[Federal Register: April 6, 2004 (Volume 69, Number 66)]
[Rules and Regulations]
[Page 17946-17959]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap04-28]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 27, 74, 90 and 101
[WT Docket No. 01-319; FCC 04-23]
Practice and Procedure, Miscellaneous Wireless Communications
Services, Experimental Radio, Auxiliary, Special Broadcast and Other
Program Distributional Services, Private Land Mobile Radio Services,
Fixed Microwave Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission amends its rules to provide
for immediate processing of applications that may implicate Quiet
Zones, in the event that the applicant indicates that it has obtained
consent of the Quiet Zone entity. The document also clarifies that
applicants may provide notification to and begin coordination with
Quiet Zone entities, where required, in advance of filing an
application with the Commission. Further, the Commission permits part
101 applicants to initiate conditional operation, provided they have
obtained prior consent of the Quiet Zone entity to the extent required,
and are otherwise eligible to initiate conditional operations over the
proposed facility. Further, the Commission clarifies that either the
applicant or the applicant's frequency coordinator may notify and
initiate any required coordination proceedings with the Quiet Zone
entity.
DATES: Effective June 7, 2004, except for 47 CFR 1.924(a)(2) and
1.924(d)(2) which contain information collection modifications that
have not been approved by the Office of Management Budget (OMB). The
Commission will publish a document in the Federal Register announcing
the effective date of that section.
FOR FURTHER INFORMATION CONTACT: Roger Noel or Linda Chang, Wireless
Telecommunications Bureau, at (202) 418-0620.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
[[Page 17947]]
Communications Commission's Report and Order, FCC 04-23, adopted
February 4, 2004, and released February 12, 2004. The full text of the
Report and Order is available for public inspection during regular
business hours at the FCC Reference Information Center, 445 12th St.,
SW., Room CY-A257, Washington, DC 20554. The complete text may be
purchased from the Commission's duplicating contractor: Qualex
International, 445 12th Street, SW, Room CY-B402, Washington, DC,
20554, telephone 202-863-2893, facsimile 202-863-2898, or via e-mail at
qualexint@aol.com.
Synopsis of Report and Order
I. Background
1. Section 1.924 of the Commission's rules sets forth procedures
regarding coordination of Wireless Telecommunications Services
applications and operations within areas known as ``Quiet Zones.'' Such
zones are areas where ``it is necessary to restrict radiation so as to
minimize possible impact on the operations of radio astronomy or other
facilities that are highly sensitive to interference.'' See 47 CFR
1.924(a). The facilities covered by Sec. 1.924 are: (i) The National
Radio Astronomy Observatory (NRAO) site in Green Bank, Pocahontas
County, West Virginia, and the Naval Radio Research Observatory (NRRO)
site in Sugar Grove, Pendleton County, West Virginia; (ii) the Table
Mountain Radio Receiving Zone of the Research Laboratories of the
Department of Commerce (Table Mountain) in Boulder County, Colorado;
(iii) FCC field offices used for monitoring activities; and (iv) the
Arecibo Observatory (Arecibo) in Puerto Rico. Commenters have noted
that the emissions that radio astronomy facilities are designed to
receive are extremely weak; a typical radio telescope receives
approximately one-trillionth of a watt from even the strongest cosmic
source and can receive sources one million times weaker still. Because
radio astronomy receivers are designed to pick up such weak signals,
these facilities are extremely vulnerable to interference from spurious
and out-of-band emissions.
2. In order to protect Quiet Zones from harmful interference, Sec.
1.924 sets forth a variety of required or recommended procedures for
notifications to and/or coordination of proposed frequency use with an
affected site. The facilities affected can be separated into two
categories: areas in which applicants are required to provide
notification of any proposed operations prior to authorization, and
areas for which the Commission recommends advanced consultation. For
facilities requiring notification, specifically NRAO, NRRO and Arecibo,
Sec. 1.924 provides that notification must occur concurrently with the
filing of the application, and that the affected facility must be given
an opportunity to comment on the application. See 47 CFR 1.924(a)(2),
(d)(2). For example, Sec. 1.924(a) provides that an entity filing an
application to operate a new or modified station in the NRAO or NRRO
Quiet Zone areas must simultaneously provide notification to the
applicable entity along with technical details of its proposed
operation. The filing of the application triggers a 20-day comment
period during which the applicable Quiet Zone is given an opportunity
to file comments or objections in response to the notifications. For
other facilities, such as Table Mountain and FCC Field Monitoring
Facilities, the Commission's rules do not require that notification and
opportunity to object be afforded to the affected facility prior to
grant of the application. See 47 CFR 1.924 (b), (c). Rather than
require notification and a 20-day comment period for the latter areas,
the Commission urges that advance consultation be made with the
applicable entity in order to avoid interference.
3. In the 2000 Biennial Regulatory Review Updated Staff Report
(2000 Biennial Review Report), the Commission determined that it should
initiate a rulemaking to review the application procedures for Quiet
Zone areas and determine whether the Commission could make these
procedures more efficient. In November 2001, the Commission issued a
Notice of Proposed Rulemaking, 16 FR 20690, December 21, 2001 (NPRM)
seeking to identify and address ways of streamlining the processing of
such applications, while simultaneously ensuring the continued
protection of these sensitive areas. Review of Quiet Zones Application
Procedures, Notice of Proposed Rulemaking.
II. Discussion
A. Streamlining Quiet Zone Application Processing
4. Background. In the NPRM, the Commission inquired whether, in
situations in which Quiet Zone issues are implicated, it is appropriate
to expedite application processing if the application provides written
consent, where required, from the applicable Quiet Zone entity. As
noted, Sec. Sec. 1.924(a) and 1.924(d) set out a 20-day period during
which the NRAO, NRRO or Arecibo may lodge a comment or objection in
response to a notification regarding proposed operation. The Commission
suggested that in such situations, if a wireless operator obtains
written consent as necessary from the applicable entity following
consultation, the Commission could process the application without
awaiting the end of the 20-day period.
5. Discussion. The Commission concludes that, in situations where
notification is required, it is appropriate to amend its rules to
provide for the immediate processing of applications where the
applicant has obtained the prior written consent of the relevant Quiet
Zone entity. Waiting for the expiration of the 20-day waiting period in
cases in which the applicant has consulted with, and obtained approval
from, the Quiet Zone entity, unduly delays the processing of
applications. The underlying basis of the waiting period was to provide
affected Quiet Zone entities an interval within which to lodge comments
or objections regarding interference concerns with the Commission.
Delaying the processing of applications until the expiration of the
waiting period serves no purpose in situations in which the Quiet Zone
entity has indicated that it has no objections to the technical details
of the proposed operation. Where prior written consent is not obtained,
Quiet Zone entities retain the full 20-day period to file comments or
objections regarding a proposed operation. Further, in order to avoid
any confusion as to the scope of a Quiet Zone entity's consent, the
written consent from the Quiet Zone entity must include the same
technical parameters specified in the application.
B. Coordination in Advance of Application Filing
6. Background. In the NPRM, the Commission requested comment on
whether to allow parties to provide notification to and begin
coordination with affected entities, where required, in advance of
filing an application with the Commission. As noted, Sec. Sec.
1.924(a)(2) and 1.924(d)(2) require an applicant to notify NRAO, NRRO
or the Arecibo Observatory at the same time it makes a filing with the
Commission. In the NPRM, the Commission tentatively concluded that
advance coordination with these Quiet Zone entities would help to
expedite application processing and the initiation of operations, while
also ensuring that Quiet Zones are protected.
7. Discussion. The Commission concludes that applicants and Quiet
Zone entities alike will benefit from advance notification and
coordination. The Commission finds that prior
[[Page 17948]]
notification and coordination between applicants and Quiet Zone
entities should be encouraged because such coordination would allow
parties to directly address any interference concerns prior to filing,
thereby avoiding the possibility that a Quiet Zone entity will object
after an application has been filed. This in turn would facilitate the
expeditious processing of applications by the Commission. The
commenters strongly support the idea of prior coordination, noting that
advance notification and coordination has already been occurring on an
informal basis, and emphasizing that, based on previous experience, the
earlier that coordination occurs between carriers and Quiet Zone
entities, the better the result for all parties. Accordingly,
Sec. Sec. 1.924(a)(2) and 1.924(d)(2) are modified to provide that
notice may be provided to the affected Quiet Zone entity prior to, or
simultaneously with, a Commission filing.
8. The Commission also sought comment on the appropriate length of
time that should be prescribed for such notification and coordination.
The Commission concludes that the timing of advance coordination should
be left to the parties. To the extent that prior coordination has been
occurring informally between applicants and Quiet Zone entities, it
appears that applicants have successfully coordinated with Quiet Zone
entities and subsequently filed applications without formal direction
from or involvement of the Commission. Given this success, the
Commission concludes that it is unnecessary to prescribe a specific
timeline for advance notification and coordination. Applicants must
continue to serve notice to the relevant Quiet Zone entity that the
application has actually been filed and that such notification include
technical details of the proposed operation as set out in Sec. Sec.
