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 Federal  Communications  Commission  FCC  02-  136 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Amendment  of  Parts  2  and  97  of  the  Commissions  Rules  to  Create  a  Low  Frequency 
 allocation  for  the  Amateur  Radio  Service 
 Amendment  of  Parts  2  and  97  of  the  Commissions  Rules  Regarding  an  Allocation  of  a 
 Band  near  5  MHz  for  the  Amateur  Radio  Service 
 Amendment  of  Parts  2  and  97  of  the  Commissions  Rules  Concerning  the  Use 
 Of  the  2400-  2402  MHz  Band  by  the  Amateur  and  Amateur-  Satellite  Services 


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 ET  Docket  No.  02-  98  RM-  9404 
 RM-  10209 
 RM-  9949 


 NOTICE  OF  PROPOSED  RULE  MAKING 
 Adopted:  May  2,  2002:  Released:  May  15,  2002 
 Comments  Due:  45  days  from  publication  in  the  Federal  Register.  Reply  Comments  Due:  60  days  from  publication  in  the  Federal  Register. 


 By  the  Commission: 
 TABLE  OF  CONTENTS  Paragraph 


 I.  INTRODUCTION  ................................................................................................................................  1  II.  135.7-  137.8  kHz  AND  160-  190  kHz  BANDS  (RM-  9404)  ..................................................................  5 
 A.  Background  and  Summary  of  Petition..........................................................................................  5  B.  Comments...................................................................................................................................  16 
 C.  Proposal  ......................................................................................................................................  26  III.  5250-  5400  kHz  BAND  (RM-  10209)..................................................................................................  38 
 A.  Background  and  Summary  of  Petition........................................................................................  38  B.  Comments...................................................................................................................................  44 
 C.  Proposal  ......................................................................................................................................  47  IV.  2400-  2402  MHz  BAND  (RM-  9949)  ..................................................................................................  50 
 A.  Background  and  Summary  of  Petition........................................................................................  50  B.  Comments...................................................................................................................................  57 
 C.  Proposal  ......................................................................................................................................  59  V.  PROCEDURAL  MATTERS..............................................................................................................  62 
 VI.  ORDERING  CLAUSES.....................................................................................................................  71 


 APPENDIX  A:  List  of  Commenting  Parties  on  the  LF  Petition  APPENDIX  B:  List  of  Commenting  Parties  on  the  5000  kHz  Petition 
 APPENDIX  C:  List  of  Commenting  Parties  on  the  2400  MHz  Petition 
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 II.  135.7-  137.8  kHz  AND  160-  190  kHz  BANDS  (RM-  9404) 
 A.  Background  and  Summary  of  Petition 
 4.  Internationally,  the  band  130-  148.5  kHz  is  allocated  to  the  fixed  and  maritime  mobile  services  on  a  primary  basis  in  all  three  International  Telecommunications  Union  (  ITU)  Regions.  6  In 


 addition,  in  Region  3,  the  radionavigation  service  has  a  primary  allocation  in  this  band.  7  Within  the  U.  S.,  the  band  is  allocated  to  both  the  fixed  and  maritime  mobile  services  on  a  primary  basis  for  both  Federal 
 and  non-  Federal  Government  users.  The  non-  Federal  Government  services  in  this  band  are  covered  under  Parts  23  and  80  of  the  Commissions  Rules,  respectively.  In  the  135.7-  137.8  kHz  portion  of  the  band, 
 there  are  currently  no  non-  Federal  Government  assignments  and  only  one  Federal  Government  assignment,  as  of  January  25,  2002.  The  Federal  Government  assignment  is  for  a  coast  station  in  the 
 maritime  mobile  service  communicating  with  ships  in  the  Pacific  Ocean. 
 5.  The  band  160-  190  kHz  is  allocated  on  a  primary  basis  to  the  broadcasting  service  in  Region  1  and  to  the  fixed  service  on  a  primary  basis  in  Regions  2  and  3.  8  In  Region  3,  the  aeronautical 


 radionavigation  service  has  a  secondary  allocation.  In  the  U.  S.,  the  band  is  allocated  to  both  the  fixed  and  maritime  mobile  services  on  a  primary  basis  for  Federal  Government  users  and  also  to  the  fixed  service 
 for  non-  Federal  Government  users.  This  service  is  regulated  under  Part  23  of  the  Commissions  Rules.  As  of  January  25,  2002,  there  were  no  non-  Federal  Government  assignments  in  the  Commissions 
 database  for  this  frequency  band.  There  are  ten  Federal  Government  assignments  for  coast  stations  communicating  with  ships  at  sea  and  several  fixed  service  sites  in  this  band. 


 6.  In  addition,  the  LF  spectrum  is  used  by  unlicensed  devices.  These  systems  do  not  have  any  allocation  status,  but  are  authorized  to  operate  under  our  Part  15  Rules  on  an  unprotected,  non-interference 
 basis  with  respect  to  all  other  users.  Section  15.209  permits  operation  of  authorized  systems  with  field  strengths  of  up  to  4.9  microvolts/  meter  in  the  9-  490  kHz  band.  Additionally,  Section  15.217 
 permits  use  of  the  160-  190  kHz  band  for  general  unlicensed  operations  limited  to  one  watt  total  input  power  to  the  final  radio  frequency  stage  (exclusive  of  filament  or  heater  power)  with  the  length  of  the 
 transmission  line,  antenna  and  ground  lead  not  to  exceed  15  meters.  Emissions  outside  of  the  160-  190  kHz  band  must  be  attenuated  by  at  least  20  dB  below  the  level  of  the  unmodulated  carrier.  Section 
 15.113  permits  Power  Line  Carrier  (  PLC)  systems  on  power  transmission  lines  for  communications  important  to  the  reliability  and  security  of  electric  service  to  the  public  in  the  10-  1490  kHz  band.  9  PLC 
 systems  are  used  to  trip  protection  circuits  if  a  fault,  such  as  a  downed  power  line,  is  detected  in  the  power  grid. 


 7.  In  our  preparations  for  the  World  Administrative  Radio  Conference  1979,  we  considered  a  request  from  ARRL  for  an  amateur  allocation  in  the  160-  190  kHz  band  under  Docket  No.  20271.  At 
 that  time  we  declined  to  allocate  the  spectrum  to  the  amateur  service  because  of  concerns  about  interference  to  the  PLCs.  10 


 6  See  47  C.  F.  R.    2.104  and  2.106.  The  U.  S.  is  located  in  ITU  Region  2. 
 7  ITU-  R  Region  3  is  generally  the  Asia-  Pacific  Region.  See  47  C.  F.  R.  2.  104(  b)(  3). 
 8  ITU-  R  Region  1  is  generally  Europe,  Africa  and  the  Middle  East.  See  47  C.  F.  R.  2.104(  b)(  1). 
 9  See  47  C.  F.  R.    15.113,  15.  209  and  15.  217.  See  also  47  C.  F.  R.  2.106  footnote  US294. 
 10  See  Report  and  Order,  Docket  No.  20271,  70  FCC  2d  1193  (1978). 
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 8.  On  October  22,  1998,  the  ARRL  filed  a  Petition  for  Rule  Making  (  LF  Petition)  requesting  that  we  amend  Parts  2  and  97  of  our  Rules  11  to  create  a  domestic  secondary  allocation  for  the 
 amateur  service  in  the  LF  range  of  the  spectrum  in  the  135.7-  137.8  kHz  and  160-  190  kHz  bands.  12  ARRL  states  that  there  is  no  amateur  service  allocation  in  the  LF  spectrum  range.  Such  an  allocation,  they  argue, 
 would  enhance  technical  self-  training  in  areas  such  as  Morse  Code  and  digital  communications  and  experimentation  in  LF  communications.  13  ARRL  points  out  that  numerous  amateur  radio  and  non-amateur 
 radio  operators  in  the  U.  S.  are  using  the  160-  190  kHz  band  pursuant  to  Section  15.217  of  our  Rules.  14  ARRL  states  that  the  power  and  antenna  limitations  of  these  rules,  noted  above,  preclude  or 
 inhibit  effective  experimentation.  15  ARRL  desires  more  liberal  operating  conditions,  such  as  an  output  power  limit  of  200  W  peak  envelope  power  (  PEP)  16  and  2  W  effective  isotropic  radiated  power 
 (  EIRP).  These  power  limits  would  allow  amateur  radio  operators  to  conduct  antenna  design  and  construction  experiments,  and  long  range  propagation  studies  with  continuous  wave  (  CW)  telegraphy,  17 
 RTTY,  18  data,  single-  side  band  (  SSB)  telephony  and  image  emission  types.  In  order  to  ensure  that  these  experiments  are  conducted  by  knowledgeable  operators,  ARRL  proposes  that  operators  be  required  to 
 hold  a  General  Class  license  or  above.  19 
 9.  The  LF  Petition  notes  that,  although  there  is  no  international  allocation  for  the  amateur  service  in  these  bands,  the  European  Posts  and  Telecommunications  Commission  20  (  CEPT)  countries 


 have  provided  a  secondary  amateur  allocation  in  the  135.7-  137.  8  kHz  band  and  limited  power  output  to  1  W  effective  radiated  power  (  ERP).  21  In  addition  to  the  general  CEPT  decision,  individual  CEPT 


 11  See  Petition  for  Rule  Making,  RM-  9404,  Public  Notice  (rel.  November  23,  1998)  Report  No.  2306.  The  LF  Petition 
 specifically  requests  amendment  of  47  C.  F.  R.    2.106;  97.  3  (b);  97.301(  b),  (c),  and  (d);  97.  303;  97.  305(  c);  and  97.  313(  c). 
 12  In  addition,  the  Commission  received  a  petition  for  rulemaking  from  Mr.  Nickolaus  E.  Leggett  on  November  27,  1998.  This 
 petition  also  requested  the  Commission  consider  a  secondary  allocation  to  the  amateur  radio  service  in  the  135.  7-  137.8  kHz  and  160-  190  kHz  bands.  As  these  bands  are  the  same  as  contained  in  the  ARRL  LF  Petition  (RM-  9404)  which  was  placed  on  public 


 notice  for  comment,  we  find  that  it  is  not  necessary  to  put  the  Leggett  petition  out  for  comment  as  the  record  is  adequate  for  the  purposes  of  this  Notice  and  Order.  Thus,  it  will  be  treated  as  a  comment  in  support  of  the  LF  Petition. 


 13  See  LF  Petition  at  i. 
 14  See  LF  Petition  at  i. 
 15  These  transmissions  often  only  travel  a  fraction  of  a  kilometer.  However,  amateurs  experimenting  with  communications  using 
 continuous  wave,  RTTY  (see  footnote  18  for  a  definition  of  RTTY)  or  pulse  transmissions  can  achieve  distances  of  160  to  480  kilometers  under  favorable  propagation  conditions.  In  rare  cases,  with  very  well  tuned  devices,  they  can  achieve  distances  of 


 approximately  1300  kilometers.  However,  with  an  allowable  power  of  5W  ERP,  they  can  achieve  transcontinental  communications.  See  www.  lwca.  org,  the  Longwave  Home  Page,  for  more  information. 


 16  PEP  is  defined  as  the  average  power  supplied  to  the  antenna  transmission  line  by  a  transmitter  during  one  radio  frequency 
 cycle  at  the  crest  of  the  modulation  envelope  taken  under  normal  operating  conditions.  See  47  C.  F.  R.  2.1. 
 17  Continuous  wave  signals  are  unmodulated  carrier  frequencies.  Information  is  transmitted  by  turning  the  carrier  on  or  off  in 
 recognized  patterns,  such  as  Morse  Code. 
 18  RTTY  is  defined  as  narrow-  band  direct-  printing  telegraphy  with  specific  emission  designators.  See  47  C.  F.  R.  97.  3(  c)(  7)  for 
 more  information. 
 19  The  amateur  radio  operator  licenses  that  are  above  General  Class  include  the  Advanced  and  Amateur  Extra  Class  operator  licenses. 
 See  47  C.  F.  R.  97.9  for  more  information. 
 20  CEPT  is  an  organization  under  the  European  Union  umbrella  that  deals  with  spectrum  management  issues. 


 21  ERP  and  EIRP  differ  in  magnitude  by  2.  15  dB.  This  is  caused  by  a  2.  15  dB  increase  in  radiated  power  from  a  dipole  antenna 
 relative  to  an  isotropic  antenna. 
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 member  nations  have  instituted  their  own  domestic  rules.  For  example,  Belgian  radio  amateurs  are  permitted  to  use  up  to  1  kilowatt  transmitter  output  power.  22 
 10.  ARRL  states  that  a  review  of  Federal  Government  frequency  assignments  in  the  130-  160  kHz  and  160-  190  kHz  band  shows  that  the  U.  S.  Navy  has  assignments  in  both  bands  and  the  U.  S.  Air 
 Force  Groundwave  Emergency  Network  (  GWEN)  has  assignments  in  the  150-  175  kHz  band.  ARRL  asserts  that,  based  upon  information  and  belief,  and  upon  inquiry  of  the  Navy  staff,  incumbent  primary 
 status  Navy  operations  in  the  LF  range  are  increasingly  inactive  and  other  Federal  uses  of  the  band  are  being  phased  out  in  favor  of  other  bands.  23  As  additional  evidence  of  this,  ARRL  states  that  groups  of  Part 
 15  experimenters  in  this  band  have  logged  signals  heard  in  the  130-  160  kHz  and  160-  190  kHz  bands,  and  that  no  signals  have  been  noted  other  than  longwave  broadcast  signals,  mostly  from  Europe. 
 Nevertheless,  ARRL  requests  a  secondary  allocation  to  protect  primary  allocations  in  the  bands.  The  petition  also  does  not  specifically  address  sharing  with  the  primary  fixed  and  maritime  mobile  services. 


