[Federal Register: March 17, 2003 (Volume 68, Number 51)]
[Rules and Regulations]
[Page 12743-12777]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr03-16]
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Part II
Federal Communications Commission
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47 CFR Parts 1, 2, 73, 74, 78 and 101
Broadcast Auxiliary Service Rules; Final Rule
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 73, 74, 78 and 101
[ET Docket No. 01-75; FCC 02-298]
Broadcast Auxiliary Service Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document amends our rules pertaining to the Broadcast
Auxiliary Services (BAS) to permit BAS stations to introduce new
technologies and create a more efficient BAS that can more readily
adapt as the broadcast industry converts to the use of digital
technology, such as digital television (DTV). We also make conforming
amendments our rules pertaining to the Radio Broadcast Services, the
Cable Television Relay Service (CARS), and to our rules pertaining to
Fixed Microwave Services (FS). In many cases, the BAS, CARS, and FS
share frequency bands and have technically and operationally similar
stations, and our rule changes will permit these three services to
operate under consistent regulatory guidelines.
DATES: Effective April 16, 2003, except for Sec. Sec. 74.535 and
74.637 which became effective on October 30, 2002.
FOR FURTHER INFORMATION CONTACT: Ted Ryder, Office of Engineering and
Technology, (202) 418-2803.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, ET Docket No. 01-75, FCC 02-298, adopted October 30, 2002,
and released November 13, 2002. The full text of this document is
available for inspection and copying during regular business hours in
the FCC Reference Center (Room CY-A257), 445 12th Street, SW.,
Washington, DC 20554. The complete text of this document also may be
purchased from the Commission's copy contractor, Qualex International,
445 12th Street, SW., Room, CY-B402, Washington, DC 20554. The full
text may also be downloaded at: http://www.fcc.gov. Alternative formats
text may also be downloaded at: http://www.fcc.gov. Alternative formats
are available to persons with disabilities by contacting Brian Millin
at (202) 418-7426 or TTY (202) 418-7365.
Summary of the Report and Order
1. The Report and Order amends part 74 of our rules pertaining to
the Broadcast Auxiliary Services (BAS) to permit BAS stations to
introduce new technologies and create a more efficient BAS that can
more readily adapt as the broadcast industry converts to the use of
digital technology, such as digital television (DTV). We also make
conforming amendments to part 73 of our rules pertaining to the Radio
Broadcast Services, to part 78 of our rules pertaining to the Cable
Television Relay Service (CARS), and to part 101 of our rules
pertaining to Fixed Microwave Services (FS). In many cases, the BAS,
CARS, and FS share frequency bands and have technically and
operationally similar stations, and our rule changes will permit these
three services to operate under consistent regulatory guidelines.
BAS Technical Rules (Part 74) and Conforming Technical Rules for Parts
74, 78 and 101 Digital Modulation in All Television and Aural BAS Bands
2. Section 74.637 of the Commission's rules sets forth emission
requirements for TV BAS operations. Digital modulation provides for
analog or digital modulation in the 6425-6525 MHz, 17.7-19.7 GHz, and
31.0-31.3 GHz bands. Although the rules do not specifically prohibit
digital modulation in other TV BAS bands (i.e., 2025-2110 MHz and 2450-
2483.5 MHz (2 GHz), 6875-7125 MHz (7 GHz), and 12.7-13.25 GHz (13
GHz)), the Commission's policy relative to BAS has been to allow
digital modulation only in bands where it specifically authorized.
Therefore, under current policy, licensees must obtain a waiver of the
rules to transmit using digital modulation in the 2 GHz, 7 GHz, and 13
GHz bands.
3. The Report and Order modified Sec. 74.637 to permit use of any
available digital modulation technique in all TV BAS bands and also
modifies Sec. 74.535 to permit digital modulation in all aural BAS
bands. We find that permitting digital modulation in the 2 GHz, 7 GHz,
13 GHz TV BAS bands, and all aural BAS bands will provide licensees
with increased flexibility in the provision of BAS operations, promote
more efficient use of this spectrum, and facilitate the transition to
reduced channel bandwidths in the 2 GHz band, and to DTV.
4. In order to facilitate the expeditious processing of the
approximately 500 pending applications for digital BAS operations, the
following BAS rules will became effective October 30, 2002, the adopted
date of the Report and Order: Sec. Sec. 74.535 and 74.637. Pursuant to
5 U.S.C. 553(d)(1) and 553(d)(3), we find good cause to make these
rules effective immediately rather than to follow the normal practice
of making them effective 30 days after publication in the Federal
Register, due to the pendency of the BAS applications. Accordingly, we
began processing these BAS applications on October 30, 2002, the
adoption date of the Report and Order. Defective BAS applications filed
on or before November 13, 2002, the release date of the Report and
Order, will be returned with the opportunity to amend. Defective BAS
applications filed after November 13, 2002, the release date of the
Report and Order may be subject to dismissal. In addition, we will
allow relief from any new frequency coordination requirement imposed by
the rules we adopted, such as new prior coordination procedures for
fixed systems proposed in applications accepted for filing before the
effective date of the rules. Specifically, we deem digital applications
filed before the effective date of the rules in the Report and Order to
have been properly coordinated under the existing coordination
requirements, absent any evidence to the contrary, and we will not
require re-coordination of these applications under prior coordination
procedures effective under the new rules that also permit digital
modulation (see footnote 22 in the Report and Order). We conclude that
adherence to the existing frequency coordination requirements has been
sufficient to ensure that these digital and analog/digital systems do
not cause harmful interference to existing stations, and that re-
coordination, or the imposition of frequency coordination where it was
not previously required, would be unnecessarily burdensome to the
applicants. Moreover, most digital BAS systems that have been applied
for are operating under an STA and we have not received any evidence of
interference from these systems. We therefore will not require re-
coordination for digital applications filed before the effective date
of the rules. Finally, we will exercise flexibility with respect to
compliance with the technical rules adopted herein when processing
these applications.
Maximum Effective Isotrophic Radiated Power for Short Paths
5. We have modified the rules to implement in Sec. Sec. 74.644 and
78.108 the same equation codified at Sec. 101.143 for determining the
maximum effective isotrophic radiated power for short paths (EIRP) for
path lengths shorter than the specified minimum. Further, we are
grandfathering existing fixed links that are less than 17 km in length
in the 2450-2483.5 MHz band. However, we will not permit grandfathered
or other existing links that are modifying from analog operation to
analog/digital or digital operation, to retain grandfathered status,
and thus continue operation at their current elevated power levels, or
be
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treated as minor modifications, even if operation is interference-free
or is frequency coordinated, unless operation at the higher power
levels is justified. Such continuation would otherwise ignore the
existing requirement in Sec. Sec. 74.644 and 78.108(c) that power in
excess of that specified be justified by an appropriate technical
showing, and could lead to the continuation of unnecessarily excessive
power levels, thus defeating the spectral efficiency intended by
minimum path length requirements. We decline to classify the conversion
from analog to analog/digital or digital operation as a minor
modification. Such a change is and will remain classified as major
under Sec. 1.929. Further, while operation without interference is
possible, and frequency coordination may demonstrate the ability of the
system to operate without interference, neither would necessarily
justify the continuation of higher power levels, or thus warrant the
continuation. We therefore decline to accept such conditions as
sufficient justification to warrant the continuation of higher power
levels, and will continue to require an appropriate technical showing
justifying the elevated power, as required by Sec. 74.644. With
respect to MRC's recommendation to require upgrade of old analog
receivers to avert harmful interference from a system converting to
multiplexed analog/digital operation, we decline to impose such an
upgrade, as our rules do not contain minimum receiver performance
requirements.
6. We decline to designate the 1990-2110 MHz and 2450-2483.5 MHz
bands for use by Remote Pickup BAS operations. We also decline to phase
out fixed operation in these bands, to prohibit new fixed path lengths
shorter than 17 km in these bands, or to phase out existing short paths
in these bands in five years. We recognize that it is possible that the
removal of fixed paths could free up spectrum for mobile use in some
areas. However, we find that such action would unnecessarily limit the
flexibility of TV BAS to accommodate fixed paths, where such paths are
feasible and desirable with respect to mobile use of the band. This is
particularly true for short paths, whose reduced EIRP can accommodate
them in a spectrally efficient way. Moreover, the forced relocation of
existing fixed links would be a burden on licensees.
Transmitter Power
7. We find that the proposals to harmonize power limits among parts
74, 78, and 101, and to express those limits as maximum EIRPs will
provide consistency and promote greater efficiency in our rules. We
have adopted our proposals as stated in the Notice of Proposed Rule
Making, (NPRM) 66 FR 28686, May 24, 2001, and are specifying the
following EIRP limits: (a) For aural BAS operations in the 944-952 MHz
band, 40 dBW; (b) for fixed operations for TV BAS in the 1990-2110 MHz
and 2450-2483.5 MHz bands, 45 dBW; and (c) for mobile operations for TV
BAS in the 1990-2110 MHz and 2450-2483.5 MHz bands and CARS operations
in the 1990-2110 MHz band, 35 dBW. We have also deleted output power
limitations for fixed systems as it will permit flexibility in
designing systems. However, we will maintain output power limitations
in the rules for mobile systems. Maintaining these limits will reduce
the potential for interference from mobile systems because they limit
EIRP for omnidirectional mobile systems and reduce off-axis EIRP for
directional mobile systems.
8. Comsearch asked that the part 101 EIRP limit for the 12,200-
13,250 MHz band be amended from 50 dBW to conform to the parts 74 and
78 limit of 55 dBW. We generally agree. We believe that providing
common technical standards for similar stations simplifies the
manufacturing and licensing process. We note that, except for LTTS,
fixed stations under part 101 have not been eligible for new licenses
in the 12,700-13,200 MHz portion of the band since 1983. These stations
were designed and have been operating for the last 19 years or more
with the 50 dBW limit. Thus, we see no reason to modify that limit for
these stations. We will increase the EIRP limit to 55 dBW for all FS
stations in the 13,200-13,250 MHz portion of the band. Further, we note
that the rules for common carriers in the LTTS specify that they are
subject to the technical rules of parts 74 and 78 in certain frequency
bands shared with BAS and CARS. Therefore, they also will be subject to
the higher 55 dBW limit we are adopting for fixed stations. To avoid
confusion in the rules, we will amend Sec. 101.807 to clearly state
that LTTS stations in certain bands shared with BAS and CARS should
follow the power rules of parts 74 and 78.
9. We found that maintaining the same EIRP limits for digital and
analog systems is appropriate because, although digital systems would
normally require less EIRP to operate, lowering their maximum EIRP
could render them more susceptible to interference from higher powered
analog systems. Finally, regarding BAS station operations at 2483.5-
2500 MHz, the new EIRP limits should not apply to grandfathered
systems. Accordingly, in the final rules, we will specify that only the
2450-2483.5 MHz band is available for BAS stations. We note, however,
that this action in no way affects the continued rights of
grandfathered BAS stations in the 2483.5-2500 MHz band, as described in
footnote NG147 of the Table of Frequency Allocations.
Emission Masks
10. Emission masks serve to maximize spectrum efficiency by
permitting reasonable and practical information transfer within a
channel and at the same time limiting out-of-band emissions to minimize
adjacent channel interference. Our rules contain a number of emission
masks tailored to specific operations and channel sizes. For example,
different emission masks are authorized under parts 74, 78, and 101.
Although the same equipment is often certified and used by licensees in
different services, our rules, in some cases, allow each service to use
a different emission mask for the same type of emission (e.g., FM, AM,
etc.) in the same frequency band. The Commission in the NPRM proposed
to make the FM and digital modulation emission mask requirements for
BAS consistent with the requirements for FS in part 101 and proposed to
adopt standard measurement procedures to measure emissions.
Additionally, the Commission proposed to grandfather existing equipment
authorized pursuant to current emission masks.
11. Commenters did not address our proposals to standardize the
emission masks between part 74 and part 101. Most comments addressed
nuances of the rules, such as how they apply to composite systems. On
the specific emission masks proposed, the comments received were
supportive. We believe that maintaining the status quo in the 2 GHz
band would harm the industry more than help it. By providing certainty
to manufactures and users regarding equipment, we believe that the
industry will be able to move forward and begin making wide scale use
of digital equipment to increase spectral efficiency and to ensure that
equipment is available for broadcasters as they transition to DTV.
Accordingly, we adopted the proposals to amend the part 74 aural and TV
BAS emission masks to make them consistent with the emission masks of
part 101. As stated in the NPRM, imposing a single set of standards
across shared frequency bands will simplify the manufacturing and
equipment authorization processes. Additionally, consistent rules will
provide a level of certainty to licensees regarding the expected RF
environment,
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minimize the potential of harmful interference and simplify the
frequency coordination process. In addition, we adopt our proposal to
grandfather existing equipment, and will do so for existing equipment
and equipment of current production lines authorized, via certification
or verification pursuant to the current emission standards, up to two
years after the adoption of this Report and Order, and for stations
authorized to use such equipment pursuant to an application filed up to
two years after the adoption of this Report and Order. However, any
such non-conforming equipment replaced on or after two years after the
adoption of this Report and Order must be replaced by conforming
equipment.
12. We will require Coded Orthogonal Frequency Division
Multiplexing (COFDM) systems to meet the emission limitations of the
digital mask. We will grandfather existing equipment and equipment of
current production lines for two years consistent with our decision.
Finally, we clarify that the correct emission type for COFDM is W7D.
13. MRC, the only commenter to address the issue of hybrid digital/
analog systems, supports our proposal to apply the digital mask to such
systems if the digital traffic is 50% or more of the total peak
deviation. We adopted this proposal. For comparison digital/analog
systems, similar to hybrid systems, we will apply the appropriate
analog or digital emission mask based on the percentage of the channel
that carries a digital signal. Specifically, this percentage will be
calculated as the system's digital necessary bandwidth divided by the
aggregate necessary bandwidth. For purposes of equipment authorization
and licensing, the output power and EIRP of a composite system will be
its aggregate output power and EIRP. Both composite and hybrid systems
will ease the transition to DTV as they provide a migration path for
licensees to transition from an analog NTSC signal to a dual analog/
digital (NTSC/ATSC) signal, and eventually to only a digital signal. We
believe that the procedures we have adopted will simplify and advance
the transition to DTV while protecting the ability of coordinators to
engineer systems.
14. To determine the emission designator for a composite system, we
will use the aggregate necessary bandwidth of the system, which is
comprised of the analog necessary bandwidth, any band between the
analog and digital signals, and the digital necessary bandwidth. The
emission designator will also use the appropriate emission type, such
as F9F or F9W, indicating that the system accommodates at least one
analog and at least one digital signal. We note that licensees who
modify their equipment from an analog system to a composite analog/
digital system, must also modify their station authorization to show
the new emission type using ULS. Under the rules, such a change would
be considered major and require a new frequency coordination.
15. We did not receive any comments with regard to our proposals
for standardized measurement procedures. We continue to believe that
our procedures should ensure that all equipment is measured
consistently. Therefore, for measuring compliance with the emission
mask, for emissions removed from the center frequency by 250% of the
emission bandwidth or less, we will permit a reduction of the
measurement reference bandwidth below the mask reference bandwidth to a
value not less than 1% of the emission bandwidth, or the next higher
measurement bandwidth available. This will allow for more accurate
emissions measurements just outside the edge of the emission bandwidth,
which might otherwise be blurred by the contribution of much greater
emissions within the emission bandwidth. For measurements outside this
range, we will use the International Telecommunication Union (ITU)
guidelines of a 100 kHz resolution bandwidth for systems operating on
frequencies below 1 GHz and a 1 MHz resolution bandwidth for systems
operating on frequencies above 1 GHz. We realize that this may create a
situation where the emissions mask reference bandwidth stated in the
rule is less than the measurement resolution bandwidth. If this occurs,
there could be some blurring of spectral spikes that might otherwise be
detected. We believe that the benefits of simplification and
standardization outweigh the potential for such effects to result in
interference to adjacent channels. Further, to protect adjacent channel
operations, we will require that the emission mask attenuation
requirement be corrected to decrease with the ratio of measurement
resolution bandwidth to mask reference bandwidth, i.e., by a factor of
10 log10(Bres/Bref), where
Bres is the measurement resolution bandwidth and
Bref is the emissions mask reference bandwidth in the rule.
Finally, we note that the analog FM emission mask does not specify a
mask reference bandwidth, which, in conjunction with the measurement
resolution bandwidth, could be used to calculate the correction.
However, it is the policy of the Commission's Laboratory Division,
which approves equipment authorizations, to require the use of a mask
reference bandwidth of 100 kHz for this mask. Accordingly, we have
amended the analog FM emission mask for part 74 TV and aural BAS to
reflect a 100 kHz emission mask reference bandwidth.
Automatic Transmit Power Control
16. Automatic transmit power control (ATPC) is a function that
provides for more efficient spectrum use by ensuring that the
transmitter only uses the power necessary to maintain reliable
communications. Radios that use ATPC operate with certain power levels
during normal propagation conditions. When the receiver detects a drop
in received signal level, due to multipath or a rain fade, for example,
the receiver sends a signal to the transmitter to gradually increase
power. When the received signal level begins to rise, the receiver
sends a signal to the transmitter to reduce power. By operating in this
manner, interference levels into nearby microwave paths are reduced and
more frequencies can be coordinated and used in any given geographic
area. Additionally, by keeping signal levels low, ATPC reduces power
consumption of the radio, which lowers operating costs and increases
equipment reliability.
17. As proposed in the NPRM, we will permit TV BAS, aural BAS, and
CARS licensees to use ATPC, and we encourage using TIA TSB 10-F
guidelines. While the benefits of using ATPC for BAS may not be as
great in other services because BAS generally uses one-way, rather than
two-way, communications, the benefits can still be significant. For
those stations using two-way communications, ATPC will permit more
systems to be frequency coordinated, thus promoting the maximum
utilization of spectrum. With respect to TIA TSB 10-F, we recognize the
value of standardized, industry-wide frequency coordination guidelines.
Interference to Geostationary Satellites
18. We have adopted our proposal to consolidate in part 101 any
parts 74 and 78 technical rules that pertain to protecting
geostationary satellites from interference from terrestrial systems.
This action will decrease redundancy in our rules and ensure that
future changes to GSO protection requirements are consistent across
affected services. In this connection, we have updated the frequencies
listed in Sec. 101.145(b) and (c) to encompass the BAS and CARS bands
subject to RF radiation limits directed towards satellites. We note
that this will result in the addition of the frequency
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band 6875-7075 MHz to Sec. 101.145(b) and the frequency band 12.75-
13.25 GHz to Sec. 101.145(c). We are removing Sec. 78.105(a)(4),
which restricts CARS antenna orientation to prevent interference to GSO
satellites in the 12.70-12.75 GHz band, as these protections are
redundant with those afforded by Sec. 78.106(b) for the larger 12.70-
13.25 GHz band.
Frequency Coordination
19. We adopted frequency coordination procedures for all TV and
aural BAS and CARS frequency bands. The rules adopted in the R&O will
require all fixed stations, except for those in the 1990-2110 MHz band,
to use the frequency coordination procedures of Sec. 101.103(d). For
mobile BAS and CARS, we will maintain the use of Sec. 101.103(d)
procedures in those bands where it is currently required (i.e., 6425-
6525 MHz and 17.7-19.7 GHz) and flexibly permit use of Sec. 101.103(d)
or local coordination procedures for the 2450-2483.5 MHz, 6875-7125
MHz, and 12,700-13,250 MHz bands. For all other mobile BAS and CARS
stations, we will continue to allow mobile stations to coordinate
locally. In the 1990-2110 MHz band, we will maintain the current system
which allows for local coordination of all stations. The rules will be
applied uniformly across the United States for both urban and rural
environments.
