Federal Register / Vol. 66, No. 129 / Thursday, July 5, 2001 / Proposed Rules 35399

Boards of Medicine and Nursing,

requesting exemption from physician

supervision for CRNAs. The letter from

the Governor must attest that he or she

has consulted with State Boards of

Medicine and Nursing about issues

related to access to and the quality of

anesthesia services in the State and has

concluded that it is in the best interests

of the State’s citizens to opt-out of the

current physician supervision

requirement, and that the opt-out is

consistent with State law.

(2) The request for exemption and

recognition of State laws and the

withdrawal of the request may be

submitted at any time, and are effective

upon submission.

(Catalog of Federal Domestic Assistance

Program No. 93.778, Medical Assistance

Program)

(Catalog of Federal Domestic Assistance

Program No. 93.773, Medicare—Hospital

Insurance; and Program No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: June 6, 2001.

Thomas A. Scully,

Administrator, Health Care Financing

Administration.

Approved: July 2, 2001.

Tommy G. Thompson,

Secretary.

[FR Doc. 01–16964 Filed 7–3–01; 8:45 am]

BILLING CODE 4210–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2, 25, 101

[IB Docket No. 97–95; FCC 01–182]

Allocation and Designation of

Spectrum in the 36.0–43.5 GHz Band

AGENCY: Federal Communications

Commission.

ACTION: Further notice of proposed

rulemaking.

SUMMARY: This document proposes rule

changes to the domestic frequency

spectrum plan to provide satellite and

terrestrial operators greater certainty

about the scope of operations in the

36.0–43.5 GHz band. This document

also proposes to adopt specific power

flux-density limits on satellite

operations in portions of this band. The

proposed rules reflect decisions reached

at the 2000 World Radiocommunication

Conference (WRC–2000) in Istanbul,

Turkey.

DATES: Submit comments on or before

September 4, 2001. Submit reply

comments on or before October 3, 2001.

ADDRESSES: Federal Communications

Commission, 445 12th Street, SW.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Trey

Hanbury, Planning and Negotiations

Division, International Bureau (202)

418–0766 or via electronic mail:

ghanbury@fcc.gov, or Charles Breig,

Planning and Negotiations Division,

International Bureau (202) 418–2156 or

via electronic mail: cbreig@fcc.gov.

SUPPLEMENTARY INFORMATION: This

document is a summary of the

Commission’s Further Notice of

Proposed Rulemaking in IB Docket No.

97–95, RM–8811, adopted May 24, 2001

and released May 31, 2001. The Report

and Order in IB Docket 97–95, RM–

8811, was adopted December 17, 1998

and released December 23, 1998. 64 FR

2585, January 15, 1999. The full text of

this Commission further notice of

proposed rulemaking is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room CY–A257) 445 12th

Street, S.W., Washington, DC and may

also be purchased from the Commission

copy contractor, International

Transcription Services (ITS), Inc., (202)

857–3800, 1231 20th Street, N.W.,

Washington, D.C. 20036. The full text of

this Commission further notice of

proposed rulemaking is also available

online at http://www.fcc.gov/ib/docs/

finalcir.doc.

Summary of the Further Notice of

Proposed Rulemaking

This document seeks comment on

proposed modifications to the 36.0–43.5

GHz portion of the band plan that

would harmonize the domestic band

plan with the international sharing

arrangement established at WRC–2000

and promote spectrum efficiency. In

general, the Commission proposes to

designate the 37.0–40.0 GHz band and

the 42.0–42.5 GHz band for wireless

services and to designate the 40.0–42.0

GHz band for satellite services.

Specifically, the Commission proposes:

(1) To re-designate the 41.0–42.0 GHz

band for satellite services and the 37.6–

38.6 GHz band for wireless services; and

(2) to add a designation to the 40.5–41.0

GHz band for MSS. The Commission

also proposes to adopt or to consider

several changes to the table of frequency

allocations, including the following: (1)

Adding a Fixed-Satellite Service (FSS)

allocation in the 37.5–37.6 GHz band;

(2) shifting the Mobile-Satellite Service

(MSS) allocation from the 39.5–40.0

GHz band to the 40.5–41.0 GHz band;

(3) adding a primary Government FSS

allocation to the 40.5–41.0 GHz band;

