[Federal Register Volume 66, Number 101 (Thursday, May 24, 2001)]
[Proposed Rules]
[Pages 28686-28718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11539]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 73, 74, and 78

[ET Docket No. 01-75; FCC 01-92]


Revisions to Broadcast Auxiliary Service Rules

AGENCY: Federal Communications Commission

ACTION: Proposed rule.

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SUMMARY: In this document the Commission conducts an extensive review 
of the Broadcast Auxiliary Services (BAS) rules and proposes changes to 
create a more efficient BAS that can readily adapt to regulatory and 
technological changes. In addition, the Commission examines the 
relationship between BAS, the Cable Television Relay Service (CARS), 
and the Fixed Microwave Service. The Commission also examines the use 
of wireless assist video devices (WAVDs) on unused television channels.

DATES: Comments must be submitted on or before June 25, 2001, and reply 
comments on or before July 23, 2001.

ADDRESSES: All filings must be sent to the Commission's Secretary, 
Magalie Roman Salas, Office of Secretary, Federal Communications 
Commission, 445 12th Street, SW., TW-A325, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Ira Keltz, Office of Engineering and 
Technology, (202) 418-0616.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making in ET Docket No. 01-75, adopted March 16, 2001, 
and released March 20, 2001. 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), 445 12th 
Street, SW., Washington, DC, and also may be purchased from the 
Commission's copy contractor, International Transcription Services, 
Inc., (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC 
20037.

Summary of the Notice of Proposed Rule Making

    1. The Notice of Proposed Rule Making conducts an extensive review 
of the Broadcast Auxiliary Services (BAS) rules and proposes changes to 
create a more efficient BAS that can readily adapt to regulatory and 
technological changes. The Notice of Proposed Rule Making also examines 
the relationships between the BAS and the radio services that share 
frequency bands with the BAS. In many cases the BAS, the Cable 
Television Relay Service (CARS) (part 78), and Fixed Microwave Services 
(FS) (part 101) authorize technically and operationally similar 
stations (i.e., they use the same equipment, channelization, bandwidth, 
etc.) in shared frequency bands. The technical rules for these services 
are not always consistent, which, at times, has led to confusion 
regarding compliance and difficulties when licensees in different 
services have tried to operate in common geographic areas. Because we 
believe that this issue must be addressed to ensure that shared bands 
are used as efficiently as possible, we initiate this proceeding and 
again seek comment on the best way to conform the technical rules for 
these services.
    2. One of our main goals is to ensure that licensees can operate in 
an environment in which the potential for interference is minimized. 
Interference protections are essential to spectrum usage rights to 
prevent licensees from unduly affecting other licensees in terms of 
system operation or cost. Nonetheless, we attempt to establish rules 
that are no more restrictive than necessary to achieve our goals in 
order to provide maximum flexibility to our licensees. Therefore, we 
seek comment on the extent that commenters believe our proposals or 
other portions of the rules relevant to this proceeding are more 
restrictive than necessary to achieve our goals.
    3. The significant proposals made by this NPRM concerning BAS, as 
well as CARS and FS operations that share frequency bands with BAS, are 
as follows:
     We propose to permit TV and aural BAS stations to use any 
available digital modulation techniques in all BAS frequency bands. 
This proposal would allow BAS stations to take advantage of the latest 
developments in technology and to smooth the transition to digital TV 
and radio.
     We propose to update the BAS emission masks to facilitate 
the introduction of digital equipment and to provide consistency with 
those used in part 101.
     We propose to modify the equation used by BAS and CARS for 
determining the maximum effective isotropic radiated power (EIRP) for 
short path lengths. This proposal would eliminate the steep reduction 
in EIRP for path lengths shorter than the minimum for which we permit 
the use of full power.
     We propose to allow BAS and CARS stations to use automatic 
transmit power control (ATPC) in order to facilitate more efficient 
spectrum use.
     We propose to update the transmitter power rules for BAS 
and CARS to provide EIRP limits for all frequency bands.
     We propose to require TV BAS and CARS services to prior 
coordinate their frequency use when using shared frequency bands. This 
proposal would serve to minimize instances of harmful interference that 
occur when a new station begins transmitting.
    4. In addition, we make a variety of proposals designed to update 
the BAS rules. Our initiatives include instituting temporary 
conditional authority for all

[[Page 28687]]

BAS stations, updating the Remote Pickup BAS channel plan to provide 
compatibility with the channel plan adopted for private land mobile 
radio (PLMR) in the Commission's Refarming proceeding (PR Docket No. 
92-235), updating the short-term operation rules, and updating the BAS 
application rules to make them consistent with the Universal Licensing 
System (ULS). We also propose, without discussion, many minor rule 
changes intended to clarify or fix typographical errors in existing 
rules.
    5. Finally, we propose to allow wireless assist video devices to 
operate on certain VHF-TV and UHF-TV channels on a non-interference 
basis to services allocated on that spectrum. These devices, which are 
already used by broadcasters, are needed to aid film and television 
producers in filming at various locations in a cost effective manner 
and should result in a greater use of a finite spectrum resource.

BAS Technical Rules (Part 74) and Conforming Technical Rules for 
Parts 74, 78 and 101

Digital Modulation in the 2 GHz, 7 GHz, and 13 GHz Bands

    6. Emission limitation requirements (emission masks) for digital 
modulation is addressed in 47 CFR 74.637(c), which provides an emission 
mask for analog or digital modulation in the 6425-6525 MHz, 17,700-
19,700 MHz, and 31.0-31.3 GHz bands. Although the rules do not 
specifically prohibit digital modulation in other TV BAS bands (i.e., 
2025-2110 MHz, 2450-2483.5 MHz, 6875-7125 MHz, and 12,700-13,250 MHz), 
the Commission policy relative to BAS has been to allow digital 
modulation only in bands where it is specifically authorized. To 
facilitate the transition to digital TV and to accommodate narrower 
channels in the 2 GHz band, we propose to modify the rules in 
Sec. 74.637 to permit digital modulation in all TV BAS bands. In 
addition, to allow aural BAS licensees to take advantage of the 
spectral efficiency that digital modulation offers, we propose to 
modify 47 CFR 74.535 to permit the use of any digital modulation in all 
aural BAS bands.

Maximum Effective Isotropic Radiated Power (EIRP) for Short Paths

    7. 47 CFR 74.644 specifies the minimum path length for which the 
maximum EIRP will be authorized for fixed links for TV BAS. Applicants 
proposing path lengths shorter than those specified, are required to 
reduce power in accordance with the equation provided in the rule 
section. We note that the rules in 47 CFR 78.108(b) for the CARS also 
use the same equation as used for BAS for determining the minimum path 
length. We believe that the CARS also would benefit from modifying the 
equation for determining maximum power for short path lengths. 
Accordingly, we propose to modify our rules to implement in 47 CFR 
74.644 and 78.108 the same equation codified at 47 CFR 101.143 for 
determining the maximum EIRP for path lengths shorter than the 
specified minimum. We seek comment on this proposal.
    8. We note that 47 CFR 74.644 does not specify a minimum path 
length for fixed BAS links in the 2450-2483.5 MHz band. However, part 
101 does specify a minimum path length of 17 kilometers for the FS in 
all bands between 1850 and 7150 MHz. To promote spectrum efficiency by 
preventing the use of overpowered systems over short paths, we believe 
it would be beneficial to specify a minimum path length for BAS in the 
2450-2483.5 MHz band. Thus, we propose to adopt a minimum path length 
of 17 kilometers for the BAS in the 2450-2483.5 MHz band. We request 
comment on whether this proposal would unnecessarily constrain part 74 
operations. Additionally, we propose to grandfather any existing fixed 
links that may be less than 17 kilometers at their current power.

