4920 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations

Note: Pursuant to Public Law 104–134, the

first inflation adjustment cannot exceed 10

percent of the statutory maximum amount.

* * * * *

[FR Doc. 97–2080 Filed 1–31–97; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Parts 74, 78, and 101

[ET Docket No. 96–35; FCC 97–1]

Flexible Standards for Directional

Microwave Antennas

ACTION: Final rule.

SUMMARY: This action amends the

performance standards for directional

microwave antennas of the

Commission’s Rules in order to permit

the use of new antenna technology.

Specifically, the rule amendments will

allow licensees to show compliance

with the Commission’s Rules for

antenna standards using either

minimum antenna gain or maximum

radiation beamwidth. This action

removes an implicit prohibition in the

Commission’s Rules against new types

of antennas which have narrow

beamwidths, but insufficient gains. This

action also will encourage innovation in

antenna technology and will give

licensees more options in the types of

antennas they may employ, without

decreasing spectrum efficiency or

increasing interference.

EFFECTIVE DATE: March 5, 1997.

FOR FURTHER INFORMATION CONTACT:

Michael J. Marcus, 418–2470 or Tom

Mooring, 418–2450, Office of

Engineering and Technology.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, ET Docket 96–35, FCC 97–

1, adopted January 2, 1997, and released

January 17, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, N.W.,

Washington, D.C., and also may be

purchased from the Commission’s

duplication contractor, International

Transcription Service, (202) 857–3800,

2100 M Street, N.W., Suite 140,

Washington, D.C. 20037.

Summary of the Report and Order

1. By this action, the Commission

amends its fixed service microwave

rules to make them more compatible

with certain emerging technologies for

directional antennas. Specifically, we

will permit alternative showings that

antennas comply with maximum

beamwidth requirements rather than

requirements for minimum antenna

gains. The Commission believes that

this action will preserve the intent of

the rules to maximize spectrum

efficiency and minimize interference. At

the same time, such changes will

provide Commission licensees with

additional flexibility to use directional

antennas employing emerging

technologies for which, in contrast to

conventional antennas, maximum

antenna beamwidth is not correlated

directly with minimum antenna gain.

Finally, the Commission believes that

these amendments promote the national

policy goals set forth in Section 257 of

the Communications Act by enabling

entrepreneurs and other small

businesses to market new and

innovative antenna technology to

providers of telecommunications

services and information services.

2. On February 29, 1996, we adopted

a Notice of Proposed Rule Making

(‘‘NPRM’’) in this proceeding, 61 FR

11798, March 22, 1996. In the NPRM,

we proposed to permit licensees to

make a showing that the antennas

employed under Parts 74, 78, and 101

meet minimum antenna performance

standards through the use of maximum

beamwidth requirements as an

alternative to minimum antenna gain

requirements. In addition, we proposed

to treat all antennas as if they had the

mainlobe shape and gain of a

conventional parabolic dish antenna.

3. The parties generally support the

basic proposal in the NPRM, that is, to

allow users to show compliance with

the minimum antenna performance

standards using either maximum

beamwidth or minimum gain. For

example, Comsearch states that

spectrum efficiency depends upon

antenna radiation pattern performance

(beamwidth, sidelobe suppression, and

front-to-back ratio), not upon antenna

gain, and that thus, there is no need for

a minimum antenna gain requirement as

long as the maximum beamwidth and

minimum radiation suppression

requirements are met. Endgate

Corporation (‘‘Endgate’’) agrees that the

adoption of this proposal would remove

a regulatory impediment to the use of

new antenna technology and further

states that such action would provide

manufacturers with the flexibility to

develop antennas with specific

performance properties that are

appropriate for the application, rather

than performance limited by preexisting regulations.

