[Federal Register Volume 66, Number 15 (Tuesday, January 23, 2001)]
[Proposed Rules]
[Pages 7443-7457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-899]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 90
[ET Docket No. 00-221; FCC 00-395]
Reallocation of 27 MHz of Spectrum
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This document proposes to reallocate a total of 27 megahertz
of spectrum transferred from Federal Government use for non-Government
services pursuant to the Omnibus Budget Reconciliation Act of 1993 and
the Balanced Budget Act of 1997. These actions and proposals will
benefit consumers by permitting and encouraging the introduction of new
wireless technologies. This document also proposes procedures for the
reimbursement of Federal incumbents for relocation pursuant to
statutory requirements.
DATES: Comments must be submitted on or before February 22, 2001, and
reply comments on or before March 26, 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: Tom Mooring, Office of Engineering and
Technology, (202) 418-2450.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making, ET Docket 00-221, FCC 00-395, adopted November
1, 2000, and released November 20, 2000. The full text of this
Commission decision is available on the Commission's Internet site, at
http://www.fcc.gov. It is also 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. Comments may be sent as an electronic file via
the Internet to http://www.fcc.gov/e-file/ecfs.html, or by e-mail to
[email protected].
Summary of the Notice of Proposed Rule Making
1. The Notice of Proposed Rule Making (``NPRM'') proposes to
allocate a total of 27 megahertz of spectrum from the 216-220 MHz,
1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675
MHz, and 2385-2390 MHz bands transferred from Government to non-
Government use pursuant to the provisions of the Omnibus Budget
Reconciliation Act of 1993 (OBRA-93) and the Balanced Budget Act of
1997 (BBA-97). These seven bands have a variety of continuing
Government protection requirements and incumbent Government and non-
Government uses. Despite these constraints and the relatively narrow
bandwidth contained in each of the bands, we believe that the proposals
presented will foster a variety of potential applications in both new
and existing services. The transfer of these bands to non-Government
use should enable the development of new technologies and services,
provide additional spectrum relief for congested private land mobile
frequencies, and fulfill our obligation as mandated by Congress to
assign this spectrum for non-Government use. The NPRM also requests
comments on procedures for the reimbursement of relocation costs
incurred by incumbent Federal Government users as mandated by the
National Defense Authorization Act of 1999. Of the bands considered in
this proceeding, the 216-220 MHz, 1432-1435 MHz, and 2385-2390 MHz
bands are subject to competitive bidding and reimbursement of Federal
incumbents.
216-220 MHz Band
2. We propose to allocate the 216-220 MHz band generally to the
fixed (FS, Base Station Only) and mobile services (MS, except
aeronautical mobile) on a co-primary basis. We further propose to
require that any MS licensees that may be licensed in the band use the
216-218 MHz segment for base station transmit and the 218-220 MHz
segment for mobile station transmit, in order to minimize the
likelihood of interference to television channel 13 reception. As
requested by NTIA, we also propose to remove the Wildlife and Ocean
Tracking allocation from this band. We request comment on these
proposals. The 216-220 MHz band is heavily encumbered by incumbent
services. Because of the limited Government use of the band, there is
relatively little new capacity, which is likely to be made available by
vacation of the band by Government operations. Given the significant
constraints on additional use of the 216-220 MHz band, however, it is
unclear how this band might accommodate additional services and how we
might further assign licenses in this spectrum. Accordingly, we invite
comment on how we should proceed. We also invite comment on our
tentative conclusion that we have fulfilled the
[[Page 7444]]
requirement of BBA-97 to assign licenses in the 216-220 MHz band
consistent with Section 309(j) of the Communications Act.
3. We request comment on the best way to continue the viability of
incumbent, non-Government services in the band, if we were to license
new primary services. We seek to avoid any detrimental impact on the
many valuable incumbent services operating in this spectrum, including
auditory assistance devices, the LPRS, the Amateur Service, and
telemetry. We invite comment as to whether any of the existing
secondary services operating in this spectrum should be elevated to
primary status. For those entities proposing new services, we also
request recommendations for technical and service rules, such as
geographic service area, transmitter output power and out-of-band
emissions, which may be appropriate for any new services.
