[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Proposed Rules]
[Pages 10341-10343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4556]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 95-17; FCC 95-35]


Protection of Radio Astronomy Operation on TV Channel 37

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission proposes to amend its broadcast station rules 
to protect radio astronomy activity on TV Channel 37. This action is 
necessary to ensure the most efficacious use of extremely sensitive, 
state-of-the-art radio astronomy equipment. The intended effect is to 
maximally enhance radio astronomy observations without imposing a 
significant burden on television broadcasters.

DATES: Comments must be filed by March 31, 1995. Reply comments must be 
filed by April 21, 1995.

ADDRESSES: Federal Communication Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:
James E. McNally, Jr. or Gordon W. Godfrey, Mass Media Bureau, 
Engineering Policy Branch, (202) 418-2190

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making in MM Docket No. 95-17 adopted January 
27, 1995, and released on February 21, 1995. The complete text of this 
Notice of Proposed Rule Making is available for inspection and copying 
during normal business hours in the FCC Reference Center, Room 239), 
1919 M Street NW., Washington, DC, and may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., (202) 857-3800, 2100 M Street NW., Suite 140, Washington, D.C. 
20037.

Synopsis of Notice of Proposed Rulemaking

Introduction

    1. The Commission proposes a number of actions designed to protect 
radio astronomy operations on Channel 37 of the UHF television 
broadcasting band. Specifically, it proposes to amend Parts 73 and 74 
of our rules to include the geographical coordinates of thirteen radio 
astronomy sites where TV Channel 37 frequencies (608-614 megahertz) are 
used for radio astronomy observations. The sites are at the following 
locations:

                                                                                                                
[[Page 10342]]                                                                                                  
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              Location                   N. latitude      W. longitude  
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Kitt Peak, AZ.......................  31 deg.57'23''    111 deg.36'45'' 
Owens Valley, CA....................  37 deg.13'54''    118 deg.16'34'' 
Mauna Kea, HI.......................  19 deg.48'16''    155 deg.27'29'' 
North Liberty, IA...................  41 deg.46'17''    91 deg.34'27''  
Hancock, NH.........................  42 deg.56'01''    71 deg.59'12''  
Los Alamos, NM......................  35 deg.46'31''    106 deg.14'44'' 
Pie Town, NM........................  34 deg.18'04''    108 deg.07'09'' 
Socorro, NM.........................  34 deg.03'43''    107 deg.37'04'' 
Arecibo, PR.........................  18 deg.20'46''    66 deg.45'11''  
Fort Davis, TX......................  30 deg.38'06''    103 deg.56'41'' 
Saint Croix, VI.....................  17 deg.45'31''    64 deg.35'03''  
Brewster, WA........................  48 deg.07'52''    119 deg.41'00'' 
Green Bank, WV......................  38 deg.25'59''    79 deg.25'59''  
------------------------------------------------------------------------

    The Commission also proposes a means by which such sites may be 
protected from interference by television stations operating on 
Channels 36 and 38. Further proposed is that the one currently 
authorized TV station which does not provide the proposed protection 
would be allowed to continue operating with its authorized facilities, 
but would not be allowed to increase its field strength in the 
direction of the affected radio astronomy site. Finally, the Commission 
proposes to delete one vacant TV allotment that is located near one of 
the radio astronomy sites.

Background

    2. The Commission has reserved TV Channel 37 exclusively for radio 
astronomy service. Footnote US74 in Section 2.106 of the Commission's 
Rules states in part that ``the radio astronomy service shall be 
protected from extraband radiation only to the extent that such 
radiation exceeds the levels which would be present if the offending 
station were operating in compliance with the technical standards or 
criteria applicable to the service in which it operates.'' Thus, a 
radio astronomy site is afforded any limited and uncertain protection 
by the rules. The Commission's rules do not identify the locations of 
radio astronomy operations using Channel 37, which prevents TV station 
applicants from considering these operations as they design their 
proposed TV facilities. As a result, the Commission could properly but 
inadvertently authorize TV facilities at locations closer to radio 
astronomy observation sites than may be desirable.
    3. To prevent such actions in the future, the National Academy of 
Sciences' Committee on Radio Frequencies (CORF) petitioned the 
Commission to amend the rules to include the locations of thirteen 
radio astronomy sites that currently or will make use of Channel 37, to 
adopt an 87.7 kilometer (54.5 mile) separation requirement applicable 
to adjacent channel television stations and to delete Channel 38 at 
Hilo, Hawaii, from the TV Table of Allotments.

