[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