16498 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Rules and Regulations

operation shall be attenuated below the

transmitter power (p) within the

licensed band(s) of operation, measured

in watts, by the following amounts:

(1) For fixed, land, and radiolocation

land stations: By a factor not less than

80 + 10 log (p) dB on all frequencies

between 2320 and 2345 MHz;

(2) For mobile and radiolocation

mobile stations: By a factor not less than

110 + 10 log (p) dB on all frequencies

between 2320 and 2345 MHz;

(3) For fixed, land, mobile,

radiolocation land and radiolocation

mobile stations: By a factor not less than

70 + 10 log (p) dB on all frequencies

below 2300 MHz and on all frequencies

above 2370 MHz; and not less than 43

+ 10 log (p) dB on all frequencies

between 2300 and 2320 MHz and on all

frequencies between 2345 and 2370

MHz that are outside the licensed bands

of operation;

(4) Compliance with these provisions

is based on the use of measurement

instrumentation employing a resolution

bandwidth of 1 MHz or less, but at least

one percent of the emission bandwidth

of the fundamental emission of the

transmitter, provided the measured

energy is integrated over a 1 MHz

bandwidth;

(5) In complying with the

requirements in § 27.53(a)(1) and

§ 27.53(a)(2), WCS equipment that uses

opposite sense circular polarization

from that used by Satellite DARS

systems in the 2320–2345 MHz band

shall be permitted an allowance of 10

dB;

(6) When measuring the emission

limits, the nominal carrier frequency

shall be adjusted as close to the edges,

both upper and lower, of the licensee’s

bands of operation as the design

permits;

(7) The measurements of emission

power can be expressed in peak or

average values, provided they are

expressed in the same parameters as the

transmitter power;

(8) Waiver requests of any of the outof-band emission limits in paragraphs

(a)(1) through (a)(7) of this section shall

be entertained only if interference

protection equivalent to that afforded by

the limits is shown;

(9) In the 2305–2315 MHz band, if

portable devices comply with all of the

following requirements, then paragraph

(a)(2) of this section shall not apply to

portable devices, which instead shall

attenuate all emissions into the 2320–

2345 MHz band by a factor of not less

than 93 + 10 log (p) dB:

(i) The portable device has a duty

cycle of 12.5% or less, with at most a

312.5 microsecond pulse every 2.5

milliseconds;

(ii) The portable device must employ

time division multiple access (TDMA)

technology;

(iii) The nominal peak transmit

output power of the portable device is

no more than 200 milliwatts (25

milliwatts average power);

(iv) The portable device operates with

the minimum power necessary for

successful communications;

(v) The nominal average base station

transmit output power is no more than

800 milliwatts when the base station

antennas is located at a height of at least

8 meters (26.25 feet) above the ground;

(vi) Only fixed and portable devices

and services may be provided: vehiclemounted units are not permitted; and

(vii) Transmitting antennas shall

employ linear polarization or another

polarization that provides equivalent of

better discrimination with respect to a

DARS antenna;

(10) The out-of-band emissions limits

in paragraphs (a)(1) through (a)(9) of this

section may be modified by the private

contractual agreement of all affected

licensees, who shall maintain a copy of

the agreement in their station files and

disclose it to prospective assignees or

transferees and, upon request, to the

Commission.

(b) For WCS Satellite DARS

operations: The limits set forth in

§ 25.202(f) of this chapter shall apply,

except that Satellite DARS operations

shall be limited to a maximum power

flux density of ¥197 dBW/m2/4 kHz in

the 2370–2390 MHz band at Arecibo,

Puerto Rico.

(c) When an emission outside of the

authorized bandwidth causes harmful

interference, the Commission may, at its

discretion, require greater attenuation

than specified in this section.

5. Section 27.58 is added to read as

follows:

§ 27.58 Interference to MDS/ITFS

receivers.

(a) WCS licensees shall bear full

financial obligation to remedy

interference to MDS/ITFS block

downconverters if all of the following

conditions are met:

(1) The complaint is received by the

WCS licensee prior to February 20,

2002;

(2) The MDS/ITFS downconverter

was installed prior to August 20, 1998;

(3) The WCS fixed or land station

transmits at 50 or more watts peak EIRP;

(4) The MDS/ITFS downconverter is

located within a WCS transmitter’s free

space power flux density contour of

¥34 dBW/m2; and

(5) The MDS/ITFS customer or

licensee has informed the WCS licensee

of the interference within one year from

the initial operation of the WCS

transmitter or within one year from any

subsequent power increase at the WCS

station.