 11.  Regarding  sharing  with  Part  15  PLC  operations,  ARRL  argues  that  such  operations  have  no  allocation  status  and  thus  do  not  merit  protection  from  services  with  allocation  status.  Nevertheless, 
 ARRL  asserts  that  the  interference  potential  of  its  proposed  amateur  operations  to  PLCs  would  be  minimal.  Specifically,  ARRL  indicates  that  power  grid  faults  are  detected  through  either  Directional 
 Comparison  Blocking  (  DCR)  or  Direct  Transfer  Trip  (  DTT)  PLC  methods.  The  DCR  method  does  not  transmit  a  signal  until  there  is  a  fault,  and  interference  can  cause  adverse  performance  only  if  it  occurs 
 simultaneously  with  a  fault.  ARRL  argues  there  is  a  low  probability  of  an  amateur  station  being  close  to  a  power  line  and  transmitting  simultaneously  with  a  DCR  (  guard)  signal.  On  the  other  hand,  the  DTT 
 method  transmits  a  continuous  guard  signal,  which  is  frequency  shifted  during  a  fault.  ARRL  argues  that  DTT  systems  will  be  protected  because  amateur  service  stations  will  detect  the  guard  emission  and  avoid 
 using  that  channel.  24  ARRL  also  points  out  that  voice  and  data  communications  are  performed  over  PLCs,  but  that  interference  to  such  uses  are  not  serious  because  the  communications  can  be  repeated.  25 


 12.  ARRL  also  claims  that  PLCs  operating  in  the  135.7-  137.8  kHz  and  160-  190  kHz  bands  are  not  likely  to  receive  interference  which  might  interrupt  the  power  grid,  even  if  co-  frequency  operation 
 occurs.  26  ARRLs  analysis  shows  that  with  its  suggested  EIRP  of  2  W,  a  separation  distance  of  about  1.3  km  from  PLC  systems  operating  on  161  kV  power  lines  is  needed  to  avoid  interference.  The  separation 
 distance  decreases  to  approximately  170  meters  for  PLC  systems  operating  on  765  kV  power  lines.  27  ARRL  contends  that,  at  these  frequencies  and  corresponding  wavelengths,  the  antenna  inefficiencies  and 
 ground  losses  would  prevent  amateur  operations  from  generating  interfering  signals.  ARRL  states  it  could  not  find  any  record  of  false  trips  of  PLC  equipment  and  that  a  1995  survey  of  the  power  utilities 


 22  See  LF  Petition  at  6. 
 23  Id.  at  8.  ARRL  claims  that  the  GWEN  system  is  to  be  deleted  and  the  transmitter  sites  are  to  be  used  for  other  purposes  and 
 managed  by  the  U.  S.  Coast  Guard. 
 24  Typical  amateur  operations  use  a  listen-  before-  transmit  technique  whereby  the  operator  listens  to  ensure  the  channel  is  not  in 
 use  before  transmitting. 
 25  See  LF  Petition  at  9. 


 26  The  power  grid  is  made  up  of  a  generating  station,  which  outputs  the  electricity  onto  high  voltage  transmission  lines  (50  kV  to 
 765  kV).  These  lines  carry  the  power  to  a  substation  which  reduces  the  line  voltage  to  below  50  kV  for  use  by  businesses  and  housing  subdivisions.  These  50  kV  lines  are  further  reduced  via  local  transformers  to  the  typical  120/  240  V  used  for  providing 


 electrical  service  to  individual  households. 
 27  See  LF  Petition  at  15. 
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 shows  that  interference  from  licensed  systems  is  not  a  significant  problem.  28  ARRL  also  asserts  that  an  increasing  number  of  PLC  systems  use  synthesized  transmitters  that  allow  easy  frequency  changes  and 
 that  many  systems  employ  forward  error  correction  (  FEC)  digital  transmissions  of  data,  making  the  PLC  system  nearly  immune  to  interference.  29 


 B.  Comments 
 13.  Thirty-  two  parties  filed  comments  on  the  LF  Petition.  30  Comments  from  amateur  operators  generally  support  an  amateur  allocation  in  the  LF  range.  31  Galasso  states  that  this  secondary 


 allocation  would  be  very  helpful  and  supports  a  200  W  PEP  limit  with  no  EIRP  limit  to  permit  experimentation  to  develop  antennas  with  better  efficiency.  Rayburn  also  supports  the  LF  Petition, 
 indicating  that  the  current  amateur  service  operations  have  pioneered  the  use  of  binary  phase  shift  keying  (  BPSK)  signaling  and  coherent  CW  in  these  frequency  bands. 


 14.  Texas  Instruments  (  TI)  and  HID  Corporation  (  HID)  express  concern  with  ARRLs  request  for  the  135.7-  137.8  kHz  band.  These  companies  manufacture  radio  frequency  identification 
 (  RFID)  equipment  which  operates  in  the  nearby  121-  134.2  kHz  band  under  Part  15  of  our  Rules.  TI  and  HID  point  out  that  RFID  devices  use  inductive  coupling  and  therefore  rely  on  the  magnetic-  field  (  H-field) 
 component  of  a  signal  for  communications.  32  HID  and  TI  claim  that  amateur  radio  operators  will  likely  use  loop  antennas  because  of  space  limitations.  TI  contends  that  the  resulting  magnetic  field  from  a 
 200  W  PEP  amateur  service  transmitter  fed  into  a  loop  antenna  may  cause  interference  into  an  RFID  system.  33  HID  also  claims  that  amateur  station  signals  can  mix  with  HIDs  125  kHz  carrier  frequency  and 
 pass  into  the  RFID  receiver.  34  Further,  HID  fears  that  amateur  radio  licensees  will  use  transceivers  with  high  harmonic  content,  causing  interference  to  RFID  systems.  35  TI  proposes  that,  if  this  band  is  allocated 
 to  the  amateur  service,  operations  be  limited  to  electric  field  antennas,  power  limited  to  2  W  EIRP,  and  interference  be  defined  such  that  Part  15  devices  are  considered  as  not  causing  interference  to  any 
 authorized  amateur  operations.  36 


 28  Id.  at  17,  citing  Hohn,  J.  W.,  et.  al,  POWER  LINE  CARRIER  PRACTICES  AND  EXPERIENCES,  IEEE  Transactions  on 
 Power  Delivery,  Vol  10,  No.  2,  April  1995. 
 29  Id.  at  16. 


 30  The  LF  Petition  was  placed  on  public  notice  on  November  23,  1998.  See  Public  Notice  Report  No.  2306.  A  list  of 
 commenters  is  in  Appendix  A. 
 31  See,  e.  g.,  Ex  parte  Comments  of  Eyre-  Eagles  at  1,  Ex  parte  Comments  of  Galasso  at  2,  Ex  parte  Comments  of  Leggett  at  1, 
 and  Ex  parte  Comments  of  Rayburn  at  1. 
 32  Radio  waves  have  both  an  electric  and  a  magnetic  component.  In  the  LF  spectrum,  antennas  (sensors)  may  be  designed  to 
 utilize  one  or  the  other  component  for  more  efficient  communication. 
 33  See  Comments  of  Texas  Instruments,  at  3. 


 34  See  Ex  parte  Comments  of  HID  Corporation  at  1-  2.  Signals  mix  in  the  front  end  of  a  receiver  and  create  sum  and  difference 
 signals  which  may  then  be  passed  through  the  receivers  filter  if  they  are  close  enough  to  the  desired  signals  frequency.  For  example,  a  signal  at  125  kilohertz  may  mix  with  a  signal  at  135.  8  kilohertz  and  create  new  10.8  kilohertz  and  260.8  kilohertz 


 signals.  If  the  receiver  is  looking  for  signals  near  10  kilohertz,  this  new  signal  can  interfere  with  the  expected  signal. 
 35  Id.  at  4.  HID  asserts  that  loop  antennas  emphasize  H-  field  coupling  up  to  1  wavelength  (2.  21  km)  away  and  are  prone  to 
 broadband  harmonic  emissions  if  not  properly  tuned. 
 36  See  Comments  of  Texas  Instruments,  at  3.  Defining  interference  in  the  manner  proposed  by  TI  would  permit  a  Part  15  device 
 to  cause  interference  to  operations  of  a  secondary  service.  However,  Part  15  devices  would  not  be  protected  from  amateur  stations  operating  under  the  proposed  secondary  allocation. 
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 15.  ARRL  replies  that  the  typical  amateur  station  EIRP  in  the  135.7-  137.8  kHz  band  will  be  on  the  order  of  0.5  W,  which  is  significantly  below  the  power  limit  used  by  TI  in  its  analysis,  and  thus 
 amateur  radio  operations  should  not  cause  interference  to  RFID  systems.  ARRL  also  states  that  the  antenna  bandwidth  of  amateur  operations  in  this  band  would  be  very  low,  so  that  adjacent  frequency 
 interference  is  unlikely.  37  ARRL  argues  that  the  Commission  should  not  specify  antenna  types  because  that  would  stifle  experimentation,  and  notes  that  amateur  radio  licensees  will  likely  use  long  wire 
 antennas  that  will  emphasize  electric  field  radiation  to  facilitate  sharing  with  magnetic-  field  RFID  systems.  38 


 16.  A  number  of  commenters  raised  concerns  about  the  impact  of  the  proposed  amateur  service  operations  on  PLC  operations  in  both  frequency  bands.  39  Commenters  point  out  that  PLC  use  of 
 these  bands  is  significant.  UTC  indicates  that  there  are  approximately  10,000  PLC  terminals  operating  in  these  bands.  40  It  points  out  that  the  Commission  has  noted  the  importance  of  the  PLC  operations,  and  in 
 1978  declined  to  introduce  new  broadcast  and  amateur  allocations  to  protect  PLC  operations  in  the  LF  region. 


 17.  The  Institute  of  Electrical  and  Electronic  Engineers  (  IEEE)  Relay  Communications  Subcommittee  (  the  Subcommittee)  of  the  IEEE  Power  Systems  Relay  Committee  indicates  that  the 
 Subcommittee  echoes  the  Commissions  concerns  about  the  possibility  of  interference  to  PLCs  from  amateur  radio  operations  mentioned  in  Docket  No.  20271.  The  Subcommittee  claims  that  the  ARRL  LF 
 Petition  is  mistaken  regarding  interference  to  PLC  systems.  It  submits  that,  of  the  two  different  types  of  PLC  systems,  the  ON/  OFF  type  is  normally  off  except  for  short  encoded  bursts  1-  3  times  per  day.  41  It 
 states  that  interference  to  this  type  of  PLC  system  will  cause  unfaulted  lines  to  disconnect  from  the  power  grid  resulting  in  outages.  42  The  Subcommittee  argues  that  an  amateur  radio  operator  cannot  rely  on  a 
 listen  before  talk  protocol  to  avoid  the  frequency  being  used  by  an  ON/  OFF  PLC  system  because  the  system  is  normally  off  and  no  signal  is  transmitted.  The  Subcommittee  submits  that  the  second  type  of 
 PLC  system  uses  frequency  shift  keying  (  FSK).  43  It  indicates  that  with  FSK  systems,  a  fault  causes  a  status  signal  to  shift  frequency  which  trips  the  relay.  The  Subcommittee  states  that  it  takes  approximately 
 32  milliseconds  to  start  the  process,  and  it  cannot  be  stopped  once  started.  44  It  further  states  that,  in  the  FSK  system,  transmit  and  receive  frequencies  are  different  and  the  amateur  radio  operator  will  not  be  able 
 to  determine  what  frequencies  to  avoid  since  the  shifted  frequency  is  normally  not  used  unless  there  is  a 


 37  See  Reply  Comments  of  ARRL,  at  3. 
 38  Id. 
 39  On  March  30,  1999  ,ARRL  filed  a  Motion  to  Strike  (  Motion)  comments  from  the  IEEE  Relay  Communications 
 Subcommittee,  Michael  McDonald,  Paul  Drum  and  ComEd  because  they  were  more  than  30  days  late  and  ARRL  was  not  served  in  violation  of  Section  1.  405  (b)  of  the  Commissions  Rules.  We  believe  that  it  is  in  the  public  interest  to  have  as  complete  a 


 record  as  possible  in  this  proceeding.  We  further  note  that  while  ARRL  was  not  properly  served,  their  Motion  included  a  substantive  response  to  these  comments  and  was  considered  by  the  Commission  as  well.  Therefore  we  deny  ARRLs  Motion  to 
 Strike. 
 40  See  Ex  parte  Comments  of  UTC  at  2. 


