[Federal Register Volume 63, Number 148 (Monday, August 3, 1998)]
[Rules and Regulations]
[Pages 41201-41205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20528]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 22, 24, 26, 27, 90 and 97

[ET Docket No. 96-2, FCC 98-140]


Arecibo Coordination Zone

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This Memorandum Opinion and Order (``MO&O'') clarifies the 
rules regarding the Arecibo Radio Astronomy Observatory (Observatory) 
Coordination Zone that covers the islands of Puerto Rico, Desecheo, 
Mona, Vieques, and Culebra within the Commonwealth of Puerto Rico (the 
Puerto Rican Islands). This action will promote efficient coordination 
between the Observatory and service applicants in the Coordination 
Zone.

EFFECTIVE DATE: September 2, 1998.

FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering 
and Technology, (202) 418-2452.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order, ET Docket 96-2, FCC 98-140, adopted June 
29, 1998, and released July 2, 1998. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC Reference Center (Room 239), 1919 M Street, NW, 
Washington, DC, and also may be purchased from the Commission's 
duplication contractor, International Transcription Service, (202) 857-
3800, 1231 20th Street, NW Washington, DC 20036.

Summary of the Memorandum Opinion and Order

    1. In the Report and Order (R&O), 62 FR 55525, October 27, 1997, in 
this proceeding, we established a Coordination Zone that covers the 
Puerto Rican Islands. The policies that we established regarding the 
Coordination Zone require that: (1) applicants for new radio facilities 
in various communications services must provide notification of their 
proposed operations to the Observatory no later than the time their 
license applications are submitted to us; (2) applicants for modified 
radio facilities in these services must provide notification of their 
proposed operations to the Observatory no later than the time their 
license applications are submitted to us, but only if the modified 
facilities pose an interference threat to the operations of the 
Observatory; and (3) applicants for new radio facilities in commercial 
wireless services in which individual station licenses are not issued 
must provide notification of their proposed operations to the 
Observatory at least 45 days in advance of their proposed operations if 
their facilities pose an interference threat to the operations of the 
Observatory.
    2. In the R&O, we provided the Observatory 20 days to file comments 
with us regarding each service applicant's potential for interference, 
and applicants are responsible for making reasonable efforts to 
accommodate the interference concerns of the Observatory. We did not 
establish interference standards, but required the operator of the 
Observatory--Cornell University (Cornell)--to provide interference 
guidelines to service applicants so that applicants may consider 
protection to the Observatory in the early design phase of radio 
facilities.
    3. Puerto Rico Telephone Company (PRTC) filed a petition for 
reconsideration of the R&O, in which it urges us to reconsider three 
aspects of this decision. First, PRTC contends, we have inappropriately 
left control of interference standards to Cornell. PRTC argues that we 
should establish specific standards or, alternatively, require Cornell 
to develop standards and submit them to us for review. Second, PRTC 
urges us to place restrictions on what ``reasonable efforts'' will be 
required to satisfy Cornell in a given instance. PRTC contends that the 
record in the proceeding is not clear as to whether even as significant 
a change to a broadcast station's operating parameters as mandatory 
time-sharing of frequencies with the Observatory would be deemed 
``reasonable'' by the Commission. Finally, PRTC urges us to reconsider 
our decision to apply coordination filing requirements to commercial 
wireless services for which we award licenses for geographic service 
areas but not for individual operating facilities. PRTC argues that it 
is inconsistent to create a duty to file notifications with Cornell 
when such licensees are not required to file any information with us, 
and that the Notice of Proposed Rule Making (NPRM), 61 FR 10709, March 
15, 1996, in this proceeding gave no notice that we were considering 
creating such a duty.
    4. As discussed in the R&O, interference guidelines may 
significantly lessen coordination problems, and Cornell has pledged to 
develop such guidelines. We are convinced that a guideline approach is 
preferable to a standards approach. We find it efficient for Cornell to 
develop guidelines because it has gained expertise over many years 
through informal coordination with service applicants in the 
Coordination Zone. We reiterate our statement in the R&O that 
telecommunications service providers in Puerto Rico provide highly 
important services that must be maintained. Further, we believe it is 
in Cornell's self-interest to develop realistic guidelines so as to 
avoid unnecessary disputes with service applicants. Accordingly, we are 
affirming our decision and requiring Cornell to establish interference 
guidelines for each service in the Coordination Zone.
    5. In the R&O, we stated that ``reasonable efforts [to minimize 
interference from various telecommunications services to the 
Observatory] will vary from case-to-case, dependent on the degree of 
harm to the Observatory's operations and the extent of the change 
needed to prevent such harm'' and ``to attempt to set forth a general 
definition of the term `reasonable efforts' is extremely difficult, if 
not impossible.'' Accordingly, we are denying PRTC's request to place 
general restrictions on the types of reasonable efforts that will be 
required of service applicants in the Coordination Zone.
    6. However, while what is reasonable in each individual situation 
will vary, we can alleviate PRTC's specific concern regarding time-
sharing of frequencies. As we stated in the R&O: ``We also observe that 
adoption of a Coordination Zone would neither allocate additional 
spectrum for RAS [Radio Astronomy Service] use, nor provide the 
Observatory additional rights to spectrum allocated to other 
services.'' Requiring service providers in the Coordination Zone to 
time-share spectrum with the Observatory would provide it ``additional 
rights to spectrum allocated to other services.''

