Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Rules and Regulations 11113

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 2, 87 and 101

[WT Docket No. 99–327, FCC 00–272]

24 GHz Service; Licensing and

Operation

AGENCY: Federal Communications

Commission.

ACTION: Final rule; announcement of

effective date.

SUMMARY: This document is to show

rules amended by the Commission in

order to implement licensing and

operation of the 24 GHz band, shall

become effective February 22, 2001.

These sections, which contained new

information collection requirements,

were published in the Federal Register

December 28, 2000, (OMB No. 3060–

0963). This is to let the public know the

effective date of the rules that contain

new information collection

requirements.

EFFECTIVE DATE: The amendments to 47

CFR 101.527 and 101.529 published at

65 FR 59350 (October 5, 2000) are

effective February 22, 2001.

FOR FURTHER INFORMATION CONTACT: Jim

Shaffer, Public Safety and Private

Wireless Division, Wireless

Telecommunications Bureau, (202) 418–

0680.

SUPPLEMENTARY INFORMATION: On July

25, 2000, the Commission adopted a

Report and Order (‘‘Order’’) (FCC 00–

272) to implement licensing and

operation of the 24.25–24.45 GHz and

25.05–25.25 GHz bands, a summary of

which was published in the Federal

Register. See 65 FR 59350 (October 5,

2000). We stated that the Port 101 of the

Commission’s rules, 47 CFR Part 101, is

amended effective December 4, 2000,

except for §§ 101.527 and 101.529

which contains information collections

that are not effective until approved by

the Office of Management and Budget.

We also stated that the Commission will

publish a document in the Federal

Register announcing the effective date

for those sections. This statement

requires further action by the

Commission to establish the effective

date, notwithstanding the preceding

statement in the summary that the rule

change would become effective upon

OMB approval. In order to resolve this

matter in a manner that most

appropriately provides interested

parties with proper notice, the rule

changes adopted in the Order shall

become effective February 22, 2001. The

information collection was approved by

OMB on December 1, 2000. See OMB

No. 3060–0963.

List of Subjects in 47 CFR Part 90

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 01–4320 Filed 2–21–01; 8:45 am]

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FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 2

[FCC 01–30]

33–36 GHz for Federal Government

Use

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The document amends the

Table of Frequency Allocations, by

adding a new footnote, US360, to permit

use of the band 33–36 GHz by the

Federal Government fixed-satellite

service (FSS), space-to-Earth. An

existing footnote, G117, also was revised

to denote that the Federal Government’s

use of this band is limited to military

systems. This action was taken in

response to a request filed by the

Administrator, National

Telecommunications and Information

Administration (‘‘NTIA’’) for the

purpose of advancing, supporting, and

accommodating the national defense.

DATES: Effective February 22, 2001.

FOR FURTHER INFORMATION CONTACT:

Kathryn Hosford, Office of Engineering

and Technology, (202) 418–0652.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order, FCC

01–30, adopted January 19, 2001, and

released January 26, 2001. The full text

of this Commission decision is available

on the Commission’s Internet site at

http://www.fcc.gov. It 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, and

also may be purchased from the

Commission’s duplication contractor,

International Transcription Service,

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

Washington, DC 20036.

Summary of the Memorandum Opinion

and Order

1. On January 12, 2001, the

Administrator, NTIA, requested that the

Commission add a United States

footnote to the United States Table of

Frequency Allocations, 47 CFR 2.106,

that would allocate the band 33–36 GHz

on a primary basis to the Federal

Government fixed-satellite service

(space-to-Earth). NTIA stated that this

matter involves military functions, as

well as specific national security

interests of the United States, that the

reallocation is essential to fulfill

requirements for Federal Government

space systems to perform satisfactorily,

and that these Department of Defense

(‘‘DoD’’) requirements cannot be

accommodated in frequency bands

currently allocated for Federal

Government fixed-satellite service

(space-to-Earth). NTIA indicated that

the Federal Government footnote G117

will be modified to limit Federal

Government fixed-satellite use of this

band to military systems. NTIA also

requested expedited consideration, and

that the rules be amended without

public notice or comment due to the

near-term national security interests.

2. Nationally, the band 33–33.4 GHz

is shared Federal Government and nonFederal Government spectrum that is

allocated to the radionavigation service

on a primary basis. In the sub-band

31.8–33.4 GHz, ground based

radionavigation aids are permitted only

where they are used in cooperation with

airborne or shipborne radionavigation

devices. Non-Federal Government

airborne radionavigation devices are

licensed under Part 87 of the

Commission’s Rules. This allocation,

however, is currently unused by nonFederal Government licensees.

3. The band 33.4–36 GHz is allocated

to the radiolocation service on a primary

basis for the Federal Government and on

a secondary basis for non-Federal

Government use. However, all nonmilitary radiolocation devices operating

in this band are secondary to the

military services, except for the subband 34.4–34.5 GHz, where weather

radars on board meteorological satellites

for cloud detection are authorized to

operate on an equal basis with military

radiolocation devices. In the sub-band

34.2–34.7 GHz, an additional allocation

is made for space research service (deep

space, Earth-to-space) at Goldstone,

California. In the band 33.4–36 GHz,

non-Federal Government radiolocation

is permitted under part 90 of the

Commission’s Rules. There is currently

only limited non-Federal Government

use of the band 33.4–36 GHz. The

11114 Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Rules and Regulations

majority of these uses are limited to

speed control and testing and

development purposes.

