[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Rules and Regulations]
[Pages 27507-27511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13148]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 24

[GEN Docket No. 90-314; ET Docket No. 92-100; PP Docket No. 93-253; FCC 
97-140]


Narrowband Personal Communications Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this Report and Order, the Commission clarifies that its 
power and antenna height rules apply to regional as well as other 
narrowband Personal Communications Services (narrowband PCS) licenses, 
declines to provide special relief for those affected by the Canadian 
Interim Sharing Arrangement, and establishes competitive bidding rules 
for awarding the remaining authorizations for narrowband PCS. These 
changes clarify current Commission rules and establish procedures for 
awarding and licensing narrowband PCS in the future.

EFFECTIVE DATE: July 21, 1997.

FOR FURTHER INFORMATION CONTACT: Alice Elder or Mark Bollinger at (202) 
418-0660 (Wireless Telecommunications Bureau/Auctions Division) or 
David Furth or Rhonda Lien at (202) 418-0620 (Wireless 
Telecommunications Bureau/Commercial Wireless Division).

SUPPLEMENTARY INFORMATION: This is a summary of the Report and Order, 
GEN Docket No. 90-314, ET Docket No. 92-100 and PP Docket 93-253, 
adopted April 17, 1997 and released April 23, 1997. The complete text 
of the Report and Order is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room 239), 1919 M 
Street, N.W., Washington D.C. and also may be purchased from the 
Commission's copy contractor, International Transcription Services 
(202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, D.C. 20037.

Synopsis of the Report and Order

Background

    1. In the First Report and Order, 58 FR 42681 (August 11, 1993), 
the Commission provided for operation of new narrowband Personal 
Communications Services (PCS) in the 900 MHz band. The Commission 
broadly defined PCS as mobile and fixed communications offerings that 
serve individuals and businesses, and can be integrated with a variety 
of competing networks. The Commission declined to adopt a restrictive 
definition of narrowband PCS in order to promote other potential 
narrowband services. The Commission also adopted a spectrum allocation 
and channelization plan, licensing rules, and technical standards for 
narrowband PCS. The Commission determined that PCS is subject to 
competitive bidding in the case of eligible parties with competing 
applications.
    2. In the Competitive Bidding Second Report and Order, 59 FR 22980 
(May 4, 1994), the Commission adopted general competitive bidding rules 
for auctionable services. In the Competitive Bidding Third Report and 
Order, 59 FR 26741 (May 24, 1994) the Commission established 
competitive bidding rules specifically for narrowband PCS. On 
reconsideration of that Order, the Commission revised certain auction 
processing rules, expanded special provisions for designated entities 
in future narrowband auctions, and sought comment on additional 
designated entity provisions for the upcoming narrowband PCS auction. 
Of the three MHz of 900 MHz spectrum allocated for narrowband PCS, two 
one-MHz blocks are currently divided into specific channels for 
immediate licensing. The remaining one MHz of narrowband PCS spectrum 
currently is reserved to accommodate future development of narrowband 
PCS.
    3. Thus far the Commission has conducted two auctions for 
narrowband PCS licenses. As a result of these two auctions, ten 
nationwide narrowband PCS licenses and six regional narrowband PCS 
licenses in five different regions, totalling 30 regional licenses, 
have been issued. Auctions have not yet been conducted for the 
narrowband PCS spectrum currently designated for licensing in 51 Major 
Trading Areas (MTAs) and 493 Basic Trading Areas (BTAs). In addition, 
the 204 MTA licenses and 1,968 BTA licenses designated as unpaired 
response channels also have not been auctioned.

Report and Order

A. Service Rules

1. Power and Antenna Height Limits
    4. In the PCS Memorandum Opinion & Order, 59 FR 14115 (March 25, 
1994), the Commission created regional service areas for narrowband 
PCS. Section 24.132 of its rules, which govern power and antenna height 
limits, currently applies to MTA and BTA service areas and does not 
mention regional service areas. See 47 CFR 24.132.
    5. The Commission clarifies that Sec. 24.132 of its rules applies 
to the regional service areas as well as MTA service areas. The 
Commission amends paragraphs (d) and (e) of Sec. 24.132 to reflect that 
these rules apply to regional areas. See 47 CFR 24.132. Regional base 
stations, in addition to MTA base stations, must operate at reduced 
heights and power limits near service area borders in order to protect 
adjacent licensees from interference. In addition, the Commission 
clarifies that a narrowband PCS licensee holding a license for the same 
channel in an adjacent region or MTA is not required to reduce height 
and power to protect itself.

