[Federal Register Volume 60, Number 72 (Friday, April 14, 1995)]
[Rules and Regulations]
[Pages 18999-19000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9219]



=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 90

[FCC No. 95-115]


Conditional Waiver To Use Television Channel 16 (482-488 MHz) in 
New York City Metropolitan Area for Public Safety Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; waiver.

-----------------------------------------------------------------------

SUMMARY: The Commission waives its rules regarding the allocation for 
spectrum for television broadcast service to permit the temporary 
assignment of frequencies in the 482-488 MHz band (television Channel 
16) to public safety agencies in the New York City metropolitan area. 
Public safety use of these frequencies will be permitted for a period 
of at least five years or until the Commission assigns Channel 16 in 
New York City for advanced television service (ATV) and the television 
broadcast licensee is then ready to commence operation. This band is 
currently allocated to the broadcasting service but is not allotted for 
use in New York City. We find that circumstances exist that warrant a 
waiver of our rules to permit use of this spectrum by public safety 
radio services in the New York City metropolitan area. Granting this 
conditional waiver will provide public safety agencies with immediate 
spectrum relief that is urgently needed in the congested New York City 
metropolitan area.

EFFECTIVE DATE: May 15, 1995.

FOR FURTHER INFORMATION CONTACT:
Ray LaForge, Office of Engineering and Technology, telephone (202) 739-
0598.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
adopted on March 14, 1995 and released on March 17, 1995. The complete 
text of this Order is available for inspection and copying during 
normal business hours in the FCC Public Reference Center (Room 239), 
1919 M Street, NW., Washington, DC. The complete text of this Order 
also may be purchased from the Commission's duplication contractor, 
International Transcription Service, Inc., 2100 M Street, NW., Suite 
140, Washington, DC 20036, (202) 857-3800.

Summary of Order

    The Commission concluded that the public safety agencies in the New 
York City metropolitan area have an urgent and immediate need for 
additional spectrum capacity for public safety communications. Further, 
we held that use of Channel 16 will provide immediate and necessary 
relief to these public safety agencies and will also allow for 
development of interoperability of communications between the public 
safety agencies. Finally, we decided that this spectrum relief for the 
New York City public safety agencies can be accomplished without 
adversely affecting existing TV operations or our plans for 
implementation of ATV. Therefore, we found that the conditional grant 
of a waiver to the Agencies to use television Channel 16 is in the 
public interest. We are conditioning the grant of the waiver to reflect 
the concerns of broadcasters, as indicated in the Appendix.

Ordering Clauses

    It is hereby ordered that, the Joint Request for Waiver filed by 
the New York Public Safety Agencies is granted to the extent discussed 
herein, for a period of at least five years or until any television 
broadcast licensee in the New York City metropolitan area initiates use 
of Channel 16 for ATV broadcast operations, whichever is longer, 
Sections 2.106 and 90.311 of the Commission's Rules are waived so that 
New York City metropolitan area public safety agencies may use 482-488 
MHz, for land mobile public safety services under the conditions 
specified in the Appendix. It is hereby further ordered that the 
Request for Waiver filed by the New York City Transit Police Department 
to use television Channel 19 Is Dismissed. These actions are taken 
pursuant to sections 4(i), 303 (c), (f), (g), and (r), and 309(a) of 
the Communications Act of 1934, as amended, 47 U.S.C. sections 154(i), 
303 (c), (f), (g), and (r).

List of Subjects

47 CFR Part 2

    Radio.

47 CFR Part 90

    Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Appendix

    In order to prevent interference between the proposed land mobile 
operations on Channel 16 in New York City and the existing television 
operations of WNEP-TV in Scranton, Pennsylvania on Channel 16 (FCC File 
Number BLCT-2623) and WPHL-TV in Philadelphia, Pennsylvania on Channel 
17 (FCC File Number BLCT-2611), the [[Page 19000]] proposed land mobile 
operation will be restricted as follows:
    Base station operation is permitted in the five boroughs of New 
York City and Nassau, Westchester and Suffolk Counties in New York, and 
Bergen County, New Jersey. Mobile operation is permitted in these 
counties and boroughs as well as outside these areas provided the 
distance from the Empire State Building (Geographic Coordinates: 
40 deg.44'54'' N, 73 deg.59'10'' W) does not exceed 48 kilometers (30 
miles).

Co-Channel Television Protection

    For base stations to be located in the five boroughs that comprise 
the City of New York and other jurisdictions east of the Hudson River 
and Kill Van Kull, the maximum effective radiated power (ERP) will be 
limited to 225 watts at an antenna height of 152.5 meters (500 feet) 
above average terrain. Adjustment of the permitted power will be 
allowed provided it is in accordance with the ``169 kilometer Distance 
Separation'' entries specified in Table B or prescribed by Figure B of 
Section 90.309(a)(5) of the Rules.
    For base stations to be located west of the Hudson River, the 
maximum ERP will be limited to the entries specified in Table B or 
prescribed by Figure B of Section 90.309(a)(5) of the Rules for the 
actual separation distance between the land mobile base station and the 
transmitter site of WNEP-TV, Scranton (Geographic Coordinates: 
41 deg.10'58'' N, 75 deg.52'21'' W).
    Mobile stations associated with such base stations will be 
restricted to 100 watts ERP in the area of operation extending eastward 
from the Hudson River and 10 watts ERP in the area of operation 
extending westward from the Hudson River. These restrictions offer 40 
dB of protection to the Grade B coverage contour of WNEP-TV, Scranton.

Adjacent Channel Television Protection

    The above parameters and conditions are considered to be sufficient 
to protect first-adjacent channel television station WPHL-TV, 
Philadelphia (Geographic Coordinates: 40 deg.02'30'' N, 75 deg.14'24'' 
W). Operation of mobile units within a radius of 48 kilometers (30 
miles) from the Empire State Building would be no closer than 8 
kilometers (5 miles) from the WPHL Grade B coverage contour. This will 
offer a 0 dB protection ratio to WPHL-TV.

Low Power Television Protection

    LPTV station W17BM has no responsibility to protect land mobile 
operations on adjacent TV Channel 16 other than from spurious 
emissions. Land mobile licensees must correct, at their expense, 
interference caused by their operations to the reception of W17BM 
within its protected signal contour as defined in Section 74.707 of the 
Rules.

Periodic Reports

    The Joint Committee of broadcasters and public safety agencies--as 
contemplated in the agreement--will file annual reports with the 
Commission regarding the status of implementation and progress toward 
the development of new spectrum efficient systems.

[FR Doc. 95-9219 Filed 4-13-95; 8:45 am]
BILLING CODE 6712-01-M