**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | ET Docket No. 02-98          |
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| Amendment of Parts 2 and 97 of   | ** | RM-9404                      |
| the Commission's Rules to Create |    |                              |
| a Low Frequency Allocation for   | *  | RM-10209                     |
| the Amateur Radio Service        | *) |                              |
|                                  | ** | RM-9949                      |
| Amendment of Parts 2 and 97 of   |    |                              |
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| Commission's Rules Regarding an  | ** |                              |
| Allocation of a Band near 5 MHz  |    |                              |
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| Amendment of Parts 2 and 97 of   | ** |                              |
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**REPORT AND ORDER**

**Adopted: April 29, 2003: Released: May 14, 2003**

By the Commission:

**TABLE OF CONTENTS**

Paragraph

I. INTRODUCTION 1

II\. 135.7-137.8 kHz and 160-190 kHz banDs (RM-9404) 3

A. Summary of Proposal 3

B. Comments 9

C. Decision 16

III\. 5250-5400 kHz banD (RM-10209) 21

A. Summary of Proposal 21

B. Comments 25

C. Decision 31

IV\. 2400-2402 MHz banD (RM-9949) 34

A. Summary of Proposal 34

B. Comments 38

C. Decision 43

V. Procedural matters 47

VI\. ORDERING CLAUSES 49

APPENDIX A: List of Commenting Parties

APPENDIX B: Final Regulatory Flexibility Certification

APPENDIX C: Final Rules

# INTRODUCTION {#introduction .unnumbered}

1.  The amateur radio service, governed by Part 97 of the Commission's
    Rules, provides spectrum for amateur radio service licensees to
    participate in a voluntary noncommercial communication service which
    provides emergency communications and allows experimentation with
    various radio techniques and technologies to further the
    understanding of radio use and the development of new
    technologies.[^1] In this Report and Order ("R&O"), we are providing
    access to 5 channels in or near the 5250-5400 kHz on a secondary
    basis for the amateur service, and upgrading the existing secondary
    amateur service allocation to primary status in the 2400-2402 MHz
    band. These changes to our Rules will enhance the ability of amateur
    operators to communicate at 5000 kHz when propagation conditions do
    not permit communication at 3500 or 7000 kHz, and provide additional
    protection for the amateur operators now using the 2400-2402 MHz
    band. We are declining to make an allocation to the amateur service
    in the 135.7-137.8 kHz or the 160-190 kHz bands, due to potential
    interference to other operations. We are also declining to add a
    primary allocation to the amateur satellite service in the 2400-2402
    MHz band, due to possible spectrum use conflicts.

2.  On May 2, 2002, the Commission adopted a *Notice of Proposed
    Rulemaking* ("*Notice*") in response to three *Petitions for
    Rulemaking* submitted by ARRL.[^2] The first of these petitions
    requested that a secondary allocation to the amateur service be made
    in the 135.7-137.8 kHz and 160-190 kHz band to permit
    experimentation in the LF[^3] frequency range.[^4] The second
    petition requested a secondary amateur allocation in the 5250-5400
    kHz band to enhance amateur emergency communications and
    experimentation when propagation conditions are not favorable in the
    3500 kHz and 7000 kHz bands.[^5] The third petition requested an
    upgrade to primary status for the existing secondary amateur
    allocation and a new primary allocation for the amateur-satellite
    service in the 2400-2402 MHz band to protect existing amateur
    operations from future commercial systems which may utilize the
    band.[^6]

# 135.7-137.8 kHz and 160-190 kHz bands (RM-9404) {#khz-and-160-190-khz-bands-rm-9404 .unnumbered}

## Background and Summary of Proposal

3.  The 135.7-137.8 kHz band is part of the 130-148.5 kHz band which is
    internationally allocated to the fixed and maritime mobile services
    on a primary basis in all three International Telecommunications
    Union ("ITU") Regions.[^7] In addition, in Region 3, the
    radionavigation service has a primary allocation in this band.[^8]
    Within the U.S., the band is allocated to both the fixed and
    maritime mobile services on a primary basis for both Federal and
    non-Federal Government users.[^9] In the 135.7-137.8 kHz portion of
    the band, there are currently no non-Federal Government assignments
    and only one Federal Government assignment. The Federal Government
    assignment is for a coast station in the maritime mobile service
    communicating with ships in the Pacific Ocean.

4.  The band 160-190 kHz is allocated to the broadcasting service on a
    primary basis in Region 1 and to the fixed service on a primary
    basis in Regions 2 and 3.[^10] In Region 3, the aeronautical
    radionavigation service has a secondary allocation in this band. In
    the U.S., the band is allocated to both the fixed and maritime
    mobile services on a primary basis for Federal Government users and
    also to the fixed service on a primary basis for non-Federal
    Government users.[^11] There are no non-Federal Government
    assignments in the Commission's database for this frequency band.
    There are ten Federal Government assignments for coast stations
    communicating with ships at sea, and several Federal Government
    fixed service sites in this band.

5.  In addition, unlicensed devices use the LF spectrum. These systems
    do not have any allocation status, but are authorized to operate
    under our Part 15 rules on an unprotected, non-interference basis
    with respect to all other users. Section 15.209 permits operation of
    authorized unlicensed systems with field strengths of up to 4.9
    microvolts/meter in the 9-490 kHz band. Additionally, Section 15.217
    permits use of the 160-190 kHz band for general unlicensed
    operations limited to one watt total input power to the final radio
    frequency stage (exclusive of filament or heater power) with the
    length of the transmission line, antenna and ground lead not to
    exceed 15 meters. Emissions outside of the 160-190 kHz band must be
    attenuated by at least 20 dB below the level of the unmodulated
    carrier. Section 15.113 permits Power Line Carrier ("PLC") systems
    to operate on power transmission lines for communications important
    to the reliability and security of electric service to the public in
    the 9-490 kHz band.[^12] PLC systems in this frequency band are
    primarily used to trip protection circuits if a fault, such as a
    downed power line, is detected in the power grid.

6.  ARRL requested that a secondary allocation to the amateur service be
    made in the 135.7-137.8 kHz and 160-190 kHz band to permit
    experimentation in the LF frequency range. In the *Notice*, the
    Commission proposed to allocate the 135.7-137.8 kHz band to the
    amateur service on a secondary basis to allow amateur radio
    operators the ability to experiment more freely with propagation,
    antenna design and antenna construction.[^13] The Commission
    indicated that this allocation appeared to be acceptable because the
    incumbent use of the 135.7-137.8 kHz band appeared to be very light,
    and thus a secondary amateur service allocation in this band would
    likely raise few interference concerns. The Commission proposed to
    limit amateur stations operating in the 135.7-137.8 kHz band to an
    effective isotropically radiated power (EIRP) of 1 W and a
    transmission bandwidth of 100 Hz. Because of possible difficulties
    in measuring the EIRP of an amateur station in this frequency range,
    the Commission also proposed to limit amateur transmitter output
    power ("TPO") in this band to 100 W peak envelope power (PEP).[^14]
    The Commission proposed no restrictions on antenna size or design
    for amateur stations in this band because such restrictions would
    inhibit experimentation. The Commission also proposed to limit
    access to this band to amateur operators with General, Advanced or
    Amateur Extra Class licenses. The Commission sought comment on these
    proposals.

7.  In the *Notice*, the Commission expressed concern that amateur
    stations operating in the 160-190 kHz band would pose a potential
    for interference to PLC systems in the 160-190 kHz band, and
    therefore, proposed to decline ARRL's request for an allocation for
    the amateur service in this band.[^15] The Commission noted,
    however, that amateur use of the 160 kHz band may continue on an
    unlicensed, non-interference basis under our Part 15 rules.

8.  The Commission also sought comment on whether the United
    Telecommunications Council ("UTC") PLC database, containing
    information on the location of the PLCs, could be used by amateur
    operators to reduce the likelihood of interference. The Commission
    received comments in response to the *Notice* concerning this band
    from 64 parties and reply comments from 11 parties.

## Comments

9.  [135.7-137.8 kHz band.]{.underline} In general, the amateur
    respondents support the establishment of a new secondary allocation
    for the amateur service in the 135.7-137.8 kHz frequency band. They
    state that such an allocation would provide the opportunity for
    amateur operators to learn about propagation and technology
    previously unavailable to their community, and would permit members
    of this community to develop and retain highly specialized
    skills.[^16] Commenters also unanimously agree that the UTC database
    should not be released for security reasons.

10. Many of the amateur commenters assert that we should not consider
    the existence of Part 15 devices, including PLCs, when we make
    allocation decisions. Galasso, an amateur operator, argues that the
    Commission should not consider requiring a licensed service to
    protect unlicensed operations, and that PLC operators have no legal
    grounds to require protection. Galasso asserts that the "real"
    reason utilities are opposed to the allocation is because of the
    financial impact of replacing PLCs.[^17]

11. Amateur respondents also assert that the security of the national
    power grid is questionable if PLCs are so sensitive to interference
    that the power grid would be disrupted by the proposed amateur
    service.[^18] ARRL submits that its original analysis states that
    the separation distance needed to avoid interference between
    amateurs and PLCs is less than 980 feet for 161 kV lines and less
    than 120 feet for 765 kV lines at an amateur station EIRP of 0.1
    Watt. It further states that interference to amateur stations from
    PLC operations at those distances would be overwhelming,
    discouraging amateur use, so that the interference potential to PLCs
    would be self-limiting.[^19] Chester, Urso and Roehrig claim that
    "experts" have indicated that interference to PLCs would not cause
    widespread power outages.[^20] McVey argues that new
    microprocessor-based relays obviate the need for PLCs; that the PLCs
    are less reliable than an independent path such as microwave, fiber
    optic cable or telephone; and that the importance of PLCs to utility
    companies has been overstated.[^21] McVey further claims that PLCs
    are only used as back up systems and that microwave and fiber optic
    cable are used when reliability is needed.[^22]