[[Page 27508]]

2. Canadian Interim Sharing Arrangement
    6. On September 22, 1994, the United States and Canada entered into 
an interim sharing arrangement with respect to use of narrowband PCS 
channels in border areas. Under the Canadian Interim Sharing 
Arrangement (Sharing Arrangement), MTA and BTA licensees on certain 
narrowband PCS channels are not permitted to locate base stations 
within 75 miles of the U.S./Canadian border. These licensees are 
further prohibited from operating mobile stations in a manner that 
causes interference to the primary Canadian channels. Because the 
Sharing Arrangement was not yet finalized before the regional 
narrowband PCS auction bidder package was released, on August 22, 1994, 
the Sharing Arrangement was not included in the bidder package. 
However, by Public Notice, the Commission announced the Sharing 
Arrangement five days prior to the commencement of the regional 
narrowband PCS auction on October 26, 1994. Additionally, a Public 
Notice released December 21, 1994 invited comment on the effect of the 
Sharing Agreement on narrowband PCS licensing.
    7. The Commission concludes that special relief for parties 
affected by the Sharing Arrangement is not necessary. Over the next 
year the Commission will negotiate vigorously with Canada for full 
coordination and accommodation of narrowband PCS license winners. 
Moreover, parties were fully aware of the Sharing Arrangement at the 
time of the regional auction, given that a Public Notice concerning the 
Sharing Arrangement was released before the regional narrowband auction 
commenced. The Commission believes that the operating restrictions 
resulting from the Sharing Arrangement are matters that should have 
been considered by potential bidders in their valuation of the licenses 
for competitive bidding purposes.

B. Auction Rules

1. Establishment of Entrepreneurs' Block
    8. In authorizing the Commission to use competitive bidding under 
Sec. 309(j) of the Act, Congress mandated that the Commission ``ensure 
that small businesses, rural telephone companies, and businesses owned 
by members of minority groups and women are given the opportunity to 
participate in spectrum based services.'' Congress also mandated that 
the Commission utilize competitive bidding to promote economic 
opportunity and competition and ensure that the new and innovative 
technologies are readily accessible to the American people. When 
deciding which provisions to adopt to encourage designated entity 
participation in particular services, the Commission has closely 
examined the specific characteristics of the service and has adopted a 
mix of provisions designed to balance the objectives of Congress set 
forth in Sec. 309(j). Thus, the Commission has adopted measures 
designed to enhance the ability of designated entities to acquire 
licenses and to increase competition in the provision of wireless 
services generally. In narrowband PCS, for instance, the Commission has 
provided installment payments for small businesses and bidding credits 
for minority-owned and women-owned businesses. In broadband PCS, the 
Commission designated certain spectrum blocks for entrepreneurs' block 
licenses and provided bidding credits and installment plans for certain 
designated entities. In the 900 MHz Specialized Mobile Radio (SMR) 
service, the Commission provided bidding credits, installment payments, 
and reduced down payments for small businesses. Most recently, the 
Commission adopted bidding credits and installment payments for the 
paging services.
    9. In the Competitive Bidding Third Memorandum Opinion & Order/
Further NPRM, 59 FR 44058 (August 26, 1994), the Commission proposed 
service-specific modifications to its competitive bidding rules for the 
award of narrowband PCS licenses with MTA and BTA service areas. In an 
effort to facilitate designated entity participation in providing 
narrowband PCS, the Commission proposed to reserve both BTA frequency 
blocks and up to four MTA frequency blocks for bidding exclusively by 
entities with annual gross revenues of no more than $125 million in the 
preceding two years and total assets of no more than $500 million 
(entrepreneurs' blocks). The entrepreneurs' block proposal would have 
added channels 21 and 25 to the channels allocated for MTA and BTA 
licenses for which designated entity provisions applied. The Commission 
later sought additional comment on proposals for establishing 
narrowband PCS entrepreneurs' blocks in light of: (1) the results of 
the regional narrowband PCS auction; and (2) the Commission's 
reconsideration of its broadband PCS entrepreneurs' block rules in the 
Competitive Bidding Fifth Memorandum Opinion and Order, 59 FR 63210 
(December 7, 1994).
    10. Upon review of the record, the Commission will not establish an 
entrepreneurs' block for narrowband PCS similar to its provisions in 
broadband PCS. The Commission agrees with those commenters who state 
that the results of the narrowband regional auction demonstrate that 
bidding credits and installment payments alone can facilitate 
participation by designated entities in the competitive process as well 
as securing licenses for the provision of narrowband PCS. Additionally, 
the Commission has the experience of other auctions, such as 900 MHz 
Specialized Mobile Radio, where it did not have an entrepreneurs' block 
but, nonetheless, had many successful designated entity applicants.
    11. Also, the Commission considers narrowband PCS to be less 
capital intensive than broadband PCS, thereby making it more likely 
that small businesses, for example, can acquire the financing to win 
these licenses, particularly for MTAs. Thus, the Commission concludes 
there is no need to insulate designated entities from other bidders and 
that bidding credits coupled with installment payments should satisfy 
its obligations under Sec. 309(j) of the Communications Act as they 
have in so many other auctions. The Commission also points out that its 
partitioning proposal could provide for designated entities to acquire 
narrowband PCS licenses post-auction. Moreover, narrowband PCS 
licensees are free to transfer and assign licenses immediately (unlike 
broadband PCS), providing further flexibility to acquire licenses post-
auction.
2. Definition of Minority Groups
    12. The Commission will continue to request bidder information on 
the FCC Form 175 as to minority- and/or women-owned status, in addition 
to small business status, in order to monitor whether it has 
accomplished substantial participation by minorities and women through 
the broad provisions available to small businesses. Currently, the 
narrowband PCS rules define ``members of minority groups'' as 
``individuals of African-American, Hispanic-surnamed, American Eskimo, 
Aleut, American Indian and Asian American extraction.'' In response to 
numerous inquiries, the Commission revised this definition in its 
broadband PCS rules to conform with the definition used in other 
contexts. Thus, Sec. 24.720(i) of the Commission's rules for broadband 
PCS now defines members of minority groups to include ``Blacks, 
Hispanics, American Indians, Alaskan Natives, Asians, and Pacific 
Islanders.''
    13. In the Competitive Bidding Fifth Memorandum Opinion and Order, 
59 FR 63210 (December 7, 1994), the