1.924(a)(1) and 1.924(d). Continuing to require applicants to provide
notice when an application is filed is reasonable to ensure consistency
between technical specifications agreed upon pursuant to the advance
coordination and what is actually filed in the application. Moreover,
for situations in which an applicant has given advance notice but does
not reach agreement with the Quiet Zone entity regarding proposed
operations, such notice signals the Quiet Zone entity that the 20-day
waiting/comment period has begun.
C. Conditional Operation of Stations
9. Background. Section 101.31(b) permits applicants for certain
point-to-point microwave stations to operate on a conditional basis
during the pendency of an associated application under certain
conditions. 47 CFR 101.31(b)(v). However, subsection (v) of that rule
forbids conditional operation of facilities located in areas identified
in Sec. 1.924 in general. See 47 CFR 101.31(b)(v). The Commission
sought comment on whether to allow part 101 applicants to initiate
conditional operation under Sec. 101.31(b), notwithstanding the
limitation contained in subsection (v), if they submit written consent
from the applicable Quiet Zone entity, and otherwise are eligible to
initiate conditional operations over the proposed facility.
10. Discussion. The Commission concludes that it is in the public
interest to allow part 101 applicants to operate on a conditional basis
in the Quiet Zones pending application processing if they obtain prior
consent from the applicable Quiet Zone entity. Section
101.31(b)(1)(v)'s ban on conditional operation in Quiet Zones was
established to ensure that such areas are adequately protected from
interference. However, the underlying goal of the ban against
conditional operation in Quiet Zones would be served where, prior to
submitting an application, an applicant has resolved interference and
other coordination issues with an affected entity and has obtained
consent. The Commission has previously recognized that permitting
conditional operation pending the approval of an application provides
greater flexibility to part 101 entities and enables them to operate
more efficiently. Reorganization and Revision of parts 1, 2, 21, and 94
of the Rules to Establish a New part 101 Governing Terrestrial
Microwave Fixed Radio Services, Report and Order, 61 FR 26670, May 28,
1996. In instances where applicants have obtained consent from the
relevant entities and have satisfied other applicable conditions,
precluding such part 101 entities from operating on a conditional basis
would unduly delay the construction and deployment of microwave
networks. Accordingly, Sec. 101.31(b)(1)(v) is modified to permit
conditional operation in Quiet Zones if the applicant has obtained
written consent from the applicable entity and otherwise satisfies the
criteria for conditional authorization found in Sec. 101.31(b).
11. Similarly, the Commission concludes that, for other wireless
services in which applicants are permitted to operate on a conditional
basis prior to authorization, there is little basis to distinguish
applicants of such services from part 101 applicants so long as an
applicant has coordinated with the applicable Quiet Zone entity and all
other requirements for conditional operation have been met. However,
the Commission will not extend this to wireless services, such as
cellular, which do not permit operation prior to authorization by the
Commission.
E. Rules Cross-Referencing Sec. 1.924
12. Background. There are a number of Commission rules that cross-
reference Sec. 1.924 or specify procedures that are contingent upon
Sec. 1.924. In the NPRM, the Commission referenced Sec. Sec. 90.655,
95.45(b), 101.1009, and 101.1329 as examples of rules that point out
that certain sites may require individual station licenses or are the
subject to other restrictions if they are located in Quiet Zones. The
Commission requested comments on any possible modifications of these or
other rules that implement the Commission's goals regarding protection
of Quiet Zones from unacceptable interference.
13. Discussion. The Commission finds that augmenting its service-
specific rules to ensure that applicants and licensees are aware of
their Sec. 1.924 obligations is not warranted. Applicants and
licensees are required to be aware of and to comply with all applicable
Commission rules. In the ULS Report and Order, the Commission
consolidated all wireless procedural rules, including service-specific
Quiet Zone rules, into part 1 in order to provide consistent standards
for all wireless services, eliminate unnecessary or redundant rules,
and retain service-specific rules only where such rules are necessary
due to technical, operational or policy considerations of the
particular wireless service. See Amendment of parts 0, 1, 12, 22, 24,
26, 27, 80, 87, 90, 95, 97, and 101 of the Commission's Rules to
Facilitate the Development and Use of the Universal Licensing System in
the Wireless Telecommunications Services, Report and Order, 63 FR
68904, December 14, 1998 (ULS Report and Order). In consolidating all
of the procedural rules in part 1, the Commission established a single
point of reference regarding its wireless licensing procedures. The
Commission finds the argument that applicants are unlikely to read
applicable part 1 rules unpersuasive to undo the harmony and
consistency achieved by the ULS Report and Order. Moreover, the
Commission is not aware that there is a current problem with carriers
not complying with Sec. 1.924 requirements specifically because they
are not aware of the obligation to do so. Therefore, the Commission
will not
[[Page 17949]]
place additional references to Sec. 1.924 in its service-specific
rules.
F. Matters Raised by Commenters in Response to the NPRM
14. In the NPRM, the Commission requested comment on ways to
improve the current procedures prescribed by Sec. 1.924 that would
streamline the applicable processes while continuing to ensure that
areas are fully and adequately protected. In response, the Commission
received a number of proposals to modify the processes set out in Sec.
1.924.
1. Proposals To Institute 30-day Automatic Consent Period
15. Background. Two commenters advocate an advance 30-day
notification period during which the failure of the Quiet Zone entity
to comment or object will constitute approval of the terms of the
proposed operation. One commenter suggests that the consent process
regarding conditional authority for microwave services in Quiet Zones
be combined with current frequency coordination procedures. Part 101
applicants are required to provide notification to other part 101
licensees and applicants of proposed frequency use prior to filing an
application with the Commission. See 47 CFR 101.103(d). If no comment
or objection is received within 30 days, the applicant is deemed to
have made reasonable efforts to coordinate and may file its application
without a response. See 47 CFR 101.103(d)(2)(iv). The commenter
proposes that this rule be extended to Quiet Zone situations so that
the Quiet Zone entity would be required to respond in writing to an
applicant's proposed operation within the same 30-day period. In this
proposal, an applicant can satisfy the consent requirement by providing
a statement that the Quiet Zone entity has been notified and no
responses were received within 30 days of notification.
16. Another commenter also proposes a 30-day notification period,
but seeks to apply the 30-day notification period across services. The
commenter proposes that, for situations in which notification is
required prior to authorization, if a Quiet Zone entity does not
respond to pre-application coordination efforts made by an applicant
within 30 days of notification, then concurrence will be implied. No
comment period would occur after filing. Further, the Commission would
require that applicants file an application within 60 days of the end
of the 30-day period to prevent the application from getting stale.
17. Discussion. The Commission declines to adopt the proposals
advanced by commenters to establish a process in which consent by a
Quiet Zone entity is assumed if no objections are raised by the end of
a 30-day period. As emphasized in the NPRM, the Commission considers
protection of the Quiet Zone areas from radio frequency interference to
be critically important and that in instituting this proceeding, it did
not intend to reduce or eliminate applicant requirements to coordinate
with Quiet Zones. The Commission believes that the protections set out
in Sec. 1.924 will be undercut if carriers may assume that failure by
a Quiet Zone entity to respond to a notification within 30 days may
automatically be construed as consent. The Commission continues to
believe that actual coordination between applicants and Quiet Zone
entities remains the most effective means for parties to ensure that
Quiet Zone areas are protected from interference in the least
burdensome manner to applicants.
18. While commenters argue that allowing a 30-day automatic consent
period is more desirable than the current coordination process, the
Commission does not believe that a departure from its current
coordination processes is warranted. The Commission cannot know what is
occurring with respect to interactions between applicants and Quiet
Zone entities, for example, whether notification was adequate or
whether applicants are taking appropriate measures to avoid
interference to Quiet Zone areas. Without explicit prior approval by
the Quiet Zone entity or a time period during which a Quiet Zone entity
may lodge objections to operational parameters set out in an
application, the Commission cannot assume consent. Further, the record
makes apparent that applicants and Quiet Zone entities have been
largely successful in resolving notification and coordination issues
under current rules. To the extent that there have been delays, the
Commission is confident that the rule changes that the Commission is
adopting in this proceeding will make the Quiet Zone application
processes more efficient and will facilitate the rapid deployment of
service.
2. Proposal Requesting Greater Commission Oversight of Guidelines and
Processes Used by Quiet Zone Entities
19. Background. RCC Consultants (RCC) requests that the Commission
set out specific Quiet Zone interference standards that must be
followed by Quiet Zone entities, specifically NRAO and NRRO. RCC states
that, although pre-coordination with Quiet Zone facilities has been
helpful in the past, pre-coordination is a trial and error process that
is unnecessary and burdensome for applicants. Instead, RCC argues that
the interference protection criteria used by these facilities should be
set out in the Commission's rules, and a clear process for appeals
regarding interference objections raised by NRAO and NRRO should be
established to determine the reasonableness of existing criteria and
any future changes. RCC asserts that these facilities can and have
changed their interference parameters at will with no opportunity for
public comment or appeal, and that the present method of determining
acceptable effective radiated power (ERP) with respect to the NRAO and
NRRO facilities is subject to error.
