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 Federal  Communications  Commission  FCC  02-  298 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 
 Revisions  to  Broadcast  Auxiliary  Service  Rules  in  Part  74  and  Conforming  Technical  Rules  for 
 Broadcast  Auxiliary  Service,  Cable  Television  Relay  Service  and  Fixed  Services  in  Parts  74,  78 
 and  101  of  the  Commissions  Rules 
 Telecommunications  Industry  Association,  Petition  for  Rule  Making  Regarding  Digital 
 Modulation  for  the  Television  Broadcast  Auxiliary  Service 

 Alliance  of  Motion  Picture  and  Television  Producers,  Petition  for  Rule  Making  Regarding 
 Low-  Power  Video  Assist  Devices  in  Portions  of  the  UHF  and  VHF  Television  Bands 

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 ET  Docket  No.  01-  75 
 RM-  9418 
 RM-  9856 
 REPORT  AND  ORDER 
 Adopted:  October  30,  2002  Released:  November  13,  2002 

 By  the  Commission: 
 TABLE  OF  CONTENTS 
 Subject  Paragraph  I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY.................................................................................  1 
 II.  BACKGROUND...........................................................................................................................................  6  III.  DISCUSSION  ..............................................................................................................................................  7 
 A.  BAS  Technical  Rules  (Part  74)  and  Conforming  Technical  Rules  for  Parts  74,  78  and  101  1.  Digital  Modulation  in  All  Television  and  Aural  BAS  Bands  ...........................................  8 
 2.  Maximum  Effective  Isotropic  Radiated  Power  for  Short  Paths......................................  21  3.  Transmitter  Power............................................................................................................  27 
 4.  Emission  Masks  ...............................................................................................................  33  5.  Automatic  Transmit  Power  Control.................................................................................  46 
 6.  Interference  to  Geostationary  Satellites...........................................................................  49  7.  Frequency  Coordination  ..................................................................................................  53 
 8.  Frequency  Tolerance........................................................................................................  66  9.  Use  of  the  13.150-  13.2125  GHz  Band  by  BAS  and  CARS  Pickup  Stations  .................  69 
 10.  Use  of  the  31.0-  31.3  GHz  and  38.6-  40.0  GHz  Bands  by  the  BAS  and  CARS  ..............  72  11.  Antennas  ..........................................................................................................................  77 
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 B.  BAS  Service  Rules  (Part  74)  1.  Temporary  Conditional  Authority  ...................................................................................  79 
 2.  Short  Term  Operation  ......................................................................................................  82  3.  Use  of  UHF-  TV  Channels  for  TV  STLs  and  TV  Relay  Stations  ...................................  93 
 4.  TV  BAS  Sound  Channels  ..............................................................................................  101  5.  Remote  Pickup  Broadcast  Auxiliary  Frequency  Assignment.......................................  103 
 6.  Federal  Narrowbanding  of  162-  174  MHz  Band  Land  Mobile  Frequencies.................  116  7.  950  MHz  Aural  BAS  Channel  Splits  ...........................................................................  121 
 C.  Universal  Licensing  System  and  BAS  ........................................................................................  122  1.  Application  Procedures  and  Construction  Periods........................................................  123 
 2.  Classification  of  Filings  as  Major  or  Minor  ..................................................................  130  3.  Emission  Designators.....................................................................................................  135 
 D.  Additional  BAS  Issues  ...............................................................................................................  138  E.  AMPTP  Petition  .........................................................................................................................  139 
 1.  Authorization  of  WAVDS  .............................................................................................  140  2.  Eligibility,  Permitted  Use,  and  Licensing......................................................................  143 
 3.  Authorized  Frequencies  .................................................................................................  150  4.  Technical  and  Operational  Requirements......................................................................  156 
 IV.  CONCLUSION.........................................................................................................................................  162  V.  PROCEDURAL  MATTERS....................................................................................................................  163 
 VI.  ORDERING  CLAUSES...........................................................................................................................  165 
 APPENDICES  A.  Final  Rules 
 B.  Final  Regulatory  Flexibility  Analysis  C.  List  of  Commenters 

 I.  INTRODUCTION  AND  EXECUTIVE  SUMMARY 
 1.  In  this  Report  and  Order,  we  amend  Part  74  of  our  rules  pertaining  to  the  Broadcast  Auxiliary  Services  (BAS)  to  permit  BAS  stations  to  introduce  new  technologies  and  create  a  more 

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

 1  CARS  stations  are  point-  to-  point  or  point-  to-  multipoint  microwave  systems  used  by  cable  and  Multichannel 
 Multipoint  Distribution  Service  (wireless  cable)  operators  to  receive  signals  from  remote  locations.  Alternatively,  CARS  can  also  be  used  for  distribution  of  programming  to  microwave  hubs  where  it  may  be  physically  impossible 

 or  too  expensive  to  run  cable  to  these  hubs.  CARS  stations  cannot  be  used  to  directly  distribute  programming  to  subscribers  and  can  operate  on  the  following  shared  frequency  bands:  1990-  2110  MHz  (mobile  only), 
 6425-  6525  MHz  (mobile  only),  6875-  7125  MHz  (mobile  only),  12.70-  13.20  GHz,  and  17.70-  19.70  GHz. 
 2  For  example,  the  13,200-  13,250  MHz  band  is  shared  by  common  carrier  and  private  point-  to-  point  operations    as 
 well  as  the  local  television  transmission  service    in  Part  101,  TV  BAS  operations  in  Part  74,  and  CARS  operations  in  Part  78.  See  47  C.  F.  R.    74.602,  78.18,  and  101.147.  In  all  cases,  the  maximum  authorized  bandwidth  is 

 (continued.) 
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 2.  Specifically,  to  conform  the  BAS,  CARS,  and  FS  rules,  we: 
   Permit  TV  and  aural  BAS  stations  to  use  any  available  digital  modulation  technique  in  all  BAS  frequency  bands  so  that  BAS  stations  can  take  advantage  of  the  latest  developments  in  technology 

 and  make  smooth  the  transition  to  digital  TV  and  digital  radio. 
   Update  BAS  emission  masks  to  facilitate  the  introduction  of  digital  equipment  and  to  provide  consistency  with  emission  masks  used  in  Part  101  of  the  rules. 

   Modify  the  equation  used  by  BAS  and  CARS  services  for  determining  the  maximum  effective  isotropic  radiated  power  (EIRP)  for  short  path  lengths.  This  change  eliminates  the  steep  reduction  in 
 EIRP  for  BAS  and  CARS  path  lengths  shorter  than  the  minimum. 
   Allow  BAS  and  CARS  stations  to  use  automatic  transmit  power  control  (ATPC)  in  order  to  facilitate  more  efficient  spectrum  use. 

   Update  transmitter  power  rules  for  BAS  and  CARS  services  to  provide  EIRP  limits  for  all  frequency  bands. 
   Require  TV  BAS  and  CARS  services  to  prior  coordinate  their  frequency  use  when  using  shared  frequency  bands  to  minimize  the  potential  for  harmful  interference  occurring  when  a  new  station 
 begins  transmitting. 
 3.  In  addition,  we  update  many  other  BAS  rules  and  make  minor  rule  changes  to  clarify  or  fix  typographical  errors  in  the  existing  rules.  These  updates  include  instituting  temporary  conditional 

 authority  for  all  BAS  stations  to  operate  upon  filing  of  a  license  application,  provided  certain  conditions  are  met;  modifying  the  Remote  Pickup  BAS  channel  plan  to  provide  compatibility  with  the  channel  plan 
 adopted  for  private  land  mobile  radio  (PLMR)  in  the  Commissions  Refarming  proceeding  (PR  Docket  No.  92-  235);  modifying  the  BAS  short-  term  operation  rules;  and  modifying  the  BAS  application  rules  to 
 make  them  consistent  with  the  Universal  Licensing  System  (ULS). 
 4.  This  Report  and  Order  also  authorizes  wireless  assist  video  devices  (WAVDs)  to  operate  on  certain  VHF-  TV  and  UHF-  TV  channels  on  a  non-  interference  basis  to  services  allocated  on  that 

 spectrum.  These  devices,  which  are  already  used  by  broadcasters,  are  needed  to  aid  film  and  television  producers  in  filming  at  various  locations  in  a  safe  and  cost  effective  manner. 

 5.  These  changes  will  increase  the  efficiency  of  the  BAS  and  permit  BAS,  CARS,  and  FS  licensees  to  operate  in  an  environment  in  which  the  potential  for  interference  is  significantly  reduced, 
 while  affording  significant  flexibility  to  these  licensees. 
 II.  BACKGROUND 
 6.  In  the  Notice  of  Proposed  Rule  Making  (Notice),  released  March  19,  2001,  the  Commission  initiated  an  extensive  review  of  the  BAS  rules  and  proposed  changes  to  create  a  more 

 (Continued  from  previous  page)  25  MHz.  See  47  C.  F.  R.    74.637,  78.103,  and  101.109.  Other  technical  rules,  such  as  EIRP  on  short  paths,  differ 
 among  the  services.  This  action  will  align  certain  technical  requirements  for  these  services.  See,  e.  g.,  47  C.  F.  R.    74.644,  78.108,  and  101.143. 
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 efficient  BAS  that  can  readily  adapt  to  technological  changes  in  the  industry.  3  The  Notice  followed  petitions  filed  by  the  Telecommunications  Industry  Association  (TIA)  in  March  1998  (RM-  9418)  and  the 
 Alliance  of  Motion  Picture  and  Television  Producers  (AMPTP)  in  November  1999  (RM-  9856).  The  TIA  Petition  requested  rule  changes  for  the  23  GHz  band,  as  well  as  rule  changes  to  permit  digital  modulation 
 schemes  in  all  of  the  bands  used  by  the  TV  BAS.  4  The  AMPTP  Petition  requested  authority  to  use  low  power  WAVDs  on  unused  TV  channels  in  the  upper  portion  of  the  VHF-  TV  band  and  in  the  UHF-  TV 
 band.  5  In  addition  to  these  requests,  the  Commission  sought  comment  on  many  other  changes  to  the  rules.  The  proposals  were  crafted  to  update  the  rules  and  to  complement  many  of  the  requests  made  by 
 the  petitioners. 
 III.  DISCUSSION 
 7.  Commenting  parties  generally  support  the  proposals  set  forth  in  the  Notice.  6  For  example,  the  Society  of  Broadcast  Engineers,  Inc.  (SBE)  states  that  it  applauds  virtually  all  of  the 

 proposals  made  in  the  Notice;  the  Association  of  Americas  Public  Television  Stations  (APTS)  and  the  Public  Broadcasting  Service  (PBS)  state  that  they  generally  support  the  proposals;  and  the  Association  for 
 Maximum  Service  Television,  Inc.  (MSTV)  and  the  National  Association  of  Broadcasters  (NAB)  state  that  they  applaud  allowing  digital  modulation  for  all  BAS  bands  and  support  the  revision  and 
 conformance  of  BAS  with  CARS  and  FS  rules.  7 
 A.  BAS  Technical  Rules  (Part  74)  and  Conforming  Technical  Rules  for  Parts  74,  78  and  101 

 1.  Digital  Modulation  in  All  Television  and  Aural  BAS  Bands 
 8.  Section  74.637  of  the  Commissions  rules  sets  forth  emission  requirements  for  TV  BAS  operations.  Digital  modulation  is  specifically  addressed  only  in  paragraph  (c),  which  provides  for  analog 

 or  digital  modulation  in  the  6425-  6525  MHz,  17.7  19.7  GHz,  and  31.0  31.3  GHz  bands.  Although  the  rules  do  not  specifically  prohibit  digital  modulation  in  other  TV  BAS  bands  (i.  e.,  2025-  2110  MHz  and 
 2450-  2483.5  MHz  (2  GHz),  6875-  7125  MHz  (7  GHz),  and  12.7  13.25  GHz  (13  GHz)),  the  Commissions  policy  relative  to  BAS  has  been  to  allow  digital  modulation  only  in  bands  where  it  is 

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

 4  See  TIA  Petition,  RM-  9418,  filed  March  5,  1998.  We  note  that  the  changes  sought  by  TIA  for  the  23  GHz  band 
 have  been  considered  in  a  separate  proceeding.  See  Amendment  of  Part  101  of  the  Commissions  Rules  to  Streamline  Processing  of  Microwave  Applications  in  the  Wireless  Telecommunications  Services,  Telecommunications 

 Industry  Association  Petition  for  Rulemaking,  Report  and  Order,  WT  Docket  No.  00-  19  and  RM-  9418,  (FCC  02-  218)  (rel.  July  31,  2002)  at    52-  77. 

 5  See  AMPTP  Petition,  RM-  9856,  filed  November  15,  1999. 
 6  Commenting  parties  are  listed  in  Appendix  B.  Comments  to  the  Notice  were  originally  due  by  June  25,  2001  and 
 reply  comments  were  originally  due  by  July  23,  2001.  However,  those  deadlines  were  extended  until  July  9,  2001  and  August  7,  2001,  respectively.  See  Order  Granting  Extension  of  Time,  ET  Docket  No.  01-  75,  16  FCC  Rcd 

 12656  (2001). 
 7  SBE  Comments  at  1;  APTS/  PBS  Comments  at  2,  9;  MSTV/  NAB  Comments  at  2-  3. 
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 specifically  authorized.  Therefore,  under  current  policy,  licensees  must  obtain  a  waiver  of  the  rules  to  transmit  using  digital  modulation  in  the  2  GHz,  7  GHz,  and  13  GHz  bands.  8 
 9.  In  the  Notice,  the  Commission  observed  that  most  TV  BAS  stations  currently  transmit  frequency  modulated  analog  NTSC  video  signals,  but  that  with  the  current  transition  of  television  from 
 analog  to  digital,  broadcasters  will  need  to  transmit  DTV  digital  signals  in  addition  to  their  existing  NTSC  analog  signal.  The  Commission  also  observed  that  the  digital  conversion  of  TV  stations  is  not  the  only 
 reason  for  allowing  digital  modulation  in  all  TV  BAS  frequency  bands.  The  rules  adopted  in  the  Second  Report  and  Order  and  Second  Memorandum  Opinion  and  Order  in  ET  Docket  No.  95-  18  specify 
 channelization  plans  for  TV  BAS  licensees  to  narrow  their  channel  bandwidth  in  the  2025-  2110  MHz  band  to  accommodate  the  new  Mobile  Satellite  Service  (MSS)  allocation  in  the  1990-  2025  MHz  band. 
 The  Commission  noted  that,  as  these  channels  are  narrowed,  broadcasters  will  likely  switch  from  analog  to  digital  transmission  in  order  to  attain  the  necessary  signal  fidelity  in  the  narrower  channel.  Therefore, 
 primarily  to  facilitate  the  transition  to  digital  TV  and  to  accommodate  narrower  channels  in  the  2  GHz  band,  the  Commission  proposed  to  modify  the  rules  in  Section  74.637  to  permit  digital  modulation  in  all 
 TV  BAS  bands.  9 
 10.  In  the  Notice,  the  Commission  also  stated  that  the  rules  for  aural  BAS  in  Section  74.535  create  a  situation  similar  to  that  for  TV  BAS  with  respect  to  digital  modulation  because  it  allows  the  use 

 of  digital  modulation  by  aural  BAS  licensees  in  the  18  GHz  band,  but  does  not  address  such  use  in  the  944-  952  MHz  band.  The  Commission  stated  its  belief  that  aural  BAS  licensees  could  benefit  from  the 
 ability  to  use  digital  modulation  in  all  bands,  and  that  such  flexibility  would  allow  aural  BAS  licensees  to  take  advantage  of  the  spectral  efficiency  that  digital  modulation  offers.  Therefore,  the  Commission 
 proposed  to  modify  Section  74.535  to  permit  the  use  of  digital  modulation  in  all  aural  BAS  bands.  10 
 11.  Several  parties  support  the  Commissions  proposals  to  permit  digital  modulation  in  the  2  GHz,  7  GHz,  and  13  GHz  TV  BAS  bands,  and  all  aural  BAS  bands.  11  SBE,  while  supporting  the 

 introduction  of  digital  modulation  in  all  TV  and  aural  BAS  bands,  cautions  that  digitally  modulated  signals  tend  to  more  fully  occupy  the  channel  bandwidth  than  analog  signals,  thereby  creating  a  greater 
 chance  for  interference  to  occur  into  adjacent  channel  FM  receivers.  12  Accordingly,  SBE  recommends  that  conversion  from  analog  to  digital  modulation  be  accompanied  by  frequency  coordination,  except 
 where  an  existing  digital  system  has  been  operating  under  STA  and  there  is  no  evidence  of  interference.  SBE  states  that  it  may  be  appropriate  to  conduct  a  further  rulemaking  to  establish  loading  standards  for 
 digitally  modulated  point-  to-  point  BAS  links.  It  opposes,  however,  similar  standards  for  digitally  modulated  TV  Pickup  or  ENG  operations  because  TV  Pickup  operations  require  more  robust  digital 

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

 modulation  in  these  bands. 
 9  Notice  at    11. 

 10  Id.  at    12. 
 11  See  SBE  Comments  at  1-  2;  Comsearch  Comments  at  2;  APTS/  PBS  Comments  at  2;  MSTV/  NAB  Comments  at  3; 
 Red  River  Reply  Comments  at  1;  TIA  Reply  Comments  at  2;  Viacom  Reply  Comments  at  5. 
 12  SBE  Comments  at  1. 
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 modulation  types  and  higher  levels  of  forward  error  correction  than  fixed  links.  13  Finally,  SBE  requests  that  the  Commission  grant  a  blanket  waiver  for  the  approximately  500  pending  digital  BAS  applications, 
 to  allow  their  immediate  grant  and  obviate  the  need  for  further  STA  filing  and  processing.  14 
 12.  MSTV/  NAB  support  allowing  digital  modulation  on  all  BAS  frequencies  and  urge  that  the  Commission  grant  a  blanket  waiver  to  allow  digital  modulation  on  an  interim  basis  pending  the 

 outcome  of  this  proceeding.  They  contend  that  permitting  broadcasters  to  use  digital  modulation  in  all  BAS  bands  will  facilitate  the  transition  to  DTV.  15  However,  they  also  believe  that,  in  the  2  GHz  band, 
 there  is  uncertainty  about  the  likelihood  of  implementing  MSS.  MSTV/  NAB  therefore  urge  the  Commission  to  proceed  slowly  with  the  development  of  digital  technical  rules  for  the  2  GHz  band  and  to 
 defer  adoption  of  any  rules  until  the  issue  of  potentially  reallocating  the  MSS  spectrum  is  resolved.  16 
 13.  Comsearch  states  that  it  supports  allowing  digital  modulation  in  the  944-  952  MHz  and  2,  7,  and  13  GHz  bands  without  the  need  for  a  rule  waiver.  Comsearch  states  that,  once  digital  modulation 

 is  permitted  in  these  bands,  the  Commission  should  consider  modifying  the  BAS  frequency  plans  in  these  bands,  such  as  by  overlaying  narrowband  channels  on  the  existing  25  MHz  channels  in  the  7  GHz  band. 
 Comsearch  also  recommends  that,  to  promote  efficient  use  of  the  spectrum,  the  Commission  consider  capacity  and  loading  requirements  for  digital  BAS  systems,  similar  to  those  in  Section  101.141(  a)(  3),  but 
 adjusted  for  technical  differences  in  the  services.  17 
 14.  Microwave  Radio  Communications,  LLC  (MRC)  recommends  that  digitally  modulated  BAS  transmissions  be  required  to  contain  a  signal  identifier,  either  in  the  program  source  or  the  digital 

 modulation  process,  and  recommends  a  phase-  in  period  during  which  a  universally  recognized  standard  can  be  adopted.  18  SBE  asserts  that  there  is  a  need  for  automatic  identification  for  digitally  modulated 
 BAS  and  CARS  TV  Pickup  and  Local  Television  Transmission  Service  stations,  to  permit  quick  and  easy  identification  in  case  of  inadvertent  interference.  SBE  recommends  that  such  identification  should  be 
 comprised  of  an  FCC  call  sign,  a  unit  number  or  other  identifier,  a  contact  telephone  number,  and  a 
 13  Id.  at  2-  3. 
 14  Id.  at  3. 
 15  MSTV/  NAB  Comments  at  4. 
 16  Id.  at  5.  The  Commission  is  considering  various  options  for  alternative  uses  and  new  allocations  in  portions  of 
 the  1990-  2025  MHz  band  used  by  the  Mobile  Satellite  Service  (MSS),  previously  allocated  to  TV  BAS.  For  example,  in  IB  Docket  No.  01-  185,  we  are  seeking  comment  on  proposals  that  would  allow  MSS  licensees  to 

 provide  ancillary  terrestrial  component  (ATC)  operations  in  the  1990-  2025  MHz  MSS  band.  In  ET  Docket  No.  00-  258,  we  are  seeking  comment  on  proposals  to  support  the  introduction  of  new  advanced  wireless  services,  including 
 Third  Generation  (3-  G)  wireless  systems  in  spectrum  below  3  GHz,  including  some  of  the  MSS  spectrum  in  the  1990-  2025  MHz  band.  In  WT  Docket  No.  02-  55,  we  are  exploring  various  options  to  improve  public  safety 
 communications  in  the  800  MHz  band  that  could  include  relocating  incumbent  800  MHz  services  to  the  current  MSS  allocation  in  the  1990-  2025  MHz  band.  In  this  connection,  we  recently  suspended  for  one  year,  until 
 September  6,  2003,  the  expiration  date  for  the  initial  two-  year  mandatory  negotiation  period  for  Phase  1  of  the  2  GHz  band  relocation  plan  between  MSS  and  BAS.  See  Amendment  of  Section  2.106  of  the  Commissions  Rules  to 
 Allocate  Spectrum  at  2  GHz  for  Use  by  the  Mobile-  Satellite  Service,  Order,  ET  Docket  No.  95-  18,  67  FR  53754  (rel.  Aug.  19,  2002). 

 17  Comsearch  Comments  at  2. 
 18  MRC  Comments  at  8. 
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 manufacturer  identification  and  serial  number.  SBE  asserts  that  such  an  identification  system  would  be  inexpensive  and  therefore  recommends  that  a  Further  Notice  of  Proposed  Rule  Making  be  issued  to 
 explore  this  issue.  19 
 15.  Discussion.  As  proposed  in  the  Notice,  we  are  modifying  Section  74.637  to  permit  use  of  any  available  digital  modulation  technique  in  all  TV  BAS  bands  and  are  modifying  Section  74.535  to 

 permit  digital  modulation  in  all  aural  BAS  bands.  We  find  that  permitting  digital  modulation  in  the  2  GHz,  7  GHz,  13  GHz  TV  BAS  bands,  and  all  aural  BAS  bands  will  provide  licensees  with  increased 
 flexibility  in  the  provision  of  BAS  operations,  promote  more  efficient  use  of  this  spectrum,  and  facilitate  the  transition  to  reduced  channel  bandwidths  in  the  2  GHz  band,  and  to  DTV. 

 16.  We  see  no  need  to  delay  the  adoption  of  technical  rules  for  digital  modulation  in  the  2  GHz  band,  as  suggested  by  MSTV/  NAB.  We  note  that  there  are  approximately  twenty  pending 
 applications  for  use  of  digital  modulation  in  the  2  GHz  band  and  see  no  reason  to  delay  such  operations.  Licensees  may  apply  for  licenses  using  digital  emissions  beginning  on  the  effective  date  of  the  rules  of 
 this  Report  and  Order. 
 17.  We  find  no  need  to  impose  digital  loading  requirements  at  this  time.  We  note  that  no  specific  proposals  were  offered  and  there  is  no  indication  that  these  bands  are  being  used  inefficiently.  On 

 the  contrary,  we  expect  that  these  bands  will  be  used  more  intensively  with  the  transition  to  DTV  and  the  development  of  new  broadcast  services. 

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

 19.  In  order  to  facilitate  the  expeditious  processing  of  the  approximately  500  pending  applications  for  digital  BAS  operations,  the  following  BAS  rules  as  amended  in  Appendix  A  will  become 
 effective  as  of  the  adoption  date  of  this  Report  and  Order:  Sections  74.535  and  74.637.  21  Pursuant  to  5  U.  S.  C.    553(  d)(  1)  and  553(  d)(  3),  we  find  good  cause  to  make  these  rules  effective  immediately  rather 
 than  to  follow  the  normal  practice  of  making  them  effective  30  days  after  publication  in  the  Federal  Register,  due  to  the  pendency  of  the  BAS  applications.  Accordingly,  we  will  begin  processing  these  BAS 
 applications  on  the  adoption  date  of  this  Report  and  Order.  Defective  BAS  applications  filed  on  or  before  the  release  date  of  this  Report  and  Order  will  be  returned  with  the  opportunity  to  amend.  Defective 
 BAS  applications  filed  after  the  release  date  of  this  Report  and  Order  may  be  subject  to  dismissal.  In  addition,  we  will  allow  relief  from  any  new  frequency  coordination  requirement  imposed  by  the  rules  we 
 are  adopting,  such  as  new  prior  coordination  procedures  for  fixed  systems  proposed  in  applications 
 19  SBE  Comments  at  3,  4  and  27.  SBE  would  exempt  from  automatic  identification  low  power,  size/  weight  critical 
 applications  until  those  applications  would  not  be  burdened  by  compliance.  Id.  at  3-  4.  See  also  Viacom  Reply  Comments  at  5. 

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

 21  47  C.  F.  R.    74.535  and  74.637. 
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 accepted  for  filing  before  the  effective  date  of  the  rules.  22  Specifically,  we  will  deem  digital  applications  filed  before  the  effective  date  of  the  rules  in  this  Report  and  Order  to  have  been  properly  coordinated 
 under  the  existing  coordination  requirements,  absent  any  evidence  to  the  contrary,  and  we  will  not  require  re-  coordination  of  these  applications  under  prior  coordination  procedures  effective  under  the  new  rules 
 that  also  permit  digital  modulation.  23  We  conclude  that  adherence  to  the  existing  frequency  coordination  requirements  has  been  sufficient  to  ensure  that  these  digital  and  analog/  digital  systems  do  not  cause 
 harmful  interference  to  existing  stations,  and  that  re-  coordination,  or  the  imposition  of  frequency  coordination  where  it  was  not  previously  required,  would  be  unnecessarily  burdensome  to  the  applicants. 
 Moreover,  most  digital  BAS  systems  that  have  been  applied  for  are  operating  under  an  STA  and  we  have  not  received  any  evidence  of  interference  from  these  systems.  We  therefore  will  not  require  re-coordination 
 for  digital  applications  filed  before  the  effective  date  of  the  rules.  Finally,  we  will  exercise  flexibility  with  respect  to  compliance  with  the  technical  rules  adopted  herein  when  processing  these 
 applications. 
 20.  Given  the  expedited  handling  and  reliefs  set  forth  above,  we  believe  that  a  blanket  waiver  as  requested  by  SBE  and  MSTV/  NAB  would  not  further  hasten  the  processing  of  pending  digital 

 applications,  and  its  benefit  would  be  minimal.  We  therefore  find  the  issuance  of  a  blanket  waiver  unnecessary,  and  decline  to  do  so. 

 2.  Maximum  Effective  Isotropic  Radiated  Power  for  Short  Paths 
 21.  There  are  several  TV  BAS  rules  that  work  in  tandem  to  regulate  the  amount  of  power  that  can  be  used  at  a  specific  station.  Specifically,  Section  74.636  limits,  for  some  frequency  bands,  the 

 maximum  EIRP  24  for  which  a  TV  BAS  station  can  be  licensed,  25  and  Section  74.644  specifies  the 

 22  Generally,  these  are  the  applications  previously  filed  with  the  WTB  seeking  a  waiver  of  the  rules  to  allow  the  use 
 of  digital  modulation  in  the  2  GHz,  7  GHz,  and  13  GHz  bands. 
 23  Current  BAS  rules  encourage  local  coordination  procedures,  except  in  the  6425-  6525  MHz  and  17.7-  19.7  GHz 
 bands  shared  with  FS  operations,  where  the  procedures  set  forth  in  Section  101.103(  d),  commonly  referred  to  as  prior  coordination  procedures,  are  required  for  both  services  prior  to  the  filing  of  an  application,  and  in  the  12.7- 

 13.25  GHz  band,  where  an  engineering  study  must  be  conducted  prior  to  the  filing  of  an  application.  See  47  C.  F.  R.    74.502(  c),  74.503(  a),  74.604(  a),  74.638,  and  101.103(  d).  Local  coordination  procedures  are  not  defined  in  the 
 rules,  but  rather,  Sections  74.503(  a)  and  74.604(  a)  place  the  responsibility  for  frequency  selection  to  avoid  interference  on  applicants,  encouraging  the  use  of  local  BAS  coordinators  or  coordination  committees  where  they 
 exist,  and  no  evidence  of  the  accomplishment  of  frequency  coordination  is  required  to  be  submitted  with  the  license  application.  This  process  is  collectively  referred  to  as  local  frequency  coordination  or  as  local  coordination 
 procedures  Prior  coordination  procedures  in  Section  101.103(  d)  require  formal  notification  to  and  response  from  all  potentially  affected  licensees/  applicants  prior  to  filing  an  application  and  the  submission  of  a  certification  of 
 completion  of  notification  and  response,  and  a  list  of  licensees/  applicants  notified,  with  the  application.  As  detailed  in  Section  III.  A.  7  below,  this  Report  and  Order  adopts  prior  coordination  procedures  for  all  fixed  BAS  operations 
 except  in  the  1990-  2110  MHz  band,  where  local  coordination  procedures  will  remain  in  effect.  We  address  the  need  for  frequency  coordination  for  applications  for  digital  or  analog/  digital  operation  filed  under  new  frequency 
 coordination  and  major/  minor  classification  rules  in  Sections  III.  A.  4  and  III.  C.  2  below. 
 24  EIRP  is  the  product  of  the  power  supplied  to  the  antenna  and  the  antenna  gain.  The  power  supplied  to  the 
 antenna  is  the  transmitter  output  power  minus  some  line  loss  due  to  the  transmission  of  the  signal  from  the  transmitter  to  the  antenna. 

 25  47  C.  F.  R.    74.636. 
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 minimum  path  length  for  which  the  maximum  EIRP  will  be  authorized  for  fixed  links.  26  Applicants  proposing  path  lengths  shorter  than  the  minimum  path  lengths  specified  in  Section  74.644,  are  required  to 
 reduce  power  in  accordance  with  the  equation  provided  in  that  section.  27 
 22.  Currently,  the  equation  specified  in  Section  74.644  requires  a  steep  reduction  in  EIRP  for  paths  slightly  shorter  than  the  specified  minimum.  28  For  example,  the  maximum  EIRP  for  fixed  links 

 operating  in  the  6875-  7125  MHz  band  is  55  dBW  and  the  minimum  path  length  is  17  km.  Based  on  the  current  equation,  an  applicant  proposing  a  path  length  of  16  km  would  have  to  reduce  its  EIRP  to  29.5 
 dBW,  a  reduction  of  more  than  25  dB.  As  stated  in  the  Notice,  this  equation  was  previously  used  for  determining  maximum  EIRP  for  short  paths  for  FS  operations  in  Part  101  as  well.  The  Notice  observed 
 that,  in  the  Report  and  Order  in  WT  Docket  No.  94-  148,  the  Commission  adopted  a  new  equation  for  Part  101  that  eliminated  the  steep  drop  in  EIRP  at  path  lengths  slightly  shorter  than  the  minimum.  29  Using  the 
 equation  now  codified  at  Section  101.143,  30  the  reduction  in  EIRP  for  the  example  above  would  be  approximately  1  dB    a  sharp  contrast  to  the  25  dB  computed  using  the  current  equation  in  Section 
 74.644. 
 23.  The  Commission  further  noted  that  the  same  equation  as  currently  used  for  the  BAS  is  also  used  for  CARS.  The  Commission  stated  that  it  believed  that  the  CARS  would  also  benefit  from 

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

 24.  The  parties  generally  support  the  Commissions  proposals  changing  the  equation  for 
 26  47  C.  F.  R.    74.644.  We  will  refer  to  the  minimum  path  length  for  which  maximum  EIRP  will  be  authorized 
 simply  as  minimum  path  length.  We  note,  however,  that  this  discussion  concerns  the  accommodation  of  path  lengths  that  are  shorter  than  the  minimum  path  length. 

 27  47  C.  F.  R.    74.644(  b).  The  equation  specified  in  the  rules  is  EIRP  =  30    20  log(  A/  B)  dBW;  where  A  is  the 
 minimum  path  length  specified  in  paragraph  (a)  of  this  section  and  B  is  the  actual  path  length  in  kilometers. 
 28  See  TIA  Petition  at  A.  28. 

 29  See  In  The  Matter  Of  Reorganization  And  Revision  Of  Parts  1,  2,  21,  And  94  Of  The  Rules  To  Establish  A  New 
 Part  101  Governing  Terrestrial  Microwave  Fixed  Radio  Services,  WT  Docket  No.  94-  148,  Report  and  Order,  11  FCC  Rcd  13449  (1996)  (Part  101  Order).  The  equation  adopted  in  that  action  is  EIRP  =  MAXEIRP    40  log 

 (A/  B);  where  MAXEIRP  is  the  maximum  allowable  EIRP,  A  is  the  minimum  path  length  specified  in  the  rules,  and  B  is  the  actual  path  length  in  kilometers. 

 30  47  C.  F.  R.    101.143. 
 31  Notice  at    16. 
 32  Id.  at    17. 
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 maximum  EIRP  for  short  paths,  establishing  a  minimum  path  length  of  17  km  for  the  2450-  2483.5  MHz  band,  and  grandfathering  at  their  current  power  level  any  existing  fixed  links  in  the  2450-  2483.5  MHz 
 band  that  are  less  than  17  km.  33  In  addition,  SBE  and  MRC  recommend  that  existing  BAS  links  that  were  authorized  before  April  1,  1987  and  grandfathered  by  the  current  provisions  of  Section  74.644  with 
 respect  to  path  length  and  EIRP,  and  that  are  modifying  their  authorizations  to  convert  from  analog  to  multiplexed  analog  plus  digital  or  to  digital  operation,  should  not  lose  their  grandfathered  status.  34  SBE 
 explains  that  such  paths  may  require  continued  operation  at  elevated  power  levels  to  avert  interference  from  other  systems.  MRC  asserts  that  grandfathered  status  should  continue  for  such  paths,  provided  the 
 converted  paths  do  not  cause  harmful  interference  to  existing  co-  channel  or  adjacent  channel  systems.  MRC  also  asserts  that  if  any  existing  TV  studio-  transmitter  link  (STL)  or  TV  relay  link  35  is  converted 
 from  analog  to  multiplexed  digital/  analog  operation  and  is  approved  by  a  local  coordinating  body,  that  conversion  should  be  treated  as  a  minor  modification.  MRC  recommends  that  existing  inefficient  analog 
 receivers  not  be  protected  from  converting  grandfathered  links.  Specifically,  MRC  recommends  that,  if  a  grandfathered  link  converting  from  analog  to  multiplexed  analog/  digital  operation  would  cause  harmful 
 interference  to  an  analog  receiver  with  a  3  dB  bandwidth  greater  than  30  MHz,  that  receiver  would  be  required  to  be  upgraded.  Finally,  MRC  recommends  that  the  1990-  2110  MHz  and  2450-  2483.5  MHz 
 bands  be  made  available  for  use  by  Remote  Pickup  BAS  as  well  as  mobile  TV  BAS  operations  currently  occupying  the  spectrum,  and  that  fixed  operations  in  these  bands  be  phased  out  over  time,  in  favor  of 
 mobile  use  of  the  spectrum,  which  MRC  believes  is  more  appropriate.  In  order  to  encourage  the  migration  of  point-  to-  point  fixed  links  out  of  these  bands,  MRC  recommends  that  new  point-  to-  point 
 fixed  links  with  path  lengths  less  than  17  km  not  be  permitted  and  that  existing  such  links  be  phased  out  of  these  bands  within  five  years.  36 

 25.  Discussion.  We  find  that  adopting  the  proposals  set  forth  in  the  Notice  will  enhance  the  reliability  of  fixed  links  for  the  BAS  in  Part  74  and  the  CARS  in  Part  78.  Adopting  the  same  equation  for 
 fixed  operations  in  each  of  these  rule  parts  will  treat  similar  stations  in  a  comparable  manner,  simplify  station  coordination  in  shared  frequency  bands,  and  reduce  the  potential  of  harmful  interference  occurring 
 among  stations  authorized  under  different  rule  parts.  Accordingly,  we  are  modifying  our  rules  to  implement  in  Sections  74.644  and  78.108  the  same  equation  codified  at  Section  101.143  for  determining 
 the  maximum  EIRP  for  path  lengths  shorter  than  the  specified  minimum.  Further,  we  are  grandfathering  existing  fixed  links  that  are  less  than  17  km  in  length  in  the  2450-  2483.5  MHz  band.  However,  we  will 
 not  permit  grandfathered  or  other  existing  links  that  are  modifying  from  analog  operation  to  analog/  digital  or  digital  operation,  to  retain  grandfathered  status,  and  thus  continue  operation  at  their  current  elevated 
 power  levels,  or  be  treated  as  minor  modifications,  even  if  operation  is  interference-  free  or  is  frequency  coordinated,  unless  operation  at  the  higher  power  levels  is  justified.  Such  continuation  would  otherwise 

 33  See  SBE  Comments  at  4-  5;  Comsearch  Comments  at  2-  3;  APTS/  PBS  Comments  at  3;  MSTV/  NAB  Comments  at 
 6;  MRC  Comments  at  7;  TIA  Reply  Comments  at  2. 
 34  SBE  Comments  at  4-  5;  MRC  Comments  at  7. 

 35  Section  74.601  defines  a  TV  STL  station  (studio-  transmitter  link)  as  a  fixed  station  used  for  the  transmission  of 
 TV  program  material  and  related  communications  from  the  studio  to  the  transmitter  of  a  TV  broadcast,  Class  A  TV,  or  low  power  TV  station,  or  for  other  purposes  as  authorized  in    74.631.  Section  74.601  defines  a  TV  relay  station 

 as  a  fixed  station  used  for  transmission  of  TV  program  material  and  related  communications  for  use  by  TV  broadcast,  Class  A  TV,  and  low  power  TV  stations,  of  for  other  purposes  as  authorized  in    74.631.  47  C.  F.  R.   
 74.601. 
 36  MRC  Comments  at  7. 
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 ignore  the  existing  requirement  in  Sections  74.644  and  78.108(  c)  that  power  in  excess  of  that  specified  be  justified  by  an  appropriate  technical  showing,  37  and  could  lead  to  the  continuation  of  unnecessarily 
 excessive  power  levels,  thus  defeating  the  spectral  efficiency  intended  by  minimum  path  length  requirements.  We  decline  to  classify  the  conversion  from  analog  to  analog/  digital  or  digital  operation  as  a 
 minor  modification,  as  recommended  by  MRC.  For  reasons  explained  in  detail  in  III.  A.  4,  III.  A.  7,  and  III.  C.  2  below,  such  a  change  is  and  will  remain  classified  as  major  under  Section  1.929.  38  Further,  while 
 operation  without  interference  is  possible,  and  frequency  coordination  may  demonstrate  the  ability  of  the  system  to  operate  without  interference,  neither  would  necessarily  justify  the  continuation  of  higher  power 
 levels,  or  thus  warrant  the  continuation.  We  therefore  decline  to  accept  such  conditions  as  sufficient  justification  to  warrant  the  continuation  of  higher  power  levels,  and  will  continue  to  require  an 
 appropriate  technical  showing  justifying  the  elevated  power,  as  required  by  Section  74.644.  With  respect  to  MRC's  recommendation  to  require  upgrade  of  old  analog  receivers  to  avert  harmful  interference  from  a 
 system  converting  to  multiplexed  analog/  digital  operation,  we  decline  to  impose  such  an  upgrade,  as  our  rules  do  not  contain  minimum  receiver  performance  requirements. 

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

 3.  Transmitter  Power 
 27.  Currently,  Sections  74.636  and  74.534  of  the  Commissions  rules  specify  the  power  limitations  for  TV  and  aural  BAS  operations,  respectively.  39  For  some  frequency  bands,  only  transmitter 

 output  power  is  specified,  and  for  other  bands,  both  transmitter  output  power  and  EIRP,  which  describes  the  amount  of  energy  that  is  actually  being  radiated  by  the  transmitting  antenna,  are  specified.  40  In  the 

 37  Sections  74.644(  c)  and  78.108(  c)  state  that  upon  appropriate  technical  showing,  applicants  and  licensees  unable 
 to  meet  the  minimum  path  length  requirement  may  be  granted  an  exception  to  the  EIRP  reduction  requirements.  See  47  C.  F.  R.    74.644(  c),  78.108(  c).  For  example,  operation  through  a  passive  repeater,  where  the  path  of  the 

 transmitted  signal  comprises  two  segments,  one  before  and  one  after  the  repeater,  may  necessitate  that  the  EIRP  on  a  shorter  first  segment  be  elevated  to  ensure  that  the  signal  will,  after  propagating  over  both  segments,  be  sufficient 
 for  reliable  reception  at  the  final  receive  antenna. 
 38  47  C.  F.  R.    1.929. 

 39  47  C.  F.  R.    74.534,  74.636.  We  note  that  it  is  common  for  a  single  transmitter  to  be  certificated  for  use  in  Parts 
 74,  78,  and  101  and  Sections  74.534  and  74.636. 
 40  47  C.  F.  R.    74.636  and  74.534.  For  example,  Section  74.636  specifies  a  maximum  allowable  transmitter  power 
 of  20.0  watts  for  fixed  TV  BAS  operations  in  the  1990-  2110  MHz  band,  but  does  not  specify  a  maximum  allowable  EIRP.  In  contrast,  this  rule  Section  specifies  a  maximum  allowable  output  power  of  20  watts  and  a  maximum 

 allowable  EIRP  of  55  dBW  for  fixed  TV  BAS  operations  in  the  6875-  7125  MHz  band. 
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 Notice,  the  Commission  proposed  to  modify  the  BAS  rules  to  specify  only  EIRP  values  for  all  aural  and  TV  BAS  frequency  bands.  It  proposed  to  conform  EIRP  limitations  on  BAS  and  CARS  operations  with 
 those  for  FS  operations  in  bands  where  operation  is  similar,  and  to  specify  EIRP  limitations  on  mobile  BAS  and  CARS  operations  based  on  existing  maximum  transmitter  power  and  typical  antenna  gain. 
 Specifically,  the  Commission  proposed  that:  (a)  aural  BAS  operations  in  the  944-  952  MHz  band  be  limited  to  a  maximum  EIRP  of  40  dBW;  (b)  fixed  operations  for  TV  BAS  in  the  1990-  2110  MHz  and 
 2450-  2500  MHz  bands  be  limited  to  a  maximum  EIRP  of  45  dBW;  and  (c)  mobile  operations  for  TV  BAS  in  those  same  bands  and  CARS  operations  in  the  1990-  2110  MHz  band  be  limited  to  a  maximum 
 EIRP  of  35  dBW.  The  Commission  sought  comment  on  whether  the  50  dBW  EIRP  limit  on  FS  operations  in  the  12,700-  13,250  MHz  band  should  be  increased  to  conform  with  the  55  dBW  limit  on 
 BAS  and  CARS  operations  in  that  band.  It  also  sought  comment  on  whether  different  power  standards  should  be  adopted  for  digital  and  analog  equipment.  The  Commission  also  requested  comment  as  to 
 whether  it  should  remove  the  specifications  for  transmitter  output  power  from  the  BAS  rules  consistent  with  the  Part  101  approach.  41 

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

 transmitter  to  overcome  prohibitive  waveguide  losses  on  a  tall  tower.  However,  SBE  opposes  eliminating  output  power  limits  for  TV  Pickup  stations  because  the  lack  of  antenna  standards  for  these  stations  would 
 pose  an  interference  threat  to  other  users.  SBE  concurs  with  the  proposed  EIRP  limits  for  950  MHz  Aural  BAS  fixed  links  and  2  and  2.5  GHz  fixed  links.  SBE  opposes  lower  EIRP  limits  for  digitally  modulated 
 systems  than  for  analog  modulated  systems  because  they  may  operate  in  interference-  limited  markets  where  a  lower  maximum  EIRP  could  result  in  more  susceptibility  to  interference  from  higher  EIRP 
 analog  paths.  46  SBE  also  opposes  Globalstars  recommendation  that  only  the  2450-  2483.5  MHz  band  be 
 41  Notice  at    18-  24. 