[[Page 27509]]

Commission noted that it would make the same definitional correction 
made in the broadband PCS context to the definition of minority groups 
used in the narrowband PCS auction rules. The Commission also recently 
amended its general competitive bidding definition of minority, 
Sec. 1.2110(b)(2), to adopt this definition of minority. Thus, in an 
effort to maintain consistency throughout its auction rules for various 
services, the Commission revises the definition of ``members of 
minority groups'' in its narrowband PCS auction rules to include 
``Blacks, Hispanics, American Indians, Alaskan Native, Asians, and 
Pacific Islanders.'' See 47 CFR Sec. 24.720(i).

C. Conclusion

    The Commission believes that the rules set forth for narrowband PCS 
in this Report and Order will promote the public policy goals set forth 
by Congress.

D. Procedural Matters

A. Ex Parte Rules--Non-Restricted Proceeding
    15. This is a non-restricted rule making proceeding. Ex parte 
presentations are permitted except during the Sunshine Agenda period, 
provided they are disclosed as provided in the Commission's rules. See 
generally 47 CFR 1.1202, 1.1203, and 1.1206(a).
B. Regulatory Flexibility Act Analysis
    16. As required by the Regulatory Flexibility Act, see 5 U.S.C. 
Sec. 604, the Commission has prepared a Final Regulatory Flexibility 
Analysis (FRFA) of the expected impact on small entities of the 
policies and rules proposed and adopted in the Report and Order section 
of this Report and Order and Further NPRM (Report and Order). An 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the 
Third Memorandum Opinion and Order and Further NPRM, 59 FR 44058 
(August 28, 1994) in this proceeding. Additionally, Final Regulatory 
Flexibility Analyses were incorporated in the First Report and Order, 
58 FR 42681 (August 11, 1993), the Third Report and Order, 59 FR 26741 
(May 24, 1994), the Third Memorandum Opinion and Order and Further 
NPRM, 59 FR 44058 (August 26, 1994) and the Second Memorandum Opinion 
and Order, 59 FR 46195 (September 7, 1994) in this proceeding. Written 
comments to the proposals, including the Initial Regulatory Flexibility 
Analysis, were requested. As noted in these previous final analyses, 
this proceeding will establish a system of competitive bidding for 
choosing among certain applications for initial licenses, and will 
carry out statutory mandates that certain designated entities, 
including small entities, be afforded an opportunity to participate in 
the competitive bidding process and in the provision of spectrum-based 
services.
A. Need for and Objective of Rules
    17. This Report and Order was initiated to adopt rules and secure 
comment on proposals for revising rules for narrowband Personal 
Communications Services (PCS). Such changes to the rules for the 
narrowband PCS service would promote efficient licensing and enhance 
the service's competitive potential in the Commercial Mobile Radio 
Service marketplace. The adopted rules are based on the competitive 
bidding authority of Sec. 309(j) of the Communications Act of 1934, as 
amended, 47 U.S.C. Sec. 309(j), which authorizes the Commission to use 
auctions to select among mutually exclusive initial applications in 
certain services, including narrowband PCS. The Omnibus Budget 
Reconciliation Act of 1993 (Budget Act), Public Law 103-66, Title VI, 
Sec. 6002, and the subsequent Commission actions to implement it are 
intended to establish a system of competitive bidding for choosing 
among certain applications for initial licenses, and carry out 
