28686 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105–3901.

You can inspect copies of the

submitted SIP revisions and EPA’s

technical support documents (TSDs) at

our Region IX office during normal

business hours. You may also see copies

of the submitted SIP revisions at the

following locations:

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 1001 ‘‘I’’ Street,

Sacramento, CA 95814.

Arizona Department of Environmental

Quality, 3033 North Central Avenue,

Phoenix, AZ 85012.

Antelope Valley Air Pollution Control

District, 43301 Division Street, Suite

206, Lancaster, CA 93539.

Maricopa County Environmental

Services Department, Air Quality

Division, 1001 North Central Avenue,

Suite 201, Phoenix, AZ 85004.

FOR FURTHER INFORMATION CONTACT:

Yvonne Fong, Rulemaking Office (Air–

4), U.S. Environmental Protection

Agency, Region IX, (415) 744–1199.

SUPPLEMENTARY INFORMATION: This

proposal addresses the following local

rules: AVAPCD 1171 and MCESD 344.

In the Rules and Regulations section of

this Federal Register, we are approving

these local rules in a direct final action

without prior proposal because we

believe these SIP revisions are not

controversial. If we receive adverse

comments, however, we will publish a

timely withdrawal of the direct final

rule and address the comments in

subsequent action based on this

proposed rule. We do not plan to open

a second comment period, so anyone

interested in commenting should do so

at this time. If we do not receive adverse

comments, no further activity is

planned. For further information, please

see the direct final action.

Dated: April 27, 2001.

Michael Schulz,

Acting Regional Administrator, Region IX.

[FR Doc. 01–13046 Filed 5–23–01; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 2, 73, 74, and 78

[ET Docket No. 01–75; FCC 01–92]

Revisions to Broadcast Auxiliary

Service Rules

AGENCY: Federal Communications

Commission

ACTION: Proposed rule.

SUMMARY: In this document the

Commission conducts an extensive

review of the Broadcast Auxiliary

Services (BAS) rules and proposes

changes to create a more efficient BAS

that can readily adapt to regulatory and

technological changes. In addition, the

Commission examines the relationship

between BAS, the Cable Television

Relay Service (CARS), and the Fixed

Microwave Service. The Commission

also examines the use of wireless assist

video devices (WAVDs) on unused

television channels.

DATES: Comments must be submitted on

or before June 25, 2001, and reply

comments on or before July 23, 2001.

ADDRESSES: All filings must be sent to

the Commission’s Secretary, Magalie

Roman Salas, Office of Secretary,

Federal Communications Commission,

445 12th Street, SW., TW–A325,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Ira

Keltz, Office of Engineering and

Technology, (202) 418–0616.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making in ET Docket No.

01–75, adopted March 16, 2001, and

released March 20, 2001. The complete

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), 445 12th Street, SW., Washington,

DC, and also may be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 2100 M Street,

NW., Suite 140, Washington, DC 20037.

Summary of the Notice of Proposed

Rule Making

1. The Notice of Proposed Rule

Making conducts an extensive review of

the Broadcast Auxiliary Services (BAS)

rules and proposes changes to create a

more efficient BAS that can readily

adapt to regulatory and technological

changes. The Notice of Proposed Rule

Making also examines the relationships

between the BAS and the radio services

that share frequency bands with the

BAS. In many cases the BAS, the Cable

Television Relay Service (CARS) (part

78), and Fixed Microwave Services (FS)

(part 101) authorize technically and

operationally similar stations (i.e., they

use the same equipment,

channelization, bandwidth, etc.) in

shared frequency bands. The technical

rules for these services are not always

consistent, which, at times, has led to

confusion regarding compliance and

difficulties when licensees in different

services have tried to operate in

common geographic areas. Because we

believe that this issue must be

addressed to ensure that shared bands

are used as efficiently as possible, we

initiate this proceeding and again seek

comment on the best way to conform

the technical rules for these services.

2. One of our main goals is to ensure

that licensees can operate in an

environment in which the potential for

interference is minimized. Interference

protections are essential to spectrum

usage rights to prevent licensees from

unduly affecting other licensees in

terms of system operation or cost.

Nonetheless, we attempt to establish

rules that are no more restrictive than

necessary to achieve our goals in order

to provide maximum flexibility to our

licensees. Therefore, we seek comment

on the extent that commenters believe

our proposals or other portions of the

rules relevant to this proceeding are

more restrictive than necessary to

achieve our goals.

3. The significant proposals made by

this NPRM concerning BAS, as well as

CARS and FS operations that share

frequency bands with BAS, are as

follows:

• We propose to permit TV and aural

BAS stations to use any available digital

modulation techniques in all BAS

frequency bands. This proposal would

allow BAS stations to take advantage of

the latest developments in technology

and to smooth the transition to digital

TV and radio.

• We propose to update the BAS

emission masks to facilitate the

introduction of digital equipment and to

provide consistency with those used in

part 101.

• We propose to modify the equation

used by BAS and CARS for determining

the maximum effective isotropic

radiated power (EIRP) for short path

lengths. This proposal would eliminate

the steep reduction in EIRP for path

lengths shorter than the minimum for

which we permit the use of full power.

• We propose to allow BAS and

CARS stations to use automatic transmit

power control (ATPC) in order to

facilitate more efficient spectrum use.

• We propose to update the

transmitter power rules for BAS and

CARS to provide EIRP limits for all

frequency bands.

• We propose to require TV BAS and

CARS services to prior coordinate their

frequency use when using shared

frequency bands. This proposal would

serve to minimize instances of harmful

interference that occur when a new

station begins transmitting.

4. In addition, we make a variety of

proposals designed to update the BAS

rules. Our initiatives include instituting

temporary conditional authority for all

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28687

BAS stations, updating the Remote

Pickup BAS channel plan to provide

compatibility with the channel plan

adopted for private land mobile radio

(PLMR) in the Commission’s Refarming

proceeding (PR Docket No. 92–235),

updating the short-term operation rules,

and updating the BAS application rules

to make them consistent with the

Universal Licensing System (ULS). We

also propose, without discussion, many

minor rule changes intended to clarify

or fix typographical errors in existing

rules.

5. Finally, we propose to allow

wireless assist video devices to operate

on certain VHF–TV and UHF–TV

channels on a non-interference basis to

services allocated on that spectrum.

These devices, which are already used

by broadcasters, are needed to aid film

and television producers in filming at

various locations in a cost effective

manner and should result in a greater

use of a finite spectrum resource.

BAS Technical Rules (Part 74) and

Conforming Technical Rules for Parts

74, 78 and 101

Digital Modulation in the 2 GHz, 7 GHz,

and 13 GHz Bands

6. Emission limitation requirements

(emission masks) for digital modulation

is addressed in 47 CFR 74.637(c), which

provides an emission mask for analog or

digital modulation in the 6425–6525

MHz, 17,700–19,700 MHz, and 31.0–

31.3 GHz bands. Although the rules do

not specifically prohibit digital

modulation in other TV BAS bands (i.e.,

2025–2110 MHz, 2450–2483.5 MHz,

6875–7125 MHz, and 12,700–13,250

MHz), the Commission policy relative to

BAS has been to allow digital

modulation only in bands where it is

specifically authorized. To facilitate the

transition to digital TV and to

accommodate narrower channels in the

2 GHz band, we propose to modify the

rules in § 74.637 to permit digital

modulation in all TV BAS bands. In

addition, to allow aural BAS licensees

to take advantage of the spectral

efficiency that digital modulation offers,

we propose to modify 47 CFR 74.535 to

permit the use of any digital modulation

in all aural BAS bands.

Maximum Effective Isotropic Radiated

Power (EIRP) for Short Paths

7. 47 CFR 74.644 specifies the

minimum path length for which the

maximum EIRP will be authorized for

fixed links for TV BAS. Applicants

proposing path lengths shorter than

those specified, are required to reduce

power in accordance with the equation

provided in the rule section. We note

that the rules in 47 CFR 78.108(b) for

the CARS also use the same equation as

used for BAS for determining the

minimum path length. We believe that

the CARS also would benefit from

modifying the equation for determining

maximum power for short path lengths.

Accordingly, we propose to modify our

rules to implement in 47 CFR 74.644

and 78.108 the same equation codified

at 47 CFR 101.143 for determining the

maximum EIRP for path lengths shorter

than the specified minimum. We seek

comment on this proposal.

8. We note that 47 CFR 74.644 does

not specify a minimum path length for

fixed BAS links in the 2450–2483.5

MHz band. However, part 101 does

specify a minimum path length of 17

kilometers for the FS in all bands

between 1850 and 7150 MHz. To

promote spectrum efficiency by

preventing the use of overpowered

systems over short paths, we believe it

would be beneficial to specify a

minimum path length for BAS in the

2450–2483.5 MHz band. Thus, we

propose to adopt a minimum path

length of 17 kilometers for the BAS in

the 2450–2483.5 MHz band. We request

comment on whether this proposal

would unnecessarily constrain part 74

operations. Additionally, we propose to

grandfather any existing fixed links that

may be less than 17 kilometers at their

current power.

Transmitter Power

9. Currently, 47 CFR 74.636 and

74.534 specify the power limitations for

TV and aural BAS, respectively. For

some frequency bands only transmitter

output power is specified, and for some

frequency bands both transmitter output

power and EIRP, which describes the

amount of energy that is actually being

radiated by the transmitting antenna, are

specified. Because EIRP describes the

amount of energy that is actually being

radiated, it is the parameter that is

pertinent to understanding the RF

environment for coordinating stations

and mitigating interference. Further, the

use of the equation for maximum EIRP

for short path lengths proposed above is

contingent on the rules specifying a

maximum EIRP value in each frequency

band in which the equation applies. In

addition, specification of EIRP values

for BAS is consistent with the

Commission’s implementation of the

Universal Licensing System (ULS),

which is used to process BAS

applications with those in part 101. We

propose to modify the BAS rules to

specify maximum EIRP values for all

aural and TV BAS frequency bands.

10. We note that the rules in part 101

for FS microwave licensees specify EIRP

values. Where EIRP values exist in the

part 101 rules for fixed operations in

frequency bands shared with fixed BAS,

we propose to adopt the part 101 value

for fixed BAS in the same band. Because

many BAS and part 101 services are

similar in nature, it appears reasonable

for the same values to be used in both

rule parts. Specifically, we propose that

fixed operations for TV BAS in the

1990–2110 MHz and 2450–2500 MHz

bands have EIRP limits of 45 dBW. For

aural BAS in the 944–952 MHz band,

we propose to limit EIRP to 40 dBW,

which is identical to the limit specified

in part 101 for FS in the 941.5–944 MHz

and 952–960 MHz bands.

11. EIRP values also are necessary for

mobile TV BAS operations in the 1990–

2110 MHz and 2450–2500 MHz. The

EIRP limits for mobile BAS can be

generated using the maximum allowable

transmitter power currently specified in

the part 74 rules in conjunction with the

gain of commonly available antennas.

Our research suggests that typical

maximum antenna gain is

approximately 25 dBi in the 1990–2110

MHz and 2450–2500 MHz bands, and

the maximum transmitter power is 12

watts (10.8 dBW) in these bands; this

equates to an EIRP of 35.8 dBW.

Accounting for some line loss, we

propose to allow mobile operations to

transmit at a maximum EIRP of 35 dBW

in the 1990–2110 MHz and 2450–2500

MHz bands.

12. We also propose to adopt similar

EIRP limits for CARS in frequency

bands shared with part 74 and 101

operations to ensure that the anticipated

benefits of these proposals can be

enjoyed by all licensees in these bands.

Specifically, we propose to adopt an

EIRP limit of 35 dBW for mobile CARS

operations in the 1990–2110 MHz band,

identical to the proposal for TV BAS,

and maintain the 55 dBW EIRP (fixed)

and 45 dBW EIRP (mobile) limits for TV

BAS and CARS operations in the

12,700–13,250 MHz band. We note that

the part 101 rules for FS stations

operating in the 12,700–13,250 MHz

band only allow a maximum EIRP of 50

dBW. However, because BAS and CARS

stations transmit multichannel video

signals and FS stations do not, we

believe the additional power is

warranted to ensure reliable service.

Finally, we propose to grandfather at

their current power levels, existing

stations that may be transmitting at EIRP

levels above those proposed.

13. We seek comment on all aspects

of these proposals. In particular, we ask

commenters to address whether the

proposed EIRP values are appropriate

for BAS and CARS operations, and

whether they provide adequate power

28688 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

for BAS and CARS stations to transmit

over typical distances for various types

of applications. Are the power levels too

high as to cause difficulty in

coordinating operations in certain areas?

Would these proposals negatively

impact the flexibility of BAS and CARS

operations? Because digital signals

generally require less power than analog

signals, should we consider adopting

different power standards for digital and

analog equipment? If so, what should

those values be? Also, commenters

should address whether the EIRP for

part 101 users operating in the 12,700–

13,250 MHz band should be raised to 55

dBW.

14. Finally, we note that the

transmitter power rules in part 101

specify only EIRP values and do not

specify values for transmitter output

power. Should we similarly amend the

BAS rules to remove the specifications

for transmitter output power from the

rules? When considering this,

commenters should keep in mind that

FCC Form 601 does not collect output

power for TV and aural BAS

applications. Furthermore, for the

purpose of frequency coordination only

the EIRP is needed because it is a

measure of station presence and

transmitter output power is not.

Commenters should also address what

effect such action may have on the

equipment authorization process and

what changes to those processes may

need to be made.

Emission Masks

15. Emission masks serve to maximize

spectrum efficiency by permitting

reasonable and practical information

transfer within a channel and at the

same time limiting out of band

emissions to minimize adjacent channel

interference. Our rules contain a

number of emission masks tailored to

specific operations and channel sizes.

Although the same equipment is often

certified and used by licensees in

different services, our rules, in some

cases, allow each service to use a

different emission masks for the same

type of emission (e.g., FM, AM, etc.) in

the same frequency band.

16. We propose to make the emission

mask requirements for BAS consistent

with the emission mask requirements

for FS microwave services in part 101.

We believe that the part 101 emission

masks have proven effective for this

type of service and that imposing a

single set of standards across shared

frequency bands will simplify the

manufacturing and equipment

authorization processes. Additionally,

consistent rules will provide a level of

certainty to licensees regarding the

expected RF environment, minimize the

potential of harmful interference and

simplify the frequency coordination

process. Additionally, we propose to

grandfather existing equipment

authorized pursuant to current emission

masks. We seek comment on these

proposals.

TV BAS:

• For FM modulation in all TV BAS

frequency bands, to eliminate the FM

emission mask of § 74.637(a) and to

apply the FM emission mask of

§ 74.637(c)(1). The emission mask in

paragraph (c)(1) of § 74.637 would

provide equipment manufacturers more

flexibility in the design of equipment

because it permits the out-of-band

emissions to be attenuated at a slightly

slower rate. Such flexibility can be

gained without compromising the

interference potential of these

transmitters because we believe that the

specified attenuation is sufficient to

protect adjacent channel operations;

• For digital modulation in TV BAS

frequency bands above 15 GHz, to apply

the emission mask for digital

modulation in § 74.637(c)(2);

• For digital modulation in all TV

BAS frequency bands below 15 GHz, to

apply the emission mask for digital

modulation in § 101.111(a)(2)(i) of this

chapter;

• For vestigial sideband amplitude

modulation in all TV BAS frequency

bands, to apply the emission mask for

vestigial sideband amplitude

modulation in § 74.637(c)(3); and

• For all other types of modulation in

all TV BAS frequency bands, to apply

the emission mask of § 74.637(b).

Aural BAS:

• For FM modulation in all aural BAS

frequency bands, to eliminate the FM

emission mask of § 74.535(a) and to

apply the FM emission mask of

§ 74.535(e)(1). As with the choice of

emission mask for TV BAS, the

emission mask of paragraph (e)(1)

would provide equipment manufactures

more flexibility in equipment design

than the emission mask of paragraph (a)

of § 74.535;

• For digital modulation in aural BAS

frequency bands above 15 GHz, to apply

the emission mask for digital

modulation in § 74.535(e)(2);

• For digital modulation in aural BAS

frequency bands below 15 GHz, to apply

the emission mask for digital

modulation in § 101.111(a)(2)(i) of this

chapter; and

• For all other types of modulation in

all aural BAS frequency bands, to apply

the emission mask of § 74.535(b).

17. In trying to provide consistency

among the various rule parts, we are

also mindful of certain differences

between them, such as the type of

multiplexing employed, the type and

amount of data or program material

transmitted, and the method of

transmission. For example, BAS and

CARS are beginning to deploy digital

multichannel video systems which are

not used by FS users. Additionally,

these stations may use various

modulation schemes, such as OFDM or

COFDM and others. In light of these

developments, we seek comment on the

validity of our proposals to adopt the

Part 101 digital emission masks for BAS.

18. One of the main objectives of this

NPRM is to provide the necessary

regulatory framework to ensure that

digital equipment can be used in all

BAS frequency bands. It is likely that for

the foreseeable future many BAS

operations both above and below 15

GHz will continue to be analog.

However, as users upgrade equipment

and the transition to DTV continues,

more digital equipment will be

deployed. Given this situation, we ask

commenters to address whether the BAS

and FS should continue to have

different digital emission masks above

and below 15 GHz. We note that analog

BAS operations in shared bands above

15 GHz, e.g., the 17.7–19.7 GHz band,

are currently operating adjacent channel

to digital Part 101 equipment.

Additionally, we ask commenters to

address whether the current Part 101

emission masks are applicable to BAS

operation. Commenters that believe a

different emission mask should be

adopted should provide details on an

appropriate emission masks for digital

operation. What parameters need to be

considered? What type of roll-off is

appropriate to ensure sufficient

information transfer while providing

adequate protection to adjacent

channels? Also, we seek comment of

whether the same or different emission

masks should be applied to CARS and

FS stations.

19. We also propose to adopt a

standard measurement procedure for the

above proposed emission masks to

measure the emission’s interference

potential and ensure that the

instrumentation does not detrimentally

affect the measurement. Therefore, we

propose that the measuring

instrumentation for complying with the

emission masks use a minimum

resolution bandwidth of 100 kilohertz

for bands below 1 GHz and a resolution

bandwidth of 1 megahertz for bands

above 1 GHz. This proposal is consistent

with available measurement

instrumentation. Additionally, we note

that the current industry trend for

measuring digital emissions just outside

the channel is to use measuring

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28689

instrumentation having a minimum

resolution capability of 1% of the

bandwidth of the carrier emission. This

is evidenced by measurement

procedures and interpretations in our

rules (see, e.g., 47 CFR 15.321(d),

15.323(d) and 24.238(b)) for the licensed

Personal Communications Services

(PCS) and unlicensed PCS devices.

Should a similar measurement

procedure for emissions adjacent to the

channel be used for BAS? We seek

comment on our proposal, including

what procedures should be used. To

ensure consistency across frequency

bands shared with the FS microwave

service, should a similar measurement

requirement be adopted for part 101

emission masks? If we adopt similar

emission masks for the CARS, should a

similar measurement requirement be

adopted for part 78 emission masks?

20. With respect to compliance with

the emission mask requirements, an

additional issue that must be addressed

is equipment that multiplexes both

analog and digital signals for

transmission over a single channel.

Such operation complicates the

equipment certification process because

the emission masks are referenced to

either analog or digital modulation

techniques, but not both. In the FS, a

transmitter is considered to be using

digital modulation techniques, and must

meet those emission requirements,

when digital modulation occupies 50%

or more of the total peak frequency

deviation of a transmitted radio

frequency carrier. We believe this rule

has worked well for equipment in use

under part 101, and we propose to adopt

a similar requirement for the emission

masks for TV and aural BAS. We seek

comment on whether this is the best

method for ensuring compliance with

our emission mask rules when analog

and digital signals are multiplexed.

21. Finally, an issue related to the

characterization of analog/digital

multiplexed transmitters involves the

assignment of emission designators. In

many cases, this hybrid equipment uses

frequency division multiplexing and

transmits the analog and digital signals

side-by-side. When this technique is

used, the analog and digital signals are

transmitted on frequencies offset from

the assigned frequency. For example, a

hybrid transmitter with a 25 megahertz

bandwidth may have a 15 megahertz

analog signal centered on a frequency 5

megahertz above the assigned frequency

and a digital signal centered on a

frequency 7.5 megahertz below the

assigned frequency. SBE asks that these

transmitters be licensed using a dual

emission designator, rather than the

single designator used for conventional

FM video analog STLs. We note that the

ULS is not designed to recognize a dual

emission designator and is unable to

capture the information SBE requests.