(4) adding a primary FSS allocation in

the 41.0–42.0 GHz band; (5) considering

the addition of fixed and mobile for

non-Government use to the 42.5–43.5

GHz band; and (6) providing additional

protection to Radio Astronomy in the

42.5–43.5 GHz band. Finally, the

Commission proposes to better define

the spectrum designations that the

Commission chose for the 36.0–51.4

GHz band. The Commission seeks

comment on the general approach to the

proposed domestic implementation of

the U.S. achievements at WRC–2000

and on each of the proposals

individually. While the proposed band

plan alters the layout of satellite and

terrestrial service designations in the

band to recognize the U.S. achievements

at WRC–2000, the proposed band plan

would not change the total spectrum

currently designated for use by satellite

and terrestrial wireless services.

Paperwork Reduction Act Analysis

Because there are no new or modified

paperwork requirements in the

proposed rules, there is no increase in

paperwork burden associated with this

rulemaking.

Initial Regulatory Flexibility Analysis

As required by the Regulatory

Flexibility Act (RFA), 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 this Further

Notice of Proposed Rulemaking. Written

public comments are requested on this

IRFA. Comments must be identified as

responses to the IRFA and must be filed

by the deadlines for comments on the

Further Notice of Proposed Rulemaking.

The Commission will send a copy of the

Further Notice of Proposed Rulemaking,

including this IRFA, to the Chief

Counsel for Advocacy of the Small

Business Administration. See 5 U.S.C.

603(a).

A. Need for and Objectives of the

Proposed Rules

In this Further Notice of Proposed

Rulemaking, the Commission proposes

to modify the band segmentation plan

governing operations in the 36.0–43.5

GHz band to reflect decisions reached at

the 2000 World Radiocommunication

Conference (WRC–2000). To provide

satellite and terrestrial operators with

greater certainty about the scope of

operations in this band, the Commission

also proposes specific power flux

density (PFD) limits on satellite

operations in portions of this band. In

the Further Notice of Proposed

Rulemaking, the Commission proposes

to re-designate the 41.0–42.0 GHz band

35400 Federal Register / Vol. 66, No. 129 / Thursday, July 5, 2001 / Proposed Rules

for satellite services and the 37.6–38.6

GHz band for wireless services and to

add a designation to the 40.5–41.0 GHz

band for MSS. The Commission also

proposes to adopt or consider adopting

several changes to the table of frequency

allocations, including: Adding an FSS

allocation in the 37.5–37.6 GHz band

that would give FSS gateways more

flexibility by allowing access to an

additional 100 megahertz of spectrum;

shifting the MSS allocation from the

39.5–40.0 GHz band to the 40.5–41.0

GHz band to meet specific U.S.

government requirements, including

NATO treaty obligations; adding a

primary government FSS allocation to

the 40.5–41.0 GHz band to offset the

proposal to designate the 37.0–40.0 GHz

band for wireless services that would

eliminate a portion of the one gigahertz

of spectrum that the U.S. government

has sought for its use; adding a primary

FSS allocation in the 41.0–42.0 GHz

band to shift FSS to above 40 GHz,

while maintaining the 2 gigahertz of

spectrum the Commission has

designated for its use; adding nongovernment fixed and mobile services to

the 42.5–43.5 GHz band that is currently

available only for U.S. government use;

and providing additional protection to

Radio Astronomy in the 42.5–43.5 GHz

band.

B. Legal Basis

The proposed action is taken pursuant

to sections 1, 4(i), 301, 302, 303(e),

303(f), 303(g), 303(r), 304, and 307 of the

Communications Act of 1934, as

amended, 47 U.S.C. 151, 154(i), 301,

302, 303(e), 303(f), 303(g), 303(r), 304,

and 307.

C. Description and Estimate of the

Number of Small Entities to Which the

Proposed Rules Will Apply

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. 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 the

Small Business Act. A small business

concern is one which: (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). A small

organization is generally ‘‘any not-forprofit enterprise which is independently

owned and operated and is not

dominant in its field.’’ Nationwide, as of

1992, there were approximately 275,801

small organizations. ‘‘Small

governmental jurisdiction’’ generally

means ‘‘governments of cities, counties,

towns, townships, villages, school

districts, or special districts, with a

population of less than 50,000.’’ As of

1992, there were approximately 85,006

such jurisdictions in the United States.