statutory mandates that certain designated entities, including small 
businesses, are afforded an opportunity to participate in the 
competitive bidding process and in the provision of narrowband PCS 
services.
B. Issues Raised by the Public in Response to the Initial Analysis
    18. No party suggested modifications specifically to the Initial 
Regulatory Flexibility Analysis. The following issues will apply to 
small businesses.
1. Power and Antenna Height Limits
    19. The Commission clarifies that Sec. 24.132 of its rules applies 
to the regional service areas as well as Major Trading Area (MTA) 
service areas. The Commission amends paragraphs (d) and (e) of 
Sec. 24.132 of its rules, 47 CFR 24.132, to reflect that these rules 
apply to regional areas. Regional base stations, in addition to MTA 
base stations, must operate at reduced heights and power limits near 
service area borders in order to protect adjacent licensees from 
interference. In addition, the Commission clarifies that a narrowband 
PCS licensee holding a license for the same channel in an adjacent 
region or MTA is not required to reduce height and power to protect 
itself.
    20. Auction Rules. Based upon the comments and record before it, 
the Commission determines that it will not establish an entrepreneurs' 
block for narrowband PCS similar to its provisions in broadband PCS. 
The Commission agrees with those commenters who argue that the results 
of the previously-held narrowband regional auction demonstrate that 
bidding credits and installment payments can facilitate participation 
by designated entities in the competitive process, as well as securing 
licenses for the provision of narrowband PCS. Additionally, the 
Commission has the experience of other auctions, such as 900 MHz 
Specialized Mobile Radio, which did not have an entrepreneurs' block 
but, nonetheless, had many successful designated entity applicants. 
Also, the Commission considers narrowband PCS to be less capital 
intensive than broadband PCS, thereby making it more likely that small 
businesses, for example, can acquire the financing to win these 
licenses, particularly for MTAs. Thus, the Commission concludes there 
is no need to insulate designated entities from other bidders and that 
bidding credits coupled with installment payments should satisfy its 
obligations under Sec. 309(j) of the Communications Act as they have in 
so many other auctions.
    21. Definition of Minority Groups. In the Competitive Bidding Fifth 
Memorandum Opinion and Order, the Commission noted that it would make 
the same definitional correction made in the broadband PCS context to 
the definition of minority groups used in the narrowband PCS auction 
rules. Thus, in an effort to maintain consistency throughout its 
auction rules for various services, the Commission revises its 
definition of ``members of minority groups'' in its narrowband PCS 
auction rules to include ``Blacks, Hispanics, American Indians, Alaskan 
Native, Asians, and Pacific Islanders.''
C. Description and Number of Small Entities Involved
    22. The rules adopted in this Report and Order apply to current 
narrowband PCS operators and new entrants into the narrowband PCS 
market. Under these rules, mutually exclusive applications for 
narrowband PCS licenses will be resolved through competitive bidding 
procedures.
    23. The Commission does not know how many narrowband PCS licenses 
will be granted or auctioned, as it has not yet determined the size or 
number of such licenses. Two auctions of narrowband PCS licenses have 
been conducted for a total of 41 licenses, out

