21048 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations

Appendix B—[Amended]

2. In appendix B, table 1 is amended

by removing the site for Kenmark

Textile Corporation, Farmingdale, New

York.

[FR Doc. 95–10623 Filed 4–28–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 421

[BPO-083-F]

RIN 0938-AF84

Medicare Program; Revisions to

Criteria and Standards for Evaluating

Intermediaries and Carriers

CFR Correction

In title 42 of the Code of Federal

Regulations, parts 400 to 429, revised as

of October 1, 1994, on page 617,

§ 421.120 was inadvertently omitted.

The section should have appeared as set

forth below:

§ 421.120 Performance criteria.

(a) Application of performance

criteria. As part of the intermediary

evaluations authorized by section

1816(f) of the Act, HCFA periodically

assesses the performance of

intermediaries in their Medicare

operations using performance criteria.

The criteria measure and evaluate

intermediary performance of functional

responsibilities such as—

(1) Correct coverage and payment

determinations;

(2) Responsiveness to beneficiary

concerns; and

(3) Proper management of

administrative funds.

(b) Basis for criteria. HCFA will base

the performance criteria on—

(1) Nationwide intermediary

experience;

(2) Changes in intermediary

operations due to fiscal constraints; and

(3) HFCA’s objectives in achieving

better performance.

(c) Publication of criteria. The

development and revision of criteria for

evaluating intermediary performance is

a continuing process. Therefore, before

the beginning of each evaluation period,

HCFA will publish the performance

criteria as a notice in the Federal

Register.

[48 FR 7178, Feb. 18, 1983]

BILLING CODE 1505-01-D

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 2

[ET Docket No. 92–28; FCC 95–70]

Mobile-Satellite Service at 1610–1626.5

and 2483.5–2500 Mhz

AGENCY: Federal Communications

Commission.

ACTION: Final rule; clarification and

correction of typographical errors.

SUMMARY: This Memorandum Opinion

and Order (MO&O) affirms the decision

in the Report and Order (R&O) in this

proceeding to allocate the 1610–1626.5

MHz (1.6 GHz) and 2483.5–2500 MHz

(2.4 GHz) bands for geostationary orbit

(GSO) and non-geostationary orbit (lowEarth orbit or LEO) mobile-satellite

service (MSS) use, and clarifies that the

Commission made no finding in that

decision as to whether both types of

systems would be authorized. We also

clarify the meaning of international

footnotes RR753F and RR731E, but defer

to the International Telecommunication

Union (ITU) 1995 World

Radiocommunications Conference

(WRC–95) action on modification of

these footnotes. Finally, we note that we

will explore with the National

Telecommunications and Information

Administration (NTIA) the possibility of

Government or shared Government/nonGovernment bands being made available

to assist in satisfying MSS/

radiodetermination satellite service

(RDSS) feeder link requirements.

EFFECTIVE DATE: May 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Ray LaForge, Office of Engineering and

Technology, telephone (202) 739–0598.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order in ET

Docket No. 92–28 adopted on February

24, 1995 and released on March 20,

1995. The complete text of this

Memorandum Opinion and Order is

available for inspection and copying

during normal business hours in the

FCC Public Reference Center (Room

239), 1919 M Street, NW, Washington,

DC 20554. The complete text of this

Memorandum Opinion and Order also

may be purchased from the

Commission’s duplication contractor,

International Transcription Service,

Inc., 2100 M Street, NW, Suite 140,

Washington DC 20036, (202) 857–3800.

Summary of Memorandum Opinion

and Order

1. In the R&O, (See ET Docket No. 92–

28, 9 FCC Rcd 536, 59 FR 9413 (1993))

we allocated the 1.6 and 2.4 GHz bands

for LEO and GSO MSS on a primary

basis. We stated that this allocation

supports the growing demand for

mobile communications, permits the

introduction of new satellite services,

and conforms to the 1992 World

Administrative Radio Conference

(WARC–92) spectrum allocation for

these bands.

2. On March 30, 1994, Loral

Qualcomm Satellite Services, Inc.

(LQSS) filed a Petition for Clarification

and Partial Reconsideration of the R&O

requesting that the Commission (1)

clarify that the R&O was intended only

to allocate spectrum for MSS but did not

establish eligibility requirements for

MSS licensees; (2) increase the power

flux density (PFD) values in RR753F

and clarify that these values represent

thresholds that determine when

coordination with terrestrial users is

required, rather than absolute limits; (3)

modify RR731E to apply a ¥15 dBW/4

kHz EIRP limit to all MSS uplinks and

eliminate the requirement for protection

of aeronautical radionavigation systems;

and (4) identify spectrum below 15 GHz

that can be used for MSS feeder links.

