[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Rules and Regulations]
[Pages 55525-55537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28296]


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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.

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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,

[[Page 55526]]

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

[[Page 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 
time-consuming 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.

[[Page 55528]]

    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.<SUP>1</SUP> 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).<SUP>2</SUP>
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    \1\ 11 FCC Rcd 1716 (1996).
    \2\ Subtitle II of the CWAAA is ``The Small Business Regulatory 
Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C. 
601 et seq.
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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.<SUP>3</SUP> 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.
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    \3\ 13 CFR Sec. 121.201, Standard Industrial Classification 
(SIC) Code 4899.
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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.

[[Page 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 
time-consuming 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. 
Sec. 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:


Sec. 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: <a href="/cdn-cgi/l/email-protection#7303011009331d121a105d161706"><span class="__cf_email__" data-cfemail="3d4d4f5e477d535c545e13585948">[email protected]</span></a>
    (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

[[Page 55530]]

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:


Sec. 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: <a href="/cdn-cgi/l/email-protection#3a4a4859407a545b5359145f5e4f"><span class="__cf_email__" data-cfemail="661614051c2608070f0548030213">[email protected]</span></a>
    (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:


Sec. 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: <a href="/cdn-cgi/l/email-protection#f08082938ab09e919993de959485"><span class="__cf_email__" data-cfemail="a3d3d1c0d9e3cdc2cac08dc6c7d6">[email protected]</span></a>), 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:


Sec. 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

[[Page 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: 
<a href="/cdn-cgi/l/email-protection#463634253c0628272f2568232233"><span class="__cf_email__" data-cfemail="c0b0b2a3ba80aea1a9a3eea5a4b5">[email protected]</span></a>
    (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 Sec. 24.18 is added to read as follows:


Sec. 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: <a href="/cdn-cgi/l/email-protection#09797b6a73496768606a276c6d7c"><span class="__cf_email__" data-cfemail="fe8e8c9d84be909f979dd09b9a8b">[email protected]</span></a>), 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:


Sec. 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: <a href="/cdn-cgi/l/email-protection#19696b7a63597778707a377c7d6c"><span class="__cf_email__" data-cfemail="e292908198a28c838b81cc878697">[email protected]</span></a>
    (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 Sec. 26.105 is added to read as follows:


Sec. 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

[[Page 55532]]

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: <a href="/cdn-cgi/l/email-protection#b2c2c0d1c8f2dcd3dbd19cd7d6c7"><span class="__cf_email__" data-cfemail="c2b2b0a1b882aca3aba1eca7a6b7">[email protected]</span></a>), 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:


Sec. 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: <a href="/cdn-cgi/l/email-protection#b9c9cbdac3f9d7d8d0da97dcddcc"><span class="__cf_email__" data-cfemail="c2b2b0a1b882aca3aba1eca7a6b7">[email protected]</span></a>), 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:


Sec. 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: <a href="/cdn-cgi/l/email-protection#b6c6c4d5ccf6d8d7dfd598d3d2c3"><span class="__cf_email__" data-cfemail="9bebe9f8e1dbf5faf2f8b5feffee">[email protected]</span></a>
    (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 Sec. 74.24(j) is added to read as follows:


Sec. 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 deg.20'38.28'', West 
Longitude 66 deg.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 <a href="/cdn-cgi/l/email-protection#f9898b9a83b99798909ad79c9d8c"><span class="__cf_email__" data-cfemail="1363617069537d727a703d767766">[email protected]</span></a>.
    (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

[[Page 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:


Sec. 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: <a href="/cdn-cgi/l/email-protection#6c1c1e0f162c020d050f42090819"><span class="__cf_email__" data-cfemail="572725342d1739363e3479323322">[email protected]</span></a>
    (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 Sec. 80.21(f) is added to read as follows:


Sec. 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: <a href="/cdn-cgi/l/email-protection#a0d0d2c3dae0cec1c9c38ec5c4d5"><span class="__cf_email__" data-cfemail="69191b0a13290708000a470c0d1c">[email protected]</span></a>
    (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:


[[Page 55534]]


    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:


Sec. 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: <a href="/cdn-cgi/l/email-protection#cfbfbdacb58fa1aea6ace1aaabba"><span class="__cf_email__" data-cfemail="e393918099a38d828a80cd868796">[email protected]</span></a>.
    (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:


Sec. 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 Sec. 90.177.
* * * * *
    3. Section 90.177 is amended by revising the introductory paragraph 
and adding new paragraph (f) to read as follows:


Sec. 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: <a href="/cdn-cgi/l/email-protection#78080a1b02381619111b561d1c0d"><span class="__cf_email__" data-cfemail="6313110019230d020a004d060716">[email protected]</span></a>.
    (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 Sec. 95.42 is added to read as follows:


Sec. 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

[[Page 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: <a href="/cdn-cgi/l/email-protection#403032233a002e2129236e252435"><span class="__cf_email__" data-cfemail="3a4a4859407a545b5359145f5e4f">[email protected]</span></a>.
    (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 Sec. 95.192(d) is added to read as follows:


Sec. 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: 
<a href="/cdn-cgi/l/email-protection#562624352c1638373f3578333223"><span class="__cf_email__" data-cfemail="b3c3c1d0c9f3ddd2dad09dd6d7c6">[email protected]</span></a>.
    (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 Sec. 95.206(c) is added to read as follows:


Sec. 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: 
<a href="/cdn-cgi/l/email-protection#770705140d3719161e1459121302"><span class="__cf_email__" data-cfemail="91e1e3f2ebd1fff0f8f2bff4f5e4">[email protected]</span></a>.
    (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:


Sec. 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: 
<a href="/cdn-cgi/l/email-protection#1a6a6879605a747b7379347f7e6f"><span class="__cf_email__" data-cfemail="671715041d2709060e0449020312">[email protected]</span></a>.
    (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 Sec. 95.840 is added to read as follows:


Sec. 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: <a href="/cdn-cgi/l/email-protection#344446574e745a555d571a515041"><span class="__cf_email__" data-cfemail="601012031a200e0109034e050415">[email protected]</span></a>.
    (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

[[Page 55536]]

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 Sec. 95.1003(c) is added to read as follows:


Sec. 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: 
<a href="/cdn-cgi/l/email-protection#275755445d6749464e4409424352"><span class="__cf_email__" data-cfemail="3e4e4c5d447e505f575d105b5a4b">[email protected]</span></a>.
    (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 Sec. 97.203(h) is added to read as follows:


Sec. 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: <a href="/cdn-cgi/l/email-protection#5e2e2c3d241e303f373d703b3a2b"><span class="__cf_email__" data-cfemail="403032233a002e2129236e252435">[email protected]</span></a>.
    (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 Sec. 97.205(h) is added to read as follows:


Sec. 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: <a href="/cdn-cgi/l/email-protection#205052435a604e4149430e454455"><span class="__cf_email__" data-cfemail="106062736a507e7179733e757465">[email protected]</span></a>.
    (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:


Sec. 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: <a href="/cdn-cgi/l/email-protection#0272706178426c636b612c676677"><span class="__cf_email__" data-cfemail="d9a9abbaa399b7b8b0baf7bcbdac">[email protected]</span></a>.
    (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

[[Page 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


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