ULS does, however, enable licensees to

obtain authorizations for both analog

and digital emissions by allowing

multiple emission designators to be

associated with an authorized

frequency. In this instance, though, the

emission designator would need to

depict the entire 25 megahertz

bandwidth for each type of emission.

We further note that the information

sought by SBE can be determined using

the transmitter manufacturer and model

number which ULS does collect. For

these reasons, we propose that hybrid

radios that multiplex analog and digital

signals continue to use a single emission

designator. We seek comment on this

proposal.

Automatic Transmit Power Control

22. Since 1996 when the Commission

amended its part 101 rules, Automatic

Transmit Power Control (ATPC) has

been used successfully in the FS

microwave bands. Because ATPC has

been beneficial to efficient spectrum use

in FS operations under part 101, we

propose to amend the part 74 rules to

state that TV BAS licensees may also

use ATPC. We see no reason why the

benefits of using ATPC should be

limited to the TV BAS, and thus we also

propose to modify §§ 74.534 and 78.101

of our rules to allow licensees of aural

BAS and CARS stations to use ATPC as

well.

Interference to Geostationary Satellites

23. Because the geostationary satellite

rules are subject to international

agreement, maintaining them in

multiple rule parts is cumbersome and

has led to varying requirements among

the rules in parts 74, 78, and 101

because they are not always updated at

the same time. To remedy this situation,

we propose to simplify the organization

of the geostationary satellite protection

rules by eliminating duplicative rule

sections and having them appear only

once. Therefore, we propose that the

technical rules for protecting

geostationary satellites from interference

from terrestrial systems be maintained

in part 101, and that parts 74 and 78

merely state that licensees must comply

with the geostationary satellites

protection rules contained in part 101.

This proposal will have the effect of

simplifying and streamlining our rules

by keeping the rules regarding a

common subject in one place, which

ensures consistent treatment of all our

licensees. Additionally, should these

rules need future updating due to

changes in the Radio Regulations or

changes in service allocations, only one

rule section will need to be amended.

We seek comment on this proposal.

Frequency Coordination

24. Currently, parts 74 and 78 of the

Commission’s rules for TV BAS and

CARS require that the frequency

coordination procedures of part 101 be

used for assignments in the 6425–6525

MHz and 17.7–19.7 GHz bands. The part

101 procedures generally require parties

to coordinate their planned spectrum

use with affected parties prior to filing

a license application. Additionally, the

TV BAS and CARS rules specify

identical interference protection criteria

for the 12,700–13,250 MHz band. Such

rules are necessary to promote spectrum

efficiency and to minimize the potential

for any system to cause harmful

interference to other systems in the

same frequency band. In the part 101

Order, 61 FR 26670, May 28, 1996, the

Commission amended its rules to

conform the frequency coordination

procedures for microwave systems to

the TIA industry standards and to apply

these standards to all bands.

25. As stated in the part 101 Order,

common procedures and standards will

simplify the rules and lead to economies

of scale in microwave equipment. Those

same benefits can also be enjoyed by

BAS and CARS. Thus, we propose to

require that all prospective applicants in

frequency bands above 1990 MHz for

TV BAS and CARS coordinate their

planned spectrum use prior to filing

applications, using the procedures of

§ 101.103(d). Further, in order that

applicants and licensees can easily

locate the coordination rules, we

propose to amend § 78.36 to mirror the

part 101 coordination rules. We seek

comment on this proposal and ask if we

should reference the part 101 rule

within part 78 rather than reproducing

it.

26. In addition to the efficiency

benefits stated above, uniform frequency

coordination requirements will simplify

the coordination of stations operating in

shared frequency bands and minimize

the potential of stations causing harmful

interference. We seek comment on our

proposal to require TV BAS and CARS

operations to prior coordinate their

stations using the part 101 procedures.

In considering this proposal,

commenters should address whether a

frequency coordination requirement

should be imposed uniformly across the

United States or should it only apply to

the most heavily congested markets. If

frequency coordination should only

apply in certain markets, commenters

should state which markets are

28690 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

appropriate and the factors used in

making that determination.

27. Additionally, we note that

coordination rules are not specified for

aural BAS stations. Recognizing that

thousands of aural BAS stations are in

use serving AM and FM radio stations

across the United States, we seek

comment on whether the lack of

coordination requirements for this

service has led to interference

situations. Should the Commission

require aural BAS stations operating

above 944 MHz to also adhere to the

procedures of § 101.103(d)?

Frequency Tolerance

28. Frequency tolerance is the

maximum permissible deviation of the

center frequency of an emission from its

assigned frequency. To streamline our

rules further and to offer manufacturers

common technical standards for

equipment, we propose to amend the

frequency tolerance rules for TV BAS.

Specifically, consistent with the

proposal made in the part 101 NPRM,

65 FR 38333, June 20, 2000, we propose

to eliminate separate frequency

tolerance requirements for base and

mobile operations. Additionally, we

note that the current TV BAS frequency

tolerance rules do not specify a limit for

the 2450–2483.5 MHz band. To remedy

this situation, we propose to adopt a

frequency tolerance of 0.001% for fixed

and mobile TV BAS equipment

operating in the 2450–2483.5 MHz

band. This proposal is consistent with

the frequency tolerance allowed in Part

101 for FS this band. Finally, we

propose to grandfather existing

authorized equipment at their current

frequency tolerance. We seek comment

on this proposal.

Use of the 13.150–13.2125 GHz Band by

BAS and CARS Pickup Stations

29. Recently, in ET Docket No. 98–

206, the Commission allocated NonGeostationary Fixed Satellite Service

(NGSO FSS) uplinks on a co-primary

basis in the 12.75–13.25 GHz band.

However, the NGSO FSS systems were

excluded from operating in the 13.15–

13.2125 GHz band (channels A19, A20,

B19 and B20). The 13.15–13.20 GHz

portion of that band is currently used by

TV BAS and CARS Pickup Stations

within 50 kilometers of the top 100

television markets and by fixed TV

auxiliary stations in all other areas. In

the NGSO Order, 66 FR 7607, January

24, 2001, the Commission expanded

these exclusions in favor of TV BAS and

CARS to include frequencies up to

13.2125 GHz and to extend to the entire

United States. The Commission took

this action with the expectation that

BAS and CARS mobile operations will

concentrate their mobile use on those

four channels. Based on the action taken

in the NGSO Order, we propose to

update § 74.602(a) Note 2 to reflect these

changes. Further, we propose to

grandfather all fixed stations that were

licensed in the 13.15–13.2125 MHz

band prior to the effective date of the

rules in the NGSO Order. We seek

comment on this proposal.

Use of the 31.0–31.3 GHz and 38.6–40.0

GHz Bands by the BAS and CARS

30. In 1997, the Commission

reallocated the 31.0–31.3 GHz band to

the Local Multipoint Distribution

Service. Consequently, BAS and CARS

are no longer authorized to obtain new

assignments in that band, and a search

of our database reveals that there are not

any currently active authorizations for

BAS or CARS in that band. In this

connection, we note that the frequency

assignment rules in 47 CFR 74.502 for

aural BAS, 74.602 for TV BAS, and

78.18 for CARS no longer reference the

31.0–31.3 GHz band. However, many of

the technical rules continue to mention

this band. Therefore, we propose to

eliminate references to technical

parameters for the 31.0–31.3 GHz band

that currently exist in the aural BAS, TV

BAS and CARS rules.

31. Similar to the 31.0–31.3 GHz

band, the Commission, in 1997, adopted

rules and procedures to assign the 38.6–

40.0 GHz band by competitive bidding.

This band had been available for

assignment to mobile BAS and CARS

licenses without bandwidth limitation

and on a secondary basis to fixed

stations. In addition to the new

assignment procedures, the Wireless

Telecommunications Bureau (WTB),

pursuant to delegated authority,

adopted a Freeze Order, 61 FR 8062,

March 1, 1996, announcing that the

Commission would no longer accept for

filing any new applications for 39 GHz

licenses in the Common Carrier or

Operational Fixed Point-to-Point Radio

Services. In May 2000, the Commission

assigned 2,173 licenses in 175 Economic

Areas by competitive bidding in this

band. Because the band has been

auctioned and consistent with the

Freeze Order, no new assignments can

be made for BAS or CARS licenses in

the 38.6–40.0 GHz band. Accordingly,

we propose to remove all references to

the 38.6–40.0 GHz bands from the BAS

and CARS rules. As a final matter we

note that there are 16 incumbent

Television Pickup BAS and no CARS

licensees operating in this band. The

BAS licensees may continue to operate

under the parameters of their current

licenses and to renew them in the

future. We seek comment on this

proposal.

Additional Rule Consolidation

32. We make various proposals which

conform rules among parts 74, 78, and

101. In general, for service specific

rules, such as maximum EIRP for short

path lengths and transmitter power, we

keep those rules with each rule part.

However, for rules that affect each of the

services sharing spectrum, our

preference is to list that rule only in one

location and cross reference the other

rule parts to that single listing. For

example, we propose that the rules

regarding interference to geostationary

satellites be listed only in part 101 and

cross referenced from parts 74 and 78.

When several services are subject to the

same requirements, having that

requirement in only one location

ensures consistent treatment of all our

licensees and simplifies the update

process if any of these procedures

should change. We seek comment on

whether there are additional instances

in which the rules can be consolidated

and cross referenced.

BAS Service Rules (Part 74)

Temporary Conditional Authority

33. To complement the above

proposal that aural and TV BAS stations

coordinate their applications prior to

filing, we propose to allow applicants

who apply for new or modified stations

to operate under temporary conditional

authority after an application has been

properly filed with the Commission.

Our experience regarding temporary

conditional operation in parts 90 and

101 has shown it to be a useful tool

which enables applicants to begin

providing service in a timely manner

without having to wait for the

Commission to finish processing their

applications. This proposal, however, is

contingent on our proposal to require

prior frequency coordination of the

requested operations. By relying on the

coordination process, the Commission

can be assured that BAS operations will

not cause harmful interference to

existing stations.

34. In addition to requiring prior

coordination, we propose to make

temporary conditional authority subject

to the following conditions:

• The applicant must be eligible to

operate the particular class of broadcast

auxiliary station.

• The station must be operating in

conformance with the rules for that

particular class of station and in

accordance with the terms of the

frequency coordination.

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28691

• The application does not propose

operation in an area that requires

international coordination.

• The application does not request a

waiver of the Commission’s rules.

• The proposed station will not

significantly affect the environment as

defined in part 1, subpart I of the

Commission’s rules.

• The antenna structure either has a

FCC Registration Number or is

determined to not need one.

• The proposed station affords

protection to radio ‘‘quiet’’ zones and

monitoring stations.

35. We also propose to allow

temporary conditional authority for low

power auxiliary stations authorized

under part 74, subpart H. Although

these stations do not require prior

coordination and we are not proposing

to add such a requirement, we believe

that they can operate under this

authority without harming existing

operations due to the restriction that

they limit their power to 1 watt output

power.

36. We propose to remove 47 CFR

74.431(g) and adopt a new rule section,

47 CFR 74.25, to allow temporary

conditional authorizations for all

broadcast auxiliary services. We seek

comment on these proposals.

Short-Term Operation

37. Section 47 CFR 74.24 provides

broadcast licensees regulated under part

73 of our rules (i.e., AM, FM, and TV

broadcast stations, including Class A

stations) with the authority to operate a

broadcast auxiliary station on a shortterm basis, for up to 720 hours per year,

without prior authorization from the

Commission. This rule provides

broadcasters with flexibility to respond

to short term situations such as a

newsworthy event outside of a station’s

normal operating area, without coming

to the Commission with requests for

special temporary authority (STA). We

note that this rule does not afford the

same flexibility to broadcast network

entities, cable network entities, or Low

Power Television Stations (LPTV), even

though these entities are eligible to hold

BAS licenses. Because we believe that

broadcast and cable network entities

and LPTV stations would benefit from

the short-term operation rule and such

use would provide equity under our

rules for all entities eligible for a BAS

license, we propose to expand the

eligibility of this rule.

38. As noted, there is a notification

requirement with which licensees must

comply prior to operating under the

short-term operation rule. This

notification requirement, however, does

not apply when ‘‘* * * an

unanticipated need for immediate shortterm mobile station operation would

render compliance with the provisions

of this paragraph impractical.’’ For

example, a station may wish to send a

news crew to report on a natural

disaster that occurs outside of its service

area, which by its nature is not a

planned event. On the other hand,

stations may wish to report from a

convention or sporting event or other

planned events. In these instances, it is

not acceptable to bypass the notification

requirement. Because these are

scheduled events, stations should have

ample time to provide the necessary

notification prior to the event.

Accordingly, we propose to clarify that

entities may not invoke the notification

exception for scheduled events.

39. The Commission often designates

a coordinator as the single point of

contact for advance coordination of

auxiliary broadcast frequency usage for

major national and international level

scheduled news events. In the past,

groups would petition the Commission

prior to a major event and volunteer to

act as the special event coordinator. The

Commission has taken this action based

on concern that uncoordinated use of

auxiliary broadcast stations on a

temporary basis might result in

spectrum congestion and excessive

interference causing less complete

broadcast coverage. Currently, the rules

do not contain a procedure for

designating a coordinator for short-term

operations. To remedy this deficiency,

we propose that procedures to designate

a coordinator for short-term operations

be placed in the rules. Specifically, the

Commission will not, on its own,

designate a special events coordinator.

Such designation will continue to be

bestowed on an entity only after the

Commission receives a request to

designate a coordinator. The

Commission will issue a Public Notice

to inform the broadcast industry that

such a designation has been made.

Typically, these Public Notices have

been issued at least three months prior

to an event, with many occurring up to

a year prior. Once an organization

receives such designation, coordination

must be done on a non-discriminatory

basis. Entities must abide by the

decision of the coordinator. However, if

a disagreement arises, the Commission

will be the final arbiter of any dispute.

We seek comment on this proposal.

40. We also seek comment on the

current limitation of 720 hours per year

per frequency for short-term operations.

Based on the way event coverage has

changed over time, is this limit still

appropriate? Should it be increased or

decreased? Additionally, we note that

there is no requirement for stations to

log or report their short-term use under

this section, and thus there is no way to

track operation under this rule and

verify compliance. Should we require

stations to keep a log of their short term

use in their station records, or

alternatively, should we eliminate the

720 hour limit? We seek comment on

this and all aspects of our proposals

regarding the short-term operation rule.

Use of UHF–TV Channels for TV STLs

and TV Relay Stations

41. Under 47 CFR 74.602(h), TV STLs

and TV relay stations may be

authorized, on a secondary basis, to

operate on spectrum allocated for UHF–

TV stations. In addition to being

secondary to full power UHF–TV and

Class A TV stations, these stations are

also secondary to LPTV stations and

translator stations, and to land mobile

stations authorized under parts 22 and

90 of the rules in areas where land

mobile sharing is currently permitted.

Also, because transmissions by TV STL

and relay stations are not necessarily

used by licensees to transmit

information for broadcast over the air,

their signals are not intended for

reception by the general public. To meet

these obligations, licensees generally

employ a narrow-beam point-to-point

signal. The rules, however, do not

contain any guidelines regarding

acceptable power limits or antenna

specifications for these stations. Instead,

the Commission has developed policies

to determine compliance of these

stations with the rules. Specifically,

applicants that request output power

greater than 20 watts or a transmitting

antenna with a 3 dB beamwidth greater

than 25 degrees are asked to submit an

engineering analysis to demonstrate

why the higher output power or wider

beamwidth is necessary. Because the

Commission is increasingly relying on

automated processing, as evidenced by

the ULS, we believe that it would be

beneficial to codify operational

parameters for these stations so that

prospective applicants have as much

information as possible to assist them.

We believe that this will shorten the

application process by minimizing the

number of applications that need to be

returned due to failure to submit an

engineering analysis if the stated

specifications are exceeded. We believe

that an appropriate trigger for requiring

an engineering analysis is an EIRP for

the proposed system of 35 dBW. We

expect that allowing licensees to use

EIRPs up to 35 dBW without submitting

an engineering analysis will provide

licensees with flexibility to choose

optimal power and antennas for their

28692 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

systems while meeting the requirements

of transmitting on a non-interference

basis and propose to adopt this limit in

our rules.

42. We believe that our current policy,

which limits the antenna to a 3 dB

beamwidth of 25 degrees or less has

served both users and those they are

required to protect. The Commission

also has generally requested operators of

these stations to transmit using vertical

polarization, rather than the standard

horizontal polarization that is employed

for TV transmissions. The Commission

implemented this policy to safeguard

STL and relay station transmission from

reception by the public. We believe that

these criteria also should be codified in

the rules. Accordingly, we propose to

modify 47 CFR 74.602(h) of the rules to

require applicants for TV STLs or TV

relay stations to comply with the three

technical parameters described above or

to submit an engineering analysis

explaining why higher power, a wider

antenna, or a different polarization is

needed.

43. In addition, we note that the

Commission regularly licenses TV

translator relay stations on UHF–TV

channels. Therefore, to make the rules

consistent with current licensing policy,

we propose to explicitly state in 47 CFR

74.602(h) that these stations may be

authorized to operate on UHF–TV

channels on a secondary basis, subject

to the same guidelines described above.

We seek comment on this proposal.

44. Finally, the current rules in 47

CFR 74.602(h) authorize the secondary

point-to-point use of TV STL and TV

relay stations on UHF–TV channels 14–

69. We note that the Balanced Budget

Act of 1997 directed the Commission to

auction recaptured television broadcast

spectrum and to allocate spectrum in

the 746–806 MHz band (UHF–TV

channels 60–69) for public safety

services and for commercial use. The

Commission has already implemented

the reallocation of the 746–806 MHz

band and intends to reallocate the 698–

746 MHz band (UHF–TV channels 52–

59) in the future. In light of the

reallocation of the UHF–TV channels

above channel 51, we propose to limit

future secondary point-to-point use of

TV STL and TV relay stations to UHF–

TV channels 14–51. We further propose

to grandfather existing stations that

operate on the UHF–TV channels above

channel 51. We seek comment on this

proposal.

TV BAS Sound Channels

45. 47 CFR 74.603 of the

Commission’s rules provides authority

for TV BAS stations to use an aural

broadcast STL or intercity relay station

licensed under the aural BAS rules to

transmit the aural portion of a television

broadcast program. This use is on a

secondary non-interference basis to

programming of aural broadcast

stations. It is our understanding that the

current practice within the industry is

to use multiplexing techniques, rather

than separate sound channels, to

transmit the aural portion of their

programming along with the video

portion over a single TV BAS channel.

Therefore, we believe that 47 CFR

74.603 is no longer necessary, and we

propose to eliminate it. Additionally,

we propose to eliminate the

corresponding provision of 47 CFR

74.502(b) that provides TV BAS

licensees’ authorization to use the aural

BAS channels. If we eliminate these

provisions as proposed, we seek

comment on whether the aural BAS

rules need to be modified to specify that

aural BAS stations are for the

transmission of aural program material

of an aural broadcast station in all

places where the rules simply refer to a

broadcast station.

46. We seek comment on whether we

should delete 47 CFR 74.603(c), which

provides grandfathering rights so that

TV BAS stations could continue

operating aural STL or intercity relay

stations that were in service prior to July

10, 1970. That rule states that such

grandfathering could continue until the

Commission makes a decision on their

disposition through a rule making

proceeding. In particular, we seek

comment on whether any stations

continue to maintain and operate

separate stations for aural and video

content and where such use occurs.

This proposal might particularly affect

stations in smaller markets where there

are fewer AM or FM radio stations.

Remote Pickup Broadcast Auxiliary

Frequency Assignment

47. In 1984, the Commission wrote a

comprehensive revision of the rules for

remote pickup frequency assignments,

which split the channels in the 150

MHz, 160 MHz and 450 MHz bands into

5 kilohertz channels that could be

‘‘stacked’’ to create channels of various

sizes. Thus, licensees could continue

operating their equipment under

existing licenses and new licensees, and

existing licensees seeking to update

their systems could make use of newer

narrowband technology. The Report and

Order, 49 FR 45155, November 15, 1984,

however, stated that an effective date for

these rules would be specified in a

future Order. To date, the Commission

has not taken such action. The rules

written in 1984 were intended to

provide licensees more freedom to

choose and implement new

technologies in their effort to make the

most efficient use of the spectrum.

Because many technical and regulatory

changes have occurred since 1984, we

propose to amend the rules adopted in

1984, to ensure that this objective will

be achieved.

48. The channel plan in place prior to

the 1984 revision provided 60 kHz

channel spacing in the 150 MHz (Group

K1 channels) and 160 MHz (Group K2

channels) VHF bands and various

channel spacings (from 10 kHz to 100

kHz) in the 450 MHz UHF band.