 41  ON/  OFF  keyed  PLC  systems  are  similar  to  DCR  systems  described  in  the  LF  Petition. 
 42  See  Ex  parte  Comments  of  the  IEEE  Relay  Communications  Subcommittee,  dated  February  12,  2001  at  1. 
 43  FSK  PLC  systems  are  similar  to  DTT  systems  described  in  the  LF  Petition. 
 44  See  Ex  part  Comments  of  the  IEEE  Relay  Communications  Subcommittee,  dated  February  12,  2001  at  1. 
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 fault  on  the  power  system.  45  Commonwealth  Edison  (  ComEd)  and  other  utilities  support  the  Subcommittees  concerns.  46 
 18.  The  Subcommittee  also  disagrees  with  ARRLs  assessment  that  there  is  no  risk  of  interference  to  PLC  operations  beyond  1.34  km  from  amateur  stations  operating  with  an  EIRP  of  2  W.  It 
 takes  issue  with  the  LF  Petitions  statement  that  the  noise  floor  of  the  PLC  system  is  30  dBm  on  lower  voltage  lines  such  as  161  kV  power  lines  and  as  high  as  5  dBm  on  765  kV  lines  per  the  IEEE  643-  1980 
 standard.  The  Subcommittee  states  that  the  IEEE  standard  for  PLCs  actually  provides  various  noise  data  for  both  fair  and  adverse  weather  and  indicates  that  the  fair  weather  data  is  valid  for  more  than  75%  of  the 
 time.  It  notes  that  ARRL  used  the  highest  numbers  in  the  adverse  weather  range  for  their  analysis,  and  that  this  results  in  a  10-  15  dBm  decrease  in  sensitivity  for  lower  voltage  lines  and  20-  25  dBm  for  765  kV 
 lines.  47  The  Subcommittee  therefore  argues  that  ARRL  understates  the  necessary  separation  distances  needed  to  protect  the  PLCs. 


 19.  The  Subcommittee  also  states  that  while  utilities  may  use  fiber  in  new  installations,  it  is  not  cost-  effective  to  retrofit  existing  PLCs.  48  ComEd  agrees  with  this  assessment  and  also  notes  that 
 forward  error  correction  is  not  widely  used.  49  The  Southeast  Reliability  Council  and  the  Florida  Reliability  Council  argue  that  PLC  communication  is  the  only  viable  means  of  providing  the  protection, 
 control  and  operation  for  many  transmission  facilities.  50  UTC  asserts  that  utilities  have  experienced  problems  with  their  PLCs  that  could  have  been  caused  by  interference,  but  sources  of  interference  are 
 often  difficult  to  identify.  In  addition,  UTC  states  that  many  cases  of  interference  are  not  documented,  because  most  facilities  do  not  have  the  monitoring  equipment  necessary  to  determine  the  cause  of  the 
 tripping  of  breakers  if  no  fault  is  found  in  the  power  grid.  UTC  submits  that  one  utility,  CP&  L,  did  investigate  interference  to  their  network  and  determined  that  the  false  signals  were  coming  from  stray 
 radio  signals.  51 
 20.  ComEd  asserts  that  amateur  radio  licensees  may  have  difficulty  in  calculating  EIRP,  the  power  measurement  suggested  by  ARRL.  It  argues  that  because  ARRL  suggests  no  restrictions  on 


 antenna  size  or  design,  it  would  be  difficult  to  anticipate  the  gain  of  the  antennas  used.  52  The  Subcommittee  notes  that  a  Dutch  amateur  radio  licensee  has  developed  a  kite-  borne  900-  foot  antenna 
 with  higher  efficiencies  53  that  allows  the  amateur  station  EIRP  to  be  in  the  range  of  10-  15  W  with  a  transmitter  output  power  of  150  watts.  54 


 45  Id. 
 46  See,  e.  g.,  Ex  parte  Comments  of  Commonwealth  Edison,  dated  March  8,  1999,  at  4,  and  Comments  of  Alabama  Power, 
 Georgia  Power,  Gulf  Power,  Michigan  Power  and  Savannah  Electric  at  1. 
 47  See  Ex  parte  Comments  of  the  IEEE  Relay  Communications  Subcommittee,  dated  February  12,  2001,  at  3. 


 48  See  Ex  parte  Comments  of  the  IEEE  Relay  Communications  Subcommittee,  dated  January  29,  1999,  at  1. 
 49  See  Ex  parte  Comments  of  Commonwealth  Edison,  dated  March  8,  1999,  at  4. 
 50  See  Ex  parte  Comments  of  Southeast  Reliability  Council  at  1  and  the  Ex  parte  Florida  Reliability  Council  at  1. 
 51  See  Ex  parte  Comments  of  UTC  at  4. 
 52  See  Ex  parte  Comments  of  Commonwealth  Edison,  dated  March  8,  1999,  at  3. 
 53  The  longer  the  antenna,  the  more  radiated  power  that  can  be  achieved  with  the  same  transmitter  output  power.  By  attaching  a 
 wire  to  a  kite,  the  Dutch  amateur  radio  operator  effectively  created  a  long-  wire  antenna  much  closer  in  length  to  ideal  quarter-wave  monopole  length.  The  higher  the  efficiency  of  an  antenna,  the  more  power  can  be  radiated  from  it  for  a  given  transmitter 


 output  power.  For  example,  under  the  current  antenna  length  limit  of  15  m  (See  47  CFR    15.  217)  antenna  efficiencies  are 
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 21.  In  reply  ARRL,  states  that  its  analysis  assumes  zero  ground  loss  between  the  amateur  stations  and  PLC  systems  and  thus  leads  to  overstatement  of  the  separation  distance  necessary  to  protect  a 
 PLC  system;  the  actual  distances  should  be  much  less.  55  ARRL  states  that  an  amateur  LF  station  would  have  to  be  mounted  on  a  utility  pole  to  cause  co-  channel  interference.  56  Lastly,  ARRL  claims  that  amateur 
 service  stations  would  not  exceed  power  limitations  because  the  antenna  efficiency  would  limit  radiation  from  a  200  W  PEP  transmitter  to  under  0.5  W  EIRP.  Further,  ARRL  notes  that  its  proposal  would  limit 
 access  to  the  LF  allocation  to  licensees  who  have  demonstrated  competence  by  passing  an  examination,  and  that  it  would  publish  a  LF  handbook  for  amateur  radio  operators  use.  57 


 C.  Proposal 
 22.  We  are  persuaded  by  ARRLs  arguments  to  consider  whether  a  secondary  amateur  service  allocation  in  the  LF  range  of  the  spectrum  would  serve  the  public  interest  because  amateur 


 experimentation  could  lead  to  a  better  understanding  of  communication  techniques  in  this  frequency  range.  As  discussed  below,  we  are  proposing  to  allocate  the  135.7-  137.8  kHz  band  to  the  amateur  service 
 on  a  secondary  basis.  This  allocation  would  allow  amateur  radio  operators  the  ability  to  experiment  more  freely  with  propagation,  antenna  design  and  antenna  construction.  However,  we  are  concerned  about 
 potential  interference  to  PLC  systems  in  the  160-  190  kHz  band.  We  declined  previously  to  provide  an  allocation  for  the  amateur  service  in  the  160-  190  kHz  band  because  of  potential  interference  to  PLC 
 systems,  and  we  believe  that  PLC  use  of  this  band  continues  to  pose  sharing  problems  with  an  amateur  service  allocation.  Therefore,  we  are  not  proposing  an  allocation  in  the  160-  190  kHz  band,  although 
 amateur  use  of  the  160  kHz  band  may  continue  under  our  Part  15  rules. 
 23.  Incumbent  use  of  the  135.7-  137.8  kHz  band  is  relatively  light  and  thus  a  secondary  amateur  service  allocation  in  this  band  raises  few  concerns.  An  analysis  of  a  portion  of  the  UTC  database 


 of  PLC  systems  by  Commission  staff  shows  that  PLC  system  density  is  significantly  less  in  the  135.7-  137.8  kHz  band  than  in  the  160-  190  kHz  band.  58  Consequently,  there  should  be  many  areas  where  PLC 
 systems  would  not  be  in  close  proximity  to  any  future  amateur  operations.  Further,  domestic  primary  services  in  this  band  would  be  minimally  affected  by  an  amateur  service  allocation.  The  Government 
 Master  File  (  GMF)  and  Commissions  databases  identify  only  one  Federal  Government  assignment  in  the  135.  7-  137.  8  kHz  band.  The  amateur  service  has  extensive  experience  in  operating  on  a  secondary 
 basis  with  primary  status  services  in  frequency  bands  with  long  range  capabilities  and  we  believe  the  same  would  apply  here.  We  expect  that  interference  would  be  rare  because  amateur  radio  operators  have 
 apparently  demonstrated  their  effective  use  of  the  listen-  before-  transmit  protocol,  which  also  can  be  utilized  with  the  primary  users  of  this  band.  Regarding  the  RFID  uses  in  the  lower  adjacent  band  and  the 


 (Continued  from  previous  page) 
 approximately  0.  02%.  If  the  allowable  antenna  length  is  increased  to  60  m,  then  the  efficiency  increases  to  1%.  Thus  an  EIRP  of  0.04  W  radiating  from  a  15  meter  antenna  increases  to  2W  when  a  60  meter  antenna  is  used.  See  LF  Petition  at  13. 


 54  See  Ex  parte  Comments  of  The  IEEE  Relay  Communications  Subcommittee,  dated  January  29,  1999,  at  1 
 55  Id.  at  6. 
 56  Id.  at  6-  7. 
 57  Id.  at  7. 
 58  UTC  maintains  a  database  in  accordance  with  47  C.  F.  R.    90.  35  (g).  This  database  was  established  in  order  to  provide 
 information  on  PLC  use  by  utilities  and  also  to  assist  in  coordination  with  other  primary  uses  of  the  10-  490  kHz  band.  Our  analysis  showed  that  there  were  approximately  430  PLC  systems  in  operation  in  400  locations  in  the  United  States  in  the  135.7- 


 137.8  kHz  band. 
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 PLC  use  in-  band,  we  propose  technical  rules  that  are  intended  to  minimize  any  impact  from  these  amateur  station  operations  on  unlicensed  equipment  use.  We  seek  comment  on  this  assessment. 
 24.  While  there  is  no  international  allocation  to  the  amateur  service  at  135.7-  137.8  kHz  in  the  International  Table  of  Allocations,  we  note  that  the  European  Posts  and  Telecommunications  Commission 
 (  CEPT)  has  allocated  this  band  to  the  amateur  service  on  a  secondary  basis  and  individual  administrations  are  granting  amateur  radio  operators  additional  technical  flexibility  for  their  LF 
 operations.  We  also  note  that  Canada  has  recently  proposed  a  secondary  allocation  of  the  135.7-  137.8  kHz  band  for  the  amateur  service  in  Region  2,  which  may  be  considered  at  the  2003  World  Radio 
 Conference  (  WRC-  03).  59  We  believe  that  a  domestic  secondary  amateur  service  allocation  in  the  135.7-  137.  8  kHz  band  would  provide  a  chance  to  harmonize  amateur  LF  allocations  and  promote 
 international  exploration  of  a  common  band.  In  the  absence  of  an  international  allocation,  however,  we  propose  to  adopt  certain  technical  limitations  on  amateur  radio  operations  in  this  band  so  that  they  should 
 not  cause  interference  to  primary  services  outside  of  the  United  States.  We  request  comment  on  whether  there  are  any  specific  spectrum  sharing  concerns  between  amateur  station  operations  and  domestic  or 
 international  primary  allocation  operations  in  the  135.7-  137.8  kHz  band. 
 25.  We  propose  to  require  that  amateur  stations  in  the  135.7-  137.8  kHz  band  meet  the  technical  limits  suggested  by  Canada  in  the  WRC-  03  preparatory  process,  noted  above.  60  As  provided  in 


 the  Canadian  proposal,  we  believe  that  sharing  of  this  spectrum  would  be  facilitated  if  the  amateur  station  is  limited  to  an  EIRP  of  1  W  and  the  transmission  bandwidth  is  limited  to  100  Hz.  Because  of  possible 
 difficulty  in  measuring  the  EIRP  of  the  amateur  station  in  this  frequency  range,  as  noted  by  ComEd,  we  additionally  propose  to  limit  amateur  output  power  in  this  band  to  100  W  PEP.  We  seek  comment  on 
 whether  these  limits  on  EIRP  and  PEP  are  appropriate.  We  propose  no  restrictions  on  antenna  size  or  design  for  amateur  stations  because  such  restrictions  would  inhibit  experimentation,  and  we  believe  that 
 interference  to  other  users  can  be  adequately  addressed  by  the  proposed  power  limitations.  We  also  propose  to  limit  access  to  this  band  to  amateur  operators  holding  a  General,  Advanced,  or  Amateur  Extra 
 Class  license,  as  requested  by  ARRL,  as  a  way  to  insure  amateur  operations  would  be  conducted  in  a  manner  that  minimizes  the  interference  potential  to  other  users.  We  note  that  with  an  allocation  of  only 
 2.1  kilohertz  of  spectrum  in  this  band,  amateur  radio  operations  may  be  limited  to  propagation  experiments,  telegraphy  and  low  speed  data  applications.  Nonetheless,  this  allocation  would  benefit 
 amateur  experimentation  of  the  LF  range.  We  seek  comment  on  all  of  these  proposals  for  a  secondary  amateur  service  allocation  in  the  135.7-  137.8  kHz. 