20. For the 1990-2110 MHz band, we will continue to maintain
procedures which allow for local frequency coordination for all
stations `` fixed and mobile. In this band, we deviate from the policy
articulated above for fixed stations based on unique circumstances of
this band. Specifically, it is used predominantly by mobile TV pickup
stations, but also supports some fixed links and it is currently
transitioning to accommodate MSS in the 1990-2025 MHz portion of the
band. Because each area of the United States may transition to MSS at
different times, local frequency coordinators may be in the best
position to accommodate requests to local operating conditions. We have
adopted changes to Sec. Sec. 74.638 and 78.36 which supplement local
frequency coordination procedures for fixed systems to require the
submission of a certification attesting that all co-channel and
adjacent-channel licensees and applicants potentially affected by the
proposed fixed use of the frequencies have been notified and are in
agreement that the proposed facilities can be installed without causing
harmful interference to other users.
21. An additional issue related to frequency coordination involves
protection standards for stations. The NPRM discussed the importance of
uniform frequency coordination procedures and standards to simplify
coordination in shared bands and minimize the potential of stations
causing interference. In this regard, the procedures in part 101 have
served the FS well in the past, providing a firm and uniform, yet
adaptable, basis for engineering systems without harmful interference,
while maximizing frequency re-use. Thus, we believe that these same
procedures will similarly benefit BAS and CARS. We note that these
criteria are consistent with those already in effect for all BAS and
CARS operations in the 12.7-13.25 GHz band Therefore, we have adopted
Sec. 101.105 interference criteria for use where Sec. 101.103(d)
frequency coordination procedures apply to BAS and CARS.
Frequency Tolerance
22. We have eliminated separate frequency tolerance requirements
for base and mobile operations, and adopted a frequency tolerance of
0.001% for fixed and mobile TV BAS equipment operating in the 2450-
2483.5 MHz band. We found that having consistent frequency tolerance
requirements for both fixed and mobile transmitters will simplify
frequency coordination and improve spectrum efficiency. Similarly, by
adopting a frequency tolerance requirement, we will ensure that
spectrally efficient equipment is used and, for example, in the 2450-
2483.5 MHz band, that the potential for adjacent channel interference
is reduced. In that regard, to accommodate existing product lines in
the 2450-2483.5 MHz band such as those of MRC, we will delay the
effective date of the 0.001% tolerance in that band for two years. We
found that this will accommodate MRC's existing product line, and
strikes a balance between the benefits of spectrum efficiency afforded
by a tighter tolerance and the indefinite accommodation sought by MRC
for non-compliant product lines. Thus, we will grandfather existing
equipment and equipment of current production lines exceeding the new
0.001% tolerance in the 2450-2483.5 MHz band and authorized, via
certification or verification, up to two years after the adoption of
the Report and Order, and stations authorized to use such equipment
pursuant to an application filed up to two years after the adoption of
the Report and Order. However, any such non-conforming equipment
replaced on or after two years after the adoption of the Report and
Order must be replaced by conforming equipment.
Use of the 13.150-13.2125 GHz Band by BAS and CARS Pickup Stations
23. As proposed in the NPRM, we are updating Sec. 74.602(a) Note 2
to implement, in accordance with the NGSO Order, 66 FR 7606, January
24, 2001, expansions in mobile TV BAS and CARS pickup stations' use of
the 13.15-13.2125 GHz band and the exclusion of NGSO FSS from that
band. We note that the recent Optel Order 67 FR 43257, June 27, 2002,
has rendered BAS pickup stations primary, and CARS stations, secondary
to BAS pickup stations, in the 13.20-13.25 GHz band, and we have
updated Sec. 74.602(a), Note 2, to reflect this status in the 13.20-
13.2125 sub-band. Consistent with these actions, we have also updated
Sec. 78.18(1) with respect to CARS, and footnote NG53 to the Table of
Frequency Allocations in Sec. 2.106. Further, we are grandfathering at
their current status all fixed stations licensed in the 13.15-13.2125
GHz band prior to the effective date of the rules in the Report and
Order.
Use of the 31.0-31.3 GHz and 38.6-40.0 GHz Bands by the BAS and CARS
24. We adopted the proposals in the NPRM to eliminate references to
the 31.0-31.3 GHz and 38.6-40.0 GHz bands from BAS and CARS technical
rules, and to grandfather BAS incumbents in the 38.6-40.0 GHz band. We
note that the incumbent BAS licensees remain bound by the operational
parameters specified on their current authorizations. We also clarify
that, as stated in footnote US291 to the Table of Frequency
Allocations, mobile BAS facilities in the 38.6-40.0 GHz band operate on
a secondary basis with respect to stations operating in accordance with
the Table of Frequency Allocations, which include Winstar's operations
under part 101. In this connection, consistent with our actions
removing references to the 38.6-40.0 GHz band from part 74, we are
removing Auxiliary Broadcasting from that band in the Table of
Frequency Allocations. We are also removing footnote US291 from the
Federal Government and Non-Federal Government columns of the table and
replacing it with footnote NG175 in the Non-Federal Government column
only, revised to show that the band is no longer available for BAS, and
that incumbent mobile BAS operations licensed as of the effective date
of the rules in the Report and Order are grandfathered and may continue
to operate indefinitely on a secondary basis with respect to part 101
licensees. We are revising Sec. 2.106, Table of Frequency Allocations,
and part 74 of our rules.
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BAS Service Rules (Part 74)
Temporary Conditional Authority
25. The Commission proposed in the NPRM to allow BAS applicants who
apply for new or modified stations to operate under temporary
conditional authority after an application has been properly filed with
the Commission. This type of operating authority is permitted in other
coordinated services, such as those authorized under parts 90 and 101
and Remote Pickup BAS. The Commission proposed to make such temporary
conditional authority subject to the following conditions:
[sbull] The applicant must be eligible to operate the particular
class of broadcast auxiliary station.
[sbull] The station must be operating in conformance with the rules
for that particular class of station and in accordance with the terms
of the frequency coordination.
[sbull] The application does not propose operation in an area that
requires international coordination.
[sbull] The application does not request a waiver of the
Commission's rules.
[sbull] The proposed station will not significantly affect the
environment as defined in part 1, subpart I of the Commission's rules.
[sbull] The antenna structure either has a FCC Registration Number
or is determined to not need one.
[sbull] The proposed station affords protection to radio ``quiet''
zones and monitoring stations.
The Commission also proposed to allow temporary conditional
authority for low power auxiliary stations authorized under part 74,
subpart H. To effectuate these changes, the Commission proposed to
remove Sec. 74.431(g) and to adopt new Sec. 74.25 to allow temporary
conditional authorizations for all broadcast auxiliary services. We
find that providing BAS applicants with the ability to operate under
temporary conditional authority is appropriate. We are removing Sec.
74.431(g) and adopting a new Sec. 74.25 to allow temporary conditional
authorizations for all broadcast auxiliary services.
Short Term Operation
26. Section 74.24 provides broadcast licensees regulated under part
73 of our rules (i.e., AM, FM, and TV broadcast stations, including
Class A stations) with the authority to operate a broadcast auxiliary
station on a short-term secondary basis, for up to 720 hours per year,
without prior authorization from the Commission, subject to providing
notification to the local frequency coordinator, and to co-channel and
adjacent channel CARS licensees. This rule section provides
broadcasters with flexibility to respond to short term situations that
occur outside of a station's normal operating area without coming to
the Commission with requests for STA. However, the same flexibility is
not afforded to broadcast network entities, cable network entities, or
LPTV stations, even though these entities are eligible to hold BAS
licenses. To promote consistent treatment of licensees with similar
operations, we adopted our proposal to extend the short-term operation
rules to broadcast network entities, cable network entities, and LPTV
stations. This action will simplify the process for these entities when
it is necessary to provide coverage of events outside of its normal
coverage area. In addition, our proposal to codify rules and procedures
for designating a coordinator for major special events was supported by
commenters and is adopted as proposed with one clarification; we will
specify in Sec. 74.24(g)(2)(i) that the initial request for such
designation be made in writing. Such designations will be made by
public notice which will include all necessary contact information. We
will maintain the current limitation of 720 hours per year per
frequency for short-term operation.
27. Extending this rule to cover additional entities raises
questions regarding compliance with the various station identification
rules. Therefore, because broadcast network and cable network entities
do not have individual station call signs for identification purpose,
we will require them to use their network or cable entity name along
with their base of operations city for compliance with the station
identification rules. Using such a scheme will make it easy to identify
the proper point of contact should a problem arise.
Use of UHF-TV Channels for TV STLs and TV Relay Stations
28. We adopt, with some modification, our proposals with respect to
the future use of UHF-TV channels by TV STLs, TV relay stations, and TV
translator relay stations. We will permit these stations to obtain
authorizations without submitting an engineering analysis so long as
they meet the specified technical parameters--maximum EIRP of 35 dBW,
maximum transmitting antenna beamwidth of 25 degrees, and use of
vertical polarization. In addition, we will limit future licensing,
beginning as of the effective date of the rules of the Report and
Order, of TV STLs and TV relay stations to channels 14-51; current
stations on channels 52-69 will be grandfathered under the terms of
their current authorization until the end of the DTV transition or
until new primary licensees require the removal of such operations.
Finally, we will permit future licensing of TV translator relay
stations on all UHF-TV channels 52-69 through the end of the DTV
transition as long as harmful interference is not caused to new primary
services.
29. We decline to adopt any additional restrictions or review
procedures which would unnecessarily burden licensees or the licensing
process. We will however make a slight wording change to Sec.
74.602(h)(1) to clarify that if any of the specified parameters are
exceeded, an engineering analysis must accompany the application. We
also point out that stations licensed under Sec. 74.602(h) are
secondary and regardless of their operating parameters, must protect
all primary stations using the UHF-TV spectrum, including land mobile
stations.
TV BAS Sound Channels
30. In the NPRM, the Commission stated that its understanding of
current industry practice is for broadcasters to use multiplexing
techniques, rather than separate sound channels, to transmit the aural
portion and video portion of their programming over a single TV BAS
channel. Therefore, the Commission proposed to eliminate Sec.
74.603(b). Additionally, the Commission proposed to eliminate the
corresponding provision of Sec. 74.502(b) that provides TV BAS
licensees' authorization to use the aural BAS channels. The Commission
also sought comment on whether it should remove Sec. 74.603(c), which
provides grandfathering rights so that TV BAS stations could continue
operating aural STL or relay stations that were in service prior to
July 10, 1970. SBE, the only commenter on this issue, confirms the
Commission's understanding of current industry practice and concurs
with the proposals. Accordingly, we adopted the proposals to eliminate
Sec. Sec. 74.603(b), 74.502(b), and 74.603(c).
Remote Pickup Broadcast Auxiliary Frequency Assignment
31. The Commission amends the channel plan for 150 MHz and 160 MHz
Remote Pickup stations to list channels every 7.5 kilohertz and allow
licensees to stack up to four channels for a total of 30 megahertz. In
addition, we will modify the Group N1 and N2 450 MHz channels to list
channels every 6.25 kilohertz and allow licensees to stack up to eight
channels for a total of 50
[[Page 12749]]
megahertz. We will also modify the Group P channels to list them every
6.25 kHz and allow licensees to stack up to two channels. Further, we
will require new Remote Pickup station equipment designed to operate on
channels 30 kilohertz wide or less to comply with the part 90 technical
standards, including emission mask, frequency tolerance, and transient
frequency behavior. By harmonizing all RPU channels and equipment with
the Part 90 PLMR channel plan, licensees will benefit from economies of
scale resulting from the use of equipment consistent with part 90
operations. Additionally, this will simplify station coordination and
reduce the potential for harmful interference.
32. To ease the transition to this new channel plan, we adopted our
proposal to provide a three-year period for licensees operating on the
channels adopted in 1984 to modify their licenses to the new channels.
After three years, they may remain on their current channel
assignments, but on a secondary, non-interference basis. Consistent
with our action for the N1 and N2 channels we
will also provide three years to licensees operating on the 10
kilohertz P channels to modify their licensees to the new channel plan.
After that time they may remain on their current channel assignment but
on a secondary basis. This will provide for a smooth transition to the
new channels where incumbent operations will not inhibit the growth of
systems on the new frequency plan.
Federal Narrowbanding of 162-174 MHz Band Land Mobile Frequencies
33. In accordance with the comments of SBE and our proposal, we
amended the rules to require that existing and applied for Remote
Pickup BAS facilities on 166.25 MHz and 170.15 MHz use no more than
12.5 kilohertz channel bandwidth by January 1, 2005. This will apply to
all stations on these frequencies that obtained licenses or applied for
licenses on or before the effective date of the rules in this Report
and Order. This approach will ensure that existing licensed stations
and applicants who are planning stations on these frequencies have
adequate time to transition to narrowband equipment. To further ease
this transition, we will not require licensees to modify their
licenses. Instead, the Commission will automatically issue a superseded
license, effective January 1, 2005, showing the reduction in authorized
bandwidth. Additionally, in the event that the January 1, 2005 deadline
for Federal Government systems is extended, we will consider amending
the rules to implement the extension for Non-Government systems on the
166.25 MHz and 170.15 MHz frequencies as well. Stations applied for
after the effective date of the rules in the Report and Order must
comply with the 12.5 kilohertz channel bandwidth requirement. Rather
than placing these requirements in footnote US11 as proposed, we will
instead amend Sec. 74.462. This action is appropriate as it
consolidates all Remote Pickup BAS service rules in one place.
34. With respect to Remote Pickup BAS base stations operating as an
integral part of the EAS, we are adopting a procedure recommended by
NTIA to ensure that such stations will be protected Under this
procedure NTIA will place a notation in the Government Master Frequency
(GMF) database licensing record of these stations which will require
Government stations to protect them from harmful interference. Thus,
there is no need to amend footnote US11.
950 MHz Aural BAS Channel Splits
35. The Report and Order in MM Docket 85-36, 50 FR 48596, November
26, 1985, specified that the 950 MHz Aural BAS Channel Plan listed in
Sec. 74.502(b) would become effective upon a future Order from the
Commission to be issued when the licensing system was capable of
accommodating this channel plan. With the implementation of ULS for
licensing, we are implementing that rule section with this Report and
Order.
Universal Licensing System and BAS
36. The Universal Licensing System (ULS) is an automated licensing
system and integrated database designed to provide greater efficiency
in the licensing process by using a consolidated set of application
forms, automating many license review processes, and facilitating
electronic application filing and data retrieval. The ULS Report and
Order, 63 FR 68904, December 14, 1998, consolidated the application and
processing rules for all wireless services into Subpart F of Part 1,
now the only rule section that wireless applicants and licensees,
including BAS applicants and licensees, must consult regarding
application procedures, such those as for amendments, modifications,
and STAs. The Commission's WTB, which is responsible for licensing BAS,
began using ULS for Aural and TV BAS licensing in August, 1999 and for
Remote Pickup BAS in September, 2000. As a result, several BAS service
rules require updating to reflect new ULS application processing
procedures. Many of these changes, such as updating application form
numbers, are ministerial in nature.
Applications Procedures and Construction Periods
37. We have adopted the proposals from the NPRM regarding
applications and STA filing procedures. We are amending Sec. Sec.
1.901 and 1.902 to reference part 74 and are adding a new Sec. 74.6 to
reference BAS applicants and licensees to the application and
processing rules in part 1, subpart F. These changes will simplify our
rules and result in processing efficiencies for BAS licensing. We
observe that specific changes to the ULS system, including forms,
affect multiple services. Thus, we lack adequate notice to all
potentially affected services and we therefore decline to adopt changes
to Form 601. We note that no commenter opposed the proposal with
respect to STAs. Therefore, we are also adopting the proposals amending
part 74 to require that BAS STA requests follow the procedures outlined
in Sec. 1.931. We clarify that electronic filing is not required for
STAs; they may be filed either electronically or manually.
38. We have also adopted the proposed rule amendments to remove the
construction requirements for BAS stations from part 73 and place them
in a new Sec. 74.34. This approach will promote timely construction of
facilities, ensure consistent construction requirements among the
services, and prevent warehousing of spectrum. We note that the rules
already require licensees to file a notification of completion of
construction. Failure to file such a notification results in the
termination of the license by the Commission.
Classification of Filings as Major or Minor
39. The Commission proposed to amend the part 74 rules to adhere to
the procedures adopted in the ULS proceeding for major and minor
amendments and modifications; i.e., amendments to aural and TV BAS
applications and modifications to aural and TV BAS licenses would be
evaluated based on the rules defining a major change in Sec. Sec.
1.929(a) and 1.929(d), and Remote Pickup BAS applications would follow
the rules set forth in Sec. Sec. 1.929(a) and 1.929(c)(4). In many
cases, the rules adopted in the ULS Report and Order, 63 FR 68904,
December 14, 1998, provide more flexibility than is afforded BAS
licensees under part 74. For example, Sec. Sec. 74.551 and 74.651
require aural and TV BAS licensees to file an application
[[Page 12750]]
and obtain Commission approval for any change in which the location of
the transmitting antenna changes, but Sec. 1.929(d)(1)(i) classifies
changes in transmitting antenna location that are 5 seconds or less in
latitude and/or longitude as minor. The proposal made in the NPRM would
implement rule changes that treat BAS applicants in a consistent manner
with the treatment given other wireless services.
40. We have adopted our proposals to amend the part 74 rules so
that BAS applicants and licensees are subject to the same rules as
specified for the land mobile and microwave services for determining
major and minor application and license changes. This action will align
Remote Pickup BAS processing rules with those for similar services
under part 90 and align the rules for TV and aural BAS with the rules
for part 101. Thus, similar stations will be treated in a consistent
manner.
41. We note that changes in emissions, such as a conversion from
analog to digital modulation or to composite analog/digital modulation,
are already classified as major changes under the rules in Sec. Sec.
1.929(c)(4)(ii) and (d)(1)(iv), and frequency coordination would be
required when a major change is requested. With regard to location
changes of less than 5 seconds in latitude and/or longitude, we note
that the Commission in the ULS Reconsideration Order, 66 FR 53231,
October 1, 1999, clarified that such minor changes are not exempt from
the coordination requirement. The Commission explained that an
applicant requesting a minor change must still coordinate as required
by Sec. 101.103(d)(2)(ix) prior to implementing the change and that
this process is sufficient to ensure that minor changes are properly
coordinated to avoid harmful interference, without imposing an
unnecessary filing burden on applicants. We find that this procedure
will work equally well for part 74 services.
Emission Designators
42. Section 74.462 of the Commission's rules specifies authorized
emissions for Remote Pickup BAS frequencies and frequency bands. In the
NPRM, the Commission observed that this section contains emission
designators that no longer conform to current ITU specifications or to
those contained in subpart C of part 2 of the Commission's rules in the
NPRM the Commission proposed to update Sec. 74.462 to replace all
outdated emission designators with emission designators that conform to
ITU specifications and part 2 rules. We have adopted our proposal and
updated the emission designators of Sec. 74.462.
AMPTP Petition
43. Video assist devices produce low resolution images that can be
used by a production crew to make decisions with respect to content,
lighting, and image framing. Often, these video assist devices are
connected via cable. However, cable is not always practical due to the
distance from the camera to the video monitor or because the camera
needs to be mobile to follow the action. To improve their utility and
increase safety, the Commission, based on a petition filed by AMPTP on
November 15, 1999, RM-9856, proposed to allow the use of wireless
assist video devices (WAVDs) on a secondary, non-interference basis on
unused TV channels in the upper VHF and the UHF bands.
Authorization of WAVDs
44. We have adopted our proposal to allow the use of WAVDs on a
secondary, non-interference basis on vacant upper VHF-TV and UHF-TV
channels. In the NPRM, we proposed to authorize WAVDs as low power
auxiliary stations under part 74, subpart H. We believe that this is
the appropriate subpart in which to place WAVDs due to their similarity
to existing low power auxiliary devices, rather than the Remote Pickup
BAS rules. If after gaining experience with WAVDs, we determine that
communications on television channels needs to be prioritized, we can
revisit this issue.
Eligibility, Permitted Use, and Licensing of WAVDs
45. As proposed in the NPRM, we have adopted our proposal to permit
all entities eligible to hold part 74 licenses to use WAVDs. This
includes television and motion picture producers. We have also adopted
our proposal to restrict the use of WAVDs from use at live events or
for ENG operations. We clarify that WAVDs may be used to produce cable,
satellite, and motion picture events for later showing on television
(through free over the air TV, cable TV systems, and satellite TV
systems) or in theaters, but may not be used in the production of live
events. Similarly, we have adopted our proposal that WAVDs be excluded
from operating under the short-term operation rule. This will ensure
that WAVDs are properly coordinated and television stations, notified,
to ensure that the potential of these devices to interfere with
television broadcasts is minimized.