 42  See  APTS/  PBS  Comments  at  3;  MSTV/  NAB  Comments  at  6;  MRC  Comments  at  8;  TIA  Reply  Comments  at  3. 
 43  Comsearch  Comments  at  3-  4.  Comsearch  explains  that  multichannel  video  systems  typically  use  much  lower 
 EIRP  levels  than  single  channel  transmission  systems  because  of  linearity  issues  within  the  transmission  system. 
 44  MRC  Comments  at  8. 

 45  Globalstar  Comments  at  3. 
 46  SBE  Comments  at  5-  6. 
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 specified  as  available  for  BAS  operations.  SBE  notes  that  BAS  stations  at  2483.5-  2500  MHz  band  were  grandfathered  by  the  Report  and  Order  in  Gen.  Docket  84-  690.  47 
 30.  Discussion.  We  find  that  the  proposals  to  harmonize  power  limits  among  Parts  74,  78,  and  101,  and  to  express  those  limits  as  maximum  EIRPs  will  provide  consistency  and  promote  greater 
 efficiency  in  our  rules.  Accordingly,  we  are  adopting  our  proposals  and  are  specifying  the  following  EIRP  limits:  (a)  for  aural  BAS  operations  in  the  944-  952  MHz  band,  40  dBW;  (b)  for  fixed  operations  for 
 TV  BAS  in  the  1990-  2110  MHz  and  2450-  2483.5  MHz  bands,  45  dBW;  and  (c)  for  mobile  operations  for  TV  BAS  in  the  1990-  2110  MHz  and  2450-  2483.5  MHz  bands  and  CARS  operations  in  the  1990-  2110 
 MHz  band,  35  dBW.  We  are  also  deleting  output  power  limitations  for  fixed  systems  as  it  will  permit  flexibility  in  designing  systems.  However,  we  will  maintain  output  power  limitations  in  the  rules  for 
 mobile  systems.  Maintaining  these  limits  will  reduce  the  potential  for  interference  from  mobile  systems  because  they  limit  EIRP  for  omnidirectional  mobile  systems  and  reduce  off-  axis  EIRP  for  directional 
 mobile  systems. 
 31.  As  noted  above,  Comsearch  asks  that  the  Part  101  EIRP  limit  for  the  12,200-  13,250  MHz  band  be  amended  from  50  dBW  to  conform  to  the  Parts  74  and  78  limit  of  55  dBW.  We  generally  agree. 

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

 47  SBE  Reply  Comments  at  4.  See  also  In  the  Matter  of  Amendment  of  the  Commissions  Rules  to  Allocate 
 Spectrum  for,  and  to  Establish  other  Rules  and  Policies  Pertaining  to,  a  Radiodetermination  Satellite  Service,  FCC  85-  388,  Gen.  Docket  No.  84-  689,  RM-  4426;  Policies  and  Procedures  for  Licensing  of  Space  and  Earth  Stations  in 

 the  Radiodetermination  Satellite  Service,  Gen.  Docket  No.  84-  690;  Application  of  Geostar  Corporation  For  Authority  to  Construct,  Launch  and  Operate  Space  Stations  in  the  Radiodetermination  Satellite  Service,  File  Nos. 
 2191-  DSS-  P/  L-  83,  2192-  DSS-  P/  L-  83,  2193-  DSS-  P/  L-  83,  2194-  DSS-  P/  L-  83;  a  Request  to  Allocate  the  1606.8-  1613.8  MHz  band  on  a  Primary  Basis  to  the  Radio  Astronomy  Service,  RM-  4839;  Report  and  Order,  50  FR  39101 
 (Sep.  27,  1985),  at    18-  19. 
 48  See  47  C.  F.  R.    101.147(  a),  note  22  which  prohibits  new  permanent  fixed  point-  to-  point  facilities  in  the  12.7-  13.2 
 GHz  band. 
 49  47  C.  F.  R.  101.803(  b). 

 50  We  will  also  update  the  references  in  Section  101.803(  b)  to  Sections  78.18(  a)(  7)  and  (a)(  8),  to  conform  with  their 
 redesignation  as  Sections  78.18(  a)(  6)  and  (a)(  7).  See  In  the  Matter  of  Rulemaking  to  Amend  Parts  1,  2,  21,  and  25  of  the  Commissions  Rules  to  Redesignate  the  27.5-  29.5  GHz  Frequency  Band,  to  Reallocate  the  29.5-  30.0  GHz 

 Frequency  Band,  to  Establish  Rules  and  Policies  for  Local  Multipoint  Distribution  Service  and  for  Fixed  Satellite  Services,  Second  Report  and  Order,  Order  or  Reconsideration,  and  Fifth  Notice  of  Proposed  Rulemaking,  CC 
 Docket  No.  92-  297,  12  FCC  Rcd  12545  (FCC  97-  82)  (1997),  at    104  and  Appendix  A,  Final  Rules. 
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 32.  We  further  find  that  maintaining  the  same  EIRP  limits  for  digital  and  analog  systems  is  appropriate  because,  although  digital  systems  would  normally  require  less  EIRP  to  operate,  lowering  their 
 maximum  EIRP  could  render  them  more  susceptible  to  interference  from  higher  powered  analog  systems.  Finally,  regarding  BAS  station  operations  at  2483.5-  2500  MHz,  we  agree  with  Globalstar  that  the  new 
 EIRP  limits  should  not  apply  to  grandfathered  systems.  Accordingly,  in  the  final  rules  set  forth  in  Appendix  A,  we  are  specifying  that  only  the  2450-  2483.5  MHz  band  is  available  for  BAS  stations.  We 
 note,  however,  that  this  action  in  no  way  affects  the  continued  rights  of  grandfathered  BAS  stations  in  the  2483.5-  2500  MHz  band,  as  described  in  footnote  NG147  of  the  Table  of  Frequency  Allocations.  51 

 4.  Emission  Masks 
 33.  Emission  masks  serve  to  maximize  spectrum  efficiency  by  permitting  reasonable  and  practical  information  transfer  within  a  channel  and  at  the  same  time  limiting  out-  of-  band  emissions  to 

 minimize  adjacent  channel  interference.  Our  rules  contain  a  number  of  emission  masks  tailored  to  specific  operations  and  channel  sizes.  For  example,  different  emission  masks  are  authorized  under  Parts 
 74,  78,  and  101.  52  Although  the  same  equipment  is  often  certified  and  used  by  licensees  in  different  services,  our  rules,  in  some  cases,  allow  each  service  to  use  a  different  emission  mask  for  the  same  type  of 
 emission  (e.  g.,  FM,  AM,  etc.)  in  the  same  frequency  band.  53  The  Commission  in  the  Notice  proposed  to  make  the  FM  and  digital  modulation  emission  mask  requirements  for  BAS  consistent  with  the 
 requirements  for  FS  in  Part  101  and  proposed  to  adopt  standard  measurement  procedures  to  measure  emissions.  Additionally,  the  Commission  proposed  to  grandfather  existing  equipment  authorized 
 pursuant  to  current  emission  masks.  Specifically,  the  Notice  proposed  the  following: 
 TV  BAS    For  FM  modulation  in  all  TV  BAS  frequency  bands,  to  eliminate  the  FM  emission  mask  of  Section 

 74.637(  a)  and  to  apply  the  FM  emission  mask  of  Section  74.637(  c)(  1)  (same  as  Section  101.111(  a)(  1)).  54  The  emission  mask  in  paragraph  (c)(  1)  would  provide  equipment  manufacturers 
 more  flexibility  in  the  design  of  equipment  because  it  permits  the  out-  of-  band  emissions  to  be  attenuated  at  a  slightly  slower  rate.  Such  flexibility  can  be  gained  without  compromising  the 
 interference  potential  of  these  transmitters  because  we  believe  that  the  specified  attenuation  is  sufficient  to  protect  adjacent  channel  operations; 
   For  digital  modulation  in  TV  BAS  frequency  bands  above  15  GHz  ,  to  apply  the  emission  mask  for  digital  modulation  in  Section  74.637(  c)(  2)  (same  as  Section  101.111(  a)(  2)(  ii))  (no  change  from 
 current  rules); 

 51  47  C.  F.  R.    2.106. 
 52  47  C.  F.  R.    74.462,  74.535,  74.637,  78.103,  and  101.111. 
 53  We  note  that  it  is  common  for  a  single  transmitter  to  be  certificated  for  use  in  Parts  74,  78,  and  101. 
 54  The  FM  emission  mask  specified  in  Sections  74.637(  a)  and  74.637(  c)(  1)  differs  slightly  in  the  attenuation 
 schedules  they  specify.  The  emission  mask  of  paragraph  (a)  specifies  attenuations  of  25  dB,  35  dB,  and  43+  10  Log(  Power)  dB  on  frequencies  removed  from  the  assigned  frequency  by  more  than  50%  and  up  to  100%,  by 

 more  than  100%  and  up  to  150%,  and  by  more  than  150%,  respectively.  The  emission  mask  of  paragraph  (c)(  1)  specifies  the  same  attenuations,  but  the  corresponding  frequencies  on  which  they  apply  are  those  removed  from  the 
 assigned  frequency  by  more  than  50%  and  up  to  100%,  by  more  than  100%  and  up  to  250%,  and  by  more  than  250%,  respectively.  Also,  the  emission  mask  of  paragraph  (c)(  1)  specifies  that  attenuations  of  greater  than  80  dB 
 are  not  required. 
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   For  digital  modulation  in  all  TV  BAS  frequency  bands  below  15  GHz,  to  apply  the  emission  mask  for  digital  modulation  in  Section  101.111(  a)(  2)(  i); 
   For  vestigial  sideband  amplitude  modulation  in  all  TV  BAS  frequency  bands,  to  apply  the  emission  mask  for  vestigial  sideband  amplitude  modulation  in  Section  74.637(  c)(  3)  (no  change  from  current 
 rules);  and    For  all  other  types  of  modulation  in  all  TV  BAS  frequency  bands,  to  apply  the  emission  mask  of 
 Section  74.637(  b)  (no  change  from  current  rules). 
 Aural  BAS    For  FM  modulation  in  all  aural  BAS  frequency  bands,  to  eliminate  the  FM  emission  mask  of  Section 

 74.535(  a)  and  to  apply  the  FM  emission  mask  of  Section  74.535(  e)(  1)  (same  as  Section  101.111(  a)(  1)).  As  with  the  choice  of  emission  mask  for  TV  BAS,  the  emission  mask  of  paragraph 
 (e)(  1)  would  provide  equipment  manufactures  more  flexibility  in  equipment  design  than  the  emission  mask  of  paragraph  (a); 
   For  digital  modulation  in  aural  BAS  frequency  bands  above  15  GHz,  to  apply  the  emission  mask  for  digital  modulation  in  Section  74.535(  e)(  2)  (same  as  Section  101.111(  a)(  2)(  ii))  (no  change  from 
 current  rules);    For  digital  modulation  in  aural  BAS  frequency  bands  below  15  GHz,  to  apply  the  emission  mask  for 
 digital  modulation  in  Section  101.111(  a)(  2)(  i);  and    For  all  other  types  of  modulation  in  all  aural  BAS  frequency  bands,  to  apply  the  emission  mask  of 
 Section  74.535(  b)  (no  change  from  current  rules).  55 
 34.  We  also  sought  comment  on  the  proper  emission  mask  to  apply  to  equipment  that  multiplexes  both  analog  and  digital  signals  for  transmission  over  a  single  channel.  56  Such  operation 

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

 55  Notice  at    27-  32. 
 56  For  example,  as  TV  stations  transition  to  DTV,  they  generally  will  maintain  their  existing  analog  station  until 
 such  time  that  the  DTV  transition  is  complete.  During  the  transition,  these  stations  may  transmit  both  analog  and  digital  signals  from  remote  locations  back  to  the  studio  and  over  STLs,  and  these  two  signals  may  be  multiplexed 

 and  transmitted  over  a  common  channel  simultaneously. 
 57  47  C.  F.  R.    101.141(  b). 

 58  Notice  at    31. 
 59  Id.  at    32. 
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 35.  APTS/  PBS  support  the  proposals  standardizing  emission  masks.  60  MSTV/  NAB  support  the  goal  of  conforming  BAS  emission  mask  with  Part  101,  but  urge  input  from  broadcasters  and 
 equipment  manufacturers  before  finalizing  rules  for  BAS  FM  emission  masks  with  slower  attenuation  rates.  MSTV/  NAB  further  recommend  that  the  Commission  not  adopt  digital  emission  masks  for  the  2 
 GHz  band  until  the  industry  has  settled  on  a  specific  digital  technology.  61  Red  River  Broadcast  Co.  LLC  and  KQDS  Acquisition  Corp.  (Red  River)  support  the  rule  revisions  proposed  for  emission  masks  for 
 BAS,  but  emphasize  that  existing  equipment  must  be  grandfathered  indefinitely  to  avert  a  substantial  economic  impact  on  their  operations.  62  SBE  states  that  Part  74  and  Part  101  emission  masks  should  be 
 consistent,  but  defers  to  equipment  manufacturers  regarding  the  specific  emission  masks  that  should  be  used. 

 36.  One  commenter,  MRC,  which  manufactures  a  dual  carrier  digital/  FM  analog  transmitter,  provides  extensive  comment  on  emission  masks  for  composite  systems,  such  as  its  TwinStream  radio.  63 
 MRC  argues  that  its  composite  system  is  analogous  to  an  analog/  digital  multiplexed  system  and  as  such  should  be  treated  similarly.  It  supports  our  proposal  to  require  compliance  with  the  digital  emission  mask 
 when  the  digital  modulation  occupies  50%  or  more  of  the  total  peak  deviation  of  a  system  carrying  analog  FM  and  digital  signals  multiplexed  together  and  suggest  that  the  same  rule  should  apply  to  composite 
 systems.  Therefore,  because  the  analog  portion  of  the  signal  transmitted  by  the  TwinStream  radio  occupies  60%  of  the  channel,  64  they  propose  that  only  the  FM  emission  mask  of  Section  74.637(  c)(  1)  or 
 Section  74.637(  a)  should  apply.  65  Likewise,  MRC  also  requests  that  ENG  systems  below  15  GHz  that  are  selectable  for  either  analog  or  digital  modulation  only  meet  the  requirements  of  the  FM  emission  mask  of 
 Section  74.637(  a).  66 
 37.  MRC  also  comments  on  the  appropriate  emission  mask  to  apply  to  ENG  radios  using  Coded  Orthogonal  Frequency  Division  Multiplexing  (COFDM).  67  They  argue  that  the  more  flexible  FM 

 emission  mask  of  Section  74.637(  a)  rather  than  the  digital  emission  mask  of  Section  101.111(  a)(  2)  should 
 60  APTS/  PBS  Comments  at  4. 
 61  MSTV/  NAB  Comments  at  7. 
 62  Red  River  Comments  at  1-  1. 
 63  MRCs  composite  radio  is  sold  as  the  TwinStream  radio.  This  radio  uses  two  separate  carriers    one  to  transmit 
 an  analog  NTSC  signal  (approximately  15  megahertz  bandwidth)  and  one  to  transmit  a  digital  ATSC  signal  (approximately  7.5  megahertz  bandwidth).  These  carriers  are  offset  from  the  center  frequency  of  the  channel  and 

 the  analog  and  digital  signals  are  transmitted  side-  by-  side.  See  MRC  Comments  at  4-  5;  MRC  Reply  Comments  at  3-  4;  MRC  Ex  Parte  filing  of  April  3,  2002,  at  2-  5;  and  MRC  Ex  Parte  filing  of  April  18,  2002,  at  2. 

 64  The  analog  signal  is  approximately  15  megahertz  wide  and  the  channel  is  25  megahertz  wide;  15/  25  =  0.6. 
 65  MRC  contends,  however,  that  the  analog  and  digital  portions  of  the  TwinStream  composite  signal  individually 
 meet  the  existing  FM  (Section  74.637(  a))  and  digital  (Section  101.111(  a)(  2))  emission  masks.  See  MRC  Ex  Parte  filing  of  April  3,  2002,  at  2;  MRC  Ex  Parte  filing  of  April  18,  2002,  at  2. 

 66  MRC  Ex  Parte  filing  of  April  3,  2002,  at  5. 
 67  Coded  Orthogonal  Frequency  Division  Multiplexing  (COFDM)  is  a  modulation  scheme  that  divides  a  single 
 digital  signal  across  1,000  or  more  signal  carriers  simultaneously  (FDM).  The  signals  are  coded  to  take  advantage  of  forward  error  correction  techniques  and  are  spaced  at  precise  frequencies  which  prevents  the  demodulators  from 

 seeing  frequencies  other  than  their  own  (hence,  orthogonal)  so  they  do  not  interfere  with  each  other. 
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 apply.  They  claim  that  the  more  stringent  digital  mask  would  require  COFDM  ENG  transmitters  when  using  complex  modulation  methods  for  the  individual  carriers  to  operate  at  lower  power  levels  to  avoid 
 intermodulation  68  products  that  exceed  the  mask.  69  Thus,  they  state  that  they  must  reduce  power,  which  reduces  range,  to  operate  in  the  linear  region  of  the  amplifier  to  meet  the  digital  emission  mask.  70  MRC 
 also  claims  that  the  same  relief  is  needed  for  single-  carrier  digital  systems  at  2  GHz  to  accommodate  the  12-  17  megahertz  bandwidth  reductions  required  due  to  the  reallocation  of  the  1990-  2025  MHz  band  to 
 MSS. 
 38.  Many  commenters  also  addressed  the  issue  of  the  proper  emission  designator  to  apply  to  hybrid  analog/  digital  systems.  APTS/  PBS  assert  that  a  dual  emission  designator  should  be  used  to 

 characterize  a  hybrid  analog/  digital  system.  71  SBE  agrees  and  observes  that  hybrid  FM  and  digital  video  links  clearly  exhibit  dual  emissions.  Therefore,  they  should  be  required  to  exhibit  separate  frequencies 
 and  emission  designators  for  each  emission,  rather  than  using  a  single  emission  designator  such  as  F9W.  72  In  contrast,  MRC  supports  the  continued  use  of  a  single  emission  designator  for  multiplexed  analog  and 
 digital  signals  because  such  a  system  multiplexes  two  baseband  systems  and  transmits  them  using  a  single  transmitter.  Thus,  MRC  contends  that  a  single  emission  designator  is  proper.  73  SBE  also  asks  the 
 Commission  to  clarify  the  correct  emission  designator  to  apply  to  COFDM  modulation.  74  Finally,  MRC  asks  the  Commission  to  consider  eliminating  the  collection  of  emission  types  for  digital  systems  because 

 68  Intermodulation  is  the  production  of  frequencies  corresponding  to  the  sum  and  difference  frequencies  of  the 
 fundamentals  and/  or  harmonics  which  occurs  when  the  frequencies  are  mixed  in  a  nonlinear  element  of  a  system.  Intermodulation  products  are  characterized  by  their  order,  where  the  nth  order  products  are  generated  by  n  iterations 

 of  frequencies.  For  example,  for  frequencies  f1  and  f2,  the  2  nd  order  products  are:  f2  +f1  and  f2  -  f1;  and  the  3  rd  order  products  are:  2f2  +  f1,  2f2-  f1,  2f1  +  f2,  and  2f1  -  f2.  In  the  case  of  COFDM,  these  intermodulation  products 
 could  be  generated  due  to  interactions  between  any  of  the  many  carrier  (fundamental)  frequencies  being  used.  Because  each  carrier  must  be  located  within  the  limits  of  the  emission  mask,  3  rd  order  products  may  fall  either 
 within  the  emission  mask  or  just  outside  of  it.  For  example,  if  f2  is  a  frequency  near  the  upper  end  of  the  emission  mask,  a  3  rd  order  product  of  2f2    f1  is  a  higher  frequency  than  f2  and  may  be  outside  of  the  emission  mask. 

 69  MRC  Ex  Parte  filing  of  April  18,  2002,  at  3. 
 70  Id. 
 71  APTS/  PBS  Comments  at  4. 
 72  See  47  C.  F.  R.    2.201.  Emissions  are  designated  according  to  their  classification  and  necessary  bandwidth.  A 
 minimum  of  three  symbols  are  used  to  describe  the  basic  characteristics  of  the  radio  emission.  The  first  symbol  designates  the  type  of  modulation.  For  example,  F  is  used  for  frequency  modulation.  The  second  symbol 

 designates  the  nature  of  the  signal  modulating  the  main  carrier.  For  example,  7  is  used  for  two  or  more  channels  containing  quantized  or  digital  information.  The  third  symbol  designates  the  type  of  information  to  be  transmitted. 
 For  example,  F  is  used  for  television  (video)  information.  In  the  case  above,  the  emission  type  F9W  refers  to  modulation  where  the  main  carrier  is  frequency  modulated,  indicated  by  F  as  the  first  symbol;  the  signal 
 modulating  the  main  carrier  is  a  composite  of  one  or  more  channels  containing  quantized  or  digital  modulation,  together  with  one  or  more  channels  containing  analog  information,  indicated  by  9  as  the  second  symbol;  and  the 
 type  of  information  being  transmitted  is  a  combination  of  data,  telephony  (including  sound  broadcasting),  and/  or  television  (video),  indicated  by  W  in  the  third  symbol. 

 73  MRC  Reply  Comments  at  2-  3. 
 74  SBE  Comments  at  6-  7. 
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 their  emission  type  no  longer  serves  a  useful  purpose  as  all  digital  signals  exhibit  similar  emission  spectra.  75 
 39.  Discussion.  Commenters  generally  did  not  address  our  proposals  to  standardize  the  emission  masks  between  Part  74  and  Part  101.  Most  comments  addressed  nuances  of  the  rules,  such  as 
 how  they  apply  to  composite  systems.  On  the  specific  emission  masks  proposed,  the  comments  received  were  supportive.  Only  MSTV/  NAB  caution  against  adopting  a  digital  emission  mask  for  the  2  GHz  band 
 at  this  time  due  to  the  lack  of  standards  among  manufacturers.  We  are  mindful  of  MSTV/  NABs  concerns.  However,  we  believe  that  maintaining  the  status  quo  in  the  2  GHz  band  would  harm  the 
 industry  more  than  help  it.  By  providing  certainty  to  manufactures  and  users  regarding  equipment,  we  believe  that  the  industry  will  be  able  to  move  forward  and  begin  making  wide  scale  use  of  digital 
 equipment  to  increase  spectral  efficiency  and  to  ensure  that  equipment  is  available  for  broadcasters  as  they  transition  to  DTV.  Accordingly,  we  adopt  our  proposals  to  amend  the  Part  74  aural  and  TV  BAS 
 emission  masks  to  make  them  consistent  with  the  emission  masks  of  Part  101.  As  stated  in  the  Notice,  imposing  a  single  set  of  standards  across  shared  frequency  bands  will  simplify  the  manufacturing  and 
 equipment  authorization  processes.  Additionally,  consistent  rules  will  provide  a  level  of  certainty  to  licensees  regarding  the  expected  RF  environment,  minimize  the  potential  of  harmful  interference  and 
 simplify  the  frequency  coordination  process.  In  addition,  we  adopt  our  proposal  to  grandfather  existing  equipment,  and  will  do  so  for  existing  equipment  and  equipment  of  current  production  lines  authorized, 
 via  certification  or  verification  pursuant  to  the  current  emission  standards,  up  to  two  years  after  the  adoption  of  this  Report  and  Order,  and  for  stations  authorized  to  use  such  equipment  pursuant  to  an 
 application  filed  up  to  two  years  after  the  adoption  of  this  Report  and  Order.  76  However,  any  such  non-conforming  equipment  replaced  on  or  after  two  years  after  the  adoption  of  this  Report  and  Order  must  be 
 replaced  by  conforming  equipment. 
 40.  MRC  also  asks  that  we  allow  COFDM  ENG  systems  to  use  the  analog  FM  emission  mask  rather  than  the  more  stringent  digital  mask.  The  basis  of  this  request  is  MRCs  claim  that  FCC  rules 

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

 41.  MRC,  the  only  commenter  to  address  the  issue  of  hybrid  digital/  analog  systems,  supports  our  proposal  to  apply  the  digital  mask  to  such  systems  if  the  digital  traffic  is  50%  or  more  of  the  total 

 75  MRC  Comments  at  4-  5. 
 76  This  is  consistent  with  the  grandfather  provisions  adopted  in  WT  Docket  No.  00-  19  where  the  digital  emission 
 mask  was  modified.  See  Amendment  of  Part  101  of  the  Commissions  Rules  to  Streamline  Processing  of  Microwave  Applications  in  the  Wireless  Telecommunications  Services,  Telecommunications  Industry  Association  Petition  for 

 Rulemaking,  Report  and  Order,  WT  Docket  No.  00-  19  and  RM-  9418,  (FCC  02-  218)  (rel.  July  31,  2002)  at    48. 
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 peak  deviation.  77  We  will  adopt  this  proposal.  In  addition,  MRC  raises  questions  regarding  the  treatment  of  composite  digital/  analog  systems.  Similar  to  hybrid  systems,  we  will  apply  the  appropriate  analog  or 
 digital  emission  mask  based  on  the  percentage  of  the  channel  that  carries  a  digital  signal.  Specifically,  this  percentage  will  be  calculated  as  the  systems  digital  necessary  bandwidth  divided  by  the  aggregate 
 necessary  bandwidth.  78  For  purposes  of  equipment  authorization  and  licensing,  the  output  power  and  EIRP  of  a  composite  system  will  be  its  aggregate  output  power  and  EIRP.  79  Both  composite  and  hybrid 
 systems  will  ease  the  transition  to  DTV  as  they  provide  a  migration  path  for  licensees  to  transition  from  an  analog  NTSC  signal  to  a  dual  analog/  digital  (NTSC/  ATSC)  signal,  and  eventually  to  only  a  digital 
 signal.  We  believe  that  the  procedures  we  are  adopting  will  simplify  and  advance  the  transition  to  DTV  while  protecting  the  ability  of  coordinators  to  engineer  systems. 

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

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

 77  For  purposes  of  this  discussion,  we  will  refer  to  a  system  that  frequency  modulates  a  single  RF  carrier  with  digital 
 and  analog  signals  frequency-  division-  multiplexed  in  its  baseband,  resulting  in  a  single  distinct,  symmetrical  FM  emission,  as  a  hybrid  analog/  digital  (or  digital/  analog)  system.  We  will  refer  to  a  system  that  modulates  two 

 separate  RF  carriers  with  analog  and  digital  signals  resulting  in  two  distinct  emissions,  one  analog  and  the  other  digital,  as  a  composite  dual  channel  analog/  digital  (or  digital/  analog)  system. 

 78  This  method  is  suggested  by  MRCs  calculation  that  their  composite  signal  as  68%  analog.  See  MRC  Comments 
 at  4;  MRC  Ex  Parte  Filing  of  April  3,  2002,  at  2-  5. 
 79  For  example,  a  composite  dual  channel  system  comprising  an  analog  channel  of  output  power  27  dBm  and  a 
 digital  channel  of  output  power  33  dBm  would  specify  its  aggregate  output  power  as  34  dBm,  representing  the  sum  of  the  two  powers. 

 80  See,  e.  g.,  MRC  Reply  Comments  at  2-  3.  MRC  provides  C/  I  ratios  required  to  protect  MRCs  composite  dual 
 channel  analog/  digital  system  from  like  systems  and  analog  FM  systems. 
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 44.  To  determine  the  emission  designator  for  a  composite  system,  we  will  use  the  aggregate  necessary  bandwidth  of  the  system,  which  is  comprised  of  the  analog  necessary  bandwidth,  any  band 
 between  the  analog  and  digital  signals,  and  the  digital  necessary  bandwidth.  81  The  emission  designator  will  also  use  the  appropriate  emission  type,  such  as  F9F  or  F9W,  82  indicating  that  the  system 
 accommodates  at  least  one  analog  and  at  least  one  digital  signal.  We  note  that  licensees  who  modify  their  equipment  from  an  analog  system  to  a  composite  analog/  digital  system,  must  also  modify  their  station 
 authorization  to  show  the  new  emission  type  using  ULS.  83  Under  the  rules,  such  a  change  would  be  considered  major  and  require  a  new  frequency  coordination.  84 

 45.  We  did  not  receive  any  comments  with  regard  to  our  proposals  for  standardized  measurement  procedures.  We  continue  to  believe  that  our  procedures  should  ensure  that  all  equipment  is 
 measured  consistently.  Therefore,  for  measuring  compliance  with  the  emission  mask,  for  emissions  removed  from  the  center  frequency  by  250%  of  the  emission  bandwidth  or  less,  we  will  permit  a 
 reduction  of  the  measurement  reference  bandwidth  below  the  mask  reference  bandwidth  to  a  value  not  less  than  1%  of  the  emission  bandwidth,  or  the  next  higher  measurement  bandwidth  available.  85  This  will 
 allow  for  more  accurate  emissions  measurements  just  outside  the  edge  of  the  emission  bandwidth,  which  might  otherwise  be  blurred  by  the  contribution  of  much  greater  emissions  within  the  emission  bandwidth. 
 For  measurements  outside  this  range,  we  will  use  the  International  Telecommunication  Union  (ITU)  guidelines  of  a  100  kHz  resolution  bandwidth  for  systems  operating  on  frequencies  below  1  GHz  and  a  1 

 81  For  example,  a  composite  dual  channel  system  comprising  an  analog  channel  of  necessary  bandwidth  17  MHz 
 and  a  digital  channel  of  necessary  bandwidth  7  MHz,  with  a  1  MHz  band  separating  the  two  channels,  would  specify  its  aggregate  necessary  bandwidth  as  25  MHz,  representing  the  sum  of  the  bandwidths,  i.  e.,  the  bandwidth 

 from  the  outer  edge  of  the  analog  necessary  bandwidth  to  the  outer  edge  of  the  digital  necessary  bandwidth.  The  digital  percentage  of  such  a  system  would  be  calculated  as  the  ratio  of  the  systems  digital  necessary  bandwidth,  7 
 MHz,  divided  by  its  aggregate  necessary  bandwidth,  25  MHz,  or  7/  25  *  100%  =  28%.  Since  this  system  would  be  less  than  50%  digital,  it  would  be  subject  to  the  FM  emission  mask,  not  the  digital  emission  mask. 

 82  The  appropriate  emission  type  will  always  contain  a  9  as  the  second  symbol. 
 83  For  example,  to  modify  from  an  analog  FM  video  operation  to  a  composite  dual  channel  analog/  digital  video 
 operation,  an  existing  analog  FM  video  authorization,  bearing  an  emission  type  of  F3F  representing  a  single  FM  video  channel,  would  have  to  be  modified  to  show  an  emission  designator  such  as  F9F,  representing 

 accommodation  of  one  or  more  analog  channels  and  one  or  more  digital  channels  (indicated  by  a  "9"  as  the  second  symbol)  transmitting  video  information  (indicated  by  an  "F"  as  the  third  symbol),  or  F9W,  representing 
 accommodation  of  one  or  more  analog  channels  and  one  or  more  digital  channels  transmitting  a  combination  of  video,  data,  or  telephony  information  (indicated  by  a  "W"  as  the  third  symbol).  See  47  C.  F.  R.    2.201.  Whether  the 
 composite  system  were  determined  by  the  method  described  above  to  require  adherence  to  the  analog  emission  mask  or  to  the  digital  emission  mask,  its  emission  type  would  nonetheless  continue  to  represent  its  accommodation 
 of  both  analog  and  digital  channels  (indicated  by  a  "9"  as  the  second  symbol),  not  the  accommodation  of  analog-only  channels  (which  could  be  indicated  by  a  "3"  or  an  "8"  as  the  second  symbol),  or  digital-  only  channels  (which 
 could  be  indicated  by  a  "1","  2",  or  "7"  as  the  second  symbol). 
 84  In  the  above  example,  the  change  in  emission  type  from  F3F  to  F9F  or  to  F9W  would,  as  any  change  in  emission 
 type,  be  classified  as  a  major  change  under  47  C.  F.  R.    1.929(  d). 
 85  This  option  may  be  especially  useful  where  the  mask  reference  bandwidth  is  less  than  or  slightly  greater  than  the 
 necessary  bandwidth  of  the  transmitter.  For  example,  in  a  case  where  the  system  is  analog,  and  the  mask  reference  bandwidth  is  thus  100  kHz,  but  the  necessary  bandwidth  of  the  system  is  80  kHz,  the  measurement  bandwidth  may 

 be  adjusted  down  to  1  kHz,  which  is  the  next  higher  measurement  bandwidth  above  1%  of  80  kHz,  or  0.80  kHz. 
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 MHz  resolution  bandwidth  for  systems  operating  on  frequencies  above  1  GHz.  86  We  realize  that  this  may  create  a  situation  where  the  emissions  mask  reference  bandwidth  stated  in  the  rule  is  less  than  the 
 measurement  resolution  bandwidth.  87  If  this  occurs,  there  could  be  some  blurring  of  spectral  spikes  that  might  otherwise  be  detected.  We  believe  that  the  benefits  of  simplification  and  standardization  outweigh 
 the  potential  for  such  effects  to  result  in  interference  to  adjacent  channels.  Further,  to  protect  adjacent  channel  operations,  we  will  require  that  the  emission  mask  attenuation  requirement  be  corrected  to 
 decrease  with  the  ratio  of  measurement  resolution  bandwidth  to  mask  reference  bandwidth,  i.  e.,  by  a  factor  of  10  log10(  Bres/  Bref),  where  Bres  is  the  measurement  resolution  bandwidth  and  Bref  is  the  emissions 
 mask  reference  bandwidth  in  the  rule.  88  Finally,  we  note  that  the  analog  FM  emission  mask  does  not  specify  a  mask  reference  bandwidth,  which,  in  conjunction  with  the  measurement  resolution  bandwidth, 
 could  be  used  to  calculate  the  correction.  However,  it  is  the  policy  of  the  Commission's  Laboratory  Division,  which  approves  equipment  authorizations,  to  require  the  use  of  a  mask  reference  bandwidth  of 
 100  kHz  for  this  mask.  Accordingly,  we  are  therefore  amending  the  analog  FM  emission  mask  for  Part  74  TV  and  aural  BAS  to  reflect  a  100  kHz  emission  mask  reference  bandwidth. 

 5.  Automatic  Transmit  Power  Control 
 46.  Automatic  transmit  power  control  (ATPC),  is  a  function  that  provides  for  more  efficient  spectrum  use  by  ensuring  that  the  transmitter  only  uses  the  power  necessary  to  maintain  reliable 

 communications.  Radios  that  use  ATPC  operate  with  certain  power  levels  during  normal  propagation  conditions.  When  the  receiver  detects  a  drop  in  received  signal  level,  due  to  multipath  89  or  a  rain  fade,  for 
 example,  the  receiver  sends  a  signal  to  the  transmitter  to  gradually  increase  power.  When  the  received  signal  level  begins  to  rise,  the  receiver  sends  a  signal  to  the  transmitter  to  reduce  power.  By  operating  in 
 this  manner,  interference  levels  into  nearby  microwave  paths  are  reduced  and  more  frequencies  can  be  coordinated  and  used  in  any  given  geographic  area.  Additionally,  by  keeping  signal  levels  low,  ATPC 
 reduces  power  consumption  of  the  radio,  which  lowers  operating  costs  and  increases  equipment  reliability.  The  Commission  proposed  in  the  Notice  that  TV  BAS,  aural  BAS,  and  CARS  licensees  be 
 permitted  to  use  ATPC. 
 47.  Commenting  parties  strongly  support  the  ATPC  proposal  set  forth  in  the  Notice.  90  Comsearch  states  that  ATPC  should  be  allowed  for  digital  BAS  and  CARS  microwave  systems  because  it 

 is  commonly  used  and  simplifies  frequency  coordination.  It  recommends  that  ATPC  use  be  coordinated 

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

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

 88  Using  a  wider  resolution  bandwidth  allows  more  energy  to  enter  the  measurement  device.  Thus,  the  displayed 
 signal  will  generally  appear  at  a  higher  level  that  it  otherwise  would. 
 89  Multipath  is  a  propagation  phenomenon  that  results  in  radio  signals  reaching  the  receiving  antenna  by  two  or 
 more  paths.  Causes  of  multipath  include  reflection  from  terrestrial  objects,  such  as  mountains  and  buildings. 
 90  See  APTS/  PBS  Comments  at  5;  MSTV/  NAB  Comments  at  8;  Comsearch  Comments  at  4;  MRC  Comments  at  8; 
 TIA  Reply  Comments  at  3. 
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 in  accordance  with  the  procedures  of  TIA  TSB  10-  F,  91  Interference  Criteria  for  Microwave  Systems.  92  TIA  supports  this  recommendation.  93 
 48.  Discussion.  As  proposed  in  the  Notice,  we  will  permit  TV  BAS,  aural  BAS,  and  CARS  licensees  to  use  ATPC  and,  as  suggested  by  commenters,  we  encourage  using  TIA  TSB  10-  F  guidelines. 
 While  the  benefits  of  using  ATPC  for  BAS  may  not  be  as  great  in  other  services  because  BAS  generally  uses  one-  way,  rather  than  two-  way,  communications,  the  benefits  can  still  be  significant.  For  those 
 stations  using  two-  way  communications,  ATPC  will  permit  more  systems  to  be  frequency  coordinated,  thus  promoting  the  maximum  utilization  of  spectrum.  With  respect  to  TIA  TSB  10-  F,  we  recognize  the 
 value  of  standardized,  industry-  wide  frequency  coordination  guidelines,  and  address  this  issue  in  Section  III.  A.  7  below. 

 6.  Interference  to  Geostationary  Satellites 
 49.  In  1987,  the  Commission  adopted  rules  to  implement  Article  27  of  the  ITU  Radio  Regulations,  94  which  specifies  EIRP  limits  and  antenna  pointing  parameters  for  fixed  terrestrial  stations 

 that  share  frequency  bands  with  fixed  satellite  uplink  (Earth-  to-  space)  stations.  95  These  limits  are  designed  to  protect  geostationary  satellites  from  interference  by  limiting  the  amount  of  RF  radiation  that  a 
 terrestrial  system  can  transmit  directly  towards  a  satellite.  Since  adoption  of  these  rules,  additional  frequency  bands  have  been  allocated  for  satellite  use  and  the  Radio  Regulations  have  been  updated 
 accordingly. 
 50.  Because  these  rules  are  subject  to  international  agreement,  maintaining  them  in  multiple  rule  parts  is  cumbersome  and  has  led  to  varying  requirements  in  Parts  74,  78,  and  101.  To  remedy  this 

 situation,  the  Commission  proposed  to  simplify  the  organization  of  the  geostationary  satellite  protection  rules  by  eliminating  duplicative  rule  sections.  Therefore,  the  Notice  proposed  that  the  technical  rules  for 
 protecting  geostationary  satellites  from  interference  from  terrestrial  systems  be  maintained  in  Part  101,  and  that  Parts  74  and  78  merely  state  that  licensees  must  comply  with  the  geostationary  satellites 
 protection  rules  contained  in  Part  101. 
 51.  All  parties  commenting  on  this  issue  strongly  support  the  Commissions  proposals  to  consolidate  and  reference  in  Part  101  existing  Parts  74  and  78  rules  limiting  RF  radiation  directed  toward 

 geostationary  satellites.  96  Comsearch  also  recommends  the  deletion  of  Section  78.105(  a)(  4),  which  it 

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

 92  Comsearch  Comments  at  4. 
 93  TIA  Reply  Comments  at  3. 
 94  Under  the  revised  numbering  scheme  for  the  Radio  Regulations,  these  regulations  are  now  contained  in  Article 
 21. 
 95  See  Establishment  of  a  Spectrum  Utilization  Policy  for  the  Fixed  and  Mobile  Services  Use  of  Certain  Bands 
 Between  947  MHz  and  40  GHz,  Gen.  Docket  No.  82-  334,  Third  Report  And  Order,  2  FCC  Rcd  1050  (1987). 
 96  See  APTS/  PBS  Comments  at  5;  MSTV/  NAB  Comments  at  9;  Comsearch  Comments  at  4;  NSMA  Comments  at  2; 
 TIA  Reply  Comments  at  3. 
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 contends,  is  redundant  with  Section  78.106  because  both  sections  address  antenna  restrictions  regarding  the  geostationary  satellite  orbit  (GSO). 
 52.  Discussion.  We  are  adopting  our  proposal  to  consolidate  in  Part  101  any  Parts  74  and  78  technical  rules  that  pertain  to  protecting  geostationary  satellites  from  interference  from  terrestrial  systems. 
 This  action  will  decrease  redundancy  in  our  rules  and  ensure  that  future  changes  to  GSO  protection  requirements  are  consistent  across  affected  services.  In  this  connection,  we  will  update  the  frequencies 
 listed  in  Section  101.145(  b)  and  (c)  to  encompass  the  BAS  and  CARS  bands  subject  to  RF  radiation  limits  directed  towards  satellites.  We  note  that  this  will  result  in  the  addition  of  the  frequency  band  6875- 
 7075  MHz  to  Section  101.145(  b)  and  the  frequency  band  12.75-  13.25  GHz  to  Section  101.145(  c).  Additionally,  as  suggested  by  Comsearch,  we  are  deleting  Section  78.105(  a)(  4),  which  restricts  CARS 
 antenna  orientation  to  prevent  interference  to  GSO  satellites  in  the  12.70-  12.75  GHz  band,  as  these  protections  are  redundant  with  those  afforded  by  Section  78.106(  b)  for  the  larger  12.70-  13.25  GHz  band. 