49. Since 1984, significant advances

have been achieved in the development

of narrowband radios, such as the

maturation of digital modulation

techniques, improved coding processes,

and development of more stable

oscillators. In 1995, based on advances

such as these, the Commission adopted

a narrowband channel plan for the 150–

174 MHz and 450–512 MHz bands used

by part 90 Private Land Mobile Radio

Service (PLMRS) licensees. In that

decision, the Commission adopted a

channel plan in which channels were

spaced every 7.5 kilohertz in the 150

MHz band and every 6.25 kilohertz in

the 450 MHz band. Under certain

circumstances, these channels could be

stacked to allow the use of 6.25, 12.5 or

25 kilohertz equipment.

50. Because many of the 150 MHz and

160 MHz Remote Pickup channels are

shared with the part 90 Industrial/

Business Pool, we believe that it would

be beneficial for both services to share

a common channel plan. These benefits

include more predictable adjacent

channel performance, easier

coordination procedures, and

economies of scale for equipment.

Under the 1984 rules, however, these

benefits would not be realized if Remote

Pickup licensees modify their operating

frequencies to correspond to channel

centers based on 5 kilohertz spacing. A

shift to 5 kHz spacing for BAS would

create an operating environment in

which parts 74 and 90 licensees are

operating co-channel offset by 2.5

kilohertz or by 5 kilohertz. In many

cases there would be significant overlap

of RF energy between adjacent channels

which could degrade the performance of

user’s systems as other nearby users

attempt to transmit on closely spaced

adjacent channels. In addition to the

increase in potential interference, these

conflicting channel plans would

complicate the frequency coordination

process. Consequently, we propose to

amend the frequency assignment rules

for the 150 MHz and 160 MHz bands in

47 CFR 74.402 to be consistent with the

channel plan in effect in part 90 (i.e., 7.5

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28693

kilohertz channel spacing).

Additionally, we propose to allow

licensees to stack up to 4 channels to

operate on channels as wide as 30

kilohertz. We believe that implementing

this channel plan suits Remote Pickup

BAS operators as it does PLMRS

providers, and it will benefit users by

allowing for common equipment to be

used for both parts 74 and 90 licensees.

Remote Pickup Service licensees would

be able to take advantage of further

advancements in land mobile radio

technology as it is developed and

brought to market. We believe that the

vast majority of licensees in the 150

MHz and 160 MHz bands can be

accommodated by the proposed channel

plan without having to change their

equipment. There are only 7 remote

pickup licensees in the 150 MHz band

and 25 in the 160 MHz band that have

begun operating using the 1984 channel

plan. Only these licensees would need

to transition to the proposed plan.

51. We also propose to modify the

1984 channel plan for the Group N1 and

N2 450 MHz Remote Pickup channels.

In this case, we propose to standardize

the remote pickup channel plan with

the part 90 channel plan by listing

channels 6.25 kilohertz apart and

allowing licensees to stack up to 8

channels (50 kilohertz). Although part

74 licensees do not share this band with

part 90 licensees, by aligning to the part

90 channel plan, BAS licensees in this

band will reap the same benefits as

those expected for the VHF band. Under

our proposal, a transition to the

proposed plan would be needed only for

those licensees who implemented the

1984 plan.

52. To accommodate all licensees who

are operating in compliance with the

1984 channel plan, we propose to give

them three years from the date a new

channel plan is adopted by the

Commission to modify their equipment

and comply with the new plan. We

believe that this provides licensees

adequate time to either retune or replace

equipment. However, because the

number of licensees affected by our

proposals is small, we propose to

provide them the option to continue

operating using the 1984 channel plan

after the three year transition period

ends, but only on a secondary, noninterference basis. We believe that this

course of action will minimize

disruption to existing remote pickup

BAS systems. Finally, we note that this

proposal is consistent with the

treatment of part 90 licensees that were

operating on 5 kHz channels in the VHF

band prior to the Refarming proceeding.

53. The Group P channels are limited

to operational communications,

including tones for signaling and for

remote control and automatic

transmission system control and

telemetry. Because there are only eight

Group P channels (four at each end of

the band) and they are limited to this

specialized use, we are not inclined, at

this point, to alter them. However, in

light of the technological advances in

radio cited above, we are not convinced

that the Group R and Group S wide

bandwidth channels are still needed.

Although we are not making specific

proposals for these three groups of

channels, we seek comment on the

extent to which these channels are being

used. Should their current bandwidth

designations be maintained or should

they also be aligned with the 6.25

kilohertz channel plan?

54. Because Remote Pickup Service

licensees will benefit most by having

the capability to choose from a wide

variety of radios, and in accordance

with our proposal to standardize the

Remote Pickup channels with those

listed in part 90, we believe that this

service should adhere to the technical

standards of part 90. In this way, part 74

licensees could choose from among the

wide variety of radios available for

PLMRS licensees. Accordingly, for

equipment designed to operate on

channels with bandwidths of 30

kilohertz or less in the VHF and UHF

Remote Pickup Service bands, we

propose that the equipment comply

with the part 90 technical rules for the

emission mask and frequency stability.

Additionally, we ask commenters to

address whether the transient frequency

behavior rules in 47 CFR 90.214 would

be appropriate to impose on remote

pickup service transmitters.

Federal Narrowbanding of 162–174 MHz

Band Land Mobile Frequencies

55. The Interdepartment Radio

Advisory Committee (IRAC) has been

working for the last several years on

narrowbanding Federal Government

operations in a number of frequency

bands. Based on the work of the IRAC,

the National Telecommunications and

Information Administration (NTIA) has

published the final policy in the Manual

of Regulations and Procedures for

Federal Frequency Management. We

note that one of the frequency bands

subject to narrowbanding is the 162–174

MHz band, and that the Remote Pickup

BAS may share, on a secondary basis,

two frequencies—166.25 MHz and

170.15 MHz—in this band with Federal

Government users. Under 47 CFR 2.106,

Note US11, remote pickup stations may

use these frequencies except within 150

miles of New York City where they are

reserved for use by public safety users,

in Alaska, or in the Tennessee Valley

Authority area. We also note that these

frequencies are used in some areas by

fixed stations in the Emergency Alert

System (EAS) to relay information to

local stations for dissemination to the

public. It has been the policy of NTIA

and the FCC to protect these EAS

stations from potential harmful

interference.

56. Under the narrowbanding policies

adopted by NTIA, all new Federal

Government systems after January 1,

1995, and all Federal Government

systems after January 1, 2005, in the

162–174 MHz band must be capable of

operating within a 12.5 kHz channel.

The current Commission rules provide

for operations on channels up to 25

kilohertz wide. In order to ensure

continued successful sharing of the

spectrum with Federal Government

users, we propose to require that

Remote Pickup BAS use of the 166.25

MHz and 170.15 MHz frequencies be in

accordance with the same 12.5 kHz

channel size and meet the January 1,

2005 implementation schedule

applicable for all Federal Government

users. Notwithstanding the need for new

equipment, what are the advantages

and/or disadvantages to implementing

this proposal? For example, migrating to

the narrow channels may improve

adjacent channel performance, but will

it harm the quality of the information

being transmitted? Additionally, we

propose to formally acknowledge the

protected status of non-Federal

Government stations operating on these

frequencies that are used as an integral

part of the EAS. These proposals

encompass a revision of § 2.106,

footnote US11 and a change in § 74.462

of our rules. We seek comment on these

proposals.

Universal Licensing System and BAS

57. ULS is an automated licensing

system and integrated database designed

to infuse greater efficiency into the

licensing process by using a

consolidated set of application forms,

automating many license review

processes, and facilitating electronic

application filing and data retrieval. The

Wireless Telecommunications Bureau

began using ULS for Aural and TV BAS

licensing on August 30, 1999 and for

Remote Pickup BAS on September 19,

2000. Due to this transition, many BAS

service rules require updating to reflect

ULS application processing procedures.

Many of these changes are ministerial in

nature, such as updating application

form numbers. In some cases, more

substantive rule changes are necessary

and merit additional discussion. These

proposals are discussed further.

28694 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

General Application Procedures

58. One of the main changes

promulgated by the ULS Report and

Order, 63 FR 68904, December 14, 1998,

was to consolidate the application and

processing rules for all wireless services

into a single subpart in part 1 of the

Commission’s rules. Subpart F of part 1

is now the sole section of rules that

wireless applicants and licensees,

including BAS applicants and licensees,

consult regarding the handling of

various application procedures. To

make clear that the BAS adheres to the

rules laid out in part 1, Subpart F, we

propose amending 47 CFR 1.901 and

1.902 to add the appropriate references

to part 74. Similarly, we propose to add

a new section, 47 CFR 74.6, to reference

BAS applicants and licensees to the

application and processing rules in part

1, Subpart F.

Construction Period for BAS Stations

59. Under the part 1, Subpart F rules,

the Commission issues a license which

specifies the construction period set

forth in the rule part governing the

specific service. Licensees are to notify

the Commission when operations

commence, and licensees that fail to

commence operations within the

required construction period

automatically forfeit their license.

Stations operating under the broadcast

auxiliary rules are subject to the

construction requirements specified in

47 CFR 73.3598, which provide three

years to construct stations from the date

a construction permit is issued.

However, a two step license mechanism

of issuing a construction permit and a

license subsequent to construction is

not used for wireless services. Instead,

the current practice is to issue a TV or

aural BAS license with a requirement to

construct a station within 18 months

and a remote pickup BAS license with

a requirement to construct a station

within 12 months. We propose to

amend 47 CFR 73.3598 and related rules

in part 73 to remove references to

broadcast auxiliary stations and to

create a new § 74.34 to specify rules for

the construction of BAS stations.

60. Accordingly, we propose to

modify the rules to codify current

Commission practice. We propose to

modify the construction period for

remote pickup BAS to 12 months; the

same period allowed for PLMR stations

authorized under part 90. Also, we

propose to modify the construction

period for TV and aural BAS stations to

18 months. We believe that fixed aural

and TV BAS stations are similar to fixed

microwave stations, which are

authorized under part 101 and have an

18 month construction period. We seek

comment on this proposal, including

alternative time periods for constructing

BAS stations.

Special Temporary Authority

61. Under the rules in part 74, BAS

licensees may apply for an STA by

informal application, which has

generally been interpreted to mean by

letter request. In the ULS Report and

Order, the Commission adopted rules

that eliminate letter requests for all

purposes where a form can be used. In

implementing this policy, the

Commission stated that this will,

‘‘reduce applicant and licensee burdens,

increase efficiency and better serve the

public interest.’’ In keeping with this

policy and the stated benefits, we

propose to amend the part 74 rules for

BAS to require that STA requests follow

the procedures outlined in 47 CFR 1.931

of the Commission’s rules. We note that

when an immediate STA is needed

during times of emergency or natural

disaster, requests can be made via

telephone or facsimile and such

requests can be granted orally. In these

situations, STA recipients are required

under the rules to follow up with a

formal application as soon as feasibly

possible. We seek comment on this

proposal.

Classification of Filings as Major or

Minor

62. In the ULS Report and Order, the

Commission adopted rules to define

certain actions as major changes for all

wireless services. Additionally, the

Commission adopted rules which define

major changes for each service category.

Minor changes are defined as all

changes that are not major. These

designations when used in conjunction

with other adopted rule amendments

assist the Commission in streamlining

the licensing process. As an example,

§ 1.947(b) allows applicants to make

minor modifications to their stations

without prior Commission approval so

long as they file an application form

within thirty days of making such a

modification. ULS, programmed with

logic that can automatically determine if

an application for modification is major

or minor, can then process these

applications without the need for prior

intervention by Commission staff.

Applicants get their applications

processed faster, and Commission staff

is freed up to concentrate on other tasks.

63. Accordingly, we propose to

amend the part 74 rules in accordance

with the procedures already adopted in

the ULS proceeding for major and minor

amendments and modifications.

Specifically, amendments to aural and

TV BAS applications and modifications

to aural and TV BAS licenses would be

evaluated based on the rules defining a

major change in 47 CFR 1.929(a) and (d)

and remote pickup BAS applications

would adhere to the rules set forth in 47

CFR 1.929(a) and (c)(4). In many cases,

the rules adopted in the ULS Report and

Order provide more flexibility than the

current part 74 rules afford BAS

licensees. The proposal described

herein would implement rule changes

that treat BAS applicants in a consistent

manner with the treatment given other

wireless services. We seek comment on

all aspects of this proposal.

Emission Designators

64. 47 CFR 74.462 of the

Commission’s rules specifies authorized

emissions for remote pickup BAS

frequencies and frequency bands. We

note that this section contains emission

designators that no longer conform to

current International

Telecommunication Union (ITU)

specifications or to those contained in

subpart C of part 2 of the Commission’s

rules. Accordingly, we propose to

update § 74.462 to replace all outdated

emission designators with emission

designators that conform to ITU

specifications and part 2 rules. We seek

comment on this proposal.

AMPTP Petition

65. AMPTP has petitioned the

Commission to allow the use of wireless

assist video devices (WAVDs) on a

secondary, non-interference basis on

unused TV channels in the upper VHF

and the UHF bands. Video assist devices

produce low resolution images that can

be used by members of a production

crew to make decisions with respect to

content, lighting, and image framing.

Proposals

66. We believe that there is a

sufficient basis for proposing rules to

allow motion picture and TV producers

to use WAVDs under certain conditions

designed to minimize the interference

risk to users of the band. This would be

an appropriate expansion of the

capabilities they are currently provided

in part 74 of our rules, and provides

them with the same capabilities as other

part 74 licensees who can so operate

under other existing rule sections.

However, we are concerned that

expanding the use of WAVDs not

increase the interference risk to current

or future authorized spectrum users. As

noted, several commenters stated that

the use of WAVDs would proliferate and

be used by unauthorized users in a

similar fashion to our experience with

wireless microphones. We believe that

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28695

there are significant differences between

the cost of wireless microphones and

WAVDs that will limit the use of these

devices. Further, we do not believe that

WAVDs are widely available. We

request specific comments regarding the

costs of WAVDs and whether these costs

will limit their use. We also seek

comment on the availability of these

devices. Are they widely available to the

general public? Additionally, we request

comments on how the FCC can restrict

the use of WAVDs by authorized users.

67. It appears that WAVDs cannot be

easily accommodated in or are not

suitable to other bands. In addition, we

believe that these devices would be

beneficial in keeping film and TV

production costs down and allowing

needed mobility and increased safety

during filming. Therefore, we propose to

amend the Commission’s rules in part

74 to authorize motion picture and TV

producers as well as TV BAS license

holders to use VHF-TV and UHF-TV

spectrum for WAVDs under conditions

as set forth below. We propose to add

the rules for these devices in a new 47

CFR 74.870 in part 74, subpart H, Low

Power Auxiliary Stations. WAVDs

would be subject to complying with all

rules in subpart H, except where such

requirements differ from those

described below.

Eligibility, Status, and Licensing

68. We propose that motion picture

and television producers, as defined in

47 CFR 74.801, be eligible to operate

WAVDs. These entities are currently

eligible to hold Low Power Auxiliary

Station licenses. Our proposal,

therefore, would extend to all entities

eligible to hold a part 74 license, the

opportunity to use WAVDs. We also

propose to limit the use of WAVDs to

production facilities or locations for use

in producing material being filmed or

taped for later showing on television

broadcast stations. Thus, WAVDs could

not be used for ENG operations or to

assist with the production of live events.

Additionally, we propose that WAVDs

be excluded from operating under the

rules for short-term operation used by

other part 74 licensees. These

restrictions are intended to minimize

the possibility for interference similar to

what parts 73 and 74 licensees have

experienced from other co-channel

operations in the vicinity of their

operations, such as TV BAS and

wireless microphones.

69. To further reduce the interference

potential of these devices, we propose

that WAVDs be authorized on a noninterference basis. Thus, WAVDs could

not cause harmful interference to any

existing or future allocated services

operating in accordance with the Table

of Allocations in part 2 of the

Commission’s rules, and WAVD users

would be responsible for correcting any

instance of harmful interference using

any means necessary, up to and

including shutting down the

transmitter. We do not, however,

propose to change the existing

allocation of this spectrum for the

broadcasting service (and land mobile in

the 470–512 MHz band). This proposal

is consistent with the treatment of

wireless microphones operating on the

same spectrum.

70. We propose to require that WAVD

users obtain a license from the

Commission prior to operation.

Specifically, we propose that applicants

use FCC Form 601 to apply for an

WAVD license. As with wireless

microphones, applicants would file FCC

Form 601 Main Form and Schedule H—

Technical Data Schedule for the Private

Land Mobile and Land Mobile

Broadcast Auxiliary Radio Services

(parts 90 and 74). We propose that,

similar to other BAS licensees, the

license term for a WAVD license be

concurrent with the normal licensing

period for TV broadcast stations located

in the same area of operation. A WAVD

licensee would not be geographically

limited, subject only to the channel

separation rules we would adopt. These

licenses are normally issued for a period

of eight years with the expiration date

determined by the area of the country in

which the station operates. For

applicants that propose to operate at

various sites either regionally or

nationally, the license period would be

determined by the location of the

applicant as indicated on FCC Form

601. Further, we propose that a WAVD

licensee be authorized to use any

authorized frequency and to operate on

as many frequencies simultaneously as

necessary, subject to the limitations and

the notification requirements described

below. Finally, because of the limited

eligibility we propose for WAVDs and

the nature of their use, we propose that

WAVD licenses be non-assignable and

non-transferable. We request comment

on all aspects of these proposals

concerning eligibility, status and

licensing.

Authorized Frequencies

71. We propose to allow WAVDs to

operate on unused television broadcast

frequencies, subject to certain

conditions. Specifically, we propose

that WAVDs be authorized to use the

180–210 MHz band (corresponding to

VHF–TV channels 8–12) and the 470–

608 MHz and 614–698 MHz bands

(corresponding to UHF–TV channels

14–36 and 38–51). We believe that

WAVDs can effectively operate on this

spectrum on a non-interference basis.

72. We are not proposing to allow

WAVDs in the 174–180 MHz and 210–

216 MHz bands (TV channels 7 and 13)

because these bands are adjacent to

bands which accommodate the Low

Power Radio Service (LPRS), which

supports auditory assistance devices

and health care aids that operate

pursuant to 47 CFR 90.265 of our rules.

Because there are a large number of

channels available, these restrictions

should not impair the utility of this new

service. We note that the nomadic

nature of LPRS and WAVD operations

could make it difficult to prevent

interference between these services. In

addition, by not allowing WAVDs to

operate on these channels, we also

would protect from interference the

Navy’s SPASUR radar system, which

operates in the 216.88–217.08 MHz

band.

73. We propose to specifically

exclude WAVDs from using land mobile

radio channels, in the 470–512 MHz

band (TV channels 14–20) in cities

where such use is authorized by the

rules. Additionally, we propose to

restrict the use of WAVDs on channels

adjacent to public safety channels in

those cities. Therefore, all TV channels

listed in 47 CFR 90.303 of our rules will

be excluded from WAVD use at the

locations listed in that rule. In addition,

we propose that 482–488 MHz (TV

channel 16), which New York City

public safety users are using under a

waiver, also be excluded from WAVD

usage in that area. Another exclusion we

propose is 476–494 MHz (TV channels

15–17) in the Gulf of Mexico, which is

used by the Private Land Mobile Radio

Service and for communication links in

the Offshore Radiotelephone Service

(ORS) under part 22 of our rules.

Finally, we propose to exclude 488–494

MHz (TV channel 17) in Hawaii, which

is used for common carrier control and

repeater stations for point-to-point interisland communications.

74. We also propose that WAVDs be

excluded on a nationwide basis from

operating in the 608–614 MHz band (TV

channel 37) to protect radio astronomy

operations. This proposal is in

accordance with the Table of

Allocations in part 2 of the

Commission’s rules which specifies that

no stations will be authorized to

transmit in that band. We also note that

the Commission has recently authorized

the use of medical telemetry in the 608–

614 MHz band and this exclusion will

protect those operations. Finally, we

propose that WAVDs not be allowed to

use channels above 698 MHz (channel

28696 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

51) in the UHF-TV band. This proposal

recognizes that part of the TV band

above channel 51 has been and more

will be reallocated to uses other than

broadcasting. We seek comment on all

aspects of these proposals on authorized

frequencies.

Technical and Operational

Requirements

75. In addressing technical and

operational requirements for WAVDs,

our proposals are designed to protect

other users of the TV bands. We propose

to limit the ERP of WAVDs to 250

milliwatts. This should provide

adequate power for reliable

transmissions up to 300 meters.