46. We have also adopted our proposal to require that WAVD stations
be licensed prior to operating. Such licenses will be obtained through
the ULS using FCC Form 601. In addition, consistent with our licensing
of other low power auxiliary devices, WAVD licenses will normally be
issued for a period of eight years and, for those held by a broadcast
station, run concurrently with the license term of that station. For
other license holders, the expiration date will be determined by the
area of the country in which the station operates.
47. We address the request of AMPTP to allow third party
contractors to obtain WAVD licenses. AMPTP states that third party
contractors may wish to operate and/or rent WAVDs to studios. We will
not expand the eligibility for WAVD licenses to entities beyond those
proposed. We stress that this does not preclude the operation of WAVDs
by third party contractors. A party under contract to a television or
motion picture producer may rent equipment and even operate it for the
producer. However, such operation would be under the authority of the
producer's license. This arrangement is consistent with rules in other
services where entities are able to operate equipment under the
authority of another entity's license. Based on our experience, we
believe that this arrangement best promotes accountability and
compliance with our rules.
Authorized Frequencies
48. In light of the lack of comments on this issue, we have adopted
our proposals regarding authorized frequencies as proposed in the NPRM.
Accordingly, WAVDs may operate on unused television broadcast
frequencies in the 180-210 MHz, 470-608 MHz and 614-698 MHz bands. As
proposed, we will not allow WAVDs to operate in the 174-180 MHz and
210-216 MHz bands (TV channels 7 and 13), in order to protect the Low
Power Radio Service (LPRS), which supports auditory assistance devices
and health care aids that operate pursuant to part 95 and other low
power devices operating under Sec. 90.265 of our rules. In addition,
this channel restriction will protect from interference the Navy's
SPASUR radar system, which operates in the 216.88-217.08 MHz band. We
find that given the amount of spectrum we are authorizing for WAVDs,
these restrictions will have minimal impact on their ability to
identify spectrum on which to operate.
49. We adopt the proposal to exclude WAVDs from using land mobile
radio channels in the 470-512 MHz band (TV channels 14-20) in areas
around the coordinates listed in Sec. 90.303 because
[[Page 12751]]
nomadic WAVDs could not likely share spectrum with land mobile
operations. We also adopt the proposal to require WAVDs to maintain at
least 6 megahertz frequency separation from such land mobile channels
when operating within these areas. This frequency and geographic
separation is necessary to protect public safety land mobile use, which
in the 470-512 MHz private land mobile bands could occur on any of the
channels allocated in a given area. Therefore, all TV channels listed
in Sec. 90.303 are excluded from WAVD use at the locations listed. As
discussed in the NPRM, the band 482-488 MHz (TV channel 16) will also
be excluded from WAVD use in the New York City area to protect New York
City public safety entities which are using that spectrum under a
waiver. Similarly, the band 476-494 MHz (TV channels 15-17) will be
excluded from WAVD in areas near the Gulf of Mexico to protect the
PLMRS and communication links in the ORS under part 22 of our rules.
Communications with mobile stations under these rules are generally
limited to stations within the Gulf (e.g., stations on boats or
aircraft) or to stations on the shore. Finally, WAVDs will be excluded
from the band 488-494 MHz (TV channel 17) in areas near Hawaii to
protect common carrier control and repeater stations for point-to-point
inter-island communications.
50. The frequencies on which we will exclude WAVD use are
summarized in the following table. We reiterate that these exclusions
will not prevent WAVDs from operating on channels listed in the table
when WAVDs are a sufficient distance from the cities listed in the
following table.
----------------------------------------------------------------------------------------------------------------
Area Excluded frequencies (MHz) Excluded channels
----------------------------------------------------------------------------------------------------------------
Boston, MA....................... 470-494............................... 14-17
Chicago, IL...................... 470-488............................... 14-16
Cleveland, OH (WAVDs may operate 470-494............................... 14-17
until further order from the
Commission).
Dallas/Fort Worth, TX............ 476-494............................... 15-17
Detroit, MI (WAVDs may operate 470-494............................... 14-17
until further order from the
Commission).
Hawaii........................... 488-494............................... 17
Houston, TX...................... 482-500............................... 16-18
Los Angeles, CA.................. 470-494, 500-518...................... 14-17, 19-21
Miami, Fl........................ 470-482............................... 14-15
New York/ N.E. New Jersey........ 470-494............................... 14-17
Philadelphia, PA................. 494-518............................... 18-21
Pittsburgh, PA................... 470-482, 488-506...................... 14-15, 17-19
San Francisco/Oakland, CA........ 476-500............................... 15-18
Washington DC/MD/VA.............. 482-506............................... 16-19
----------------------------------------------------------------------------------------------------------------
51. Finally, as proposed in the NPRM, we will exclude WAVDs from
operating in the 608-614 MHz band (TV channel 37) to protect radio
astronomy operations in that band. This exclusion is consistent with
the Table of Allocations in part 2 of our rules, which specifies that
no stations will be authorized to transmit in that band. We also note
we have recently authorized the use of medical telemetry in the 608-614
MHz band, and this exclusion will also protect those operations.
Finally, WAVDs will not be allowed to use channels above 698 MHz
(channel 51) in the UHF-TV band due to a recent spectrum reallocation
of those channels to uses other than broadcasting. We find that these
exclusions are justified to protect existing operations in these bands.
Technical and Operational Requirements
52. The NPRM proposed conservative technical and operational
requirements to allow WAVDs to operate without harming other
operations. Specifically, the NPRM proposed: (1) To limit the ERP of
WAVDs to 250 milliwatts (mW); (2) to require that the transmitting
devices use a permanently attached antenna; (3) to allow WAVDs
bandwidths of up to 6 megahertz, limited to transmitting on a single TV
channel (i.e., WAVD transmissions may not overlap the TV channel edge);
(4) to use the same emission limitations being proposed for other TV
BAS transmitters in this proceeding; (5) to authorize WAVD transmitters
under the certification procedures of part 2 of our rules; (6) to
require WAVDs to maintain a 129 km separation distance from TV
broadcasting stations operating on the same frequency and a 200 km
separation distance from cities where land mobile operations are
authorized; (7) to require WAVD operators to achieve prior
notification, rather than coordination, with the local broadcast
coordinator or any adjacent channel TV station within 161 km of each
intended WAVD operation at least 10 business days in advance of
operation; (8) that WAVD licensees be subject to the station
identification requirements of Sec. 74.882; and (9) that manufacturers
include certain information in the product literature that is included
with WAVDs to indicate the requirements for using these devices.
53. The various technical and operational requirement proposals for
WAVDs set forth in the NPRM were designed to protect other users of the
TV bands without unnecessarily hindering WAVD operations. Most of these
were unopposed, and we will adopt them as proposed. Specifically, we
have adopted the ERP limit of 250 mW, the bandwidth limit of 6
megahertz on a single TV channel, the requirement to meet the same
emissions limitations as other part 74 transmitters, part 2
certification procedures for WAVD transmitters, the proposed separation
distances from TV and land mobile stations, the requirement that WAVD
licensees follow the station identification requirements of Sec.
74.882; and the requirement that manufacturers include certain
information in their product literature.
54. With respect to the antenna issue raised by commenters, we
agree with SBE that the use of unintended antennas should be avoided
because they could increase the interference potential. We also agree
with AMPTP that a permanently attached antenna may result in increased
repair costs. We believe that a reasonable compromise between these
positions exists. We note that our part 15 rules contain a provision
allowing either permanently attached antennas or devices with unique
couplings to permit antennas to be more easily repaired. This has
worked well in the preventing unintended antennas from being attached
to low power unlicensed devices and we believe a similar requirement
would work here. Accordingly, we have adopted a
[[Page 12752]]
requirement that WAVDs contain a permanently attached antenna or
contain a unique connector that allows for easy antenna repair while
preventing the use of unauthorized antennas.
55. We believe that notification is more appropriate than full
coordination for WAVDs. We take this position based on the low ERP,
limited range, and non-interference status of WAVDs. In addition,
because WAVDs may be used at multiple locations in support of a
production, notification will be less burdensome than coordination for
both the WAVD licensee and the coordinator while still providing
adequate protection to broadcast transmissions. In this connection,
have adopted our proposal to consider the absence of a response from a
coordinator after ten business days have passed as an approval. Once
the WAVD operator has made reasonable attempts to notify the BAS
coordinator or appropriate TV stations, we find that failure of these
entities to respond to the WAVD operator approval is an insufficient
basis to delay use of WAVDs. We find that this approach strikes a
reasonable balance between the requirements of producers and the needs
of the coordinator to study notifications and respond to operators as
necessary. We will require WAVD licensees to notify, for informational
purposes only, nearby co-channel and adjacent channel TV stations
(i.e., those stations within 161 km of the WAVD location). As stated,
this will be informational only and television stations will not be
able to prevent a WAVD from operating. However, this informational
notification may help identify the source of interference if any is
experienced after a WAVD begins operating. We have adopted all other
aspects of the notification proposal as proposed in the NPRM.
Final Regulatory Flexibility Analysis
56. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA),\1\ an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notice of Propose Ruled Making, Revisions to
Broadcast Auxiliary Service Rules in Part 74 and Conforming Technical
Rules for Broadcast Auxiliary Service, Cable Television Relay Service
and Fixed Services in Parts 74, 78 and 101 of the Commission's
Rules.\2\ The Commission sought written public comment on the proposals
in the Notice, including comment on the IRFA. The comments received are
discussed further. This present Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.\3\
---------------------------------------------------------------------------
\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
\2\ See Notice of Proposed Rule Making, ET Docket No. 01-75, 16
FCC Rcd 10556, 10601 (2001), 66 FR 28686, May 24, 2001.
\3\ See 5 U.S.C. 604.
---------------------------------------------------------------------------
(A) Need for and Objective of the Report and Order
57. The Report and Order updates the Broadcast Auxiliary Service
(BAS) rules in part 74 and will permit increased compatibility between
Broadcast Auxiliary Services, the Cable Television Relay Service
(CARS), and Fixed Service Microwave (FS) systems operating on shared
spectrum. Specifically, we permit TV and aural BAS stations to use any
available digital modulation technique in all BAS frequency bands so
that BAS stations can take advantage of the latest developments in
technology and make smooth the transition to digital TV and digital
radio; update BAS emission masks to facilitate the introduction of
digital equipment and to provide consistency with emission masks used
in part 101 of the rules; modify the equation used by BAS and CARS
services for determining the maximum effective isotropic radiated power
(EIRP) for short path lengths (this change eliminates the steep
reduction in EIRP for BAS and CARS path lengths shorter than the
minimum); allow BAS and CARS stations to use automatic transmit power
control (ATPC) in order to facilitate more efficient spectrum use;
update transmitter power rules for BAS and CARS services to provide
EIRP limits for all frequency bands; require TV BAS and CARS services
to prior coordinate their frequency use when using shared frequency
bands to minimize the potential for harmful interference occurring when
a new station begins transmitting. We also permit ``wireless assist
video devices'' to operate on certain VHF and UHF TV spectrum, thereby
increasing spectrum efficiency and promoting equipment, which will
increase safety at production sites as well as lower film and
television production costs. In addition, we update many other BAS
rules and make minor rule changes to clarify or fix typographical
errors in the existing rules.
(B) Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
58. In the Notice, the Commission performed an IRFA and asked for
comments that specifically addressed issues raised in the IRFA. No
parties filed comments directly in response to the IRFA. However,
commenters made recommendations regarding channel splitting, and the
Commission, in response, is overlaying narrowband channels in various
bands and is authorizing an effective date for channel splitting in the
950 MHz aural BAS band.
(C) Description and Estimate of the Number of Entities Affected to
Which Rules Will Apply
59. 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 action taken.\4\ The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' \5\ In addition, the term ``small business'' has the
same meaning as the term ``small business concern'' under the Small
Business Act.\6\ A small business concern is one that: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA).\7\ A small organization is
generally ``any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field.'' \8\ Nationwide, as of
1992, there were approximately 275,801 small organizations.\9\ Finally,
``small governmental jurisdiction'' generally means ``governments of
cities, counties, towns, townships, villages, school districts, or
special districts, with a population of less than 50,000.'' \10\ As of
1992, there were approximately 85,006 such jurisdictions in the United
States.\11\ This number includes 38,978 counties, cities, and towns; of
these, 37,566, or 96 percent, have populations
[[Page 12753]]
of fewer than 50,000.\12\ The United States Bureau of the Census
(Census Bureau) estimates that this ratio is approximately accurate for
all governmental entities. Thus, of the 85,006 governmental entities,
we estimate that 81,600 (91 percent) are small entities.
---------------------------------------------------------------------------
\4\ 5 U.S.C. 603(b)(3).
\5\ Id., 601(6).
\6\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the
RFA, the statutory definition of a small business applies ``unless
an agency, after consultation with the Office of Advocacy of the
Small Business Administration and after opportunity for public
comment, establishes one or more definitions of such term which are
appropriate to the activities of the agency and publishes such
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
\7\ Small Business Act, 15 U.S.C. 632.
\8\ 5 U.S.C. 601(4).
\9\ 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).
\10\ 5 U.S.C. 601(5).
\11\ U.S. Dept. of Commerce, Bureau of the Census, ``1992 Census
of Governments.''
\12\ Id.
---------------------------------------------------------------------------
60. The rules adopted in the Report and Order affect licensees of
BAS (Remote Pickup, aural, and television), CARS, and fixed microwave
services. Additionally, they affect manufacturers of equipment that
supports the BAS.
Broadcast Auxiliary Service (BAS) involves a variety of transmitters,
generally used to relay broadcast programming to the public (through
translator and booster stations) or within the program distribution
chain (from a remote news gathering unit back to the stations). The
Commission has not developed a definition of small entities specific to
broadcast auxiliary licensees. The U.S. Small Business Administration
(SBA) has developed small business size standards, as follows: (1) For
TV BAS, we will use the size standard for Television Broadcasting,
which consists of all such companies having annual receipts of no more
than $12.0 million;\13\ (2) For Aural BAS, we will use the size
standard for Radio Stations, which consists of all such companies
having annual receipts of no more than $6 million;\14\ (3) For Remote
Pickup BAS we will use the small business size standard for Television
Broadcasting when used by a TV station and that for Radio Stations when
used by such a station.
\13\ 13 CFR 121.201, NAICS code 513120.
\14\ Id. at NAICS code 513112.
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61. According to Census Bureau data for 1997, there were 906
Television Broadcasting firms, total that operated for the entire
year.\15\ Of this total, 734 firms had annual receipts of $9,999,999.00
or less and an additional 71 had receipts of $10 million to
$24,999,999.00.\16\ Thus, under this standard, the majority of firms
can be considered small.
---------------------------------------------------------------------------
\15\ U.S. Census Bureau, 1997 Economic Census, Subject Series:
Information, ``Receipts Size of Firms Subject to Federal Income Tax:
1997,'' Table 4, NAICS code 513120 (issued Oct. 2000).
\16\ Id. The census data do not provide a more precise estimate.
---------------------------------------------------------------------------
62. According to Census Bureau data for 1997, there were 4,476
Radio Stations (firms), total, that operated for the entire year.\17\
Of this total 4,265 had annual receipts of $4,999,999.00 or less, and
an additional 103 firms had receipts of $5 million to
$9,999,999.00.\18\ Thus, under this standard, the great majority of
firms can be considered small.
---------------------------------------------------------------------------
\17\ Id. At NAICS code 513112.
\18\ Id. The census data do not provide a more precise estimate.
Cable Antenna Relay Service (CARS) includes transmitters generally used
to relay cable programming within cable television system distribution
systems. The SBA has developed a small business size standard for Cable
and other Program Distribution, which consists of all such companies
having annual receipts of no more than $12.5 million.\19\ According to
Census Bureau data for 1997, there were 1,311 firms within the industry
category Cable and Other Program Distribution, total, that operated for
the entire year.\20\ Of this total, 1,180 firms had annual receipts of
$9,999,999.00 or less, and an additional 52 firms had receipts of $10
million to $24,999,999.00.\21\ Thus, under this standard, the majority
of firms can be considered small.
---------------------------------------------------------------------------
\19\ Id. at NAICS code 513220.
\20\ Id. at NAICS code 513220.
\21\ Id. The census data do not provide a more precise estimate.
Fixed Microwave Services (FS) includes common carrier, private-
operational fixed, and broadcast auxiliary radio services. Presently
there are approximately 22,015 common carrier fixed licensees and
61,670 private operational-fixed licensees and broadcast auxiliary
radio licensees in the microwave services. The SBA has developed a
small business size standard for Cellular and other Wireless
Telecommunications, which consists of all such companies having 1,500
or fewer employees.\22\ According to Census Bureau data for 1997, there
were 977 firms in this category, total, that operated for the entire
year.\23\ Of this total, 965 firms had employment of 999 or fewer
employees, and an additional 12 had employment of 1,000 employees or
more.\24\ Thus, under this standard, virtually all firms can be
considered small.
---------------------------------------------------------------------------
\22\ 13 CFR 121.201, NAICS code 513322.
\23\ U.S. Census Bureau, 1997 Economic Census, Subject Series:
Information, ``Employment Size of Firms Subject to Federal Income
Tax: 1997,'' Table 5, NAICS code 513310 (issued Oct. 2000).
\24\ Id. The census data do not provide a more precise estimate
of the number of firms that have employment of 1,500 or fewer
employees; the largest category provided is ``Firms with 1,000
employees or more.''
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(D) Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements for Small Entities
63. Under the rules adopted in the Report and Order, there are
changes to reporting, recordkeeping, and other compliance requirements.
In many cases, these changes streamline the existing licensing process
or provide additional flexibility to licensees and applicants. Many of
the proposed changes are related to the use of the Universal Licensing
System (ULS) by BAS applicants and licensees. Applicants for BAS
stations must apply through the Wireless Telecommunications Bureau
using the ULS, which was adopted by Report and Order in 1998. To comply
with this system, our decisions in the Report and Order are consistent
with the decisions reached in that Report and Order. Accordingly, we
have eliminated requests made by letter if there is a standard
application form that can be used instead, modified the rules defining
major and minor changes to those used for fixed microwave systems, and
eliminated the need to report transmitter output power and requiring
that all stations comply with limits on effective isotropic radiated
power. We also have changed the period of construction for a BAS
station from the currently used three years to eighteen months,
consistent with the period used for fixed microwave stations.
64. Additionally, we have conformed some of the rules that affect
frequency bands that are shared among BAS licensees (part 74), CARS
licensees (part 78), and fixed microwave licensees (part 101).
Specifically, we have updated the rules that protect interference to
geostationary satellites from receiving harmful interference from fixed
stations to those currently listed in the ITU International Radio
Regulations. The effect of this update is to expand the number of
frequency bands to which these rules apply. We also have adopted for
BAS equipment, emission limitations that are consistent with those
already being used for fixed microwave stations. We also are generally
requiring that all BAS applicants for fixed stations operating above
944 MHz comply with the same frequency coordination guidelines in place
for fixed microwave stations.
65. Further changes entail providing technical guidelines for TV
studio-to-transmitter links and TV relay stations that operate on UHF-
TV channels. These guidelines have always been imposed, but never
codified. Also, with respect to BAS Remote Pickup stations, we are
altering their channel plan to be consistent with the same channel
spacing requirements as are used for Private Land Mobile Radio stations
in part 90 of our rules. Finally, as noted, we have allowed a new type
of device to operate on certain VHF and UHF TV channels, wireless
assist video devices. These devices will follow the existing
[[Page 12754]]
service rules for Low Power Auxiliary Stations, with minor
exceptions.\25\
---------------------------------------------------------------------------
\25\ See Report and Order, paragraphs 153, 154 and 155, supra.