 7.  Frequency  Coordination 
 53.  Currently,  Parts  74  and  78  of  the  Commissions  rules  for  TV  BAS  and  CARS  require  that  the  frequency  coordination  procedures  of  Part  101  be  used  for  assignments  in  the  6425-  6525  MHz  and 

 17.7-  19.7  GHz  bands.  97  The  Part  101  procedures  generally  require  parties  to  coordinate  their  planned  spectrum  use  with  potentially  affected  parties  prior  to  filing  a  license  application.  Additionally,  the  TV 
 BAS  and  CARS  rules  specify  identical  interference  protection  criteria  for  the  12,700-  13,250  MHz  band.  Such  rules  are  necessary  to  promote  spectrum  efficiency  and  to  minimize  the  potential  for  any  system  to 
 cause  harmful  interference  to  other  systems  in  the  same  frequency  band.  In  the  Part  101  Order,  the  Commission  amended  its  rules  to  conform  the  frequency  coordination  procedures  for  microwave  systems 
 to  TIA  industry  standards  and  to  apply  these  standards  to  all  microwave  bands.  98 
 54.  In  the  Notice,  the  Commission  proposed  to  require  that  all  prospective  applicants  in  frequency  bands  above  1990  MHz  for  TV  BAS  and  CARS  coordinate  their  planned  spectrum  use  prior  to 

 filing  applications,  using  the  procedures  of  Section  101.103(  d).  Further,  in  order  that  applicants  and  licensees  can  easily  locate  the  coordination  rules,  the  Notice  proposed  to  amend  Section  78.36  to  mirror 
 the  Part  101  coordination  rules.  The  Notice  requested  that  commenters  address  whether  a  frequency  coordination  requirement  should  be  imposed  uniformly  across  the  United  States  or  only  applied  to  the 
 most  heavily  congested  markets.  Additionally,  the  Notice  requested  comment  on  whether  aural  BAS  stations  operating  above  944  MHz  should  also  adhere  to  the  procedures  of  Section  101.103(  d).  99 

 55.  Comments  were  mixed  on  the  proposals  set  forth  in  the  Notice.  A  number  of  parties  support  using  Section  101.103(  d)  procedures,  100  while  SBE  and  Viacom  oppose  using  those  procedures.  101 
 APTS/  PBS  support  these  procedures  and  assert  that  prior  coordination  should  be  required  uniformly 

 97  47  C.  F.  R.    74.638  and  78.36. 
 98  See  Part  101  Order,  supra,  at  13,486. 
 99  Notice  at    38-  40. 
 100  See  APTS/  PBS  Comments  at  5-  6;  MSTV/  NAB  Comments  at  7;  Comsearch  Comments  at  5;  MRC  Comments  at 
 3-  4;  NSMA  Comments  at  2;  TIA  Reply  Comments  at  3. 
 101  See  SBE  Comments  at  8-  9;  Viacom  Reply  Comments  at  2. 
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 across  the  U.  S.  102  MSTV/  NAB  support  Section  101.103(  d)  procedures  for  fixed  operations,  but  contend  that  TV  pick-  up  for  ENG  should  follow  existing  ad-  hoc,  local  frequency  coordination  procedures,  which 
 permit  frequency  coordination  on  a  near  real  time  basis.  103  NSMA  supports  Section  101.103(  d)  coordination  as  proposed,  arguing  that  that  it  works  well  to  protect  both  terrestrial  and  satellite 
 communications.  NSMA  urges  that  the  12.7-  13.25  GHz  band  be  included  in  these  requirements.  104 
 56.  SBE  opposes  the  adoption  of  Section  101.103(  d)  coordination  procedures  for  BAS  in  the  950  MHz,  2  GHz,  2.5  GHz,  7  GHz,  and  13  GHz  bands,  asserting  that  the  Part  101  process  would  be 

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

 57.  KNME-  TV  (KNME)  supports  the  proposed  adoption  of  Part  101  prior  coordination  procedures  for  all  TV  BAS  stations  to  prevent  interference  and  abuse.  It  contends  that  a  lack  of  frequency 
 coordination  has  resulted  in  widespread  abuse  and  a  general  disregard  of  the  voluntary  process.  KNME  recommends  that  frequency  coordination  be  imposed  uniformly  across  the  country,  including  rural 
 areas.  109 
 58.  MRC  supports  prior  coordination  for  fixed  links,  but  argues  that  non-  fixed  links  should  be  exempted  in  favor  of  the  existing  local  frequency  coordination  process,  which  it  contends  is  working 

 well.  MRC  also  supports  the  adoption,  for  BAS,  of  criteria  in  Section  101.105(  c)  and  consequently  TIA  TSB  10-  F,  which  provide  guidelines  for  applying  and  developing  interference  protection  criteria,  because 
 they  are  consistent  with  the  existing  Section  74.638  in  establishing  a  minimum  adjacent  channel  interference  C/  I  ratio  of  56  dB.  MRC  states  that  this  ratio  exceeds  the  ratio  required  by  MRCs 

 102  APTS/  PBS  Comments  at  5-  6. 
 103  MSTV/  NAB  Comments  at  7-  8. 
 104  NSMA  Comments  at  2-  3. 
 105  SBE  Comments  at  8-  9. 
 106  SBE  Comments  at  1-  2.  SBE  suggests  a  co-  channel  D/  U  ratio  of  60  dB,  or,  alternatively,  an  undesired  signal 
 strength  10  dB  below  the  noise  threshold  of  the  receiver,  for  any  type  of  modulation,  and  adjacent  channel  D/  U  ratios  of  10  dB  or,  alternatively,  equipment  tests,  for  digital  into  analog  systems,  and  0  dB  for  analog  into  analog 

 systems. 
 107  SBE  Reply  Comments  at  5-  7. 

 108  Viacom  Reply  Comments  at  2-  3. 
 109  KNME  Reply  Comments  at  1. 
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 TwinStream  radio.  110 
 59.  Globalstar  urges  the  adoption  of  rules  requiring  coordination  of  BAS  and  CARS  with  non-  geostationary  satellite  orbit  (NGSO)  MSS  user  uplinks  allocated  in  the  2  GHz  band  and  feeder 

 downlinks  proposed  to  be  allocated  under  ET  98-  142  in  the  7  GHz  band.  111  SBE  calls  Globalstars  proposals  to  protect  NGSO  MSS  feeder  downlinks  from  TV  Pickup  operation  in  the  7  GHz  band 
 premature  because  MSS  feeder  downlinks  have  not  yet  been  allowed  under  ET  Docket  98-  142.  112 
 60.  Discussion.  Based  on  the  comments,  we  are  adopting  frequency  coordination  procedures  for  all  TV  and  aural  BAS  and  CARS  frequency  bands.  The  rules  being  adopted  herein  will  require  all 

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

 61.  We  find  that  Section  101.103(  d)  prior  coordination  procedures  are  appropriate  for  fixed  BAS  and  CARS  applications,  except  as  explained  below  for  the  1990-  2110  MHz  band.  Uniform 
 procedures  for  bands  shared  among  these  services,  are  necessary  to  ensure  as  much  protection  as  possible  to  stations  while  minimizing  the  possibility  of  stations  to  cause  or  receive  harmful  interference.  SBE  is 
 concerned  that  fixed  station  coordinators  will  not  take  into  account  mobile  station  use,  but  we  do  not  share  this  concern.  To  properly  coordinate  a  station,  frequency  coordinators  must  incorporate  and  plan 
 for  mobile  stations  as  well  as  other  fixed  stations.  To  do  otherwise  would  ignore  the  operating  environment  and  do  a  disservice  to  the  coordinators  client,  who  could  be  at  risk  if  mobile  use  patterns  are 

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

 111  Globalstar  Comments  at  3-  7.  See  Amendment  of  Parts  2,  25  and  27  of  the  Commissions  Rules  with  Regard  to 
 the  Mobile-  Satellite  Service  Above  1  GHz,  Notice  of  Proposed  Rule  Making,  ET  Docket  No.  98-  142,  13  FCC  Rcd  17107  (1998)  (MSS  Notice).  See  also  Amendment  of  Parts  2,  25  and  27  of  the  Commissions  Rules  with  Regard  to 

 the  Mobile-  Satellite  Service  Above  1  GHz,  Report  and  Order,  ET  Docket  No.  98-  142,  17  FCC  Rcd  2658  (2002)  (MSS  Order).  The  MSS  Order  recently  allocated  the  band  6700-  7025  MHz  for  non-  Federal  Government  FSS 
 downlinks  on  a  co-  primary  basis,  limiting  the  use  of  this  spectrum  to  NGSO  MSS  feeder  downlinks.  It  also  established  limits  on  the  power  flux  density  produced  by  the  NGSO  MSS  satellite  at  the  surface  of  the  earth,  to 
 protect  terrestrial  services;  established  frequency  coordination  procedures  for  the  band  6700-  6875  MHz  using  existing  Part  25  and  101  rules;  and  deferred  coordination  requirements  between  combined  fixed  and  mobile 
 terrestrial  operations  and  satellite  operations  in  the  band  6875-  7025  MHz  band  to  a  future  proceeding.  See  MSS  Order  at    4,  39-  60. 

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

 113  47  C.  F.  R.    74.638(  b). 
 114  We  note  that  we  will  reproduce  the  frequency  coordination  rules  in  Part  78  for  CARS  applicants  and  licensees. 
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 not  taken  into  account.  We  believe  that  the  collective  needs  of  the  local  BAS  licensing  community  to  deploy  mobile  as  well  as  fixed  operations  in  their  community  will  ensure  that  mobile  patterns  of  use  are 
 fully  respected  in  the  selection  of  fixed  frequencies  by  frequency  coordinators  under  contract  to  provide  service  to  any  prospective  BAS  licensee  in  that  community.  In  this  connection,  we  acknowledge  the  role 
 local  frequency  coordinating  bodies  have  played  in  maintaining  order  within  the  BAS  bands  and  encourage  licensees  to  continue  consulting  with  these  bodies  as  they  pursue  future  licensing.  SBE  asks 
 that  if  we  implement  the  Part  101  procedures  for  BAS,  that  we  require  notification  of  applications  to  the  national  SBE  Frequency  Coordination  Director.  We  decline  to  require  this.  We  find  that  such  a 
 procedure  could  be  overly  burdensome  to  applicants  and  coordinators.  Moreover,  it  is  unnecessary,  given  the  involvement  of  local  frequency  coordinating  bodies  in  fixed  frequency  selection,  and  especially  given 
 that  all  applications  accepted  for  filing  are  publicly  available  through  the  ULS.  The  public  availability  of  filing  information  has  worked  well  in  informing  FS  frequency  coordinators  of  current  filings  and  we 
 believe  it  will  satisfy  the  needs  of  the  national  SBE  Frequency  Coordination  Director  without  increasing  the  filing  burden  on  applicants  or  coordinators. 

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

 63.  For  the  1990-  2110  MHz  band,  we  will  continue  to  maintain  procedures  which  allow  for  local  frequency  coordination  for  all  stations    fixed  and  mobile.  In  this  band,  we  deviate  from  the  policy 
 articulated  above  for  fixed  stations  based  on  unique  circumstances  of  this  band.  Specifically,  it  is  used  predominantly  by  mobile  TV  pickup  stations,  but  also  supports  some  fixed  links  and  it  is  currently 
 transitioning  to  accommodate  MSS  in  the  1990-  2025  MHz  portion  of  the  band.  Because  each  area  of  the  United  States  may  transition  to  MSS  at  different  times,  local  frequency  coordinators  may  be  in  the  best 
 position  to  accommodate  requests  to  local  operating  conditions.  We  note  that  the  use  of  a  local  coordinator  is  not  mandated  and  licensees  are  free  to  coordinate  stations  themselves  or  by  going  to  the 
 coordinator  of  choice.  SBE  asks  that  under  such  a  scheme,  we  require  evidence  of  frequency  coordination,  similar  to  that  required  by  the  procedures  of  Section  101.103(  d).  115  We  agree  with  SBE  that 
 a  method  of  verification  is  necessary.  The  rules  of  Section  101.103(  d)  have  worked  well  in  the  past  and  we  adopt  a  similar  requirement  here.  Thus,  we  are  adopting  changes  to  Sections  74.638  and  78.36  which 
 supplement  local  frequency  coordination  procedures  for  fixed  systems  to  require  the  submission  of  a  certification  attesting  that  all  co-  channel  and  adjacent-  channel  licensees  and  applicants  potentially 

 115  See  SBE  Comments  at  9. 
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 affected  by  the  proposed  fixed  use  of  the  frequencies  have  been  notified  and  are  in  agreement  that  the  proposed  facilities  can  be  installed  without  causing  harmful  interference  to  other  users.  Finally,  we  do 
 not  find  it  necessary  to  require  the  submission  of  detailed  engineering  calculations,  as  suggested  by  SBE.  116  The  accomplishment  of  such  calculations  is  inherent  to  the  frequency  coordination  process.  In 
 this  regard,  we  rely  on  coordinators  to  use  good  engineering  judgment  when  coordinating  systems  and  give  deference  to  their  recommendations.  Requiring  a  detailed  engineering  submission  such  as  that 
 described  is  therefore  unnecessary. 
 Frequency  Coordination  Procedures  Existing  Requirements  New  Requirements  BAS/  CARS  Frequency 
 Band  Fixed  and  Mobile  Fixed  Mobile 
 2  GHz  Local  Local  (no  change)  Local  (no  change)  2.5  GHz  Local  Prior  Local  or  Prior 

 6.5  GHz  Prior  Prior  (no  change)  Prior  (no  change)  7  GHz  Local  Prior  Local  or  Prior 
 13  GHz  Interference  Criteria  Prior  Local  or  Prior  18  GHz  Prior  Prior  (no  change)  Prior  (no  change) 

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

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

 116  Id.  at  8. 
 117  See  MRC  Comments  at  3-  4;  SBE  Comments  at  8. 
 118  See  Notice  at    37-  39. 
 119  Sections  74.638,  78.36.  47  C.  F.  R.    74.638,  78.36. 
 120  See  MSS  Order  at    4,  48-  60. 
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 8.  Frequency  Tolerance 
 66.  The  Notice  proposed  to  amend  the  frequency  tolerance  rules  for  TV  BAS.  121  Specifically,  consistent  with  the  proposal  made  in  the  Part  101  NPRM,  122  the  Notice  proposed  to  eliminate  separate 

 frequency  tolerance  requirements  for  base  and  mobile  operations.  Additionally,  the  Notice  proposed  to  adopt  a  frequency  tolerance  of  0.001%  for  TV  BAS  equipment  operating  in  the  2450-  2483.5  MHz  band, 
 which  does  not  have  a  limit  under  the  current  rules.  Finally,  the  Notice  proposed  to  grandfather  existing  authorized  BAS  systems  in  the  2483.5-  2500  MHz  band  at  their  current  frequency  tolerance.  123 

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

 68.  Discussion.  As  proposed  in  the  Notice,  we  are  eliminating  separate  frequency  tolerance  requirements  for  base  and  mobile  operations,  and  are  adopting  a  frequency  tolerance  of  0.001%  for  fixed 
 and  mobile  TV  BAS  equipment  operating  in  the  2450-  2483.5  MHz  band.  127  We  find  that  having  consistent  frequency  tolerance  requirements  for  both  fixed  and  mobile  transmitters  will  simplify 
 frequency  coordination  and  improve  spectrum  efficiency.  Similarly,  by  adopting  a  frequency  tolerance  requirement,  we  will  ensure  that  spectrally  efficient  equipment  is  used  and,  for  example,  in  the  2450- 
 2483.5  MHz  band,  that  the  potential  for  adjacent  channel  interference  is  reduced.  In  that  regard,  to  accommodate  existing  product  lines  in  the  2450-  2483.5  MHz  band  such  as  those  of  MRC,  we  will  delay 
 the  effective  date  of  the  0.001%  tolerance  in  that  band  for  two  years.  We  find  that  this  will  accommodate  MRCs  existing  product  line,  and  strikes  a  balance  between  the  benefits  of  spectrum  efficiency  afforded 
 by  a  tighter  tolerance  and  the  indefinite  accommodation  sought  by  MRC  for  non-  compliant  product  lines.  Thus,  we  will  grandfather  existing  equipment  and  equipment  of  current  production  lines  exceeding  the 
 new  0.001%  tolerance  in  the  2450-  2483.5  MHz  band  and  authorized,  via  certification  or  verification,  128 
 121  Frequency  tolerance  is  the  maximum  permissible  deviation  of  the  center  frequency  of  an  emission  from  its 
 assigned  frequency. 
 122  See  Part  101  NPRM,  supra,  at  Appendix  D,  Section  101.107. 

 123  Notice  at    41. 
 124  See  APTS/  PBS  Comments  at  6;  MSTV/  NAB  Comments  at  8;  MRC  Comments  at  6;  TIA  Reply  Comments  at  4. 
 125  MRC  Comments  at  6. 
 126  Red  River  Comments  at  1-  2. 
 127  See  Appendix  A,  infra,  at    74.661. 
 128  We  remind  manufacturers  that,  although  their  equipment  may  meet  new  tolerance  or  emission  mask 
 requirements,  their  existing  equipment  verification  may  not  demonstrate,  or  their  existing  equipment  certification  may  not  reflect,  such  compliance.  To  remedy  this  situation,  manufacturers  must,  in  the  case  of  verification,  verify 

 via  retesting,  or,  in  the  case  of  certification,  refile  certification  under  the  permissive  change  provisions  of  Section  2.1043  or  file  for  certification  under  a  new  identification  number,  depending  on  the  modifications  needed  to  meet 
 the  new  requirements.  47  C.  F.  R.    2.1043. 
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 up  to  two  years  after  the  adoption  of  this  Report  and  Order,  and  stations  authorized  to  use  such  equipment  pursuant  to  an  application  filed  up  to  two  years  after  the  adoption  of  this  Report  and  Order.  However,  any 
 such  non-  conforming  equipment  replaced  on  or  after  two  years  after  the  adoption  of  this  Report  and  Order  must  be  replaced  by  conforming  equipment. 

 9.  Use  of  the  13.150-  13.2125  GHz  Band  by  BAS  and  CARS  Pickup  Stations 
 69.  In  ET  Docket  No.  98-  206,  the  Commission  allocated  the  band  12.75-  13.25  GHz  for  Non-Geostationary  Fixed  Satellite  Service  (NGSO  FSS)  uplinks  on  a  co-  primary  basis.  129  The  13.15-  13.20 

 GHz  portion  of  that  band  is  currently  used  by  TV  BAS  and  CARS  Pickup  Stations  within  50  km  of  the  top  100  television  markets  and  by  fixed  TV  auxiliary  stations  in  all  other  areas.  130  To  protect  these 
 operations,  the  NGSO  FSS  systems  were  excluded  from  operating  in  the  13.15-  13.2125  GHz  band  (channels  A19,  A20,  B19  and  B20).  131  In  the  NGSO  Order,  the  Commission  expanded  these  exclusions  in 
 favor  of  TV  BAS  and  CARS  to  include  frequencies  up  to  13.2125  GHz  and  to  extend  to  the  entire  United  States.  This  action  was  predicated  on  the  expectation  that  BAS  and  CARS  mobile  operations  will  be 
 concentrated  on  those  four  channels.  132  Based  on  that  action,  the  Commission  proposed  to  update  Section  74.602(  a),  Note  2  to  reflect  these  changes.  Further,  the  Notice  proposed  to  grandfather  all  fixed  stations 
 that  were  licensed  in  the  13.15-  13.2125  GHz  band  prior  to  the  effective  date  of  the  rules  in  the  NGSO  Order.  133 

 70.  Both  MSTV/  NAB  and  SBE  support  our  proposals.  134  SBE  notes  that,  in  light  of  the  NGSO  Order,  it  makes  sense  to  extend  the  reservation  and  grandfather  existing  fixed  BAS  and  CARS.  135 
 71.  Discussion.  As  proposed  in  the  Notice,  we  are  updating  Section  74.602(  a)  Note  2  to  implement,  in  accordance  with  the  NGSO  Order,  expansions  in  mobile  TV  BAS  and  CARS  pickup 
 stations  use  of  the  13.15-  13.2125  GHz  band  and  the  exclusion  of  NGSO  FSS  from  that  band.  136  We  note  that  the  recent  Optel  Order  has  rendered  BAS  pickup  stations  primary,  and  CARS  stations,  secondary  to 

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

 130  47  C.  F.  R.    74.602(  a)  Note  2. 
 131  Id.  We  note  that  Note  2  currently  specifies  protection  for  the  13.15-  13.20  GHz  band.  However,  channel  B20, 
 which  was  provided  protection  in  the  NGSO  Order,  extends  to  13.2125  GHz. 
 132  See  NGSO  Order  at    126. 

 133  Notice  at    42. 
 134  See  MSTV/  NAB  Comments  at  9;  SBE  Comments  at  11. 
 135  SBE  Comments  at  11. 
 136  We  note  that  Skybridge  L.  L.  C.  has  filed  a  Petition  for  Reconsideration  of  the  Commissions  decision  in  the 
 NGSO  Order  to  exclude  NGSO  FSS  from  the  band  13.15-  13.2125  GHz.  That  Petition  is  being  addressed  in  ET  Docket  No.  98-  206. 
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 BAS  pickup  stations,  in  the  13.20-  13.25  GHz  band,  137  and  we  are  updating  Section  74.602(  a),  Note  2,  accordingly,  to  reflect  this  status  in  the  13.20-  13.2125  sub-  band.  Consistent  with  these  actions,  we  are 
 also  updating  Section  78.18(  1)  with  respect  to  CARS,  and  footnote  NG53  to  the  Table  of  Frequency  Allocations  in  Section  2.106.  Further,  we  are  grandfathering  at  their  current  status  all  fixed  stations 
 licensed  in  the  13.15-  13.2125  GHz  band  prior  to  the  effective  date  of  the  rules  in  this  Report  and  Order. 
 10.  Use  of  the  31.0-  31.3  GHz  and  38.6-  40.0  GHz  Bands  by  the  BAS  and  CARS 
 72.  In  1997,  the  Commission  redesignated  the  31.0-  31.3  GHz  band  for  the  Local  Multipoint  Distribution  Service  (LMDS)  and  deleted  the  designations  for  BAS  and  CARS.  138  Consequently,  BAS 

 and  CARS  are  no  longer  authorized  to  operate  in  this  band.  However,  many  of  the  technical  rules  continue  to  mention  this  band.  Therefore,  the  Commission  proposed  in  the  Notice  to  eliminate  references 
 to  the  31.0-  31.3  GHz  band  in  the  aural  BAS,  TV  BAS  and  CARS  rules.  139 
 73.  Similarly,  the  Commission,  in  1997,  adopted  rules  and  procedures  to  assign  the  38.6-  40.0  GHz  band  by  competitive  bidding.  140  That  band  had  been  available  for  assignment  to  mobile 

 BAS  and  CARS  licenses  without  bandwidth  limitation  and  on  a  secondary  basis  to  fixed  stations.  141  In  addition  to  the  new  assignment  procedures,  the  Wireless  Telecommunications  Bureau,  pursuant  to 
 delegated  authority,  adopted  an  Order  (Freeze  Order)  announcing  that  the  Commission  would  no  longer  accept  for  filing  any  new  applications  for  39  GHz  licenses  in  the  Common  Carrier  or  Private  Operational 
 Fixed  Point-  to-  Point  Radio  Services.  142  In  addition,  consistent  with  the  policy  of  the  Freeze  Order  and  the  assignment  of  new  licenses  by  auction,  no  new  assignments  are  being  made  for  BAS  or  CARS 
 licenses  in  the  38.6-  40.0  GHz  band.  143  Accordingly,  the  Commission  proposed  in  the  Notice  to  remove  all  references  to  the  38.6-  40.0  GHz  bands  from  the  BAS  and  CARS  rules.  As  a  final  matter,  the 
 Commission  noted  that  there  are  15  incumbent  Television  Pickup  BAS  stations  operating  in  this  band.  In 

 137  See  Amendment  of  Eligibility  Requirements  in  Part  78  Regarding  12  GHz  Cable  Television  Relay  Service,  CS 
 Docket  No.  99-  250,  Report  and  Order,  17  FCC  Rcd  9930  (2002)  (FCC  02-  149)  (Optel  Order),  at    21-  24.  See  also  Section  78.18  (m),  added  by  the  Optel  Order,  which  states  that  CARS  stations  may  be  authorized  use  of  the 

 band  from  13.20  to  13.25  GHz  on  a  secondary  basis  to  Television  Broadcast  Auxiliary  Stations.  47  C.  F.  R.    78.18(  m). 

 138  See  Rulemaking  to  Amend  Parts  1,  2,  21,  and  25  of  the  Commissions  Rules  to  Redesignate  the  27.5-  29.5  GHz 
 Frequency  Band,  To  Reallocate  the  29.5-  30.0  GHz  Frequency  Band,  To  Establish  Rules  and  Policies  for  Local  Multipoint  Distribution  Service  and  For  Fixed  Satellite  Services,  CC  Docket  No.  92-  297,  Second  Report  and  Order, 

 Order  on  Reconsideration,  and  Fifth  Notice  of  Proposed  Rulemaking,  12  FCC  Rcd  12545  (1997). 
 139  Notice  at    43. 

 140  See  Amendment  of  the  Commissions  Rules  Regarding  The  37.0-  38.6  GHz  and  38.6-  40.0  GHz  Bands,  ET 
 Docket  No.  95-  183,  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making,  12  FCC  Rcd  18600  (1997).  In  May  2000,  the  Commission  assigned  more  than  2,000  licenses  in  175  Economic  Areas  by  competitive  bidding  in 

 the  39  GHz  band.  See  39  GHz  Band  Auction  Closes,  Report  Auc-  30-  E  (Auction  No.  30),  DA  00-  1035,  rel.  May  10,  2000. 

 141  47  C.  F.  R.    74.602. 
 142  See  Petition  For  Amendment  Of  The  Commission's  Rules  Regarding  The  37.  0-  38.  6  GHz  And  38.  6-  40  GHz 
 Bands,  DA  95-  2341,  Order,  11  FCC  Rcd  1156  (1996)  (Freeze  Order). 
 143  No  new  BAS  licenses  have  been  issued  in  the  38.6-  40.0  GHz  band  since  the  adoption  of  the  Freeze  Order. 
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 the  Notice,  the  Commission  stated  that  these  BAS  licensees  may  continue  to  operate  under  the  parameters  of  their  current  licenses  and  renew  those  licenses  in  the  future.  144 
 74.  Commenting  parties  generally  support  the  proposals  set  forth  in  the  Notice.  145  SBE  states  that  it  agrees  with  the  proposed  elimination  of  references  to  the  31.0-  31.3  GHz  and  38.6-  40.0  GHz  bands 
 from  BAS  and  CARS  technical  rules,  since  those  bands  are  no  longer  available  to  BAS,  and  concurs  with  the  grandfathering  of  incumbents  in  the  38.6-  40.0  GHz  band.  SBE  also  requests  that  the  Commission 
 provide  guidance  on  how  to  identify,  contact,  and  coordinate  with  the  primary  occupants  of  the  band.  146 
 75.  Winstar  states  that  it  strongly  supports  the  proposed  elimination  of  references  to  the  31.0-  31.3  GHz  band  from  all  BAS  and  CARS  technical  rules,  as  that  band  is  currently  designated  for  primary 

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

 incumbents  in  the  38.6-  40.0  GHz  band.  No  party  opposes  the  first  proposal,  and  only  Winstar  expresses  concern  regarding  the  second  proposal.  With  respect  to  Winstars  concern,  we  note  that  the  incumbent 
 BAS  licensees  remain  bound  by  the  operational  parameters  specified  on  their  current  authorizations.  We  also  clarify  that,  as  stated  in  footnote  US291  to  the  Table  of  Frequency  Allocations,  mobile  BAS  facilities 

 144  Notice  at    44.  Since  the  adoption  of  the  Notice,  one  station,  call  sign  KC23139,  cancelled  its  license. 
 145  See  SBE  Comments  at  11;  MSTV/  NAB  Comments  at  9;  Winstar  Comments  at  2. 
 146  SBE  Comments  at  11. 
 147  Winstar  Comments  at  2. 
 148  Id.  at  3.  With  respect  to  Winstars  concern,  in  its  Comments  at  3-  4,  that  certain  BAS  licenses  listed  as  active  are 
 also  listed  as  expired  on  the  ULS,  we  clarify  that,  as  noted  by  SBE  in  its  Reply  Comments  at  8,  the  expiration  dates  on  BAS  licenses  may  not  be  updated  from  the  broadcast  station  renewal,  so  that  validity  of  a  license  must  be 

 determined  by  whether  it  is  active  on  the  ULS.  Modifications  to  enable  the  ULS  to  update  expiration  dates  from  broadcast  station  renewals  are  planned.  Meanwhile,  active  status  may  be  determined  through  the  ULS  using  the 
 frequency  search  function,  or,  if  the  call  sign  is  known,  observing  its  active  status  on  the  license  record.  Questions  about  specific  licenses  should  be  directed  to  the  Licensing  Branch  of  the  Public  Safety  and  Private  Wireless 
 Division  of  the  Wireless  Telecommunications  Bureau  in  Gettysburg,  Pennsylvania. 
 149  Id.  at  4-  5. 
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 in  the  38.6-  40.0  GHz  band  operate  on  a  secondary  basis  with  respect  to  stations  operating  in  accordance  with  the  Table  of  Frequency  Allocations,  which  include  Winstars  operations  under  Part  101.  In  this 
 connection,  consistent  with  our  actions  removing  references  to  the  38.6-  40.0  GHz  band  from  Part  74,  we  are  deleting  Auxiliary  Broadcasting  from  that  band  in  the  Table  of  Frequency  Allocations.  We  are  also 
 deleting  footnote  US291  from  the  Federal  Government  and  Non-  Federal  Government  columns  of  the  table  and  replacing  it  with  footnote  NG175  in  the  Non-  Federal  Government  column  only,  revised  to  show 
 that  the  band  is  no  longer  available  for  BAS,  and  that  incumbent  mobile  BAS  operations  licensed  as  of  the  effective  date  of  the  rules  in  this  Report  and  Order  are  grandfathered  and  may  continue  to  operate 
 indefinitely  on  a  secondary  basis  with  respect  to  Part  101  licensees.  We  are  revising  Section  2.106,  Table  of  Frequency  Allocations,  and  Part  74  of  our  rules,  accordingly.  150 

 11.  Antennas 
 77.  In  addition  to  the  specific  proposals  made  in  the  Notice,  we  asked  commenters  to  identify  other  rule  changes  that  would  benefit  the  BAS.  In  this  regard,  MRC  requests  that  periscope  antenna 

 systems  151  be  prohibited  from  BAS,  as  they  are  in  other  services,  152  because  periscope  antenna  sidelobe  rejection  is  poor  and  unpredictable,  and  can  cause  interference  to  both  satellite  and  terrestrial  systems.  153 

 78.  Discussion.  The  existing  provisions  that  accommodate  new  periscope  antennas  in  Section  74.641  and  78.105  do  so  only  on  the  condition  that  applicants  make  a  persuasive  showing  that  no 
 frequency  conflicts  exist  in  the  area  of  intended  operation.  154  This  constraint  ensures  that  new  periscope  antennas  will  not  cause  unacceptable  interference  to  terrestrial  or  satellite  users.  We  therefore  decline  to 
 limit  flexibility  in  BAS  antenna  selection  at  this  time. 
 B.  BAS  Service  Rules  (Part  74) 
 1.  Temporary  Conditional  Authority 
 79.  In  the  Notice,  the  Commission  proposed  to  allow  BAS  applicants  who  apply  for  new  or  modified  stations  to  operate  under  temporary  conditional  authority  after  an  application  has  been  properly 

 filed  with  the  Commission.  155  This  type  of  operating  authority  is  permitted  in  other  coordinated  services,  such  as  those  authorized  under  Parts  90  and  101  and  Remote  Pickup  BAS.  156  The  Commission  proposed 
 to  make  such  temporary  conditional  authority  subject  to  the  following  conditions: 

 150  See  Appendix  A,  infra,  at    2.106,  footnote  NG175;  Part  74. 
 151  A  periscope  antenna  configuration  uses  a  transmitting  antenna  oriented  to  produce  a  vertical  radiation  pattern, 
 with  a  flat  or  off-  axis  parabolic  reflector,  mounted  above  the  transmitting  antenna,  which  directs  the  beam  in  a  horizontal  path  toward  the  receiving  antenna.  This  type  of  antenna  facilitates  increased  terrain  clearance  without 

 long  transmission  lines,  while  permitting  the  active  equipment  to  be  located  at  or  near  ground  level  for  ease  of  maintenance. 

 152  See,  e.  g.,  47  C.  F.  R.    101.115(  d). 
 153  MRC  Comments  at  8. 
 154  See  47  C.  F.  R.    74.641(  c). 
 155  Notice  at    46. 
 156  47  C.  F.  R.    90.159(  b),  101.31,  and  74.431(  g). 
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   The  applicant  must  be  eligible  to  operate  the  particular  class  of  broadcast  auxiliary  station.    The  station  must  be  operating  in  conformance  with  the  rules  for  that  particular  class  of  station  and  in 
 accordance  with  the  terms  of  the  frequency  coordination.    The  application  does  not  propose  operation  in  an  area  that  requires  international  coordination. 
   The  application  does  not  request  a  waiver  of  the  Commissions  rules.    The  proposed  station  will  not  significantly  affect  the  environment  as  defined  in  Part  1,  Subpart  I  of 
 the  Commissions  rules.  157    The  antenna  structure  either  has  a  FCC  Registration  Number  or  is  determined  to  not  need  one. 
   The  proposed  station  affords  protection  to  radio  quiet  zones  and  monitoring  stations.  158 
 The  Commission  also  proposed  to  allow  temporary  conditional  authority  for  low  power  auxiliary  stations  authorized  under  Part  74,  Subpart  H.  159  To  effectuate  these  changes,  the  Commission  proposed  to  delete 

 Section  74.431(  g)  and  to  adopt  new  Section  74.25  to  allow  temporary  conditional  authorizations  for  all  broadcast  auxiliary  services.  160 

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

 81.  Discussion.  We  find  that  providing  BAS  applicants  with  the  ability  to  operate  under  temporary  conditional  authority  is  appropriate.  As  suggested  by  the  commenting  parties,  such  an 
 approach  will  permit  the  provision  of  service  in  a  timelier  manner  without  causing  harmful  interference 
 157  47  C.  F.  R.    Part  1,  Subpart  I. 
 158  Notice  at    47. 
 159  Id.  at    48.  Low  power  auxiliary  stations  are  intended  to  transmit  over  distances  of  approximately  100  meters  for 
 uses  such  as  wireless  microphones,  cue  and  control  communications,  and  synchronization  of  TV  camera  signals.  These  stations  are  typically  used  in  conjunction  with  a  BAS  station. 

 160  Id.  at    48-  49. 
 161  See  APTS/  PBS  Comments  at  6;  MSTV/  NAB  Comments  at  8;  Comsearch  Comments  at  5;  TIA  Reply  Comments 
 at  3. 
 162  MSTV/  NAB  Comments  at  9. 

 163  Comsearch  Comments  at  4. 
 164  SBE  points  out  that  the  word  not  was  omitted  from  proposed  Section  74.25(  c)(  ii),  which  reads,  The  station 
 site  does  lie  within  an  area  requiring  international  coordination.  See  SBE  Comments  at  12. 
 165  Comsearch  Reply  Comments  at  3. 
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 to  existing  licensees,  so  long  as  frequency  coordination  is  successfully  performed.  Accordingly,  we  are  deleting  Section  74.431(  g)  and  adopting  a  new  Section  74.25  to  allow  temporary  conditional 
 authorizations  for  all  broadcast  auxiliary  services.  166 
 2.  Short-  Term  Operation 
 82.  Section  74.24  provides  broadcast  licensees  regulated  under  Part  73  of  our  rules  (i.  e.,  AM,  FM,  and  TV  broadcast  stations,  including  Class  A  stations)  with  the  authority  to  operate  a  broadcast 

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

 83.  Commenting  parties  generally  support  the  proposals  set  forth  in  the  Notice.  172  APTS/  PBS  state  that  they  support  the  proposals  to  extend  short-  term  operation  to  broadcast  network  entities,  cable 
 entities,  and  low  power  television  stations;  to  relax  the  notification  requirement  only  in  cases  of  unanticipated  need  for  immediate  short-  term  mobile  operation,  specifically  excluding  scheduled  events; 

 166  We  also  correct  the  error  in  Section  74.25(  c)(  ii)  pointed  out  by  SBE  and  modify  that  provision  to  read,  The 
 station  site  does  not  lie  within  an  area  requiring  international  coordination. 
 167  47  C.  F.  R.    74.24.  There  is  an  exception  to  the  local  coordinator  notification  requirement  when      an 
 unanticipated  need  for  immediate  short-  term  mobile  station  operation  would  render  compliance  with  the  provisions  of  this  paragraph  impractical.  See  47  C.  F.  R.    74.24(  g). 

 168  Notice  at    51. 
 169  Id.  at    52. 
 170  Id.  at    53. 
 171  Id.  at    54. 
 172  See  APTS/  PBS  Comments  at  7;  MSTV/  NAB  Comments  at  9;  Globalstar  Comments  at  7;  SBE  Comments  at  12. 
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 and  to  establish  a  procedure  for  designating  a  frequency  coordinator  for  short-  term  BAS  operations  covering  major  national  and  international  scheduled  news  events.  173  MSTV/  NAB  state  that  they  generally 
 support  the  proposal  to  extend  short-  term  operation  to  broadcast  networks,  cable,  networks,  and  LPTV  stations,  but  contend  that  it  is  vitally  important  to  require  that  all  such  operations  be  prior  coordinated. 
 MSTV/  NAB  also  contend  that  there  is  no  clear  definition  of  a  scheduled  event,  for  which  the  licensee  would  be  excluded  from  invoking  the  notification  exception  in  proposed  Section  74.24(  g).  MSTV/  NAB 
 further  support  the  proposed  procedures  to  designate  a  frequency  coordinator  for  short-  term  operations  at  special  events,  if  such  designation  is  granted  following  a  formal  request.  Finally,  MSTV/  NAB  oppose 
 changing  the  current  720  hour  limit  on  short-  term  operation  or  requiring  stations  to  log  and  track  their  short-  term  use.  174 

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

 increasing,  it  is  essential  that  coordination  be  conducted  prior  to  commencing  operation,  particularly  for  mobile  operations  in  spectrum  shared  with  satellite  services.  Globalstar  urges  that  in  addition  to 
 notification,  coordination  should  be  accomplished  with  the  frequency  coordinating  committee  or  co-channel  licensee  prior  to  commencement  of  operations  to  avert  interference  to  an  NGSO  MSS  feeder 
 downlink.  For  the  same  reasons,  Globalstar  urges  that  the  proposed  exception  to  notification  in  cases  of  unanticipated  need  not  be  allowed  for  spectrum  shared  with  NGSO  MSS  spectrum  in  the  2  GHz  and  7 
 GHz  bands.  Finally,  Globalstar  recommends  that  the  Commission  list  in  its  rules  a  telephone  number  and  website  address  for  contacting  local  coordinating  committees  and  special  event  coordinators,  similar  to 
 the  outdated  reference  in  current  Section  74.24(  g)  that  refers  applicants  to  the  Commissions  Auxiliary  Services  Branch  for  information  on  active  frequency  coordination  committees.  177 

 173  APTS/  PBS  Comments  at  7. 
 174  MSTV/  NAB  Comments  at  9-  10. 
 175  SBE  Comments  at  12. 
 176  SBE  Comments  at  13. 
 177  Globalstar  Comments  at  7-  9.  The  Auxiliary  Services  Branch  no  longer  exists  and  the  Commission  no  longer 
 maintains  information  on  active  frequency  coordination  committees.  Thus,  reference  to  it  has  been  omitted  from  the  proposed  revision  of  Section  74.24(  g). 
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 86.  In  reply  comments,  SBE  notes  that  all  short  term  authority  operation  is  secondary.  Therefore  it  is  not  necessary  to  prohibit  uncoordinated  short-  term  use  under  the  notification  exception  in 
 the  2  GHz  and  7  GHz  bands,  as  requested  by  Globalstar.  178 
 87.  Discussion.  To  promote  consistent  treatment  of  licensees  with  similar  operations,  we  adopt  our  proposal  to  extend  the  short-  term  operation  rules  to  broadcast  network  entities,  cable  network 

 entities,  and  LPTV  stations.  This  action,  which  is  not  opposed  by  any  commenter,  will  simplify  the  process  for  these  entities  when  it  is  necessary  to  provide  coverage  of  events  outside  of  its  normal 
 coverage  area.  In  addition,  our  proposal  to  codify  rules  and  procedures  for  designating  a  coordinator  for  major  special  events  was  supported  by  commenters  and  is  adopted  as  proposed  with  one  clarification;  we 
 will  specify  in  Section  74.24(  g)(  2)(  i)  that  the  initial  request  for  such  designation  be  made  in  writing.  Such  designations  will  be  made  by  public  notice  which  will  include  all  necessary  contact  information.  Thus 
 Globalstars  request  that  contact  information  be  placed  in  the  rules  is  denied.  179 
 88.  Extending  this  rule  to  cover  additional  entities  raises  questions  regarding  compliance  with  the  various  station  identification  rules.  Therefore,  because  broadcast  network  and  cable  network 

 entities  do  not  have  individual  station  call  signs  for  identification  purpose,  we  will  require  them  to  use  their  network  or  cable  entity  name  along  with  their  base  of  operations  city  for  compliance  with  the  station 
 identification  rules,  as  suggested  by  SBE.  Using  such  a  scheme  will  make  it  easy  to  identify  the  proper  point  of  contact  should  a  problem  arise. 

 89.  With  respect  to  SBEs  concern  regarding  intermittent  operation  on  permanently  installed  antennas,  we  note  that  the  rule  does  not  prohibit  such  operation,  and  thus  it  is  permitted,  under  Section 
 74.24,  without  formal  coordination  and  licensing. 
 90.  With  respect  to  adding  a  requirement  that  full  frequency  coordination  be  accomplished  prior  to  operation  under  the  short-  term  operation  rule,  we  disagree  with  Globalstar  that  such  a  requirement 

 is  necessary.  First,  we  note  that  all  operation  under  this  rule  is  secondary.  Second,  we  believe  that  the  current  requirement  to  notify  the  local  coordinating  committee  or  co-  channel  licensees,  and  co-  channel 
 and  adjacent  channel  CARS  licensees  is  sufficient.  These  conditions  assure  that  operations  under  the  short-  term  operation  rule  have  a  minimal  chance  of  causing  harmful  interference  while  providing 
 broadcasters  the  ability  to  cover  a  newsworthy  event  without  delay. 
 91.  As  detailed  above,  SBE  requests  that  the  requirement  that  co-  channel  and  adjacent  channel  CARS  be  notified  when  a  broadcaster  operates  under  the  short-  term  operation  rule  be  deleted.  We 

 are  not  inclined  to  do  so.  We  disagree  with  SBEs  position  that  this  requirement  is  unnecessary  and  redundant.  CARS  stations  generally  transmit  large  blocks  of  contiguous  video  channels  with  no  filtering. 
 The  notification  requirement  is  necessary  to  ensure  that  CARS  licensees,  particularly  those  operating  on  adjacent  channels  without  receiver  filtering,  are  afforded  an  opportunity  to  have  prior  knowledge  of  the 
 RF  operating  environment.  This  is  especially  important  in  areas  where  local  coordinators  are  not  available  or  provide  limited  assistance. 