Discussion

    4. The Commission believes that CORF's proposal merits 
consideration and wishes to examine whether some additional protection 
can be afforded to radio astronomy sites without significant adverse 
impact on broadcast services. The Commission recognizes that the 
sensitivity of radio astronomy equipment today is undoubtedly much 
greater than it was in 1963. Also, the identified radio astronomy 
locations are mostly in rural areas. Comment is sought on whether TV 
spectrum is scarce is any of these areas, either for the existing TV 
service or considering the new advanced TV service that the Commission 
is proposing in MM Docket No. 87-268.
    5. The Commission also requests comments on an alternative approach 
which is functionally equivalent to the one advocated by CORF but which 
is more flexible than a fixed distance separation requirement and thus 
less burdensome to broadcasters. The Commission proposes to set a limit 
on the field strength that a TV station on Channel 36 or 38 could 
produce at the coordinates of radio astronomy sites designated by CORF. 
Basing the proposed protection on field strength will permit stations 
to be located closer to the radio astronomy sites than the fixed 
distance separation would allow, if the signal radiated toward the 
radio astronomy site is suppressed by an appropriate amount.
    6. A maximum facility UHF-TV station would deliver a field strength 
of approximately 72 dBu at 87.7 kilometers. However, the Commission 
believes that CORF may not have intended to imply that a 72 dBU field 
strength restriction would provide adequate protection. A lower field 
strength value is more consistent with the power and antenna height at 
which UHF-TV stations typically operate. Rather than using maximum 
allowable facilities, a more typical UHF station has an effective 
radiated power (ERP) between 1 and 5 MW and an antenna height above 
average terrain (HAAT) in the vicinity of 350 meters (1150 feet). These 
facilities produce a field strength of 57 to 64 dBu at 87.7 kilometers 
(km). Thus, the Commission proposes to use 64 dBu as the limit on the 
field strength that a Channel 36 or 38 TV station is permitted to 
produce at a radio astronomy site.
    7. The Commission proposes to apply the same field strength limit 
to low power TV stations, TV translators and TV boosters. Since such 
stations operate with significantly smaller facilities than full 
service UHF-TV stations, the proposed approach would permit them much 
greater flexibility in terms of location, while providing the radio 
astronomy sites a level of protection equal to that provided by the 
more powerful full service stations. Compliance with the field strength 
restriction would be determined using the standard prediction methods 
and the Commission's F(50, 50) propagation curves. Comments should 
address whether 72 dBu, 64 dBu or some other field strength value 
provides adequate protection for the Channel 37 radio astronomy 
operations and whether these values impose a significant burden on TV 
use of these two channels. Parties that favor a fixed separation 
distance as proposed by CORF should identify the distance they believe 
is correct and support their choice.
    8. A review of Commission records indicates that only one full 
service TV station currently operates with facilities that produce a 
predicted field strength in excess of 64 dBu at any of the identified 
radio astronomy sites. WJWN-TV, Channel 38, San Sebastian, PR, is 
licensed at an ERP of 85.1 kW and HAAT of 332 meters (m). At 90 degrees 
True, which is toward the Arecibo radio astronomy site, the WJWN-TV 
facilities are 85.1 kW at 232 m. With the distance between sites of 
45.1 km, the predicted field strength at the radio astronomy facility 
is 67 dBu. While no other station currently authorized on Channels 36 
or 38 would exceed the proposed field strength of 64 dBu, there are 
three other full service stations that would be precluded from 
increasing to the maximum normally permitted facilities by adoption of 
the proposed protection standard. They are KQCT (TV) on Channel 36 in 
Davenport, Iowa, WSBK-TV on Channel 38 in Boston, Massachusetts and 
WDWL (TV) on Channel 36 in Bayamon, Puerto Rico.
    9. In light of the preceding discussion, the Commission believes 
that a general grandfathering provision, covering any existing or 
proposed facilities, is unnecessary. The WJWN-TV situation discussed 
above would be considered as a waiver of the proposed rule. WJWN-TV 
would not be permitted to modify its facilities in such a way as to 
increase its predicted field strength at the Arecibo radio astronomy 
site. All other existing [[Page 10343]] and future stations would be 
required to comply with the proposed 64 dBu limit when planning future 
facilities.
    10. Comment also is requested on whether applicants for new 
facilities (or those proposing to modify existing facilities) on 
Channel 36 or Channel 38 that would be within 87.7 kilometers (55 
miles) of a listed radio astronomy site should be required to notify 
CORF (or some other appropriate radio astronomy representative) 
concerning their proposed facilities. The proposed rules, coupled with 
the Commission's application processing procedures, are probably 
sufficient to ensure protection to radio astronomy facilities. However, 
comment is sought on whether notification procedures similar to those 
contained in Section 73.1030 would serve any useful purpose. Moreover, 
if such notification is considered expedient, comment is sought on the 
most appropriate entity to notify. While the proposed rules do not 
contain a notification requirement, the Commission may adopt such a 
requirement if the comments indicate that a significant benefit may be 
afforded by such notification.
    11. Finally, with respect to the allotment aspects of CORF's 
petition, the Commission proposes to delete the Channel 38 allotment 
currently specified for Hilo, Hawaii. This proposal appears to have 
only a very minimal impact on the TV broadcast service because both 
channels 20 and 26 would remain available as vacant non-reserved 
channel allotments in Hilo. Further, the Commission proposes to require 
that petitions for rulemaking proposing Channel 36 or 38 allotments 
which would be located within 87.7 kilometers (55 miles) of a radio 
astronomy site, must demonstrate compliance with the radio astronomy 
facility protection criteria adopted as a result of this proceeding.