Additionally, the lower ERP limit will

provide more protection to other users

of the TV band. To further minimize the

potential for harmful interference by

preventing the ability of users to use

high gain antennas, we also propose to

require that the transmitting devices

contain a permanently attached

antenna. We also seek comment on

whether an alternative limit on power

levels may be more appropriate. We

seek answers to the following:

• What signal strength is necessary at

the WAVD receiver to ensure reliable

use?

• Is 250 milliwatts ERP adequate to

ensure this signal strength at 300 meters

or is a different ERP more appropriate?

• What assumptions are being used in

making this calculation?

• How is the signal strength affected

by antenna height?

• Should the rules specify a

relationship between antenna height

and power?

76. AMPTP asks that we allow

WAVDs to operate with a bandwidth up

to 6 megahertz to provide sufficient

operating flexibility. Because they state

that these devices will transmit audio,

video, and time information either in

analog or digital format, this appears to

be a reasonable request. Further, we

believe that producers can benefit from

low equipment costs by taking

advantage of economies of scale by

using existing NTSC or newer DTV

equipment. Accordingly, we propose to

allow WAVDs to operate with a

bandwidth up to 6 MHz, limited to

transmitting on a single TV channel

(i.e., WAVD transmissions may not

overlap the TV channel edge). To ensure

compliance with this requirement, we

propose that WAVDs be subject to the

same emission limitations that we are

proposing for other TV BAS

transmitters.

77. We also propose that all WAVD

transmitters be authorized for use under

the certification procedures of part 2 of

our rules. This third-party review

process will insure that these

transmitters are designed to the

parameters ultimately adopted. We seek

comment on whether we should

authorize these low power devices

under declaration of conformity (DOC)

procedures. The DOC process would

allow manufacturers to declare

compliance with our requirements,

provided the equipment is tested for

compliance using an accredited

laboratory and is properly labeled.

Because these are new devices, we do

not believe that use of verification

procedures, in which no independent

third-party testing is required, is

appropriate.

78. AMPTP proposed that WAVDs be

authorized to operate with a separation

distance of at least 120 kilometers from

an authorized user of the TV band to

avoid interference. This distance

corresponds to the Grade B contour of

a TV station operating in the upper

VHF–TV band with maximum power.

We note that wireless microphones,

which may use up to 50 milliwatts and

250 milliwatts output power in the

VHF–TV and UHF–TV bands,

respectively, maintain distances of up to

129 kilometers from TV broadcasting

stations, a distance slightly larger than

the Grade B contour. Although the ERP

we are proposing for WAVDs is higher

than that authorized for wireless

microphones operating in the upper

VHF TV band, we also have proposed to

allow WAVDs to operate with a

bandwidth of 6 megahertz compared to

the maximum 200 kilohertz authorized

for wireless microphones. Therefore, the

energy radiated from a WAVD will be

spread over a much larger bandwidth

than that used for wireless microphones

resulting in less signal energy in any

given portion of the bandwidth. This

difference coupled with the ability of

wireless microphones to avoid sensitive

portions of the TV signal due to their

smaller bandwidth should offset the

difference in power levels between the

two devices. Thus, similar to the rules

for wireless microphones, we propose

that WAVDs maintain 129 kilometers

separation from TV broadcasting

stations, including low power TV

stations and translator stations operating

on the same frequency. To protect TV

stations, we believe that this distance is

more appropriate than the 120 kilometer

distance proposed by AMPTP because it

requires that these devices operate

completely outside the Grade B contour,

whereas the 120 kilometer distance

would allow WAVDs to be located at the

edge of the Grade B contour with the

potential for generating signals into it.

We seek comment on whether this

distance is appropriate to protect both

NTSC and DTV signals from harmful

interference. We will not require a

minimum separation distance from

WAVDs to other TV BAS operations on

the TV channels. We believe that the

directional nature of the TV BAS

operations, coupled with our proposals

for notification prior to operation, are

adequate to protect TV BAS operations.

79. To protect land mobile stations

operating in the 470–512 MHz band, we

have proposed to require WAVDs to

maintain at least 6 MHz frequency

separation when operating in the same

area. To further define this protection

criteria we propose to require WAVDs to

maintain a separation of at least 200

kilometers from the coordinates listed in

47 CFR 90.303 when operating cochannel (i.e., at least 52 kilometers away

from the nearest mobile station). We

note that this proposed separation

distance between WAVDs and land

mobile stations is less than that

proposed for TV stations. However, we

believe that land mobile receivers do

not require the same level of protection

as television receivers because land

mobile receivers are more robust than

television receivers (i.e., they operate

with up to 25 kilohertz bandwidths as

opposed to 6 megahertz for TV and

therefore allow less energy to pass

through the receiver).

80. For operations by the ORS and

PLMRS in the Gulf of Mexico in the

476–494 MHz band, the Commission’s

rules stipulate various zones in which

each allocated TV channel can be used.

ORS and PLMRS stations are mostly

used for point-to-point or point-tomultipoint operations, which do not

require the same level of protection as

mobile services due to the directional

nature of fixed transmissions.

Communications with mobile stations

in the Gulf of Mexico are generally

limited to stations within the gulf (e.g.,

stations on boats or aircraft) or to

stations on the shore. Therefore, we

propose to exclude WAVDs from

operating within 52 km of the Gulf of

Mexico in the 476–494 MHz band. This

would provide the same level of

protection as we proposed to provide to

mobile stations operating within U.S.

cities. We also propose to exclude

WAVDs from operating within 52 km of

Hawaii in the 488–494 MHz band. We

seek comment on whether these

proposals are sufficient to protect land

mobile stations or conversely whether

they are overly restrictive such that they

inhibit the use of WAVDs. Commenters

who believe that our proposals are

overly restrictive should address the

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28697

1See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et.

seq., has been amended by the Contract With

America Advancement Act of 1996, Public Law

104–121, 110 Stat. 847 (1996) (CWAAA). Tittle II

of the CWAAA is the Small Business Regulatory

Enforcement Fairness Act of 1996 (SBREFA).

2 5 U.S.C. 603(a).

3 Id.

level of protection necessary to protect

land mobile operations.

81. The proposals set forth are

designed to maximize the number of

channels and areas in which WAVDs

can operate while at the same time

protecting broadcasters and land mobile

users from harmful interference. Subject

to the proposed limitations, WAVDs

would have use of VHF–TV channels 8–

12 and UHF–TV channels 22–36 and

38–51 nationwide. For UHF–TV

channels 14–21 our proposals would

prohibit WAVD use on certain channels

in and around a limited number of

cities, but allow their use across the rest

of the United States. As an alternative,

to protect land mobile users, we could

prohibit WAVDs from operating on

UHF–TV channels 14–21 altogether.

Such an option would limit the number

of available operating channels for

WAVDs at most locations nationwide.

However, it would also create a simpler

regulatory framework. We seek

comment on this option. Specifically,

what is the effect of prohibiting the use

of WAVDs on UHF–TV channels 14–21

on their ability to find vacant channels

on which to operate in various areas?

82. We propose that prior to operating

at a specific location, a WAVD licensee

must notify the local broadcast

coordinator in the area where they wish

to operate. In this regard, we note that

SBE maintains a list of local

coordinators on their web site at

http://www.sbe.org. Alternatively, in

areas where there may not be a local

coordinator, we propose that a WAVD

licensee must notify any TV station

within 161 kilometers (100 miles)

operating on channels adjacent to the

WAVD. We believe that notification

rather than full coordination is

sufficient for these devices due to their

low ERP and limited operating range.

We are inclined to agree with AMPTP

that the requirements adopted in WT

Docket No. 99–168 can be used as the

basis for our proposal. We propose

slight modifications to the procedures

adopted in that proceeding to reflect

differences in the services (i.e., WAVDs

need notification for temporary use at

specific locations with the notification

being accomplished by a local

independent coordinator, as opposed to

land mobile coordination which is

usually done for long-term or permanent

use by a national level coordinator).

Specifically, we propose that each

notification include the proposed

frequency or frequencies, location,

antenna height, type of emission,

effective radiated power, intended dates

of operation, and licensee contact

information. Because we have proposed

to limit use of WAVDs to scheduled

productions, we believe that it is

reasonable to require that these

notifications be made at least ten

business days prior to the date that

WAVD use is required. We believe that

this provides adequate time for the

coordinator to respond to the applicant.

We further propose that failure of a

coordinator to respond to such a

notification will be interpreted as an

approval. Applicants should be aware

that we are proposing that coordinators

have the full ten days to respond to a

coordination request and should plan to

initiate notification as far in advance as

possible to avoid production delays. We

believe that our proposal strikes a

reasonable balance between the

requirements of producers and the

needs of the coordinator to study the

notification and provide comments as

necessary. We propose that the

coordinator’s recommendation

regarding the specific operation of a

particular WAVD—whether it can

operate as proposed or with suggested

modifications to operating parameters—

is to be followed by the WAVD licensee.

Of course, licensees may appeal to the

Commission if they disagree with a

coordinator. We propose that in these

instances, the licensee bear the burden

of proof in overturning the coordinator’s

recommendation. The requirements

proposed herein would ensure that

WAVDs operate in a manner that will

minimize the potential for harmful

interference. We decline to propose

specific technical guidelines in order to

provide coordinators a large degree of

latitude to tailor requirements to

specific local operating environments.

Our experience has been that

coordinators have performed their

duties with a high degree of

professionalism and integrity and we

believe that the coordinators will

continue to act in this manner. We seek

comment on our notification proposals.

Specifically, do we need to require that

additional information be provided? Is

the ten-day period for a coordinator to

respond to a request enough time or too

much time? Should specific technical

criteria, such as C/I ratios, be adopted?

83. Additionally, we propose that

WAVD licensees be subject to the

station identification requirements of 47

CFR 74.882, which require that stations

transmit station identification at the

beginning and end of each period of

operation at a single location. As with

wireless microphones, we believe that

even with the low power levels that

WAVDs will use, such a requirement is

necessary so that if any interference is

experienced, it can readily be traced

back to its source and can be mitigated.

We seek comment on these additional

aspects of proposed technical

operational requirements for WAVDs.

84. Finally, to ensure that users

understand the proper operation and

requirements of WAVDs, we propose

that manufacturers include certain

information in the product literature

that is included with the device. Section

302 of the Communications Act

provides the Commission with authority

to make reasonable regulations

governing the interference potential of

devices which emit radio frequency

energy. For WAVDs, we propose that

the product literature supplied to the

user include the statements explaining

that an FCC license is needed prior to

operating, explaining that operation

may not cause interference to TV

reception, and identifying the intended

uses of the device. In order to provide

flexibility to manufacturers, we do not

propose specific language or placement

of this information, so long as it is

included with the device. We believe

that providing this information with the

product literature will minimize the

potential for these devices to proliferate

to unauthorized users and cause

interference to TV. We seek comment on

this proposal. Commenters should

address whether the required

information is sufficient or if more or

less information should be required.

Initial Regulatory Flexibility Analysis

85. As required by the Regulatory

Flexibility Act (RFA),1 the Commission

has prepared this present Initial

Regulatory Flexibility Analysis (IRFA)

of the possible significant economic

impact on small entities by the policies

and rules proposed in the Notice of

Proposed Rule Making (NPRM). Written

public comments are requested on this

IRFA and must be filed by the deadlines

for comments on the Notice of Proposed

Rule Making. The Commission will send

a copy of the Notice of Proposed Rule

Making, including this IRFA, to the

Chief Counsel for Advocacy of the Small

Business Administration.2 In addition,

the Notice of Proposed Rule Making and

IRFA (or summaries thereof) will be

published in the Federal Register.3

A. Need for, and Objectives of, the

Proposed Rules

86. The Notice or Proposed Rule

Making presents a significant update to

28698 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

4 Id. at 603(b)(3).

5 Id. at 601(3).

6 Id. at 632.

7 Id. at 601(4).

8 Department of Commerce, U.S. Bureau of the

Census, 1992 Economic Census, Table 6 (special

tabulation of data under contract to Office of

Advocacy of the U.S. Small Business

Administration).

9 5 U.S.C. 601(5).

10 1992 Census of Governments, U.S. Bureau of

the Census, U.S. Department of Commerce.

11 Id.

12 13 CFR 121.201, SIC Code 4833 (NAICS code

51312).

13 Id., SIC Code 4832 (NAICS code 513112, Radio

Stations).

14 Id., SIC Code 4841 (NAICS code 51322, Cable

and Other Program Distribution).

15 Id., SIC Code 4812 (NAICS code 513322,

Cellular and Other Wireless Telecommunications).

16 Id., SIC Code 3663 (NAICS code 33422).

17See U.S. Bureau of the Census, U.S. Department

of Commerce, 1992 Census of Transportation,

Communications, and Utilities, UC92–S–1, Subject

Series, Establishment and Firm Size, Table 4,

Revenue Size of Firms: 1992, SIC Code 4833 (issued

May 1995) (1992 Census of Communications).

18A firm is a business organization or entity

consisting of one domestic establishment (location)

or more under common ownership or control. All

establishments of subsidiary firms are included as

part of the owning or controlling firm. For the

economic census, the terms ‘‘firm’’ and ‘‘company’’

are synonymous.

19See 1992 Census of Communications, SIC Code

4832.

20 Id., SIC Code 4841. The number of small

businesses is characterized as a range because the

threshold annual revenue determining a small

business in this category is $11 million, but the

relevant census data is reported as annual revenue

in the $10 million to $24,999,999 range.

21 Id., Table 5, Employment Size of Firms: 1992,

SIC Code 4812 (issued May 1995). The number of

small businesses is not given as a definite number

because the threshold number of employees

determining a small business in this category is

1,500, but the relevant census data is only reported

as firms with 1,000 or more employees.

the Broadcast Auxiliary Service (BAS).

Many of the proposals are intended to

ease the transition from current analog

equipment to the digital equipment that

will be necessary to support digital TV.

Additionally, this NPRM proposes to

implement changes to streamline the

licensing process and make the BAS

licensing rules consistent with those

used in the rest of the wireless services.

These proposals pave the way for BAS

to take full advantage of the

Commission’s Universal Licensing. This

NPRM also seeks to implement changes

that would make the rules consistent

among similar services, such as BAS,

fixed service microwave, and Cable

Television Relay Service (CARS).

Finally, the NPRM proposes to allow

motion picture and television producers

access to certain VHF and UHF TV

channels for wireless video assist

devices (WAVDs). WAVDs increase the

safety of production sets and at the same

time enable these groups to save money

on production costs.

B. Legal Basis

87. This action is authorized under

Sections 1, 4(i), 302, 303(f) and (r), 332,

and 337 of the Communications Act of

1934, as amended, 47 U.S.C. 1, 4(i),

154(i), 302, 303(f) and (r), 332, 337.

C. Description and Estimate of the

Number of Small Entities to Which the

Proposed Rule Will Apply

88. The RFA directs agencies to

provide a description of and, where

feasible, an estimate of the number of

small entities that may be affected by

the proposed rules, if adopted.4 The

RFA generally defines the term ‘‘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 section 3 of the Small Business

Act, unless the Commission has

developed one or more definitions that

are appropriate for its activities.5 Under

the Small business Act, a ‘‘small

business concern’’ is one that: (1) Is

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).6

89. A small organization is generally

‘‘any not-for-profit enterprise which is

independently owned and operated and

is not dominant in its field.’’ 7

Nationwide, as of 1992, there were

approximately 275,801 small

organizations.8 The definition of ‘‘small

governmental entity’’ is one with

populations of fewer than 50,000.9

There are approximately 85,006

governmental entities in the nation.10

This number includes such entities as

states, counties, cities, utility districts

and school districts. There are no

figures available on what portion of this

number have populations of fewer than

50,000. However, this number includes

38,978 counties, cities and towns, and

of those, 37,556, or ninety-six percent,

have populations of fewer than

50,000.11 The Census Bureau estimates

that this ratio is approximately accurate

for all governmental entities. Thus, of

the 85,006 governmental entities, we

estimate that ninety-six percent, or

about 81,600, are small entities that may

be affected by our rules.

90. The proposals in this NPRM

would affect licensees of BAS (remote

pickup, aural, and television), CARS,

and fixed microwave services.

Additionally, they affect manufacturers

of equipment that supports the BAS.

BAS involves a variety of transmitters,

generally used to relay broadcast

programming to the public (through

translator and booster stations) or

within the program distribution chain

(from a remote news gathering unit to

the studio or from the studio to the

transmitter). CARS includes transmitters

generally used to relay cable

programming within cable television

system distribution systems. The

Commission has not developed a

definition of small entities applicable to

these licensees. Therefore, the

applicable definitions of small entities

for each of these services under the

Small Business Administration (SBA)

rules is as follows: (1) For TV BAS, we

will use standard industrial

classification (SIC) code 4833

(Television Broadcasting Stations)

which are classified as small businesses

if they have annual revenues of no more

than $10.5 million; 12 (2) For Aural BAS,

we will use SIC code 4832 (Radio

Broadcasting Stations) which are

classified as small businesses if they

have revenue of no more than $5

million; 13 (3) For Remote pickup BAS

we will use SIC code 4833 when used

by a TV station or 4832 when used by

a radio station. The definition of small

business for these codes has already

been listed; (4) For CARS, we will use

SIC code 4841 (Cable and Other Pay

Television Services) which are

classified as small businesses if they

have annual revenue of no more than

$11 million; 14 (5) For fixed microwave,

we will use SIC code 4812

(Radiotelephone Communications)

which are classified as small businesses

if they employ no more than 1,500

people; 15 (6) For BAS equipment

manufacturers, we will use SIC code

3663 (Radio and Television

Broadcasting and Communications

Equipment) which are classified as

small businesses if they employ no more

than 750 people.16

91. The 1992 Census of

Transportation, Communications, and

Utilities, conducted by the Bureau of the

Census, which is the most recent

information available, shows that 715

TV broadcasting firms out of a total of

885 had less than $10 million annual

revenue,17 4748 radio broadcasting

firms 18 out of a total of 4932 had less

than $5 million annual revenue,19

between 1401 and 1471 cable television

firms out of a total of 1573 had less than

$11 million annual revenue,20 and more

than 1166 radiotelephone firms out of a

total of 1178 had fewer than 1,500

employees.21 Similarly, the 1992 Census

of Manufactures shows that between

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28699

22An establishment is defined as a single

physical location where manufacturing is

performed. A company, on the other hand, is

defined as a business organization consisting of one

establishment or more under common ownership or

control.

23U.S. Bureau of the Census, U.S. Department of

Commerce, 1992 Census of Manufactures, MC92–I–

36D, Industry Series, Communications Equipment,

Including Radio and Television, Table 4, Industry

Statistics by Employment Size of Establishment:

1992, SIC Code 3663 (issued Mar. 1995).

24See para. 75 in the NPRM.

25See para. 78 in the NPRM.

26See para. 79 in the NPRM

27See para. 18 in the NPRM.

28See para. 76 in the NPRM.

29See para. 35 in the NPRM.

30See para. 25 in the NPRM.

31See para. 37 in the NPRM.

32See para. 55 in the NPRM.

33See para. 66 in the NPRM.

34See paras 93–107 in the NPRM.

35 5 U.S.C. 603(c).

36See para. 9 in the NPRM.

37See para. 13 in the NPRM.

38See para. 33 in the NPRM.

908 and 925 out of 948 radio and

television communications equipment

manufacturing establishments 22 had

fewer than 750 employees.23 Any of

these small businesses can potentially

be affected by the proposals of the

NPRM. We seek comment on this

analysis. In providing such comment,

commenters are requested to provide

information regarding how many total

and small business entities would be

affected.

D. Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements

92. Under the proposals contained in

this NPRM, there are changes to

reporting, recordkeeping, and other

compliance requirements. In many

cases, these changes streamline the

existing licensing process or provide

additional flexibility to licensees and

applicants. Many of the proposed

changes are related to the use of the

Universal Licensing System (ULS) by

BAS applicants and licensees. As

explained in the NPRM, applicants for

BAS stations must apply through the

Wireless Telecommunications Bureau

using the ULS, which was adopted by

Report and Order in 1998.24 To comply

with this system, our proposals for BAS

are consistent with the decisions

reached in that Report and Order.

Accordingly, our proposals include

eliminating requests made by letter if

there is a standard application form

which can be used instead,25 modifying

the rules defining major and minor

changes to those used for fixed

microwave systems,26 and eliminating

the need to report transmitter output

power and requiring that all stations

comply with limits on effective

isotropic radiated power.27 We also

propose to change the period of

construction for a BAS station from the

currently used three years to eighteen

months, consistent with the period used

for fixed microwave stations.28

93. Additionally, we propose to

conform some of the rules that affect

frequency bands that are shared among

BAS licensees (part 74), CARS licensees

(part 78), and fixed microwave licensees

(part 101). Here, we propose to update

the rules that protect interference to

geostationary satellites from receiving

harmful interference from fixed stations

to those currently listed in the ITU

International Radio Regulations. The

effect of this update is to expand the

number of frequency bands to which

these rules apply.29 We also propose to

adopt for BAS equipment, emission

limitations that are consistent with

those already being used for fixed

microwave stations.30 We also propose

that all BAS applicants for stations

operating above 944 MHz, comply with

the same frequency coordination

guidelines in place for fixed microwave

stations.31

94. Further changes entail providing

technical guidelines for TV studio-totransmitter links and TV relay stations

that operate on UHF–TV channels.