[[Page 41202]]

Accordingly, we are clarifying that involuntary time-sharing of 
frequencies between the Observatory and licensed services will not be 
mandated. This clarification does not prohibit voluntary time-sharing 
arrangements between the Observatory and a service provider.
    7. The issue of including in the Coordination Zone commercial 
wireless services in which licensees do not receive individual station 
licenses was covered by our proposals in the NPRM and was specifically 
addressed by parties commenting on the NPRM. Accordingly, adequate 
notice of this issue was given.
    8. With respect to the substantive concerns raised by PRTC 
regarding this issue, we stress that licensees of commercial wireless 
services in which licensees do not receive individual station licenses 
are required to notify the Observatory only when a new transmitter may 
cause harmful interference to the operations of the Observatory. We 
will continue to rely upon each operator to determine when a 
transmitter may pose an interference threat to the operations of the 
Observatory. We note that operators in these services must comply with 
the notification requirements when new transmitters are introduced. We 
cannot exclude the possibility that in some circumstances the 
introduction of a new or modified transmitter in a geographically-
licensed service could result in harmful interference to the 
Observatory. Accordingly, we find that in those circumstances 
notification to the Observatory must take place. To make this policy 
explicit in the rules, we are adopting clarifying language for parts 
22, 24, 26, 27, and 90.
    9. Finally, in the R&O, the amended rules of part 97 inadvertently 
omitted language specifying that a licensee is required to make 
reasonable efforts to resolve or mitigate any potential interference 
problems with the Observatory and that a licensee must notify the 
Observatory of new or modified facilities at least 20 days in advance 
of planned operation. Accordingly, we are adding that language to part 
97--see sections 97.203(h) and 97.205(h).

Final Regulatory Flexibility Analysis

    10. Final Regulatory Flexibility Certification. As required by 
Section 603 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 603, an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the 
NPRM. We sought written comments on the proposals in the NPRM, 
including the IRFA. No commenting parties raised issues specifically in 
response to the IRFA, and a Final Regulatory Flexibility Analysis was 
included in the R&O. The rules adopted in this Memorandum Opinion and 
Order (MO&O) provide clarification of the rules adopted in the R&O. We 
therefore certify pursuant to section 605(b) of the RFA that the rules 
adopted in the MO&O do not have a significant economic impact on a 
substantial number of small entities. We shall provide a copy of this 
certification to the Chief Counsel for Advocacy of the SBA, and shall 
include it in the report to Congress pursuant to the Small Business 
Regulatory Enforcement Fairness Act of 1996.

List of Subjects

47 CFR Part 22

    Communications common carriers, Radio.

47 CFR Part 24

    Personal communications services, Radio.

47 CFR Part 26

    General Wireless communications service, Radio.

47 CFR Part 27

    Wireless communications service, Radio.

47 CFR Part 90

    Land mobile, Radio.

47 CFR Part 97

    Civil defense, Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, parts 22, 24, 26, 27, 90 
and 97 of Title 47 of the Code of Federal Regulations are amended as 
follows:

PART 22--PUBLIC MOBILE SERVICES

    1. The authority citation for part 22 continues to read as follows:

    Authority: 47 U.S.C. 154, 222, 303, 309 and 332.