This number includes 38,978 counties,

cities, and towns; of these, 37,566, or 96

percent, have populations of fewer than

50,000. The Census Bureau estimates

that this ratio is approximately accurate

for all governmental entities. Thus, of

the 85,006 governmental entities, the

Commission estimates that 81,600 (96

percent) are small entities.

Regarding future satellite use of the

bands that are the subject of this

rulemaking, the Commission has not

developed a definition of small entities

applicable to geostationary or nongeostationary orbit fixed-satellite service

applicants or licensees. Therefore, the

applicable definition of small entity is

the definition under the Small Business

Administration (SBA) rules applicable

to Communications Services, Not

Elsewhere Classified. This definition

provides that a small entity is one with

$11.0 million or less in annual receipts.

According to Census Bureau data, there

are 848 firms that fall under the category

of Communications Services, Not

Elsewhere Classified, which could

potentially fall into the geostationary or

non-geostationary orbit fixed-satellite

service category. Of those,

approximately 775 reported annual

receipts of $11 million or less and

qualify as small entities. Generally,

these NGSO and GSO FSS systems cost

several millions of dollars to construct

and operate. Therefore the NGSO and

GSO FSS companies, or their parent

companies, rarely qualify under this

definition as a small entity. In addition,

the proposed rules may affect

allocations for the space research

(passive) and radio astronomy services.

There are no small entities affected by

this action because only Federal

agencies currently make use of these

services.

The Commission notes that the rules

proposed in this order provide spectrum

for future wireless and satellite

licensees and the proposal would not

affect any current non-Federal

Government users. Regarding future

terrestrial fixed and mobile use of the

subject bands, the definition of small

entity under the SBA rules for the

radiotelephone industry provides that a

small entity is a radiotelephone

company employing no more than 1,500

persons. The 1992 Census of

Transportation, Communications, and

Utilities, conducted by the Bureau of the

Census, which is the most recent

information available, shows that only

12 radiotelephone firms out of a total of

1,178 such firms that operated during

1992 had 1,000 or more employees.

While the Commission cannot at this

time know precisely which entities will

ultimately be utilizing all the subject

spectrum, the following services are

possibilities:

1. Fixed Microwave Services.

Microwave services include common

carrier, private-operational fixed, and

broadcast auxiliary radio services. At

present, there are approximately 22,015

common carrier fixed licensees and

61,670 private operational-fixed

licensees and broadcast auxiliary radio

licensees in the microwave services.

The Commission has not yet defined a

small business with respect to

microwave services. For purposes of

this IRFA, the Commission will use the

SBA’s definition applicable to

radiotelephone companies—i.e., an

entity with no more than 1,500 persons.

The Commission estimate that all of the

Fixed Microwave licensees (excluding

broadcast auxiliary licensees) would

qualify as small entities under the SBA

definition for radiotelephone

companies.

2. 39 GHz Service. The Commission

defined ‘‘small entity’’ for 39 GHz

licenses as an entity that has average

gross revenues of less than $40 million

in the three previous calendar years. An

additional classification for ‘‘very small

business’’ was added and is defined as

an entity that, together with their

affiliates, has average gross revenues of

not more than $15 million for the

preceding three calendar years. These

regulations defining ‘‘small entity’’ in

the context of 39 GHz auctions have

been approved by the SBA. The auction

of the 2,173 39 GHz licenses began on

April 12, 2000 and closed on May 8,

2000. The 18 bidders who claimed small

business status won 849 licenses.

3. Local Multipoint Distribution

Service. The auction of the 1,030 Local

Multipoint Distribution Service (LMDS)

licenses began on February 18, 1998 and

closed on March 25, 1998. The

Commission defined ‘‘small entity’’ for

LMDS licenses as an entity that has

average gross revenues of less than $40

million in the three previous calendar

year. An additional classification for

‘‘very small business’’ was added and is

defined as an entity that, together with

their affiliates, has average gross

revenues of not more than $15 million

for the preceding three calendar years.

These regulations defining ‘‘small

entity’’ in the context of LMDS auctions

Federal Register / Vol. 66, No. 129 / Thursday, July 5, 2001 / Proposed Rules 35401

have been approved by the SBA. There

were 93 winning bidders that qualified

as small entities in the LMDS auctions.