(b) Resolution of complaints shall be

at no cost to the complainant.

(c) Two or more WCS licensees

collocating their antennas on the same

tower shall assume shared

responsibility for remedying

interference complaints within the area

determined by paragraph (a)(4) of this

section unless an offending station can

be readily determined and then that

station shall assume full financial

responsibility.

(d) If the WCS licensee cannot

otherwise eliminate interference caused

to MDS/ITFS reception, then that

licensee must cease operations from the

offending WCS facility.

(e) At least 30 days prior to

commencing operations from any new

WCS transmission site or with increased

power from any existing WCS

transmission site, a WCS licensee shall

notify all MDS/ITFS licensees in or

through whose licensed service areas

they intend to operate of the technical

parameters of the WCS transmission

facility. WCS and MDS/ITFS licensees

are expected to coordinate voluntarily

and in good faith to avoid interference

problems and to allow the greatest

operational flexibility in each other’s

operations.

[FR Doc. 97–8909 Filed 4–4–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1–285]

Organization and Delegation of Powers

and Duties; Delegation to the Director,

Transportation Administrative Service

Center

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Secretary of

Transportation rescinds the authority of

the Assistant Secretary for

Administration to operate the Working

Capital Fund, as found in 49 CFR

1.59(d). The authority to operate the

Working Capital Fund is hereby

delegated to the Director, Transportation

Administrative Service Center (TASC).

This requires a change to the Code of

Federal Regulations (CFR).

EFFECTIVE DATES: This rule is effective

April 7, 1997.
Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Rules and Regulations 16499

FOR FURTHER INFORMATION CONTACT:

Mr. Robert F. Stokes, TASC Business

Support Office, Department of

Transportation, (202) 366–5143, 400

Seventh Street SW., Washington, DC

20590, or Ms. Gwyneth Radloff, Office

of the General Counsel, C–50, (202)

366–9305, Department of

Transportation, 400 Seventh Street SW.,

Washington, DC 20590.

SUPPLEMENTARY INFORMATION: The

Secretary of Transportation has been

given the authority to operate a Working

Capital Fund (WCF) as prescribed in

Pub.L. 89–670, October 15, 1966,

revised by Pub.L. 97–449, January 12,

1983, 49 U.S.C. § 327. The Secretary had

delegated this authority to the Assistant

Secretary for Administration, as found

in 49 CFR § 1.59. In November 1995, as

part of the Secretary’s consolidation of

common administrative services in the

Office of the Secretary into a single

organization, the Secretary of

Transportation established TASC. By

administrative order, he assigned the

Director, TASC, the responsibility of

operating the WCF.

This rule amends 49 CFR § 1.59(d) by

deleting the authority of the Assistant

Secretary for Administration to operate

the WCF. The rule establishes the

authority of the Director, TASC, to

operate the WCF by adding a new

paragraph under 49 CFR § 1.64,

Authority to Operate the Working

Capital Fund.

This rule is being published as a final

rule and is being made effective on the

date of publication. It relates to

departmental management,

organization, procedure, and practice.

For this reason, the Secretary for good

cause finds, under 5 U.S.C. § 553 (b)B

and (d)(3), that notice, and public

procedure on the notice are unnecessary

and that this rule should be made

effective in less than 30 days after

publication.

List of Subjects in 49 CFR Part 1

Authority delegations (Government

agencies), organization and functions

(Government agencies).

In consideration of the foregoing, part

1 of title 49, Code of Federal

Regulations, is amended to read as

follows:

PART 1—[AMENDED]

1. The authority citation for Part 1

continues to read as follows:

Authority: 49 U.S.C. 322; Pub. L. 101–552,

28 U.S.C. 2672, 31 U.S.C. 3711(a)(2).

2. Section 1.59 is amended by revising

paragraph (d) to read as follows:

§ 1.59 Delegations to the Assistant

Secretary for Administration.

* * * * *

(d) Special funds. Except as otherwise

delegated, establish or operate, or both,

such special funds as may be required

by statute or by administrative

determination. This excludes the

Working Capital Fund (49 U.S.C. 327).

* * * * *

3. A new § 1.64 is added as follows:

§ 1.64 Delegations to the Director,

Transportation Administrative Service

Center.

The Director, Transportation

Administrative Service Center (TASC),

is delegated authority to operate the

Working Capital Fund (49 U.S.C. 327).

Issued in Washington, DC, this 28th day of

March 1997.

Rodney E. Slater,

Secretary of Transportation.

[FR Doc. 97–8756 Filed 4–4–97; 8:45 am]

BILLING CODE 4910–62–P