Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3139

established as a result of this change.

Indeed there may be a reduction in State

responsibilities since section 1115

demonstration populations will no

longer have to be treated differently

from other Medicaid eligibles.

In order to assist the States in making

this information available to the

Medicare fiscal intermediaries so they

can accurately count days related to

patients eligible under an 1115 waiver,

we are issuing clarifying instructions to

the States specifying exactly what data

are to be included in the Medicare DSH

calculation, and the States’ role in

providing this information. In addition,

we are in ongoing contact with States

that have waivers in order to assist and

monitor the development and

implementation of their waivers.

We believe this regulation meets

Federalism requirements as it does not

increase the burden on States and is

responsive to requests from hospitals

who partner with States in providing

health services to needy populations.

List of Subjects in 42 CFR Part 412

Administrative practice and

procedure, Health facilities, Medicare,

Puerto Rico, Reporting and

recordkeeping requirements.

For reasons set forth in the preamble,

42 CFR chapter IV, part 412 is amended

as follows:

PART 412—PROSPECTIVE PAYMENT

SYSTEMS FOR INPATIENT HOSPITAL

SERVICES

1. The authority citation for part 412

continues to read as follows:

Authority: Secs. 1102 and 1871 of the

Social Security Act (42 U.S.C. 1302 and

1395hh).

2. In § 412.106, republish the

headings of paragraphs (b) and (b)(4),

redesignate paragraph (b)(4)(ii) as

paragraph (b)(4)(iii), and add a new

paragraph (b)(4)(ii) to read as follows:

§ 412.106 Special treatment: Hospitals that

serve a disproportionate share of lowincome patients.

* * * * *

(b) Determination of a hospital’s

disproportionate patient percentage.

***

(4) Second computation. * * *

(ii) Effective with discharges

occurring on or after January 20, 2000,

for purposes of counting days under

paragraph (b)(4)(i) of this section,

hospitals may include all days

attributable to populations eligible for

Title XIX matching payments through a

waiver approved under section 1115 of

the Social Security Act.

(Catalog of Federal Domestic Assistance

Program No. 93.773, Medicare—Hospital

Insurance; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: December 22, 1999.

Nancy-Ann Min DeParle,

Administrator, Health Care Financing

Administration.

Approved: December 22, 1999.

Donna E. Shalala,

Secretary.

[FR Doc. 00–1357 Filed 1–14–00; 3:09 pm]

BILLING CODE 4120–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 27

[CC Docket No. 99–168; FCC 00–5]

Service Rules for the 746–764 and 776–

794 MHz Bands

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document establishes

service rules governing the initial

assignment of licenses, by competitive

bidding, and the subsequent regulatory

treatment of commercial services to be

provided on the 746–764 and 776–794

MHz Bands. The service rules adopted

in this document enable assignment of

these bands to licensees by competitive

bidding, scheduled to commence in

early May in order to comply with the

statutory requirement that revenues

from the auction of the commercial

spectrum segments be received in the

U.S. Treasury by September 30, 2000.

DATES: This rule is effective January 20,

2000.

FOR FURTHER INFORMATION CONTACT:

Legal Information: Stan Wiggins, 202–

418–1310; Technical Information:

Martin Liebman, 202–418–1310.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s First

Report and Order (First R&O) in WT

Docket No. 99–168, FCC 00–5, adopted

January 6, 2000, and released January 7,

2000. The complete text of this First

R&O is available for inspection and

copying during normal business hours

in the FCC Reference Information

Center, Courtyard Level, 445 12th

Street, S.W., Washington, DC, and also

may be purchased from the

Commission’s copy contractor,

International Transcription Services

(ITS, Inc.), CY–B400, 445 12th Street,

S.W., Washington, DC. The informal

text of the First R&O is posted on the

Commission’s Internet web site, at

www.fcc.gov/Bureaus/Wireless/Orders/

2000/fcc00005.txt.

Synopsis of the First Report and Order

1. The Commission adopts a First

Report and Order (First R&O) in WT

Docket No. 99–168, establishing service

and auction rules for the commercial

licensing of 36 megahertz of spectrum,

the 746–764 and 776–794 Bands, as

directed by Congress in the Balanced

Budget Act of 1997. The subsequent

legislation, referred to as the

Consolidated Appropriations enactment

directs the Commission to assign these

licenses by competitive bidding, and to

deposit revenues from those

assignments in the U.S. Treasury no

later than September 30, 2000. The

assignment of this spectrum to

commercial licensees has the potential

to expand existing wireless services,

both fixed and mobile, and to introduce

both new technologies and new

services.

2. The First R&O divides these Bands

into several sub-bands, as subsequently

described in the ‘‘band plan’’ and these

decisions reflect broad spectrum

management considerations. The First

R&O also determines the more specific

service rule and auction rule issues

raised with respect to the sub-bands

occupying 30 of the 36 megahertz, while

it defers to a subsequent R&O the

comparably specific issues raised with

respect to the remaining 6 megahertz,

which are designated as Guard Bands

and occupy spectrum adjacent to

frequencies previously allocated for

public safety use. Those issues are the

subject of a Public Notice issued January

7, 2000, which seeks additional

comment on technical and operational

issues. See Public Comment Sought On

Issues Related To Guard Bands In The

746–764 MHz and 776–794 MHz

Spectrum Block (WT Docket No. 99–

168), Public Notice (January 7, 2000). A

future R&O will also adopt revisions to

Form 601.

3. These spectrum Bands occupy

frequencies formerly reserved for analog

UHF television service, and new

licenses assigned by auction on these

Bands will be required to protect

existing UHF television services from

harmful interference. This obligation to

protect existing UHF television services

will continue until the termination of

analog television service, as part of the

scheduled transition to digital television

(DTV) service. Analog television

licenses may not be renewed beyond

December 31, 2006, unless the

Commission determines that an

extension is authorized. See 47 U.S.C.

309(j)(14)(B).

3140 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

4. The First R&O is the Commission’s

first decision guided by principles

enunciated in its Spectrum Reallocation

Policy Statement. See Principles for

Reallocation of Spectrum to Encourage

the Development of

Telecommunications Technologies for

the New Millennium, FCC 99–354,

November 22, 1999, (Spectrum

Reallocation Policy Statement), 1999

WL 1054886 (1999). Based on that

statement and the record in this

proceeding, the First R&O adopts a

flexible, market-based approach to

determining service rules for this band,

and declines to establish a unitary, 36

megahertz license as requested by some

commenters. The potential for

interference to public safety users, and

the range of different services and

spectrum needs asserted by commenting

parties, make it undesirable to leave

determination of the internal framework

of these bands to a single commercial

entity. Expanding demand for wireless

voice and data services, rapid

technological change, and the variety of

interested parties and potential service

applications support the Commission’s

conclusion that establishment of

separate sub-bands will best ensure the

realization of a variety of spectrum

management priorities. These priorities

include: (i) Protection of public safety

operations; (ii) encouraging efficient and

intensive use of spectrum; (iii) enabling

potential entry by a variety of

technologies and service providers.

5. Ensuring protection to public safety

operations is achieved, in part, by the

creation of Guard Bands. Encouraging

efficient and intensive use of spectrum

is furthered by creating sub-bands for

applications of different scale, while

allowing licensee flexibility in both the

range of possible fixed and mobile

wireless uses, and in the optional

combination and post-auction division

of these spectrum resources. The

creation of the different sub-bands,

rather than licensing the entire

commercial band to a single licensee for

a specified geographic area, in part

reflects the preference of some parties,

including proponents of new

technologies and services, for smaller

initial spectrum segments on which to

bid. The two major sub-bands

established by the First R&O, and the

two paired Guard Bands, are configured

as follows.

6. Band Plan: The largest sub-band is

a 20 megahertz segment, consisting of

two paired 10 megahertz blocks at 752–

762 MHz and 782–792 MHz, provides a

significant block of spectrum that

should be desirable for providers of

advanced wireless services requiring

greater bandwidth. The greater

flexibility of these larger bandwidth

segments could be used, for example, to

satisfy the asymmetric characteristics of

data services. Providers of existing

cellular and PCS services also contend

that large spectrum blocks are needed to

support mobile ‘‘next generation’’

telephony. The second major sub-band

is half this size, a 10 megahertz segment

consisting of two paired 5 megahertz

blocks at 747–752 MHz and 777–782

MHz, and should be of interest to

entities seeking to deploy innovative

wireless technologies, including those

with the potential to provide Internet

access, that require less spectrum. The

paired 5 megahertz blocks also, by their

placement on the band, reduce the

number of existing television channels

to which a new licensee’s operations

would potentially cause interference.

The designation of paired bands with

distinct power limits, as described, is

consistent with traditional practice for

paired mobile services and achieves

effective flexibility to enable such

offerings without constraining new

technologies and services.

7. Each of these sub-bands is open to

both fixed and mobile services, under

the technical rules specified, and is also

open to new ‘‘broadcast-type’’ services

that, consistent with the part 27

technical rules, might be subject to

provisions of the Communications Act

specifically directed at broadcast

services. Bidders are permitted to bid on

both sub-bands in a specific geographic

area, and retain both if successful at

auction.