1.4 GHz Band
4. We address the 13 megahertz of spectrum in the four segments at
1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, and 1432-1435 MHz bands
collectively as the ``1.4 GHz spectrum.'' Several options for band
pairing or allocation of multiple bands in this spectrum have been
presented to us. We believe that it may be possible to combine some of
these bands to maximize the potential services that can be provided to
the public. We note that there is insufficient spectrum available to
accommodate all of the petitions and requests before the Commission for
the spectrum at 1.4 GHz. Our objective is to ensure that the available
spectrum is put to the best use and that this spectrum is allocated
consistent with the spectrum management principles set forth in our
Spectrum Policy Statement. We invite comment on how we should allocate
the 1.4 GHz spectrum to achieve this goal, given the requests that have
been submitted. To facilitate meaningful comment, we have present the
proposals submitted as well as several additional options for the
allocation of the 1.4 GHz spectrum, see paragraphs 24 through 37 of the
NPRM. We request comment on the options, and on any other possible
allocation schemes for the 1.4 GHz bands.
5. Parties advocating specific services for this spectrum are also
encouraged to submit specific suggestions with regard to service rules
to govern these services. We solicit comment on ways spectrum for
services might be auctioned, including the license areas and spectrum
blocks. We also request recommendations for technical rules, such as
power and out-of-band emissions limits, which may be appropriate for
any new services. In cases where commenters advocate allocating
additional spectrum for current services, we seek comment on whether we
should adopt new rules for these bands, or simply extend the current
rules to apply to the 1.4 GHz spectrum. We also solicit comment as to
the Commission rule parts under which any new services might be
regulated. We request comment on what other service rules, such as,
inter alia, eligibility and license requirements, we should adopt for
services in the 1.4 GHz spectrum.
1670-1675 MHz Band
6. We propose to allocate the band to FS and MS (except
aeronautical mobile), and to adopt technical rules that make the band
usable for a number of potential services, and other fixed and mobile
services applications. We believe that an auction of this spectrum may
be the best way to ensure that it is assigned to the best value use
that is consistent with the protection of co-channel Government and
adjacent-channel radio astronomy operations.
7. Commenters are requested to recommend technical rules, with
particular attention to protection of radio astronomy operations in the
adjacent 1650-1670 MHz band. Commenters should specify what power
limits they believe would protect Government and radio astronomy
operations, along with measures they would recommend to provide the
needed protection. We solicit comment on license areas and spectrum
blocks. We also solicit comment as to the Commission rule part or parts
under which new services in this band should be regulated, and on other
service rules for operations in the band.
2385-2390 MHz Band
8. New licensees will need to protect grandfathered Government
sites from interference in the 2385-2390 MHz band. NTIA also notes that
commercial receiver and transmitter standards must be established to
reduce the potential for mutual interference with airborne systems
operating in the adjacent band. The Commission has generally refrained
from imposing receiver standards, preferring to let market forces
determine equipment specifications. We seek comment on NTIA's
determination that receiver and transmitter standards are required. We
also request comment on whether non-Government aeronautical telemetry
for flight testing of piloted and remotely or automatically controlled
aircraft, missiles, or other components thereof, exist outside of the
17 sites identified by NTIA.
9. While the 2385-2390 MHz band is allocated on a primary basis for
both Government and non-Government aeronautical telemetry, we are
uncertain of how much of this band is used for aeronautical telemetry,
and of how many licensees use this service. We seek comment on the use
of this band for aeronautical telemetry, and how such use may be
preserved as new services enter the band. Commenters are invited to
address the possibility of moving aeronautical telemetry to another
spectrum band, reducing its status to secondary, or providing
protection for telemetry in limited areas of the United States.
10. We propose to allocate the 2385-2390 MHz band to FS and MS
generally, and allow flexible use of the band, within the technical
rules we adopt. We request comment on this proposal, especially on
whether we should allocate this band more narrowly. We seek comment on
service and auction rules for the 2385-2390 MHz band. Commenters are
requested to provide recommendations on power limits, out-of-band
emission limits, and other technical rules. We also solicit comment on
service rules governing licensing, service areas, permissible
communications, and what part of our rules should govern the band.
Finally, we request comment on any other service rules that commenters
think appropriate for regulating services in the band. We request that
commenters explain how their proposed rules will maximize efficiency of
use of the band.