3. We concur with LQSS that the R&O

made no finding on the desirability of

LEO versus GSO systems. In the Notice

of Proposed Rule Making (NPRM) (see

ET Docket 92–28, 7 FCC Rcd 6414, 57

FR 43434 (September 21, 1992)) we

proposed to require MSS systems

licensed in the 1.6 and 2.4 GHz bands

to operate in non-geostationary orbits.

The R&O did not make any

determination of this issue. However,

the recent Report and Order in the

service rules proceeding decided this

issue in favor of LEO satellite systems.

See CC Docket No. 92–166, 9 FCC Rcd

5936, 59 FR 53294 (1994).

4. Further in regard to footnote

RR753F, in the R&O, we concluded that

the international footnotes adopted for

the 1.6 and 2.4 GHz bands by WARC–

92 were intended to form the basis for

international notification and

coordination of various satellite

systems, and to ensure that new and

existing systems are afforded protection

from harmful interference. We therefore

adopted footnote RR753F domestically.

While the PFD values prescribed by

RR753F may be viewed by LQSS as

excessively conservative, we believe

that the proper forum for modifying

these values is WRC–95. However, we

concur with LQSS and commenting

parties that these values were not

intended as absolute limits. We thus

clarify that the PFD values prescribed by

RR753F are coordination thresholds that

may be exceeded with the consent of all

affected parties.
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations 21049

5. Further, RR731E was one of the

bases for international agreement on the

use of the 1.6 GHz band for the

implementation of new mobile-satellite

services. We believe that the proper

forum for modifying this footnote is

WRC–95. However, consistent with our

interpretation of RR753F, we clarify that

the EIRP values may be exceeded with

the consent of all affected parties.

6. In the R&O, we noted that there

may be difficulties in identifying

spectrum below 15 GHz for MSS LEO

feeder link operations. We stated that

we would be exploring all options to

ensure that adequate unencumbered

spectrum is available for feeder link

requirements. In a recent Report to

NTIA, we recommended that the shared

Government/non-Government bands at

3600–3700 and 5850–5925 MHz be

made available for exclusive nonGovernment use. We noted that the

3600–3700 MHz band was identified in

our negotiated rule making regarding

MSS above 1 GHz as one of the more

likely candidates for MSS/RDSS feeder

link spectrum. We intend to explore

with NTIA the possibility of feeder link

spectrum being made available from

these and other existing Government or

shared Government/non-Government

bands that may be reallocated for

exclusive non-Government use.

7. Accordingly, It is Ordered, that the

Petition for Clarification and Partial

Reconsideration submitted by Loral

Qualcomm Satellite Services, Inc. Is

Granted to the extent indicated herein,

and Is Denied in all other respects. This

action is taken pursuant to Sections 4(i),

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

Communications Act of 1934, as

amended, 47 U.S.C. sections 154(i),

303(c), (f), (g), and (r). Since there were

a few typographical errors in the Table

as published in the R&O, we are also

placing below in Amendatory Text a

corrected copy of the Table of

Frequency Allocations, 47 CFR 2.106,

that reflects all of the modifications to

the Table that were made in the R&O.

List of Subjects 47 CFR Part 2

Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Amendatory Text

Part 2 of chapter I of title 47 of the

Code of Federal Regulations is amended

as follows:

PART 2—FREQUENCY ALLOCATIONS

AND RADIO TREATY MATTERS—

GENERAL RULES AND REGULATIONS

1. The authority citation in Part 2

continue to read:

Authority: Sec. 4, 302, 303, and 307 of the

Communications Act of 1934, as amended,

47 U.S.C. Sections 154, 154(i), 302, 303,

303(r), and 307, unless otherwise noted.

2. Section 2.106, the Table of

Frequency Allocations, is amended as

follows:

a. The entries for 1610–1626.5 MHz

are removed and new entries for 1610–

1626.5 MHz are added in numerical

order.

b. The entry for 2483.5–2500 MHz is

removed and a new entry for 2483.5–

2500 MHz is added in numerical order.

c. The entries for the 22.5–22.55,

22.55–23, 24.25–24.45, 24.45–24.65, and

24.65–24.75 GHz are removed and new

entries for 22.5–22.55, 22.55–23, 24.25–

24.45, 24.45–24.65, and 24.65–24.75

GHz are added in numerical order.

d. INTERNATIONAL FOOTNOTES

Nos. 731E, 731F, 753F, 881A, 881B,

882E, 882F, and 882G are added; and

Nos. 733A, 733E, 734, 753, and 753C are

revised.

e. UNITED STATES (US) FOOTNOTE

US319 is revised and NONGOVERNMENT (NG) FOOTNOTE

NG147 is revised.