8. Service and technical regulations

governing the larger sub-bands were

adopted in the First R&O and are

described in more detail below. In

contrast, service and technical

regulations for the two spectrum blocks

established as Guard Bands will be

adopted in a future report and order,

though the First R&O notes that the

Commission intends to adopt more

stringent interference protection

standards for Guard Bands than for the

larger sub-bands that do not directly

abut public safety spectrum. The actions

in the First R&O respecting Guard Bands

are therefore limited to their designation

in the band plan as two paired blocks

of spectrum. The first Guard Band

consists of two 1 megahertz segments, at

746–747 MHz and 776–777 MHz, and

the second consists of two 2 megahertz

segments, at 762–764 MHz and 792–794

MHz.

9. The two larger sub-bands will be

auctioned on the basis of six Economic

Area Groupings (EAGs), which should

allow significant economies of scale to

help reduce costs and increase

efficiencies. Bidders may aggregate

these regional licenses into nationwide

licenses.

10. The First R&O also adopts

standards to ensure protection of the

approximately 100 existing

conventional television stations

permitted to continue operations on

these bands during the transition to

digital television, as well as rules for

application licensing, technical and

operational requirements, and

competitive bidding. The structure of

the band plan, and the related rules,

establish a flexible structure intended to

enable the most efficient and intensive

use of this spectrum, and we describe

below our review of these actions as

required by section 303(y) of the

Communications Act.

11. The NPRM in this proceeding

sought comment both on broad

spectrum management issues, including

the internal framework of the spectrum

band and possible sharing between

services, as well as specific issues raised

by the activation of commercial services

on this band. See Service Rules for the

746–764 and 776–794 MHz Bands, and

Revisions to part 27 of the

Commission’s rules, WT Docket No. 99–

168, Notice of Proposed Rulemaking,

FCC 99–97, June 3, 1999 (NPRM), 1999

WL 350460, 64 FR 36686, July 7, 1999.

The band plan previously described

addresses several spectrum management

issues. Additional, more particular

concerns arise over varied service and

technical issues. Another broad

spectrum issue is the Commission’s

concern over potential interference

between conventional television and

wireless services, if the full scope of

flexible use were implemented for these

spectrum blocks.

12. With regard to broad spectrum

management, sharing of these bands by

conventional television and wireless

services is subject to section 303(y) of

the Communications Act, which

requires the Commission, before

authorizing such ‘‘flexible use’’ of a

spectrum allocation, to make several

factual determinations. 47 U.S.C. 303(y).

Specifically, the Commission must

determine that such flexible use is

consistent with international

agreements, and also: (1) Would be in

the public interest; (2) would not deter

investment in communications services

and systems, or technology

development; and (3) would not result

in harmful interference among users.

Many commenters, representing a

variety of potential service providers,

asserted that renewed conventional

television operations on these bands

would create such a wide range of

interference difficulties as to effectively

preclude other, non-broadcast wireless

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3141

applications. The First R&O does not

permit operations by conventional

television stations, that is, by stations

operating at power levels authorized by

parts 73 and 74 of the Commission’s

rules. While spectrum markets benefit

from flexible service rules, the

Commission determined that the

inherent technical conflicts between

such disparate services would create

substantial spectrum inefficiencies and

render provision of both types of

services on this spectrum impracticable.

13. Because the Commission

determined not to enable conventional

television services on these bands, it did

not need to make the factual

determinations required by section

303(y) as a precondition to such flexible

use. The Commission also interpreted

the section 303(y) review requirement as

limited to regulatory decisions that

enable flexible use between ‘‘services’’

as the term ‘‘service’’ is used in the

allocations process. Thus, the

Commission did not perform a section

303(y) review of rules that enable

licensee flexibility within a specific

service, though it did consider the

section 303(y) criteria when making

decisions under the broader public

interest mandate in the statute.

14. At the same time that it declined

to permit conventional television

service, however, the Commission

determined not to preclude broadcasttype services that comply with the

power and other technical requirements

established in part 27 for wireless

services on these bands. With respect to

these services, therefore, the

Commission undertook the required

section 303(y) review, and determined

that because such broadcast-type

services will be required to comply fully

with the technical and operating

regulations adopted for wireless

services, they would create no

additional interference attributable to

sharing between broadcast and wireless

services. The Commission also

determined that it did not anticipate

adverse investment or innovation effects

from such services, and concluded that

permitting broadcast-type services

consistent with technical requirements

imposed on wireless services is in the

public interest and satisfies the criteria

in section 303(y).

15. More particular licensing and

operating rule concerns include: (1) The

regulatory status of entities licensed

under part 27; (2) eligibility restrictions;

(3) aggregation and disaggregation; (4)

ownership restrictions; (5) license terms

and renewal; (6) performance

requirements; (7) notice of initial

applications and petitions to deny; (8)

forbearance; and (9) equal employment

opportunity. After reviewing the First

R&O actions in these areas, we will turn

to consider technical rules and

competitive bidding, and finally the

protection of television services.

16. (1) Regulatory Status. The rules

adopted in the First R&O require

licensees to identify the regulatory

status of the services offered, such as

common carrier or broadcast, and the

Commission will revise Form 601 to add

the broadcast option for new services on

this Band.

17. (2) Eligibility Restrictions. The

Commission believes that opening this

spectrum to as wide a range of

applicants as possible will encourage

efforts to develop new technologies and

services, and help to ensure the most

efficient use of spectrum. Thus, the First

R&O imposes no restrictions on

eligibility, and also does not recognize

these spectrum blocks for purposes of

calculating the CMRS spectrum cap

applied to cellular, broadband PCS, and

SMR services. The Commission noted

that including these bands in the cap

and adjusting the cap upward would

permit reconsolidation within present

CMRS bands, renewing concerns about

reduced competition and increased

prices and reduced quality of services

provided.

18. (3) Aggregation and

Disaggregation. The initial sizing of

EAG geographic licensing areas,

described briefly in this summary,

recognizes several spectrum

management interests. First, these

regional areas seem best suited to

facilitate rapid service deployment, and

to avoiding excessive concentration of

licenses. Second, mindful of our

statutory obligation to deposit auction

revenues by September 30, 2000, we

accord due weight to our experience

with auctions for larger numbers of

licenses, which are more complex and

take longer to complete. Third, while

the First R&O enables parties to

aggregate spectrum and service areas

when bidding, and to disaggregate

spectrum and partition service areas

after the auction, there are risks and

costs associated with both aggregating

geographic service areas and forming

bidding consortia to obtain rights to

areas smaller than the initial licensing

areas. Fourth, the economies of scale

that attach to larger licensing areas

afford better prospects for developing

standard protocols for specific

applications, and for manufacturing

equipment to operate at specific

frequencies.

19. The Commission believes that

permitting licensees in these bands to

partition service areas and disaggregate

spectrum will improve smaller entities’

ability to overcome entry barriers, and

facilitate greater participation by rural

telephone companies and other smaller

entities, including those owned by

minorities and women. The First R&O

also establishes bidding credits for small

businesses.

20. (4) Ownership restrictions. The

First R&O determines to apply existing

47 CFR 27.12, which implements

section 310 of the Communications Act,

to applicants for licenses on these bands

regardless of the service they choose to

provide. While the statute requires

different substantive standards for

compliance with alien ownership

restrictions, depending on whether the

licensee is providing common carrier or

non-common carrier services,

establishing parity with regard to

reporting requirements will enable more

effective Commission monitoring of

compliance.

21. (5) License terms and renewal.

The First R&O establishes an initial

license term of approximately 14 years,

until January 1, 2014, recognizing that

incumbent television licensees pose an

obstacle to fulfillment of new licensees’

performance obligations. The 2014

expiration date reflects the judgment

that licensees should be allowed eight

years after the scheduled termination of

the DTV transition as a reasonable

period to fulfill those requirements.

Licensees providing nonbroadcast

services will also be given a renewal

expectancy established in 47 CFR

27.14(b), which relies in part on the

substantial service standards specified

in the next paragraph. Licensees

involved in a comparative renewal

proceeding must include the 47 CFR

27.14(b) showing at a minimum to claim

a renewal expectancy. Because the

Communications Act establishes a

maximum eight-year term for broadcast

licensees, entities providing broadcasttype services on the 700 MHz bands will

have to seek renewal eight years after

initiating such services.

22. (6) Performance requirements. 47

CFR 27.14(a) requires commercial

wireless licensees to provide

‘‘substantial service’’ to their service

area within 10 years of being licensed.

Several examples of ‘‘safe harbors’’ that

demonstrate substantial service are

provided in the part 27 Report and

Order. See Amendment of the

Commission’s rules to Establish Part 27,

the Wireless Communications Service

(‘‘WCS’’), GN Docket No. 96–228, Report

and Order, 12 FCC Rcd 10785 (1997)

(Part 27 Report and Order), 62 FR

09636, March 3, 1997. We will apply

those standards to licensees in the 747–

762 MHz and 777–792 MHz bands. The

First R&O also encourages licensees to

3142 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

build out not only in urban areas and

areas of high density population, but in

rural areas as well, and cautions that

licensees that do not serve rural areas,

even if otherwise compliant with

performance standards, will not

necessarily be assured of license

renewal. Failure to meet the substantial

service requirement results in forfeiture

of the license and ineligibility to regain

it.