12. The utility companies, UTC, and IEEE, disagree with the arguments of
    the amateur community and oppose allocating the 135.7-137.8 kHz band
    to the amateur service on a secondary basis. They are concerned
    about interference to these systems, and state that PLC systems are
    critical to the functioning of the national power grid and that
    amateur operations could cause widespread power outages. Public
    Service Gas and Electric Company (PSG&E) submits that an unplanned
    trip of a relay could result in instability at several power sites,
    and that this instability could result in the generating station
    tripping offline.[^23] Pinnacle West indicates that while redundant
    power schemes are in place, they do not protect against an external
    signal that causes a false trip. It further states that
    Frequency-Shift Keyed (FSK) PLC systems are most vulnerable, since
    the amateur signal could appear on the correct frequency with enough
    signal strength to exceed the receiver's threshold.[^24] In
    additional, UTC points out that the Commission's analysis on the
    number and location of PLCs that could be impacted by the proposed
    action is incorrect. UTC states that most PLCs have a 4 kilohertz
    wide bandwidth, so that the actual number of PLCs that would be
    impacted by the proposed new allocation is about 2000, not 430 as
    indicated in the *Notice*.[^25]

13. Pulsar Communications states that McVey is incorrect in his argument
    that microwave or leased telephone lines are more reliable and
    secure for control of the power network than PLCs because the phone
    lines and microwave circuits use common signal paths that, if the
    bulk path were to be disrupted, could knock out communications for
    several systems on the grid. It claims that the disruption of a
    single PLC disrupts one transmission line, but most lines have more
    than one protective scheme in place. Pulsar also indicates that the
    new relay types are not as accurate as PLCs over a significant
    distance.[^26] IEEE points out that PLCs cost \$100,000 per line,
    whereas fiber optic cable is \$80,000 per mile and would need to run
    the full length of a power line to perform the same function as one
    PLC. It stated that microwave towers can cost \$500,000 per site,
    which covers about 30 miles of flat terrain, and multiple sites are
    needed to cover the entire power line.[^27]

14. Many of the utilities indicate that the new amateur allocation would
    give amateurs the right to demand that interference from a PLC
    system be resolved. Many of them also submit that they would be
    forced to retune or replace their PLCs to avoid causing interference
    to amateur operators. IEEE points out that an amateur newsletter
    from 1998 indicates that using LF in Central California "looks grim"
    because of the emission levels from the power lines.

15. [160-190 kHz band.]{.underline} The utilities, UTC, IEEE, and LF
    Part 15 users such as Bowers and Smick support the tentative
    decision not to allocate this band to the amateur service. The
    utilities agreed that that the number of PLC systems that would be
    impacted by this allocation would be much greater than in the 135
    kHz band. Bowers and Smick, both users of this band under our Part
    15 rules, indicate that ARRL's proposed limits would "wipeout" Part
    15 use in the band. On the other hand, amateur licensees such as
    Urso and Roehrig urge that we consider allocating a 10 kilohertz
    segment of the 160 kHz band for amateur phone and image
    transmissions at the same power levels as proposed for the 135 kHz
    band. They and other amateur operators submit that we should look at
    the example of the Federal Government's Ground-Wave Emergency
    Network (GWEN), which shared this band with PLCs.[^28] They claim
    that GWEN used much higher power than that proposed by ARRL and that
    it successfully shared the band.[^29] However, the IEEE Power
    Systems Relay Committee points out GWEN operations were very
    different from the proposed amateur operations in that the PLCs were
    coordinated with the small number of fixed GWEN sites to avoid
    interference.[^30] IEEE Power Systems Relay Committee points out
    that amateur stations in the 160-190 kHz band could be anywhere in
    the U.S. and would operate on an uncoordinated basis.

## Decision

16. While we agree that amateur experimentation in the 135.7-137.8 kHz
    and 160-190 kHz portions of the LF spectrum could serve to increase
    the pool of individuals having knowledge of LF transmissions, we
    conclude that such operations would pose the potential for harmful
    interference to systems protecting and controlling the national
    power grid. Therefore, we find that a new amateur allocation in the
    LF range of the radio spectrum is not justified when balanced
    against the greater public interest of an interference-free power
    grid. Further, we find that the opportunity to experiment with LF
    operations provided to amateur radio operators under our Part 15
    rules and through our experimental licensing process,[^31] while
    less attractive to amateur operators than their own proposal,
    provides the appropriate means for such use in light of the
    compelling uses in the band.[^32]

17. We disagree with ARRL's and the amateur operators' assertions
    concerning the consideration we should accord incumbent Part 15 use
    in these bands in deciding whether to provide an allocation for
    amateur services. Our decision must be based upon the facts at hand
    and our evaluation of any potential changes to the spectral
    environment due to our decision. In evaluating whether new
    operations should be added to a band, licensed or not, we must
    consider the potential for interference conflicts between the
    operations. While unlicensed PLC operations have no protection
    status, they provide a vital public service. Therefore, we disagree
    with amateur comments that we should not consider the impact on
    unlicensed operations when making spectrum allocation decisions.

18. We note the significant potential for interference between the
    proposed amateur operations and the incumbent PLCs. ARRL concedes
    that amateur operations and power lines with attached PLCs would
    have to be separated in order to prevent interference. We find that
    separation distances on the order of 950 meters would be necessary
    to protect the PLCs from interference. We also find that this
    distance, coupled with the larger-than-expected number of PLCs
    potentially impacted by this proposed allocation, increases the
    likelihood that a PLC-equipped powerline will be close enough to an
    amateur station to receive interference. We will not jeopardize the
    reliability of electrical service to the public.

19. We believe that the utility companies have raised a valid concern
    that an allocation to the amateur service could result in the need
    for PLCs to modify or cease their operations to avoid causing
    interference to amateurs. Amateur operators have expressed concern
    that there may be interference to their operations from the power
    lines and from PLC devices, and ARRL's statement that interference
    to amateur stations from PLC operations at the distances indicated
    in paragraph 18, will be overwhelming confirms this claim. While it
    appears that other techniques could be used to control the power
    grid, we find that the utility companies have come to rely on PLC
    systems for monitoring and control of the power grid, and that the
    alternatives suggested by McVey and others may not be as effective,
    and would be costly. We are persuaded that the costs of replacing
    PLC systems would be significant, would be disruptive to the public,
    and is not justified merely to open this band to amateur use on a
    secondary basis.

20. Accordingly, we decline to make an allocation to the amateur service
    in the LF spectrum at this time. As indicated above, we do believe
    there is potential for some limited operation in these bands under
    individual experimental licenses. Operations at LF under our
    experimental license program will allow amateur use to be
    coordinated with utility companies on a case-by-case basis, and
    allow empirical data to be developed on the sharing possibilities in
    this band for future consideration. In addition, amateurs may still
    make use of the 160-190 kHz band under our Part 15 rules, which are
    much more restrictive, and therefore more protective of PLCs, than
    the limits proposed in the *Notice*.[^33]

# 5250-5400 kHz Band (RM-10209) {#khz-band-rm-10209 .unnumbered}

## Background and Summary of Proposal

21. The 5250-5400 kHz band is part of the high-frequency ("HF")
    frequency region[^34]. Internationally, in all three ITU Regions,
    the band 5250-5400 kHz is allocated on a primary basis to the fixed
    service, and on a secondary basis to the mobile, except aeronautical
    mobile, service. There is currently no international amateur service
    allocation in this band.

22. In the United States, the 5250-5400 kHz band is allocated to the
    fixed service on a primary basis for Federal Government and
    non-Federal Government use and on a secondary basis to the mobile,
    except aeronautical mobile, service. In addition, footnote US340 to
    the U.S. Table of Frequency Allocations permits Federal and
    non-Federal Government maritime and aeronautical mobile stations to
    use bands in the 2-30 MHz region for measuring the quality of
    reception on radio channels on a secondary, non-interference basis;
    however, actual communication by these stations is limited to
    frequencies specifically allocated to these services. The band is
    primarily used by the United States Government for ship-to-shore and
    fixed point-to-point communications. There is also a limited amount
    of non-Federal Government use. In addition, on January 8, 1999, the
    Commission granted an experimental license to ARRL for 15 stations
    to compare communications reliability between the 3500-4000 kHz,
    5100-5450 kHz and 7000-7300 kHz bands.[^35]

23. In the *Notice*, the Commission proposed to establish a secondary
    allocation to the amateur radio service in the 5250-5400 MHz band in
    response to ARRL's Petition for Rulemaking.[^36] ARRL stated that an
    allocation in the 5250-5400 kHz band would enhance amateur emergency
    communications and experimentation in the HF range when propagation
    conditions are not favorable for communication in the 3000 kHz and
    7000 kHz bands. In making this proposal, the Commission stated that
    it appears that amateur radio operators should be able to avoid
    interference to primary operations in this band due to the limited
    numbers of primary assignments.[^37] In addition, the Commission
    indicated that the operational protocol of "listen before transmit"
    employed by amateur radio operators could further minimize
    interference, and asked whether use of this technique should be
    explicitly required in the rules in order to protect the primary
    operators in the 5250-5400 kHz band. The Commission also proposed to
    limit the output power of the amateur stations in this band to 1500
    W peak envelope power ("PEP"), as requested by ARRL. The Commission
    invited comments as to whether the 5250-5400 kHz band should be
    restricted to Amateur radio operators with an Amateur Extra Class
    license to better ensure compatible sharing with the Federal
    Government operations.[^38] The Commission also invited comment on
    whether these power limit and operator license requirements would be
    sufficient to prevent interference to primary users, and whether an
    EIRP limit or other means to reduce interference would be
    appropriate for this frequency band.

24. Further, the Commission noted that ARRL's petition did not discuss
    sub-banding, that ARRL's suggested rules would allow all emission
    types to use the entire band, and that several commenters suggest
    that sub-banding would be useful.[^39] The Commission requested
    comment on whether sub-banding is necessary and/or appropriate for
    the 5000 kHz band.

## Comments

25. We received comments concerning the proposals for the 5250-5400 kHz
    band from 214 parties and reply comments from 9 parties. All parties
    but four support the proposal for a new secondary allocation in the
    5250-5400 kHz frequency band for emergency communication and
    experimentation when the 3000 kHz and 7000 kHz bands are not
    available due to unfavorable propagation conditions. The supporters,
    mostly amateur licensees, vary in their views regarding the
    technical requirements to be imposed upon this band, but did not
    elaborate on their rationale for their views. Many of the supporters
    want the band open to General Class, Advanced Class and Amateur
    Extra Class license class holders;[^40] others want the band limited
    to Amateur Extra Class license holders only.[^41] Many of the
    commenters support output power levels between 100-250 W PEP,[^42]
    others recommend ARRL's proposed 1500 W PEP.[^43] Several of the
    commenters oppose an EIRP limit, and no commenter supports one.[^44]
    The commenters are split on whether the band should be divided
    according to transmission types.[^45] The group supporting
    sub-banding asserts that Amplitude-Modulated (AM) Single-side band
    (SSB) voice transmissions will cause interference to Continuous Wave
    (CW) and data transmissions and therefore these transmission types
    should be separated into different sub-bands. Those opposing
    sub-banding claim that much of the CW and data sub-bands in other
    amateur allocations are underutilized, and that many other nations
    are eliminating their sub-bands. Representatives of the amateur
    community agree that codifying the listen-before-transmit protocol
    is not necessary, as it is well ingrained in amateur practice.

