EIRP values exceeding those specified above,
may continue to operate indefinitely in accordance with the terms of
their current authorizations, subject to periodic renewal.

\* \* \* \* \*

49. Section 74.651 is amended by revising paragraphs (a) and (b),
    removing paragraphs (c) and (d), and redesignating paragraph (e) as
    new paragraph (c) to read as follows:

> **[§ 74.651 Equipment changes]{.underline}.**

\(a\) Modifications may be made to an existing authorization in
accordance with §§ 1.929 and 1.947 of this chapter.

\(b\) Multiplexing equipment may be installed on any licensed TV
broadcast STL, TV relay or translator relay station without authority
from the Commission.

\* \* \* \* \*

50. Section 74.655 is amended by removing the last sentence of paragraph
    (a).

51. Section 74.661 is amended by revising the table to read as follows:

> **[§ 74.661 Frequency tolerance]{.underline}.**
>
> \* \* \* \* \*

  ----------------------------------- -----------------------------------
  Frequency band (MHz)                Frequency tolerance (%)

  2,025 to 2,110                      0.005^1^

  2,450 to 2,483.5                    0.001^2^

  6,425 to 6,525                      0.005

  6,875 to 7,125                      0.005^1^

  12,700 to 13,250                    0.005^1^

  17,700 to 18,820                    0.003

  18,920 to 19,700                    0.003
  ----------------------------------- -----------------------------------

1.  Television translator relay stations shall maintain a frequency
    tolerance of 0.002%.

2.  Stations licensed pursuant to an application filed before **(insert
    date two years after publication in the Federal Register)**, for
    tolerance values exceeding those specified above, may continue to
    operate indefinitely in accordance with the terms of their current
    authorizations, subject to periodic renewal. Existing equipment and
    equipment of product lines in production before **(insert date 30
    days after publication in the Federal Register),** authorized via
    certification or verification before **(insert date two years after
    publication in the Federal Register)**, for tolerance values
    exceeding those specified above, may continue to be manufactured
    and/or marketed, but may not be authorized for use under station
    license except at stations licensed pursuant to an application filed
    before **(insert date two years after publication in the Federal
    Register)**. Any non-conforming equipment authorized under a station
    license, and replaced on or after **(insert date two years after
    publication in the Federal Register),** must be replaced by
    conforming equipment.

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52. Section 74.801 is amended by adding a definition for Wireless Assist
    Video Device in alphabetical order to read as follows:

> **[§ 74.801 Definitions]{.underline}.**

\* \* \* \* \*

*Wireless Assist Video Device*. An auxiliary station authorized and
operated by motion picture and television program producers pursuant to
the provisions of this subpart. These stations are intended to transmit
over distances of approximately 300 meters for use as an aid in
composing camera shots on motion picture and television sets.

53. Section 74.802 is amended by revising paragraph (b)(3) to read as
    follows:

> **[§ 74.802 Frequency assignment]{.underline}.**

\* \* \* \* \*

\(b\) \* \* \*

\(3\) 470.000‑608.000 MHz and 614.000‑806.000 MHz

All zones 113 km (70 miles)

\* \* \* \* \*

54. Section 74.832 is amended by revising paragraphs (e), (g), and (i)
    to read as follows:

> **[§ 74.832 Licensing requirements and procedures]{.underline}.**

\* \* \* \* \*

\(e\) An application for low power auxiliary stations or for a change in
an existing authorization shall specify the broadcast station, or the
network with which the low power broadcast auxiliary facilities are to
be principally used as given in paragraph (h) of this section; or it
shall specify the motion picture or television production company or the
cable television operator with which the low power broadcast auxiliary
facilities are to be solely used. A single application, filed on FCC
Form 601 may be used in applying for the authority to operate one or
more low power auxiliary units. The application must specify the
frequency bands which will be used. Motion picture producers, television
program producers, and cable television operators are required to attach
a single sheet to their application form explaining in detail the manner
in which the eligibility requirements given in paragraph (a) of this
section are met.

\* \* \* \* \*

\(g\) Low power auxiliary licensees shall specify the maximum number of
units that will be operated.

\* \* \* \* \*

\(i\) In case of permanent discontinuance of operations of a station
licensed under this subpart, the licensee shall cancel the station
license using FCC Form 601. For purposes of this section, a station
which is not operated for a period of one year is considered to have
been permanently discontinued.

\* \* \* \* \*

55. Section 74.833 is amended by revising paragraphs (b) and (c) to read
    as follows:

> **[§ 74.833 Temporary authorizations]{.underline}.**

\* \* \* \* \*

\(b\) A request for special temporary authority for the operation of a
remote pickup broadcast station must be made in accordance with the
procedures of § 1.931(b) of this chapter.

\(c\) All requests for special temporary authority of a low power
auxiliary station must include full particulars including: licensees
name and address, statement of eligibility, facility identification
number of the associated broadcast station (if any), type and
manufacturer of equipment, power output, emission, frequency or
frequencies proposed to be used, commencement and termination date,
location of proposed operation, and purpose for which request is made
including any particular justification.

\* \* \* \* \*

56. A new Section 74.870 is added to read as follows:

> **[§ 74.870 Wireless video assist devices]{.underline}.**

Television Broadcast Auxiliary licensees and motion picture and
television producers, as defined in § 74.801 of this part, may operate
wireless video assist devices on a non‑interference basis on VHF and UHF
television channels to assist with production activities.

\(a\) The use of wireless video assist devices must comply with all
provisions of this subpart, except as indicated in paragraphs (b)
through (i) of this section.

\(b\) Wireless video assist devices may only be used for scheduled
productions. They may not be used to produce live events and may not be
used for electronic news gathering purposes.

\(c\) Wireless video assist devices may operate with a bandwidth not to
exceed 6 MHz on frequencies in the bands 180‑210 MHz (TV channels 8‑12)
and 470‑698 MHz (TV channels 14‑51) subject to the following
restrictions:

\(1\) The bandwidth may only occupy a single TV channel.

\(2\) Operation is prohibited within the 608‑614 MHz (TV channel 37)
band.

\(3\) Operation is prohibited within 129 km of a television broadcasting
station, including Class A television stations, low power television
stations and translator stations.

\(4\) For the area and frequency combinations listed in the table below,
operation is prohibited within the distances indicated from the listed
geographic coordinates.

> Note: All coordinates are referenced to the North American Datum of
> 1983.

+-------------------+---------+----------+--------+-----+-----+-------+
| Area              | North   | West     | Ex     | Ex  |     |       |
|                   |         |          | cluded | clu |     |       |
|                   | l       | l        |        | ded |     |       |
|                   | atitude | ongitude | frequ  | ch  |     |       |
|                   |         |          | encies | ann |     |       |
|                   |         |          |        | els |     |       |
|                   |         |          | (MHz)  |     |     |       |
+===================+=========+==========+========+=====+=====+=======+
|                   |         |          |        | 200 | 128 | 52 km |
|                   |         |          |        | km  | km  |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| Boston, MA        | 42^o^   | 71^o^    | 4      | 14  |     |       |
|                   | 21\'    | 03\'     | 70‑476 |     |     |       |
|                   | 24.4\"  | 23.2\"   |        |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 15  |       |
|                   |         |          | 76‑482 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 16  |     |       |
|                   |         |          | 82‑488 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 17  |       |
|                   |         |          | 88‑494 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| Chicago, IL       | 41^o^   | 87^o^    | 4      | 14  |     |       |
|                   | 52\'    | 38\'     | 70‑476 |     |     |       |
|                   | 28.1\"  | 22.2\"   |        |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 15  |     |       |
|                   |         |          | 76‑482 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 16  |       |
|                   |         |          | 82‑488 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| Cleveland, OH^1^  | 41^o^   | 81^o^    | 4      | 14  |     |       |
|                   | 29\'    | 41\'     | 70‑476 |     |     |       |
|                   | 51.2\"  | 49.5\"   |        |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 15  |       |
|                   |         |          | 76‑482 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 16  |     |       |
|                   |         |          | 82‑488 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 17  |       |
|                   |         |          | 88‑494 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| Dallas/Fort       | 32^o^   | 96^o^    | 4      |     | 15  |       |
| Worth, TX         | 47\'    | 47\'     | 76‑482 |     |     |       |
|                   | 09.5\"  | 38.0\"   |        |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 16  |     |       |
|                   |         |          | 82‑488 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 17  |       |
|                   |         |          | 88‑494 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| Detroit, MI^1^    | 42^o^   | 83^o^    | 4      |     | 14  |       |
|                   | 19\'    | 02\'     | 70‑476 |     |     |       |
|                   | 48.1\"  | 56.7\"   |        |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 15  |     |       |
|                   |         |          | 76‑482 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 16  |       |
|                   |         |          | 82‑488 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 17  |     |       |
|                   |         |          | 88‑494 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| Gulf of Mexico    |         |          | 4      |     |     | 15,   |
|                   |         |          | 76‑494 |     |     | 16,   |
|                   |         |          |        |     |     | 17    |
+-------------------+---------+----------+--------+-----+-----+-------+
| Hawaii            |         |          | 4      |     |     | 17    |
|                   |         |          | 88‑494 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| Houston, TX       | 29^o^   | 95^o^    | 4      |     | 16  |       |
|                   | 45\'    | 21\'     | 82‑488 |     |     |       |
|                   | 26.8\"  | 37.8\"   |        |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 17  |     |       |
|                   |         |          | 88‑494 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 18  |       |
|                   |         |          | 94‑500 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| Los Angeles, CA   | 34^o^   | 118^o^   | 4      | 14  |     |       |
|                   | 03\'    | 14\'     | 70‑476 |     |     |       |
|                   | 15.0\"  | 31.3\"   |        |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 15  |       |
|                   |         |          | 76‑482 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 16  |     |       |
|                   |         |          | 82‑488 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 17  |       |
|                   |         |          | 88‑494 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 5      |     | 19  |       |
|                   |         |          | 00‑506 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 5      | 20  |     |       |
|                   |         |          | 06‑512 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 5      |     | 21  |       |
|                   |         |          | 12‑518 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| Miami, Fl         | 25^o^   | 80^o^    | 4      | 14  |     |       |
|                   | 46\'    | 11\'     | 70‑476 |     |     |       |
|                   | 38.4\"  | 31.2\"   |        |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 15  |       |
|                   |         |          | 76‑482 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| New York/N.E. New | 40^o^   | 73^o^    | 4      | 14  |     |       |
| Jersey            | 45\'    | 59\'     | 70‑476 |     |     |       |
|                   | 06.4\"  | 37.5\"   |        |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 15  |     |       |
|                   |         |          | 76‑482 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 16  |     |       |
|                   |         |          | 82‑488 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 17  |       |
|                   |         |          | 88‑494 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| Philadelphia, PA  | 39^o^   | 75^o^    | 4      |     | 18  |       |
|                   | 56\'    | 09\'     | 94‑500 |     |     |       |
|                   | 58.4\"  | 19.6\"   |        |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 5      | 19  |     |       |
|                   |         |          | 00‑506 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 5      | 20  |     |       |
|                   |         |          | 06‑512 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 5      |     | 21  |       |
|                   |         |          | 12‑518 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| Pittsburgh, PA    | 40^o^   | 79^o^    | 4      | 14  |     |       |
|                   | 26\'    | 59\'     | 70‑476 |     |     |       |
|                   | 19.2\"  | 59.2\"   |        |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 15  |       |
|                   |         |          | 76‑482 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 17  |       |
|                   |         |          | 88‑494 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 18  |     |       |
|                   |         |          | 94‑500 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 5      |     | 19  |       |
|                   |         |          | 00‑506 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| San               | 37^o^   | 122^o^   | 4      |     | 15  |       |
| F                 | 46\'    | 24\'     | 76‑482 |     |     |       |
| rancisco/Oakland, | 38.7\"  | 43.9\"   |        |     |     |       |
| CA                |         |          |        |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 16  |     |       |
|                   |         |          | 82‑488 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 17  |     |       |
|                   |         |          | 88‑494 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      |     | 18  |       |
|                   |         |          | 94‑500 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
| Washington        | 38^o^   | 77^o^    | 4      |     | 16  |       |
| D.C./MD/VA        | 53\'    | 00\'     | 82‑488 |     |     |       |
|                   | 51.4\"  | 31.9\"   |        |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 17  |     |       |
|                   |         |          | 88‑494 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 4      | 18  |     |       |
|                   |         |          | 94‑500 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+
|                   |         |          | 5      |     | 19  |       |
|                   |         |          | 00‑506 |     |     |       |
+-------------------+---------+----------+--------+-----+-----+-------+

> ^1^ The distance separation requirements are not applicable in these
> cities until further order from the Commission.

\(d\) Wireless video assist devices are limited to a maximum of 250
milliwatts ERP and must limit power to that necessary to reliably
receive a signal at a distance of 300 meters. Wireless video assist
devices must comply with the emission limitations of § 74.637 of this
part.

\(e\) The antenna of a wireless video assist device must be attached to
the transmitter either permanently, or by means of a unique connector
designed to allow replacement of authorized antennas but prevent the use
of unauthorized antennas. When transmitting, the antenna must not be
more that 10 meters above ground level.

(f)(1) A license for a wireless video assist device will authorize the
license holder to use all frequencies available for wireless video
assist devices, subject to the limitations specified in this section.

\(2\) Licensees may operate as many wireless video assist devices as
necessary, subject to the notification procedures of this section.

\(g\) *Notification procedure*. Prior to the commencement of
transmitting, licensees must notify the local broadcasting coordinator
of their intent to transmit. If there is no local coordinator in the
intended area of operation, licensees must notify all adjacent channel
TV stations within 161 km (100 mi) of the proposed operating area.

\(1\) Notification must be made at least 10 working days prior to the
date of intended transmission.

\(2\) Notifications must include:

\(A\) Frequency or frequencies.

\(B\) Location.

\(C\) Antenna height.

\(D\) Emission type(s).

\(E\) Effective radiated power.

> \(F\) Intended dates of operation.

\(G\) Licensee contact information.

\(3\) (i) Failure of a local coordinator to respond to a notification
request prior to the intended dates of operation indicated on the
request will be considered as having the approval of the coordinator. In
this case, licensees must in addition notify all co-channel and adjacent
channel TV stations within 161 km (100 mi) of the proposed operating
area. This notification is for information purposes only and will not
enable TV stations to prevent a WAVD from operating, but is intended to
help identify the source of interference if any is experienced after a
WAVD begins operation.