 92.  Finally,  we  will  maintain  the  current  limitation  of  720  hours  per  year  per  frequency  for  short-  term  operation.  We  agree  with  the  MSTV/  NAB  that  the  existing  limit  has  worked  well  and  that 

 178  SBE  Reply  Comments  at  5. 
 179  We  note  that  the  current  information  on  local  frequency  coordinators  is  maintained  by  SBE  on  their  website  at 
 http://  www.  sbe.  org, 
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 there  does  not  appear  to  be  a  demonstrable  need  to  make  changes  at  this  time.  We  do  not  believe  that  changing  this  limit  to  a  30  calendar  day  limit,  as  suggested  by  SBE,  would  significantly  increase  the 
 enforceability  of  the  rule,  absent  the  imposition  of  a  logging  requirement.  This  is  especially  true  for  the  stop/  start  provisions  which  SBE  also  proposes  to  permit,  as  an  exception  to  the  30  consecutive  day  limit, 
 for  network  entities  with  no  regular  presence  in  the  market. 
 3.  Use  of  UHF-  TV  Channels  for  TV  STLs  and  TV  Relay  Stations 
 93.  Under  Section  74.602(  h)  of  the  Commissions  rules,  TV  STLs  and  TV  relay  stations  may  be  authorized,  on  a  secondary  basis,  to  operate  fixed  point-  to-  point  service  on  spectrum  allocated  for 

 UHF-  TV  stations.  180  In  addition  to  being  secondary  to  full  power  UHF-  TV  and  Class  A  TV  stations,  these  stations  are  also  secondary  to  LPTV  stations  and  translator  stations,  and  to  land  mobile  stations 
 authorized  under  Parts  22  and  90  in  areas  where  land  mobile  sharing  is  permitted.  181  The  rules,  however,  do  not  contain  any  guidelines  regarding  acceptable  power  limits  or  antenna  specifications  for  these 
 stations.  182  Instead,  the  Commission  has  developed  policies  to  determine  how  to  authorize  these  stations.  Specifically,  TV  STL  and  TV  relay  station  applicants  that  request  output  power  greater  than  20  watts  or  a 
 transmitting  antenna  with  a  3  dB  beamwidth  greater  than  25  degrees  are  asked  to  submit  an  engineering  analysis  to  demonstrate  why  the  higher  output  power  or  wider  beamwidth  is  necessary.  183  Because  the 
 Commission  is  increasingly  relying  on  automated  processing,  as  evidenced  by  the  ULS,  it  stated  in  the  Notice  that  codifying  operational  parameters  for  these  stations  would  be  beneficial  so  that  prospective 
 applicants  have  as  much  information  as  possible  to  assist  them.  The  Commission  further  stated  that  this  change  would  shorten  the  application  process  by  minimizing  the  number  of  applications  that  need  to  be 
 returned  due  to  failure  to  submit  an  engineering  analysis  if  the  stated  specifications  are  exceeded.  184 
 94.  To  implement  this  policy  in  the  rules,  the  Commission  proposed  to  modify  Section  74.602(  h)  to  permit  applicants  for  TV  STL  and  TV  relay  stations  up  to  35  dBW  EIRP,  a  3  dB  beamwidth 

 of  25  degrees  or  less,  and  use  of  vertical  polarization  185  without  submitting  an  engineering  analysis.  186  In 
 180  47  C.  F.  R.    74.602(  h).  The  UHF-  TV  spectrum  may  be  used  only  if  a  licensee  cannot  find  spectrum  available  in 
 any  other  frequency  band  allocated  for  these  stations. 
 181  47  C.  F.  R.  Parts  22  and  90  provide  for  the  use  of  land  mobile  stations  in  the  470-  512  MHz  band  (TV  channels 
 14-  21).  See,  e.  g.,  47  C.  F.  R.    22.621  and  90.303.  Additionally,  we  note  that  the  Commission  adopted  an  Order  in  1995  granting  a  conditional  waiver  for  public  safety  land  mobile  use  of  Channel  16  in  New  York  City.  See  In  the 

 Matter  of  Waiver  of  Parts  2  and  90  of  the  Commission's  Rules  to  Permit  New  York  Metropolitan  Area  Public  Safety  Agencies  to  Use  Frequencies  at  482-  488  MHz  on  a  Conditional  Basis,  Order,  10  FCC  Rcd  4466  (1995).  Under 
 terms  adopted  in  the  Report  and  Order  in  MM  Docket  No.  00-  10,  the  New  York  Police,  operating  under  authority  of  the  cited  waiver,  and  LPTV  station  WEBR-  LP  will  continue  their  current  practice  of  cooperating  to  ensure  that 
 neither  party  interferes  with  the  others  transmission  on  Channel  16.  See  In  The  Matter  Of  Establishment  Of  A  Class  A  Television  Service,  MM  Docket  No.  00-  10,  Report  and  Order,  15  FCC  Rcd  6355  (2000)  at    84. 

 182  See  47  C.  F.  R.    74.636  (power  limits),  47  C.  F.  R.    74.641  (antenna  requirements). 
 183  This  policy  was  articulated  for  applicants  in  RM-  7586.  See  TV  Auxiliary  Use  of  Vacant  UHF-  TV  Channels, 
 RM-  7586,  Memorandum  Opinion  and  Order,  10  FCC  Rcd  4896  (1995)  (UHF-  TV  Order)  at    9-  11. 
 184  Notice  at    55. 

 185  Vertical  polarization,  rather  than  the  more  commonly  transmitted  horizontal  polarization  is  required  as  an  added 
 safeguard  to  prevent  reception  of  these  signals  by  the  public. 
 186  Id.  at    57. 
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 addition,  because  the  Commission  also  regularly  licenses  TV  translator  relay  stations  on  UHF-  TV  channels,  it  proposed  that  they  also  be  subject  to  these  rules.  187  Finally,  the  Commission  proposed  to  limit 
 future  assignments  on  UHF-  TV  stations  to  channels  14-  51  and  to  grandfather  existing  operations  on  channels  52-  69.  This  proposal  was  made  based  on  the  Commissions  recent  reallocation  of  channels  52- 
 59  (698-  746  MHz)  188  and  channels  60-  69  (746-  806  MHz)  from  broadcasting  to  fixed,  mobile,  and  broadcasting  with  most  licenses  to  be  assigned  by  competitive  bidding.  189 

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

 stations  be  permitted  on  these  channels  on  a  secondary,  non-  interference  basis  until  such  time  as  the  Commissions  Media  Bureau  stops  accepting  applications  for  new  translator  stations  on  these  channels.  It 
 states  that  translator  relay  stations  are  an  economical  method  of  transporting  a  stations  signals  to  TV  translator  station  and  that  most  translator  relays  are  in  relatively  remote  areas  where  new  spectrum  users 
 will  be  slow  to  use  the  spectrum.  It  also  notes  that  during  the  transition  to  DTV,  stations  will  be  using  both  analog  and  digital  channels,  making  it  difficult  to  find  available  channels  for  new  translator  relay 

 187  Id.  at    58. 
 188  See  In  the  Matter  of  Reallocation  and  Service  Rules  for  the  698-  746  MHz  Spectrum  Band  (Television  Channels 
 52-  59),  Report  and  Order,  GN  Docket  No.  01-  74,  17  FCC  Rcd  1022  (2002)  (Channel  52-  59  Reallocation  Order),  at    2,  13. 

 189  See  generally  In  the  Matter  of  Reallocation  of  Television  Channels  60-  69,  The  746-  806  MHz  Band,  ET  Docket 
 No.  97-  157,  Report  and  Order,  12  FCC  Rcd.  22953  (1998).  In  that  proceeding  the  764-  776  MHz  and  794-  806  MHz  bands  were  designated  for  use  by  public  safety.  The  746-  747  MHz,  762-  764  MHz,  776-  777  MHz,  and  792- 

 794  MHz  bands  have  already  been  auctioned  and  assigned  to  guard  band  managers.  That  auction  was  completed  on  February  21,  2001.  See  700  MHz  Guard  Bands  Auction  Closes,  DA  01-  478,  Public  Notice,  Feb.  22,  2001.  The 
 auction  for  the  698-  746  MHz  band  began  June  19,  2002  and  the  auction  for  the  747-  762  MHz  and  777-  792  MHz  bands  is  scheduled  to  begin  January  14,  2003.  See  In  the  matter  of  Auction  of  Licenses  in  the  747-  762  and  777-  792 
 MHz  Bands  (Auction  No.  31);  Auction  of  Licenses  in  the  698-  746  MHz  Band  (Auction  No.  44);  Cellular  Telecommunications  &  Internet  Association,  Paxson  Communications  Corporation  and  the  Spectrum  Clearing 
 Alliance  Applications  for  Review  of  Wireless  Telecommunications  Bureau  Letter,  April  10,  2002,  DA  02-  857,  WT  Docket  No.  99-  168,  GN  Docket  No.  01-  74,  Order,  rel.  May  24,  2002. 

 190  See  APTS/  PBS  Comments  at  7-  8;  MSTV/  NAB  Comments  at  11. 
 191  MST/  NAB  Comments  at  11. 
 192  SBE  Comments  at  14-  15. 
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 operations.  193 
 97.  Discussion.  Based  on  the  comments,  we  adopt,  with  some  modification,  our  proposals  with  respect  to  the  future  use  of  UHF-  TV  channels  by  TV  STLs,  TV  relay  stations,  and  TV  translator 

 relay  stations.  We  will  permit  these  stations  to  obtain  authorizations  without  submitting  an  engineering  analysis  so  long  as  they  meet  the  specified  technical  parameters    maximum  EIRP  of  35  dBW,  maximum 
 transmitting  antenna  beamwidth  of  25  degrees,  and  use  of  vertical  polarization.  In  addition,  we  will  limit  future  licensing,  beginning  as  of  the  effective  date  of  the  rules  of  this  Report  and  Order,  of  TV  STLs  and 
 TV  relay  stations  to  channels  14-  51;  current  stations  on  channels  52-  69  will  be  grandfathered  under  the  terms  of  their  current  authorization  until  the  end  of  the  DTV  transition  or  until  new  primary  licensees 
 require  the  removal  of  such  operations.  Finally,  for  the  reasons  given  by  NTA,  we  will  permit  future  licensing  of  TV  translator  relay  stations  on  all  UHF-  TV  channels  52-  69  through  the  end  of  the  DTV 
 transition  as  long  as  harmful  interference  is  not  caused  to  new  primary  services. 
 98.  We  disagree  with  MSTV/  NAB  and  SBE  that  additional  measures  must  be  taken  to  protect  UHF-  TV  broadcast  operations  from  TV  STLs,  TV  relay  stations,  and  TV  translator  relay  stations.  The 

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

 193  NTA  Ex  Parte  presentation  of  March  21,  2002,  ET  Docket  No.  01-  75,  filed  May  10,  2002,  at  1-  2.  NTA  also 
 asks  that  we  allow  the  transmission  of  multiple  contiguous  standard  8-  Level  Vestigial  Side-  Band  (8VSB)  digital  modulation  signals  from  multiple  primary  stations,  as  defined  in  Section  74.701(  b),  on  one  set  of  microwave 

 equipment  operating  on  a  channel  for  which  a  TV  translator  relay  station  is  already  authorized.  We  clarify  here  that  Section  74.631(  d)  already  allows  such  a  station  to  multiplex  signals  to  provide  additional  communication  channels 
 in  the  manner  requested  by  the  NTA.  47  C.  F.  R.    74.701(  b),  74.631(  d).  In  addition,  we  note  that  because  NTA  states  that  the  proposed  operation  would  adhere  to  the  current  emission  mask,  allowing  multiple  signals  within  a 
 channel  will  not  increase  the  interference  potential  of  transmissions  within  the  channel. 
 194  See  UHF-  TV  Order  at    12-  13. 

 195  We  are  modifying  the  language  of  proposed  Section  74.602(  h)(  1)  to,  Applications  for  authorization  in 
 accordance  with  this  paragraph  must  comply  with  the  following  technical  limits  or  be  accompanied  by  an  engineering  analysis  demonstrating  why  these  limits  must  be  exceeded. 

 196  Stations  licensed  under  47  C.  F.  R.    74.602(  h)  are  subject  to  provisions  of  Part  74,  Subpart  G,  which  contains 
 protection  criteria  for  many  types  of  stations.  See,  for  example,  Sections  74.705,  74.707,  and  74.709  for  interference  protection  criteria  for  TV  broadcast  stations;  low  power  TV  and  TV  translator  stations;  and  land  mobile 

 stations,  respectively.  47  C.  F.  R.    74.705,  74.707,  and  74.709. 
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 99.  Commenters,  recognizing  that  the  frequency  bands  encompassing  UHF-  TV  channels  52-  69  have  been  reallocated,  generally  support  our  proposal  to  cease  licensing  BAS  stations  on  this 
 spectrum.  Accordingly,  for  applications  filed  on  or  after  the  effective  date  of  these  rules,  we  will  no  longer  accept  applications  for  TV  STLs  or  TV  relay  stations  for  operations  on  TV  channels  52-  69. 
 Existing  stations  will  be  grandfathered  on  a  continued  secondary  basis  under  the  terms  of  their  current  authorizations  until  the  end  of  the  DTV  transition  or  until  the  band  is  needed  for  new  primary  status 
 licensed  services.  197  This  action  will  minimize  encumbrance  of  the  spectrum  and  ease  the  introduction  of  new  services.  We  take  a  slightly  different  approach,  however,  to  future  licensing  of  TV  translator  relay 
 stations.  We  will  allow  new  authorizations  for  these  stations  to  operate  on  UHF-  TV  channels  52-  69  until  the  end  of  the  DTV  transition  as  long  as  there  are  no  interference  conflicts  with  new  licensed  services.  We 
 find  that  this  action  should  not  affect  new  uses  of  this  spectrum  as  TV  translator  relay  stations  operate  on  a  secondary  basis  to  new  primary  services  on  UHF-  TV  channels  52-  69  and  TV  translator  relay  stations 
 are  typically  in  remote  areas.  In  addition,  this  is  consistent  with  the  Commissions  decision  in  the  Channel  52-  59  Reallocation  Order,  which  allows  the  continued  filing  and  operation  of  new  low  power 
 TV  and  TV  translator  stations,  on  a  secondary  basis,  on  Channels  52-  69  through  the  end  of  the  DTV  transition.  198  We  observe  that  TV  translator  relay  stations  are  typically  used  to  carry  TV  signals  to 
 translator  stations  199  to  serve  communities  that  are  far  from  TV  broadcast  stations.  Such  transmission  is  often  more  economically  accommodated  at  UHF-  TV  frequencies  than  in  the  higher  microwave  frequency 
 bands  available  to  TV  BAS.  Given  the  value  of  TV  translator  relay  stations  to  rural  areas  that  may  not  see  new  primary  services  for  years  to  come,  and  the  fact  that  new  TV  translators  may  be  authorized  only 
 on  a  secondary  basis  on  UHF-  TV  Channels  52-  69  through  the  end  of  the  DTV  transition,  we  find  that  the  continued  authorization  and  operation  of  TV  translator  relay  stations  is  desirable  and  will  not  impact  new 
 primary  services.  Consistent  with  the  Channel  52-  59  Reallocation  Order,  we  also  will  permit  translator  relay  stations  in  operation  on  channels  52-  59  at  the  end  of  the  DTV  transition  to  continue  operating  on  a 
 secondary  basis  to  new  services  after  the  end  of  the  transition.  200 
 100.  Finally,  we  remind  all  TV  BAS  licensees  and  prospective  applicants  for  operation  on  UHF-  TV  channels  52-  69  (698-  806  MHz)  that  operations  by  new  primary  services  in  that  band  will  be 

 permitted  anywhere  within  the  licensed  geographic  areas  as  soon  as  they  are  licensed,  and  need  not  wait  till  the  end  of  DTV  transition,  on  December  31,  2006,  or  later,  201  provided  they  do  not  interfere  with  full-power 
 TV.  For  example,  a  new  primary  service  licensee  may  be  able  to  deploy  in  areas  without  TV  service  or  make  arrangement  for  spectrum  access  prior  to  the  completion  of  DTV  transition.  TV  BAS 
 operations,  because  of  their  secondary  status  both  during  and  after  DTV  transition,  are  not  permitted  to  cause  harmful  interference  to  stations  of  primary  services  -  including  new  licensees  in  the  band  as  a  result 

 197  47  U.  S.  C.    309(  j)(  14)(  A)-(  B).  This  statute  requires  analog  TV  broadcasters  to  cease  operation  in  the  recovered 
 spectrum  by  the  end  of  2006  unless  the  Commission  extends  the  end  of  the  transition,  which  it  is  required  to  do  at  the  request  of  individual  broadcast  licensees  on  a  market-  by-  market  basis,  if:  (1)  one  or  more  of  the  four  largest 

 network  stations  or  affiliates  is  not  broadcasting  in  digital  format;  (2)  digital-  to-  analog  converter  technology  is  not  generally  available;  or,  (3)  15  percent  or  more  of  television  households  are  not  receiving  a  digital  signal.  See  also 
 Channel  52-  59  Reallocation  Order  at    3. 
 198  Channel  52-  59  Reallocation  Order  at    46-  49.  See  also  footnote  NG159  to  the  Table  of  Frequency  Allocations 
 in  Section  2.106,  47  C.  F.  R.    2.106. 
 199  See  47  C.  F.  R.    74.631(  g)  and  74.632(  e). 

 200  Channel  52-  59  Reallocation  Order  at    48. 
 201  47  U.  S.  C.    309(  j)(  14)(  A)-(  B). 
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 of  the  upcoming  auctions.  This  means  that  if  TV  BAS  operations  cause  harmful  interference  to  these  primary  services,  they  must  cease  operation  immediately,  regardless  of  whether  this  occurs  before  or  after 
 the  end  of  DTV  transition.  Secondary  TV  BAS  operations  are  also  required  to  accept  any  interference  caused  by  these  primary  services. 

 4.  TV  BAS  Sound  Channels 
 101.  Section  74.603(  b)  of  the  Commissions  rules  provides  authority  for  TV  BAS  stations  to  use  an  aural  broadcast  STL  or  relay  station  licensed  under  the  aural  BAS  rules  to  transmit  the  aural 

 portion  of  a  television  broadcast  program.  This  use  is  on  a  secondary,  non-  interference  basis  to  programming  of  aural  broadcast  stations.  202  In  the  Notice,  the  Commission  stated  that  its  understanding  of 
 current  industry  practice  is  for  broadcasters  to  use  multiplexing  techniques,  rather  than  separate  sound  channels,  to  transmit  the  aural  portion  and  video  portion  of  their  programming  over  a  single  TV  BAS 
 channel.  Therefore,  the  Commission  proposed  to  eliminate  Section  74.603(  b).  Additionally,  the  Commission  proposed  to  eliminate  the  corresponding  provision  of  Section  74.502(  b)  that  provides  TV 
 BAS  licensees  authorization  to  use  the  aural  BAS  channels.  The  Commission  also  sought  comment  on  whether  it  should  delete  Section  74.603(  c),  which  provides  grandfathering  rights  so  that  TV  BAS  stations 
 could  continue  operating  aural  STL  or  relay  stations  that  were  in  service  prior  to  July  10,  1970.  203 
 102.  Discussion.  SBE,  the  only  commenter  on  this  issue,  confirms  our  understanding  of  current  industry  practice  and  concurs  with  our  proposals.  204  Accordingly,  we  adopt  our  proposals  to 

 eliminate  Sections  74.603(  b),  74.502(  b),  74.603(  c). 
 5.  Remote  Pickup  Broadcast  Auxiliary  Frequency  Assignment 
 103.  In  1984,  the  Commission  adopted  a  comprehensive  revision  of  the  rules  for  Remote  Pickup  station  frequency  assignments.  205  That  Report  and  Order  split  the  Remote  Pickup  channels  in  the 

 150  MHz,  160  MHz  and  450  MHz  bands  into  5  kilohertz  channels  that  could  be  stacked  to  create  channels  of  various  sizes.  Thus,  licensees  could  continue  operating  their  equipment  under  existing 
 licenses  and  existing  and  new  licensees  seeking  to  update  their  systems  could  make  use  of  newer  narrowband  technology.  The  Report  and  Order,  however,  stated  that  an  effective  date  for  these  rules 
 would  be  specified  in  a  future  Order.  To  date,  the  Commission  has  not  taken  such  action. 
 104.  The  rules  written  in  1984  for  the  Remote  Pickup  Broadcast  Service  were  intended  to  provide  licensees  more  freedom  to  choose  and  implement  new  technologies  in  their  effort  to  make  the 

 most  efficient  use  of  the  spectrum.  Because  many  technical  and  regulatory  changes  have  occurred  since  1984,  the  Commission  proposed  in  the  Notice  to  amend  the  rules  adopted  in  1984,  as  discussed  below,  to 
 ensure  that  this  objective  will  be  achieved.  206 

 202  47  C.  F.  R.    74.603(  b). 
 203  Notice  at    60-  61. 
 204  SBE  Comments  at  15. 
 205  See  Amendment  of  Frequency  Assignment  Procedures  in  the  Broadcast  Remote  Pickup  Service  to  Facilitate 
 More  Efficient  Use  of  the  Available  Spectrum,  MM  Docket  No.  84-  280,  Report  and  Order,  49  FR  45155  (Nov.  15,  1984).  See  also  Section  74.402.  47  C.  F.  R.    74.402. 

 206  Notice  at    63. 
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 105.  Since  1984,  significant  advances  have  been  achieved  in  the  development  of  narrowband  radios,  such  as  the  maturation  of  digital  modulation  techniques,  improved  coding  processes,  and 
 development  of  more  stable  oscillators.  In  1995,  based  on  advances  such  as  these,  the  Commission  adopted  a  narrowband  channel  plan  for  the  150  174  MHz  and  450-  512  MHz  bands  used  by  Part  90 
 Private  Land  Mobile  Radio  Service  (PLMRS)  licensees.  207  In  that  decision,  the  Commission  adopted  a  channel  plan  in  which  channels  were  spaced  every  7.5  kilohertz  in  the  150  MHz  band  and  every 
 6.25  kilohertz  in  the  450  MHz  band.  Under  certain  circumstances,  these  channels  could  be  stacked  to  allow  the  use  of  6.25,  12.5  or  25  kilohertz  equipment. 

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

 107.  In  the  Notice,  the  Commission  also  stated  that  the  vast  majority  of  licensees  in  the  150  MHz  and  160  MHz  bands  can  be  accommodated  by  the  proposed  channel  plan  without  having  to  change 
 their  equipment.  The  proposed  channel  plan  includes  all  of  the  channels  used  by  the  majority  of  licensees  under  the  pre-  1984  plan.  Compliance  with  the  1984  channel  plan,  on  the  other  hand,  because  it  is  based 
 on  5  kHz  channel  spacing  would  require  licensees  to  modify  their  operating  frequency,  either  by  retuning  or  replacing  their  equipment.  The  Commission  stated  that  a  search  of  its  licensing  database  reveals  that 

 207  See  Replacement  of  Part  90  by  Part  88  to  Revise  the  Private  Land  Mobile  Radio  Services  and  Modify  the 
 Policies  Governing  Them  and  Examination  of  Exclusivity  and  Frequency  assignment  Policies  of  the  Private  Land  Mobile  Radio  Services,  PR  Docket  No.  92-  235,  Report  and  Order  and  Further  Notice  of  Proposed  Rule  Making,  10 

 FCC  Rcd  10076  (1995)  (Refarming  R&  O). 
 208  For  example,  under  the  rules  adopted  in  1984  for  the  Remote  Pickup  Broadcast  Service,  valid  frequencies  for  use 
 include  152.8625  and  152.8675  MHz.  See  47  C.  F.  R.    74.402.  Valid  Industrial/  Business  Pool  frequencies  under  Part  90  include  152.8625  and  152.870  MHz.  See  47  C.  F.  R.    90.35.  From  these  frequencies,  it  is  clear  that  valid 

 frequency  separations  include  0,  2.5,  and  5  kilohertz  (e.  g.,  152.8675  MHz    152.8625  MHz  =  5  kilohertz  and  152.870  MHz    152.8675  MHz  =  2.5  kilohertz.) 

 209  Notice  at    66. 
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 most  licensees  continue  to  operate  on  the  Remote  Pickup  channels  under  the  pre-  1984  channel  plan,  and  that  there  are  only  7  Remote  Pickup  licensees  in  the  150  MHz  band  and  25  in  the  160  MHz  band  that 
 have  begun  operating  using  the  1984  channel  plan.  210 
 108.  In  the  Notice,  the  Commission  also  proposed  to  modify  the  1984  channel  plan  for  the  50  kilohertz  wide  Group  N1  and  25  kilohertz  wide  N2  450  MHz  Remote  Pickup  channels.  Specifically,  the 

 Commission  proposed  to  standardize  the  Remote  Pickup  channel  plan  with  the  Part  90  channel  plan  by  listing  channels  6.25  kilohertz  apart  and  allowing  licensees  to  stack  up  to  8  channels  (50  kilohertz).  The 
 Commission  stated  that,  although  Part  74  licensees  do  not  share  this  band  with  Part  90  licensees,  by  aligning  to  the  Part  90  channel  plan  BAS  licensees  in  this  band  will  reap  the  same  benefits  as  those 
 expected  for  the  VHF  band.  The  Commission  also  observed  that,  similar  to  the  VHF  band,  its  database  shows  that  most  licensees  continue  to  operate  on  the  pre-  1984  channel  plan,  although  some  licensees  have 
 begun  migrating  to  the  1984  channel  plan.  211 
 109.  To  accommodate  all  licensees  who  are  operating  in  compliance  with  the  1984  channel  plan,  the  Commission  proposed  in  the  Notice  to  give  them  three  years  from  the  date  a  new  channel  plan  is 

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

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

 210  Id.  at    67. 
 211  Id.  at    68. 
 212  Id.  at    69.  See  Replacement  of  Part  90  by  Part  88  to  Revise  the  Private  Land  Mobile  Radio  Services  and  Modify 
 the  Policies  Governing  Them  and  Examination  of  Exclusivity  and  Frequency  assignment  Policies  of  the  Private  Land  Mobile  Radio  Services,  PR  Docket  No.  92-  235,  Memorandum  Opinion  and  Order,  11  FCC  Rcd  17676 

 (1996). 
 213  47  C.  F.  R.    74.402,  Note  6. 

 214  Notice  at    70. 
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 accordance  with  the  Commissions  proposal  to  standardize  the  Remote  Pickup  channels  with  those  listed  in  Part  90,  it  believed  that  this  service  should  adhere  to  the  technical  standards  of  Part  90.  In  this  way, 
 Part  74  licensees  could  choose  from  among  the  wide  variety  of  radios  available  for  PLMRS  licensees.  Accordingly,  for  equipment  designed  to  operate  on  channels  with  bandwidths  of  30  kilohertz  or  less  in 
 the  VHF  and  UHF  Remote  Pickup  Service  bands,  the  Commission  proposed  that  the  equipment  comply  with  the  Part  90  technical  rules  for  the  emission  mask  215  and  frequency  stability.  216  Additionally,  the 
 Commission  asked  commenters  to  address  whether  the  transient  frequency  behavior  217  rules  in  Section  90.214  would  be  appropriate  to  impose  on  Remote  Pickup  service  transmitters.  218 

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

 however,  that  we  maintain  the  current  requirements  for  25  kilohertz  or  wider  channels  in  Groups  N1  and  N2  and  wideband  channels  in  Groups  R  and  S.  It  states  that  coordinators  have  already  implemented  plans, 
 including  adjacent  channel  offsets,  to  accommodate  these  wide  channels.  SBE  also  recommends  that  we  harmonize  the  Group  P  channels  with  the  plan  proposed  for  the  Group  N1  and  N2  channels  by 
 rechannelizing  them  to  6.25  kilohertz  stackable  to  12.5  kilohertz.  Finally,  SBE  recommends  grandfathering  existing  licensees  using  10  kilohertz  Group  P  channels.  220 

 114.  Discussion.  As  described  above,  the  only  commenter  on  this  issue,  SBE,  supports  our  proposals  with  some  modification.  We  agree  with  their  suggestions  and  adopt  our  proposals  as  modified 
 by  those  suggestions.  Therefore,  we  will  amend  the  channel  plan  for  150  MHz  and  160  MHz  Remote  Pickup  stations  to  list  channels  every  7.5  kilohertz  and  allow  licensees  to  stack  up  to  four  channels  for  a 
 total  of  30  megahertz.  In  addition,  we  will  modify  the  Group  N1  and  N2  450  MHz  channels  to  list  channels  every  6.25  kilohertz  and  allow  licensees  to  stack  up  to  eight  channels  for  a  total  of  50 
 megahertz.  As  suggested  by  SBE,  we  will  also  modify  the  Group  P  channels  to  list  them  every  6.25  kHz 
 215  47  C.  F.  R.    90.210. 
 216  47  C.  F.  R.    90.213. 
 217  Transient  frequencies  are  short-  term  variations  of  a  transmitters  operating  frequency  that  occurs  when  a 
 transmitter  is  keyed  on  or  off.  During  this  period  of  off-  frequency  operation  noise  chirps  are  transmitted  that  could  interfere  with  adjacent  channel  operations. 

 218  47  C.  F.  R.    90.214.  Notice  at    71. 
 219  SBE  Comments  at  15-  16.  SBE  additionally  states  that  Part  90  narrowband  radios  may  not  suit  audio  program 
 feeds  requiring  high  fidelity  and  no  real-  time  delay. 
 220  Id.  at  16-  17. 
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 and  allow  licensees  to  stack  up  to  two  channels.  221  Further,  we  will  require  new  Remote  Pickup  station  equipment  designed  to  operate  on  channels  30  kilohertz  wide  or  less  to  comply  with  the  Part  90  technical 
 standards,  including  emission  mask,  frequency  tolerance,  and  transient  frequency  behavior.  By  harmonizing  all  RPU  channels  and  equipment  with  the  Part  90  PLMR  channel  plan,  licensees  will  benefit 
 from  economies  of  scale  resulting  from  the  use  of  equipment  consistent  with  Part  90  operations.  Additionally,  this  will  simplify  station  coordination  and  reduce  the  potential  for  harmful  interference. 

 115.  To  ease  the  transition  to  this  new  channel  plan,  we  adopt  our  proposal  to  provide  a  three-year  period  for  licensees  operating  on  the  channels  adopted  in  1984  to  modify  their  licenses  to  the  new 
 channels.  After  three  years,  they  may  remain  on  their  current  channel  assignments,  but  on  a  secondary,  non-  interference  basis.  Consistent  with  our  action  for  the  N1  and  N2  channels  we  will  also  provide  three 
 years  to  licensees  operating  on  the  10  kilohertz  P  channels  to  modify  their  licensees  to  the  new  channel  plan.  After  that  time  they  may  remain  on  their  current  channel  assignment  but  on  a  secondary  basis.  This 
 will  provide  for  a  smooth  transition  to  the  new  channels  where  incumbent  operations  will  not  inhibit  the  growth  of  systems  on  the  new  frequency  plan. 

 6.  Federal  Narrowbanding  of  162-  174  MHz  Band  Land  Mobile  Frequencies 
 116.  The  Interdepartment  Radio  Advisory  Committee  222  (IRAC)  has  been  working  to  reduce  the  bandwidth  of  Federal  Government  land  mobile  operations  in  a  number  of  frequency  bands,  including 

 the  162-  174  MHz  band.  Based  on  the  work  of  the  IRAC,  the  National  Telecommunications  and  Information  Administration  (NTIA)  adopted  a  policy  which  requires  all  new  Federal  Government  systems 
 after  January  1,  1995,  and  all  Federal  Government  systems  after  January  1,  2005,  in  the  162-  174  MHz  band  to  be  capable  of  operating  within  a  12.5  kilohertz  channel.  223  Under  our  rules,  Remote  Pickup  BAS 
 may,  with  certain  geographic  restrictions,  use  the  frequencies  166.25  MHz  and  170.15  MHz  on  a  secondary  basis  to  Federal  Government  use.  224  The  rules  currently  allow  licensees  on  these  channels  to 
 operate  on  25  kilohertz  channels  225  and  do  not  provide  any  procedures  for  transitioning  to  narrower  12.5  kilohertz  channels.  In  addition,  these  two  frequencies  are  used  in  the  Emergency  Alert  System  (EAS)  226 

 221  The  new  channel  centers  resulting  from  modifying  the  Group  P  channels  are:  450.00625  MHz,  450.0125  MHz, 
 450.01875  MHz,  450.025  MHz,  450.98125  MHz,  450.9875  MHz,  450.99375  MHz,  455.00625  MHz,  455.0125  MHz,  455.01875  MHz,  455.025  MHz,  455.98125  MHz,  455.9875  MHz,  and  455.99375  MHz. 

 222  The  IRAC  is  chaired  by  the  Department  of  Commerce/  NTIA  and  consists  of  representatives  from  a  number  of 
 Federal  Agencies  and  assists  the  Assistant  Secretary  of  Commerce  for  Communications  and  Information  in  assigning  frequencies  to  U.  S.  Government  radio  stations  and  in  developing  and  executing  policies,  programs, 

 procedures,  and  technical  criteria  pertaining  to  the  allocation,  management,  and  use  of  the  spectrum.  See  NTIA  Manual  of  Regulations  and  Procedures  for  Federal  Frequency  Management  (NTIA  Manual),  Section  1.3. 

 223  See  NTIA  Manual,  Section  4.3.7A.  The  bands  subject  to  Federal  Government  narrowbanding  are 
 162.0125-  173.2  MHz  and  173.4-  174  MHz. 
 224  47  C.  F.  R.    74.402.  The  exceptions  are  within  150  miles  of  New  York  City,  where  these  frequencies  are  reserved 
 for  use  by  public  safety  users;  in  Alaska;  or  in  the  Tennessee  Valley  Authority  area.  The  Tennessee  Valley  Authority  Area  is  described  in  detail  in  Footnote  US11.  This  area  encompasses  Tennessee,  the  southern  portion  of 

 Kentucky,  southwest  Virginia,  most  of  Mississippi  and  Alabama,  Northern  Georgia,  the  northwest  corner  of  South  Carolina,  and  western  North  Carolina. 

 225  47  C.  F.  R.    74.462. 
 226  47  C.  F.  R.  Part  11. 
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 in  some  areas  to  relay  information  to  local  stations  for  dissemination  to  the  public.  227  Despite  this  secondary  status,  it  has  been  the  policy  of  NTIA  and  the  FCC  to  protect  stations  used  for  EAS  from 
 harmful  interference. 
 117.  To  ensure  continued  successful  sharing  of  the  spectrum  with  Federal  Government  users,  we  proposed  to  conform  Remote  Pickup  BAS  use  of  the  166.25  MHz  and  170.15  MHz  frequencies  to  the 

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

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

 227  Notice  at    72-  73. 
 228  Id.  at    73. 
 229  SBE  Comments  at  16.  See  Amendment  of  Section  2.106  of  the  Commissions  Rules  to  Allocate  Spectrum  at 
 2  GHz  for  Use  by  the  Mobile-  Satellite  Service,  Second  Report  and  Order  and  Second  Memorandum  Opinion  and  Order,  ET  Docket  No.  95-  18,  15  FCC  Rcd  12315  (2000).  In  this  proceeding,  NTIA  asked  the  Commission  to 

 provide  primary  status  to  Government  space  operations,  earth  exploration  satellites,  and  space  research  in  the  2025-  2110  MHz  band.  NASA  stated  that  it  had  been  using  this  band  for  almost  thirty  years  for  satellites  which  support 
 such  major  programs  as  the  Space  Shuttle,  the  Hubble  Space  Telescope,  the  Tracking  and  Data  Relay  Satellite  System  and  will  use  this  spectrum  to  support  the  International  Space  Station.  The  Commission  concluded  that  in 
 view  of  the  successful  sharing  between  BAS  and  Government  satellite  operations  in  the  past,  Government  satellite  operations  could  be  elevated  to  co-  primary  status.  It  stated  that  this  change  would  provide  increased  certainty  and 
 clarity  to  the  U.  S.  Table  of  Frequency  Allocations.  The  Commission,  however,  did  express  concern  about  the  impact  of  this  change  on  the  future  deployment  of  BAS  and  adopted  measures  to  minimize  such  impact. 

 230  Letter  to  Mr.  Bruce  Franca,  Acting  Chief,  Office  of  Engineering  and  Technology,  Federal  Communications 
 Commission,  from  William  T.  Hatch,  Associate  Administrator,  Office  of  Spectrum  Management,  National  Telecommunications  and  Information  Administration,  United  States  Department  of  Commerce,  Aug.  7,  2001. 
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 provide  benefits  to  Remote  Pickup  BAS  users.  231  For  example,  it  would  simplify  coordination  and  improve  adjacent  channel  performance.  Therefore,  in  accordance  with  the  comments  of  SBE  and  our 
 proposal,  we  are  amending  the  rules  to  require  that  existing  and  applied  for  Remote  Pickup  BAS  facilities  on  166.25  MHz  and  170.15  MHz  use  no  more  than  12.5  kilohertz  channel  bandwidth  by  January  1,  2005. 
 This  will  apply  to  all  stations  on  these  frequencies  that  obtained  licenses  or  applied  for  licenses  on  or  before  the  effective  date  of  the  rules  in  this  Report  and  Order.  232  This  approach  will  ensure  that  existing 
 licensed  stations  and  applicants  who  are  planning  stations  on  these  frequencies  have  adequate  time  to  transition  to  narrowband  equipment.  To  further  ease  this  transition,  we  will  not  require  licensees  to 
 modify  their  licenses.  Instead,  the  Commission  will  automatically  issue  a  superseded  license,  effective  January  1,  2005,  showing  the  reduction  in  authorized  bandwidth.  233  Additionally,  in  the  event  that  the 
 January  1,  2005  deadline  for  Federal  Government  systems  is  extended,  we  will  consider  amending  the  Rules  to  implement  the  extension  for  Non-  Government  systems  on  the  166.25  MHz  and  170.15  MHz 
 frequencies  as  well.  Stations  applied  for  after  the  effective  date  of  the  rules  in  this  Report  and  Order  must  comply  with  the  12.5  kilohertz  channel  bandwidth  requirement.  Rather  than  placing  these  requirements 
 in  footnote  US11  as  proposed,  we  will  instead  amend  Section  74.462.  234  This  action  is  appropriate  as  it  consolidates  all  Remote  Pickup  BAS  service  rules  in  one  place. 

 120.  With  respect  to  Remote  Pickup  BAS  base  stations  operating  as  an  integral  part  of  the  EAS,  we  are  adopting  a  procedure  recommended  by  NTIA  to  ensure  that  such  stations  will  be 
 protected.  235  Under  this  procedure  NTIA  will  place  a  notation  in  the  Government  Master  Frequency  (GMF)  database  licensing  record  of  these  stations  which  will  require  Government  stations  to  protect  them 
 from  harmful  interference.  236  Thus,  there  is  no  need  to  amend  footnote  US11.  237 
 7.  950  MHz  Aural  BAS  Channel  Splits 

 231  Our  action  here  does  not  amend  the  rules  for  public  safety  stations  operating  on  166.25  MHz  or  170.15  MHz 
 under  the  rules  in  47  C.  F.  R.    90.20.  The  Commission  will  address  service  rules  for  those  stations  in  a  future  proceeding. 

 232  We  note  that  as  of  August  29,  2002,  there  is  only  one  application  pending  for  new  Remote  Pickup  BAS  use  of 
 166.25  MHz  or  170.15  MHz. 
 233  We  cannot  predict  the  exact  date  on  which  the  Commission  will  issue  the  superseded  license  at  this  time. 
 However,  the  effective  date  of  the  license  will  be  January  1,  2005  regardless  of  whether  the  license  is  issued  prior  to  or  subsequent  to  that  date.  Thus,  on  January  1,  2005  all  licensees  on  166.25  MHz  and  170.15  MHz  will  be  required 

 to  operate  on  12.5  kilohertz  channels. 
 234  47  C.  F.  R.    74.462. 

 235  Originally,  NTIA  recommended  that  these  BAS  stations  be  given  protected  status.  However,  such  a  status  is 
 not  defined  in  our  rules. 
 236  See  Letter  to  Mr.  Edmond  J.  Thomas,  Chief,  Office  of  Engineering  and  Technology,  Federal  Communications 
 Commission,  from  Fredrick  R.  Wentland,  Acting  Associate  Administrator,  Office  of  Spectrum  Management,  National  Telecommunications  and  Information  Administration,  United  States  Department  of  Commerce, 

 Aug.  6,  2002. 
 237  We  are,  however,  making  editorial  changes  to  footnote  US11  to  improve  its  readability. 
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 121.  950  MHz  Aural  BAS  Channel  Splits.  The  Report  and  Order  in  MM  Docket  85-  36  238  specified  that  the  950  MHz  Aural  BAS  Channel  Plan  listed  in  Section  74.502(  b)  would  become  effective 
 upon  a  future  Order  from  the  Commission  to  be  issued  when  the  licensing  system  was  capable  of  accommodating  this  channel  plan.  With  the  implementation  of  ULS  for  licensing,  we  are  implementing 
 that  rule  section  with  this  Report  and  Order. 
 C.  Universal  Licensing  System  and  BAS 
 122.  The  ULS  is  an  automated  licensing  system  and  integrated  database  designed  to  provide  greater  efficiency  in  the  licensing  process  by  using  a  consolidated  set  of  application  forms,  automating 

 many  license  review  processes,  and  facilitating  electronic  application  filing  and  data  retrieval.  The  Commissions  WTB,  which  is  responsible  for  licensing  BAS,  began  using  ULS  for  Aural  and  TV  BAS 
 licensing  in  August,  1999  239  and  for  Remote  Pickup  BAS  in  September,  2000.  240  As  a  result,  several  BAS  service  rules  require  updating  to  reflect  new  ULS  application  processing  procedures.  Many  of  these 
 changes,  such  as  updating  application  form  numbers,  are  ministerial  in  nature  and  are  being  adopted  without  discussion.  241  In  other  cases,  more  substantive  rule  changes  are  necessary  and  are  discussed 
 below. 
 1.  Application  Procedures  and  Construction  Periods 
 123.  The  ULS  Report  and  Order  consolidated  the  application  and  processing  rules  for  all  wireless  services  into  Subpart  F  of  Part  1,  242  now  the  only  rule  section  that  wireless  applicants  and 

 licensees,  including  BAS  applicants  and  licensees,  must  consult  regarding  application  procedures,  such  those  as  for  amendments,  modifications,  and  STAs.  243  In  the  Notice,  the  Commission  proposed  to  amend 
 Sections  1.901  and  1.902  to  add  the  appropriate  references  to  Part  74  and  to  add  a  new  section,  Section  74.6,  to  reference  the  application  and  processing  rules  in  Part  1,  Subpart  F.  Under  this  proposed  licensing 
 scheme,  aural  and  TV  BAS  stations  would  be  licensed  using  identical  forms  and  procedures  as  used  for 

 238  See  Review  of  Technical  and  Operational  Requirements:  Part  74-  E  Aural  Broadcast  STL  and  ICR  Stations;  and 
 Part  74-  F  TV  Auxiliary  Broadcast  Stations,  Report  and  Order,  MM  Docket  No.  85-  36,  102  F.  C.  C.  2d  940  (FCC  85-  588)  (1985)  (950  MHz  Rechannelization  Order).  The  950  MHz  Rechannelization  Order  at    29  amended  these  rules 

 to  be  effective  on  the  date  specified  in  a  future  order  by  the  Chief,  Mass  Media  Bureau,  indicating  computer  programs  are  available  for  implementing  the  new  rules. 

 239  See  Wireless  Telecommunications  Bureau  To  Begin  Use  Of  Universal  Licensing  System  (ULS)  For  Microwave 
 Services  On  August  30,  1999,  DA  99-  1543,  Public  Notice,  rel.  Aug.  6,  1999. 
 240  See  Wireless  Telecommunications  Bureau  Implements  Phase  I  Of  a  Three-  Phased  Deployment  of  the  Universal 
 Licensing  System  for  Land  Mobile  Radio  Services  on  September  19,  2000,  DA  00-  1992,  Public  Notice,  rel.  Sep.  1,  2000. 