---------------------------------------------------------------------------
(E) Steps Taken To Minimize the Significant Economic Impact on Small
Entities and Significant Alternatives Considered
66. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.\26\
---------------------------------------------------------------------------
\26\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------
67. We have reduced burdens wherever possible. Our rules regarding
the BAS would reduce burdens on small entities. First, we have
simplified and expanded the opportunity for aural and TV BAS licensees
to use digital modulation techniques in all of their allocated
frequency bands. Currently, they can use these techniques only in a few
bands and must file waiver requests and requests for special temporary
authority (STA) to transmit digital signals in other bands. Our rules
eliminate the need for these waivers and STAs, thus saving businesses
the time it takes to prepare these requests and their associated filing
fees. Second, we have altered the equation used to determine the
allowable EIRP for short path lengths. Under our new rules, there will
no longer be a large drop-off in allowable EIRP when the path length of
a fixed station is slightly shorter than the minimum necessary for
maximum power. The effect of this is to provide more flexibility in the
way small entities design their systems. Because they will be able to
use fewer sites, this has the effect of a reduction in the cost of a
system. Third, we have allowed automatic transmit power control (ATPC).
ATPC benefits small entities by reducing outages to digital receivers
and expanding battery life. Both of these effects benefit small
businesses by making their systems more reliable.
68. Many of our rule amendments and their benefits stem from the
use of the ULS for application filing. This system, by providing for
electronic filing on standardized forms, benefits small entities in
several ways. Applicants can submit applications to the Commission as
soon as they have the necessary information on-hand, and they receive
instant feedback as to the correctness of that application because ULS
will not accept the application for filing unless it is correct. If
there are errors, ULS provided error messages so that the application
can be corrected and resubmitted. Also, the system makes extensive use
of electronic processing, so that many of the tasks that were done by
hand are now one by computer. The overall effect is that applications
are processed faster and licenses are issued sooner, thus allowing
small entities to begin providing service in a more timely manner.
69. We have also adopted rule amendments that conform rules for
similar services that share spectrum. These are TV BAS, CARS, and the
fixed microwave service. As a whole, these amendments reduce burdens to
small entities because many of these entities have licenses in each of
these rule parts, but must currently contend with different rules in
each part. Thus, small entities will benefit because they will, in many
instances, be able to comply with a common set of rules for their
systems, which operate in any of the named services.
70. Additionally, we have adopted many other rule changes that will
benefit small entities. We are requiring that fixed BAS systems prior
coordinate their frequency use, which will ensure that systems operate
in a manner that minimizes the potential of causing interference. This
protects the new system from possibly being shut down due to causing
interference and protects the existing system from suffering a service
disruption from receiving interference. Both of these results will
benefit small entities operating in the BAS service. Along with the
frequency coordination requirement, we have extended the ability to
operate under temporary conditional authority to all BAS frequency
bands. This benefits small entities by allowing them to begin operating
sooner. Further, we have extended the reach of the short-term operation
rule to all entities eligible for a BAS license. This benefits small
entities because many would not need to obtain additional licenses from
the Commission to provide limited service a few times a year in areas
in which they do not traditionally operate. Such a change saves small
entities the time and money that they would otherwise expend obtaining
a license. Another change entails the Commission establishing technical
requirements for operating TV STLs or TV relay stations on UHF-TV
channels. This change permits applicants to know the requirements they
must meet before applying for a license, thereby reducing the number or
applications that must be returned by the Commission. Thus, small
entities will benefit by having to respond to returned applications
less often. We have also altered the channel plan for Remote Pickup BAS
to conform to the channel plan adopted for PLMR services. Unless the
same technical criteria are used for both services, different radios
must be developed. Thus, our rules change will benefit small entities
by lowering equipment costs. Finally, we have permitted motion picture
and television producers to operate new wireless assist video devices
on certain unused VHF and UHF TV channels. This will benefit small
entities by providing a more cost effective means for producers to
monitor multiple camera angles when producing program material.
71. The regulatory burdens we have retained, such as filing
applications on appropriate forms, are necessary to ensure that the
public receives the benefits of new and existing services in a prompt
and efficient manner. We also considered revising the burden of
frequency coordination for fixed BAS systems, but found that this
alternative would unnecessarily increase the potential of harmful
interference. However, under our frequency coordination procedures,
entities may self coordinate rather than paying a frequency
coordinator. We will continue to examine alternatives in the future
with the objectives of eliminating unnecessary regulations and
minimizing significant economic impact on small entities.
(F) Report to Congress
72. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, will send a copy of the Report and Order,
including this FRFA, in a report to be sent to Congress pursuant to the
Congressional Review Act,\27\ In addition, the Commission will send a
copy of the Report and Order, including this FRFA, to the Chief Counsel
for Advocacy of the SBA.
---------------------------------------------------------------------------
\27\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------
Ordering Clauses
73. Pursuant to sections 1, 4(i), 302, 303(f) and (r), 332, and 337
of the Communications Act of 1934, as amended, 47 U.S.C. 1, 4(i),
154(i), 302, 303(f) and (r), 332, 337, the Report and Order and the
rules specified are Adopted. The rules set forth will become effective
April 16, 2003.
[[Page 12755]]
74. Pursuant to 5 U.S.C. 553(d)(1) and 553(d)(3), the rules
implementing digital modulation of BAS stations specified in the rules
section, specifically Sec. Sec. 74.535 and 74.637 of the Commission's
Rules, 47 CFR 74.535 and 74.637, became effective on October 30, 2002,
adoption date of the Report and Order.
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Radio, Television.
47 CFR Part 2
Communications equipment, Radio.
47 CFR Part 73
Communications equipment, Radio, Reporting and recordkeeping
requirements, Television.
47 CFR Part 74
Communications equipment, Radio, Reporting and recordkeeping
requirements, Television.
47 CFR Part 78
Cable television, Communications equipment, Radio, Reporting and
recordkeeping requirements.
47 CFR Part 101
Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 1, 2, 73, 74, 78 and 101
as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j) 155, 255, 303(r), 309
and 325(e).
2. Section 1.901 is revised to read as follows:
Sec. 1.901 Basis and purpose.
These rules are issued pursuant to the Communications Act of 1934,
as amended, 47 U.S.C. 151 et seq. The purpose of these rules is to
establish the requirements and conditions under which entities may be
licensed in the Wireless Radio Services as described in this part and
in parts 13, 20, 22, 24, 26, 27, 74, 80, 87, 90, 95, 97 and 101 of this
chapter.
3. Section 1.902 is revised to read as follows:
Sec. 1.902 Scope.
In case of any conflict between the rules set forth in this subpart
and the rules set forth in Parts 13, 20, 22, 24, 26, 27, 74, 80, 87,
90, 95, 97, and 101 of title 47, chapter I of the Code of Federal
Regulations, the rules in part 1 shall govern.
4. Section 1.929 is amended by revising the introductory text of
paragraphs (c)(4) and (d) to read as follows:
Sec. 1.929 Classification of filings as major or minor.
* * * * *
(c) * * *
(4) In the Private Land Mobile Radio Services (PLMRS), the remote
pickup broadcast auxiliary service, and GMRS systems licensed to non-
individuals:
* * * * *
(d) In the microwave, aural broadcast auxiliary, and television
broadcast auxiliary services:
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
5. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
6. Amend Sec. 2.106 as follows:
a. Revise pages 25, 26, 37, 38 and 76 of the Table.
b. In the list of United States Footnotes, revise footnote US11 and
remove footnote US291.
c. In the list of non-Federal government footnotes, revise
footnotes NG53 and NG115 and add footnote NG175.
The additions and revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
BILLING CODE 6712-01-P
[[Page 12756]]
[GRAPHIC] [TIFF OMITTED] TR17MR03.000
[[Page 12757]]
[GRAPHIC] [TIFF OMITTED] TR17MR03.001
[[Page 12758]]
[GRAPHIC] [TIFF OMITTED] TR17MR03.002
[[Page 12759]]
[GRAPHIC] [TIFF OMITTED] TR17MR03.003
[[Page 12760]]
[GRAPHIC] [TIFF OMITTED] TR17MR03.004
BILLING CODE 6712-01-C
[[Page 12761]]
* * * * *
United States (US) Footnotes
* * * * *
US11 The use of the frequencies 166.25 and 170.15 MHz may be
authorized to non-Federal Government remote pickup broadcast base and
land mobile stations and to non-Federal Government base, fixed and land
mobile stations in the public safety radio services on the condition
that harmful interference shall not be caused to present or future
Federal Government stations in the band 162-174 MHz. Authorization on
these frequencies shall be in the lower 48 contiguous States only,
except within the area bounded on the west by the Mississippi River, on
the north by the parallel of latitude 37[deg]30' N., and on the east
and south by that are of the circle with center at Springfield,
Illinois, and radius equal to the airline distance between Springfield,
Illinois, and Montgomery, Alabama, subtended between the foregoing west
and north boundaries. The use of these frequencies by remote pickup
broadcast stations shall not be authorized for locations within 150
miles (241.4 km) of New York City; and use of these frequencies by the
public safety radio services shall not be authorized except for
locations within 150 miles of New York City.
* * * * *
Non-Federal Government (NG) Footnotes
* * * * *
NG53 In the band 12.7-13.15 GHz, television pickup stations and
CARS pickup stations shall be assigned channels on a co-equal basis and
shall operate on a secondary basis to fixed stations operating in
accordance with the Table of Frequency Allocations. In the band 13.15-
13.20 GHz, television pickup stations and CARS pickup stations shall be
assigned channels on a primary co-equal basis within 50 kilometers of
the television markets defined in 47 CFR 76.53. In the band 13.20-
13.2125 GHz, television pickup stations shall be assigned channels on a
primary basis, and CARS fixed and pickup stations shall operate on a
secondary basis to television broadcast auxiliary stations.
* * * * *
NG115 In the bands 54-72 MHz, 76-88 MHz, 174-216 MHz, 470-608 MHz,
and 614-806 MHz, wireless microphones and wireless assist video devices
may be authorized on a non-interference basis, subject to the terms and
conditions set forth in 47 CFR part 74, subpart H.
* * * * *
NG175 Television pickup stations in the mobile services authorized
to use frequencies in the band 38.6-40.0 GHz on or before April 16,
2003, may continue to operate on a secondary basis to stations
operating in accordance with the Table of Frequency Allocations.
* * * * *
PART 73--RADIO BROADCAST SERVICES
7. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 3334, and 336.
8. Section 73.3500 is amended by removing the entries for Forms 313
and 313-R from the table in paragraph (a) and adding entries for Forms
601 and 603 to read as follows:
Sec. 73.3500 Application and report forms.
(a) * * *
------------------------------------------------------------------------
Form No. Title
------------------------------------------------------------------------
* * * * * * *
601............................... FCC Application for Wireless
Telecommunications Bureau Radio
Service Authorization.
603............................... FCC Wireless Telecommunications
Bureau Application for Assignments
of Authorization and Transfers of
Control.
------------------------------------------------------------------------
* * * * *
Sec. 75.3533 [Amended]
9. Section 73.3533 is amended by removing and reserving paragraph
(a)(3).
Sec. 73.3536 [Amended]
10. Section 73.3536 is amended by removing and reserving paragraph
(b)(3).
11. Section 73.3598 is amended by revising paragraph (a) to read as
follows:
Sec. 73.3598 Period of construction.
(a) Each original construction permit for the construction of a new
TV, AM, FM or International in such existing stations, shall specify a
period of three years from the date of issuance of the original
construction permit within which construction shall be completed and
application for license filed.
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCASTING AND
OTHER PROGRAM DISTRIBUTIONAL SERVICES
12. The authority citation for part 74 continues to read as
follows:
Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.
13. Section 74.5 is amended by redesignating paragraphs (a)(4)
through (a)(7) as paragraphs (a)(5) through (a)(8) and by adding new
paragraphs (a)(4) and (f) to read as follows:
Sec. 74.5 Cross reference to rules in other parts.
* * * * *
(a) * * *
(4) Subpart F, ``Wireless Telecommunications Services Applications
and Proceedings''. (Sec. Sec. 1.901 to 1.981).
* * * * *
(f) Part 101, ``Fixed Microwave Services''.
14. Section 74.6 is added to read as follows:
Sec. 74.6 Licensing of broadcast auxiliary and low power auxiliary
stations.
Applicants for and licensees of remote pickup broadcast stations,
aural broadcast auxiliary stations, television broadcast auxiliary
stations, and low power auxiliary stations authorized under subparts D,
E, F, and H of this part are subject to the application and procedural
rules for wireless telecommunications services contained in part 1,
subpart F of this chapter. Applicants for these stations may file
either manually or electronically as specified in Sec. Sec. 1.913(b)
and (d) of this chapter.
15. Section 74.15 is amended by revising paragraph (f) to read as
follows:
Sec. 74.15 Station license period.
* * * * *
(f) Licenses held by broadcast network-entities under Subpart F
will ordinarily be issued for a period of 8 years running concurrently
with the
[[Page 12762]]
normal licensing period for broadcast stations located in the same area
of operation. An application for renewal of license shall be filed in
accordance with the provisions of Sec. 1.949.
* * * * *
16. Section 74.24 is amended by revising the introductory text and
paragraphs (a), (d), (f), (g), (i), (h)(1), and by removing the Note
after paragraph (h)(1) to read as follows:
Sec. 74.24 Short term operation.
All classes of broadcast auxiliary stations provided for in
subparts D, E, F and H of this part, except wireless video assist
devices, may be operated on a short-term basis under the authority
conveyed by a part 73 license or a broadcast auxiliary license without
prior authorization from the FCC, subject to the following conditions:
(a) Licensees operating under this provision must be eligible to
operate the particular class of broadcast auxiliary station.
* * * * *
(d) Short-term operation under this section shall not exceed 720
hours annually per frequency.
Note to Paragraph (d): Certain frequencies shared with other
services which are normally available for permanent broadcast
auxiliary station assignment may not be available for short-term
operation. Refer to any note(s) which may be applicable to the use
of a specific frequency prior to initiating operation.
* * * * *
(f) Stations operated pursuant to this section shall be identified
by the transmission of the call sign of the associated part 73
broadcast station or broadcast auxiliary station, or, in the case of
stations operated by broadcast network and cable network entities, by
the network or cable entity's name and base of operations city.
(g) Prior to operating pursuant to the provisions of this section,
licensees shall, for the intended location or area-of-operation, notify
the appropriate frequency coordination committee or any licensee(s)
assigned the use of the proposed operating frequency, concerning the
particulars of the intended operation and shall provide the name and
telephone number of a person who may be contacted in the event of
interference. Except as provided herein, this notification provision
shall not apply where an unanticipated need for immediate short-term
mobile station operation would render compliance with the provisions of
this paragraph impractical.
(1) A CARS licensee shall always be given advance notification
prior to the commencement of short-term operation on or adjacent to an
assigned frequency.
(2) The Commission may designate a frequency coordinator as the
single point of contact under this section for advance coordination of
major national and international events. Once designated, all short-
term auxiliary broadcast use under this section must be coordinated in
advance through the designated coordinator.
(i) Coordinators under this provision will not be designated unless
the Commission receives an initial request, in writing, to designate a
coordinator.
(ii) The Commission will issue a Public Notice with information
regarding the designation of such a coordinator.
(iii) All coordination must be done on a non-discriminatory basis.
(iv) All licensees must abide by the decision of the coordinator.
The Commission will be the final arbiter of any disputes.
(3) An unanticipated need will never be deemed to exist for a
scheduled event, such as a convention, sporting event, etc.
(h) * * *
(1) Use of broadcast auxiliary service frequencies below 470 MHz is
limited to areas of the United States south of Line A or west of Line C
unless the effective radiated power of the station is 5 watts or less.
See Sec. 1.928(e) of this chapter for a definition of Line A and Line
C.
* * * * *
(i) Short-term operation of a remote pickup broadcast base station,
a remote pickup automatic relay station, an aural broadcast STL
station, an aural broadcast intercity relay station, a TV STL station,
a TV intercity relay station or a TV translator relay station in the
National Radio Quiet Zone, the Table Mountain Radio Receiving Zone, or
near FCC monitoring stations is subject to the same advance
notification procedures applicable to regular applications as provided
for in Sec. Sec. 73.1030 and 74.12, except that inasmuch as short-term
operation does not involve an application process, the provisions
relating to agency objection procedures shall not apply. It shall
simply be necessary for the licensee to contact the potentially
affected agency and obtain advance approval for the proposed short-term
operation. Where protection to FCC monitoring stations is concerned,
approval for short-term operation may be given by the District Director
of a Commission field facility.
* * * * *
17. Section 74.25 is added to read as follows:
Sec. 74.25 Temporary conditional operating authority.
An applicant for a new broadcast auxiliary radio service station or
a modification of an existing station under subparts D, E, F, or H of
this part may operate the proposed station during the pendency of its
applications upon the filing of a properly completed formal application
that complies with the rules for the particular class of station,
provided that the conditions set forth are satisfied.
(a) Conditions applicable to all broadcast auxiliary stations.
(1) Stations operated pursuant to this section shall be identified
by the transmission of the call sign of the associated part 73 of this
chapter broadcast station, if one exists, or the prefix ``WT'' followed
by the applicant's local business telephone number for broadcast or
cable network entities.
(2) The antenna structure(s) has been previously studied by the
Federal Aviation Administration and determined to pose no hazard to
aviation safety as required by subpart B of part 17 of this chapter; or
the antenna or tower structure does not exceed 6.1 meters above ground
level or above an existing man-made structure (other than an antenna
structure), if the antenna or tower has not been previously studied by
the Federal Aviation Administration and cleared by the FCC;
(3) The grant of the application(s) does not require a waiver of
the Commission's rules;
(4) The applicant has determined that the facility(ies) will not
significantly affect the environment as defined in Sec. 1.1307 of this
chapter;
(5) The station site does not lie, within a radio ``Quiet Zone''
identified in Sec. 1.924 of this chapter.
(b) Conditions applicable to remote pickup broadcast auxiliary
stations.
(1) The auxiliary station must be located within 80 km (50 mi) of
the broadcast studio or broadcast transmitter.
(2) The applicant must coordinate the operation with all affected
co-channel and adjacent channel licensees in the area of operation.
This requirement can be satisfied by coordination with the local
frequency committee if one exists.
(3) Operation under this provision is not permitted between 152.87
MHz and 153.35 MHz.
(c) Conditions applicable to aural and television broadcast
auxiliary stations.
(1) The applicable frequency coordination procedures have been
successfully completed and the filed application is consistent with
that coordination.
[[Page 12763]]
(2) The station site does not lie within an area requiring
international coordination.
(3) If operated on frequencies in the 17.8-19.7 GHz band, the
station site does not lie within any of the areas identified in Sec.
1.924 of this chapter.
(d) Operation under this section shall be suspended immediately
upon notification from the Commission or by the District Director of a
Commission field facility, and shall not be resumed until specific
authority is given by the Commission or District Director. When
authorized by the District Director, short test operations may be made.
(e) Conditional authority ceases immediately if the application(s)
is returned by the Commission because it is not acceptable for filing.
(f) Conditional authorization does not prejudice any action the
Commission may take on the subject application(s). Conditional
authority is accepted with the express understanding that such
authority may be modified or cancelled by the Commission at any time
without hearing if, in the Commission's discretion, the need for such
action arises. An applicant operating pursuant to this conditional
authority assumes all risks associated with such operation, the
termination or modification of the conditional authority, or the
subsequent dismissal or denial of its application(s).
18. Section 74.34 is added to read as follows:
Sec. 74.34 Period of construction; certification of completion of
construction.
(a) Each aural and television broadcast auxiliary station
authorized under subparts E and F of this part must be in operation
within 18 months from the initial date of grant.
(b) Each remote pickup broadcast auxiliary station authorized under
subpart D of this part must be in operation within 12 months from the
initial date of grant.
(c) Failure to timely begin operation means the authorization
terminates automatically.
(d) Requests for extension of time may be granted upon a showing of
good cause pursuant to Sec. 1.946(e) of this chapter.
(e) Construction of any authorized facility or frequency must be
completed by the date specified in the license and the Commission must
be notified pursuant to Sec. 1.946 of this chapter.
19. Section 74.402 is revised to read as follows:
Sec. 74.402 Frequency assignment.