26. In opposition, the United Power Line council (UPLC) argues that the
    5000 kHz band is one of a number of frequency bands that may be used
    for providing broadband services via the power line carrier systems.
    These new services will use new technology to deliver broadband
    internet and communications via the power lines using multiple
    carriers throughout the HF spectrum. UPLC claims that any action
    making the 5250-5400 kHz band available for amateur use should
    account for the potential impact on future Part 15 broadband Power
    Line Carrier systems, and that the Commission should defer action on
    this band until the impact can be fully assessed. UPLC alleges that
    the inconvenience of a delay is unavoidable because it has not had
    the opportunity to work with the amateur interests.[^46] UPLC
    requests that, should we make this allocation, we limit the TPO in
    the 5250-5400 kHz band to 1500 W PEP and restrict access to Amateur
    Extra Class licensees. In addition, UPLC suggests that we consider
    adopting antenna height limits and out-of-band emission requirements
    for amateur operations in this band.[^47] The Power Line Carrier
    Association (PLCA) agrees with the arguments of UPLC and contends
    that its members would need to notch out the 5250-5400 kHz band if
    amateur operations are permitted in that band, or face the
    possibility that they will have to discontinue operation if
    interference were caused to amateur operations. PLCA also requests
    that we dismiss ARRL's petition or delay action on it until
    utilities have the opportunity to complete testing on the new PLC
    devices.[^48]

27. The Homeplug Powerline Alliance (Homeplug) requests that we grant a
    "safe harbor" for a period of 10 years for consumer equipment
    currently meeting Part 15 standards, so that their equipment will be
    free from interference complaints.[^49] Under the "safe harbor"
    Homeplug seeks, Part 15 equipment operating in accordance with our
    rules would be deemed as not causing interference to licensed
    services. Homeplug indicates that it has notched out all of the
    other amateur bands, and that the time delay between the
    availability of the allocation and new amateur equipment will give
    them the opportunity to work with the amateurs to determine whether
    a problem exists.

28. In its reply comments to Homeplug, ARRL asserts that Homeplug's
    devices have caused interference to amateur operations in other
    bands in the past, and expects that this will be the case in the
    5250-5400 kHz band as well. ARRL further claims that Homeplug's
    request for a 10-year safe harbor is illogical because Homeplug is
    asking for relief from the non-interference basis that its members
    currently operate under, and that licensed services should not have
    to avoid interference from Part 15 devices.[^50] Concerning PLCA's
    comments, ARRL states that this organization was not formed until
    the year 2002, and that we should not delay this proceeding because
    studies of future systems are incomplete. ARRL argues that "no Part
    15 manufacturer is entitled to oppose an allocation to a licensed
    radio service based on future deployment of an unlicensed
    device."[^51]

29. The National Telecommunication and Information Administration (NTIA)
    objects to the proposed 5250-5400 kHz allocation. NTIA states that
    this band is extensively used by federal agencies, and that they
    need immediate access to these HF frequencies in times of
    emergency.[^52] NTIA states that the proposal does not offer any
    procedure for a federal agency to immediately reclaim a frequency
    for emergency use once amateur operations have been established, nor
    would our existing complaint process resolve interference to federal
    emergency operations in real time. NTIA submits that some amateur
    operators using some of the modes of operation proposed in the
    *Notice* may not be able to hear or recognize a federal station's
    attempt to communicate because of the difference in modulation
    types, thus the "listen-before-transmit" protocol proposed would not
    avoid causing harmful interference in all instances. In addition,
    NTIA indicates that some federal agencies in this HF band use
    automatic link establishment (ALE) systems that sample channels
    periodically to determine channel availability. It states that
    amateur operations on these channels would preclude ALE systems from
    sampling a channel successfully for the necessary propagation data,
    thereby eliminating an otherwise usable channel from the agency's
    frequency list. NTIA further submits that small Coast Guard vessels
    utilize low powered HF systems with inefficient antenna, and may be
    forced to use less optimal frequencies to perform search and rescue
    operations if an amateur station is using the HF channels in this
    band.

30. To accommodate some amateur operations in this band, NTIA
    subsequently proposed that five specific frequencies, 5332 kHz, 5348
    kHz, 5368 kHz, 5373 kHz and 5405 kHz, be made available to the
    amateur service on a secondary basis.[^53] NTIA further proposes
    that the amateur transmissions on these frequencies be limited to
    single sideband (upper side band), suppressed carrier (SSB-SC) voice
    (emission designator 2K86J3E) centered around the above frequencies,
    and must not exceed the equivalent of 50 W PEP transmitter output
    power into an antenna with a gain of 0 dBd. NTIA explains that these
    limited frequencies and technical limits would permit sharing in
    this limited spectrum.

## Decision

31. We believe that frequencies in the 5250-5400 kHz range may be useful
    for completing disaster communications links at times when the 3 and
    7 MHz bands are not available due to ionospheric conditions, and
    appreciate the desire of the amateur radio community to assist with
    disaster communications. At the same time, since the majority of the
    affected users are Federal Government licensees with homeland
    security responsibilities, we give considerable weight to the
    concerns NTIA has expressed about the potential for interference to
    these users. Thus, we conclude that it is not reasonable to grant
    ARRL's original request for the whole of the 5250-5400 kHz band.
    However, as indicated above, NTIA has reviewed its assignments and
    has found that 5 channels are lightly used and could be used on a
    secondary basis by amateur stations. While we recognize that these
    five channels will not give the amateur service the 150 kilohertz of
    spectrum in the 5000 kHz range it originally asked for or the
    flexibility to use multiple transmission modes, this appears to be
    the best compromise available to give the amateur service access to
    new spectrum while assuring the Federal Government agencies that
    their use is protected. We also concur with NTIA's basic proposals
    that amateur service operations on these channels be limited to
    SSB-SC modulation, upper sideband voice transmissions only, with
    power not to exceed equivalent of 50 W PEP transmitter output power
    into an antenna with a gain of 0 dBd, or 50 W e.r.p. These operating
    rules will decrease the interference potential between amateur
    stations and Federal Government users. Accordingly, we are amending
    sections 2.106, and 97.303 of our rules to provide a secondary
    allocation to the amateur service on the channels 5332 kHz, 5348
    kHz, 5368 kHz, 5373 kHz and 5405 kHz as specified by NTIA, and to
    require that amateur operations be limited to an effective radiated
    power (e.r.p.) of 50 W, and emission type 2K8J3E, upper sideband
    voice transmissions only centered on each frequency.[^54] For the
    purpose of computing e.r.p. the transmitter peak envelope power will
    be multiplied with the antenna gain relative to a dipole or the
    equivalent calculation in decibels. A half wave dipole antenna will
    be presumed to have a gain of 0 dBd. Licensees using other antennas
    must maintain in their station records either manufacturer data on
    the antenna gain or calculations of the antenna gain. In addition,
    because we are permitting amateur stations to transmit on 5 discrete
    frequencies and limiting the transmission mode to single sideband
    only, dividing the band into smaller sub-bands to be used for other
    emission types is not practical or necessary. Lastly, we will permit
    these frequencies to be used by amateur service licensees with a
    General Class, Advanced Class, or Amateur Extra Class operator
    license. We believe that the limited number of frequencies and the
    emission restriction will protect against interference to primary
    service operations.

32. Because the broadband PLCs would be new services operating in new
    frequency bands and are not yet deployed, we do not have the same
    concerns as with the incumbent PLC systems in the 160-190 kHz band.
    Because these new PLC systems are still in development we expect
    that they can be designed to be compatible with the other operations
    in this band, and we deny the UPLC and PLCA request to delay action
    on this proceeding. The power levels we are adopting are 1/30^th^ of
    the power levels supported by the UPLC and the ERP restriction
    provides a limit to the antenna height.[^55] We believe that the
    permitted ERP limitation will significantly reduce the possibility
    of interference to and from broadband PLCs. Because the allowable
    power level will be very low, we do not believe that we need
    additional out-of-band emission limits for amateur operations in
    this band.

33. Finally, we deny Homeplug\'s request for a 10-year safe harbor.
    Unlicensed devices operated in accordance with the Part 15 rules
    should not cause interference to licensed, allocated services. It is
    not apparent that there will be significant interference from
    Homeplug devices, whose signals attenuate quickly, to ARRL
    operations on these frequencies, which are expected to be sporadic.
    There is ample alternative spectrum on which Homeplug devices can
    operate. As a practical matter, we would expect amateur services to
    take into account the extant Homeplug devices, although they are not
    required to do so.