\(ii\) If there is no local coordinator in the intended area of
operation, failure of any adjacent channel TV station to respond to a
notification request prior to the intended dates of operation indicated
on the request will be considered as having the approval of the TV
station.

\(4\) Licensees must operate in a manner consistent with the response of
the local coordinator, or, if there is no local coordinator in the
intended area of operation, the responses of the adjacent channel TV
stations. Disagreements may be appealed to the Commission. However, in
those instances, the licensee will bear the burden of proof and
proceeding to overturn the recommendation of the local coordinator or
the co-channel or adjacent channel TV station.

\(h\) Licenses for wireless video assist devices may not be transferred
or assigned.

\(i\) The product literature that manufacturers include with a wireless
assist video device must contain information regarding the requirement
for users to obtain an FCC license, the requirement that stations must
locate at least 129 kilometers away from a co-channel TV station, the
limited class of users that may operate these devices, the authorized
uses, the need for users to obtain a license, and the requirement that a
local coordinator (or adjacent channel TV stations, if there is no local
coordinator) must be notified prior to operation.

57. Section 74.882 is revised to read as follows:

**[§ 74.882 Station identification]{.underline}.**

\(a\) For transmitters used for voice transmissions and having a
transmitter output power exceeding 50 mW, an announcement shall be made
at the beginning and end of each period of operation at a single
location, over the transmitting unit being operated, identifying the
transmitting unit's call sign or designator, its location, and the call
sign of the broadcasting station or name of the licensee with which it
is being used. A period of operation may consist of a continuous
transmission or intermittent transmissions pertaining to a single event.

\(b\) Each wireless video assist device, when transmitting, must
transmit station identification at the beginning and end of each period
of operation. Identification may be made by transmitting the station
call sign by visual or aural means or by automatic transmission in
international Morse telegraphy.

\(1\) A period of operation is defined as a single uninterrupted
transmission or a series of intermittent transmissions from a single
location.

\(2\) Station identification shall be performed in a manner conducive to
prompt association of the signal source with the responsible licensee.
In exercising the discretion provide by this rule, licensees are
expected too act in a responsible manner to assure that result.

**PART 78 -- CABLE TELEVISION RELAY SERVICE**

58. The authority citation for Part 78 continues to read as follows:

> **AUTHORITY: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
> amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C.
> 152, 153, 154, 301, 303, 307, 308, 309.**

59. Section 78.18 is amended by revising paragraph (l) to read as
    follows:

> **[§ 78.18 Frequency assignments]{.underline}.**
>
> **\* \* \* \* \***

\(l\) 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
assignment of Television Pickup stations on a primary basis. Fixed
stations licensed prior to **(insert date 30 days after date of
publication in the Federal Register)** may continue operation under
their current status on channels in the 13.15 - 13.2125 GHz band,
subject to periodic license renewals.

60. Section 78.36 is revised to read as follows:

> **[§ 78.36 Frequency coordination]{.underline}.**

\(a\) Coordination of all frequency assignments for fixed stations in
all bands above 2110 MHz, and for mobile (temporary fixed) stations in
the bands 6425-6525 MHz and 17.7-19.7 GHz, will be in accordance with
the procedure established in paragraph (b) of this section, except that
the prior coordination process for mobile (temporary fixed) assignments
may be completed orally and the period allowed for response to a
coordination notification may be less than 30 days if the parties agree.
Coordination of all frequency assignments for all mobile (temporary
fixed) stations in all bands above 2110 MHz, except the bands 6425-6525
MHz and 17.7-19.7 GHz, will be conducted in accordance with the
procedure established in paragraph (b) of this section or with the
procedure in paragraph (d) of this section. Coordination of all
frequency assignments for all fixed stations in the band 1990-2110 MHz
will be in accordance with the procedure established in paragraph (c) of
this section. Coordination of all frequency assignments for all mobile
(temporary fixed) stations in the band 1990-2110 MHz will be conducted
in accordance with the procedure in paragraph (d) of this section.

\(b\) Frequency coordination for all fixed stations in all bands above
2110 MHz, and for all mobile (temporary fixed) stations in the bands
6425-6525 MHz and 17.7-19.7 GHz. For each frequency authorized under
this part, the interference protection criteria in § 101.105(a), (b),
and (c) of this chapter and the following frequency usage coordination
procedures will apply:

\(1\) General requirements. Proposed frequency usage must be prior
coordinated with existing licensees, permittees, and applicants in the
area, and other applicants with previously filed applications, whose
facilities could affect or be affected by the new proposal in terms of
frequency interference on active channels, applied-for channels, or
channels coordinated for future growth. Coordination must be completed
prior to filing an application for regular authorization, or a major
amendment to a pending application, or any major modification to a
license. In coordinating frequency usage with stations in the fixed
satellite service, applicants for stations in the bands 6425-6525 MHz
and 17.7-19.7 GHz must also comply with the requirements of § 101.21(f).
In engineering a system or modification thereto, the applicant must, by
appropriate studies and analyses, select sites, transmitters, antennas
and frequencies that will avoid interference in excess of permissible
levels to other users. All applicants and licensees must cooperate fully
and make reasonable efforts to resolve technical problems and conflicts
that may inhibit the most effective and efficient use of the radio
spectrum; however, the party being coordinated with is not obligated to
suggest changes or re-engineer a proposal in cases involving conflicts.
Applicants should make every reasonable effort to avoid blocking the
growth of systems as prior coordinated. The applicant must identify in
the application all entities with which the technical proposal was
coordinated. In the event that technical problems are not resolved, an
explanation must be submitted with the application. Where technical
problems are resolved by an agreement or operating arrangement between
the parties that would require special procedures be taken to reduce the
likelihood of interference in excess of permissible levels (such as the
use of artificial site shielding) or would result in a reduction of
quality or capacity of either system, the details thereof may be
contained in the application.

\(2\) Coordination procedure guidelines are as follows:

\(i\) Coordination involves two separate elements: notification and
response. Both or either may be oral or in written form. To be
acceptable for filing, all applications and major technical amendments
must certify that coordination, including response, has been completed.
The names of the licensees, permittees and applicants with which
coordination was accomplished must be specified. If such notice and/or
response is oral, the party providing such notice or response must
supply written documentation of the communication upon request;

> \(ii\) Notification must include relevant technical details of the
> proposal. At minimum, this should include, as applicable, the
> following:
>
> Applicant\'s name and address.
>
> Transmitting station name.
>
> Transmitting station coordinates.
>
> Frequencies and polarizations to be added, changed or deleted.
>
> Transmitting equipment type, its stability, actual output power,
> emission designator, and type of modulation (loading).
>
> Transmitting antenna type(s), model, gain and, if required, a
> radiation pattern provided or certified by the manufacturer.
>
> Transmitting antenna center line height(s) above ground level and
> ground elevation above mean sea level.
>
> Receiving station name.
>
> Receiving station coordinates.
>
> Receiving antenna type(s), model, gain, and, if required, a radiation
> pattern provided or certified by the manufacturer.
>
> Receiving antenna center line height(s) above ground level and ground
> elevation above mean sea level.
>
> Path azimuth and distance.
>
> Estimated transmitter transmission line loss expressed in dB.
>
> Estimated receiver transmission line loss expressed in dB.
>
> For a system utilizing ATPC, maximum transmit power, coordinated
> transmit power, and nominal transmit power.

Note: The position location of antenna sites shall be determined to an
accuracy of no less than +/-1 second in the horizontal dimensions
(latitude and longitude) and +/-1 meter in the vertical dimension
(ground elevation) with respect to the National Spacial Reference
System.

\(iii\) For transmitters employing digital modulation techniques, the
notification should clearly identify the type of modulation. Upon
request, additional details of the operating characteristics of the
equipment must also be furnished;

\(iv\) Response to notification should be made as quickly as possible,
even if no technical problems are anticipated. Any response to
notification indicating potential interference must specify the
technical details and must be provided to the applicant, in writing,
within the 30-day notification period. Every reasonable effort should be
made by all applicants, permittees and licensees to eliminate all
problems and conflicts. If no response to notification is received
within 30 days, the applicant will be deemed to have made reasonable
efforts to coordinate and may file its application without a response;

\(v\) The 30-day notification period is calculated from the date of
receipt by the applicant, permittee, or licensee being notified. If
notification is by mail, this date may be ascertained by:

\(A\) The return receipt on certified mail;

\(B\) The enclosure of a card to be dated and returned by the recipient;
or

\(C\) A conservative estimate of the time required for the mail to reach
its destination. In the last case, the estimated date when the 30-day
period would expire should be stated in the notification.

\(vi\) An expedited prior coordination period (less than 30 days) may be
requested when deemed necessary by a notifying party. The coordination
notice should be identified as \"expedited\" and the requested response
date should be clearly indicated. However, circumstances preventing a
timely response from the receiving party should be accommodated
accordingly. It is the responsibility of the notifying party to receive
written concurrence (or verbal, with written to follow) from affected
parties or their coordination representatives.

\(vii\) All technical problems that come to light during coordination
must be resolved unless a statement is included with the application to
the effect that the applicant is unable or unwilling to resolve the
conflict and briefly the reason therefore;

\(viii\) Where a number of technical changes become necessary for a
system during the course of coordination, an attempt should be made to
minimize the number of separate notifications for these changes. Where
the changes are incorporated into a completely revised notice, the items
that were changed from the previous notice should be identified. When
changes are not numerous or complex, the party receiving the changed
notification should make an effort to respond in less than 30 days. When
the notifying party believes a shorter response time is reasonable and
appropriate, it may be helpful for that party to so indicate in the
notice and perhaps suggest a response date;

\(ix\) If, after coordination is successfully completed, it is
determined that a subsequent change could have no impact on some parties
receiving the original notification, these parties must be notified of
the change and of the coordinator\'s opinion that no response is
required;

\(x\) Applicants, permittees and licensees should supply to all other
applicants, permittees and licensees within their areas of operations,
the name, address and telephone number of their coordination
representatives. Upon request from coordinating applicants, permittees
and licensees, data and information concerning existing or proposed
facilities and future growth plans in the area of interest should be
furnished unless such request is unreasonable or would impose a
significant burden in compilation;

\(xi\) Parties should keep other parties with whom they are coordinating
advised of changes in plans for facilities previously coordinated. If
applications have not been filed 6 months after coordination was
initiated, parties may assume that such frequency use is no longer
desired unless a second notification has been received within 10 days of
the end of the 6 month period. Renewal notifications are to be sent to
all originally notified parties, even if coordination has not been
successfully completed with those parties; and

\(xii\) Any frequency reserved by a licensee for future use in the bands
subject to this part must be released for use by another licensee,
permittee, or applicant upon a showing by the latter that it requires an
additional frequency and cannot coordinate one that is not reserved for
future use.

\(c\) Frequency coordination for all fixed stations in the band
1990-2110 MHz. For each frequency authorized under this part, the
following frequency usage coordination procedures will apply:

\(1\) General requirements. Applicants are responsible for selecting the
frequency assignments that are least likely to result in mutual
interference with other licensees in the same area. Applicants may
consult local frequency coordination committees, where they exist, for
information on frequencies available in the area. Proposed frequency
usage must be coordinated with existing licensees and applicants in the
area whose facilities could affect or be affected by the new proposal in
terms of frequency interference on active channels, applied-for
channels, or channels coordinated for future growth. Coordination must
be completed prior to filing an application for regular authorization,
for major amendment to a pending application, or for major modification
to a license.

\(2\) To be acceptable for filing, all applications for regular
authorization, or major amendment to a pending application, or major
modification to a license, must include a certification attesting that
all co-channel and adjacent-channel licensees and applicants potentially
affected by the proposed fixed use of the frequency(ies) have been
notified and are in agreement that the proposed facilities can be
installed without causing harmful interference to those other licensees
and applicants.

\(d\) Frequency coordination for all mobile (temporary fixed) stations
in all bands above 1990 MHz, except the bands 6425-6525 MHz and
17.7-19.7 GHz. For each frequency authorized under this part, applicants
are responsible for selecting the frequency assignments that are least
likely to result in mutual interference with other licensees in the same
area. Applicants may consult local frequency coordination committees,
where they exist, for information on frequencies available in the area.
In selecting frequencies, consideration should be given to the relative
location of receive points, normal transmission paths, and the nature of
the contemplated operation.

61. Section 78.101 is amended by revising the entry for 2,025-2,110 MHz
    in the table in paragraph (a) and adding a new paragraph (c) to read
    as follows:

> **[§ 78.101 Power limitations]{.underline}.**

\(a\) \* \* \*

+------------------+--------------------+--------------+--------------+
| Frequency band   | Maximum allowable  | Maximum      |              |
|                  |                    | allowable    |              |
| (MHz)            | transmitter power  | EIRP ^2^     |              |
+------------------+--------------------+--------------+--------------+
|                  | Mobile (W)         | Fixed (dBW)  | Mobile (dBW) |
+------------------+--------------------+--------------+--------------+
| 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 18,800 |                    | +35          |              |
| ^1^              |                    |              |              |
+------------------+--------------------+--------------+--------------+
| 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 **(insert
date 30 days after publication in the Federal Register)**, for EIRP
values exceeding those specified above, may continue to operate
indefinitely in accordance with the terms of their current
authorizations, subject to periodic renewal.

\* \* \* \* \*

\(c\) The EIRP of transmitters that use Automatic Transmitter Power
Control (ATPC) shall not exceed the EIRP specified on the station
authorization. The EIRP of non‑ATPC transmitters shall be maintained as
near as practicable to the EIRP specified on the station authorization.

62. Section 78.103 is amended by removing the entry for 31,000 to 31,300
    from the table in paragraph (e).

63. Section 78.105 is amended by revising the introductory sentence for
    paragraph (a); removing the entries for 31,000 to 31,300 and 38,600
    to 40,000, and Footnotes 2 and 3 from the table in paragraph (a)(1);
    deleting paragraph (a)(4) and redesignating paragraph (a)(5) as
    paragraph (a)(4) to read as follows:

> **[§ 78.105 Antenna systems]{.underline}.**

\(a\) For fixed stations operating in the 12.7-13.2 GHz and 17.7-19.7
GHz bands, the following standards apply:

\* \* \* \* \*

64. Section 78.106 is revised to read as follows:

> **[§ 78.106 Interference to geostationary‑satellites]{.underline}.**

Applicants and licensees must comply with § 101.145 of this chapter to
minimize the potential of interference to geostationary-satellites.