 241  These  changes  were  included  in  proposed  rules.  See  Notice  at  Appendix  C. 
 242  See  Biennial  Regulatory  Review    Amendment  of  Parts  0,  1,  13,  22,  24,  26,  27,  80,  87,  90,  95,  97,  and  101  of  the 
 Commissions  Rules  to  Facilitate  the  Development  and  Use  of  the  Universal  Licensing  System  in  the  Wireless  Telecommunications  Services,  WT  Docket  No.  98-  20,  Report  and  Order,  13  FCC  Rcd.  21027  (1998)  (ULS  Report 

 and  Order),  at  21055. 
 243  47  C.  F.  R.    1.929  and  1.931. 
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 Part  101  microwave  applicants.  Remote  Pickup  BAS  stations  would  be  licensed  using  the  same  forms  and  procedures  that  are  used  for  Part  90  PLMRS  applicants.  244 
 124.  In  the  ULS  Report  and  Order,  the  Commission  adopted  rules  that  eliminate  letter  requests  for  all  purposes  where  a  form  can  be  used,  245  stating  that  this  will,  reduce  applicant  and  licensee  burdens, 
 increase  efficiency  and  better  serve  the  public  interest.  246  In  keeping  with  this  policy  and  the  stated  benefits,  the  Commission  proposed  in  the  Notice  to  amend  the  Part  74  rules  for  BAS  to  eliminate  the 
 informal  application  for  STA  247  and  require  that  STA  requests  follow  the  procedures  outlined  in  Section  1.931.  248 

 125.  Under  the  Part  1,  Subpart  F  rules,  the  Commission  issues  a  license  which  specifies  the  construction  period  set  forth  in  the  rule  part  governing  the  specific  service.  Licensees  are  to  notify  the 
 Commission  when  operations  commence,  and  licensees  that  fail  to  commence  operations  within  the  required  construction  period  automatically  forfeit  their  license.  249  In  order  to  align  BAS  construction 
 rules  with  these  requirements,  and  with  current  practices  regarding  construction  periods  for  BAS,  the  Commission  also  proposed  in  the  Notice  to  amend  certain  rules  in  Part  73  and  create  a  new  Section  74.34. 
 This  new  section  references  the  construction  requirements  in  Subpart  F  of  Part  1;  a  construction  period  of  12  months    the  period  allowed  for  PLMRS  stations  authorized  under  Part  90  -  for  Remote  Pickup  BAS; 
 and  a  construction  period  of  18  months  for  TV  and  aural  BAS  stations.  250 
 126.  Commenting  parties  generally  support  the  proposals  set  forth  in  the  Notice  regarding  BAS  applications  procedures.  251  SBE,  however,  asks  that  ULS  be  modified  to  allow  both  transmit  and 

 receive  locations  to  be  specified  on  Form  601  for  remote  pick-  up  stations  used  as  point-  to-  point  telemetry  return  links,  to  more  accurately  reflect  how  such  stations  are  used.  252  SBE  and  MSTV/  NAB  support  the 
 proposals  regarding  STA  procedures  for  BAS.  253  SBE  points  out,  however,  that  requiring  BAS  STAs  to  follow  Section  1.931  procedures  would  require  electronic  filing.  254 

 127.  Commenting  parties  also  support  the  proposals  regarding  BAS  construction 
 244  Notice  at    75. 

 245  See  ULS  Report  and  Order  at  21052. 
 246  Id. 
 247  47  C.  F.  R.    74.433(  b),  74.537(  b),  and  74.633(  b).  An  informal  application  has  generally  been  interpreted  to 
 mean  a  letter  request. 
 248  Notice  at    78. 

 249  47  C.  F.  R.    1  .946. 
 250  Notice  at    76-  77. 
 251  See,  e.  g.,  MSTV/  NAB  Comments  at  11;  SBE  Comments  at  17;  Viacom  Reply  Comments  at  3.  Viacom  states 
 that  it  supports  the  comments  of  MSTV/  NAB  and  SBE. 
 252  SBE  Comments  at  17,  25. 

 253  SBE  Comments  at  17;  MSTV/  NAB  Comments  at  12. 
 254  SBE  Comments  at  17. 
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 requirements.  255  KNME  states  that  the  construction  periods  proposed  in  the  Notice  would  discourage  hoarding  by  speculative  applicants.  KNME  also  urges  that  we  require  a  licensee  to  file  a  certification  of 
 completion  of  construction  via  the  ULS,  to  track  false  construction  claims.  256  Similarly,  SBE  states  that  the  proposed  periods  are  more  than  adequate  for  any  applicant  who  truly  intends  to  build,  and  not  just 
 warehouse  frequencies.  257 
 128.  Discussion.  We  are  adopting  our  proposals  from  the  Notice  regarding  applications  and  STA  filing  procedures.  We  are  amending  Sections  1.901  and  1.902  to  reference  Part  74  and  are  adding  a 

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

 129.  We  are  also  adopting  the  proposed  rule  amendments  to  remove  the  construction  requirements  for  BAS  stations  from  Part  73  and  place  them  in  a  new  Section  74.34.  This  approach  will 
 promote  timely  construction  of  facilities,  ensure  consistent  construction  requirements  among  the  services,  and  prevent  warehousing  of  spectrum.  As  for  the  concern  of  KNME  that  licensees  be  required  to  file  a 
 certification  of  completion  of  construction,  we  note  that  the  rules  already  require  licensees  to  file  a  notification  of  completion  of  construction.  Failure  to  file  such  a  notification  results  in  the  termination  of 
 the  license  by  the  Commission.  261 
 2.  Classification  of  Filings  as  Major  or  Minor 
 130.  In  the  ULS  Report  and  Order,  the  Commission  adopted  rules  to  define  certain  actions  as  major  changes  for  all  wireless  services.  Additionally,  the  Commission  adopted  rules  which  define  major 

 changes  for  each  service  category.  Minor  changes  are  defined  as  all  changes  that  are  not  major.  262  These 
 255  SBE  Comments  at  17;  MSTV/  NAB  Comments  at  12;  KNME  Reply  Comments  at  1. 
 256  KNME  Reply  Comments  at  1. 
 257  SBE  Comments  at  17. 
 258  We  are  revising  the  text  of  the  proposed  Section  74.6  to  clarify  that  applicants  for  Remote  Pickup,  aural  BAS, 
 TV  BAS,  and  low  power  auxiliary  stations  under  Subparts  D,  E,  F,  and  H  of  Part  74  may  file  manually  or  electronically  under  Part  1  procedures. 

 259  Commenters  also  requested  several  other  changes  to  the  ULS  processing  and  search  capabilities.  See  SBE 
 Comments  at  24-  26;  SBE  Reply  Comments  at  8;  Viacom  Reply  Comments  at  4.  We  note  that  these  functions  of  the  licensing  system  are  not  subject  to  rulemaking  and  are  not  addressed  herein.  Comments  and  concerns  regarding 

 upgrades  and  enhancements  of  the  ULS  should  be  addressed  to  the  Wireless  Telecommunications  Bureau. 
 260  See  Appendix  A,  infra,  at    74.6. 

 261  47  C.  F.  R.    1.946(  d). 
 262  See  ULS  Report  and  Order  at  21058. 
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 designations  when  used  in  conjunction  with  other  adopted  rule  amendments  assist  the  Commission  in  streamlining  the  licensing  process.  As  an  example,  Section  1.947(  b)  allows  applicants  to  make  minor 
 modifications  to  their  stations  without  prior  Commission  approval  so  long  as  they  file  an  application  form  within  thirty  days  of  making  such  a  modification.  263  ULS  can  automatically  determine  if  an  application 
 for  modification  is  major  or  minor,  and  can  then  process  these  applications  without  the  need  for  intervention  by  Commission  staff.  264 

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

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

 133.  Discussion.  We  are  adopting  our  proposals  to  amend  the  Part  74  rules  so  that  BAS  applicants  and  licensees  are  subject  to  the  same  rules  as  specified  for  the  land  mobile  and  microwave 
 services  for  determining  major  and  minor  application  and  license  changes.  This  action  will  align  Remote 

 263  47  C.  F.  R.    1.947(  b). 
 264  Notice  at    79. 
 265  47  C.  F.  R.    1.929(  d)(  1)(  i). 
 266  Notice  at    80. 
 267  SBE  Comments  at  17-  18;  MSTV/  NAB  Comments  at  12;  MRC  Comments  at  7. 
 268  MSTV/  NAB  Comments  at  12,  15. 
 269  SBE  Comments  at  1-  2,  17. 
 270  MRC  Comments  at  7. 
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 Pickup  BAS  processing  rules  with  those  for  similar  services  under  Part  90  and  align  the  rules  for  TV  and  aural  BAS  with  the  rules  for  Part  101.  Thus,  similar  stations  will  be  treated  in  a  consistent  manner. 
 134.  With  regard  to  the  concerns  of  MSTV/  NAB,  SBE,  and  MRC,  we  note  that  changes  in  emissions,  such  as  a  conversion  from  analog  to  digital  modulation  or  to  composite  analog/  digital 
 modulation,  are  already  classified  as  major  changes  under  the  rules  in  Sections  1.929(  c)(  4)(  ii)  and  (d)(  1)(  iv),  271  and  frequency  coordination  would  be  required  when  a  major  change  is  requested.  272  With 
 regard  to  location  changes  of  less  than  5  seconds  in  latitude  and/  or  longitude,  273  we  note  that  the  Commission  in  the  ULS  Reconsideration  Order  274  clarified  that  such  minor  changes  are  not  exempt  from 
 the  coordination  requirement.  The  Commission  explained  that  an  applicant  requesting  a  minor  change  must  still  coordinate  as  required  by  Section  101.103(  d)(  2)(  ix)  prior  to  implementing  the  change  and  that 
 this  process  is  sufficient  to  ensure  that  minor  changes  are  properly  coordinated  to  avoid  harmful  interference,  without  imposing  an  unnecessary  filing  burden  on  applicants.  275  We  find  that  this  procedure 
 will  work  equally  well  for  Part  74  services. 
 3.  Emission  Designators 
 135.  Section  74.462  of  the  Commissions  rules  specifies  authorized  emissions  for  Remote  Pickup  BAS  frequencies  and  frequency  bands.  276  In  the  Notice,  the  Commission  observed  that  this 

 section  contains  emission  designators  that  no  longer  conform  to  current  ITU  specifications  or  to  those  contained  in  Subpart  C  of  Part  2  of  the  Commissions  rules.  277  For  example,  F3Y,  which  was  the  original 
 emission  designator  for  digitized  voice  modulation,  is  specified  for  most  of  the  Remote  Pickup  BAS  frequency  bands.  This  emission  designator  should  now  be  updated  to  F1E  (frequency  modulated 
 single-  channel  digital  telephony)  or  G1E  (phase  modulated  single-  channel  digital  telephony)  emission.  Accordingly,  in  the  Notice  the  Commission  proposed  to  update  Section  74.462  to  replace  all  outdated 
 emission  designators  with  emission  designators  that  conform  to  ITU  specifications  and  Part  2  rules.  278 
 136.  SBE  and  MSTV/  NAB  both  support  the  proposal  set  forth  in  the  Notice  to  update  emission  designators  to  conform  to  ITU  specifications  and  Part  2  rules. 

 271  47  C.  F.  R.    1.929. 
 272  47  C.  F.  R.    101.103(  d)(  1). 
 273  A  change  of  5  seconds  in  latitude  corresponds  to  a  distance  of  approximately  150  meters  (500  feet). 
 274  Biennial  Regulatory  Review    Amendment  of  Parts  0,  1,  13,  22,  24,  26,  27,  80,  87,  90,  95,  97,  and  101  of  the 
 Commissions  Rules  to  Facilitate  the  Development  and  Use  of  the  Universal  Licensing  System  in  the  Wireless  Telecommunications  Services,  Memorandum  Opinion  and  Order  on  Reconsideration,  WT  Docket  No.  98-  20,  14 

 FCC  Rcd  11476  (1999)  (ULS  Reconsideration  Order). 
 275  ULS  Reconsideration  Order  at    15-  16;  47  C.  F.  R.    101.103. 

 276  47  C.  F.  R.    74.462.  Footnote  4  of  this  rule  section  states  that  the  emission  designators  will  be  modified  after 
 necessary  modifications  are  made  to  BAS  application  processing  programs  are  completed. 
 277  See  ITU  Radio  Regulations,  Appendix  1,  Classification  of  Emissions  and  Necessary  Bandwidths;  47  C.  F.  R.   
 2.201. 
 278  Notice  at    81. 
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 137.  Discussion:  This  proposal  was  supported  by  SBE  and  MSTV/  NAB  and  was  not  opposed  by  any  commenter.  279  Thus,  we  are  adopting  our  proposal  and  updating  the  emission  designators  of 
 Section  74.462.  280 
 D.  Additional  BAS  Issues 
 138.  In  addition  to  our  proposals,  several  commenters  request  that  the  Commission  address  additional  issues.  These  include  narrowband  channel  plans  for  digital  BAS  operations,  281  reallocation  of 

 the  1.7  GHz  band  for  public  safety;  282  eligibility  and  permissibility  of  wireless  microphones  for  game  communications;  283  codification  of  co-  equal  status  of  BAS  and  public  safety  licensees  at  2450-  2483.5 
 MHz;  284  addition  of  special  conditions  for  experimental  authorizations  on  broadcast  or  BAS  frequencies;  285  and  elimination  of  priority  of  use  exemptions  for  Remote  Pickup  BAS  I  and  R  channels.  286 
 These  issues  were  not  raised  in  the  Notice  and  thus  lack  adequate  notice  to  all  potentially  affected  parties.  We  therefore  decline  to  address  them  here.  287 

 279  SBE  Comments  at  19;  MSTV/  NAB  Comments  at  12. 
 280  The  updated  list  of  emission  designators  in  Section  74.462(  b)  have  been  expanded  from  those  proposed  to 
 include  non-  voice  digital  traffic.  Their  omission  in  the  Notice,  was  an  oversight  as  telegraphy,  telemetry,  and  data  are  currently  permitted. 

 281  Comsearch  Comments  at  2;  MRC  Comments  at  9;  TIA  Reply  Comments  at  2. 
 282  See  MRC  Comments  at  10. 
 283  See  SBE  Comments  at  22-  24. 
 284  See  SBE  Comments  at  24. 
 285  See  SBE  Comments  at  26-  27. 
 286  See  SBE  Comments  at  27.  Priority  of  use  in  Section  74.403(  b)  provides  a  ranking  of  Remote  Pickup  BAS 
 transmissions  to  be  observed  when  more  than  one  licensee  attempts  to  use  the  same  frequency  in  the  same  area.  47  C.  F.  R.    74.403.  The  priorities,  from  highest  to  lowest,  are:  1)  emergency  communications,  2)  program  material  for 

 broadcast,  3)  cues  and  orders  necessary  to  a  broadcast,  4)  operational  communications,  and  5)  tests  or  drills.  Currently  certain  channels  are  exempted  from  the  priority  of  use  rules.  SBE  suggests  that  we  amend  the  rules  for  a 
 subset  (I-  and  R-  channels)  of  the  currently  exempted  channels  so  that  they  are  subject  to  the  priority  of  use  rules.  The  I-  channels  are  20  kHz  channels  on  26.07  MHz,  26.11  MHz,  and  26.45  MHz.  The  R-  channels  are  25  kHz 
 channels,  stackable  to  50  kHz,  in  the  450.625-  450.875  MHz  and  455.625-  455.875  MHz  bands.  We  did  not  propose  to  change  this  rule  and  no  party  resonded  to  SBE's  suggestion.  Without  sufficient  comment,  we  are  concerned  that 
 interested  parties  have  not  had  sufficient  notice  to  comment  on  this  issue,  and  that  a  change  to  these  channels  could  disrupt  a  licensee's  operations. 

 287  Commenters  may  always  file  a  petition  for  rulemaking  to  the  Commission  regarding  their  specific  concerns.  In 
 many  cases,  there  is  an  on-  going  Commission  proceeding  where  these  concerns  can  be  addressed.  For  example,  in  ET  Docket  No.  00-  258,  the  Commission  recently  reallocated  the  1.7  GHz  band  for  Advanced  Wireless  Services. 

 See,  Amendment  of  Part  2  of  the  Commissions  Rules  to  Allocate  Spectrum  Below  3  GHz  for  Mobile  and  Fixed  Services  to  Support  the  Introduction  of  New  Advanced  Wireless  Services,  including  Third  Generation  Wireless 
 Systems,  ET  Docket  No.  00-  258,  Second  Report  and  Order,  FCC  02-  304  (adopted  November  7,  2002).  In  addition,  we  note  that  the  Commission  has  recently  clarified  that  public  safety  and  BAS  share  the  2450-  2483.5  MHz 
 band  on  a  co-  equal  basis  and  therefore  current  rules  are  sufficient.  See  County  of  Los  Angeles,  City  of  Los  Angeles,  City  of  Long  Beach,  and  City  of  Burbank,  California,  Request  for  Declaratory  Ruling  Regarding  Use  of 
 (continued.) 
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 E.  AMPTP  Petition 
 139.  Video  assist  devices  produce  low  resolution  images  that  can  be  used  by  a  production  crew  to  make  decisions  with  respect  to  content,  lighting,  and  image  framing.  288  Often,  these  video  assist 

 devices  are  connected  via  cable.  However,  cable  is  not  always  practical  due  to  the  distance  from  the  camera  to  the  video  monitor  or  because  the  camera  needs  to  be  mobile  to  follow  the  action.  289  Also,  when 
 cables  are  used,  a  staff  person  must  tend  to  them  to  ensure  the  safety  of  the  actors  and  the  crew.  290  To  improve  their  utility  and  increase  safety,  the  Commission,  based  on  a  petition  filed  by  AMPTP,  291 
 proposed  to  allow  the  use  of  wireless  assist  video  devices  (WAVDs)  on  a  secondary,  non-  interference  basis  on  unused  TV  channels  in  the  upper  VHF  and  the  UHF  bands. 

 1.  Authorization  of  WAVDs 
 140.  The  Notice  proposed  that  WAVDs  be  authorized  as  low  power  auxiliary  stations  on  a  non-  interference  basis  to  any  existing  or  future  allocated  services  operating  in  accordance  with  the  Table 

 of  Allocations  in  Part  2  of  our  rules.  292  Further,  the  Notice  proposed  that  WAVD  users  be  responsible  for  correcting  any  instance  of  harmful  interference  using  any  means  necessary,  up  to  and  including  shutting 
 down  the  transmitter.  Consistent  with  the  treatment  of  wireless  microphones  in  this  spectrum,  the  Notice  did  not  propose  to  change  the  existing  broadcasting  service  allocation.  293 

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

 (Continued  from  previous  page)  the  2450-  2483.5  MHz  Band  for  Airborne  Video  Public  Safety  Communications,  Order,  16  FCC  Rcd  2227  (2001)  at 
   4-  5. 
 288  See  AMPTP  Petition  at  2-  3. 

 289  Id.  at  3. 
 290  Id. 
 291  AMPTP  Petition,  RM-  9856,  filed  November  15,  1999. 
 292  47  C.  F.  R.    2.106. 
 293  Notice  at    94.  The  470-  512  MHz  band  is  also  allocated  to  land  mobile  radio  services. 
 294  SBE  Comments  at  19.  47  C.  F.  R.    74.403(  b)  establishes  a  priority  for  remote  pickup  transmissions:  (1) 
 Communications  during  an  emergency  or  pending  emergency  directly  related  to  the  safety  of  life  and  property;  (2)  Program  material  to  be  broadcast;  (3)  Cues,  orders,  and  other  related  communications  immediately  necessary  to  the 

 accomplishment  of  a  broadcast;  (4)  Operational  communications;  and  (5)  Tests  or  drills  to  check  the  performance  of  stand-  by  or  emergency  circuits. 
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 marketplace  could  be  hindered  295 
 142.  Discussion.  For  the  reasons  stated  in  the  Notice  and  based  on  the  comments,  we  are  adopting  our  proposal  to  allow  the  use  of  WAVDs  on  a  secondary,  non-  interference  basis  on  vacant  upper 

 VHF-  TV  and  UHF-  TV  channels.  Specific  details  regarding  the  operation  of  these  devices  are  discussed  in  detail  below.  With  respect  to  SBEs  request  to  classify  WAVD  transmissions  as  operational 
 communications,  we  note  that  those  rules  pertain  to  Remote  Pickup  BAS  stations.  In  the  Notice,  we  proposed  to  authorize  WAVDs  as  low  power  auxiliary  stations  under  Part  74,  Subpart  H.  We  continue  to 
 believe  that  this  is  the  appropriate  subpart  in  which  to  place  WAVDs  due  to  their  similarity  to  existing  low  power  auxiliary  devices,  rather  than  the  Remote  Pickup  BAS  rules.  If  after  gaining  experience  with 
 WAVDs,  we  determine  that  communications  on  television  channels  needs  to  be  prioritized,  we  can  revisit  this  issue. 

 2.  Eligibility,  Permitted  Use,  and  Licensing 
 143.  The  Notice  proposed  that  all  entities  eligible  to  hold  a  Part  74  license,  including  motion  picture  and  television  producers  as  defined  in  Section  74.801,  be  eligible  to  operate  WAVDs.  296  The 

 Notice  proposed  to  limit  WAVD  use  to  production  facilities  or  locations  used  to  produce  material  being  filmed  or  taped  for  later  showing  on  television  broadcast  stations.  Under  this  proposal,  WAVDs  could  not 
 be  used  for  ENG  operations  or  to  assist  with  the  production  of  live  events.  Additionally,  the  Notice  proposed  that  WAVDs  be  excluded  from  operating  under  the  short-  term  operation  rules  used  by  other  Part 
 74  licensees.  297  These  proposed  restrictions  are  intended  to  minimize  the  possibility  for  interference.  298 
 144.  The  Notice  also  proposed  that  WAVD  users  obtain  an  FCC  station  license  using  FCC  Form  601,  Main  Form  and  Schedule  H,  299  prior  to  operating.  We  proposed  that  the  license  term  for  a 

 WAVD  license  be  concurrent  with  the  normal  licensing  period  for  TV  broadcast  stations  located  in  the  same  area  of  operation.  This  is  consistent  with  the  licensing  term  for  other  BAS  stations.  300  The  Notice 
 further  proposed  that  a  WAVD  licensee  not  be  geographically  limited,  but  be  subject  only  to  channel  separation  and  notification  rules.  Additionally,  because  of  the  proposed  limited  eligibility  for  WAVDs  and 
 the  nature  of  their  use,  the  Notice  proposed  that  WAVD  licenses  be  non-  assignable  and  non-  transferable.  301 
 145.  AMPTP  agrees  with  the  proposal  to  restrict  WAVD  use  from  ENG  and  the  production  of  live  events.  302  It  also  agrees  with  the  restriction  on  assignment  and  transfer  of  WAVD  licenses.  303 

 295  Id.  at  6-  7. 
 296  47  C.  F.  R.    74.801.  These  definitions  refer  to  persons  or  organizations  engaged  in  the  production  of  motion 
 pictures  or  television  programs. 
 297  The  short-  term  operation  rule  allows  eligible  entities  to  operate  using  BAS  frequencies  for  up  to  720  hours  per 
 year  without  an  authorization  from  the  Commission.  See  47  C.  F.  R.    74.24. 
 298  Notice  at    95. 

 299  FCC  Form  601,  Schedule  H  is  used  to  provide  technical  data  for  certain  BAS  stations,  including  remote  pickup 
 stations  and  wireless  microphones. 
 300  47  C.  F.  R.    74.15. 

 301  Notice  at    90-  91. 
 302  AMPTP  Comments  at  4. 
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 However,  it  requests  that  WAVD  use  be  expanded  to  allow  the  use  of  WAVDs  in  the  production  of  cable,  satellite,  and  motion  picture  events.  304  Further,  AMPTP  anticipating  that  independent  contractors  may 
 desire  to  operate  WAVDs  and  rent  them  to  production  studios,  asks  that  the  Commission  specifically  permit  third  party  rental.  It  states  that  such  rentals  could  be  restricted,  if  needed,  to  only  those  directly 
 involved  in  authorized  television  and  motion  picture  programming  to  avert  unauthorized  or  frivolous  use.  305 

 146.  SBE  expresses  caution  regarding  third  party  contractors.  SBE  urges  that  the  FCC  not  allow  WAVD  licenses  to  be  assignable  to  independent  contractors.  It  states  that  the  necessary 
 responsibility  and  accountability  borne  by  a  WAVD  licensee  would  be  diluted  if  third-  party  contractors  were  allowed  to  operate  WAVDs  under  the  license  obtained  by  a  production  studio.  Instead,  SBE 
 recommends  that  an  independent  contractor  obtain  its  own  license  for  a  WAVD  to  ensure  proper  WAVD  use.  306  AMPTP,  in  reply  comments  states  that  licensees  can  be  held  accountable  for  full  compliance  with 
 the  Commissions  rules  by  end  users  and  that  third  party  rental  should  be  allowed.  307 
 147.  Discussion.  We  are  adopting  our  proposal  to  permit  all  entities  eligible  to  hold  Part  74  licenses  to  use  WAVDs.  As  stated  above,  this  includes  television  and  motion  picture  producers.  We  are 

 also  adopting  our  proposal  to  restrict  the  use  of  WAVDs  from  use  at  live  events  or  for  ENG  operations.  We  clarify  that  WAVDs  may  be  used  to  produce  cable,  satellite,  and  motion  picture  events  for  later 
 showing  on  television  (through  free  over  the  air  TV,  cable  TV  systems,  and  satellite  TV  systems)  or  in  theaters,  but  may  not  be  used  in  the  production  of  live  events.  Similarly,  we  are  adopting  our  proposal  that 
 WAVDs  be  excluded  from  operating  under  the  short-  term  operation  rule.  This  will  ensure  that  WAVDs  are  properly  coordinated  and  television  stations,  notified,  to  ensure  that  the  potential  of  these  devices  to 
 interfere  with  television  broadcasts  is  minimized. 
 148.  We  are  also  adopting  our  proposal  to  require  that  WAVD  stations  be  licensed  prior  to  operating.  Such  licenses  will  be  obtained  through  the  ULS  using  FCC  Form  601.  In  addition,  consistent 

 with  our  licensing  of  other  low  power  auxiliary  devices,  WAVD  licenses  will  normally  be  issued  for  a  period  of  eight  years  and,  for  those  held  by  a  broadcast  station,  run  concurrently  with  the  license  term  of 
 that  station.  308  For  other  license  holders,  the  expiration  date  will  be  determined  by  the  area  of  the  country  in  which  the  station  operates.  309  These  proposals  were  unopposed  by  commenters. 

 149.  Finally,  we  address  the  request  of  AMPTP  to  allow  third  party  contractors  to  obtain  WAVD  licenses.  AMPTP  states  that  third  party  contractors  may  wish  to  operate  and/  or  rent  WAVDs  to 
 studios.  We  are  leery  about  expanding  the  eligibility  of  WAVDs  beyond  the  entities  already  discussed.  As  stated  in  the  Notice,  the  production  industry  and  the  broadcast  industry  rely  on  each  other    one  to  produce 

 (Continued  from  previous  page)  303  AMPTP  Reply  Comments  at  5. 
 304  AMPTP  Comments  at  4. 
 305  Id.  at  5. 
 306  SBE  Comments  at  21. 
 307  AMPTP  Reply  Comments  at  5-  6. 
 308  47  C.  F.  R.    74.15(  b). 
 309  47  C.  F.  R.    73.1020. 
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 content  and  the  other  to  distribute  content    and  have  a  vested  interest  to  operate  in  a  manner  that  is  mutually  agreeable.  310  Therefore,  we  will  not  expand  the  eligibility  for  WAVD  licenses  to  entities  beyond 
 those  proposed.  We  stress  that  this  does  not  preclude  the  operation  of  WAVDs  by  third  party  contractors.  A  party  under  contract  to  a  television  or  motion  picture  producer  may  rent  equipment  and  even  operate  it 
 for  the  producer.  However,  such  operation  would  be  under  the  authority  of  the  producers  license.  This  arrangement  is  consistent  with  rules  in  other  services  where  entities  are  able  to  operate  equipment  under 
 the  authority  of  another  entitys  license.  311  Based  on  our  experience,  we  believe  that  this  arrangement  best  promotes  accountability  and  compliance  with  our  rules. 

 3.  Authorized  Frequencies 
 150.  The  Notice  proposed  to  allow  WAVDs  to  operate  on  unused  television  broadcast  frequencies  in  the  180-  210  MHz  band  (corresponding  to  VHF-  TV  channels  8-  12)  and  the  470-  608  MHz 

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

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

 152.  Discussion.  As  an  initial  matter,  we  note  that  SBEs  comments  regarding  the  use  of  a  guard  band  in  the  700  MHz  band  for  low  power  auxiliary  devices  is  beyond  the  scope  of  this  proceeding 
 and  will  not  be  addressed  herein.  In  light  of  the  lack  of  comments  on  this  issue,  we  adopt  our  proposals  regarding  authorized  frequencies  as  proposed.  Accordingly,  WAVDs  may  operate  on  unused  television 
 broadcast  frequencies  in  the  180-  210  MHz,  470-  608  MHz  and  614-  698  MHz  bands.  As  proposed,  we  will  not  allow  WAVDs  to  operate  in  the  174-  180  MHz  and  210-  216  MHz  bands  (TV  channels  7  and  13), 
 in  order  to  protect  the  Low  Power  Radio  Service  (LPRS),  which  supports  auditory  assistance  devices  and  health  care  aids  that  operate  pursuant  to  Part  95  and  other  low  power  devices  operating  under  90.265  of 
 our  rules.  315  In  addition,  this  channel  restriction  will  protect  from  interference  the  Navys  SPASUR  radar 
 310  Notice  at    93. 

 311  See,  e.  g.,  47  C.  F.  R.    90.421.  This  rule  allows  mobile  stations  to  be  installed  in  vehicles  operated  by  persons 
 other  than  the  licensee.  The  licensee  is  responsible  for  taking  any  necessary  precaution  to  effectively  eliminate  the  possibility  of  unauthorized  operation  of  transmitters  when  not  under  the  control  of  the  licensee.  The  rule 

 specifically  allows  contractors  to  operate  mobile  units. 
 312  Notice  at    96-  99. 

 313  See,  e.  g.,  AMPTP  Reply  Comments  at  3. 
 314  SBE  Comments  at  20. 
 315  47  C.  F.  R.    90.265  and  Part  95,  Subpart  G. 
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 system,  which  operates  in  the  216.88-  217.08  MHz  band.  316  We  find  that  given  the  amount  of  spectrum  we  are  authorizing  for  WAVDs,  these  restrictions  will  have  minimal  impact  on  their  ability  to  identify 
 spectrum  on  which  to  operate. 
 153.  We  adopt  the  proposal  to  exclude  WAVDs  from  using  land  mobile  radio  channels  317  in  the  470-  512  MHz  band  (TV  channels  14-  20)  in  areas  around  the  coordinates  listed  in  Section  90.303 

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

 154.  The  frequencies  on  which  we  will  exclude  WAVD  use  are  summarized  in  the  table 
 316  The  SPASUR  radar  system  is  located  in  the  southern  United  States  and  consists  of  three  high  power  transmitters 
 and  six  receiver  locations.  These  operations  are  protected  indefinitely  for  non-  Government  FS  and  mobile  services  by  footnote  US229.  See  47  C.  F.  R.    2.106  Note  US229.  Additionally,  we  note  that  pursuant  to  the  Balanced 

 Budget  Act  of  1997,  the  entire  216-  220  MHz  band  was  designated  by  NTIA  for  transfer  to  non-  Government  use  and  subject  to  licensing  by  competitive  bidding.  See  Pub.  L.  105-  33,  111  Stat.  251  (1997).  The  use  of  the 
 216-  220  MHz  band  is  being  examined  in  ET  Docket  No.  00-  221.  See  In  the  Matter  of  Reallocation  of  the  216-  220  MHz,  1390-  1395  MHz,  1427-  1429  MHz,  1429-  1432  MHz,  1432-  1435  MHz,  1670-  1675  MHz,  and 
 2385-  2390  MHz  Government  Transfer  Bands,  ET  Docket  No.  00-  221,  Notice  of  Proposed  Rule  Making,  rel.  Nov.  20,  2000. 

 317  47  C.  F.  R.  Part  90,  Subpart  L.  See  also,  47  C.  F.  R.    22.591,  22.621,  22.651,  and  22.1007. 
 318  We  address  the  separation  requirements  below. 
 319  All  channel  assignments  in  the  470-  512  MHz  band  are  made  out  of  a  general  access  pool.  See  47  C.  F.  R.   
 90.303. 
 320  47  C.  F.  R.    90.303. 

 321  See  In  the  Matter  of  Waiver  of  Parts  2  and  90  of  the  Commission's  Rules  to  Permit  New  York  Metropolitan  Area 
 Public  Safety  Agencies  to  Use  Frequencies  at  482-  488  MHz  on  a  Conditional  Basis,  Order,  10  FCC  Rcd  4466  (1995). 

 322  47  C.  F.  R.    90.315. 
 323  47  C.  F.  R.  Part  22,  Subpart  I. 
 324  47  C.  F.  R.    2.106,  footnotes  NG127  and  22.603. 
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 below.  We  reiterate  that  these  exclusions  will  not  prevent  WAVDs  from  operating  on  channels  listed  in  the  table  when  WAVDs  are  a  sufficient  distance  from  the  cities  listed  below. 
 Area  Excluded  Frequencies  (MHz)  Excluded  Channels 
 Boston,  MA  .......................................................  470-  494  14-  17  Chicago,  IL........................................................  470-  488  14-  16 

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

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

 4.  Technical  and  Operational  Requirements 
 156.  The  Notice  proposed  conservative  technical  and  operational  requirements  to  allow  WAVDs  to  operate  without  harming  other  operations.  Specifically,  the  Notice  proposed:  (1)  to  limit  the 

 ERP  of  WAVDs  to  250  milliwatts  (mW);  (2)  to  require  that  the  transmitting  devices  use  a  permanently  attached  antenna;  (3)  to  allow  WAVDs  bandwidths  of  up  to  6  megahertz,  limited  to  transmitting  on  a 

 325  47  C.  F.  R.    2.106,  Note  US246. 
 326  See  Amendment  of  Parts  2  and  95  of  the  Commissions  Rules  to  Create  a  Wireless  Medical  Telemetry  Service, 
 ET  Docket  No.  99-  255,  Report  and  Order,  15  FCC  Rcd  11206  (2000). 
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 single  TV  channel  (i.  e.,  WAVD  transmissions  may  not  overlap  the  TV  channel  edge);  (4)  to  use  the  same  emission  limitations  being  proposed  for  other  TV  BAS  transmitters  in  this  proceeding;  (5)  to  authorize 
 WAVD  transmitters  under  the  certification  procedures  of  Part  2  of  our  rules;  (6)  to  require  WAVDs  to  maintain  a  129  km  separation  distance  from  TV  broadcasting  stations  operating  on  the  same  frequency 
 and  a  200  km  separation  distance  from  cities  where  land  mobile  operations  are  authorized;  327  (7)  to  require  WAVD  operators  to  achieve  prior  notification,  rather  than  coordination,  with  the  local  broadcast 
 coordinator  or  any  adjacent  channel  TV  station  within  161  km  of  each  intended  WAVD  operation  at  least  10  business  days  in  advance  of  operation;  328  (8)  that  WAVD  licensees  be  subject  to  the  station 
 identification  requirements  of  Section  74.882;  and  (9)  that  manufacturers  include  certain  information  in  the  product  literature  that  is  included  with  WAVDs  to  indicate  the  requirements  for  using  these  devices.  329 

 157.  AMPTP  endorses  all  of  the  proposed  technical  and  operational  requirements  proposed  with  the  exception  of  the  requirement  that  WAVDs  use  a  permanently  attached  antenna.  They  contend 
 that  such  antennas  are  fragile  and  suffer  frequent  damage.  AMPTP  therefore  recommends  that  WAVD  antennas  be  removable  to  facilitate  repair  and  maintenance,  as  is  the  case  with  land  mobile  radios.  330  SBE 
 disagrees  with  AMPTP  and  maintains  that  permanently  attached  antennas  can  be  manufactured  sufficiently  robust  to  withstand  day-  to-  day  use.  SBE  asserts  that  this  requirement  is  an  important 
 safeguard  against  uninformed  parties  using  external,  high  gain  antennas  to  illegally  boost  the  WAVD  EIRP.  331  AMPTP  argues  that  potential  problems  from  detachable  antenna  usage  should  be  addressed  and 
 solved  through  the  notification  and  response  procedures  with  the  frequency  coordinator.  332 
 158.  MSTV/  NAB  requests  that  WAVDs  be  required  to  conduct  full  frequency  coordination  through  the  local  frequency  coordinator,  rather  than  a  notification  10  days  in  advance  of  operation.  They 

 also  oppose  the  proposal  to  allow  a  non-  response  from  a  local  frequency  coordinator  to  be  considered  approval  for  WAVD  operations  because  they  contend  that  a  WAVD  operator  could  simply  leave  a 
 message  with  a  coordinator  and  go  forward  with  operations  without  any  knowledge  of  the  impact  those  operations  would  cause  to  low  power  BAS  operations.  333  AMPTP  opposes  full  frequency  coordination. 
 AMPTP  argues  that  because  WAVDs  will  operate  with  low  EIRP  over  a  limited  range  on  a  non-interference  basis,  10  days  is  ample  time  to  address  any  concerns  that  existing  operators  may  have. 
 Further,  AMPTP  states  that  the  provision  allowing  WAVDs  to  operate  in  the  absence  of  a  coordinator  response  protects  their  use  if  a  coordinator  misplaces  or  accidentally  discards  a  response.  Also,  they  state 

 327  In  addition,  we  proposed  that  WAVDs  maintain  a  52  km  separation  from  the  Gulf  of  Mexico  in  the  476-  494 
 MHz  band  and  from  Hawaii  in  the  488-  494  MHz  band.  See  Notice  at    105. 
 328  We  proposed  that  such  notifications  include:  the  proposed  frequency  or  frequencies,  location,  maximum  antenna 
 height,  type  of  emission,  effective  radiated  power,  intended  dates  of  operation,  and  licensee  contact  information.  In  addition,  we  stated  that  the  coordinators  recommendation  regarding  the  operation  of  a  particular  WAVD  must  be 

 followed  by  the  WAVD  licensee.  Licensees  could  appeal  to  the  Commission  if  they  disagree  with  a  coordinators  recommendation,  but  would  bear  the  burden  of  proof  in  overturning  the  recommendation. 

 329  Notice  at    100-  109. 
 330  Id.  at  5-  6. 
 331  SBE  Comments  at  21. 
 332  AMPTP  Reply  Comments  at  5. 
 333  MSTV/  NAB  Comments  at  13. 
60
 Federal  Communications  Commission  FCC  02-  298 
 61 
 that  the  operating  efficiency  of  producers  must  be  considered  as  well  as  potential  interference.  334 
 159.  Discussion.  The  various  technical  and  operational  requirement  proposals  for  WAVDs  set  forth  in  the  Notice  were  designed  to  protect  other  users  of  the  TV  bands  without  unnecessarily  hindering 

 WAVD  operations.  Most  of  these  were  unopposed,  and  we  will  adopt  them  as  proposed.  Specifically,  we  adopt  the  ERP  limit  of  250  mW,  the  bandwidth  limit  of  6  megahertz  on  a  single  TV  channel,  the 
 requirement  to  meet  the  same  emissions  limitations  as  other  Part  74  transmitters,  Part  2  certification  procedures  for  WAVD  transmitters,  335  the  proposed  separation  distances  from  TV  and  land  mobile 
 stations,  336  the  requirement  that  WAVD  licensees  follow  the  station  identification  requirements  of  Section  74.882;  and  the  requirement  that  manufacturers  include  certain  information  in  their  product  literature. 

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

 161.  After  considering  the  comments  of  MSTV/  NAB,  we  continue  to  believe  that  notification  is  more  appropriate  than  full  coordination  for  WAVDs.  We  take  this  position  based  on  the  low  ERP, 
 limited  range,  and  non-  interference  status  of  WAVDs.  In  addition,  because  WAVDs  may  be  used  at  multiple  locations  in  support  of  a  production,  notification  will  be  less  burdensome  than  coordination  for 
 both  the  WAVD  licensee  and  the  coordinator  while  still  providing  adequate  protection  to  broadcast  transmissions.  In  this  connection,  will  adopt  our  proposal  to  consider  the  absence  of  a  response  from  a 
 coordinator  after  ten  business  days  have  passed  as  an  approval.  Once  the  WAVD  operator  has  made  reasonable  attempts  to  notify  the  BAS  coordinator  or  appropriate  TV  stations,  we  find  that  failure  of  these 
 entities  to  respond  to  the  WAVD  operator  approval  is  an  insufficient  basis  to  delay  use  of  WAVDs.  We  find  that  this  approach  strikes  a  reasonable  balance  between  the  requirements  of  producers  and  the  needs 
 of  the  coordinator  to  study  notifications  and  respond  to  operators  as  necessary.  In  response  to  MSTV/  NABs  concerns,  however,  we  will  require  WAVD  licensees  to  notify,  for  informational  purposes 
 only,  nearby  co-  channel  and  adjacent  channel  TV  stations  (i.  e.,  those  stations  within  161  km  of  the 
 334  AMPTP  Reply  Comments  at  4-  5. 
 335  We  note  that  no  commenter  responded  to  our  question  regarding  whether  the  declaration  of  conformity 
 procedures  would  be  more  appropriate  for  WAVDs  than  the  certification  procedures. 
 336  We  will  condition  licenses  to  require  licensees  to  comply  with  the  frequency  and  distance  limitations  set  forth  in 
 new  Section  74.870(  c),  and  with  the  notification  procedures  set  forth  in  new  Section  74.870(  g),  for  each  operation.  In  addition,  we  note  that,  given  the  low  250  mW  ERP  and  secondary  status  of  WAVD  operations,  international 

 frequency  coordination  is  not  required  for  operations  close  to  Canadian  or  Mexican  borders.  However,  such  operations  are  secondary  to  primary  Canadian  or  Mexican  systems  as  they  are  to  primary  domestic  systems,  and 
 they  must  not  cause  harmful  interference  to,  and  must  accept  interference  from,  primary  Canadian  and  Mexican  systems. 

 337  See  47  C.  F.  R.  15.203. 
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 Federal  Communications  Commission  FCC  02-  298 
 62 
 WAVD  location).  338  As  stated,  this  will  be  informational  only  and  television  stations  will  not  be  able  to  prevent  a  WAVD  from  operating.  However,  this  informational  notification  may  help  identify  the  source 
 of  interference  if  any  is  experienced  after  a  WAVD  begins  operating.  We  adopt  all  other  aspects  of  the  notification  proposal  as  proposed. 

 IV.  CONCLUSION 
 162.  In  making  the  rule  amendments  adopted  herein,  we  are  updating  the  Broadcast  Auxiliary  Service  rules  in  Part  74  and  permitting  increased  compatibility  between  Broadcast  Auxiliary  Services,  the 

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

 V.  PROCEDURAL  MATTERS 
 163.  Final  Regulatory  Flexibility  Analysis.  The  Final  Regulatory  Flexibility  Analysis,  required  by  Section  603  of  the  Regulatory  Flexibility  Act,  as  amended  by  the  Contract  with  America 

 Advancement  Act  of  1996,  Pub.  L.  No.  104-  121,  110  Stat.  847  (1996),  is  contained  in  Appendix  B. 
 164.  Paperwork  Reduction  Act  Analysis.  This  Report  and  Order  contains  modified  information  collection(  s)  subject  to  the  PRA  of  1995,  Public  Law  104-  13. 

 VI.  ORDERING  CLAUSES 
 165.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Sections  1,  4(  i),  302,  303(  f)  and  (r),  332,  and  337  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    1,  4(  i),  154(  i),  302,  303(  f) 

 and  (r),  332,  337,  this  Report  and  Order  and  the  rules  specified  in  Appendix  A  ARE  ADOPTED. 
 166.  IT  IS  FURTHER  ORDERED  that  the  rules  specified  in  Appendix  A,  except  for  those  specified  below,  will  become  effective  30  days  after  their  publication  in  the  Federal  Register. 

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

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

 FEDERAL  COMMUNICATIONS  COMMISSION 

 338  Under  the  rules  adopted  herein,  WAVDs  must  be  separated  from  co-  channel  TV  operations  by  at  least  129  km. 
62
 Federal  Communications  Commission  FCC  02-  298 
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 Marlene  H.  Dortch  Secretary 
63
 Federal  Communications  Commission  FCC  02-  298 
 64 
 APPENDIX  A:  FINAL  RULES 
 Parts  1,  2,  73,  74,  78  and  101  of  Chapter  I  of  Title  47  of  the  Code  of  Federal  Regulations  are  amended  as  follows: 

 PART  1    PRACTICE  AND  PROCEDURE 
 1.  The  authority  citation  for  Part  1  continues  to  read  as  follows: 
 AUTHORITY:  47  U.  S.  C.  151,  154,  207,  303,  and  309(  j). 
 2.  Section  1.901  is  revised  to  read  as  follows: 
   1.901  Basis  and  purpose. 
 These  rules  are  issued  pursuant  to  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C  151  et  seq.  The  purpose  of  these  rules  is  to  establish  the  requirements  and  conditions  under  which  entities  may 

 be  licensed  in  the  Wireless  Radio  Services  as  described  in  this  part  and  in  parts  13,  20,  22,  24,  26,  27,  74,  80,  87,  90,  95,  97  and  101  of  this  chapter. 