Government Incumbents
11. We also propose to effect the transfer of the 27 megahertz of
Government spectrum identified in this proceeding by deleting the
Government allocations from the Table of Frequency Allocations in
coordination with NTIA. We propose to add footnotes to the Table of
Frequency Allocations, noting that the bands addressed here will remain
allocated to Government operations until the dates that the various
bands will be transferred. NTIA has also advised the Commission of
consequential changes to certain Government footnotes. We request
comment on whether this is the appropriate method for reflecting the
reallocations proposed in this proceeding.
12. We specifically seek comment from Indian Tribal governments.
The Commission is committed to (1) working with Indian tribes on a
government-to-government basis to ensure that Indian tribes have
adequate
[[Page 7445]]
access to communications services, and (2) consulting with Tribal
governments prior to implementing any regulatory action or policy that
will significantly affect tribal governments, their land, and
resources. We welcome the opportunity to consult with tribal
governments on the issues raised by this NPRM, and we seek comment both
from tribal governments and other interested parties on the potential
for the spectrum proposals set forth herein to serve the communications
needs of tribal communities.
13. We proposed that licensees planning to construct facilities
within a protection zone be required to submit data to the Commission
to allow coordination of their facilities. For each site requiring
prior coordination, the licensee would be required to notify the
Government facility within the coordination zone, via the Universal
Licensing System (``ULS''), of each proposed new facility that it
planned to construct, providing technical data including latitude,
longitude, station type, frequency range, antenna height, power, and
types of emissions. Licensees would not be permitted to operate such
facilities within the coordination zone until they obtain a response
from the Commission indicating that there are no objections from the
Government. We seek comment on using this same proposed coordination
proposal for the bands addressed here. We request comment on this
proposal or alternate procedures that provide the best method for
ensuring protection for these Government services when new services
begin operations. Commenters are invited to suggest solutions on these
and any other options they may devise. Perhaps coordination would be
sufficient to allow new non-Government operations to share spectrum
with Government operations. Commenters are specifically requested to
address protection of Government services in each of the bands at issue
here, as we doubt that a single solution will be the best method for
ensuring maximum flexibility and utility of the bands, while at the
same time providing the necessary protection for Government operations.
14. The Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (NDAA-99) requires that new entrants reimburse
incumbent Federal users for the costs of relocation. Specifically,
NDAA-99 required that ``[a]ny person on whose behalf a Federal entity
incurs costs * * * shall compensate the Federal entity in advance for
such costs. Such compensation may take the form of a cash payment or
in-kind compensation. In the NPRM in paragraphs 60 through 63, we make
proposals for how best to carry out the statutory requirements.
Recognizing important National Security concerns, separate procedures
are proposed for unclassified and classified or sensitive Government
facilities. We request comment on these proposals. Specifically, we
seek comment on what relocation information is necessary for the FCC to
hold a viable auction and for potential bidders to formulate bidding
strategies. Commenters are invited to suggest additional information or
information formats that would be of benefit to them in determining
their bidding strategies. Commenters should explain how their
suggestions provide the information necessary for bidders to plan their
strategies and expenditures.
15. In accordance with the provisions of BBA-97, we propose to
require any new licensee that has relocated a Government facility to
either remedy any defects of the new facilities, or pay to relocate the
Government facility back to its original facilities or frequencies in
any case where a Government entity's new facilities are not comparable.
We propose to use our existing rules as a basis for defining comparable
facilities of communications systems. Thus, we propose to define
comparable facilities of communications systems for purposes of BBA-97,
see paragraphs 64 through 66 of the NPRM.
Initial Regulatory Flexibility Analysis
16. 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 this Notice of Proposed
Rule Making (NPRM). 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 Notice of Proposed Rule Making
provided in paragraph 60 of the NPRM. 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. See 5 U.S.C.
603(a). In addition, the Notice of Proposed Rule Making and IRFA will
be published in the Federal Register.
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\1\ See 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). Title II of the
CWAAA is the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA).