 26.  In  declining  to  propose  a  secondary  amateur  service  allocation  for  the  160-  190  kHz  band,  we  observe  that  while  the  number  of  incumbent  primary  users  in  this  band  has  decreased  over  the  years, 
 the  record  and  Commission  staff  analysis  shows  that  significant  PLC  use  continues  in  this  band  in  many  locations.  61  The  wider  bandwidth  in  the  160-  190  kHz  band  increases  the  number  of  PLC  systems 
 potentially  impacted.  Further,  while  newer  technologies  may  be  implemented  where  possible,  PLC  systems  are  not  being  replaced  or  retrofitted  with  these  new  technologies  in  many  areas.  Therefore,  we 
 continue  to  be  concerned  about  the  interference  potential  that  a  secondary  amateur  service  allocation  would  have  on  PLC  systems.  We  also  observe  that,  unlike  the  situation  with  the  135.7-  137.  8  kHz  band, 
 there  does  not  appear  to  be  interest  internationally  in  adding  amateur  services  in  the  160-  190  kHz  band. 


 59  See  Document  PCC.  III/  doc.  2171/  02,  Draft  Proposals  for  the  Work  of  the  Conference  WRC-  03  Agenda  Item  1.1,  submitted  by 
 Canada,  dated  February  11,  2002.  A  copy  of  this  document  will  be  placed  in  the  docket  file. 
 60  Supra,  n.  80. 


 61  Our  analysis  showed  that  there  were  approximately  4900  PLC  systems  in  operation  in  3000  locations  in  the  United 
 States  in  the  160-  190  kHz  band. 
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 27.  Amateur  radio  operations  in  the  160-  190  kHz  band  under  the  Part  15  rules  will  not  be  affected.  Under  these  rules,  amateur  operations  must  meet  certain  power  and  antenna  length 
 requirements,  but  they  also  are  allowed  to  build  and  operate  some  equipment  of  their  own  design.  62  We  thus  note  that  amateurs  do  have  some  flexibility  to  achieve  wideband  communications  and  thus,  the  need 
 to  provide  a  secondary  amateur  service  allocation  in  the  160-  190  kHz  band  is  reduced.  We  seek  comment  on  our  tentative  decision  to  not  provide  the  allocation  in  this  band  that  ARRL  requested. 


 28.  Finally,  we  recognize  that  spectrum  in  both  the  135.7-  137.8  kHz  and  160-  190  kHz  bands  could  be  used  more  efficiently  if  potential  operators  knew  where  other  users  of  the  spectrum  were  located 
 and  could  avoid  them.  UTC  has  maintained  a  database  of  PLC  locations  in  order  to  notify  primary  Federal  Government  users  of  PLC  operations.  We  request  comment  on  whether  this  database  provides  sufficient 
 information  for  use  by  amateur  operators  and  how  such  access  could  be  provided. 
 III.  5250-  5400  kHz  BAND  (RM-  10209) 
 A.  Background  and  Summary  of  Petition 
 29.  Internationally,  in  all  three  ITU  Regions,  the  band  5250-  5400  kHz  is  allocated  on  a  primary  basis  to  the  fixed  service,  and  on  a  secondary  basis  to  the  mobile,  except  aeronautical  mobile, 


 service.  There  is  currently  no  international  amateur  service  allocation  in  this  band. 
 30.  In  the  United  States,  the  5250-  5400  kHz  band  is  allocated  to  the  fixed  service  on  a  primary  basis  for  Federal  Government  and  non-  Federal  Government  use  and  on  a  secondary  basis  to  the 


 mobile,  except  aeronautical  mobile,  service.  In  addition,  footnote  US340  to  the  U.  S.  Table  of  Frequency  Allocations  permits  Federal  and  non-  Federal  Government  maritime  and  aeronautical  mobile  stations  to 
 use  bands  in  the  2-  30  MHz  region  for  measuring  the  quality  of  reception  on  radio  channels  on  a  secondary,  non-  interference  basis;  actual  communication  by  these  stations  is  limited  to  frequencies 
 specifically  allocated  to  these  services.  The  band  is  primarily  used  by  the  United  States  Government  for  ship-  to-  shore  and  fixed  point-  to-  point  communications.  There  is  also  a  limited  amount  of  non-  Federal 
 Government  use.  In  addition,  on  January  8,  1999,  the  Commission  granted  an  experimental  license  to  ARRL  for  15  stations  to  compare  communications  reliability  between  the  3500-  4000  kHz,  5100-  5450 
 kHz  and  7000-  7300  kHz  bands.  63 
 31.  On  July  24,  2001,  ARRL  filed  a  Petition  for  Rule  Making  64  (  5000  kHz  Petition)  requesting  that  we  amend  Parts  2  and  97  of  our  Rules  to  create  a  domestic  secondary  amateur  service 


 allocation  in  the  5250-  5400  kHz  band.  65  ARRL  claims  that  there  is  a  current  need  for  150  kilohertz  of  usable  spectrum  around  5000  kHz  for  the  amateur  service,  and  that  this  action  is  needed  to  fill  the 
 ionospheric  propagation  gap  between  the  propagation  paths  provided  by  the  amateur  service  allocations  in  the  3500-  4000  kHz  and  7000-  7300  kHz  bands.  66  ARRL  claims  that  there  are  times  when  the  existing 


 62  See  47  C.  F.  R.    15.  23  (the  rule  allows  for  an  amateur  to  construct  no  more  than  five  home-  built  devices  that  are 
 not  marketed  or  not  constructed  from  a  kit). 
 63  File  number  6206-  EX-  PL-  1998,  call  sign  WA2XSY. 


 64  See  Petition  For  Rule  Making,  RM-  10209,  Public  Notice  (rel.  Aug.  13,  2001)  Report  No.  2501. 
 65  The  5000  kHz  Petition  specifically  requests  amendment  of  47  CFR    2.106;  97.  13(  c)(  1);  97.  301(  b),  (c),  and  (d);  97.303,  and 
 97.305. 
 66  HF  communications  rely  on  the  electric  charging  (ionization)  of  the  ionosphere  (atmospheric  altitudes  between  50-  500  km)  to 
 refract  the  radio  signal  back  to  Earth.  This  charging  is  caused  when  the  suns  radiation  collides  with  uncharged  atoms  in  the  Earths  atmosphere,  producing  free  electrons  which  affect  the  frequencies  that  will  be  refracted.  The  ionosphere  varies  with  the 


 solar  cycle,  the  seasons,  and  the  time  of  day  and  thus,  the  frequencies  that  are  refracted  vary  correspondingly.  Frequencies  which 
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 amateur  service  allocations  in  the  3500-  4000  kHz  and  7000-  7300  kHz  bands  do  not  provide  reliable  communications  due  to  solar  cycles,  and  seasonal  and  daily  variations  in  the  ionosphere.  67  ARRL  also 
 states  that  an  allocation  in  the  5000  kHz  range  would  provide  optimum  propagation  conditions  on  occasions  when  ionospheric  conditions  do  not  permit  the  use  of  other  frequency  bands.  For  example,  it 
 states  that  during  the  summer  months,  frequencies  in  the  3500  kHz  band  have  excessive  atmospheric  noise  for  the  transmitter  power  used,  while  the  7000  kHz  band  may  penetrate  the  ionosphere.  68  ARRL 
 further  claims  that  this  propagation  gap  occasionally  interrupts  emergency  communications  by  amateur  radio  operators  between  the  U.  S.  and  the  Caribbean  islands  during  hurricanes  and  severe  weather 
 disasters.  69  Further,  ARRL  argues  that  amateur  stations  use  relatively  low  power  and  increasingly  use  digital  modulation  requiring  low  multipath  delay,  so  that  operating  frequencies  should  be  chosen  near  the 
 maximum  usable  frequency  for  the  desired  path  and  time.  It  also  argues  that  an  allocation  in  the  5000  kHz  range  would  relieve  what  is  periodically  substantial  overcrowding  of  the  3500  kHz  and  7000  kHz 
 bands. 
 32.  The  ARRL  submits  that  the  experimental  operations  authorized  by  the  Commission  in  1999,  and  modified  in  2000,  show  that  amateur  stations  can  co-  exist  with  incumbent  operations  without 


 causing  harmful  interference.  70  Additionally,  based  upon  the  results  of  its  own  tests  and  computer  analyses  authorized  under  this  experimental  assignment,  ARRL  asserts  that  propagation  in  the  5000  kHz 
 band  is  predicted  to  be  more  stable  near  sunrise  and  sunset  for  amateur  radio  communications,  while  the  7000  kHz  band  is  better  at  night  and  the  3500  kHz  band  is  better  during  the  day.  Further,  ARRL  points 
 out  that  the  noise  level  at  3500  kHz  is  higher  than  in  the  5000  kHz  or  7000  kHz  bands,  which  degrades  the  signal  level  and  performance.  71 


 33.  ARRL  notes  that  the  U.  S.  Department  of  Commerce  (  DOC)  published  several  spectrum  requirements  reports  that  support  this  new  amateur  requirement.  72  Additionally,  it  contends  that 
 the  International  Amateur  Radio  Union  has  established  a  requirement  for  a  narrow  allocation  near  5000  kHz  to  account  for  changes  in  propagation  conditions.  It  also  submits  that  there  are  pending  proposals  for 
 an  amateur  allocation  around  5000  kHz  in  Europe.  For  example,  it  indicates  that  the  United  Kingdom  is  studying  the  5245-  5445  kHz  band  to  address  propagation,  noise  and  congestion  problems  for  amateur  HF 
 communications.  73 


 (Continued  from  previous  page) 
 provide  reliable  communication  at  one  time  may  not  do  so  a  short  time  later.  There  are  times  when  the  3500-  4000  kHz  band  is  too  low  and  the  7000-  7300  kHz  is  too  high  for  reliable  communication.  If  the  frequency  is  too  high,  the  wave  will  penetrate  the 
 ionosphere  and  not  be  refracted;  if  it  is  too  low,  the  signal  may  be  absorbed  by  the  atmosphere.  See  5000  kHz  Petition  at  1-  2 
 67  See  5000  kHz  Petition  (RM-  10209)  at  2. 


 68  Id. 
 69  Id.  at  2.  ARRL  also  contends  that  experimental  tests  in  the  5200  kHz  band  have  been  successful  in  providing  a 
 communications  path  between  the  U.  S.  and  Caribbean  countries. 
 70  Id.  at  6. 


 71  Id.  at  16. 
 72  See  Department  of  Commerce,  U.  S.  National  Spectrum  Requirements:  Projections  and  Trends,  NITA  Special  Publication  94- 
 31,  March  1995.  See  also  Department  of  Commerce,  High  Frequency  Spectrum  Planning  Options,  NTIA  Special  Publication  96-  332,  November  1996.  ARRL  contends  that  while  the  DOC  reports  focused  on  the  4945-  4995  kHz  band,  it  was  only  to  illustrate 


 that  an  allocation  around  5000  kHz  is  needed. 
 73  See  5000  kHz  Petition.  at  5-  6. 
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 34.  ARRL  argues  that  the  trend  for  incumbent  5000  kHz  fixed  service  operations  is  to  migrate  to  alternative  technologies  such  as  microwave,  satellite  and  fiber  for  long  haul  communications.  74 
 It  therefore  believes  that  this  band  should  become  increasingly  available  for  amateur  radio  use.  ARRL  indicates  that  the  5250-  5400  kHz  segment  is  the  least  encumbered  portion  of  the  5100-  5450  kHz  band. 
 ARRL  also  claims  that  the  low  utilization  of  this  band  by  Federal  Government  operators  would  permit  the  amateur  stations  to  dynamically  select  frequencies  to  avoid  interference  to  primary  services,  and  that  such 
 dynamic  frequency  selection  has  been  demonstrated  at  10  MHz.  75  Further,  ARRL  asserts  that  since  the  Commission  authorized  ARRL  to  conduct  experimental  operations  in  this  band  in  1999,  there  have  been 
 no  reports  of  interference  attributable  to  amateur  operations.  76  Finally,  ARRL  proposes  that  the  technical  rules  for  this  band  be  similar  to  the  rules  for  the  3500  kHz  and  7000  kHz  bands,  i.  e.,  output  power  be 
 limited  to  1500  watts  PEP  with  the  entire  band  limited  to  RTTY,  data,  phone  and  image  emission  types.  77 
 B.  Comments 
 35.  Eighty-  seven  parties  filed  comments  to  the  5000  kHz  Petition;  eighty-  five  of  which  support  the  request.  78  While  not  stating  that  he  opposes  the  ARRL  petition,  Taylor  indicates  that  the 


 Commission  should  carefully  investigate  the  allegation  that  propagation  on  3500  kHz  and  7000  kHz  does  not  provide  adequate  coverage.  79  Similarly,  Grant  asserts  that  amateur  radio  operators  should  more 
 efficiently  manage  their  operations,  and  could  thereby  alleviate  any  interference  or  overcrowding  problems  in  the  existing  3500  kHz  or  7000  kHz  bands.  80 


 36.  Some  comments  suggest  power  limits  for  amateur  stations  in  the  5000  kHz  band.  Allen  states  that  he  does  not  support  the  use  of  1500  Watts  PEP,  because  of  the  costs  associated  with  buying 
 high-  powered  equipment  and  the  need  for  a  level  playing  field  between  those  who  can  and  those  who  cannot  afford  to  buy  the  high-  powered  systems.  81  Ponsness  and  Perkins  suggest  that  output  power  should 
 be  limited  to  200  watts  PEP  to  prevent  interference  to  other  services.  82  Gustafson  suggests  a  power  limit  of  250  Watts  PEP.  83  The  parties  did  not  provide  analytical  support  or  studies  regarding  their  suggested 
 power  limits. 
 37.  Some  comments  propose  that  this  band  be  subdivided  to  allow  digital,  wide-  band  and  CW  84  communications.  Ellis  states  that  the  band  5250-  5275  kHz  should  be  used  for  CW,  the  band  5275- 


 74  See  Department  of  Commerce,  U.  S.  National  Spectrum  Requirements:  Projections  and  Trends,  NITA  Special  Publication  94- 
 31,  March  1995. 
 75  Id.  at  3. 