Transmitter Power

    9. Currently, 47 CFR 74.636 and 74.534 specify the power 
limitations for TV and aural BAS, respectively. For some frequency 
bands only transmitter output power is specified, and for some 
frequency bands both transmitter output power and EIRP, which describes 
the amount of energy that is actually being radiated by the 
transmitting antenna, are specified. Because EIRP describes the amount 
of energy that is actually being radiated, it is the parameter that is 
pertinent to understanding the RF environment for coordinating stations 
and mitigating interference. Further, the use of the equation for 
maximum EIRP for short path lengths proposed above is contingent on the 
rules specifying a maximum EIRP value in each frequency band in which 
the equation applies. In addition, specification of EIRP values for BAS 
is consistent with the Commission's implementation of the Universal 
Licensing System (ULS), which is used to process BAS applications with 
those in part 101. We propose to modify the BAS rules to specify 
maximum EIRP values for all aural and TV BAS frequency bands.
    10. We note that the rules in part 101 for FS microwave licensees 
specify EIRP values. Where EIRP values exist in the part 101 rules for 
fixed operations in frequency bands shared with fixed BAS, we propose 
to adopt the part 101 value for fixed BAS in the same band. Because 
many BAS and part 101 services are similar in nature, it appears 
reasonable for the same values to be used in both rule parts. 
Specifically, we propose that fixed operations for TV BAS in the 1990-
2110 MHz and 2450-2500 MHz bands have EIRP limits of 45 dBW. For aural 
BAS in the 944-952 MHz band, we propose to limit EIRP to 40 dBW, which 
is identical to the limit specified in part 101 for FS in the 941.5-944 
MHz and 952-960 MHz bands.
    11. EIRP values also are necessary for mobile TV BAS operations in 
the 1990-2110 MHz and 2450-2500 MHz. The EIRP limits for mobile BAS can 
be generated using the maximum allowable transmitter power currently 
specified in the part 74 rules in conjunction with the gain of commonly 
available antennas. Our research suggests that typical maximum antenna 
gain is approximately 25 dBi in the 1990-2110 MHz and 2450-2500 MHz 
bands, and the maximum transmitter power is 12 watts (10.8 dBW) in 
these bands; this equates to an EIRP of 35.8 dBW. Accounting for some 
line loss, we propose to allow mobile operations to transmit at a 
maximum EIRP of 35 dBW in the 1990-2110 MHz and 2450-2500 MHz bands.
    12. We also propose to adopt similar EIRP limits for CARS in 
frequency bands shared with part 74 and 101 operations to ensure that 
the anticipated benefits of these proposals can be enjoyed by all 
licensees in these bands. Specifically, we propose to adopt an EIRP 
limit of 35 dBW for mobile CARS operations in the 1990-2110 MHz band, 
identical to the proposal for TV BAS, and maintain the 55 dBW EIRP 
(fixed) and 45 dBW EIRP (mobile) limits for TV BAS and CARS operations 
in the 12,700-13,250 MHz band. We note that the part 101 rules for FS 
stations operating in the 12,700-13,250 MHz band only allow a maximum 
EIRP of 50 dBW. However, because BAS and CARS stations transmit 
multichannel video signals and FS stations do not, we believe the 
additional power is warranted to ensure reliable service. Finally, we 
propose to grandfather at their current power levels, existing stations 
that may be transmitting at EIRP levels above those proposed.
    13. We seek comment on all aspects of these proposals. In 
particular, we ask commenters to address whether the proposed EIRP 
values are appropriate for BAS and CARS operations, and whether they 
provide adequate power

[[Page 28688]]

for BAS and CARS stations to transmit over typical distances for 
various types of applications. Are the power levels too high as to 
cause difficulty in coordinating operations in certain areas? Would 
these proposals negatively impact the flexibility of BAS and CARS 
operations? Because digital signals generally require less power than 
analog signals, should we consider adopting different power standards 
for digital and analog equipment? If so, what should those values be? 
Also, commenters should address whether the EIRP for part 101 users 
operating in the 12,700-13,250 MHz band should be raised to 55 dBW.
    14. Finally, we note that the transmitter power rules in part 101 
specify only EIRP values and do not specify values for transmitter 
output power. Should we similarly amend the BAS rules to remove the 
specifications for transmitter output power from the rules? When 
considering this, commenters should keep in mind that FCC Form 601 does 
not collect output power for TV and aural BAS applications. 
Furthermore, for the purpose of frequency coordination only the EIRP is 
needed because it is a measure of station presence and transmitter 
output power is not. Commenters should also address what effect such 
action may have on the equipment authorization process and what changes 
to those processes may need to be made.

Emission Masks

    15. Emission masks serve to maximize spectrum efficiency by 
permitting reasonable and practical information transfer within a 
channel and at the same time limiting out of band emissions to minimize 
adjacent channel interference. Our rules contain a number of emission 
masks tailored to specific operations and channel sizes. Although the 
same equipment is often certified and used by licensees in different 
services, our rules, in some cases, allow each service to use a 
different emission masks for the same type of emission (e.g., FM, AM, 
etc.) in the same frequency band.
    16. We propose to make the emission mask requirements for BAS 
consistent with the emission mask requirements for FS microwave 
services in part 101. We believe that the part 101 emission masks have 
proven effective for this type of service and that imposing a single 
set of standards across shared frequency bands will simplify the 
manufacturing and equipment authorization processes. Additionally, 
consistent rules will provide a level of certainty to licensees 
regarding the expected RF environment, minimize the potential of 
harmful interference and simplify the frequency coordination process. 
Additionally, we propose to grandfather existing equipment authorized 
pursuant to current emission masks. We seek comment on these proposals.
    TV BAS:
     For FM modulation in all TV BAS frequency bands, to 
eliminate the FM emission mask of Sec. 74.637(a) and to apply the FM 
emission mask of Sec. 74.637(c)(1). The emission mask in paragraph 
(c)(1) of Sec. 74.637 would provide equipment manufacturers more 
flexibility in the design of equipment because it permits the out-of-
band emissions to be attenuated at a slightly slower rate. Such 
flexibility can be gained without compromising the interference 
potential of these transmitters because we believe that the specified 
attenuation is sufficient to protect adjacent channel operations;
     For digital modulation in TV BAS frequency bands above 15 
GHz, to apply the emission mask for digital modulation in 
Sec. 74.637(c)(2);
     For digital modulation in all TV BAS frequency bands below 
15 GHz, to apply the emission mask for digital modulation in 
Sec. 101.111(a)(2)(i) of this chapter;
     For vestigial sideband amplitude modulation in all TV BAS 
frequency bands, to apply the emission mask for vestigial sideband 
amplitude modulation in Sec. 74.637(c)(3); and
     For all other types of modulation in all TV BAS frequency 
bands, to apply the emission mask of Sec. 74.637(b).
    Aural BAS:
     For FM modulation in all aural BAS frequency bands, to 
eliminate the FM emission mask of Sec. 74.535(a) and to apply the FM 
emission mask of Sec. 74.535(e)(1). As with the choice of emission mask 
for TV BAS, the emission mask of paragraph (e)(1) would provide 
equipment manufactures more flexibility in equipment design than the 
emission mask of paragraph (a) of Sec. 74.535;
     For digital modulation in aural BAS frequency bands above 
15 GHz, to apply the emission mask for digital modulation in 
Sec. 74.535(e)(2);
     For digital modulation in aural BAS frequency bands below 
15 GHz, to apply the emission mask for digital modulation in 
Sec. 101.111(a)(2)(i) of this chapter; and
     For all other types of modulation in all aural BAS 
frequency bands, to apply the emission mask of Sec. 74.535(b).
    17. In trying to provide consistency among the various rule parts, 
we are also mindful of certain differences between them, such as the 
type of multiplexing employed, the type and amount of data or program 
material transmitted, and the method of transmission. For example, BAS 
and CARS are beginning to deploy digital multichannel video systems 
which are not used by FS users. Additionally, these stations may use 
various modulation schemes, such as OFDM or COFDM and others. In light 
of these developments, we seek comment on the validity of our proposals 
to adopt the Part 101 digital emission masks for BAS.
    18. One of the main objectives of this NPRM is to provide the 
necessary regulatory framework to ensure that digital equipment can be 
used in all BAS frequency bands. It is likely that for the foreseeable 
future many BAS operations both above and below 15 GHz will continue to 
be analog. However, as users upgrade equipment and the transition to 
DTV continues, more digital equipment will be deployed. Given this 
situation, we ask commenters to address whether the BAS and FS should 
continue to have different digital emission masks above and below 15 
GHz. We note that analog BAS operations in shared bands above 15 GHz, 
e.g., the 17.7-19.7 GHz band, are currently operating adjacent channel 
to digital Part 101 equipment. Additionally, we ask commenters to 
address whether the current Part 101 emission masks are applicable to 
BAS operation. Commenters that believe a different emission mask should 
be adopted should provide details on an appropriate emission masks for 
digital operation. What parameters need to be considered? What type of 
roll-off is appropriate to ensure sufficient information transfer while 
providing adequate protection to adjacent channels? Also, we seek 
comment of whether the same or different emission masks should be 
applied to CARS and FS stations.
    19. We also propose to adopt a standard measurement procedure for 
the above proposed emission masks to measure the emission's 
interference potential and ensure that the instrumentation does not 
detrimentally affect the measurement. Therefore, we propose that the 
measuring instrumentation for complying with the emission masks use a 
minimum resolution bandwidth of 100 kilohertz for bands below 1 GHz and 
a resolution bandwidth of 1 megahertz for bands above 1 GHz. This 
proposal is consistent with available measurement instrumentation. 
Additionally, we note that the current industry trend for measuring 
digital emissions just outside the channel is to use measuring

