[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Rules and Regulations]
[Pages 8309-8311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2949]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2
[GEN Docket No. 90-357; FCC 95-17]
New Digital Audio Radio Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: By this action the Commission amends its rules regarding
frequency allocation to allocate spectrum in the 2310-2360 MHz band for
new satellite digital audio radio services (DARS). This action will
bring about a new service, which will provide enhanced quality of
reception and increased program diversity to all markets nationwide.
EFFECTIVE DATE: March 16, 1995.
FOR FURTHER INFORMATION CONTACT:
Lynn L. Remly, Office of Engineering and Technology, at (202) 776-1623.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in GEN Docket No. 90-357, adopted January 12, 1995 and
released January 18, 1995. By this action, the Commission amends its
Rules with regard to the establishment and regulation of new satellite
digital audio radio services. The full text of this decision is
available for inspection and copying during normal business hours in
the FCC Dockets Reference Center (Room 239), 1919 M Street, N.W.,
Washington, D.C. 20554. The full text of this decision may also be
purchased from the Commission's copy contractor, International
Transcription Service, Inc., (202) 857-3800, 2100 M Street N.W.,
Washington, D.C. 20037.
Summary of Order
1. In 1990, three parties requested the Commission to allocate
spectrum or otherwise authorize the provision of digital audio radio
services. On May 18, 1990, Satellite CD Radio, Inc. (SCDR) filed a
Petition for Rule Making in which it requested spectrum to offer a
compact disk quality digital audio radio [[Page 8310]] service to be
delivered by satellites and complementary radio transmitters. On May
22, 1990, Radio Satellite Corporation filed a Request for Authorization
to build and operate an earth station that would provide DARS and other
mobile satellite services over a system planned to be built by the
American Mobile Satellite Corporation in the 1.6/2.4 GHz bands.
Finally, on July 27, 1990, Strother Communications, Inc. filed a
Petition for Rule Making requesting that the Commission allocate
spectrum and adopt rules for terrestrial digital audio broadcasting
services.
2. In August 1990, the Commission issued a Notice of Inquiry (NOI),
55 FR 34940 (August 27, 1990), soliciting information necessary to
identify spectrum and develop technical rules and regulatory policies
for DARS in the United States. In the NOI, we noted international
interest in the development of digital sound broadcasting and expressed
concern that the United States would be disadvantaged if it did not
participate in this new technology. In a parallel effort, by a series
of inquiries between 1989 and 1991, the Commission solicited comment on
appropriate U.S. positions to be taken at the 1992 World Administrative
Radio Conference (WARC-92). We sought comment on possible spectrum to
be used for the provision of high-quality audio programming by the
broadcasting satellite service (BSS Sound). Based on the inquiries, and
in coordination with the National Telecommunications Information
Administration (NTIA), the Commission supported a U.S. position seeking
an allocation for satellite and complementary terrestrial DARS at 2310-
2360 MHz.
3. At WARC-92, three different BSS (Sound) allocations were
adopted. International Radio Regulation RR750B allocated the 2310-2360
MHz band in the United States for digital audio satellite broadcasting
(BSS Sound). This allocation, like those adopted for other areas of the
world, was limited to audio broadcasting by digital modulation. In
November 1992 the Commission released the Notice of Proposed Rule
Making and Further Notice of Inquiry (NPRM), 57 FR 57049 (December 2,
1992), in which we proposed to adopt the WARC-92 allocation of 2310-
2360 MHz for satellite DARS; proposed to accommodate aeronautical
telemetry services now operating in the 2310-2390 MHz band at 2360-2390
MHz; and solicited comment on regulatory and technical aspects of
satellite DARS. Also in 1992, we accepted for comment SCDR's license
application and invited competing applications. Digital Satellite
Broadcasting Company, Primosphere Limited Partnership, and American
Mobile Radio Corporation each submitted applications. As a result,
there are currently four pending satellite DARS license applications.
4. Further, two industry committees are presently considering DARS
technical standards issues. The Electronics Industry Association (EIA)
has formed a subcommittee to consider the development of standards for
terrestrial and satellite DARS. Also, the National Radio Systems
Committee (NRSC) has agreed to examine terrestrial DARS systems which
would operate in the AM or FM broadcast bands, and EIA and NRSC are
cooperating in testing such DARS technologies.
5. Comments to the NPRM comprised a wide variety of parties.
Proponents of the allocation, including potential DARS providers,
equipment manufacturers, and potential users, state that there will be
major benefits from satellite DARS. These parties argued generally that
a satellite-delivered system will meet the needs of unserved and
undeserved markets as well as provide enhanced quality of reception and
increased audio program diversity. Further, they pointed out that a
satellite DARS system that would provide enhanced quality of reception
for all listeners is currently feasible. In addition, they asserted
that the allocation would create economic opportunities in the United
States for various segments of industry, especially manufactures of
DARS-related equipment. Finally, proponents argued that a satellite
DARS allocation will improve U.S. competitiveness in the world
marketplace. Opponents, primarily existing broadcast entities, either
rejected a satellite DARS allocation or recommended that an allocation
not be until terrestrial DARS allocation options have been fully
explored. Many of these commenters argued that satellite systems will
adversely impact present AM/FM radio services by driving local stations
out of business. This, they contended, will cause a loss of local
service, which a satellite service by its nature cannot replace. This
effect, these opponents argued, contravenes the intent of the
Communications Act of 1934 that local needs be met by broadcast media.