20. Discussion. In the Arecibo Report and Order, 62 FR 55525,
October 27, 1997, the Commission established coordination procedures
that would apply to operations potentially affecting the Arecibo Radio
Astronomy Observatory. In establishing these procedures, the Commission
explained its rationale for not adopting specific interference
criteria. The Commission concluded that the large number of services--
each operating at differing power levels and frequencies--as well as
other variables such as terrain and propagation characteristics made it
prohibitively difficult and time-consuming to establish interference
standards that would apply to all applicants. Amendment of the
Commission's Rules to Establish a Radio Astronomy Coordination Zone in
Puerto Rico, ET Docket No. 96-2, RM-8165, Report and Order. Given these
considerations, the Commission did not establish interference limits,
and instead directed Arecibo to establish technical guidelines to be
used during coordination. Although that order was specific to the
Arecibo facility, the same rationale holds true for NRAO and NRRO as
well. The factors that caused the Commission to find in the Arecibo
Report and Order that establishing specific interference criteria would
be inordinately difficult and time-consuming remain valid.
21. Similarly, the Commission does not find that it is desirable
for the Commission to mandate a method of performing interference
studies. The Commission believes that specifying the precise method of
conducting interference studies could actually run counter to the
interests of applicants by taking flexibility out of the coordination
[[Page 17950]]
process. Instead, the Commission continues to believe that applicants
and Quiet Zone entities should be given the flexibility to work out a
solution as to how best to safeguard the affected entity's operations
while minimizing burdens on the applicant.
22. The Commission also finds it unnecessary to establish a process
for applicants to appeal interference objections raised by Quiet Zone
entities. Although Quiet Zone entities are tasked with establishing
technical guidelines regarding operations in Quiet Zone areas and are
permitted to object to an applicant's proposed operations, the
Commission remains the sole entity with authority to resolve service
licensing issues. The Commission emphasizes that the interference
guidelines set by Quiet Zone entities are starting points from which
the applicant and the applicable entity can begin discussions. If an
applicant believes that a Quiet Zone entity's guidelines are incorrect
or overly stringent, it has the ability to raise the issue with the
Commission for final resolution.
3. Proposal to Allow Applicants to Avoid Coordination Process if They
Provide Self-certification Regarding Operational Parameters
23. Background. Spanish Broadcasting System (SBS) seeks specific
interference criteria as part of a safe harbor approach by which
applicants could self-certify that they are operating below established
interference limits. SBS's proposal provides that no Quiet Zone
coordination would be necessary for applicants that certify that their
proposed facility produces a predicted field strength that is less than
those established by the Commission. Further, SBS suggests that, in the
event that the applicant's proposed operation produces a predicted
field strength that exceeds the established limit, the applicant can
still self-certify and avoid the coordination process if it submits a
showing of terrain shadowing or other local propagation anomaly which
results in a diminished field strength at the Quiet Zone location.
Alternatively, SBS proposes that, if the Commission determines that
there must be actual coordination between applicants and Quiet Zone
entities, the Commission should find that no Quiet Zone consent is
required where the applicant proposes a modified facility which is
technically equivalent to an existing facility.
24. Discussion. The Commission finds that SBS's proposals to permit
self-certification would increase the risk of harmful interference to
Quiet Zone operations. Even if the Commission concludes that it is
feasible and desirable for it to establish appropriate interference
criteria, there is still a risk that applicants may make errors in
calculation or that the established criteria is not appropriate for a
given facility. The likelihood that interference may occur is further
enhanced if the Commission was to adopt SBS's proposal to allow an
applicant to avoid actual coordination even where its proposed
operation produces a predicted field strength greater than the
established limit. Under SBS's proposal, an applicant would be allowed
to demonstrate that terrain shadowing results in a diminished field
strength in a Quiet Zone area. Current terrain shadowing programs may
be of use in calculating the reduction of interference to broadcast
facilities, but are not designed to predict the impact on the extremely
sensitive receivers used by radio astronomy observatories. Rather than
streamlining the application process, it appears that this proposal
would in actuality impose an extra level of complexity by requiring the
Commission to determine whether or not such a showing is accurate and a
proposed facility is indeed operating below interference limits.
25. SBS's proposal that coordination need not be required for
modifications that are technically equivalent to current facilities is
equally problematic. This proposal poses the problem of how to define
technical equivalency. The Commission concludes that the technical
difficulties that SBS's proposals create far outweigh any benefits that
would be gained. While SBS argues that its proposals will streamline
the application process, the Commission finds that implementation of
its proposals would bring complexities to the process that would delay
application processing or increase the risk of harmful interference in
Quiet Zone areas. While the Commission has a general goal of
streamlining its rules and processes, it will not do so if the
potential for harmful interference to Quiet Zones is increased.
Moreover, because it appears that, for the most part, applicants and
Quiet Zone entities have been successful in timely resolving
interference issues, the Commission finds little reason to allow
applicants to bypass actual coordination with Quiet Zone entities.
4. Clarification of Coordination Obligations
26. Background. Certain wireless services require frequency
coordination prior to the filing of an application. A few of the
commenters request that for applications in these services, the
Commission identify the entity that is responsible for Quiet Zone
coordination, i.e., the applicant or the applicant's frequency
coordinator. The commenters state that, although they believe that
frequency coordinators are better qualified to deal with coordination
issues, they primarily wish to have certainty as to which entity is
obligated.
27. Discussion. Because the Commission seeks to provide for
flexibility in the coordination process, the Commission declines to
specify an entity to perform the notifications required in Sec. 1.924.
The Commission clarifies that an applicant has the option of notifying/
coordinating with a Quiet Zone entity itself or satisfying the
requirement through the use of a frequency coordinator. In the event
that a frequency coordinator is used and the Quiet Zone entity has
interference concerns, the frequency coordinator may continue to act on
behalf of the applicant in order to resolve interference issues.
However, the applicant retains the ultimate responsibility of ensuring
that coordination has occurred and that the concerns of the Quiet Zone
entity are addressed.
F. Administrative Corrections
28. The NPRM provided that the Commission's rules would be amended
to correct certain ministerial errors. First, the Commission reinstates
a limitation on the Arecibo Observatory coordination obligations that
was inadvertently omitted when the Commission consolidated many of its
wireless rules into part 1 in the ULS proceeding. To correct this
omission, the Commission adds a new Sec. 1.924(d)(4) that states:
``The provisions of this paragraph do not apply to operations that
transmit on frequencies above 15 GHz.'' Similarly, the version of Sec.
1.924(e) contained in the current volume of the Code of Federal
Regulations includes two typographical errors from the rule adopted in
1997. Specifically, in Sec. 1.924(e)(1), the first set of coordinates
listed under Denver, CO Area, Rectangle 1 should be 41[deg]30[min]
00[sec] North Latitude instead of 1[deg]31[min]00[sec] North. In Sec.
1.924(e)(2), the longitude coordinates should read
76[deg]52[min]00[sec] instead of 78[deg]52[min]00[sec]. Further, the
Commission changes the Quiet Zones reference in Sec. Sec.
27.601(c)(iii) and 90.159(b)(5) Sec. 90.177 to Sec. 1.924, to reflect
the consolidation of wireless rules the Commission adopted in the ULS
proceeding.
29. In addition to the errors identified in the NPRM, further
review of the
[[Page 17951]]
Quiet Zones rules reveals that other corrections are necessary. First,
some of the power flux density values identified in the table entitled
``Field Strength Limits for Table Mountain'' in Sec. 1.924(b)(1) are
not listed correctly. All power flux density limits specified in the
table and its accompanying footnote should have negative values. For
example, the power flux density value for signals in the 470 to 890 MHz
range should read ``-56.2'' rather than the ``56.2'' currently listed
in the table. Further, the coordinates in rule Sec. 1.924(f)(1)(i)
should be 41[deg]45[min]00.2[sec] North, 70[deg]30[min]58.3[sec] West,
and coordinates in Sec. 1.924(f)(4)(iii) should read
34[deg]08[min]59.6[sec] North, 119[deg]11[min]03.8[sec] West. Finally,
Sec. 1.924 currently lists both the former and current versions of
Sec. 1.924(g), and should be corrected to remove the former version.
The Commission therefore revises Sec. 1.924 to reflect these
corrections.
III. Procedural Matters
A. Final Regulatory Flexibility Act
30. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the NPRM. The Commission sought written public comment
on the proposals in the NPRM, including comment on the IRFA. This
present Final Regulatory Flexibility Analysis (FRFA) conforms to the
RFA. See 5 U.S.C. 604.
Need for, and Objectives of, the Report and Order
31.In the Report and Order, the Commission adopts changes to its
rules governing Quiet Zone areas. The amendments serve the dual
purposes of streamlining requirements for applications affecting Quiet
Zones, while protecting these sensitive areas from harmful
interference. While the Commission believes that the record in this
proceeding demonstrates that its rules have been largely successful in
protecting Quiet Zones while facilitating the deployment of wireless
services, the Commission believes there are certain modifications that
will expedite the application process, reduce unnecessary or redundant
requirements from Commission regulations, and promote the efficient use
of spectrum within these protected areas. Accordingly, in this Report
and Order, the Commission: (1) Amends its rules to provide for
immediate processing of applications that may implicate Quiet Zones, in
the event that the applicant indicates that it has obtained the prior
consent of the Quiet Zone entity; (2) amend its rules to clarify that
applicants may provide notification to and begin coordination with
Quiet Zone entities (where required) in advance of filing an
application with the Commission; (3) amend Sec. 101.31(b)(1)(v) to
permit part 101 applicants as well as applicants for other services
that allow operation prior to authorization, to initiate conditional
operation, provided they have obtained the prior consent of the Quiet
Zone entity and are otherwise eligible to initiate conditional
operations over the proposed facility; (4) clarify that either the
applicant or the applicant's frequency coordinator may notify and
initiate coordination proceedings with the Quiet Zone entity.
Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
32. Only one commenter submitted comments in response to the IRFA.
RCC argues that local governments and non-profit agencies that are
located in the NRQZ pay more to install and operate radio
communications systems. RCC asserts that more antenna sites are needed
to provide satisfactory radio coverage due to the NRQZ restrictions,
and in the worst case, public safety agencies are forced to accept
diminished radio system performance due to impractical limits on ERP
that are required by NRAO. In order to satisfy NRAO and NRRO
guidelines, RCC states that licensees are forced to: (1) Reduce
operating power; (2) use directional antennas; and, (3) place their
transmitters in less than optimal locations. RCC argues that these
steps generally result in diminished radio system performance in the
area where coverage is required. RCC also argues that the Quiet Zone
requirements are, in effect, a de facto unfunded federal mandate
because local governments and small entities receive no reimbursement
or federal funds to compensate them for the additional expense that
they incur in the process of meeting the NRAO and NRRO criteria. RCC
argues that the federal government should compensate local governments
and radio communications systems operators for the costs associated
with complying with Quiet Zones requirements.
33. RCC's IRFA comments appear to challenge the Commission's
existing notification and coordination procedures regarding Quiet Zone
areas rather than any issues or proposals raised in the NPRM or in the
IRFA. In the Final Regulatory Flexibility Analysis in the Arecibo
Report and Order, the Commission noted that, while some parties argued
that the coordination requirements were an unnecessary burden that
would delay the provision of service and increase the costs of
operation, the Commission determined that complying with the
coordination procedures would be a minimal burden, and that the public
benefit in protecting the Arecibo Observatory's operations from harmful
interference justifies the minimal burden that may be created. Although
the proceeding related to the Arecibo Observatory, the same
considerations are true for Quiet Zones in general. Further, the
Commission believes that the rule changes adopted in this Report and
Order will benefit all carriers, including small businesses, by
expediting the application process, reducing unnecessary or redundant
requirements from Commission regulations, and promoting the efficient
use of spectrum within Quiet Zone areas.
Description and Estimate of the Number of Small Entities to Which the
Rules Will Apply
34. 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 proposed rules. See 5 U.S.C. 604(a)(3). The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' See 5 U.S.C. 601(6). In addition, the term
``small business'' has the same meaning as the term ``small business
concern'' under the Small Business Act. See 5 U.S.C. 601(3). A ``small
business concern'' is one which: (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). See 15 U.S.C. 632.
35. In the following paragraphs, the Commission further describes
and estimates the number of small entity licensees that may be affected
by the rules adopted in the Report and Order. Since this rulemaking
proceeding applies to multiple services, the Commission will analyze
the number of small entities affected on a service-by-service basis.
36. Cellular Licensees. The SBA has developed a small business size
standard for small businesses in the category ``Cellular and Other
Wireless Telecommunications.'' Under that SBA category, a business is
small if it has 1,500 or fewer employees. According to the Bureau of
the Census, only twelve firms out of a total of 1,238 cellular and
other wireless telecommunications firms operating during 1997 had 1,000
or more employees. Therefore, even if all twelve of these firms were
cellular telephone companies, nearly all cellular
[[Page 17952]]
carriers are small businesses under the SBA's definition.
37. 220 MHz Radio Service--Phase I Licensees. The 220 MHz service
has both Phase I and Phase II licenses. Phase I licensing was conducted
by lotteries in 1992 and 1993. There are approximately 1,515 such non-
nationwide licensees and four nationwide licensees currently authorized
to operate in the 220 MHz band. The Commission has not developed a
definition of small entities specifically applicable to such incumbent
220 MHz Phase I licensees. To estimate the number of such licensees
that are small businesses, the Commission applies the small business
size standard under the SBA rules applicable to ``Cellular and Other
Wireless Telecommunications'' companies. This category provides that a
small business is a wireless company employing no more than 1,500
persons. According to the Census Bureau data for 1997, only twelve
firms out of a total of 1,238 such firms that operated for the entire
year, had 1,000 or more employees. If this general ratio continues in
the context of Phase I 220 MHz licensees, the Commission estimates that
nearly all such licensees are small businesses under the SBA's small
business standard.
38. 220 MHz Radio Service--Phase II Licensees. The 220 MHz service
has both Phase I and Phase II licenses. The Phase II 220 MHz service is
subject to spectrum auctions. In the 220 MHz Third Report and Order,
the Commission adopted a small business size standard for defining
``small'' and ``very small'' businesses for purposes of determining
their eligibility for special provisions such as bidding credits and
installment payments. Amendment of Part 90 of the Commission's Rules to
Provide For the Use of the 220-222 MHz Band by the Private Land Mobile
Radio Service, Third Report and Order, 62 FR 15978, April 3, 1997. This
small business standard indicates that a ``small business'' is an
entity that, together with its affiliates and controlling principals,
has average gross revenues not exceeding $15 million for the preceding
three years. A ``very small business'' is defined as an entity that,
together with its affiliates and controlling principals, has average
gross revenues that do not exceed $3 million for the preceding three
years. The SBA has approved these small size standards. Auctions of
Phase II licenses commenced on September 15, 1998, and closed on
October 22, 1998. In the first auction, 908 licenses were auctioned in
Three different-sized geographic areas: Three nationwide licenses, 30
Regional Economic Area Group (EAG) Licenses, and 875 Economic Area (EA)
Licenses. Of the 908 licenses auctioned, 693 were sold. Thirty-nine
small businesses won 373 licenses in the first 220 MHz auction. A
second auction included 225 licenses: 216 EA licenses and 9 EAG
licenses. Fourteen companies claiming small business status won 158
licenses. A third auction included four licenses: 2 BEA licenses and 2
EAG licenses in the 220 MHz Service. No small or very small business
won any of these licenses.
39. Lower 700 MHz Band Licenses. The Commission adopted criteria
for defining three groups of small businesses for purposes of
determining their eligibility for special provisions such as bidding
credits. The Commission has defined a small business as an entity that,
together with its affiliates and controlling principals, has average
gross revenues not exceeding $40 million for the preceding three years.
A very small business is defined as an entity that, together with its
affiliates and controlling principals, has average gross revenues that
are not more than $15 million for the preceding three years.
Additionally, the lower 700 MHz Service has a third category of small
business status that may be claimed for Metropolitan/Rural Service Area
(MSA/RSA) licenses. The third category is entrepreneur, which is
defined as an entity that, together with its affiliates and controlling
principals, has average gross revenues that are not more than $3
million for the preceding three years. The SBA has approved these small
size standards. An auction of 740 licenses (one license in each of the
734 MSAs/RSAs and one license in each of the six Economic Area
Groupings (EAGs)) commenced on August 27, 2002, and closed on September
18, 2002. Of the 740 licenses available for auction, 484 licenses were
sold to 102 winning bidders. Seventy-two of the winning bidders claimed
small business, very small business or entrepreneur status and won a
total of 329 licenses. A second auction commenced on May 28, 2003, and
closed on June 13, 2003, and included 256 licenses: 5 EAG licenses and
476 CMA licenses. Seventeen winning bidders claimed small or very small
business status and won sixty licenses, and nine winning bidders
claimed entrepreneur status and won 154 licenses.
40. Upper 700 MHz Band Licenses. The Commission released a Report
and Order, authorizing service in the upper 700 MHz band. Service Rules
for the 746-764 and 776-794 MHz Bands, and Revisions to part 27 of the
Commission's Rules, WT Docket No. 99-168, Report and Order, 65 FR 3139,
January 20, 2000. In that proceeding, the Commission defined a small
business as any entity with average annual gross revenues for the three
preceding years not in excess of $40 million, and a very small business
as an entity with average annual gross revenues for the three preceding
years not in excess of $15 million. The auction for Upper 700 MHz
licenses, previously scheduled for January 13, 2003, was postponed.
41. 700 MHz Guard Band Licenses. In the 700 MHz Guard Band Order,
65 FR 17599, April 4, 2000, the Commission adopted a small business
size standard for ``small businesses'' and ``very small businesses''
for purposes of determining their eligibility for special provisions
such as bidding credits and installment payments. Service Rules for the
746-764 MHz Bands, and Revisions to part 27 of the Commission's Rules,
WT Docket No. 99-168, Second Report and Order. A ``small business'' is
an entity that, together with its affiliates and controlling
principals, has average gross revenues not exceeding $15 million for
the preceding three years.
42. Additionally, a ``very small business'' is an entity that,
together with its affiliates and controlling principals, has average
gross revenues that are not more than $3 million for the preceding
three years. An auction of 52 Major Economic Area (MEA) licenses
commenced on September 6, 2000, and closed on September 21, 2000. Of
the 104 licenses auctioned, 96 licenses were sold to nine bidders. Five
of these bidders were small businesses that won a total of 26 licenses.