65. Section 78.108 is amended by revising paragraph (b) to read as
    follows:

> **[§ 78.108 Minimum path lengths for fixed links]{.underline}.**

\* \* \* \* \*

\(b\) For paths shorter than those specified in the Table, the EIRP
shall not exceed the value derived from the following equation.

EIRP = MAXEIRP -- 40 log(A/B) dBW

Where:

EIRP = The new maximum EIRP (equivalent isotropically radiated power) in
dBW.

MAXEIRP = Maximum EIRP as set forth in the Table in § 74.636 of this
part.

A = Minimum path length from the Table above for the frequency band in
kilometers.

B = The actual path length in kilometers.

NOTE TO PARAGRAPH (b): For transmitters using Automatic Transmitter
Power Control, EIRP corresponds to the maximum transmitter power
available, not the coordinated transmit power or the nominal transmit
power.

\* \* \* \* \*

66. Section 78.111 is amended by removing the entry for 31,000 to 31,300
    from the table.

**PART 101 - FIXED MICROWAVE SERVICES**

67. The authority citation for Part 101 continues to read as follows:

> **AUTHORITY: 47 U.S.C. 154, 303.**

68. Section 101.113 is amended by revising the column headings and the
    entry for the 12,700-13,250 MHz frequency band in the table in
    paragraph (a) to read as follows:

> **[§ 101.113 Transmitter power limitations]{.underline}.**

\(a\) \* \* \*

  ---------------------------------------- --------------- ---------------
  Frequency band (MHz)                     Maximum         
                                           allowable EIRP  
                                           ^1,\ 2^         

                                           Fixed (dBW)     Mobile (dBW)

  \* \* \* \* \*                           \* \* \* \* \*  \* \* \* \* \*

  12,700-13,200 ^4^                        +50             

  13,200-13,250 ^4^                        +55             

  \* \* \* \* \*                           \* \* \* \* \*  \* \* \* \* \*
  ---------------------------------------- --------------- ---------------

^1^ Per polarization.

^2^ For multiples address operations, see § 101.147. Remote alarm units
that are part of a multiple address central station protection system
are authorized a maximum of 2 watts.

\* \* \* \* \*

^3^ Also see § 101.145.

\* \* \* \* \*

69. Section 101.145 is amended by revising the introductory text to the
    paragraph, the first sentence in paragraph (b), and the first
    sentence in paragraph (c) to read as follows:

> **[§ 101.145 Interference to geostationary‑satellites]{.underline}.**

These limitations are necessary to minimize the probability of harmful
interference to reception in the bands 2655-2690 MHz, 5925-7075 MHz, and
12.7-13.25 GHz on board geostationary-space stations in the
fixed-satellite service.

\* \* \* \* \*

\(b\) 2655 to 2690 MHz and 5925 to 7075 MHz. \* \* \*

\(c\) 12.7 to 13.25 GHz. \* \* \*

\* \* \* \* \*

70. Section 101.803 is amended by revising the first sentence in
    paragraph (b) to read as follows:

> **[§ 101.803 Frequencies]{.underline}.**

\* \* \* \* \*

\(b\) Communications common carriers in the Local Television
Transmission Service may be assigned frequencies listed in §§ 74.602(a),
78.18(a)(6), and 78.18(a)(7) of this chapter to provide service to
television broadcast stations, television broadcast network-entities,
cable system operators, and cable network-entities. \* \* \*

\* \* \* \* \*

71. Section 101.807 is amended by adding a second sentence to read as
    follows:

> **[§ 101.807 Transmitter Power]{.underline}.**

\* \* \* As an exception, operations on frequencies listed in §§
74.602(a), 78.18(a)(6), and 78.18(a)(7) of this chapter are subject to
the power limitations of §§ 74.636 and 78.101(a).

> **APPENDIX B: Final Regulatory Flexibility Analysis**

As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),[^339] an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the *Notice of Propose Rule Making, Revisions to
Broadcast Auxiliary Service Rules in Part 74 and Conforming Technical
Rules for Broadcast Auxiliary Service, Cable Television Relay Service
and Fixed Services in Parts 74, 78 and 101 of the Commission's
Rules*.[^340] The Commission sought written public comment on the
proposals in the *Notice*, including comment on the IRFA. The comments
received are discussed below. This present Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.[^341]

*(A) Need for and Objective of the Report and Order.*

The Report and Order updates the Broadcast Auxiliary Service (BAS) rules
in Part 74 and will permit increased compatibility between Broadcast
Auxiliary Services, the Cable Television Relay Service (CARS), and Fixed
Service Microwave (FS) systems operating on shared spectrum.
Specifically, we permit TV and aural BAS stations to use any available
digital modulation technique in all BAS frequency bands so that BAS
stations can take advantage of the latest developments in technology and
make smooth the transition to digital TV and digital radio; update BAS
emission masks to facilitate the introduction of digital equipment and
to provide consistency with emission masks used in Part 101 of the
rules; modify the equation used by BAS and CARS services for determining
the maximum effective isotropic radiated power (EIRP) for short path
lengths (this change eliminates the steep reduction in EIRP for BAS and
CARS path lengths shorter than the minimum); allow BAS and CARS stations
to use automatic transmit power control (ATPC) in order to facilitate
more efficient spectrum use; update transmitter power rules for BAS and
CARS services to provide EIRP limits for all frequency bands; require TV
BAS and CARS services to prior coordinate their frequency use when using
shared frequency bands to minimize the potential for harmful
interference occurring when a new station begins transmitting. We also
permit "wireless assist video devices" to operate on certain VHF and UHF
TV spectrum, thereby increasing spectrum efficiency and promoting
equipment, which will increase safety at production sites as well as
lower film and television production costs. In addition, we update many
other BAS rules and make minor rule changes to clarify or fix
typographical errors in the existing rules.

*(B) Summary of Significant Issues Raised by Public Comments in Response
to the IRFA.*

In the Notice, the Commission performed an IRFA and asked for comments
that specifically addressed issues raised in the IRFA. No parties filed
comments directly in response to the IRFA. However, commenters made
recommendations regarding channel splitting, and the Commission, in
response, is overlaying narrowband channels in various bands and is
authorizing an effective date for channel splitting in the 950 MHz aural
BAS band.

*(C) Description and Estimate of the Number of Entities Affected to
Which Rules will Apply.*

The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the action taken.[^342] The RFA generally defines the term
"small entity" as having the same meaning as the terms "small business,"
"small organization," and "small governmental jurisdiction."[^343] In
addition, the term "small business" has the same meaning as the term
"small business concern" under the Small Business Act.[^344] A small
business concern is one that: (1) is independently owned and operated;
(2) is not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration
(SBA).[^345] A small organization is generally "any not-for-profit
enterprise which is independently owned and operated and is not dominant
in its field."[^346] Nationwide, as of 1992, there were approximately
275,801 small organizations.[^347] Finally, "small governmental
jurisdiction" generally means "governments of cities, counties, towns,
townships, villages, school districts, or special districts, with a
population of less than 50,000."[^348] As of 1992, there were
approximately 85,006 such jurisdictions in the United States.[^349] This
number includes 38,978 counties, cities, and towns; of these, 37,566, or
96 percent, have populations of fewer than 50,000.[^350] The United
States Bureau of the Census (Census Bureau) estimates that this ratio is
approximately accurate for all governmental entities. Thus, of the
85,006 governmental entities, we estimate that 81,600 (91 percent) are
small entities.

The rules adopted in this *R&O* affect licensees of BAS (Remote Pickup,
aural, and television), CARS, and fixed microwave services.
Additionally, they affect manufacturers of equipment that supports the
BAS.

***Broadcast Auxiliary Service*** (BAS) involves a variety of
transmitters, generally used to relay broadcast programming to the
public (through translator and booster stations) or within the program
distribution chain (from a remote news gathering unit back to the
stations). The Commission has not developed a definition of small
entities specific to broadcast auxiliary licensees. The U.S. Small
Business Administration (SBA) has developed small business size
standards, as follows: 1) For TV BAS, we will use the size standard for
Television Broadcasting, which consists of all such companies having
annual receipts of no more than \$12.0 million;[^351] 2) For Aural BAS,
we will use the size standard for Radio Stations, which consists of all
such companies having annual receipts of no more than \$6 million;[^352]
3) For Remote Pickup BAS we will use the small business size standard
for Television Broadcasting when used by a TV station and that for Radio
Stations when used by such a station.

According to Census Bureau data for 1997, there were 906 Television
Broadcasting firms, total that operated for the entire year.[^353] Of
this total, 734 firms had annual receipts of \$9,999,999.00 or less and
an additional 71 had receipts of \$10 million to \$24,999,999.00.[^354]
Thus, under this standard, the majority of firms can be considered
small.

According to Census Bureau data for 1997, there were 4,476 Radio
Stations (firms), total, that operated for the entire year.[^355] Of
this total 4,265 had annual receipts of \$4,999,999.00 or less, and an
additional 103 firms had receipts of \$5 million to
\$9,999,999.00.[^356] Thus, under this standard, the great majority of
firms can be considered small.

***Cable Antenna Relay Service*** (CARS) includes transmitters generally
used to relay cable programming within cable television system
distribution systems. The SBA has developed a small business size
standard for Cable and other Program Distribution, which consists of all
such companies having annual receipts of no more than \$12.5
million.[^357] According to Census Bureau data for 1997, there were
1,311 firms within the industry category Cable and Other Program
Distribution, total, that operated for the entire year.[^358] Of this
total, 1,180 firms had annual receipts of \$9,999,999.00 or less, and an
additional 52 firms had receipts of \$10 million to
\$24,999,999.00.[^359] Thus, under this standard, the majority of firms
can be considered small.

***Fixed Microwave Services*** (FS) includes common carrier,
private-operational fixed, and broadcast auxiliary radio services.
Presently there are approximately 22,015 common carrier fixed licensees
and 61,670 private operational-fixed licensees and broadcast auxiliary
radio licensees in the microwave services. The SBA has developed a small
business size standard for Cellular and other Wireless
Telecommunications, which consists of all such companies having 1,500 or
fewer employees.[^360] According to Census Bureau data for 1997, there
were 977 firms in this category, total, that operated for the entire
year.[^361] Of this total, 965 firms had employment of 999 or fewer
employees, and an additional 12 had employment of 1,000 employees or
more.[^362] Thus, under this standard, virtually all firms can be
considered small.

*(D) Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements for Small Entities.*

Under the rules adopted in this *R&O*, there are changes to reporting,
recordkeeping, and other compliance requirements. In many cases, these
changes streamline the existing licensing process or provide additional
flexibility to licensees and applicants. Many of the proposed changes
are related to the use of the Universal Licensing System (ULS) by BAS
applicants and licensees. Applicants for BAS stations must apply through
the Wireless Telecommunications Bureau using the ULS, which was adopted
by *Report and Order* in 1998. To comply with this system, our decisions
in this *R&O* are consistent with the decisions reached in that *Report
and Order*. Accordingly, we have eliminated requests made by letter if
there is a standard application form that can be used instead, modified
the rules defining major and minor changes to those used for fixed
microwave systems, and eliminated the need to report transmitter output
power and requiring that all stations comply with limits on effective
isotropic radiated power. We also have changed the period of
construction for a BAS station from the currently used three years to
eighteen months, consistent with the period used for fixed microwave
stations.

Additionally, we have conformed some of the rules that affect frequency
bands that are shared among BAS licensees (Part 74), CARS licensees
(Part 78), and fixed microwave licensees (Part 101). Specifically, we
have updated the rules that protect interference to geostationary
satellites from receiving harmful interference from fixed stations to
those currently listed in the ITU International Radio Regulations. The
effect of this update is to expand the number of frequency bands to
which these rules apply. We also have adopted for BAS equipment,
emission limitations that are consistent with those already being used
for fixed microwave stations. We also are generally requiring that all
BAS applicants for fixed stations operating above 944 MHz comply with
the same frequency coordination guidelines in place for fixed microwave
stations.

Further changes entail providing technical guidelines for TV
studio‑to‑transmitter links and TV relay stations that operate on UHF‑TV
channels. These guidelines have always been imposed, but never codified.
Also, with respect to BAS Remote Pickup stations, we are altering their
channel plan to be consistent with the same channel spacing requirements
as are used for Private Land Mobile Radio stations in Part 90 of our
rules. Finally, as noted, we have allowed a new type of device to
operate on certain VHF and UHF TV channels, wireless assist video
devices. These devices will follow the existing service rules for Low
Power Auxiliary Stations, with minor exceptions.[^363]

*(E) Steps Taken to Minimize the Significant Economic Impact on Small
Entities and Significant Alternatives Considered.*

The RFA requires an agency to describe any significant alternatives that
it has considered in reaching its proposed approach, which may include
the following four alternatives (among others): (1) the establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use of
performance, rather than design, standards; and (4) an exemption from
coverage of the rule, or any part thereof, for small entities.[^364]

We have reduced burdens wherever possible. Our rules regarding the BAS
would reduce burdens on small entities. First, we have simplified and
expanded the opportunity for aural and TV BAS licensees to use digital
modulation techniques in all of their allocated frequency bands.
Currently, they can use these techniques only in a few bands and must
file waiver requests and requests for special temporary authority (STA)
to transmit digital signals in other bands. Our rules eliminate the need
for these waivers and STAs, thus saving businesses the time it takes to
prepare these requests and their associated filing fees. Second, we have
altered the equation used to determine the allowable EIRP for short path
lengths. Under our new rules, there will no longer be a large drop‑off
in allowable EIRP when the path length of a fixed station is slightly
shorter than the minimum necessary for maximum power. The effect of this
is to provide more flexibility in the way small entities design their
systems. Because they will be able to use fewer sites, this has the
effect of a reduction in the cost of a system. Third, we have allowed
automatic transmit power control (ATPC). ATPC benefits small entities by
reducing outages to digital receivers and expanding battery life. Both
of these effects benefit small businesses by making their systems more
reliable.