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A. Need for, and Objectives of, the Proposed Rules
17. We proposed to allocate a total of 27 megahertz of spectrum
from the 216-220 MHz, 1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz,
1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz, bands transferred from
Government to non-Government use pursuant to the provisions of the
Omnibus Budget Reconciliation Act of 1993 and the Balanced Budget Act
of 1997. These seven bands have a variety of continuing Government
protection requirements and incumbent Government and non-Government
uses. Despite these constraints and the relatively narrow bandwidth
contained in each of the bands, we believe that the proposals presented
will foster a variety of potential applications in both new and
existing services. The transfer of these bands to non-Government use
should enable the development of new technologies and services, provide
additional spectrum relief for congested private land mobile
frequencies, and fulfill our obligations as mandated by Congress to
assign this spectrum for non-Government use.
18. This NPRM proposes general Fixed Service and Mobile Service
allocation for each of the bands addressed, and asks questions about
other possible allocations. The Notice also solicits comment on
potential service rules for the services to which the bands may be
allocated.
B. Legal Basis
19. This action is taken pursuant to Sections 4(i), 7(a), 303(c),
303(f), 303(g), and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. Sections 154(i), 157(a), 303(c), 303(f), 303(g), and
303(r).
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
20. 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.\2\ The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdictions.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act, 15 U.S.C. 632, unless the Commission has developed
one or more definitions that
[[Page 7446]]
are appropriate to its activities.\3\ A ``small business concern'' is
one that: (1) Is independently owned and operated; (2) is not dominant
in its field of operation; and (3) meets any additional criteria
established by the Small Business Administration (``SBA'').\4\
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\2\ 5 U.S.C. 603(b)(3).
\3\ See 5 U.S.C. 601(3).
\4\ 15 U.S.C. 632.
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21. A small organization is generally ``any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.'' \5\ Nationwide, as of 1992, there were
approximately 275,801 small organizations.\6\ The definition of ``small
governmental jurisdiction'' is one with populations of fewer than
50,000.\7\ There are 85,006 governmental jurisdictions in the
nation.\8\ 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 has populations of fewer than
50,000. However, this number includes 38,978 counties, cities and
towns, and of those, 37,556, or 96 percent, have populations of fewer
than 50,000.\9\ The Census Bureau estimates that this ratio is
approximately accurate for all government entities. Thus, of the 85,006
governmental entities, we estimate that 96 percent, or about 81,600,
are small entities that may be affected by our rules. Nationwide, there
are 4.44 million small business firms, according to SBA reporting
data.\10\
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\5\ Id. section 601(4).
\6\ 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).
\7\ 5 U.S.C. 601(5).
\8\ 1992 Census of Governments, U.S. Bureau of the Census, U.S.
Department of Commerce.
\9\ Id.
\10\ See 1992 Economic Census, U.S. Bureau of the Census, Table
6 (special tabulation of data under contract to Office of Advocacy
of the U.S. Small Business Administration).
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22. The NPRM proposes to allocate 27 megahertz of spectrum,
licenses in some of which will be assigned by auction, and licenses in
some of which may be assigned by auctioned. The Notice proposes very
broad allocations of this spectrum, and asks questions designed to
produce public comment which will allow the Commission to allocate and
authorize the spectrum to more narrow, specific services. The
Commission has not yet determined or proposed how many licenses will be
awarded, nor will it know how many licensees will be small businesses
until auctions, if required, are held. In addition, at this point in
the proceeding, the Commission does not know how many licensees may
partition their license areas or disaggregate their spectrum blocks, if
partitioning and disaggregation are allowed. We therefore assume that,
for purposes of our evaluations and conclusions in the IRFA, all of the
prospective licensees in the bands addressed in the Notice are small
entities, as that term is defined by the SBA.
23. Incumbent services in the 216-220 MHz band, which the Notice
proposes to allocate on a primary basis to the Fixed and Mobile
Services, include the Automated Maritime Telecommunications Service
(AMTS), telemetry users and Low Power Radio Service users. The
Commission has defined small businesses in the AMTS as those businesses
which, together with their affiliates and controlling interests, have
not more than fifteen million dollars ($15 million) in the preceding
three years. There are only three AMTS licensees, none of whom are
small businesses. However, potential licensees in AMTS include all
public coast stations, which are classified by the Small Business
Administration as Radiotelephone Service Providers, Standard Industrial
Classification Code 4812.\11\ The Commission has defined a ``small
entity'' public coast station as one employing no more than 1500
persons.\12\ According to the 1992 Census of Transportation,
Communications, and Utilities, there are a total of 1178 radiotelephone
service providers, of whom only 12 had more than 1000 employees.
