Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Proposed Rules 28079

document. Written public comments are

requested on the IRFA. These comments

must be filed in accordance with the

same filing deadlines as comments on

the rest of the Notice, but they must

have a separate and distinct heading

designating them as responses to the

Initial Regulatory Flexibility Analysis.

List of Subjects in 47 CFR Part 25

Satellites.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Proposed Rules

Part 25 of Title 47 of the Code of

Federal Regulations is proposed to be

amended, as follows:

PART 25—SATELLITE

COMMUNICATIONS

1. The authority citation for part 25

continues to read as follows:

Authority: Sections 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. 416–427, 47 U.S.C.

701–744; 47 U.S.C. 554.

2. Section 25.104 is revised to read as

follows:

§ 25.104 Preemption of local zoning of

earth stations.

(a) Any state or local land-use,

building, or similar regulation that

substantially limits reception by

receive-only antennas, or imposes

substantial costs on users of such

antennas, is preempted unless the

promulgating authority can demonstrate

that such regulation is reasonable in

relation to:

(1) A clearly defined, and expressly

stated health, safety, or aesthetic

objective; and

(2) The federal interest in fair and

effective competition among competing

communications service providers.

(b) Any regulation covered by

paragraph (a) of this section shall be

presumed unreasonable if it affects the

installation, maintenance, or use of:

(1) A satellite receive-only antenna

that is two meters or less in diameter

and is located or proposed to be located

in any area where commercial or

industrial uses are generally permitted

by local land-use regulation: or

(2) A satellite receive-only antenna

that is one meter or less in diameter in

any area.

(c) Any presumption arising from

paragraph (b) of this section may be

rebutted upon a showing that the

regulation in question:

(1) Is necessary to accomplish a

clearly defined and expressly stated

health or safety objective;

(2) Is no more burdensome to satellite

users than is necessary to achieve the

health or safety objective;

(3) Is specifically applicable to

antennas of the class mentioned in

paragraph (b) of this section.

(d) Regulation of satellite transmitting

antennas is preempted to the same

extent as provided in paragraph (a) of

this section, except that state and local

health and safety regulations relating to

radio frequency radiation of

transmitting antennas are not preempted

by this rule.

(e) Any person aggrieved by the

application or potential application of a

state or local zoning or other regulation

in violation of paragraph (a) of this

section may, after exhausting all

nonfederal administrative remedies, file

a petition with the Commission

requesting a declaration that the state or

local regulation in question is

preempted by this section. Nonfederal

administrative remedies, which do not

include judicial appeals of

administrative determinations, shall be

deemed exhausted when

(1) The petitioner’s application for a

permit or other authorization required

by the state or local authority has been

denied and any administrative appeal

has been exhausted;

(2) The petitioner’s application for a

permit or other authorization required

by the state or local authority has been

pending with that authority for ninety

days;

(3) The petitioner has been informed

that a permit or other authorization

required by the state or local authority

will be conditioned upon the

petitioner’s expenditure of an amount

greater than the aggregate purchase and

installation costs of the antenna; or

(4) A state or local authority has

notified the petitioner of impending

civil or criminal action in a court of law

and there are no more nonfederal

administrative steps to be taken.

(f) Any state or local authority that

wishes to maintain and enforce zoning

or other regulations inconsistent with

this section may apply to the

Commission for a full or partial waiver

of this section. Such waivers may be

granted by the Commission in its sole

discretion, upon a showing by the

applicant that local concerns of a highly

specialized or unusual nature create an

overwhelming necessity for regulation

inconsistent with this section. No

application for waiver shall be

considered unless it includes the

particular regulation for which waiver is

sought. Waivers granted according to

this rule shall not apply to later-enacted

or amended regulations by the local

authority unless the Commission

expressly orders otherwise.

[FR Doc. 95–13116 Filed 5–26–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Parts 80, 90, and 95

[WT Docket No. 95–56, FCC 95–174]

Low Power Radio and Automated

Maritime Telecommunications

Systems Operations in the 216–217

MHz Band

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission had adopted

a Notice of Proposed Rule Making

which seeks to permit the shared use of

the 216–217 MHz band, on a secondary,

non-interference basis, for a new Low

Power Radio Service to include law

enforcement tracking systems, auditory

assistance devices for the hearingimpaired, and health care assistance

devices for disabled and ill persons.

Further, the Commission seeks to permit

Automated Maritime

Telecommunications Systems (AMTS)

coast stations to also share this band on

a secondary, non-interference basis for

point-to-point network control

communications. This action stems

from the Commission’s Notice of

Proposed Rule Making and Notice of

Inquiry in PR Docket 92–257 which

sought to compile a record of viable,

alternative uses for this one megahertz

of maritime mobile spectrum. Thus, the

proposed rules should aid law

enforcement efforts in the recovery of

stolen goods, further the goals of the

Americans With Disabilities Act of 1990

(ADA), increase access to educational

and health care opportunities for

persons with disabilities and illnesses,

increase the number of channels

available to the AMTS for operational

control communications, and promote

the efficient use of maritime spectrum.

DATES: Comments must be filed on or

before July 18, 1995, and reply

comments must be filed on or before

August 17, 1995.

ADDRESSES: Federal Communications

Commission, 1919 M Street, NW.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Roger Noel of the Wireless

Telecommunications Bureau at (202)

418–0680.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, WT Docket No.