Many of our rule amendments and their benefits stem from the use of the
ULS for application filing. This system, by providing for electronic
filing on standardized forms, benefits small entities in several ways.
Applicants can submit applications to the Commission as soon as they
have the necessary information on‑hand, and they receive instant
feedback as to the correctness of that application because ULS will not
accept the application for filing unless it is correct. If there are
errors, ULS provided error messages so that the application can be
corrected and resubmitted. Also, the system makes extensive use of
electronic processing, so that many of the tasks that were done by hand
are now done by computer. The overall effect is that applications are
processed faster and licenses are issued sooner, thus allowing small
entities to begin providing service in a more timely manner.

We have also adopted rule amendments that conform rules for similar
services that share spectrum. These are TV BAS, CARS, and the fixed
microwave service. As a whole, these amendments reduce burdens to small
entities because many of these entities have licenses in each of these
rule parts, but must currently contend with different rules in each
part. Thus, small entities will benefit because they will, in many
instances, be able to comply with a common set of rules for their
systems, which operate in any of the named services.

Additionally, we have adopted many other rule changes that will benefit
small entities. We are requiring that fixed BAS systems prior coordinate
their frequency use, which will ensure that systems operate in a manner
that minimizes the potential of causing interference. This protects the
new system from possibly being shut down due to causing interference and
protects the existing system from suffering a service disruption from
receiving interference. Both of these results will benefit small
entities operating in the BAS service. Along with the frequency
coordination requirement, we have extended the ability to operate under
temporary conditional authority to all BAS frequency bands. This
benefits small entities by allowing them to begin operating sooner.
Further, we have extended the reach of the short‑term operation rule to
all entities eligible for a BAS license. This benefits small entities
because many would not need to obtain additional licenses from the
Commission to provide limited service a few times a year in areas in
which they do not traditionally operate. Such a change saves small
entities the time and money that they would otherwise expend obtaining a
license. Another change entails the Commission establishing technical
requirements for operating TV STLs or TV relay stations on UHF‑TV
channels. This change permits applicants to know the requirements they
must meet before applying for a license, thereby reducing the number or
applications that must be returned by the Commission. Thus, small
entities will benefit by having to respond to returned applications less
often. We have also altered the channel plan for Remote Pickup BAS to
conform to the channel plan adopted for PLMR services. Unless the same
technical criteria are used for both services, different radios must be
developed. Thus, our rules change will benefit small entities by
lowering equipment costs. Finally, we have permitted motion picture and
television producers to operate new wireless assist video devices on
certain unused VHF and UHF TV channels. This will benefit small entities
by providing a more cost effective means for producers to monitor
multiple camera angles when producing program material.

The regulatory burdens we have retained, such as filing applications on
appropriate forms, are necessary to ensure that the public receives the
benefits of new and existing services in a prompt and efficient manner.
We also considered revising the burden of frequency coordination for
fixed BAS systems, but found that this alternative would unnecessarily
increase the potential of harmful interference. However, under our
frequency coordination procedures, entities may self coordinate rather
than paying a frequency coordinator. We will continue to examine
alternatives in the future with the objectives of eliminating
unnecessary regulations and minimizing significant economic impact on
small entities.

*F) Report to Congress.*

The Commission will send a copy of the Report and Order, including this
FRFA, in a report to be sent to Congress pursuant to the Congressional
Review Act,[^365] In addition, the Commission will send a copy of the
Report and Order, including this FRFA, to the Chief Counsel for Advocacy
of the SBA. A copy of the Report and Order and FRFA (or summaries
thereof) will be also be published in the Federal Register.[^366]

**APPENDIX C: COMMENTING PARTIES**

**[Comments]{.underline}**

Alliance of Motion Picture and Television Producers

Association for Maximum Service Television, Inc. and the National
Association of Broadcasters

Association of America's Public Television Stations and the Public
Broadcasting Service

Comsearch

Globalstar USA, Inc. and Globalstar, L.P.

Microwave Radio Communications, LLC

National Spectrum Managers Association

Society of Broadcast Engineers, Inc.

Winstar Communications, Inc.

**[Reply Comments]{.underline}**

Alliance of Motion Picture and Television Producers

Comsearch

KNME-TV

Microwave Radio Communications, LLC

National Spectrum Managers Association

National Telecommunications and Information Administration

Red River Broadcast Co. LLC and KQDS Acquisition Corp.

Shure Incorporated

Society of Broadcast Engineers, Inc.

Telecommunications Industry Association

Viacom, Inc.

**[*Ex Parte* Presentations and Filings]{.underline}**

Microwave Radio Communications, LLC

National Translator Association

Society of Broadcast Engineers, Inc.

[^1]: CARS stations are point‑to‑point or point‑to‑multipoint microwave
    systems used by cable and Multichannel Multipoint Distribution
    Service (wireless cable) operators to receive signals from remote
    locations. Alternatively, CARS can also be used for distribution of
    programming to microwave hubs where it may be physically impossible
    or too expensive to run cable to these hubs. CARS stations cannot be
    used to directly distribute programming to subscribers and can
    operate on the following shared frequency bands: 1990‑2110 MHz
    (mobile only), 6425‑6525 MHz (mobile only), 6875‑7125 MHz (mobile
    only), 12.70‑13.20 GHz, and 17.70‑19.70 GHz.

[^2]: For example, the 13,200‑13,250 MHz band is shared by common
    carrier and private point‑to‑point operations -- as well as the
    local television transmission service -- in Part 101, TV BAS
    operations in Part 74, and CARS operations in Part 78. *See* 47
    C.F.R. §§ 74.602, 78.18, and 101.147. In all cases, the maximum
    authorized bandwidth is 25 MHz. *See* 47 C.F.R. §§ 74.637, 78.103,
    and 101.109. Other technical rules, such as EIRP on short paths,
    differ among the services. This action will align certain technical
    requirements for these services. *See, e.g.,* 47 C.F.R. §§ 74.644,
    78.108, and 101.143.

[^3]: Revisions to Broadcast Auxiliary Service Rules in Part 74 and
    Conforming Technical Rules for Broadcast Auxiliary Service, Cable
    Television Relay Service and Fixed Services in Parts 74, 78 and 101
    of the Commission's Rules, *Notice of Proposed Rule Making*, ET
    Docket No. 01-75, 16 FCC Rcd 10556 (2001).

[^4]: *See* TIA Petition, RM-9418, filed March 5, 1998. We note that the
    changes sought by TIA for the 23 GHz band have been considered in a
    separate proceeding. *See* Amendment of Part 101 of the Commission's
    Rules to Streamline Processing of Microwave Applications in the
    Wireless Telecommunications Services, Telecommunications Industry
    Association Petition for Rulemaking, *Report and Order*, WT Docket
    No. 00-19 and RM-9418, (FCC 02-218) (rel. July 31, 2002) at ¶¶
    52-77.

[^5]: *See* AMPTP Petition, RM-9856, filed November 15, 1999.

[^6]: Commenting parties are listed in Appendix B. Comments to the
    *Notice* were originally due by June 25, 2001 and reply comments
    were originally due by July 23, 2001. However, those deadlines were
    extended until July 9, 2001 and August 7, 2001, respectively. *See
    Order Granting Extension of Time*, ET Docket No. 01-75, 16 FCC Rcd
    12656 (2001).

[^7]: SBE Comments at 1; APTS/PBS Comments at 2, 9; MSTV/NAB Comments at
    2-3.

[^8]: Currently, there are approximately 500 pending waiver requests for
    use of digital modulation in the 2 GHz, 7 GHz, and 13 GHz bands on
    file at the Commission. In general, the Commission's Wireless
    Telecommunications Bureau (WTB) has been issuing Special Temporary
    Authority (STA) to stations to permit them to transmit with digital
    modulation in these bands.

[^9]: Notice at ¶ 11.

[^10]: *Id*. at ¶ 12.

[^11]: *See* SBE Comments at 1-2; Comsearch Comments at 2; APTS/PBS
    Comments at 2; MSTV/NAB Comments at 3; Red River Reply Comments at
    1; TIA Reply Comments at 2; Viacom Reply Comments at 5.

[^12]: SBE Comments at 1.

[^13]: *Id*. at 2-3.

[^14]: *Id*. at 3.

[^15]: MSTV/NAB Comments at 4.

[^16]: *Id*. at 5. The Commission is considering various options for
    alternative uses and new allocations in portions of the 1990-2025
    MHz band used by the Mobile Satellite Service (MSS), previously
    allocated to TV BAS. For example, in IB Docket No. 01-185, we are
    seeking comment on proposals that would allow MSS licensees to
    provide ancillary terrestrial component (ATC) operations in the
    1990-2025 MHz MSS band. In ET Docket No. 00-258, we are seeking
    comment on proposals to support the introduction of new advanced
    wireless services, including Third Generation (3-G) wireless systems
    in spectrum below 3 GHz, including some of the MSS spectrum in the
    1990-2025 MHz band. In WT Docket No. 02-55, we are exploring various
    options to improve public safety communications in the 800 MHz band
    that could include relocating incumbent 800 MHz services to the
    current MSS allocation in the 1990-2025 MHz band. In this
    connection, we recently suspended for one year, until September 6,
    2003, the expiration date for the initial two-year mandatory
    negotiation period for Phase 1 of the 2 GHz band relocation plan
    between MSS and BAS. *See* Amendment of Section 2.106 of the
    Commission's Rules to Allocate Spectrum at 2 GHz for Use by the
    Mobile-Satellite Service, *Order*, ET Docket No. 95-18, 67 FR 53754
    (rel. Aug. 19, 2002).

[^17]: Comsearch Comments at 2.

[^18]: MRC Comments at 8.

[^19]: SBE Comments at 3, 4 and 27. SBE would exempt from automatic
    identification low power, size/weight critical applications until
    those applications would not be burdened by compliance. *Id*. at
    3-4. *See also* Viacom Reply Comments at 5.

[^20]: We note that station identification is required for remote pickup
    BAS stations, aural BAS stations, TV BAS stations with output power
    of one watt or more, and low power auxiliary stations with output
    power exceeding 50 milliwatts. *See* Sections 74.482, 74.582,
    74.682, and 74.882. 47 C.F.R. §§ 74.482, 74.582, 74.682, and 74.882.

[^21]: 47 C.F.R. §§ 74.535 and 74.637.

[^22]: Generally, these are the applications previously filed with the
    WTB seeking a waiver of the rules to allow the use of digital
    modulation in the 2 GHz, 7 GHz, and 13 GHz bands.

[^23]: Current BAS rules encourage local coordination procedures, except
    in the 6425-6525 MHz and 17.7-19.7 GHz bands shared with FS
    operations, where the procedures set forth in Section 101.103(d),
    commonly referred to as "prior coordination procedures," are
    required for both services prior to the filing of an application,
    and in the 12.7-13.25 GHz band, where an engineering study must be
    conducted prior to the filing of an application. *See* 47 C.F.R. §§
    74.502(c), 74.503(a), 74.604(a), 74.638, and 101.103(d). Local
    coordination procedures are not defined in the rules, but rather,
    Sections 74.503(a) and 74.604(a) place the responsibility for
    frequency selection to avoid interference on applicants, encouraging
    the use of local BAS coordinators or coordination committees where
    they exist, and no evidence of the accomplishment of frequency
    coordination is required to be submitted with the license
    application. This process is collectively referred to as "local
    frequency coordination" or as "local coordination procedures" Prior
    coordination procedures in Section 101.103(d) require formal
    notification to and response from all potentially affected
    licensees/applicants prior to filing an application and the
    submission of a certification of completion of notification and
    response, and a list of licensees/applicants notified, with the
    application. As detailed in Section III.A.7 below, this *Report and
    Order* adopts prior coordination procedures for all fixed BAS
    operations except in the 1990-2110 MHz band, where local
    coordination procedures will remain in effect. We address the need
    for frequency coordination for applications for digital or
    analog/digital operation filed under new frequency coordination and
    major/minor classification rules in Sections III.A.4 and III.C.2
    below.

[^24]: EIRP is the product of the power supplied to the antenna and the
    antenna gain. The power supplied to the antenna is the transmitter
    output power minus some line loss due to the transmission of the
    signal from the transmitter to the antenna.

[^25]: 47 C.F.R. § 74.636.

[^26]: 47 C.F.R. § 74.644. We will refer to the minimum path length for
    which maximum EIRP will be authorized simply as minimum path length.
    We note, however, that this discussion concerns the accommodation of
    path lengths that are shorter than the minimum path length.

[^27]: 47 C.F.R. § 74.644(b). The equation specified in the rules is
    EIRP = 30 -- 20 log(A/B) dBW; where A is the minimum path length
    specified in paragraph (a) of this section and B is the actual path
    length in kilometers.

[^28]: *See* *TIA Petition* at A.28.

[^29]: *See* In The Matter Of Reorganization And Revision Of Parts 1, 2,
    21, And 94 Of The Rules To Establish A New Part 101 Governing
    Terrestrial Microwave Fixed Radio Services, WT Docket No. 94‑148,
    *Report and Order*, 11 FCC Rcd 13449 (1996) (*Part 101 Order*). The
    equation adopted in that action is EIRP = MAXEIRP -- 40 log (A/B);
    where MAXEIRP is the maximum allowable EIRP, A is the minimum path
    length specified in the rules, and B is the actual path length in
    kilometers.

[^30]: 47 C.F.R. § 101.143.

[^31]: *Notice* at ¶ 16.

[^32]: *Id*. at ¶ 17.

[^33]: *See* SBE Comments at 4-5; Comsearch Comments at 2-3; APTS/PBS
    Comments at 3; MSTV/NAB Comments at 6; MRC Comments at 7; TIA Reply
    Comments at 2.

[^34]: SBE Comments at 4-5; MRC Comments at 7.

[^35]: Section 74.601 defines a TV STL station (studio-transmitter link)
    as a fixed station used for the transmission of TV program material
    and related communications from the studio to the transmitter of a
    TV broadcast, Class A TV, or low power TV station, or for other
    purposes as authorized in § 74.631. Section 74.601 defines a TV
    relay station as a fixed station used for transmission of TV program
    material and related communications for use by TV broadcast, Class A
    TV, and low power TV stations, of for other purposes as authorized
    in § 74.631. 47 C.F.R. § 74.601.

[^36]: MRC Comments at 7.

[^37]: Sections 74.644(c) and 78.108(c) state that upon appropriate
    technical showing, applicants and licensees unable to meet the
    minimum path length requirement may be granted an exception to the
    EIRP reduction requirements. *See* 47 C.F.R. §§ 74.644(c),
    78.108(c). For example, operation through a passive repeater, where
    the path of the transmitted signal comprises two segments, one
    before and one after the repeater, may necessitate that the EIRP on
    a shorter first segment be elevated to ensure that the signal will,
    after propagating over both segments, be sufficient for reliable
    reception at the final receive antenna.

