`[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Rules and Regulations]
[Pages 55537-55539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28297]


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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.

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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. Sec. 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:


Sec. 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

[[Page 55538]]

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 deg.30'00'' N. Lat. on the north
    103 deg.10'00'' W. Long. on the east
    38 deg.30'00'' N. Lat. on the south
    106 deg.30'00'' W. Long. on the west
Rectangle 2:
    38 deg.30'00'' N. Lat. on the north
    105 deg.00'00'' W. Long. on the east
    37 deg.30'00'' N. Lat. on the south
    105 deg.50'00'' W. Long. on the west
Rectangle 3:
    40 deg.08'00'' N. Lat. on the north
    107 deg.00'00'' W. Long. on the east
    39 deg.56'00'' N. Lat. on the south
    107 deg.15'00'' W. Long. on the west

Washington, D.C. Area

Rectangle
    38 deg.40''00'' N. Lat. on the north
    78 deg.50'00'' W. Long. on the east
    38 deg.10'00'' N. Lat. on the south
    79 deg.20'00'' W. Long. on the west

        or
    (b) Within a radius of 178 km of 38 deg.48'00'' N. Lat./76 deg. 
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 deg.43'00'' N. Lat./104 deg.46'00'' W. Long.
Washington, DC area: 38 deg.48'00'' N. Lat. / 76 deg.52'00'' W. 
Long.

    Note to Sec. 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:


Sec. 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 deg.40'23'' N Lat. and 
105 deg.13'03'' W Long (Morrison, CO), applicants will not be 
authorized to operate within a 50 km radius of 39 deg.43'00## N Lat. 
and 104 deg.46'00'' W Long. (Denver, CO) and within a 50 km radius of 
38 deg.48'00'' N Lat. and 76 deg.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 deg.40'23'' N Lat. 
and 105 deg.13'03'' W Long. (Morrison, CO)
    (ii) Within the rectangular areas defined as follows (vicinity of 
Denver, CO):


Rectangle 1:
    414 deg.30'00'' N. Lat. on the north
    103 deg.10'00'' W. Long. on the east
    38 deg.30'00'' N. Lat. on the south
    106 deg.30'00'' W. Long. on the west
Rectangle 2:
    38 deg.30'00'' N. Lat. on the north
    105 deg.00'00'' W. Long. on the east
    37 deg.30'00'' N. Lat. on the south
    105 deg.50'00'' W. Long. on the west
Rectangle 3:
    40 deg.08'00'' N. Lat. on the north
    107 deg.00'00'' W. Long. on the east
    39 deg.56'00'' N. Lat. on the south
    107 deg.15'00'' W. Long. on the west


(iii) Within the rectangle and circle areas as follows (vicinity of 
Washington, DC):

Rectangle
    38 deg.40'00'' N. Lat. on the north
    78 deg.50'00'' W. Long. on the east
    38 deg.10'00'' N. Lat. on the south
    79 deg.20'00'' W. Long. on the west or

        or
(iv) Within a radius of 178 km of 38 deg.48'00'' N. Lat. / 
76 deg.52'00'' W. Long.


    Note to Sec. 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:


Sec. 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 Sec. 101.123(d)(2). Operations proposed in the areas 
defined in Sec. 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 
Sec. 101.123 or, if operated on frequencies in the 17.8-19.7 GHz band, 
within any of the areas identified in Sec. 101.123(d);
* * * * *
    3. Section 101.123 is amended by adding paragraph (d) to read as 
follows:


Sec. 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 Sec. 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 deg.30'00'' N. Lat. on the north
    103 deg.10'00'' W. Long. on the east
    38 deg.30'00'' N. Lat. on the south
    106 deg.30'00'' W. Long. on the west
Rectangle 2:

[[Page 55539]]

    38 deg.30'00'' N. Lat. on the north
    105 deg.00'00'' W. Long. on the east
    37 deg.30'00'' N. Lat. on the south
    105 deg.50'00'' W. Long. on the west
Rectangle 3:
    40 deg.08'00'' N. Lat. on the north
    107 deg.00'00'' W. Long. on the east
    39 deg.56'00'' N. Lat. on the south
    107 deg.15'00'' W. Long. on the west

Washington, D.C. Area

Rectangle
    38 deg.40'00'' N. Lat. on the north
    78 deg.50'00'' W. Long. on the east
    38 deg.10'00'' N. Lat. on the south
    79 deg.20'00'' W. Long. on the west

        or
    (2) Within a radius of 178 km of 38 deg.48'00'' N. Lat./
78 deg.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 Sec. 101.147(r)(10)) of the 
following coordinated:

Denver, CO area: 39 deg.43'00'' N. Lat./104 deg.46'00'' W. Long.
Washington, DC area: 38 deg.48'00'' N. Lat./76 deg.52'00'' W. Long.

    Note to Sec. 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`