A total of 93 small and very small

business bidders won approximately

277 A Block licenses and 387 B Block

licenses. On March 27, 1999, the

Commission re-auctioned 161 licenses;

there were 40 winning bidders. Based

on this information, the Commission

concludes that the number of small

LMDS licenses will include the 93

winning bidders in the first auction and

the 40 winning bidders in the reauction, for a total of 133 small entity

LMDS providers as defined by the SBA

and the Commission’s auction rules.

D. Description of Projected Reporting,

Recordkeeping and Other Compliance

Requirements

None. No incumbents are effected by

this proposed action. The only service

rule changes proposed concern power

flux density limits and frequency

tolerance and emission limitations,

which do not have associated

compliance burdens.

E. Steps Taken To Minimize Significant

Economic Impact on Small Entities, and

Significant Alternatives Considered

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.

In this Further Notice of Proposed

Rulemaking, the Commission proposes

to modify the band segmentation plan

governing operations in the 36.0–43.5

GHz band to reflect decisions reached at

WRC–2000. The Commission also

proposes specific power flux density

(PFD) limits on satellite operations in

portions of this band.

The Commission is initiating this

proceeding to solicit comment on how

best to domestically accommodate the

changes to the international Radio

Regulations adopted at WRC–000. The

proposed changes to the domestic

allocations seek to maximize efficient

use of the radio spectrum by both

satellite and terrestrial uses, with

minimal changes to the existing Table of

Allocations. These changes will provide

satellite and terrestrial operators,

including small entity operators, with

greater certainty about the scope of

operations in this band.

Currently, with a proposal primarily

attempting to settle spectrum allocation

and segmentation issues, there are few

alternatives being considered other than

frequency parameters. Nevertheless, the

Commission notes that, with respect to

power flux density limits, the

Commission considered the alternative

of delaying the implementation of such

limits until after the outcome of WRC–

2003 to take into account further studies

regarding the issue taking place at the

International Telecommunication

Union. However, the Commission

rejected this proposal, concluding that

U.S. terrestrial licensees, including

small entities, would benefit greatly in

the designing and deployment of their

systems by knowing with certainty the

limits that would apply in the United

States. Similarly, the Commission

considered and rejected alternative band

sharing and hard segmentation plans

because those alternatives might be

overly burdensome to licensees,

including small entity operators, or

might overly restrict flexible future uses

of the bands.

F. Federal Rules That May Duplicate,

Overlap, or Conflict With the Proposed

Rules

None.

List of Subjects

47 CFR Part 2

Radio, Telecommunications.

47 CFR Part 25

Communications common carriers,

Radio, Satellites, Telecommunications.

47 CFR Part 101

Radio.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Proposed Rules

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

parts 2, 25, and 101 as follows:

PART 2—FREQUENCY ALLOCATIONS

AND RADIO TREATY MATTERS;

GENERAL RULES AND REGULATIONS

1. The authority citation for part 2

continues to read as follows:

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

336, unless otherwise noted.

2. Section 2.106, the Table of

Frequency Allocations, is amended as

follows:

a. Revise pages 76, 77, and 78.

b. Add, under International Footnotes,

I. New ‘‘S’’ Numbering Scheme,

footnotes S5.551AA and S5.551G in

numerical order and remove footnotes

S5.551.B, S551.C, S551.D, and S551.E.

c. Add United States footnotes

USXXX and USYYY in numerical order.

d. Revise Federal Government

footnote G117.

The revisions and additions read as

follows:

§ 2.106 Table of Frequency Allocations.

* * * * *

BILLING CODE 6712–01–P

35402 Federal Register / Vol. 66, No. 129 / Thursday, July 5, 2001 / Proposed Rules

Federal Register / Vol. 66, No. 129 / Thursday, July 5, 2001 / Proposed Rules 35403

35404 Federal Register / Vol. 66, No. 129 / Thursday, July 5, 2001 / Proposed Rules

Federal Register / Vol. 66, No. 129 / Thursday, July 5, 2001 / Proposed Rules 35405

* * * * *

International Footnotes

* * * * *

I. New ‘‘S’’ Numbering Scheme

* * * * *

S5.551AA In the bands 37.5–40 GHz and

42–42.5 GHz, non-geostationary-satellite

systems in the fixed-satellite service should

employ power control or other methods of

downlink fade compensation of the order of

10 dB, such that the satellite transmissions

are at power levels required to meet the

desired link performance while reducing the

level of interference to the fixed service. The

use of downlink fade compensation methods

are under study by ITU–R (see Resolution 84

(WRC–2000)).