[[Page 28689]]

instrumentation having a minimum resolution capability of 1% of the 
bandwidth of the carrier emission. This is evidenced by measurement 
procedures and interpretations in our rules (see, e.g., 47 CFR 
15.321(d), 15.323(d) and 24.238(b)) for the licensed Personal 
Communications Services (PCS) and unlicensed PCS devices. Should a 
similar measurement procedure for emissions adjacent to the channel be 
used for BAS? We seek comment on our proposal, including what 
procedures should be used. To ensure consistency across frequency bands 
shared with the FS microwave service, should a similar measurement 
requirement be adopted for part 101 emission masks? If we adopt similar 
emission masks for the CARS, should a similar measurement requirement 
be adopted for part 78 emission masks?
    20. With respect to compliance with the emission mask requirements, 
an additional issue that must be addressed is equipment that 
multiplexes both analog and digital signals for transmission over a 
single channel. Such operation complicates the equipment certification 
process because the emission masks are referenced to either analog or 
digital modulation techniques, but not both. In the FS, a transmitter 
is considered to be using digital modulation techniques, and must meet 
those emission requirements, when digital modulation occupies 50% or 
more of the total peak frequency deviation of a transmitted radio 
frequency carrier. We believe this rule has worked well for equipment 
in use under part 101, and we propose to adopt a similar requirement 
for the emission masks for TV and aural BAS. We seek comment on whether 
this is the best method for ensuring compliance with our emission mask 
rules when analog and digital signals are multiplexed.
    21. Finally, an issue related to the characterization of analog/
digital multiplexed transmitters involves the assignment of emission 
designators. In many cases, this hybrid equipment uses frequency 
division multiplexing and transmits the analog and digital signals 
side-by-side. When this technique is used, the analog and digital 
signals are transmitted on frequencies offset from the assigned 
frequency. For example, a hybrid transmitter with a 25 megahertz 
bandwidth may have a 15 megahertz analog signal centered on a frequency 
5 megahertz above the assigned frequency and a digital signal centered 
on a frequency 7.5 megahertz below the assigned frequency. SBE asks 
that these transmitters be licensed using a dual emission designator, 
rather than the single designator used for conventional FM video analog 
STLs. We note that the ULS is not designed to recognize a dual emission 
designator and is unable to capture the information SBE requests. ULS 
does, however, enable licensees to obtain authorizations for both 
analog and digital emissions by allowing multiple emission designators 
to be associated with an authorized frequency. In this instance, 
though, the emission designator would need to depict the entire 25 
megahertz bandwidth for each type of emission. We further note that the 
information sought by SBE can be determined using the transmitter 
manufacturer and model number which ULS does collect. For these 
reasons, we propose that hybrid radios that multiplex analog and 
digital signals continue to use a single emission designator. We seek 
comment on this proposal.

Automatic Transmit Power Control

    22. Since 1996 when the Commission amended its part 101 rules, 
Automatic Transmit Power Control (ATPC) has been used successfully in 
the FS microwave bands. Because ATPC has been beneficial to efficient 
spectrum use in FS operations under part 101, we propose to amend the 
part 74 rules to state that TV BAS licensees may also use ATPC. We see 
no reason why the benefits of using ATPC should be limited to the TV 
BAS, and thus we also propose to modify Secs. 74.534 and 78.101 of our 
rules to allow licensees of aural BAS and CARS stations to use ATPC as 
well.

Interference to Geostationary Satellites

    23. Because the geostationary satellite rules are subject to 
international agreement, maintaining them in multiple rule parts is 
cumbersome and has led to varying requirements among the rules in parts 
74, 78, and 101 because they are not always updated at the same time. 
To remedy this situation, we propose to simplify the organization of 
the geostationary satellite protection rules by eliminating duplicative 
rule sections and having them appear only once. Therefore, we propose 
that the technical rules for protecting geostationary satellites from 
interference from terrestrial systems be maintained in part 101, and 
that parts 74 and 78 merely state that licensees must comply with the 
geostationary satellites protection rules contained in part 101. This 
proposal will have the effect of simplifying and streamlining our rules 
by keeping the rules regarding a common subject in one place, which 
ensures consistent treatment of all our licensees. Additionally, should 
these rules need future updating due to changes in the Radio 
Regulations or changes in service allocations, only one rule section 
will need to be amended. We seek comment on this proposal.

Frequency Coordination

    24. Currently, parts 74 and 78 of the Commission's rules for TV BAS 
and CARS require that the frequency coordination procedures of part 101 
be used for assignments in the 6425-6525 MHz and 17.7-19.7 GHz bands. 
The part 101 procedures generally require parties to coordinate their 
planned spectrum use with affected parties prior to filing a license 
application. Additionally, the TV BAS and CARS rules specify identical 
interference protection criteria for the 12,700-13,250 MHz band. Such 
rules are necessary to promote spectrum efficiency and to minimize the 
potential for any system to cause harmful interference to other systems 
in the same frequency band. In the part 101 Order, 61 FR 26670, May 28, 
1996, the Commission amended its rules to conform the frequency 
coordination procedures for microwave systems to the TIA industry 
standards and to apply these standards to all bands.
    25. As stated in the part 101 Order, common procedures and 
standards will simplify the rules and lead to economies of scale in 
microwave equipment. Those same benefits can also be enjoyed by BAS and 
CARS. Thus, we propose to require that all prospective applicants in 
frequency bands above 1990 MHz for TV BAS and CARS coordinate their 
planned spectrum use prior to filing applications, using the procedures 
of Sec. 101.103(d). Further, in order that applicants and licensees can 
easily locate the coordination rules, we propose to amend Sec. 78.36 to 
mirror the part 101 coordination rules. We seek comment on this 
proposal and ask if we should reference the part 101 rule within part 
78 rather than reproducing it.
    26. In addition to the efficiency benefits stated above, uniform 
frequency coordination requirements will simplify the coordination of 
stations operating in shared frequency bands and minimize the potential 
of stations causing harmful interference. We seek comment on our 
proposal to require TV BAS and CARS operations to prior coordinate 
their stations using the part 101 procedures. In considering this 
proposal, commenters should address whether a frequency coordination 
requirement should be imposed uniformly across the United States or 
should it only apply to the most heavily congested markets. If 
frequency coordination should only apply in certain markets, commenters 
should state which markets are

[[Page 28690]]

appropriate and the factors used in making that determination.
    27. Additionally, we note that coordination rules are not specified 
for aural BAS stations. Recognizing that thousands of aural BAS 
stations are in use serving AM and FM radio stations across the United 
States, we seek comment on whether the lack of coordination 
requirements for this service has led to interference situations. 
Should the Commission require aural BAS stations operating above 944 
MHz to also adhere to the procedures of Sec. 101.103(d)?

Frequency Tolerance

    28. Frequency tolerance is the maximum permissible deviation of the 
center frequency of an emission from its assigned frequency. To 
streamline our rules further and to offer manufacturers common 
technical standards for equipment, we propose to amend the frequency 
tolerance rules for TV BAS. Specifically, consistent with the proposal 
made in the part 101 NPRM, 65 FR 38333, June 20, 2000, we propose to 
eliminate separate frequency tolerance requirements for base and mobile 
operations. Additionally, we note that the current TV BAS frequency 
tolerance rules do not specify a limit for the 2450-2483.5 MHz band. To 
remedy this situation, we propose to adopt a frequency tolerance of 
0.001% for fixed and mobile TV BAS equipment operating in the 2450-
2483.5 MHz band. This proposal is consistent with the frequency 
tolerance allowed in Part 101 for FS this band. Finally, we propose to 
grandfather existing authorized equipment at their current frequency 
tolerance. We seek comment on this proposal.

