Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55537

the geographical coordinates of the

antenna (NAD–83 datum), antenna

height above ground, ground elevation

at the antenna, antenna directivity and

gain, proposed frequency and FCC Rule

Part, type of emission, effective radiated

power, and whether the proposed use is

itinerant. Generally, submission of the

information in the technical portion of

the FCC license application is adequate

notification. In addition, the applicant

shall indicate in its application to the

Commission the date notification was

made to the Arecibo Observatory.

(2) After receipt of such applications,

the Commission will allow the Arecibo

Observatory a period of 20 days for

comments or objections in response to

the notification indicated. The applicant

will be required to make reasonable

efforts in order to resolve or mitigate

any potential interference problem with

the Arecibo Observatory and to file

either an amendment to the application

or a modification application, as

appropriate. If the Commission

determines that an applicant has

satisfied its responsibility to make

reasonable efforts to protect the

Observatory from interference, its

application may be granted.

(3) The provisions of this paragraph

do not apply to operations that transmit

on frequencies above 15 GHz.

[FR Doc. 97–28296 Filed 10–24–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 74, 78, and 101

[ET Docket No. 97–99; FCC 97–348]

Reallocation of 18/24 GHz Bands

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This Order amends the

Commission’s rules regarding Auxiliary

Broadcast Services, Cable Television

Relay Service, and Fixed Microwave

Services to specify permanent

coordination criteria between these

services and Government operations in

the 17.8–19.7 GHz band. This action is

taken to advance, support, and

accommodate the national defense.

EFFECTIVE DATE: November 26, 1997.

FOR FURTHER INFORMATION CONTACT:

Rodney Small, Office of Engineering

and Technology, (202) 418–2452.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order, ET

Docket 97–99, FCC 97–348, adopted

September 26, 1997, and released

October 14, 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, NW.,

Washington, D.C., and also may be

purchased from the Commission’s

duplication contractor, International

Transcription Service, (202) 857–3800,

1231 20th Street, NW., Washington, D.C.

20036.

Summary of the Order

1. This proceeding was initiated

pursuant to a request from the National

Telecommunications and Information

Administration (NTIA), on behalf of the

Department of Defense, to protect

Government Earth stations in the17.8–

19.7 GHz band in the Washington, DC,

and Denver, CO, areas in the interest of

national security. In the original Order

in this proceeding (Reallocation Order),

62 FR 24576, May 6, 1997, we amended

our Table of Frequency Allocations and

Part 101 of our rules to permit Fixed

Service use of the 24.25–24.45 GHz and

25.05–25.25 GHz bands (‘‘24 GHz

band’’). We took that action to facilitate

relocation of the digital electronic

message service (‘‘DEMS’’) from the

18.82–18.92 GHz and 19.16–19.26 GHz

bands (‘‘18 GHz band’’) to the 24 GHz

band.

2. NTIA also requested that we

establish coordination zones for fixed

service licensees located at 18 GHz.

Specifically, to protect Government

users, NTIA requested that we replace

our interim coordination procedures for

non-DEMS fixed services in the 18 GHz

band with permanent coordination

requirements. In the Reallocation Order,

we stated that we would adopt rules

consistent with the exclusion and

coordination requirements requested by

NTIA in a future Order. However, we

found it necessary in the Reallocation

Order to immediately modify the rules

for low power operations at 18 GHz.

Finally, we stated that pending adoption

of a future Order consistent with NTIA’s

request, we would continue to protect

Government operations at 18 GHz from

other non-Government operations by

using the interim procedures currently

in place.

3. As requested by NTIA, we establish

for the 17.8–19.7 GHz band permanent

exclusion and coordination zones with

regard to applicable Auxiliary Broadcast

(Part 74), Cable Television Relay (Part

78), and Fixed Microwave (Part 101)

operations in Washington, D.C. and

Denver, Colorado. This action is

necessary to minimize potential

interference to Government operations.

Our action herein will ensure that

Government satellite Earth stations

important to national security will

operate without harmful interference

being caused by non-Government

operations.

4. We take this action to minimize the

likelihood of interference to military

communications. Accordingly, we find

that notice and comment procedures are

unnecessary and contrary to the public

interest, and need not be followed prior

to the adoption of these rules. See 5

U.S.C. § 553 (a)(1), (b)(3)(B); Bendix

Aviation Corp. v. F.C.C., 272 F.2d 533

(D.C. Cir. 1959), cert. denied sub nom.