[[Page 27510]]

of which 11 were obtained by small businesses owned by members of 
minority groups and/or women. Small businesses were defined as those 
with averaged gross revenues for the prior three fiscal years of $40 
million or less. For purposes of this Final Regulatory Flexibility 
Analysis, the Commission is utilizing the Small Business Administration 
(SBA) definition applicable to radiotelephone companies, i.e., an 
entity employing less than 1,500 persons. Not all of the narrowband PCS 
licenses have yet been awarded. There is therefore no basis to 
determine the number of licenses that will be awarded to small entities 
in future auctions. Given the fact that nearly all radiotelephone 
companies have fewer than 1,000 employees, and that no reliable 
estimate of the number of prospective narrowband PCS licensees can be 
made, the Commission assumes, for purposes of the evaluations and 
conclusions in this Final Regulatory Flexibility Analysis, that all the 
remaining narrowband PCS licenses will be awarded to small entities.
D. Summary of Projected Reporting, Recordkeeping and Other Compliance 
Requirements
    24. Narrowband PCS licensees may be required to report information 
concerning the location of their transmission sites under some 
circumstances, although generally they will not be required to file 
applications on a site-by-site basis. Additionally, narrowband PCS 
license applicants will be subject to reporting and recordkeeping 
requirements to comply with the competitive bidding rules. 
Specifically, applicants will apply for narrowband PCS licenses by 
filing a short-form application (FCC Form 175), and will file a long-
form application (FCC Form 600) at the conclusion of the auction. 
Additionally, entities seeking treatment as small businesses will need 
to submit information pertaining to the gross revenues of the small 
business applicant and its affiliates and certain investors in the 
applicant. Such entities will also need to maintain supporting 
documentation at their principal place of business.
E. Steps Taken To Minimize Burdens on Small Entities
    25. Section 309(j)(3)(B) of the Communications Act, 47 CFR 
309(j)(3)(B), provides that in establishing eligibility criteria and 
bidding methodologies the Commission shall, inter alia, promote 
economic opportunity and competition and ensure that new and innovative 
technologies are readily accessible by avoiding excessive concentration 
of licenses and by disseminating licenses among a wide variety of 
applicants, including small businesses, rural telephone companies, and 
businesses owned by members of minority groups and women. Section 
309(j)(4)(A) provides that in order to promote such objectives, the 
Commission shall consider alternative payment schedules and methods of 
calculation, including lump sums or guaranteed installment payments, 
with or without royalty payments, or other schedules or methods. 
Therefore, the Commission finds that it is appropriate to establish 
special provisions in the narrowband PCS rules for competitive bidding 
by small businesses. The Commission believes that small businesses 
applying for narrowband PCS licenses should be entitled to some type of 
bidding credits and should be permitted to pay their bids in 
installments. In awarding narrowband PCS licenses, the Commission is 
committed to meeting the statutory objectives of promoting economic 
opportunity and competition, of avoiding excessive concentration of 
licenses, and of ensuring access to new and innovative technologies by 
disseminating licenses among a wide variety of applicants, including 
small businesses, rural telephone companies, and businesses owned by 
members of minority groups and women.
    26. In determining small business status, the Commission will 
consider the gross revenues of the small business applicant, its 
affiliates, and certain investors in the applicant. The Commission will 
attribute the gross revenues of all controlling principals in the small 
business applicant as well as the gross revenues of affiliates of the 
applicant. The Commission will require that in order for an applicant 
to qualify as a small business, qualifying small business principals 
must maintain control of the applicant.
F. Significant Alternatives Considered and Rejected
    27. The Commission considered and rejected a proposal to give 
additional relief to narrowband PCS licensees affected by an interim 
sharing arrangement with respect to use of narrowband PCS channels in 
border areas between the United States and Canada. The Commission 
determined that such special relief is not necessary, as potential 
bidders to this spectrum had adequate notice of such interim 
arrangement and the interim arrangement also provides licensees with 
adequate spectrum protection.
    28. The Commission also considered and rejected a proposal to 
establish an entrepreneur's block for narrowband PCS similar to the 
Commission's provisions for such a block of spectrum in broadband PCS. 
The Commission agrees with those commenters who argue that the results 
of the previously-conducted narrowband regional auction demonstrate 
that bidding credits and installment payments can facilitate 
participation by designated entities in the competitive process as well 
as securing licenses for the provision of narrowband PCS. Additionally, 
the Commission has the experience of other auctions, such as 900 MHz 
Specialized Mobile Radio, where no entrepreneurs' block existed but, 
nonetheless, many successful designated entity applicants existed. The 
Commission also considers narrowband PCS to be less capital intensive 
than broadband PCS, thereby making it more likely that small 
businesses, for example, can acquire the financing to win these 
licenses, particularly for MTAs. Thus, the Commission concludes there 
is no need to insulate designated entities from other bidders and that 
bidding credits coupled with installment payments should satisfy its 
obligations under Sec. 309(j) of the Communications Act as they have in 
so many other auctions. Moreover, narrowband PCS licensees are free to 
transfer and assign licenses immediately (unlike broadband PCS), 
providing further flexibility to acquire licenses post-auction.
    29. The Commission also considered and rejected a proposal to 
maintain its definition of minority groups eligible for special 
provisions in the narrowband PCS auction. The Commission instead 
decided to modify its definition in order to bring it into conformity 
with the Commission's definition for broadband PCS, namely, ``Blacks, 
Hispanics, American Indians, Alaskan Natives, Asians, and Pacific 
Islanders.''
G. Report to Congress
    30. The Commission shall send a copy of this Final Regulatory 
Flexibility Analysis, along with this Report and Order/Further NPRM, in 
a report to Congress pursuant to the Small Business Regulatory 
Enforcement Fairness Act of 1996, 5 U.S.C. 801(a)(1)(A). A copy of this 
Final Regulatory Flexibility Analysis will also be published in the 
Federal Register.