A second auction of 700 MHz Guard Band licenses commenced on February
13, 2001 and closed on February 21, 2001. All eight of the licenses
auctioned were sold to three bidders. One of these bidders was a small
business that won a total of two licenses.
43. Paging. In the Paging Second Report and Order, 62 FR 11616,
March 12, 1997, the Commission adopted a size standard for ``small
businesses'' for purposes of determining their eligibility for special
provisions such as bidding credits and installment payments. A small
business is an entity that, together with its affiliates and
controlling principals, has average gross revenues not exceeding $15
million for the preceding three years. The SBA has approved this
definition. An auction of Metropolitan Economic Area (MEA) licenses
commenced on February 24, 2000, and closed on March 2, 2000. Of the
2,499 licenses auctioned, 985 were sold. Fifty-seven companies claiming
small business status won 440 licenses. An auction of Metropolitan
Economic
[[Page 17953]]
Area (MEA) and Economic Area (EA) licenses commenced on October 30,
2001, and closed on December 5, 2001. Of the 15,514 licenses auctioned,
5,323 were sold. 132 companies claiming small business status purchased
3,724 licenses. A third auction, consisting of 8,874 licenses in each
of 175 EAs and 1,328 licenses in all but three of the 51 MEAs commenced
on May 13, 2003, and closed on May 28, 2003. Seventy-seven bidders
claiming small or very small business status won 2,093 licenses.
Currently, there are approximately 24,000 Private Paging site-specific
licenses and 74,000 Common Carrier Paging licenses. According to the
most recent Trends in Telephone Service, 608 private and common
carriers reported that they were engaged in the provision of either
paging or ``other mobile'' services. Of these, the Commission estimates
that 589 are small, under the SBA-approved small business size
standard. The Commission estimated that the majority of private and
common carrier paging providers would qualify as small entities under
the SBA definition.
44. Broadband Personal Communications Service (PCS). The broadband
PCS spectrum is divided into six frequency blocks designated A through
F, and the Commission has held auctions for each block. The Commission
has created a small business size standard for Blocks C and F as an
entity that has average gross revenues of less than $40 million in the
three previous calendar years. See 47 CFR 24.720(b). For Block F, an
additional small business size standard for ``very small business'' was
added and is defined as an entity that, together with its affiliates,
has average gross revenues of not more than $15 million for the
preceding three calendar years. These small business size standards, in
the context of broadband PCS auctions, have been approved by the SBA.
No small businesses within the SBA-approved small business size
standards bid successfully for licenses in Blocks A and B. There were
90 winning bidders that qualified as small entities in the Block C
auctions. A total of 93 ``small'' and ``very small'' business bidders
won approximately 40 percent of the 1,479 licenses for Blocks D, E, and
F. On March 23, 1999, the Commission reauctioned 155 C, D, E, and F
Block licenses; there were 113 small business winning bidders.
45. Narrowband PCS. The Commission held an auction for Narrowband
PCS licenses that commenced on July 25, 1994, and closed on July 29,
1994. A second commenced on October 26, 1994 and closed on November 8,
1994. For purposes of the first two Narrowband PCS auctions, ``small
businesses'' were entities with average gross revenues for the prior
three calendar years of $40 million or less. Through these auctions,
the Commission awarded a total of forty-one licenses, 11 of which were
obtained by four small businesses. To ensure meaningful participation
by small business entities in future auctions, the Commission adopted a
two-tiered small business size standard in the Narrowband PCS Second
Report and Order, 65 FR 35843, June 6, 2000. A ``small business'' is an
entity that, together with affiliates and controlling interests, has
average gross revenues for the three preceding years of not more than
$40 million. A ``very small business'' is an entity that, together with
affiliates and controlling interests, has average gross revenues for
the three preceding years of not more than $15 million. The SBA has
approved these small business size standards. A third auction commenced
on October 3, 2001 and closed on October 16, 2001. Here, five bidders
won 317 (MTA and nationwide) licenses. Three of these claimed status as
a small or very small entity and won 311 licenses.
46. Rural Radiotelephone Service. The Commission uses the SBA
definition applicable to cellular and other wireless telecommunication
companies, i.e., an entity employing no more than 1,500 persons. There
are approximately 1,000 licensees in the Rural Radiotelephone Service,
and the Commission estimates that there are 1,000 or fewer small entity
licensees in the Rural Radiotelephone Service that may be affected by
the rules and policies adopted herein.
47. Air-Ground Radiotelephone Service. The Commission uses the SBA
definition applicable to cellular and other wireless telecommunication
companies, i.e., an entity employing no more than 1,500 persons. There
are approximately 100 licensees in the Air-Ground Radiotelephone
Service, and the Commission estimates that almost all of them qualify
as small entities under the SBA definition.
48. Specialized Mobile Radio (SMR). The Commission awards ``small
entity'' bidding credits in auctions for Specialized Mobile Radio (SMR)
geographic area licenses in the 800 MHz and 900 MHz bands to firms that
had revenues of no more than $15 million in each of the three previous
calendar years. The Commission awards ``very small entity'' bidding
credits to firms that had revenues of no more than $3 million in each
of the three previous calendar years. The SBA has approved these small
business size standards for the 900 MHz Service. The Commission has
held auctions for geographic area licenses in the 800 MHz and 900 MHz
bands. The 900 MHz SMR auction began on December 5, 1995, and closed on
April 15, 1996. Sixty bidders claiming that they qualified as small
businesses under the $15 million size standard won 263 geographic area
licenses in the 900 MHz SMR band. The 800 MHz SMR auction for the upper
200 channels began on October 28, 1997, and was completed on December
8, 1997. Ten bidders claiming that they qualified as small businesses
under the $15 million size standard won 38 geographic area licenses for
the upper 200 channels in the 800 MHz SMR band. A second auction for
the 800 MHz band was held on January 10, 2002 and closed on January 17,
2002 and included 23 BEA licenses. One bidder claiming small business
status won five licenses. The auction of the 1,050 800 MHz SMR
geographic area licenses for the General Category channels began on
August 16, 2000, and was completed on September 1, 2000. Eleven bidders
won 108 geographic area licenses for the General Category channels in
the 800 MHz SMR band qualified as small businesses under the $15
million size standard. In an auction completed on December 5, 2000, a
total of 2,800 Economic Area licenses in the lower 80 channels of the
800 MHz SMR service were sold. Of the 22 winning bidders, 19 claimed
``small business'' status and won 129 licenses. Thus, combining all
three auctions, 40 winning bidders for geographic licenses in the 800
MHz SMR band claimed status as small business.
49. In addition, there are numerous incumbent site-by-site SMR
licensees and licensees with extended implementation authorizations in
the 800 and 900 MHz bands. The Commission does not know how many firms
provide 800 MHz or 900 MHz geographic area SMR pursuant to extended
implementation authorizations, nor how many of these providers have
annual revenues of no more than $15 million. One firm has over $15
million in revenues. The Commission assumes, for purposes of this
analysis, that all of the remaining existing extended implementation
authorizations are held by small entities, as that small business size
standard is established by the SBA.
50. Multipoint Distribution Service, Multichannel Multipoint
Distribution Service, and Instructional Television Fixed Service.
Multichannel Multipoint Distribution Service (MMDS) systems, often
referred to as ``wireless cable,'' transmit video programming to
subscribers using the microwave
[[Page 17954]]
frequencies of the Multipoint Distribution Service (MDS) and
Instructional Television Fixed Service (ITFS). In connection with the
1996 MDS auction, the Commission defined ``small business'' as an
entity that, together with its affiliates, has average gross annual
revenues that are not more than $40 million for the preceding three
calendar years. The SBA has approved of this standard. The MDS auction
resulted in 67 successful bidders obtaining licensing opportunities for
493 Basic Trading Areas (BTAs). Of the 67 auction winners, 61 claimed
status as a small business. At this time, the Commission estimates that
of the 61 small business MDS auction winners, 48 remain small business
licensees. In addition to the 48 small businesses that hold BTA
authorizations, there are approximately 392 incumbent MDS licensees
that have gross revenues that are not more than $40 million and are
thus considered small entities. After adding the number of small
business auction licensees to the number of incumbent licensees not
already counted, the Commission finds that there are currently
approximately 440 MDS licensees that are defined as small businesses
under either the SBA's or the Commission's rules.
51. In addition, the SBA has developed a small business size
standard for Cable and Other Program Distribution, which includes all
such companies generating $12.5 million or less in annual receipts.
According to Census Bureau data for 1997, there were a total of 1,311
firms in this category, total, that had operated for the entire year.
Of this total, 1,180 firms had annual receipts of under $10 million,
and an additional 52 firms had receipts of $10 million or more but less
than $25 million.
52. Finally, while SBA approval for a Commission-defined small
business size standard applicable to ITFS is pending, educational
institutions are included in this analysis as small entities. There are
currently 2,032 ITFS licensees, and all but 100 of these licenses are
held by educational institutions. Thus, the Commission tentatively
concludes that at least 1,932 ITFS licensees are small businesses.