4. We agree with Comsearch that

spectrum efficiency is dependent upon

antenna radiation pattern performance,

that is, the beamwidth, sidelobe

suppression, and the front-to-back ratio,

and not upon antenna gain per se. Thus,

we find that a showing of maximum

beamwidth as an alternative to a

minimum antenna gain showing can be

permitted with no impact on spectrum

efficiency. Moreover, we believe that

such a change serves the public interest

because it allows a greater choice of

technologies for licensees. Accordingly,

we amend Sections 74.536, 74.641,

78.105, and 101.115 of the

Commission’s Rules to permit licensees

to demonstrate compliance using either

minimum gain or maximum beamwidth.

The table below summarizes these

amendments:

Minimum

gain

Maximum

beamwidth

(degrees)

Rule

section Band (GHz)

34 dBi ... 3.5 101.115 (c) 10.55–

10.68

36 dBi ... 2.7 101.115 (c) 3.7–4.2

38 dBi ... 2.2 101.115 (c) 5.925–

6.425

.......... 6.525–

6.875

.......... 10.55–

10.68

.......... 10.63–

10.68

.......... 10.7–11.7

.......... 17.70–

18.82

.......... 74.536(c) 17.7–19.7

.......... 74.641(a)

(1)

17.7–19.7

.......... 78.105(a)

(1)

17.7–19.7

.......... 101.115 (c) 18.92–

19.70

.......... 21.2–23.6

.......... Above 31.3

.......... 78.105(a)

(1)

38.6–40.0

5. In the NPRM, we observed that

even with the sidelobe suppression

required by the existing rules, new types

of antennas, such as planar array

antennas, may differ somewhat from

conventional dish and horn antennas in

the exact shape of the mainlobe. We

stated that we do not believe that these

differences in the shape of the mainlobe

would have a significant impact on

spectrum efficiency and, therefore, we

proposed to treat all antennas as if they

had the mainlobe shape and total gain

of a conventional parabolic dish

antenna.

6. We agree with Alcatel Network

Systems, Inc. (‘‘Alcatel’’), Comsearch,

and National Spectrum Managers

Association (‘‘NSMA’’) that the present

requirement that fixed microwave

applicants under Part 101 provide

antenna measurement data for

coordination should be retained without

modification because the use of actual
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations 4921

1See 47 CFR 74.536(b), 101.115(c) (1995).

2See 47 CFR 74.641(a)(3), 78.105(a)(3) (1995).

3Subtitle II of the CWAAA is ‘‘The Small

Business Regulatory Enforcement Fairness Act of

1996’’ (‘‘SBREFA’’), codified at 5 U.S.C. 601 et seq.

4 13 CFR 121.201, Standard Industrial

Classification (SIC) Code 4812.

5U.S. Dept. of Commerce, 1992 Census of

Transportation, Communications and Utilities:

Establishment and Firm Size 10123 (May 1995).

patterns will maximize spectrum

efficiency. Therefore, we are not

amending the rules in this respect. We

also agree with Andrew Corporation

(‘‘Andrew’’) that compliance with the

maximum beamwidth requirements

should be met in both the azimuth and

elevation planes. Accordingly, we are

amending the antenna standards tables

in Parts 74, 78, and 101 by adding a

footnote, which states that if a licensee

chooses to show compliance using

maximum beamwidth to 3 dB points,

the beamwidth limit shall apply in both

the azimuth and the elevation planes.

However, we decline to change the

radiation suppression limitations

because these issues are outside the

scope of this proceeding.

7. The Society of Broadcast Engineers

(‘‘SBE’’) requests that the Commission

apply the proposed flexible minimum

antenna standards to receiving antennas

as well as transmitting antennas. SBE

states that a receiving antenna with an

unnecessarily broad radiation pattern

envelope can have just as great a

preclusive effect on spectrum efficiency

as a transmitting antenna with an overly

broad pattern.

