[Federal Register Volume 65, Number 196 (Tuesday, October 10, 2000)]
[Rules and Regulations]
[Pages 60108-60112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25733]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 87

[ET Docket No. 98-197; FCC 00-353]


Radionavigaton Service at 31.8-32.3 GHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's Rules to delete the 
unused radionavigation service allocation from the band 31.8-32.3 GHz 
in the Non-Federal Government Table of Frequency Allocations and 
removes this band from the list of available frequencies set forth in 
the rules for the Aviation Services. This action will obviate concerns 
for interference to the reception of deep space radiocommunications in 
the band 31.8-32.3 GHz from co-channel, non-Federal Government 
radionavigation transmissions that could otherwise occur in the future.

DATES: Effective November 9, 2000.

FOR FURTHER INFORMATION CONTACT: Tom Mooring , Office of Engineering 
and Technology, (202) 418-2450.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 98-197, FCC 00-353, adopted September 22, 
2000, and released September 26, 2000. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC Reference Information Center, Room CY-A257, 445 12th 
Street, SW., Washington, DC, and also may be purchased from the 
Commission's duplication contractor, International Transcription 
Service, (202) 857-3800, 1231 20th Street, NW Washington, DC 20036.

Summary of the Report and Order

    1. This Report and Order amends part 2 of the Commission's Rules to 
delete the unused radionavigation service allocation from the band 
31.8-32.3 GHz in the Non-Federal Government Table of Frequency 
Allocations. Consequently, we also amend part 87 to remove this sub-
band from the list of available frequencies set forth in the rules for 
the Aviation Services. We take this action in response to a request 
from the National Telecommunications and Information Administration. 
This action will obviate concerns for interference to the reception of 
deep space radiocommunications in the band 31.8-32.3 GHz from co-
channel, non-Federal Government radionavigation transmissions that 
could otherwise occur in the future. This action will also provide 
adequate spectrum for future applications of the non-Federal Government 
radionavigation service in the remaining 1.1 gigahertz at 32.3-33.4 
GHz.
    2. We adopt our proposal (63 FR 65726, November 30, 1998) to delete 
the non-Federal Government radionavigation service allocation from the 
band 31.8-32.3 GHz. This action reduces the amount of spectrum 
available to the non-Federal Government radionavigation service in this 
frequency range by approximately 30%. By limiting future non-Federal 
Government radionavigation services to the band 32.3-33.4 GHz, NASA's 
deep space operations in the band 31.8-32.3 GHz will be protected and 
sufficient spectrum will be available to accommodate such commercial 
and private radionavigation services as may develop in the future. As a 
consequence of this action, we also will delete the band 31.8-32.3 GHz 
from the list of frequencies that are available for use by the 
aeronautical radionavigation service under Sec. 87.173 of the rules for 
the Aviation Services. Since the band 32.3-33.4 GHz has previously been 
added to the Sec. 87.173, we are adding a rule part cross-reference to 
part 87 in the Table of Frequency Allocations.
    3. Final Regulatory Flexibility Certification. The Regulatory 
Flexibility Act (``RFA'') \1\ requires that a regulatory flexibility 
analysis be prepared for notice-and-comment rulemaking proceedings, 
unless the agency certifies that ``the rule will not, if promulgated, 
have a significant economic impact on a substantial number of small 
entities.'' The RFA generally defines ``small entity'' as having the 
same meaning as the terms ``small business,'' ``small organization,'' 
and ``small governmental jurisdiction.'' In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act. A small business concern is one which: 
(1) Independently owned and operated; (2) is not dominant in its field 
of operation; and (3) satisfies any additional criteria established by 
the Small Business Administration (``SBA'').
    4. In the Notice of Proposed Rulemaking, we concluded that the 
proposed rules ``[would] not have a significant economic impact on a 
substantial number of small entities.'' Although no separate comments 
were received concerning this certification, the only commenter to the 
proceeding, Mr. Lyman C. Welch, did express concern that this rule 
change would prohibit commercial use. In this Report and Order, we have 
clarified that commercial entities may continue to make use of the 
Federal Government's facility at Goldstone, and we therefore find that 
no small entities will be impacted by the rule change. Accordingly, we 
hereby certify that the deletion of the non-Federal Government 
radionavigation allocation at 31.8-32.3 GHz will not have a significant 
economic impact on a substantial number of small entities.
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    \1\ 5 U.S.C. 601 et seq. The RFA has been amended by the 
Contract With America Advancement Act of 1996, Public Law 104-121, 
110 Stat. 847 (1996) (``CWAAA''). Title II of the CWAAA is the Small 
Business Regulatory Enforcement Fairness Act of 1996 (``SBREFA'').
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    5. Report to Congress: The Commission will send a copy of this 
Report and Order, including this final certification, in a report to 
Congress pursuant to the Small Business Regulatory Enforcement Fairness 
Act of 1996, see 5 U.S.C. 801(a)(1)(A). In addition, the Report and 
Order and this certification will be sent to the Chief Counsel for 
Advocacy of the Small Business Administration. See 5 U.S.C. 605(b).
    6. Pursuant to the authority contained in Sections 4(i), 7(a), 
303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, 
as amended, 47 U.S.C. Sections 154(i), 157(a), 303(c), 303(f), 303(g), 
and 303(r), parts 2 and 87 of the Commission's Rules are amended; 
effective November 9, 2000.

List of Subjects

47 CFR Part 2

    Communications equipment, Radio.

47 CFR Part 87

    Air transportation, Communications equipment, Radio.


[[Page 60109]]


Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2 and 87 as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

    1. The authority citation for part 2 continues to read as follows:

    Authority:  47 U.S.C. Sections 154, 302a, 303, and 336, unless 
otherwise noted.

    2. Section 2.1(c) is amended by revising the definition for the 
``Inter-Satellite Service'' as follows:


Sec. 2.1  Terms and definitions.

* * * * *
    (c) * * *
    Inter-Satellite Service. A radiocommunication service providing 
links between artificial satellites. (RR)
* * * * *

    3. Section 2.106 is amended as follows:
    a. Pages 74 and 75 of the Table of Frequency Allocations are 
revised.
    b. Footnote US262 is revised.
    The revision reads as follows:


Sec. 2.106  Table of Frequency Allocations.

* * * * *
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United States (US) Footnotes

* * * * *
    US262  The use of the band 31.8-32.3 GHz by the space research 
service (deep space) (space-to-Earth) is limited to Goldstone, 
California.
* * * * *

PART 87--AVIATION SERVICES

    4. The authority citation for part 87 continues to read as follows:

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 
307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064-
1068, 1081-1105, as amended; 47 U.S.C. 151-156, 301-609.

    5. Section 87.173(b) is amended by removing the entry for ``31800-
33400 MHz'' in the frequency table and adding a new entry in numerical 
order to read as follows:


Sec. 87.173  Frequencies.

* * * * *
    (b) Frequency table:

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     Frequency or frequency band               Subpart              Class of station             Remarks
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*                  *                  *                  *                  *                  *
                                                        *
32300-33400 MHz......................  F, Q...................  MA, RL.................  Aeronautical
                                                                                          radionavigation.
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[FR Doc. 00-25733 Filed 10-6-00; 8:45 am]
BILLING CODE 6712-01-U