23. (7) Notice of initial applications;

petitions to deny. The Commission in its

Part 1 Third Report and Order

previously exercised its statutory

authority to provide for a seven-day

public notice period for auctionable

services and a five-day period for filing

petitions to deny, and has determined in

the First R&O to apply those periods to

initial applications for license in this

spectrum. See Amendment of Part 1 of

the Commission’s rules—Competitive

Bidding Procedures, WT Docket No. 97–

82, Allocation of Spectrum Below 5

GHZ Transferred from Federal

Government Use, 4660–4685 MHz, ET

Docket No. 94–32, Third Report and

Order and Second Further Notice of

Proposed Rulemaking, 13 FCC Rcd 374,

431 (para. 98) (1997), recon. pending, 62

FR 13540 March 21, 1997.

24. (8) Forbearance. The Commission

has previously forborne from applying

certain obligations imposed on common

carriers by Title II of the

Communications Act. Common carriers

classified as CMRS, who provide mobile

services in the 747–762 MHz and 777–

792 MHz bands, will not be required to

file contracts of service, seek authority

for interlocking directors, or submit

applications for new facilities or

discontinuance of existing facilities.

Such providers also will not be required

to file tariffs for most international

services, or be subject to most of section

226 of the Communications Act, relating

to telephone operator services. CMRS

providers on these bands will also be

subject to the Commission’s complete

detariffing of interstate, interexchange

services offered by non-dominant

interexchange carriers, to our

elimination of part 41 requirements

applicable to franks, and to our

elimination of prior approval

requirements for most pro forma transfer

applications involving

telecommunications carriers. CMRS

providers on this spectrum will,

however, be required to support service

provider Local Number Portability by

November 24, 2002.

25. With regard to providers of fixed

common carrier services, such entities

are specifically exempt from the

requirement that authority be sought for

interlocking directorates, following the

Commission’s decision in its 1998

Biennial Regulatory Review of part 62 of

the Commission rules. See 1998

Biennial Regulatory Review—Repeal of

part 62 of the Commission’s rules, CC

Docket No. 98–195, Report and Order,

FCC 99–163 (July 16, 1999), 1999 WL

503615, 64 FR 43937, August 13, 1999.

In addition, the First R&O applies to

licensees on these bands the recent

amendment of 47 CFR 63.71, which

provides for the automatic grant of a

nondominant common carrier’s

application for discontinuance after 31

days. This establishes comparable

regulatory treatment between wireline

providers and fixed wireless providers

operating on the 747–762 MHz and 777–

792 MHz bands.

26. The Commission’s network

reliability requirements, however, will

not apply to fixed service common

carrier licensees on this spectrum.

When such services are involuntarily

discontinued, reduced, or impaired for

more than 48 hours, the licensee must

promptly notify the Commission in

writing of the reasons, and include a

statement indicating when normal

service will be resumed. The licensee

must also promptly notify the

Commission when normal service is

resumed.

27. The First R&O also determined

that a non-common carrier licensee on

these bands that voluntarily

discontinues, reduces, or impairs

service to a community or part of a

community will be required to give

written notice to the Commission within

seven days. Neither a non-common

carrier nor a fixed service common

carrier, however, need surrender its

license for cancellation if the

‘‘discontinuance’’ is merely a change in

common carrier or non-common carrier

status.

28. (9) Equal employment opportunity

(EEO). Because the service rules permit

licensees on these bands to provide any

service consistent with the technical

regulations, including wireless and

broadcast services, the Commission

determined not to include an explicit

EEO provision in part 27 of the rules.

Rather, an applicant’s election on its

Form 601 of one of several specific

regulatory classifications will determine

which of the several, service-based

Commission EEO rules will apply.

29. We now turn to technical rules.

These can be divided into: (1) In-band

interference control; (2) out-of-band and

spurious emission limits; (3) RF safety

and power limits; and (4) special

considerations raised by use of channels

65, 66 and 67. Apart from the specific

provisions described here, all licensees

are subject to the general provisions of

part 27.

30. (1) In-band interference control.

The First R&O adopts the field strength

limit approach to control co-channel

interference in these bands. The rules

thus require licensees to limit signals

from all base and fixed stations

operating in the 747–762 MHz band to

a predicted or measured field strength,

specifically 40 dBu/m, at the licensee’s

geographic border.

31. (2) Out-of-band and spurious

emission limits. The NPRM in this

proceeding recognized both general

concerns with interference caused by

emissions outside the licensee’s

assigned spectrum, and specifically

stated Congressional concern with

ensuring that public safety service

licensees operate free of interference

from new commercial licensees. In the

First R&O, the Commission seeks to

protect public safety services while

maintaining the viability of adjacent

commercial bands. Specifically, the

First R&O requires licenses operating in

the 747–762 MHz and 777–792 MHz

bands to attenuate power for emissions

on any frequency outside the authorized

spectrum by at least 43 + 10 log (P) dB,

where P is the transmitter power. In

addition, the Commission adopts a more

stringent out-of-band emission limit

(OOBE) of 76 + 10 log10 (P) dB per 6.25

kHz for emissions from base station

transmitters operating on the 747–762

MHz sub-bands into the 764–776 MHz

and 794–806 MHz public safety bands.

32. For mobile and portable

transmitters, which will operate in the

777–792 MHz sub-band, the First R&O

specifies an OOBE attenuation

requirement of at least 65 + 10 log P dB

per 6.25 kHz in the 764–776 MHz and

794–806 MHz public safety bands. If

fixed transmissions are employed in the

777–792 MHz band, interference to

public safety operations in the 764–776

MHz band would resemble the type of

interference to that band caused by base

stations operating in the 747–762 MHz

band (and for which we have adopted

a 76 + 10 log P standard). Accordingly,

for fixed transmissions in the 777–792

MHz band, the First R&O adopts the

standard applied to emissions from base

stations in the 747–762 MHz band,

which requires attenuation of fixed

transmitters by at least 76 + 10 log P dB

per 6.25 kHz in the 764–776 and 794–

806 MHz public safety bands. The

Commission also stated its intention to

consider greater out-of-band attenuation

when emissions from a transmitter

operating in the 747–762 and 777–792

MHz bands causes harmful interference

to public safety operations.

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3143

33. These technical regulations

governing OOBE and spurious

emissions are supplemented by

additional regulations governing use of

channels 65, 66, and 67.

34. (3) RF safety and power limits.

The First R&O adopts a threshold of

1000 w ERP for categorical exclusion

from routine evaluation for RF exposure

for base and fixed stations. For portable

devices, the First R&O adopts a

maximum power of 3 w ERP, with the

provision that these devices be

evaluated for RF exposure in

compliance with § 2.1093 of the

Commission’s rules. This will require

modification of §§ 1.1307(b), 2.1091,

and 2.1093 of the Commission’s rules to

include potential services and devices

developed for use in the 700 MHz band.

35. The First R&O adopts the

following power limits: (1) For base

stations and fixed stations operating in

the 747–762 MHz band, an effective

radiated power (ERP) no greater than

1,000 watts and an antenna height above

average terrain (HAAT) no greater than

305 meters; (2) for mobile, fixed, and

control stations operating in the 777–

792 MHz band, an ERP no greater than

30 watts; and (3) for portable stations

operating in the 777–792 MHz band, an

ERP no greater than 3 watts.

36. (4) Special considerations for Use

of Channels 65, 66, and 67. The second

harmonic transmissions of services

operating on these channels, from 776

MHz to 794 MHz, fall within a band

used for radionavigation in the Global

Navigation Satellite System (GNSS),

which includes the Global Positioning

System (GPS). To protect this system

and ensure that commercial equipment

operating in these bands does not cause

interference to the GNSS, especially

when GNSS is used for precision

approach and landing, the First R&O

adopts the following OOBE limits for all

spurious emissions, including

harmonics, that fall within the 1559–

1610 MHz frequency range, from

equipment operating in the 747–762

MHz and 777–792 MHz bands. First, for

wideband emissions, the OOBE limit

will be ¥70 dBW/MHz equivalent

isotropically radiated power (EIRP).

Second, for discrete emissions of less

than 700 Hz bandwidth, an absolute

EIRP limit of ¥80 dBW.

37. We now turn to competitive

bidding issues. The First R&O

determined that because the

Commission has not yet completed the

development of a practical means of

implementing combinatorial bidding

procedures, such procedures should not

be used for these bands. The

Commission will use the competitive

bidding procedures contained in

subpart Q of Part 1 of the Commission’s

rules for the auction of licenses in these

bands, including any amendments

adopted in the ongoing part 1

proceeding. While these rules generally

will be adequate for the auction of

licenses for all uses permitted in these

bands, the Commission also directed the

Wireless Telecommunications Bureau to

adopt, if operationally feasible, an

optional nationwide bid withdrawal

procedure for the 747–762 MHz and

777–792 MHz bands that would cap bid

withdrawal payments for bidders

seeking a 30 megahertz nationwide

aggregation. Such a procedure would

require applicants to declare on their

short-form applications whether they

seek a 30 megahertz nationwide

aggregation and wish to be subject to the

nationwide bid withdrawal provisions.

Applicants that choose to be such a

nationwide bidder would not be

allowed to bid on anything other than

all licenses comprising the 30 megahertz

aggregation, and must win either this

aggregation or no licenses at all. The bid

withdrawal payment for a 30 megahertz

nationwide bidder that withdraws from

the auction would be calculated as the

difference between the sum of the

withdrawn bids and the sum of the

subsequent high bids on the withdrawn

licenses. In addition, nationwide bid

withdrawal payments would be limited

to a certain percentage, such as 5

percent, of the aggregate withdrawn

bids. Applicants that do not choose this

nationwide bid withdrawal option may

still aggregate licenses pursuant to the

standard bid withdrawal provisions.