 76  Id.  at  6. 
 77  Id.  at  17.  The  report  on  ARRLs  experimental  operation  is  contained  within  Annex  2  of  the  5000  kHz  Petition,  starting  at  page 
 15. 
 78  Commenters  are  listed  in  Appendix  B. 


 79  See  Comments  of  Taylor  at  1. 
 80  See  Comments  of  Grant  at  1. 
 81  See  Comments  of  Allen  at  1. 
 82  See  Comments  of  Ponsness  at  1  and.  Perkins  at  1,  respectively. 
 83  See  Comments  of  Gustafson  at  1. 
 84  See  footnote  17,  supra. 
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 5325  kHz  for  digital  and  the  rest  for  wide-  band  signals  such  as  single-  sideband  (  SSB)  85  communications.  86  DeCaria  suggests  that  the  lowest  75  kilohertz  of  the  band  be  used  for  digital  because 
 of  the  incompatibility  between  SSB  and  digital  signals.  87  McVey  proposes  that  the  lowest  25  kilohertz  of  the  band  be  set  aside  for  CW  and  digital  modes  of  communication  because  of  the  incompatibility  between 
 SSB  and  these  signals.  88  Koles  suggests  that  5250-  5300  kHz  band  be  used  for  CW/  digital  modes  and  the  rest  for  SSB.  89  Tannehill  and  Gustafson  do  not  believe  that  sub-  banding  is  necessary.  Tannehill  prefers 
 to  rely  on  good  practice  to  keep  the  communications  modes  separate,  while  Gustafson  states  that  sub-banding  will  hamper  future  technical  development.  90 


 C.  Proposal 
 38.  We  agree  with  ARRL  that  propagation  and  interference  conditions  in  the  3500  kHz  and  7000  kHz  bands  could  hinder  effective  amateur  HF  communications.  In  particular,  as  ARRL  indicates, 


 the  nature  of  the  ionosphere  prevents  communications  during  certain  portions  of  the  day  because  of  increased  atmospheric  noise  levels  at  certain  times  on  certain  frequencies,  or  decreased  ionization  allows 
 the  transmission  to  penetrate  the  ionosphere  at  other  times  and  frequencies.  ARRLs  experimentation  appears  to  support  its  contention  that  the  5000  kHz  frequency  band  can  be  effective  in  supporting 
 communication  when  the  3500  kHz  and  7000  kHz  bands  are  not.  As  pointed  out  by  Taylor,  the  primary  allocation  to  broadcasting  in  Europe  and  parts  of  Asia  hinders  certain  amateur  operations  in  two-  thirds  of 
 the  7000  kHz  band  in  the  evenings.  However,  while  amateur  radio  use  of  the  7000  kHz  band  is  on  a  primary  basis  in  ITU  Region  2,  footnote  S5.142  indicates  that  the  amateur  service  cannot  impose 
 constraints  on  the  broadcasting  services  in  Regions  1  and  3,  and  thus  must  operate  around  the  primary  users.  91  A  new  allocation  in  the  5000  kHz  frequency  range  would  permit  amateur  service  operations 
 when  other  bands  cannot  be  used.  Therefore,  we  tentatively  conclude  that  the  amateur  service  would  benefit  from  a  secondary  allocation  in  the  5250-  5400  kHz  band  and  propose  to  establish  such  an 
 allocation.  We  request  comment  on  this  proposal. 
 39.  It  appears  that  amateur  radio  operators  should  be  able  to  avoid  interference  to  primary  operations  in  this  band  due  to  the  limited  numbers  of  primary  assignments  92  which  are  authorized  for 


 operation  in  the  5250-  5400  kHz  band,  and  their  experience  in  sharing  HF  frequencies  in  other  bands.  The  operational  protocol  of  listen  before  transmit  employed  by  amateur  radio  operators  should  further 
 minimize  interference.  We  note  that  currently  this  technique  is  not  explicitly  required  by  our  Rules  and  we  request  comment  on  whether  it  should  be  explicitly  stated  in  the  Rules  in  order  to  protect  the  primary 
 operators  in  the  5250-  5400  kHz  band.  We  propose  to  limit  the  output  power  of  the  amateur  stations  to  1500  W  PEP  as  requested  by  ARRL.  Further,  we  invite  comments  as  to  whether  the  5250-  5400  kHz  band 
 should  be  restricted  to  Amateur  radio  operators  with  an  Amateur  Extra  Class  license  to  better  ensure  compatible  sharing  with  the  Federal  Government  operations,  or  could  the  band  also  be  made  available  to 


 85  Single-  sideband  signals  are  amplitude-  modulated  signals  where  only  one  of  the  sidebands  is  transmitted. 
 86  See  Comments  of  Ellis  at  1. 
 87  See  Comments  of  DeCaria  at  1. 
 88  See  Comments  of  McVey  at  1. 
 89  See  Comments  of  Koles  at  1. 
 90  See  Comments  of  Tannehill  at  1  and.  Gustafson  at  1,  respectively. 
 91  Europe  is  in  ITU-  R  Region  1  and  Asia  is  in  ITU-  R  Region  3. 
 92  A  search  of  the  Government  Master  File  and  the  Commissions  license  databases  in  this  band  in  January  2002  found  a  total  of 
 757  assignments.  Twenty-  six  of  those  assignments  are  non-  Federal  Government. 
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 operators  with  a  General  or  Advanced  Class  license  just  as  in  the  10,100-  10,150  kHz  band  (30  meter  band).  93  We  invite  comment  on  whether  the  power  limit  and  operator  license  requirement  are  sufficient 
 to  prevent  interference  to  primary  users,  and  whether  an  EIRP  limit  would  also  be  appropriate  for  this  frequency  band.  We  also  invite  comment  on  other  means  that  will  reduce  potential  interference. 


 40.  The  5000  kHz  Petition  does  not  discuss  sub-  banding  and  ARRLs  suggested  rules  would  allow  all  emission  types  to  use  the  entire  band.  94  We  note  that  several  commenters  suggest  that  sub-banding 
 would  be  useful.  We  further  note  that  Section  97.305  of  our  Rules  segregates  digital  modes  from  other  amateur  station  emission  modes  in  the  3500  kHz  and  7000  kHz  bands  to  protect  narrow  band 
 emissions  like  data  from  wider  emissions  like  single-  side  band  voice.  95  We  request  comment  on  whether  sub-  banding  is  necessary  and/  or  appropriate  for  the  5000  kHz  band  as  well. 


 IV.  2400-  2402  MHz  BAND  (RM-  9949) 
 A.  Background  and  Summary  of  Petition 
 41.  Internationally,  in  all  three  ITU  Regions,  the  band  2300-  2450  MHz  is  allocated  on  a  co-primary  basis  to  the  fixed  and  mobile  services  and  on  a  secondary  basis  to  the  amateur  service.  In 


 addition,  this  band  is  allocated  to  the  radiolocation  service  on  a  co-  primary  basis  in  ITU  Regions  2  and  3,  and  on  a  secondary  basis  in  Region  1.  Further,  in  all  three  ITU  Regions,  industrial,  scientific  and  medical 
 (  ISM)  devices  operate  in  the  2400-  2500  MHz  band  and  other  radiocommunication  services  operating  in  this  band  must  accept  interference  caused  by  ISM  devices.  96  The  amateur-  satellite  service  is  also 
 permitted  in  the  2400-  2450  MHz  band  on  a  non-  harmful  interference  basis  and  administrations  must  ensure  that  any  harmful  interference  created  by  amateur-  satellite  operations  is  eliminated.  97  In  the  United 
 States,  unlicensed  Part  15  transmitting  devices  are  also  permitted  in  the  2400-  2483  MHz  band  on  a  non-harmful  interference  basis.  98  These  devices  are  used  for  a  variety  of  operations  including  cordless  phones, 
 wireless  local  area  networks,  and  other  broadband  wireless  applications  using  industry  standards  protocols  such  as  IEEE  802.11b  and  Bluetooth.  99 


 42.  Prior  to  August  10,  1995,  the  2400-  2402  MHz  band  was  allocated  domestically  to  Federal  Government  radiolocation  operations  100  on  a  primary  basis  and  to  the  amateur  service  on  a 
 secondary  basis  with  amateur-  satellite  operations  permitted  on  a  non-  harmful  interference  basis. 


 93  See  47  C.  F.  R.  97.303(  d). 
 94  See  5000  kHz  Petition  at  19. 
 95  See  47  C.  F.  R.    97.305. 
 96  See  47  C.  F.  R.    2.106  footnote  S5.150.  ISM  devices  are  equipment  or  application  designed  to  generate  and  use  locally  RF 
 energy  for  industrial,  scientific,  medical,  domestic  or  similar  purposes,  excluding  applications  in  the  field  of  telecommunication.  Typical  ISM  applications  are  the  production  of  physical,  biological,  or  chemical  effects  such  as  heating,  ionization  of  gases, 


 mechanical  vibrations,  hair  removal  and  acceleration  of  charged  particles.  See  also  47  C.  F.  R.  18.107. 
 97  See  47  C.  F.  R.  2.  106  footnote  S5.282. 


 98  See  47  C.  F.  R.  15.247(  b)(  1),  which  permits  higher-  powered  operations  in  this  frequency  band  for  spread  spectrum 
 transmitters. 
 99  See  47  C.  F.  R.    15.24  and  15.249. 


 100  The  Federal-  Government  allocation  was  used,  to  a  limited  extent,  by  the  military  for  radar  testing  systems  such  as  target 
 scattering  and  enemy  radar  simulators.  See  NTIA,  Spectrum  Reallocation  Final  Report,  NTIA  Special  Publication  95-  32  (rel.  Feb.  1995). 
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 However,  pursuant  to  the  Omnibus  Budget  Reconciliation  Act  of  1993  (  OBRA-  93),  101  the  National  Telecommunications  and  Information  Administration  (  NTIA)  identified  the  2390-  2417  MHz  band  for 
 transfer  from  shared  use  to  exclusive  non-  Federal  Government  use  spectrum.  102  ISM  operations  are  also  permitted  throughout  the  2400-  2500  MHz  band  within  the  United  States  under  the  provisions  of  footnote 
 S5.150  to  the  Table  of  Frequency  Allocations  and  Part  18  of  the  Commissions  rules.  Currently,  the  amateur  service  remains  on  a  secondary  basis  with  ISM  operations  and  the  amateur-  satellite  service  on  a 
 non-  harmful  interference  basis.  Any  Federal  Government  operations  in  the  2400-  2402  MHz  band  after  August  10,  1995,  are  on  a  non-  interference  basis  to  non-  Federal  Government  uses.  103 


 43.  On  November  18,  1999,  the  Commission  adopted  a  Policy  Statement  to  set  forth  guiding  principles  for  its  spectrum  management  activities  for  the  new  millennium.  104  In  considering  the  bands 
 transferred  from  Federal  Government  use,  the  Policy  Statement  concluded  that  the  2400-  2402  MHz  band  should  be  placed  into  a  spectrum  reserve  for  future  applications.  Specifically,  the  Policy  Statement 
 indicated  that  existing  ISM  and  unlicensed  usage  of  the  band  would  restrict  new  services  given  current  spectrum  sharing  techniques.  Therefore,  the  band  would  be  reserved  until  new  technologies  or  other 
 changes  would  increase  the  opportunity  for  new  operations  and  that  the  Commission  would  be  receptive  to  petitions  for  reallocation  of  the  reserved  bands. 


 44.  In  response  to  the  Policy  Statement,  the  ARRL  filed  the  subject  Petition  for  Rule  Making  105  (  2400  MHz  Petition)  on  July  17,  2000,  requesting  that  we  amend  Sections  2.106  and 
 97.303(  j)  (2)  of  our  Rules  to  upgrade  the  domestic  allocation  of  the  amateur  radio  service  in  the  2400-  2402  MHz  band  from  secondary  status  to  primary  status  and  add  a  primary  allocation  for  the  amateur-satellite 
 service.  106  ARRL  states  that  such  an  action  would  ensure  continued  unfettered  access  to  the  2400-  2402  MHz  band  by  the  amateur  service.  107 


 45.  In  support  of  its  request,  ARRL  indicates  that  a  primary  allocation  to  the  amateur  service  would  protect  its  operations  from  reallocation  or  use  by  an  incompatible  sharing  partner.  ARRL  states 
 that  amateur  radio  operators  use  this  band  for  both  analog  and  digital  satellite  uplink  and  downlink  operations.  108  ARRL  argues  that  the  amateur-  satellite  service  currently  operates  in  the  2400-  2450  MHz 
 band  on  a  non-  harmful  interference,  non-  protected  basis,  principally  for  engineering  beacon  operations.  109  ARRL  submits  that  primary  allocation  status  in  this  range  will  sustain  the  overwhelming  costs  and 
 dedication  of  time  and  effort  required  to  keep  the  amateur-  satellite  program  flourishing,  and  provide  some 
 101  See  OBRA-  93,    6001(  a)  (codified  at  47  U.  S.  C.    923(  a)-(  b)). 
 102  In  doing  so,  NTIA  took  note  of  the  Congressional  requirement  that  amateur  operations  were  to  be  minimally  disrupted  by  the 
 reallocations.  See  NTIA  Spectrum  Reallocation  Final  Report,  NTIA  Special  Report  95-  32,  February  1995,  at  4-  30. 
 103  See  47  C.  F.  R.  2.  106  footnote  G123. 


