Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55525

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by December 26,

1997. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for the purposes of judicial

review nor does it extend the time

within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).) EPA encourages interested

parties to comment in response to the

proposed rule rather than petition for

judicial review, unless the objection

arises after the comment period allowed

for in the proposal.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Nitrogen dioxide, Ozone.

Note: Incorporation by reference of the

State Implementation Plan for the State of

New Hampshire was approved by the

Director of the Federal Register on July 1,

1982.

Dated: September 29, 1997.

John P. DeVillars,

Regional Administrator, Region I.

40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7642.

Subpart EE—New Hampshire

2. Section 52.1533 is added to read as

follows:

§ 52.1533 Emission inventories.

(a) The Governor’s designee for the

State of New Hampshire submitted a

1990 base year emission inventory for

the entire state on January 26, 1993 as

a revision to the State Implementation

Plan (SIP). Subsequent revisions to the

State’s 1990 inventories were made, the

last of which occurred on August 29,

1996. The 1990 base year emission

inventory requirement of section

182(a)(1) of the Clean Air Act, as

amended in 1990, has been satisfied for

the three nonattainment areas in the

State. The three areas are the

Portsmouth-Dover-Rochester serious

area, the New Hampshire portion of the

Boston-Lawrence-Worcester serious

area, and the Manchester marginal area.

(b) The inventory is for the ozone

precursors which are volatile organic

compounds, nitrogen oxides, and

carbon monoxide. The inventory covers

point, area, non-road mobile, on-road

mobile, and biogenic sources.

(c) The Portsmouth-Dover-Rochester

serious nonattainment area includes all

of Strafford County and part of

Rockingham County. The New

Hampshire portion of the BostonLawrence-Worcester serious area

includes portions of Hillsborough and

Rockingham Counties. The Manchester

marginal area contains all of Merrimack

County and portions of Hillsborough

and Rockingham Counties.

3. Section 52.1520 is amended by

adding paragraph (c)(52) to read as

follows:

§ 52.1520 Identification of plan.

(c) * * *

(52) A revision to the New Hampshire

SIP regarding ozone monitoring. The

State of New Hampshire will modify its

SLAMS and its NAMS monitoring

systems to include a PAMS network

design and establish monitoring sites.

The State’s SIP revision satisfies 40 CFR

58.20(f) PAMS requirements.

(i) Incorporation by reference.

(A) State of New Hampshire

Photochemical Assessment Monitoring

Stations—Network Plan—Network

Overview.

(ii) Additional material.

(A) NH–DES letter dated December

13, 1994, and signed by Thomas M.

Noel, Acting Director, NH–DES.

[FR Doc. 97–28371 Filed 10–24–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 5, 21, 22, 23, 24, 25, 26,

27, 73, 74, 78, 80, 87, 90, 95, 97, and

101

[ET Docket No. 96–2; FCC 97–347]

Arecibo Coordination Zone

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This Report and Order

establishes a Coordination Zone that

covers the islands of Puerto Rico,

Desecheo, Mona, Vieques, and Culebra

within the Commonwealth of Puerto

Rico (the Puerto Rican Islands). The

Coordination Zone requires applicants

for new and modified radio facilities in

various communications services within

the Coordination Zone to provide

notification of their proposed operations

to the Arecibo Radio Astronomy

Observatory (Observatory) near Arecibo,
55526 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

Puerto Rico, and operated by Cornell

University (Cornell), at the time their

applications are submitted to the

Commission. The Coordination Zone

and notification procedures will enable

the Observatory to receive information

needed to assess whether an applicant’s

proposed operations will cause harmful

interference to the Observatory’s

operations and will promote efficient

resolution of problems through

coordination between applicants and

the Observatory.

EFFECTIVE DATE: December 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 Report

and Order, ET Docket 96–2, FCC 97–

347, adopted September 26, 1997, and

released October 15, 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, 1231 20th Street, N.W.

Washington, D.C. 20036.

The establishment of the Coordination

Zone was proposed in the Notice of

Proposed Rule Making, 61 FR 10709,

March 15, 1996.

Summary of the Report and Order

1. By this action, the Commission

establishes a Coordination Zone that

covers the Puerto Rican Islands. The

Coordination Zone requires applicants

for new and modified radio facilities in

various communications services within

the Coordination Zone to provide

notification of their proposed operations

to the Observatory at the time their

applications are submitted to the

Commission. The Observatory will have

20 days to file comments with the

Commission regarding each

application’s potential for interference,

and applicants will be responsible for

making reasonable efforts to

accommodate the interference concerns

of the Observatory. The Coordination

Zone and notification procedures will

enable the Observatory to receive

information needed to assess whether

an applicant’s proposed operations will

cause harmful interference to the

Observatory’s operations and will

promote efficient resolution of problems

through coordination between

applicants and the Observatory.

2. The Commission believes that the

Observatory is a unique scientific tool,

and finds that harmful interference to

the Observatory’s operations is a serious

concern. We also agree with comments

from Puerto Rican telecommunications

service providers that their services are

highly important and must be

maintained. However, we note that we

have a statutory obligation to prevent

and resolve radio frequency interference

through enforcement and effective

spectrum management policies.

Whenever possible, we attempt to

streamline our processes and reduce the

burden on licensees and license

applicants, but in some instances a

minimally increased burden must be

imposed to allow the public the widest

range of telecommunications benefits.

3. We agree with Cornell that sources

of technical information currently

available to the Observatory are

insufficient. Further, the provision of

technical information to the Observatory

would be a minimal burden and could

be done electronically at little or no cost

to the applicant. We also agree with

Cornell that the four-mile

Commonwealth of Puerto Rico

Protection Zone is inadequate to protect

the Observatory’s operations. Four miles

is a relatively short range for many radio

transmitters, and high power

transmitters at a high elevation can

interfere with the Observatory from a

much greater distance. For similar

reasons, we believe that a smaller

Coordination Zone not encompassing

the entirety of the Puerto Rican Islands

would provide insufficient protection to

the Observatory.

4. We disagree with comments from

telecommunications providers who

argue that the Coordination Zone will

deprive the citizens of Puerto Rico of

adequate radio service. We believe that

if service providers and the Observatory

work together, adequate service can be

maintained without harming the

operations of the Observatory. We also

observe that adoption of a Coordination

Zone would neither allocate additional

spectrum for Radio Astronomy Service

(RAS) use, nor provide the Observatory

additional rights to spectrum allocated

to other services. For that reason, we

disagree with arguments that state that

money expended by service providers to

use frequencies in the Puerto Rican

Islands is relevant to establishment of a

Coordination Zone. Further, we disagree

with comments that state that allowing

the Observatory to challenge a license

application would result in an illegal

delegation of the Commission’s

authority to the Observatory to

determine whether an application will

be granted. We emphasize that while the

Observatory may challenge an

application, only the Commission can

make the decision regarding the grant of

that application.