53. Private Land Mobile Radio (PLMR). PLMR systems serve an
essential role in a range of industrial, business, land transportation,
and public safety activities. These radios are used by companies of all
sizes operating in all U.S. business categories, and are often used in
support of the licensee's primary (non-telecommunications) business
operations. For the purpose of determining whether a licensee of a PLMR
system is a small business as defined by the SBA, the Commission could
use the definition for ``Cellular and Other Wireless
Telecommunications.'' This definition provides that a small entity is
any such entity employing no more than 1,500 persons. The Commission
does not require PLMR licensees to disclose information about number of
employees, so the Commission does not have information that could be
used to determine how many PLMR licensees constitute small entities
under this definition. Moreover, because PLMR licensees generally are
not in the business of providing cellular or other wireless
telecommunications services but instead use the licensed facilities in
support of other business activities, the Commission is not certain
that the Cellular and Other Wireless Telecommunications category is
appropriate for determining how many PLMR licensees are small entities
for this analysis. Rather, it may be more appropriate to assess PLMR
licensees under the standards applied to the particular industry
subsector to which the licensee belongs.
54. The Commission's 1994 Annual Report on PLMRs indicates that at
the end of fiscal year 1994, there were 1,087,267 licensees operating
12,481,989 transmitters in the PLMR bands below 512 MHz. Because any
entity engaged in a commercial activity is eligible to hold a PLMR
license, the revised rules in this context could potentially impact
every small business in the United States.
55. Amateur Radio Service. All Amateur Radio Service licenses are
presumed to be individuals. Accordingly, no small business definition
applies for this service.
56. Aviation and Marine Radio Service. Small businesses in the
aviation and marine radio services use a marine very high frequency
(VHF) radio, any type of emergency position indicating radio beacon
and/or radar, a VHF aircraft radio, and/or any type of emergency
locator transmitter. The Commission has not developed a definition of
small entities specifically applicable to these small businesses.
Therefore, the applicable definition of small entity is the definition
under the SBA rules for radiotelephone wireless communications.
57. Most applicants for recreational licenses are individuals.
Approximately 581,000 ship station licensees and 131,000 aircraft
station licensees operate domestically and are not subject to the radio
carriage requirements of any statute or treaty. Therefore, for purposes
of its evaluations and conclusions in this IRFA, the Commission
estimates that there may be at least 712,000 potential licensees that
are individuals or small entities, as that term is defined by the SBA.
58. Fixed Microwave Services. Fixed microwave services include
common carrier, private-operational fixed, and broadcast auxiliary
radio services. Currently, 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
Commission has not yet defined a small business with respect to
microwave services. For purposes of this FRFA, the Commission will use
the SBA's definition applicable to ``Cellular and Other Wireless
Telecommunications'' companies ``that is, an entity with no more than
1,500 persons. The Commission does not have data specifying the number
of these licensees that have more than 1,500 employees, and thus is
unable at this time to estimate with greater precision the number of
fixed microwave service licensees that would qualify as small business
concerns under the SBA's small business size standard. Consequently,
the Commission estimates that there are 22,015 or fewer small common
carrier fixed licensees and 61,670 or fewer small private operational-
fixed licensees and small broadcast auxiliary radio licensees in the
microwave services that may be affected by the rules and policies
adopted herein. The Commission notes, however, that the common carrier
microwave fixed licensee category includes some large entities.
59. Public Safety Radio Services. Public Safety radio services
include police, fire, local government, forestry conservation, highway
maintenance, and emergency medical services. There are a total of
approximately 127,540 licensees within these services. Governmental
entities as well as private businesses comprise the licensees for these
services. As indicated supra in paragraph four of this IRFA, all
governmental entities with populations of less than 50,000 fall within
the definition of a small entity.
60. Personal Radio Services. Personal radio services provide short-
range, low-power radio for personal communications, radio signaling,
and business communications not provided for in other services. The
services include the citizen's band (CB) radio service, general mobile
radio service (GMRS), radio control radio service, and family radio
service (FRS). Inasmuch as the CB, GMRS, and FRS licensees are
individuals, no small business
[[Page 17955]]
definition applies for these services. The Commission is unable at this
time to estimate the number of other licensees that would qualify as
small under the SBA's definition.
61. Offshore Radiotelephone Service. This service operates on
several ultra high frequency (UHF) TV broadcast channels that are not
used for TV broadcasting in the coastal area of the states bordering
the Gulf of Mexico. At present, there are approximately 55 licensees in
this service. The Commission uses the SBA definition applicable to
cellular and other wireless telecommunication companies, i.e., an
entity employing no more than 1,500 persons. The Commission is unable
at this time to estimate the number of licensees that would qualify as
small entities under the SBA definition. The Commission assumes, for
purposes of this FRFA, that all of the 55 licensees are small entities,
as that term is defined by the SBA.
62. Wireless Communications Services. This service can be used for
fixed, mobile, radiolocation, and digital audio broadcasting satellite
uses. The Commission defined ``small business'' for the wireless
communications services (WCS) auction as an entity with average gross
revenues of $40 million for each of the three preceding years, and a
``very small business'' as an entity with average gross revenues of $15
million for each of the three preceding years. The SBA has approved
these definitions. The FCC auctioned geographic area licenses in the
WCS service. In the auction, which commenced on April 15, 1997 and
closed on April 25, 1997, there were seven bidders that won 31 licenses
that qualified as very small business entities, and one bidder that won
one license that qualified as a small business entity. An auction for
one license in the 1670-1674 MHz band commenced on April 30, 2003 and
closed the same day. One license was awarded. The winning bidder was
not a small entity.
63. Local Multipoint Distribution Service. An auction of the 986
Local Multipoint Distribution Service (LMDS) licenses began on February
18, 1998, and closed on March 25, 1998. The Commission defined ``small
entity'' for LMDS licenses as an entity that has average gross revenues
of less than $40 million in the three previous calendar years. An
additional classification for ``very small business'' was added and is
defined as an entity that, together with its affiliates, has average
gross revenues of not more than $15 million for the preceding three
calendar years. These regulations defining ``small entity'' in the
context of LMDS auctions have been approved by the SBA. There were 93
winning bidders that qualified as small entities in the LMDS auctions.
A total of 93 small and very small business bidders won approximately
277 A Block licenses and 387 B Block licenses. On March 27, 1999, the
Commission re-auctioned 161 licenses; there were 32 small and very
small business winning bidders that won 119 licenses.
64. Incumbent 24 GHz Licensees. The rules that the Commission
adopts could affect incumbent licensees who were relocated to the 24
GHz band from the 18 GHz band, and applicants who wish to provide
services in the 24 GHz band. The Commission did not develop a
definition of small entities applicable to existing licensees in the 24
GHz band. Therefore, the applicable definition of small entity is the
definition under the SBA rules for ``Cellular and Other Wireless
Telecommunications.'' This definition provides that a small entity is
any entity employing no more than 1,500 persons. The 1992 Census of
Transportation, Communications and Utilities, conducted by the Bureau
of the Census, which is the most recent information available, shows
that only 12 radiotelephone (now Wireless) firms out of a total of
1,178 such firms that operated during 1992 had 1,000 or more employees.
This information notwithstanding, the Commission believes that there
are only two licensees in the 24 GHz band that were relocated from the
18 GHz band, Teligent and TRW, Inc. It is the Commission's
understanding that Teligent and its related companies have less than
1,500 employees, though this may change in the future. TRW is not a
small entity. Thus, only one incumbent licensee in the 24 GHz band is a
small business entity.
65. Future 24 GHz Licensees. With respect to new applicants in the
24 GHz band, the Commission has defined ``small business'' as an entity
that, together with controlling interests and affiliates, has average
annual gross revenues for the three preceding years not exceeding $15
million. ``Very small business'' in the 24 GHz band is defined as an
entity that, together with controlling interests and affiliates, has
average gross revenues not exceeding $3 million for the preceding three
years. The SBA has approved these definitions. The Commission will not
know how many licensees will be small or very small businesses until
the auction, if required, is held.
66. 39 GHz Service. The Commission defines ``small entity'' for 39
GHz licenses as an entity that has average gross revenues of less than
$40 million in the three previous calendar years. ``Very small
business'' is defined as an entity that, together with its affiliates,
has average gross revenues of not more than $15 million for the
preceding three calendar years. The SBA has approved these definitions.
The auction of the 2,173 39 GHz licenses began on April 12, 2000, and
closed on May 8, 2000. The 18 bidders who claimed small business status
won 849 licenses.
67. 218-219 MHz Service. The first auction of 218-219 MHz
(previously referred to as the Interactive and Video Data Service or
IVDS) spectrum resulted in 178 entities winning licenses for 594
Metropolitan Statistical Areas (MSAs). Of the 594 licenses, 567 were
won by 167 entities qualifying as a small business. For that auction,
the Commission defined a small business as an entity that, together
with its affiliates, has no more than a $6 million net worth and, after
federal income taxes (excluding any carry over losses), has no more
than $2 million in annual profits each year for the previous two years.