The additions, deletions, and

revisions read as follows:

§ 2.106 Table of Frequency Allocations.

International Table United States Table FCC use designators

Region 1

allocation MHz

Region 2

allocation MHz

Region 3

allocation MHz

Government Allocation MHzNon-Government

Allocation MHz Rule part(s) Special-use frequencies

(1) (2) (3) (4) (5) (6) (7)

* * * * * * *

1610–1610.6 1610–1610.6 1610–1610.6 1610–1610.6 1610–1610.6

AERONAUTICAL

RADIONAVIGATION

MOBILE SATELLITE (Earthto-space)

AERONAUTICAL

RADIONAVIGATION

RADIODETERMINATION SATELLITE (Earthto-space)

MOBILE SATELLITE (Earthto-space)

AERONAUTICAL

RADIONAVIGATION

MOBILE-SATELLITE (Earthto-space)

RADIODETERMINATION-SATELLITE (Earthto-space)

AERONAUTICAL

RADIONAVIGATION

RADIODETERMINATION-SATELLITE (Earthto-space)

MOBILE-SATELLITE (Earthto-space)

AERONAUTICAL

RADIONAVIGATION

RADIODETERMINATION-SATELLITE (Earthto-space)

MOBILE-SATELLITE (Earthto-space)

AVIATION (87)

SATELLITE COMMUNICATION

(25)

722 727 730 731

731E 732 733

733A 733B

733E 733F

722 731E 732 733

733A 733C

733D 733E

722 727 730 731E

732 733 733A

733B 733E

722 731E 732 733

733A 733E

US208 US260

US319

722 731E 732 733

733A 733E

US208 US260

US319

1610.6–1613.8 1610.6–1613.8 1610.6–1613.8 1610.6–1613.8 1610.6–1613.8
21050 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations

International Table United States Table FCC use designators

Region 1

allocation MHz

Region 2

allocation MHz

Region 3

allocation MHz

Government Allocation MHzNon-Government

Allocation MHz Rule part(s) Special-use frequencies

(1) (2) (3) (4) (5) (6) (7)

AERONAUTICAL

RADIONAVIGATION

MOBILE SATELLITE (Earthto-space)

RADIO-ASTRONOMY

AERONAUTICAL

RADIONAVIGATION

RADIODETERMINATION-SATELLITE (Earthto-space)

MOBILE-SATELLITE (Earthto-space)

RADIO-ASTRONOMY

AERONAUTICAL

RADIONAVIGATION

MOBILE-SATELLITE (Earthto-space)

RADIO-ASTRONOMY

Radiodetermination-Satellite

(Earth-to-space)

AERONAUTICAL

RADIONAVIGATION

RADIODETERMINATION-SATELLITE (Earthto-space)

MOBILE-SATELLITE (Earthto-space)

RADIO-ASTRONOMY

AERONAUTICAL

RADIONAVIGATION

RADIODETERMINATION SATELLITE (Earthto-space)

MOBILE SATELLITE (Earthto-space)

RADIO-ASTRONOMY

AVIATION (87)

SATELLITE COMMUNICATION

(25)

722 727 730 731

731E 732 733

733A 733B

733E 733F 734

722 731E 732 733

733A 733C

733D 733E 734

722 727 730 731E

732 733 733A

733B 733E 734

722 731E 732 733

733A 733E 734

US208 US260

US319

722 731E 732 733

733A 733E 734

US208 US260

US319

1613.8–1626.5 1613.8–1626.5 1613.8–1626.5 1613.8–1626.5 1613.8–1626.5

AERONAUTICAL

RADIONAVIGATION

MOBILE SATELLITE (Earthto-space)

Mobile-Satellite

(space-to-Earth)

AERONAUTICAL

RADIONAVIGATION

RADIODETERMINATION-SATELLITE (Earthto-space)

MOBILE-SATELLITE (Earthto-space)

Mobile Satellite

(space-to-Earth)

AERONAUTICAL

RADIONAVIGATION

MOBILE SATELLITE (Earthto-space)

Radiodetermination-Satellite

(Earth-to-space)

Mobile Satellite

(space-to-Earth)

AERONAUTICAL

RADIONAVIGATION

RADIODETERMINATION-SATELLITE (Earthto-space)

MOBILE-SATELLITE (Earthto-space)

Mobile-Satellite

(space-to-Earth)

AERONAUTICAL

RADIONAVIGATION

RADIODETERMINATION SATELLITE (Earthto-space)

MOBILE SATELLITE (Earthto-space)