 104  See  Policy  Statement,  FCC  99-  354,  14  FCC  Rcd  19868  (1999). 
 105  See  Petition  for  Rule  Making,  RM-  9949,  Public  Notice  (rel.  Aug.  30,  2000)  Report  No.  2433. 
 106  See  47  C.  F.  R.    2.106  and  97.303(  j)(  2). 
 107  See  2400  MHz  Petition  at  4-  5. 
 108  See  2400  MHz  Petition  at  7. 
 109  A  beacon  is  an  amateur  station  transmitting  communications  for  the  purposes  of  observation  of  propagation  and  reception  or 
 other  related  experimental  activities.  See  47  C.  F.  R.    97.  3  (a)  (9).  Operation  of  a  beacon  station  is  permitted  as  specified  in  47  C.  F.  R.    97.  203.  ARRL  also  lists  the  following  satellite  operations  that  use  the  2400-  2402  MHz  segment:  UoSAT-  OSCAR  9, 


 AMSAT-  OSCAR  13,  PACSAT-  OSCAR  16,  DOVE-  OSCAR  17,  and  AMSAT-  P3D.  See  Amateur  Spacecraft  Statistics  Chart  in  the  ARRL  Radio  Amateurs  Satellite  Handbook,  at  Appendix  A,  pages  1-  6. 
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 assurances  of  future  occupancy  of  the  band  for  the  next  generation  of  amateur  satellites.  110  Further,  the  amateur  service  community  indicates  that  the  2400-  2402  MHz  band  is  needed  for  broadband  analog  and 
 digital  applications  on  its  Phase  3D  satellite.  111 
 46.  ARRL  contends  that  upgrading  the  amateur  and  amateur-  satellite  service  allocations  in  this  band  would  not  impose  constraints  on  co-  frequency  Part  15  and  Part  18  devices  because  this  band  is 


 located  at  the  lower  edge  of  the  segment  in  which  such  devices  operate,  and  because  of  the  geographic  separation  typically  encountered  between  amateur-  satellite  stations  and  Part  15  and  Part  18  devices. 


 B.  Comments 
 47.  Four  parties  filed  comments  to  the  ARRL  2400  MHz  Petition,  all  supporting  its  requests.  112  Whedbee  states  that  the  amateur  radio  service  has  been  a  long-  standing  contributor  to  state-of- 


 the-  art  telecommunications  technology  and  currently  has  numerous  amateur-  satellite  service  facilities  operating  in  the  band  2400-  2402  MHz.  Murray  states  that  granting  ARRLs  2400  MHz  Petition  would  be 
 of  great  benefit  to  amateur  radio  operators  around  the  world,  who  have  collectively  expended  substantial  amounts  of  money,  time,  and  effort  to  design,  build,  and  launch  amateur  radio  satellites.  Murray  further 
 states  that  the  requested  upgrade  of  the  amateur-  satellite  service  to  primary  status  would  protect  the  significant  investments  made  to  date,  and  would  also  eliminate  concerns  within  the  amateur  service 
 community  that  the  spectrum  may  be  reallocated  and/  or  assigned  to  an  incompatible  use.  113 
 48.  The  Radio  Amateur  Satellite  Corporation  ("  AMSAT")  indicates  that  the  Phase  3D  satellite  was  built  mostly  by  volunteers  from  a  number  of  countries  at  a  cost  of  approximately  $4 


 million.  114  This  satellite  carries  a  group  of  broadband  receivers  that  operate  in  various  bands  available  to  the  amateur-  satellite  service  from  21  MHz  to  5.7  GHz  and  broadband  linear  transmitters  that  operate  in 
 various  amateur-  satellite  service  bands  from  144  MHz  to  24  GHz.  Two  of  Phase  3D's  satellite  transmitters  are  in  the  band  2400-  2402  MHz,  as  is  one  of  its  receivers.  AMSAT  states  that  these 
 transmitters  and  receivers  will  be  heavily  used.  115 
 C.  Proposal 
 49.  We  believe  that  ARRLs  request  to  upgrade  the  allocation  status  of  the  amateur  and  amateur-  satellite  services  in  the  2400-  2402  MHz  band  has  merit.  As  noted  above,  the  Commission  placed 


 this  spectrum  into  a  reserve  for  future  development  because  existing  ISM  and  unlicensed  operations  created  a  spectral  environment  that  would  be  difficult  to  share  with  other  operations.  Nevertheless,  the 
 amateur  service  community  has  succeeded  in  sharing  this  spectrum.  Further,  we  acknowledge  the  amateur  service  communitys  position  that  it  has  invested  time,  effort  and  money  in  the  development  of 
 the  amateur  and  amateur  satellite  services  and  primary  allocations  in  this  band  would  protect  this  investment  from  future  allocation  requests  in  the  band.  Accordingly,  we  propose  to  upgrade  the 


 110  See  2400  MHz  Petition  at  10. 
 111  See  Radio  Amateur  Satellite  Corporation  (  AMSAT)  Comments  at  2  and  Murray  Comments  at  2.  The  Phase  3D  satellite 
 will  use  various  amateur  bands  between  21  MHz  and  5.7  GHz.  The  spacecraft  was  built  by  volunteers  from  a  number  of  countries  at  a  cost  of  approximately  $4  million  dollars. 


 112  A  list  of  these  commenters  is  presented  in  Appendix  C. 
 113  See  Comments  of.  Murray  at  2. 
 114  See  Comments  of  AMSAT  at  2.  The  spacecraft  was  launched  on  November  16,  2000. 
 115  Id. 
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 allocation  for  the  amateur  service  from  secondary  status  to  primary  status  and  to  add  a  primary  allocation  to  the  amateur-  satellite  service  in  the  2400-  2402  MHz  band  in  Parts  2  and  97  of  our  Rules.  We  also  note 
 that  footnote  S5.282  of  the  International  Table  of  Allocations  states  that  the  amateur-  satellite  service  may  operate  subject  to  not  causing  harmful  interference  to  other  services  operating  in  accordance  with  the 
 Table  [of  Allocations].  116  Therefore,  amateur-  satellite  operators  will  not  be  exempted  from  this  requirement  to  protect  operations  of  other  services  outside  of  the  United  States. 


 50.  While  primary  allocations  for  the  amateur  and  amateur-  satellite  services  may  guard  against  introducing  other  incompatible  users  in  the  band,  this  allocation  change  would  not  alter  the  status 
 of  amateur  and  amateur  satellite  services  use  vis-  -  vis  incumbent  uses  of  the  band.  Either  a  primary  or  secondary  allocation  in  ISM  bands  must  accept  interference  from,  and  not  hinder  the  use  of,  ISM 
 equipment.  117  Similarly,  this  band  is  extensively  used  by  unlicensed  operations,  which  have  been  able  to  share  with  amateur  radio  station  use  to  this  point.  Because  this  band  is  important  to  unlicensed 
 applications  and  there  is  widespread  deployment,  the  removal  of  such  devices  would  not  be  feasible.  We  request  comment  on  whether  the  proposed  primary  amateur  and  amateur-  satellite  service  allocations 
 would  conflict  with  unlicensed  use  of  the  band. 
 51.  In  the  discussion  above,  we  are  merely  proposing  to  change  the  allocation  status  of  the  amateur  service  operations  in  the  2400-  2402  MHz  band.  We  do  not  believe  that  the  service  rules  or 


 operational  requirements  of  the  services  in  this  band  require  modification.  We  request  comment  on  this  proposal. 


 V.  PROCEDURAL  MATTERS 
 A.  Initial  Regulatory  Flexibility  Analysis 
 52.  As  required  by  Section  603  of  the  Regulatory  Flexibility  Act,  5  U.  S.  C.    603,  the  Commission  has  prepared  an  Initial  Regulatory  Flexibility  Certification  the  possible  significant  economic 


 impact  of  the  proposals  contained  in  this  document  on  a  substantial  number  of  small  entities.  This  certification  declares  that  there  is  no  significant  economic  impact  on  small  entities  because  the  amateur 
 radio  operators  are  individuals  precluded  from  using  this  spectrum  for  commercial  purposes,  and  therefore  do  not  fit  the  definition  of  a  small  entity.  In  addition,  the  rules  proposed  simply  make  additional 
 spectrum  available  to  the  amateur  radio  service  and  do  not  impose  any  additional  fees,  costs,  or  compliance  burdens  on  an  amateur  radio  operator.  The  Certification  is  set  forth  in  Appendix  D. 


 B.  Ex  Parte  Rules  -  -  Permit-  But-  Disclose  Proceeding 
 53.  This  is  a  permit-  but-  disclose  notice  and  comment  rule  making  proceeding.  Ex  parte  presentations  are  permitted,  except  during  the  Sunshine  Agenda  period,  provided  they  are  disclosed  as 


 provided  in  the  Commission's  rules.  See  generally  47  C.  F.  R.    1.  1202,  1.1203,  and  1.2306(  a). 
 C.  Comments 
 54.  Pursuant  to  Sections  1.415  and  1.419  of  the  Commission's  rules,  47  C.  F.  R.    1.  415  and  1.419,  interested  parties  may  file  comments  on  or  before  [45  days  from  date  of  publication  in  the  Federal 


 Register]  and  reply  comments  on  or  before  [60  days  from  date  of  publication  in  the  Federal  Register].  Comments  may  be  filed  using  the  Commission's  Electronic  Comment  Filing  System  ("  ECFS"), 


 116  See  47  C.  F.  R.  2.  106  footnote  S5.282. 
 117  See  47  C.  F.  R.  2.  106,  footnote  S5.150. 
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 http://  www.  fcc.  gov/  e-  file/  ecfs.  html,  or  by  filing  paper  copies.  See  Electronic  Filing  of  Documents  in  Rulemaking  Proceedings,  63  Fed.  Reg.  23,121  (1998). 
 55.  Comments  filed  through  the  ECFS  can  be  sent  as  an  electronic  file  via  the  Internet  to  http://  www.  fcc.  gov/  e-  file/  ecfs.  html.  Generally,  only  one  copy  of  an  electronic  submission  must  be  filed. 
 If  multiple  docket  or  rulemaking  numbers  appear  in  the  caption  of  this  proceeding,  however,  commenters  must  transmit  one  electronic  copy  of  the  comments  to  each  docket  or  rulemaking  number  referenced  in 
 the  caption.  In  completing  the  transmittal  screen,  commenters  should  include  their  full  name,  U.  S.  Postal  Service  mailing  address,  and  the  applicable  docket  or  rulemaking  number.  Parties  may  also  submit  an 
 electronic  comment  by  Internet  e-  mail.  To  get  filing  instructions  for  e-  mail  comments,  commenters  should  send  an  e-  mail  to  ecfs@  fcc.  gov,  and  should  include  the  following  words  in  the  body  of  the 
 message,  "get  form  <your  e-  mail  address."  A  sample  form  and  directions  will  be  sent  in  reply.  Parties  who  choose  to  file  by  paper  must  file  an  original  and  four  copies  of  each  filing.  If  more  than  one  docket 
 or  rulemaking  number  appear  in  the  caption  of  this  proceeding,  commenters  must  submit  two  additional  copies  for  each  additional  docket  or  rulemaking  number. 


 56.  Filings  can  be  sent  by  hand  or  messenger  delivery,  by  commercial  overnight  courier,  or  by  first-  class  or  overnight  U.  S.  Postal  Service  mail  (although  we  continue  to  experience  delays  in 
 receiving  U.  S.  Postal  Service  mail).  The  Commission's  contractor,  Vistronix,  Inc.,  will  receive  hand-delivered  or  messenger-  delivered  paper  filings  for  the  Commission's  Secretary  at  236  Massachusetts 
 Avenue,  N.  E.,  Suite  110,  Washington,  D.  C.  20002.  The  filing  hours  at  this  location  are  8:  00  a.  m.  to  7:  00  p.  m.  All  hand  deliveries  must  be  held  together  with  rubber  bands  or  fasteners.  Any  envelopes  must  be 
 disposed  of  before  entering  the  building.  Commercial  overnight  mail  (other  than  U.  S.  Postal  Service  Express  Mail  and  Priority  Mail)  must  be  sent  to  9300  East  Hampton  Drive,  Capitol  Heights,  MD  20743. 
 U.  S.  Postal  Service  first-  class  mail,  Express  Mail,  and  Priority  Mail  should  be  addressed  to  445  12th  Street,  SW,  Washington,  D.  C.  20554.  All  filings  must  be  addressed  to  the  Commission's  Secretary, 
 Office  of  the  Secretary,  Federal  Communications  Commission. 
 57.  Parties  who  choose  to  file  by  paper  should  also  submit  their  comments  on  diskette.  Such  a  submission  should  be  on  a  3.5-  inch  diskette  formatted  in  an  IBM  compatible  format  using  Microsoft 


 Word  or  compatible  software.  The  diskette  should  be  accompanied  by  a  cover  letter  and  should  be  submitted  in  read  only  mode.  The  diskette  should  be  clearly  labeled  with  the  commenters  name, 
 proceeding  (including  the  lead  docket  number,  type  of  pleading  (comment  or  reply  comment),  date  of  submission,  and  the  name  of  the  electronic  file  on  the  diskette.  The  label  should  also  include  the 
 following  phrase  "Disk  Copy    Not  an  Original."  Each  diskette  should  contain  only  partys  pleading,  preferably  in  a  single  electronic  file.  In  addition,  commenters  must  send  diskette  copies  to  the 
 Commissions  copy  contractor,  Qualex  International,  Portals  II,  445  12th  Street,  SW,  Room  CY-  B402,  Washington,  DC,  20554. 