8. We observe that under the aural

broadcasting auxiliary station and fixed

microwave service rules, the new

flexible minimum antenna standards

apply to both transmitting and receiving

antennas.1 However, under the

television broadcast auxiliary station

and cable television relay service rules,

the choice of receiving antennas is left

to the discretion of the licensee. Further,

the licensee is not protected from

interference that results from the use of

antennas with poorer performance than

identified in the pertinent antenna

standards table.2

Final Regulatory Flexibility Analysis

9. As required by Section 603 of the

Regulatory Flexibility Act, 5 U.S.C. 603

(‘‘RFA’’), an Initial Regulatory

Flexibility Analysis (‘‘IRFA’’) was

incorporated into the NPRM in this

proceeding. The Commission sought

written public comments on the

proposals in the NPRM, including the

IRFA. The Commission’s Final

Regulatory Flexibility Analysis

(‘‘FRFA’’) in this Report and Order

conforms to the RFA, as amended by the

Contract With America Advancement

Act of 1996 (‘‘CWAAA’’), Public Law

104–121, 110 Stat. 847 (1996).3

10. Need for and Objectives of the

Rules. The rule amendments are needed

in order to allow licensees to make an

alternative showing of compliance with

the Commission’s Rules for antenna

standards. The objective of the rule

amendments is to permit the use of new

antenna technologies.

11. Summary of Significant Issues

Raised by the Public Comments in

Response to the IRFA. No comments

were submitted in direct response to the

IRFA. Nonetheless, we have considered

the significant economic impact of the

proposals on small entities.

12. Description and Estimate of the

Number of Small Entities to Which Rule

Will Apply. The RFA generally defines

the term ‘‘small business’’ as having the

same meaning as the term ‘‘small

business concern’’ under the Small

Business Act, 15 U.S.C. 632. Based on

the statutory provision, we will consider

a small business concern 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’’). The RFA SBREFA provisions

also apply to nonprofit organizations

and to governmental organizations.

13. These rule amendments pertain to

licensees providing point-to-point

microwave services. The Commission

has not developed a definition of small

entities applicable to these services.

Therefore, we will utilize the SBA

definition applicable to radiotelephone

companies. This definition provides

that a small entity is a radiotelephone

company employing fewer than 1,500

persons.4 Census Bureau data indicates

that there are 1,164 radiotelephone

companies with fewer than 1,500

employees, that might qualify as small

entities if they are independently owned

are operated.5 Since the Regulatory

Flexibility Act amendments were not in

effect until the record in this proceeding

was closed, the Commission was unable

to request information regarding the

number of small businesses that would

be affected by this action. It is unknown

how many small entities may be

affected. We believe that all entities

affected by the rule amendments will

benefit from this action which allows

licensees more flexibility in making a

showing that their antennas meet

minimum antenna performance

standards.

14. Description of Projected

Reporting, Recordkeeping and Other

Compliance Requirements. No new

requirements are involved. Licensees

will be afforded the option of complying

with a standard for maximum antenna

beamwidth as an alternative to

complying with the existing

requirement for minimum antenna gain.

Thus, the types of professional skills

necessary to comply with the rule

amendments already exist within the

effected companies.

15. Significant Alternatives and Steps

Taken by Agency to Minimize

Significant Economic Impact on a

Substantial Number of Small Entities

Consistent with Stated Objectives. We

have considered and rejected several

significant alternatives. The NPRM

raised the question of whether new

types of antennas should be presumed

to be conventional for coordination

purposes. All the commenting parties

opposed such a change and stated that

the present requirement that licensees

provide antenna measurement data for

coordination should be retained. We

agree and are keeping all such existing

requirements without modification. In

comments Endgate Corporation

proposes that the Commission adopt a

maximum radiated power envelope in

place of the existing rules which specify

both the maximum transmitter power

and the relative sidelobe radiation

suppression values. This would allow

wide antenna beams and higher

sidelobe levels for licensees that use less

than the maximum radiated power. Both

Comsearch and NSMA oppose Endgate’s

proposal in reply comments. Comsearch

points out that since most terrestrial

microwave systems are licensed below

the maximum EIRP limits, this proposal

would increase the amount of allowed

radiated power at angles off the main

beam which increases interference

potential and constrains frequency reuse

for terrestrial systems. NSMA raised

similar concerns. Thus we decline to

make this change as suggested by

Endgate as we find that the risk of

decreased spectrum efficiency

outweighs the benefits for microwave

licensees, including small entities.