In the 218-219 MHz Report and Order and Memorandum Opinion and Order,
64 FR 59656, November 3, 1999, the Commission defined a small business
as an entity that, together with its affiliates and persons or entities
that hold interests in such an entity and their affiliates, has average
annual gross revenues not exceeding $15 million for the preceding three
years. Amendment of Part 95 of the Commission's Rules to Provide
Regulatory Flexibility in the 218-219 MHz Service, Report and Order and
Memorandum Opinion and Order. A very small business is defined as an
entity that, together with its affiliates and persons or entities that
hold interests in such an entity and its affiliates, has average annual
gross revenues not exceeding $3 million for the preceding three years.
The SBA has approved of these definitions. At this time, the Commission
cannot estimate the number of licenses that will be won by entities
qualifying as small or very small businesses under the Commission's
rules in future auctions of 218-219 MHz spectrum. Given the success of
small businesses in the previous auction, and the prevalence of small
businesses in the subscription television services and message
communications industries, the Commission assumes for purposes of this
FRFA that in future auctions, many, and perhaps all, of the licenses
may be awarded to small businesses.
68. Location and Monitoring Service (LMS). Multilateration LMS
systems use non-voice radio techniques to determine the location and
status of mobile radio units. For purposes of auctioning LMS licenses,
the Commission has defined
[[Page 17956]]
``small business'' as an entity that, together with controlling
interests and affiliates, has average annual gross revenues for the
preceding three years not exceeding $15 million. A ``very small
business'' is defined as an entity that, together with controlling
interests and affiliates, has average annual gross revenues for the
preceding three years not exceeding $3 million. These definitions have
been approved by the SBA. An auction for LMS licenses commenced on
February 23, 1999, and closed on March 5, 1999. Of the 528 licenses
auctioned, 289 licenses were sold to four small businesses. The
Commission cannot accurately predict the number of remaining licenses
that could be awarded to small entities in future LMS auctions.
69. Multiple Address Systems (MAS). Entities using MAS spectrum, in
general, fall into two categories: (1) Those using the spectrum for
profit-based uses, and (2) those using the spectrum for private
internal uses. With respect to the first category, the Commission
defines ``small entity'' for MAS licenses as an entity that has average
gross revenues of less than $15 million in the three previous calendar
years. ``Very small business'' is defined as an entity that, together
with its affiliates, has average gross revenues of not more than $3
million for the preceding three calendar years. The SBA has approved of
these definitions. The majority of these entities will most likely be
licensed in bands where the Commission has implemented a geographic
area licensing approach that would require the use of competitive
bidding procedures to resolve mutually exclusive applications. The
Commission's licensing database indicates that, as of January 20, 1999,
there were a total of 8,670 MAS station authorizations. Of these, 260
authorizations were associated with common carrier service. In
addition, an auction for 5,104 MAS licenses in 176 EAs began November
14, 2001, and closed on November 27, 2001. Seven winning bidders
claimed status as small or very small businesses and won 611 licenses.
With respect to the second category, which consists of entities
that use, or seek to use, MAS spectrum to accommodate their own
internal communications needs, the Commission notes that MAS serves an
essential role in a range of industrial, safety, business, and land
transportation activities. MAS radios are used by companies of all
sizes, operating in virtually all U.S. business categories, and by all
types of public safety entities. For the majority of private internal
users, the definitions developed by the SBA would be more appropriate.
The applicable definition of small entity in this instance appears to
be the ``Cellular and Other Wireless Telecommunications'' definition
under the SBA rules. This definition provides that a small entity is
any entity employing no more than 1,500 persons. The Commission's
licensing database indicates that, as of January 20, 1999, of the 8,670
total MAS station authorizations, 8,410 authorizations were for private
radio service, and of these, 1,433 were for private land mobile radio
service.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
70. In the Report and Order, the Commission concluded that advance
coordination between applicants and Quiet Zone entities would
streamline the processing of applications by allowing the Commission to
begin processing prior to the end of the 20-day waiting period set out
in Sec. 1.924 of the Commission's rules.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
71. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
developing its approach, which may include the following four
alternatives (among others): (i) The establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (ii) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (iii) the use
of performance, rather than design, standards; and (iv) an exemption
from coverage of the rule, or any part thereof, for small Entities. See
5 U.S.C. 603(c).
In the Report and Order, the Commission adopts changes to its rules
governing Quiet Zone areas that will streamline requirements for
applications affecting Quiet Zones, while protecting these sensitive
areas from harmful interference. In the Report and Order, the
Commission: (1) Provides for immediate processing of applications that
may implicate Quiet Zones, in the event that the applicant indicates
that it has obtained the prior consent of the Quiet Zone entity; (2)
clarifies that applicants may provide notification to and begin
coordination with Quiet Zone entities (where required) in advance of
filing an application with the Commission; (3) amends Sec.
101.31(b)(1)(v) to permit applicants of part 101 and other services
that permit operation prior to authorization to initiate conditional
operation, provided they have obtained the prior consent of the Quiet
Zone entity and are otherwise eligible to initiate conditional
operations over the proposed facility; and (4) clarifies that either
the applicant or the applicant's frequency coordinator may notify and
initiate coordination proceedings with the Quiet Zone entity.
72. While the Commission does not implement alternatives specific
to small entities, the purpose behind the rule modifications in the
Report and Order is to expedite the application process, reduce
unnecessary or redundant requirements from Commission regulations, and
promote the efficient use of spectrum within Quiet Zones by all
carriers, including small businesses.
73. Report to Congress: The Commission 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. See 5 U.S.C.
801(a)(1)(A). In addition, the Commission will send a copy of the
Report and Order, including this FRFA, to the Chief Counsel for
Advocacy of the Small Business Administration.
B. Paperwork Reduction Act Analysis
74. The actions taken in the Report and Order have been analyzed
with respect to the Paperwork Reduction Act of 1995 (PRA), Public Law
104-13, and found to impose new or modified reporting and recordkeeping
requirements or burdens on the public. Implementation of these new or
modified reporting and recordkeeping requirements will be subject to
approval by the Office of Management and Budget (OMB) as prescribed by
the PRA, and will go into effect upon announcement in the Federal
Register of OMB approval.
IV. Ordering Clauses
75. Pursuant to the authority contained in Sec. Sec. 1, 4(i),
303(c), 303(f), 303(g), 303(r), 309(j), and 332 of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303(c), 303(f), 303(g),
303(r), 309(j), and 332, this Report and Order is adopted, and parts 1,
27, 74, 90, and 101 of the Commission's rules, 47 CFR parts 1, 27, 74,
90, and 101, are amended to establish policies and procedures directed
at streamlining the filing of applications in Quiet Zone areas. The
rules will become effective June 7, 2004, except for Sec. Sec.
1.924(a)(2) and 1.924(d)(2), which contain information collection
requirements that are not effective until approved by the Office of
Management
[[Page 17957]]
and Budget (OMB). The agency will publish a document in the Federal
Register announcing the effective date of the rules that require
information collection.
76. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Report and
Order, including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Communications common
carriers, Radio, Reporting and recordkeeping requirements,
Telecommunications.
47 CFR Part 27
Communications common carriers, Radio.
47 CFR Part 74
Radio, Reporting and recordkeeping requirements.
47 CFR Part 90
Communications equipment, Reporting and recordkeeping equipment.
47 CFR Part 101
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons set forth in the preamble, amend parts 1, 27, 74, 90
and 101 of title 47 of the Code of Federal Regulations as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309
and 325(e).
0
2. Section 1.924 is amended by revising Quiet zones, the introductory
paragraph, paragraphs (a)(2), (b)(1) table, (b)(3), (d)(2), the Denver,
CO, and Washington, DC, entries following (e)(1) introductory text,
(e)(2), (f)(1)(i), (f)(4)(iii) and (g) and by adding paragraph (d)(4)
to read as follows:
Sec. 1.924 Notifications concerning interference to quiet zones,
radio astronomy, research and receiving installations.
Areas implicated by this paragraph are those in which it is
necessary to restrict radiation so as to minimize possible impact on
the operations of radio astronomy or other facilities that are highly
sensitive to interference. Consent throughout this paragraph means
written consent from the quiet zone, radio astronomy, research, and
receiving installation entity. The areas involved and procedures
required are as follows:
(a) * * *
(2) When an application for authority to operate a station is filed
with the FCC, the notification required in paragraph (a)(1) of this
section may be made prior to, or simultaneously with the application.
The application must state the date that notification in accordance
with paragraph (a)(1) of this section was made. After receipt of such
applications, the FCC will allow a period of 20 days for comments or
objections in response to the notifications indicated. If an applicant
submits written consent from the National Radio Astronomy Observatory
for itself or on behalf of the Naval Radio Research Observatory, the
FCC will process the application without awaiting the conclusion of the
20-day period. For services that do not require individual station
authorization, entities that have obtained written consent from the
National Radio Astronomy Observatory for itself or on behalf of the
Naval Radio Research Observatory may begin to operate new or modified
facilities prior to the end of the 20-day period. In instances in which
notification has been made to the National Radio Astronomy Observatory
prior to application filing, the applicant must also provide notice to
the quiet zone entity upon actual filing of the application with the
FCC. Such notice will be made simultaneous with the filing of the
application and shall comply with the requirements of paragraph (a)(1)
of this section.