Use of the 13.150-13.2125 GHz Band by BAS and CARS Pickup Stations

    29. Recently, in ET Docket No. 98-206, the Commission allocated 
Non-Geostationary Fixed Satellite Service (NGSO FSS) uplinks on a co-
primary basis in the 12.75-13.25 GHz band. However, the NGSO FSS 
systems were excluded from operating in the 13.15-13.2125 GHz band 
(channels A19, A20, B19 and B20). The 13.15-13.20 GHz portion of that 
band is currently used by TV BAS and CARS Pickup Stations within 50 
kilometers of the top 100 television markets and by fixed TV auxiliary 
stations in all other areas. In the NGSO Order, 66 FR 7607, January 24, 
2001, the Commission expanded these exclusions in favor of TV BAS and 
CARS to include frequencies up to 13.2125 GHz and to extend to the 
entire United States. The Commission took this action with the 
expectation that BAS and CARS mobile operations will concentrate their 
mobile use on those four channels. Based on the action taken in the 
NGSO Order, we propose to update Sec. 74.602(a) Note 2 to reflect these 
changes. Further, we propose to grandfather all fixed stations that 
were licensed in the 13.15-13.2125 MHz band prior to the effective date 
of the rules in the NGSO Order. We seek comment on this proposal.

Use of the 31.0-31.3 GHz and 38.6-40.0 GHz Bands by the BAS and CARS

    30. In 1997, the Commission reallocated the 31.0-31.3 GHz band to 
the Local Multipoint Distribution Service. Consequently, BAS and CARS 
are no longer authorized to obtain new assignments in that band, and a 
search of our database reveals that there are not any currently active 
authorizations for BAS or CARS in that band. In this connection, we 
note that the frequency assignment rules in 47 CFR 74.502 for aural 
BAS, 74.602 for TV BAS, and 78.18 for CARS no longer reference the 
31.0-31.3 GHz band. However, many of the technical rules continue to 
mention this band. Therefore, we propose to eliminate references to 
technical parameters for the 31.0-31.3 GHz band that currently exist in 
the aural BAS, TV BAS and CARS rules.
    31. Similar to the 31.0-31.3 GHz band, the Commission, in 1997, 
adopted rules and procedures to assign the 38.6-40.0 GHz band by 
competitive bidding. This band had been available for assignment to 
mobile BAS and CARS licenses without bandwidth limitation and on a 
secondary basis to fixed stations. In addition to the new assignment 
procedures, the Wireless Telecommunications Bureau (WTB), pursuant to 
delegated authority, adopted a Freeze Order, 61 FR 8062, March 1, 1996, 
announcing that the Commission would no longer accept for filing any 
new applications for 39 GHz licenses in the Common Carrier or 
Operational Fixed Point-to-Point Radio Services. In May 2000, the 
Commission assigned 2,173 licenses in 175 Economic Areas by competitive 
bidding in this band. Because the band has been auctioned and 
consistent with the Freeze Order, no new assignments can be made for 
BAS or CARS licenses in the 38.6-40.0 GHz band. Accordingly, we propose 
to remove all references to the 38.6-40.0 GHz bands from the BAS and 
CARS rules. As a final matter we note that there are 16 incumbent 
Television Pickup BAS and no CARS licensees operating in this band. The 
BAS licensees may continue to operate under the parameters of their 
current licenses and to renew them in the future. We seek comment on 
this proposal.

Additional Rule Consolidation

    32. We make various proposals which conform rules among parts 74, 
78, and 101. In general, for service specific rules, such as maximum 
EIRP for short path lengths and transmitter power, we keep those rules 
with each rule part. However, for rules that affect each of the 
services sharing spectrum, our preference is to list that rule only in 
one location and cross reference the other rule parts to that single 
listing. For example, we propose that the rules regarding interference 
to geostationary satellites be listed only in part 101 and cross 
referenced from parts 74 and 78. When several services are subject to 
the same requirements, having that requirement in only one location 
ensures consistent treatment of all our licensees and simplifies the 
update process if any of these procedures should change. We seek 
comment on whether there are additional instances in which the rules 
can be consolidated and cross referenced.

BAS Service Rules (Part 74)

Temporary Conditional Authority

    33. To complement the above proposal that aural and TV BAS stations 
coordinate their applications prior to filing, we propose to allow 
applicants who apply for new or modified stations to operate under 
temporary conditional authority after an application has been properly 
filed with the Commission. Our experience regarding temporary 
conditional operation in parts 90 and 101 has shown it to be a useful 
tool which enables applicants to begin providing service in a timely 
manner without having to wait for the Commission to finish processing 
their applications. This proposal, however, is contingent on our 
proposal to require prior frequency coordination of the requested 
operations. By relying on the coordination process, the Commission can 
be assured that BAS operations will not cause harmful interference to 
existing stations.
    34. In addition to requiring prior coordination, we propose to make 
temporary conditional authority subject to the following conditions:
     The applicant must be eligible to operate the particular 
class of broadcast auxiliary station.
     The station must be operating in conformance with the 
rules for that particular class of station and in accordance with the 
terms of the frequency coordination.

[[Page 28691]]

     The application does not propose operation in an area that 
requires international coordination.
     The application does not request a waiver of the 
Commission's rules.
     The proposed station will not significantly affect the 
environment as defined in part 1, subpart I of the Commission's rules.
     The antenna structure either has a FCC Registration Number 
or is determined to not need one.
     The proposed station affords protection to radio ``quiet'' 
zones and monitoring stations.
    35. We also propose to allow temporary conditional authority for 
low power auxiliary stations authorized under part 74, subpart H. 
Although these stations do not require prior coordination and we are 
not proposing to add such a requirement, we believe that they can 
operate under this authority without harming existing operations due to 
the restriction that they limit their power to 1 watt output power.
    36. We propose to remove 47 CFR 74.431(g) and adopt a new rule 
section, 47 CFR 74.25, to allow temporary conditional authorizations 
for all broadcast auxiliary services. We seek comment on these 
proposals.

Short-Term Operation

    37. Section 47 CFR 74.24 provides broadcast licensees regulated 
under part 73 of our rules (i.e., AM, FM, and TV broadcast stations, 
including Class A stations) with the authority to operate a broadcast 
auxiliary station on a short-term basis, for up to 720 hours per year, 
without prior authorization from the Commission. This rule provides 
broadcasters with flexibility to respond to short term situations such 
as a newsworthy event outside of a station's normal operating area, 
without coming to the Commission with requests for special temporary 
authority (STA). We note that this rule does not afford the same 
flexibility to broadcast network entities, cable network entities, or 
Low Power Television Stations (LPTV), even though these entities are 
eligible to hold BAS licenses. Because we believe that broadcast and 
cable network entities and LPTV stations would benefit from the short-
term operation rule and such use would provide equity under our rules 
for all entities eligible for a BAS license, we propose to expand the 
eligibility of this rule.
    38. As noted, there is a notification requirement with which 
licensees must comply prior to operating under the short-term operation 
rule. This notification requirement, however, does not apply when ``* * 
* an unanticipated need for immediate short-term mobile station 
operation would render compliance with the provisions of this paragraph 
impractical.'' For example, a station may wish to send a news crew to 
report on a natural disaster that occurs outside of its service area, 
which by its nature is not a planned event. On the other hand, stations 
may wish to report from a convention or sporting event or other planned 
events. In these instances, it is not acceptable to bypass the 
notification requirement. Because these are scheduled events, stations 
should have ample time to provide the necessary notification prior to 
the event. Accordingly, we propose to clarify that entities may not 
invoke the notification exception for scheduled events.
    39. The Commission often designates a coordinator as the single 
point of contact for advance coordination of auxiliary broadcast 
frequency usage for major national and international level scheduled 
news events. In the past, groups would petition the Commission prior to 
a major event and volunteer to act as the special event coordinator. 
The Commission has taken this action based on concern that 
uncoordinated use of auxiliary broadcast stations on a temporary basis 
might result in spectrum congestion and excessive interference causing 
less complete broadcast coverage. Currently, the rules do not contain a 
procedure for designating a coordinator for short-term operations. To 
remedy this deficiency, we propose that procedures to designate a 
coordinator for short-term operations be placed in the rules. 
Specifically, the Commission will not, on its own, designate a special 
events coordinator. Such designation will continue to be bestowed on an 
entity only after the Commission receives a request to designate a 
coordinator. The Commission will issue a Public Notice to inform the 
broadcast industry that such a designation has been made. Typically, 
these Public Notices have been issued at least three months prior to an 
event, with many occurring up to a year prior. Once an organization 
receives such designation, coordination must be done on a non-
discriminatory basis. Entities must abide by the decision of the 
coordinator. However, if a disagreement arises, the Commission will be 
the final arbiter of any dispute. We seek comment on this proposal.
    40. We also seek comment on the current limitation of 720 hours per 
year per frequency for short-term operations. Based on the way event 
coverage has changed over time, is this limit still appropriate? Should 
it be increased or decreased? Additionally, we note that there is no 
requirement for stations to log or report their short-term use under 
this section, and thus there is no way to track operation under this 
rule and verify compliance. Should we require stations to keep a log of 
their short term use in their station records, or alternatively, should 
we eliminate the 720 hour limit? We seek comment on this and all 
aspects of our proposals regarding the short-term operation rule.