# 2400-2402 MHz Band (RM-9949) {#mhz-band-rm-9949 .unnumbered}

## Background and Summary of Proposal

34. Internationally, in all three ITU Regions, the band 2300-2450 MHz is
    allocated on a co-primary basis to the fixed and mobile services and
    on a secondary basis to the amateur service. In addition, this band
    is allocated to the radiolocation service on a co-primary basis in
    ITU Regions 2 and 3, and on a secondary basis in Region 1. Further,
    in all three ITU Regions, industrial, scientific and medical ("ISM")
    devices operate in the 2400-2500 MHz band and other
    radiocommunication services operating in this band must accept
    interference caused by ISM devices.[^56] Typical ISM applications
    include microwave ovens and devices used for the production of
    physical, biological, or chemical effects such as heating,
    ionization of gases, mechanical vibrations, hair removal and
    acceleration of charged particles. The amateur-satellite service is
    also permitted in the 2400-2450 MHz band on a non-harmful
    interference basis and administrations must ensure that any harmful
    interference created by amateur-satellite operations is
    eliminated.[^57]

35. Prior to August 10, 1995, the 2400-2402 MHz band was allocated
    domestically to Federal Government radiolocation operations[^58] on
    a primary basis and to the amateur service on a secondary basis with
    amateur-satellite operations permitted on a non-harmful interference
    basis. However, pursuant to the Omnibus Budget Reconciliation Act of
    1993 ("OBRA-93"),[^59] the NTIA identified the 2390-2417 MHz band
    for transfer from shared use to exclusive non-Federal Government use
    spectrum.[^60] Any Federal Government operations in the 2400-2402
    MHz band after August 10, 1995, operate on a non-interference basis
    to non-Federal Government uses.[^61] This reallocation did not
    affect the operation of the amateur service on a secondary basis or
    the operation of amateur-satellite service on a non-harmful
    interference basis ("NIB") in the 2400-2450 MHz band. Domestically,
    ISM operations are also permitted throughout the 2400-2500 MHz band
    under the provisions of footnote 5.150 to the Table of Frequency
    Allocations and Part 18 of the Commission's rules. Unlicensed Part
    15 transmitting devices are also permitted in the 2400-2483 MHz band
    on a non-harmful interference basis.[^62] These devices are used for
    a variety of operations including cordless phones, wireless local
    area networks, and other broadband wireless applications using
    industry standards protocols such as IEEE 802.11b and
    Bluetooth.[^63]

36. On November 18, 1999, the Commission adopted a *Policy Statement*
    that set forth guiding principles for its spectrum management
    activities for the new millennium.[^64] In considering the bands
    transferred from Federal Government use, the *Policy Statement*
    stated that the 2400-2402 MHz band should be placed into a spectrum
    reserve for future applications. Specifically, the *Policy
    Statement* indicated that existing ISM and unlicensed usage of the
    band would restrict new services given current spectrum sharing
    techniques. Therefore, the band would be reserved until new
    technologies or other changes would increase the opportunity for new
    operations and the Commission would be receptive to petitions for
    reallocation of the reserved bands.

37. In the *Notice,* the Commission proposed to upgrade the allocation
    for the amateur service in the 2400-2402 MHz band from secondary
    status to primary status and to add a primary allocation to the
    amateur-satellite service in this band in response to ARRL's
    Petition for Rulemaking.[^65] In the *Notice,* the Commission noted
    that primary or secondary allocations in ISM bands must accept
    interference from, and not hinder the use of, ISM equipment.[^66]
    Because of the heavy use of the 2400-2483.5 MHz band by Part 15
    devices, the Commission requested comment on whether the proposed
    primary amateur and amateur-satellite service allocations would
    conflict with incumbent unlicensed use of the band. The Commission
    also proposed to maintain unchanged the Part 97 amateur technical
    rules for this band.

## Comments

38. ARRL, Radio Amateur Satellite Corporations (AMSAT) and other amateur
    radio operators support the proposed allocations for the 2400-2402
    MHz band. ARRL states that the proposed upgrade of the amateur
    service to primary status and the addition of a primary amateur
    satellite service allocation would protect the existing amateur
    satellite service operations and provide some assurance of the
    future availability of this spectrum.[^67] AMSAT adds that
    allocating frequencies at the edge of the ISM band would create a
    reasonable sharing opportunity for amateurs. AMSAT further points
    out that it expects a technical challenge in dealing with
    interference from collocated ISM devices such as microwave ovens
    found in most residences, but that residential operation is
    intermittent and that should minimize the occurrences of
    interference.[^68] Amateur Radio Research and Development
    Corporation (AMRAD) and Gibbons agree that the proposed allocation
    actions would encourage increasing use and investment in amateur
    satellites.[^69] Umina points out that amateurs are beginning to
    build network links in the 2.4 GHz band and that a portable station
    could relay information to authorities coordinating disaster
    relief.[^70]

39. ARRL and CQ Communications are concerned that the proposal as set
    forth in the *Notice* appears to imply that unlicensed users may
    have priority over licensed users of this band. CQ argues that
    licensed services should always have priority over unlicensed
    operations on the use of the bands involved and it is concerned that
    the Commission "appears to be placing the needs of unlicensed
    services on a par with those of licensed services.[^71] ARRL states
    that the amateur service now has status in the 2400-2402 MHz band
    and the apparent concern that this proposed allocation change will
    conflict with Part 15 devices is illogical because Part 15 devices
    operate without any allocation status and cannot operate when they
    cause interference to any licensed station. [^72]

40. The IEEE Local and Metropolitan Area Networks Standards Committee
    (IEEE 802) opposes the proposed allocation of the 2400-2402 MHz band
    for amateur and amateur satellite use. It states that they are
    concerned that, if the proposed amateur allocations are made, ARRL
    will attempt to use the new amateur primary status to raise
    challenges to Part 15 unlicensed operation in the 2400-2402 MHz
    band.[^73] In reply comments, the Licensed Exempt Association (LEA)
    states that the inquiry into the potential conflict of the proposed
    allocations with unlicensed operations was an attempt to determine
    whether the current technical rules for the 2400-2402 MHz band are
    adequate to optimize sharing of the band.[^74] IEEE 802 suggests
    that sharing with Part 15 devices could be facilitated by limiting
    the amateur-satellite operations to the Space-to-Earth direction, as
    is done on the AMSAT-OSCAR-40 satellite,[^75] because aggregate
    interference from other users in the band could increase the
    possibility of interference to sensitive receivers on board the
    satellites.[^76] IEEE 802 points out that because of the low power
    of Part 15 devices, only those devices located near an amateur earth
    station would present any possibility of interference. It further
    states that, since amateur earth stations use directional antennas
    aimed at the satellite, most Part 15 devices would be in a sidelobe
    of the antenna, further reducing the probability of
    interference.[^77]

41. IEEE 802 also requests that we establish a "safe harbor" for Part 15
    devices in the 2400-2402 MHz band similar to that created at 902
    MHz.[^78] Under this approach, a Part 15 device would, by
    definition, not be considered to be causing interference if it
    operates in accordance with the Part 15 rules. IEEE 802 argues that
    this safe harbor would preclude recurrent challenges from the
    amateur community, as well as unreasonable assertions of
    interference to future amateur service or amateur satellite services
    which may be designed without adequate consideration of other
    technical uses of the band.[^79] It further asserts that the large
    number of Part 15 users compared to the low number of licensed
    amateurs justifies providing this protection.[^80] LEA supports the
    IEEE 802's suggestions for a "safe harbor" and a limit on the
    amateur-satellite use to downlinks only.

42. In reply comments, ARRL and AMSAT oppose the IEEE 802 proposals for
    facilitating sharing between amateur and unlicensed operations in
    the 2400-2402 MHz band. ARRL states that IEEE 802's proposed "safe
    harbor," is unnecessary because individual Part 15 devices cannot
    continue to operate where interference is caused to any licensed
    station. ARRL does not agree that the amateur-satellite allocation
    should be limited to the downlink direction only because it fails to
    consider the existing and future satellite operation in this band.
    AMSAT argues that IEEE 802 does not consider that the 2400-2450 MHz
    band is the only amateur-satellite service allocation with a
    bandwidth of 50 megahertz below 10 GHz. AMSAT states that the 2400
    MHz band is superior to higher bands for amateur satellite use
    because it is more cost-effective to generate power at lower
    frequencies.[^81]

## Decision 

43. We are upgrading the existing amateur service (except
    amateur-satellite service) allocation at 2400-2402 MHz from
    secondary to primary status. This modification will provide
    additional protection to the amateur service in this band from
    future licensed operations. The allocation changes we are making
    will not alter the interference protection rights among the current
    users of the band. Even under the current secondary allocation,
    amateur services are entitled to interference protection from Part
    15 devices, and ISM devices are entitled to protection from both
    amateur operations and Part 15 devices.[^82] These relationships
    will remain the same under the amateur service primary allocation.
    We observe that the amateur operators have successfully shared this
    band with Part 15 and Part 18 operations and we have no reason to
    believe that this sharing will not continue to be successful. Part
    15 devices are limited in power and this interference potential from
    them is limited to an area very close to their transmit location. We
    therefore modify rule sections 2.106, 97.303(j)(2)(iii) and 97.303
    (j)(2)(iv) to provide a primary allocation for the amateur service
    (except amateur-satellite service), consistent with our decision
    here.[^83]

44. Our analysis regarding an amateur-satellite service allocation at
    2400-2402 MHz differs from the case of terrestrial use in this band.
    The amateur-satellite service currently operates on a NIB to other
    services under international footnote 5.282, not on a secondary
    basis as some parties suggest.[^84] This means that these operations
    are on an equal footing with Part 15 devices. As both the amateur
    and unlicensed proponents recognize, the sensitivity of amateur
    satellite receivers makes them more vulnerable to aggregate
    interference from other users in this band. The 2400-2402 MHz band
    is heavily used by both Part 15 and Part 18 devices, and, unlike
    terrestrial amateur operations, amateur satellite receivers are at
    greater risk from aggregate interference. We thus conclude that an
    allocation for the amateur-satellite service would be impractical
    and difficult to implement, given the protection status afforded ISM
    devices and the large number of Part 15 devices that operate in the
    band. Further, maintaining NIB status for the amateur-satellite
    service in this 2 megahertz band is consistent with the NIB status
    that an amateur satellite system would operate under from 2400-2450
    MHz, so amateur satellite use of this band is not prejudiced by our
    decision. Because we are maintaining NIB status for the
    amateur-satellite service, we will not place any restrictions on
    these operations (e.g., downlink only operation as some parties
    suggest).

45. Although ARRL is correct that unlicensed users do not have
    protection rights vis-à-vis licensed users in a band, it is
    incorrect when it asserts that we need not consider unlicensed use
    of this band when deciding whether to modify the allocation. The
    issue here, as discussed above, is whether different uses are
    compatible and promote efficient use of spectrum. This analysis
    requires that we consider both licensed and unlicensed use. We
    conclude that, in the 2400-2402 MHz band, the status quo provides
    the best mix of uses to promote spectrum efficiency. The extensive
    use of the band to date by Part 15, Part 18 and amateur users under
    the existing rules supports this conclusion. ARRL's suggestion to
    license those devices that have the potential to cause interference
    to licensed services does not alter our analysis. Even among
    licensed services, we consider whether uses are compatible and
    promote efficient use of spectrum. ARRL's approach would merely have
    us identify the priority between the amateur service and another
    licensed service.

46. We also conclude that, because we are maintaining the relative
    allocation status in this band, it is not necessary to implement a
    "safe harbor" for Part 15 devices. Unlicensed devices operated in
    accordance with the Part 15 rules should not cause interference to
    the amateur service, and amateur services can take into account
    these well known technical characteristics used by unlicensed
    devices as they operate in the band. The amateur service and
    unlicensed devices have successfully shared this band in the past,
    and we have no reason to conclude that these sharing arrangements
    will not continue to be successful.