16. Andrew interprets the existing

and proposed rules on beamwidth to

limit only horizontal beamwidth and

asks that the rules clearly state that both

horizontal and vertical beamwidth and

radiation suppression be limited. We

agree that for antennas to show

compliance with requirements by

meeting a maximum beamwidth that

beamwidth must apply in both planes.

However, we decline to apply this

requirement to antennas that show

compliance with the existing minimum

gain requirement. If a high gain

requirement is met by the antenna,

physical principals limit the amount of
4922 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations

trade off between vertical and horizontal

beamwidth that is possible. Also, we

clearly stated in the NPRM that we did

not intend to modify requirements for

existing antennas which met our

minimum gain requirement.

17. SBE requests that the Commission

apply the proposed flexible minimum

antenna standards to receiving antennas

as well as to transmitting antennas.

Since the NPRM addressed explicitly

the alternative minimum gain

requirement only, we will not consider

SBE’s request in this proceeding. SBE

also requests that the Commission issue

an updated list of ‘‘frequency congested

areas’’ in which Category A antennas

would be required. However, SBE

submitted no data indicating which

areas should be so designated. Since we

have no record to base a decision on, we

decline to act at this time.

18. Alcatel proposes that antenna

standards for the 10 GHz band be

relaxed to allow continued use of 2 foot

antennas after 1997 as opposed to the 4

foot antennas required by present rules.

Alcatel was supported in reply

comments by TIA. Similarly, INNOVA

proposes that requirements for 37–40

GHz antennas be relaxed. These two

proposals were outside the scope of the

original notice and we feel that there is

insufficient record to adopt them at this

time.

19. Report to Congress: The

Commission shall send a copy of this

Final Regulatory Flexibility Analysis,

along with this Report and Order, in a

report to Congress pursuant to the Small

Business Regulatory Enforcement

Fairness Act of 1996, 5 U.S.C. 801

(a)(1)(A).

List of Subjects

47 CFR Part 74

Radio, Television.

47 CFR Part 78

Cable television, Communications

equipment, Radio.

47 CFR Part 101

Communications common carriers,

Communications equipment, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Parts 74, 78, and 101 of the Code of

Federal Regulations are amended as

follows:

PART 74—EXPERIMENTAL RADIO,

AUXILIARY, SPECIAL BROADCAST

AND OTHER PROGRAM

DISTRIBUTIONAL SERVICES

1. The authority citation for Part 74

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, as

amended, 1082, as amended; 47 U.S.C. 154,

303, 554.

2. In Section 74.536, paragraphs (b)

and (c) are revised to read as follows:

§ 74.536 Directional antenna required.

* * * * *

(b) An aural broadcast STL or

intercity relay station operating in the

17.7–19.7 GHz band shall employ an

antenna that meets the performance

standards for Category A, except that in

areas not subject to frequency

congestion, antennas meeting standards

for Category B may be employed.

However, the Commission may require

the replacement, at the licensee’s

expense, of any antenna or periscope

antenna system of a permanent fixed

station that does not meet performance

Standard A, which is specified in the

table in paragraph (c) of this section,

upon a showing that said antenna

causes or is likely to cause interference

to (or receive interference from) any

other authorized or proposed station;

provided that an antenna meeting

performance Standard A is unlikely to

involve such interference.

(c) Licensees shall comply with the

antenna standards table shown in this

paragraph in the following manner:

(1) With either the maximum

beamwidth to 3 dB points requirement

or with the minimum antenna gain

requirement; and

(2) With the minimum radiation

suppression to angle requirement.