Mobile Satellite

(space-to-Earth)

AVIATION (87)

SATELLITE COMMUNICATION

(25)

722 727 730 731

731E 731F 732

733 733A 733B

733E 733F

722 731E 731F

732 733 733A

732C 733D

733E

722 727 730 731E

731F 732 733

733A 733B

733E

722 731E 731F

732 733 733E

US208 US260

US319

722 731E 731F

732 733 733E

US208 US260

US319

* * * * * * *

2483.5–2500 2483.5–2500 2483.5–2500 2483.5–2500 2483.5–2500

FIXED

MOBILE

MOBILE-SATELLITE (spaceto-Earth)

Radiolocation

FIXED

MOBILE

RADIODETERMINATION-SATELLITE (spaceto-Earth) 753A

RADIOLOCATION

MOBILE-SATELLITE (spaceto-Earth)

FIXED

MOBILE

RADIO-LOCATION

MOBILE-SATELLITE (spaceto-Earth)

Radiodetermination-Satellite

(space-to-Earth)

753A

RADIODETERMINATION-SATELLITE (spaceto-Earth) 753A

MOBILE SATELLITE (spaceto-Earth)

RADIODETERMINATION-SATELLITE (spaceto-Earth) 753A

MOBILE SATELLITE (spaceto-Earth)

SATELLITE COMMUNICATION

(25)

733F 752 753

753A 753B

753C 753F

752 753D 753F 752 753C 753F 752 753F US41

US319

752 753F US41

US319 NG147

* * * * * * *

22.50–22.55 22.50–22.55 22.50–22.55 22.50–22.55 22.50–22.55

FIXED

MOBILE

FIXED

MOBILE

FIXED

MOBILE

FIXED

MOBILE

US211

FIXED

MOBILE

US211

DOMESTIC PUBLIC FIXED (21)

PRIVATE OPERATIONAL

FIXED MICROWAVE (94)

22.55–23 22.55–23 22.55–23 22.55–23 22.55–23
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations 21051

International Table United States Table FCC use designators

Region 1

allocation MHz

Region 2

allocation MHz

Region 3

allocation MHz

Government Allocation MHzNon-Government

Allocation MHz Rule part(s) Special-use frequencies

(1) (2) (3) (4) (5) (6) (7)

FIXED

INTER-SATELLITE

MOBILE

FIXED

INTER-SATELLITE

MOBILE

FIXED

INTER-SATELLITE

MOBILE

FIXED

INTER-SATELLITE

MOBILE

FIXED

INTER-SATELLITE

MOBILE

DOMESTIC PUBLIC FIXED (21)

PRIVATE OPERATIONAL

FIXED MICROWAVE (94)

SATELLITE COMMUNICATIONS

(25).

879 879 879 879 US278 879 US278

* * * * * * *

24.25–24.45 24.25–24.45 24.25–24.45 24.25–24.45 24.25–24.45

FIXED RADIONAVIGATIONRADIONAVIGATION

FIXED

MOBILE

RADIONAVIGATIONRADIONAVIGATIONAVIATION (87)

24.45–24.65 24.45–24.65 24.45–24.65 24.45–24.65 24.45–24.65

FIXED

INTER-SATELLITE

RADIONAVIGATION

INTER-SATELLITE

RADIONAVIGATION

FIXED

INTER-SATELLITE

MOBILE

INTER-SATELLITE

RADIONAVIGATION

INTER-SATELLITE

RADIONAVIGATION

SATELLITE COMMUNICATION

(25)

882E 882E 882E 882E

24.65–24.75 24.65–24.75 24.65–24.75 24.65–24.75 24.65–24.75

FIXED

INTER-SATELLITE

INTER-SATELLITE

RADIO-LOCATION SATELLITE (Earthto-space)

FIXED

INTER-SATELLITE

MOBILE

882E 882F

INTER-SATELLITE

RADIO-LOCATION-SATELLITE (Earthto-space)

INTER-SATELLITE

RADIO-LOCATION-SATELLITE (Earthto-space)

SATELLITE COMMUNICATION

(25)

* * * * * * *

International Footnotes

* * * * *

731E—The use of the band 1610–1626.5

MHz by the mobile-satellite service (Earth-tospace) and by the radiodeterminationsatellite service (Earth-to-space) is subject to

the application of the coordination and

notification procedures set forth in

Resolution 46 (WARC–92). A mobile earth

station operating in either of the services in

this band shall not produce an e.i.r.p. density

in excess of ¥15 dB(W/4 kHz) in the part of

the band used by systems operating in

accordance with the provisions of No. 732,

unless otherwise agreed by the affected

administrations. In the part of the band

where such systems are not operating, a

value of ¥3 dB (W/4 kHz) is applicable.