Operation on all channels listed in this section (except:
frequencies 26.07 MHz, 26.11 MHz, and 26.45 MHz, and frequencies listed
in paragraphs (a)(4) and (c)(1) of this section shall be in accordance
with the ``priority of use'' provisions in Sec. 74.403(b)). The
channel will be assigned by its center frequency, channel bandwidth,
and emission designator. In general, the frequencies listed in this
section represent the center of the channel or channel segment. When an
even number of channels are stacked in those sections stacking is
permitted, channel assignments may be made for the frequency halfway
between those listed.
(a) The following channels (except 1606, 1622, and 1646 kHz) may be
assigned for use by broadcast remote pickup stations using any emission
(other than single sideband or pulse) that will be in accordance with
the provisions of Sec. 74.462.
(1) MF Channels: 1606, 1622, and 1646 kHz. The channel 1606 kHz is
subject to the condition listed in paragraph (e)(1) of this section.
(2) HF Channels: 25.87, 25.91, 25.95, 25.99, 26.03, 26.07, 26.09,
26.11, 26.13, 26.15, 26.17, 26.19, 26.21, 26.23, 26.25, 26.27, 26.29,
26.31, 26.33, 26.35, 26.37, 26.39, 26.41, 26.43, 26.45, and 26.47 MHz.
The channels 25.87-26.09 MHz are subject to the condition listed in
paragraph (e)(2) of this section.
(3) VHF Channels: 166.25 and 170.15 MHz. These channels are subject
to the condition listed in paragraph (e)(8) of this section.
(4) UHF Channels: Up to two of the following 6.25 kHz segments may
be stacked to form a channel which may be assigned for use by broadcast
remote pickup stations using any emission contained within the
resultant channel in accordance with the provisions of Sec. 74.462:
450.00625 MHz, 450.0125 MHz, 450.01875 MHz, 450.025 MHz, 450.98125 MHz,
450.9875 MHz, 450.99375 MHz, 455.00625 MHz, 455.0125 MHz, 455.01875
MHz, 455.025 MHz, 455.98125 MHz, 455.9875 MHz, and 455.99375 MHz. These
channels are subject to the condition listed in paragraph (e)(9) of
this section.
(b) Up to four of the following 7.5 kHz VHF segments and up to
eight of the following 6.25 kHz UHF segments may be stacked to form a
channel which may be assigned for use by broadcast remote pickup
stations using any emission contained within the resultant channel in
accordance with the provisions of Sec. 74.462.
(1) VHF segments: 152.8625, 152.870, 152.8775, 152.885, 152.8925,
152.900, 152.9075, 152.915, 152.9225, 152.930, 152.9375, 152.945,
152.9525, 152.960, 152.9675, 152.975, 152.9825, 152.990, 152.9975,
153.005, 153.0125, 153.020, 153.0275, 153.035, 153.0425, 153.050,
153.0575, 153.065, 153.0725, 153.080, 153.0875, 153.095, 153.1025,
153.110, 153.1175, 153.125, 153.1325, 153.140, 153.1475, 153.155,
153.1625, 153.170, 153.1775, 153.185, 153.1925, 153.200, 153.2075,
153.215, 153.2225, 153.230, 153.2375, 153.245, 153.2525, 153.260,
153.2675, 153.275, 153.2825, 153.290, 153.2975, 153.305, 153.3125,
153.320, 153.3275, 153.335, 153.3425, 153.350, and 153.3575. These
channels are subject to the conditions listed in paragraphs (e)(3),
(4), (5), and (10) of this section.
(2) VHF segments: 160.860, 160.8675, 160.875, 160.8825, 160.890,
160.8975, 160.905, 160.9125, 160.920, 160.9275, 160.935, 160.9425,
160.950, 160.9575, 160.965, 160.9725, 160.980, 160.9875, 160.995,
161.0025, 161.010, 161.0175, 161.025, 161.0325, 161.040, 161.0475,
161.055, 161.0625, 161.070, 161.0775, 161.085, 161.0925, 161.100,
161.1075, 161.115, 161.1225, 161.130, 161.1375, 161.145, 161.1525,
161.160, 161.1675, 161.175, 161.1825, 161.190, 161.1975, 161.205,
161.2125, 161.220, 161.2275, 161.235, 161.2425, 161.250, 161.2575,
161.265, 161.2725, 161.280, 161.2875, 161.295, 161.3025, 161.310,
161.3175, 161.325, 161.3325, 161.340, 161.3475, 161.355, 161.3625,
161.370, 161.3775, 161.385, 161.3925, 161.400. These channels are
subject to the condition listed in paragraph (e)(6) and (10) of this
section.
(3) VHF segments: 161.625, 161.6325, 161.640, 161.6475, 161.655,
161.6625, 161.670, 161.6775, 161.685, 161.6925, 161.700, 161.7075,
161.715, 161.7225, 161.730, 161.7375, 161.745, 161.7525, 161.760,
161.7675, 161.775. These channels are subject to the conditions listed
in paragraphs (e)(4), (7), and (10) of this section.
(4) UHF segments: 450.03125, 450.0375, 450.04375, 450.050,
450.05625, 450.0625, 450.06875, 450.075, 450.08125, 450.0875,
450.09375, 450.100, 450.10625, 450.1125, 450.11875, 450.125, 450.13125,
450.1375, 450.14375, 450.150, 450.15625, 450.1625, 450.16875, 450.175,
450.18125, 450.1875, 450.19375, 450.200, 450.20625, 450.2125,
450.21875, 450.225, 450.23125, 450.2375, 450.24375, 450.250, 450.25625,
450.2625, 450.26875, 450.275, 450.28125, 450.2875, 450.29375, 450.300,
450.30625, 450.3125, 450.31875, 450.325, 450.33125, 450.3375,
450.34375, 450.350, 450.35625, 450.3625, 450.36875, 450.375, 450.38125,
450.3875, 450.39375, 450.400, 450.40625, 450.4125, 450.41875, 450.425,
450.43125, 450.4375, 450.44375, 450.450, 450.45625, 450.4625,
[[Page 12764]]
450.46875, 450.475, 450.48125, 450.4875, 450.49375, 450.500, 450.50625,
450.5125, 450.51875, 450.525, 450.53125, 450.5375, 450.54375, 450.550,
450.55625, 450.5625, 450.56875, 450.575, 450.58125, 450.5875,
450.59375, 450.600, 450.60625, 450.6125, 450.61875, 455.03125,
455.0375, 455.04375, 455.050, 455.05625, 455.0625, 455.06875, 455.075,
455.08125, 455.0875, 455.09375, 455.100, 455.10625, 455.1125,
455.11875, 455.125, 455.13125, 455.1375, 455.14375, 455.150, 455.15625,
455.1625, 455.16875, 455.175, 455.18125, 455.1875, 455.19375, 455.200,
455.20625, 455.2125, 455.21875, 455.225, 455.23125, 455.2375,
455.24375, 455.250, 455.25625, 455.2625, 455.26875, 455.275, 455.28125,
455.2875, 455.29375, 455.300, 455.30625, 455.3125, 455.31875, 455.325,
455.33125, 455.3375, 455.34375, 455.350, 455.35625, 455.3625,
455.36875, 455.375, 455.38125, 455.3875, 455.39375, 455.400, 455.40625,
455.4125, 455.41875, 455.425, 455.43125, 455.4375, 455.44375, 455.450,
455.45625, 455.4625, 455.46875, 455.475, 455.48125, 455.4875,
455.49375, 455.500, 455.50625, 455.5125, 455.51875, 455.525, 455.53125,
455.5375, 455.54375, 455.550, 455.55625, 455.5625, 455.56875, 455.575,
455.58125, 455.5875, 455.59375, 455.600, 455.60625, 455.6125,
455.61875.
(c) Up to two of the following 25 kHz segments may be stacked to
form a channel which may be assigned for use by broadcast remote pickup
stations using any emission contained within the resultant channel in
accordance with the provisions of Sec. 74.462. Users committed to 50
kHz bandwidths and transmitting program material will have primary use
of these channels.
(1) UHF segments: 450.6375, 450.6625, 450.6875, 450.7125, 450.7375,
450.7625, 450.7875, 450.8125, 450.8375, 450.8625, 455.6375, 455.6625,
455.6875, 455.7125, 455.7375, 455.7625, 455.7875, 455.8125, 455.8375,
455.8625 MHz.
(2) [Reserved]
(d) Up to two of the following 50 kHz segments may be stacked to
form a channel which may be assigned for use by broadcast remote pickup
stations using any emission contained within the resultant channel in
accordance with the provisions of Sec. 74.462. Users committed to 100
kHz bandwidths and transmitting program material will have primary use
of these channels.
(1) UHF segments: 450.900, 450.950, 455.900, and 455.950 MHz.
(2) [Reserved]
(e) Conditions on Broadcast Remote Pickup Service channel usage as
referred to in paragraphs (a) through (d) of this section:
(1) Operation is subject to the condition that no harmful
interference is caused to the reception of AM broadcast stations.
(2) Operation is subject to the condition that no harmful
interference is caused to stations in the broadcast service.
(3) Operation is subject to the condition that no harmful
interference is caused to stations operating in accordance with the
Table of Frequency Allocations set forth in part 2 of this chapter.
Applications for licenses to use frequencies in this band must include
statements showing what procedures will be taken to ensure that
interference will not be caused to stations in the Industrial/Business
Pool (Part 90).
(4) These frequencies will not be licensed to network entities.
(5) These frequencies will not be authorized to new stations for
use on board aircraft.
(6) These frequencies are allocated for assignment to broadcast
remote pickup stations in Puerto Rico or the Virgin Islands only.
Note to Paragraph (e)(6): These frequencies are shared with
Public Safety and Industrial/Business Pools (Part 90).
(7) These frequencies may not be used by broadcast remote pickup
stations in Puerto Rico or the Virgin Islands. In other areas, certain
existing stations in the Public Safety and Industrial/Business Pools
(Part 90) have been permitted to continue operation on these
frequencies on the condition that no harmful interference is caused to
broadcast remote pickup stations.
(8) Operation on frequencies 166.25 MHz and 170.15 MHz is subject
to the condition that harmful interference shall not be caused to
present or future Government stations in the band 162-174 MHz and is
also subject to the bandwidth and tolerance limitations and compliance
deadlines listed in Sec. 74.462 of this part. Authorization on these
frequencies shall be in the lower 48 contiguous States only, except
within the area bounded on the west by the Mississippi River, on the
north by the parallel of latitude 37[deg]30' N., and on the east and
south by that arc of the circle with center at Springfield, Illinois,
and radius equal to the airline distance between Springfield, Illinois,
and Montgomery, Alabama, subtended between the foregoing west and north
boundaries, or within 150 miles (241.4 km) of New York City.
(9) The use of these frequencies is limited to operational
communications, including tones for signaling and for remote control
and automatic transmission system control and telemetry. Stations
licensed or applied for before April 16, 2003, must comply with the
channel plan by March 17, 2006, or may continue to operate on a
secondary, non-interference basis.
(10) Stations licensed or applied for before April 16, 2003, must
comply with the channel plan by March 17, 2006, or may continue to
operate on a secondary, non-interference basis.
(f) License applicants shall request assignment of only those
channels, both in number and bandwidth, necessary for satisfactory
operation and for which the system is equipped to operate. However, it
is not necessary that each transmitter within a system be equipped to
operate on all frequencies authorized to that licensee.
(g) Remote pickup stations or systems will not be granted exclusive
channel assignments. The same channel or channels may be assigned to
other licensees in the same area. When such sharing is necessary, the
provisions of Sec. 74.403 shall apply.
20. Section 74.403 is amended by revising the introductory text of
paragraph (b) to read as follows:
Sec. 74.403 Frequency selection to avoid interference.
* * * * *
(b) The following order of priority of transmissions shall be
observed on all frequencies except frequencies 26.07 MHz, 26.11 MHz,
and 26.45 MHz, and frequencies listed in Sec. 74.402(a)(4) and (c)(1):
* * * * *
21. Section 74.431 is amended by removing and reserving paragraph
(g) and by revising paragraph (i) to read as follows:
Sec. 74.431 Special rules applicable to remote pickup stations.
* * * * *
(i) Remote pickup mobile or base stations may be used for
activities associated with the Emergency Alert System (EAS) and similar
emergency survival communications systems. Drills and test are also
permitted on these stations, but the priority requirements of Sec.
74.403(b) must be observed in such cases.
22. Section 74.432 is amended revising paragraphs (b), (g) and (k)
to read as follows:
Sec. 74.432 Licensing requirements and procedures.
* * * * *
[[Page 12765]]
(b) Base stations may operate as automatic relay stations on the
frequencies listed in Sec. 74.402(b)(4) and (c)(1) under the
provisions of Sec. 74.436, however, one licensee may not operate such
stations on more than two frequency pairs in a single area.
* * * * *
(g) An application for a remote pickup broadcast station or system
shall specify the broadcasting station with which the remote pickup
broadcast facility is to be principally used and the licensed area of
operation for a system which includes mobile stations shall be the area
considered to be served by the associated broadcasting station. Mobile
stations may be operated outside the licensed area of operation
pursuant to Sec. 74.24 of this part. Where the applicant for remote
pickup broadcast facilities is the licensee of more than one class of
broadcasting station (AM, FM, TV), all licensed to the same community,
designation of one such station as the associated broadcasting station
will not preclude use of the remote pickup broadcast facilities with
those broadcasting stations not included in the designation and such
additional use shall be at the discretion of the licensee.
* * * * *
(k) In case of permanent discontinuance of operations of a station
licensed under this subpart, the licensee shall cancel the station
license using FCC Form 601. For purposes of this section, a station
which is not operated for a period of one year is considered to have
been permanently discontinued.
* * * * *
23. Section 74.433 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 74.433 Temporary authorizations.
* * * * *
(b) A request for special temporary authority for the operation of
a remote pickup broadcast station must be made in accordance with the
procedures of Sec. 1.931(b) of this chapter.
(c) All requests for special temporary authority of a remote pickup
broadcast station must include full particulars including: licensee's
name and address, facility identification number of the associated
broadcast station or stations, call letters of remote pickup station
(if assigned), type and manufacturer of equipment, power output,
emission, frequency or frequencies proposed to be used, commencement
and termination date, location of operation and purpose for which
request is made including any particular justification.
* * * * *
24. Section 74.451 is amended by revising paragraph (a) to read as
follows:
Sec. 74.451 Certification of equipment.
(a) Applications for new remote pickup broadcast stations or
systems or for changing transmitting equipment of an existing station
will not be accepted unless the transmitters to be used have been
certificated by the FCC pursuant to the provisions of this subpart, or
have been certificated for licensing under part 90 of this chapter and
do not exceed the output power limits specified in Sec. 74.461(b).
* * * * *
25. Section 74.452 is revised to read as follows:
Sec. 74.452 Equipment changes.
(a) Modifications may be made to an existing authorization in
accordance with Sec. Sec. 1.929 and 1.947 of this chapter.
(b) All transmitters initially installed after November 30, 1977,
must be certificated for use in this service or other service as
specified in Sec. 74.451(a).
26. Section 74.462 is amended by revising paragraph (a), the table
in paragraph (b), and the introductory text to paragraph (c), and
removing paragraphs (e), (f), and (g) to read as follows:
Sec. 74.462 Authorized bandwidth and emissions.
(a) Each authorization for a new remote pickup broadcast station or
system shall require the use of certificated equipment and such
equipment shall be operated in accordance with emission specifications
included in the grant of certification and as prescribed in paragraphs
(b), (c), and (d) of this section.
(b) * * *
----------------------------------------------------------------------------------------------------------------
Maximum
Authorized bandwidth frequency
Frequencies (kHz) deviation \1\ Type of emission \2\
(kHz)
----------------------------------------------------------------------------------------------------------------
(kHz): 1606, 1622, and 1646 10....................... N/A A3E.
MHz:
25.87 to 26.03.................... 40....................... 10 Frequencies 25.87 to 153.3575
26.07 to 26.47.................... 20....................... 5 MHz: A3E, F1E, F3E, F9E.
152.8625 to 153.3575 \3\.......... 30/60.................... 5/10
160.860 to 161.400................ 60....................... 10
161.625 to 161.775................ 30....................... 5
166.25 and 170.15 \4\............. 12.5/25.................. 5
450.00625 to 450.025 ......................... .............. Frequencies 160.860 to
450.98125 to 450.99375............ ......................... .............. 455.950 MHz: A1A, A1B, A1D,
455.00625 to 455.025.............. ......................... .............. A1E, A2A, A2B, A2D, A2E,
455.98125 to 455.99375............ Up to 12.5............... 1.5 A3E, F1A, F1B, F1D, F1E,
F2A, F2B, F2D, F2E, F3E, F9E
450.03125 to 450.61875
455.03125 to 455.61875............ Up to 25................. 5
450.6375 to 450.8625
455.6375 to 455.8625.............. 25-50.................... 10
450.900, 450.950
455.900, 455.950.................. 50-100................... 35
----------------------------------------------------------------------------------------------------------------
\1\ Applies where F1A, F1B, F1D, F1E, F2A, F2B, F2D, F2E, F3E, or F9E emissions are used.
\2\ Stations operating above 450 MHz shall show a need for employing A1A, A1B, A1D, A1E, A2A, A2B, A2D, A2E,
F1A, F1B, F1D, F1E, F2A, F2B, F2D, or F2E emission.
\3\ New or modified licenses for use of the frequencies will not be granted to utilize transmitters on board
aircraft, or to use a bandwidth in excess of 30 kHz and maximum deviation exceeding 5 kHz
\4\ For stations licensed or applied for before April 16, 2003, the sum of the bandwidth of emission and
tolerance on frequencies 166.25 MHz or 170.15 MHz shall not exceed 25 kHz, and such operation may continue
until January 1, 2005. For new stations licensed or applied for on or after April 16, 2003, the sum of the
bandwidth of emission and tolerance on these frequencies shall not exceed 12.5 kHz. For all remote pickup
broadcast stations, the sum of the bandwidth of emission and tolerance on these frequencies shall not exceed
12.5 kHz on or after January 1, 2005.
[[Page 12766]]
(c) For emissions on frequencies above 25 MHz with authorized
bandwidths up to 30 kHz, the emissions shall comply with the emission
mask and transient frequency behavior requirements of Sec. Sec. 90.210
and 90.214 of this chapter. For all other emissions, the mean power of
emissions shall be attenuated below the mean output power of the
transmitter in accordance with the following schedule:
* * * * *
27. Section 74.464 is amended by revising the introductory text to
the table to read as follows:
Sec. 74.464 Frequency tolerance.
For operations on frequencies above 25 MHz using authorized
bandwidths up to 30 kHz, the licensee of a remote pickup broadcast
station or system shall maintain the operating frequency of each
station in compliance with the frequency tolerance requirements of
Sec. 90.213 of this chapter. For all other operations, the licensee of
a remote pickup broadcast station or system shall maintain the
operating frequency of each station in accordance with the following:
* * * * *
28. Section 74.482 is amended by revising paragraphs (a) and (e) to
read as follows:
Sec. 74.482 Station identification.
(a) Each remote pickup broadcast station shall be identified by the
transmission of the assigned station or system call sign, or by the
call sign of the associated broadcast station. For systems, the
licensee (including those operating pursuant to Sec. 74.24 of this
part) shall assign a unit designator to each station in the system. The
call sign (and unit designator, where appropriate) shall be transmitted
at the beginning and end of each period of operation. A period of
operation may consist of a single continuous transmission, or a series
of intermittent transmissions pertaining to a single event.
* * * * *
(e) For stations using F1E or G1E emissions, identification shall
be transmitted in the unscrambled analog (F3E) mode or in International
Morse Code pursuant to the provisions of paragraph (d) of this section
at intervals not to exceed 15 minutes. For purposes of rule
enforcement, all licensees using F1E or G1E emissions shall provide,
upon request by the Commission, a full and complete description of the
encoding methodology they currently use.
* * * * *
29. Section 74.502 is amended by revising paragraphs (b)
introductory text, (c)(1)(ii), and (d) to read as follows:
Sec. 74.502 Frequency assignment.