5. Therefore, we are establishing a

Coordination Zone that covers the

Puerto Rican Islands. Within the

Coordination Zone, applicants in

affected services will be required to

submit to the Observatory technical

information about the proposed

transmissions no later than the date the

application is filed with the

Commission. The technical submission

must include: (1) proposed frequency

and FCC Rule Part; (2) effective radiated

power or effective isotropic radiated

power; (3) antenna height; (4) antenna

directivity and gain, if any; (5)

geographic coordinates of the antenna

(NAD–83 datum); and (6) type of

emission; and (7) whether the proposed

use is itinerant. To minimize the

administrative burden on service

applicants, we will permit this

notification to be made either in writing

or electronically. We believe that either

notification method will help safeguard

the Observatory’s operations without

diminishing the provision of important

radio services to Puerto Rican citizens.

6. As stated in the NPRM, the

sensitivity of the Observatory and the

many types of services that could cause

interference necessitates that we include

in the Coordination Zone most services

that operate on frequencies below 15

GHz. While we see no need to include

frequencies above 15 GHz, which are

not currently used or requested by the

Observatory, harmonic and spurious

emissions from different services are

often spread across a wide range of

spectrum below 15 GHz. Additionally,

scientific exploration requires flexibility

and the ability to passively utilize

spectrum below 15 GHz that may not be

allocated to the RAS.

7. With respect to Special Temporary

Authorizations (STAs), we note that

they are used in several services for a

variety of purposes, and that some of

these uses could cause substantial

interference to the operations of the

Observatory. We also find that it will be

minimally burdensome in most

instances for an STA applicant to

provide technical information to the

Observatory at the same time it files the

STA request with the Commission. In

the case of an emergency operation, the

licensee will be permitted to notify the

Observatory as soon as possible after

beginning operation.

8. With respect to amateur radio

operations, we are adopting our

proposal to exclude from the

Coordination Zone a large number of

amateur stations. However, we agree

with Cornell that new amateur beacon

and repeater stations within 10 miles of
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55527

the Observatory have a significant

potential for interference—a greater

potential than Civil Air Patrol repeaters

or the Military Amateur Radio System

service—and find that those amateur

operations must be included in the

Coordination Zone.

9. Accordingly, we are adopting our

proposal that most applicants for part 5,

21, 22, 23, 24, 25, 26, 27, 73, 74, 78, 80,

87, 90, 95, 97, and 101 services within

the Coordination Zone must notify the

Observatory of their proposed

operations. This requirement will not

apply to applicants for services that

operate on frequencies above 15 GHz,

nor will it apply to applicants for

mobile stations in land mobile radio

services, temporary base or temporary

fixed stations (other than short-term

broadcast auxiliary operations), the

Civil Air Patrol, new amateur stations

(other than amateur beacon and repeater

stations within 10 miles of the

Observatory), mobile Earth terminals

licensed under part 25, or stations

aboard ships or aircraft. We emphasize

again that we are not providing the

Observatory additional rights to

spectrum allocated to services, but that

the high potential for interference from

multiple services requires an inclusive

Coordination Zone.

10. We acknowledge Cornell’s

concern that our proposed 20-day

Observatory comment period is brief;

however, we note that this same

comment period is provided to the

National Radio Astronomy Observatory

(NRAO) and appears to have worked

satisfactorily. Accordingly, we are

adopting our proposal to permit the

Observatory a 20-day comment period,

commencing when the application is

filed with us.

11. The Coordination Zone

encompasses a large number of services,

operating at differing powers and

frequencies. Additionally, factors such

as terrain and propagation

characteristics further complicate

interference evaluations. Therefore, we

find that it would be extremely timeconsuming and difficult for the

Commission to establish interference

standards that would apply to all

service applicants. However, we concur

with comments that state that

interference guidelines could lessen

coordination problems, and Cornell has

proposed to develop such guidelines.

While we are cognizant of the concerns

of service providers regarding Cornell’s

objectivity in developing these

guidelines, we believe that Cornell will

have an incentive to cooperate with

service providers. If Cornell develops

unrealistically stringent guidelines,

service providers would undoubtedly

challenge them, resulting in a large

administrative burden on Cornell.

Further, under a guideline approach, the

Commission would remain the sole

entity that has the authority to rule on

any service applications.

12. Accordingly, we are not

establishing Commission interference

standards, but are requiring that Cornell

provide interference guidelines to

service applicants so that applicants

may consider protection to the

Observatory in the early design phase of

radio facilities. Cornell has stated that

such guidelines can be made available

to applicants in advance of application

preparation. We believe that these

guidelines will help ensure that

coordination between applicants and

the Observatory will proceed in a

smooth manner, and as experience is

gained by both applicants and Cornell,

become routine.

13. The Commission also proposed

requiring applicants to be responsible

for making ‘‘reasonable efforts’’ to

accommodate the interference concerns

of the Observatory. We find that

‘‘reasonable efforts’’ will vary from case

to case, depending on the degree of

harm to the Observatory’s operations

and the extent of the change needed to

prevent such harm. For example, if

significant harm to the Observatory’s

operations could be avoided by a service

applicant making a minor, low-cost

change to its operations, making that

change would be reasonable. On the

other hand, if minor harm to the

Observatory’s operations could be

avoided only by a service applicant

making a major, high-cost change to its

operations, making that change would

be unreasonable. Nonetheless, to

attempt to set forth a general definition

of the term ‘‘reasonable efforts’’ would

be extremely difficult, if not impossible.

We find that use of this term in our rules

without definition would not validate

the Administrative Procedure Act.

Further, we are encouraged that the

Observatory has in the past successfully

coordinated informally with many

providers of Puerto Rican Island radio

services, and believe that there is some

understanding among service providers

of what constitutes a ‘‘reasonable

effort.’’ We anticipate that future

coordination will simply be on a more

formal basis, and that the Observatory

and service providers will come to

mutually acceptable agreements in most

cases.

14. To the extent that a service

applicant and the Observatory agree that

the applicant’s proposed operations

would cause harmful interference to the

Observatory, the applicant may either

pay to modify its own proposed

operations or—with the consent of the

Observatory—to upgrade the

Observatory’s facilities. Should a

dispute arise between the Observatory

and the applicant regarding whether the

applicant has made a reasonable effort

to avoid interference to the Observatory,

the applicant may refuse to pay for any

modifications or upgrades

recommended by the Observatory and

permit the Commission to resolve the

dispute. To the extent that the

Commission determines that reasonable

efforts have been made by the applicant

to protect the Observatory from

interference, there will be no further

obligation for the applicant to modify its

proposed operations or to upgrade the

Observatory’s facilities. Consequently, if

under those circumstances the

Observatory believes that the applicant’s

proposed operations must be modified

or its own facilities upgraded to protect

the Observatory from interference, the

Observatory will be required to pay for

any such modification or upgrade.