 3.  Section  1.902  is  revised  to  read  as  follows: 
   1.902  Scope. 
 In  case  of  any  conflict  between  the  rules  set  forth  in  this  subpart  and  the  rules  set  forth  in  Parts  13,  20,  22,  24,  26,  27,  74,  80,  87,  90,  95,  97,  and  101  of  Title  47,  Chapter  I  of  the  Code  of  Federal 

 Regulations,  the  rules  in  Part  1  shall  govern. 
 4.  Section  1.929  is  amended  by  revising  the  introductory  text  of  paragraphs  (c)(  4)  and  (d)  to  read  as  follows: 

   1.929  Classification  of  filings  as  major  or  minor. 
 *  *  *  *  * 
 (c)  *  *  * 
 (4)  In  the  Private  Land  Mobile  Radio  Services  (PLMRS),  the  remote  pickup  broadcast  auxiliary  service,  and  GMRS  systems  licensed  to  non-  individuals: 

 *  *  *  *  * 
 (d)  In  the  microwave,  aural  broadcast  auxiliary,  and  television  broadcast  auxiliary  services: 
 *  *  *  *  * 
64
 Federal  Communications  Commission  FCC  02-  298 
 65 
 PART  2    FREQUENCY  ALLOCATIONS  AND  RADIO  TREATY  MATTERS;  GENERAL  RULES  AND  REGULATIONS 
 5.  The  authority  citation  for  Part  2  continues  to  read  as  follows: 
 AUTHORITY:  47  U.  S.  C.  154,  302a,  303,  and  336,  unless  otherwise  noted. 
 6.  Section  2.106,  the  Table  of  Frequency  Allocations,  is  amended  as  follows: 
 (a)  Revise  pages  25,  26,  37,  38,  and  76. 
 (b)  In  the  list  of  United  States  Footnotes,  revise  footnote  US11  and  delete  footnote  US291. 
 (c)  In  the  list  of  Non-  Federal  Government  Footnotes,  revise  footnotes  NG53  and  NG115  and  add  footnote  NG175. 

 The  revisions  read  as  follows: 
   2.106  Table  of  Frequency  Allocations. 
 *  *  *  *  * 
65
 66 
 50-  123.5875 

 (VHF) 

 Page 
 25 

 International 
 Table 

 United 
 States 
 Table 

 Region 
 1 

 Region 
 2 

 Region 
 3 

 Federal 
 Government 

 Non-  Federal 
 Government 

 FCC 
 Rule 
 Part(  s) 

 50-  54  AMATEUR  5.162A 
 5.166 
 5.167 
 5.168 
 5.170 

 50-  54  AMATEUR 
 Amateur 
 (97) 

 54-  72  BROADCASTING 

 See 
 previous 

 page 
 for 

 47-  68 
 MHz 

 54-  68  BROADCASTING  Fixed  Mobile  5.172 

 54-  68  FIXED  MOBILE  BROADCASTING  5.162A 

 68-  74.8  FIXED  MOBILE 
 except 
 aeronautical 

 mobile 

 68-  72  BROADCASTING  Fixed  Mobile  5.173 
 68-  74.8  FIXED  MOBILE 

 NG115 
 NG128 
 NG149 

 Broadcast 
 Radio 
 (TV) 

 (73)  Auxiliary 
 Broadcasting  (74) 

 72-  73  FIXED  MOBILE 
 50-  73 
 72-  73  FIXED  MOBILE  NG3 
 NG49 

 NG56 

 Public 
 Mobile 

 (22) 

 Private 
 Land 
 Mobile 

 (90) 

 Personal 
 Radio 
 (95) 

 73-  74.6  RADIO 
 ASTRONOMY  5.178 

 73-  74.6  RADIO 
 ASTRONOMY 

 US74 

 5.149 
 5.174 
 5.175 
 5.177 

 5.179 

 74.6-  74.8  FIXED  MOBILE 
 5.149 
 5.176 
 5.179 

 74.6-  74.8  FIXED  MOBILE  US273 

 Private 
 Land 
 Mobile 

 (90) 

 74.8-  75.2  AERONAUTICAL 
 RADIONAVIGATION  5.180  5.181 

 74.8-  75.2  AERONAUTICAL 
 RADIONAVIGATION  5.180 

 Aviation 
 (87) 

 75.2-  87.5  FIXED  MOBILE 
 except 
 aeronautical 

 mobile 

 75.2-  75.4  FIXED  MOBILE  5.179 

 75.2-  75.4  FIXED  MOBILE  US273 
 Private 
 Land 
 Mobile 

 (90) 
66
 67 
 75.4-  76  FIXED  MOBILE 
 75.4-  87  FIXED  MOBILE 

 75.4-  76  FIXED  MOBILE  NG3 
 NG49 

 NG56 

 Public 
 Mobile 

 (22) 

 Private 
 Land 
 Mobile 

 (90) 

 Personal 
 Radio 
 (95) 

 5.182 
 5.183 
 5.188 

 5.175 
 5.179 
 5.184 
 5.187 

 76-  88  BROADCASTING  Fixed  Mobile 

 76-  88  BROADCASTING 

 87.5-  100  BROADCASTING 
 5.185 

 75.4-  88 
 NG115 
 NG128 
 NG129 

 NG149 

 Broadcast 
 Radio 
 (TV) 

 (73)  Auxiliary 
 Broadcasting  (74) 

 5.190 
 88-  100  BROADCASTING 
 87-  100  FIXED  MOBILE  BROADCASTING 
 88-  108 

 88-  108  BROADCASTING 

 100-  108  BROADCASTING  5.192 
 5.194 

 US93 
 US93 
 NG2 
 NG128 

 NG129 

 Broadcast 
 Radio 
 (FM) 

 (73)  Auxiliary 
 Broadcasting  (74) 

 108-  117.975  AERONAUTICAL 
 RADIONAVIGATION  5.197 

 108-  117.975  AERONAUTICAL 
 RADIONAVIGATION  US93 

 Note: 
 The 
 NTIA 

 Manual 

 (footnote 
 G126) 
 states 

 that 
 differential 

 GPS 

 stations 
 may 
 be 

 authorized 
 in 
 the 

 108-  117.975 
 MHz 
 band, 

 but 
 the 
 FCC 

 has 
 not 
 yet 

 addressed 
 this 
 footnote. 

 117.975-  121.9375  AERONAUTICAL 
 MOBILE 
 (R) 

 5.111 
 5.199 
 5.200 
 591 
 US26 

 US28 

 121.9375-  123.0875  591  US30 
 US31 
 US33 
 US80 

 US102 
 US213 

 121.9375-  123.0875  AERONAUTICAL 
 MOBILE 
 591 
 US30 

 US31 
 US33 

 US80 
 US102 

 US213 

 117.975-  137  AERONAUTICAL 
 MOBILE 
 (R) 

 123.0875-  123.5875  AERONAUTICAL 
 MOBILE 
 5.200 
 591 
 US32 

 US33 
 US112 

 Aviation 
 (87) 

 5.111 
 5.198 
 5.199 
 5.200 
 5.201 
 5.202 
 5.203 
 5.203A 

 5.203B 

 See 
 next 
 page 

 for 
 123.5875-  137 

 MHz 

 See 
 next 
 page 

 for 

 123.5875-  137 
 MHz  Page 
 26 
67
 68 
 470-  849 

 MHz 
 (UHF) 

 Page 
 37 

 International 
 Table 

 United 
 States 
 Table 

 Region 
 1 

 Region 
 2 

 Region 
 3 

 Federal 
 Government 

 Non-  Federal 
 Government 

 FCC 
 Rule 
 Part(  s) 

 470-  512  BROADCASTING  Fixed  Mobile  5.292 
 5.293 

 470-  585  FIXED  MOBILE  BROADCASTING 

 470-  512  BROADCASTING 
 NG128 
 NG149  FIXED  NG127  LAND  MOBILE 
 NG66 
 NG114  NG115 

 Public 
 Mobile 

 (22) 

 Broadcast 
 Radio 
 (TV) 

 (73)  Auxiliary 
 Broadcasting  (74)  Private  Land  Mobile  (90) 

 512-  608  BROADCASTING 
 5.291 
 5.298 

 5.297 
 585-  610  FIXED  MOBILE  BROADCASTING  RADIONAVIGATION 
 470-  608 
 512-  608  BROADCASTING 
 NG128 
 NG149  NG115 

 Broadcast 
 Radio 
 (TV) 

 (73)  Auxiliary 
 Broadcasting  (74) 

 5.149 
 5.305 
 5.306 
 5.307 

 608-  614  RADIO 
 ASTRONOMY 

 US74 

 LAND 
 MOBILE 

 US350 

 608-  614  RADIO 
 ASTRONOMY  Mobile-  satellite  except  aeronautical  mobile-  satellite  (Earth-  to-  space) 

 US246 

 Personal 
 (95) 

 614-  698  BROADCASTING 
 NG128 
 NG149  NG115 

 Broadcast 
 Radio 
 (TV) 

 (73)  Auxiliary 
 Broadcasting  (74) 

 470-  790  BROADCASTING 
 614-  806  BROADCASTING  Fixed  Mobile 
 610-  890  FIXED  MOBILE 
 5.317A  BROADCASTING 

 614-  890 

 698-  746  BROADCASTING 
 NG128 
 FIXED  MOBILE  NG115 
 NG159 

 Wireless  Communications 
 (27) 
 Broadcast 
 Radio 
 (TV) 

 (73)  Auxiliary 
 Broadcasting  (74) 
68
 69 
 746-  764  BROADCASTING 
 NG128 
 FIXED  MOBILE  NG115 
 NG159 

 Wireless  Communications 
 (27) 
 Broadcast 
 Radio 
 (TV) 

 (73)  Auxiliary 
 Broadcast. 

 (74) 

 Private 
 Land 
 Mobile 

 (90) 

 764-  776  FIXED  MOBILE  NG115 
 NG128 
 NG158 

 NG159 

 Auxiliary 
 Broadcasting  (74)  Private  Land  Mobile  (90) 

 5.149 
 5.291A 

 5.294 
 5.296 

 5.300 
 5.302 
 5.304 
 5.306 

 5.311 
 5.312 

 776-  794  BROADCASTING 
 NG128 
 FIXED  MOBILE 

 790-  862  FIXED  BROADCASTING 
 NG115 
 NG159 

 Wireless  Communications 
 (27) 
 Broadcast 
 Radio 
 (TV) 

 (73)  Auxiliary 
 Broadcast. 

 (74) 

 Private 
 Land 
 Mobile 

 (90) 

 5.293 
 5.309 
 5.311 

 794-  806  FIXED  MOBILE  NG115 
 NG128 
 NG158 

 NG159 

 Auxiliary 
 Broadcasting  (74)  Private  Land  Mobile  (90) 

 806-  821  FIXED  LAND 
 MOBILE  NG30  NG31  NG43 

 NG63 
 Public 
 Mobile 

 (22) 

 Private 
 Land 
 Mobile 

 (90) 

 821-  824  LAND 
 MOBILE  NG30  NG43  NG63 

 Private 
 Land 
 Mobile 

 (90) 

 824-  849  FIXED  LAND 
 MOBILE  NG30  NG43  NG63 

 NG151 
 Public 
 Mobile 

 (22) 

 5.312 
 5.314 
 5.315 

 5.316 
 5.319 
 5.321 

 806-  890  FIXED  MOBILE5.317A  BROADCASTING 

 See 
 next 
 page 

 for 

 862-  890 
 MHz 

 5.317 
 5.318 

 5.149 
 5.305 
 5.306 
 5.307 

 5.311 
 5.320 

 See 
 next 
 page 

 for 

 849- 
 894 
 MHz 

 See 
 next 
 page 

 for 

 866- 
 896 
 MHz 

 Page 
 38 
69
 70 
 36-  37  EARTH 
 EXPLORATION- 

 SATELLITE 
 (passive) 

 FIXED  MOBILE  SPACE 
 RESEARCH 

 (passive) 

 5.149 

 36-  37  EARTH 
 EXPLORATION- 

 SATELLITE 
 (passive) 

 FIXED  MOBILE  SPACE 
 RESEARCH 

 (passive) 

 US263 
 US342 

 37-  37.5  FIXED  MOBILE  SPACE 
 RESEARCH 

 (space- 
 to- 
 Earth) 

 5.547 

 37-  37.6  FIXED  MOBILE 
 37.5-  38  FIXED  FIXED- 
 SATELLITE 

 (space-  to- 
 Earth) 
 5.551AA 

 MOBILE  SPACE  RESEARCH 
 (space- 
 to- 
 Earth) 

 Earth 
 exploration-  satellite 

 (space-  to- 
 Earth) 

 5.547 

 37-  38  FIXED  MOBILE  SPACE 
 RESEARCH  (space-  to-  Earth)  38-  38.6  FIXED  MOBILE 

 37.6-  38.6  FIXED  FIXED- 
 SATELLITE  (space-  to-  Earth)  MOBILE 

 Satellite  Communications 
 (25) 

 38-  39.5  FIXED  FIXED- 
 SATELLITE 

 (space-  to- 
 Earth) 
 5.551AA 

 MOBILE  Earth  exploration- 
 satellite 
 (space-  to- 

 Earth) 

 5.547 

 38.6-  39.5 
 38.6-  39.5  FIXED  FIXED- 
 SATELLITE  (space-  to-  Earth)  MOBILE  NG175 

 39.5-  40  FIXED  FIXED- 
 SATELLITE 

 (space-  to- 
 Earth) 
 5.551AA 

 MOBILE  MOBILE- 
 SATELLITE 

 (space-  to- 
 Earth) 

 Earth 
 exploration-  satellite 

 (space-  to- 
 Earth) 

 5.547 

 39.5-  40  FIXED- 
 SATELLITE  (space-  to-  Earth)  MOBILE-  SATELLITE  (space-  to-  Earth)  G117 

 39.5-  40  FIXED  FIXED- 
 SATELLITE  (space-  to-  Earth)  MOBILE  NG175  MOBILE-  SATELLITE  (space-  to-  Earth) 

 Fixed 
 Microwave 

 (101)  Page 
 76 
70
 Federal  Communications  Commission  FCC  02-  298 
 71 
 *  *  *  *  * 
 UNITED  STATES  (US)  FOOTNOTES 
 *  *  *  *  * 
 US11  The  use  of  the  frequencies  166.25  and  170.15  MHz  may  be  authorized  to  non-  Federal  Government  remote  pickup  broadcast  base  and  land  mobile  stations  and  to  non-  Federal  Government  base, 

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

 *  *  *  *  * 
 NON-  FEDERAL  GOVERNMENT  (NG)  FOOTNOTES 
 *  *  *  *  * 
 NG53  In  the  band  12.7-  13.15  GHz,  television  pickup  stations  and  CARS  pickup  stations  shall  be  assigned  channels  on  a  co-  equal  basis  and  shall  operate  on  a  secondary  basis  to  fixed  stations  operating  in 

 accordance  with  the  Table  of  Frequency  Allocations.  In  the  band  13.15-  13.20  GHz,  television  pickup  stations  and  CARS  pickup  stations  shall  be  assigned  channels  on  a  primary  co-  equal  basis  within  50 
 kilometers  of  the  television  markets  defined  in  47  C.  F.  R    76.53.  In  the  band  13.20-  13.2125  GHz,  television  pickup  stations  shall  be  assigned  channels  on  a  primary  basis,  and  CARS  fixed  and  pickup 
 stations  shall  operate  on  a  secondary  basis  to  television  broadcast  auxiliary  stations. 
 *  *  *  *  * 
 NG115  In  the  bands  54-  72  MHz,  76-  88  MHz,  174-  216  MHz,  470-  608  MHz,  and  614-  806  MHz,  wireless  microphones  and  wireless  assist  video  devices  may  be  authorized  on  a  non-  interference  basis, 

 subject  to  the  terms  and  conditions  set  forth  in  47  C.  F.  R.  part  74,  subpart  H. 
 *  *  *  *  * 
 NG175  Television  pickup  stations  in  the  mobile  services  authorized  to  use  frequencies  in  the  band  38.6-  40.0  GHz  on  or  before  (insert  date  30  days  after  publication  in  the  Federal  Register),  may 

 continue  to  operate  on  a  secondary  basis  to  stations  operating  in  accordance  with  the  Table  of  Frequency  Allocations. 

 *  *  *  *  * 
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 PART  73    RADIO  BROADCAST  SERVICES 
 7.  The  authority  citation  for  Part  73  continues  to  read  as  follows: 
 AUTHORITY:  47  U.  S.  C.  154,  303,  3334,  and  336. 
 8.  Section  73.3500  is  amended  by  removing  the  entries  for  Forms  313  and  313-  R  from  the  table  in  paragraph  (a)  and  adding  an  entry  for  Forms  601  and  603  to  read  as  follows: 

   73.3500  Application  and  report  forms. 
 (a)  *  *  * 

 Form  number  Title 
 *  *  *  *  *  *  *  *  *  * 
 601  ...............  FCC  Application  for  Wireless  Telecommunications  Bureau  Radio  Service  Authorization 

 603  ...............  FCC  Wireless  Telecommunications  Bureau  Application  for  Assignments  of  Authorization  and  Transfers  of  Control 

 *  *  *  *  * 
 9.  Section  73.3533  is  amended  by  removing  and  reserving  paragraph  (a)(  3). 
   73.3533  Application  for  construction  permit  or  modification  of  construction  permit. 
 (a)  *  *  * 
 (3)  [Reserved] 
 *  *  *  *  * 
 10.  Section  73.3536  is  amended  by  removing  and  reserving  paragraph  (b)(  3). 
   73.3536  Application  for  license  to  cover  construction  permit. 
 (b)  *  *  * 
 (3)  [Reserved] 
 *  *  *  *  * 
 11.  Section  73.3598  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   73.3598  Period  of  construction. 
 (a)  Each  original  construction  permit  for  the  construction  of  a  new  TV,  AM,  FM  or  International  Broadcast;  low  power  TV;  TV  translator;  TV  booster;  FM  translator;  or  FM  booster,  or  to  make  changes 

 in  such  existing  stations,  shall  specify  a  period  of  three  years  from  the  date  of  issuance  of  the  original  construction  permit  within  which  construction  shall  be  completed  and  application  for  license  filed. 
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 *  *  *  *  * 
 PART  74    EXPERIMENTAL  RADIO,  AUXILIARY,  SPECIAL  BROADCASTING  AND  OTHER  PROGRAM  DISTRIBUTIONAL  SERVICES 

 12.  The  authority  citation  for  Part  74  continues  to  read  as  follows: 
 AUTHORITY:  47  U.  S.  C.  154,  303,  307,  336(  f),  336(  h)  and  554. 
 13.  Section  74.5  is  amended  by  redesignating  paragraphs  (a)(  4)  through  (a)(  6)  as  paragraphs  (a)(  5)  through  (a)(  7),  adding  a  new  paragraph  (a)(  4),  and  adding  a  new  paragraph  (f)  to  read  as  follows: 

   74.5  Cross  reference  to  rules  in  other  parts. 
 *  *  *  *  * 
 (a)  *  *  * 
 (4)  Subpart  F,  Wireless  Telecommunications  Services  Applications  and  Proceedings.  (  1.901  to  1.981). 

 *  *  *  *  * 
 (f)  Part  101,  Fixed  Microwave  Services. 
 14.  A  new  Section  74.6  is  added  to  read  as  follows: 
   74.6  Licensing  of  broadcast  auxiliary  and  low  power  auxiliary  stations. 
 Applicants  for  and  licensees  of  remote  pickup  broadcast  stations,  aural  broadcast  auxiliary  stations,  television  broadcast  auxiliary  stations,  and  low  power  auxiliary  stations  authorized  under 

 subparts  D,  E,  F,  and  H  of  this  part  are  subject  to  the  application  and  procedural  rules  for  wireless  telecommunications  services  contained  in  part  1,  subpart  F  of  this  chapter.  Applicants  for  these  stations 
 may  file  either  manually  or  electronically  as  specified  in    1.913(  b)  and  (d)  of  this  chapter. 
 15.  Section  74.15  is  amended  by  revising  the  second  sentence  and  deleting  the  last  sentence  of  paragraph  (f)  to  read  as  follows: 

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

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

 by  removing  the  Note  after  paragraph  (g)  to  read  as  follows: 
   74.24  Short  term  operation. 
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 All  classes  of  broadcast  auxiliary  stations  provided  for  in  subparts  D,  E,  F  and  H  of  this  part,  except  wireless  video  assist  devices,  may  be  operated  on  a  short-  term  basis  under  the  authority  conveyed 
 by  a  Part  73  license  or  a  broadcast  auxiliary  license  without  prior  authorization  from  the  FCC,  subject  to  the  following  conditions: 

 (a)  Licensees  operating  under  this  provision  must  be  eligible  to  operate  the  particular  class  of  broadcast  auxiliary  station. 
 *  *  *  *  * 
 (d)  Short-  term  operation  under  this  section  shall  not  exceed  720  hours  annually  per  frequency. 
 Note:  Certain  frequencies  shared  with  other  services  which  are  normally  available  for  permanent  broadcast  auxiliary  station  assignment  may  not  be  available  for  short-  term  operation.  Refer  to  any  note(  s)  which  may  be 
 applicable  to  the  use  of  a  specific  frequency  prior  to  initiating  operation. 
 *  *  *  *  * 
 (f)  Stations  operated  pursuant  to  this  section  shall  be  identified  by  the  transmission  of  the  call  sign  of  the  associated  Part  73  broadcast  station  or  broadcast  auxiliary  station,  or,  in  the  case  of  stations 

 operated  by  broadcast  network  and  cable  network  entities,  by  the  network  or  cable  entitys  name  and  base  of  operations  city. 

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

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

 (i)  Coordinators  under  this  provision  will  not  be  designated  unless  the  Commission  receives  an  initial  request,  in  writing,  to  designate  a  coordinator. 
 (ii)  The  Commission  will  issue  a  Public  Notice  with  information  regarding  the  designation  of  such  a  coordinator. 
 (iii)  All  coordination  must  be  done  on  a  non-  discriminatory  basis. 
 (iv)  All  licensees  must  abide  by  the  decision  of  the  coordinator.  The  Commission  will  be  the  final  arbiter  of  any  disputes. 
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 (3)  An  unanticipated  need  will  never  be  deemed  to  exist  for  a  scheduled  event,  such  as  a  convention,  sporting  event,  etc. 
 (h)  *  *  * 
 (1)  *  *  *  See    1.928(  e)  of  this  chapter  for  a  definition  of  Line  A  and  Line  C. 
 *  *  *  *  * 
 (i)  *  *  *  It  shall  simply  be  necessary  for  the  licensee  to  contact  the  potentially  affected  agency  and  obtain  advance  approval  for  the  proposed  short-  term  operation.  Where  protection  to  FCC  monitoring 

 stations  is  concerned,  approval  for  short-  term  operation  may  be  given  by  the  District  Director  of  a  Commission  field  facility. 

 *  *  *  *  * 
 17.  A  new  Section  74.25  is  added  to  read  as  follows: 
   74.25  Temporary  conditional  operating  authority. 
 An  applicant  for  a  new  broadcast  auxiliary  radio  service  station  or  a  modification  of  an  existing  station  under  subparts  D,  E,  F,  or  H  of  this  part  may  operate  the  proposed  station  during  the  pendency  of 

 its  applications  upon  the  filing  of  a  properly  completed  formal  application  that  complies  with  the  rules  for  the  particular  class  of  station,  provided  that  the  conditions  set  forth  below  are  satisfied. 

 (a)  Conditions  applicable  to  all  broadcast  auxiliary  stations. 
 (i)  Stations  operated  pursuant  to  this  section  shall  be  identified  by  the  transmission  of  the  call  sign  of  the  associated  Part  73  broadcast  station,  if  one  exists,  or  the  prefix  WT  followed  by  the 

 applicants  local  business  telephone  number  for  broadcast  or  cable  network  entities. 
 (ii)  The  antenna  structure(  s)  has  been  previously  studied  by  the  Federal  Aviation  Administration  and  determined  to  pose  no  hazard  to  aviation  safety  as  required  by  subpart  B  of  part  17  of  this  chapter;  or 

 the  antenna  or  tower  structure  does  not  exceed  6.1  meters  above  ground  level  or  above  an  existing  man-  made  structure  (other  than  an  antenna  structure),  if  the  antenna  or  tower  has  not  been  previously 
 studied  by  the  Federal  Aviation  Administration  and  cleared  by  the  FCC; 
 (iii)  The  grant  of  the  application(  s)  does  not  require  a  waiver  of  the  Commission's  rules; 
 (iv)  The  applicant  has  determined  that  the  facility(  ies)  will  not  significantly  affect  the  environment  as  defined  in    1.1307  of  this  chapter; 

 (v)  The  station  site  does  not  lie,  within  a  radio  Quiet  Zone  identified  in    1.924  of  this  chapter. 
 (b)  Conditions  applicable  to  remote  pickup  broadcast  auxiliary  stations. 
 (i)  The  auxiliary  station  must  be  located  within  80  km  (50  mi)  of  the  broadcast  studio  or  broadcast  transmitter. 

 (ii)  The  applicant  must  coordinate  the  operation  with  all  affected  co-  channel  and  adjacent  channel  licensees  in  the  area  of  operation.  This  requirement  can  be  satisfied  by  coordination  with  the 
 local  frequency  committee  if  one  exists. 
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 (iii)  Operation  under  this  provision  is  not  permitted  between  152.87  MHz  and  153.35  MHz. 
 (c)  Conditions  applicable  to  aural  and  television  broadcast  auxiliary  stations. 
 (i)  The  applicable  frequency  coordination  procedures  have  been  successfully  completed  and  the  filed  application  is  consistent  with  that  coordination. 

 (ii)  The  station  site  does  not  lie  within  an  area  requiring  international  coordination. 
 (iii)  If  operated  on  frequencies  in  the  17.8-  19.7  GHz  band,  the  station  site  does  not  lie  within  any  of  the  areas  identified  in    1.924  of  this  chapter. 

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

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

 18.  A  new  Section  74.34  is  added  to  read  as  follows: 
   74.34  Period  of  construction;  certification  of  completion  of  construction. 
 (a)  Each  aural  and  television  broadcast  auxiliary  station  authorized  under  subparts  E  and  F  of  this  part  must  be  in  operation  within  18  months  from  the  initial  date  of  grant. 

 (b)  Each  remote  pickup  broadcast  auxiliary  station  authorized  under  subpart  D  of  this  part  must  be  in  operation  within  12  months  from  the  initial  date  of  grant. 
 (c)  Failure  to  timely  begin  operation  means  the  authorization  terminates  automatically. 
 (d)  Requests  for  extension  of  time  may  be  granted  upon  a  showing  of  good  cause  pursuant  to    1.946(  e)  of  this  chapter. 

 (e)  Construction  of  any  authorized  facility  or  frequency  must  be  completed  by  the  date  specified  in  the  license  and  the  Commission  must  be  notified  pursuant  to    1.946  of  this  chapter. 
 19.  Section  74.402  is  revised  to  read  as  follows: 
   74.402  Frequency  assignment. 
 Operation  on  all  channels  listed  in  this  section  (except:  frequencies  26.07  MHz,  26.11  MHz,  and  26.45  MHz,  and  frequencies  listed  in  paragraphs  (a)(  4)  and  (c)(  1)  of  this  section)  shall  be  in  accordance 

 with  the  priority  of  use  provisions  in    74.403(  b).  The  channel  will  be  assigned  by  its  center  frequency, 
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 channel  bandwidth,  and  emission  designator.  In  general,  the  frequencies  listed  in  this  section  represent  the  center  of  the  channel  or  channel  segment.  When  an  even  number  of  channels  are  stacked  in  those 
 sections  stacking  is  permitted,  channel  assignments  may  be  made  for  the  frequency  halfway  between  those  listed. 

 (a)  The  following  channels  (except  1606,  1622,  and  1646  kHz)  may  be  assigned  for  use  by  broadcast  remote  pickup  stations  using  any  emission  (other  than  single  sideband  or  pulse)  that  will  be  in 
 accordance  with  the  provisions  of    74.462. 
 (1)  MF  Channels:  1606,  1622,  and  1646  kHz.  The  channel  1606  kHz  is  subject  to  the  condition  listed  in  paragraph  (e)(  1)  of  this  section. 

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

 (3)  VHF  Channels:  166.25  and  170.15  MHz.  These  channels  are  subject  to  the  condition  listed  in  paragraph  (e)(  8)  of  this  section. 
 (4)  UHF  Channels:  Up  to  two  of  the  following  6.25  kHz  segments  may  be  stacked  to  form  a  channel  which  may  be  assigned  for  use  by  broadcast  remote  pickup  stations  using  any  emission  contained 
 within  the  resultant  channel  in  accordance  with  the  provisions  of    74.462:  450.00625  MHz,  450.0125  MHz,  450.01875  MHz,  450.025  MHz,  450.98125  MHz,  450.9875  MHz,  450.99375  MHz,  455.00625 
 MHz,  455.0125  MHz,  455.01875  MHz,  455.025  MHz,  455.98125  MHz,  455.9875  MHz,  and  455.99375  MHz.  These  channels  are  subject  to  the  condition  listed  in  paragraph  (e)(  9)  of  this  section. 

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

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

 (2)  VHF  segments:  160.860,  160.8675,  160.875,  160.8825,  160.890,  160.8975,  160.905,  160.9125,  160.920,  160.9275,  160.935,  160.9425,  160.950,  160.9575,  160.965,  160.9725,  160.980, 
 160.9875,  160.995,  161.0025,  161.010,  161.0175,  161.025,  161.0325,  161.040,  161.0475,  161.055,  161.0625,  161.070,  161.0775,  161.085,  161.0925,  161.100,  161.1075,  161.115,  161.1225,  161.130, 
 161.1375,  161.145,  161.1525,  161.160,  161.1675,  161.175,  161.1825,  161.190,  161.1975,  161.205,  161.2125,  161.220,  161.2275,  161.235,  161.2425,  161.250,  161.2575,  161.265,  161.2725,  161.280, 
 161.2875,  161.295,  161.3025,  161.310,  161.3175,  161.325,  161.3325,  161.340,  161.3475,  161.355,  161.3625,  161.370,  161.3775,  161.385,  161.3925,  161.400.  These  channels  are  subject  to  the  condition 
 listed  in  paragraph  (e)(  6)  and  (10)  of  this  section. 
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 (3)  VHF  segments:  161.625,  161.6325,  161.640,  161.6475,  161.655,  161.6625,  161.670,  161.6775,  161.685,  161.6925,  161.700,  161.7075,  161.715,  161.7225,  161.730,  161.7375,  161.745, 
 161.7525,  161.760,  161.7675,  161.775.  These  channels  are  subject  to  the  conditions  listed  in  paragraphs  (e)(  4),  (7),  and  (10)  of  this  section. 

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

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

 (1)  UHF  segments:  450.6375,  450.6625,  450.6875,  450.7125,  450.7375,  450.7625,  450.7875,  450.8125,  450.8375,  450.8625,  455.6375,  455.6625,  455.6875,  455.7125,  455.7375,  455.7625,  455.7875, 
 455.8125,  455.8375,  455.8625  MHz. 
 (2)  [Reserved] 
 (d)  Up  to  two  of  the  following  50  kHz  segments  may  be  stacked  to  form  a  channel  which  may  be  assigned  for  use  by  broadcast  remote  pickup  stations  using  any  emission  contained  within  the  resultant 

 channel  in  accordance  with  the  provisions  of    74.462.  Users  committed  to  100  kHz  bandwidths  and  transmitting  program  material  will  have  primary  use  of  these  channels. 

 (1)  UHF  segments:  450.900,  450.950,  455.900,  and  455.950  MHz. 
 (2)  [Reserved] 
 (e)  Conditions  on  Broadcast  Remote  Pickup  Service  channel  usage  as  referred  to  in  paragraphs  (a)  through  (d)  of  this  section: 
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 (1)  Operation  is  subject  to  the  condition  that  no  harmful  interference  is  caused  to  the  reception  of  AM  broadcast  stations. 
 (2)  Operation  is  subject  to  the  condition  that  no  harmful  interference  is  caused  to  stations  in  the  broadcast  service. 
 (3)  Operation  is  subject  to  the  condition  that  no  harmful  interference  is  caused  to  stations  operating  in  accordance  with  the  Table  of  Frequency  Allocations  set  forth  in  Part  2  of  the  Commission's 
 Rules  and  Regulations.  Applications  for  licenses  to  use  frequencies  in  this  band  must  include  statements  showing  what  procedures  will  be  taken  to  ensure  that  interference  will  not  be  caused  to  stations  in  the 
 Industrial/  Business  Pool  (Part  90). 
 (4)  These  frequencies  will  not  be  licensed  to  network  entities. 
 (5)  These  frequencies  will  not  be  authorized  to  new  stations  for  use  on  board  aircraft. 
 (6)  These  frequencies  are  allocated  for  assignment  to  broadcast  remote  pickup  stations  in  Puerto  Rico  or  the  Virgin  Islands  only. 

 Note:  These  frequencies  are  shared  with  Public  Safety  and  Industrial/  Business  Pools  (Part  90). 
 (7)  These  frequencies  may  not  be  used  by  broadcast  remote  pickup  stations  in  Puerto  Rico  or  the  Virgin  Islands.  In  other  areas,  certain  existing  stations  in  the  Public  Safety  and  Industrial/  Business  Pools 

 (Part  90)  have  been  permitted  to  continue  operation  on  these  frequencies  on  the  condition  that  no  harmful  interference  is  caused  to  broadcast  remote  pickup  stations. 

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

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

 the  Federal  Register),  or  may  continue  to  operate  on  a  secondary,  non-  interference  basis. 
 (f)  License  applicants  shall  request  assignment  of  only  those  channels,  both  in  number  and  bandwidth,  necessary  for  satisfactory  operation  and  for  which  the  system  is  equipped  to  operate. 

 However,  it  is  not  necessary  that  each  transmitter  within  a  system  be  equipped  to  operate  on  all  frequencies  authorized  to  that  licensee. 
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 (g)  Remote  pickup  stations  or  systems  will  not  be  granted  exclusive  channel  assignments.  The  same  channel  or  channels  may  be  assigned  to  other  licensees  in  the  same  area.  When  such  sharing  is 
 necessary,  the  provisions  of    74.403  shall  apply. 
 20.  Section  74.403  is  amended  by  revising  the  first  sentence  of  paragraph  (b)  to  read  as  follows: 
   74.403  Frequency  selection  to  avoid  interference. 
 *  *  *  *  * 
 (b)  The  following  order  of  priority  of  transmissions  shall  be  observed  on  all  frequencies  except  frequencies  26.07  MHz,  26.11  MHz,  and  26.45  MHz,  and  frequencies  listed  in    74.402(  a)(  4)  and 

 (c)(  1)  of  this  part: 
 *  *  *  *  * 
 21.  Section  74.431  is  amended  by  revising  the  first  sentence  of  paragraph  (i)  and  removing  and  reserving  paragraph  (g)  to  read  as  follows: 

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

 22.  Section  74.432  is  amended  revising  paragraphs  (b)  and  (g)  and  the  first  sentence  of  paragraph  (k)  to  read  as  follows: 
   74.432  Licensing  requirements  and  procedures. 
 *  *  *  *  * 
 (b)  Base  stations  may  operate  as  automatic  relay  stations  on  the  frequencies  listed  in    74.402(  b)(  4)  and  (c)(  1)  of  this  part  under  the  provisions  of    74.436,  however,  one  licensee  may  not 

 operate  such  stations  on  more  than  two  frequency  pairs  in  a  single  area. 
 *  *  *  *  * 
 (g)  An  application  for  a  remote  pickup  broadcast  station  or  system  shall  specify  the  broadcasting  station  with  which  the  remote  pickup  broadcast  facility  is  to  be  principally  used  and  the  licensed  area  of 

 operation  for  a  system  which  includes  mobile  stations  shall  be  the  area  considered  to  be  served  by  the  associated  broadcasting  station.  Mobile  stations  may  be  operated  outside  the  licensed  area  of  operation 
 pursuant  to    74.24  of  this  part.  Where  the  applicant  for  remote  pickup  broadcast  facilities  is  the  licensee  of  more  than  one  class  of  broadcasting  station  (AM,  FM,  TV),  all  licensed  to  the  same  community, 
 designation  of  one  such  station  as  the  associated  broadcasting  station  will  not  preclude  use  of  the  remote  pickup  broadcast  facilities  with  those  broadcasting  stations  not  included  in  the  designation  and  such 
 additional  use  shall  be  at  the  discretion  of  the  licensee. 
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 *  *  *  *  * 
 (k)  In  case  of  permanent  discontinuance  of  operations  of  a  station  licensed  under  this  subpart,  the  licensee  shall  cancel  the  station  license  using  FCC  Form  601.  *  *  * 

 23.  Section  74.433  is  amended  by  revising  paragraphs  (b)  and  (c)  to  read  as  follows: 
   74.433  Temporary  authorizations. 
 *  *  *  *  * 
 (b)  A  request  for  special  temporary  authority  for  the  operation  of  a  remote  pickup  broadcast  station  must  be  made  in  accordance  with  the  procedures  of    1.931(  b)  of  this  chapter. 

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

 *  *  *  *  * 
 24.  Section  74.451  is  amended  by  revising  paragraph  (a)  to  read  as  follows: 
   74.451  Certification  of  equipment. 
 (a)  Applications  for  new  remote  pickup  broadcast  stations  or  systems  or  for  changing  transmitting  equipment  of  an  existing  station  will  not  be  accepted  unless  the  transmitters  to  be  used  have 

 been  certificated  by  the  FCC  pursuant  to  the  provisions  of  this  subpart,  or  have  been  certificated  for  licensing  under  Part  90  of  the  FCC  rules  and  do  not  exceed  the  output  power  limits  specified  in 
   74.461(  b). 
 *  *  *  *  * 
 25.  Section  74.452  is  revised  to  read  as  follows: 
   74.452  Equipment  changes. 
 (a)  Modifications  may  be  made  to  an  existing  authorization  in  accordance  with    1.929  and  1.947  of  this  chapter. 

 (b)  All  transmitters  initially  installed  after  November  30,  1977,  must  be  certificated  for  use  in  this  service  or  other  service  as  specified  in    74.451(  a). 
 26.  Section  74.462  is  amended  by  revising  paragraph  (a),  the  table  in  paragraph  (b),  and  the  introduction  to  paragraph  (c),  and  removing  paragraphs  (e),  (f),  and  (g)  to  read  as  follows: 
   74.462  Authorized  bandwidth  and  emissions. 
 (a)  Each  authorization  for  a  new  remote  pickup  broadcast  station  or  system  shall  require  the  use  of  certificated  equipment  and  such  equipment  shall  be  operated  in  accordance  with  emission 
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 specifications  included  in  the  grant  of  certification  and  as  prescribed  in  paragraphs  (b),  (c),  and  (d)  of  this  section. 
 (b)  *  *  * 
 Frequencies  Authorized  bandwidth  (kHz)  Maximum  frequency  deviation  1 
 (kHz) 
 Type  of  emission  2 

 kHz  1606,  1622,  and  1646  .................  10  N/  A  A3E 

 MHz  25.87  to  26.03.............................  40  10 
 26.07  to  26.47.............................  20  5  152.8625  to  153.3575  3  ...............  30/  60  5/  10  Frequencies  25.87  to  153.3575  MHz:  A3E,  F1E,  F3E,  F9E 
 160.860  to  161.400.....................  60  10  161.625  to  161.775.....................  30  5 
 166.25  and  170.15  4  ....................  12.5/  25  5  450.00625  to  450.025 
 450.98125  to  450.99375  455.00625  to  455.025 
 455.98125  to  455.99375.............  Up  to  12.5  1.5  450.03125  to  450.61875 
 455.03125  to  455.61875.............  Up  to  25  5  450.6375  to  450.8625 
 455.6375  to  455.8625.................  25  -  50  10  450.900,  450.950 
 455.900,  455.950  ........................  50  -  100  35 

 Frequencies  160.860  to  455.950  MHz: 
 A1A,  A1B,  A1D,  A1E,  A2A,  A2B,  A2D,  A2E,  A3E, 

 F1A,  F1B,  F1D,  F1E,  F2A,  F2B,  F2D,  F2E,  F3E,  F9E 

 1  Applies  where  F1A,  F1B,  F1D,  F1E,  F2A,  F2B,  F2D,  F2E,  F3E,  or  F9E  emissions  are  used. 
 2  Stations  operating  above  450  MHz  shall  show  a  need  for  employing  A1A,  A1B,  A1D,  A1E, 

 A2A,  A2B,  A2D,  A2E,  F1A,  F1B,  F1D,  F1E,  F2A,  F2B,  F2D,  or  F2E  emission.  3  New  or  modified  licenses  for  use  of  the  frequencies  will  not  be  granted  to  utilize  transmitters  on 

 board  aircraft,  or  to  use  a  bandwidth  in  excess  of  30  kHz  and  maximum  deviation  exceeding  5  kHz  4  For  stations  licensed  or  applied  for  before  (insert  date  30  days  after  publication  in  the 
 Federal  Register),  the  sum  of  the  bandwidth  of  emission  and  tolerance  on  frequencies  166.25  MHz  or  170.15  MHz  shall  not  exceed  25  kHz,  and  such  operation  may  continue  until  January  1,  2005.  For  new 
 stations  licensed  or  applied  for  on  or  after  (insert  date  30  days  after  publication  in  the  Federal  Register),  the  sum  of  the  bandwidth  of  emission  and  tolerance  on  these  frequencies  shall  not  exceed  12.5 
 kHz.  For  all  remote  pickup  broadcast  stations,  the  sum  of  the  bandwidth  of  emission  and  tolerance  on  these  frequencies  shall  not  exceed  12.5  kHz  on  or  after  January  1,  2005. 