Therefore, we estimate that at least 1166 small entities may be
affected by the proposed rules.
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\11\ See 13 CFR 121.201.
\12\ See Amendment of the Commission's Rules Concerning Maritime
Communications, PR Docket No. 92-257, Third Report and Order and
Memorandum Opinion and Order, 13 FCC Rcd 19853, (1998).
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24. Users of telemetry are generally large corporate entities, such
as utility companies, and it is unlikely that any of the users would be
small businesses. The Low Power Radio Service permits licensees to use
the 216-217 MHz segment for auditory assistance, medical devices, and
law enforcement tracking devices. Users are likely to be theaters,
auditoriums, churches, schools, banks, hospitals, and medical care
facilities. The primary manufacturer of auditory assistance estimates
that it has sold 25,000 pieces of auditory assistance equipment. Many
if not most Low Power Radio Service licensees are likely to be small
businesses. However, because the Low Power Radio Service is licensed by
rule, with no requirement for individual license applications or
documents, the Commission is unable to estimate how many small
businesses use the Low Power Radio Service.
25. The incumbent service in the 1427-1429 MHz band is a telemetry
licensee. The Commission has issued only one telemetry license in the
band, and Itron, Inc., the licensee, with an investment of $100 million
in equipment development, is not likely to be a small business.
26. The incumbent services in the 1429-1432 MHz band include
utility telemetry, with Itron, Inc. as the only licensee, and medical
telemetry. As stated above, Itron, Inc. is not likely to be a small
business. Users of medical telemetry are hospitals and medical care
facilities, some of which are likely to be small businesses.
27. According to the SBA's regulations, nursing homes and hospitals
must have annual gross receipts of $5 million or less in order to
qualify as a small business concern. There are approximately 11,471
nursing care firms in the nation, of which 7,953 have annual gross
receipts of $5 million or less.\13\ There are approximately 3,856
hospital firms in the nation, of which 294 have gross receipts of $5
million or less. Thus, the approximate number of small confined setting
entities to which the Commission's new rules will apply is 8,247.
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\13\ See Small Business Administration Tabulation File, SBA Size
Standards Table 2C, January 23, 1996, SBA, Standard Industrial Code
(SIC) categories 8050 (Nursing and Personal Care Facilities) and
8060 (Hospitals). (SBA Tabulation File).
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28. We invite comment on this analysis, particularly on the number
of small businesses that are likely to be affected by these proposed
rules. Commenters are invited to address how the proposed rules affect
small businesses, and to suggest alternative rules.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
29. Entities interested in acquiring spectrum in the bands at issue
in the Notice will be required to submit license applications and high
bidders will be required to apply for their individual licenses.
Additionally, new licensees will be required to file applications for
license renewals and make certain other filings as required by the
Communications Act. We request comment on how these requirements can be
modified to reduce the burden on small entities and still meet the
objectives of the proceeding.
[[Page 7447]]
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
30. In all of the bands where incumbent licensees exist, we have
inquired whether we should elevate the status of the services in which
the incumbents are licensed to primary. We have further discussed these
services at some length, and have requested public comment on how we
can accommodate incumbents in these bands during the reallocation
process.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
31. None.
List of Subjects
47 CFR Part 2
Communications equipment, Radio.
47 CFR Part 90
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rules Changes
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR Parts 2 and 90 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, is amended as follows:
a. Revise pages 23, 31, 42, 43, 47, 50, and 51 of the Table of
Frequency Allocations.
b. Revise footnotes US210, US229, US276, US311, and US352; remove
footnotes US274 and US317; and add footnotes USxxx, USyyy, and USzzz.
c. Revise footnotes G2, G27, G114, and G120; and remove footnote
G123.
The revisions and additions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
BILLING CODE 6712-01-P
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* * * * *
UNITED STATES (US) FOOTNOTES
* * * * *
US210 In the sub-band 40.66-40.7 MHz, frequencies may be
authorized to Government and non-Government stations on a secondary
basis for the tracking of, and telemetering of scientific data from,
ocean buoys and wildlife. Operation in this sub-band is subject to
the technical standards specified in: (a) Section 8.2.42 of the NTIA
Manual for Government use, or (b) 47 CFR 90.248 for non-Government
use.