C. Ordering Clauses

    31. Accordingly, it is ordered that Part 24 of the Commission's 
Rules is amended as specified below, effective July 21, 1997.
    32. It is further ordered that the Petition for Reconsideration of 
the

[[Page 27511]]

Second Memorandum Opinion and Order in GN Docket 90-314 and ET Docket 
92-100 filed by the Puerto Rico Telephone Company is dismissed.
    33. Authority for issuance of this Report and Order is contained in 
Secs. 4(i), 303(r) and 309(j) of the Communications Act of 1934, as 
amended, 47 U.S.C. Secs. 154(i), 303(r) and 309(j).

List of Subjects in 47 CFR Part 24

    Communications common carriers, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission
William F. Caton,
Acting Secretary.

Rule Changes

    Part 24 of Chapter I of Title 47 of the Code of Federal Regulations 
is amended as follows:

PART 24--PERSONAL COMMUNICATIONS SERVICES

    1. The authority citation for part 24 continues to read as follows:

    Authority: Secs. 4, 301, 302, 303, 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 301, 302, 303, 309 and 332, unless 
otherwise noted.

    2. Section 24.132 is amended by revising paragraphs (d) and (e) to 
read as follows:


Sec. 24.132  Power and antenna height limits.

* * * * *
    (d)(1) MTA and regional base stations located between 200 
kilometers (124 miles) and 80 kilometers (50 miles) from their licensed 
service area border are limited to the power levels in the following 
table:

------------------------------------------------------------------------
Antenna HAAT in meters (feet) (see Sec.                                 
     24.53 for HAAT HAAT calculation         Effective radiated power   
                method)                          (e.r.p.) (watts)       
------------------------------------------------------------------------
183 (600) and below....................  3500                           
183 (600) to 208 (682).................  3500 to 2584                   
208 (682) to 236 (775).................  2584 to 1883                   
236 (775) to 268 (880).................  1883 to 1372                   
268 (880) to 305 (1000)................  1372 to 1000                   
305 (1000) to 346 (1137)...............  1000 to 729                    
346 (1137) to 394 (1292)...............  729 to 531                     
394 (1292) to 447 (1468)...............  531 to 387                     
447 (1468) to 508 (1668)...............  387 to 282                     
508 (1668) to 578 (1895)...............  282 to 206                     
578 (1895) to 656 (2154)...............  206 to 150                     
656 (2154) to 746 (2447)...............  150 to 109                     
746 (2447) to 848 (2781)...............  109 to 80                      
848 (2781) to 963 (3160)...............  80 to 58                       
963 (3160) to 1094 (3590)..............  58 to 42                       
1094 (3590) to 1244 (4080).............  42 to 31                       
1244 (4080) to 1413 (4636).............  31 to 22                       
Above 1413 (4636)......................  16                             
------------------------------------------------------------------------

    (2) For heights between the values listed in the table, linear 
interpolation shall be used to determine maximum e.r.p.
    (e) MTA, BTA and regional base stations located less than 80 
kilometers (50 miles) from the licensed service area border must limit 
their effective radiated power in accordance with the following 
formula:

PW = 0.0175  x  dkm**6.6666  x  hm**-3.1997
PW is effective radiated power in watts
dkm is distance in kilometers
hm is antenna HAAT in meters; see Sec. 24.53 for HAAT calculation 
method

    3. Section 24.320(e) is revised to read as follows:


Sec. 24.320  Definitions.

* * * * *
    (e) Members of Minority Groups. Members of minority groups include 
Blacks, Hispanics, American Indians, Alaskan Natives, Asians and 
Pacific Islanders.
* * * * *
[FR Doc. 97-13148 Filed 5-20-97; 8:45 am]
BILLING CODE 6712-01-P