Aeronautical Radio, Inc. v. U.S., 361

U.S. 965 (1960).

5. It is ordered, that parts 74, 78, and

101 of the Commission’s Rules are

amended. This action is authorized by

Sections 4(i), 303(c), 303(f), and 303(r)

of the Communications Act of 1934, as

amended, 47 U.S.C. Sections 145(i),

303(c), 303(f), and 303(r).

List of Subjects

47 CFR Part 74

Communications equipment, Radio.

47 CFR Part 78

Cable television, Radio.

47 CFR Part 101

Fixed microwave services, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Title 47 of the Code of Federal

Regulations, Parts 74, 78, and 101 are

amended as follows:

PART 74—EXPERIMENTAL RADIO,

AUXILIARY, SPECIAL BROADCAST

AND OTHER DISTRIBUTIONAL

SERVICES

1. The authority citation for Part 74

continues to read:

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

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

303, 554.

2. Section 74.32 is added to read as

follows:

§ 74.32 Operation in the 17.8–19.7 GHz

band.

(a) To minimize or avoid harmful

interference to Government Satellite

Earth Stations located in the Denver,

Colorado and Washington, D.C. areas,

any application for a new station license

to operate in the 17.8–19.7 GHz band, or

for modification of an existing station

license in this band which would

change the frequency, power, emission,

modulation, polarization, antenna

height or directivity, or location of such
55538 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

a station, must be coordinated with the

Federal Government by the Commission

before an authorization will be issued,

if the station or proposed station is

located in whole or in part within any

of the areas defined by the following

rectangles or circles:

Denver, CO Area

Rectangle 1:

41°30′00′′ N. Lat. on the north

103°10′00′′ W. Long. on the east

38°30′00′′ N. Lat. on the south

106°30′00′′ W. Long. on the west

Rectangle 2:

38°30′00′′ N. Lat. on the north

105°00′00′′ W. Long. on the east

37°30′00′′ N. Lat. on the south

105°50′00′′ W. Long. on the west

Rectangle 3:

40°08′00′′ N. Lat. on the north

107°00′00′′ W. Long. on the east

39°56′00′′ N. Lat. on the south

107°15′00′′ W. Long. on the west

Washington, D.C. Area

Rectangle

38°40′′00′′ N. Lat. on the north

78°50′00′′ W. Long. on the east

38°10′00′′ N. Lat. on the south

79°20′00′′ W. Long. on the west

or

(b) Within a radius of 178 km of

38°48′00′′ N. Lat./76° 52′00′′ W. Long.

(c) In addition, no application seeking

authority to operate in the 17.8–19.7

GHz band will be accepted for filing if

the proposed station is located within

20 km of the following coordinates:

Denver, CO area: 39°43′00′′ N. Lat./

104°46′00′′ W. Long.

Washington, DC area: 38°48′00′′ N. Lat. /

76°52′00′′ W. Long.

Note to § 74.32: The coordinates cited in

this section are specified in terms of the

‘‘North American Datum of 1983 (NAD 83)’’

with an accuracy of ±30 meters with respect

to the ‘‘National Spacial Reference System’’.

PART 78—CABLE TELEVISION RELAY

SERVICE

1. The authority citation for Part 78

continues to read:

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. Section 78.19 is amended by

adding paragraph (f) to read as follows:

§ 78.19 Interference.

* * * * *

(f) Protection to the Federal

Government’s receive earth station

perations in the Denver, Colorado and

Washington D.C. areas in the 17,800 to

19,700 MHz band.

(1) With the exception of applicants

for a station authorization to operate

within a 5 km radius of 39°40′23′′ N Lat.

and 105°13′03′′ W Long (Morrison, CO),

applicants will not be authorized to

operate within a 50 km radius of

39°43′00 N Lat. and 104°46′00′′ W Long.

(Denver, CO) and within a 50 km radius

of 38°48′00′′ N Lat. and 76°52′00′′ W

Long. (Washington, DC).