 58.  Alternative  formats  (computer  diskette,  large  print,  audio  cassette  and  Braille)  are  available  to  persons  with  disabilities  by  contacting  Brian  Millin  at  (202)  418-  7426,  TTY  (202)  418-  2555, 
 or  via  e-  mail  to  bmillin@  fcc.  gov.  This  Notice  can  also  be  downloaded  at  http://  www.  fcc.  gov/  oet. 
 59.  Paperwork  Reduction  Act  Comments.  Written  comments  by  the  public  on  the  proposed  and/  or  modified  information  collections  are  due  on  or  before  [30  days  from  date  of  publication  in  the 


 Federal  Register].  Written  comments  must  be  submitted  by  the  OMB  on  the  proposed  and/  or  modified  information  collections  on  or  before  [60  days  after  date  of  publication  in  the  Federal  Register.]  In 
 addition  to  filing  comments  with  the  Acting  Secretary,  a  copy  of  any  comments  on  the  information  collection(  s)  contained  herein  should  be  submitted  to  Judy  Boley,  Federal  Communications  Commission, 
 Room  1-  C804,  445  12th  Street,  SW,  Washington,  DC  20554,  or  via  the  Internet  to  jboley@  fcc.  gov  and  to  Jeanette  Thornton,  OMB  Desk  Officer,  Room  10236,  725  17th  Street,  NW,  Washington,  DC  20503  or 
 via  the  Internet  to  JThornto@  omb.  eop.  gov. 
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 D.  Contact  Person 
 60.  For  further  information  regarding  this  Notice,  contact  Kathyrn  Medley,  Office  of  Engineering  and  Technology,  (202)  418-  1211,  e-  mail  kmedley@  fcc.  gov. 


 VI.  ORDERING  CLAUSES 
 61.  Accordingly,  IT  IS  FURTHER  ORDERED  that  pursuant  to  Sections  1,  4,  301,  302(  a),  303,  307,  309,  316,  332,  334,  and  336  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C. 


 Sections  151,  154,  301,  302(  a),  303,  307,  309,  316,  332,  334,  and  336,  the  NOTICE  OF  PROPOSED  RULE  MAKING  AND  ORDER  is  hereby  ADOPTED. 


 62.  IT  IS  ALSO  ORDERED  that  the  Commission  s  Consumer  and  Governmental  Affairs  Bureau,  Reference  Information  Center,  SHALL  SEND  a  copy  of  this  NOTICE  OF  PROPOSED  RULE 
 MAKING,  including  the  Initial  Regulatory  Flexibility  Certification,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration  in  accordance  with  Section  603(  a)  of  the  Regulatory  Flexibility  Act.  118 


 63.  IT  IS  FURTHER  ORDERED  that  the  MOTION  TO  STRIKE  filed  by  ARRL  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Marlene  H.  Dortch  Secretary 


 118  See  5  U.  S.  C.    603(  a). 
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 APPENDIX  A:  List  of  Commenting  Parties  on  the  LF  Petition 
 1.  ARRL  2.  Alabama  Power,  et  al. 


 3.  Robert  J.  Albanese  4.  Brian  C.  Alexander 
 5.  William  E.  Bowers  6.  Richard  G.  Brunner 
 7.  Commonwealth  Edison  Company  8.  Steve  Cook 
 9.  Paul  R.  Drum  10.  Collin  Dvorak 
 11.  Richard  Eyre-  Eagles  12.  Ed  Fernandez 
 13.  Florida  Reliability  Coordinating  Council  14.  Philip  E.  Galasso 
 15.  HID  Corporation  16.  Scott  Holmes 
 17.  IEEE  Relay  Committee/  Mark  Simon  18.  Kellee  Jones 
 19.  Nickolaus  E.  Leggett  20.  Michael  J.  McDonald 
 21.  Dr.  Jeffrey  Paterson  22.  Les  Rayburn 
 23.  Michael  J.  Reid  24.  Lacy  L.  Rice,  Jr. 
 25.  Bob  Ryan  26.  Paul  R.  Signorelli 
 27.  Mark  Simon  28.  Southeastern  Electric  Reliability  Council 
 29.  Texas  Instruments  30.  UTC 
 31.  James  E.  Whedbee  32.  James  Edwin  Whedbee 
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 APPENDIX  B:  List  of  Commenting  Parties  on  the  5000  kHz  Petition 
 1.  ARRL  2.  Brian  Allen 
 3.  Dave  Armbrust  4.  Perry  D.  Ballinger 
 5.  William  Bishop  6.  Stanley  J.  Briggs 
 7.  Jerry  Brooks  8.  Michael  Brooks 
 9.  Skip  Cameron  10.  Damon  Cassell 
 11.  James  M.  Cordes  12.  Thomas  P.  Cloyes 
 13.  Dr.  Anthony  R.  Curtis  14.  William  L.  DAgostino 
 15.  Jack  Daane  16.  Don  B.  DeCaria 
 17.  Josseph  P.  deFulgentiis  18.  David  W.  Duke 
 19.  Mark  J.  Dulcey  20.  John  J.  Ellis 
 21.  Jack  Falkenhof  22.  Jeffrey  D.  Fontaine 
 23.  Larry  R.  Fravel  24.  Steven  J.  Friis 
 25.  Arthur  S.  Garibay  26.  David  E.  Gilbert 
 27.  Mark  R.  Gilbert  28.  Richard  Grant 
 29.  Eric  Gustafson  30.  Gregory  Hendry 
 31.  Scott  D.  Holland  32.  James  Hughes 
 33.  Richard  Illman  34.  Ronald  J.  Jakubowski 
 35.  Clare  Jarvis  36.  David  M.  Jolley 
 37.  Robert  L.  Kaster,  Jr.  38.  Richard  H.  Keith 
 39.  Christoper  Kent  40.  Nathan  Kirshman 
 41.  Joost  Koenig  42.  Stephanie  R.  Koles 
 43.  Richard  A.  Knox  44.  Robert  K.  Leef 


 45.  Nickolaus  E.  Leggett  46.  Ivan  McCaffrey 
 47.  W.  Lee  McVey  48.  Hugh  C.  Maddocks 
 49.  Michael  Maiorana  50.  C.  R.  Malphrus 
 51.  Josh  Martin  52.  Patrick  A.  Martini 
 53.  Carol  M.  Mellard  54.  Dr.  Richard  A.  Meznarich 
 55.  P.  B.  Middlebrook  III  56.  Richard  Miller 
 57.  Jack  Mitchell  58.  M.  Dwayne  Moffett 
 59.  Amedeo  F.  Moretti  60.  Charles  Morris 
 61.  Greg  Mummley  62.  Edward  Murphy 
 63.  Mike  Murray  64.  Neil  J.  Nitzberg 
 65.  James  OBrien  III  66.  Gary  E.  Perkins 
 67.  George  J.  Peters  68.  Theodore  K.  Phelps 
 69.  Dennis  J.  Posness  70.  Markus  B.  Powell 
 71.  Malcom  M.  Preston  72.  Brennan  Price 
 73.  J.  P.  Riegel,  III  74.  Bob  Roehrig 
 75.  Gary  W.  Sanders  76.  Stephen  J.  Schrack 
 77.  Ken  Slauson  78.  Tony  A.  Stone 
 79.  Richard  L.  Tannehill  80.  Harold  Tate 
 81.  Dr.  Noel  A.  Taylor  82.  Paul  J.  Toth 
 83.  Charles  R.  Wallace  84.  Richard  M.  Winter 
 85.  Edward  J.  Wirtz  86.  John  Fox  Worthington 
 87.  Kyle  A.  Yoksh 
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 APPENDIX  C:  List  of  Commenting  Parties  on  the  2400  MHz  Petition 
 1.  David  A.  Heupel  2.  Gerald  Murray 


 3.  James  Edwin  Whedbee  4.  ARRL 
 5.  Radio  Amateur  Satellite  Corporation 
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 APPENDIX  D:  Initial  Regulatory  Flexibility  Certification 
 1.  Initial  Regulatory  Flexibility  Certification.  The  Regulatory  Flexibility  Act  of  1980,  as  amended  (RFA),  119  requires  that  an  initial  regulatory  flexibility  analysis  be  prepared  for  notice  and 


 comment  rule  making  proceedings,  unless  the  agency  certifies  that  the  rule  will  not,  if  promulgated,  have  a  significant  economic  impact  on  a  substantial  number  of  small  entities.  120  The  RFA  generally  defines 
 the  term  small  entity  as  having  the  same  meaning  as  the  terms  small  business,  small  organization,  and  small  governmental  jurisdiction.  121  In  addition,  the  term  small  business  has  the  same  meaning  as 
 the  term  small  business  concern  under  the  Small  Business  Act.  122  A  small  business  concern  is  one  which:  (1)  is  independently  owned  and  operated;  (2)  is  not  dominant  in  its  field  of  operation;  and  (3) 
 satisfies  any  additional  criteria  established  by  the  Small  Business  Administration  (SBA).  123 
 2.  In  this  Notice,  we  propose  to  make  available  two  additional  frequency  bands  on  a  secondary  basis  and  upgrade  the  allocation  of  a  third  frequency  band  to  the  amateur  service.  The  amateur 


 radio  service  is  a  voluntary  non-  commercial  communication  service  comprised  of  individuals  or  groups  of  individuals  holding  amateur  radio  licenses  issued  by  the  Commission.  124  These  individuals  are  prohibited 
 from  using  spectrum  allocated  to  the  amateur  service  for  communications  for  hire  or  for  material  compensation,  or  for  communications  in  which  the  amateur  radio  operator  has  a  pecuniary  interest.  125 
 Therefore,  amateur  radio  operators  do  not  fit  any  part  of  the  definition  of  small  entities  described  above,  and  thus  are  not  classified  as  such. 


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


 4.  Therefore,  we  certify  that  the  proposals  in  this  Notice,  if  adopted,  will  not  have  a  significant  economic  impact  on  a  substantial  number  of  small  entities.  The  Commission  will  send  a  copy 
 of  the  Notice,  including  a  copy  of  this  Initial  Regulatory  Flexibility  Certification,  to  the  Chief  Counsel  for  Advocacy  of  the  SBA.  126  This  initial  certification  will  also  be  published  in  the  Federal  Register.  127 


 119  See  5  U.  S.  C.    603.  The  RFA,  see  5  U.  S.  C.    601  612,  has  been  amended  by  the  Small  Business  Regulatory 
 Enforcement  Fairness  Act  of  1996  (SBREFA),  Pub.  L.  No.  104-  121,  Title  II,  110  Stat.  857  (1996). 
 120  5  U.  S.  C.    605(  b). 


 121  5  U.  S.  C.    601(  6). 
 122  5  U.  S.  C.    601(  3)  (incorporating  by  reference  the  definition  of  small  business  concern  in  the  Small  Business 
 Act,  15  U.  S.  C.    632).  Pursuant  to  5  U.  S.  C.    601(  3),  the  statutory  definition  of  a  small  business  applies  unless  an  agency,  after  consultation  with  the  Office  of  Advocacy  of  the  Small  Business  Administration  and  after  opportunity 


 for  public  comment,  establishes  one  or  more  definitions  of  such  term  which  are  appropriate  to  the  activities  of  the  agency  and  publishes  such  definition(  s)  in  the  Federal  Register. 


