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 Federal Communications Commission 47 CFR Parts 2 and 87
[ET Docket No. 98-197; FCC 00-353]
 AGENCY: Federal Communications Commission.
 ACTION: Final rule.
 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 § 87.173 of the rules for the Aviation Services. Since the band 32.3-33.4 GHz has previously been added to the § 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. 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
 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: § 2.1
  
 (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: § 2.106
 
 
 
  
 
  
 
 
 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: § 87.173
  
 (b) Frequency table: Frequency or frequency band
Subpart
Class of station
Remarks*         *         *         *         *         *         *32300-33400 MHz
F, Q
MA, RL
Aeronautical radionavigation.


# Footnotes

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”). Back to Citation


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