[^38]: 47 C.F.R. § 1.929.

[^39]: 47 C.F.R. §§ 74.534, 74.636. We note that it is common for a
    single transmitter to be certificated for use in Parts 74, 78, and
    101 and Sections 74.534 and 74.636.

[^40]: 47 C.F.R. §§ 74.636 and 74.534. For example, Section 74.636
    specifies a maximum allowable transmitter power of 20.0 watts for
    fixed TV BAS operations in the 1990‑2110 MHz band, but does not
    specify a maximum allowable EIRP. In contrast, this rule Section
    specifies a maximum allowable output power of 20 watts and a maximum
    allowable EIRP of 55 dBW for fixed TV BAS operations in the
    6875‑7125 MHz band.

[^41]: *Notice* at ¶¶ 18-24.

[^42]: *See* APTS/PBS Comments at 3; MSTV/NAB Comments at 6; MRC
    Comments at 8; TIA Reply Comments at 3.

[^43]: Comsearch Comments at 3-4. Comsearch explains that multichannel
    video systems typically use much lower EIRP levels than single
    channel transmission systems because of linearity issues within the
    transmission system.

[^44]: MRC Comments at 8.

[^45]: Globalstar Comments at 3.

[^46]: SBE Comments at 5-6.

[^47]: SBE Reply Comments at 4. *See also* In the Matter of Amendment of
    the Commission's Rules to Allocate Spectrum for, and to Establish
    other Rules and Policies Pertaining to, a Radiodetermination
    Satellite Service, FCC 85-388, Gen. Docket No. 84-689, RM-4426;
    Policies and Procedures for Licensing of Space and Earth Stations in
    the Radiodetermination Satellite Service, Gen. Docket No. 84-690;
    Application of Geostar Corporation For Authority to Construct,
    Launch and Operate Space Stations in the Radiodetermination
    Satellite Service, File Nos. 2191-DSS-P/L-83, 2192-DSS-P/L-83,
    2193-DSS-P/L-83, 2194-DSS-P/L-83; a Request to Allocate the
    1606.8-1613.8 MHz band on a Primary Basis to the Radio Astronomy
    Service, RM-4839; *Report and Order*, 50 FR 39101 (Sep. 27, 1985),
    at ¶¶ 18-19.

[^48]: *See* 47 C.F.R. § 101.147(a), note 22 which prohibits new
    permanent fixed point-to-point facilities in the 12.7-13.2 GHz band.

[^49]: 47 C.F.R. 101.803(b).

[^50]: We will also update the references in Section 101.803(b) to
    Sections 78.18(a)(7) and (a)(8), to conform with their redesignation
    as Sections 78.18(a)(6) and (a)(7). *See* In the Matter of
    Rulemaking to Amend Parts 1, 2, 21, and 25 of the Commission's Rules
    to Redesignate the 27.5-29.5 GHz Frequency Band, to Reallocate the
    29.5-30.0 GHz Frequency Band, to Establish Rules and Policies for
    Local Multipoint Distribution Service and for Fixed Satellite
    Services, *Second Report and Order, Order or Reconsideration, and
    Fifth Notice of Proposed Rulemaking*, CC Docket No. 92-297, 12 FCC
    Rcd 12545 (FCC 97-82) (1997), at ¶ 104 and Appendix A, Final Rules.

[^51]: 47 C.F.R. § 2.106.

[^52]: 47 C.F.R. §§ 74.462, 74.535, 74.637, 78.103, and 101.111.

[^53]: We note that it is common for a single transmitter to be
    certificated for use in Parts 74, 78, and 101.

[^54]: The FM emission mask specified in Sections 74.637(a) and
    74.637(c)(1) differs slightly in the attenuation schedules they
    specify. The emission mask of paragraph (a) specifies attenuations
    of 25 dB, 35 dB, and 43+10 Log(Power) dB on frequencies removed from
    the assigned frequency by more than 50% and up to 100%, by more than
    100% and up to 150%, and by more than 150%, respectively. The
    emission mask of paragraph (c)(1) specifies the same attenuations,
    but the corresponding frequencies on which they apply are those
    removed from the assigned frequency by more than 50% and up to 100%,
    by more than 100% and up to 250%, and by more than 250%,
    respectively. Also, the emission mask of paragraph (c)(1) specifies
    that attenuations of greater than 80 dB are not required.

[^55]: *Notice* at ¶¶ 27-32.

[^56]: For example, as TV stations transition to DTV, they generally
    will maintain their existing analog station until such time that the
    DTV transition is complete. During the transition, these stations
    may transmit both analog and digital signals from remote locations
    back to the studio and over STLs, and these two signals may be
    multiplexed and transmitted over a common channel simultaneously.

[^57]: 47 C.F.R. § 101.141(b).

[^58]: Notice at ¶ 31.

[^59]: *Id*. at ¶ 32.

[^60]: APTS/PBS Comments at 4.

[^61]: MSTV/NAB Comments at 7.

[^62]: Red River Comments at 1-1.

[^63]: MRC's composite radio is sold as the TwinStream radio. This radio
    uses two separate carriers -- one to transmit an analog NTSC signal
    (approximately 15 megahertz bandwidth) and one to transmit a digital
    ATSC signal (approximately 7.5 megahertz bandwidth). These carriers
    are offset from the center frequency of the channel and the analog
    and digital signals are transmitted side-by-side. *See* MRC Comments
    at 4-5; MRC Reply Comments at 3-4; MRC *Ex Parte* filing of April 3,
    2002, at 2-5; and MRC *Ex Parte* filing of April 18, 2002, at 2.

[^64]: The analog signal is approximately 15 megahertz wide and the
    channel is 25 megahertz wide; 15/25 = 0.6.

[^65]: MRC contends, however, that the analog and digital portions of
    the TwinStream composite signal individually meet the existing FM
    (Section 74.637(a)) and digital (Section 101.111(a)(2)) emission
    masks. *See* MRC *Ex Parte* filing of April 3, 2002, at 2; MRC *Ex
    Parte* filing of April 18, 2002, at 2.

[^66]: MRC *Ex Parte* filing of April 3, 2002, at 5.

[^67]: Coded Orthogonal Frequency Division Multiplexing (COFDM) is a
    modulation scheme that divides a single digital signal across 1,000
    or more signal carriers simultaneously (FDM). The signals are coded
    to take advantage of forward error correction techniques and are
    spaced at precise frequencies which prevents the demodulators from
    seeing frequencies other than their own (hence, orthogonal) so they
    do not interfere with each other.

[^68]: Intermodulation is the production of frequencies corresponding to
    the sum and difference frequencies of the fundamentals and/or
    harmonics which occurs when the frequencies are mixed in a nonlinear
    element of a system. Intermodulation products are characterized by
    their order, where the nth order products are generated by n
    iterations of frequencies. For example, for frequencies f1 and f2,
    the 2^nd^ order products are: f2 +f1 and f2 - f1; and the 3^rd^
    order products are: 2f2 + f1, 2f2-f1, 2f1 + f2, and 2f1 - f2. In the
    case of COFDM, these intermodulation products could be generated due
    to interactions between any of the many carrier (fundamental)
    frequencies being used. Because each carrier must be located within
    the limits of the emission mask, 3^rd^ order products may fall
    either within the emission mask or just outside of it. For example,
    if f2 is a frequency near the upper end of the emission mask, a
    3^rd^ order product of 2f2 -- f1 is a higher frequency than f2 and
    may be outside of the emission mask.

[^69]: MRC *Ex Parte* filing of April 18, 2002, at 3.

[^70]: *Id*.

[^71]: APTS/PBS Comments at 4.

[^72]: *See* 47 C.F.R. § 2.201. Emissions are designated according to
    their classification and necessary bandwidth. A minimum of three
    symbols are used to describe the basic characteristics of the radio
    emission. The first symbol designates the type of modulation. For
    example, "F" is used for frequency modulation. The second symbol
    designates the nature of the signal modulating the main carrier. For
    example, "7" is used for two or more channels containing quantized
    or digital information. The third symbol designates the type of
    information to be transmitted. For example, "F" is used for
    television (video) information. In the case above, the emission type
    F9W refers to modulation where the main carrier is frequency
    modulated, indicated by "F" as the first symbol; the signal
    modulating the main carrier is a composite of one or more channels
    containing quantized or digital modulation, together with one or
    more channels containing analog information, indicated by "9" as the
    second symbol; and the type of information being transmitted is a
    combination of data, telephony (including sound broadcasting),
    and/or television (video), indicated by "W" in the third symbol.

[^73]: MRC Reply Comments at 2-3.

[^74]: SBE Comments at 6-7.

[^75]: MRC Comments at 4-5.

[^76]: This is consistent with the grandfather provisions adopted in WT
    Docket No. 00-19 where the digital emission mask was modified. *See*
    Amendment of Part 101 of the Commission's Rules to Streamline
    Processing of Microwave Applications in the Wireless
    Telecommunications Services, Telecommunications Industry Association
    Petition for Rulemaking, *Report and Order*, WT Docket No. 00-19 and
    RM-9418, (FCC 02-218) (rel. July 31, 2002) at ¶ 48.

[^77]: For purposes of this discussion, we will refer to a system that
    frequency modulates a single RF carrier with digital and analog
    signals frequency-division-multiplexed in its baseband, resulting in
    a single distinct, symmetrical FM emission, as a "hybrid"
    analog/digital (or digital/analog) system. We will refer to a system
    that modulates two separate RF carriers with analog and digital
    signals resulting in two distinct emissions, one analog and the
    other digital, as a "composite" dual channel analog/digital (or
    digital/analog) system.

[^78]: This method is suggested by MRC's calculation that their
    composite signal as 68% analog. *See* MRC Comments at 4; MRC *Ex
    Parte* Filing of April 3, 2002, at 2-5.

[^79]: For example, a composite dual channel system comprising an analog
    channel of output power 27 dBm and a digital channel of output power
    33 dBm would specify its aggregate output power as 34 dBm,
    representing the sum of the two powers.

[^80]: *See, e.g.,* MRC Reply Comments at 2-3. MRC provides C/I ratios
    required to protect MRC's composite dual channel analog/digital
    system from like systems and analog FM systems.

[^81]: For example, a composite dual channel system comprising an analog
    channel of necessary bandwidth 17 MHz and a digital channel of
    necessary bandwidth 7 MHz, with a 1 MHz band separating the two
    channels, would specify its aggregate necessary bandwidth as 25 MHz,
    representing the sum of the bandwidths, *i.e.*, the bandwidth from
    the outer edge of the analog necessary bandwidth to the outer edge
    of the digital necessary bandwidth. The digital percentage of such a
    system would be calculated as the ratio of the system's digital
    necessary bandwidth, 7 MHz, divided by its aggregate necessary
    bandwidth, 25 MHz, or 7/25 \* 100% = 28%. Since this system would be
    less than 50% digital, it would be subject to the FM emission mask,
    not the digital emission mask.

[^82]: The appropriate emission type will always contain a "9" as the
    second symbol.

[^83]: For example, to modify from an analog FM video operation to a
    composite dual channel analog/digital video operation, an existing
    analog FM video authorization, bearing an emission type of F3F
    representing a single FM video channel, would have to be modified to
    show an emission designator such as F9F, representing accommodation
    of one or more analog channels and one or more digital channels
    (indicated by a \"9\" as the second symbol) transmitting video
    information (indicated by an \"F\" as the third symbol), or F9W,
    representing accommodation of one or more analog channels and one or
    more digital channels transmitting a combination of video, data, or
    telephony information (indicated by a \"W\" as the third symbol).
    *See* 47 C.F.R. § 2.201. Whether the composite system were
    determined by the method described above to require adherence to the
    analog emission mask or to the digital emission mask, its emission
    type would nonetheless continue to represent its accommodation of
    both analog and digital channels (indicated by a \"9\" as the second
    symbol), not the accommodation of analog-only channels (which could
    be indicated by a \"3\" or an \"8\" as the second symbol), or
    digital-only channels (which could be indicated by a \"1\",\"2\", or
    \"7\" as the second symbol).

[^84]: In the above example, the change in emission type from F3F to F9F
    or to F9W would, as any change in emission type, be classified as a
    major change under 47 C.F.R. § 1.929(d).

[^85]: This option may be especially useful where the mask reference
    bandwidth is less than or slightly greater than the necessary
    bandwidth of the transmitter. For example, in a case where the
    system is analog, and the mask reference bandwidth is thus 100 kHz,
    but the necessary bandwidth of the system is 80 kHz, the measurement
    bandwidth may be adjusted down to 1 kHz, which is the next higher
    measurement bandwidth above 1% of 80 kHz, or 0.80 kHz.

[^86]: *See* International Telecommunication Union (ITU) Radio
    Regulations, Appendix 3, Table of Maximum Permitted Spurious
    Emission Power Levels, at 10; ITU Recommendation ITU-R SM.329-9,
    Spurious Emissions, at 4.1 and at Annex 2, 1.1.2.

[^87]: For example, for a digital system operating below 15 GHz, the
    emissions mask reference bandwidth stated in the rule is 4 kHz, less
    than the measurement resolution bandwidths of 1 MHz for frequencies
    above 1 GHz and 100 kHz for frequencies below 1 GHz.

[^88]: Using a wider resolution bandwidth allows more energy to enter
    the measurement device. Thus, the displayed signal will generally
    appear at a higher level that it otherwise would.

[^89]: Multipath is a propagation phenomenon that results in radio
    signals reaching the receiving antenna by two or more paths. Causes
    of multipath include reflection from terrestrial objects, such as
    mountains and buildings.

[^90]: *See* APTS/PBS Comments at 5; MSTV/NAB Comments at 8; Comsearch
    Comments at 4; MRC Comments at 8; TIA Reply Comments at 3.

[^91]: *Interference Criteria for Microwave Systems*, Telecommunications
    Industry Association (TIA) Telecommunications Systems Bulletin TSB
    10-F, dated June 1, 1994, available on line from the TIA at
    www.tiaonline.org.

[^92]: Comsearch Comments at 4.

[^93]: TIA Reply Comments at 3.

[^94]: Under the revised numbering scheme for the Radio Regulations,
    these regulations are now contained in Article 21.