#  Procedural matters {#procedural-matters .unnumbered}

47. *Final Regulatory Flexibility Certification*. As required by Section
    603 of the Regulatory Flexibility Act, 5 U.S.C. § 603, the
    Commission has prepared a Final Regulatory Flexibility Certification
    the possible significant economic impact of the proposals contained
    in this document on a substantial number of small entities. This
    certification declares that there is no significant economic impact
    on small entities because the amateur radio operators are
    individuals precluded from using this spectrum for commercial
    purposes, and therefore do not fit the definition of a small entity.
    In addition, the rules proposed simply make additional spectrum
    available to the amateur radio service and do not impose any
    additional fees, costs, or compliance burdens on an amateur radio
    operator. The Certification is set forth in **Appendix B.**

48. For further information regarding this Report and Order, contact
    Thomas Derenge, Office of Engineering and Technology, (202)
    418-2451, e-mail [tderenge@fcc.gov](../tderenge@fcc.gov).

# ORDERING CLAUSES {#ordering-clauses .unnumbered}

49. Accordingly, IT IS ORDERED that pursuant to Sections 1, 4, 301,
    302(a), and 303(c) and (f), of the Communications Act of 1934, as
    amended, 47 U.S.C. Sections 151, 154, 301, 302(a), and 303(c) and
    (f), this REPORT AND ORDER is hereby ADOPTED.

50. IT IS ALSO ORDERED that Parts 2 and 97 of the Commission's Rules ARE
    AMENDED as specified in Appendix C, and such rule amendments shall
    be effective 30 days after publication in the Federal Register.

51. IT IS ALSO ORDERED that the Commission's Consumer and Governmental
    Affairs Bureau, Reference Information Center, SHALL SEND a copy of
    this REPORT AND ORDER, including the Final Regulatory Flexibility
    Certification, to the Chief Counsel for Advocacy of the Small
    Business Administration.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

APPENDIX A: List of Commenting Parties

+------------------------+------------------------+--------------------+
| Adam M. Farson         | Glenn R. Slaton Jr.    | Oscar Emanuel      |
|                        |                        | Sanden             |
+------------------------+------------------------+--------------------+
| Al Tirevold            | Gregory L. Hanson      | Patricia A. Colvin |
+------------------------+------------------------+--------------------+
| Alan Fryer             | Hamilton E. Hicks      | Patrick E. Brown   |
+------------------------+------------------------+--------------------+
| Alan J. Wormser        | Harry A. Hodges        | Patrick E. Hamel   |
+------------------------+------------------------+--------------------+
| Allan Kruger           | Henry J. Borawski      | Paul D. Sergi      |
+------------------------+------------------------+--------------------+
| Amateur Radio Research | Holger Kinzel          | Paul Harden        |
| and                    |                        |                    |
|                        |                        |                    |
| Development            |                        |                    |
| Corporation (AMRAD)    |                        |                    |
+------------------------+------------------------+--------------------+
| Amateur Radio          | Home Plug Powerline    | Paul R. Goemans    |
| Satellite Corporation  | Alliance               |                    |
+------------------------+------------------------+--------------------+
| Andrew E. Howard Sr.   | Howard D. Rubin        | Paul R. Goodman    |
+------------------------+------------------------+--------------------+
| Anthony G. Angerame    | Hugh Inness-Brown      | Paul S. Courson    |
+------------------------+------------------------+--------------------+
| Anthony Tran           | IEEE 802               | Paul W. Cavnar     |
+------------------------+------------------------+--------------------+
| Arjun Chatterjee       | IEEE/Power Systems     | Peter Burbank      |
|                        | Relay Committee (Mark  |                    |
|                        | Simon, Chairman)       |                    |
+------------------------+------------------------+--------------------+
| Arnold P. Stein        | J. S. MacDonald        | Peter J. F. Shaw   |
+------------------------+------------------------+--------------------+
| ARRL                   | James Moritz           | Philip E. Galasso  |
+------------------------+------------------------+--------------------+
| Art Pighting           | James Kennedy          | Philip Lazar       |
+------------------------+------------------------+--------------------+
| Benjamin T. Morris     | James A. Nitzberg      | Pinnacle West      |
+------------------------+------------------------+--------------------+
| Bill Everett           | James C. Fletcher      | Power Line         |
|                        |                        | Communications     |
|                        |                        | Association (PLCA) |
+------------------------+------------------------+--------------------+
| Bill Ramsey            | James E. Fuller        | Public Service     |
|                        |                        | Electric and Gas   |
|                        |                        | Company            |
+------------------------+------------------------+--------------------+
| Bill Rowlett           | James E. Price Jr.     | Pulsar             |
|                        |                        | Communications     |
+------------------------+------------------------+--------------------+
| G. Robert Thacker      | James E. Whedbee       | Quarter Century    |
|                        |                        | Wireless           |
|                        |                        | Association        |
+------------------------+------------------------+--------------------+
| Brian P. Mileshosky    | James H. Young         | Ray Yakesh         |
+------------------------+------------------------+--------------------+
| Bruce Moyer            | James K.Jarvis         | Raymond R. Conners |
+------------------------+------------------------+--------------------+
| Bruce J. Howes         | James L. Anderson      | Rich Eyre          |
+------------------------+------------------------+--------------------+
| California ISO         | James Scott Hill       | Richard            |
|                        |                        | Brittingham        |
+------------------------+------------------------+--------------------+
| Carl B. Black          | James A. Wades         | Richard C. Young   |
+------------------------+------------------------+--------------------+
| Carl Seyersdahl        | Jan A. Tarsala         | Richard Frey       |
+------------------------+------------------------+--------------------+
| Cecilio Bayona         | Jeffrey D. Chambers    | Richard Illman     |
+------------------------+------------------------+--------------------+
| Charles Green          | Jeffrey T. Briggs      | Rick McKee         |
+------------------------+------------------------+--------------------+
| Charles L. Greeno      | Jerry L. Ford          | Robert H. Wilder   |
+------------------------+------------------------+--------------------+
| Charles R. Mabbott Sr. | Jerry Rogich           | Robert J. Roehrig  |
+------------------------+------------------------+--------------------+
| Charles P. Adkins      | Jess Colvin            | Robert L. Bingham. |
+------------------------+------------------------+--------------------+
| Charles T. Rauch       | J. W. Schnaidt         | Robert T. Bohrer   |
+------------------------+------------------------+--------------------+
| Charles Vest           | Joanne C. Thompson     | Roger V. Thompson  |
+------------------------+------------------------+--------------------+
| Charles W. Shaw        | John Brewer            | Ron Grandmaison    |
+------------------------+------------------------+--------------------+
| Christopher Kent       | John C. Holliman       | Ronald Wetjen      |
+------------------------+------------------------+--------------------+
| Central Iowa Power     | John Chamberlain       | Ronald Young       |
| Cooperative (CIPCO)    |                        |                    |
+------------------------+------------------------+--------------------+
| Courtney B. Duncan     | John E. Sweeney        | Ronald Zond        |
+------------------------+------------------------+--------------------+
| CQ Communications      | John Getz              | Roy Koeppe         |
+------------------------+------------------------+--------------------+
| D. B. Vaughan          | John Goller            | Scott A. Littfin   |
+------------------------+------------------------+--------------------+
| Daniel Richard Tayloe  | John Huggins           | Scott Freeberg     |
+------------------------+------------------------+--------------------+
| Daniel L. Jeswald      | John P. Russo          | Scott Pederson     |
+------------------------+------------------------+--------------------+
| Danny C. Douglas       | John S. Hirth          | Scott E. Robbins   |
+------------------------+------------------------+--------------------+
| Darrel D. Swenson      | John S. Rippey         | Seabury A. Lyon    |
+------------------------+------------------------+--------------------+
| Darrell Upson          | John Silberman         | Shoukat Khan       |
+------------------------+------------------------+--------------------+
| Dave Bowker            | John Sullivan          | Stan Wilson        |
+------------------------+------------------------+--------------------+
| David Metzger          | John Wagner            | Stephen B. Miller  |
|                        |                        | Jr.                |
+------------------------+------------------------+--------------------+
| David C. Axe           | John Wilson            | Stephen Bertsch    |
+------------------------+------------------------+--------------------+
| David L. Thompson      | John Zitzelberger      | Stephen F. Baron   |
+------------------------+------------------------+--------------------+
| David Lininger         | Jon M. Pollock         | Steve Schroeder    |
+------------------------+------------------------+--------------------+
| David Muntyan          | Joseph Cro             | Steven James       |
|                        |                        | Robeson            |
+------------------------+------------------------+--------------------+
| Dennis J. Ponsness     | Joseph Falcone         | Stuart Satrun      |
+------------------------+------------------------+--------------------+
| Donald A. Olejnik      | Juan P. Ferrari        | Theodore E. Drake  |
+------------------------+------------------------+--------------------+
| Donald B. Chester      | Julius B. Chiller      | Thomas Butchers    |
+------------------------+------------------------+--------------------+
| Donald B. Hall         | Karl M. Schulte        | Thomas Cooper      |
+------------------------+------------------------+--------------------+
| Donald F. Birk Sr.     | Keith Hunt             | Thomas Jennings    |
+------------------------+------------------------+--------------------+
| Donald R. Bozarth      | Kenneth A. Hubbard     | Thomas Popovic     |
+------------------------+------------------------+--------------------+
| Doug R. Dunn           | Kenneth N. Allen       | Thomas R. Gibbons, |
|                        |                        | J.D.               |
+------------------------+------------------------+--------------------+
| Douglas E. Person      | Kenneth R. Wezeman     | Thomas R. Isgro    |
+------------------------+------------------------+--------------------+
| Dwight W. Smith        | Larry Robison          | Timothy West       |
+------------------------+------------------------+--------------------+
| Ed Santavicca          | Larry D. Tyree         | Timothy J.         |
|                        |                        | Pettibone          |
+------------------------+------------------------+--------------------+
| Emmett E. Brooks       | License Exempt         | Tim Smith          |
|                        | Alliance               |                    |
+------------------------+------------------------+--------------------+
| Entergy Corporation    | Leonard J. Umina       | Timothy McDonough  |
| (Dan Glaser)           |                        |                    |
+------------------------+------------------------+--------------------+
| Eric Martin            | Lloyd Chastant         | Todd M. Carpenter  |
+------------------------+------------------------+--------------------+
| Exelon Corporation     | Louis B. Burke Jr.     | Thomas G. Azlin    |
+------------------------+------------------------+--------------------+
| Ford A. Peterson       | Lynn and Rosie Lamb    | Troy W. Ballard    |
+------------------------+------------------------+--------------------+
| Frank A. Lynch         | Marco A. Wikstrom      | United Telecom     |
|                        |                        | Council (UTC)      |
+------------------------+------------------------+--------------------+
| Frank A. Todd          | Mark A. Graves         | W. Lee McVey, P.E. |
+------------------------+------------------------+--------------------+
| Frederick C. Gantzer   | Mark S. Bell           | Wade Anderson      |
+------------------------+------------------------+--------------------+
| Fredrick A. West       | Mark W. Kahrs, PhD.    | Walt Amos          |
+------------------------+------------------------+--------------------+
| Gareth B. Guadette     | Michael Brooks         | Walter Duffrain    |
|                        |                        | Jr.                |
+------------------------+------------------------+--------------------+
| Garey Barrell          | Michael Bucklaew       | Walter E. Wilson   |
|                        |                        | Jr.                |
+------------------------+------------------------+--------------------+
| Gary J. Ferdinand      | Michael E. Urso        | Walter Scott       |
|                        |                        | Neustadter         |
+------------------------+------------------------+--------------------+
| Gary Lee               | Michael J. Bucklaew    | Wayne P. Muckleroy |
+------------------------+------------------------+--------------------+
| Gary P. Countryman     | Michael J. Linden      | William D.         |
|                        |                        | Papemran           |
+------------------------+------------------------+--------------------+
| Gene A. Bingham        | Michael J. MacDonald   | William F. Crowell |
+------------------------+------------------------+--------------------+
| George E. Lemaster     | Michael J. Nault       | William F. Hagen   |
+------------------------+------------------------+--------------------+
| George Pritchard       | Michael J.Linden       | William H. Martin  |
+------------------------+------------------------+--------------------+
| George W. Hippisley    | Mike McAlevey          | William E. Bowers, |
|                        |                        | PE                 |
+------------------------+------------------------+--------------------+
| George W. Lee          | Mike Monnier           | William J. Cook    |
+------------------------+------------------------+--------------------+
| Gerald B. Hull         | Nicholas S. Frost      | William K. Harding |
|                        |                        | Jr.                |
+------------------------+------------------------+--------------------+
| Gerald R. Steck        | Nickaolaus E. Leggett  | William R. Jenkins |
|                        |                        | Sr.                |
+------------------------+------------------------+--------------------+
| Gerald Steck           | National               | William R. Tippett |
|                        | Telecomunciations and  | II                 |
|                        | Information            |                    |
|                        | Administration         |                    |
+------------------------+------------------------+--------------------+
| Glen E Hazan           | NY Independent System  | Perry I. Klein     |
|                        | Operator, Inc. (NYISO) |                    |
+------------------------+------------------------+--------------------+
| Glen Reid              | ONCOR Electric Energy  | Intellon           |
|                        | Delivery Company       | Corporation        |
+------------------------+------------------------+--------------------+
| John B. Johnston       | Jim Dewey              | Jim Detmers        |
+------------------------+------------------------+--------------------+
| Jonathon B. Smick      | Lincoln Electric       | United Power Line  |
|                        | System                 | Council            |
+------------------------+------------------------+--------------------+