The Bureau will seek comment on

whether to implement this procedure in

its public notice seeking comment on

auction procedures for these bands, and

will announce, prior to the filing of

short-form applications for the auction,

whether a 30 megahertz nationwide

aggregation subject to this procedure

will be available.

38. For purposes of the auction of

licenses for these bands, the

Commission will define a small

business as an entity with average

annual gross revenues for the preceding

three years not exceeding $40 million. A

very small business is an entity with

average annual gross revenues for the

preceding three years not exceeding $15

million. In calculating gross revenues

for purposes of small business

eligibility, the Commission will

attribute the gross revenues of the

applicant, its controlling interests and

its affiliates. Consistent with the levels

of bidding credits adopted in the Part 1

proceeding, small businesses will

receive a 15 percent bidding credit, and

very small businesses will receive a 25

percent bidding credit. The First R&O

does not adopt special preferences for

entities owned by minorities or women,

because the Commission does not have

an adequate record to support such

special provisions under current

standards of judicial review.

39. We now turn to protection of

television services from interference

caused by licensees on these bands.

Previous Commission decisions stated

that television operations in the 746–

806 MHz band would be fully protected

during the digital television (DTV)

transition period. See Advanced

Television Systems and Their Impact

Upon the Existing Television Broadcast

Service, MM Docket No. 87–268, Sixth

Report and Order, 12 FCC Rcd 14588

(1997), 62 FR 2668, July 11, 1997;

Reallocation of Television Channels 60–

69, the 746–806 MHz Band, ET Docket

No. 97–157, Notice of Proposed Rule

Making, 12 FCC Rcd 14141 (1997), 62

FR 41012, July 31, 1997. The subsequent

Public Safety Spectrum Report and

Order, adopting service rules for the

public safety uses of the 700 MHz band,

addressed the protection of transitional

television operations in the 764–776

MHz and 794–806 MHz public safety

bands. See In the Matter of Development

of Operational, Technical and Spectrum

Requirements for Meeting Federal,

State, and local Public Safety Agency

Requirements Through the Year 2010;

Establishment of Rules and

Requirements For Priority Access

Service, WT Docket No. 96–86, First

Report and Order and Third Notice of

Proposed Rulemaking, 14 FCC Rcd 152

(1998), 63 FR 58645, November 2, 1998

(Public Safety Spectrum Report and

Order). The Commission concludes in

the First R&O that the factors and

considerations examined in the Public

Safety Spectrum Report and Order with

regard to protection of television service

should also apply to the use of the 747–

762 MHz and 777–792 MHz bands.

Licensees operating on these bands will

be required to comply with the

provisions of 47 CFR 90.545, and the

First R&O incorporates those provisions

into part 27, as 47 CFR 27.60.

40. The existing agreements with

Canada and Mexico covering television

broadcast use of the UHF 470–806 MHz

band do not reflect the additional use or

services being adopted in the First R&O.

Until supplemental agreements have

been finalized, licenses issued for these

bands within 120 km of the national

borders will be subject to such future

agreements. Licensees operating in

border areas will be granted on the

condition that harmful interference may

not be caused to, but must be accepted

3144 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

from, UHF television transmitters in

Canada and Mexico. Also, pending

further negotiations, the First R&O

adopts the protection criteria for

domestic television stations as interim

criteria for Canadian and Mexican

television stations.

41. The effect of continued television

operations by protected incumbents on

the usefulness of these spectrum blocks

was recognized in the NPRM, which

proposed to permit new licensees to

reach agreement with protected,

incumbent television licensees for: (1)

Accelerated conversion to DTV-only

transmission; (2) acceptance of higher

levels of interference than allowed by

the protection standards; or (3)

otherwise accommodating the new

licensees. The First R&O recognizes the

spectrum management challenge of both

minimizing the operational difficulties

posed by incumbents to new wireless

licensees, while maintaining broadcast

services through the transition period.

The extended license term specified for

services on these bands reflects that

licensees may not have uncompromised

use of the spectrum resource for some

years, under the statutory provision for

DTV transition.

42. In addition, to the extent that

incumbent television licensees seek to

negotiate with new licensees on these

bands, and develop accommodations

that affect only the analog television

broadcast, the unitary license

established for NTSC and DTV

television facilities may pose

administrative complications. The First

R&O states the Commission’s

willingness to consider specific

regulatory requests needed to

implement voluntary agreements

reached between incumbent television

licensees and new licensees in these

bands. In considering the public interest

aspects of specific requests, the

Commission would consider both the

benefits of provisioning new wireless

services, including service to

underserved areas, and the loss of

service to the community of the

broadcast licensee.

Final Regulatory Flexibility Analysis

43. As required by the Regulatory

Flexibility Act, 5 U.S.C. 603 (RFA), an

Initial Regulatory Flexibility Analysis

(IRFA) was incorporated into the NPRM

issued in this proceeding. See Service

Rules for the 746–764 and 776–794 MHz

Bands, and Revisions to Part 27 of the

Commission’s Rules, WT Docket No.

99–168, Notice of Proposed Rulemaking,

FCC 99–97, June 3, 1999 (NPRM), 1999

WL 350460, 64 FR 36686, July 7, 1999.

The Commission sought written public

comments in the NPRM, including

comment on the IRFA. Under the

provisions of the Consolidated

Appropriations enactment, however, the

Commission is exempt from 5 U.S.C.

Chapter 6 and so is not required to

prepare a Final Regulatory Flexibility

Analysis (FRFA) as part of this First

R&O. See Consolidated Appropriations,

Appendix E. Sec. 213. See also 145

Cong. Rec. at H12493–94 (Nov. 17,

1999).

Ordering Clauses

44. Part 27 of the Commission’s Rules

is accordingly amended. The rule

amendments made by this First R&O

shall become effective January 20, 2000,

pursuant to the Consolidated

Appropriations statute. See Public Law

106–113, 113 Stat. 1501, Appendix E,

Section 213. ‘‘Making consolidated

appropriations for the fiscal year ending

September 30, 2000, and for other

purposes.’’ (Consolidated

Appropriations). See also 145 Cong.

Rec. at H12493–94, H12501 (Nov. 17,

1999).

45. The Office of Public Affairs,

Reference Operations Division, shall

send a copy of this First R&O to the

Chief Counsel for Advocacy of the Small

Business Administration.

Paperwork Reduction Act

46. The First R&O contains a new

information collection. The actions

contained in this First R&O are,

however, exempt from the Paperwork

Reduction Act of 1995 under the

Consolidated Appropriations statute.

See Consolidated Appropriations,

Appendix E. Sec. 213. See also 145

Cong. Rec. at H12493–94 (Nov. 17,

1999). Implementation of the revisions

to part 27 required to assign licenses in

these commercial spectrum bands,

including revisions to information

collections, are therefore not subject to

approval by the Office of Management

and Budget, and became effective on

adoption. As a matter of information,

the new paperwork requirements

contained in the First R&O are limited

to: (1) Minor revisions to existing

Commission Form 601, to reflect the

scope of possible services to be

provided on these spectrum blocks; and

(2) the application of existing

information collection requirements

associated with the auction and

licensing processes to entities

participating in the auction of these

spectrum blocks.

List of Subjects CFR 47 CFR Part 27

Telecommunications.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR part 27 as

follows:

1. The authority citation for part 27 is

revised to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303,

307, 309, 332, 336, and 337 unless otherwise

noted.

2. The heading for part 27 is revised

to read as follows:

PART 27—MISCELLANEOUS

WIRELESS COMMUNICATIONS

SERVICES

3. Section 27.1 is amended in

paragraph (a) by removing the phrase

‘‘for the Wireless Communications

Service (WCS)’’ and adding in its place

the phrase ‘‘for miscellaneous wireless

communications services (WCS)’’, and

by revising paragraph (b) to read as

follows:

§ 27.1 Basis and purpose.

* * * * *

(b) Purpose. This part states the

conditions under which spectrum is

made available and licensed for the

provision of wireless communications

services in the following bands.

(1) 2305–2320 MHz and 2345–2360

MHz.

(2) 747–762 MHz and 777–792 MHz.

* * * * *

4. Section 27.2 is revised to read as

follows:

§ 27.2 Permissible communications.

(a) Miscellaneous wireless

communications services. Subject to

technical and other rules contained in

this part, a licensee in the frequency

bands specified in § 27.5 may provide

any services for which its frequency

bands are allocated, as set forth in the

non-Federal Government column of the

Table of Allocations in § 2.106 of this

chapter (column 5).

(b) Satellite DARS. Satellite digital

audio radio service (DARS) may be

provided using the 2310–2320 and

2345–2360 MHz bands. Satellite DARS

service shall be provided in a manner

consistent with part 25 of this chapter.

5. Section 27.3 is amended by

redesignating paragraph (e) as paragraph

(f), paragraphs (f), (g), and (h) as

paragraphs (k), (l), and (m), and by

adding paragraphs (e), (g), (h), (i), (j) and

(n) to read as follows:

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3145

§ 27.3 Other applicable rule parts.

* * * * *

(e) Part 15. This part sets forth the

requirements and conditions applicable

to certain radio frequency devices.