Use of UHF-TV Channels for TV STLs and TV Relay Stations

    41. Under 47 CFR 74.602(h), TV STLs and TV relay stations may be 
authorized, on a secondary basis, to operate on spectrum allocated for 
UHF-TV stations. In addition to being secondary to full power UHF-TV 
and Class A TV stations, these stations are also secondary to LPTV 
stations and translator stations, and to land mobile stations 
authorized under parts 22 and 90 of the rules in areas where land 
mobile sharing is currently permitted. Also, because transmissions by 
TV STL and relay stations are not necessarily used by licensees to 
transmit information for broadcast over the air, their signals are not 
intended for reception by the general public. To meet these 
obligations, licensees generally employ a narrow-beam point-to-point 
signal. The rules, however, do not contain any guidelines regarding 
acceptable power limits or antenna specifications for these stations. 
Instead, the Commission has developed policies to determine compliance 
of these stations with the rules. Specifically, applicants that request 
output power greater than 20 watts or a transmitting antenna with a 3 
dB beamwidth greater than 25 degrees are asked to submit an engineering 
analysis to demonstrate why the higher output power or wider beamwidth 
is necessary. Because the Commission is increasingly relying on 
automated processing, as evidenced by the ULS, we believe that it would 
be beneficial to codify operational parameters for these stations so 
that prospective applicants have as much information as possible to 
assist them. We believe that this will shorten the application process 
by minimizing the number of applications that need to be returned due 
to failure to submit an engineering analysis if the stated 
specifications are exceeded. We believe that an appropriate trigger for 
requiring an engineering analysis is an EIRP for the proposed system of 
35 dBW. We expect that allowing licensees to use EIRPs up to 35 dBW 
without submitting an engineering analysis will provide licensees with 
flexibility to choose optimal power and antennas for their

[[Page 28692]]

systems while meeting the requirements of transmitting on a non-
interference basis and propose to adopt this limit in our rules.
    42. We believe that our current policy, which limits the antenna to 
a 3 dB beamwidth of 25 degrees or less has served both users and those 
they are required to protect. The Commission also has generally 
requested operators of these stations to transmit using vertical 
polarization, rather than the standard horizontal polarization that is 
employed for TV transmissions. The Commission implemented this policy 
to safeguard STL and relay station transmission from reception by the 
public. We believe that these criteria also should be codified in the 
rules. Accordingly, we propose to modify 47 CFR 74.602(h) of the rules 
to require applicants for TV STLs or TV relay stations to comply with 
the three technical parameters described above or to submit an 
engineering analysis explaining why higher power, a wider antenna, or a 
different polarization is needed.
    43. In addition, we note that the Commission regularly licenses TV 
translator relay stations on UHF-TV channels. Therefore, to make the 
rules consistent with current licensing policy, we propose to 
explicitly state in 47 CFR 74.602(h) that these stations may be 
authorized to operate on UHF-TV channels on a secondary basis, subject 
to the same guidelines described above. We seek comment on this 
proposal.
    44. Finally, the current rules in 47 CFR 74.602(h) authorize the 
secondary point-to-point use of TV STL and TV relay stations on UHF-TV 
channels 14-69. We note that the Balanced Budget Act of 1997 directed 
the Commission to auction recaptured television broadcast spectrum and 
to allocate spectrum in the 746-806 MHz band (UHF-TV channels 60-69) 
for public safety services and for commercial use. The Commission has 
already implemented the reallocation of the 746-806 MHz band and 
intends to reallocate the 698-746 MHz band (UHF-TV channels 52-59) in 
the future. In light of the reallocation of the UHF-TV channels above 
channel 51, we propose to limit future secondary point-to-point use of 
TV STL and TV relay stations to UHF-TV channels 14-51. We further 
propose to grandfather existing stations that operate on the UHF-TV 
channels above channel 51. We seek comment on this proposal.

TV BAS Sound Channels

    45. 47 CFR 74.603 of the Commission's rules provides authority for 
TV BAS stations to use an aural broadcast STL or intercity relay 
station licensed under the aural BAS rules to transmit the aural 
portion of a television broadcast program. This use is on a secondary 
non-interference basis to programming of aural broadcast stations. It 
is our understanding that the current practice within the industry is 
to use multiplexing techniques, rather than separate sound channels, to 
transmit the aural portion of their programming along with the video 
portion over a single TV BAS channel. Therefore, we believe that 47 CFR 
74.603 is no longer necessary, and we propose to eliminate it. 
Additionally, we propose to eliminate the corresponding provision of 47 
CFR 74.502(b) that provides TV BAS licensees' authorization to use the 
aural BAS channels. If we eliminate these provisions as proposed, we 
seek comment on whether the aural BAS rules need to be modified to 
specify that aural BAS stations are for the transmission of aural 
program material of an aural broadcast station in all places where the 
rules simply refer to a broadcast station.
    46. We seek comment on whether we should delete 47 CFR 74.603(c), 
which provides grandfathering rights so that TV BAS stations could 
continue operating aural STL or intercity relay stations that were in 
service prior to July 10, 1970. That rule states that such 
grandfathering could continue until the Commission makes a decision on 
their disposition through a rule making proceeding. In particular, we 
seek comment on whether any stations continue to maintain and operate 
separate stations for aural and video content and where such use 
occurs. This proposal might particularly affect stations in smaller 
markets where there are fewer AM or FM radio stations.