    2. Section 22.369, is amended by revising paragraphs (d)(1), (2) 
and (3) to read as follows:


Sec. 22.369  Quiet zones and Arecibo Coordination Zone.

* * * * *
    (d) * * *
    (1) Carriers planning to construct and operate a new Public Mobile 
Services station at a permanent fixed location on the islands of Puerto 
Rico, Desecheo, Mona, Vieques or Culebra in services in which 
individual station licenses are issued by the FCC; planning to 
construct and operate a new Public Mobile Services station at a 
permanent fixed location on these islands that may cause interference 
to the operations of the Arecibo Observatory in services in which 
individual station licenses are not issued by the FCC; or planning a 
modification of any existing Public Mobile Services station at a 
permanent fixed location on these islands that would increase the 
likelihood of causing interference to the operations of the Arecibo 
Observatory must notify the Interference Office, Arecibo Observatory, 
Post Office Box 995, Arecibo, Puerto Rico 00613, in writing or 
electronically (e-mail address: [email protected]), of the technical 
parameters of the planned operation. Carriers may wish to use the 
interference guidelines provided by Cornell University as guidance in 
designing facilities to avoid interference to the Observatory. The 
notification must include identification of the geographical 
coordinates of the antenna location (NAD-83 datum), the antenna height, 
antenna directivity (if any), proposed channel and FCC rule part, type 
of emission, and effective isotropic radiated power.
    (2) In services in which individual station licenses are issued by 
the FCC, the notification required in paragraph (d)(1) of this section 
should be sent at the same time the application is filed 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)(1) was made. In services in which individual station 
licenses are not issued by the FCC, the notification required in 
paragraph (d)(1) 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 application or notification.
    (3) If an objection to any planned service operation is received 
during the 20-day period from the Interference Office, the FCC will 
take whatever action is deemed appropriate.

[[Page 41203]]

PART 24--PERSONAL COMMUNICATIONS SERVICES

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

    Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332.

    4. Section 24.18 is revised to read as follows:


Sec. 24.18  Notification to the Arecibo Observatory.

    (a) The requirements in this section are intended to minimize 
possible interference at the Arecibo Observatory in Puerto Rico. 
Licensees must make reasonable efforts to protect the Observatory from 
interference. Licensees planning to construct and operate a new station 
at a permanent fixed location on the islands of Puerto Rico, Desecheo, 
Mona, Vieques or Culebra in services in which individual station 
licenses are issued by the FCC; planning to construct and operate a new 
station at a permanent fixed location on these islands that may cause 
interference to the operations of the Arecibo Observatory in services 
in which individual station licenses are not issued by the FCC; or 
planning a modification of any existing station at a permanent fixed 
location on these islands that would increase the likelihood of causing 
interference to the operations of the Arecibo Observatory must notify 
the Interference Office, Arecibo Observatory, Post Office Box 995, 
Arecibo, Puerto Rico 00613, in writing or electronically (e-mail 
address: [email protected]), of the technical parameters of the planned 
operation. Carriers may wish to use the interference guidelines 
provided by Cornell University as guidance in designing facilities to 
avoid interference to the Observatory. The notification must include 
identification of the geographical coordinates of the antenna location 
(NAD-83 datum), the antenna height, antenna directivity (if any), 
proposed channel and FCC Rule Part, type of emission, and effective 
isotropic radiated power.
    (b) In services in which individual station licenses are issued by 
the FCC, the notification required in paragraph (a) of this section 
should be sent at the same time the application is filed 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 (a) was made. In services in which individual station 
licenses are not issued by the FCC, the notification required in 
paragraph (a) 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 application or notification.
    (c) If an objection to any planned service operation is received 
during the 20-day period from the Interference Office, the FCC will 
take whatever action is deemed appropriate.

PART 26--GENERAL WIRELESS COMMUNICATIONS SERVICE

    5. The authority citation for part 26 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332, unless 
otherwise noted.

    6. Section 26.105 is revised to read as follows:


Sec. 26.105  Notification to the Arecibo Observatory.