* * * * *
(b) * * *
(1) * * *
Field Strength Limits for Table Mountain \1\
------------------------------------------------------------------------
Field strength Power flux density
Frequency range (mV/m) (dBW/m \2\)
------------------------------------------------------------------------
Below 540 kHz............... 10 -65.8
540 to 1600 kHz............. 20 -59.8
1.6 to 470 MHz.............. 10 -65.8
470 to 890 MHz.............. 30 -56.2
890 MHz and above........... 1 -85.8
------------------------------------------------------------------------
\1\ Note: Equivalent values of power flux density are calculated
assuming free space characteristic impedance of 376.7[Omega]
(120[pi][Omega]).
* * * * *
(3) Applicants concerned are urged to communicate with the Radio
Frequency Management Coordinator, Department of Commerce, NOAA R/OM62,
325 Broadway, Boulder, CO 80305; telephone 303-497-6548, in advance of
filing their applications with the Commission.
* * * * *
(d) * * *
(2) In services in which individual station licenses are issued by
the FCC, the notification required in paragraph (d) of this section may
be made prior to, or simultaneously with, the filing of the application
with the FCC, and at least 20 days in advance of the applicant's
planned operation. The application must state the date that
notification in accordance with paragraph (d) of this section was made.
In services in which individual station licenses are not issued by the
FCC, the notification required in paragraph (d) of this section should
be sent at least 45 days in advance of the applicant's planned
operation. In the latter services, the Interference Office must inform
the FCC of a notification by an applicant within 20 days if the Office
plans to file comments or objections to the notification. After the FCC
receives an application from a service applicant or is informed by the
Interference Office of a notification from a service applicant, the FCC
will allow the Interference Office a period of 20 days for comments or
objections in response to the
[[Page 17958]]
application or notification. If an applicant submits written consent
from the Interference Office, the FCC will process the application
without awaiting the conclusion of the 20-day period. For services that
do not require individual station authorization, entities that have
obtained written consent from the Interference Office may begin to
operate new or modified facilities prior to the end of the 20-day
period. In instances in which notification has been made to the
Interference Office prior to application filing, the applicant must
also provide notice to the Interference Office upon actual filing of
the application with the FCC. Such notice will be made simultaneous
with the filing of the application and shall comply with the
requirements of paragraph (d) of this section.
* * * * *
(4) The provisions of paragraph (d) of this section do not apply to
operations that transmit on frequencies above 15 GHz.
(e) * * *
(1) * * *
Denver, CO Area
Rectangle 1:
41[deg]30' 00'' N. Lat. on the north
103[deg] 10' 00'' W. Long. on the east
38[deg] 30' 00'' N. Lat. on the south
106[deg] 30' 00'' W. Long. on the west Rectangle 2:
38[deg] 30' 00'' N. Lat. on the north
105[deg] 00' 00'' W. Long. on the east
37[deg] 30' 00'' N. Lat. on the south
105[deg] 50' 00'' W. Long. on the west
Rectangle 3:
40[deg] 08' 00'' N. Lat. on the north
107[deg] 00' 00'' W. Long. on the east
39[deg] 56' 00'' N. Lat. on the south
07[deg] 15' 00'' W. Long. on the west
Washington, DC Area
Rectangle
38[deg]40'00'' N. Lat. on the north
78[deg]50'00'' W. Long. on the east
38[deg]10'00'' N. Lat. on the south
79[deg]20'00'' W. Long. on the west; or
(2) Within a radius of 178 km of 38[deg]48'00'' N. Lat./
76[deg]52'00'' W. Long.
* * * * *
(f) * * *
(1) * * *
(i) 41[deg]45' 00.2'' N, 70[deg]30' 58.3'' W.,
* * * * *
(4) * * *
(iii) 34[deg]08'59.6'' N, 119[deg]11'03.8'' W;
* * * * *
(g) GOES. The requirements of this paragraph are intended to
minimize harmful interference to Geostationary Operational
Environmental Satellite earth stations receiving in the band 1670-1675
MHz, which are located at Wallops Island, Virginia; Fairbanks, Alaska;
and Greenbelt, Maryland. (1) Applicants and licensees planning to
construct and operate a new or modified station within the area bounded
by a circle with a radius of 100 kilometers (62.1 miles) that is
centered on 37E56'47'' N, 75E27'37'' W (Wallops Island) or 64E58'36''
N, 147E31'03'' W (Fairbanks) or within the area bounded by a circle
with a radius of 65 kilometers (40.4 miles) that is centered on
39E00'02'' N, 76E50'31'' W (Greenbelt) must notify the National Oceanic
and Atmospheric Administration (NOAA) of the proposed operation. For
this purpose, NOAA maintains the GOES coordination web page at http://www.osd.noaa.gov/radio/frequency.htm
, which provides the technical
parameters of the earth stations and the point-of-contact for the
notification. The notification shall include the following information:
requested frequency, geographical coordinates of the antenna location,
antenna height above mean sea level, antenna directivity, emission
type, equivalent isotropically radiated power, antenna make and model,
and transmitter make and model.
(2) Protection. (i) Wallops Island and Fairbanks. Licensees are
required to protect the Wallops Island and Fairbanks sites at all
times.
(ii) Greenbelt. Licensees are required to protect the Greenbelt
site only when it is active. Licensees should coordinate appropriate
procedures directly with NOAA for receiving notification of times when
this site is active.
(3) When an application for authority to operate a station is filed
with the FCC, the notification required in paragraph (f)(1) of this
section should be sent at the same time. The application must state the
date that notification in accordance with paragraph (f)(1) of this
section was made. After receipt of such an application, the FCC will
allow a period of 20 days for comments or objections in response to the
notification.
(4) If an objection is received during the 20-day period from NOAA,
the FCC will, after consideration of the record, take whatever action
is deemed appropriate.
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
0
3. The authority citation for part 27 continues to read:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and
337 unless otherwise noted.
0
4. Section 27.601 is amended by revising paragraph (c)(1)(iii) to read
as follows:
Sec. 27.601 Guard Band Manager authority and coordination
requirements.
* * * * *
(c) * * *
(1) * * *
(iii) Would affect areas described in Sec. 1.924 of this chapter.
* * * * *
0
5. Section 27.803 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 27.803 Coordination requirements.
* * * * *
(b) * * *
(3) That operates in areas listed in part 1, Sec. 1.924 of this
chapter; or
* * * * *
0
5. Section 27.903 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 27.903 Coordination requirements.
* * * * *
(b) * * *
(3) That operates in areas listed under part 1, Sec. 1.924 of this
chapter.
* * * * *
0
6. Section 27.1003 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 27.1003 Coordination requirements.
* * * * *
(b) * * *
(3) That operates in areas listed in part 1, Sec. 1.924 of this
chapter;
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
7. The authority citation for part 74 continues to read:
Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.
0
8. Section 74.25 is amended by revising paragraph (a)(5) to read as
follows:
Sec. 74.25 Temporary conditional operating authority.
* * * * *
(a) * * *
(5) The station site does not lie within an area identified in
Sec. 1.924 of this chapter.
* * * * *
[[Page 17959]]
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
9. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
0
10. Section 90.159 is amended by revising paragraph (b)(5) to read as
follows:
Sec. 90.159 Temporary and conditional permits.
* * * * *
(b) * * *
* * * * *
(5) The applicant has determined that the proposed station affords
the level of protection to radio quiet zones and radio receiving
facilities as specified in Sec. 1.924 of this chapter.
* * * * *
0
11. Section 90.1207 is amended by revising paragraph (b)(1)(iii) to
read as follows:
Sec. 90.1207 Licensing.
* * * * *
(b) * * *
(1) * * *
(iii) The station would affect areas identified in Sec. 1.924 of
this chapter.
* * * * *
PART 101--FIXED MICROWAVE SERVICES
0
12. The authority citation for part 101 continues to read as follows:
Authority: 47 U.S.C. 154, 303.
0
13. Section 101.31 is amended by revising paragraph (b)(1)(v) to read
as follows:
Sec. 101.31 Temporary and conditional authorizations.
* * * * *
(b) * * *
(1) * * *
(v) The station site does not lie within 56.3 kilometers of any
international border, within areas identified in Sec. Sec. 1.924(a)
through (d) of this chapter unless the affected entity consents in
writing to conditional operation or, if operated on frequencies in the
17.8-19.7 GHz band, within any of the areas identified in Sec. 1.924
of this chapter;
* * * * *
0
14. Section 101.525 is amended by revising paragraph (a)(1)(iii) to
read as follows:
Sec. 101.525 24 GHz system operations.
* * * * *
(a) * * *
(1) * * *
(iii) The station would affect areas identified in Sec. 1.924 of
this chapter.
* * * * *
0
15. Section 101.1009 is amended by revising paragraph (a)(1)(iii) to
read as follows:
Sec. 101.1009 System operations.
* * * * *
(a) * * *
(1) * * *
(iii) The station would affect areas identified in Sec. 1.924 of
this chapter.
* * * * *
0
16. Section 101.1329 is amended by revising paragraph (c) to read as
follows:
Sec. 101.1329 EA Station license, location, modifications.
* * * * *
(c) The station would affect areas identified in Sec. 1.924 of
this chapter.
[FR Doc. 04-7799 Filed 4-5-04; 8:45 am]
BILLING CODE 6712-01-P