15686 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations

(R)-α-cyano-3-phenoxybenzyl-(Z)-

(1S,3S)-3-(2-chloro-3,3,3 trifluoroprop1-enyl)- 2,2-

dimethylcyclopropanecarboxylate and

its epimer, a 1:1 mixture of (S)-α-cyano3-phenoxybenzyl-(Z)-(1S,3S)-3-(2-

chloro-3,3,3 trifluoroprop-1-enyl)- 2,2-

dimethylcyclopropanecarboxylate and

(R)-α-cyano- 3-phenoxybenzyl-(Z)-

(1R,3R)-3-(2-chloro-3,3,3 trifluoroprop1-enyl)-2,2-

dimethylcyclopropanecarboxylate in

tomato pomace (dry, wet) resulting from

application of the insecticide to

tomatoes.

[FR Doc. 95–7586 Filed 3–23–95; 11:47 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2, 80, and 97

[ET Docket No. 93–40; FCC 95–113]

Allocation of the 219–220 MHz Band

for Use by the Amateur Radio Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this Report and Order

(Order), the Commission establishes

regulations for amateur point-to-point

fixed digital message forwarding

systems, including intercity packet

backbone networks. This action

provides the Amateur Radio Service use

of the 219–220 MHz band on a

secondary basis.

EFFECTIVE DATE: April 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Thomas P. Derenge, (202) 776–1621,

Office of Engineering and Technology,

Federal Communications Commission,

Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order

adopted March 14, 1995, and released

March 17, 1995. A Summary of the

Notice of Proposed Rule Making

initiating this proceeding may be found

at 58 FR 17180 (April 1, 1993). This

action will not add to or decrease the

public reporting burden. The full text of

the Commission decision is available for

inspection and copying during regular

business hours in the FCC Reference

Center (Room 239), 1919 M Street NW.,

Washington, DC. The complete text of

this decision also may be purchased

from the Commission’s duplication

contractor, International Transcription

Services, Inc., (202) 857–3800, 2100 M

Street NW., Suite 140, Washington, DC

20037.

Summary of Order

The Order adopts rules that include a

spectrum allocation on a secondary

basis, safeguards to protect other

services from interference, and technical

standards for amateur operations in the

219–220 MHz band. This action is

expected to provide spectrum to the

amateur radio service for point-to-point

fixed digital message forwarding

systems, including intercity packet

backbone networks. The spectrum is

needed to alleviate frequency

congestion that amateurs are

experiencing in certain areas of the

country in the 222–225 MHz band and

to facilitate establishment of regional

and nationwide backbone networks for

amateur packet communications. These

networks could also be used for

emergency preparedness and national

defense communications. Amateur may

also use this spectrum to develop and

experiment with new technologies to

further the radio art. Additionally, the

rules adopted should prevent harmful

interference to the primary services on

and adjacent to the 219–220 MHz band.

2. Specifically, in the Order the

Commission allocated ten 100 kilohertz

channels from 219 MHz to 220 MHz.

Amateur operations at 219–220 MHz are

authorized to operate at powers up to 50

watts (PEP) without data rate

limitations. This band is restricted to

amateurs holding Technician or higher

class licenses.

3. The secondary status of the

allocation prohibits amateur operations

from causing interference to primary

services. However, it does not protect

secondary amateur operations from

interference. The Order also protects

Automated Maritime

Telecommunications Service (AMTS) by

requiring amateurs to notify AMTS

licenses 30 days prior to initiation of

operations if the amateur operation is

within 640 kilometers of an AMTS base

station. Additionally, amateur stations

within 80 kilometers of an AMTS base

station must obtain written approval

from the AMTS licensee prior to

operating in the 219–220 MHz band.

4. Amateurs wishing to utilize the

219–220 MHz band must notify the

American Radio Relay League (ARRL)

30 days prior to institution of operation.

The ARRL will maintain a database of

all amateur and AMTS operations in the

219–220 MHz band. Therefore, the

ARRL database would serve as a

nationwide point of contact to provide

coordination information and to aid in

investigation of interference problems,

in the unlikely event such problems

occur. Amateur operators are

encouraged to seek coordination

assistance from a local amateur

coordinator.

5. Ordering Clauses. Accordingly, it is

ordered, that the American Radio Relay

League, Inc. is designated as the

national contact point for all amateur

operations in the 219–220 MHz band

and is responsible for maintaining a

database of all amateur operations in the

219–220 MHz band as well as any other

primary service operating in that band.

6. Further, it is ordered, that Parts 2,

80, and 97 of the Commission’s rules

ARE AMENDED as specified below,

effective April 26, 1995. This action is

taken pursuant to Sections 4(i), 7(a),

302, 303(c), 303(f), 303(g), 303(r), and

307 of the Communications Act of 1934,

as amended, 47 U.S.C. Sections 154(i),

157(a), 302, 303(c), 303(f), 303(g), and

303(r).

List of Subjects

47 CFR Part 2

Radio.

47 CFR Part 80

Radio, Vessels.