15. We find that all modifications that

have a potential to increase interference

to the Observatory must be coordinated

with the Observatory. However, we will

rely on the engineering judgment of the

service applicant to determine when a

minor modification has the potential for

increased interference. We believe this

approach is preferable to requiring that

all minor modifications be reported to

the Observatory, because the latter

approach could significantly increase

the administrative burden on both the

applicant and Cornell.

16. We have been streamlining our

applications process for several

commercial wireless radio services to

reduce unnecessary paperwork and

increase efficiency. For example, with

respect to paging towers, cellular base

stations, and PCS base stations, no

individual station licenses are issued—

rather, geographical licenses are issued

to cover an entire area. Some

commercial wireless entities argue that

the Coordination Zone should not apply

to these services, except to the extent

that the Commission must be notified of

their operations.

17. Although the Commission is

streamlining the application process for

commercial wireless services, we find

no reason why transmitters in services

in which individual licenses are not

issued should not have to comply with

the requirements of the Coordination

Zone. Further, we note that operators in

these services must comply with the

notification requirements of the Radio

Quiet Zone when new transmitters are

introduced, and believe it will be

minimally burdensome for them to

notify the Observatory.
55528 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

1 11 FCC Rcd 1716 (1996).

2Subtitle II of the CWAAA is ‘‘The Small

Business Regulatory Enforcement Fairness Act of

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

3 13 CFR § 121.201, Standard Industrial

Classification (SIC) Code 4899.

18. Accordingly, operators of

transmitters in services in which no

individual licenses are issued will be

required to notify the Observatory at

least 45 days prior to commencing

operations of a new transmitter that may

cause harmful interference to the

operations of the Observatory. We will

rely upon each operator to determine

when a transmitter may pose an

interference threat to the operations of

the Observatory. As is the case with

other services within the Coordination

Zone, the Observatory will have 20 days

to file comments with the Commission

regarding any such transmitter.

19. We will permit part 90 service

applicants to make their notifications to

the Observatory through recognized

frequency coordinators, while holding

applicants responsible for making

reasonable efforts to accommodate the

interference concerns of the

Observatory. We find that advance

coordination with several parties,

including the Observatory, is sufficient

in cases in which no changes that could

affect the operations of the Observatory

are made to the application subsequent

to such coordination. However, to the

extent that such changes are made, the

Observatory must be notified at the time

the application is filed with the

Commission. Our goal is to permit

flexibility in coordination, while

ensuring that the Observatory has

adequate notice of applications that

could affect its operations.

20. It is ordered, that parts 5, 21, 22,

23, 24, 25, 26, 27, 73, 74, 78, 80, 87, 90,

95, 97, and 101 are AMENDED. This

action is authorized by Sections 4(i),

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

309(j)(13) of the Communications Act of

1934, as amended, 47 U.S.C. Section

154(i), 303(c), 303(f), 303(g), 303(r), and

309(j)(13).

Final Regulatory Flexibility Analysis

21. 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 ET

Docket No. 92–6.1 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).2

Need for and Objective of the Rules

22. In this decision, the Commission

establishes a Coordination Zone that

covers the islands of Puerto Rico,

Desecheo, Mona, Vieques, and Culebra

within the Commonwealth of Puerto

Rico (the Puerto Rican Islands). The

Arecibo Observatory is the largest and

most sensitive radio astronomy facility

in the world and the increasing number

of communications services on Puerto

Rico has cause increased interference

problems for the Observatory. The

Coordination Zone is needed to inform

the Arecibo Observatory of future

stations that may have a potential to

interfere with the Observatory’s

operations and to encourage applicants

for radio services to coordinate their

operations with the Observatory to

prevent interference problems.

Summary of Issues Raised by the Public

Comments in Response to the IRFA

23. No comments were filed in direct

response to the IRFA. In general

comments to the NPRM, however, some

parties raised concerns that

establishment of a Coordination Zone

might burden Commission licensees and

license applicants, including some

entities that may be small businesses.

Specifically, some parties that would be

affected by the Coordination Zone argue

that it is an unnecessary burden that

would delay the provision of

communications services and increase

the costs of establishing an operation

with limited benefit to the Observatory.

Some comments argue that this action

would give the Observatory additional

rights to spectrum not allocated to the

Radio Astronomy Service and would

delegate authority to the Observatory to

determine whether a proposed station

would cause interference and whether

the application should be granted.

However, the Commission has

determined that providing the

Observatory information regarding

proposed facilities would be a minimal

burden, and that the public benefit in

protecting the Observatory’s operations

from harmful interference justifies any

minimal burden that may be created.

Further, an applicant may refuse to

make modifications that it believes are

unreasonable and permit the

Commission to determine whether such

modifications are necessary. If the

Commission determines that an

applicant has made a reasonable effort

to address the interference concerns of

the Observatory, the application may be

granted even if the resultant operations

cause interference to the Observatory.

Description and Estimate of Small

Entities Subject to Which Rules Will

Apply

24. The rules adopted in the Report

and Order will apply to applicants for

part 5, 21, 22, 23, 24, 25, 26, 27, 73, 74,

78, 80, 87, 90, 94, 95 and 97 services

within the Coordination Zone, with the

following exceptions: The rules will

apply only to applicants for services

that operate on frequencies under 15

GHz, and will not apply to applicants

for mobile stations in land mobile radio

services, temporary base or temporary

fixed stations (other than short-term

broadcast auxiliary operations), the

Civil Air Patrol, new amateur stations

(other than amateur beacon and repeater

stations within 10 miles of the

Observatory), mobile Earth terminals

licensed under Part 25, or stations

aboard ships or aircraft. The

Commission has not developed a

definition of small entities applicable to

the services affected by this Report and

Order. Therefore, the applicable

definition of small entity is the one

under the Small Business

Administration (SBA) rules applicable

to Communications Services, Not

Elsewhere Classified. This definition

provides that a small entity is expressed

as one with $11.0 million or less in

annual receipts.3 We acknowledge the

likelihood that under this definition the

great majority of entities affected by the

Report and Order are small entities;

however, the number of such entities

cannot be accurately estimated.