95–56, FCC 95–174, adopted April 25,

1995, and released, May 16, 1995. The
28080 Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Proposed Rules

full text of this Notice of Proposed Rule

Making is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room 239)

1919 M Street, NW. Washington, DC.

The complete text may be purchased

from the Commission’s copy contractor,

International Transcription Services,

2100 M Street, NW., Washington, DC

20037, telephone (202) 857–3800.

Summary of Notice of Proposed Rule

Making

1. The Commission initiated the

instant proceeding to explore alternative

uses of the 216–217 MHz band.

Presently, this one megahertz of

spectrum is allocated on a primary basis

to the AMTS. In 1992, however, the

Commission reallocated one megahertz

of radio spectrum from the AMTS to the

Interactive Video and Data Service

(IVDS), effectively ‘‘orphaning’’ the

216–217 MHz band. Thus, in PR Docket

92–257, the Commission sought

alternative uses for the spectrum that

would not cause harmful interference to

adjacent Television Channel 13

operations 9210–216 MHz).

2. The Commission proposes to

permit a new Low Power Radio Service

and AMTS coast station to share this

one megahertz of spectrum on a

secondary basis. Low Power Radio

Services would include law

enforcement tracking system, auditory

assistance devices for the hearing

impaired, and health care assistance

devices for disabled and ill persons. A

law enforcement tracking system

includes extremely small radio

transmitters attached to money and

goods that are likely to be stolen. When

activated, the small transmitters emit a

low power signal that can be tracked by

direction finding equipment, allowing

authorities to quickly recover the stolen

money or goods. An auditory assistance

system consists of a short range

transmitter and special receivers that

allow persons with hearing disabilities

to enjoy educational or entertaining

audio presentations. Similarly, low

power health care aids could be used for

short range, one-way medical telemetry.

Finally, AMTS coast stations could

utilize highly directional antennas to

transmit network control

communications, thereby increasing

system efficiencies.

3. There are forty, 25 kHz channels

available in the 216–217 MHz band. The

Commission proposes to allocate thirty

channels (216.0125–216.7375 MHz) to

the Low Power Radio Service and ten

channels (216.7625–216.9875 MHz) for

AMTS point-to-point communications.

The twenty channels closest to TV

Channel 13 would be limited to 100

milliwatts transmitter output power,

and the other twenty channels would be

limited to 1 watt. The Low Power Radio

Service (excluding two channels set

aside exclusively for law enforcement

tracking systems) would be

administered under Part 95 of the

Commission’s Rules, 47 CFR part 95.

The exclusive tracking system channels

would be administered under the Police

Radio Service in Part 90. Further, the

AMTS channels would be administered

under the maritime service rules in Part

80.

4. Under the proposed rules,

authorizations in the Low Power Radio

Service would be granted based on

Metropolitan Statistical Areas (MSAs)

and Rural Statistical Areas (RSAs). The

Commission did not propose to place a

limit on the number of licensees per

MSA and RSA or the total number of

licenses a single entity could obtain.

AMTS coast stations would simply add

the new channels to their current station

authorization. The Commission seeks

specific comments concerning the

proposed rule amendments.

5. Initial Regulatory Flexibility

Analysis

Reason for Action

The Commission proposes to allow

low power devices to share Automated

Maritime Traffic System frequencies in

the 216–217 MHz band.

Objectives

We seek to make better use of

currently unused portions of the

spectrum while taking advantage of

alternative low power technologies.

Legal Basis

The proposed action is authorized

under Sections 4(i) and 303(r) of the

Communications Act of 1934, as

amended, 47 U.S.C. 154(i) and 303(r).

Reporting, Recordkeeping and Other

Compliance Requirements

Our proposed addition of 47 CFR

95.1031 would require the low power

transmitters to be type accepted by the

Commission.

Federal Rules Which Overlap, Duplicate

or Conflict with These Rules

None.

Description, Potential Impact, and

Small Entities Involved

Allowing low power devices to be

licensed in the 216–217 MHz band

would use the radio spectrum more

efficiently, assist law enforcement

organizations, and facilitate

implementation of the provisions of the

Americans with Disabilities Act of 1990.

Any Significant Alternatives Minimizing

the Impact on Small Entities Consistent

With the Stated Objectives

None.

Lists of Subjects

47 CFR Part 80

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 90

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

47 CFR Part 95

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–13115 Filed 5–26–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 580

Petition for Rulemaking; Iowa

Automobile Dealers Association

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Denial of petition for

rulemaking.

SUMMARY: This notice denies a petition

by the Iowa Automobile Dealers

Association to amend the provision of

the agency’s Odometer Disclosure

regulations (49 CFR part 580) requiring

both the buyer and seller of a vehicle to

print their names, along with their

written signatures on the odometer

statements made on the vehicle title in

connection with the transfer of

ownership of the vehicle. 49 CFR

580.5(c). The petition is denied because

the agency finds that the hand-printing

requirement serves a law enforcement

need and because the petitioner cited no

particular burden arising from the

requirement.

FOR FURTHER INFORMATION CONTACT:

Eileen T. Leahy, Attorney, Office of the

Chief Counsel, NHTSA, 400 Seventh

Street, SW., Room 5219, Washington,

DC 20590; 202–366–5263.