(2) To minimize or avoid harmful

interference to Government Satellite

Earth Stations located in the Denver,

Colorado and Washington, D.C. areas,

any application for a new station license

to operate in the 17.8-19.7 GHz band, or

for modification of an existing station

license in this band which would

change the frequency, power, emission,

modulation, polarization, antenna

height or directivity, or location of such

a station, must be coordinated with the

Federal Government by the Commission

before an authorization will be issued,

if the station or proposed station is

located in whole or in part within any

of the areas defined by the following

rectangles or circles:

(i) A circular area within a 5 km

radius of 39°40′23′′ N Lat. and

105°13′03′′ W Long. (Morrison, CO)

(ii) Within the rectangular areas

defined as follows (vicinity of Denver,

CO):

Rectangle 1:

414°30′00′′ N. Lat. on the north

103°10′00′′ W. Long. on the east

38°30′00′′ N. Lat. on the south

106°30′00′′ W. Long. on the west

Rectangle 2:

38°30′00′′ N. Lat. on the north

105°00′00′′ W. Long. on the east

37°30′00′′ N. Lat. on the south

105°50′00′′ W. Long. on the west

Rectangle 3:

40°08′00′′ N. Lat. on the north

107°00′00′′ W. Long. on the east

39°56′00′′ N. Lat. on the south

107°15′00′′ W. Long. on the west

(iii) Within the rectangle and circle areas as

follows (vicinity of Washington, DC):

Rectangle

38°40′00′′ N. Lat. on the north

78°50′00′′ W. Long. on the east

38°10′00′′ N. Lat. on the south

79°20′00′′ W. Long. on the west or

or

(iv) Within a radius of 178 km of 38°48′00′′

N. Lat. / 76°52′00′′ W. Long.

Note to § 78.19: The coordinates cited in

this section are specified in terms of the

‘‘North American Datum of 1983 (NAD 83)’’

with an accuracy of ¥30 meters with respect

to the ‘‘National Spacial Reference System.’’

PART 101—FIXED MICROWAVE

SERVICES

1. The authority citation for Part 101

continues to read as follows:

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

otherwise noted.

2. Section 101.31 is amended by

revising paragraph (b)(3) introductory

text and paragraph (e)(1)(v) and adding

paragraph (b)(6) to read as follows:

§ 101.31 Special temporary, temporary,

and conditional authorizations.

* * * * *

(b) * * *

(3) Except for operations in the 17.8–

19.7 GHz band, the licensee of stations

which are authorized pursuant to the

provisions of paragraph (b) of this

section shall notify the Commission at

least five (5) days prior to installation of

the facilities stating:

* * * * *

(6) Operations in the 17.8–19.7 GHz

band are prohibited in the areas defined

in § 101.123(d)(2). Operations proposed

in the areas defined in § 101.123(d)(1)

may not commence without prior

specific notification to, and

authorization from, the Commission.

Such notification will contain the

information specified in paragraph

(b)(3) of this section.

* * * * *

(e) * * *

(1) * * *

(v) The station site does not lie within

56.3 kilometers of any international

border, within a radio ‘‘Quiet Zone’’

identified in § 101.123 or, if operated on

frequencies in the 17.8–19.7 GHz band,

within any of the areas identified in

§ 101.123(d);

* * * * *

3. Section 101.123 is amended by

adding paragraph (d) to read as follows:

§ 101.123 Quiet zones.

* * * * *

(d)(1) To minimize or avoid harmful

interference to Government Satellite

Earth Stations located in the Denver,

Colorado and Washington, D.C. areas,

any application for a new station license

to operate in the 17.8–19.7 GHz band

(except for low power operations

governed by § 101.147(r)(10)), or for

modification of an existing station

license in this band which would

change the frequency, power, emission,

modulation, polarization, antenna

height or directivity, or location of such

a station, must be coordianted with the

Federal Government by the Commission

before an authorization will be issued,

if the station or proposed station is

located in whole or in part within any

of the areas defined by the following

rectangles or circles:

Denver, CO Area

Rectangle 1:

41°30′00′′ N. Lat. on the north

103°10′00′′ W. Long. on the east

38°30′00′′ N. Lat. on the south

106°30′00′′ W. Long. on the west

Rectangle 2:
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55539

38°30′00′′ N. Lat. on the north

105°00′00′′ W. Long. on the east

37°30′00′′ N. Lat. on the south

105°50′00′′ W. Long. on the west

Rectangle 3:

40°08′00′′ N. Lat. on the north

107°00′00′′ W. Long. on the east

39°56′00′′ N. Lat. on the south

107°15′00′′ W. Long. on the west

Washington, D.C. Area

Rectangle

38°40′00′′ N. Lat. on the north

78°50′00′′ W. Long. on the east

38°10′00′′ N. Lat. on the south

79°20′00′′ W. Long. on the west

or

(2) Within a radius of 178 km of

38°48′00′′ N. Lat./78°52′00′′ W. Long.