Remote Pickup Broadcast Auxiliary Frequency Assignment

    47. In 1984, the Commission wrote a comprehensive revision of the 
rules for remote pickup frequency assignments, which split the channels 
in the 150 MHz, 160 MHz and 450 MHz bands into 5 kilohertz channels 
that could be ``stacked'' to create channels of various sizes. Thus, 
licensees could continue operating their equipment under existing 
licenses and new licensees, and existing licensees seeking to update 
their systems could make use of newer narrowband technology. The Report 
and Order, 49 FR 45155, November 15, 1984, however, stated that an 
effective date for these rules would be specified in a future Order. To 
date, the Commission has not taken such action. The rules written in 
1984 were intended to provide licensees more freedom to choose and 
implement new technologies in their effort to make the most efficient 
use of the spectrum. Because many technical and regulatory changes have 
occurred since 1984, we propose to amend the rules adopted in 1984, to 
ensure that this objective will be achieved.
    48. The channel plan in place prior to the 1984 revision provided 
60 kHz channel spacing in the 150 MHz (Group K1 channels) 
and 160 MHz (Group K2 channels) VHF bands and various 
channel spacings (from 10 kHz to 100 kHz) in the 450 MHz UHF band.
    49. Since 1984, significant advances have been achieved in the 
development of narrowband radios, such as the maturation of digital 
modulation techniques, improved coding processes, and development of 
more stable oscillators. In 1995, based on advances such as these, the 
Commission adopted a narrowband channel plan for the 150-174 MHz and 
450-512 MHz bands used by part 90 Private Land Mobile Radio Service 
(PLMRS) licensees. In that decision, the Commission adopted a channel 
plan in which channels were spaced every 7.5 kilohertz in the 150 MHz 
band and every 6.25 kilohertz in the 450 MHz band. Under certain 
circumstances, these channels could be stacked to allow the use of 
6.25, 12.5 or 25 kilohertz equipment.
    50. Because many of the 150 MHz and 160 MHz Remote Pickup channels 
are shared with the part 90 Industrial/Business Pool, we believe that 
it would be beneficial for both services to share a common channel 
plan. These benefits include more predictable adjacent channel 
performance, easier coordination procedures, and economies of scale for 
equipment. Under the 1984 rules, however, these benefits would not be 
realized if Remote Pickup licensees modify their operating frequencies 
to correspond to channel centers based on 5 kilohertz spacing. A shift 
to 5 kHz spacing for BAS would create an operating environment in which 
parts 74 and 90 licensees are operating co-channel offset by 2.5 
kilohertz or by 5 kilohertz. In many cases there would be significant 
overlap of RF energy between adjacent channels which could degrade the 
performance of user's systems as other nearby users attempt to transmit 
on closely spaced adjacent channels. In addition to the increase in 
potential interference, these conflicting channel plans would 
complicate the frequency coordination process. Consequently, we propose 
to amend the frequency assignment rules for the 150 MHz and 160 MHz 
bands in 47 CFR 74.402 to be consistent with the channel plan in effect 
in part 90 (i.e., 7.5

[[Page 28693]]

kilohertz channel spacing). Additionally, we propose to allow licensees 
to stack up to 4 channels to operate on channels as wide as 30 
kilohertz. We believe that implementing this channel plan suits Remote 
Pickup BAS operators as it does PLMRS providers, and it will benefit 
users by allowing for common equipment to be used for both parts 74 and 
90 licensees. Remote Pickup Service licensees would be able to take 
advantage of further advancements in land mobile radio technology as it 
is developed and brought to market. We believe that the vast majority 
of licensees in the 150 MHz and 160 MHz bands can be accommodated by 
the proposed channel plan without having to change their equipment. 
There are only 7 remote pickup licensees in the 150 MHz band and 25 in 
the 160 MHz band that have begun operating using the 1984 channel plan. 
Only these licensees would need to transition to the proposed plan.
    51. We also propose to modify the 1984 channel plan for the Group 
N1 and N2 450 MHz Remote Pickup channels. In this 
case, we propose to standardize the remote pickup channel plan with the 
part 90 channel plan by listing channels 6.25 kilohertz apart and 
allowing licensees to stack up to 8 channels (50 kilohertz). Although 
part 74 licensees do not share this band with part 90 licensees, by 
aligning to the part 90 channel plan, BAS licensees in this band will 
reap the same benefits as those expected for the VHF band. Under our 
proposal, a transition to the proposed plan would be needed only for 
those licensees who implemented the 1984 plan.
    52. To accommodate all licensees who are operating in compliance 
with the 1984 channel plan, we propose to give them three years from 
the date a new channel plan is adopted by the Commission to modify 
their equipment and comply with the new plan. We believe that this 
provides licensees adequate time to either retune or replace equipment. 
However, because the number of licensees affected by our proposals is 
small, we propose to provide them the option to continue operating 
using the 1984 channel plan after the three year transition period 
ends, but only on a secondary, non-interference basis. We believe that 
this course of action will minimize disruption to existing remote 
pickup BAS systems. Finally, we note that this proposal is consistent 
with the treatment of part 90 licensees that were operating on 5 kHz 
channels in the VHF band prior to the Refarming proceeding.
    53. The Group P channels are limited to operational communications, 
including tones for signaling and for remote control and automatic 
transmission system control and telemetry. Because there are only eight 
Group P channels (four at each end of the band) and they are limited to 
this specialized use, we are not inclined, at this point, to alter 
them. However, in light of the technological advances in radio cited 
above, we are not convinced that the Group R and Group S wide bandwidth 
channels are still needed. Although we are not making specific 
proposals for these three groups of channels, we seek comment on the 
extent to which these channels are being used. Should their current 
bandwidth designations be maintained or should they also be aligned 
with the 6.25 kilohertz channel plan?
    54. Because Remote Pickup Service licensees will benefit most by 
having the capability to choose from a wide variety of radios, and in 
accordance with our proposal to standardize the Remote Pickup channels 
with those listed in part 90, we believe that this service should 
adhere to the technical standards of part 90. In this way, part 74 
licensees could choose from among the wide variety of radios available 
for PLMRS licensees. Accordingly, for equipment designed to operate on 
channels with bandwidths of 30 kilohertz or less in the VHF and UHF 
Remote Pickup Service bands, we propose that the equipment comply with 
the part 90 technical rules for the emission mask and frequency 
stability. Additionally, we ask commenters to address whether the 
transient frequency behavior rules in 47 CFR 90.214 would be 
appropriate to impose on remote pickup service transmitters.

Federal Narrowbanding of 162-174 MHz Band Land Mobile Frequencies

    55. The Interdepartment Radio Advisory Committee (IRAC) has been 
working for the last several years on narrowbanding Federal Government 
operations in a number of frequency bands. Based on the work of the 
IRAC, the National Telecommunications and Information Administration 
(NTIA) has published the final policy in the Manual of Regulations and 
Procedures for Federal Frequency Management. We note that one of the 
frequency bands subject to narrowbanding is the 162-174 MHz band, and 
that the Remote Pickup BAS may share, on a secondary basis, two 
frequencies--166.25 MHz and 170.15 MHz--in this band with Federal 
Government users. Under 47 CFR 2.106, Note US11, remote pickup stations 
may use these frequencies except within 150 miles of New York City 
where they are reserved for use by public safety users, in Alaska, or 
in the Tennessee Valley Authority area. We also note that these 
frequencies are used in some areas by fixed stations in the Emergency 
Alert System (EAS) to relay information to local stations for 
dissemination to the public. It has been the policy of NTIA and the FCC 
to protect these EAS stations from potential harmful interference.
    56. Under the narrowbanding policies adopted by NTIA, all new 
Federal Government systems after January 1, 1995, and all Federal 
Government systems after January 1, 2005, in the 162-174 MHz band must 
be capable of operating within a 12.5 kHz channel. The current 
Commission rules provide for operations on channels up to 25 kilohertz 
wide. In order to ensure continued successful sharing of the spectrum 
with Federal Government users, we propose to require that Remote Pickup 
BAS use of the 166.25 MHz and 170.15 MHz frequencies be in accordance 
with the same 12.5 kHz channel size and meet the January 1, 2005 
implementation schedule applicable for all Federal Government users. 
Notwithstanding the need for new equipment, what are the advantages 
and/or disadvantages to implementing this proposal? For example, 
migrating to the narrow channels may improve adjacent channel 
performance, but will it harm the quality of the information being 
transmitted? Additionally, we propose to formally acknowledge the 
protected status of non-Federal Government stations operating on these 
frequencies that are used as an integral part of the EAS. These 
proposals encompass a revision of Sec. 2.106, footnote US11 and a 
change in Sec. 74.462 of our rules. We seek comment on these proposals.

Universal Licensing System and BAS

    57. ULS is an automated licensing system and integrated database 
designed to infuse greater efficiency into the licensing process by 
using a consolidated set of application forms, automating many license 
review processes, and facilitating electronic application filing and 
data retrieval. The Wireless Telecommunications Bureau began using ULS 
for Aural and TV BAS licensing on August 30, 1999 and for Remote Pickup 
BAS on September 19, 2000. Due to this transition, many BAS service 
rules require updating to reflect ULS application processing 
procedures. Many of these changes are ministerial in nature, such as 
updating application form numbers. In some cases, more substantive rule 
changes are necessary and merit additional discussion. These proposals 
are discussed further.