* * * * *
US229 In the band 216-220 MHz, Government operations are on a
non-interference basis to authorized non-Government operations and
shall not hinder the implementation of any non-Government
operations, except at the following space surveillance stations
where Government operations are co-primary:
----------------------------------------------------------------------------------------------------------------
Transmit frequency of 216.98 MHz Receive frequencies of 216.965-216.995 MHz
----------------------------------------------------------------------------------------------------------------
North latitude/ Protection North latitude/ Protection
Location West longitude radius (km) Location West longitude radius (km)
----------------------------------------------------------------------------------------------------------------
Lake Kickapoo, TX............ 33 deg.32'/098 250 San Diego, CA.. 32 deg.34'/116 50
deg.45'. deg.58'.
Jordan Lake, AL.............. 32 deg.39'/086 150 Elephant Butte, 33 deg.26'/106 50
deg.15'. NM. deg.59'.
Gila River, AZ............... 33 deg.06'/112 150 Red River, AR.. 33 deg.19'/093 50
deg.01'. deg.33'.
Silver Lake, MO 33 deg.08'/091 50
deg.01'.
Hawkinsville, 32 deg.17'/083 50
GA. deg.'.
Fort Stewart, 31 deg.58'/081 50
GA. deg.30'.
----------------------------------------------------------------------------------------------------------------
US276 Except as otherwise provided for herein, use of the bands
2320-2345 MHz and 2360-2385 MHz by the mobile service is limited to
aeronautical telemetering and associated telecommand operations for
flight testing of manned or unmanned aircraft, missiles or major
components thereof. The following four frequencies are shared on a co-
equal basis by Government and non-Government stations for telemetering
and associated telecommand operations of expendable and reusable launch
vehicles whether or not such operations involve flight testing: 2332.5
MHz, 2364.5 MHz, 2370.5 MHz, and 2382.5 MHz. All other mobile
telemetering uses shall be secondary to the above uses.
* * * * *
US311 Radio astronomy observations may be made in the bands 1350-
1400 MHz and 4950-4990 MHz on an unprotected basis at certain radio
astronomy observatories indicated below:
------------------------------------------------------------------------
------------------------------------------------------------------------
National Astronomy and Rectangle between latitudes 17 deg.30'N
Ionosphere Center, Arecibo, and 19 deg.00'N and between longitudes
Puerto Rico. 65 deg.W and 68 deg.00'W.
------------------------------------------------------------------------
National Radio Astronomy Rectangle between laditudes 32 deg.30'N
Observatory, Socorro, New and 35 deg.30'N and between longitudes
Mexico. 106 deg.00'W and 109 deg.00 deg.'W.
------------------------------------------------------------------------
National Radio Astronomy Rectangle between latitudes 37 deg.30'N
Observatory, Green Bank, West and 39 deg.15'N and between longitudes
Virginia. 78 deg.30'W and 80 deg.30'W.
------------------------------------------------------------------------
National Radio Astronomy 80 Kilomters (50 mile) radious centered
Observatory, Very Long on:
Baseline Array Stations.
------------------------------------------------------------------------
Latitude (North) Longitude (West)
------------------------------------------------------------------------
Pie Town, NM................... 34 deg.18' 108 deg.07'
Kitt Peak, AZ.................. 31 deg.57' 111 deg.37'
Los Alamos,NM.................. 35 deg.47' 106 deg.15'
Fort Davis, TX................. 30 deg.38' 103 deg.57'
North Liberty, IA.............. 41 deg.46' 91 deg.34'
Brewster, WA................... 48 deg.08' 119 deg.41'
Owens Valley, CA............... 37 deg.14' 118 deg.17'
Saint Croix, VI................ 17 deg.46' 64 deg.35'
Mauna Kea, HI.................. 19 deg.48' 155 deg.27'
Hancock, NH.................... 42 deg.56' 71 deg.59'
------------------------------------------------------------------------
Every practicable effort will be made to avoid the assignment of
frequencies in the bands 1350-1400 MHz and 4950-4990 MHz to stations in
the fixed and mobile services that could interfere with radio astronomy
observations within the geographic areas given above. In addition,
every practicable effort will be made to avoid assignment of
frequencies in these bands to stations in the aeronautical mobile
service which operate outside of those geographic areas, but which may
cause harmful interference to the listed observatories. Should such
assignments result in harmful interference to these observatories, the
situation will be remedied to the extent practicable.