* * * * *

(g) Part 20. This part sets forth the

requirements and conditions applicable

to commercial mobile radio service

providers.

(h) Part 21. This part sets forth rules

the requirements and conditions

applicable to point-to-point microwave

services relating to communications

common carriers.

(i) Part 22. This part sets forth the

requirements and conditions applicable

to public mobile services.

(j) Part 24. This part sets forth the

requirements and conditions applicable

to personal communications services.

* * * * *

(n) Part 101. This part sets forth the

requirements and conditions applicable

to fixed microwave services.

6. Section 27.4 is amended by adding

a new definition for ‘‘broadcast

services’’, and revising the definition for

‘‘wireless communications service’’ in

alphabetical order to read as follows:

§ 27.4 Terms and definitions.

* * * * *

Broadcast services. This term shall

have the same meaning as that for

‘‘broadcasting’’ in section 3(6) of the

Communications Act of 1934, i.e., ‘‘the

dissemination of radio communications

intended to be received by the public,

directly or by the intermediary of relay

stations.’’ 47 U.S.C. 153(6).

* * * * *

Wireless communications service. A

radiocommunication service licensed

pursuant to this part for the frequency

bands specified in § 27.5.

7. Section 27.5 is amended by

redesignating paragraphs (a) and (b) as

(a)(1) and (a)(2), redesignating and

revising the introductory text as

paragraph (a) and adding paragraph (b)

to read as follows:

§ 27.5 Frequencies.

(a) 2305–2320 MHz and 2345–2360

MHz bands. The following frequencies

are available for WCS in the 2305–2320

MHz and 2345–2360 MHz bands:

* * * * *

(b) 746–764 MHz and 776–794 MHz

bands. The following frequencies are

available for licensing pursuant to this

part in the 746–764 MHz and 776–794

MHz bands:

(1) Two paired channels of 1

megahertz each are available for

assignment. Block A: 746–747 MHz and

776–777 MHz.

(2) Two paired channels of 2

megahertz each are available for

assignment. Block B: 762–764 MHz and

792–794 MHz.

(3) Two paired channels of 5

megahertz each are available for

assignment. Block C: 747–752 MHz and

777–782 MHz.

(4) Two paired channels of 10

megahertz each are available for

assignment. Block D: 752–762 MHz and

782–792 MHz.

8. Section 27.6 is amended by

redesignating paragraphs (a) and (b) as

(a)(1) and (a)(2), redesignating and

revising the introductory text as

paragraph (a), and adding a new

paragraph (b) to read as follows:

§ 27.6 Service areas.

(a) 2305–2320 MHz and 2345–2360

MHz bands. WCS service areas for the

2305–2320 MHz and 2345–2360 MHz

bands are Major Economic Areas

(MEAs) and Regional Economic Area

Groupings (REAGs) as defined below.

Both MEAs and REAGs are based on the

U.S. Department of Commerce’s 172

Economic Areas (EAs). See 60 FR 13114

(March 10, 1995). In addition, the

Commission shall separately license

Guam and the Northern Mariana

Islands, Puerto Rico and the United

States Virgin Islands, American Samoa,

and the Gulf of Mexico, which have

been assigned Commission-created EA

numbers 173–176, respectively. Maps of

the EAs, MEAs, and REAGs and the

Federal Register Notice that established

the 172 EAs are available for public

inspection and copying at the FCC

Public Reference Room, Room CY–

A257, 445 12th Street SW, Washington,

D.C. 20554.

* * * * *

(b) 746–764 MHz and 776–794 MHz

bands. WCS service areas for the 746–

764 MHz and 776–794 MHz bands are

as follows.

(1) [Reserved]

(2) Service areas for Blocks C and D

in the 747–762 MHz and 777–792 MHz

bands are based on Economic Area

Groupings (EAGs) as defined by the

Federal Communications Commission.

See 62 FR 15978 (April 3, 1997)

extended with the Gulf of Mexico. See

also 62 FR 9636 (March 3, 1997), in

which the Commission created an

additional four economic area-like areas

for a total of 176. Maps of the EAGs and

the Federal Register Notice that

established the 172 Economic Areas

(EAs) are available for public inspection

and copying at the Reference Center,

Room CY A–257, 445 12th St., S.W.,

Washington, DC 20554. These maps and

data are also available on the FCC

website at www.fcc.gov/oet/info/maps/

areas/.

(i) There are 6 EAGs, which are

composed of multiple EAs as defined in

the table below:

Economic area groupings Name Economic areas

EAG001 ........................................... Northeast ....................................... 1–11, 54

EAG002 ........................................... Mid-Atlantic .................................... 12–26, 41, 42, 44–53, 70

EAG003 ........................................... Southeast ....................................... 27–40, 43, 69, 71–86, 88–90, 95, 96, 174, 176(part)

EAG004 ........................................... Great Lakes ................................... 55–68, 97, 100–109

EAG005 ........................................... Central/Mountain ........................... 87, 91–94, 98, 99, 110–146, 148, 149, 152, 154–159, 176(part)

EAG006 ........................................... Pacific ............................................ 147, 150, 151, 153, 160–173, 175

Note 1 to paragraph (b)(2)(i): Economic

Area Groupings are defined by the Federal

Communications Commission; see 62 FR

15978 (April 3, 1997) extended with the Gulf

of Mexico.

Note 2 to paragraph (b)(2)(i): Economic

Areas are defined by the Regional Economic

Analysis Division, Bureau of Economic

Analysis, U.S. Department of Commerce

February 1995 and extended by the Federal

Communications Commission, see 62 FR

9636 (March 3, 1997).

(ii) For purposes of paragraph (b)(2)(i)

of this section, EA 176 (the Gulf of

Mexico) will be divided between

EAG003 (the Southeast EAG) and

EAG005 (the Central/Mountain EAG) in

accordance with the configuration of the

Eastern/ Central and Western Planning

Area established by the Mineral

Management Services Bureau of the

Department of the Interior (MMS). That

portion of EA 176 contained in the

Eastern and Central Planning Areas as

defined by MMS will be included in

3146 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

EAG003; that portion of EA 176

contained in the Western Planning Area

as defined by MMS will be included in

EAG005. Maps of these areas may be

found on the following MMS website:

www.gomr.mms.gov/homepg/offshore/

offshore.html.

9. Section 27.10 is added to subpart

B to read as follows:

§ 27.10 Regulatory status.

(a) Single authorization.

Authorization will be granted to provide

any or a combination of the following

services in a single license: common

carrier, non-common carrier, and

broadcast. A licensee may render any

kind of communications service

consistent with the regulatory status in

its license and with the Commission’s

rules applicable to that service. An

applicant or licensee may submit a

petition at any time requesting

clarification of the regulatory status for

which authorization is required to

provide a specific communications

service.

(b) Designation of regulatory status in

initial application. An applicant shall

specify in its initial application if it is

requesting authorization to provide

common carrier, non-common carrier,

or broadcast services, or a combination

thereof.

(c) Amendment of pending

applications. The following rules apply

to amendments of a pending

application.

(1) Any pending application may be

amended to:

(i) Change the carrier regulatory status

requested, or

(ii) Add to the pending request in

order to obtain common carrier, noncommon carrier, or broadcast status, or

a combination thereof, in a single

license.

(2) Amendments to change, or add to,

the carrier regulatory status in a pending

application are minor amendments filed

under § 1.927 of this chapter.

(d) Modification of license. The

following rules apply to amendments of

a license.

(1) A licensee may modify a license

to:

(i) Change the regulatory status

authorized, or

(ii) Add to the status authorized in

order to obtain a combination of

services of different regulatory status in

a single license.

(2) Applications to change, or add to,

the carrier status in a license are

modifications not requiring prior

Commission authorization. The licensee

must notify the Commission within 30

days of the change. If the change results

in the discontinuance, reduction, or

impairment of an existing service, the

licensee is subject to the provisions of

§ 27.66.

10. Section 27.11 is amended by

adding the following sentences to the

end of paragraph (a), by revising

paragraph (b), and by adding a new

paragraph (c) to read as follows:

§ 27.11 Initial authorization.

(a) * * * Initial authorizations shall

be granted in accordance with § 27.5.

Applications for individual sites are not

required and will not be accepted,

except where required for

environmental assessments, in

accordance with §§ 1.1301 through

1.1319 of this chapter.

(b) 2305–2320 MHz and 2345–2360

MHz bands. Initial authorizations for

the 2305–2320 MHz and 2345–2360

MHz bands shall be for 10 megahertz of

spectrum in accordance with § 27.5(a).

(1) Authorizations for Blocks A and B

will be based on Major Economic Areas

(MEAs), as specified in § 27.6(a)(1).

(2) Authorizations for Blocks C and D

will be based on Regional Economic

Area Groupings (REAGs), as specified in

§ 27.6(a)(2).

(c) 746–764 MHz and 776–794 MHz

bands. Initial authorizations for the

746–764 MHz and 776–794 MHz blocks

shall be for 1, 2, 5, or 10 megahertz of

spectrum in accordance with § 27.5(b).

(1) Authorizations for Block A,

consisting of two paired channels of 1

megahertz each, will be based on those

geographic areas specified in

§ 27.6(b)(1).

(2) Authorizations for Block B,

consisting of two paired channels of 2

megahertz each, will be based on those

geographic areas specified in

§ 27.6(b)(1).

