[Federal Register Volume 66, Number 36 (Thursday, February 22, 2001)]
[Rules and Regulations]
[Pages 11113-11117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4215]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[FCC 01-30]


33-36 GHz for Federal Government Use

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The document amends the Table of Frequency Allocations, by 
adding a new footnote, US360, to permit use of the band 33-36 GHz by 
the Federal Government fixed-satellite service (FSS), space-to-Earth. 
An existing footnote, G117, also was revised to denote that the Federal 
Government's use of this band is limited to military systems. This 
action was taken in response to a request filed by the Administrator, 
National Telecommunications and Information Administration (``NTIA'') 
for the purpose of advancing, supporting, and accommodating the 
national defense.

DATES: Effective February 22, 2001.

FOR FURTHER INFORMATION CONTACT: Kathryn Hosford, Office of Engineering 
and Technology, (202) 418-0652.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order, FCC 01-30, adopted January 19, 2001, and 
released January 26, 2001. The full text of this Commission decision is 
available on the Commission's Internet site at http://www.fcc.gov. It 
is available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Room CY-A257, 445 12th Street, 
SW., 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. On January 12, 2001, the Administrator, NTIA, requested that the 
Commission add a United States footnote to the United States Table of 
Frequency Allocations, 47 CFR 2.106, that would allocate the band 33-36 
GHz on a primary basis to the Federal Government fixed-satellite 
service (space-to-Earth). NTIA stated that this matter involves 
military functions, as well as specific national security interests of 
the United States, that the reallocation is essential to fulfill 
requirements for Federal Government space systems to perform 
satisfactorily, and that these Department of Defense (``DoD'') 
requirements cannot be accommodated in frequency bands currently 
allocated for Federal Government fixed-satellite service (space-to-
Earth). NTIA indicated that the Federal Government footnote G117 will 
be modified to limit Federal Government fixed-satellite use of this 
band to military systems. NTIA also requested expedited consideration, 
and that the rules be amended without public notice or comment due to 
the near-term national security interests.
    2. Nationally, the band 33-33.4 GHz is shared Federal Government 
and non-Federal Government spectrum that is allocated to the 
radionavigation service on a primary basis. In the sub-band 31.8-33.4 
GHz, ground based radionavigation aids are permitted only where they 
are used in cooperation with airborne or shipborne radionavigation 
devices. Non-Federal Government airborne radionavigation devices are 
licensed under Part 87 of the Commission's Rules. This allocation, 
however, is currently unused by non-Federal Government licensees.
    3. The band 33.4-36 GHz is allocated to the radiolocation service 
on a primary basis for the Federal Government and on a secondary basis 
for non-Federal Government use. However, all non-military radiolocation 
devices operating in this band are secondary to the military services, 
except for the sub-band 34.4-34.5 GHz, where weather radars on board 
meteorological satellites for cloud detection are authorized to operate 
on an equal basis with military radiolocation devices. In the sub-band 
34.2-34.7 GHz, an additional allocation is made for space research 
service (deep space, Earth-to-space) at Goldstone, California. In the 
band 33.4-36 GHz, non-Federal Government radiolocation is permitted 
under part 90 of the Commission's Rules. There is currently only 
limited non-Federal Government use of the band 33.4-36 GHz. The

[[Page 11114]]

majority of these uses are limited to speed control and testing and 
development purposes.
    4. Based on the representations of NTIA that the reallocation is 
essential to fulfill requirements for Federal Government space systems 
to perform satisfactorily and that these DoD requirements cannot be 
accommodated in frequency bands currently allocated for Federal 
Government fixed-satellite service (space-to-Earth) use, the Commission 
found that the public interest would best served by accommodating 
NTIA's request and adding United States footnote US360 to, and amending 
Federal Government footnote G117 of, the Table of Frequency 
Allocations. Upon review of the Commission's records, there appeared to 
be little, if any, impact on non-Federal Government services.
    5. Further, the Commission took this action without notice and 
comment procedures. Section 553 of the Administrative Procedure Act 
(APA) states that rulemaking proceedings are required ``except to the 
extent that there is involved'' (1) a military or foreign affairs 
function of the United States.'' 5 U.S.C. 553(a)(1). The Commission's 
Rules, moreover, state that rule changes including any military, naval, 
or foreign affairs functions of the United States ``will ordinarily be 
adopted without prior notice.'' 47 CFR 1.412(b)(1). The APA also 
includes a good cause exception to rulemaking requirements when such 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' 5 U.S.C. 553(b)(3)(B). The Commission noted that, as a 
general matter, public notice requirements are an essential component 
of its legal authority. In this instance, however, the Commission found 
it appropriate to take this action without public notice because this 
matter involved the exercise of military functions of the United States 
based on specific national security needs and that good cause exists 
that notice and public procedures are unnecessary and contrary to the 
public interest. See 5 U.S.C. 553 (a)(1), (b)(3)(B); 47 CFR 
1.412(b)(1), (c); Bendix Aviation Corp. v. F.C.C., 272 F.2d 533 (D.C. 
Cir. 1959), cert. denied sub nom. Aeronautical Radio, Inc. v. U.S., 361 
U.S. 965 (1960). Additionally, due to the near term national security 
requirements noted by NTIA, the Commission found good cause to expedite 
this request and make the amendments effective immediately upon 
publication in the Federal Register. 5 U.S.C. 553(d)(3).

List of Subjects in 47 CFR Part 2

    Radio, Telecommunications.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 2 as follows:

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: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


    2. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
    a. Revise pages 75 and 76.
    b. Revise United States footnote US252 and add footnote US360.
    c. Revise Federal Government footnote G117.
    The addition and revisions read as follows:


Sec. 2.106  Table of Frequency Allocations.

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United States (US) Footnotes

* * * * *
    US252 The bands 2110-2120 MHz, 7145-7190 MHz, and 34.2-34.7 GHz 
are also allocated for Earth-to-space transmissions in the space 
research service, limited to deep space communications at Goldstone, 
California.
* * * * *
    US360 In the band 33-36 GHz, the Government fixed-satellite 
service (space-to-Earth) is also allocated on a primary basis. 
Coordination between Government fixed-satellite service systems and 
non-Government systems operating in accordance with the United 
States Table of Frequency Allocations is required.
* * * * *

Federal Government (G) Footnotes

* * * * *
    G117 In the bands 7.25-7.75 GHz, 7.9-8.4 GHz, 17.8-21.2 GHz, 30-
31 GHz, 33-36 GHz, 39.5-40.5 GHz, 43.5-45.5 GHz, and 50.4-51.4 GHz, 
the Government fixed-satellite and mobile-satellite services are 
limited to military systems.
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[FR Doc. 01-4215 Filed 4-21-01; 8:45 am]
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