[^95]: *See* Establishment of a Spectrum Utilization Policy for the
    Fixed and Mobile Services Use of Certain Bands Between 947 MHz and
    40 GHz, Gen. Docket No. 82‑334, *Third Report And Order*, 2 FCC Rcd
    1050 (1987).

[^96]: *See* APTS/PBS Comments at 5; MSTV/NAB Comments at 9; Comsearch
    Comments at 4; NSMA Comments at 2; TIA Reply Comments at 3.

[^97]: 47 C.F.R. §§ 74.638 and 78.36.

[^98]: *See* *Part 101 Order*, *supra*, at 13,486.

[^99]: *Notice* at ¶¶ 38-40.

[^100]: *See* APTS/PBS Comments at 5-6; MSTV/NAB Comments at 7;
    Comsearch Comments at 5; MRC Comments at 3-4; NSMA Comments at 2;
    TIA Reply Comments at 3.

[^101]: *See* SBE Comments at 8-9; Viacom Reply Comments at 2.

[^102]: APTS/PBS Comments at 5-6.

[^103]: MSTV/NAB Comments at 7-8.

[^104]: NSMA Comments at 2-3.

[^105]: SBE Comments at 8-9.

[^106]: SBE Comments at 1-2. SBE suggests a co-channel D/U ratio of 60
    dB, or, alternatively, an undesired signal strength 10 dB below the
    noise threshold of the receiver, for any type of modulation, and
    adjacent channel D/U ratios of 10 dB or, alternatively, equipment
    tests, for digital into analog systems, and 0 dB for analog into
    analog systems.

[^107]: SBE Reply Comments at 5-7.

[^108]: Viacom Reply Comments at 2-3.

[^109]: KNME Reply Comments at 1.

[^110]: MRC Comments at 3-4. *See also* MRC Reply Comments at 2-3. MRC
    also notes that TIA TSB 10-F provides for the consideration of
    interference thresholds unique to the equipment and interference
    configuration, and, in this connection, provides detailed
    interference ratios needed to protect its TwinStream radio.

[^111]: Globalstar Comments at 3-7. *See* Amendment of Parts 2, 25 and
    27 of the Commission's Rules with Regard to the Mobile-Satellite
    Service Above 1 GHz, *Notice of Proposed Rule Making*, ET Docket No.
    98-142, 13 FCC Rcd 17107 (1998) (*MSS Notice*). *See also* Amendment
    of Parts 2, 25 and 27 of the Commission's Rules with Regard to the
    Mobile-Satellite Service Above 1 GHz, *Report and Order*, ET Docket
    No. 98-142, 17 FCC Rcd 2658 (2002) (*MSS Order*). The *MSS Order*
    recently allocated the band 6700-7025 MHz for non-Federal Government
    FSS downlinks on a co-primary basis, limiting the use of this
    spectrum to NGSO MSS feeder downlinks. It also established limits on
    the power flux density produced by the NGSO MSS satellite at the
    surface of the earth, to protect terrestrial services; established
    frequency coordination procedures for the band 6700-6875 MHz using
    existing Part 25 and 101 rules; and deferred coordination
    requirements between combined fixed and mobile terrestrial
    operations and satellite operations in the band 6875-7025 MHz band
    to a future proceeding. *See MSS Order* at ¶¶ 4, 39-60.

[^112]: SBE Reply Comments at 1-2. We note that the *MSS Order* has
    recently allocated the band 6700-7025 MHz, as proposed in the *MSS
    Notice*, for non-Federal Government FSS downlinks on a co-primary
    basis, limiting the use of this spectrum to NGSO MSS feeder
    downlinks. *See MSS Order* at ¶ 39.

[^113]: 47 C.F.R. § 74.638(b).

[^114]: We note that we will reproduce the frequency coordination rules
    in Part 78 for CARS applicants and licensees.

[^115]: *See* SBE Comments at 9.

[^116]: *Id*. at 8.

[^117]: *See* MRC Comments at 3-4; SBE Comments at 8.

[^118]: *See* *Notice* at ¶¶ 37-39.

[^119]: Sections 74.638, 78.36. 47 C.F.R. §§ 74.638, 78.36.

[^120]: *See MSS Order* at ¶¶ 4, 48-60.

[^121]: Frequency tolerance is the maximum permissible deviation of the
    center frequency of an emission from its assigned frequency.

[^122]: *See* *Part 101 NPRM*, *supra*, at Appendix D, Section 101.107.

[^123]: *Notice* at ¶ 41.

[^124]: *See* APTS/PBS Comments at 6; MSTV/NAB Comments at 8; MRC
    Comments at 6; TIA Reply Comments at 4.

[^125]: MRC Comments at 6.

[^126]: Red River Comments at 1-2.

[^127]: *See* Appendix A, *infra*, at § 74.661.

[^128]: We remind manufacturers that, although their equipment may meet
    new tolerance or emission mask requirements, their existing
    equipment verification may not demonstrate, or their existing
    equipment certification may not reflect, such compliance. To remedy
    this situation, manufacturers must, in the case of verification,
    verify via retesting, or, in the case of certification, refile
    certification under the permissive change provisions of Section
    2.1043 or file for certification under a new identification number,
    depending on the modifications needed to meet the new requirements.
    47 C.F.R. §§ 2.1043.

[^129]: *See* Amendment of Parts 2 and 25 of the Commission\'s Rules to
    Permit Operation of NGSO FSS Systems Co-Frequency with GSO and
    Terrestrial Systems in the Ku-Band Frequency Range, *First Report
    and Order and Further Notice of Proposed Rule Making*, ET Docket No.
    98-206, 16 FCC Rcd 4096 (2001) (*NGSO Order)*, at ¶ 122.

[^130]: 47 C.F.R. § 74.602(a) Note 2.

[^131]: *Id*. We note that Note 2 currently specifies protection for the
    13.15-13.20 GHz band. However, channel B20, which was provided
    protection in the *NGSO Order*, extends to 13.2125 GHz.

[^132]: *See NGSO Order* at ¶ 126.

[^133]: *Notice* at ¶ 42.

[^134]: *See* MSTV/NAB Comments at 9; SBE Comments at 11.

[^135]: SBE Comments at 11.

[^136]: We note that Skybridge L.L.C. has filed a Petition for
    Reconsideration of the Commission's decision in the *NGSO Order* to
    exclude NGSO FSS from the band 13.15-13.2125 GHz. That Petition is
    being addressed in ET Docket No. 98-206.

[^137]: *See* Amendment of Eligibility Requirements in Part 78 Regarding
    12 GHz Cable Television Relay Service, CS Docket No. 99-250, *Report
    and Order*, 17 FCC Rcd 9930 (2002) (FCC 02-149) (*Optel Order*), at
    ¶¶ 21-24. *See also* Section 78.18 (m), added by the *Optel Order*,
    which states that CARS stations may be authorized use of the band
    from 13.20 to 13.25 GHz on a secondary basis to Television Broadcast
    Auxiliary Stations. 47 C.F.R. § 78.18(m).

[^138]: *See* Rulemaking to Amend Parts 1, 2, 21, and 25 of the
    Commission's Rules to Redesignate the 27.5‑29.5 GHz Frequency Band,
    To Reallocate the 29.5‑30.0 GHz Frequency Band, To Establish Rules
    and Policies for Local Multipoint Distribution Service and For Fixed
    Satellite Services, CC Docket No. 92‑297, *Second Report and Order,
    Order on Reconsideration, and Fifth Notice of Proposed Rulemaking*,
    12 FCC Rcd 12545 (1997).

[^139]: *Notice* at ¶ 43.

[^140]: *See* Amendment of the Commission's Rules Regarding The
    37.0-38.6 GHz and 38.6-40.0 GHz Bands, ET Docket No. 95-183, *Report
    and Order and Further Notice of Proposed Rule Making*, 12 FCC Rcd
    18600 (1997). In May 2000, the Commission assigned more than 2,000
    licenses in 175 Economic Areas by competitive bidding in the 39 GHz
    band. *See* 39 GHz Band Auction Closes, Report Auc-30-E (Auction No.
    30), DA 00-1035, rel. May 10, 2000.

[^141]: 47 C.F.R. § 74.602.

[^142]: *See* Petition For Amendment Of The Commission\'s Rules
    Regarding The 37.0-38.6 GHz And 38.6-40 GHz Bands, DA 95-2341,
    *Order*, 11 FCC Rcd 1156 (1996) (*Freeze Order*).

[^143]: No new BAS licenses have been issued in the 38.6-40.0 GHz band
    since the adoption of the *Freeze Order*.

[^144]: *Notice* at ¶ 44. Since the adoption of the *Notice*, one
    station, call sign KC23139, cancelled its license.

[^145]: *See* SBE Comments at 11; MSTV/NAB Comments at 9; Winstar
    Comments at 2.

[^146]: SBE Comments at 11.

[^147]: Winstar Comments at 2.

[^148]: *Id*. at 3. With respect to Winstar's concern, in its Comments
    at 3-4, that certain BAS licenses listed as active are also listed
    as expired on the ULS, we clarify that, as noted by SBE in its Reply
    Comments at 8, the expiration dates on BAS licenses may not be
    updated from the broadcast station renewal, so that validity of a
    license must be determined by whether it is active on the ULS.
    Modifications to enable the ULS to update expiration dates from
    broadcast station renewals are planned. Meanwhile, active status may
    be determined through the ULS using the frequency search function,
    or, if the call sign is known, observing its active status on the
    license record. Questions about specific licenses should be directed
    to the Licensing Branch of the Public Safety and Private Wireless
    Division of the Wireless Telecommunications Bureau in Gettysburg,
    Pennsylvania.

[^149]: *Id*. at 4-5.

[^150]: *See* Appendix A, *infra*, at § 2.106, footnote NG175; Part 74.

[^151]: A periscope antenna configuration uses a transmitting antenna
    oriented to produce a vertical radiation pattern, with a flat or
    off-axis parabolic reflector, mounted above the transmitting
    antenna, which directs the beam in a horizontal path toward the
    receiving antenna. This type of antenna facilitates increased
    terrain clearance without long transmission lines, while permitting
    the active equipment to be located at or near ground level for ease
    of maintenance.

[^152]: *See, e.g*., 47 C.F.R. § 101.115(d).

[^153]: MRC Comments at 8.

[^154]: *See* 47 C.F.R. § 74.641(c).

[^155]: *Notice at* ¶ 46.

[^156]: 47 C.F.R. §§ 90.159(b), 101.31, and 74.431(g).

[^157]: 47 C.F.R. § Part 1, Subpart I.

[^158]: *Notice at* ¶ 47.

[^159]: Id. at ¶ 48. Low power auxiliary stations are intended to
    transmit over distances of approximately 100 meters for uses such as
    wireless microphones, cue and control communications, and
    synchronization of TV camera signals. These stations are typically
    used in conjunction with a BAS station.

[^160]: *Id*. *at* ¶¶ 48-49.

[^161]: *See* APTS/PBS Comments at 6; MSTV/NAB Comments at 8; Comsearch
    Comments at 5; TIA Reply Comments at 3.

[^162]: MSTV/NAB Comments at 9.

[^163]: Comsearch Comments at 4.

[^164]: SBE points out that the word "not" was omitted from proposed
    Section 74.25(c)(ii), which reads, "The station site does lie within
    an area requiring international coordination." *See* SBE Comments at
    12.

[^165]: Comsearch Reply Comments at 3.

[^166]: We also correct the error in Section 74.25(c)(ii) pointed out by
    SBE and modify that provision to read, "The station site does not
    lie within an area requiring international coordination."

[^167]: 47 C.F.R. § 74.24. There is an exception to the local
    coordinator notification requirement when " ... an unanticipated
    need for immediate short-term mobile station operation would render
    compliance with the provisions of this paragraph impractical." *See*
    47 C.F.R. § 74.24(g).

[^168]: *Notice* at ¶ 51.

[^169]: *Id*. at ¶ 52.

[^170]: *Id*. at ¶ 53.

[^171]: *Id*. at ¶ 54.

[^172]: *See* APTS/PBS Comments at 7; MSTV/NAB Comments at 9; Globalstar
    Comments at 7; SBE Comments at 12.

[^173]: APTS/PBS Comments at 7.

[^174]: MSTV/NAB Comments at 9-10.

[^175]: SBE Comments at 12.

[^176]: SBE Comments at 13.

[^177]: Globalstar Comments at 7-9. The Auxiliary Services Branch no
    longer exists and the Commission no longer maintains information on
    active frequency coordination committees. Thus, reference to it has
    been omitted from the proposed revision of Section 74.24(g).

[^178]: SBE Reply Comments at 5.

[^179]: We note that the current information on local frequency
    coordinators is maintained by SBE on their website at
    [http://www.sbe.org](http://www.sbe.org/),

[^180]: 47 C.F.R. § 74.602(h). The UHF-TV spectrum may be used only if a
    licensee cannot find spectrum available in any other frequency band
    allocated for these stations.

[^181]: 47 C.F.R. Parts 22 and 90 provide for the use of land mobile
    stations in the 470‑512 MHz band (TV channels 14‑21). *See*, *e.g.*,
    47 C.F.R. §§ 22.621 and 90.303. Additionally, we note that the
    Commission adopted an *Order* in 1995 granting a conditional waiver
    for public safety land mobile use of Channel 16 in New York City.
    *See* In the Matter of Waiver of Parts 2 and 90 of the Commission\'s
    Rules to Permit New York Metropolitan Area Public Safety Agencies to
    Use Frequencies at 482‑488 MHz on a Conditional Basis, *Order*, 10
    FCC Rcd 4466 (1995). Under terms adopted in the *Report and Order*
    in MM Docket No. 00‑10, the New York Police, operating under
    authority of the cited waiver, and LPTV station WEBR‑LP will
    continue their current practice of cooperating to ensure that
    neither party interferes with the other's transmission on Channel
    16. *See* In The Matter Of Establishment Of A Class A Television
    Service, MM Docket No. 00‑10, *Report and Order*, 15 FCC Rcd 6355
    (2000) at ¶ 84.

[^182]: *See* 47 C.F.R. § 74.636 (power limits), 47 C.F.R. § 74.641
    (antenna requirements).

[^183]: This policy was articulated for applicants in RM‑7586. *See* TV
    Auxiliary Use of Vacant UHF‑TV Channels, RM‑7586, *Memorandum
    Opinion and Order*, 10 FCC Rcd 4896 (1995) (*UHF-TV Order*) at ¶¶
    9-11.