47 CFR Part 97

Radio, Civil defense, Reporting and

recordkeeping requirements,

Volunteers.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Amendatory Text

Parts 2, 80, and 97 of chapter I of title

47 of the Code of Federal Regulation are

amended as follows:

PART 2—FREQUENCY ALLOCATIONS

AND RADIO TREATY MATTERS;

GENERAL RULES AND REGULATIONS

1. The authority citation in part 2

continues to read:

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

Communications Act of 1934, as amended,

47 U.S.C. Sections 154, 302, 303, and 307,

unless otherwise noted.

2. Section 2.106, the Table of

Frequency Allocations, is amended as

follows:

a. In the 216–220 MHz band, columns

4 through 6 in the United States table

are revised:

b. Non-Government footnote NG152 is

added:

§ 2.106 Table of Frequency Allocations.

* * * * *
Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations 15687

International table United States table FCC use designators

Region 1—allocation MHzRegion 2—allocation MHzRegion 3—allocation MHz

Government Non-government

Rule part(s) Special-use

frequencies Allocation MHz Allocation MHz

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

* * * * * * *

216–220 MARITIME MOBILE.

Aeronautical-Mobile. Fixed. Land

Mobile. Radiolocation.

216–220 MARITIME MOBILE.

Aeronautical-Mobile. Fixed. Land

Mobile.

MARITIME (80).

Private Land

Mobile (90). Personal Radio

Service (95).

Amateur (97).

627, US210,

US229, US274,

US317, G2.

627, US210,

US229, US274,

US317, NG152.

* * * * * * *

* * * * *

Non-Government (NG) Footnotes

* * * * *

NG152 The band 219–220 MHz is

also allocated to the amateur service on

a secondary basis for stations

participating, as forwarding stations, in

point-to-point fixed digital message

forwarding systems, including intercity

packet backbone networks.

* * * * *

PART 80—STATIONS IN THE

MARITIME SERVICES

1. The authority citation for part 80

continues to read as follows:

Authority: Sec. 4, 303, 48 Stat. 1066, 1082,

as amended; 47 U.S.C. 154, 303, unless

otherwise noted. Interpret or apply 48 Stat.

1064–1068, 1081–1105, as amended; 47

U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST

4726, 12 UST 2377.

2. Section 80.385 is amended by

adding a new paragraph (a)(3) to read as

follows:

§ 80.385 Frequencies for automated

systems.

* * * * *

(a) * * *

(3) Channels in the 219–220 MHz

band are also used on a secondary, noninterference basis by amateur stations

participating in digital message

forwarding systems. Amateur stations

may not cause harmful interference to

AMTS operations and must accept any

harmful interference from AMTS

operation. Amateur stations within 80

km (50 miles) of an AMTS coast station

must obtain written approval from the

AMTS licensee prior to operating in the

219–220 MHz band. Amateur stations

within 640 km (398 miles) of an AMTS

coast station must notify the AMTS

licensee in writing at least 30 days prior

to initiation of operations in the 219–

220 MHz band. All amateur stations

must notify the American Radio Relay

League in writing at least 30 days prior

to initiation of operations in the 219–

220 MHz band (ARRL, 225 Main St.,

Newington, CT 06111–1494).

* * * * *

PART 97—AMATEUR RADIO SERVICE

1. The authority citation for part 97

continues to read as follows:

Authority: 48 Stat. 1066, 1082, as

amended; 47 U.S.C. 154, 303. Interpret or

apply 48 Stat. 1064–1068, 1081–1105, as

amended; 47 U.S.C. 151–155, 301–609,

unless otherwise noted.

2. Section 97.201(b) is revised to read

as follows:

§ 97.201 Auxiliary station.

* * * * *

(b) An auxiliary station may transmit

only on the 1.25 m and shorter

wavelength bands, except the 219–220

MHz, 222.000–222.150 MHz, 431–433

MHz, and 435–438 MHz segments.

* * * * *

3. Section 97.301(a) is amended by

revising the third entry in the VHF

Wavelength band to read as follows:

§ 97.301 Authorized frequency bands.

* * * * *

(a) * * *

Wavelength band ITU region

1

ITU region

2

ITU region

3

Sharing requirements

see § 97.303

(paragraph) VHF MHz MHz MHz

* * * * * * *

1.25 m ............................................................................................................................ ................... 219–220 ................... (a), (e).

Do ............................................................................................................................ ................... 222–225 ................... (a).

* * * * * * *

* * * * *

4. Section 97.303(e) is added to read

as follows:

§ 97.303 Frequency sharing requirements.

* * * * *

(e) In the 1.25 m band:

(1) Use of the 219–220 MHz segment

is limited to amateur stations

participating, as forwarding stations, in

point-to-point fixed digital message

forwarding systems, including intercity

packet backbone networks. It is not

available for other purposes.

(2) No amateur station transmitting in

the 219–220 MHz segment shall cause

harmful interference to, nor is protected

from interference due to operation of

Automated Maritime

Telecommunications Systems (AMTS),

television broadcasting on channels 11

and 13, Interactive Video and Data
15688 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Rules and Regulations

Service systems, Land Mobile Services

systems, or any other service having a

primary allocation in or adjacent to the

band.