(3) Authorizations for Block C,

consisting of two paired channels of 5

megahertz each, will be based on

Economic Area Groupings (EAGs), as

specified in § 27.6(b)(2).

(4) Authorizations for Block D,

consisting of two paired channels of 10

megahertz each, will be based on EAGs,

as specified in § 27.6(b)(2).

11. Section 27.13 is revised to read as

follows:

§ 27.13 License period.

(a) 2305–2320 MHz and 2345–2360

MHz bands. Initial WCS authorizations

for the 2305–2320 MHz and 2345–2360

MHz bands will have a term not to

exceed ten years from the date of

original issuance or renewal.

(b) 747–762 MHz and 777–792 MHz

bands. Initial authorizations for the

747–762 MHz and 777–792 MHz bands

will extend until January 1, 2014, except

that a part 27 licensee commencing

broadcast services, will be required to

seek renewal of its license for such

services at the termination of the eightyear term following commencement of

such operations.

§ 27.14 [Amended]

12. Section 27.14 is amended in

paragraph (a) by removing ‘‘ten years of

being licensed’’ and adding in its place

‘‘the prescribed license term set forth in

§ 27.13’’.

13. Section 27.15 is amended by

revising paragraph (b)(4) and adding a

new paragraph (e) to read as follows:

§ 27.15 Geographic partitioning and

spectrum disaggregation.

* * * * *

(b) * * *

(4) Signal levels. For purposes of

partitioning and disaggregation, part 27

systems must be designed so as not to

exceed the signal level specified for the

particular spectrum block in § 27.55 at

the licensee’s service area boundary,

unless the affected adjacent service area

licensees have agreed to a different

signal level.

* * * * *

(e) Compliance with construction

requirements. The following rules apply

for purposes of implementing the

construction requirements set forth in

§ 27.14.

(1) Partitioning. Parties to partitioning

agreements have two options for

satisfying the construction requirements

set forth in § 27.14. Under the first

option, the partitioner and partitionee

each certifies that it will independently

satisfy the substantial service

requirement for its respective

partitioned area. If a licensee

subsequently fails to meet its substantial

service requirement, its license will be

subject to automatic cancellation

without further Commission action.

Under the second option, the partitioner

certifies that it has met or will meet the

substantial service requirement for the

entire, pre-partitioned geographic

service area. If the partitioner

subsequently fails to meet its substantial

service requirement, only its license

will be subject to automatic cancellation

without further Commission action.

(2) Disaggregation. Parties to

disaggregation agreements have two

options for satisfying the construction

requirements set forth in § 27.14. Under

the first option, the disaggregator and

disaggregatee each certifies that it will

share responsibility for meeting the

substantial service requirement for the

geographic service area. If the parties

choose this option and either party

subsequently fails to satisfy its

substantial service responsibility, both

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3147

parties’ licenses will be subject to

forfeiture without further Commission

action. Under the second option, both

parties certify either that the

disaggregator or the disaggregatee will

meet the substantial service requirement

for the geographic service area. If the

parties choose this option, and the party

responsible subsequently fails to meet

the substantial service requirement,

only that party’s license will be subject

to forfeiture without further

Commission action.

14. Section 27.50 is amended by

redesignating paragraphs (a) and (b) as

paragraphs (b)(1) and (b)(2), by

removing ‘‘in the 2305–2320 MHz and

2345–2360 MHz bands’’, each place it

appears, by adding new paragraphs (a)

and (b) introductory text, and by adding

Table 1 following paragraph (c) to read

as follows:

§ 27.50 Power and antenna height limits.

(a) The following power and antenna

height limits apply to transmitters

operating in the 747–762 MHz and 777–

792 MHz bands:

(1) Fixed and base stations

transmitting in the 747–762 MHz band

must not exceed an effective radiated

power (ERP) of 1000 watts and an

antenna height of 305 m height above

average terrain (HAAT), except that

antenna heights greater than 305 m

HAAT are permitted if power levels are

reduced below 1000 watts ERP in

accordance with Table 1 of this section;

(2) Fixed, control, and mobile stations

transmitting in the 777–792 MHz band

are limited to 30 watts ERP;

(3) Portable stations (hand-held

devices) transmitting in the 777–792

MHz band are limited to 3 watts ERP;

(4) Maximum composite transmit

power shall be measured over any

interval of continuous transmission

using instrumentation calibrated in

terms of RMS-equivalent voltage. The

measurement results shall be properly

adjusted for any instrument limitations,

such as detector response times, limited

resolution bandwidth capability when

compared to the emission bandwidth,

etc., so as to obtain a true maximum

composite measurement for the

emission in question over the full

bandwidth of the channel.

(b) The following power limits apply

to the 2305–2320 MHz and 2345–2360

MHz bands:

* * * * *

(c) * * *

TABLE 1.—PERMISSIBLE POWER AND

ANTENNA HEIGHTS FOR BASE AND

FIXED STATIONS IN THE 747–762

MHZ BAND

Antenna height (AAT) in meters

(feet)

Effective

radiated

power

(ERP)

(watts)

Above 1372 (4500) ....................... 65

Above 1220 (4000) To 1372

(4500) ........................................ 70

Above 1067 (3500) To 1220

(4000) ........................................ 75

Above 915 (3000) To 1067 (4000) 100

Above 763 (2500) To 915 (3000) 140

Above 610 (2000) To 763 (2500) 200

Above 458 (1500) To 610 (2000) 350

Above 305 (1000) To 458 (1500) 600

Up to 305 (1000) .......................... 1000

15. Section 27.51 is revised to read as

follows:

§ 27.51 Equipment authorization.

(a) Each transmitter utilized for

operation under this part must be of a

type that has been authorized by the

Commission under its certification

procedure.

(b) Any manufacturer of radio

transmitting equipment to be used in

these services may request equipment

authorization following the procedures

set forth in subpart J of part 2 of this

chapter. Equipment authorization for an

individual transmitter may be requested

by an applicant for a station

authorization by following the

procedures set forth in part 2 of this

chapter.

16. Section 27.53 is amended by

revising paragraph (a) introductory text,

redesignating paragraph (c) as paragraph

(f), and adding paragraphs (c), (d) and

(e) to read as follows:

§ 27.53 Emission limits.

(a) For operations in the bands 2305–

2320 MHz and 2345–2360 MHz, the

power of any emission outside the

licensee’s frequency band(s) of

operation shall be attenuated below the

transmitter power (P) within the

licensed band(s) of operation, measured

in watts, by the following amounts:

* * * * *

(c) For operations in the 747 to 762

MHz band, the power of any emission

outside the licensee’s frequency band(s)

of operation shall be attenuated below

the transmitter power (P) within the

licensed band(s) of operation, measured

in watts, in accordance with the

following:

(1) On any frequency outside the 747

to 762 MHz band, the power of any

emission shall be attenuated outside the

band below the transmitter power (P) by

at least 43 + 10 log (P) dB;

(2) On all frequencies between 764 to

776 MHz and 794 to 806 MHz, by a

factor not less than 76 + 10 log (P) dB

in a 6.25 kHz band segment;

(3) Compliance with the provisions of

paragraph (c)(1) of this section is based

on the use of measurement

instrumentation employing a resolution

bandwidth of 100 kHz or greater.

However, in the 100 kHz bands

immediately outside and adjacent to the

frequency block, a resolution bandwidth

of at least 30 kHz may be employed;

(4) Compliance with the provisions of

paragraph (c)(2) of this section is based

on the use of measurement

instrumentation such that the reading

taken with any resolution bandwidth

setting should be adjusted to indicate

spectral energy in a 6.25 kHz segment.

(d) For operations in the 777 to 792

MHz band, the power of any emission

outside the licensee’s frequency

band(s)of operation shall be attenuated

below the transmitter power (P) within

the licensed band(s) of operation,

measured in watts, in accordance with

the following:

(1) On any frequency outside the 777

to 792 MHz band, the power of any

emission shall be attenuated outside the

band below the transmitter power (P) by

at least 43 + 10 log (P) dB;

(2) On all frequencies between 764 to

776 MHz and 794 to 806 MHz, by a

factor not less than 65 + 10 log (P) dB

in a 6.25 kHz band segment, for mobile

and portable stations transmitting in the

777 to 792 MHz band;

(3) On all frequencies between 764 to

776 MHz and 794 to 806 MHz, by a

factor not less than 76 + 10 log (P) dB

in a 6.25 kHz band segment, for fixed

stations transmitting in the 777 to 792

MHz band;

(4) Compliance with the provisions of

paragraph (d)(1) of this section is based

on the use of measurement

instrumentation employing a resolution

bandwidth of 100 kHz or greater.

However, in the 100 kHz bands

immediately outside and adjacent to the

frequency block, a resolution bandwidth

of at least 30 kHz may be employed;

(5) Compliance with the provisions of

paragraphs (d)(2) and (d)(3) of this

section is based on the use of

measurement instrumentation such that

the reading taken with any resolution

bandwidth setting should be adjusted to

indicate spectral energy in a 6.25 kHz

segment.

(e) For operations in the 747–762

MHz and 777–792 MHz bands,

emissions in the band 1559–1610 MHz

shall be limited to ¥70 dBW/MHz

equivalent isotropically radiated power

3148 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

(EIRP) for wideband signals, and ¥80

dBW EIRP for discrete emissions of less

than 700 Hz bandwidth. For the purpose

of equipment authorization, a

transmitter shall be tested with an

antenna that is representative of the

type that will be used with the

equipment in normal operation.