[^184]: *Notice* at ¶ 55.

[^185]: Vertical polarization, rather than the more commonly transmitted
    horizontal polarization is required as an added safeguard to prevent
    reception of these signals by the public.

[^186]: *Id*. at ¶ 57.

[^187]: *Id*. at ¶ 58.

[^188]: *See* In the Matter of Reallocation and Service Rules for the
    698-746 MHz Spectrum Band (Television Channels 52-59), *Report and
    Order*, GN Docket No. 01-74, 17 FCC Rcd 1022 (2002) (*Channel 52-59
    Reallocation Order*), at ¶¶ 2, 13.

[^189]: *See generally* In the Matter of Reallocation of Television
    Channels 60-69, The 746-806 MHz Band, ET Docket No. 97-157, *Report
    and Order*, 12 FCC Rcd. 22953 (1998). In that proceeding the 764-776
    MHz and 794-806 MHz bands were designated for use by public safety.
    The 746-747 MHz, 762-764 MHz, 776-777 MHz, and 792-794 MHz bands
    have already been auctioned and assigned to guard band managers.
    That auction was completed on February 21, 2001. *See* 700 MHz Guard
    Bands Auction Closes, DA 01-478, *Public Notice*, Feb. 22, 2001. The
    auction for the 698-746 MHz band began June 19, 2002 and the auction
    for the 747-762 MHz and 777-792 MHz bands is scheduled to begin
    January 14, 2003. *See* In the matter of Auction of Licenses in the
    747-762 and 777-792 MHz Bands (Auction No. 31); Auction of Licenses
    in the 698-746 MHz Band (Auction No. 44); Cellular
    Telecommunications & Internet Association, Paxson Communications
    Corporation and the Spectrum Clearing Alliance Applications for
    Review of Wireless Telecommunications Bureau Letter, April 10, 2002,
    DA 02-857, WT Docket No. 99-168, GN Docket No. 01-74, *Order*, rel.
    May 24, 2002.

[^190]: *See* APTS/PBS Comments at 7-8; MSTV/NAB Comments at 11.

[^191]: MST/NAB Comments at 11.

[^192]: SBE Comments at 14-15.

[^193]: NTA *Ex Parte* presentation of March 21, 2002, ET Docket No.
    01-75, filed May 10, 2002, at 1-2. NTA also asks that we allow the
    transmission of multiple contiguous standard 8-Level Vestigial
    Side-Band (8VSB) digital modulation signals from multiple primary
    stations, as defined in Section 74.701(b), on one set of microwave
    equipment operating on a channel for which a TV translator relay
    station is already authorized. We clarify here that Section
    74.631(d) already allows such a station to multiplex signals to
    provide additional communication channels in the manner requested by
    the NTA. 47 C.F.R. §§ 74.701(b), 74.631(d). In addition, we note
    that because NTA states that the proposed operation would adhere to
    the current emission mask, allowing multiple signals within a
    channel will not increase the interference potential of
    transmissions within the channel.

[^194]: *See UHF-TV Order* at ¶¶ 12-13.

[^195]: We are modifying the language of proposed Section 74.602(h)(1)
    to, "Applications for authorization in accordance with this
    paragraph must comply with the following technical limits or be
    accompanied by an engineering analysis demonstrating why these
    limits must be exceeded."

[^196]: Stations licensed under 47 C.F.R. § 74.602(h) are subject to
    provisions of Part 74, Subpart G, which contains protection criteria
    for many types of stations. *See*, for example, Sections 74.705,
    74.707, and 74.709 for interference protection criteria for TV
    broadcast stations; low power TV and TV translator stations; and
    land mobile stations, respectively. 47 C.F.R. §§ 74.705, 74.707, and
    74.709.

[^197]: 47 U.S.C. § 309(j)(14)(A)-(B). This statute requires analog TV
    broadcasters to cease operation in the recovered spectrum by the end
    of 2006 unless the Commission extends the end of the transition,
    which it is required to do at the request of individual broadcast
    licensees on a market-by-market basis, if: (1) one or more of the
    four largest network stations or affiliates is not broadcasting in
    digital format; (2) digital-to-analog converter technology is not
    generally available; or, (3) 15 percent or more of television
    households are not receiving a digital signal. *See also* *Channel
    52-59 Reallocation Order* at ¶ 3.

[^198]: *Channel 52-59 Reallocation Order* at ¶¶ 46-49. *See also*
    footnote NG159 to the Table of Frequency Allocations in Section
    2.106, 47 C.F.R. § 2.106.

[^199]: *See* 47 C.F.R. §§ 74.631(g) and 74.632(e).

[^200]: *Channel 52-59 Reallocation Order* at ¶ 48.

[^201]: 47 U.S.C. § 309(j)(14)(A)-(B).

[^202]: 47 C.F.R. § 74.603(b).

[^203]: *Notice* at ¶¶ 60-61.

[^204]: SBE Comments at 15.

[^205]: *See* Amendment of Frequency Assignment Procedures in the
    Broadcast Remote Pickup Service to Facilitate More Efficient Use of
    the Available Spectrum, MM Docket No. 84‑280, *Report and Order*, 49
    FR 45155 (Nov. 15, 1984). *See also* Section 74.402. 47 C.F.R. §
    74.402.

[^206]: *Notice* at ¶ 63.

[^207]: *See* Replacement of Part 90 by Part 88 to Revise the Private
    Land Mobile Radio Services and Modify the Policies Governing Them
    and Examination of Exclusivity and Frequency assignment Policies of
    the Private Land Mobile Radio Services, PR Docket No. 92‑235,
    *Report and Order and Further Notice of Proposed Rule Making*, 10
    FCC Rcd 10076 (1995) (*Refarming R&O*).

[^208]: For example, under the rules adopted in 1984 for the Remote
    Pickup Broadcast Service, valid frequencies for use include 152.8625
    and 152.8675 MHz. *See* 47 C.F.R. § 74.402. Valid
    Industrial/Business Pool frequencies under Part 90 include 152.8625
    and 152.870 MHz. *See* 47 C.F.R. § 90.35. From these frequencies, it
    is clear that valid frequency separations include 0, 2.5, and 5
    kilohertz (*e.g.*, 152.8675 MHz -- 152.8625 MHz = 5 kilohertz and
    152.870 MHz -- 152.8675 MHz = 2.5 kilohertz.)

[^209]: *Notice* at ¶ 66.

[^210]: *Id*. at ¶ 67.

[^211]: *Id*. at ¶ 68.

[^212]: *Id*. at ¶ 69. *See* Replacement of Part 90 by Part 88 to Revise
    the Private Land Mobile Radio Services and Modify the Policies
    Governing Them and Examination of Exclusivity and Frequency
    assignment Policies of the Private Land Mobile Radio Services, PR
    Docket No. 92‑235, *Memorandum Opinion and Order*, 11 FCC Rcd 17676
    (1996).

[^213]: 47 C.F.R. § 74.402, Note 6.

[^214]: *Notice* at ¶ 70.

[^215]: 47 C.F.R. § 90.210.

[^216]: 47 C.F.R. § 90.213.

[^217]: Transient frequencies are short-term variations of a
    transmitter's operating frequency that occurs when a transmitter is
    keyed on or off. During this period of off-frequency operation noise
    chirps are transmitted that could interfere with adjacent channel
    operations.

[^218]: 47 C.F.R. § 90.214. *Notice* at ¶ 71.

[^219]: SBE Comments at 15-16. SBE additionally states that Part 90
    narrowband radios may not suit audio program feeds requiring high
    fidelity and no real-time delay.

[^220]: *Id*. at 16-17.

[^221]: The new channel centers resulting from modifying the Group P
    channels are: 450.00625 MHz, 450.0125 MHz, 450.01875 MHz, 450.025
    MHz, 450.98125 MHz, 450.9875 MHz, 450.99375 MHz, 455.00625 MHz,
    455.0125 MHz, 455.01875 MHz, 455.025 MHz, 455.98125 MHz, 455.9875
    MHz, and 455.99375 MHz.

[^222]: The IRAC is chaired by the Department of Commerce/NTIA and
    consists of representatives from a number of Federal Agencies and
    assists the Assistant Secretary of Commerce for Communications and
    Information in assigning frequencies to U.S. Government radio
    stations and in developing and executing policies, programs,
    procedures, and technical criteria pertaining to the allocation,
    management, and use of the spectrum. *See* NTIA Manual of
    Regulations and Procedures for Federal Frequency Management (NTIA
    Manual), Section 1.3.

[^223]: *See* NTIA Manual, Section 4.3.7A. The bands subject to Federal
    Government narrowbanding are 162.0125‑173.2 MHz and 173.4‑174 MHz.

[^224]: 47 C.F.R. § 74.402. The exceptions are within 150 miles of New
    York City, where these frequencies are reserved for use by public
    safety users; in Alaska; or in the Tennessee Valley Authority area.
    The Tennessee Valley Authority Area is described in detail in
    Footnote US11. This area encompasses Tennessee, the southern portion
    of Kentucky, southwest Virginia, most of Mississippi and Alabama,
    Northern Georgia, the northwest corner of South Carolina, and
    western North Carolina.

[^225]: 47 C.F.R. § 74.462.

[^226]: 47 C.F.R. Part 11.

[^227]: *Notice* at ¶¶ 72-73.

[^228]: *Id.* at ¶ 73.

[^229]: SBE Comments at 16. *See* Amendment of Section 2.106 of the
    Commission's Rules to Allocate Spectrum at 2 GHz for Use by the
    Mobile-Satellite Service, *Second Report and Order and Second
    Memorandum Opinion and Order*, ET Docket No. 95-18, 15 FCC Rcd 12315
    (2000). In this proceeding, NTIA asked the Commission to provide
    primary status to Government space operations, earth exploration
    satellites, and space research in the 2025-2110 MHz band. NASA
    stated that it had been using this band for almost thirty years for
    satellites which support such major programs as the Space Shuttle,
    the Hubble Space Telescope, the Tracking and Data Relay Satellite
    System and will use this spectrum to support the International Space
    Station. The Commission concluded that in view of the successful
    sharing between BAS and Government satellite operations in the past,
    Government satellite operations could be elevated to co-primary
    status. It stated that this change would provide increased certainty
    and clarity to the U.S. Table of Frequency Allocations. The
    Commission, however, did express concern about the impact of this
    change on the future deployment of BAS and adopted measures to
    minimize such impact.

[^230]: Letter to Mr. Bruce Franca, Acting Chief, Office of Engineering
    and Technology, Federal Communications Commission, from William T.
    Hatch, Associate Administrator, Office of Spectrum Management,
    National Telecommunications and Information Administration, United
    States Department of Commerce, Aug. 7, 2001.

[^231]: Our action here does not amend the rules for public safety
    stations operating on 166.25 MHz or 170.15 MHz under the rules in 47
    C.F.R. § 90.20. The Commission will address service rules for those
    stations in a future proceeding.

[^232]: We note that as of August 29, 2002, there is only one
    application pending for new Remote Pickup BAS use of 166.25 MHz or
    170.15 MHz.

[^233]: We cannot predict the exact date on which the Commission will
    issue the superseded license at this time. However, the effective
    date of the license will be January 1, 2005 regardless of whether
    the license is issued prior to or subsequent to that date. Thus, on
    January 1, 2005 all licensees on 166.25 MHz and 170.15 MHz will be
    required to operate on 12.5 kilohertz channels.

[^234]: 47 C.F.R. § 74.462.

[^235]: Originally, NTIA recommended that these BAS stations be given
    "protected" status. However, such a status is not defined in our
    rules.

[^236]: *See* Letter to Mr. Edmond J. Thomas, Chief, Office of
    Engineering and Technology, Federal Communications Commission, from
    Fredrick R. Wentland, Acting Associate Administrator, Office of
    Spectrum Management, National Telecommunications and Information
    Administration, United States Department of Commerce, Aug. 6, 2002.

[^237]: We are, however, making editorial changes to footnote US11 to
    improve its readability.

[^238]: *See* Review of Technical and Operational Requirements: Part
    74-E Aural Broadcast STL and ICR Stations; and Part 74-F TV
    Auxiliary Broadcast Stations, *Report and Order*, MM Docket No.
    85-36, 102 F.C.C.2d 940 (FCC 85-588) (1985) (*950 MHz
    Rechannelization Order*). The *950 MHz Rechannelization Order* at ¶
    29 amended these rules to be effective on the date specified in a
    future order by the Chief, Mass Media Bureau, indicating computer
    programs are available for implementing the new rules.

[^239]: *See* Wireless Telecommunications Bureau To Begin Use Of
    Universal Licensing System (ULS) For Microwave Services On August
    30, 1999, DA 99‑1543, *Public Notice*, rel. Aug. 6, 1999.

[^240]: *See* Wireless Telecommunications Bureau Implements Phase I Of a
    Three‑Phased Deployment of the Universal Licensing System for Land
    Mobile Radio Services on September 19, 2000, DA 00‑1992, Public
    Notice, rel. Sep. 1, 2000.

[^241]: These changes were included in proposed rules. *See* *Notice* at
    Appendix C.

[^242]: *See* Biennial Regulatory Review -- Amendment of Parts 0, 1, 13,
    22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's
    Rules to Facilitate the Development and Use of the Universal
    Licensing System in the Wireless Telecommunications Services, WT
    Docket No. 98‑20, *Report and Order*, 13 FCC Rcd. 21027 (1998) (*ULS
    Report and Order*), at 21055.

[^243]: 47 C.F.R. §§ 1.929 and 1.931.

[^244]: *Notice* at ¶ 75.

[^245]: *See* *ULS Report and Order* at 21052.

[^246]: *Id*.

[^247]: 47 C.F.R. §§ 74.433(b), 74.537(b), and 74.633(b). An informal
    application has generally been interpreted to mean a letter request.

[^248]: *Notice* at ¶ 78.

[^249]: 47 C.F.R. § 1 .946.

[^250]: *Notice* at ¶¶ 76-77.

[^251]: *See, e.g.*, MSTV/NAB Comments at 11; SBE Comments at 17; Viacom
    Reply Comments at 3. Viacom states that it supports the comments of
    MSTV/NAB and SBE.

[^252]: SBE Comments at 17, 25.

[^253]: SBE Comments at 17; MSTV/NAB Comments at 12.

[^254]: SBE Comments at 17.