These guidelines have always been

imposed, but never codified.32 Also,

with respect to BAS Remote Pickup

stations, we propose to alter their

channel plan to be consistent with the

same channel spacing requirements as

are used for Private Land Mobile Radio

stations in Part 90 of our rules.33

Finally, we propose to allow a new type

of device to operate on certain VHF and

UHF TV channels, wireless assist video

devices. Because they are new, we

propose rules for the licensing and use

of these devices.34 We request comment

on how these requirements can be

modified to reduce the burdens on small

entities and still meet the objectives of

this proceeding.

E. Steps Taken To Minimize Significant

Economic Impact on Small Entities, and

Significant Alternatives Considered

95. The RFA requires an agency to

describe any significant alternatives that

it has considered in reaching its

proposed approach, which may include

the following four alternatives (among

others): (1) The establishment of

differing compliance or reporting

requirements or timetables that take into

account the resources available to small

entities; (2) the clarification,

consolidation, or simplification of

compliance or reporting requirements

under the rule for small entities; (3) the

use of performance, rather than design,

standards; and (4) an exemption from

coverage of the rule, or any part thereof,

for small entities.35

96. We have proposed to reduce

burdens wherever possible. Our

proposals regarding the BAS would

reduce burdens on small entities. First,

we have proposed to allow aural and TV

BAS licensees to use digital modulation

techniques in all of their allocated

frequency bands. Currently, they can

only use these techniques in a few

bands and must file waiver requests and

requests for special temporary authority

(STA) to transmit digital signals in other

bands. Our proposals would eliminate

the need for these waivers and STAs,

thus saving businesses the time it takes

to prepare these requests and their

associated filing fees.36 Second, we have

proposed to alter the equation used to

determine the allowable EIRP for short

path lengths. Under our proposal, there

would no longer be a large drop-off in

allowable EIRP when the path length of

a fixed station was slightly shorter than

the minimum necessary for maximum

power. The effect of this would be to

provide more flexibility in the way

small entities design their systems.

Because they would be able to use fewer

sites, this would have the effect would

be a reduction in the cost of a system.37

Third, we have proposed to allow

automatic transmit power control

(ATPC). ATPC would benefit small

entities by reducing outages to digital

receivers and expanding battery life.

Both of these effects benefit small

businesses by making their systems

more reliable.38

97. Many of our proposed rule

amendments and their benefits, stem

from the use of the ULS for application

filing. This system, by providing for

electronic filing on standardized forms

benefits small entities in several ways.

Applicants can submit applications to

the Commission as soon as they have

the necessary information on-hand. And

they can get instant feedback as to the

correctness of that application; ULS will

not accept the application for filing

unless it is correct on its face. If there

are errors, ULS will provide error

messages so that the application can be

corrected and resubmitted. Also, the

system makes extensive use of

electronic processing, so that many of

the tasks that were done by hand are

now done by the computer. The overall

effect is that application are processed

faster and licenses are issued sooner,

thus allowing small entities to begin

28700 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

39See Section III–B of NPRM.

40See Section III–C of NPRM.

41See para. 37 in the NPRM.

42See para. 46 in the NPRM.

43See para. 50 in the NPRM.

44See para. 55 in the NPRM.

45See para. 62 in the NPRM.

46See paras. 90–107 in the NPRM.

47See paras. 37–40 in the NPRM

48 47 CFR 101.103(d).

providing service in a more timely

manner.39

98. We have proposed rules in the

NPRM that would conform rules for

similar services that share spectrum.

These are TV BAS, CARS, and the fixed

microwave service. As a whole, these

proposals reduce burdens to small

entities because many of these entities

have licenses in each of these rule parts,

but must currently contend with

different rules in each part. Thus, small

entities will benefit because they will,

in many instances, be able to comply

with a common set of rules for their

systems, which operate in any of the

named services.40

99. Additionally, we have proposed

many other changes that will benefit

small entities. We have proposed to

require that BAS systems prior

coordinate their frequency use. Such a

requirement will ensure that systems

begin operating in a manner that

minimizes the potential of causing

interference. This protects the new

system from possibly being shut down

due to causing interference and protects

the existing system from suffering a

service disruption from receiving

interference. Both of these results will

benefit small entities operating in the

BAS service.41 Along with the

frequency coordination requirement, we

have proposed to extend the ability to

operate under temporary conditional

authority to all BAS frequency bands.

This would benefit small entities by

allowing them to begin operating

sooner.42 Further, we have proposed to

extend the reach of the short-term

operation rule to all entities eligible for

a BAS license. This benefits small

entities because many would not need

to obtain additional licenses from the

Commission to provide limited service

a few times a year in areas in which

they do not traditionally operate. Such

a change would save small entities the

time and money that they would

otherwise expend obtaining a license.43

Another proposed change entails us

laying out the technical requirements

for operating TV STLs or TV relay

stations on UHF–TV channels. By doing

this, applicants will know before

applying exactly the requirements they

must meet in order to obtain a license,

thereby reducing the number or

applications that must be returned by

the Commission. Thus, small entities

will benefit by not having to respond to

returned applications.44 We have also

proposed to alter the channel plan for

remote pickup BAS to conform to the

channel plan adopted for PLMR

services. Unless the same technical

criteria are used for both services,

different radios must be developed.

Thus, our proposal would benefit small

entities by keeping equipment costs

down.45 Finally, we have proposed to

allow motion picture and television

producers to operate a new type of

device, wireless assist video devices, on

certain unused VHF and UHF TV

channels. This will benefit small

entities by providing a more cost

effective means for producers to monitor

multiple camera angles when producing

program material.46

100. The regulatory burdens we have

retained, such as filing applications on

appropriate forms, are necessary to

ensure that the public receives the

benefits of new and existing services in

a prompt and efficient manner. We also

considered revising the burden of

frequency coordination, but found that

this alternative would unnecessarily

increase the potential of harmful

interference.47 Additionally, under the

frequency coordination procedures

proposed, entities may self coordinate

rather than paying a frequency

coordinator.48 We will continue to

examine alternatives in the further with

the objectives of eliminating

unnecessary regulations and minimizing

significant economic impact on small

entities. We seek comment on

significant alternatives commenters

believe we should adopt.

F. Federal Rules That May Duplicate,

Overlap, or Conflict With the Proposed

Rules

101. None.

Ordering Clauses

102. Pursuant to sections 1, 4(i), 302,

303(f) and (r), 332 and 337 of the

Communications Act of 1934, as

amended, 47 U.S.C. 1, 4(i), 154(i), 302,

303(f), and (r), 332, 337, this Notice of

Proposed Rulemaking is hereby

Adopted.

103. The Commission’s Consumer

Information Bureau, Reference

Information Center, shall send a copy of

this NPRM, including the Initial

Regulatory Flexibility Analysis to the

Chief Counsel for Advocacy of the Small

Business Administration.

List of Subjects

47 CFR Part 1

Adminstrative practice and

procedure, Radio, Television.

47 CFR Part 2

Communications equipment, Radio.

47 CFR Part 73

Communications equipment, Radio,

Reporting and recordkeeping

requirements, Television.

47 CFR Part 74

Communications equipment, Radio,

Reporting and recordkeeping

requirements, Television.

47 CFR Part 78

Cable television, Communications

equipment, Radio, Reporting and

recordkeeping requirements.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Proposed Rules Change

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

Parts 1, 2, 73, 74, and 78 as follows:

PART 1—PRACTICE AND

PROCEDURE

1. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 151, 154(i), 154(j),

155, 225, 303(r), 309 and 325(e).

2. Section 1.901 is revised to read as

follows:

§ 1.901 Basis and purpose.

The rules in this subpart are issued

pursuant to the Communications Act of

1934, as amended, 47 U.S.C 151 et seq.

The purpose of the rules in this subpart

is to establish the requirements and

conditions under which entities may be

licensed in the Wireless Radio Services

as described in this part and in parts 13,

20, 22, 24, 26, 27, 74, 80, 87, 90, 95, 97

and 101 of this chapter.

3. Section 1.902 is revised to read as

follows:

§ 1.902 Scope.

In case of any conflict between the

rules set forth in this subpart and the

rules set forth in parts 13, 20, 22, 24, 26,

27, 74, 80, 87, 90, 95, 97, and 101 of

Title 47, Chapter I of the Code of

Federal Regulations, the rules in this

part 1 shall govern.

4. Section 1.929 is amended by

revising the introductory text of

paragraphs (c)(4) and (d) to read as

follows:

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28701

§ 1.929 Classification of filings as major or

minor.

* * * * *

(c) * * *

(4) In the Private Land Mobile Radio

Services (PLMRS), the remote pickup

broadcast auxiliary service, and GMRS

systems licensed to non-individuals:

* * * * *

(d) In the microwave, aural broadcast

auxiliary, and television broadcast

auxiliary services:

* * * * *

PART 2—FREQUENCY ALLOCATIONS

AND RADIO TREATY MATTERS;

GENERAL RULES AND REGULATIONS

5. The authority citation for part 2

continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, and

336, unless otherwise noted.

6. Section 2.106 is amended as

follows:

a. Revise pages 25, 26, 37, and 38 of

the Table.

b. In the list of United States

footnotes, revise footnote US11.

c. In the list of non-Federal

Government footnotes, revise footnote

NG115.

The revisions read as follows:

§ 2.106 Table of Frequency Allocations.

* * * * *

BILLING CODE 6712–01–P

28702 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28703

28704 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28705

BILLING CODE 6712–01–C

28706 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

* * * * *

United States (US) Footnotes

* * * * *

US11 The use of the frequencies 166.25

and 170.15 MHz may be authorized to nonGovernment remote pickup broadcast base

and land mobile stations and to nonGovernment base, fixed and land mobile

stations in the public safety radio services

(the sum of the bandwidth of emission and

tolerance is not to exceed 12.5 kHz, except

that authorizations in existence as of January

1, 2002, using 25 kHz bandwidth are

permitted to continue in operation until

January 1, 2005) in the lower 48 contiguous

States only, except within the area bounded

on the west by the Mississippi River, on the

north by the parallel of latitude 37° 30′ N.,

and on the east and south by that arc of the

circle with center at Springfield, Illinois, and

radius equal to the airline distance between

Springfield, Illinois, and Montgomery,

Alabama, subtended between the foregoing

west and north boundaries, on the condition

that harmful interference shall not be caused

to Government stations present or future in

the Government band 162’174 MHz. The use

of these frequencies by remote pickup

broadcast stations shall not be authorized for

locations within 150 miles of New York City;

and use of these frequencies by the public

safety radio services will not be authorized

except for locations within 150 miles of New

York City. As an exception to the secondary

status of all other non-Government stations

operating on the frequencies 166.25 and

170.15 MHz, non-Government remote pickup

broadcast base stations operating as an

integral part of the Emergency Alert System

shall have primary status.

* * * * *

Non-Federal Government (NG) Footnotes

* * * * *

NG115 In the bands 54–72 MHz, 76–88

MHz, 174–216 MHz, 470–608 MHz, and 614–

806 MHz, wireless microphones and wireless

assist video devices may be authorized on a

non-interference basis, subject to the terms

and conditions set forth in 47 CFR part 74,

subpart H.

* * * * *

PART 73—RADIO BROADCAST

SERVICES

7. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, and

336.

8. Section 73.3500 is amended by

removing the entries for Forms 313 and

313–R from the table in paragraph (a)

and adding entries for Forms 601 and

603 in numerical order to read as

follows:

§ 73.3500 Application and report forms.

(a) * * *

Form No. Title

*****

601 ......... FCC Application for Wireless

Telecommunications Bureau

Radio Service Authorization.

603 ......... FCC Wireless Telecommunications Bureau Application for

Assignments of Authorization

and Transfers of Control.

* * * * *

§ 73.3533 [Amended]

9. Section 73.3533 is amended by

removing and reserving paragraph (a)(3).

§ 73.3536 [Amended]

10. Section 73.3536 is amended by

removing and reserving paragraph

(b)(3).

11. Section 73.3598 is amended by

revising paragraph (a) to read as follows:

§ 73.3598 Period of construction.

(a) Each original construction permit

for the construction of a new TV, AM,

FM or International Broadcast; low

power TV; TV translator; TV booster;

FM translator; or FM booster, or to make

changes in such existing stations, shall

specify a period of three years from the

date of issuance of the original

construction permit within which

construction shall be completed and

application for license filed.

* * * * *

PART 74—EXPERIMENTAL RADIO,

AUXILIARY, SPECIAL BROADCAST

AND OTHER PROGRAM

DISTRIBUTIONAL SERVICES

12. The authority citation for part 74

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 307, 336(f)

and 554.

13. Section 74.5 is amended by

redesignating paragraphs (a)(4) through

(a)(6) as paragraphs (a)(5) through (a)(7),

and adding new paragraphs (a)(4) and (f)

to read as follows:

§ 74.5 Cross reference to rules in other

parts.

* * * * *

(a) * * *

(4) Subpart F, ‘‘Wireless

Telecommunications Services

Applications and Proceedings’’.

(§§ 1.901 to 1.981).

* * * * *

(f) Part 101, ‘‘Fixed Microwave

Services’’.

14. Section 74.6 is added to read as

follows:

§ 74.6 Licensing of broadcast auxiliary and

low power auxiliary stations.

Applicants for and licensees of remote

pickup broadcast stations, aural

broadcast auxiliary stations, television

broadcast auxiliary stations, and low

power auxiliary stations authorized

under subparts D, E, F, and H of this

part are subject to the application and

procedural rules for wireless

telecommunications services contained

in part 1, subpart F, of this chapter.

15. Section 74.15 is amended by

revising paragraph (f) to read as follows:

§ 74.15 Station license period.

* * * * *

(f) Licenses held by broadcast

network-entities under Subpart F of this

part will ordinarily be issued for a

period of 8 years running concurrently

with the normal licensing period for

broadcast stations located in the same

area of operation. An application for

renewal of license shall be filed in

accordance with the provisions of

§ 1.949 of this chapter.

* * * * *

16. Section 74.24 is amended by

revising the introductory text,

paragraphs (a), (d) including the note (f),

(g), (h)(1) and the last two sentences of

paragraph (i), and by removing the Note

following paragraph (h)(1) to read as

follows:

§ 74.24 Short-term operation.

All classes of broadcast auxiliary

stations provided for in subparts D, E,

F and H of this part, except wireless

video assist devices, may be operated on

a short-term basis under the authority

conveyed by a part 73 license or a

broadcast auxiliary license without

prior authorization from the FCC,

subject to the following conditions:

(a) Licensees operating under this

provision must be eligible to operate the

particular class of broadcast auxiliary

station.

* * * * *

(d) Short-term operation under this

section shall not exceed 720 hours

annually per frequency.

Note to Paragraph (d): Certain frequencies

shared with other services which are

normally available for permanent broadcast

auxiliary station assignment may not be

available for short-term operation. Refer to

any note(s) which may be applicable to the

use of a specific frequency prior to initiating

operation.

* * * * *

(f) Stations operated pursuant to this

section shall be identified by the

transmission of the call sign of the

associated part 73 broadcast station or

broadcast auxiliary station.

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28707

(g) Prior to operating pursuant to the

provisions of this section, licensees

shall, for the intended location or areaof-operation, notify the appropriate

frequency coordination committee or

any licensee(s) assigned the use of the

proposed operating frequency,

concerning the particulars of the

intended operation and shall provide

the name and telephone number of a

person who may be contacted in the

event of interference. Except as

provided further, this notification

provision shall not apply where an

unanticipated need for immediate shortterm mobile station operation would

render compliance with the provisions

of this paragraph (g) impractical.

(1) A CARS licensee shall always be

given advance notification prior to the

commencement of short-term operation

on or adjacent to an assigned frequency.

(2) The Commission may designate a

frequency coordinator as the single

point of contact under this section for

advance coordination of major national

and international events. Once

designated, all short-term auxiliary

broadcast use under this section must be

coordinated in advance through the

designated coordinator.

(i) Coordinators under this provision

will not be designated unless the

Commission receives a request to

designate a coordinator.

(ii) The Commission will issue a

Public Notice with information

regarding the designation of such a

coordinator.

(iii) All coordination must be done on

a non-discriminatory basis.

(iv) All licensees must abide by the

decision of the coordinator. The

Commission will be the final arbiter of

any disputes.

(3) An unanticipated need will never

be deemed to exist for a scheduled

event, such as a convention, sporting

event, etc.

(h) * * *

(1) Use of broadcast auxiliary service

frequencies below 470 MHz is limited to

areas of the United States south of Line

A or west of Line C unless the effective

radiated power of the station is 5 watts

or less. See § 1.928(e) of this chapter for

a definition of Line A and Line C.

* * * * *

(i) * * * It shall simply be necessary

for the licensee to contact the

potentially affected agency and obtain

advance approval for the proposed

short-term operation. Where protection

to FCC monitoring stations is

concerned, approval for short-term

operation may be given by the District

Director of a Commission field facility.

* * * * *

17. Section 74.25 is added to read as

follows:

§ 74.25 Temporary conditional operating

authority.

An applicant for a new broadcast

auxiliary radio service station or a

modification of an existing station

under subpart D, E, F, or H of this part

may operate the proposed station during

the pendency of its applications upon

the filing of a properly completed

formal application that complies with

the rules for the particular class of

station, provided that the following

conditions are satisfied:

(a) Conditions applicable to all

broadcast auxiliary stations. (1) Stations

operated pursuant to this section shall

be identified by the transmission of the

call sign of the associated part 73

broadcast station, if one exists, or the

prefix ‘‘WT’’ followed by the applicant’s

local business telephone number for

broadcast or cable network entities.

(2) The antenna structure(s) has been

previously studied by the Federal

Aviation Administration and

determined to pose no hazard to

aviation safety as required by subpart B

of part 17 of this chapter; or the antenna

or tower structure does not exceed 6.1

meters above ground level or above an

existing man-made structure (other than

an antenna structure), if the antenna or

tower has not been previously studied

by the Federal Aviation Administration

and cleared by the FCC.

(3) The grant of the application(s)

does not require a waiver of the

Commission’s rules in this chapter.

(4) The applicant has determined that

the facility(ies) will not significantly

affect the environment as defined in

§ 1.1307 of this chapter.

(5) The station site does not lie,

within a radio ‘‘Quiet Zone’’ identified

in § 1.924 of this chapter.

(b) Conditions applicable to remote

pickup broadcast auxiliary stations. (1)

The auxiliary station must be located

within 80 km (50 mi) of the broadcast

studio or broadcast transmitter.

(2) The applicant must coordinate the

operation with all affected co-channel

and adjacent channel licensees in the

area of operation. This requirement can

be satisfied by coordination with the

local frequency committee if one exists.

(3) Operation under this provision is

not permitted between 152.87 MHz and

153.35 MHz.

(c) Conditions applicable to aural and

television broadcast auxiliary stations.

(1) The applicable frequency

coordination procedures have been

successfully completed and the filed

application is consistent with that

coordination.

(2) The station site does lie within an

area requiring international

coordination.

(3) If operated on frequencies in the

17.8–19.7 GHz band, the station site

does not lie within any of the areas

identified in § 1.924 of this chapter.

(d) Operation under this section shall

be suspended immediately upon

notification from the Commission or by

the District Director of a Commission

field facility, and shall not be resumed

until specific authority is given by the

Commission or District Director. When

authorized by the District Director, short

test operations may be made.

(e) Conditional authority ceases

immediately if the application(s) is

returned by the Commission because it

is not acceptable for filing.

(f) Conditional authorization does not

prejudice any action the Commission

may take on the subject application(s).

Conditional authority is accepted with

the express understanding that such

authority may be modified or cancelled

by the Commission at any time without

hearing if, in the Commission’s

discretion, the need for such action

arises. An applicant operating pursuant

to this conditional authority assumes all

risks associated with such operation, the

termination or modification of the

conditional authority, or the subsequent

dismissal or denial of its application(s).

18. Section 74.34 is added to read as

follows:

§ 74.34 Period of construction;

certification of completion of construction.

(a) Each aural and television

broadcast auxiliary station authorized

under subparts E and F of this part must

be in operation within 18 months from

the initial date of grant.