In addition, opponents argued that programming will become less, not
more, diverse as a result of satellite DARS. Some commenters did not
oppose a satellite DARS allocations, but recommended that the
Commission allocate frequencies in the 1.4-1.5 GHz band in lieu of the
proposed allocation.
6. In the Report and Order the Commission allocates spectrum in the
2310-2360 MHz band for new satellite DARS. This domestic allocation is
in accordance with the international allocation made at WARC-92. We are
making this allocation, rather than an alternative allocation in the
1.4-1.5 GHz band, because it was strongly favored by commenters and
because this band was allocated for BSS (Sound) at WARC-92. Satellite
DARS will provide continuous radio service of compact disk quality on a
nationwide or regional basis, including areas which are presently
unserved or underserved. In addition, this new service will provide
opportunities for domestic economic development and will improve U.S.
competitiveness in the world marketplace by promoting rapid
technological development in various areas, such as satellite
communications and audio compression. Furthermore, we continue to
support efforts to implement terrestrial DARS technology. We believe
that existing radio broadcasters can and should have the opportunity to
profit from new digital radio technologies, and we anticipate that
technical advances will soon permit both AM and FM broadcasters to
offer improved digital sounds. These innovations will also help promote
the future viability of our terrestrial broadcasting system, which
provides local news and public affairs programming. Finally, we note
that we are deferring licensing and service rules for satellite DARS
until a further proceeding.
Ordering Clauses
Accordingly, it is ordered, that Part 2 of the Commission's Rules
is amended as specified below, effective March 16, 1995. This action is
taken pursuant to Sections 4(i), 7(a), 302, 303(c), 303(f), 303(g), and
303(r) of the Communications Act of 1934, as amended, 47 U.S.C.
Sections 154(i), 157(a), 302, 303(c), 303(f), 303(g), and 303(r).
List of Subjects in 47 CFR Part 2
Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Part 2 of Chapter I of Title 47 of the Code of Federal Regulations
is amended as follows: [[Page 8311]]
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
1. The authority citation for Part 2 continues to read as follows:
Authority: Sec. 4, 302, 303, and 307 of the Communications Act
of 1934, as amended, 47 U.S.C. Sections 154, 154(i), 302, 303,
303(r), and 307, unless otherwise noted.
2. Section 2.106, the Table of Frequency Allocations is amended as
follows:
a. The entry for 2300-2450 MHz is removed and new entries for 2300-
2450 MHz are added in numerical order.
b. International footnotes No. 743A is removed and Nos. 750B, 751A,
and 751B are added in numerical order.
c. United States (US) footnotes Nos. US327 and US328 are added in
numerical order.
The additions read as follows:
Sec. 2.106 Table of Frequency Allocations
International table United States table FCC use designators
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Government Non-Government
Region 1--allocation Region 2--allocation Region 3--allocation -------------------------------------------- Rule part(s) Special-use
MHz MHz MHz Allocation MHz Allocation Mhz frequencies
(1) (2)................. (3)................. (4)................. (5)................. (6)................. (7)
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* * * * * * *
2300-2450, FIXED, 2300-2450, FIXED, .................... 2300-2310, 2300-2310, Amateur, Amateur (97)........
MOBILE, Amateur, MOBILE, RADIOLOCATION, US253.
Radiolocation. RADIOLOCATION, Fixed, Mobile,
Amateur. US253 G2.
2310-2360, Mobile, 2310-2360, .................... Digital Audio Radio
Radiolocation, BROADCASTING-, Services
Fixed, US276 US327 SATELLITE, Mobile,
US328 G2 751B US276 US327
G120. US328 751B.
2360-2390, MOBILE, 2360-2390 MOBILE
RADIOLOCATION, US276.
Fixed US276 G2
G120.
2390-2450 2390-2450 Amateur... Amateur (97)........
RADIOLOCATION.
664 751A 752...... 664 750B 751 751B .................... 664 752 G2........ 664 752............
752.
* * * * * * *
International Footnotes
* * * * *
750B Additional allocation: In the United States of America and
India, the band 2310-2360 MHz is also allocated to the broadcasting-
satellite service (sound) and complementary terrestrial broadcasting
service on a primary basis. Such use is limited to digital audio
broadcasting and is subject to the provisions of Resolution 528.
* * * * *
751A In France, the use of the band 2310-2360 MHz by the
aeronautical mobile service for telemetry has priority over other
uses by the mobile service.
751B Space stations of the broadcasting-satellite service in
the band 2310-2360 MHz operating in accordance with No. 750B that
may affect services to which this band is allocated in other
countries shall be coordinated and notified in accordance with
Resolution 33. Complementary terrestrial broadcasting stations shall
be subject to bilateral coordination with neighboring countries
prior to their bringing into use.
* * * * *
United States (US) Footnotes
* * * * *
US327 The band 2310-2360 MHz is allocated to the broadcasting-
satellite service (sound) and complementary terrestrial broadcasting
service on a primary basis. Such use is limited to digital audio
broadcasting and is subject to the provisions of Resolution 528.
US328 In the band 2310-2360 MHz, the mobile and radiolocation
services are allocated on a primary basis until 1 January 1997 or
until a broadcasting-satellite (sound) service has been brought into
use in such a manner as to affect or be affected by the mobile and
radiolocation services in those service areas, whichever is later.
The broadcasting-satellite (sound) service during implementation
should also take cognizance of the expendable and reusable launch
vehicle frequencies 2312.5, 2332.5, and 2352.5 MHz, to minimize the
impact on this mobile service use to the extent possible.
* * * * *
[FR Doc. 95-2949 Filed 2-13-95; 8:45 am]
BILLING CODE 6712-01-M