Stations of the mobile-satellite service shall

not cause harmful interference to, or claim

protection from, stations in the aeronautical

radionavigation service, stations operating in

accordance with the provisions of No. 732

and stations in the fixed service operating in

accordance with the provisions of No. 730.

731F—The use of the band 1613.8–1626.5

MHz by the mobile-satellite service (space-toEarth) is subject to the application of the

coordination and notification procedures set

forth in Resolution 46 (WARC–92).

* * * * *

733A—With respect to the

radiodetermination-satellite and mobilesatellite services the provisions of No. 953 do

not apply in the frequency band 1610–1626.5

MHz.

* * * * *

733E—Harmful interference shall not be

caused to stations of the radio astronomy

service using the band 1610.6–1613.8 MHz

by stations of the radiodetermination-satellite

and mobile-satellite services. (No. 2904

applies.)

734—In making assignments to stations of

other services, administrations are urged to

take all practicable steps to protect the radio

astronomy service in the band 1610.6–1613.8

MHz from harmful interference. Emissions

from space or air-borne stations can be

particularly serious sources of interference to

the radio astronomy service (see Nos. 343

and 344 and Article 36).

* * * * *

753—Different category of service: in

France, the band 2450–2500 MHz is allocated

on a primary basis to the radiolocation

service (see No. 425). Such use is subject to

agreement with administrations having

service operating or planned to operate in

accordance with the Table of Frequency

Allocations which may be affected.

* * * * *

753C—Different category of service: in

Angola, Australia, Bangladesh, Burundi,

China, Coˆte d’Ivoire, Ethiopia, India, the

Islamic Republic of Iran, Israel, Italy, Jordan,

Kenya, Lebanon, Liberia, Libya, Madagascar,

Mali, Pakistan, Papua New Guinea, Senegal,

Sudan, Swaziland, Syria, Tanzania,

Thailand, Togo, Zaire and Zambia, the

allocation of the band 2483.5–2500 MHz to

the radiodetermination-satellite service

(space-to-Earth) is on a primary basis (see No.

425) subject to agreement obtained under the

procedure of Article 14 with other countries

not listed in this provision.

* * * * *

753F—The use of the band 2483.5–2500

MHz by the mobile-satellite and the

radiodetermination-satellite services is

subject to the application of the coordination

and notification procedures set forth in

Resolution 46 (WARC–92). Coordination of

space stations of the mobile-satellite and

radiodetermination-satellite services with

respect to terrestrial services is required only

if the power flux-density produced at the

Earth’s surface exceeds the limits in No.

2566. In respect of assignments operating in

this band, the provisions of Section II,

paragraph 2.2 of Resolution 46 (WARC–92)

shall also be applied to geostationary
21052 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations

transmitting space stations with respect to

terrestrial stations.

* * * * *

881A—Use of the 25.25–27.5 GHz band by

the inter-satellite service is limited to space

research and Earth exploration-satellite

applications, and also transmissions of data

originating from industrial and medical

activities in space.

881B—Space services using nongeostationary satellites operating in the intersatellite service in the band 27–27.5 GHz are

exempt from the provisions of No. 2613.

* * * * *

882E—The inter-satellite service shall not

claim protection from harmful interference

from airport surface detection equipment

stations of the radionavigation service.

882F—Additional allocation: in Japan, the

band 24.65–25.25 GHz is also allocated to the

radionavigation service on a primary basis

until 2008.

882G—In the band 24.75–25.25 GHz,

feeder links to stations of the broadcastingsatellite service shall have priority over other

users in the fixed-satellite service (Earth-tospace). Such other users shall protect and

shall not claim protection from existing and

future operating feeder-link networks to such

broadcasting satellite stations.

* * * * *

United States (US) Footnotes

* * * * *

US319—In the 137–138, 148–149.9, 149.9–

150.05, 399.9–400.5, 400.15–401, 1610–

1626.5, and 2483.5–2500 MHz bands,

Government stations in the mobile-satellite

service shall be limited to earth stations

operating with non-Government space

stations.

* * * * *

Non-Government (NG) Footnotes

* * * * *

NG147—Stations in the broadcast auxiliary

service and private radio services licensed as

of July 25, 1985, or on a subsequent date

following as a result of submitting an

application for license on or before July 25,

1985, may continue to operate on a primary

basis with the mobile-satellite service and the

radiodetermination satellite service.

* * * * *

[FR Doc. 95–10418 Filed 4–28–95; 8:45 am]

BILLING CODE 6712–01–M