Projected Reporting, Recordkeeping and

Other Compliance Requirements of the

Rules

25. The Coordination Zone will

require applicants for new and modified

radio facilities in various

communications services within the

affected areas to provide notification of

their proposed operations to the

Observatory, at the time their

applications are submitted to the

Commission. The Coordination Zone

will facilitate advanced coordination

between the Observatory and applicants

for new services so that applicants can

consider the protection of the

Observatory when designing their

system. Service applicants will be

responsible for making reasonable

efforts to accommodate the interference

concerns of the Observatory and the

Observatory will be permitted to file

comments regarding an application up

to 20 days after the application is filed

with the Commission.
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55529

26. The Coordination Zone

encompasses a large number of services,

operating at differing powers and

frequencies. Additionally, factors such

as terrain and propagation

characteristics further complicate

interference evaluations. Therefore, we

find that it would be extremely timeconsuming and difficult for the

Commission to establish interference

standards that would apply to all

service applicants. However, we concur

with comments that state that

interference guidelines could lessen

coordination problems, and Cornell has

proposed to develop such guidelines.

While we are cognizant of the concerns

of service providers regarding Cornell’s

objectivity in developing these

guidelines, we believe that Cornell will

have an incentive to cooperate with

service providers. If Cornell develops

unrealistically stringent guidelines,

service providers would undoubtedly

challenge them, resulting in a large

administrative burden on Cornell.

Further, under a guideline approach, the

Commission would remain the sole

entity that has the authority to delay any

service applications, if we find that an

applicant has not made reasonable

efforts to avoid interference to the

Observatory.

27. We are not establishing

Commission interference standards, but

are adopting SBE’s alternative proposal

that Cornell provide interference

guidelines to service applicants so that

applicants may consider protection to

the Observatory in the early design

phase of radio facilities. Cornell has

stated that such guidelines can be made

available to applicants in advance of

application preparation. We believe that

these guidelines will help ensure that

coordination between applicants and

the Observatory will proceed in a

smooth manner, and as experience is

gained by both applicants and Cornell,

become routine.

Steps Taken to Minimize Significant

Economic Impact on Small Entities

Consistent with Stated Objectives

28. To the extent that a service

applicant and the Observatory agree that

the applicant’s proposed operations

would cause harmful interference to the

Observatory, the applicant may either

pay to modify its own proposed

operations or—with the consent of the

Observatory—to upgrade the

Observatory’s facilities. Should a

dispute arise between the Observatory

and the applicant regarding whether the

applicant has made a reasonable effort

to avoid interference to the Observatory,

the applicant may refuse to pay for any

modifications or upgrades

recommended by the Observatory and

permit the Commission to resolve the

dispute. To the extent that the

Commission determines that reasonable

efforts have been made by the applicant

to protect the Observatory from

interference, there will be no further

obligation for the applicant to modify its

proposed operations or to upgrade the

Observatory’s facilities. Consequently, if

under those circumstances the

Observatory believes that the applicant’s

proposed operations must be modified

or its own facilities upgraded to protect

the Observatory from interference, the

Observatory will be required to pay for

any such modification or upgrade.

29. 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 5

Radio.

47 CFR Part 21

Communications common carriers,

Radio.

47 CFR Part 22

Communications common carriers,

Radio.

47 CFR Part 23

Communications common carriers,

Radio.

47 CFR Part 24

Personal communications services,

Radio.

47 CFR Part 25

Communications common carriers,

Radio.

47 CFR Part 26

General wireless communications

service, Radio.

47 CFR Part 27

Wireless communications service,

Radio.

47 CFR Part 73

Radio broadcasting, Television

broadcasting.

47 CFR Part 74

Radio broadcasting, Television

broadcasting.

47 CFR Part 78

Cable television, Radio.

47 CFR Part 80

Marine safety, Radio.

47 CFR Part 87

Defense communications, Radio.

47 CFR Part 90

Land mobile, Radio.

47 CFR Part 95

Radio.

47 CFR Part 97

Civil defense, 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 5, 21, 22, 23, 24, 25,

26, 27, 73, 74, 78, 80, 87, 90, 95, 97, and

101 are amended as follows:

PART 5—EXPERIMENTAL RADIO

SERVICES (OTHER THAN

BROADCAST)

1. The authority citation for part 5

continues to read as follows:

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

1082, as amended; 47 U.S.C. 154, 303.

Interpret or apply sec. 301, 48 Stat. 1081, as

amended; 47 U.S.C. 301.

2. Section 5.70 is added to read as

follows:

§ 5.70 Notification to the Arecibo

Observatory.

Any applicant for a new permanent

base or fixed station to be located on the

islands of Puerto Rico, Desecheo, Mona,

Vieques, and Culebra, or for a

modification of an existing

authorization which would change the

frequency, power, antenna height,

directivity, or location of a station on

these islands and would increase the

likelihood of the authorized facility

causing interference, shall notify the

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Applicants

may wish to consult interference

guidelines, which will be provided by

Cornell University. Applicants who

choose to transmit information

electronically should e-mail to:

prcz@naic.edu

(a) The notification to the Interference

Office, Arecibo Observatory shall be

made prior to, or simultaneously with,

the filing of the application with the

Commission. The notification shall state
55530 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

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.

(b) 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.

(c) The provisions of this paragraph

do not apply to operations that transmit

on frequencies above 15 GHz.

PART 21—DOMESTIC PUBLIC FIXED

RADIO SERVICES

1. The authority citation for part 21

continues to read as follows:

Authority: Secs. 1, 2, 4, 201–205, 208, 215,

218, 303, 307, 313, 403, 404, 410, 602, 48

Stat. as amended, 1064, 1066, 1070–1073,

1076, 1077, 1080, 1082, 1083, 1087, 1094,

1098, 1102; 47 U.S.C. 151, 154, 201–205, 208,

215, 218, 303, 307, 313, 314, 403, 404, 602;

47 U.S.C. 552, 554.

2. Section 21.113 is amended by

revising the section heading and adding

new paragraph (d) to read as follows:

§ 21.113 Quiet zones and Arecibo

Coordination Zone.

* * * * *

(d) Any applicant for a new

permanent base or fixed station to be

located on the islands of Puerto Rico,

Desecheo, Mona, Vieques, and Culebra,

or for a modification of an existing

authorization which would change the

frequency, power, antenna height,

directivity, or location of a station on

these islands and would increase the

likelihood of the authorized facility

causing interference, shall notify the

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Applicants

may wish to consult interference

guidelines, which will be provided by

Cornell University. Applicants who

choose to transmit information

electronically should e-mail to:

prcz@naic.edu

(1) The notification to the Interference

Office, Arecibo Observatory shall be

made prior to, or simultaneously with,

the filing of the application with the

Commission. The notification shall state

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.

PART 22—PUBLIC MOBILE SERVICES

1. The authority citation for part 22

continues to read as follows:

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

otherwise noted.

2. Section 22.369 is amended by

revising the section heading and adding

new paragraph (d) to read as follows:

§ 22.369 Quiet zones and Arecibo

Coordination Zone.