 123  15  U.  S.  C.    632. 
 124  See  47  CFR    97.  1  and  97.  3(  a). 
 125  See  47  CFR    97.  113(  a)(  2). 
 126  5  U.  S.  C.    605(  b). 
 127  5  U.  S.  C.    605(  b). 
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 APPENDIX  E:  Proposed  Rules 
 For  the  reasons  discussed  in  the  preamble,  the  Federal  Communications  Commission  proposes  to  amend  47  CFR  Parts  2  and  97  as  follows: 


 PART  2  --  FREQUENCY  ALLOCATIONS  AND  RADIO  TREATY  MATTERS;  GENERAL  RULES  AND  REGULATIONS 
 1.  The  authority  citation  for  Part  2  continues  to  read  as  follows: 
 AUTHORITY:  47  U.  S.  C.  154,  302a,  303,  and  336,  unless  otherwise  noted. 
 2.  Section  2.  106,  the  Table  of  Frequency  Allocations,  is  amended  as  follows: 
 a.  Revise  pages  3,  11,  and  51  of  the  camera-  ready  copy  of  the  table. 
 b.  In  the  list  of  United  States  footnotes,  add  footnote  USxxx. 
 The  additions  and  revisions  read  as  follows: 
   2.106  Table  of  Frequency  Allocations. 
 *  *  *  *  * 
25
 26 
 130-  505 


 kHz 
 (LF/  MF) 


 Page 
 3 


 International 
 Table 


 United 
 States 
 Table 


 Region 
 1 


 Region 
 2 


 Region 
 3 


 Federal 
 Government 


 Non-  Federal 
 Government 


 FCC 
 Rule 
 Part(  s) 


 129-  130  FIXED  MARITIME 
 MOBILE  RADIONAVIGATION 
 S5.  60 


 5.64 


 See 
 previous 


 page 
 for 


 110-  130 
 kHz 


 129-  130  FIXED  MARITIME 
 MOBILE  RADIONAVIGATION 
 S5.  60 


 5.64 


 See 
 previous 


 page 
 for 
 110-  130 


 kHz 


 See 
 previous 


 page 
 for 


 110-  130 
 kHz 


 130-  148.5  FIXED  MARITIME 
 MOBILE 
 5.64 
 5.67 


 130-  160  FIXED  MARITIME 
 MOBILE 


 130-  160  FIXED  MARITIME 
 MOBILE  RADIONAVIGATION 


 130-  160  FIXED  MARITIME 
 MOBILE 


 5.64 
 5.64 
 5.64 
 US294 


 USxxx 


 International 
 Fixed 
 (23) 


 Maritime 
 (80) 
 Amateur 
 (97) 


 160-  190  FIXED 
 160-  190  FIXED  Aeronautical 
 radionavigation 


 160-  190  FIXED  MARITIME 
 MOBILE 
 459 
 US294 


 160-  190  FIXED  459  US294 


 International 
 Fixed 
 (23) 


 148.5-  255  BROADCASTING 
 190-  200  AERONAUTICAL 
 RADIONAVIGATION 


 190-  200  AERONAUTICAL 
 RADIONAVIGATION 


 US18 


 US226 
 US294 


 5.68 
 5.69 
 5.70 


 200-  275  AERONAUTICAL 
 RADIONAVIGATION 


 US18 


 Aeronautical 
 mobile 


 255-  283.5  BROADCASTING  AERONAUTICAL  RADIONAVIGATION 
 200-  275  AERONAUTICAL  RADIONAVIGATION  Aeronautical 
 mobile 


 US294 


 5.70 
 5.71 


 275-  285  AERONAUTICAL 
 RADIONAVIGATION  Aeronautical  mobile  Maritime  radionavigation  (radiobeacons) 


 283.5-  315  AERONAUTICAL  RADIONAVIGATION  MARITIME  RADIONAVIGATION  (radiobeacons) 
 5.73 
 275-  285  AERONAUTICAL  RADIONAVIGATION  Aeronautical 
 mobile 
 Maritime 
 radionavigation  (radiobeacons) 


 200-  285  AERONAUTICAL  RADIONAVIGATION  Aeronautical 
 mobile 


 US18 
 US294 


 5.72 
 5.74 


 285-  315  AERONAUTICAL 
 RADIONAVIGATION  MARITIME  RADIONAVIGATION  (radiobeacons) 


 5.73 
 285-  325  MARITIME 
 RADIONAVIGATION 


 (radiobeacons) 
 5.73 


 Aeronautical 
 radionavigation 


 (radiobeacons) 


 Aviation 
 (87) 
26
 27 
 5060-  9040 


 kHz 
 (HF) 


 Page 
 11 


 International 
 Table 


 United 
 States 
 Table 


 Region 
 1 


 Region 
 2 


 Region 
 3 


 Federal 
 Government 


 Non-  Federal 
 Government 


 FCC 
 Rule 
 Part(  s) 


 5060-  5250  FIXED  Mobile 
 except 
 aeronautical 


 mobile 


 5.133 


 5060-  5450  FIXED  Mobile 
 except 
 aeronautical 


 mobile 


 5250-  5450  FIXED  MOBILE 
 except 
 aeronautical 


 mobile 


 US212 
 US340 
 USxxx 


 Maritime 
 (80) 
 Aviation 
 (87) 
 Private 
 Land 
 Mobile 


 (90) 


 Amateur 
 (97) 


 5450-  5480  FIXED  AERONAUTICAL 
 MOBILE 
 (OR)  LAND 
 MOBILE 


 5450-  5480  AERONAUTICAL 
 MOBILE 
 (R) 


 5450-  5480  FIXED  AERONAUTICAL 
 MOBILE 
 (OR)  LAND 
 MOBILE 


 5450-  5680  AERONAUTICAL 
 MOBILE 
 (R) 


 5480-  5680  AERONAUTICAL 
 MOBILE 
 (R) 


 5.111 
 5.115 


 5.111 
 5.115 
 US283 


 US340 


 Aviation 
 (87) 


 5680-  5730  AERONAUTICAL 
 MOBILE 
 (OR) 


 5.111 
 5.115 


 5680-  5730  AERONAUTICAL 
 MOBILE 
 (OR) 


 5.111 
 5.115 
 US340 


 5730-  5900  FIXED  LAND 
 MOBILE 


 5730-  5900  FIXED  MOBILE 
 except 
 aeronautical 


 mobile 
 (R) 


 5730-  5900  FIXED  Mobile 
 except 
 aeronautical 


 mobile 
 (R) 


 5730-  5950  FIXED  MOBILE 
 except 
 aeronautical 


 mobile 
 (R) 


 5900-  5950  BROADCASTING 
 S5.134 
 5.136 


 US340 
 International 
 Fixed 
 (23) 


 Maritime 
 (80) 
 Aviation 
 (87) 


 5950-  6200  BROADCASTING 
 5950-  6200  BROADCASTING  US340 
 Radio 
 Broadcast 


 (HF) 


 (73) 


 6200-  6525  MARITIME 
 MOBILE 
 5.109 
 5.110 
 5.130 
 5.132 


 5.137 


 6200-  6525  MARITIME 
 MOBILE 
 S5.109 
 S5. 
 110 


 S5.130 


 S5.132 
 US82 


 US296 
 US340 


 Maritime 
 (80) 


 6525-  6685  AERONAUTICAL 
 MOBILE 
 (R) 


 6525-  6685  AERONAUTICAL 
 MOBILE 
 (R) 


 US283 
 US340 


 Aviation 
 (87) 
27
 28 
 2345-  2655 


 MHz 
 (UHF) 


 Page 
 51 


 International 
 Table 


 United 
 States 
 Table 


 Region 
 1 


 Region 
 2 


 Region 
 3 


 Federal 
 Government 


 Non-  Federal 
 Government 


 FCC 
 Rule 
 Part(  s) 


 See 
 previous 


 page 
 for 


 2310- 
 2360 
 MHz 


 2345-  2360  FIXED  MOBILE 
 US339  RADIOLOCATION  BROADCASTING- 
 SATELLITE 


 US327 


 5.396 


 Wireless  Communications 
 (27) 


 2360-  2385  MOBILE 
 US276  RADIOLOCATION 


 G2 


 Fixed  G120 


 2360-  2385  MOBILE 
 US276 


 2385-  2390  US363 
 2385-  2390  FIXED  MOBILE  US363 
 2390-  2400  G122 
 2390-  2400  AMATEUR 
 RF 
 Devices 


 (15) 


 Amateur 
 (97) 


 2400-  2402  5.150 
 G123 


 2400-  2402  AMATEUR  AMATEUR- 
 SATELLITE  5.150  S5.282 


 ISM 
 Equipment 


 (18) 


 Amateur 
 (97) 


 2402-  2417  5.150 
 G122 


 2402-  2417  AMATEUR  5.150 
 5.282 


 RF 
 Devices 


 (15) 


 ISM 
 Equipment 


 (18) 


 Amateur 
 (97) 


 See 
 previous 


 page 
 for 
 2300-  2450 


 MHz 


 2417-  2450  Radiolocation 
 G2 
 5.150 
 G124 


 2417-  2450  Amateur  5.150 
 5.282 


 ISM 
 Equipment 


 (18) 


 Amateur 
 (97) 


 2450-  2483.5  FIXED  MOBILE  Radiolocation  5.150 
 S5.397 


 2450-  2483.5  FIXED  MOBILE  RADIOLOCATION  5.150 
 5.394 


 2450-  2483.5  5.150 
 US41 


 2450-  2483.5  FIXED  MOBILE  Radiolocation  5.150 
 US41 


 ISM 
 Equipment 


 (18) 


 Private 
 Land 
 Mobile 


 (90) 


 Fixed 
 Microwave 


 (101) 
28
 Federal  Communications  Commission  FCC  02-  136 
 29 
 *  *  *  *  * 
 UNITED  STATES  (US)  FOOTNOTES 
 *  *  *  *  * 
 USxxx  In  the  bands  135.7-  137.8  kHz  and  5250-  5400  kHz,  the  amateur  service  is  allocated  on  a  secondary  basis. 


 PART  97-  AMATEUR  RADIO  SERVICE 
 3.  The  authority  citation  for  Part  97  continues  to  read  as  follows: 
 AUTHORITY:  48  Stat.  1066,  1082,  as  amended:  47  U.  S.  C.  154,  303.  Interpret  or  apply  48  Stat.  1064-  1068,  1081-  1105,  as  amended;  47  U.  S.  C.  151-  155,  301-  609,  unless  otherwise  noted 


 4.  Section  97.  3(  b)  is  amended  by  adding  a  new  paragraph  (4)  and  renumbering  the  rest  starting  with  the  existing  number  (4)  to  read  as  follows: 
   97.3  Definitions. 
 (4)  LF  (low  frequency).  The  frequency  range  between  3  kHz  and  300  kHz. 
 5.  Sections  97.301  (b),  (c),  and  (d)  are  modified  as  indicated  below. 
   97.301  Authorized  Frequency  Bands. 
 a.  Sections  97.301  (b),  (c),  and  (d)  are  each  modified  to  add,  at  the  beginning  of  the  table  in  each  subsection,  the  following: 


 Wavelength  Band  ITU  Region  1  ITU  Region  2  ITU  Region  3  Sharing  requirements  See    97.303,  paragraph 
 LF  kHz  kHz  kHz  2200m  135.7-  137.  8  (s) 


 b.  Sections  97.301  (b),  (c),  and  (d)  are  each  modified  to  add,  between  the  75m  and  40m  rows  in  the  table  in  each  subsection,  the  following: 
 Wavelength  Band  ITU  Region  1  ITU  Region  2  ITU  Region  3  Sharing  requirements  See    97.303,  paragraph 
 HF  MHz  MHz  MHz  60m  5.250-  5.400  (t) 


 6.  Section  97.303  is  proposed  to  be  amended  by  revising  paragraphs  (j)(  2)(  iii),  (j)(  2)(  iv),  and  adding  new  paragraphs  (s)  and  (t)  to  read  as  follows: 
   97.303  Frequency  sharing  requirements. 
 *  *  *  *  * 
 *  *  *  *  * 
29
 Federal  Communications  Commission  FCC  02-  136 
 30 
 (j)  *  *  *  *  * 
 (2)  *  *  *  *  * 
 (iii)  The  2390-  2417  MHz  segment  is  allocated  to  the  amateur  service  on  a  primary  basis. 


 (iv)  The  2417-  2450  MHz  segment  is  allocated  to  the  amateur  service  on  a  co-  secondary  basis  with  the  Federal  Government  radiolocation  service.  Amateur  stations  operating  within  the  2400-  2450  MHz 
 segment  must  accept  harmful  interference  that  may  be  caused  by  the  proper  operation  of  industrial,  scientific,  and  medical  devices  operating  within  the  band. 


 *  *  *  *  * 
 (s)  No  amateur  station  transmitting  in  the  135.7-  137.8  kHz  segment  shall  cause  harmful  interference  to  any  Federal  fixed  or  maritime  stations;  any  non-  Federal  Government  fixed  station;  or,  in  the  polar 


 regions  above  60  degrees  North  latitude,  any  aeronautical  fixed  station;  nor  is  any  amateur  station  protected  from  interference  due  to  the  operation  of  any  such  station. 


 (t)  No  amateur  station  transmitting  in  the  5.250-  5.400  MHz  band  shall  cause  harmful  interference  to  stations  authorized  in  the  mobile  and  fixed  services;  nor  is  any  amateur  station  protected  from 
 interference  due  to  the  operation  of  any  such  station. 
 *  *  *  *  * 


 7.  Modification  to  section  97.305  (c) 
   97.305  Authorized  Emission  Types. 
 (a)  Section  97.305  (c)  is  amended  to  add  the  following  at  the  beginning  the  table: 
 Wavelength  Band  Frequencies  Emission  Types  Authorized  Standards  See    97.307(  f),  paragraph: 


 LF:  2200m  Entire  band  RTTY,  data  (14) 


 (b)  Section  97.305  (c)  is  modified  to  add  the  following  between  the  75m  and  40m  rows  in  the  table: 
 Wavelength  Band  Frequencies  Emission  Types  Authorized  Standards  See    97.307(  f),  paragraph: 


 HF  60m  Entire  band  RTTY,  data  (3)  (9) 
 60m  Entire  band  Phone,  image  (1)  (2) 


 8.  Section  97.307(  f)  is  proposed  to  be  amended  by  adding  new  paragraph  (14)  to  read  as  follows: 
   97.307  Emission  Standards. 
 (f)  *  *  *  *  * 
 (14)  The  bandwidth  of  the  transmitted  signal  shall  not  exceed  100  hertz. 
30
 Federal  Communications  Commission  FCC  02-  136 
 31 
 9.  Section  97.  313  (i)  is  amended  as  follows. 
   97.313  Transmitter  Power  Standards. 
 b.  Section  97.  313  (i)  is  added: 
 (i)  No  station  may  transmit  with  a  transmitter  power  exceeding  100  W  PEP  in  the  135.7-  137.8  kHz  segment,  and  the  total  Effective  Isotropic  Radiated  Power  (EIRP)  shall  not  exceed  1  Watt. 
31