ANTENNA STANDARDS

Frequency (GHz) Category

Maximum

beamwidth

to 3 dB

points 1

(included

angle in

degrees)

Minimum

antenna

gain (dbi)

Minimum radiation suppression to angle in degrees from centerline of main beam in decibels

5° to

10°

10° to

15°

15° to

20°

20° to

30°

30° to

100°

100° to

140°

140° to

180°

17.7 to 19.7 .................................. A

B

2.2

2.2

38

38

25

20

29

24

33

28

36

32

42

35

55

36

55

36

31.0 to 31.3 2 ................................ n/a 3 4.0 38 n/a n/a n/a n/a n/a n/a n/a

1 If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and

the elevation planes. 2 Mobile, except aeronautical mobile, stations need not comply with these standards.

3The minimum front-to-back ratio shall be 38 dBi.

3. In Section 74.641, paragraph (a)(1) is revised to read as follows:

§ 74.641 Antenna systems.

(a) * * *

(1) Fixed TV broadcast auxiliary stations shall use directional antennas that meet the performance standards indicated

in the following table. Upon adequate showing of need to serve a larger sector, or more than a single sector, greater

beamwidth or multiple antennas may be authorized. Applicants shall request, and authorization for stations in this

service will specify, the polarization of each transmitted signal. Booster station antennas having narrower beamwidths

and reduced sidelobe radiation may be required in congested areas, or to resolve interference problems.

(i) Stations must employ an antenna that meets the performance standards for Category B. In areas subject to frequency

congestion, where proposed facilities would be precluded by continued use of a Category B antenna, a Category A

antenna must be employed. The Commission may require the use of a high performance antenna where interference

problems can be resolved by the use of such antennas.

(ii) Licensees shall comply with the antenna standards table shown in this paragraph in the following manner:

(A) With either the maximum beamwith to 3 dB points requirement or with the minimum antenna gain requirement;

and
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations 4923

(B) With the minimum radiation suppression to angle requirement.

ANTENNA STANDARDS

Frequency (MHz) Category

Maximum

beamwidth

to 3 dB

points 1

(included

angle

in degrees)

Minimum

antenna

gain

(dbi)

Minimum radiation suppression to angle in degrees from centerline of main beam in decibels

5° to

10°

10° to

15°

15° to

20°

20° to

30°

30° to

100°

100° to

140°

140° to

180°

1,990 to 2,110 .............................................. A ..............

B ..............

5.0

8.0

n/a

n/a

12

5

18

18

22

20

25

20

29

25

33

28

39

36

6,875 to 7,125 .............................................. A ..............

B ..............

1.5

2.0

n/a

n/a

26

21

29

25

32

29

34

32

38

35

41

39

49

45

12,700 to 13,250 .......................................... A ..............

B ..............

1.0

2.0

n/a

n/a

23

20

28

25

35

28

39

30

41

32

42

37

50

47

17,700 to 19,700 .......................................... A ..............

B ..............

2.2

2.2

38

38

25

20

29

24

33

28

36

32

42

35

55

36

55

36

31,000 to 31,300 2 ........................................ n/a ........... 3 4.0 38 n/a n/a n/a n/a n/a n/a n/a

1 If a licensee chooses to show compliance using maximum beamwith to 3 dB points, the beamwidth limit shall apply in both the azimuth and

the elevation planes. 2 Mobile, except aeronautical mobile, stations need not comply with these standards.

3The minimum front-to-back ratio shall be 38 dBi.

* * * * *

PART 78—CABLE TELEVISION RELAY SERVICE

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

Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47

U.S.C. 152, 153, 154, 301, 303, 307, 308, 309.

2. In Section 78.105, paragraph (a)(1) is revised to read as follows:

§ 78.105 Antenna systems.

(a) * * *

(1) Fixed CARS stations shall use directional antennas that meet the performance standards indicated in the following

table.

(i) Stations must employ an antenna that meets the performance standards for Category B. In areas subject to frequency

congestion, where proposed facilities would be precluded by continued use of a Category B antenna, a Category A

antenna must be employed. The Commission may require the use of a high performance antenna where interference

problems can be resolved by the use of such antennas.