[[Page 28694]]

General Application Procedures

    58. One of the main changes promulgated by the ULS Report and 
Order, 63 FR 68904, December 14, 1998, was to consolidate the 
application and processing rules for all wireless services into a 
single subpart in part 1 of the Commission's rules. Subpart F of part 1 
is now the sole section of rules that wireless applicants and 
licensees, including BAS applicants and licensees, consult regarding 
the handling of various application procedures. To make clear that the 
BAS adheres to the rules laid out in part 1, Subpart F, we propose 
amending 47 CFR 1.901 and 1.902 to add the appropriate references to 
part 74. Similarly, we propose to add a new section, 47 CFR 74.6, to 
reference BAS applicants and licensees to the application and 
processing rules in part 1, Subpart F.

Construction Period for BAS Stations

    59. Under the part 1, Subpart F rules, the Commission issues a 
license which specifies the construction period set forth in the rule 
part governing the specific service. Licensees are to notify the 
Commission when operations commence, and licensees that fail to 
commence operations within the required construction period 
automatically forfeit their license. Stations operating under the 
broadcast auxiliary rules are subject to the construction requirements 
specified in 47 CFR 73.3598, which provide three years to construct 
stations from the date a construction permit is issued. However, a two 
step license mechanism of issuing a construction permit and a license 
subsequent to construction is not used for wireless services. Instead, 
the current practice is to issue a TV or aural BAS license with a 
requirement to construct a station within 18 months and a remote pickup 
BAS license with a requirement to construct a station within 12 months. 
We propose to amend 47 CFR 73.3598 and related rules in part 73 to 
remove references to broadcast auxiliary stations and to create a new 
Sec. 74.34 to specify rules for the construction of BAS stations.
    60. Accordingly, we propose to modify the rules to codify current 
Commission practice. We propose to modify the construction period for 
remote pickup BAS to 12 months; the same period allowed for PLMR 
stations authorized under part 90. Also, we propose to modify the 
construction period for TV and aural BAS stations to 18 months. We 
believe that fixed aural and TV BAS stations are similar to fixed 
microwave stations, which are authorized under part 101 and have an 18 
month construction period. We seek comment on this proposal, including 
alternative time periods for constructing BAS stations.

Special Temporary Authority

    61. Under the rules in part 74, BAS licensees may apply for an STA 
by informal application, which has generally been interpreted to mean 
by letter request. In the ULS Report and Order, the Commission adopted 
rules that eliminate letter requests for all purposes where a form can 
be used. In implementing this policy, the Commission stated that this 
will, ``reduce applicant and licensee burdens, increase efficiency and 
better serve the public interest.'' In keeping with this policy and the 
stated benefits, we propose to amend the part 74 rules for BAS to 
require that STA requests follow the procedures outlined in 47 CFR 
1.931 of the Commission's rules. We note that when an immediate STA is 
needed during times of emergency or natural disaster, requests can be 
made via telephone or facsimile and such requests can be granted 
orally. In these situations, STA recipients are required under the 
rules to follow up with a formal application as soon as feasibly 
possible. We seek comment on this proposal.

Classification of Filings as Major or Minor

    62. In the ULS Report and Order, the Commission adopted rules to 
define certain actions as major changes for all wireless services. 
Additionally, the Commission adopted rules which define major changes 
for each service category. Minor changes are defined as all changes 
that are not major. These designations when used in conjunction with 
other adopted rule amendments assist the Commission in streamlining the 
licensing process. As an example, Sec. 1.947(b) allows applicants to 
make minor modifications to their stations without prior Commission 
approval so long as they file an application form within thirty days of 
making such a modification. ULS, programmed with logic that can 
automatically determine if an application for modification is major or 
minor, can then process these applications without the need for prior 
intervention by Commission staff. Applicants get their applications 
processed faster, and Commission staff is freed up to concentrate on 
other tasks.
    63. Accordingly, we propose to amend the part 74 rules in 
accordance with the procedures already adopted in the ULS proceeding 
for major and minor amendments and modifications. Specifically, 
amendments to aural and TV BAS applications and modifications to aural 
and TV BAS licenses would be evaluated based on the rules defining a 
major change in 47 CFR 1.929(a) and (d) and remote pickup BAS 
applications would adhere to the rules set forth in 47 CFR 1.929(a) and 
(c)(4). In many cases, the rules adopted in the ULS Report and Order 
provide more flexibility than the current part 74 rules afford BAS 
licensees. The proposal described herein would implement rule changes 
that treat BAS applicants in a consistent manner with the treatment 
given other wireless services. We seek comment on all aspects of this 
proposal.

Emission Designators

    64. 47 CFR 74.462 of the Commission's rules specifies authorized 
emissions for remote pickup BAS frequencies and frequency bands. We 
note that this section contains emission designators that no longer 
conform to current International Telecommunication Union (ITU) 
specifications or to those contained in subpart C of part 2 of the 
Commission's rules. Accordingly, we propose to update Sec. 74.462 to 
replace all outdated emission designators with emission designators 
that conform to ITU specifications and part 2 rules. We seek comment on 
this proposal.

AMPTP Petition

    65. AMPTP has petitioned the Commission to allow the use of 
wireless assist video devices (WAVDs) on a secondary, non-interference 
basis on unused TV channels in the upper VHF and the UHF bands. Video 
assist devices produce low resolution images that can be used by 
members of a production crew to make decisions with respect to content, 
lighting, and image framing.

Proposals

    66. We believe that there is a sufficient basis for proposing rules 
to allow motion picture and TV producers to use WAVDs under certain 
conditions designed to minimize the interference risk to users of the 
band. This would be an appropriate expansion of the capabilities they 
are currently provided in part 74 of our rules, and provides them with 
the same capabilities as other part 74 licensees who can so operate 
under other existing rule sections. However, we are concerned that 
expanding the use of WAVDs not increase the interference risk to 
current or future authorized spectrum users. As noted, several 
commenters stated that the use of WAVDs would proliferate and be used 
by unauthorized users in a similar fashion to our experience with 
wireless microphones. We believe that

[[Page 28695]]

there are significant differences between the cost of wireless 
microphones and WAVDs that will limit the use of these devices. 
Further, we do not believe that WAVDs are widely available. We request 
specific comments regarding the costs of WAVDs and whether these costs 
will limit their use. We also seek comment on the availability of these 
devices. Are they widely available to the general public? Additionally, 
we request comments on how the FCC can restrict the use of WAVDs by 
authorized users.
    67. It appears that WAVDs cannot be easily accommodated in or are 
not suitable to other bands. In addition, we believe that these devices 
would be beneficial in keeping film and TV production costs down and 
allowing needed mobility and increased safety during filming. 
Therefore, we propose to amend the Commission's rules in part 74 to 
authorize motion picture and TV producers as well as TV BAS license 
holders to use VHF-TV and UHF-TV spectrum for WAVDs under conditions as 
set forth below. We propose to add the rules for these devices in a new 
47 CFR 74.870 in part 74, subpart H, Low Power Auxiliary Stations. 
WAVDs would be subject to complying with all rules in subpart H, except 
where such requirements differ from those described below.

Eligibility, Status, and Licensing

    68. We propose that motion picture and television producers, as 
defined in 47 CFR 74.801, be eligible to operate WAVDs. These entities 
are currently eligible to hold Low Power Auxiliary Station licenses. 
Our proposal, therefore, would extend to all entities eligible to hold 
a part 74 license, the opportunity to use WAVDs. We also propose to 
limit the use of WAVDs to production facilities or locations for use in 
producing material being filmed or taped for later showing on 
television broadcast stations. Thus, WAVDs could not be used for ENG 
operations or to assist with the production of live events. 
Additionally, we propose that WAVDs be excluded from operating under 
the rules for short-term operation used by other part 74 licensees. 
These restrictions are intended to minimize the possibility for 
interference similar to what parts 73 and 74 licensees have experienced 
from other co-channel operations in the vicinity of their operations, 
such as TV BAS and wireless microphones.
    69. To further reduce the interference potential of these devices, 
we propose that WAVDs be authorized on a non-interference basis. Thus, 
WAVDs could not cause harmful interference to any existing or future 
allocated services operating in accordance with the Table of 
Allocations in part 2 of the Commission's rules, and WAVD users would 
be responsible for correcting any instance of harmful interference 
using any means necessary, up to and including shutting down the 
transmitter. We do not, however, propose to change the existing 
allocation of this spectrum for the broadcasting service (and land 
mobile in the 470-512 MHz band). This proposal is consistent with the 
treatment of wireless microphones operating on the same spectrum.
    70. We propose to require that WAVD users obtain a license from the 
Commission prior to operation. Specifically, we propose that applicants 
use FCC Form 601 to apply for an WAVD license. As with wireless 
microphones, applicants would file FCC Form 601 Main Form and Schedule 
H--Technical Data Schedule for the Private Land Mobile and Land Mobile 
Broadcast Auxiliary Radio Services (parts 90 and 74). We propose that, 
similar to other BAS licensees, the license term for a WAVD license be 
concurrent with the normal licensing period for TV broadcast stations 
located in the same area of operation. A WAVD licensee would not be 
geographically limited, subject only to the channel separation rules we 
would adopt. These licenses are normally issued for a period of eight 
years with the expiration date determined by the area of the country in 
which the station operates. For applicants that propose to operate at 
various sites either regionally or nationally, the license period would 
be determined by the location of the applicant as indicated on FCC Form 
601. Further, we propose that a WAVD licensee be authorized to use any 
authorized frequency and to operate on as many frequencies 
simultaneously as necessary, subject to the limitations and the 
notification requirements described below. Finally, because of the 
limited eligibility we propose for WAVDs and the nature of their use, 
we propose that WAVD licenses be non-assignable and non-transferable. 
We request comment on all aspects of these proposals concerning 
eligibility, status and licensing.