**APPENDIX B: Final Regulatory Flexibility Certification**

1.  *Final Regulatory Flexibility Certification*. The Regulatory
    Flexibility Act of 1980, as amended (RFA),[^85] requires that an
    initial regulatory flexibility analysis be prepared for notice and
    comment rule making proceedings, unless the agency certifies that
    "the rule will not, if promulgated, have a significant economic
    impact on a substantial number of small entities."[^86] The RFA
    generally defines the term "small entity" as having the same meaning
    as the terms "small business," "small organization," and "small
    governmental jurisdiction."[^87] In addition, the term "small
    business" has the same meaning as the term "small business concern"
    under the Small Business Act.[^88] A "small business concern" is one
    which: (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).[^89]

2.  In this *Report and Order ("R&O")*, we make 5 channels in or near
    the 5250-5400 kHz frequency band available on a secondary basis and
    upgrade the allocation of the 2400-2402 MHz frequency band to the
    amateur service. The amateur radio service is a voluntary
    non-commercial communication service comprised of individuals or
    groups of individuals holding amateur radio licenses issued by the
    Commission. [^90] These individuals are prohibited from using
    spectrum allocated to the amateur service for communications for
    hire or for material compensation, or for communications in which
    the amateur radio operator has a pecuniary interest.[^91] Therefore,
    amateur radio operators do not fit any part of the definition of
    "small entities" described above, and thus are not classified as
    such.

3.  In addition, even if the amateur radio licensees were hypothetically
    considered as "small entities," the rule changes promulgated in this
    *R&O* simply make spectrum available for the amateur radio
    operations and impose no additional fees, costs, or compliance
    burdens on an operator. Since the amateur radio service is a
    voluntary service, it would be up to each individual amateur to
    purchase or modify equipment to use the new bands. There is no cost
    associated with the upgrade of the allocation. On the contrary, the
    amateur radio service receives the positive benefits of access to
    additional spectrum.

4.  Lastly, the use of these five new frequencies in or near the
    5250-5400 kHz band on a secondary basis by the amateur service does
    not impact any small entities because it is primarily used by the
    Federal Government. The allocation upgrade in the 2400-2402 MHz band
    also does not impact any small entities because there are currently
    only Part 15 and Part 18 operations in that frequency band. The Part
    18 operations maintain their right to operate under international
    footnote 5.150.[^92] The current amateur service allocation status
    is higher than the status of Part 15 operations, so that there will
    be no additional impact due to this action.

5.  Therefore, we certify that the rules in this *R&O* will not have a
    significant economic impact on a substantial number of small
    entities. The Commission will send a copy of the *Report and Order*,
    including a copy of this Final Regulatory Flexibility Certification,
    in a report to Congress pursuant to the Congressional Review
    Act.[^93] In addition, the *Report and Order* and this Final
    Certification will be sent to the Chief Counsel for Advocacy of the
    SBA, and will be published in the Federal Register.[^94]

**APPENDIX C: Final Rules**

For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR Parts 2 and 97 as follows:

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

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

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

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

a\. Revise pages 11 and 51 to read as follows:

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

\* \* \* \* \*

+-----------+-----------+-----------+-----------+-----------+---------+
| 5060-9040 |           |           |           |           | Page 11 |
| kHz (HF)  |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| Inte      |           |           | United    |           | FCC     |
| rnational |           |           | States    |           | Rule    |
| Table     |           |           | Table     |           | Part(s) |
+-----------+-----------+-----------+-----------+-----------+---------+
| Region 1  | Region 2  | Region 3  | Federal   | No        |         |
|           |           |           | G         | n-Federal |         |
|           |           |           | overnment | G         |         |
|           |           |           |           | overnment |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5060-5250 |           |           | 5060-5450 |           | M       |
|           |           |           |           |           | aritime |
| FIXED     |           |           | FIXED     |           | (80)    |
|           |           |           |           |           |         |
| Mobile    |           |           | Mobile    |           | A       |
| except    |           |           | except    |           | viation |
| aer       |           |           | aer       |           | (87)    |
| onautical |           |           | onautical |           |         |
| mobile    |           |           | mobile    |           | Private |
|           |           |           |           |           | Land    |
| 5.133     |           |           |           |           | Mobile  |
|           |           |           |           |           | (90)    |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5250-5450 |           |           | US212     |           |         |
|           |           |           | US340     |           |         |
| FIXED     |           |           | US381     |           |         |
|           |           |           |           |           |         |
| MOBILE    |           |           |           |           |         |
| except    |           |           |           |           |         |
| aer       |           |           |           |           |         |
| onautical |           |           |           |           |         |
| mobile    |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5450-5480 | 5450-5480 | 5450-5480 | 5450-5680 |           | A       |
|           |           |           |           |           | viation |
| FIXED     | AER       | FIXED     | AER       |           | (87)    |
|           | ONAUTICAL |           | ONAUTICAL |           |         |
| AER       | MOBILE    | AER       | MOBILE    |           |         |
| ONAUTICAL |           | ONAUTICAL | (R)       |           |         |
| MOBILE    | \(R\)     | MOBILE    |           |           |         |
|           |           |           |           |           |         |
| (OR)      |           | (OR)      |           |           |         |
|           |           |           |           |           |         |
| LAND      |           | LAND      |           |           |         |
| MOBILE    |           | MOBILE    |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5480-5680 |           |           | 5.111     |           |         |
|           |           |           | 5.115     |           |         |
| AER       |           |           | US283     |           |         |
| ONAUTICAL |           |           | US340     |           |         |
| MOBILE    |           |           |           |           |         |
| (R)       |           |           |           |           |         |
|           |           |           |           |           |         |
| 5.111     |           |           |           |           |         |
| 5.115     |           |           |           |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5680-5730 |           |           | 5680-5730 |           |         |
|           |           |           |           |           |         |
| AER       |           |           | AER       |           |         |
| ONAUTICAL |           |           | ONAUTICAL |           |         |
| MOBILE    |           |           | MOBILE    |           |         |
| (OR)      |           |           | (OR)      |           |         |
|           |           |           |           |           |         |
| 5.111     |           |           | 5.111     |           |         |
| 5.115     |           |           | 5.115     |           |         |
|           |           |           | US340     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5730-5900 | 5730-5900 | 5730-5900 | 5730-5900 |           | M       |
|           |           |           |           |           | aritime |
| FIXED     | FIXED     | FIXED     | FIXED     |           | (80)    |
|           |           |           |           |           |         |
| LAND      | MOBILE    | Mobile    | MOBILE    |           | A       |
| MOBILE    | except    | except    | except    |           | viation |
|           | aer       | aer       | aer       |           | (87)    |
|           | onautical | onautical | onautical |           |         |
|           |           | mobile    | mobile    |           |         |
|           | mobile    | (R)       | (R)       |           |         |
|           | (R)       |           |           |           |         |
|           |           |           | US340     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5900-5950 |           |           | 5900-5950 |           | Radio   |
|           |           |           |           |           | Br      |
| BRO       |           |           | BRO       |           | oadcast |
| ADCASTING |           |           | ADCASTING |           | (HF)    |
| 5.134     |           |           |           |           |         |
|           |           |           | FIXED     |           | \(73\)  |
| 5.136     |           |           |           |           |         |
|           |           |           | MOBILE    |           | M       |
|           |           |           | except    |           | aritime |
|           |           |           | aer       |           | (80)    |
|           |           |           | onautical |           |         |
|           |           |           | mobile    |           | A       |
|           |           |           | (R)       |           | viation |
|           |           |           |           |           | (87)    |
|           |           |           | US340     |           |         |
|           |           |           | US366     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 5950-6200 |           |           | 5950-6200 |           | Radio   |
|           |           |           |           |           | Br      |
| BRO       |           |           | BRO       |           | oadcast |
| ADCASTING |           |           | ADCASTING |           | (HF)    |
|           |           |           |           |           |         |
|           |           |           | US340     |           | \(73\)  |
+-----------+-----------+-----------+-----------+-----------+---------+
| 6200-6525 |           |           | 6200-6525 |           | M       |
|           |           |           |           |           | aritime |
| MARITIME  |           |           | MARITIME  |           | (80)    |
| MOBILE    |           |           | MOBILE    |           |         |
| 5.109     |           |           | 5.109     |           |         |
| 5.110     |           |           | 5.110     |           |         |
| 5.130     |           |           | 5.130     |           |         |
| 5.132     |           |           | 5.132     |           |         |
|           |           |           | US82      |           |         |
| 5.137     |           |           |           |           |         |
|           |           |           | US296     |           |         |
|           |           |           | US340     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 6525-6685 |           |           | 6525-6685 |           | A       |
|           |           |           |           |           | viation |
| AER       |           |           | AER       |           | (87)    |
| ONAUTICAL |           |           | ONAUTICAL |           |         |
| MOBILE    |           |           | MOBILE    |           |         |
| (R)       |           |           | (R)       |           |         |
|           |           |           |           |           |         |
|           |           |           | US283     |           |         |
|           |           |           | US340     |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+