* * * * *

17. Section 27.55 is revised to read as

follows:

§ 27.55 Field strength limits.

The predicted or measured median

field strength at any location on the

geographical border of a part 27 service

area shall not exceed the value specified

for the following bands, unless the

adjacent affected service area licensees

agree to a different field strength. This

value applies to both the initially

offered service areas and to partitioned,

service areas.

(a) 2305–2320 and 2345–2360 MHz

bands: 47 dBuV/m.

(b) 747–762 and 777–792 MHz bands:

40 dBuV/m.

18. Section 27.60 is added to read as

follows:

§ 27.60 TV/DTV interference protection

criteria.

Base, fixed, control, and mobile

transmitters in the 747–762 MHz and

777–792 MHz frequency bands must be

operated only in accordance with the

rules in this section to reduce the

potential for interference to public

reception of the signals of existing TV

and DTV broadcast stations transmitting

on TV Channels 59 through 68.

(a) D/U ratios. Licensees must choose

site locations that are a sufficient

distance from co-channel and adjacent

channel TV and DTV stations, and/or

must use reduced transmitting power or

transmitting antenna height such that

the following minimum desired signalto-undesired signal ratios (D/U ratios)

are met.

(1) The minimum D/U ratio for cochannel stations is 40 dB at the

hypothetical Grade B contour (64 dBμV/

m) (88.5 kilometers (55 miles)) of the TV

station or 17 dB at the equivalent Grade

B contour (41 dBμV/m) (88.5 kilometers

(55 miles)) of the DTV station.

(2) The minimum D/U ratio for

adjacent channel stations is 0 dB at the

hypothetical Grade B contour (64 dBμV/

m) (88.5 kilometers (55 miles)) of the TV

station or ¥23 dB at the equivalent

Grade B contour (41 dBμV/m) (88.5

kilometers (55 miles)) of the DTV

station.

(b) TV stations and calculation of

contours. The methods used to calculate

TV contours and antenna heights above

average terrain are given in §§ 73.683

and 73.684 of this chapter. Tables to

determine the necessary minimum

distance from the 747–762 MHz or 777–

792 MHz station to the TV/DTV station,

assuming that the TV/DTV station has a

hypothetical or equivalent Grade B

contour of 88.5 kilometers (55 miles),

are located in § 90.309 of this chapter

and labeled as Tables B, D, and E.

Values between those given in the tables

may be determined by linear

interpolation. The locations of existing

and proposed TV/DTV stations during

the period of transition from analog to

digital TV service are given in Part 73

of this chapter and in the final

proceedings of MM Docket No. 87–268.

The DTV allotments on Channels 60

through 68 are:

State City NTSC TV Ch. DTV Ch. ERP (kW) HAAT (m.)

California .................................................................. Concord .................................................................... 42 63 61 856

California .................................................................. Long Beach .............................................................. 18 61 413.6 725

California .................................................................. Los Angeles ............................................................. 2 60 865.9 1107

California .................................................................. Los Angeles ............................................................. 11 65 688.7 896

California .................................................................. Los Angeles ............................................................. 13 66 679.7 899

California .................................................................. Riverside .................................................................. 62 68 180.1 723

California .................................................................. Sacramento .............................................................. 10 61 1000 595

California .................................................................. Stockton ................................................................... 64 62 63.5 874

New Jersey ............................................................... Newark ..................................................................... 13 61 198.7 500

New Jersey ............................................................... Vineland ................................................................... 65 66 107.8 280

Pennsylvania ............................................................ Allentown .................................................................. 39 62 50 302

Pennsylvania ............................................................ Philadelphia .............................................................. 6 64 1000 332

Pennsylvania ............................................................ Philadelphia .............................................................. 10 67 791.8 354

Puerto Rico ............................................................... Aguada ..................................................................... 50 62 50.1 343

Puerto Rico ............................................................... Arecibo ..................................................................... 60 61 55 242

Puerto Rico ............................................................... Mayaguez ................................................................. 16 63 50.1 347

Puerto Rico ............................................................... Naranjito ................................................................... 64 65 50.1 142

Puerto Rico ............................................................... Ponce ....................................................................... 7 66 407.4 826

Wisconsin ................................................................. Milwaukee ................................................................ 18 61 519.8 307

Note: DTV stations on Channel 59 must be

considered even though they are not

indicated in the above table. The transition

period is scheduled to end on December 31,

2006. After that time, unless otherwise

directed by the Commission, 747–762 MHz

and 777–792 MHz stations will no longer be

required to protect reception of co-channel or

adjacent channel TV/DTV stations.

(1) Licensees of stations operating

within the ERP and HAAT limits of

§ 27.50 must select one of three methods

to meet the TV/DTV protection

requirements, subject to Commission

approval:

(i) Utilize the geographic separation

specified in the tables referenced below;

(ii) Submit an engineering study

justifying the proposed separations

based on the actual parameters of the

land mobile station and the actual

parameters of the TV/DTV station(s) it is

trying to protect; or,

(iii) Obtain written concurrence from

the applicable TV/DTV station(s). If this

method is chosen, a copy of the

agreement must be submitted with the

application.

(2) The following is the method for

geographic separations.

(i) Base and fixed stations that operate

in the 747–762 MHz band having an

antenna height (HAAT) less than 152 m.

(500 ft.) shall afford protection to cochannel and adjacent channel TV/DTV

stations in accordance with the values

specified in Table B (co-channel

frequencies based on 40 dB protection)

and Table E (adjacent channel

frequencies based on 0 dB protection) in

§ 90.309 of this chapter. For base and

fixed stations having an antenna height

(HAAT) between 152–914 meters (500–

3,000 ft.) the effective radiated power

must be reduced below 1 kilowatt in

accordance with the values shown in

the power reduction graph in Figure B

in § 90.309 of this chapter. For heights

of more than 152 m. (500 ft.) above

average terrain, the distance to the radio

path horizon will be calculated

assuming smooth earth. If the distance

so determined equals or exceeds the

distance to the hypothetical or

equivalent Grade B contour of a cochannel TV/DTV station ( i.e., it exceeds

the distance from the appropriate Table

in § 90.309 of this chapter to the

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3149

relevant TV/DTV station), an

authorization will not be granted unless

it can be shown in an engineering study

(see paragraph (b)(1)(ii) of this section)

that actual terrain considerations are

such as to provide the desired

protection at the actual Grade B contour

(64 dBμV/m for TV and 41 dBμV/m for

DTV stations) or unless the effective

radiated power will be further reduced

so that, assuming free space attenuation,

the desired protection at the actual

Grade B contour (64 dBμV/m for TV and

41 dBμV/m coverage contour for DTV

stations) will be achieved. Directions for

calculating powers, heights, and

reduction curves are listed in § 90.309 of

this chapter for land mobile stations.

Directions for calculating coverage

contours are listed in §§ 73.683–685 of

this chapter for TV stations and in

§ 73.625 of this chapter for DTV

stations.

(ii) Control, fixed, and mobile stations

(including portables) that operate in the

777–792 MHz band are limited in height

and power and therefore shall afford

protection to co-channel and adjacent

channel TV/DTV stations in accordance

with the values specified in Table D (cochannel frequencies based on 40 dB

protection for TV stations and 17 dB for

DTV stations) in § 90.309 of this chapter

and a minimum distance of 8 kilometers

(5 miles) from all adjacent channel TV/

DTV station hypothetical or equivalent

Grade B contours (adjacent channel

frequencies based on 0 dB protection for

TV stations and ¥23 dB for DTV

stations). Since control, fixed, and

mobile stations may affect different TV/

DTV stations than the associated base or

fixed station, particular care must be

taken by applicants/licensees to ensure

that all appropriate TV/DTV stations are

considered (e.g. a base station may be

operating within TV Channel 62 and the

mobiles within TV Channel 67, in

which case TV Channels 61, 62, 63, 66,

67 and 68 must be protected). Control,

fixed, and mobile stations shall keep a

minimum distance of 96.5 kilometers

(60 miles) from all adjacent channel TV/

DTV stations. Since mobiles and

portables are able to move and

communicate with each other, licensees

must determine the areas where the

mobiles can and cannot roam in order

to protect the TV/DTV stations.

(iii) In order to protect certain TV/

DTV stations and to ensure protection

from these stations which may have

extremely large contours due to unusual

height situations, an additional distance

factor must be used by all base, fixed,

control, and mobile stations. For all cochannel and adjacent channel TV/DTV

stations which have an HAAT between

350 and 600 meters, licensees must add

the following DISTANCE FACTOR to

the value obtained from the referenced

Tables in § 90.309 of this chapter and to

the distance for control, fixed, and

mobile stations on adjacent TV/DTV

channels (96.5 km).

DISTANCE FACTOR = (TV/DTV

HAAT ¥ 350) ÷ 14 in kilometers, where

HAAT is the TV or DTV station antenna

height above average terrain obtained

from its authorized or proposed

facilities, whichever is greater.

(iv) For all co-channel and adjacent

channel TV/DTV stations which have an

antenna height above average terrain

greater than 600 meters, licensees must

add 18 kilometers as the DISTANCE

FACTOR to the value obtained from the

referenced Tables in § 90.309 of this

chapter and to the distance for control,

fixed, and mobile stations on adjacent

TV/DTV channels (96.5 km).