[^255]: SBE Comments at 17; MSTV/NAB Comments at 12; KNME Reply Comments
    at 1.

[^256]: KNME Reply Comments at 1.

[^257]: SBE Comments at 17.

[^258]: We are revising the text of the proposed Section 74.6 to clarify
    that applicants for Remote Pickup, aural BAS, TV BAS, and low power
    auxiliary stations under Subparts D, E, F, and H of Part 74 may file
    manually or electronically under Part 1 procedures.

[^259]: Commenters also requested several other changes to the ULS
    processing and search capabilities. *See* SBE Comments at 24-26; SBE
    Reply Comments at 8; Viacom Reply Comments at 4. We note that these
    functions of the licensing system are not subject to rulemaking and
    are not addressed herein. Comments and concerns regarding upgrades
    and enhancements of the ULS should be addressed to the Wireless
    Telecommunications Bureau.

[^260]: *See* Appendix A, *infra*, at § 74.6.

[^261]: 47 C.F.R. § 1.946(d).

[^262]: *See* *ULS Report and Order* at 21058.

[^263]: 47 C.F.R. § 1.947(b).

[^264]: *Notice* at ¶ 79.

[^265]: 47 C.F.R. § 1.929(d)(1)(i).

[^266]: *Notice* at ¶ 80.

[^267]: SBE Comments at 17-18; MSTV/NAB Comments at 12; MRC Comments at
    7.

[^268]: MSTV/NAB Comments at 12, 15.

[^269]: SBE Comments at 1-2, 17.

[^270]: MRC Comments at 7.

[^271]: 47 C.F.R. § 1.929.

[^272]: 47 C.F.R. § 101.103(d)(1).

[^273]: A change of 5 seconds in latitude corresponds to a distance of
    approximately 150 meters (500 feet).

[^274]: Biennial Regulatory Review -- Amendment of Parts 0, 1, 13, 22,
    24, 26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to
    Facilitate the Development and Use of the Universal Licensing System
    in the Wireless Telecommunications Services, *Memorandum Opinion and
    Order on Reconsideration*, WT Docket No. 98-20, 14 FCC Rcd 11476
    (1999) (*ULS Reconsideration Order*).

[^275]: *ULS Reconsideration Order* at ¶¶ 15-16; 47 C.F.R. § 101.103.

[^276]: 47 C.F.R. § 74.462. Footnote 4 of this rule section states that
    the emission designators will be modified after necessary
    modifications are made to BAS application processing programs are
    completed.

[^277]: *See* ITU Radio Regulations, Appendix 1, Classification of
    Emissions and Necessary Bandwidths; 47 C.F.R. § 2.201.

[^278]: *Notice* at ¶ 81.

[^279]: SBE Comments at 19; MSTV/NAB Comments at 12.

[^280]: The updated list of emission designators in Section 74.462(b)
    have been expanded from those proposed to include non-voice digital
    traffic. Their omission in the *Notice*, was an oversight as
    telegraphy, telemetry, and data are currently permitted.

[^281]: Comsearch Comments at 2; MRC Comments at 9; TIA Reply Comments
    at 2.

[^282]: *See* MRC Comments at 10.

[^283]: *See* SBE Comments at 22-24.

[^284]: *See* SBE Comments at 24.

[^285]: *See* SBE Comments at 26-27.

[^286]: *See* SBE Comments at 27. Priority of use in Section 74.403(b)
    provides a ranking of Remote Pickup BAS transmissions to be observed
    when more than one licensee attempts to use the same frequency in
    the same area. 47 C.F.R. § 74.403. The priorities, from highest to
    lowest, are: 1) emergency communications, 2) program material for
    broadcast, 3) cues and orders necessary to a broadcast, 4)
    operational communications, and 5) tests or drills. Currently
    certain channels are exempted from the priority of use rules. SBE
    suggests that we amend the rules for a subset (I- and R- channels)
    of the currently exempted channels so that they are subject to the
    priority of use rules. The I-channels are 20 kHz channels on 26.07
    MHz, 26.11 MHz, and 26.45 MHz. The R-channels are 25 kHz channels,
    stackable to 50 kHz, in the 450.625-450.875 MHz and 455.625-455.875
    MHz bands. We did not propose to change this rule and no party
    resonded to SBE\'s suggestion. Without sufficient comment, we are
    concerned that interested parties have not had sufficient notice to
    comment on this issue, and that a change to these channels could
    disrupt a licensee\'s operations.

[^287]: Commenters may always file a petition for rulemaking to the
    Commission regarding their specific concerns. In many cases, there
    is an on-going Commission proceeding where these concerns can be
    addressed. For example, in ET Docket No. 00-258, the Commission
    recently reallocated the 1.7 GHz band for Advanced Wireless
    Services. *See,* Amendment of Part 2 of the Commission's Rules to
    Allocate Spectrum Below 3 GHz for Mobile and Fixed Services to
    Support the Introduction of New Advanced Wireless Services,
    including Third Generation Wireless Systems, ET Docket No. 00-258,
    *Second Report and Order*, FCC 02-304 (adopted November 7, 2002). In
    addition, we note that the Commission has recently clarified that
    public safety and BAS share the 2450-2483.5 MHz band on a co-equal
    basis and therefore current rules are sufficient. *See* County of
    Los Angeles, City of Los Angeles, City of Long Beach, and City of
    Burbank, California, Request for Declaratory Ruling Regarding Use of
    the 2450-2483.5 MHz Band for Airborne Video Public Safety
    Communications, *Order*, 16 FCC Rcd 2227 (2001) at ¶¶ 4-5.

[^288]: *See* *AMPTP Petition* at 2‑3.

[^289]: *Id*. at 3.

[^290]: *Id*.

[^291]: AMPTP Petition, RM-9856, filed November 15, 1999.

[^292]: 47 C.F.R. § 2.106.

[^293]: *Notice* at ¶ 94. The 470‑512 MHz band is also allocated to land
    mobile radio services.

[^294]: SBE Comments at 19. 47 C.F.R. § 74.403(b) establishes a priority
    for remote pickup transmissions: (1) Communications during an
    emergency or pending emergency directly related to the safety of
    life and property; (2) Program material to be broadcast; (3) Cues,
    orders, and other related communications immediately necessary to
    the accomplishment of a broadcast; (4) Operational communications;
    and (5) Tests or drills to check the performance of stand-by or
    emergency circuits.

[^295]: *Id*. at 6-7.

[^296]: 47 C.F.R. § 74.801. These definitions refer to persons or
    organizations engaged in the production of motion pictures or
    television programs.

[^297]: The short‑term operation rule allows eligible entities to
    operate using BAS frequencies for up to 720 hours per year without
    an authorization from the Commission. *See* 47 C.F.R. § 74.24.

[^298]: *Notice* at ¶ 95.

[^299]: FCC Form 601, Schedule H is used to provide technical data for
    certain BAS stations, including remote pickup stations and wireless
    microphones.

[^300]: 47 C.F.R. § 74.15.

[^301]: *Notice* at ¶¶ 90-91.

[^302]: AMPTP Comments at 4.

[^303]: AMPTP Reply Comments at 5.

[^304]: AMPTP Comments at 4.

[^305]: *Id.* at 5.

[^306]: SBE Comments at 21.

[^307]: AMPTP Reply Comments at 5-6.

[^308]: 47 C.F.R. § 74.15(b).

[^309]: 47 C.F.R. § 73.1020.

[^310]: *Notice* at ¶ 93.

[^311]: *See, e.g.*, 47 C.F.R. § 90.421. This rule allows mobile
    stations to be installed in vehicles operated by persons other than
    the licensee. The licensee is responsible for taking any necessary
    precaution to effectively eliminate the possibility of unauthorized
    operation of transmitters when not under the control of the
    licensee. The rule specifically allows contractors to operate mobile
    units.

[^312]: *Notice* at ¶¶ 96-99.

[^313]: *See, e.g*., AMPTP Reply Comments at 3.

[^314]: SBE Comments at 20.

[^315]: 47 C.F.R. § 90.265 and Part 95, Subpart G.

[^316]: The SPASUR radar system is located in the southern United States
    and consists of three high power transmitters and six receiver
    locations. These operations are protected indefinitely for
    non‑Government FS and mobile services by footnote US229. *See* 47
    C.F.R. § 2.106 Note US229. Additionally, we note that pursuant to
    the Balanced Budget Act of 1997, the entire 216‑220 MHz band was
    designated by NTIA for transfer to non‑Government use and subject to
    licensing by competitive bidding. *See* Pub. L. 105‑33, 111 Stat.
    251 (1997). The use of the 216‑220 MHz band is being examined in ET
    Docket No. 00‑221. *See* In the Matter of Reallocation of the
    216‑220 MHz, 1390‑1395 MHz, 1427‑1429 MHz, 1429‑1432 MHz,
    1432‑1435 MHz, 1670‑1675 MHz, and 2385‑2390 MHz Government Transfer
    Bands, ET Docket No. 00‑221, *Notice of Proposed Rule Making*, rel.
    Nov. 20, 2000.

[^317]: 47 C.F.R. Part 90, Subpart L. *See also*, 47 C.F.R. §§ 22.591,
    22.621, 22.651, and 22.1007.

[^318]: We address the separation requirements below.

[^319]: All channel assignments in the 470-512 MHz band are made out of
    a general access pool. *See* 47 C.F.R. § 90.303.

[^320]: 47 C.F.R. § 90.303.

[^321]: *See* In the Matter of Waiver of Parts 2 and 90 of the
    Commission\'s Rules to Permit New York Metropolitan Area Public
    Safety Agencies to Use Frequencies at 482‑488 MHz on a Conditional
    Basis, *Order*, 10 FCC Rcd 4466 (1995).

[^322]: 47 C.F.R. § 90.315.

[^323]: 47 C.F.R. Part 22, Subpart I.

[^324]: 47 C.F.R. §§ 2.106, footnotes NG127 and 22.603.

[^325]: 47 C.F.R. § 2.106, Note US246.

[^326]: *See* Amendment of Parts 2 and 95 of the Commission's Rules to
    Create a Wireless Medical Telemetry Service, ET Docket No. 99-255,
    *Report and Order*, 15 FCC Rcd 11206 (2000).

[^327]: In addition, we proposed that WAVDs maintain a 52 km separation
    from the Gulf of Mexico in the 476-494 MHz band and from Hawaii in
    the 488-494 MHz band. *See* Notice at ¶ 105.

[^328]: We proposed that such notifications include: the proposed
    frequency or frequencies, location, maximum antenna height, type of
    emission, effective radiated power, intended dates of operation, and
    licensee contact information. In addition, we stated that the
    coordinator's recommendation regarding the operation of a particular
    WAVD must be followed by the WAVD licensee. Licensees could appeal
    to the Commission if they disagree with a coordinator's
    recommendation, but would bear the burden of proof in overturning
    the recommendation.

[^329]: *Notice* at ¶¶ 100-109.

[^330]: *Id*. at 5-6.

[^331]: SBE Comments at 21.

[^332]: AMPTP Reply Comments at 5.

[^333]: MSTV/NAB Comments at 13.

[^334]: AMPTP Reply Comments at 4-5.

[^335]: We note that no commenter responded to our question regarding
    whether the declaration of conformity procedures would be more
    appropriate for WAVDs than the certification procedures.

[^336]: We will condition licenses to require licensees to comply with
    the frequency and distance limitations set forth in new Section
    74.870(c), and with the notification procedures set forth in new
    Section 74.870(g), for each operation. In addition, we note that,
    given the low 250 mW ERP and secondary status of WAVD operations,
    international frequency coordination is not required for operations
    close to Canadian or Mexican borders. However, such operations are
    secondary to primary Canadian or Mexican systems as they are to
    primary domestic systems, and they must not cause harmful
    interference to, and must accept interference from, primary Canadian
    and Mexican systems.

[^337]: *See* 47 C.F.R. §15.203.

[^338]: Under the rules adopted herein, WAVDs must be separated from
    co-channel TV operations by at least 129 km.

[^339]:

[^340]: *See* *Notice of Proposed Rule Making*, ET Docket No. 01-75, 16
    FCC Rcd 10556, 10601 (2001).

[^341]: *See* 5 U.S.C. § 604.

[^342]: 5 U.S.C. § 603(b)(3).

[^343]: *Id.*, § 601(6).

[^344]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small business concern" in 15 U.S.C. § 632). Pursuant to the RFA,
    the statutory definition of a small business applies "unless an
    agency, after consultation with the Office of Advocacy of the Small
    Business Administration and after opportunity for public comment,
    establishes one or more definitions of such term which are
    appropriate to the activities of the agency and publishes such
    definition(s) in the Federal Register." 5 U.S.C. § 601(3).

[^345]: Small Business Act, 15 U.S.C. § 632.

[^346]: 5 U.S.C. § 601(4).

[^347]: 1992 Economic Census, U.S. Bureau of the Census, Table 6
    (special tabulation of data under contract to Office of Advocacy of
    the U.S. Small Business Administration).

[^348]: 5 U.S.C. § 601(5).

[^349]: U.S. Dept. of Commerce, Bureau of the Census, "1992 Census of
    Governments."

[^350]: *Id.*

[^351]: 13 C.F.R. § 121.201, NAICS code 513120.

[^352]: *Id*. at NAICS code 513112.

[^353]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, "Receipts Size of Firms Subject to Federal Income Tax:
    1997," Table 4, NAICS code 513120 (issued Oct. 2000).

[^354]: *Id.* The census data do not provide a more precise estimate.

[^355]: *Id.* At NAICS code 513112.

[^356]: *Id.* The census data do not provide a more precise estimate.

[^357]: *Id*. at NAICS code 513220.

[^358]: *Id.* at NAICS code 513220.

[^359]: *Id.* The census data do not provide a more precise estimate.

[^360]: 13 CFR 121.201, NAICS code 513322.

[^361]: U.S. Census Bureau, 1997 Economic Census, Subject Series:
    Information, "Employment Size of Firms Subject to Federal Income
    Tax: 1997," Table 5, NAICS code 513310 (issued Oct. 2000).

[^362]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is "Firms with 1,000
    employees or more."

[^363]: *See Report and Order*, paragraphs 153, 154 and 155, supra.

[^364]: 5 U.S.C. § 603(c).

[^365]: *See* 5 U.S.C. § 801(a)(1)(A).

[^366]: *See* 5 U.S.C. § 604(b).