* * * * *
US352 In the band 1427-1432 MHz, Government operations, except for
medical telemetry operations in the sub-band 1429-1432 MHz, are on a
non-interference basis to authorized non-Government operations and
shall not hinder the implementation of any non-Government operations,
except at the sites identified below where Government operations are
co-primary until January 1, 2004:
[[Page 7456]]
----------------------------------------------------------------------------------------------------------------
North latitude/ North latitude/
Location West longitude Radius Location West longitude Radius (km)
----------------------------------------------------------------------------------------------------------------
Patuxent River, MD........... 38 deg.17'/076 70 Mountain Home 43 deg.01'/115 160
deg.25'. AFB, ID. deg.50'.
NAS Oceana, VA............... 36 deg.49'/076 100 NAS Fallon, NV. 39 deg.24'/118 100
deg.02'. deg.43'.
MCAS Cherry Point, NC........ 34 deg.54'/076 100 Nellis AFB, NV. 36 deg.14'/115 100
deg.52'. deg.02'.
Beaufort MCAS, SC............ 32 deg.26'/080 160 NAS Lemore, CA. 36 deg.18'/119 120
deg.40'. deg.47'.
NAS Cecil Field, FL.......... 30 deg.13'/081 160 Yuma MCAS, AZ.. 32 deg.39'/114 160
deg.52'. deg.35'.
NAS Whidbey IS., WA.......... 48 deg.19'/122 70 China Lake, CA. 35 deg.29'/117 80
deg.24'. deg.16'.
Yakima Firing Ctr AAF, WA.... 46 deg.40'/120 70 MCAS Twenty 34 deg.15'/116 80
deg.15'. Nine Palms, CA. deg.03'.
----------------------------------------------------------------------------------------------------------------
* * * * *
USxxx In the band 1432-1435 MHz, Government operations are on a
non-interference basis to authorized non-Government operations and
shall not hinder the implementation of any non-Government operations,
except at the sites identified below where Government operations are
co-primary:
----------------------------------------------------------------------------------------------------------------
North latitude/ Protection North latitude/ Protection
Location West longitude radius (km) Location West longitude radius (km)
----------------------------------------------------------------------------------------------------------------
China Lake/Edwards AFB, CA.. 35 deg.29'/117 100 AUTEC.......... 24 deg.30'/078 80
deg.16'. deg.00'.
White Sands Missile Range/ 32 deg.11'/106 160 Beaufort MCAS, 32 deg.26'/080 160
Holloman AFB, NM. deg.20'. SC. deg.40'.
Utah Test and Training Range/ 40 deg.57'/113 160 MCAS Cherry 34 deg.54'/076 100
Dugway Proving Ground, Hill deg.05'. Point, NC. deg.53'.
AFB, UT.
Patuxent River, MD.......... 38 deg.17'/076 70 NAS Cecil 30 deg.13'/081 160
deg.24'. Field, FL. deg.52'.
Nellis AFB, NV.............. 37 deg.29'/114 130 NAS Fallon, NV. 39 deg.30'/118 100
deg.14'. deg.46'.
Fort Huachuca, AZ........... 31 deg.33'/110 80 NAS Oceana, VA. 36 deg.49'/076 100
deg.18'. deg.01'.
Eglin AFB/Gulfport ANG 30 deg.28'/086 140 NAS Whidbey 48 deg. 21'/122 70
Range, MS/Fort Rucker, AL. deg.31'. Island, WA. deg.39'.
Yuma Proving Ground, AZ..... 32 deg.29'/114 160 NCTAMS, GUM.... 13 deg.35'/144 80
deg.20'. deg.51' East.
Fort Greely, AK............. 63 deg.47'/145 80 Lemoore, CA.... 36 deg.20'/119 120
deg.52'. deg.57'.
Redstone Arsenal, AL........ 34 deg.35'/086 80 Savannah River, 33 deg.15'/081 3
deg.35'. SC. deg.39'.
Alpene Range, MI............ 44 deg.23'/083 80 Naval Space 44 deg.24'/068 80
deg.20'. Operations deg.01'.