(b) Each remote pickup broadcast

auxiliary station authorized under

subpart D of this part must be in

operation within 12 months from the

initial date of grant.

(c) Failure to timely begin operation

means the authorization terminates

automatically.

(d) Requests for extension of time may

be granted upon a showing of good

cause pursuant to § 1.946(e) of this

chapter.

(e) Construction of any authorized

facility or frequency must be completed

by the date specified in the license as

pursuant to § 1.946 of this chapter.

19. Section 74.402 is revised to read

as follows:

§ 74.402 Frequency assignment.

Operation on all channels listed in

this section (except: 26.07, 26.11, 26.45,

450.01, 450.02, 450.98, 450.99, 455.01,

455.02, 455.98, and 455.99 MHz) shall

28708 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

be in accordance with the ‘‘priority of

use’’ provisions in § 74.403(b). The

channel will be assigned by its center

frequency, channel bandwidth, and

emission designator. In general, the

frequencies listed in this section

represent the center of the channel or

channel segment. When an even number

of channels are stacked in those sections

stacking is permitted, channel

assignments may be made for the

frequency halfway between those listed.

(a) The following channels (except

1606, 1622, and 1646 kHz) may be

assigned for use by broadcast remote

pickup stations using any emission

(other than single sideband or pulse)

that will be in accordance with the

provisions of § 74.462:

(1) MF Channels: 1606, 1622, and

1646 kHz. The channel 1606 kHz is

subject to the condition listed in

paragraph (e)(1) of this section.

(2) HF Channels: 25.87, 25.91, 25.95,

25.99, 26.03, 26.07, 26.09, 2.611, 26.13,

26.15, 26.17, 26.21, 26.23, 26.25, 26.27,

26.29, 26.31, 26.33, 26.35, 26.37, 26.39,

26.41, 26.43, 26.45, and 26.47 MHz. The

channels 25.87–26.09 MHz are subject

to the condition listed in paragraph

(e)(2) of this section.

(3) VHF Channels: 166.25 and 170.15

MHz. These channels are subject to the

condition listed in paragraph (e)(8) of

this section.

(4) UHF Channels: 450.01, 450.02,

450.98, 450.99, 455.01, 455.02, 455.98,

455.99 MHz. These channels are subject

to the condition listed in paragraph

(e)(9) of this section.

(b) Up to four of the following 7.5 kHz

VHF segments and up to eight of the

following 6.25 kHz UHF segments may

be stacked to form a channel which may

be assigned for use by broadcast remote

pickup stations using any emission

contained within the resultant channel

in accordance with the provisions of

§ 74.462:

(1) VHF segments: 152.8625, 152.870,

152.8775, 152.885, 152.8925, 152.900,

152.9075, 152.915, 152.9225, 152.930,

152.9375, 152.945, 152.9525, 152.960,

152.9675, 152.975, 152.9825, 152.990,

152.9975, 153.005, 153.0125, 153.020,

153.0275, 153.035, 153.0425, 153.050,

153.0575, 153.065, 153.0725, 153.080,

153.0875, 153.095, 153.1025, 153.110,

153.1175, 153.125, 153.1325, 153.140,

153.1475, 153.155, 153.1625, 153.170,

153.1775, 153.185, 153.1925, 153.200,

153.2075, 153.215, 153.2225, 153.230,

153.2375, 153.245, 153.2525, 153.260,

153.2675, 153.275, 153.2825, 153.290,

153.2975, 153.305, 153.3125, 153.320,

153.3275, 153.335, 153.3425, 153.350,

and 153.3575. These channels are

subject to the conditions listed in

paragraphs (e)(3), (e)(4), and (e)(5) of

this section.

(2) VHF segments: 160.860, 160.8675,

160.875, 160.8825, 160.890, 160.8975,

160.905, 160.9125, 160.920, 160.9275,

160.935, 160.9425, 160.950, 160.9575,

160.965, 160.9725, 160.980, 160.9875,

160.995, 161.0025, 161.010, 161.0175,

161.025, 161.0325, 161.040, 161.0475,

161.055, 161.0625, 161.070, 161.0775,

161.085, 161.0925, 161.100, 161.1075,

161.115, 161.1225, 161.130, 161.1375,

161.145, 161.1525, 161.160, 161.1675,

161.175, 161.1825, 161.190, 161.1975,

161.205, 161.2125, 161.220, 161.2275,

161.235, 161.2425, 161.250, 161.2575,

161.265, 161.2725, 161.280, 161.2875,

161.295, 161.3025, 161.310, 161.3175,

161.325, 161.3325, 161.340, 161.3475,

161.355, 161.3625, 161.370, 161.3775,

161.385, 161.3925, 161.400. These

channels are subject to the condition

listed in paragraph (e)(6) of this section.

(3) VHF segments: 161.625, 161.6325,

161.640, 161.6475, 161.655, 161.6625,

161.670, 161.6775, 161.685, 161.6925,

161.700, 161.7075, 161.715, 161.7225,

161.730, 161.7375, 161.745, 161.7525,

161.760, 161.7675, 161.775. These

channels are subject to the conditions

listed in paragraphs (e)(4) and (e)(7) of

this section.

(4) UHF segments: 450.03125,

450.0375, 450.04375, 450.050,

450.05625, 450.0625, 450.06875,

450.075, 450.08125, 450.0875,

450.09375, 450.100, 450.10625,

450.1125, 450.11875, 450.125,

450.13125, 450.1375, 450.14375,

450.150, 450.15625, 450.1625,

450.16875, 450.175, 450.18125,

450.1875, 450.19375, 450.200,

450.20625, 450.2125, 450.21875,

450.225, 450.23125, 450.2375,

450.24375, 450.250, 450.25625,

450.2625, 450.26875, 450.275,

450.28125, 450.2875, 450.29375,

450.300, 450.30625, 450.3125,

450.31875, 450.325, 450.33125,

450.3375, 450.34375, 450.350,

450.35625, 450.3625, 450.36875,

450.375, 450.38125, 450.3875,

450.39375, 450.400, 450.40625,

450.4125, 450.41875, 450.425,

450.43125, 450.4375, 450.44375,

450.450, 450.45625, 450.4625,

450.46875, 450.475, 450.48125,

450.4875, 450.49375, 450.500,

450.50625, 450.5125, 450.51875,

450.525, 450.53125, 450.5375,

450.54375, 450.550, 450.55625,

450.5625, 450.56875, 450.575,

450.58125, 450.5875, 450.59375,

450.600, 450.60625, 450.6125,

450.61875, 455.03125, 455.0375,

455.04375, 455.050, 455.05625,

455.0625, 455.06875, 455.075,

455.08125, 455.0875, 455.09375,

455.100, 455.10625, 455.1125,

455.11875, 455.125, 455.13125,

455.1375, 455.14375, 455.150,

455.15625, 455.1625, 455.16875,

455.175, 455.18125, 455.1875,

455.19375, 455.200, 455.20625,

455.2125, 455.21875, 455.225,

455.23125, 455.2375, 455.24375,

455.250, 455.25625, 455.2625,

455.26875, 455.275, 455.28125,

455.2875, 455.29375, 455.300,

455.30625, 455.3125, 455.31875,

455.325, 455.33125, 455.3375,

455.34375, 455.350, 455.35625,

455.3625, 455.36875, 455.375,

455.38125, 455.3875, 455.39375,

455.400, 455.40625, 455.4125,

455.41875, 455.425, 455.43125,

455.4375, 455.44375, 455.450,

455.45625, 455.4625, 455.46875,

455.475, 455.48125, 455.4875,

455.49375, 455.500, 455.50625,

455.5125, 455.51875, 455.525,

455.53125, 455.5375, 455.54375,

455.550, 455.55625, 455.5625,

455.56875, 455.575, 455.58125,

455.5875, 455.59375, 455.600,

455.60625, 455.6125, 455.61875.

(c) Up to two of the following 25 kHz

segments may be stacked to form a

channel which may be assigned for use

by broadcast remote pickup stations

using any emission contained within

the resultant channel in accordance

with the provisions of § 74.462. Users

committed to 50 kHz bandwidths and

transmitting program material will have

primary use of these channels.

(1) UHF segments: 450.6375,

450.6625, 450.6875, 450.7125, 450.7375,

450.7625, 450.7875, 450.8125, 450.8375,

450.8625, 455.6375, 455.6625, 455.6875,

455.7125, 455.7375, 455.7625, 455.7875,

455.8125, 455.8375, 455.8625 MHz.

(2) [Reserved]

(d) Up to two of the following 50 kHz

segments may be stacked to form a

channel which may be assigned for use

by broadcast remote pickup stations

using any emission contained within

the resultant channel in accordance

with the provisions of § 74.462. Users

committed to 100 kHz bandwidths and

transmitting program material will have

primary use of these channels.

(1) UHF segments: 450.900, 450.950,

455.900, and 455.950 MHz.

(2) [Reserved]

(e) Conditions on Broadcast Remote

Pickup Service channel usage as

referred to in paragraphs (a) through (d)

of this section:

(1) Operation is subject to the

condition that no harmful interference

is caused to the reception of AM

broadcast stations.

(2) Operation is subject to the

condition that no harmful interference

is caused to stations in the broadcast

service.

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28709

(3) Operation is subject to the

condition that no harmful interference

is caused to stations operating in

accordance with the Table of Frequency

Allocations set forth in part 2 of this

chapter. Applications for licenses to use

frequencies in this band must include

statements showing what procedures

will be taken to ensure that interference

will not be caused to stations in the

Industrial/Business Pool (part 90 of this

chapter).

(4) These frequencies will not be

licensed to network entities.

(5) These frequencies will not be

authorized to new stations for use on

board aircraft.

(6) These frequencies are allocated for

assignment to broadcast remote pickup

stations in Puerto Rico or the Virgin

Islands only.

Note to Paragraph (e)(6): These frequencies

are shared with Public Safety and Industrial/

Business Pools (part 90 of this chapter).

(7) These frequencies may not be used

by broadcast remote pickup stations in

Puerto Rico or the Virgin Islands. In

other areas, certain existing stations in

the Public Safety and Industrial/

Business Pools (part 90 of this chapter)

have been permitted to continue

operation on these frequencies on the

condition that no harmful interference

is caused to broadcast remote pickup

stations.

(8) Operation on the frequencies

166.25 MHz and 170.15 MHz is not

authorized:

(i) Within the area bounded on the

west by the Mississippi River, on the

north by the parallel of latitude 37

degrees 30 minutes N., and radius equal

to the air-line distance between

Springfield, Ill., and Montgomery,

Alabama, subtended between the

foregoing west and north boundaries;

(ii) Within 150 miles (241 km) of New

York City; and

(iii) In Alaska or outside the

continental United States; and is subject

to the condition that no harmful

interference is caused radio stations in

the band 162–174 MHz.

(9) The use of these frequencies is

limited to operational communications,

including tones for signaling and for

remote control and automatic

transmission system control and

telemetry.

(f) License applicants shall request

assignment of only those channels, both

in number and bandwidth, necessary for

satisfactory operation and for which the

system is equipped to operate. However,

it is not necessary that each transmitter

within a system be equipped to operate

on all frequencies authorized to that

licensee.

(g) Remote pickup stations or systems

will not be granted exclusive channel

assignments. The same channel or

channels may be assigned to other

licensees in the same area. When such

sharing is necessary, the provisions of

§ 74.403 shall apply.

20. Section 74.431 is amended by

removing and reserving paragraph (g)

and revising paragraph (i) to read as

follows:

§ 74.431 Special rules applicable to remote

pickup stations.

* * * * *

(i) Remote pickup mobile or base

stations may be used for activities

associated with the Emergency Alert

System (EAS) and similar emergency

survival communications systems. Drills

and tests are also permitted on these

stations, but the priority requirements of

§ 74.403(b) must be observed in such

cases.

21. Section 74.432 is amended by

revising paragraphs (b), (g), and (k) and

by designating the Note at the end of the

section as Note to § 74.432 to read as

follows:

§ 74.432 Licensing requirements and

procedures.

* * * * *

(b) Base stations may operate as

automatic relay stations on the

frequencies listed in § 74.402(b)(4) and

(c)(1) under the provisions of § 74.436,

however, one licensee may not operate

such stations on more than two

frequency pairs in a single area.

* * * * *

(g) An application for a remote pickup

broadcast station or system shall specify

the broadcasting station with which the

remote pickup broadcast facility is to be

principally used and the licensed area

of operation for a system which

includes mobile stations shall be the

area considered to be served by the

associated broadcasting station. Mobile

stations may be operated outside the

licensed area of operation pursuant to

§ 74.24. Where the applicant for remote

pickup broadcast facilities is the

licensee of more than one class of

broadcasting station (AM, FM, TV), all

licensed to the same community,

designation of one such station as the

associated broadcasting station will not

preclude use of the remote pickup

broadcast facilities with those

broadcasting stations not included in

the designation and such additional use

shall be at the discretion of the licensee.

* * * * *

(k) In case of permanent

discontinuance of operations of a station

licensed under this subpart, the licensee

shall cancel the station license using

FCC Form 601. For purposes of this

section, a station which is not operated

for a period of one year is considered to

have been permanently discontinued.

Note to § 74.432: * * *

22. Section 74.433 is amended by

revising paragraphs (b) and (c) to read

as follows:

§ 74.433 Temporary authorizations.

* * * * *

(b) A request for special temporary

authority for the operation of a remote

pickup broadcast station must be made

in accordance with the procedures of

§ 1.931(b) of this chapter.

(c) All requests for special temporary

authority of a remote pickup broadcast

station must include full particulars

including: licensee’s name and address,

facility identification number of the

associated broadcast station or stations,

call letters of remote pickup station (if

assigned), type and manufacturer of

equipment, power output, emission,

frequency or frequencies proposed to be

used, commencement and termination

date, location of operation and purpose

for which request is made including any

particular justification.

* * * * *

23. Section 74.451 is amended by

revising paragraph (a) to read as follows:

§ 74.451 Certification of equipment.

(a) Applications for new remote

pickup broadcast stations or systems or

for changing transmitting equipment of

an existing station will not be accepted

unless the transmitters to be used have

been certificated by the FCC pursuant to

the provisions of this subpart, or have

been certificated for licensing under

part 90 of this chapter and do not

exceed the output power limits

specified in § 74.461(b).

* * * * *

24. Section 74.452 is revised to read

as follows:

§ 74.452 Equipment changes.

(a) Modifications may be made to an

existing authorization in accordance

with §§ 1.929 and 1.947 of this chapter.

(b) All transmitters initially installed

after November 30, 1977, must be

certificated for use in this service or

other service as specified in § 74.451(a).

25. Section 74.462 is amended by

revising paragraph (a) and the table in

paragraph (b), by removing paragraphs

(f) and (g) and by designating the Note

at the end of the section as Note to

§ 74.462 to read as follows:

§ 74.462 Authorized bandwidth and

emissions.

(a) Each authorization for a new

remote pickup broadcast station or

28710 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

system shall require the use of

certificated equipment and such

equipment shall be operated in

accordance with emission specifications

included in the grant of certification and

as prescribed in paragraphs (b), (c), and

(d) of this section.

(b) * * *

Frequencies

Authorized

bandwidth

(kHz)

Maximum frequency deviation 1 (kHz)

Type of emission 2

KHz 1606, 1622, and 1646 ...................................................................... 10 ................. N/A A3E

MHz:

25.87 to 26.03 ................................................................................... 40 ................. 10 A3E, F1E, F3E, F9E

26.07 to 26.47 ................................................................................... 20 ................. 5 A3E, F1E, F3E, F9E

152.8625 to 153.3575 3 ..................................................................... 30/60 ............ 5/10 A3E, F1E, F3E, F9E

160.860 to 161.400 ........................................................................... 60 ................. 10 A1E, A2E, A3E, F1E, F2E, F3E, F9E

161.625 to 161.775 ........................................................................... 30 ................. 5 A1E, A2E, A3E, F1E, F2E, F3E, F9E

166.25 and 170.15 4 .......................................................................... 12.5/25 ......... 5 A1E, A2E, A3E, F1E, F2E, F3E, F9E

450.01, 450.02, 450.98, 450.99, 455.01, 455.02, 455.98, 455.99 ... 10 ................. 1.5 A1E, A2E, A3E, F1E, F2E, F3E, F9E

450.03125 to 450.61875, 455.03125 to 455.61875 ......................... Up to 25 ....... 5 A1E, A2E, A3E, F1E, F2E, F3E, F9E

450.6375 to 450.8625, 455.6375 to 455.8625 ................................. 25–50 ........... 10 A1E, A2E, A3E, F1E, F2E, F3E, F9E

450.900, 450.950, 455.900, 450.950 ................................................ 50–100 ......... 35 A1E, A2E, A3E, F1E, F2E, F3E, F9E

1Applies where F1E, F2E, F3E, or F9E emissions are used.

2Stations operating above 450 MHz shall show a need for employing A1E, A2E, F1E, or F2E emission.

3 New or modified licenses for use of the frequencies will not be granted to utilize transmitters on board aircraft, or to use a bandwidth in excess of 30 kHz and maximum deviation exceeding 5 kHz 4After January 1, 1995, all new systems, and after January 1, 2005, all systems must be capable of operating within a 12.5 kHz channel.

* * * * *

Note to § 74.462: * * *

26. Section 74.482 is amended by

revising paragraphs (a) and (e) and by

designating the Note at the end of the

section as Note to § 74.482 to read as

follows:

§ 74.482 Station identification.

(a) Each remote pickup broadcast

station shall be identified by the

transmission of the assigned station or

system call sign, or by the call sign of

the associated broadcast station. For

systems, the licensee (including those

operating pursuant to § 74.24) shall

assign a unit designator to each station

in the system. The call sign and (unit

designator, where appropriate) shall be

transmitted at the beginning and end of

each period of operation. A period of

operation may consist of a single

continuous transmission, or a series of

intermittent transmissions pertaining to

a single event.

* * * * *

(e) For stations using F1E or G1E

emissions, identification shall be

transmitted in the unscrambled analog

(F3E) mode or in International Morse

Code pursuant to the provisions of

paragraph (d) of this section at intervals

not to exceed 15 minutes. For purposes

of rule enforcement, all licensees using

F1E or G1E emissions shall provide,

upon request by the Commission, a full

and complete description of the

encoding methodology they currently

use.

Note to § 74.482: * * *

27. Section 74.502 is amended by

removing the first four sentences of

paragraph (b) introductory text and

adding five new sentences in their place

to read as follows:

§ 74.502 Frequency assignment.

* * * * *

(b) The frequency band 944–952 MHz

is available for assignment to aural STL

and ICR stations. One or more of the

following 25 kHz segments may be

stacked to form a channel which may be

assigned with a maximum authorized

bandwidth of 300 kHz except as noted

further. The frequencies listed further

are the centers of individual segments.

When stacking an even number of

segments, the center frequency specified

will deviate from the list further in that

it should correspond to the actual center

of stacked channels. When stacking an

odd number of channels, the center

frequency specified will correspond to

one of the frequencies listed further. *

* *

* * * * *

28. Section 74.532 is amended by

removing the Note following paragraph

(d) and revising paragraph (f) to read as

follows:

§ 74.532 Licensing requirements.

* * * * *

(f) In case of permanent

discontinuance of operations of a station

licensed under this subpart, the licensee

shall cancel the station license using

FCC Form 601. For purposes of this

section, a station which is not operated

for a period of one year is considered to

have been permanently discontinued.

29. Section 74.534 is revised to read

as follows:

§ 74.534 Power limitations.

(a) Transmitter output power. (1)

Transmitter output power shall be

limited to that necessary to accomplish

the function of the system.

(2) In the 17,700 to 19,700 MHz band,

transmitter output power shall not

exceed 10 watts.

(b) In no event shall the average

equivalent isotropically radiated power

(EIRP), as referenced to an isotropic

radiator, exceed the values specified in

this section. In cases of harmful

interference, the Commission may, after

notice and opportunity for hearing,

order a change in the effective radiated

power of this station. The maximum

transmitter output power and maximum

allowable (EIRP) follows:

Frequency band (MHz)

Maximum

transmitter

output power

(watts) 1

Maximum

allowable

EIRP

(dBW)

944 to 952 ................................................................................................................................................................ ........................ +40

17,700 to 18,600 ...................................................................................................................................................... 10.0 +55

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28711

Frequency band (MHz)

Maximum

transmitter

output power

(watts) 1

Maximum

allowable

EIRP

(dBW)

18,600 to 19,700 ...................................................................................................................................................... ........................ +35

1Peak envelop power.

(c) The EIRP of transmitters that use

Automatic Transmitter Power Control

(ATPC) shall not exceed the EIRP

specified on the station authorization.