* * * * *

S5.551G In order to protect the radio

astronomy service in the band 42.5–43.5

GHz, the aggregate power flux-density in the

42.5–43.5 GHz band produced by all the

space stations in any non-geostationarysatellite system in the fixed-satellite service

(space-to-Earth) or in the broadcastingsatellite service (space-to-Earth) system

operating in the 41.5–42.5 GHz band shall

not exceed ¥167 dB(W/m2) in any 1 MHz

band at the site of a radio astronomy station

for more that 2% of the time. The power fluxdensity in the band 42.5–43.5 GHz produced

by any geostationary station in the fixedsatellite service (space-to-Earth) or in the

broadcasting-satellite service (space-to-Earth)

operating in the band 42–42.5 GHz shall not

exceed ¥167 dB(W/m2) in any 1 MHz band

at the site of a radio astronomy station. These

limits are provisional and will be reviewed

in accordance with Resolution 128

(Rev.WRC–2000).

* * * * *

United States (US) Footnotes

* * * * *

USXXX To protect the radio astronomy

service in the band 42.5–43.5 GHz, the

aggregate power flux-density in the 42.5–43.5

GHz band produced by all the space stations

in any non-geostationary-satellite system in

the fixed-satellite service (space-to-Earth)

operating in the 41.5–42.0 GHz band or in the

broadcasting-satellite service (space-to-Earth)

system operating in the 41.5–42.5 GHz band

shall not exceed ¥167 dB(W/m2) in any 1

MHz band at the site of a radio astronomy

station for more that 2% of the time. The

power flux-density in the band 42.5–43.5

GHz produced by any geostationary station in

the broadcasting-satellite service (space-toEarth) operating in the band 42–42.5 GHz

shall not exceed ¥167 dB(W/m2) in any 1

MHz band at the site of a radio astronomy

station.

USYYY In the band 39.5–40 GHz,

Government earth stations in the mobilesatellite service (space-to-Earth) shall not

claim protection from non-Government

stations in the fixed and mobile services.

S5.43A does not apply.

* * * * *

Federal Government (G) Footnotes

* * * * *

G117 In the bands 7.25–7.75 GHz, 7.9–8.4

GHz, 17.8–21.2 GHz, 30–31 GHz, 33–36 GHz,

39.5–41 GHz, 43.5–45.5 GHz and 50.4–51.4

GHz, the Government fixed-satellite and

mobile-satellite services are limited to

military systems.

* * * * *

PART 25—SATELLITE

COMMUNICATIONS

3. The authority citation for part 25

continues to read as follows:

Authority: 47 U.S.C. 701–744. Interprets or

applies Sections 4, 301, 302, 303, 307, 309

and 332 of the Communications Act, as

amended, 47 U.S.C. Sections 154, 301, 302,

303, 307, 309 and 332, unless otherwise

noted.

4. Section 25.202(a)(1) is revised as

follows:

§ 25.202 Frequencies, frequency tolerance

and emission limitations.

(a)(1) Frequency band. The following

frequencies are available for use by the

fixed-satellite service. Precise

frequencies and bandwidths of emission

shall be assigned on a case-by-case

basis. The table follows:

Space-to-earth (GHz)

3.7–4.21

10.7–10.95 1 12

10.95–11.2 1 2 12

11.2–11.45 1 12

11.45–11.7 1 2 12

11.7–12.2 3

12.2–12.7 13

18.3–18.58 1 10

18.58–18.8 6 10 11

18.8–19.3 7 10

19.3–19.78 10

19.7–20.2 10

37.5–40 14

40–42

Earth-to-space (GHz)

5.925–6.425 1

12.75–13.15 1 12

13.2125–13.25 1 12

13.75–14 4 12

14–14.2 5

14.2–14.5

17.3–17.8 9

27.5–29.5 1

29.5–30

48.2–50.2

1This band is shared coequally with terrestrial radiocommunication services. 2 Use of this band by geostationary satellite

orbit satellite systems in the fixed-satellite

service is limited to international systems; i.e.,

other than domestic systems. 3Fixed-satellite transponders may be used

additionally for transmissions in the broadcasting-satellite service. 4This band is shared on an equal basis with

the Government radiolocation service and

grandfathered space stations in the Tracking

and Data Relay Satellite System. 5 In this band, stations in the radionavigation

service shall operate on a secondary basis to

the fixed-satellite service.