* * * * *

(d) Arecibo, Puerto Rico. The

requirements of this paragraph are

intended to minimize possible

interference at the Arecibo Observatory

in Puerto Rico. Licensees must make

reasonable efforts to protect the

Observatory from interference.

(1) Carriers planning to construct and

operate a new Public Mobile Services

station at a permanent fixed location on

the islands of Puerto Rico, Desecheo,

Mona, Vieques and Culebra or planning

a modification of an existing

authorization on these islands that

would increase the likelihood of the

authorized facility causing interference

must notify, at least 20 days in advance,

the Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically (e-mail address:

prcz@naic.edu), of the technical

parameters of the planned operation.

Carriers may wish to use the

interference guidelines provided by

Cornell University as guidance in

designing facilities to avoid interference

to the Observatory. The notification

must include the geographical

coordinates of the antenna location

(NAD–83 datum), the antenna height,

antenna directivity (if any), proposed

channel and FCC Rule Part, type of

emission, and effective isotropic

radiated power.

(2) When an application for authority

to operate a station is filed with the

FCC, the notification required in

paragraph (d)(1) of this section should

be sent at the same time. The

application must state the date that

notification in accordance with

paragraph (d)(1) of this section was

made. After receipt of such applications,

the FCC will allow a period of 20 days

for comments or objections in response

to the notifications indicated.

(3) If an objection to the planned

operation is received during the 20-day

period from the Interference Office, the

FCC will take whatever action is

deemed appropriate.

PART 23—INTERNATIONAL FIXED

PUBLIC RADIOCOMMUNICATION

SERVICES

1. The authority citation for part 23

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082

as amended; 47 U.S.C. 154, 303. Interpret or

apply sec. 301, 48 Stat. 1081; 47 U.S.C. 301.

2. Section 23.20 is amended by

adding paragraph (f) to read as follows:

§ 23.20 Assignment of frequencies.

* * * * *

(f) Any applicant for a new permanent

base or fixed station to be located on the

islands of Puerto Rico, Desecheo, Mona,

Vieques, and Culebra, or for a

modification of an existing

authorization which would change the

frequency, power, antenna height,

directivity, or location of a station on

these islands and would increase the

likelihood of the authorized facility

causing interference, shall notify the
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55531

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Applicants

may wish to consult interference

guidelines, which will be provided by

Cornell University. Applicants who

choose to transmit information

electronically should e-mail to:

prcz@naic.edu

(1) The notification to the Interference

Office, Arecibo Observatory shall be

made prior to, or simultaneously with,

the filing of the application with the

Commission. The notification shall state

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.

PART 24—PERSONAL

COMMUNICATIONS SERVICES

1. The authority citation for part 24

continues to read as follows:

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

309, and 332, unless otherwise noted.

2. A new § 24.18 is added to read as

follows:

§ 24.18 Notification to the Arecibo

Observatory.

The requirements in this section are

intended to minimize possible

interference at the Arecibo Observatory

in Puerto Rico. Licensees must make

reasonable efforts to protect the

Observatory from interference.

Licensees planning to construct and

operate a new station at a permanent

fixed location on the islands of Puerto

Rico, Desecheo, Mona, Vieques and

Culebra or planning a modification of an

existing authorization on these islands

that would increase the likelihood of the

authorized facility causing interference

must notify, at least 20 days in advance

of such operation, the Interference

Office, Arecibo Observatory, Post Office

Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically (e-mail address:

prcz@naic.edu), of the technical

parameters of the planned operation.

Licensees may wish to use the

interference guidelines provided by

Cornell University as guidance in

designing facilities to avoid interference

to the Observatory. The notification

must include the geographical

coordinates of the antenna location

(NAD–83 datum), the antenna height,

antenna directivity (if any), proposed

frequency and FCC Rule Part, type of

emission, effective radiated power, and

whether the proposed use is itinerant. If

an objection to the planned operation is

received during the 20-day period from

the Interference Office, the FCC will

take whatever action is deemed

appropriate.

PART 25—SATELLITE

COMMUNICATIONS

1. The authority citation for part 25

continues to read as follows:

Authority: Secs. 25.101 to 25.601 issued

under Sec. 4, 48 Stat. 1066, as amended; 47

U.S.C. 154. Interpret or apply secs. 101–104,

76 Stat. 419–427; 47 U.S.C. 701–744; 47

U.S.C. 554.

2. Section 25.203(i) is added to read

as follows:

§ 25.203 Choice of sites and frequencies.

* * * * *

(i) Any applicant for a new permanent

transmitting fixed earth station

authorization to be located on the

islands of Puerto Rico, Desecheo, Mona,

Vieques, and Culebra, or for a

modification of an existing

authorization which would change the

frequency, power, antenna height,

directivity, or location of such station

on these islands and would increase the

likelihood of the authorized facility

causing interference, shall notify the

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Applicants

may wish to consult interference

guidelines, which will be provided by

Cornell University. Applicants who

choose to transmit information

electronically should e-mail to:

prcz@naic.edu

(1) The notification to the Interference

Office, Arecibo Observatory shall be

made prior to, or simultaneously with,

the filing of the application with the

Commission. The notification shall state

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.

* * * * *

PART 26—GENERAL WIRELESS

COMMUNICATIONS SERVICE

1. The authority citation for part 26

continues to read as follows:

Authority: 47 U.S.C. Sections 154, 301,

302, 303, 309, and 332, unless otherwise

noted.

2. A new § 26.105 is added to read as

follows:

§ 26.105 Notification to the Arecibo

Observatory.

The requirements in this section are

intended to minimize possible

interference at the Arecibo Observatory

in Puerto Rico. Licensees must make

reasonable efforts to protect the

Observatory from interference.

Licensees planning to construct and

operate a new station at a permanent

fixed location on the islands of Puerto

Rico, Desecheo, Mona, Vieques and

Culebra or planning a modification of an

existing authorization on these islands

that would increase the likelihood of the
55532 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

authorized facility causing interference

must notify, at least 20 days in advance

of such operation, the Interference

Office, Arecibo Observatory, Post Office

Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically (e-mail address:

prcz@naic.edu), of the technical

parameters of the planned operation.

Licensees may wish to use the

interference guidelines provided by

Cornell University as guidance in

designing facilities to avoid interference

to the Observatory. The notification

must include the geographical

coordinates of the antenna location

(NAD–83 datum), the antenna height,

antenna directivity (if any), proposed

frequency and FCC Rule Part, type of

emission, effective radiated power, and

whether the proposed use is itinerant. If

an objection to the planned operation is

received during the 20-day period from

the Interference Office, the FCC will

take whatever action is deemed

appropriate.