The EIRP of non-ATPC transmitters

shall be maintained as near as

practicable to the EIRP specified on the

station authorization.

30. Section 74.535 is amended by

revising paragraphs (a), (b) and (d),

removing paragraphs (e) and (f), and

redesignating paragraph (g) as new

paragraph (e) to read as follows:

§ 74.535 Emission and bandwidth.

(a) The mean power of emissions shall

be attenuated below the mean

transmitter power (P) in accordance

with the following schedule:

(1) When using frequency

modulation:

(i) On any frequency removed from

the assigned (center) frequency by more

than 50% up to and including 100% of

the authorized bandwidth: At least 25

dB;

(ii) On any frequency removed from

the assigned (center) frequency by more

than 100% up to and including 250% of

the authorized bandwidth: At least 35

dB;

(iii) On any frequency removed from

the assigned (center) frequency by more

than 250% of the authorized bandwidth:

At least 43+10 log10 (mean output power

in watts) dB, or 80 dB, whichever is the

lesser attenuation.

(2) When using transmissions

employing digital modulation

techniques:

(i) For operating frequencies below 15

GHz, in any 4 kHz band, the center

frequency of which is removed from the

assigned frequency by more than 50

percent up to and including 250 percent

of the authorized bandwidth: As

specified by the following equation but

in no event less than 50 decibels:

A = 35 + 0.8(P ¥ 50) + 10 Log10 B.

(Attenuation greater than 80 decibels is

not required.)

Where:

A = Attenuation (in decibels) below the

mean output power level.

P = Percent removed from the carrier

frequency.

B = Authorized bandwidth in MHz.

(ii) For operating frequencies above 15

GHz, in any 1 MHz band, the center

frequency of which is removed from the

assigned frequency by more than 50

percent up to and including 250 percent

of the authorized bandwidth: As

specified by the following equation but

in no event less than 11 decibels:

A = 11 + 0.4(P ¥ 50) + 10 Log10 B.

(Attenuation greater than 56 decibels is

not required)

(iii) In any 4 kHz band, the center

frequency of which is removed from the

assigned frequency by more than 250

percent of the authorized bandwidth: At

least 43+10 Log10 (mean output power

in watts) decibels, or 80 decibels,

whichever is the lesser attenuation.

(b) For all emissions not covered in

paragraph (a) of this section, the peak

power of emissions shall be attenuated

below the peak envelope transmitter

power (P) in accordance with the

following schedule:

(1) On any frequency 500 Hz inside

the channel edge up to and including

2500 Hz outside the same edge, the

following formula will apply:

A = 29 Log10 [(25/11)[(D + 2.5 ¥ (W/

2)]2] dB

(Attenuation greater than 50 decibels is

not required)

Where:

A = Attenuation (in dB) below the peak

envelope transmitter power.

D = the displacement frequency (kHz)

from the center of the authorized

bandwidth.

W = the channel bandwidth (kHz).

(2) On any frequency removed from

the channel edge by more than 2500 Hz:

At least 43+10 Log10 (P) dB.

* * * * *

(d) For purposes of compliance with

the emission limitation requirements of

this section, digital modulation

techniques are considered as being

employed when digital modulation

occupies 50 percent or more to the total

peak frequency deviation of a

transmitted radio frequency carrier. The

total peak frequency deviation will be

determined by adding the deviation

produced by the digital modulation

signal and the deviation produced by

any frequency division multiplex (FDM)

modulation used. The deviation (D)

produced by the FDM signal must be

determined in accordance with

§ 2.202(f) of this chapter.

* * * * *

§ 74.536 [Amended]

31. Section 74.536 is amended by

removing the entry for 31.0 to 31.3 and

footnotes 2 and 3 from the table in

paragraph (c).

32. Section 74.537 is amended by

revising paragraphs (b) and (c) to read

as follows:

§ 74.537 Temporary authorizations.

* * * * *

(b) A request for special temporary

authority for the operation of an aural

broadcast STL or an intercity relay

station must be made in accordance

with the procedures of § 1.931(b) of this

chapter.

(c) All requests for special temporary

authority of an aural broadcast auxiliary

stations must include full particulars

including: licensee’s name and address,

facility identification number of the

associated broadcast station(s), call

letters of the aural broadcast STL or

intercity relay station, if assigned, type

and manufacturer of equipment,

effective isotropic radiated power,

emission, frequency or frequencies

proposed for use, commencement and

termination date and location of the

proposed operation, and purpose for

which request is made including any

particular justification.

* * * * *

33. Section 74.551 is amended by

revising paragraph (a), removing

paragraphs (b) and (c), and

redesignating paragraph (d) as new

paragraph (b) to read as follows:

§ 74.551 Equipment changes.

(a) Modifications may be made to an

existing authorization in accordance

with §§ 1.929 and 1.947 of this chapter.

* * * * *

§ 74.561 [Amended]

34. Section 74.561 is amended by

removing the entry for 31,000 to 31,300

from the table.

35. Section 74.602 is amended by

revising paragraph (a) introductory text

preceding the table of frequency

assignment, footnote 2 of the table in

paragraph (a) introductory text, and

paragraphs (d), (f), (h), and (i)

28712 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

introductory text and by removing and

reserving paragraph (a)(2) to read as

follows:

§ 74.602 Frequency assignment.

(a) The following frequencies are

available for assignment to television

pickup, television STL, television relay

and television translator relay stations.

The band segments 17,700–18,580 and

19,260–19,700 MHz are available for

broadcast auxiliary stations as described

in paragraph (g) of this section.

Additionally, the band 38.6–40.0 GHz is

available for assignment without

channel bandwidth limitation to TV

pickup stations on a secondary basis to

fixed stations. The band segment 6425–

6525 MHz is available for broadcast

auxiliary stations as described in

paragraph (i) of this section. Broadcast

network-entities may also use the 1990–

2110, 6425–6525 and 6875–7125 MHz

bands for mobile television pickup only.

The table of frequency follows:

* * * * * 2The band 13.150–13.2125 GHz is reserved

exclusively for the assignment of Television

Pickup and CARS Pickup stations on a coequal basis. Fixed television auxiliary

stations licensed prior to the effective date of

the rules in ET Docket No. 98–206, may

continue operation on channels in the 13.15–

13.2125 GHz band, subject to periodic license

renewals.

* * * * *

(d) Cable television relay service

stations may be assigned channels in

Band D between 12,700 and 13,200 MHz

subject to the condition that no harmful

interference is caused to TV STL and TV

relay stations authorized at the time of

such grants. Similarly, new TV STL and

TV relay stations must not cause

harmful interference to community

antenna relay stations authorized at the

time of such grants. The use of channels

between 12,700 and 13,200 MHz by TV

pickup stations is subject to the

condition that no harmful interference

is caused to Cable Television Relay

Service stations, TV STL and TV relay

stations, except as provided for in

footnote 2 to the table in paragraph (a)

of this section. Band D channels are also

shared with certain Private Operational

Fixed Stations, see § 74.638.

* * * * *

(f) TV auxiliary stations licensed to

low power TV stations and translator

relay stations will be assigned on a

secondary basis, i.e., subject to the

condition that no harmful interference

is caused to other TV auxiliary stations

assigned to TV broadcast stations, or to

cable television relay service stations

(CARS) operating between 12,700 and

13,200 MHz. Auxiliary stations licensed

to low power TV stations and translator

relay stations must accept any

interference caused by stations having

primary use of TV auxiliary frequencies.

* * * * *

(h) TV STL, TV relay stations, and TV

translator relay stations may be

authorized to operate fixed point-topoint service on the UHF TV channels

14–69 on a secondary basis and subject

to the provisions of subpart G of this

part and those specified further:

(1) These stations must not interfere

with and must accept interference from

current and future full-power UHF–TV

stations, LPTV stations, and translator

stations. They will also be secondary to

land mobile stations in areas where land

mobile sharing is currently permitted.

(2) Applications for authorization in

accordance with this paragraph may be

submitted without an engineering

analysis if they comply with the

following technical requirements:

(i) Maximum EIRP is limited to 35

dBW;

(ii) Transmitting antenna beamwidth

is limited to 25 degrees (measured at the

3 dB points); and

(iii) Vertical polarization is used.

(i) 6425 to 6525 MHz-Mobile Only.

Paired and un-paired operations

permitted. Use of this spectrum for

direct delivery of video programs to the

general public or multi-channel cable

distribution is not permitted. This band

is co-equally shared with mobile

stations licensed pursuant to parts 78

and 101 of this chapter. The following

channel plans apply:

* * * * *

§ 74.603 [Amended]

36. Section 74.603 is amended by

removing and reserving paragraph (b).

§ 74.604 [Amended]

37. Section 74.604 is amended by

removing and reserving paragraph (a).

38. Section 74.631 is amended by

revising the first sentence of paragraph

(a) to read as follows:

§ 74.631 Permissible service.

(a) The licensee of a television pickup

station authorizes the transmission of

program material, orders concerning

such program material, and related

communications necessary to the

accomplishment of such transmissions,

from the scenes of events occurring in

places other than a television studio, to

its associated television broadcast

station, to an associated television relay

station, to such other stations as are

broadcasting the same program material,

or to the network or networks with

which the television broadcast station is

affiliated. * * *

* * * * *

39. Section 74.632 is amended by

removing the last two sentences of

paragraph (a) and the Note following

paragraph (f), and revising paragraphs

(c), (e), and (g).

§ 74.632 Licensing requirements.

* * * * *

(c) An application for a new TV

pickup station shall designate the TV

broadcast station with which it is to be

operated and specify the area in which

the proposed operation is intended. The

maximum permissible area of operation

will generally be that of a standard

metropolitan area, unless a special

showing is made that a larger area is

necessary.

* * * * *

(e) A license for a TV translator relay

station will be issued only to licensees

of low power TV and TV translator

stations. However, a television translator

relay station license may be issued to a

cooperative enterprise wholly owned by

licensees of television broadcast

translators or licensees of television

broadcast translators and cable

television owners or operators upon a

showing that the applicant is qualified

under the Communication Act of 1934,

as amended.

* * * * *

(g) In case of permanent

discontinuance of operations of a station

licensed under this subpart, the licensee

shall cancel the station license using

FCC Form 601. For purposes of this

section, a station which is not operated

for a period of one year is considered to

have been permanently discontinued.

40. Section 74.633 is amended by

revising paragraphs (b) and (c) to read

as follows:

§ 74.633 Temporary authorizations.

* * * * *

(b) A request for special temporary

authority for the operation of a remote

pickup broadcast station must be made

in accordance with the procedures of

§ 1.931(b) of this chapter.

(c) All requests for special temporary

authority of a television broadcast

auxiliary station must include full

particulars including: licensee’s name

and address, facility identification

number of the associated broadcast

station(s) (if any), call letters of the

television broadcast STL or intercity

relay station (if assigned), type and

manufacturer of equipment, effective

isotropic radiated power, emission,

frequency or frequencies proposed for

use, commencement and termination

date and location of the proposed

operation, and purpose for which

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28713

request is made including any particular

justification.

* * * * *

41. Section 74.636 is revised to read

as follows:

§ 74.636 Power limitations.

(a) On any authorized frequency,

transmitter peak output power and the

average power delivered to an antenna

in this service must be the minimum

amount of power necessary to carry out

the communications desired and shall

not exceed the values listed in this

paragraph (a). Application of this

principle includes, but is not to be

limited to, requiring a licensee who

replaces one or more of its antennas

with larger antennas to reduce its

antenna input power by an amount

appropriate to compensate for the

increased primary lobe gain of the

replacement antenna(s). In no event

shall the average equivalent

isotropically radiated power (EIRP), as

referenced to an isotropic radiator,

exceed the values specified in the table

in this paragraph (a). In cases of harmful

interference, the Commission may, after

notice and opportunity for hearing,

order a change in the effective radiated

power of this station. The table follows:

Frequency band (MHz)

Maximum allowable transmitter powerMaximum allowable EIRP

Fixed (W) Mobile (W) Fixed (dBW) Mobile (dBW)

2025 to 2110 ........................................................................................................ 20.0 12.0 +45 +35

2450 to 2500 ........................................................................................................ 20.0 12.0 +45 +35

6425 to 6525 ........................................................................................................ ...................... 12.0 ........................ +35

6875 to 7125 ........................................................................................................ 20.0 12.0 +55 +35

12,700 to 13,250 .................................................................................................. 5.0 1.5 +55 +45

17,700 to 18,600 .................................................................................................. 10.0 ...................... +55 ........................

18,600 to 18,8001 ................................................................................................ 10.0 ...................... +35 ........................

18,800 to 19,700 .................................................................................................. 10.0 ...................... +55 ........................

1The power delivered to the antenna is limited to ¥3 dBW.

(b) The EIRP of transmitters that use

Automatic Transmitter Power Control

(ATPC) shall not exceed the EIRP

specified on the station authorization.

The EIRP of non-ATPC transmitters

shall be maintained as near as

practicable to the EIRP specified on the

station authorization.

42. Section 74.637 is amended by

revising paragraphs (a), (b) and (c) and

by removing the entries for 31,000 to

31,300 and 38,600 to 40,000 from the

table in paragraph (g) to read as follows:

§ 74.637 Emissions and emission

limitations.

(a) The mean power of emissions shall

be attenuated below the mean

transmitter power (P) in accordance

with the following schedule:

(1) When using frequency

modulation:

(i) On any frequency removed from

the assigned (center) frequency by more

than 50% up to and including 100% of

the authorized bandwidth: At least 25

dB;

(ii) On any frequency removed from

the assigned (center) frequency by more

than 100% up to and including 250% of

the authorized bandwidth: At least 35

dB;

(iii) On any frequency removed from

the assigned (center) frequency by more

than 250% of the authorized bandwidth:

At least 43+10 log 10 (mean output

power in watts) dB, or 80 dB, whichever

is the lesser attenuation.

(2) When using transmissions

employing digital modulation

techniques:

(i) For operating frequencies below 15

GHz, in any 4 kHz band, the center

frequency of which is removed from the

assigned frequency by more than 50

percent up to and including 250 percent

of the authorized bandwidth: As

specified by the following equation but

in no event less than 50 decibels:

A = 35 + 0.8 (P ¥ 50) + 10 Log10 B.

(Attenuation greater than 80 decibels is

not required.)

Where:

A = Attenuation (in decibels) below the

mean output power level.

P = Percent removed from the carrier

frequency.

B = Authorized bandwidth in MHz.

(ii) For operating frequencies above 15

GHz, in any 1 MHz band, the center

frequency of which is removed from the

assigned frequency by more than 50

percent up to and including 250 percent

of the authorized bandwidth: As

specified by the following equation but

in no event less than 11 decibels:

A = 11 + 0.4(P ¥ 50) + 10 Log10 B.

(Attenuation greater than 56 decibels is

not required.)

(iii) In any 4 kHz band, the center

frequency of which is removed from the

assigned frequency by more than 250

percent of the authorized bandwidth: At

least 43 + 10 Log10 (mean output power

in watts) decibels, or 80 decibels,

whichever is the lesser attenuation.

(3) Amplitude Modulation. For

vestigial sideband AM video: On any

frequency removed from the center

frequency of the authorized band by

more than 50%: at least 50 dB below

peak power of the emission.

(b) For all emissions not covered in

paragraph (a) of this section, the peak

power of emissions shall be attenuated

below the peak envelope transmitter

power (P) in accordance with the

following schedule:

(1) On any frequency 500 Hz inside

the channel edge up to and including

2500 Hz outside the same edge, the

following formula will apply:

A = 29 Log10 [(25/11)[(D + 2.5 ¥ (W/

2)]2] dB

(Attenuation greater than 50 decibels is

not required.)

Where:

A = Attenuation (in dB) below the peak

envelope transmitter power.

D = the displacement frequency (kHz)

from the center of the authorized

bandwidth.

W = the channel bandwidth (kHz).

(2) On any frequency removed from

the channel edge by more than 2500 Hz:

At least 43 + 10 Log10 (P) dB.

(c) For purposes of compliance with

the emission limitation requirements of

this section, digital modulation

techniques are considered as being

employed when digital modulation

occupies 50 percent or more to the total

peak frequency deviation of a

transmitted radio frequency carrier. The

total peak frequency deviation will be

determined by adding the deviation

produced by the digital modulation

signal and the deviation produced by

any frequency division multiplex (FDM)

modulation used. The deviation (D)

produced by the FDM signal must be

28714 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

determined in accordance with

§ 2.202(f) of this chapter.

* * * * *

43. Section 74.638 is revised to read

as follows:

§ 74.638 Frequency coordination.

(a) Coordination of all assignments

above 1990 MHz will be in accordance

with the procedure established in

§ 101.103(d) of this chapter, except that

the prior coordination process for

mobile (temporary fixed) assignments

may be completed orally and the period

allowed for response to a coordination

notification may be less than 30 days if

the parties agree.

(b) Channels in Band D are shared

with certain Private Operational Fixed

Stations authorized under part 101,

§ 101.147(p) of this chapter and Cable

Television Relay Stations authorized

under part 78, § 78.18 of this chapter.

All Broadcast Auxiliary use of these

bands is subject to coordination using

the following procedure:

(1) Before filing an application for

new or modified facilities under this

part, the applicant must perform a

frequency engineering analysis to

ensure that the proposed facilities will

not cause interference to existing or

previously applied for stations in this

band of a magnitude greater than that

specified in paragraphs (b)(2) and (b)(3)

of this section.

(2) The general criteria for

determining allowable adjacent or cochannel interference protection to be

afforded, regardless of system length or

type of modulation, multiplexing or

frequency band, shall be such that the

interfering signal shall not produce

more than 1.0 dB degradation of the

practical threshold of the protected

receiver. Degradation is determined by

calculating the ratio in dB between the

desired carrier signal and undesired

interfering signal (C/I ratio) appearing at

the input to the receiver under

investigation (the victim receiver). The

development of the C/I ratios from the

criteria for maximum allowable

interference level per exposure and the

methods used to perform path

calculations shall follow generally

acceptable good engineering practices.

Procedures as may be developed by the

Electronics Industries Association (EIA),

the Institute of Electrical and

Electronics Engineers, Inc. (IEEE), the

American National Standards Institute

(ANSI) or any other recognized

authority will be acceptable to the FCC.

(3) Where the development of the

carrier to interference ratio (C/I) is not

covered by generally acceptable

procedures or where the applicant does

not wish to develop the carrier to

interference ratio, the applicant shall

employ the following C/I protection

ratios:

(i) Co-channel interference: For both

sideband and carrier-beat, (applicable to

all bands), the previously authorized

system shall be afforded a carrier to

interfering signal protection ratio of at

least 90 dB.

(ii) Adjacent channel interference:

The existing or previously authorized

system shall be afforded a carrier to

interfering signal protection ratio of at

least 56 dB.

44. Section 74.641 is amended by

revising paragraphs (a) introductory

text, (a)(5) and (b) introductory text and

by removing the entry for 31,000 to

31,300 and footnotes 2 and 3 from the

table in paragraph (a)(1), to read as

follows:

§ 74.641 Antenna systems.

(a) For fixed stations operating above

2025 MHz, the following standards

apply:

* * * * *

(5) Pickup stations are not subject to

the performance standards stated in this

section.

(b) All fixed stations are to use

antenna systems in conformance with

the standards of this section. TV

auxiliary broadcast stations are

considered to be located in an area

subject to frequency congestion and

must employ a Category A antenna

when:

* * * * *

45. Section 74.643 is revised to read

as follows:

§ 74.643 Interference to geostationarysatellites.

Applicants and licensees must

comply with § 101.145 of this chapter to

minimize the potential of interference to

geostationary satellites.

46. Section 74.644 is amended by

revising the table in paragraph (a) and

paragraph (b) to read as follows:

§ 74.644 Minimum path lengths for fixed

links.

(a) * * *

Frequency band (MHz)

Minimum

path

length

(km)

Below 1990 ........................... n/a

1990–7125 ............................ 17

12,200–13,250 ...................... 5

Above 17,700 ....................... n/a

(b) For paths shorter than those

specified in the Table, the EIRP shall

not exceed the value derived from the

following equation:

EIRP = MAXEIRP ¥ 40 log(A/B) dBW

Where:

EIRP = The new maximum EIRP

(equivalent isotropically radiated

power) in dBW.

MAXEIRP = Maximum EIRP as set forth

in the Table in § 74.636 of this part.

A = Minimum path length from the

Table above for the frequency band

in kilometers.

B = The actual path length in

kilometers.

Note to Paragraph (b): For transmitters

using Automatic Transmitter Power Control,

EIRP corresponds to the maximum

transmitter power available, not the

coordinated transmit power or the nominal

transmit power.

