32102 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 

Legal Basis: 47 U.S.C. 154 and 303. 

Section Number and Title: 

97.303(r) Frequency sharing requirements. 

Part 101—Fixed Microwave Services 

Subpart A—General 

Brief Description: The Part 101 rules 

prescribe the manner in which portions 

of the radio spectrum may be made 

available for private operational, 

common carrier, Local Television 

Transmission Service (LTTS), 24 GHz 

Service, Local Multipoint Distribution 

Service (LMDS), 39 GHz, Multiple 

Address Service (MAS), Multichannel 

Video Distribution and Data Service 

(MVDDS) and 70–80–90 GHz fixed, 

microwave operations that require 

transmitting facilities on land or in 

specified offshore coastal areas within 

the continental shelf. Subpart A sets 

forth the scope of and authority for the 

remaining rules in Part 101, as well as 

setting forth definitions of certain terms 

used in the remaining rules. 

Need: The identified rule is necessary 

to refer to the rules of practice and 

procedure in Part 1 of the rules that are 

applicable to services regulated under 

Part 101 of the rules. 

Legal Basis: 47 U.S.C. 154 and 303. 

Section Number and Title: 

101.1(a) Scope and authority. 

Subpart B—Applications and Licenses 

Brief Description: The Part 101 rules 

prescribe the manner in which portions 

of the radio spectrum may be made 

available for private operational, 

common carrier, Local Television 

Transmission Service (LTTS), 24 GHz 

Service, Local Multipoint Distribution 

Service (LMDS), 39 GHz, Multiple 

Address Service (MAS), Multichannel 

Video Distribution and Data Service 

(MVDDS) and 70–80–90 GHz fixed, 

microwave operations that require 

transmitting facilities on land or in 

specified offshore coastal areas within 

the continental shelf. Subpart B sets 

forth the rules governing applications 

and licenses in those fixed microwave 

services subject to Part 101. 

Need: The identified rules are 

necessary to establish service areas and 

performance requirements for the 38.6– 

40.0 GHz band, allow partitioning and 

disaggregation in that band, define the 

general filing requirements for licensees 

in the private operational, common 

carrier, LTTS, 24 GHz, LMDS, MAS, 

MVDDS and 70–80–90 GHz Services 

and to provide specific procedures for 

the licensing, operation, and 

modification of facilities in those 

services. 

Legal Basis: 47 U.S.C. 154 and 303. 

Section Number and Title: 

101.17 Performance requirements for the 

38.6–40.0 GHz frequency band. 

101.31(e)(1)(viii) Temporary and 

conditional authorizations. 

101.56 Partitioned service areas (PSAs) and 

disaggregated spectrum. 

101.64 Service areas. 

Subpart C—Technical Standards 

Brief Description: The Part 101 rules 

prescribe the manner in which portions 

of the radio spectrum may be made 

available for private operational, 

common carrier, Local Television 

Transmission Service (LTTS), 24 GHz 

Service and Local Multipoint 

Distribution Service (LMDS), 39 GHz, 

Multiple Address Service (MAS), 

Multichannel Video Distribution and 

Data Service (MVDDS) and 70–80–90 

GHz fixed, microwave operations that 

require transmitting facilities on land or 

in specified offshore coastal areas 

within the continental shelf. Subpart C 

sets forth the technical requirements for 

such services. 

Need: The identified rules are 

necessary to assign frequencies for 

systems in the 38.6–40 GHz band on an 

Economic Area service area basis and to 

clarify that non-LMDS operations in the 

31,000–31,300 MHz band licensed after 

March 11, 1997 are secondary to Local 

Multipoint Distribution Service 

operations and are unprotected with 

respect to each other. 

Legal Basis: 47 U.S.C. 154 and 303. 

Section Number and Title: 

101.103(b)(3) Frequency coordination 

procedures. 

101.147(v)(2) Frequency assignments. 

Subpart N—Competitive Bidding 

Procedures for the 38.6–40.0 GHz Band 

Brief Description: The part 101 rules 

prescribe the manner in which portions 

of the radio spectrum may be made 

available for private operational, 

common carrier, Local Television 

Transmission Service (LTTS), 24 GHz 

Service and Local Multipoint 

Distribution Service (LMDS), 39 GHz, 

Multiple Address Service (MAS), 

Multichannel Video Distribution and 

Data Service (MVDDS) and 70–80–90 

GHz fixed, microwave operations that 

require transmitting facilities on land or 

in specified offshore coastal areas 

within the continental shelf. Subpart N 

sets forth the rules governing the use of 

competitive bidding to resolve mutually 

exclusive applications for initial 

licenses in the 38.6–40.0 GHz Band. 

Need: These rules are needed to 

implement the Commission’s 

competitive bidding authority under 47 

U.S.C. 309(j). The provisions in 47 CFR 

101.1208 and 101.1209 are necessary to 

administer the Commission’s designated 

entity program under which small 

businesses meeting certain eligibility 

criteria may receive bidding credits on 

their winning bids. 

Legal Basis: 47 U.S.C. 154, 303, and 

309. 

Section Number and Title: 

101.1201 38.6–40.0 GHz subject to 

competitive bidding. 

101.1208 Bidding credits for small 

businesses. 

101.1209 Definitions. 

[FR Doc. E9–15928 Filed 7–6–09; 8:45 am] 

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FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1362; MB Docket No. 09–98; RM– 

11536] 

Radio Broadcasting Services; Leupp, 

AZ 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document sets forth a 

proposal to amend the FM Table of 

Allotments, Section 73.202(b) of the 

Commission’s rules, 47 CFR Section 

73.202(b). The Commission requests 

comment on a petition filed by Cochise 

Broadcasting LLC, licensee of FM 

Station KZXK, Doney Park, Arizona. 

Petitioner proposes the substitution of 

FM Channel 293C2 for vacant Channel 

255C2 at Leupp, Arizona. The purpose 

of the requested channel substitution at 

Custer is to allow FM Station KZXK to 

go from being a short-spaced station 

authorized pursuant to Section 73.215 

of the Commission’s rules and using a 

directional antenna to a fully-spaced 

station using an omnidirectional 

antenna. Channel 293C2 can be allotted 

at Leupp in compliance with the 

Commission’s minimum distance 

separation requirements without site 

restriction at 35–17–02 North Latitude 

and 110–57–52 West Longitude. See 

SUPPLEMENTARY INFORMATION infra. 

DATES: Comments must be filed on or 

before August 10, 2009, and reply 

comments on or before August 25, 2009. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the FCC, 

interested parties should serve 

petitioner’s counsel as follows: Susan A. 

Marshall, Esq., Ann Goodwin Crump, 

Esq., Fletcher, Heald & Hildreth, P.L.C., 

1300 N. 17th Street—Eleventh Floor, 

Arlington, Virginia 22209. 

Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 32103 

FOR FURTHER INFORMATION CONTACT: 

Deborah A. Dupont, Media Bureau (202) 

418–7072. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

09–98, adopted June 17, 2009, and 

released June 19, 2009. 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 20554. The complete 

text of this decision may also be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

or via the company’s Web site, http:// 

www.bcpiweb.com. This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

The Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

Part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for Part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Arizona, is amended 

by removing Channel 255C2 and by 

adding Channel 293C2 at Leupp. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E9–15929 Filed 7–6–09; 8:45 am] 

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