* * * * *
(b) The frequency band 944-952 MHz is available for assignment to
aural STL and ICR stations. One or more of the following 25 kHz
segments may be stacked to form a channel which may be assigned with a
maximum authorized bandwidth of 300 kHz except as noted in the
following Table. The channel, will be assigned by its center frequency,
channel bandwidth, and emission designator. The following frequencies
are the centers of individual segments. When stacking an even number of
segments, the center frequency specified will deviate from the
following frequencies in that it should correspond to the actual center
of stacked channels. When stacking an odd number of channels, the
center frequency specified will correspond to one of the following
frequencies.
* * * * *
(c) * * *
(1) * * *
(ii) Licensees may use either a two-way link or one frequency of a
frequency pair for a one-way link.
* * * * *
(d) For the coordination of all frequency assignments for fixed
stations above 944 MHz, for each frequency authorized under this part,
the interference protection criteria in Sec. 101.105(a), (b), and (c)
of this chapter and the frequency usage coordination procedures of
Sec. 101.103(d) of this chapter will apply.
* * * * *
30. Section 74.532 is amended by removing the note following
paragraph (d) and revising paragraph (f) to read as follows:
Sec. 74.532 Licensing requirements.
* * * * *
(f) In case of permanent discontinuance of operations of a station
licensed under this subpart, the licensee shall cancel the station
license using FCC Form 601. For purposes of this section, a station
which is not operated for a period of one year is considered to have
been permanently discontinued.
31. Section 74.534 is revised to read as follows:
Sec. 74.534 Power limitations.
(a) Transmitter output power. (1) Transmitter output power shall be
limited to that necessary to accomplish the function of the system.
(2) In the 17,700 to 19,700 MHz band, transmitter output power
shall not exceed 10 watts.
(b) In no event shall the average equivalent isotropically radiated
power (EIRP), as referenced to an isotropic radiator, exceed the values
specified in the following table. In cases of harmful interference, the
Commission may, after notice and opportunity for hearing, order a
change in the equivalent isotropically radiated power of this station.
------------------------------------------------------------------------
Maximum Allowable \1\ EIRP
Frequency band (MHz) (dBW)
------------------------------------------------------------------------
944 to 952................................ +40
17,700 to 18,600.......................... +55
18,600 to 19,700.......................... +35
------------------------------------------------------------------------
\1\ Stations licensed based on an application filed before April 16,
2003, for EIRP values exceeding those specified above, may continue to
operate indefinitely in accordance with the terms of their current
authorizations, subject to periodic renewal.
(c) The EIRP of transmitters that use Automatic Transmitter Power
Control (ATPC) shall not exceed the EIRP specified on the station
authorization. The EIRP of non-ATPC transmitters shall be maintained as
near as practicable to the EIRP specified on the station authorization.
32. Section 74.535 is amended by revising paragraphs (a), (b) and
(d), removing paragraphs (e) and (f), and redesignating paragraph (g)
as paragraph (e) to read as follows:
Sec. 74.535 Emission and bandwidth.
(a) The mean power of emissions shall be attenuated below the mean
transmitter power (PMEAN) in accordance with the following
schedule:
(1) When using frequency modulation:
(i) On any frequency removed from the assigned (center) frequency
by more than 50% up to and including 100% of the authorized bandwidth:
At least 25 dB in any 100 kHz reference bandwidth (BREF);
(ii) On any frequency removed from the assigned (center) frequency
by more than 100% up to and including 250% of the authorized bandwidth:
At least 35 dB in any 100 kHz reference bandwidth;
(iii) On any frequency removed from the assigned (center) frequency
by more than 250% of the authorized bandwidth: At least 43+10
log10 (PMEAN in watts) dB, or 80 dB, whichever is
the lesser attenuation, in any 100 kHz reference bandwidth.
(2) When using transmissions employing digital modulation
techniques:
[[Page 12767]]
(i) For operating frequencies below 15 GHz, in any 4 kHz reference
bandwidth (BREF), the center frequency of which is removed
from the assigned frequency by more than 50 percent up to and including
250 percent of the authorized bandwidth: As specified by the following
equation but in no event less than 50 decibels:
A = 35 + 0.8(G - 50) + 10 Log10 B.
(Attenuation greater than 80 decibels is not required.)
Where:
A = Attenuation (in decibels) below the mean output power level.
G = Percent removed from the carrier frequency.
B = Authorized bandwidth in megahertz.
(ii) For operating frequencies above 15 GHz, in any 1 MHz reference
bandwidth (BREF), the center frequency of which is removed
from the assigned frequency by more than 50 percent up to and including
250 percent of the authorized bandwidth: As specified by the following
equation but in no event less than 11 decibels:
A = 11 + 0.4(G - 50) + 10 Log10 B.
(Attenuation greater than 56 decibels is not required.)
(iii) In any 4 kHz reference bandwidth (BREF), the
center frequency of which is removed from the assigned frequency by
more than 250 percent of the authorized bandwidth: At least 43 +10
Log10 (PMEAN in watts) decibels, or 80 decibels,
whichever is the lesser attenuation.
(b) For all emissions not covered in paragraph (a) of this section,
the peak power of emissions shall be attenuated below the peak envelope
transmitter power (PPEAK) in accordance with the following
schedule:
(1) On any frequency 500 Hz inside the channel edge up to and
including 2500 Hz outside the same edge, the following formula will
apply:
A = 29 Log10 [(25/11)[(D + 2.5 - (W/2)]\2\] dB
(Attenuation greater than 50 decibels is not required.)
Where:
A = Attenuation (in dB) below the peak envelope transmitter power.
D = the displacement frequency (kHz) from the center of the
authorized bandwidth.
W = the channel bandwidth (kHz).
(2) On any frequency removed from the channel edge by more than
2500 Hz: At least 43+10 Log10 (PPEAK in watts)
dB.
* * * * *
(d) For purposes of compliance with the emission limitation
requirements of this section:
(1) If the transmitter modulates a single carrier, digital
modulation techniques are considered as being employed when digital
modulation occupies 50 percent or more of the total peak frequency
deviation of a transmitted radio frequency carrier. The total peak
frequency deviation will be determined by adding the deviation produced
by the digital modulation signal and the deviation produced by any
frequency division multiplex (FDM) modulation used. The deviation (D)
produced by the FDM signal must be determined in accordance with Sec.
2.202(f) of this chapter.
(2) If the transmitter modulates two or more carriers, with at
least one using digital modulation and one using frequency or other
analog modulation, digital modulation techniques are considered as
being employed when the necessary bandwidth of the digital signal(s) is
50 percent or more of the aggregate bandwidth of the system, comprising
the digital necessary bandwidth(s), the analog necessary bandwidth(s),
and any bandwidth(s) between the digital and analog necessary
bandwidths. In this case, the aggregate bandwidth shall be used for the
authorized bandwidth (B) in paragraph (a) of this section, and for
purposes of compliance with the bandwidth limitations in Sec. 74.502
of this subpart; and the sum of the powers of the analog and digital
signals shall be used for mean transmitter power (PMEAN) in
paragraph (a) or the peak envelope transmitter power (PPEAK)
in paragraph (b) of this section, and for purposes of compliance with
the power limitations in Sec. 74.534 of this subpart.
(3) For demonstrating compliance with the attenuation requirements
for frequency modulation and digital modulation in paragraph (a) of
this section, the resolution bandwidth (BRES) of the
measuring equipment used for measurements removed from the center
frequency by more than 250 percent of the authorized bandwidth shall be
100 kHz for operating frequencies below 1 GHz, and 1 MHz for operating
frequencies above 1 GHz. The resolution bandwidth for frequencies
removed from the center frequency by less than 250 percent of the
authorized bandwidth shall be the reference bandwidth (BREF)
specified in the individual emission limitations, but may be reduced to
not less than one percent of the authorized bandwidth (B), adjusted
upward to the nearest greater resolution bandwidth available on the
measuring equipment. In all cases, if BRES and
BREF are not equal, then the attenuation requirement must be
increased (or decreased) as determined by a factor of 10
log10 [(BREF in megahertz)/(BRES in
megahertz)] decibels, where a positive factor indicates an increase in
the attenuation requirement and a negative factor indicates a decrease
in the attenuation requirement.
(4) Stations licensed pursuant to an application filed before March
17, 2005, using equipment not conforming with the emission limitations
specified above, may continue to operate indefinitely in accordance
with the terms of their current authorizations, subject to periodic
renewal. Existing equipment and equipment of product lines in
production before April 16, 2003, authorized via certification or
verification before March 17, 2005, for equipment not conforming to the
emission limitations requirements specified above, may continue to be
manufactured and/or marketed, but may not be authorized for use under a
station license except at stations licensed pursuant to an application
filed before March 17, 2005. Any non-conforming equipment authorized
under a station license, and replaced on or after March 17, 2005, must
be replaced by conforming equipment.
* * * * *
Sec. 74.536 [Amended]
33. Section 74.536 is amended by removing the entry for 31.0 to
31.3 and footnotes 2 and 3 from the table in paragraph (c).
34. Section 74.537 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 74.537 Temporary authorizations.
* * * * *
(b) A request for special temporary authority for the operation of
an aural broadcast STL or an intercity relay station must be made in
accordance with the procedures of Sec. 1.931(b) of this chapter.
(c) All requests for special temporary authority of an aural
broadcast auxiliary stations must include full particulars including:
licensee's name and address, facility identification number of the
associated broadcast station(s), call letters of the aural broadcast
STL or intercity relay station, if assigned, type and manufacturer of
equipment, effective isotropic radiated power, emission, frequency or
frequencies proposed for use, commencement and termination date and
location of the proposed operation, and purpose for which request is
made including any particular justification.
* * * * *
[[Page 12768]]
35. Section 74.551 is amended by revising paragraph (a)
introductory text, removing paragraphs (b) and (c), and redesignating
paragraph (d) as paragraph (b) to read as follows:
Sec. 74.551 Equipment changes.
(a) Modifications may be made to an existing authorization in
accordance with Sec. Sec. 1.929 and 1.947 of this chapter.
* * * * *
Sec. 74.561 [Amended]
36. Section 74.561 is amended by removing the entry for 31,000 to
31,300 from the table.
37. Section 74.602 is amended by revising paragraphs (a)
introductory text, the channel boundaries for channel designation B03
in the table of paragraph (a), footnote 2 of the table of paragraph
(a), paragraphs (d), (f), (h), and (i) introductory text, and by
removing and revising paragraph (a)(2) to read as follows:
Sec. 74.602 Frequency assignment.
(a) The following frequencies are available for assignment to
television pickup, television STL, television relay and television
translator relay stations. The band segments 17,700-18,580 and 19,260-
19,700 MHz are available for broadcast auxiliary stations as described
in paragraph (g) of this section. The band segment 6425-6525 MHz is
available for broadcast auxiliary stations as described in paragraph
(i) of this section. Broadcast network-entities may also use the 1990-
2110, 6425-6525 and 6875-7125 MHz bands for mobile television pickup
only.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Band D \1\ GHz
--------------------------------------------------------------------------------------------
Band A MHz Band B MHz Group A channels Group B channels
--------------------------------------------------------------------------------------------
Designation Channel boundaries Designation Channel boundaries
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
B03 12.7625-12.7875
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For fixed stations using Band D Channels, applicants are encouraged to use alternate A and B channels such that adjacent R.F. carriers are spaced
12.5 MHz. As an example, a fixed station, relaying several channels, would use A01, B01, A02, B02, A03, etc.
\2\ The band 13.15--13.20 GHz is reserved for the assignment of CARS Pickup and Television Pickup stations on a primary co-equal basis within 50
kilometers of the television markets defined in Sec. 76.53 of this chapter. The band 13.20--13.2125 GHz is reserved exclusively for the assignment
of Television Pickup stations on a primary basis. Fixed stations licensed prior to April 16, 2003, may continue operation under their current status
on channels in the 13.15--13.2125 GHz band, subject to periodic license renewals.
* * * * *
(d) Cable Television Relay Service stations may be assigned
channels in Band D between 12,700 and 13,200 MHz subject to the
condition that no harmful interference is caused to TV STL and TV relay
stations authorized at the time of such grants. Similarly, new TV STL
and TV relay stations must not cause harmful interference to cable
television relay stations authorized at the time of such grants. The
use of channels between 12,700 and 13,200 MHz by TV pickup stations is
subject to the condition that no harmful interference is caused to
Cable Television Relay Service stations, TV STL and TV relay stations,
except as provided for in Sec. 74.602(a) Note 2. Band D channels are
also shared with certain Private Operational Fixed Stations, see Sec.
74.638.
* * * * *
(f) TV auxiliary stations licensed to low power TV stations and
translator relay stations will be assigned on a secondary basis, i.e.,
subject to the condition that no harmful interference is caused to
other TV auxiliary stations assigned to TV broadcast stations, or to
cable television relay service stations (CARS) operating between 12,700
and 13,200 MHz. Auxiliary stations licensed to low power TV stations
and translator relay stations must accept any interference caused by
stations having primary use of TV auxiliary frequencies.
* * * * *
(h) TV STL, TV relay stations, and TV translator relay stations may
be authorized to operate fixed point-to-point service on the UHF TV
channels 14-69 on a secondary basis and subject to the provisions of
subpart G of this part:
(1) Applications for authorization in accordance with this
paragraph must comply with the following technical limits or be
accompanied by an engineering analysis demonstrating why these limits
must be exceeded:
(i) Maximum EIRP is limited to 35 dBW;
(ii) Transmitting antenna beamwidth is limited to 25 degrees
(measured at the 3 dB points); and
(iii) Vertical polarization is used.
(2) These stations must not interfere with and must accept
interference from current and future full-power UHF-TV stations, LPTV
stations, and translator stations. They will also be secondary to land
mobile stations in areas where land mobile sharing is currently
permitted.
(3) TV STL and TV relay stations licensed for operation on UHF TV
channels 52-69 based on applications filed before April 16, 2003, may
continue to operate under the terms of their current authorizations
until the end of transition to digital television in their market (DTV
Transition), as set forth in Sec. Sec. 73.622 through 73.625 of this
chapter. Applications for TV STL and TV relay stations operating on UHF
TV channels 52-69 will not be accepted for filing on or after April 16,
2003.
(4) TV translator relay stations licensed for operation on UHF TV
channels 52-59 based on applications filed before the end of DTV
transition may continue to operate under the terms of their current
authorizations indefinitely. TV translator relay stations licensed for
operation on UHF TV channels 60-69 based on applications filed before
the end of DTV transition may continue to operate under the terms of
their current authorizations until the end of DTV Transition.
Applications for TV translator relay stations operating on UHF TV
channels 52-69 will not be accepted for filing on or after the end of
DTV Transition.
(i) 6425 to 6525 MHz--Mobile Only. Paired and un-paired operations
permitted. Use of this spectrum for direct delivery of video programs
to the general public or multi-channel cable distribution is not
permitted. This band is co-equally shared with mobile stations licensed
pursuant to parts 78 and 101 of this chapter. The following channel
plans apply.
* * * * *
[[Page 12769]]
Sec. 74.603 [Amended]
38. Section 74.603 is amended by removing and reserving paragraph
(b).
Sec. 74.604 [Amended]
39. Section 74.604 is amended by removing and reserving paragraph
(a).
40. Section 74.631 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 74.631 Permissible service.
(a) The licensee of a television pickup station authorizes the
transmission of program material, orders concerning such program
material, and related communications necessary to the accomplishment of
such transmissions, from the scenes of events occurring in places other
than a television studio, to its associated television broadcast
station, to an associated television relay station, to such other
stations as are broadcasting the same program material, or to the
network or networks with which the television broadcast station is
affiliated. * * *
* * * * *
41. Section 74.632 is amended by removing the last two sentences of
paragraph (a) and the Note following paragraph (f), and revising
paragraphs (c), (e) and (g).
Sec. 74.632 Licensing requirements.
* * * * *
(c) An application for a new TV pickup station shall designate the
TV broadcast station with which it is to be operated and specify the
area in which the proposed operation is intended. The maximum
permissible area of operation will generally be that of a standard
metropolitan area, unless a special showing is made that a larger area
is necessary.
* * * * *
(e) A license for a TV translator relay station will be issued only
to licensees of low power TV and TV translator stations. However, a
television translator relay station license may be issued to a
cooperative enterprise wholly owned by licensees of television
broadcast translators or licensees of television broadcast translators
and cable television owners or operators upon a showing that the
applicant is qualified under the Communication Act of 1934, as amended.
* * * * *
(g) In case of permanent discontinuance of operations of a station
licensed under this subpart, the licensee shall cancel the station
license using FCC Form 601. For purposes of this section, a station
which is not operated for a period of one year is considered to have
been permanently discontinued.
42. Section 74.633 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 74.633 Temporary authorizations.
* * * * *
(b) A request for special temporary authority for the operation of
a television broadcast auxiliary station must be made in accordance
with the procedures of Sec. 1.931(b) of this chapter.
(c) All requests for special temporary authority of a television
broadcast auxiliary station must include full particulars including:
licensee's name and address, facility identification number of the
associated broadcast station(s) (if any), call letters of the
television broadcast STL or intercity relay station (if assigned), type
and manufacturer of equipment, effective isotropic radiated power,
emission, frequency or frequencies proposed for use, commencement and
termination date and location of the proposed operation, and purpose
for which request is made including any particular justification.
* * * * *
43. Section 74.636 is revised to read as follows:
Sec. 74.636 Power limitations.
(a) On any authorized frequency, transmitter peak output power and
the average power delivered to an antenna in this service must be the
minimum amount of power necessary to carry out the communications
desired and shall not exceed the values listed in the following table.
Application of this principle includes, but is not to be limited to,
requiring a licensee who replaces one or more of its antennas with
larger antennas to reduce its antenna input power by an amount
appropriate to compensate for the increased primary lobe gain of the
replacement antenna(s). In no event shall the average equivalent
isotropically radiated power (EIRP), as referenced to an isotropic
radiator, exceed the values specified in the following table. In cases
of harmful interference, the Commission may, after notice and
opportunity for hearing, order a change in the effective radiated power
of this station. The table follows:
----------------------------------------------------------------------------------------------------------------
Maximum Maximum allowable EIRP \2\
allowable -------------------------------
transmitter
Frequency band (MHz) power
---------------- Fixed (dBW) Mobile (dBW)
Mobile (W)
----------------------------------------------------------------------------------------------------------------
2,025 to 2,110.................................................. 12.0 +45 +35
2,450 to 2,483.5................................................ 12.0 +45 +35
6,425 to 6,525.................................................. 12.0 .............. +35
6,875 to 7,125.................................................. 12.0 +55 +35
12,700 to 13,250................................................ 1.5 +55 +45
17,700 to 18,600................................................ .............. +55 ..............
18,600 to 18,800 \1\............................................ .............. +35 ..............
18,800 to 19,700................................................ .............. +55 ..............
----------------------------------------------------------------------------------------------------------------
\1\ The power delivered to the antenna is limited to -3 dBW.
\2\ Stations licensed based on an application filed before April 16, 2003, for EIRP values exceeding those
specified above, may continue to operate indefinitely in accordance with the terms of their current
authorizations, subject to periodic renewal.
(b) The EIRP of transmitters that use Automatic Transmitter Power
Control (ATPC) shall not exceed the EIRP specified on the station
authorization. The EIRP of non-ATPC transmitters shall be maintained as
near as practicable to the EIRP specified on the station authorization.
44. Section 74.637 is amended by revising paragraphs (a), (b) and
(c) and by removing the entries for 31,000 to 31,300 and 38,600 to
40,000 from the table in paragraph (g) to read as follows:
Sec. 74.637 Emissions and emission limitations.
(a) The mean power of emissions shall be attenuated below the mean
transmitter power (PMEAN) in accordance with the following
schedule:
[[Page 12770]]
(1) When using frequency modulation:
(i) On any frequency removed from the assigned (center) frequency
by more than 50% up to and including 100% of the authorized bandwidth:
At least 25 dB in any 100 kHz reference bandwidth (BREF);
(ii) On any frequency removed from the assigned (center) frequency
by more than 100% up to and including 250% of the authorized bandwidth:
At least 35 dB in any 100 kHz reference bandwidth;
(iii) On any frequency removed from the assigned (center) frequency
by more than 250% of the authorized bandwidth: At least 43+10
log10 (PMEAN in watts) dB, or 80 dB, whichever is
the lesser attenuation, in any 100 kHz reference bandwidth.