+-----------+-----------+-----------+-----------+-----------+---------+
| 2345-2655 |           |           |           |           | Page 51 |
| 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 |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| See       |           |           | See       | 2345-2360 | W       |
| previous  |           |           | previous  |           | ireless |
| page for  |           |           | page for  | FIXED     |         |
| 2300-2450 |           |           |           |           | Communi |
| MHz       |           |           | 2310-2360 | MOBILE    | cations |
|           |           |           | MHz       | US339     | (27)    |
|           |           |           |           |           |         |
|           |           |           |           | RADI      |         |
|           |           |           |           | OLOCATION |         |
|           |           |           |           |           |         |
|           |           |           |           | BROA      |         |
|           |           |           |           | DCASTING- |         |
|           |           |           |           |           |         |
|           |           |           |           | SATELLITE |         |
|           |           |           |           | US327     |         |
|           |           |           |           |           |         |
|           |           |           |           | 5.396     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2360-2385 | 2360-2385 |         |
|           |           |           |           |           |         |
|           |           |           | MOBILE    | MOBILE    |         |
|           |           |           | US276     | US276     |         |
|           |           |           |           |           |         |
|           |           |           | RADI      |           |         |
|           |           |           | OLOCATION |           |         |
|           |           |           | G2        |           |         |
|           |           |           |           |           |         |
|           |           |           | Fixed     |           |         |
|           |           |           |           |           |         |
|           |           |           | G120      |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2385-2390 | 2385-2390 |         |
|           |           |           |           |           |         |
|           |           |           | US363     | FIXED     |         |
|           |           |           |           |           |         |
|           |           |           |           | MOBILE    |         |
|           |           |           |           |           |         |
|           |           |           |           | US363     |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2390-2400 | 2390-2400 | Amateur |
|           |           |           |           |           | (97)    |
|           |           |           | G122      | AMATEUR   |         |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2400-2402 | 2400-2402 | ISM     |
|           |           |           |           |           | Eq      |
|           |           |           | 5.150     | AMATEUR   | uipment |
|           |           |           | G123      |           | (18)    |
|           |           |           |           | 5.150     |         |
|           |           |           |           | 5.282     | Amateur |
|           |           |           |           |           | (97)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2402-2417 |           | ISM     |
|           |           |           |           |           | Eq      |
|           |           |           | 5.150     |           | uipment |
|           |           |           | G122      |           | (18)    |
|           |           |           |           |           | Amateur |
|           |           |           |           |           | (97)    |
+-----------+-----------+-----------+-----------+-----------+---------+
|           |           |           | 2417-2450 | 2417-2450 | ISM     |
|           |           |           |           |           | Eq      |
|           |           |           | Radi      | Amateur   | uipment |
|           |           |           | olocation |           | (18)    |
|           |           |           | G2        | 5.150     |         |
|           |           |           |           | 5.282     | Amateur |
|           |           |           | 5.150     |           | (97)    |
|           |           |           | G124      |           |         |
+-----------+-----------+-----------+-----------+-----------+---------+
| 24        | 24        |           | 24        | 24        | ISM     |
| 50-2483.5 | 50-2483.5 |           | 50-2483.5 | 50-2483.5 | Eq      |
|           |           |           |           |           | uipment |
| FIXED     | FIXED     |           | 5.150     | FIXED     | (18)    |
|           |           |           | US41      |           |         |
| MOBILE    | MOBILE    |           |           | MOBILE    | Private |
|           |           |           |           |           | Land    |
| Radi      | RADI      |           |           | Radi      | Mobile  |
| olocation | OLOCATION |           |           | olocation | (90)    |
|           |           |           |           |           |         |
| 5.150     | 5.150     |           |           | 5.150     | Fixed   |
| S5.397    | 5.394     |           |           | US41      | Mi      |
|           |           |           |           |           | crowave |
|           |           |           |           |           | (101)   |
+-----------+-----------+-----------+-----------+-----------+---------+

\* \* \* \* \*

b\. In the list of United States footnotes, add footnote US 381.

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US381 The frequencies 5332 kHz, 5348 kHz, 5368 kHz, 5373 kHz, and 5405
kHz are allocated to the amateur service on a secondary basis. Amateur
use of these frequencies shall be limited to: (1) a maximum effective
radiated power (e.r.p.) of 50 W; and, (2) single sideband suppressed
carrier modulation (emission designator 2K8J3E), upper sideband voice
transmissions only. 

**PART 97-AMATEUR RADIO SERVICE**

3\. The authority citation for Part 97 continues to read as follows:

AUTHORITY: 48 Stat. 1066, 1082, as amended: 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C.
151-155, 301-609, unless otherwise noted.

4\. Section 97.303 is proposed to be amended by revising paragraphs
(j)(2)(iii), (j)(2)(iv), and adding new paragraph (s) to read as
follows:

**[§ 97.303 Frequency sharing requirements.]{.underline}**

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

\* \* \* \* \*

\(j\) \* \* \* \* \*

\(2\) \* \* \*

\(iii\) The 2390-2417 MHz segment is allocated to the amateur service on
a primary basis, and amateur stations operating within the 2400-2417 MHz
segment must accept harmful interference that may be caused by the
proper operation of industrial, scientific, and medical devices
operating within the band.

\(iv\) The 2417-2450 MHz segment is allocated to the amateur service on
a co-secondary basis with the Federal Government radiolocation service.
Amateur stations operating within the 2417-2450 MHz segment must accept
harmful interference that may be caused by the proper operation of
industrial, scientific, and medical devices operating within the band.

\* \* \*

\(s\) An amateur station having an operator holding a General, Advanced
or Amateur Extra Class license may only transmit single sideband,
suppressed carrier, (emission type 2K8J3E) upper sideband on the
channels 5332 kHz, 5348 kHz, 5368 kHz, 5373 kHz, and 5405 kHz. Amateur
operators shall ensure that their transmission occupies only the 2.8 kHz
centered around each of these frequencies. Transmissions shall not
exceed an effective radiated power (e.r.p) of 50 W PEP. For the purpose
of computing e.r.p. the transmitter PEP will be multiplied with the
antenna gain relative to a dipole or the equivalent calculation in
decibels. A half wave dipole antenna will be presumed to have a gain of
0 dBd. Licensees using other antennas must maintain in their station
records either manufacturer data on the antenna gain or calculations of
the antenna gain. No amateur station shall cause harmful interference to
stations authorized in the mobile and fixed services; nor is any amateur
station protected from interference due to the operation of any such
station.

\* \* \* \* \*

[^1]: *See* 47 C.F.R. § 97.1.

[^2]: *See* *Notice of Proposed Rulemaking*, ET Docket 02-98, 17 FCC Rcd
    8954 (2002).

[^3]: The LF, or low frequency, portion of the spectrum is the frequency
    region between 30 kHz and 3000 kHz.

[^4]: *See* *Petition for Rule Making,* RM-9404, Public Notice Report
    No. 230, (rel. November 23, 1998).

[^5]: *See* *Petition for Rule Making,* RM-10209, Public Notice Report
    No. 2501 (rel. Aug. 13, 2001).

[^6]: *See* *Petition for Rule Making,* RM-9949, Public Notice Report
    No. 2433 (rel. Aug. 30, 2000).

[^7]: *See* 47 C.F.R. §§2.104 and 2.106. The U.S. is located in ITU
    Region 2, which includes the whole of the North and South American
    continents.

[^8]: ITU-R Region 3 is generally the Asia-Pacific Region. *See* 47
    C.F.R. §2.104(b)(3).

[^9]: The non-Federal Government services in this band are governed by
    Parts 23 and 80 of the Commission's Rules, respectively.

[^10]: ITU-R Region 1 is generally Europe, Africa and the Middle East.
    *See* 47 C.F.R. §2.104(b)(1).

[^11]: The non-Federal Government fixed service in this band is
    regulated under Part 23 of the Commission's Rules.

[^12]: *See* 47 C.F.R. §§ 15.113, 15.209 and 15.217. *See also* 47
    C.F.R. §2.106 footnote US294.

[^13]: *See* *Notice* at pages 8962-8963 (paras 22-28).

[^14]: PEP is defined as the average power supplied to the antenna
    transmission line by a transmitter during one radio frequency cycle
    at the crest of the modulation envelop taken under normal operating
    conditions. *See* 47 C.F.R. §2.1.