(3) No amateur station may transmit

in the 219–220 MHz segment unless the

licensee has given written notification

of the station’s specific geographic

location for such transmissions in order

to be incorporated into a data base that

has been made available to the public.

The notification must be given at least

30 days prior to making such

transmissions. The notification must be

given to: The American Radio Relay,

Inc., 225 Main Street, Newington, CT

06111–1494.

(4) No amateur station may transmit

in the 219–220 MHz segment from a

location that is within 640 km of an

AMTS Coast Station unless the amateur

station licensee has given written

notification of the station’s specific

geographic location for such

transmissions to the AMTS licensee.

The notification must be given at least

30 days prior to making such

transmissions. AMTS Coast Station

locations may be obtained either from:

The American Radio Relay, Inc., 225

Main Street, Newington, CT 06111–

1494

or

Interactive Systems, Inc., Suite 1103,

1601 North Kent Street, Arlington, VA

22209, Fax: (703) 812–8275, Phone

(703) 812–8270.

(5) No amateur station may transmit

in the 219–220 MHz segment from a

location that is within 80 km of an

AMTS Coast Station unless the amateur

station licensee holds written approval

from that AMTS licensee.

* * * * *

5. The table in Section 97.305(c) is

amended by revising the third entry in

the VHF wavelength band to read as

follows:

§ 97.305 Authorized emission types.

* * * * *

(c) * * *

Wavelength band Frequencies Emission types

authorized

Standards see § 97.307(f), paragraph

* * * * * * *

1.25 m ............................................ 219–220 MHz ............................... Data .............................................. (13).

Do ........................................... 222–225 MHz ............................... MCW, phone, image, RTTY, data,

test.

(2), (6), (8).

* * * * * * *

6. Section 97.307(f)(13) is added to

read as follows:

§ 97.307 Emission standards.

* * * * *

(f) * * *

(13) A data emission using an

unspecified digital code under the

limitations listed in § 97.309(b) also may

be transmitted. The authorized

bandwidth is 100 kHz.

7. Section 97.313(h) is added to read

as follows:

§ 97.313 Transmitter power standards.

* * * * *

(h) No station may transmit with a

transmitter power exceeding 50 W PEP

on the 219–220 MHz segment of the

1.25 m band.

[FR Doc. 95–7296 Filed 3–24–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 91–221, FCC 95–97]

Broadcast Services; Television Station

Ownership

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission eliminates

two of its television network rules, the

‘‘network station ownership’’ rule, and

the ‘‘secondary affiliation’’ rule. This

action is taken because a review of the

record in this proceeding indicates that

changes in the television marketplace

have rendered these rules obsolete.

Thus, the action is taken to ensure that

the Commission’s rules are as current

and effective as possible.

EFFECTIVE DATE: April 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Dan Bring, Mass Media Bureau, (202)

739–0770, or Roger Holberg, Mass

Media Bureau, (202) 776–1653.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Report and Order in MM

Docket No. 91–221, FCC 95–97, adopted

March 7, 1995, and released March 7,

1995. The complete text of this Report

and Order is available for inspection

and copying during normal business

hours in the FCC Reference Center

(Room 239), 1919 M Street, N.W.,

Washington, D.C., and also may be

purchased from the Commission’s copy

contractor, International Transcription

Service, at (202) 857–3800, 2100 M

Street, N.W., Suite 140, Washington,

D.C. 20037.

Synopsis of the Report and Order

1. The Commission eliminates two of

its network rules, 47 CFR § 73.658(f), the

‘‘network station ownership’’ rule, and

§ 73.658(1), the ‘‘secondary affiliation’’

rule. The network station ownership

rule prohibits network ownership of

television broadcast stations in markets

that have so few stations, or stations of

such unequal desirability that

‘‘competition would be substantially

restrained’’ by permitting network

ownership. The secondary affiliation

rule limits secondary network

affiliations in markets where two

stations have affiliated with two of the

three ‘‘traditional’’ networks, and there

is at least one independent station with

comparable facilities. In these

circumstances, § 73.658(1) requires a

third network seeking an affiliate in the

market to offer its programming first to

the independent station.

2. The Notice of Inquiry in this

proceeding (56 FR 40847, August 16,

1991) sought comment on the

implications of the growth of

competition in the video marketplace

for the Commission’s regulatory

policies. The Notice of Proposed Rule

Making in this proceeding (57 FR 28163,

June 24, 1992) sought comments on

several long-standing structural rules

that have governed the television

industry, proposed alternative means of

lessening the regulatory burden on the

television broadcasting industry, and

proposed repeal of the dual network

rule 47 CFR 73.658(g), the network

station ownership rule, and the

secondary affiliation rule. Based on the

record in this proceeding, this Report

and Order eliminated the network

station ownership rule and the

secondary affiliation rule.

3. The network station ownership rule

was intended to increase the availability

of programming to viewers, prevent

domination of smaller markets by

networks, and encourage the creation

and growth of new networks by

preventing existing networks from