    (a) The requirements in this section are intended to minimize 
possible interference at the Arecibo Observatory in Puerto Rico. 
Licensees must make reasonable efforts to protect the Observatory from 
interference. Licensees planning to construct and operate a new station 
at a permanent fixed location on the islands of Puerto Rico, Desecheo, 
Mona, Vieques or Culebra in services in which individual station 
licenses are issued by the FCC; planning to construct and operate a new 
station at a permanent fixed location on these islands that may cause 
interference to the operations of the Arecibo Observatory in services 
in which individual station licenses are not issued by the FCC; or 
planning a modification of any existing station at a permanent fixed 
location on these islands that would increase the likelihood of causing 
interference to the operations of the Arecibo Observatory must notify 
the Interference Office, Arecibo Observatory, Post Office Box 995, 
Arecibo, Puerto Rico 00613, in writing or electronically (e-mail 
address: [email protected]), of the technical parameters of the planned 
operation. Carriers may wish to use the interference guidelines 
provided by Cornell University as guidance in designing facilities to 
avoid interference to the Observatory. The notification must include 
identification of the geographical coordinates of the antenna location 
(NAD-83 datum), the antenna height, antenna directivity (if any), 
proposed channel and FCC rule part, type of emission, and effective 
isotropic radiated power.
    (b) In services in which individual station licenses are issued by 
the FCC, the notification required in paragraph (a) of this section 
should be sent at the same time the application is filed 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 (a) was made. In services in which individual station 
licenses are not issued by the FCC, the notification required in 
paragraph (a) 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 application or notification.
    (c) If an objection to any planned service operation is received 
during the 20-day period from the Interference Office, the FCC will 
take whatever action is deemed appropriate.

PART 27--WIRELESS COMMUNICATIONS SERVICE

    7. The authority citation for part 27 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, and 332, 
unless otherwise noted.

    8. Section 27.62 is revised to read as follows:


Sec. 27.62  Notification to the Arecibo Observatory.

    (a) The requirements in this section are intended to minimize 
possible interference at the Arecibo Observatory in Puerto Rico. 
Licensees must make reasonable efforts to protect the Observatory from 
interference. Licensees planning to construct and operate a new station 
at a permanent fixed location on the islands of Puerto Rico, Desecheo, 
Mona, Vieques or Culebra in services in which individual station 
licenses are issued by the FCC; planning to construct and operate a new 
station at a permanent fixed location on these islands that may cause 
interference to the operations of the Arecibo Observatory in services 
in which individual station licenses are not issued by the FCC; or 
planning a

[[Page 41204]]

modification of any existing station at a permanent fixed location on 
these islands that would increase the likelihood of causing 
interference to the operations of the Arecibo Observatory must notify 
the Interference Office, Arecibo Observatory, Post Office Box 995, 
Arecibo, Puerto Rico 00613, in writing or electronically (e-mail 
address: [email protected]), of the technical parameters of the planned 
operation. Carriers may wish to use the interference guidelines 
provided by Cornell University as guidance in designing facilities to 
avoid interference to the Observatory. The notification must include 
identification of the geographical coordinates of the antenna location 
(NAD-83 datum), the antenna height, antenna directivity (if any), 
proposed channel and FCC rule part, type of emission, and effective 
isotropic radiated power.
    (b) In services in which individual station licenses are issued by 
the FCC, the notification required in paragraph (a) of this section 
should be sent at the same time the application is filed 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 (a) was made. In services in which individual station 
licenses are not issued by the FCC, the notification required in 
paragraph (a) 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 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 
application or notification.
    (c) If an objection to any planned service operation is received 
during the 20-day period from the Interference Office, the FCC will 
take whatever action is deemed appropriate.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    9. The authority citation for part 90 continues to read as follows:

    Authority: Secs. 4, 251-2, 303, 309 and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 332, unless 
otherwise noted.

    10. Section 90.177 is amended by revising paragraph (f) 
introductory text, and paragraphs (f)(1) and (2) to read as follows:


Sec. 90.177  Protection of certain radio receiving locations.