Center, ME.
Camp Shelby, MS............. 31 deg.20'/089 80
deg.18'.
----------------------------------------------------------------------------------------------------------------
USyyy In the band 1670-1675 MHz, Government operations are on a
non-interference basis to authorized non-Government operations and
shall not hinder the implementation of any non-Government operations,
except that the Geostationary Orbit Environmental Satellite receiving
earth station at Wallops Island, VA (37 deg. 56' 47'' N, 75 deg. 27'
37'' W) operates on a co-primary basis.
USzzz Until January 1, 2005, the band 2385-2390 MHz is also
allocated to the Government mobile and radiolocation services on a co-
primary basis and to the Government fixed service on a secondary basis.
Use of the mobile service is limited to aeronautical telemetry and
associated telecommand operations for flight testing of manned or
unmanned aircraft, missiles or major components thereof. Use of the
radiolocation service is limited to the military services. On January
1, 2005, Government operations in the band 2385-2390 MHz shall be on a
non-interference basis to authorized non-Government operations and
shall not hinder the implementation of any non-Government operations,
except at the sites identified below where Government operations are
co-primary until January 1, 2007:
----------------------------------------------------------------------------------------------------------------
North latitude/ Protection North Latitude/ Protection
Location West longitude radius (km) Location West longitude radius (km)
----------------------------------------------------------------------------------------------------------------
Yuma Proving Ground, AZ..... 32 deg.54'/114 160 Palm Beach 26 deg.54'/080 160
deg. 20'. County, FL. deg.19'.
Nellis AFB, NV.............. 37 deg.48'/116 160 Barking Sands, 22 deg.07'/159 160
deg.28'. HI. deg.40'.
White Sands Missile Range, 32 deg.58'/106 160 Roosevelt 18 deg.14'/065 160
NM. deg.23'. Roads, PR. deg.38'.
Utah Test Range, UT......... 40 deg.12'/112 160 Glasgow, MT.... 48 deg.25'/106 160
deg.54'. deg.32'.
China Lake, CA.............. 35 deg.40'/117 160 Edwards AFB, CA 34 deg.54'/117 100
deg.41'. deg.53'.
Eglin AFB, FL............... 30 deg.30'/086 160 Patuxent River, 38 deg.17'/076 100
deg.30'. MD. deg.25'.
Cape Canaveral, FL.......... 28 deg.33'/080 160 Witchita, KS... 37 deg.40'/097 160
deg.34'. deg.26'.
Seattle, WA................. 47 deg.32'/122 160 Roswell, NM.... 33 deg.18'/104 160
deg.18'. deg.32'.
St. Louis, MO............... 38 deg.45'/090 160
deg.22'.
----------------------------------------------------------------------------------------------------------------
[[Page 7457]]
* * * * *
Federal Government (G) Footnotes
* * * * *
G2 In the bands 220-225 MHz, 420-450 MHz (except as provided by
US217), 890-902 MHz, 928-942 MHz, 1300-1390 MHz, 2310-2385 MHz,
2417-2450 MHz, 2700-2900 MHz, 5650-5925 MHz, and 9000-9200 MHz, the
Government radiolocation service is limited to the military
services.
* * * * *
G27 In the bands 255-328.6 MHz, 335.4-399.9 MHz, and 1350-1390
MHz, the fixed and mobile services are limited to the military
services.
* * * * *
G114 The band 1369.05-1390 MHz is also allocated to the fixed-
satellite service (space-to-Earth) and to the mobile-satellite
service (space-to-Earth) on a primary basis for the relay of nuclear
burst data.
* * * * *
G120 Development of airborne primary radars in the band 2310-
2385 MHz with peak transmitter power in excess of 250 watts for use
in the United States is not permitted.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
3. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 302(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
4. Section 90.248 is amended by revising paragraph (a) and removing
and reserving paragraph (e)(2) to read as follows:
Sec. 90.248 Wildlife and ocean buoy tracking.
(a) The frequency band 40.66-40.7 MHz may be used for the tracking
of, and the telemetry of scientific data from, ocean buoys and animal
wildlife.
* * * * *
[FR Doc. 01-899 Filed 1-22-01; 8:45 am]
BILLING CODE 6712-01-P