PART 27—WIRELESS

COMMUNICATIONS SERVICE

1. The authority citation for part 27

continues to read as follows:

Authority: 47 U.S.C. Sections 154, 301,

302, 303, 307, 309, and 332, unless otherwise

noted.

2. Section 27.62 is added to read as

follows:

§ 27.62 Notification to the Arecibo

Observatory.

The requirements in this section are

intended to minimize possible

interference at the Arecibo Observatory

in Puerto Rico. Licensees must make

reasonable efforts to protect the

Observatory from interference.

Licensees planning to construct and

operate a new station at a permanent

fixed location on the islands of Puerto

Rico, Desecheo, Mona, Vieques and

Culebra or planning a modification of an

existing authorization on these islands

that would increase the likelihood of the

authorized facility causing interference

must notify, at least 20 days in advance

of such operation, the Interference

Office, Arecibo Observatory, Post Office

Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically (e-mail address:

prcz@naic.edu), of the technical

parameters of the planned operation.

Licensees may wish to use the

interference guidelines provided by

Cornell University as guidance in

designing facilities to avoid interference

to the Observatory. The notification

must include the geographical

coordinates of the antenna location

(NAD–83 datum), the antenna height,

antenna directivity (if any), proposed

frequency and FCC Rule Part, type of

emission, effective radiated power, and

whether the proposed use is itinerant. If

an objection to the planned operation is

received during the 20-day period from

the Interference Office, the FCC will

take whatever action is deemed

appropriate.

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334.

2. Section 73.1030 is amended by

redesignating paragraph (a) as paragraph

(a)(1) and adding new paragraph (a)(2)

to read as follows:

§ 73.1030 Notifications concerning

interference to radio astronomy, research

and receiving installations.

(a) * * *

(2) Any applicant for a new

permanent base or fixed station

authorization to be located on the

islands of Puerto Rico, Desecheo, Mona,

Vieques, and Culebra, or for a

modification of an existing

authorization which would change the

frequency, power, antenna height,

directivity, or location of a station on

these islands and would increase the

likelihood of the authorized facility

causing interference, shall notify the

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Applicants

may wish to consult interference

guidelines, which will be provided by

Cornell University. Applicants who

choose to transmit information

electronically should e-mail to:

prcz@naic.edu

(i) The notification to the Interference

Office, Arecibo Observatory shall be

made prior to, or simultaneously with,

the filing of the application with the

Commission. The notification shall state

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, and effective

radiated power. 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.

(ii) 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.

* * * * *

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. A new § 74.24(j) is added to read

as follows:

§ 74.24 Short-term operation.

* * * * *

(j)(1) This paragraph applies only to

operations which will transmit on

frequencies under 15 GHz. Prior to

commencing short-term operation of a

remote pickup broadcast station, a

remote pickup automatic relay station,

an aural broadcast STL station, an aural

broadcast intercity relay station, a TV

STL station, a TV intercity relay station,

a TV translator relay station, a TV

pickup station, or a TV microwave

booster station within the 4-mile (6.4

kilometer) radius Commonwealth of

Puerto Rico Protection Zone (centered

on NAD–83 Geographical Coordinates

North Latitude 18°20′38.28′′, West

Longitude 66°45′09.42′′), an applicant

must notify the Arecibo Observatory,

located near Arecibo, Puerto Rico.

Operations within the Puerto Rico

Coordination Zone (i.e., on the islands

of Puerto Rico, Desecheo, Mona,

Vieques, or Culebra), but outside the

Protection Zone, whether short term or

long term, shall provide notification to

the Arecibo Observatory prior to

commencing operation. Notification

should be directed to the following:

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, Tel. (809)

878–2612, Fax (809) 878–1861, E-mail

prcz@naic.edu.

(2) Notification of short-term

operations may be provided by

telephone, fax, or electronic mail. The

notification for long-term operations

shall be written or electronic, and shall
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55533

set forth the technical parameters of the

proposed station, including 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.

Applicants may wish to consult

interference guidelines, which will be

provided by Cornell University. In

addition, the applicant shall indicate in

its application to the Commission the

date notification was made to the

Observatory. Generally, submission of

the information in the technical portion

of the FCC license application is

adequate notification. After receipt of

such applications in non-emergency

situations, 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. In

emergency situations in which prior

notification or approval is not

practicable, notification or approval

must be accomplished as soon as

possible after operations begin.

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. Section 78.19 is amended by

redesignating paragraph (c) as paragraph

(c)(1) and adding new paragraph (c)(2)

to read as follows:

§ 78.19 Interference.

* * * * *

(c) * * *

(2) Any applicant for a new

permanent base or fixed station

authorization to be located on the

islands of Puerto Rico, Desecheo, Mona,

Vieques, and Culebra, or for a

modification of an existing

authorization which would change the

frequency, power, antenna height,

directivity, or location of a station on

these islands and would increase the

likelihood of the authorized facility

causing interference, shall notify the

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Applicants

may wish to consult interference

guidelines, which will be provided by

Cornell University. Applicants who

choose to transmit information

electronically should e-mail to:

prcz@naic.edu

(i) The notification to the Interference

Office, Arecibo Observatory shall be

made prior to, or simultaneously with,

the filing of the application with the

Commission. The notification shall state

the geographical coordinates of the

transmit 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 isotropic 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.

(ii) 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.

(iii) The provisions of this paragraph

do not apply to operations that transmit

on frequencies above 15 GHz.

* * * * *

PART 80—STATIONS IN THE

MARITIME SERVICES

1. The authority citation for part 80

continues to read as follows:

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

1082, as amended; 47 U.S.C. 154, 303, unless

otherwise noted. Interpret or apply 48 Stat.

1064–1068, 1081–1105, as amended; 47

U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST

4726, 12 UST 2377.

2. A new § 80.21(f) is added to read

as follows:

§ 80.21 Supplemental information

required.

* * * * *

(f) Any applicant for a new permanent

base or fixed station to be located on the

islands of Puerto Rico, Desecheo, Mona,

Vieques, and Culebra, or for a

modification of an existing

authorization which would change the

frequency, power, antenna height,

directivity, or location of a station on

these islands and would increase the

likelihood of the authorized facility

causing interference, shall notify the

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Applicants

may wish to consult interference

guidelines, which will be provided by

Cornell University. Applicants who

choose to transmit information

electronically should e-mail to:

prcz@naic.edu

(1) The notification to the Interference

Office, Arecibo Observatory shall be

made prior to, or simultaneously with,

the filing of the application with the

Commission. The notification shall state

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 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.

PART 87—AVIATION SERVICES

1. The authority citation for part 87

continues to read as follows:
55534 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

Authority: 48 Stat. 1066, 1082, as

amended; 47 U.S.C. 154, 303, unless

otherwise noted. Interpret or apply 48 Stat.