[^15]: *See Report and Order*, Docket No. 20271, 70 FCC 2d 1193 (1978).

[^16]: *See* *e.g.* comments of AMRAD at 2.

[^17]: *See* reply comments of Galasso.

[^18]: *See* reply comments of Galasso and comments of Hamel.

[^19]: *See* comments of ARRL at 9. *See also* comments of Young
    expressing concern about interference from the power grid.

[^20]: *See* reply comments of Chester and comments of Urso and Roehrig.

[^21]: *See* comments of McVey at 3.

[^22]: *See* reply comments of McVey at 2 and 5.

[^23]: *See* comments of PSE&G at 6.

[^24]: *See* comments of Pinnacle West at 2-3.

[^25]: *See* comments of UTC at 5.

[^26]: *See* comments of Pulsar Communications at 2-3.

[^27]: *See* reply comments of IEEE Power Relay Systems Committee to
    McVey at 2.

[^28]: The Ground Wave Emergency Network provides survivable
    connectivity to designated bomber and tanker bases by surviving
    massive broadband destructive interference produced by nuclear
    explosions, and recovering quickly from the changes in radiowave
    propagation caused by the ionization of atoms in the upper
    atmosphere. GWEN operations were decommissioned in 2000.

[^29]: *See* comments of ARRL at 9, Azlin, and Urso.

[^30]: *See* reply comments to ARRL and AMRAD of IEEE Power Systems
    Relay Committee at 5.

[^31]: See 47 C.F.R. Part 5.

[^32]: We note the many comments received from amateur operators
    asserting that our proposals were too constraining, and asking for a
    larger bandwidth and higher TPO. We also note that the utility
    companies assert that our proposed limits were insufficient to
    protect PLC operations. Our decision makes these discussions moot.

[^33]: Our Part 15 limits in the 160-190 kHz band limit unlicensed
    operations to one watt total input power to the final radio
    frequency stage (exclusive of filament or heater power) with the
    length of the antenna transmission line, antenna and ground lead not
    to exceed 15 meters. These limitations should produce EIRPs in the
    0.00005-0.0002 Watt range.

[^34]: The HF region includes frequencies in the 3000 kHz to 30,000 kHz
    range

[^35]: File number 6206-EX-PL-1998, call sign WA2XSY.

[^36]: *See* *Notice, supra,* at paras 38-40.

[^37]: A search of the Government Master File and the Commission's
    license databases in this band in January 2002 identified a total of
    757 assignments. Twenty-six of those assignments are non-Federal
    Government.

[^38]: *See* 47 C.F.R. §97.303(d).

[^39]: *See* *Petition for Rule Making,* RM-10209, Public Notice (rel.
    Aug. 13, 2001) Report No. 2501 at 19.

[^40]: *See e.g.* comments of Bozarth, Hirth, and West.

[^41]: *See e.g.* comments of Neustadter, Sanden, and Hull. Other
    commenters indicated that the Advanced and Amateur Extra Class
    should be considered together. *See* Comments of Courson and
    Countryman. Huggins suggested that there should be no license
    restrictions. Kennedy suggested that 50 kHz be set aside for
    Technician Class licensees.

[^42]: *See e.g.* comments of Posness, Hazan, and Bozarth. The majority
    of the commenters who suggested a power level less than 1500 W PEP,
    recommended the output power of the amateur station should be
    limited to 200 W PEP.

[^43]: *See e.g.* comments of Barrell, Nitzberg, and Martin. Other
    commenters suggested various other power limits, most for specific
    modes in a portion of the band. *See also e.g.* comments of Lee and
    Axe.

[^44]: *See e.g.* comments of ARRL at 12.

[^45]: *See e.g.* comments of Rauch, Wormser and Bowker, which support
    subbanding, and comments of Brewer, Bell, and Courson and Silberman,
    which do not.

[^46]: *See* comments of UPLC at pages 2-4.

[^47]: *See* comments of UPLC at page 5.

[^48]: *See* comments of PLCA at 6.

[^49]: *See* comments of Homeplug at 2-4. Homeplug indicates that these
    devices represent a new market for consumer electronics which
    operate as over the power line in the 4-21 MHz range and are
    regulated under the unintentional radiator rules of §15.209 of the
    Rules.

[^50]: *See* reply comments of ARRL at 14.

[^51]: *See* reply comments of ARRL at 15.

[^52]: *See* letter from Fredrick R. Wentland, Acting Associate
    Administrator for Spectrum Management to Edmund Thomas, Chief, OET,
    dated August 21, 2002. The federal agencies using this band include
    the Department of Defense, Coast Guard, Department of Justice, and
    twelve others.

[^53]: *See* letter from Fredrick R. Wentland, Acting Associate
    Administrator for Spectrum Management to Edmund Thomas, Chief, OET,
    dated March 13, 2003.

[^54]: For example, an amateur 2K8J3E upper sideband transmission on
    5332 kHz will occupy the spectrum between 5330.5 kHz and 5333.5 kHz.
    Amateur operators must ensure that their transmissions follow this
    pattern for each of the specified frequencies. For the example
    above, this means that an amateur operator might select a tuning (or
    carrier) frequency of 5330.5 kHz, or make other adjustment to his
    station to meet the transmission requirements.

[^55]: The gain of antenna operating at HF frequencies is directly
    proportional to its length (height). In order to maintain an amateur
    station's operation at the 50 W ERP limit, an amateur operator must
    correspondingly decrease his transmitter power if he wants to
    increase the gain (height) of his antenna. There is a practical
    limit on how much an amateur can increase the height of his antenna
    and decrease the transmitter power.

[^56]: *See* 47 C.F.R. § 2.106 footnote S5.150. ISM devices are
    equipment or applications designed to generate and use locally RF
    energy for industrial, scientific, medical, domestic or similar
    purposes, excluding applications in the field of telecommunication.
    *See* also 47 C.F.R. §18.107.

[^57]: *See* 47 C.F.R. §2.106 footnote S5.282.

[^58]: The Federal-Government allocation was used, to a limited extent,
    by the military for radar testing systems such as target scattering
    and enemy radar simulators. The 2390-2400 MHz and the 2402-2417 MHz
    bands were reallocated prior to August, 1995. *See* NTIA, Spectrum
    Reallocation Final Report, NTIA Special Publication 95-32 (rel. Feb.
    1995).

[^59]: *See* OBRA-93, § 6001(a) (codified at 47 U.S.C. § 923(a)-(b)).

[^60]: In doing so, NTIA took note of the Congressional requirement that
    amateur operations were to be minimally disrupted by the
    reallocations. *See NTIA Spectrum Reallocation Final Report*, NTIA
    Special Report 95-32, February 1995, at 4-30.

[^61]: *See* 47 C.F.R. §2.106 footnote G123.

[^62]: *See* 47 C.F.R. §15.247(b)(1), which permits higher-powered
    operations in this frequency band for spread spectrum transmitters.

[^63]: *See* 47 C.F.R. §§15.24 and 15.249.

[^64]: *See Policy Statement*, "*Principles for Reallocation of Spectrum
    to Encourage the Development of Telecommunications Technologies for
    the New Millennium",* FCC 99-354, 14 FCC Rcd 19868 (1999).

[^65]: *See* *Petition for Rule Making,* RM-9949, Public Notice (rel.
    Aug. 30, 2000) Report No. 2433.

[^66]: *See* 47 C.F.R. §2.106, footnote 5.150.

[^67]: *See* Comments of ARRL at para 22.

[^68]: *See* Comments of AMSAT at para 8.

[^69]: *See* Comments of AMRAD and Gibbons.

[^70]: *See* comments of Umina at 1.

[^71]: *See* comments of CQ Communications at para 25-26.

[^72]: *See* comments of ARRL at para 24.

[^73]: *See* comments of IEEE 802 at para 5- 6. The IEEE 802 points out
    that ARRL has twice challenged the Commission's authority to
    authorize unlicensed Part 15 operations on the basis that they
    "might possibly" cause interference to amateur operations.

[^74]: *See* reply comments of LEA at 2-3.

[^75]: The AMSAT-OSCAR-40 satellite has a transponder which operates in
    the 2400-2450 MHz band, amongst others.

[^76]: *See* comments of IEEE 802 at para 14.

[^77]: *See* reply comments of IEEE 802 at 18.

[^78]: The Commission enacted a safe harbor provision in PR Docket No.
    93-61 which provided that "a Part 15 device will, by definition, not
    be considered to be causing interference to a multilateration
    Location Monitoring Service system if it is otherwise operating in
    accordance with the provisions of Part 15\..." *See* *Memorandum
    Opinion and Order and Further Notice of Proposed Rulemaking*, PR
    Docket NO. 93-61, released September 16, 1997.

[^79]: *See* comments of IEEE 802 at para 21.

[^80]: *See* reply comments of IEEE 802 at 12.

[^81]: *See* reply comments of AMSAT at para 11-12.

[^82]: See 47 CFR §2.106, footnote 5.150.

[^83]: *See* 47 CFR §§ 2.106, 97.303(j)(2)(iii) and 97.303(j)(2)(iv) as
    modified in Appendix C, herein.

[^84]: *See* 47 CFR §2.106, footnote 5.282. "The amateur-satellite
    service may operate subject to not causing harmful interference to
    other services operating in accordance with the Table \[of
    Allocations\]." A station of a secondary service may not cause
    interference to stations of primary services, cannot claim
    protection from interference caused by stations of primary service
    but may claim protection from stations of another secondary service
    or stations operating on a non-interference basis (*see* 47 CFR
    §2.104(d)(3). Stations operating on a non-interference basis must
    protect the operation of, and accept interference from, all primary
    and secondary services operating in the same frequency band.

[^85]: The RFA, *see* 5 U.S.C. § 601-- 612, has been amended by the
    Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
    Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).

[^86]: 5 U.S.C. § 605(b).

[^87]: 5 U.S.C. § 601(6).

[^88]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small business concern" in the Small Business Act, 15 U.S.C. §
    632). Pursuant to 5 U.S.C. § 601(3), 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."

[^89]: 15 U.S.C. § 632.

[^90]: *See* 47 CFR §§97.1 and 97.3(a).

[^91]: *See* 47 CFR §§97.113(a)(2).

[^92]: *See* 47 C.F.R. §2.106, footnote 5.150.

[^93]: *See* 5 U.S.C. § 801(a)(1)(A).

[^94]: *See* 5 U.S.C. § 605(b).