Note to § 27.60: The 88.5 km (55 mi) Grade

B service contour (64 dBμV/m) is based on

a hypothetical TV station operating at an

effective radiated power of one megawatt, a

transmitting antenna height above average

terrain of 610 meters (2000 feet) and the

Commission’s R–6602 F(50,50) curves. See

§ 73.699 of this chapter. Maximum facilities

for TV stations operating in the UHF band are

5 megawatts effective radiated power at an

antenna HAAT of 610 meters (2,000 feet). See

§ 73.614 of this chapter. The equivalent

contour for DTV stations is based on a 41

dBμV/m signal strength and the distance to

the F (50,90) curve. See § 73.625 of this

chapter.

19. Section 27.66 is added to read as

follows:

§ 27.66 Discontinuance, reduction, or

impairment of service.

(a) Involuntary act. If the service

provided by a fixed common carrier

licensee is involuntarily discontinued,

reduced, or impaired for a period

exceeding 48 hours, the licensee must

promptly notify the Commission, in

writing, as to the reasons for

discontinuance, reduction, or

impairment of service, including a

statement when normal service is to be

resumed. When normal service is

resumed, the licensee must promptly

notify the Commission.

(b) Voluntary act by common carrier.

If a fixed common carrier licensee

voluntarily discontinues, reduces, or

impairs service to a community or part

of a community, it must obtain prior

authorization as provided under § 63.71

of this chapter. An application will be

granted within 30 days after filing if no

objections have been received.

(c) Voluntary act by non-common

carrier. If a fixed non-common carrier

licensee voluntarily discontinues,

reduces, or impairs service to a

community or part of a community, it

must give written notice to the

Commission within seven days.

(d) Notifications and requests.

Notifications and requests identified in

paragraphs(a) through (c) of this section

should be sent to: Federal

Communications Commission, Common

Carrier Radio Services, 1270 Fairfield

Road, Gettysburg, Pennsylvania, 17325.

§ 27.308 [Amended]

20. Section 27.308 is amended by

removing the phrase ‘‘WCS (see

subparts C and D of this part as

appropriate)’’ and adding in its place

the phrase ‘‘applicable frequency band (see

subparts C, D, and F of this part, as

appropriate)’’.

21. Part 27 is amended by adding

subpart F to read as follows:

Subpart F—Competitive Bidding

Procedures for the 747–762 MHz and

777–792 MHz Bands

§ 27.501 747–762 MHz and 777–792 MHz

bands subject to competitive bidding.

§ 27.502 Designated entities.

Subpart F—Competitive Bidding

Procedures for the 747–762 MHz and

777–792 MHz Bands

§ 27.501 747–762 MHz and 777–792 MHz

bands subject to competitive bidding.

Mutually exclusive initial

applications for licenses in the 747–762

MHz and 777–792 MHz bands are

subject to competitive bidding

procedures. The procedures set forth in

part 1, subpart Q, of this chapter will

apply unless otherwise provided in this

part.

§ 27.502 Designated entities.

(a) Eligibility for small business

provisions.

(1) A small business is an entity that,

together with its controlling interests

and affiliates, has average gross

revenues not exceeding $40 million for

the preceding three years.

(2) A very small business is an entity

that, together with its controlling

interests and affiliates, has average gross

revenues not exceeding $15 million for

the preceding three years.

(3) For purposes of determining

whether an entity meets either of the

definitions set forth in paragraphs (a)(1)

and (a)(2) of this section, the gross

revenues of the entity, its controlling

interests and affiliates shall be

considered on a cumulative basis and

aggregated. An applicant seeking status

as a small business or very small

business under this section must

disclose on its short-and long-form

applications, separately and in the

aggregate, the gross revenues of the

3150 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

applicant (or licensee), its controlling

interests and affiliates for each of the

previous three years.

(4) Persons or entities that hold

interests in an applicant (or licensee)

that are affiliates of each other or have

an identity of interests identified in

§ 1.2110(b)(4)(iii) of this chapter will be

treated as though they were one person

or entity and their ownership interests

aggregated for purposes of determining

an applicant’s (or licensee’s) compliance

with the requirements of this section.

(5) Where an applicant (or licensee)

cannot identify controlling interests

under the standards set forth in this

section, the gross revenues of all interest

holders in the applicant, and their

affiliates, will be attributable.

(6) A consortium of small businesses

(or a consortium of very small

businesses) is a conglomerate

organization formed as a joint venture

between or among mutually

independent business firms, each of

which individually satisfies the

definition in paragraph (a)(1) of this

section (or each of which individually

satisfies the definition in paragraph

(a)(2) of this section). Where an

applicant or licensee is a consortium of

small businesses (or very small

businesses), the gross revenues of each

small business (or very small business)

shall not be aggregated.

(7) Designated entities must describe

on their long-form applications how

they satisfy the requirements for

eligibility for designated entity status,

and must list and summarize on their

long-form applications all agreements

that affect designated entity status such

as partnership agreements, shareholder

agreements, management agreements

and other agreements, including oral

agreements, establishing, as applicable,

de facto or de jure control of the entity.

Such information must be maintained at

the licensee’s facilities or by its

designated agent for the term of the

license in order to enable the

Commission to audit designated entity

eligibility on an ongoing basis.

(b) Controlling interest.

(1) For purposes of this section, a

controlling interest includes individuals

or entities with either de jure or de facto

control of the applicant. De jure control

is evidenced by holdings of greater than

50 percent of the voting stock of a

corporation, or in the case of a

partnership, general partnership

interests. De facto control is determined

on a case-by-case basis. An entity must

disclose its equity interest and

demonstrate at least the following

indicia of control to establish that it

retains de facto control of the applicant:

(i) The entity constitutes or appoints

more than 50 percent of the board of

directors or management committee;

(ii) The entity has authority to

appoint, promote, demote, and fire

senior executives that control the dayto-day activities of the licensee; and

(iii) The entity plays an integral role

in management decisions.

(2) The following rules apply for the

calculation of certain interests.

(i) Ownership interests shall be

calculated on a fully diluted basis; all

agreements such as warrants, stock

options, and convertible debentures will

generally be treated as if the rights

thereunder already have been fully

exercised.

(ii) Partnership and other ownership

interests and any stock interest equity,

or outstanding stock or outstanding

voting stock shall be attributed as

specified below.

(iii) Stock interests held in trust shall

be attributed to any person who holds

or shares the power to vote such stock,

to any person who has the sole power

to sell such stock, and to any person

who has the right to revoke the trust at

will or to replace the trustee at will. If

the trustee has a familial, personal, or

extra-trust business relationship to the

grantor or the beneficiary, the stock

interests held in trust will be attributed

to the grantor or beneficiary, as

appropriate.

(iv) Non-voting stock shall be

attributed as an interest in the issuing

entity.

(v) Limited partnership interests shall

be attributed to limited partners and

shall be calculated according to both the

percentage of equity paid in and the

percentage of distribution of profits and

losses.

(vi) Officers and directors of an entity

shall be considered to have an

attributable interest in the entity. The

officers and directors of an entity that

controls a licensee or applicant shall be

considered to have an attributable

interest in the licensee or applicant.

(vii) Ownership interests that are held

indirectly by any party through one or

more intervening corporations will be

determined by successive multiplication

of the ownership percentages for each

link in the vertical ownership chain and

application of the relevant attribution

benchmark to the resulting product,

except that if the ownership percentage

for an interest in any link in the chain

exceeds 50 percent or represents actual

control, it shall be treated as if it were

a 100 percent interest.

(viii) Any person who manages the

operations of an applicant or licensee

pursuant to a management agreement

shall be considered to have a controlling

interest in such applicant or licensee if

such person, or its affiliate, has

authority to make decisions or

otherwise engage in practices or

activities that determine, or significantly

influence:

(A) The nature or types of services

offered by such an applicant or licensee;

(B) The terms upon which such

services are offered; or

(C) The prices charged for such

services.

(ix) Any licensee or its affiliate who

enters into a joint marketing

arrangement with an applicant or

licensee, or its affiliate, shall be

considered to have a controlling

interest, if such applicant or licensee, or

its affiliate, has authority to make

decisions or otherwise engage in

practices or activities that determine, or

significantly influence:

(A) The nature or types of services

offered by such an applicant or licensee;

(B) The terms upon which such

services are offered; or the prices

charged for such services.

(c) Bidding credits. A winning bidder

that qualifies as a small business or a

consortium of small businesses as

defined in this section may use the

bidding credit specified in

§ 1.2110(e)(2)(iii) of this chapter. A

winning bidder that qualifies as a very

small business or a consortium of very

small businesses as defined in this

section may use the bidding credit

specified in § 1.2110(e)(2)(ii) of this

chapter.

[FR Doc. 00–1332 Filed 1–19–00; 8:45 am]

BILLIING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 99–3040; MM Docket No. 98–72; RM–

9265, RM–9368]

Radio Broadcasting Services;

Middlebury, Berlin and Hardwick, VT

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Dynamite Radio, Inc.,

substitutes Channel 265C2 for Channel

265A at Middlebury, VT, reallots

Channel 265C2 to Berlin, VT, and

modifies the license of Station WGTK to

specify operation on the higher class

channel and specify Berlin as its

community of license. See 63 FR 36387,

July 6, 1998. At the request of

Montpelier Broadcasting, Inc., the