Administrative Matters

Ex Parte Rules--Non-Restricted Proceeding

    12. This is a non-restricted notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in 
Commission rules. See generally 47 C.F.R. Secs. 1.1202, 1.1203 and 
1.1206(a).

Comment Information

    13. Pursuant to applicable procedures set forth in Secs. 1.415 and 
1.419 of the Commission's Rules, 47 C.F.R. Secs. 1.415 and 1.419, 
interested parties may file comments on or before March 31, 1995 and 
reply comments on or before April 21, 1995. To file formally in this 
proceeding, you must file an original plus four copies of all comments, 
reply comments, and supporting comments. If you want each Commissioner 
to receive a personal copy of your comments, you must file an original 
plus nine copies. You should send comments and reply comments to Office 
of the Secretary, Federal Communications Commission, Washington, D.C. 
20554. Comments and reply comments will be available for public 
inspection during regular business hours in the FCC Reference Center 
(Room 239), 1919 M Street, N.W., Washington, D.C. 20554.

Regulatory Flexibility Act

    14. As required by Sec. 603 of the Regulatory Flexibility Act, the 
Commission has prepared the following Initial Regulatory Flexibility 
Analysis (IRFA) of the expected impact on small entities of the 
proposals suggested in this document. Written public comments are 
requested on the IRFA. These comments must be filed in accordance with 
the same filing deadlines as comments on the rest of the Notice, but 
they must have a separate and distinct heading designating them as 
responses to the Initial Regulatory Flexibility Analysis. The Secretary 
shall send a copy of this Notice of Proposed Rule Making, including the 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with paragraph 603(a) of the Regulatory 
Flexibility Act (Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601 et seq. 
(1981)).

Reason for Action

    Footnote US74 to the Table of Frequency Allocations contained in 
Section 2.106 of the Commission's rules specifies that radio astronomy 
facilities using the spectrum 608 to 614 MHz (TV Channel 37) are to 
``be protected from extraband radiation only to the extent that such 
radiation exceeds the level which would be present if the offending 
station were operating in compliance with the technical standards or 
criteria applicable to the service in which it operates.'' This 
language is not sufficiently clear to precisely establish the 
protection that radio astronomy facilities should be afforded. Also, 
because the locations of radio astronomy facilities were not known to 
broadcast applicants, the Commission has authorized construction of 
full service and low power television stations in close proximity to 
radio astronomy facilities, thereby potentially causing interference.

Objectives

    This action is intended to eliminate the possibility of future 
authorization of facilities in excessive proximity to radio astronomy 
operations. The Commission proposes to amend its rules to specify the 
latitude and longitude of thirteen radio astronomy sites and to impose 
a simple field strength restriction that would apply to stations 
authorized on adjacent channels (i.e., Channels 36 and 38). This would 
effectively preclude interference to radio astronomy facilities.

Legal Basis

    Authority for the actions proposed in this Notice may be found in 
Sections 4 and 303 of the Communications Act of 1934, as amended, 47 
U.S.C. Secs. 154 and 303.

Reporting, Recordkeeping, and Other Compliance Requirements

    None.

Federal Rules which Overlap, Duplicate, or Conflict With the Proposed 
Rule

    None.

Description, Potential Impact and Number of Small Entities Involved

    Because radio astronomy installations are located in rural areas, 
the number of station applications which may be affected by the field 
strength requirement should be very small, perhaps averaging less than 
one per year. In such cases, the applicant would need to design the 
facilities to limit the field strength produced at the radio astronomy 
site or possibly select another site. But because the protection 
requirement would be known in advance, there would be no relocation 
cost. There would be no impact on current broadcast licensees.

Any Significant Alternatives Minimizing the Impact on Small Entities 
and Consistent With the Stated Objectives

    There are none apparent.

List of Subjects in 47 CFR Part 73

    Television broadcasting.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-4556 Filed 2-23-95; 8:45 am]
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