(ii) Upon adequate showing of need to serve a larger sector, or more than a single sector, greater beamwidth or

multiple antennas may be authorized. Applicants shall request and authorization for stations in this service will specify

the polarization of each transmitted signal.

(iii) Licensees shall comply with the antenna standards table shown in this paragraph in the following manner:

(A) With either the maximum

beamwidth to 3 dB points requirement

or with the minimum antenna gain

requirement; and

(B) With the minimum radiation

suppression to angle requirement.

ANTENNA STANDARDS

Frequency (MHz) Category

Maximum

beamwidith

to 3 dB

points 1 (included

angle in degrees)

Minimum

antenna

gain (dbi)

Minimum radiation suppression to angle in degrees from centerline of main beam in decibels

5° to

10°

10° to

15°

15° to

20°

20° to

30°

30° to

100°

100° to

140°

140° to

180°

12,700 to 13,250 .......................... A

B

1.0

2.0

n/a

n/a

23

20

28

25

35

28

39

30

41

32

42

37

50

47

17,700 to 19,700 .......................... A

B

2.2

2.2

38

38

25

20

29

24

33

28

36

32

42

35

55

36

55

36

31,000 to 31,300 2 ........................ n/a 3 4.0 38 n/a n/a n/a n/a n/a n/a n/a
4924 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations

ANTENNA STANDARDS—Continued

Frequency (MHz) Category

Maximum

beamwidith

to 3 dB

points 1 (included

angle in degrees)

Minimum

antenna

gain (dbi)

Minimum radiation suppression to angle in degrees from centerline of main beam in decibels

5° to

10°

10° to

15°

15° to

20°

20° to

30°

30° to

100°

100° to

140°

140° to

180°

38,600 to 40,000 .......................... A

B

2.2

2.2

38

38

25

20

29

24

33

28

36

32

42

35

55

36

55

36

1 If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and

the elevation planes. 2 Mobile, except aeronautical, mobile, stations need not comply with these standards.

3The minimum front-to-back ratio shall be 38 dBi.

PART 101—FIXED MICROWAVE

SERVICES

1. The authority citation for Part 101

continues to read as follows:

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

2. In Section 101.115, paragraph (c) is

revised to read as follows:

§ 101.115 Directional antennas.

* * * * *

(c) Fixed stations (other than

temporary fixed stations and DEMS

nodal stations) operating at 932.5 MHz

or higher must employ transmitting and

receiving antennas (excluding second

receiving antennas for operations such

as space diversity) meeting the

appropriate performance Standard A

indicated below, except that in areas not

subject to frequency congestion,

antennas meeting performance Standard

B may be used, subject to the

requirements set forth in paragraph (d)

of this section. Licensees shall comply

with the antenna standards table shown

in this paragraph in the following

manner:

(1) With either the maximum

beamwidth to 3 dB points requirement

or with the minimum antenna gain

requirement; and

(2) With the minimum radiation

suppression to angle requirement.

ANTENNA STANDARDS

Frequency (MHz) Category

Maximum

beamwidth

to 3 dB

points 1 (included

angle in degrees)

Minimum

antenna

gain (dbi)

Minimum radiation suppression to angle in degrees from centerline of main beam in decibels