* * * * *
    (f) Licensees planning to construct and operate a new station at a 
permanent fixed location on the islands of Puerto Rico, Desecheo, Mona, 
Vieques or Culebra in services in which individual station licenses are 
issued by the FCC; planning to construct and operate a new station at a 
permanent fixed location on these islands that may cause interference 
to the operations of the Arecibo Observatory in services in which 
individual station licenses are not issued by the FCC; or planning a 
modification of any existing station at a permanent fixed location on 
these islands that would increase the likelihood of causing 
interference to the operations of the Arecibo Observatory must notify 
the Interference Office, Arecibo Observatory, Post Office Box 995, 
Arecibo, Puerto Rico 00613, in writing or electronically (e-mail 
address: [email protected]), of the technical parameters of the planned 
operation. Carriers may wish to use the interference guidelines 
provided by Cornell University as guidance in designing facilities to 
avoid interference to the Observatory. The notification must include 
identification of the geographical coordinates of the antenna location 
(NAD-83 datum), the antenna height, antenna directivity (if any), 
proposed channel and FCC Rule Part, type of emission, and effective 
isotropic radiated power.
    (1) In services in which individual station licenses are issued by 
the FCC, the notification required in paragraph (f) of this section 
should be sent at the same time the application is filed 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 (f) was made. In services in which individual station 
licenses are not issued by the FCC, the notification required in 
paragraph (f) 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 within 20 
days if the Office plans to file comments or objections to the 
notification.
    (2) 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 application or 
notification. The applicant will be required to make reasonable efforts 
in order to resolve or mitigate any potential interference problem with 
the Arecibo Observatory and to file either an amendment to the 
application or a modification application, if appropriate. If the FCC 
determines that an applicant has satisfied its responsibility to make 
reasonable efforts to protect the Observatory from interference, its 
application may be granted.
* * * * *

PART 97--AMATEUR RADIO SERVICE

    11. The authority citation for part 97 continues to read as 
follows:

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. 
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 
U.S.C. 151-155, 301-609, unless otherwise noted.

    12. Section 97.203 is amended by revising paragraph (h) 
introductory text, and (h)(2) to read as follows:


Sec. 97.203  Beacon station.

* * * * *
    (h) The provisions of this paragraph do not apply to repeaters that 
transmit on the 1.2 cm or shorter wavelength bands. Before establishing 
a repeater within 16 km (10 miles) of the Arecibo Observatory or before 
changing the transmitting frequency, transmitter power, antenna height 
or directivity of an existing repeater, the station licensee must give 
notification thereof at least 20 days in advance of planned operation 
to the Interference Office, Arecibo Observatory, Post Office Box 995, 
Arecibo, Puerto Rico 00613, in writing or electronically, of the 
technical parameters of the proposal. Licensees who choose to transmit 
information electronically should e-mail to: [email protected]
    (1) * * *
    (2) If an objection to the proposed operation is received by the 
FCC from the Arecibo Observatory, Arecibo, Puerto Rico, within 20 days 
from the date of notification, the FCC will consider all aspects of the 
problem and take whatever action is deemed appropriate. The licensee 
will be required to make reasonable efforts in order to resolve or 
mitigate any potential interference problem with the Arecibo 
Observatory.
    13. Section 97.205 is amended by revising paragraph (h) 
introductory text and (h)(2) to read as follows:


Sec. 97.205  Repeater station.

* * * * *

[[Page 41205]]

    (h) The provisions of this paragraph do not apply to repeaters that 
transmit on the 1.2 cm or shorter wavelength bands. Before establishing 
a repeater within 16 km (10 miles) of the Arecibo Observatory or before 
changing the transmitting frequency, transmitter power, antenna height 
or directivity of an existing repeater, the station licensee must give 
notification thereof at least 20 days in advance of planned operation 
to the Interference Office, Arecibo Observatory, Post Office Box 995, 
Arecibo, Puerto Rico 00613, in writing or electronically, of the 
technical parameters of the proposal. Licensees who choose to transmit 
information electronically should e-mail to: [email protected]
    (1) * * *
    (2) If an objection to the proposed operation is received by the 
FCC from the Arecibo Observatory, Arecibo, Puerto Rico, within 20 days 
from the date of notification, the FCC will consider all aspects of the 
problem and take whatever action is deemed appropriate. The licensee 
will be required to make reasonable efforts in order to resolve or 
mitigate any potential interference problem with the Arecibo 
Observatory.

[FR Doc. 98-20528 Filed 7-31-98; 8:45 am]
BILLING CODE 6712-01-P