 *  *  *  *  * 
 (c)  For  emissions  on  frequencies  above  25  MHz  with  authorized  bandwidths  up  to  30  kHz,  the  emissions  shall  comply  with  the  emission  mask  and  transient  frequency  behavior  requirements  of   

 90.210  and  90.214  of  this  chapter.  For  all  other  emissions,  the  mean  power  of  emissions  shall  be  attenuated  below  the  mean  output  power  of  the  transmitter  in  accordance  with  the  following  schedule: 
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 *  *  *  *  * 
 27.  Section  74.464  is  amended  by  revising  the  introductory  text  to  the  table  to  read  as  follows: 
   74.464  Frequency  tolerance. 
 For  operations  on  frequencies  above  25  MHz  using  authorized  bandwidths  up  to  30  kHz,  the  licensee  of  a  remote  pickup  broadcast  station  or  system  shall  maintain  the  operating  frequency  of  each 

 station  in  compliance  with  the  frequency  tolerance  requirements  of    90.213  of  this  chapter.  For  all  other  operations,  the  licensee  of  a  remote  pickup  broadcast  station  or  system  shall  maintain  the  operating 
 frequency  of  each  station  in  accordance  with  the  following: 
 *  *  *  *  * 
 28.  Section  74.482  is  amended  by  revising  the  second  sentence  of  paragraph  (a)  and  paragraph  (e)  to  read  as  follows: 

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

 *  *  *  *  * 
 (e)  For  stations  using  F1E  or  G1E  emissions,  identification  shall  be  transmitted  in  the  unscrambled  analog  (F3E)  mode  or  in  International  Morse  Code  pursuant  to  the  provisions  of  paragraph 

 (d)  of  this  section  at  intervals  not  to  exceed  15  minutes.  For  purposes  of  rule  enforcement,  all  licensees  using  F1E  or  G1E  emissions  shall  provide,  upon  request  by  the  Commission,  a  full  and  complete 
 description  of  the  encoding  methodology  they  currently  use. 
 *  *  *  *  * 
 29.  Section  74.502  is  amended  by  removing  the  second  sentence  of  the  introductory  text  of  paragraph  (b),  revising  the  last  sentence  of  the  introductory  text  of  paragraph  (b),  adding  two  new 

 sentences  to  the  end  of  the  introductory  text  of  paragraph  (b),  revising  paragraph  (c)(  1)(  ii),  and  revising  paragraph  (d)  to  read  as  follows: 

   74.502  Frequency  assignment. 
 (a)  *  *  *  *  * 
 (b)  *  *  *  The  frequencies  listed  below  are  the  centers  of  individual  segments.  When  stacking  an  even  number  of  segments,  the  center  frequency  specified  will  deviate  from  the  list  below  in  that  it  should 

 correspond  to  the  actual  center  of  stacked  channels.  When  stacking  an  odd  number  of  channels,  the  center  frequency  specified  will  correspond  to  one  of  the  frequencies  listed  below. 

 *  *  *  *  * 
 (c)  *  *  * 
 (1)  *  *  * 
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 (ii)  Licensees  may  use  either  a  two-  way  link  or  one  frequency  of  a  frequency  pair  for  a  one-  way  link. 
 *  *  *  *  * 
 (d)  For  the  coordination  of  all  frequency  assignments  for  fixed  stations  above  944  MHz,  for  each  frequency  authorized  under  this  part,  the  interference  protection  criteria  in    101.105(  a),  (b),  and  (c) 

 of  this  chapter  and  the  frequency  usage  coordination  procedures  of    101.103(  d)  of  this  chapter  will  apply. 

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

   74.532  Licensing  requirements. 
 *  *  *  *  * 
 (f)  In  case  of  permanent  discontinuance  of  operations  of  a  station  licensed  under  this  subpart,  the  licensee  shall  cancel  the  station  license  using  FCC  Form  601.  For  purposes  of  this  section,  a  station 

 which  is  not  operated  for  a  period  of  one  year  is  considered  to  have  been  permanently  discontinued. 
 31.  Section  74.534  is  revised  to  read  as  follows: 
   74.534  Power  limitations. 
 (a)  Transmitter  output  power. 
 (1)  Transmitter  output  power  shall  be  limited  to  that  necessary  to  accomplish  the  function  of  the  system. 

 (2)  In  the  17,700  to  19,700  MHz  band,  transmitter  output  power  shall  not  exceed  10  watts. 
 (b)  In  no  event  shall  the  average  equivalent  isotropically  radiated  power  (EIRP),  as  referenced  to  an  isotropic  radiator,  exceed  the  values  specified  below.  In  cases  of  harmful  interference,  the 

 Commission  may,  after  notice  and  opportunity  for  hearing,  order  a  change  in  the  equivalent  isotropically  radiated  power  of  this  station. 

 Frequency  Band  (MHz)  Maximum  Allowable  1  EIRP  (dBW) 
 944  to  952........................  +40  17,700  to  18,600..............  +55 
 18,600  to  19,700..............  +35  1 
 Stations  licensed  based  on  an  application  filed  before  (insert  date  30  days  after  publication  in  the  Federal  Register),  for  EIRP  values  exceeding  those  specified  above,  may 

 continue  to  operate  indefinitely  in  accordance  with  the  terms  of  their  current  authorizations,  subject  to  periodic  renewal. 
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 (c)  The  EIRP  of  transmitters  that  use  Automatic  Transmitter  Power  Control  (ATPC)  shall  not  exceed  the  EIRP  specified  on  the  station  authorization.  The  EIRP  of  non-  ATPC  transmitters  shall  be 
 maintained  as  near  as  practicable  to  the  EIRP  specified  on  the  station  authorization. 
 32.  Section  74.535  is  amended  by  revising  paragraphs  (a),  (b)  and  (d),  removing  existing  paragraphs  (e)  and  (f),  and  redesignating  paragraph  (g)  as  paragraph  (e)  to  read  as  follows: 

   74.535  Emission  and  bandwidth. 
 (a)  The  mean  power  of  emissions  shall  be  attenuated  below  the  mean  transmitter  power  (PMEAN)  in  accordance  with  the  following  schedule: 

 (1)  When  using  frequency  modulation: 
 (i)  On  any  frequency  removed  from  the  assigned  (center)  frequency  by  more  than  50%  up  to  and  including  100%  of  the  authorized  bandwidth:  At  least  25  dB  in  any  100  kHz  reference  bandwidth  (BREF); 

 (ii)  On  any  frequency  removed  from  the  assigned  (center)  frequency  by  more  than  100%  up  to  and  including  250%  of  the  authorized  bandwidth:  At  least  35  dB  in  any  100  kHz  reference  bandwidth; 
 (iii)  On  any  frequency  removed  from  the  assigned  (center)  frequency  by  more  than  250%  of  the  authorized  bandwidth:  At  least  43+  10  log10  (PMEAN  in  watts)  dB,  or  80  dB,  whichever  is  the  lesser 
 attenuation,  in  any  100  kHz  reference  bandwidth. 
 (2)  When  using  transmissions  employing  digital  modulation  techniques: 
 (i)  For  operating  frequencies  below  15  GHz,  in  any  4  kHz  reference  bandwidth  (BREF),  the  center  frequency  of  which  is  removed  from  the  assigned  frequency  by  more  than  50  percent  up  to  and  including 

 250  percent  of  the  authorized  bandwidth:  As  specified  by  the  following  equation  but  in  no  event  less  than  50  decibels: 

 A  =  35  +  0.8(  G  -  50)  +  10  Log10  B.  (Attenuation  greater  than  80  decibels  is  not  required.) 
 where: 
 A  =  Attenuation  (in  decibels)  below  the  mean  output  power  level.  G  =  Percent  removed  from  the  carrier  frequency. 

 B  =  Authorized  bandwidth  in  megahertz. 
 (ii)  For  operating  frequencies  above  15  GHz,  in  any  1  MHz  reference  bandwidth  (BREF),  the  center  frequency  of  which  is  removed  from  the  assigned  frequency  by  more  than  50  percent  up  to  and 

 including  250  percent  of  the  authorized  bandwidth:  As  specified  by  the  following  equation  but  in  no  event  less  than  11  decibels: 

 A  =  11  +  0.4(  G  -  50)  +  10  Log10  B.  (Attenuation  greater  than  56  decibels  is  not  required.) 
 (iii)  In  any  4  kHz  reference  bandwidth  (BREF),  the  center  frequency  of  which  is  removed  from  the  assigned  frequency  by  more  than  250  percent  of  the  authorized  bandwidth:  At  least  43  +10  Log10  (PMEAN 
 in  watts)  decibels,  or  80  decibels,  whichever  is  the  lesser  attenuation. 
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 (b)  For  all  emissions  not  covered  in  paragraph  (a)  of  this  section,  the  peak  power  of  emissions  shall  be  attenuated  below  the  peak  envelope  transmitter  power  (PPEAK)  in  accordance  with  the  following 
 schedule: 
 (1)  On  any  frequency  500  Hz  inside  the  channel  edge  up  to  and  including  2500  Hz  outside  the  same  edge,  the  following  formula  will  apply: 

 A  =  29  Log10  [(  25/  11)[(  D  +  2.5    (W/  2)]  2  ]  dB  (Attenuation  greater  than  50  decibels  is  not  required.) 
 Where: 
 A  =  Attenuation  (in  dB)  below  the  peak  envelope  transmitter  power.  D  =  the  displacement  frequency  (kHz)  from  the  center  of  the  authorized  bandwidth. 

 W  =  the  channel  bandwidth  (kHz). 
 (2)  On  any  frequency  removed  from  the  channel  edge  by  more  than  2500  Hz:  At  least  43+  10  Log10  (PPEAK  in  watts)  dB. 

 *  *  *  *  * 
 (d)  For  purposes  of  compliance  with  the  emission  limitation  requirements  of  this  section: 
 (1)  If  the  transmitter  modulates  a  single  carrier,  digital  modulation  techniques  are  considered  as  being  employed  when  digital  modulation  occupies  50  percent  or  more  of  the  total  peak  frequency 

 deviation  of  a  transmitted  radio  frequency  carrier.  The  total  peak  frequency  deviation  will  be  determined  by  adding  the  deviation  produced  by  the  digital  modulation  signal  and  the  deviation  produced  by  any 
 frequency  division  multiplex  (FDM)  modulation  used.  The  deviation  (D)  produced  by  the  FDM  signal  must  be  determined  in  accordance  with    2.202(  f)  of  this  chapter. 

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

 (3)  For  demonstrating  compliance  with  the  attenuation  requirements  for  frequency  modulation  and  digital  modulation  in  paragraph  (a)  of  this  section,  the  resolution  bandwidth  (BRES)  of  the  measuring 
 equipment  used  for  measurements  removed  from  the  center  frequency  by  more  than  250  percent  of  the  authorized  bandwidth  shall  be  100  kHz  for  operating  frequencies  below  1  GHz,  and  1  MHz  for  operating 
 frequencies  above  1  GHz.  The  resolution  bandwidth  for  frequencies  removed  from  the  center  frequency  by  less  than  250  percent  of  the  authorized  bandwidth  shall  be  the  reference  bandwidth  (BREF)  specified  in 
 the  individual  emission  limitations,  but  may  be  reduced  to  not  less  than  one  percent  of  the  authorized  bandwidth  (B),  adjusted  upward  to  the  nearest  greater  resolution  bandwidth  available  on  the  measuring 
 equipment.  In  all  cases,  if  BRES  and  BREF  are  not  equal,  then  the  attenuation  requirement  must  be  increased  (or  decreased)  as  determined  by  a  factor  of  10  log10  [(  BREF  in  megahertz)/(  BRES  in  megahertz)] 
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 decibels,  where  a  positive  factor  indicates  an  increase  in  the  attenuation  requirement  and  a  negative  factor  indicates  a  decrease  in  the  attenuation  requirement. 
 (4)  Stations  licensed  pursuant  to  an  application  filed  before  (insert  date  two  years  after  publication  in  the  Federal  Register),  using  equipment  not  conforming  with  the  emission  limitations 
 specified  above,  may  continue  to  operate  indefinitely  in  accordance  with  the  terms  of  their  current  authorizations,  subject  to  periodic  renewal.  Existing  equipment  and  equipment  of  product  lines  in 
 production  before  (insert  date  30  days  after  publication  in  the  Federal  Register),  authorized  via  certification  or  verification  before  (insert  date  two  years  after  publication  in  the  Federal  Register),  for 
 equipment  not  conforming  to  the  emission  limitations  requirements  specified  above,  may  continue  to  be  manufactured  and/  or  marketed,  but  may  not  be  authorized  for  use  under  a  station  license  except  at  stations 
 licensed  pursuant  to  an  application  filed  before  (insert  date  two  years  after  publication  in  the  Federal  Register).  Any  non-  conforming  equipment  authorized  under  a  station  license,  and  replaced  on  or  after 
 (insert  date  two  years  after  publication  in  the  Federal  Register),  must  be  replaced  by  conforming  equipment. 

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

 34.  Section  74.537  is  amended  by  revising  paragraphs  (b)  and  (c)  to  read  as  follows: 
   74.537  Temporary  authorizations. 
 *  *  *  *  * 
 (b)  A  request  for  special  temporary  authority  for  the  operation  of  an  aural  broadcast  STL  or  an  intercity  relay  station  must  be  made  in  accordance  with  the  procedures  of    1.931(  b)  of  this  chapter. 

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

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

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

 *  *  *  *  * 
 36.  Section  74.561  is  amended  by  removing  the  line  for  31,000  to  31,300  from  the  table. 
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 37.  Section  74.602  is  amended  by  removing  the  third  sentence  and  revising  the  second  to  last  sentence  of  the  introductory  text  of  paragraph  (a);  revising  the  channel  boundaries  for  channel  designation 
 B03  to  show  12.7625-  12.7875  in  the  table  of  paragraph  (a);  revising  footnote  2  to  the  table  of  paragraph  (a);  revising  paragraph  (d),  the  first  sentence  of  paragraph  (f),  paragraph  (h),  and  the  second  to  last 
 sentence  of  the  introductory  text  of  paragraph  (i);  and  removing  and  reserving  paragraph  (a)(  2),  to  read  as  follows: 

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

 Band  D  1  GHz 
 Group  A  channels  Group  B  channels  Band  A  MHz  Band  B  MHz 

 Designation  Channel  boundaries  Designation  Channel  boundaries 
 *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  * 
 *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  B03  .................  12.7625-  12.7875 
 *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  * 
 1  For  fixed  stations  using  Band  D  Channels,  applicants  are  encouraged  to  use  alternate  A  and  B 
 channels  such  that  adjacent  R.  F.  carriers  are  spaced  12.5  MHz.  As  an  example,  a  fixed  station,  relaying  several  channels,  would  use  A01,  B01,  A02,  B02,  A03,  etc. 

 2  The  band  13.15  -  13.20  GHz  is  reserved  for  the  assignment  of  CARS  Pickup  and  Television 
 Pickup  stations  on  a  primary  co-  equal  basis  within  50  kilometers  of  the  television  markets  defined  in    76.53  of  this  chapter.  The  band  13.20  -  13.2125  GHz  is  reserved  exclusively  for  the  assignment  of 

 Television  Pickup  stations  on  a  primary  basis.  Fixed  stations  licensed  prior  to  (insert  date  30  days  after  date  of  publication  in  the  Federal  Register)  may  continue  operation  under  their  current  status  on 
 channels  in  the  13.15  -  13.2125  GHz  band,  subject  to  periodic  license  renewals. 
 (1)  *  *  * 
 (2)  [Reserved] 
 *  *  *  *  * 
 (d)  Cable  Television  Relay  Service  stations  may  be  assigned  channels  in  Band  D  between  12,700  and  13,200  MHz  subject  to  the  condition  that  no  harmful  interference  is  caused  to  TV  STL  and  TV  relay 

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

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

 (g)  *  *  *  *  * 
 (h)  TV  STL,  TV  relay  stations,  and  TV  translator  relay  stations  may  be  authorized  to  operate  fixed  point-  to-  point  service  on  the  UHF  TV  channels  14-  69  on  a  secondary  basis  and  subject  to  the 

 provisions  of  subpart  G  of  this  part  and  those  specified  below: 
 (1)  Applications  for  authorization  in  accordance  with  this  paragraph  must  comply  with  the  following  technical  limits  or  be  accompanied  by  an  engineering  analysis  demonstrating  why  these  limits 

 must  be  exceeded: 
 (i)  Maximum  EIRP  is  limited  to  35  dBW; 
 (ii)  Transmitting  antenna  beamwidth  is  limited  to  25  degrees  (measured  at  the  3  dB  points);  and 
 (iii)  Vertical  polarization  is  used. 
 (2)  These  stations  must  not  interfere  with  and  must  accept  interference  from  current  and  future  full-  power  UHF-  TV  stations,  LPTV  stations,  and  translator  stations.  They  will  also  be  secondary  to  land 

 mobile  stations  in  areas  where  land  mobile  sharing  is  currently  permitted. 
 (3)  TV  STL  and  TV  relay  stations  licensed  for  operation  on  UHF  TV  channels  52-  69  based  on  applications  filed  before  (insert  date  30  days  after  publication  in  the  Federal  Register)  may  continue 

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

 (4)  TV  translator  relay  stations  licensed  for  operation  on  UHF  TV  channels  52-  59  based  on  applications  filed  before  the  end  of  DTV  transition  may  continue  to  operate  under  the  terms  of  their 
 current  authorizations  indefinitely.  TV  translator  relay  stations  licensed  for  operation  on  UHF  TV  channels  60-  69  based  on  applications  filed  before  the  end  of  DTV  transition  may  continue  to  operate 
 under  the  terms  of  their  current  authorizations  until  the  end  of  DTV  Transition.  Applications  for  TV  translator  relay  stations  operating  on  UHF  TV  channels  52-  69  will  not  be  accepted  for  filing  on  or  after 
 the  end  of  DTV  Transition. 
 (i)  *  *  *  This  band  is  co-  equally  shared  with  mobile  stations  licensed  pursuant  to  Parts  78  and  101  of  the  Commission's  Rules.  *  *  * 

 *  *  *  *  * 
 38.  Section  74.603  is  revised  by  removing  and  reserving  paragraph  (b). 
   74.603  Sound  channels. 
 *  *  *  *  * 
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 (b)  [Reserved] 
 *  *  *  *  * 
 39.  Section  74.604  is  amended  by  removing  and  reserving  paragraph  (a). 
   74.604  Interference  avoidance. 
 (a)  [Reserved] 
 *  *  *  *  * 
 40.  Section  74.631  is  amended  by  revising  the  first  sentence  of  paragraph  (a)  to  read  as  follows: 
   74.631  Permissible  service. 
 (a)  The  licensee  of  a  television  pickup  station  authorizes  the  transmission  of  program  material,  orders  concerning  such  program  material,  and  related  communications  necessary  to  the  accomplishment 

 of  such  transmissions,  from  the  scenes  of  events  occurring  in  places  other  than  a  television  studio,  to  its  associated  television  broadcast  station,  to  an  associated  television  relay  station,  to  such  other  stations  as 
 are  broadcasting  the  same  program  material,  or  to  the  network  or  networks  with  which  the  television  broadcast  station  is  affiliated. 

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

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

 *  *  *  *  * 
 (e)  A  license  for  a  TV  translator  relay  station  will  be  issued  only  to  licensees  of  low  power  TV  and  TV  translator  stations.  However,  a  television  translator  relay  station  license  may  be  issued  to  a 

 cooperative  enterprise  wholly  owned  by  licensees  of  television  broadcast  translators  or  licensees  of  television  broadcast  translators  and  cable  television  owners  or  operators  upon  a  showing  that  the  applicant 
 is  qualified  under  the  Communication  Act  of  1934,  as  amended. 
 *  *  *  *  * 
 (g)  In  case  of  permanent  discontinuance  of  operations  of  a  station  licensed  under  this  subpart,  the  licensee  shall  cancel  the  station  license  using  FCC  Form  601.  For  purposes  of  this  section,  a  station 

 which  is  not  operated  for  a  period  of  one  year  is  considered  to  have  been  permanently  discontinued. 
 42.  Section  74.633  is  amended  by  revising  paragraphs  (b)  and  (c)  to  read  as  follows: 
   74.633  Temporary  authorizations. 
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 *  *  *  *  * 
 (b)  A  request  for  special  temporary  authority  for  the  operation  of  a  television  broadcast  auxiliary  station  must  be  made  in  accordance  with  the  procedures  of    1.931(  b)  of  this  chapter. 

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

 *  *  *  *  * 
 43.  Section  74.636  is  revised  as  follows: 
   74.636  Power  limitations. 
 (a)  On  any  authorized  frequency,  transmitter  peak  output  power  and  the  average  power  delivered  to  an  antenna  in  this  service  must  be  the  minimum  amount  of  power  necessary  to  carry  out  the 

 communications  desired  and  shall  not  exceed  the  values  listed  in  the  table  below.  Application  of  this  principle  includes,  but  is  not  to  be  limited  to,  requiring  a  licensee  who  replaces  one  or  more  of  its 
 antennas  with  larger  antennas  to  reduce  its  antenna  input  power  by  an  amount  appropriate  to  compensate  for  the  increased  primary  lobe  gain  of  the  replacement  antenna(  s).  In  no  event  shall  the  average 
 equivalent  isotropically  radiated  power  (EIRP),  as  referenced  to  an  isotropic  radiator,  exceed  the  values  specified  below.  In  cases  of  harmful  interference,  the  Commission  may,  after  notice  and  opportunity  for 
 hearing,  order  a  change  in  the  effective  radiated  power  of  this  station.  The  table  follows: 
 Maximum  Allowable  Transmitter  Power  Maximum  Allowable  EIRP  2  Frequency  Band  (MHz) 

 Mobile  (W)  Fixed  (dBW)  Mobile  (dBW)  2,025  to  2,110...................  12.0  +45  +35 
 2,450  to  2,483.5................  12.0  +45  +35  6,425  to  6,525...................  12.0  ........................  +35 
 6,875  to7,125....................  12.0  +55  +35  12,700  to  13,250...............  1.5  +55  +45 
 17,700  to  18,600...............  .....................................  +55  .........................  18,600  to  18,800  1  ............  .....................................  +35  ......................... 
 18,800  to  19,700...............  .....................................  +55  .........................  1 
 The  power  delivered  to  the  antenna  is  limited  to  3  dBW.  2  Stations  licensed  based  on  an  application  filed  before  (insert  date  30  days  after 

 publication  in  the  Federal  Register),  for  EIRP  values  exceeding  those  specified  above,  may  continue  to  operate  indefinitely  in  accordance  with  the  terms  of  their  current  authorizations,  subject  to  periodic 
 renewal. 
 (b)  The  EIRP  of  transmitters  that  use  Automatic  Transmitter  Power  Control  (ATPC)  shall  not  exceed  the  EIRP  specified  on  the  station  authorization.  The  EIRP  of  non-  ATPC  transmitters  shall  be 

 maintained  as  near  as  practicable  to  the  EIRP  specified  on  the  station  authorization. 
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 44.  Section  74.637  is  amended  by  revising  paragraphs  (a),  (b)  and  (c)  and  by  removing  the  entries  for  31,000  to  31,300  and  38,600-  40,000  from  the  table  in  paragraph  (g)  to  read  as  follows: 
   74.637  Emissions  and  emission  limitations. 
 (a)  The  mean  power  of  emissions  shall  be  attenuated  below  the  mean  transmitter  power  (PMEAN)  in  accordance  with  the  following  schedule: 

 (1)  When  using  frequency  modulation: 
 (i)  On  any  frequency  removed  from  the  assigned  (center)  frequency  by  more  than  50%  up  to  and  including  100%  of  the  authorized  bandwidth:  At  least  25  dB  in  any  100  kHz  reference  bandwidth  (BREF); 

 (ii)  On  any  frequency  removed  from  the  assigned  (center)  frequency  by  more  than  100%  up  to  and  including  250%  of  the  authorized  bandwidth:  At  least  35  dB  in  any  100  kHz  reference  bandwidth; 
 (iii)  On  any  frequency  removed  from  the  assigned  (center)  frequency  by  more  than  250%  of  the  authorized  bandwidth:  At  least  43+  10  log10  (PMEAN  in  watts)  dB,  or  80  dB,  whichever  is  the  lesser 
 attenuation,  in  any  100  kHz  reference  bandwidth. 
 (2)  When  using  transmissions  employing  digital  modulation  techniques: 
 (i)  For  operating  frequencies  below  15  GHz,  in  any  4  kHz  reference  bandwidth  (BREF),  the  center  frequency  of  which  is  removed  from  the  assigned  frequency  by  more  than  50  percent  up  to  and  including 

 250  percent  of  the  authorized  bandwidth:  As  specified  by  the  following  equation  but  in  no  event  less  than  50  decibels: 

 A  =  35  +  0.8(  G  -  50)  +  10  Log10  B.  (Attenuation  greater  than  80  decibels  is  not  required.) 
 where: 
 A  =  Attenuation  (in  decibels)  below  the  mean  output  power  level.  G  =  Percent  removed  from  the  carrier  frequency. 

 B  =  Authorized  bandwidth  in  megahertz. 
 (ii)  For  operating  frequencies  above  15  GHz,  in  any  1  MHz  reference  bandwidth  (BREF),  the  center  frequency  of  which  is  removed  from  the  assigned  frequency  by  more  than  50  percent  up  to  and 

 including  250  percent  of  the  authorized  bandwidth:  As  specified  by  the  following  equation  but  in  no  event  less  than  11  decibels: 

 A  =  11  +  0.4(  G  -  50)  +  10  Log10  B.  (Attenuation  greater  than  56  decibels  is  not  required.) 
 (iii)  In  any  4  kHz  reference  bandwidth  (BREF),  the  center  frequency  of  which  is  removed  from  the  assigned  frequency  by  more  than  250  percent  of  the  authorized  bandwidth:  At  least  43  +10  Log10  (PMEAN 
 in  watts)  decibels,  or  80  decibels,  whichever  is  the  lesser  attenuation. 
 (3)  Amplitude  Modulation.  For  vestigial  sideband  AM  video:  On  any  frequency  removed  from  the  center  frequency  of  the  authorized  band  by  more  than  50%:  at  least  50  dB  below  peak  power  of  the 

 emission. 
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 (b)  For  all  emissions  not  covered  in  paragraph  (a)  of  this  section,  the  peak  power  of  emissions  shall  be  attenuated  below  the  peak  envelope  transmitter  power  (PPEAK)  in  accordance  with  the  following 
 schedule: 
 (1)  On  any  frequency  500  Hz  inside  the  channel  edge  up  to  and  including  2500  Hz  outside  the  same  edge,  the  following  formula  will  apply: 

 A  =  29  Log10  [(  25/  11)[(  D  +  2.5    (W/  2)]  2  ]  dB  (Attenuation  greater  than  50  decibels  is  not  required.) 
 Where: 
 A  =  Attenuation  (in  dB)  below  the  peak  envelope  transmitter  power.  D  =  the  displacement  frequency  (kHz)  from  the  center  of  the  authorized  bandwidth. 

 W  =  the  channel  bandwidth  (kHz). 
 (2)  On  any  frequency  removed  from  the  channel  edge  by  more  than  2500  Hz:  At  least  43+  10  Log10  (PPEAK  in  watts)  dB. 

 (c)  For  purposes  of  compliance  with  the  emission  limitation  requirements  of  this  section: 
 (1)  If  the  transmitter  modulates  a  single  carrier,  digital  modulation  techniques  are  considered  as  being  employed  when  digital  modulation  occupies  50  percent  or  more  of  the  total  peak  frequency 

 deviation  of  a  transmitted  radio  frequency  carrier.  The  total  peak  frequency  deviation  will  be  determined  by  adding  the  deviation  produced  by  the  digital  modulation  signal  and  the  deviation  produced  by  any 
 frequency  division  multiplex  (FDM)  modulation  used.  The  deviation  (D)  produced  by  the  FDM  signal  must  be  determined  in  accordance  with    2.202(  f)  of  this  chapter. 

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

 (3)  For  demonstrating  compliance  with  the  attenuation  requirements  for  frequency  modulation  and  digital  modulation  in  paragraph  (a)  of  this  section,  the  resolution  bandwidth  (BRES)  of  the  measuring 
 equipment  used  for  measurements  removed  from  the  center  frequency  by  more  than  250  percent  of  the  authorized  bandwidth  shall  be  100  kHz  for  operating  frequencies  below  1  GHz,  and  1  MHz  for  operating 
 frequencies  above  1  GHz.  The  resolution  bandwidth  for  frequencies  removed  from  the  center  frequency  by  less  than  250  percent  of  the  authorized  bandwidth  shall  be  the  reference  bandwidth  (BREF)  specified  in 
 the  individual  emission  limitations,  but  may  be  reduced  to  not  less  than  one  percent  of  the  authorized  bandwidth  (B),  adjusted  upward  to  the  nearest  greater  resolution  bandwidth  available  on  the  measuring 
 equipment.  In  all  cases,  if  BRES  and  BREF  are  not  equal,  then  the  attenuation  requirement  must  be  increased  (or  decreased)  as  determined  by  a  factor  of  10  log10  [(  BREF  in  megahertz)/(  BRES  in  megahertz)] 
 decibels,  where  a  positive  factor  indicates  an  increase  in  the  attenuation  requirement  and  a  negative  factor  indicates  a  decrease  in  the  attenuation  requirement. 
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 (4)  Stations  licensed  pursuant  to  an  application  filed  before  (insert  date  two  years  after  publication  in  the  Federal  Register),  using  equipment  not  conforming  with  the  emission  limitations 
 specified  above,  may  continue  to  operate  indefinitely  in  accordance  with  the  terms  of  their  current  authorizations,  subject  to  periodic  renewal.  Existing  equipment  and  equipment  of  product  lines  in 
 production  before  (insert  date  30  days  after  publication  in  the  Federal  Register),  authorized  via  certification  or  verification  before  (insert  date  two  years  after  publication  in  the  Federal  Register),  for 
 equipment  not  conforming  to  the  emission  limitations  requirements  specified  above,  may  continue  to  be  manufactured  and/  or  marketed,  but  may  not  be  authorized  for  use  under  a  station  license  except  at  stations 
 licensed  pursuant  to  an  application  filed  before  (insert  date  two  years  after  publication  in  the  Federal  Register).  Any  non-  conforming  equipment  authorized  under  a  station  license,  and  replaced  on  or  after 
 (insert  date  two  years  after  publication  in  the  Federal  Register),  must  be  replaced  by  conforming  equipment. 

 *  *  *  *  * 
 45.  Section  74.638  is  revised  to  read  as  follows: 
   74.638  Frequency  coordination. 
 (a)  Coordination  of  all  frequency  assignments  for  fixed  stations  in  all  bands  above  2110  MHz,  and  for  mobile  (temporary  fixed)  stations  in  the  bands  6425-  6525  MHz  and  17.7-  19.7  GHz,  will  be  in 

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

 (b)  Frequency  coordination  for  all  fixed  stations  in  all  bands  above  2110  MHz,  and  for  all  mobile  (temporary  fixed)  stations  in  the  bands  6425-  6525  MHz  and  17.7-  19.7  GHz.  For  each  frequency 
 authorized  under  this  part,  the  interference  protection  criteria  in    101.105(  a),  (b),  and  (c)  of  this  chapter  and  the  frequency  usage  coordination  procedures  in    101.103(  d)  of  this  chapter  will  apply,  except  that 
 only  stations  in  the  bands  6425-  6525  MHz  and  17.7-  19.7  GHz  are  subject  to  the  provision  in    101.103(  d)  requiring  compliance  with    101.21(  f)  of  this  chapter  in  coordinating  frequency  usage  with 
 stations  in  the  fixed  satellite  service. 
 (c)  Frequency  coordination  for  all  fixed  stations  in  the  band  1990-  2110  MHz.  For  each  frequency  authorized  under  this  part,  the  following  frequency  usage  coordination  procedures  will  apply: 

 (1)  General  requirements.  Applicants  are  responsible  for  selecting  the  frequency  assignments  that  are  least  likely  to  result  in  mutual  interference  with  other  licensees  in  the  same  area.  Applicants  may 
 consult  local  frequency  coordination  committees,  where  they  exist,  for  information  on  frequencies  available  in  the  area.  Proposed  frequency  usage  must  be  coordinated  with  existing  licensees  and 
 applicants  in  the  area  whose  facilities  could  affect  or  be  affected  by  the  new  proposal  in  terms  of  frequency  interference  on  active  channels,  applied-  for  channels,  or  channels  coordinated  for  future 
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 growth.  Coordination  must  be  completed  prior  to  filing  an  application  for  regular  authorization,  for  major  amendment  to  a  pending  application,  or  for  major  modification  to  a  license. 
 (2)  To  be  acceptable  for  filing,  all  applications  for  regular  authorization,  or  major  amendment  to  a  pending  application,  or  major  modification  to  a  license,  must  include  a  certification  attesting  that  all  co-channel 
 and  adjacent-  channel  licensees  and  applicants  potentially  affected  by  the  proposed  fixed  use  of  the  frequency(  ies)  have  been  notified  and  are  in  agreement  that  the  proposed  facilities  can  be  installed 
 without  causing  harmful  interference  to  those  other  licensees  and  applicants. 
 (d)  Frequency  coordination  for  all  mobile  (temporary  fixed)  stations  in  all  bands  above  1990  MHz,  except  the  bands  6425-  6525  MHz  and  17.7-  19.7  GHz.  For  each  frequency  authorized  under  this 

 part,  applicants  are  responsible  for  selecting  the  frequency  assignments  that  are  least  likely  to  result  in  mutual  interference  with  other  licensees  in  the  same  area.  Applicants  may  consult  local  frequency 
 coordination  committees,  where  they  exist,  for  information  on  frequencies  available  in  the  area.  In  selecting  frequencies,  consideration  should  be  given  to  the  relative  location  of  receive  points,  normal 
 transmission  paths,  and  the  nature  of  the  contemplated  operation. 
 46.  Section  74.641  is  amended  by  revising  the  introductory  text  of  paragraph  (a),  removing  the  line  for  31.0  to  31.3  and  footnotes  2  and  3  from  the  table  in  paragraph  (a)(  1),  removing  the  second 

 sentence  of  paragraph  (a)(  5),  and  revising  the  introductory  text  of  paragraph  (b)  to  read  as  follows: 
   74.641  Antenna  systems. 
 (a)  For  fixed  stations  operating  above  2025  MHz,  the  following  standards  apply: 
 *  *  *  *  * 
 (b)  All  fixed  stations  are  to  use  antenna  systems  in  conformance  with  the  standards  of  this  section.  TV  auxiliary  broadcast  stations  are  considered  to  be  located  in  an  area  subject  to  frequency 

 congestion  and  must  employ  a  Category  A  antenna  when: 
 *  *  *  *  * 
 47.  Section  74.643  is  revised  to  read  as  follows: 
   74.643  Interference  to  geostationary-  satellites. 
 Applicants  and  licensees  must  comply  with    101.145  of  this  chapter  to  minimize  the  potential  of  interference  to  geostationary-  satellites. 

 48.  Section  74.644  is  amended  by  revising  the  table  in  paragraph  (a)  and  paragraph  (b)  to  read  as  follows: 
   74.644  Minimum  path  lengths  for  fixed  links. 
 (a)  *  *  * 
 Frequency  band  (MHz)  Minimum  path  length  (km)  Below  1,990  ...........................  n/  a 

 1,990    7,125..........................  17 
 12,200    13,250......................  5 
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 Above  17,700  .........................  n/  a 
 (b)  For  paths  shorter  than  those  specified  in  the  Table,  the  EIRP  shall  not  exceed  the  value  derived  from  the  following  equation. 
 EIRP  =  MAXEIRP    40  log(  A/  B)  dBW 
 Where: 
 EIRP  =  The  new  maximum  EIRP  (equivalent  isotropically  radiated  power)  in  dBW.  MAXEIRP  =  Maximum  EIRP  as  set  forth  in  the  Table  in    74.636  of  this  part. 

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

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

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

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

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

 (b)  Multiplexing  equipment  may  be  installed  on  any  licensed  TV  broadcast  STL,  TV  relay  or  translator  relay  station  without  authority  from  the  Commission. 
 *  *  *  *  * 
 50.  Section  74.655  is  amended  by  removing  the  last  sentence  of  paragraph  (a). 
 51.  Section  74.661  is  amended  by  revising  the  table  to  read  as  follows: 
   74.661  Frequency  tolerance. 
 *  *  *  *  * 
 Frequency  band  (MHz)  Frequency  tolerance  (%)  2,025  to  2,110  0.005  1 

 2,450  to  2,483.5  0.001  2 
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 6,425  to  6,525  0.005  6,875  to  7,125  0.005  1 
 12,700  to  13,250  0.005  1  17,700  to  18,820  0.003 
 18,920  to  19,700  0.003  1 
 Television  translator  relay  stations  shall  maintain  a  frequency  tolerance  of  0.002%. 

 2  Stations  licensed  pursuant  to  an  application  filed  before  (insert  date 
 two  years  after  publication  in  the  Federal  Register),  for  tolerance  values  exceeding  those  specified  above,  may  continue  to  operate 

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

 52.  Section  74.801  is  amended  by  adding  a  definition  for  Wireless  Assist  Video  Device  in  alphabetical  order  to  read  as  follows: 
   74.801  Definitions. 
 *  *  *  *  * 
 Wireless  Assist  Video  Device.  An  auxiliary  station  authorized  and  operated  by  motion  picture  and  television  program  producers  pursuant  to  the  provisions  of  this  subpart.  These  stations  are  intended  to 

 transmit  over  distances  of  approximately  300  meters  for  use  as  an  aid  in  composing  camera  shots  on  motion  picture  and  television  sets. 

 53.  Section  74.802  is  amended  by  revising  paragraph  (b)(  3)  to  read  as  follows: 
   74.802  Frequency  assignment. 
 *  *  *  *  * 
 (b)  *  *  * 
 (3)  470.000-  608.000  MHz  and  614.000-  806.000  MHz 
 All  zones  113  km  (70  miles) 
 *  *  *  *  * 
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 54.  Section  74.832  is  amended  by  revising  paragraphs  (e),  (g),  and  (i)  to  read  as  follows: 
   74.832  Licensing  requirements  and  procedures. 
 *  *  *  *  * 
 (e)  An  application  for  low  power  auxiliary  stations  or  for  a  change  in  an  existing  authorization  shall  specify  the  broadcast  station,  or  the  network  with  which  the  low  power  broadcast  auxiliary  facilities 

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

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

 which  is  not  operated  for  a  period  of  one  year  is  considered  to  have  been  permanently  discontinued. 
 *  *  *  *  * 
 55.  Section  74.833  is  amended  by  revising  paragraphs  (b)  and  (c)  to  read  as  follows: 
   74.833  Temporary  authorizations. 
 *  *  *  *  * 
 (b)  A  request  for  special  temporary  authority  for  the  operation  of  a  remote  pickup  broadcast  station  must  be  made  in  accordance  with  the  procedures  of    1.931(  b)  of  this  chapter. 

 (c)  All  requests  for  special  temporary  authority  of  a  low  power  auxiliary  station  must  include  full  particulars  including:  licensees  name  and  address,  statement  of  eligibility,  facility  identification  number 
 of  the  associated  broadcast  station  (if  any),  type  and  manufacturer  of  equipment,  power  output,  emission,  frequency  or  frequencies  proposed  to  be  used,  commencement  and  termination  date,  location  of  proposed 
 operation,  and  purpose  for  which  request  is  made  including  any  particular  justification. 
 *  *  *  *  * 
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 56.  A  new  Section  74.870  is  added  to  read  as  follows: 
   74.870  Wireless  video  assist  devices. 
 Television  Broadcast  Auxiliary  licensees  and  motion  picture  and  television  producers,  as  defined  in    74.801  of  this  part,  may  operate  wireless  video  assist  devices  on  a  non-  interference  basis  on  VHF  and 

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

 (b)  Wireless  video  assist  devices  may  only  be  used  for  scheduled  productions.  They  may  not  be  used  to  produce  live  events  and  may  not  be  used  for  electronic  news  gathering  purposes. 
 (c)  Wireless  video  assist  devices  may  operate  with  a  bandwidth  not  to  exceed  6  MHz  on  frequencies  in  the  bands  180-  210  MHz  (TV  channels  8-  12)  and  470-  698  MHz  (TV  channels  14-  51) 
 subject  to  the  following  restrictions: 
 (1)  The  bandwidth  may  only  occupy  a  single  TV  channel. 
 (2)  Operation  is  prohibited  within  the  608-  614  MHz  (TV  channel  37)  band. 
 (3)  Operation  is  prohibited  within  129  km  of  a  television  broadcasting  station,  including  Class  A  television  stations,  low  power  television  stations  and  translator  stations. 

 (4)  For  the  area  and  frequency  combinations  listed  in  the  table  below,  operation  is  prohibited  within  the  distances  indicated  from  the  listed  geographic  coordinates. 
 Note:  All  coordinates  are  referenced  to  the  North  American  Datum  of  1983. 
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 Area  North  latitude  West  longitude 
 Excluded  frequencies 
 (MHz) 
 Excluded  channels 

 200  km  128  km  52  km  Boston,  MA...........................  42  o  21'  24.4"  71  o  03'  23.2"  470-  476  14 
 476-  482  15  482-  488  16 
 488-  494  17  Chicago,  IL  ...........................  41  o  52'  28.1"  87  o  38'  22.2"  470-  476  14 
 476-  482  15  482-  488  16 
 Cleveland,  OH  1  .....................  41  o  29'  51.2"  81  o  41'  49.5"  470-  476  14  476-  482  15 
 482-  488  16  488-  494  17 
 Dallas/  Fort  Worth,  TX..........  32  o  47'  09.5"  96  o  47'  38.0"  476-  482  15  482-  488  16 
 488-  494  17  Detroit,  MI  1  ...........................  42  o  19'  48.1"  83  o  02'  56.7"  470-  476  14 
 476-  482  15  482-  488  16 
 488-  494  17  Gulf  of  Mexico  476-  494  15,  16,  17 
 Hawaii  488-  494  17  Houston,  TX..........................  29  o  45'  26.8"  95  o  21'  37.8"  482-  488  16 
 488-  494  17  494-  500  18 
 Los  Angeles,  CA...................  34  o  03'  15.0"  118  o  14'  31.3"  470-  476  14  476-  482  15 
 482-  488  16  488-  494  17 
 500-  506  19  506-  512  20 
 512-  518  21  Miami,  Fl...............................  25  o  46'  38.4"  80  o  11'  31.2"  470-  476  14 
 476-  482  15  New  York/  N.  E.  New  Jersey..  40  o  45'  06.4"  73  o  59'  37.5"  470-  476  14 
 476-  482  15  482-  488  16 
 488-  494  17  Philadelphia,  PA  ...................  39  o  56'  58.4"  75  o  09'  19.6"  494-  500  18 
 500-  506  19  506-  512  20 
 512-  518  21  Pittsburgh,  PA.......................  40  o  26'  19.2"  79  o  59'  59.2"  470-  476  14 
 476-  482  15  488-  494  17 
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 Area  North  latitude  West  longitude 
 Excluded  frequencies 
 (MHz) 
 Excluded  channels 

 200  km  128  km  52  km  494-  500  18 
 500-  506  19  San  Francisco/  Oakland,  CA..  37  o  46'  38.7"  122  o  24'  43.9"  476-  482  15 
 482-  488  16  488-  494  17 
 494-  500  18  Washington  D.  C./  MD/  VA  ....  38  o  53'  51.4"  77  o  00'  31.9"  482-  488  16 
 488-  494  17  494-  500  18 
 500-  506  19  1 
 The  distance  separation  requirements  are  not  applicable  in  these  cities  until  further  order  from  the  Commission. 
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 (d)  Wireless  video  assist  devices  are  limited  to  a  maximum  of  250  milliwatts  ERP  and  must  limit  power  to  that  necessary  to  reliably  receive  a  signal  at  a  distance  of  300  meters.  Wireless  video  assist 
 devices  must  comply  with  the  emission  limitations  of    74.637  of  this  part. 
 (e)  The  antenna  of  a  wireless  video  assist  device  must  be  attached  to  the  transmitter  either  permanently,  or  by  means  of  a  unique  connector  designed  to  allow  replacement  of  authorized  antennas 

 but  prevent  the  use  of  unauthorized  antennas.  When  transmitting,  the  antenna  must  not  be  more  that  10  meters  above  ground  level. 

 (f)(  1)  A  license  for  a  wireless  video  assist  device  will  authorize  the  license  holder  to  use  all  frequencies  available  for  wireless  video  assist  devices,  subject  to  the  limitations  specified  in  this  section. 
 (2)  Licensees  may  operate  as  many  wireless  video  assist  devices  as  necessary,  subject  to  the  notification  procedures  of  this  section. 
 (g)  Notification  procedure.  Prior  to  the  commencement  of  transmitting,  licensees  must  notify  the  local  broadcasting  coordinator  of  their  intent  to  transmit.  If  there  is  no  local  coordinator  in  the  intended 
 area  of  operation,  licensees  must  notify  all  adjacent  channel  TV  stations  within  161  km  (100  mi)  of  the  proposed  operating  area. 