1064–1068, 1081–1105, as amended; 47

U.S.C. 151–156, 301–609.

2. Section 87.23 is amended by

redesignating paragraph (a) as

paragraph(a)(1) and adding new

paragraph (a)(2) to read as follows:

§ 87.23 Supplemental information

required.

(a) * * *

(2) Any applicant for a new

permanent base or fixed station to be

located on the islands of Puerto Rico,

Desecheo, Mona, Vieques, and Culebra,

or for a modification of an existing

authorization which would change the

frequency, power, antenna height,

directivity, or location of a station on

these islands and would increase the

likelihood of the authorized facility

causing interference, shall notify the

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Applicants

may wish to consult interference

guidelines, which will be provided by

Cornell University. Applicants who

choose to transmit information

electronically should e-mail to:

prcz@naic.edu.

(i) The notification to the Interference

Office, Arecibo Observatory shall be

made prior to, or simultaneously with,

the filing of the application with the

Commission. The notification shall state

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.

(ii) 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, if

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.

(iii) The provisions of this paragraph

do not apply to Civil Air Patrol stations

or to operations that transmit on

frequencies above 15 GHz.

* * * * *

PART 90—PRIVATE LAND MOBILE

RADIO SERVICES

1. The authority citation for part 90

continues to read as follows:

Authority: Sections 4, 303, and 332, 48

Stat. 1066, 1082, as amended; 47 U.S.C. 154,

303, and 332, unless otherwise noted.

2. Section 90.129(e) is revised to read

as follows:

§ 90.129 Supplemental information to be

routinely submitted with applications.

* * * * *

(e) Applicants proposing to construct

a radio station in the vicinity of radio

astronomy observatories in West

Virginia; on the islands of Puerto Rico,

Desecheo, Mona, Vieques, and Culebra;

or in the vicinity of a radio receiving

zone in Colorado must submit the

statements prescribed by § 90.177.

* * * * *

3. Section 90.177 is amended by

revising the introductory paragraph and

adding new paragraph (f) to read as

follows:

§ 90.177 Protection of certain radio

receiving locations.

This section pertains to applications

for new or modified authorizations in

the vicinity of the National Radio

Astronomy Observatory, Green Bank,

Pocahontas County, WV; the Naval

Radio Research Observatory, Sugar

Grove, Pendleton County, WV; the

Arecibo Observatory, which is part of

the National Astronomy and Ionosphere

Center, located near Arecibo, PR; the

Table Mountain Radio Receiving Zone,

Boulder County, CO.; the Federal

Communications Commission

monitoring stations; and other protected

sites.

* * * * *

(f) Any applicant for a new permanent

base or fixed station to be located on the

islands of Puerto Rico, Desecheo, Mona,

Vieques, and Culebra, or for a

modification of an existing

authorization which would change the

frequency, power, antenna height,

directivity, or location of a station on

these islands and would increase the

likelihood of the authorized facility

causing interference, shall notify the

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Applicants

may wish to consult interference

guidelines, which will be provided by

Cornell University. Applicants who

choose to transmit information

electronically should e-mail to:

prcz@naic.edu.

(1) The notification to the Interference

Office, Arecibo Observatory shall be

made prior to, or simultaneously with,

the filing of the application with the

Commission. The notification shall state

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, if

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.

PART 95—PERSONAL RADIO

SERVICES

1. The authority citation for part 95

continues to read as follows:

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

1082, as amended; 47 U.S.C. 154, 303.

2. A new § 95.42 is added to read as

follows:

§ 95.42 Considerations in the Puerto Rico

Coordination Zone.

Any applicant for a new base or fixed

station authorization to be located on

the islands of Puerto Rico, Desecheo,

Mona, Vieques, and Culebra, or for a

modification of an existing

authorization which would change the

frequency, power, antenna height,

directivity, or location of a station on

these islands and would increase the

likelihood of the authorized facility
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55535

causing interference, shall notify the

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Applicants

may wish to consult interference

guidelines, which will be provided by

Cornell University. Applicants who

choose to transmit information

electronically should e-mail to:

prcz@naic.edu.

(a) The notification to the Interference

Office, Arecibo Observatory shall be

made prior to, or simultaneously with,

the filing of the application with the

Commission. The notification shall state

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.

(b) 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.

(c) The provisions of this paragraph

do not apply to operations that transmit

on frequencies above 15 GHz.

3. A new § 95.192(d) is added to read

as follows:

§ 95.192 (FRS Rule 2) Authorized

locations.

* * * * *

(d) Anyone intending to operate an

FRS unit on the islands of Puerto Rico,

Desecheo, Mona, Vieques, and Culebra

in a manner that could pose an

interference threat to the Arecibo

Observatory shall notify the Interference

Office, Arecibo Observatory, Post Office

Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically, of the location

of the unit. Operators may wish to

consult interference guidelines, which

will be provided by Cornell University.

Operators who choose to transmit

information electronically should e-mail

to: prcz@naic.edu.

(1) The notification to the Interference

Office, Arecibo Observatory shall be

made 45 days prior to commencing

operation of the unit. The notification

shall state the geographical coordinates

of the unit.

(2) After receipt of such notifications,

the Commission will allow the Arecibo

Observatory a period of 20 days for

comments or objections. The operator

will be required to make reasonable

efforts in order to resolve or mitigate

any potential interference problem with

the Arecibo Observatory. If the

Commission determines that an operator

has satisfied its responsibility to make

reasonable efforts to protect the

Observatory from interference, the unit

may be allowed to operate.

4. A new § 95.206(c) is added to read

as follows:

§ 95.206 (R/C Rule 6) Are there any special

restrictions on the location of my R/C

stations?

* * * * *

(c) Anyone intending to operate an R/

C station on the islands of Puerto Rico,

Desecheo, Mona, Vieques, and Culebra

in a manner that could pose an

interference threat to the Arecibo

Observatory shall notify the Interference

Office, Arecibo Observatory, Post Office

Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically, of the location

of the unit. Operators may wish to

consult interference guidelines, which

will be provided by Cornell University.

Operators who choose to transmit

information electronically should e-mail

to: prcz@naic.edu.

(1) The notification to the Interference

Office, Arecibo Observatory shall be

made 45 days prior to commencing

operation of the unit. The notification

shall state the geographical coordinates

of the unit.

(2) After receipt of such notifications,

the Commission will allow the Arecibo

Observatory a period of 20 days for

comments or objections. The operator

will be required to make reasonable

efforts in order to resolve or mitigate

any potential interference problem with

the Arecibo Observatory. If the

Commission determines that an operator

has satisfied its responsibility to make

reasonable efforts to protect the

Observatory from interference, the unit

may be allowed to operate.