(2) When using transmissions employing digital modulation
techniques:
(i) For operating frequencies below 15 GHz, in any 4 kHz reference
bandwidth (BREF), the center frequency of which is removed
from the assigned frequency by more than 50 percent up to and including
250 percent of the authorized bandwidth: As specified by the following
equation but in no event less than 50 decibels:
A = 35 + 0.8 (G - 50) + 10 Log10 B.
(Attenuation greater than 80 decibels is not required.)
Where:
A = Attenuation (in decibels) below the mean output power level.
G = Percent removed from the carrier frequency.
B = Authorized bandwidth in megahertz.
(ii) For operating frequencies above 15 GHz, in any 1 MHz reference
bandwidth (BREF), the center frequency of which is removed
from the assigned frequency by more than 50 percent up to and including
250 percent of the authorized bandwidth: As specified by the following
equation but in no event less than 11 decibels:
A = 11 + 0.4 (G-50) + 10 Log10 B.
(Attenuation greater than 56 decibels is not required.)
(iii) In any 4 kHz reference bandwidth (BREF), the
center frequency of which is removed from the assigned frequency by
more than 250 percent of the authorized bandwidth: At least 43 +10
Log10 (PMEAN in watts) decibels, or 80 decibels,
whichever is the lesser attenuation.
(3) Amplitude Modulation. For vestigial sideband AM video: On any
frequency removed from the center frequency of the authorized band by
more than 50%: at least 50 dB below peak power of the emission.
(b) For all emissions not covered in paragraph (a) of this section,
the peak power of emissions shall be attenuated below the peak envelope
transmitter power (PPEAK) in accordance with the following
schedule:
(1) On any frequency 500 Hz inside the channel edge up to and
including 2500 Hz outside the same edge, the following formula will
apply:
A = 29 Log10 [(25/11)[(D + 2.5 - (W/2)]\2\] dB
(Attenuation greater than 50 decibels is not required.)
Where:
A = Attenuation (in dB) below the peak envelope transmitter power.
D = The displacement frequency (kHz) from the center of the authorized
bandwidth.
W = the channel bandwidth (kHz).
(2) On any frequency removed from the channel edge by more than
2500 Hz: At least 43 + 10 Log10 (PPEAK in watts)
dB.
(c) For purposes of compliance with the emission limitation
requirements of this section:
(1) If the transmitter modulates a single carrier, digital
modulation techniques are considered as being employed when digital
modulation occupies 50 percent or more of the total peak frequency
deviation of a transmitted radio frequency carrier. The total peak
frequency deviation will be determined by adding the deviation produced
by the digital modulation signal and the deviation produced by any
frequency division multiplex (FDM) modulation used. The deviation (D)
produced by the FDM signal must be determined in accordance with Sec.
2.202(f) of this chapter.
(2) If the transmitter modulates two or more carriers, with at
least one using digital modulation and one using frequency or other
analog modulation, digital modulation techniques are considered as
being employed when the necessary bandwidth of the digital signal(s) is
50 percent or more of the aggregate bandwidth of the system, comprising
the digital necessary bandwidth(s), the analog necessary bandwidth(s),
and any bandwidth(s) between the digital and analog necessary
bandwidths. In this case, the aggregate bandwidth shall be used for the
authorized bandwidth (B) in paragraph (a) of this section, and for
purposes of compliance with the bandwidth limitations in paragraph (g)
of this section and in Sec. 74.602 of this subpart; and the sum of the
powers of the analog and digital signals shall be used for mean
transmitter power (PMEAN) in paragraph (a) or the peak
envelope transmitter power (PPEAK) in paragraph (b) of this
section, and for purposes of compliance with the power limitations in
Sec. 74.636 of this subpart.
(3) For demonstrating compliance with the attenuation requirements
for frequency modulation and digital modulation in paragraph (a) of
this section, the resolution bandwidth (BRES) of the
measuring equipment used for measurements removed from the center
frequency by more than 250 percent of the authorized bandwidth shall be
100 kHz for operating frequencies below 1 GHz, and 1 MHz for operating
frequencies above 1 GHz. The resolution bandwidth for frequencies
removed from the center frequency by less than 250 percent of the
authorized bandwidth shall be the reference bandwidth (BREF)
specified in the individual emission limitations, but may be reduced to
not less than one percent of the authorized bandwidth (B), adjusted
upward to the nearest greater resolution bandwidth available on the
measuring equipment. In all cases, if BRES and
BREF are not equal, then the attenuation requirement must be
increased (or decreased) as determined by a factor of 10
log10 [(BREF in megahertz)/(BRES in
megahertz)] decibels, where a positive factor indicates an increase in
the attenuation requirement and a negative factor indicates a decrease
in the attenuation requirement.
(4) Stations licensed pursuant to an application filed before March
17, 2005, using equipment not conforming with the emission limitations
specified above, may continue to operate indefinitely in accordance
with the terms of their current authorizations, subject to periodic
renewal. Existing equipment and equipment of product lines in
production before April 16, 2003, authorized via certification or
verification before March 17, 2005, for equipment not conforming to the
emission limitations requirements specified above, may continue to be
manufactured and/or marketed, but may not be authorized for use under a
station license except at stations licensed pursuant to an application
filed before March 17, 2005. Any non-conforming equipment authorized
under a station license, and replaced on or after March 17, 2005, must
be replaced by conforming equipment.
* * * * *
45. Section 74.638 is revised to read as follows:
Sec. 74.638 Frequency coordination.
(a) Coordination of all frequency assignments for fixed stations in
all
[[Page 12771]]
bands above 2110 MHz, and for mobile (temporary fixed) stations in the
bands 6425-6525 MHz and 17.7-19.7 GHz, will be in accordance with the
procedure established in paragraph (b) of this section, except that the
prior coordination process for mobile (temporary fixed) assignments may
be completed orally and the period allowed for response to a
coordination notification may be less than 30 days if the parties
agree. Coordination of all frequency assignments for all mobile
(temporary fixed) stations in all bands above 2110 MHz, except the
bands 6425-6525 MHz and 17.7-19.7 GHz, will be conducted in accordance
with the procedure established in paragraph (b) of this section or with
the procedure in paragraph (d) of this section. Coordination of all
frequency assignments for all fixed stations in the band 1990-2110 MHz
will be in accordance with the procedure established in paragraph (c)
of this section. Coordination of all frequency assignments for all
mobile (temporary fixed) stations in the band 1990-2110 MHz will be
conducted in accordance with the procedure in paragraph (d) of this
section.
(b) Frequency coordination for all fixed stations in all bands
above 2110 MHz, and for all mobile (temporary fixed) stations in the
bands 6425-6525 MHz and 17.7-19.7 GHz. For each frequency authorized
under this part, the interference protection criteria in Sec.
101.105(a), (b), and (c) of this chapter and the frequency usage
coordination procedures in Sec. 101.103(d) of this chapter will apply,
except that only stations in the bands 6425-6525 MHz and 17.7-19.7 GHz
are subject to the provision in Sec. 101.103(d) requiring compliance
with Sec. 101.21(f) of this chapter in coordinating frequency usage
with stations in the fixed satellite service.
(c) Frequency coordination for all fixed stations in the band 1990-
2110 MHz. For each frequency authorized under this part, the following
frequency usage coordination procedures will apply:
(1) General requirements. Applicants are responsible for selecting
the frequency assignments that are least likely to result in mutual
interference with other licensees in the same area. Applicants may
consult local frequency coordination committees, where they exist, for
information on frequencies available in the area. Proposed frequency
usage must be coordinated with existing licensees and applicants in the
area whose facilities could affect or be affected by the new proposal
in terms of frequency interference on active channels, applied-for
channels, or channels coordinated for future growth. Coordination must
be completed prior to filing an application for regular authorization,
for major amendment to a pending application, or for major modification
to a license.
(2) To be acceptable for filing, all applications for regular
authorization, or major amendment to a pending application, or major
modification to a license, must include a certification attesting that
all co-channel and adjacent-channel licensees and applicants
potentially affected by the proposed fixed use of the frequency(ies)
have been notified and are in agreement that the proposed facilities
can be installed without causing harmful interference to those other
licensees and applicants.
(d) Frequency coordination for all mobile (temporary fixed)
stations in all bands above 1990 MHz, except the bands 6425-6525 MHz
and 17.7-19.7 GHz. For each frequency authorized under this part,
applicants are responsible for selecting the frequency assignments that
are least likely to result in mutual interference with other licensees
in the same area. Applicants may consult local frequency coordination
committees, where they exist, for information on frequencies available
in the area. In selecting frequencies, consideration should be given to
the relative location of receive points, normal transmission paths, and
the nature of the contemplated operation.
46. Section 74.641 is amended by revising the introductory text of
paragraph (a), removing the entry for 31,000 to 31,300 and footnotes 2
and 3 from the table in paragraph (a)(1), revising paragraphs (a)(5),
and the introductory text of paragraph (b) to read as follows:
Sec. 74.641 Antenna systems.
(a) For fixed stations operating above 2025 MHz, the following
standards apply:
* * * * *
(5) Pickup stations are not subject to the performance standards
herein stated.
(b) All fixed stations are to use antenna systems in conformance
with the standards of this section. TV auxiliary broadcast stations are
considered to be located in an area subject to frequency congestion and
must employ a Category A antenna when:
* * * * *
47. Section 74.643 is revised to read as follows:
Sec. 74.643 Interference to geostationary-satellites.
Applicants and licensees must comply with Sec. 101.145 of this
chapter to minimize the potential of interference to geostationary-
satellites.
48. Section 74.644 is amended by revising the table in paragraph
(a) and paragraph (b) to read as follows:
Sec. 74.644 Minimum path lengths for fixed links.
(a) * * *
------------------------------------------------------------------------
Minimum
path
Frequency band (MHz) length
(km)
------------------------------------------------------------------------
Below 1,990.................................................. n/a
1,990-7,125.................................................. 17
12,200-13,250................................................ 5
Above 17,700................................................. n/a
------------------------------------------------------------------------
(b) For paths shorter than those specified in the Table, the EIRP
shall not exceed the value derived from the following equation.
EIRP = MAXEIRP-40 log(A/B) dBW
Where:
EIRP = The new maximum EIRP (equivalent isotropically radiated power)
in dBW.
MAXEIRP = Maximum EIRP as set forth in the Table in Sec. 74.636 of
this part.
A = Minimum path length from the Table above for the frequency band in
kilometers.
B = The actual path length in kilometers.
Note 1 to Paragraph (b): For transmitters using Automatic
Transmitter Power Control, EIRP corresponds to the maximum
transmitter power available, not the coordinated transmit power or
the nominal transmit power.
Note 2 to Paragraph (b): Stations licensed based on an
application filed before April 16, 2003, in the 2450-2483.5 MHz
band, for EIRP values exceeding those specified above, may continue
to operate indefinitely in accordance with the terms of their
current authorizations, subject to periodic renewal.
* * * * *
49. Section 74.651 is amended by revising paragraphs (a) and (b),
removing paragraphs (c) and (d), and redesignating paragraph (e) as
paragraph (c) to read as follows:
Sec. 74.651 Equipment changes.
(a) Modifications may be made to an existing authorization in
accordance with Sec. Sec. 1.929 and 1.947 of this chapter.
(b) Multiplexing equipment may be installed on any licensed TV
broadcast STL, TV relay or translator relay station without authority
from the Commission.
* * * * *
[[Page 12772]]
Sec. 74.655 [Amended]
50. Section 74.655 is amended by removing the last sentence of
paragraph (a).
51. Section 74.661 is amended by revising the table to read as
follows:
Sec. 74.661 Frequency tolerance.
* * * * *
------------------------------------------------------------------------
Frequency
Frequency band (MHz) tolerance
(%)
------------------------------------------------------------------------
2,025 to 2,110............................................. \1\ 0.005
2,450 to 2,483.5........................................... \2\ 0.001
6,425 to 6,525............................................. 0.005
6,875 to 7,125............................................. \1\ 0.005
12,700 to 13,250........................................... \1\ 0.005
17,700 to 18,820........................................... 0.003
18,920 to 19,700........................................... 0.003
------------------------------------------------------------------------
\1\ Television translator relay stations shall maintain a frequency
tolerance of 0.002%.
\2\ Stations licensed pursuant to an application filed before March 17,
2005, for tolerance values exceeding those specified above, may
continue to operate indefinitely in accordance with the terms of their
current authorizations, subject to periodic renewal. Existing
equipment and equipment of product lines in production before April
16, 2003, authorized via certification or verification before March
17, 2005, for tolerance values exceeding those specified above, may
continue to be manufactured and/or marketed, but may not be authorized
for use under station license except at stations licensed pursuant to
an application filed before March 17, 2005. Any non-conforming
equipment authorized under a station license, and replaced on or after
March 17, 2005, must be replaced by conforming equipment.
52. Section 74.801 is amended by adding a definition for Wireless
assist video device in alphabetical order to read as follows:
Sec. 74.801 Definitions.
* * * * *
Wireless assist video device. An auxiliary station authorized and
operated by motion picture and television program producers pursuant to
the provisions of this subpart. These stations are intended to transmit
over distances of approximately 300 meters for use as an aid in
composing camera shots on motion picture and television sets.
53. Section 74.802 is amended by revising paragraph (b)(3) to read
as follows:
Sec. 74.802 Frequency assignment.
* * * * *
(b) * * *
(3) 470.000-608.000 MHz and 614.000-806.000 MHz.
All zones 113 km (70 miles)
* * * * *
54. Section 74.832 is amended by revising paragraphs (e), (g), and
(i) to read as follows:
Sec. 74.832 Licensing requirements and procedures.
* * * * *
(e) An application for low power auxiliary stations or for a change
in an existing authorization shall specify the broadcast station, or
the network with which the low power broadcast auxiliary facilities are
to be principally used as given in paragraph (h) of this section; or it
shall specify the motion picture or television production company or
the cable television operator with which the low power broadcast
auxiliary facilities are to be solely used. A single application, filed
on FCC Form 601 may be used in applying for the authority to operate
one or more low power auxiliary units. The application must specify the
frequency bands which will be used. Motion picture producers,
television program producers, and cable television operators are
required to attach a single sheet to their application form explaining
in detail the manner in which the eligibility requirements given in
paragraph (a) of this section are met.
* * * * *
(g) Low power auxiliary licensees shall specify the maximum number
of units that will be operated.
* * * * *
(i) In case of permanent discontinuance of operations of a station
licensed under this subpart, the licensee shall cancel the station
license using FCC Form 601. For purposes of this section, a station
which is not operated for a period of one year is considered to have
been permanently discontinued.
* * * * *
55. Section 74.833 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 74.833 Temporary authorizations.
* * * * *
(b) A request for special temporary authority for the operation of
a remote pickup broadcast station must be made in accordance with the
procedures of Sec. 1.931(b) of this chapter.
(c) All requests for special temporary authority of a low power
auxiliary station must include full particulars including: licensees
name and address, statement of eligibility, facility identification
number of the associated broadcast station (if any), type and
manufacturer of equipment, power output, emission, frequency or
frequencies proposed to be used, commencement and termination date,
location of proposed operation, and purpose for which request is made
including any particular justification.
* * * * *
56. Section 74.870 is added to read as follows:
Sec. 74.870 Wireless video assist devices.
Television broadcast auxiliary licensees and motion picture and
television producers, as defined in Sec. 74.801 may operate wireless
video assist devices on a non-interference basis on VHF and UHF
television channels to assist with production activities.
(a) The use of wireless video assist devices must comply with all
provisions of this subpart, except as indicated in paragraphs (b)
through (i) of this section.
(b) Wireless video assist devices may only be used for scheduled
productions. They may not be used to produce live events and may not be
used for electronic news gathering purposes.
(c) Wireless video assist devices may operate with a bandwidth not
to exceed 6 MHz on frequencies in the bands 180-210 MHz (TV channels 8-
12) and 470-698 MHz (TV channels 14-51) subject to the following
restrictions:
(1) The bandwidth may only occupy a single TV channel.
(2) Operation is prohibited within the 608-614 MHz (TV channel 37)
band.
(3) Operation is prohibited within 129 km of a television
broadcasting station, including Class A television stations, low power
television stations and translator stations.
(4) For the area and frequency combinations listed in the table
below, operation is prohibited within the distances indicated from the
listed geographic coordinates.
Note to the following table: All coordinates are referenced to
the North American Datum of 1983.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Excluded Excluded channels
Area North latitude West longitude frequencies --------------------------------
(MHz) 200 km 128 km 52 km
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boston, MA............................ 42[deg]21'24.4'' 71[deg]03'23.2'' 470-476 14 ........ ...........
................................ ................................ 476-482 ........ 15 ...........
................................ ................................ 482-488 16 ........ ...........
[[Page 12773]]
................................ ................................ 488-494 ........ 17 ...........
Chicago, IL........................... 41[deg]52'28.1'' 87[deg]38' 22.2'' 470-476 14 ........ ...........
................................ ................................ 476-482 15 ........ ...........
................................ ................................ 482-488 ........ 16 ...........
Cleveland, OH\1\...................... 41[deg]29'51.2'' 81[deg]41'49.5'' 470-476 14 ........ ...........
................................ ................................ 476-482 ........ 15 ...........
................................ ................................ 482-488 16 ........ ...........
................................ ................................ 488-494 ........ 17 ...........
Dallas/Fort Worth, TX................. 32[deg]47'09.5'' 96[deg]47'38.0'' 476-482 ........ 15 ...........
................................ ................................ 482-488 16 ........ ...........
................................ ................................ 488-494 ........ 17 ...........
Detroit, MI \1\....................... 42[deg]19'48.1'' 83[deg]02'56.7'' 470-476 ........ 14 ...........
................................ ................................ 476-482 15 ........ ...........
................................ ................................ 482-488 ........ 16 ...........
................................ ................................ 488-494 17 ........ ...........
Gulf of Mexico........................ ................................ ................................ 476-494 ........ ........ 15, 16, 17
Hawaii................................ ................................ ................................ 488-494 ........ ........ 17
Houston, TX........................... 29[deg]45'26.8'' 95[deg]21'37.8'' 482-488 ........ 16 ...........
................................ ................................ 488-494 17 ........ ...........
................................ ................................ 494-500 ........ 18 ...........
Los Angeles, CA....................... 34[deg]03'15.0'' 118[deg]14'31.3'' 470-476 14 ........ ...........
................................ ................................ 476-482 ........ 15 ...........
................................ ................................ 482-488 16 ........ ...........
................................ ................................ 488-494 ........ 17 ...........
................................ ................................ 500-506 ........ 19 ...........
................................ ................................ 506-512 20 ........ ...........
................................ ................................ 512-518 ........ 21 ...........
Miami, Fl............................. 25[deg]46'38.4'' 80[deg]11'31.2'' 470-476 14 ........
................................ ................................ 476-482 ........ 15 ...........
New York/N.E. New Jersey.............. 40[deg]45'06.4'' 73[deg]59'37.5'' 470-476 14 ........ ...........
................................ ................................ 476-482 15 ........ ...........
................................ ................................ 482-488 16 ........ ...........
................................ ................................ 488-494 ........ 17 ...........
Philadelphia, PA...................... 39[deg]56'58.4'' 75[deg]09'19.6'' 494-500 ........ 18 ...........
................................ ................................ 500-506 19 ........ ...........
................................ ................................ 506-512 20 ........ ...........
................................ ................................ 512-518 ........ 21 ...........
Pittsburgh, PA........................ 40[deg]26'19.2'' 79[deg]59'59.2'' 470-476 14 ........ ...........
................................ ................................ 476-482 ........ 15 ...........
................................ ................................ 488-494 ........ 17 ...........
................................ ................................ 494-500 18 ........ ...........
................................ ................................ 500-506 ........ 19 ...........
San Francisco/Oakland, CA............. 37[deg]46'38.7'' 122[deg]24'43.9'' 476-482 ........ 15 ...........
................................ ................................ 482-488 16 ........ ...........
................................ ................................ 488-494 17 ........ ...........
................................ ................................ 494-500 ........ 18 ...........