 (1)  Notification  must  be  made  at  least  10  working  days  prior  to  the  date  of  intended  transmission. 
 (2)  Notifications  must  include: 
 (A)  Frequency  or  frequencies. 
 (B)  Location. 
 (C)  Antenna  height. 
 (D)  Emission  type(  s). 
 (E)  Effective  radiated  power. 
 (F)  Intended  dates  of  operation. 
 (G)  Licensee  contact  information. 
 (3)  (i)  Failure  of  a  local  coordinator  to  respond  to  a  notification  request  prior  to  the  intended  dates  of  operation  indicated  on  the  request  will  be  considered  as  having  the  approval  of  the  coordinator. 

 In  this  case,  licensees  must  in  addition  notify  all  co-  channel  and  adjacent  channel  TV  stations  within  161  km  (100  mi)  of  the  proposed  operating  area.  This  notification  is  for  information  purposes  only  and  will 
 not  enable  TV  stations  to  prevent  a  WAVD  from  operating,  but  is  intended  to  help  identify  the  source  of  interference  if  any  is  experienced  after  a  WAVD  begins  operation. 

 (ii)  If  there  is  no  local  coordinator  in  the  intended  area  of  operation,  failure  of  any  adjacent  channel  TV  station  to  respond  to  a  notification  request  prior  to  the  intended  dates  of  operation  indicated 
 on  the  request  will  be  considered  as  having  the  approval  of  the  TV  station. 
 (4)  Licensees  must  operate  in  a  manner  consistent  with  the  response  of  the  local  coordinator,  or,  if  there  is  no  local  coordinator  in  the  intended  area  of  operation,  the  responses  of  the  adjacent  channel  TV 

 stations.  Disagreements  may  be  appealed  to  the  Commission.  However,  in  those  instances,  the  licensee 
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 will  bear  the  burden  of  proof  and  proceeding  to  overturn  the  recommendation  of  the  local  coordinator  or  the  co-  channel  or  adjacent  channel  TV  station. 
 (h)  Licenses  for  wireless  video  assist  devices  may  not  be  transferred  or  assigned. 
 (i)  The  product  literature  that  manufacturers  include  with  a  wireless  assist  video  device  must  contain  information  regarding  the  requirement  for  users  to  obtain  an  FCC  license,  the  requirement  that 

 stations  must  locate  at  least  129  kilometers  away  from  a  co-  channel  TV  station,  the  limited  class  of  users  that  may  operate  these  devices,  the  authorized  uses,  the  need  for  users  to  obtain  a  license,  and  the 
 requirement  that  a  local  coordinator  (or  adjacent  channel  TV  stations,  if  there  is  no  local  coordinator)  must  be  notified  prior  to  operation. 

 57.  Section  74.882  is  revised  to  read  as  follows: 
   74.882  Station  identification. 
 (a)  For  transmitters  used  for  voice  transmissions  and  having  a  transmitter  output  power  exceeding  50  mW,  an  announcement  shall  be  made  at  the  beginning  and  end  of  each  period  of  operation 

 at  a  single  location,  over  the  transmitting  unit  being  operated,  identifying  the  transmitting  units  call  sign  or  designator,  its  location,  and  the  call  sign  of  the  broadcasting  station  or  name  of  the  licensee  with  which 
 it  is  being  used.  A  period  of  operation  may  consist  of  a  continuous  transmission  or  intermittent  transmissions  pertaining  to  a  single  event. 

 (b)  Each  wireless  video  assist  device,  when  transmitting,  must  transmit  station  identification  at  the  beginning  and  end  of  each  period  of  operation.  Identification  may  be  made  by  transmitting  the  station 
 call  sign  by  visual  or  aural  means  or  by  automatic  transmission  in  international  Morse  telegraphy. 
 (1)  A  period  of  operation  is  defined  as  a  single  uninterrupted  transmission  or  a  series  of  intermittent  transmissions  from  a  single  location. 

 (2)  Station  identification  shall  be  performed  in  a  manner  conducive  to  prompt  association  of  the  signal  source  with  the  responsible  licensee.  In  exercising  the  discretion  provide  by  this  rule,  licensees  are 
 expected  too  act  in  a  responsible  manner  to  assure  that  result. 
 PART  78    CABLE  TELEVISION  RELAY  SERVICE 
 58.  The  authority  citation  for  Part  78  continues  to  read  as  follows: 
 AUTHORITY:  Secs.  2,  3,  4,  301,  303,  307,  308,  309,  48  Stat.,  as  amended,  1064,  1065,  1066,  1081,  1082,  1083,  1084,  1085;  47  U.  S.  C.  152,  153,  154,  301,  303,  307,  308,  309. 

 59.  Section  78.18  is  amended  by  revising  paragraph  (l)  to  read  as  follows: 
   78.18  Frequency  assignments. 
 *  *  *  *  * 
 (l)  The  band  13.15  -  13.20  GHz  is  reserved  for  the  assignment  of  CARS  Pickup  and  Television  Pickup  stations  on  a  primary  co-  equal  basis  within  50  kilometers  of  the  television  markets  defined  in   

 76.53  of  this  chapter.  The  band  13.20  -  13.2125  GHz  is  reserved  exclusively  for  the  assignment  of  Television  Pickup  stations  on  a  primary  basis.  Fixed  stations  licensed  prior  to  (insert  date  30  days  after 
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 date  of  publication  in  the  Federal  Register)  may  continue  operation  under  their  current  status  on  channels  in  the  13.15  -  13.2125  GHz  band,  subject  to  periodic  license  renewals. 
 60.  Section  78.36  is  revised  to  read  as  follows: 
   78.36  Frequency  coordination. 
 (a)  Coordination  of  all  frequency  assignments  for  fixed  stations  in  all  bands  above  2110  MHz,  and  for  mobile  (temporary  fixed)  stations  in  the  bands  6425-  6525  MHz  and  17.7-  19.7  GHz,  will  be  in 

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

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

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

 (2)  Coordination  procedure  guidelines  are  as  follows: 
 (i)  Coordination  involves  two  separate  elements:  notification  and  response.  Both  or  either  may  be  oral  or  in  written  form.  To  be  acceptable  for  filing,  all  applications  and  major  technical  amendments  must 

 certify  that  coordination,  including  response,  has  been  completed.  The  names  of  the  licensees,  permittees 
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 and  applicants  with  which  coordination  was  accomplished  must  be  specified.  If  such  notice  and/  or  response  is  oral,  the  party  providing  such  notice  or  response  must  supply  written  documentation  of  the 
 communication  upon  request; 
 (ii)  Notification  must  include  relevant  technical  details  of  the  proposal.  At  minimum,  this  should  include,  as  applicable,  the  following: 

 Applicant's  name  and  address.  Transmitting  station  name. 
 Transmitting  station  coordinates.  Frequencies  and  polarizations  to  be  added,  changed  or  deleted. 
 Transmitting  equipment  type,  its  stability,  actual  output  power,  emission  designator,  and  type  of  modulation  (loading). 
 Transmitting  antenna  type(  s),  model,  gain  and,  if  required,  a  radiation  pattern  provided  or  certified  by  the  manufacturer. 
 Transmitting  antenna  center  line  height(  s)  above  ground  level  and  ground  elevation  above  mean  sea  level. 
 Receiving  station  name.  Receiving  station  coordinates. 
 Receiving  antenna  type(  s),  model,  gain,  and,  if  required,  a  radiation  pattern  provided  or  certified  by  the  manufacturer. 
 Receiving  antenna  center  line  height(  s)  above  ground  level  and  ground  elevation  above  mean  sea  level. 
 Path  azimuth  and  distance.  Estimated  transmitter  transmission  line  loss  expressed  in  dB. 
 Estimated  receiver  transmission  line  loss  expressed  in  dB.  For  a  system  utilizing  ATPC,  maximum  transmit  power,  coordinated  transmit  power,  and  nominal 
 transmit  power. 
 Note:  The  position  location  of  antenna  sites  shall  be  determined  to  an  accuracy  of  no  less  than  +/  -1  second  in  the  horizontal  dimensions  (latitude  and  longitude)  and  +/-  1  meter  in  the  vertical  dimension 

 (ground  elevation)  with  respect  to  the  National  Spacial  Reference  System. 
 (iii)  For  transmitters  employing  digital  modulation  techniques,  the  notification  should  clearly  identify  the  type  of  modulation.  Upon  request,  additional  details  of  the  operating  characteristics  of  the 

 equipment  must  also  be  furnished; 
 (iv)  Response  to  notification  should  be  made  as  quickly  as  possible,  even  if  no  technical  problems  are  anticipated.  Any  response  to  notification  indicating  potential  interference  must  specify  the  technical 

 details  and  must  be  provided  to  the  applicant,  in  writing,  within  the  30-  day  notification  period.  Every  reasonable  effort  should  be  made  by  all  applicants,  permittees  and  licensees  to  eliminate  all  problems  and 
 conflicts.  If  no  response  to  notification  is  received  within  30  days,  the  applicant  will  be  deemed  to  have  made  reasonable  efforts  to  coordinate  and  may  file  its  application  without  a  response; 

 (v)  The  30-  day  notification  period  is  calculated  from  the  date  of  receipt  by  the  applicant,  permittee,  or  licensee  being  notified.  If  notification  is  by  mail,  this  date  may  be  ascertained  by: 
 (A)  The  return  receipt  on  certified  mail; 
 (B)  The  enclosure  of  a  card  to  be  dated  and  returned  by  the  recipient;  or 
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 (C)  A  conservative  estimate  of  the  time  required  for  the  mail  to  reach  its  destination.  In  the  last  case,  the  estimated  date  when  the  30-  day  period  would  expire  should  be  stated  in  the  notification. 
 (vi)  An  expedited  prior  coordination  period  (less  than  30  days)  may  be  requested  when  deemed  necessary  by  a  notifying  party.  The  coordination  notice  should  be  identified  as  "expedited"  and  the 
 requested  response  date  should  be  clearly  indicated.  However,  circumstances  preventing  a  timely  response  from  the  receiving  party  should  be  accommodated  accordingly.  It  is  the  responsibility  of  the 
 notifying  party  to  receive  written  concurrence  (or  verbal,  with  written  to  follow)  from  affected  parties  or  their  coordination  representatives. 

 (vii)  All  technical  problems  that  come  to  light  during  coordination  must  be  resolved  unless  a  statement  is  included  with  the  application  to  the  effect  that  the  applicant  is  unable  or  unwilling  to  resolve 
 the  conflict  and  briefly  the  reason  therefore; 
 (viii)  Where  a  number  of  technical  changes  become  necessary  for  a  system  during  the  course  of  coordination,  an  attempt  should  be  made  to  minimize  the  number  of  separate  notifications  for  these 

 changes.  Where  the  changes  are  incorporated  into  a  completely  revised  notice,  the  items  that  were  changed  from  the  previous  notice  should  be  identified.  When  changes  are  not  numerous  or  complex,  the 
 party  receiving  the  changed  notification  should  make  an  effort  to  respond  in  less  than  30  days.  When  the  notifying  party  believes  a  shorter  response  time  is  reasonable  and  appropriate,  it  may  be  helpful  for  that 
 party  to  so  indicate  in  the  notice  and  perhaps  suggest  a  response  date; 
 (ix)  If,  after  coordination  is  successfully  completed,  it  is  determined  that  a  subsequent  change  could  have  no  impact  on  some  parties  receiving  the  original  notification,  these  parties  must  be  notified  of 

 the  change  and  of  the  coordinator's  opinion  that  no  response  is  required; 
 (x)  Applicants,  permittees  and  licensees  should  supply  to  all  other  applicants,  permittees  and  licensees  within  their  areas  of  operations,  the  name,  address  and  telephone  number  of  their  coordination 

 representatives.  Upon  request  from  coordinating  applicants,  permittees  and  licensees,  data  and  information  concerning  existing  or  proposed  facilities  and  future  growth  plans  in  the  area  of  interest 
 should  be  furnished  unless  such  request  is  unreasonable  or  would  impose  a  significant  burden  in  compilation; 

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

 (xii)  Any  frequency  reserved  by  a  licensee  for  future  use  in  the  bands  subject  to  this  part  must  be  released  for  use  by  another  licensee,  permittee,  or  applicant  upon  a  showing  by  the  latter  that  it  requires 
 an  additional  frequency  and  cannot  coordinate  one  that  is  not  reserved  for  future  use. 
 (c)  Frequency  coordination  for  all  fixed  stations  in  the  band  1990-  2110  MHz.  For  each  frequency  authorized  under  this  part,  the  following  frequency  usage  coordination  procedures  will  apply: 

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

 (2)  To  be  acceptable  for  filing,  all  applications  for  regular  authorization,  or  major  amendment  to  a  pending  application,  or  major  modification  to  a  license,  must  include  a  certification  attesting  that  all  co-channel 
 and  adjacent-  channel  licensees  and  applicants  potentially  affected  by  the  proposed  fixed  use  of  the  frequency(  ies)  have  been  notified  and  are  in  agreement  that  the  proposed  facilities  can  be  installed 
 without  causing  harmful  interference  to  those  other  licensees  and  applicants. 
 (d)  Frequency  coordination  for  all  mobile  (temporary  fixed)  stations  in  all  bands  above  1990  MHz,  except  the  bands  6425-  6525  MHz  and  17.7-  19.7  GHz.  For  each  frequency  authorized  under  this 

 part,  applicants  are  responsible  for  selecting  the  frequency  assignments  that  are  least  likely  to  result  in  mutual  interference  with  other  licensees  in  the  same  area.  Applicants  may  consult  local  frequency 
 coordination  committees,  where  they  exist,  for  information  on  frequencies  available  in  the  area.  In  selecting  frequencies,  consideration  should  be  given  to  the  relative  location  of  receive  points,  normal 
 transmission  paths,  and  the  nature  of  the  contemplated  operation. 
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 61.  Section  78.101  is  amended  by  revising  the  entry  for  2,025-  2,110  MHz  in  the  table  in  paragraph  (a)  and  adding  a  new  paragraph  (c)  to  read  as  follows: 
   78.101  Power  limitations. 
 (a)  *  *  * 
 Maximum  allowable  transmitter  power  Maximum  allowable  EIRP  2  Frequency  band 
 (MHz)  Mobile  (W)  Fixed  (dBW)  Mobile  (dBW) 
 2,025  to  2,110  ........  20.0  .......................  +35  6,425  to  6,525  ........  20.0  .......................  +35 

 6,875  to  7,125  ........  20.0  .......................  +35  12,700  to  13,250  ....  1.5  +55  +45 
 17,700  to  18,600  ....  .................................  +55  ........................  18,600  to  18,800  1  ..  .................................  +35  ........................ 
 18,800  to  19,700  ....  .................................  +55  ........................  1  The  power  delivered  to  the  antenna  is  limited  to  3  dBW. 
 2  Stations  licensed  based  on  an  application  filed  before  (insert  date  30  days  after 
 publication  in  the  Federal  Register),  for  EIRP  values  exceeding  those  specified  above,  may  continue  to  operate  indefinitely  in  accordance  with  the  terms  of  their  current  authorizations,  subject  to  periodic 

 renewal. 
 *  *  *  *  * 
 (c)  The  EIRP  of  transmitters  that  use  Automatic  Transmitter  Power  Control  (ATPC)  shall  not  exceed  the  EIRP  specified  on  the  station  authorization.  The  EIRP  of  non-  ATPC  transmitters  shall  be 

 maintained  as  near  as  practicable  to  the  EIRP  specified  on  the  station  authorization. 
 62.  Section  78.103  is  amended  by  removing  the  entry  for  31,000  to  31,300  from  the  table  in  paragraph  (e). 

 63.  Section  78.105  is  amended  by  revising  the  introductory  sentence  for  paragraph  (a);  removing  the  entries  for  31,000  to  31,300  and  38,600  to  40,000,  and  Footnotes  2  and  3  from  the  table  in  paragraph 
 (a)(  1);  deleting  paragraph  (a)(  4)  and  redesignating  paragraph  (a)(  5)  as  paragraph  (a)(  4)  to  read  as  follows: 
   78.105  Antenna  systems. 
 (a)  For  fixed  stations  operating  in  the  12.7-  13.2  GHz  and  17.7-  19.7  GHz  bands,  the  following  standards  apply: 

 *  *  *  *  * 
 64.  Section  78.106  is  revised  to  read  as  follows: 
   78.106  Interference  to  geostationary-  satellites. 
 Applicants  and  licensees  must  comply  with    101.145  of  this  chapter  to  minimize  the  potential  of  interference  to  geostationary-  satellites. 

 65.  Section  78.108  is  amended  by  revising  paragraph  (b)  to  read  as  follows: 
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   78.108  Minimum  path  lengths  for  fixed  links. 
 *  *  *  *  * 
 (b)  For  paths  shorter  than  those  specified  in  the  Table,  the  EIRP  shall  not  exceed  the  value  derived  from  the  following  equation. 

 EIRP  =  MAXEIRP    40  log(  A/  B)  dBW 
 Where: 
 EIRP  =  The  new  maximum  EIRP  (equivalent  isotropically  radiated  power)  in  dBW.  MAXEIRP  =  Maximum  EIRP  as  set  forth  in  the  Table  in    74.636  of  this  part. 

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

 NOTE  TO  PARAGRAPH  (b):  For  transmitters  using  Automatic  Transmitter  Power  Control,  EIRP  corresponds  to  the  maximum  transmitter  power  available,  not  the  coordinated  transmit  power  or  the 
 nominal  transmit  power. 
 *  *  *  *  * 
 66.  Section  78.111  is  amended  by  removing  the  entry  for  31,000  to  31,300  from  the  table. 
 PART  101  -  FIXED  MICROWAVE  SERVICES 
 67.  The  authority  citation  for  Part  101  continues  to  read  as  follows: 
 AUTHORITY:  47  U.  S.  C.  154,  303. 
 68.  Section  101.113  is  amended  by  revising  the  column  headings  and  the  entry  for  the  12,700-  13,250  MHz  frequency  band  in  the  table  in  paragraph  (a)  to  read  as  follows: 

   101.113  Transmitter  power  limitations. 
 (a)  *  *  * 
 Maximum  allowable  EIRP  1,  2  Frequency  band  (MHz)  Fixed  (dBW)  Mobile  (dBW) 

 *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  12,700-  13,200  4  ..................................................  +50 
 13,200-  13,250  4  ..................................................  +55  *  *  *  *  *  *  *  *  *  *  *  *  *  *  * 
 1  Per  polarization. 
 2  For  multiples  address  operations,  see    101.147.  Remote  alarm  units  that  are  part  of  a  multiple 

 address  central  station  protection  system  are  authorized  a  maximum  of  2  watts. 

 *  *  *  *  * 
 3  Also  see    101.145. 

 *  *  *  *  * 
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 69.  Section  101.145  is  amended  by  revising  the  introductory  text  to  the  paragraph,  the  first  sentence  in  paragraph  (b),  and  the  first  sentence  in  paragraph  (c)  to  read  as  follows: 
   101.145  Interference  to  geostationary-  satellites. 
 These  limitations  are  necessary  to  minimize  the  probability  of  harmful  interference  to  reception  in  the  bands  2655-  2690  MHz,  5925-  7075  MHz,  and  12.7-  13.25  GHz  on  board  geostationary-  space  stations 

 in  the  fixed-  satellite  service. 
 *  *  *  *  * 
 (b)  2655  to  2690  MHz  and  5925  to  7075  MHz.  *  *  * 
 (c)  12.7  to  13.25  GHz.  *  *  * 
 *  *  *  *  * 
 70.  Section  101.803  is  amended  by  revising  the  first  sentence  in  paragraph  (b)  to  read  as  follows: 
   101.803  Frequencies. 
 *  *  *  *  * 
 (b)  Communications  common  carriers  in  the  Local  Television  Transmission  Service  may  be  assigned  frequencies  listed  in    74.602(  a),  78.18(  a)(  6),  and  78.18(  a)(  7)  of  this  chapter  to  provide  service 

 to  television  broadcast  stations,  television  broadcast  network-  entities,  cable  system  operators,  and  cable  network-  entities.  *  *  * 

 *  *  *  *  * 
 71.  Section  101.807  is  amended  by  adding  a  second  sentence  to  read  as  follows: 
   101.807  Transmitter  Power. 
 *  *  *  As  an  exception,  operations  on  frequencies  listed  in    74.602(  a),  78.18(  a)(  6),  and  78.18(  a)(  7)  of  this  chapter  are  subject  to  the  power  limitations  of    74.636  and  78.101(  a). 
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 APPENDIX  B:  Final  Regulatory  Flexibility  Analysis 
 As  required  by  the  Regulatory  Flexibility  Act  of  1980,  as  amended  (RFA),  1  an  Initial  Regulatory  Flexibility  Analysis  (IRFA)  was  incorporated  in  the  Notice  of  Propose  Rule  Making,  Revisions  to 

 Broadcast  Auxiliary  Service  Rules  in  Part  74  and  Conforming  Technical  Rules  for  Broadcast  Auxiliary  Service,  Cable  Television  Relay  Service  and  Fixed  Services  in  Parts  74,  78  and  101  of  the  Commissions 
 Rules.  2  The  Commission  sought  written  public  comment  on  the  proposals  in  the  Notice,  including  comment  on  the  IRFA.  The  comments  received  are  discussed  below.  This  present  Final  Regulatory 
 Flexibility  Analysis  (FRFA)  conforms  to  the  RFA.  3 
 (A)  Need  for  and  Objective  of  the  Report  and  Order. 
 The  Report  and  Order  updates  the  Broadcast  Auxiliary  Service  (BAS)  rules  in  Part  74  and  will  permit  increased  compatibility  between  Broadcast  Auxiliary  Services,  the  Cable  Television  Relay  Service 
 (CARS),  and  Fixed  Service  Microwave  (FS)  systems  operating  on  shared  spectrum.  Specifically,  we  permit  TV  and  aural  BAS  stations  to  use  any  available  digital  modulation  technique  in  all  BAS  frequency 
 bands  so  that  BAS  stations  can  take  advantage  of  the  latest  developments  in  technology  and  make  smooth  the  transition  to  digital  TV  and  digital  radio;  update  BAS  emission  masks  to  facilitate  the  introduction  of 
 digital  equipment  and  to  provide  consistency  with  emission  masks  used  in  Part  101  of  the  rules;  modify  the  equation  used  by  BAS  and  CARS  services  for  determining  the  maximum  effective  isotropic  radiated 
 power  (EIRP)  for  short  path  lengths  (this  change  eliminates  the  steep  reduction  in  EIRP  for  BAS  and  CARS  path  lengths  shorter  than  the  minimum);  allow  BAS  and  CARS  stations  to  use  automatic  transmit 
 power  control  (ATPC)  in  order  to  facilitate  more  efficient  spectrum  use;  update  transmitter  power  rules  for  BAS  and  CARS  services  to  provide  EIRP  limits  for  all  frequency  bands;  require  TV  BAS  and  CARS 
 services  to  prior  coordinate  their  frequency  use  when  using  shared  frequency  bands  to  minimize  the  potential  for  harmful  interference  occurring  when  a  new  station  begins  transmitting.  We  also  permit 
 wireless  assist  video  devices  to  operate  on  certain  VHF  and  UHF  TV  spectrum,  thereby  increasing  spectrum  efficiency  and  promoting  equipment,  which  will  increase  safety  at  production  sites  as  well  as 
 lower  film  and  television  production  costs.  In  addition,  we  update  many  other  BAS  rules  and  make  minor  rule  changes  to  clarify  or  fix  typographical  errors  in  the  existing  rules. 

 (B)  Summary  of  Significant  Issues  Raised  by  Public  Comments  in  Response  to  the  IRFA. 
 In  the  Notice,  the  Commission  performed  an  IRFA  and  asked  for  comments  that  specifically  addressed  issues  raised  in  the  IRFA.  No  parties  filed  comments  directly  in  response  to  the  IRFA.  However, 

 commenters  made  recommendations  regarding  channel  splitting,  and  the  Commission,  in  response,  is  overlaying  narrowband  channels  in  various  bands  and  is  authorizing  an  effective  date  for  channel  splitting 
 in  the  950  MHz  aural  BAS  band. 
 (C)  Description  and  Estimate  of  the  Number  of  Entities  Affected  to  Which  Rules  will  Apply. 

 The  RFA  directs  agencies  to  provide  a  description  of  and,  where  feasible,  an  estimate  of  the  number  of 

 2  See  Notice  of  Proposed  Rule  Making,  ET  Docket  No.  01-  75,  16  FCC  Rcd  10556,  10601  (2001). 
 3  See  5  U.  S.  C.    604. 
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 small  entities  that  may  be  affected  by  the  action  taken.  4  The  RFA  generally  defines  the  term  small  entity  as  having  the  same  meaning  as  the  terms  small  business,  small  organization,  and  small 
 governmental  jurisdiction.  5  In  addition,  the  term  small  business  has  the  same  meaning  as  the  term  small  business  concern  under  the  Small  Business  Act.  6  A  small  business  concern  is  one  that:  (1)  is 
 independently  owned  and  operated;  (2)  is  not  dominant  in  its  field  of  operation;  and  (3)  satisfies  any  additional  criteria  established  by  the  Small  Business  Administration  (SBA).  7  A  small  organization  is 
 generally  any  not-  for-  profit  enterprise  which  is  independently  owned  and  operated  and  is  not  dominant  in  its  field.  8  Nationwide,  as  of  1992,  there  were  approximately  275,801  small  organizations.  9  Finally, 
 small  governmental  jurisdiction  generally  means  governments  of  cities,  counties,  towns,  townships,  villages,  school  districts,  or  special  districts,  with  a  population  of  less  than  50,000.  10  As  of  1992,  there 
 were  approximately  85,006  such  jurisdictions  in  the  United  States.  11  This  number  includes  38,978  counties,  cities,  and  towns;  of  these,  37,566,  or  96  percent,  have  populations  of  fewer  than  50,000.  12  The 
 United  States  Bureau  of  the  Census  (Census  Bureau)  estimates  that  this  ratio  is  approximately  accurate  for  all  governmental  entities.  Thus,  of  the  85,006  governmental  entities,  we  estimate  that  81,600  (91  percent) 
 are  small  entities. 
 The  rules  adopted  in  this  R&  O  affect  licensees  of  BAS  (Remote  Pickup,  aural,  and  television),  CARS,  and  fixed  microwave  services.  Additionally,  they  affect  manufacturers  of  equipment  that  supports  the 

 BAS. 
 Broadcast  Auxiliary  Service  (BAS)  involves  a  variety  of  transmitters,  generally  used  to  relay  broadcast  programming  to  the  public  (through  translator  and  booster  stations)  or  within  the  program  distribution 

 chain  (from  a  remote  news  gathering  unit  back  to  the  stations).  The  Commission  has  not  developed  a  definition  of  small  entities  specific  to  broadcast  auxiliary  licensees.  The  U.  S.  Small  Business 
 Administration  (SBA)  has  developed  small  business  size  standards,  as  follows:  1)  For  TV  BAS,  we  will  use  the  size  standard  for  Television  Broadcasting,  which  consists  of  all  such  companies  having  annual 
 receipts  of  no  more  than  $12.0  million;  13  2)  For  Aural  BAS,  we  will  use  the  size  standard  for  Radio 
 4  5  U.  S.  C.    603(  b)(  3). 
 5  Id.,    601(  6). 
 6  5  U.  S.  C.    601(  3)  (incorporating  by  reference  the  definition  of  small  business  concern  in  15  U.  S.  C.    632). 
 Pursuant  to  the  RFA,  the  statutory  definition  of  a  small  business  applies  unless  an  agency,  after  consultation  with  the  Office  of  Advocacy  of  the  Small  Business  Administration  and  after  opportunity  for  public  comment, 

 establishes  one  or  more  definitions  of  such  term  which  are  appropriate  to  the  activities  of  the  agency  and  publishes  such  definition(  s)  in  the  Federal  Register.  5  U.  S.  C.    601(  3). 

 7  Small  Business  Act,  15  U.  S.  C.    632. 
 8  5  U.  S.  C.    601(  4). 
 9  1992  Economic  Census,  U.  S.  Bureau  of  the  Census,  Table  6  (special  tabulation  of  data  under  contract  to  Office 
 of  Advocacy  of  the  U.  S.  Small  Business  Administration). 
 10  5  U.  S.  C.    601(  5). 

 11  U.  S.  Dept.  of  Commerce,  Bureau  of  the  Census,  1992  Census  of  Governments. 
 12  Id. 
 13  13  C.  F.  R.    121.201,  NAICS  code  513120. 
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 Stations,  which  consists  of  all  such  companies  having  annual  receipts  of  no  more  than  $6  million;  14  3)  For  Remote  Pickup  BAS  we  will  use  the  small  business  size  standard  for  Television  Broadcasting  when  used 
 by  a  TV  station  and  that  for  Radio  Stations  when  used  by  such  a  station. 
 According  to  Census  Bureau  data  for  1997,  there  were  906  Television  Broadcasting  firms,  total  that  operated  for  the  entire  year.  15  Of  this  total,  734  firms  had  annual  receipts  of  $9,999,999.00  or  less  and  an 

 additional  71  had  receipts  of  $10  million  to  $24,999,999.00.  16  Thus,  under  this  standard,  the  majority  of  firms  can  be  considered  small. 

 According  to  Census  Bureau  data  for  1997,  there  were  4,476  Radio  Stations  (firms),  total,  that  operated  for  the  entire  year.  17  Of  this  total  4,265  had  annual  receipts  of  $4,999,999.00  or  less,  and  an  additional 
 103  firms  had  receipts  of  $5  million  to  $9,999,999.00.  18  Thus,  under  this  standard,  the  great  majority  of  firms  can  be  considered  small. 

 Cable  Antenna  Relay  Service  (CARS)  includes  transmitters  generally  used  to  relay  cable  programming  within  cable  television  system  distribution  systems.  The  SBA  has  developed  a  small  business  size 
 standard  for  Cable  and  other  Program  Distribution,  which  consists  of  all  such  companies  having  annual  receipts  of  no  more  than  $12.5  million.  19  According  to  Census  Bureau  data  for  1997,  there  were  1,311 
 firms  within  the  industry  category  Cable  and  Other  Program  Distribution,  total,  that  operated  for  the  entire  year.  20  Of  this  total,  1,180  firms  had  annual  receipts  of  $9,999,999.00  or  less,  and  an  additional  52 
 firms  had  receipts  of  $10  million  to  $24,999,999.00.  21  Thus,  under  this  standard,  the  majority  of  firms  can  be  considered  small. 

 Fixed  Microwave  Services  (FS)  includes  common  carrier,  private-  operational  fixed,  and  broadcast  auxiliary  radio  services.  Presently  there  are  approximately  22,015  common  carrier  fixed  licensees  and 
 61,670  private  operational-  fixed  licensees  and  broadcast  auxiliary  radio  licensees  in  the  microwave  services.  The  SBA  has  developed  a  small  business  size  standard  for  Cellular  and  other  Wireless 
 Telecommunications,  which  consists  of  all  such  companies  having  1,500  or  fewer  employees.  22  According  to  Census  Bureau  data  for  1997,  there  were  977  firms  in  this  category,  total,  that  operated  for 
 the  entire  year.  23  Of  this  total,  965  firms  had  employment  of  999  or  fewer  employees,  and  an  additional 
 14  Id.  at  NAICS  code  513112. 
 15  U.  S.  Census  Bureau,  1997  Economic  Census,  Subject  Series:  Information,  Receipts  Size  of  Firms  Subject  to 
 Federal  Income  Tax:  1997,  Table  4,  NAICS  code  513120  (issued  Oct.  2000). 
 16  Id.  The  census  data  do  not  provide  a  more  precise  estimate. 

 17  Id.  At  NAICS  code  513112. 
 18  Id.  The  census  data  do  not  provide  a  more  precise  estimate. 
 19  Id.  at  NAICS  code  513220. 
 20  Id.  at  NAICS  code  513220. 
 21  Id.  The  census  data  do  not  provide  a  more  precise  estimate. 
 22  13  CFR  121.201,  NAICS  code  513322. 
 23  U.  S.  Census  Bureau,  1997  Economic  Census,  Subject  Series:  Information,  Employment  Size  of  Firms  Subject 
 to  Federal  Income  Tax:  1997,  Table  5,  NAICS  code  513310  (issued  Oct.  2000). 
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 12  had  employment  of  1,000  employees  or  more.  24  Thus,  under  this  standard,  virtually  all  firms  can  be  considered  small. 
 (D)  Description  of  Projected  Reporting,  Recordkeeping  and  Other  Compliance  Requirements  for  Small  Entities. 

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

 Additionally,  we  have  conformed  some  of  the  rules  that  affect  frequency  bands  that  are  shared  among  BAS  licensees  (Part  74),  CARS  licensees  (Part  78),  and  fixed  microwave  licensees  (Part  101). 
 Specifically,  we  have  updated  the  rules  that  protect  interference  to  geostationary  satellites  from  receiving  harmful  interference  from  fixed  stations  to  those  currently  listed  in  the  ITU  International  Radio 
 Regulations.  The  effect  of  this  update  is  to  expand  the  number  of  frequency  bands  to  which  these  rules  apply.  We  also  have  adopted  for  BAS  equipment,  emission  limitations  that  are  consistent  with  those 
 already  being  used  for  fixed  microwave  stations.  We  also  are  generally  requiring  that  all  BAS  applicants  for  fixed  stations  operating  above  944  MHz  comply  with  the  same  frequency  coordination  guidelines  in 
 place  for  fixed  microwave  stations. 
 Further  changes  entail  providing  technical  guidelines  for  TV  studio-  to-  transmitter  links  and  TV  relay  stations  that  operate  on  UHF-  TV  channels.  These  guidelines  have  always  been  imposed,  but  never 

 codified.  Also,  with  respect  to  BAS  Remote  Pickup  stations,  we  are  altering  their  channel  plan  to  be  consistent  with  the  same  channel  spacing  requirements  as  are  used  for  Private  Land  Mobile  Radio  stations 
 in  Part  90  of  our  rules.  Finally,  as  noted,  we  have  allowed  a  new  type  of  device  to  operate  on  certain  VHF  and  UHF  TV  channels,  wireless  assist  video  devices.  These  devices  will  follow  the  existing  service 
 rules  for  Low  Power  Auxiliary  Stations,  with  minor  exceptions.  25 
 (E)  Steps  Taken  to  Minimize  the  Significant  Economic  Impact  on  Small  Entities  and  Significant  Alternatives  Considered. 

 The  RFA  requires  an  agency  to  describe  any  significant  alternatives  that  it  has  considered  in  reaching  its  proposed  approach,  which  may  include  the  following  four  alternatives  (among  others):  (1)  the 
 establishment  of  differing  compliance  or  reporting  requirements  or  timetables  that  take  into  account  the  resources  available  to  small  entities;  (2)  the  clarification,  consolidation,  or  simplification  of  compliance  or 

 24  Id.  The  census  data  do  not  provide  a  more  precise  estimate  of  the  number  of  firms  that  have  employment  of 
 1,500  or  fewer  employees;  the  largest  category  provided  is  Firms  with  1,000  employees  or  more. 
 25  See  Report  and  Order,  paragraphs  153,  154  and  155,  supra. 
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 reporting  requirements  under  the  rule  for  small  entities;  (3)  the  use  of  performance,  rather  than  design,  standards;  and  (4)  an  exemption  from  coverage  of  the  rule,  or  any  part  thereof,  for  small  entities.  26 
 We  have  reduced  burdens  wherever  possible.  Our  rules  regarding  the  BAS  would  reduce  burdens  on  small  entities.  First,  we  have  simplified  and  expanded  the  opportunity  for  aural  and  TV  BAS  licensees  to 
 use  digital  modulation  techniques  in  all  of  their  allocated  frequency  bands.  Currently,  they  can  use  these  techniques  only  in  a  few  bands  and  must  file  waiver  requests  and  requests  for  special  temporary  authority 
 (STA)  to  transmit  digital  signals  in  other  bands.  Our  rules  eliminate  the  need  for  these  waivers  and  STAs,  thus  saving  businesses  the  time  it  takes  to  prepare  these  requests  and  their  associated  filing  fees.  Second, 
 we  have  altered  the  equation  used  to  determine  the  allowable  EIRP  for  short  path  lengths.  Under  our  new  rules,  there  will  no  longer  be  a  large  drop-  off  in  allowable  EIRP  when  the  path  length  of  a  fixed  station  is 
 slightly  shorter  than  the  minimum  necessary  for  maximum  power.  The  effect  of  this  is  to  provide  more  flexibility  in  the  way  small  entities  design  their  systems.  Because  they  will  be  able  to  use  fewer  sites,  this 
 has  the  effect  of  a  reduction  in  the  cost  of  a  system.  Third,  we  have  allowed  automatic  transmit  power  control  (ATPC).  ATPC  benefits  small  entities  by  reducing  outages  to  digital  receivers  and  expanding 
 battery  life.  Both  of  these  effects  benefit  small  businesses  by  making  their  systems  more  reliable. 
 Many  of  our  rule  amendments  and  their  benefits  stem  from  the  use  of  the  ULS  for  application  filing.  This  system,  by  providing  for  electronic  filing  on  standardized  forms,  benefits  small  entities  in  several  ways. 

 Applicants  can  submit  applications  to  the  Commission  as  soon  as  they  have  the  necessary  information  on-  hand,  and  they  receive  instant  feedback  as  to  the  correctness  of  that  application  because  ULS  will  not 
 accept  the  application  for  filing  unless  it  is  correct.  If  there  are  errors,  ULS  provided  error  messages  so  that  the  application  can  be  corrected  and  resubmitted.  Also,  the  system  makes  extensive  use  of  electronic 
 processing,  so  that  many  of  the  tasks  that  were  done  by  hand  are  now  done  by  computer.  The  overall  effect  is  that  applications  are  processed  faster  and  licenses  are  issued  sooner,  thus  allowing  small  entities 
 to  begin  providing  service  in  a  more  timely  manner. 
 We  have  also  adopted  rule  amendments  that  conform  rules  for  similar  services  that  share  spectrum.  These  are  TV  BAS,  CARS,  and  the  fixed  microwave  service.  As  a  whole,  these  amendments  reduce  burdens  to 

 small  entities  because  many  of  these  entities  have  licenses  in  each  of  these  rule  parts,  but  must  currently  contend  with  different  rules  in  each  part.  Thus,  small  entities  will  benefit  because  they  will,  in  many 
 instances,  be  able  to  comply  with  a  common  set  of  rules  for  their  systems,  which  operate  in  any  of  the  named  services. 

 Additionally,  we  have  adopted  many  other  rule  changes  that  will  benefit  small  entities.  We  are  requiring  that  fixed  BAS  systems  prior  coordinate  their  frequency  use,  which  will  ensure  that  systems  operate  in  a 
 manner  that  minimizes  the  potential  of  causing  interference.  This  protects  the  new  system  from  possibly  being  shut  down  due  to  causing  interference  and  protects  the  existing  system  from  suffering  a  service 
 disruption  from  receiving  interference.  Both  of  these  results  will  benefit  small  entities  operating  in  the  BAS  service.  Along  with  the  frequency  coordination  requirement,  we  have  extended  the  ability  to 
 operate  under  temporary  conditional  authority  to  all  BAS  frequency  bands.  This  benefits  small  entities  by  allowing  them  to  begin  operating  sooner.  Further,  we  have  extended  the  reach  of  the  short-  term  operation 
 rule  to  all  entities  eligible  for  a  BAS  license.  This  benefits  small  entities  because  many  would  not  need  to  obtain  additional  licenses  from  the  Commission  to  provide  limited  service  a  few  times  a  year  in  areas  in 
 which  they  do  not  traditionally  operate.  Such  a  change  saves  small  entities  the  time  and  money  that  they  would  otherwise  expend  obtaining  a  license.  Another  change  entails  the  Commission  establishing 
 technical  requirements  for  operating  TV  STLs  or  TV  relay  stations  on  UHF-  TV  channels.  This  change 
 26  5  U.  S.  C.    603(  c). 
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 permits  applicants  to  know  the  requirements  they  must  meet  before  applying  for  a  license,  thereby  reducing  the  number  or  applications  that  must  be  returned  by  the  Commission.  Thus,  small  entities  will 
 benefit  by  having  to  respond  to  returned  applications  less  often.  We  have  also  altered  the  channel  plan  for  Remote  Pickup  BAS  to  conform  to  the  channel  plan  adopted  for  PLMR  services.  Unless  the  same 
 technical  criteria  are  used  for  both  services,  different  radios  must  be  developed.  Thus,  our  rules  change  will  benefit  small  entities  by  lowering  equipment  costs.  Finally,  we  have  permitted  motion  picture  and 
 television  producers  to  operate  new  wireless  assist  video  devices  on  certain  unused  VHF  and  UHF  TV  channels.  This  will  benefit  small  entities  by  providing  a  more  cost  effective  means  for  producers  to 
 monitor  multiple  camera  angles  when  producing  program  material. 
 The  regulatory  burdens  we  have  retained,  such  as  filing  applications  on  appropriate  forms,  are  necessary  to  ensure  that  the  public  receives  the  benefits  of  new  and  existing  services  in  a  prompt  and  efficient 

 manner.  We  also  considered  revising  the  burden  of  frequency  coordination  for  fixed  BAS  systems,  but  found  that  this  alternative  would  unnecessarily  increase  the  potential  of  harmful  interference.  However, 
 under  our  frequency  coordination  procedures,  entities  may  self  coordinate  rather  than  paying  a  frequency  coordinator.  We  will  continue  to  examine  alternatives  in  the  future  with  the  objectives  of  eliminating 
 unnecessary  regulations  and  minimizing  significant  economic  impact  on  small  entities. 
 F)  Report  to  Congress. 
 The  Commission  will  send  a  copy  of  the  Report  and  Order,  including  this  FRFA,  in  a  report  to  be  sent  to  Congress  pursuant  to  the  Congressional  Review  Act,  27  In  addition,  the  Commission  will  send  a  copy  of 

 the  Report  and  Order,  including  this  FRFA,  to  the  Chief  Counsel  for  Advocacy  of  the  SBA.  A  copy  of  the  Report  and  Order  and  FRFA  (or  summaries  thereof)  will  be  also  be  published  in  the  Federal 
 Register.  28 

 27  See  5  U.  S.  C.    801(  a)(  1)(  A). 
 28  See  5  U.  S.  C.    604(  b). 
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 APPENDIX  C:  COMMENTING  PARTIES 
 Comments  Alliance  of  Motion  Picture  and  Television  Producers 

 Association  for  Maximum  Service  Television,  Inc.  and  the  National  Association  of  Broadcasters  Association  of  Americas  Public  Television  Stations  and  the  Public  Broadcasting  Service 
 Comsearch  Globalstar  USA,  Inc.  and  Globalstar,  L.  P. 
 Microwave  Radio  Communications,  LLC  National  Spectrum  Managers  Association 
 Society  of  Broadcast  Engineers,  Inc.  Winstar  Communications,  Inc. 

 Reply  Comments  Alliance  of  Motion  Picture  and  Television  Producers 
 Comsearch  KNME-  TV 
 Microwave  Radio  Communications,  LLC  National  Spectrum  Managers  Association 
 National  Telecommunications  and  Information  Administration  Red  River  Broadcast  Co.  LLC  and  KQDS  Acquisition  Corp. 
 Shure  Incorporated  Society  of  Broadcast  Engineers,  Inc. 
 Telecommunications  Industry  Association  Viacom,  Inc. 

 Ex  Parte  Presentations  and  Filings  Microwave  Radio  Communications,  LLC 
 National  Translator  Association  Society  of  Broadcast  Engineers,  Inc. 
117