5. A new Section 95.405(d) is added

to read as follows:

§ 95.405 (CB Rule 5) Where may I operate

my CB station?

* * * * *

(d) Anyone intending to operate a CB

station on the islands of Puerto Rico,

Desecheo, Mona, Vieques, and Culebra

in a manner that could pose an

interference threat to the Arecibo

Observatory shall notify the Interference

Office, Arecibo Observatory, Post Office

Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically, of the location

of the unit. Operators may wish to

consult interference guidelines, which

will be provided by Cornell University.

Operators who choose to transmit

information electronically should e-mail

to: prcz@naic.edu.

(1) The notification to the Interference

Office, Arecibo Observatory shall be

made 45 days prior to commencing

operation of the unit. The notification

shall state the geographical coordinates

of the unit.

(2) After receipt of such notifications,

the Commission will allow the Arecibo

Observatory a period of 20 days for

comments or objections. The operator

will be required to make reasonable

efforts in order to resolve or mitigate

any potential interference problem with

the Arecibo Observatory. If the

Commission determines that an operator

has satisfied its responsibility to make

reasonable efforts to protect the

Observatory from interference, the unit

may be allowed to operate.

6. A new § 95.840 is added to read as

follows:

§ 95.840 Considerations in the Puerto Rico

Coordination Zone.

Any applicant for a new IVDS system

authorization to be located on the

islands of Puerto Rico, Desecheo, Mona,

Vieques, and Culebra, or for a

modification of an existing

authorization which would change the

frequency, power, antenna height,

directivity, or location of a station on

these islands and would increase the

likelihood of the authorized facility

causing interference, shall notify the

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Applicants

may wish to consult interference

guidelines, which will be provided by

Cornell University. Applicants who

choose to transmit information

electronically should e-mail to:

prcz@naic.edu.

(a) The notification to the Interference

Office, Arecibo Observatory shall be

made prior to, or simultaneously with,

the filing of the application with the

Commission. The notification shall state

the geographical coordinates of the

antenna (NAD–83 datum), antenna

height above ground, ground elevation
55536 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

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.

(b) 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.

7. A new § 95.1003(c) is added to read

as follows:

§ 95.1003 Authorized locations.

* * * * *

(c) Anyone intending to operate an

LPRS transmitter on the islands of

Puerto Rico, Desecheo, Mona, Vieques,

and Culebra in a manner that could pose

an interference threat to the Arecibo

Observatory shall notify the Interference

Office, Arecibo Observatory, Post Office

Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically, of the location

of the unit. Operators may wish to

consult interference guidelines, which

will be provided by Cornell University.

Operators who choose to transmit

information electronically should e-mail

to: prcz@naic.edu.

(1) The notification to the Interference

Office, Arecibo Observatory shall be

made 45 days prior to commencing

operation of the transmitter. The

notification shall state the geographical

coordinates of the unit.

(2) After receipt of such notifications,

the Commission will allow the Arecibo

Observatory a period of 20 days for

comments or objections. The operator

will be required to make reasonable

efforts in order to resolve or mitigate

any potential interference problem with

the Arecibo Observatory. If the

Commission determines that an operator

has satisfied its responsibility to make

reasonable efforts to protect the

Observatory from interference, the unit

may be allowed to operate.

PART 97—AMATEUR RADIO SERVICE

1. The authority citation for part 97

continues to read as follows:

Authority: 48 Stat. 1066, 1082, as

amended; 47 U.S.C. 154, 303. Interpret or

apply 48 Stat. 1064–1068, 1081–1105, as

amended; 47 U.S.C. 151–155, 301–609,

unless otherwise noted.

2. A new § 97.203(h) is added to read

as follows:

§ 97.203 Beacon station.

* * * * *

(h) The provisions of this paragraph

do not apply to beacons that transmit on

the 1.2 cm or shorter wavelength bands.

Before establishing an automatically

controlled beacon within 16 km (10

miles) of the Arecibo Observatory or

before changing the transmitting

frequency, transmitter power, antenna

height or directivity of an existing

beacon, the station licensee must give

written notification thereof to the

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Licensees

who choose to transmit information

electronically should e-mail to:

prcz@naic.edu.

(1) The notification shall state the

geographical coordinates of the antenna

(NAD–83 datum), antenna height above

mean sea level (AMSL), antenna center

of radiation above ground level (AGL),

antenna directivity and gain, proposed

frequency and FCC Rule Part, type of

emission, effective radiated power, and

whether the proposed use is itinerant.

Licensees may wish to consult

interference guidelines provided by

Cornell University.

(2) If an objection to the proposed

operation is received by the FCC from

the Arecibo Observatory, Arecibo,

Puerto Rico, within 20 days from the

date of notification, the FCC will

consider all aspects of the problem and

take whatever action is deemed

appropriate.

3. A new § 97.205(h) is added to read

as follows:

§ 97.205 Repeater station.

* * * * *

(h) The provisions of this paragraph

do not apply to repeaters that transmit

on the 1.2 cm or shorter wavelength

bands. Before establishing a repeater

within 16 km (10 miles) of the Arecibo

Observatory or before changing the

transmitting frequency, transmitter

power, antenna height or directivity of

an existing repeater, the station licensee

must give written notification thereof to

the Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Licensees

who choose to transmit information

electronically should e-mail to:

prcz@naic.edu.

(1) The notification shall state the

geographical coordinates of the antenna

(NAD–83 datum), antenna height above

mean sea level (AMSL), antenna center

of radiation above ground level (AGL),

antenna directivity and gain, proposed

frequency and FCC Rule Part, type of

emission, effective radiated power, and

whether the proposed use is itinerant.

Licensees may wish to consult

interference guidelines provided by

Cornell University.

(2) If an objection to the proposed

operation is received by the FCC from

the Arecibo Observatory, Arecibo,

Puerto Rico, within 20 days from the

date of notification, the FCC will

consider all aspects of the problem and

take whatever action is deemed

appropriate.

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 101.123 is amended by

revising the section heading and adding

new paragraph (d) to read as follows:

§ 101.123 Quiet zones and Arecibo

Coordination Zone.

* * * * *

(d) Any applicant for a new

permanent fixed station authorization to

be located on the islands of Puerto Rico,

Desecheo, Mona, Vieques, and Culebra,

or for a modification of an existing

authorization which would change the

frequency, power, antenna height,

directivity, or location of a station on

these islands and would increase the

likelihood of the authorized facility

causing interference, shall notify the

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Applicants

may wish to consult interference

guidelines, which will be provided by

Cornell University. Applicants who

choose to transmit information

electronically should e-mail to:

prcz@naic.edu.

(1) The notification to the Interference

Office, Arecibo Observatory shall be

made prior to, or simultaneously with,

the filing of the application with the

Commission. The notification shall state
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