4. Based on the representations of

NTIA that the reallocation is essential to

fulfill requirements for Federal

Government space systems to perform

satisfactorily and that these DoD

requirements cannot be accommodated

in frequency bands currently allocated

for Federal Government fixed-satellite

service (space-to-Earth) use, the

Commission found that the public

interest would best served by

accommodating NTIA’s request and

adding United States footnote US360 to,

and amending Federal Government

footnote G117 of, the Table of

Frequency Allocations. Upon review of

the Commission’s records, there

appeared to be little, if any, impact on

non-Federal Government services.

5. Further, the Commission took this

action without notice and comment

procedures. Section 553 of the

Administrative Procedure Act (APA)

states that rulemaking proceedings are

required ‘‘except to the extent that there

is involved’’ (1) a military or foreign

affairs function of the United States.’’ 5

U.S.C. 553(a)(1). The Commission’s

Rules, moreover, state that rule changes

including any military, naval, or foreign

affairs functions of the United States

‘‘will ordinarily be adopted without

prior notice.’’ 47 CFR 1.412(b)(1). The

APA also includes a good cause

exception to rulemaking requirements

when such procedures are

‘‘impracticable, unnecessary, or contrary

to the public interest.’’ 5 U.S.C.

553(b)(3)(B). The Commission noted

that, as a general matter, public notice

requirements are an essential

component of its legal authority. In this

instance, however, the Commission

found it appropriate to take this action

without public notice because this

matter involved the exercise of military

functions of the United States based on

specific national security needs and that

good cause exists that notice and public

procedures are unnecessary and

contrary to the public interest. See 5

U.S.C. 553 (a)(1), (b)(3)(B); 47 CFR

1.412(b)(1), (c); Bendix Aviation Corp. v.

F.C.C., 272 F.2d 533 (D.C. Cir. 1959),

cert. denied sub nom. Aeronautical

Radio, Inc. v. U.S., 361 U.S. 965 (1960).

Additionally, due to the near term

national security requirements noted by

NTIA, the Commission found good

cause to expedite this request and make

the amendments effective immediately

upon publication in the Federal

Register. 5 U.S.C. 553(d)(3).

List of Subjects in 47 CFR Part 2

Radio, Telecommunications.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR part 2 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 75 and 76.

b. Revise United States footnote

US252 and add footnote US360.

c. Revise Federal Government

footnote G117.

The addition and revisions read as

follows:

§ 2.106 Table of Frequency Allocations.

* * * * *

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Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Rules and Regulations 11115

11116 Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Rules and Regulations

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Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Rules and Regulations 11117

* * * * *

United States (US) Footnotes

* * * * *

US252 The bands 2110–2120 MHz, 7145–

7190 MHz, and 34.2–34.7 GHz are also

allocated for Earth-to-space transmissions in

the space research service, limited to deep

space communications at Goldstone,

California.

* * * * *

US360 In the band 33–36 GHz, the

Government fixed-satellite service (space-toEarth) is also allocated on a primary basis.

Coordination between Government fixedsatellite service systems and nonGovernment systems operating in accordance

with the United States Table of Frequency

Allocations is required.

* * * * *

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,

39.5–40.5 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.

* * * * *

[FR Doc. 01–4215 Filed 4–21–01; 8:45 am]

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FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–379, MM Docket No. 00–177, RM–

9954]

Digital Television Broadcast Service;

Rapid City, SD

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Duhamel Broadcasting

Enterprise, licensee of station KOTA–

TV, substitutes DTV channel 2 for DTV

channel 22 at Rapid City. See 65 FR

59388, October 5, 2000. DTV channel 2

can be allotted to Rapid City in

compliance with the principle

community coverage requirements of

Section 73.625(a) at reference

coordinates 44–04–08 N. and 103–15–03

W. with a power of 8.0, HAAT of 174

meters and with a DTV service

population of 124 thousand.

With this action, this proceeding is

terminated.

DATES: Effective April 2, 2001.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 00–177,

adopted February 14, 2001, and released

February 15, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

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

NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Television, Digital television

broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

47 CFR PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

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

Section 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

South Dakota is amended by removing

DTV channel 22 and adding DTV

channel 2 at Rapid City.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 01–4328 Filed 2–21–01; 8:45 am]

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FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA–378, MM Docket No. 00–200, RM–9967]

Digital Television Broadcast Service;

Sioux Falls, SD

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Midwest Broadcasting

Company, licensee of station

KAUN(TV), NTSC channel 36,

substitutes DTV channel 51 for DTV

channel 40 at Sioux Falls, South Dakota.

See 65 FR 63044, October 20, 2000. DTV

channel 51 can be allotted to Sioux Falls

in compliance with the principle

community coverage requirements of

Section 73.625(a) at reference

coordinates (43–30–19 N. and 96–34–19

W.) with a power of 93.0, HAAT of 230

meters and with a DTV service

population of 209 thousand.

With this action, this proceeding is

terminated.

DATES: Effective April 2, 2001.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 00–200,

adopted February 14, 2001, and released

February 15, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

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

NW., Washington, DC 20036.

List of Subjects in 47 CFR PART 73

Television, Digital television

broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

47 CFR PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

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

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

South Dakota, is amended by removing

DTV channel 40 and adding DTV

channel 51 at Sioux Falls.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 01–4327 Filed 2–21–01; 8:45 am]

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FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–381, MM Docket No. 99–268, RM–

9691]

Digital Television Broadcast Service;

Chattanooga, TN

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Sarkes Tarzian, Inc., licensee

of station WRCB–TV, NTSC channel 3,

substitutes DTV channel 13 for DTV

channel 55 at Chattanooga, Tennessee.