5°

to10°

10° to

15°

15° to

20°

20° to

30°

30° to

100°

100° to

140°

140° to

180°

932.5 to 935 ................................. A 14.0 n/a n/a 6 11 14 17 20 24

B 20.0 n/a n/a n/a 6 10 13 15 20

941.5 to 944 ................................. A 14.0 n/a n/a 6 11 14 17 20 24

B 20.0 n/a n/a n/a 6 10 13 15 20

952 to 960 2, 3 ............................... A 14.0 n/a n/a 6 11 14 17 20 24

B 20.0 n/a n/a n/a 6 10 13 15 20

1,850 to 2,500 4 ............................ A 5.0 n/a 12 18 22 25 29 33 39

B 8.0 n/a 5 18 20 20 25 28 36

3,700 to 4,200 .............................. A 2.7 36 23 29 33 36 42 55 55

B 2.7 36 20 24 28 32 32 32 32

5,925 to 6,425 5 ............................ A 2.2 38 25 29 33 36 42 55 55

B 2.2 38 21 25 29 32 35 39 45

5,925 to 6,425 6 ............................ A 2.2 38 25 29 33 36 42 55 55

B 2.2 38 20 24 28 32 35 36 36

6,525 to 6,875 5 ............................ A 2.2 38 25 29 33 36 42 55 55

B 2.2 38 21 25 29 32 35 39 45

6,525 to 6,875 6 ............................ A 1.5 n/a 26 29 32 34 38 41 49

B 2.0 n/a 21 25 29 32 35 39 45

10,550 to 10,680 5, 7 ..................... A 2.2 38 25 29 33 36 42 55 55

B 2.2 38 20 24 28 32 35 35 39

10,550 to 10,680 6 ........................ A 3.4 34 20 24 28 32 35 55 55

B 3.4 34 20 24 28 32 35 35 39

10,565 to 10,615 .......................... n/a 360 n/a n/a n/a n/a n/a n/a n/a n/a

10,630 to 10,6808 ........................ n/a 3.5 34 20 24 28 32 35 36 36

10,700 to 11,700 5 ........................ A 2.2 38 25 29 33 36 42 55 55

B 2.2 38 20 24 28 32 35 36 36

12,200 to 13,250 9 ........................ A 1.0 n/a 23 28 35 39 41 42 50

B 2.0 n/a 20 25 28 30 32 37 47

17,700 to 18,820 .......................... A 2.2 38 25 29 33 36 42 55 55

B 2.2 38 20 24 28 32 35 36 36

18,920 to 19,700 10 ...................... A 2.2 38 25 29 33 36 42 55 55

B 2.2 38 20 24 28 32 35 36 36

21,200 to 23,600 11 ...................... A 2.2 38 25 29 33 36 42 55 55

B 2.2 38 20 24 28 32 35 36 36

31,000 to 31,300 12, 13 .................. n/a 4.0 38 n/a n/a n/a n/a n/a n/a n/a
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations 4925

ANTENNA STANDARDS—Continued

Frequency (MHz) Category

Maximum

beamwidth

to 3 dB

points 1 (included

angle in degrees)

Minimum

antenna

gain (dbi)

Minimum radiation suppression to angle in degrees from centerline of main beam in decibels

5°

to10°

10° to

15°

15° to

20°

20° to

30°

30° to

100°

100° to

140°

140° to

180°

Above 31,300 ............................... A 2.2 38 25 29 33 36 42 55 55

B 2.2 38 20 24 28 32 35 36 36

1 If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and

the elevation planes. 2Except for Multiple Address System frequencies listed in §§ 101.147(b)(1) through (b)(4), where omnidirectional antennas may be used. 3Antennas used at outlying stations as part of a central protection alarm system need conform to only the following 2 standards:

(i) The minimum on-beam forward gain must be at least 10 dBi, and

(ii) The minimum front-to-back ratio must be at least 20 dB.

4Omnidirectional antennas may be authorized in the band 2150–2160 MHz.

5These antenna standards apply to all point-to-point stations authorized after June 1, 1997. Existing licensees and pending applicants on that

date are grandfathered and need not comply with these standards. 6These antenna standards apply to all point-to-point stations authorized on or before June 1, 1997.

7Except for antennas between 140° and 180° authorized or pending on January 1, 1989, in the band 10,550 to 10,565 MHz for which minimum radiation suppression to angle (in degrees) from centerline of main beam is 36 decibels. 8These antenna standards apply only to DEMS User Stations licensed, in operation, or applied for prior to July 15, 1993.

9Except for temporary-fixed operations in the band 13200–13250 MHz with output powers less than 250 mW and as provided in § 101.147(q). 10 DEMS User Station antennas in this band must meet performance Standard B and have a minimum antenna gain of 34 dBi. The maximum

beamwidth requirement does not apply to DEMS User Stations. DEMS Nodal Stations need not comply with these standards. 11Except as provided in § 101.147(t).