6The band 18.58–18.8 GHz is shared coequally with existing terrestrial

radiocommunication systems until June 8,

2010. 7The band 18.8–19.3 GHz is shared coequally with terrestrial radiocommunication

services, until June 8, 2010. After this date,

the sub-band 19.26–19.3 GHz is shared coequally with existing terrestrial

radiocommunication systems. 8The use of the band 19.3–19.7 GHz by the

fixed-satellite service (space-to-Earth) is limited to feeder links for the mobile-satellite

service. 9The use of the band 17.3–17.8 GHz by the

fixed-satellite service (Earth-to-space) is limited to feeder links for broadcasting-satellite

service, and the sub-band 17.7–17.8 GHz is

shared co-equally with terrestrial fixed services. 10This band is shared co-equally with the

Federal Government fixed-satellite service. 11The band 18.6–18.8 GHz is shared coequally with the non-Federal Government and

Federal Government Earth exploration-satellite

(passive) and space research (passive) services. 12 Use of this band by non-geostationary

satellite orbit systems in the fixed-satellite

service is limited to gateway earth station operations. 13 Use of this band by the fixed-satellite

service is limited to non-geostationary satellite

orbit systems. 14 Use of this band by the fixed-satellite

service is limited to ‘‘gateway’’ earth station

operations, provided the licensee under this

part obtains a license under part 101 of this

chapter or an agreement from a part 101 licensee for the area in which an earth station

is to be located. Satellite earth station facilities

in this band may not be ubiquitously deployed

and may not be used to serve individual

consumers.

* * * * *

5. Section 25.208 is amended by

adding new paragraphs (n), (o), (p), (q)

and (r) to read as follows:

§ 25.208 Power flux density limits.

* * * * *

(n)(1) In the band 37.5–40.0 GHz, the

power flux-density at the Earth’s surface

produced by emissions from a nongeostationary space station for all

conditions and for all methods of

modulation shall not exceed the

following values:

(i) ¥132 dB(W/m2) in any 1 MHz

band for angles of arrival between 0 and

5 degrees above the horizontal plane;

(ii) ¥132 + 0.75 (δ¥5) dB(W/m2) in

any 1 MHz band for angles of arrival δ

(in degrees) between 5 and 25 degrees

above the horizontal plane; and

(iii) ¥117 dB(W/m2) in any 1 MHz

band for angles of arrival between 25

and 90 degrees above the horizontal

plane.

(2) These limits relate to the power

flux-density that would be obtained

under assumed free-space propagation

conditions. These PFD limits may be

exceeded by up to 12 dB under fade

conditions.

35406 Federal Register / Vol. 66, No. 129 / Thursday, July 5, 2001 / Proposed Rules

(o)(1) In the band 37.5–40.0 GHz, the

power flux-density at the Earth’s surface

produced by emissions from a

geostationary space station for all

conditions and for all methods of

modulation shall not exceed the

following values:

(i) ¥139 dB(W/m2) in any 1 MHz

band for angles of arrival between 0 and

5 degrees above the horizontal plane;

(ii) ¥139 + 4/3 (δ¥5) dB(W/m2) in

any 1 MHz band for angles of arrival δ

(in degrees) between 5 and 20 degrees

above the horizontal plane;

(iii) ¥119 + 0.4 (δ¥20) dB(W/m2) in

any 1 MHz band for angles of arrival δ

(in degrees) between 20 and 25 degrees

above the horizontal plane; and

(iv) ¥117 dB(W/m2) in any 1 MHz

band for angles of arrival between 25

and 90 degrees above the horizontal

plane.

(2) These limits relate to the power

flux-density that would be obtained

under assumed free-space propagation

conditions. These PFD limits may be

exceeded by up to 12 dB under fade

conditions.

(p)(1) In the band 40.0–40.5 GHz, the

power flux-density at the Earth’s surface

produced by emissions from a space

station for all conditions and for all

methods of modulation shall not exceed

the following values:

(i) ¥115 dB(W/m2) in any 1 MHz

band for angles of arrival between 0 and

5 degrees above the horizontal plane;

(ii) ¥115 + 0.5 (δ¥5) dB(W/m2) in

any 1 MHz band for angles of arrival δ

(in degrees) between 5 and 25 degrees

above the horizontal plane; and

(iii) ¥105 dB(W/m2) in any 1 MHz

band for angles of arrival between 25

and 90 degrees above the horizontal

plane.