* * * * *

47. Section 74.651 is amended by

revising paragraphs (a) and (b),

removing paragraphs (c) and (d), and

redesignating paragraph (e) as new

paragraph (c) to read as follows:

§ 74.651 Equipment changes.

(a) Modifications may be made to an

existing authorization in accordance

with §§ 1.929 and 1.947 of this chapter.

(b) Multiplexing equipment may be

installed on any licensed TV broadcast

STL, TV relay or translator relay station

without authority from the Commission.

* * * * *

§ 74.655 [Amended]

48. Section 74.655 is amended by

removing the last sentence of paragraph

(a).

49. Section 74.661 is amended by

revising the table to read as follows:

§ 74.661 Frequency tolerance.

* * * * *

Frequency band (MHz)

Frequency tolerance

(%)

1990 to 2110 .................... 1 0.005

2450 to 2483.5 ................. 0.001

6425 to 6525 .................... 0.005

6875 to 7125 .................... 1 0.005

12,700 to 13,250 .............. 1 0.005

17,700 to 18,820 .............. 0.003

18,920 to 19,700 .............. 0.003

1Television translator relay stations shall

maintain a frequency tolerance of 0.002%.

50. Section 74.801 is amended by

adding a definition for Wireless Assist

Video Device in alphabetical order to

read as follows:

§ 74.801 Definitions.

* * * * *

Wireless assist video device. An

auxiliary station authorized and

operated by motion picture and

television program producers pursuant

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28715

to the provisions of this subpart. These

stations are intended to transmit over

distances of approximately 300 meters

for use as an aid in composing camera

shots on motion picture and television

sets.

51. Section 74.802 is amended by

revising paragraph (b)(3) to read as

follows:

§ 74.802 Frequency assignment.

* * * * *

(b) * * *

(3) 470.000–608.000 MHz and

614.000–806.000 MHz: All zones 113

km (70 miles).

* * * * *

52. Section 74.832 is amended by

revising paragraphs (e), (g), and (i) to

read as follows:

§ 74.832 Licensing requirements and

procedures.

* * * * *

(e) An application for low power

auxiliary stations or for a change in an

existing authorization shall specify the

broadcast station, or the network with

which the low power broadcast

auxiliary facilities are to be principally

used as given in paragraph (h) of this

section; or it shall specify the motion

picture or television production

company or the cable television

operator with which the low power

broadcast auxiliary facilities are to be

solely used. A single application, filed

on FCC Form 601 may be used in

applying for the authority to operate one

or more low power auxiliary units. The

application must specify the frequency

bands which will be used. Motion

picture producers, television program

producers, and cable television

operators are required to attach a single

sheet to their application form

explaining in detail the manner in

which the eligibility requirements given

in paragraph (a) of this section are met.

* * * * *

(g) Low power auxiliary licensees

shall specify the maximum number of

units that will be operated.

* * * * *

(i) In case of permanent

discontinuance of operations of a station

licensed under this subpart, the licensee

shall cancel the station license using

FCC Form 601. For purposes of this

section, a station which is not operated

for a period of one year is considered to

have been permanently discontinued.

* * * * *

53. Section 74.833 is amended by

revising paragraphs (b) and (c) to read

as follows:

§ 74.833 Temporary authorizations.

* * * * *

(b) A request for special temporary

authority for the operation of a remote

pickup broadcast station must be made

in accordance with the procedures of

§ 1.931(b) of this chapter.

(c) All requests for special temporary

authority of a low power auxiliary

station must include full particulars

including: licensees name and address,

statement of eligibility, facility

identification number of the associated

broadcast station (if any), type and

manufacturer of equipment, power

output, emission, frequency or

frequencies proposed to be used,

commencement and termination date,

location of proposed operation, and

purpose for which request is made

including any particular justification.

* * * * *

54. Section 74.870 is added to read as

follows:

§ 74.870 Wireless video assist devices.

Television Broadcast Auxiliary

licensees and motion picture and

television producers, as defined in

§ 74.801, may operate wireless video

assist devices on a non-interference

basis on VHF and UHF television

channels to assist with production

activities.

(a) The use of wireless video assist

devices must comply with all provisions

of this subpart, except as indicated in

paragraphs (b) through (i) of this

section.

(b) Wireless video assist devices may

only be used for scheduled productions.

They may not be used to produce live

events and may not be used for

electronic news gathering purposes.

(c) Wireless video assist devices may

operate with a bandwidth not to exceed

6 MHz on frequencies in the band 180–

210 MHz (TV channels 8–12) and 470–

698 MHz (TV channels 14–51) subject to

the following restrictions:

(1) The bandwidth may only occupy

a single TV channel.

(2) Operation is prohibited within the

608–614 MHz (TV channel 37) band.

(3) Operation is prohibited within 129

km of a television broadcasting station,

including Class A television stations,

low power television stations and

translator stations.

(4) For the area and frequency

combinations listed in the following

table, operation is prohibited within the

distances indicated from the listed

geographic coordinates (Note: All

coordinates are referenced to the North

American Datum of 1983.):

Area North

latitude

West

longitude

Excluded

frequencies

(MHz)

Excluded channels

200 km 128 km 52 km

Boston, MA ............................ 42°21′24.4′′ .. 71°03′23.2′′ .. 470–476 14

476–482 15

482–488 16

488–494 17

Chicago, IL ............................. 41°52′28.1′′ .. 87°38′22.2′′ .. 470–476 14

476–482 15

482–488 16

Cleveland, OH 1 ..................... 41°29′ 51.2′′ 81°41′ 49.5′′ 470–476 14

476–482 15

482–488 16

488–494 17

Dallas/Fort Worth, TX ............ 32°47′09.5′′ .. 96°47′38.0′′ .. 476–482 15

482–488 16

488–494 17

Detroit, MI 1 ............................ 42°19′48.1′′ .. 83°02′56.7′′ .. 470–476 14

476–482 15

482–488 16

488–494 17

Gulf of Mexico ........................ 476–494 15, 16, 17

Hawaii .................................... 488–494 17

Houston, TX ........................... 29°45′26.8′′ .. 95°21′37.8′′ .. 482–488 16

488–494 17

28716 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

Area North

latitude

West

longitude

Excluded

frequencies

(MHz)

Excluded channels

200 km 128 km 52 km

494–500 18

Los Angeles, CA .................... 34°03′15.0′′ .. 118°14′31.3′′ 470–476 14

476–482 15

482–488 16

488–494 17

500–506 19

506–512 20

512–518 21

Miami, Fl ................................ 25°46′38.4′′ .. 80°11′31.2′′ .. 470–476 14

476–482 15

New York/N.E. New Jersey ... 40°45′06.4′′ .. 73°59′37.5′′ .. 470–476 14

476–482 15

482–488 16

488–494 17

Philadelphia, PA ..................... 39°56′58.4′′ .. 75°09′19.6′′ .. 494–500 18

500–506 19

506–512 20

512–518 21

Pittsburgh, PA ........................ 40°26′19.2′′ .. 79°59′59.2′′ .. 470–476 14

476–482 15

488–494 17

494–500 18

500–506 19

San Francisco/Oakland, CA .. 37°46′38.7′′ .. 122°24′43.9′′ 476–482 15

482–488 16

488–494 17

494–500 18

Washington D.C./MD/VA ....... 38°53′51.4′′ .. 77°00′31.9′′ .. 482–488 16

488–494 17

494–500 18

500–506 19

1The distance separation requirements are not applicable in these cities until further order from the Commission.

(d) Wireless video assist devices are

limited to a maximum of 250 milliwatts

ERP and must limit power to that

necessary to reliably receive a signal at

a distance of 300 meters.

(e) The antenna of a wireless video

assist device must be permanently

attached to the transmitter. When

transmitting the antenna must not be

more that 10 meters above ground level.

(f)(1) A license for a wireless video

assist device will authorize the license

holder to use all frequencies available

for wireless video assist devices, subject

to the limitations specified in this

section.

(2) Licensees may operate as many

wireless video assist devices as

necessary, subject to the notification

procedures of this section.

(g) Notification procedure. Prior to the

commencement of transmitting,

licensees must notify the local

broadcasting coordinator of their intent

to transmit. If there is no local

coordinator in the intended area of

operation, licensees must notify all

adjacent channel TV stations within 161

km (100 mi) of the proposed operating

area.

(1) Notification must be made at least

10 working days prior to the date of

intended transmission.

(2) Notifications must include:

(i) Frequency or frequencies.

(ii) Location.

(iii) Antenna height.

(iv) Emission type(s).

(v) Effective radiated power.

(vi) Intended dates of operation.

(vii) Licensee contact information.

(3) Failure of a coordinator to respond

to a notification request prior to the

intended dates of operation indicated on

the request will be considered as having

the approval of the coordinator.

(4) Licensees must operate in a

manner consistent with the response of

the coordinator. Disagreements may be

appealed to the Commission. However,

in those instances, the licensee will bear

the burden of proof and proceeding to

overturn a coordinator’s

recommendation.

(h) Licenses for wireless video assist

devices may not be transferred or

assigned.

(i) The product literature that

manufacturers include with a wireless

assist video device must contain

information regarding the requirement

for users to obtain an FCC license, the

requirement that stations must locate at

least 129 kilometers away from a cochannel TV station, the limited class of

users that may operate these devices,

the authorized uses, the need for users

to obtain a license, and the requirement

that a local coordinator (or adjacent

channel TV stations, if there is no local

coordinator) must be notified prior to

operation.

55. Section 74.882 is revised to read

as follows:

§ 74.882 Station identification.

(a) For transmitters used for voice

transmissions and having a transmitter

output power exceeding 50 mW, an

announcement shall be made at the

beginning and end of each period of

operation at a single location, over the

transmitting unit being operated,

identifying the transmitting unit’s call

sign or designator, its location, and the

call sign of the broadcasting station or

name of the licensee with which it is

being used. A period of operation may

consist of a continuous transmission or

intermittent transmissions pertaining to

a single event.

(b) Each wireless video assist device,

when transmitting, must transmit

station identification at the beginning

and end of each period of operation.

Identification may be made by

transmitting the station call sign by

visual or aural means or by automatic

transmission in international Morse

telegraphy.

(1) A period of operation is defined as

a single uninterrupted transmission or a

Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules 28717

series of intermittent transmissions from

a single location.

(2) Station identification shall be

performed in a manner conducive to

prompt association of the signal source

with the responsible licensee. In

exercising the discretion provided by

this section, licensees are expected to

act in a responsible manner to assure

that result.

PART 78—CABLE TELEVISION RELAY

SERVICE

56. The authority citation for part 78

continues to read as follows:

Authority: Secs. 2, 3, 4, 301, 303, 307, 308,

309, 48 Stat., as amended, 1064, 1065, 1066,

1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152,

153, 154, 301, 303, 307, 308, 309.

57. Section 78.36 is revised to read as

follows:

§ 78.36 Frequency coordination.

(a) Coordination of all assignments

will be in accordance with the

procedure established in paragraph (b)

of this section, except that the prior

coordination process for mobile

(temporary fixed) assignments may be

completed orally and the period

allowed for response to a coordination

notification may be less than 30 days if

the parties agree.

(b) Frequency coordination. For each

frequency authorized under this part,

the following frequency usage

coordination procedures will apply:

(1) General requirements. Proposed

frequency usage must be prior

coordinated with existing licensees,

permittees and applicants in the area,

and other applicants with previously

filed applications, whose facilities could

affect or be affected by the new proposal

in terms of frequency interference on

active channels, applied-for channels, or

channels coordinated for future growth.

Coordination must be completed prior

to filing an application for regular

authorization, or a major amendment to

a pending application, or any major

modification to a license. In

coordinating frequency usage with

stations in the fixed satellite service,

applicants must also comply with the

requirements of § 101.21(f) of this

chapter. In engineering a system or

modification thereto, the applicant

must, by appropriate studies and

analyses, select sites, transmitters,

antennas and frequencies that will avoid

interference in excess of permissible

levels to other users. All applicants and

licensees must cooperate fully and make

reasonable efforts to resolve technical

problems and conflicts that may inhibit

the most effective and efficient use of

the radio spectrum; however, the party

being coordinated with is not obligated

to suggest changes or re-engineer a

proposal in cases involving conflicts.

Applicants should make every

reasonable effort to avoid blocking the

growth of systems as prior coordinated.

The applicant must identify in the

application all entities with which the

technical proposal was coordinated. In

the event that technical problems are

not resolved, an explanation must be

submitted with the application. Where

technical problems are resolved by an

agreement or operating arrangement

between the parties that would require

special procedures be taken to reduce

the likelihood of interference in excess

of permissible levels (such as the use of

artificial site shielding) or would result

in a reduction of quality or capacity of

either system, the details thereof may be

contained in the application.

(2) Coordination procedure guidelines

are as follows:

(i) Coordination involves two separate

elements: notification and response.

Both or either may be oral or in written

form. To be acceptable for filing, all

applications and major technical

amendments must certify that

coordination, including response, has

been completed. The names of the

licensees, permittees and applicants

with which coordination was

accomplished must be specified. If such

notice and/or response is oral, the party

providing such notice or response must

supply written documentation of the

communication upon request;

(ii) Notification must include relevant

technical details of the proposal. At

minimum, this should include, as

applicable, the following:

(A) Applicant’s name and address.

(B) Transmitting station name.

(C) Transmitting station coordinates.

(D) Frequencies and polarizations to

be added, changed or deleted.

(E) Transmitting equipment type, its

stability, actual output power, emission

designator, and type of modulation

(loading).

(F) Transmitting antenna type(s),

model, gain and, if required, a radiation

pattern provided or certified by the

manufacturer.

(G) Transmitting antenna center line

height(s) above ground level and ground

elevation above mean sea level.

(H) Receiving station name.

(I) Receiving station coordinates.

(J) Receiving antenna type(s), model,

gain, and, if required, a radiation pattern

provided or certified by the

manufacturer.

(K) Receiving antenna center line

height(s) above ground level and ground

elevation above mean sea level.

(L) Path azimuth and distance.

(M) Estimated transmitter

transmission line loss expressed in dB.

(N) Estimated receiver transmission

line loss expressed in dB.

(O) For a system utilizing ATPC,

maximum transmit power, coordinated

transmit power, and nominal transmit

power;

Note to Paragraph (b)(2)(ii): The position

location of antenna sites shall be determined

to an accuracy of no less than ±1 second in

the horizontal dimensions (latitude and

longitude) and ±1 meter in the vertical

dimension (ground elevation) with respect to

the National Spacial Reference System.

(iii) For transmitters employing digital

modulation techniques, the notification

should clearly identify the type of

modulation. Upon request, additional

details of the operating characteristics of

the equipment must also be furnished;

(iv) Response to notification should

be made as quickly as possible, even if

no technical problems are anticipated.

Any response to notification indicating

potential interference must specify the

technical details and must be provided

to the applicant, in writing, within the

30-day notification period. Every

reasonable effort should be made by all

applicants, permittees and licensees to

eliminate all problems and conflicts. If

no response to notification is received

within 30 days, the applicant will be

deemed to have made reasonable efforts

to coordinate and may file its

application without a response;

(v) The 30-day notification period is

calculated from the date of receipt by

the applicant, permittee, or licensee

being notified. If notification is by mail,

this date may be ascertained by:

(A) The return receipt on certified

mail;

(B) The enclosure of a card to be dated

and returned by the recipient; or

(C) A conservative estimate of the

time required for the mail to reach its

destination. In the last case, the

estimated date when the 30-day period

would expire should be stated in the

notification;

(vi) An expedited prior coordination

period (less than 30 days) may be

requested when deemed necessary by a

notifying party. The coordination notice

should be identified as ‘‘expedited’’ and

the requested response date should be

clearly indicated. However,

circumstances preventing a timely

response from the receiving party

should be accommodated accordingly. It

is the responsibility of the notifying

party to receive written concurrence (or

verbal, with written to follow) from

affected parties or their coordination

representatives;

(vii) All technical problems that come

to light during coordination must be

28718 Federal Register / Vol. 66, No. 101 / Thursday, May, 24, 2001 / Proposed Rules

resolved unless a statement is included

with the application to the effect that

the applicant is unable or unwilling to

resolve the conflict and briefly the

reason therefor;

(viii) Where a number of technical

changes become necessary for a system

during the course of coordination, an

attempt should be made to minimize the

number of separate notifications for

these changes. Where the changes are

incorporated into a completely revised

notice, the items that were changed

from the previous notice should be

identified. When changes are not

numerous or complex, the party

receiving the changed notification

should make an effort to respond in less

than 30 days. When the notifying party

believes a shorter response time is

reasonable and appropriate, it may be

helpful for that party to so indicate in

the notice and perhaps suggest a

response date;

(ix) If, after coordination is

successfully completed, it is determined

that a subsequent change could have no

impact on some parties receiving the

original notification, these parties must

be notified of the change and of the

coordinator’s opinion that no response

is required;

(x) Applicants, permittees and

licensees should supply to all other

applicants, permittees and licensees

within their areas of operations, the

name, address and telephone number of

their coordination representatives. Upon

request from coordinating applicants,

permittees and licensees, data and

information concerning existing or

proposed facilities and future growth

plans in the area of interest should be

furnished unless such request is

unreasonable or would impose a

significant burden in compilation;

(xi) Parties should keep other parties

with whom they are coordinating

advised of changes in plans for facilities

previously coordinated. If applications

have not been filed 6 months after

coordination was initiated, parties may

assume that such frequency use is no

longer desired unless a second

notification has been received within 10

days of the end of the 6 month period.

Renewal notifications are to be sent to

all originally notified parties, even if

coordination has not been successfully

completed with those parties; and

(xii) Any frequency reserved by a

licensee for future use in the bands

subject to this part must be released for

use by another licensee, permittee or

applicant upon a showing by the latter

that it requires an additional frequency

and cannot coordinate one that is not

reserved for future use.

58. Section 78.101 is amended by

removing the entry for 2,025 to 2,110

MHz and adding a new entry for 1,990

to 2,110 MHz in numerical order in the

table in paragraph (a) and adding

paragraph (c) to read as follows:

§ 78.101 Power limitations.

(a) ****

Frequency band (MHz)

Maximum allowable transmitter

power

Maximum allowable EIRP

Fixed (W) Mobile (W) Fixed (dBW) Mobile (dBW)

1,990 to 2,110 .................................................................................................. ........................ 20.0 ........................ +35

*******

* * * * *

(c) The EIRP of transmitters that use

Automatic Transmitter Power Control

(ATPC) shall not exceed the EIRP

specified on the station authorization.

The EIRP of non-ATPC transmitters

shall be maintained as near as

practicable to the EIRP specified on the

station authorization.

§ 78.103 [Amended]

59. Section 78.103 is amended by

removing the entry for 31,000 to 31,300

from the table in paragraph (e).

§ 78.105 [Amended]

60. Section 78.105 is amended by

removing the entries for 31,000 to

31,300 and 38,600 to 40,000, and

Footnotes 2 and 3 from the table in

paragraph (a)(1).

61. Section 78.106 is revised to read

as follows:

§ 78.106 Interference to geostationarysatellites.

Applicants and licensees must

comply with § 101.145 of this chapter to

minimize the potential of interference to

geostationary satellites.

62. Section 78.108 is amended by

revising paragraph (b) to read as follows:

§ 78.108 Minimum path lengths for fixed

links.

* * * * *

(b) For paths shorter than those

specified in the Table in paragraph (a)

of this section, the EIRP shall not exceed

the value derived from the following

equation:

EIRP = MAXEIRP ¥ 40 log(A/B) dBW

Where:

EIRP = The new maximum EIRP

(equivalent isotropically radiated

power) in dBW.

MAXEIRP = Maximum EIRP as set forth

in the Table in § 74.636 of this part.

A = Minimum path length from the

Table above for the frequency band

in kilometers.

B = The actual path length in

kilometers.

Note to Paragraph (b): For transmitters

using Automatic Transmitter Power Control,

EIRP corresponds to the maximum

transmitter power available, not the

coordinated transmit power or the nominal

transmit power.

* * * * *

§ 78.111 [Amended]

63. Section 78.111 is amended by

removing the entry for 31,000 to 31,300

from the table.

[FR Doc. 01–11539 Filed 5–23–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 54

[CC Docket Nos. 96–45, 98–171, 90–571, 92–

237, 99–200, 95–116; FCC 01–145]

Federal-State Joint Board on Universal

Service.

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: In this document, the

Commission seeks comment on how to

streamline and reform both the manner

in which the Commission assesses

carrier contributions to the universal

service fund and the manner in which

carriers may recover those costs from

their customers.

DATES: Comments are due on or before

June 25, 2001. Reply comments are due

on or before July 9, 2001. Written