(3) In addition, no application seeking

authority to operate in the 17.8–19.7

GHz band will be accepted for filing if

the proposed station is located within

20 km (or within 55 km if the

application is for an outdoor low power

operation pursuant to § 101.147(r)(10))

of the following coordinated:

Denver, CO area: 39°43′00′′ N. Lat./

104°46′00′′ W. Long.

Washington, DC area: 38°48′00′′ N. Lat./

76°52′00′′ W. Long.

Note to § 101.123: The coordinates cited in

this section are specified in terms of the

‘‘North American Datum of 1983 (NAD 83)’’

with an accuracy of ±30 meters with respect

to the ‘‘National Spacial Reference System’’.

[FR Doc. 97–28297 Filed 10–24–97; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961107312–7021–02; I.D.

101697B]

Fisheries of the Exclusive Economic

Zone Off Alaska; Reallocation of

Pacific Cod

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Reallocation.

SUMMARY: NMFS is reallocating the

projected unused amount of Pacific cod

from trawl catcher/processors to vessels

using hook-and-line or pot gear in the

Bering Sea and Aleutian Islands

management area (BSAI) and is

reallocating Pacific cod from vessels

using jig gear to vessels using hook-andline or pot gear in the BSAI. These

actions are necessary to allow the 1997

total allowable catch (TAC) of Pacific

cod to be harvested. They are intended

to promote the goals and objectives of

the Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area (FMP).

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.) October 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the FMP prepared by the

North Pacific Fishery Management

Council under authority of the

Magnuson-Stevens Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at

subpart H of 50 CFR part 600 and 50

CFR part 679.

In accordance with § 679.20(c)(5), the

Pacific cod TAC for the BSAI was

established as 270,000 metric tons (mt)

by the Final 1997 Harvest Specifications

for Groundfish for the BSAI (62 FR

7168, February 18, 1997). Of this

amount, 5,400 mt was allocated to

vessels using jig gear, 126,900 mt to

vessels using trawl gear, and 137,700 mt

to vessels using hook-and-line or pot

gear. The amount of Pacific cod TAC

allocated to trawl gear vessels was

further allocated 50 percent to catcher

vessels (63,450 mt) and 50 percent

(63,450 mt) to catcher/processor vessels

pursuant to § 679.20(a)(7)(i)(B).

Pursuant to § 679.20(a)(7)(ii)(A)

NMFS made the projected unused

amount of trawl catcher/processor

Pacific cod (2,000 mt) available to the

trawl catcher vessel sector. The trawl

catcher vessel portion was increased to

65,450 mt (62 FR 51609, October 2,

1997).

The Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that trawl catcher/

processors will not be able to harvest

10,000 (mt) of Pacific cod allocated to

those vessels under § 679.20(a)(7)(i)(A).

Therefore, in accordance with

§ 679.20(a)(7)(ii), NMFS apportions the

projected unused amount, 10,000 mt of

Pacific cod from vessels using trawl gear

to vessels using hook-and-line or pot

gear.

The Regional Administrator has

determined that vessels using jig gear

will not harvest 5,000 mt of Pacific cod

by the end of the year. Therefore, in

accordance with § 679.20(a)(7)(iii)

NMFS is reallocating the unused

amount of 5,000 mt of Pacific cod

allocated to vessels using jig gear to

vessels using hook-and-line or pot gear.

Classification

This action is taken under 50 CFR

679.20 and is exempt from OMB review

under E.O. 12866.

The Assistant Administrator for

Fisheries, NOAA, has determined,

under section 553(b)(B) and (d)(3) of the

Administrative Procedure Act and 50

CFR 679.20(b)(3)(iii)(A), that good cause

exists for waiving the opportunity for

public comment and the 30-day delayed

effectiveness period for this action.

Fisheries are currently taking place that

will be supplemented by this

apportionment. Delaying the

implementation of this action would be

disruptive and costly to these ongoing

operations.

Authority: 16 U.S.C. 1801 et seq.

Dated: October 22, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–28420 Filed 10–22–97; 2:14 pm]

BILLING CODE 3510–22–F