(2) These limits relate to the power

flux-density that would be obtained

under assumed free-space propagation

conditions.

(q)(1) In the band 40.5–42.0 GHz, the

power flux density at the Earth’s surface

produced by emissions from a nongeostationary space station for all

conditions and for all methods of

modulation shall not exceed the

following values:

(i) ¥115 dB(W/m2) in any 1 MHz

band for angles of arrival between 0 and

5 degrees above the horizontal plane;

(ii) ¥115 + 0.5 (δ¥5) dB(W/m2) in

any 1 MHz band for angles of arrival (in

degrees) between 5 and 25 degrees

above the horizontal plane; and

(iii) ¥105 dB(W/m2) in any 1 MHz

band for angles of arrival between 25

and 90 degrees above the horizontal

plane.

(2) These limits relate to the power

flux density that would be obtained

under assumed free-space propagation

conditions.

(r)(1) In the band 40.5–42.0 GHz, the

power flux-density at the Earth’s surface

produced by emissions from a

geostationary space station for all

conditions and for all methods of

modulation shall not exceed the

following values:

(i) ¥120 dB(W/m2) in any 1 MHz

band for angles of arrival between 0 and

5 degrees above the horizontal plane;

(ii) ¥120 + (δ¥5) dB(W/m2) in any 1

MHz band for angles of arrival δ (in

degrees) between 5 and 15 degrees

above the horizontal plane;

(iii) ¥110 + 0.5(δ¥15) dB(W/m2) in

any 1 MHz band for angles of arrival δ

(in degrees) between 15 and 25 degrees

above the horizontal plane; and

(iv) ¥105 dB(W/m2) in any 1 MHz

band for angles of arrival between 25

and 90 degrees above the horizontal

plane.

(2) These limits relate to the power

flux-density that would be obtained

under assumed free-space propagation

conditions.

PART 101—FIXED MICROWAVE

SERVICES

6. The authority citation for part 101

continues to read as follows:

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

7. Section 101.147 is amended in

paragraph (a) by revising the entry for

38,600–40,000 MHz in the listing of

assignments and adding a new note (31)

to read as follows:

§ 101.147 Frequency assignments.

(a) * * *

38,600–40,000 MHz (4)(31)

* * * * *

Notes

* * * * *

(31) Frequencies in this band are shared

with stations in the fixed-satellite service,

subject to the conditions specified in footnote

14 in 47 CFR 25.202(a)(1).

* * * * *

[FR Doc. 01–15972 Filed 7–3–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1482; MM Docket No. 01–130, RM–

10147; MM Docket No. 01–131, RM–10148;

MM Docket No. 01–132, RM–10149]

Radio Broadcasting Services;

Batesville, TX; Benjamin, TX; and

Junction, TX

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document proposes new

allotments to Batesville, TX; Benjamin,

TX; and Junction, TX. The Commission

requests comments on a petition filed by

Charles Crawford proposing the

allotment of Channel 250A at Batesville,

Texas, as the community’s first local

aural transmission service. Channel

250A can be allotted to Batesville in

compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

12.9 kilometers (8.0 miles) northeast of

Batesville. The coordinates for Channel

250A at Batesville are 29–01–34 North

Latitude and 99–30–59 West Longitude.

Since Batesville is located within 320

kilometers (199 miles) of the U.S.-

Mexican border, concurrence of the

Mexican government has been

requested. See SUPPLEMENTARY

INFORMATION.

DATES: Comments must be filed on or

before August 13, 2001, and reply

comments on or before August 28, 2001.

ADDRESSES: Federal Communications

Commission, Washington, DC, 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, as follows: Charles Crawford,

4553 Bordeaux Ave., Dallas, Texas

75205.

FOR FURTHER INFORMATION CONTACT: R.

Barthen Gorman, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

01–130; MM Docket No. 01–131; and

MM Docket No. 01–132, adopted June

13, 2001, and released June 22, 2001.

The full text of this Commission

decision is available for inspection and

copying during normal business hours

in the FCC Reference Information Center

(Room CY–A257), 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.