Washington D.C./MD/VA................. 38[deg]53'51.4'' 77[deg]00'31.9'' 482-488 ........ 16 ...........
................................ ................................ 488-494 17 ........ ...........
................................ ................................ 494-500 18 ........ ...........
................................ ................................ 500-506 ........ 19 ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The distance separation requirements are not applicable in these cities until further order from the Commission.
(d) Wireless video assist devices are limited to a maximum of 250
milliwatts ERP and must limit power to that necessary to reliably
receive a signal at a distance of 300 meters. Wireless video assist
devices must comply with the emission limitations of Sec. 74.637.
(e) The antenna of a wireless video assist device must be attached
to the transmitter either permanently, or by means of a unique
connector designed to allow replacement of authorized antennas but
prevent the use of unauthorized antennas. When transmitting, the
antenna must not be more that 10 meters above ground level.
(f)(1) A license for a wireless video assist device will authorize
the license holder to use all frequencies available for wireless video
assist devices, subject to the limitations specified in this section.
(2) Licensees may operate as many wireless video assist devices as
necessary, subject to the notification procedures of this section.
(g) Notification procedure. Prior to the commencement of
transmitting, licensees must notify the local broadcasting coordinator
of their intent to transmit. If there is no local coordinator in the
intended area of operation, licensees must notify all adjacent channel
TV stations within 161 km (100 mi) of the proposed operating area.
(1) Notification must be made at least 10 working days prior to the
date of intended transmission.
(2) Notifications must include:
(i) Frequency or frequencies.
(ii) Location.
(iii) Antenna height.
(iv) Emission type(s).
(v) Effective radiated power.
(vi) Intended dates of operation.
(vii) Licensee contact information.
(3)(i) Failure of a local coordinator to respond to a notification
request prior to
[[Page 12774]]
the intended dates of operation indicated on the request will be
considered as having the approval of the coordinator. In this case,
licensees must in addition notify all co-channel and adjacent channel
TV stations within 161 km (100 mi) of the proposed operating area. This
notification is for information purposes only and will not enable TV
stations to prevent a WAVD from operating, but is intended to help
identify the source of interference if any is experienced after a WAVD
begins operation.
(ii) If there is no local coordinator in the intended area of
operation, failure of any adjacent channel TV station to respond to a
notification request prior to the intended dates of operation indicated
on the request will be considered as having the approval of the TV
station.
(4) Licensees must operate in a manner consistent with the response
of the local coordinator, or, if there is no local coordinator in the
intended area of operation, the responses of the adjacent channel TV
stations. Disagreements may be appealed to the Commission. However, in
those instances, the licensee will bear the burden of proof and
proceeding to overturn the recommendation of the local coordinator or
the co-channel or adjacent channel TV station.
(h) Licenses for wireless video assist devices may not be
transferred or assigned.
(i) The product literature that manufacturers include with a
wireless assist video device must contain information regarding the
requirement for users to obtain an FCC license, the requirement that
stations must locate at least 129 kilometers away from a co-channel TV
station, the limited class of users that may operate these devices, the
authorized uses, the need for users to obtain a license, and the
requirement that a local coordinator (or adjacent channel TV stations,
if there is no local coordinator) must be notified prior to operation.
57. Section 74.882 is revised to read as follows:
Sec. 74.882 Station identification.
(a) For transmitters used for voice transmissions and having a
transmitter output power exceeding 50 mW, an announcement shall be made
at the beginning and end of each period of operation at a single
location, over the transmitting unit being operated, identifying the
transmitting unit's call sign or designator, its location, and the call
sign of the broadcasting station or name of the licensee with which it
is being used. A period of operation may consist of a continuous
transmission or intermittent transmissions pertaining to a single
event.
(b) Each wireless video assist device, when transmitting, must
transmit station identification at the beginning and end of each period
of operation. Identification may be made by transmitting the station
call sign by visual or aural means or by automatic transmission in
international Morse telegraphy.
(1) A period of operation is defined as a single uninterrupted
transmission or a series of intermittent transmissions from a single
location.
(2) Station identification shall be performed in a manner conducive
to prompt association of the signal source with the responsible
licensee. In exercising the discretion provide by this rule, licensees
are expected too act in a responsible manner to assure that result.
PART 78--CABLE TELEVISION RELAY SERVICE
58. The authority citation for part 78 continues to read as
follows:
Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C.
152, 153, 154, 301, 303, 307, 308, 309.
59. Section 78.18 is amended by revising paragraph (l) to read as
follows:
Sec. 78.18 Frequency assignments.
* * * * *
(l) The band 13.15-13.20 GHz is reserved for the assignment of CARS
Pickup and Television Pickup stations on a primary co-equal basis
within 50 kilometers of the television markets defined in Sec. 76.53
of this chapter. The band 13.20-13.2125 GHz is reserved exclusively for
the assignment of Television Pickup stations on a primary basis. Fixed
stations licensed prior to April 16, 2003, may continue operation under
their current status on channels in the 13.15-13.2125 GHz band, subject
to periodic license renewals.
* * * * *
60. Section 78.36 is revised to read as follows:
Sec. 78.36 Frequency coordination.
(a) Coordination of all frequency assignments for fixed stations in
all bands above 2110 MHz, and for mobile (temporary fixed) stations in
the bands 6425-6525 MHz and 17.7-19.7 GHz, will be in accordance with
the procedure established in paragraph (b) of this section, except that
the prior coordination process for mobile (temporary fixed) assignments
may be completed orally and the period allowed for response to a
coordination notification may be less than 30 days if the parties
agree. Coordination of all frequency assignments for all mobile
(temporary fixed) stations in all bands above 2110 MHz, except the
bands 6425-6525 MHz and 17.7-19.7 GHz, will be conducted in accordance
with the procedure established in paragraph (b) of this section or with
the procedure in paragraph (d) of this section. Coordination of all
frequency assignments for all fixed stations in the band 1990-2110 MHz
will be in accordance with the procedure established in paragraph (c)
of this section. Coordination of all frequency assignments for all
mobile (temporary fixed) stations in the band 1990-2110 MHz will be
conducted in accordance with the procedure in paragraph (d) of this
section.
(b) Frequency coordination for all fixed stations in all bands
above 2110 MHz, and for all mobile (temporary fixed) stations in the
bands 6425-6525 MHz and 17.7-19.7 GHz. For each frequency authorized
under this part, the interference protection criteria in Sec.
101.105(a), (b), and (c) of this chapter and the following frequency
usage coordination procedures will apply:
(1) General requirements. Proposed frequency usage must be prior
coordinated with existing licensees, permittees, and applicants in the
area, and other applicants with previously filed applications, whose
facilities could affect or be affected by the new proposal in terms of
frequency interference on active channels, applied-for channels, or
channels coordinated for future growth. Coordination must be completed
prior to filing an application for regular authorization, or a major
amendment to a pending application, or any major modification to a
license. In coordinating frequency usage with stations in the fixed
satellite service, applicants for stations in the bands 6425-6525 MHz
and 17.7-19.7 GHz must also comply with the requirements of Sec.
101.21(f). In engineering a system or modification thereto, the
applicant must, by appropriate studies and analyses, select sites,
transmitters, antennas and frequencies that will avoid interference in
excess of permissible levels to other users. All applicants and
licensees must cooperate fully and make reasonable efforts to resolve
technical problems and conflicts that may inhibit the most effective
and efficient use of the radio spectrum; however, the party being
coordinated with is not obligated to suggest changes or re-engineer a
proposal in cases involving conflicts. Applicants should make every
reasonable effort to avoid blocking the
[[Page 12775]]
growth of systems as prior coordinated. The applicant must identify in
the application all entities with which the technical proposal was
coordinated. In the event that technical problems are not resolved, an
explanation must be submitted with the application. Where technical
problems are resolved by an agreement or operating arrangement between
the parties that would require special procedures be taken to reduce
the likelihood of interference in excess of permissible levels (such as
the use of artificial site shielding) or would result in a reduction of
quality or capacity of either system, the details thereof may be
contained in the application.
(2) Coordination procedure guidelines are as follows:
(i) Coordination involves two separate elements: Notification and
response. Both or either may be oral or in written form. To be
acceptable for filing, all applications and major technical amendments
must certify that coordination, including response, has been completed.
The names of the licensees, permittees and applicants with which
coordination was accomplished must be specified. If such notice and/or
response is oral, the party providing such notice or response must
supply written documentation of the communication upon request;
(ii) Notification must include relevant technical details of the
proposal. At minimum, this should include, as applicable, the
following:
(A) Applicant's name and address,
(B) Transmitting station name,
(C) Transmitting station coordinates,
(D) Frequencies and polarizations to be added, changed or deleted,
(E) Transmitting equipment type, its stability, actual output
power, emission designator, and type of modulation (loading),
(F) Transmitting antenna type(s), model, gain and, if required, a
radiation pattern provided or certified by the manufacturer,
(G) Transmitting antenna center line height(s) above ground level
and ground elevation above mean sea level,
(H) Receiving station name,
(I) Receiving station coordinates,
(J) Receiving antenna type(s), model, gain, and, if required, a
radiation pattern provided or certified by the manufacturer,
(K) Receiving antenna center line height(s) above ground level and
ground elevation above mean sea level,
(L) Path azimuth and distance,
(M) Estimated transmitter transmission line loss expressed in dB,
(N) Estimated receiver transmission line loss expressed in dB,
(O) For a system utilizing ATPC, maximum transmit power,
coordinated transmit power, and nominal transmit power.
Note to Paragraph (b)(2)(ii): The position location of antenna
sites shall be determined to an accuracy of no less than +/-1 second
in the horizontal dimensions (latitude and longitude) and +/-1 meter
in the vertical dimension (ground elevation) with respect to the
National Spacial Reference System.
(iii) For transmitters employing digital modulation techniques, the
notification should clearly identify the type of modulation. Upon
request, additional details of the operating characteristics of the
equipment must also be furnished;
(iv) Response to notification should be made as quickly as
possible, even if no technical problems are anticipated. Any response
to notification indicating potential interference must specify the
technical details and must be provided to the applicant, in writing,
within the 30-day notification period. Every reasonable effort should
be made by all applicants, permittees and licensees to eliminate all
problems and conflicts. If no response to notification is received
within 30 days, the applicant will be deemed to have made reasonable
efforts to coordinate and may file its application without a response;
(v) The 30-day notification period is calculated from the date of
receipt by the applicant, permittee, or licensee being notified. If
notification is by mail, this date may be ascertained by:
(A) The return receipt on certified mail;
(B) The enclosure of a card to be dated and returned by the
recipient; or
(C) A conservative estimate of the time required for the mail to
reach its destination. In the last case, the estimated date when the
30-day period would expire should be stated in the notification.
(vi) An expedited prior coordination period (less than 30 days) may
be requested when deemed necessary by a notifying party. The
coordination notice should be identified as ``expedited'' and the
requested response date should be clearly indicated. However,
circumstances preventing a timely response from the receiving party
should be accommodated accordingly. It is the responsibility of the
notifying party to receive written concurrence (or verbal, with written
to follow) from affected parties or their coordination representatives.
(vii) All technical problems that come to light during coordination
must be resolved unless a statement is included with the application to
the effect that the applicant is unable or unwilling to resolve the
conflict and briefly the reason therefore;
(viii) Where a number of technical changes become necessary for a
system during the course of coordination, an attempt should be made to
minimize the number of separate notifications for these changes. Where
the changes are incorporated into a completely revised notice, the
items that were changed from the previous notice should be identified.
When changes are not numerous or complex, the party receiving the
changed notification should make an effort to respond in less than 30
days. When the notifying party believes a shorter response time is
reasonable and appropriate, it may be helpful for that party to so
indicate in the notice and perhaps suggest a response date;
(ix) If, after coordination is successfully completed, it is
determined that a subsequent change could have no impact on some
parties receiving the original notification, these parties must be
notified of the change and of the coordinator's opinion that no
response is required;
(x) Applicants, permittees and licensees should supply to all other
applicants, permittees and licensees within their areas of operations,
the name, address and telephone number of their coordination
representatives. Upon request from coordinating applicants, permittees
and licensees, data and information concerning existing or proposed
facilities and future growth plans in the area of interest should be
furnished unless such request is unreasonable or would impose a
significant burden in compilation;
(xi) Parties should keep other parties with whom they are
coordinating advised of changes in plans for facilities previously
coordinated. If applications have not been filed 6 months after
coordination was initiated, parties may assume that such frequency use
is no longer desired unless a second notification has been received
within 10 days of the end of the 6 month period. Renewal notifications
are to be sent to all originally notified parties, even if coordination
has not been successfully completed with those parties; and
(xii) Any frequency reserved by a licensee for future use in the
bands subject to this part must be released for use by another
licensee, permittee, or applicant upon a showing by the latter that it
requires an additional frequency and cannot coordinate one that is not
reserved for future use.
(c) Frequency coordination for all fixed stations in the band 1990-
2110 MHz. For each frequency authorized under this part, the following
frequency usage coordination procedures will apply:
[[Page 12776]]
(1) General requirements. Applicants are responsible for selecting
the frequency assignments that are least likely to result in mutual
interference with other licensees in the same area. Applicants may
consult local frequency coordination committees, where they exist, for
information on frequencies available in the area. Proposed frequency
usage must be coordinated with existing licensees and applicants in the
area whose facilities could affect or be affected by the new proposal
in terms of frequency interference on active channels, applied-for
channels, or channels coordinated for future growth. Coordination must
be completed prior to filing an application for regular authorization,
for major amendment to a pending application, or for major modification
to a license.
(2) To be acceptable for filing, all applications for regular
authorization, or major amendment to a pending application, or major
modification to a license, must include a certification attesting that
all co-channel and adjacent-channel licensees and applicants
potentially affected by the proposed fixed use of the frequency(ies)
have been notified and are in agreement that the proposed facilities
can be installed without causing harmful interference to those other
licensees and applicants.
(d) Frequency coordination for all mobile (temporary fixed)
stations in all bands above 1990 MHz, except the bands 6425-6525 MHz
and 17.7-19.7 GHz. For each frequency authorized under this part,
applicants are responsible for selecting the frequency assignments that
are least likely to result in mutual interference with other licensees
in the same area. Applicants may consult local frequency coordination
committees, where they exist, for information on frequencies available
in the area. In selecting frequencies, consideration should be given to
the relative location of receive points, normal transmission paths, and
the nature of the contemplated operation.
61. Section 78.101 is amended by revising the table in paragraph
(a) and adding paragraph (c) to read as follows:
Sec. 78.101 Power limitations.
(a) * * *
----------------------------------------------------------------------------------------------------------------
Maximum Maximum allowable EIRP
allowable \1\\,\\2\
Frequency band (MHz) transmitter -------------------------------
power--mobile
(W) Fixed (dBW) Mobile (dBW)
----------------------------------------------------------------------------------------------------------------
2,025 to 2,110.................................................. 20.0 .............. +35
6,425 to 6,525.................................................. 20.0 .............. +35
6,875 to 7,125.................................................. 20.0 .............. +35
12,700 to 13,250................................................ 1.5 +55 +45
17,700 to 18,600................................................ .............. +55 ..............
18,600 to 18,800\1\............................................. .............. +35 ..............
18,800 to 19,700................................................ .............. +55 ..............
----------------------------------------------------------------------------------------------------------------
\1\ The power delivered to the antenna is limited to -3 dBW.
\2\ Stations licensed based on an application filed before April 16, 2003, for EIRP values exceeding those
specified above, may continue to operate indefinitely in accordance with the terms of their current
authorizations, subject to periodic renewal.
* * * * *
(c) The EIRP of transmitters that use Automatic Transmitter Power
Control (ATPC) shall not exceed the EIRP specified on the station
authorization. The EIRP of non-ATPC transmitters shall be maintained as
near as practicable to the EIRP specified on the station authorization.
Sec. 78.103 [Amended]
62. Section 78.103 is amended by removing the entry for 31,000 to
31,300 from the table in paragraph (e).
63. Section 78.105 is amended by revising the introductory text for
paragraph (a), removing the entries for 31,000 to 31,300 and 38,600 to
40,000 and footnotes 2 and 3 from the table in paragraph (a)(1)
removing paragraph (a)(4) and by redesignating paragraph (a)(5) as
paragraph (a)(4) to read as follows:
Sec. 78.105 Antenna systems.
(a) For fixed stations operating in the 12.7-13.2 GHz and 17.7-19.7
GHz bands, the following standards apply:
* * * * *
64. Section 78.106 is revised to read as follows:
Sec. 78.106 Interference to geostationary-satellites.
Applicants and licensees must comply with Sec. 101.145 of this
chapter to minimize the potential of interference to geostationary-
satellites.
65. Section 78.108 is amended by revising paragraph (b) to read as
follows:
Sec. 78.108 Minimum path lengths for fixed links.
* * * * *
(b) For paths shorter than those specified in the Table, the EIRP
shall not exceed the value derived from the following equation.
EIRP = MAXEIRP - 40 log(A/B) dBW
Where:
EIRP = The new maximum EIRP (equivalent isotropically radiated power)
in dBW.
MAXEIRP = Maximum EIRP as set forth in the Table in Sec. 74.636 of
this part.
A = Minimum path length from the Table above for the frequency band in
kilometers.
B = The actual path length in kilometers.
Note to Paragraph (b): For transmitters using Automatic
Transmitter Power Control, EIRP corresponds to the maximum
transmitter power available, not the coordinated transmit power or
the nominal transmit power.
* * * * *
Sec. 78.111 [Amended]
66. Section 78.111 is amended by removing the entry for 31,000 to
31,300 from the table.
PART 101--FIXED MICROWAVE SERVICES
67. The authority citation for part 101 continues to read as
follows:
Authority: 47 U.S.C. 154, 303.
68. Section 101.113 is amended by revising the column headings and
the entry for the 12,700-13,250 and adding 13,200-13,250 MHz frequency
band in the table in paragraph (a) to read as follows:
Sec. 101.113 Transmitter power limitations.
(a) * * *
[[Page 12777]]
------------------------------------------------------------------------
Maximum allowable
EIRP \1\\,\\2\
-------------------
Frequency band (MHz) Fixed
\1\ ,\2\ Mobile
(dBW) (dBW)
------------------------------------------------------------------------
* * * * *
12,700-13,200 \4\................................... +50 ........
13,200-13,250 \4\................................... +55 ........
* * * * *
------------------------------------------------------------------------
\1\ Per polarization.
\2\ For multiples address operations, see Sec. 101.147. Remote alarm
units that are part of a multiple address central station protection
system are authorized a maximum of 2 watts.
* * * * *
69. Section 101.145 is amended by revising the introductory text,
and the first sentence of paragraphs (b) and (c) to read as follows:
Sec. 101.145 Interference to geostationary-satellites.
These limitations are necessary to minimize the probability of
harmful interference to reception in the bands 2655-2690 MHz, 5925-7075
MHz, and 12.7-13.25 GHz on board geostationary-space stations in the
fixed-satellite service.
* * * * *
(b) 2655 to 2690 MHz and 5925 to 7075 MHz. * * *
(c) 12.7 to 13.25 GHz. * * *
* * * * *
70. Section 101.803 is amended by revising the first sentence of
paragraph (b) to read as follows:
Sec. 101.803 Frequencies.
* * * * *
(b) Communications common carriers in the Local Television
Transmission Service may be assigned frequencies listed in Sec. Sec.
74.602(a), 78.18(a)(6), and 78.18(a)(7) of this chapter to provide
service to television broadcast stations, television broadcast network-
entities, cable system operators, and cable network-entities. * * *
* * * * *
71. Section 101.807 is revised to read as follows:
Sec. 101.807 Transmitter power.
Stations in this service will not be authorized to use transmitters
having a rated power output in excess of the limits set forth in Sec.
101.113(b) and a standby transmitter having a rated power output in
excess of that of the main transmitter with which it is associated will
not be authorized. As an exception, operations on frequencies listed in
Sec. Sec. 74.602(a), 78.18(a)(6), and 78.18(a)(7) of this chapter are
subject to the power limitations of Sec. Sec. 74.636 and 78.101(a).
[FR Doc. 03-4176 Filed 3-14-03; 8:45 am]
BILLING CODE 6712-01-P