Note to footnote 11: Stations must employ an antenna that meets the performance standards for Category A, except that in areas not subject

to frequency congestion, antennas meeting standards for Category B may be employed. Note, however, that the Commission may require the

use of high performance antennas where interference problems can be resolved by the use of such antennas. 12The minimum front-to-back ratio shall be 38 dBi. 13 Mobile, except aeronautical mobile, stations need not comply with these standards.

* * * * *

[FR Doc. 97–2083 Filed 1–31–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC83

Endangered and Threatened Wildlife

and Plants; Determination of

Endangered Status for the San Diego

Fairy Shrimp

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) determines

endangered status pursuant to the

Endangered Species Act of 1973, as

amended (Act), for the San Diego fairy

shrimp (Branchinecta sandiegonensis).

This animal is restricted to vernal pools

in southwestern coastal California and

extreme northwestern Baja California,

Mexico. Less than 81 hectares (ha) (200

acres (ac)) of habitat likely remains. This

species is imperiled by a variety of

factors including: habitat destruction

and fragmentation from urban

development and agricultural

conversion, alterations of vernal pool

hydrology, off-road vehicle (ORV)

activity, and livestock overgrazing. This

rule implements Federal protection and

recovery provisions afforded by the Act.

EFFECTIVE DATE: February 3, 1997.

ADDRESSES: The complete file for this

final rule is available for public

inspection, by appointment, during

normal business hours at the Carlsbad

Field Office, U.S. Fish and Wildlife

Service, 2730 Loker Avenue West,

Carlsbad, California 92008.

FOR FURTHER INFORMATION CONTACT:

Chris Nagano or Susan Wynn at the

above address (telephone 619/431–

9440).

SUPPLEMENTARY INFORMATION:

Background

The San Diego fairy shrimp is a

member of the aquatic crustacean order

Anostraca. The species was first

collected in Poway and Ramona, San

Diego County, in 1962 by J. E. Lynch

(Fugate 1993). Michael Fugate (1993)

described Branchinecta sandiegonensis

based on collections that he and Marie

Simovich made at Del Mar Mesa in San

Diego County. The species is restricted

to vernal pools in coastal southern

California south to extreme

northwestern Baja California, Mexico.

No individuals have been found in

riverine waters, marine waters, or other

permanent bodies of water. All known

localities are below 700 meters (m)

(2,300 feet (ft)) and within 65 kilometers

(km) (40 miles (mi)) of the Pacific

Ocean, from Santa Barbara County south

to northwestern Baja California. The

majority of the vernal pools in this

region, including many which likely

served as habitat for the species, were

destroyed prior to 1990. Between 1979

and 1986, approximately 68 percent of

the privately owned vernal pools under

the City of San Diego’s jurisdiction were

destroyed (Wier and Bauder 1991).

Adult male San Diego fairy shrimp

range in length from 9 to 16 mm (0.4 to

0.6 inches (in.)) and the females are 8 to

14 mm (0.4 to 0.5 in.) long. Mature

individuals have a delicate elongate

body, large stalked compound eyes, no

carapace (shell covering the back), and

11 pairs of swimming legs. They swim

or glide gracefully upside down by

means of complex beating movements of

the legs that pass in a wave-like frontto-back direction. Nearly all species of

fairy shrimp feed on algae, bacteria,

protozoa, rotifers, and bits of organic

matter (Eng et al. 1990, Pennak 1989).

The second pair of antennae in adult

female San Diego fairy shrimp are

cylindrical and elongate, but in the

males they are greatly enlarged and

specialized for clasping the females

during copulation. The females carry

their eggs in an oval or elongate ventral

brood sac.

Five other species of branchinectid

fairy shrimp occur in southern

California (Simovich and Fugate 1992).

The only other branchinectids in

southern California that are similar in