Authorized Frequencies

    71. We propose to allow WAVDs to operate on unused television 
broadcast frequencies, subject to certain conditions. Specifically, we 
propose that WAVDs be authorized to use the 180-210 MHz band 
(corresponding to VHF-TV channels 8-12) and the 470-608 MHz and 614-698 
MHz bands (corresponding to UHF-TV channels 14-36 and 38-51). We 
believe that WAVDs can effectively operate on this spectrum on a non-
interference basis.
    72. We are not proposing to allow WAVDs in the 174-180 MHz and 210-
216 MHz bands (TV channels 7 and 13) because these bands are adjacent 
to bands which accommodate the Low Power Radio Service (LPRS), which 
supports auditory assistance devices and health care aids that operate 
pursuant to 47 CFR 90.265 of our rules. Because there are a large 
number of channels available, these restrictions should not impair the 
utility of this new service. We note that the nomadic nature of LPRS 
and WAVD operations could make it difficult to prevent interference 
between these services. In addition, by not allowing WAVDs to operate 
on these channels, we also would protect from interference the Navy's 
SPASUR radar system, which operates in the 216.88-217.08 MHz band.
    73. We propose to specifically exclude WAVDs from using land mobile 
radio channels, in the 470-512 MHz band (TV channels 14-20) in cities 
where such use is authorized by the rules. Additionally, we propose to 
restrict the use of WAVDs on channels adjacent to public safety 
channels in those cities. Therefore, all TV channels listed in 47 CFR 
90.303 of our rules will be excluded from WAVD use at the locations 
listed in that rule. In addition, we propose that 482-488 MHz (TV 
channel 16), which New York City public safety users are using under a 
waiver, also be excluded from WAVD usage in that area. Another 
exclusion we propose is 476-494 MHz (TV channels 15-17) in the Gulf of 
Mexico, which is used by the Private Land Mobile Radio Service and for 
communication links in the Offshore Radiotelephone Service (ORS) under 
part 22 of our rules. Finally, we propose to exclude 488-494 MHz (TV 
channel 17) in Hawaii, which is used for common carrier control and 
repeater stations for point-to-point inter-island communications.
    74. We also propose that WAVDs be excluded on a nationwide basis 
from operating in the 608-614 MHz band (TV channel 37) to protect radio 
astronomy operations. This proposal is in accordance with the Table of 
Allocations in part 2 of the Commission's rules which specifies that no 
stations will be authorized to transmit in that band. We also note that 
the Commission has recently authorized the use of medical telemetry in 
the 608-614 MHz band and this exclusion will protect those operations. 
Finally, we propose that WAVDs not be allowed to use channels above 698 
MHz (channel

[[Page 28696]]

51) in the UHF-TV band. This proposal recognizes that part of the TV 
band above channel 51 has been and more will be reallocated to uses 
other than broadcasting. We seek comment on all aspects of these 
proposals on authorized frequencies.

Technical and Operational Requirements

    75. In addressing technical and operational requirements for WAVDs, 
our proposals are designed to protect other users of the TV bands. We 
propose to limit the ERP of WAVDs to 250 milliwatts. This should 
provide adequate power for reliable transmissions up to 300 meters. 
Additionally, the lower ERP limit will provide more protection to other 
users of the TV band. To further minimize the potential for harmful 
interference by preventing the ability of users to use high gain 
antennas, we also propose to require that the transmitting devices 
contain a permanently attached antenna. We also seek comment on whether 
an alternative limit on power levels may be more appropriate. We seek 
answers to the following:
     What signal strength is necessary at the WAVD receiver to 
ensure reliable use?
     Is 250 milliwatts ERP adequate to ensure this signal 
strength at 300 meters or is a different ERP more appropriate?
     What assumptions are being used in making this 
calculation?
     How is the signal strength affected by antenna height?
     Should the rules specify a relationship between antenna 
height and power?
    76. AMPTP asks that we allow WAVDs to operate with a bandwidth up 
to 6 megahertz to provide sufficient operating flexibility. Because 
they state that these devices will transmit audio, video, and time 
information either in analog or digital format, this appears to be a 
reasonable request. Further, we believe that producers can benefit from 
low equipment costs by taking advantage of economies of scale by using 
existing NTSC or newer DTV equipment. Accordingly, we propose to allow 
WAVDs to operate with a bandwidth up to 6 MHz, limited to transmitting 
on a single TV channel (i.e., WAVD transmissions may not overlap the TV 
channel edge). To ensure compliance with this requirement, we propose 
that WAVDs be subject to the same emission limitations that we are 
proposing for other TV BAS transmitters.
    77. We also propose that all WAVD transmitters be authorized for 
use under the certification procedures of part 2 of our rules. This 
third-party review process will insure that these transmitters are 
designed to the parameters ultimately adopted. We seek comment on 
whether we should authorize these low power devices under declaration 
of conformity (DOC) procedures. The DOC process would allow 
manufacturers to declare compliance with our requirements, provided the 
equipment is tested for compliance using an accredited laboratory and 
is properly labeled. Because these are new devices, we do not believe 
that use of verification procedures, in which no independent third-
party testing is required, is appropriate.
    78. AMPTP proposed that WAVDs be authorized to operate with a 
separation distance of at least 120 kilometers from an authorized user 
of the TV band to avoid interference. This distance corresponds to the 
Grade B contour of a TV station operating in the upper VHF-TV band with 
maximum power. We note that wireless microphones, which may use up to 
50 milliwatts and 250 milliwatts output power in the VHF-TV and UHF-TV 
bands, respectively, maintain distances of up to 129 kilometers from TV 
broadcasting stations, a distance slightly larger than the Grade B 
contour. Although the ERP we are proposing for WAVDs is higher than 
that authorized for wireless microphones operating in the upper VHF TV 
band, we also have proposed to allow WAVDs to operate with a bandwidth 
of 6 megahertz compared to the maximum 200 kilohertz authorized for 
wireless microphones. Therefore, the energy radiated from a WAVD will 
be spread over a much larger bandwidth than that used for wireless 
microphones resulting in less signal energy in any given portion of the 
bandwidth. This difference coupled with the ability of wireless 
microphones to avoid sensitive portions of the TV signal due to their 
smaller bandwidth should offset the difference in power levels between 
the two devices. Thus, similar to the rules for wireless microphones, 
we propose that WAVDs maintain 129 kilometers separation from TV 
broadcasting stations, including low power TV stations and translator 
stations operating on the same frequency. To protect TV stations, we 
believe that this distance is more appropriate than the 120 kilometer 
distance proposed by AMPTP because it requires that these devices 
operate completely outside the Grade B contour, whereas the 120 
kilometer distance would allow WAVDs to be located at the edge of the 
Grade B contour with the potential for generating signals into it. We 
seek comment on whether this distance is appropriate to protect both 
NTSC and DTV signals from harmful interference. We will not require a 
minimum separation distance from WAVDs to other TV BAS operations on 
the TV channels. We believe that the directional nature of the TV BAS 
operations, coupled with our proposals for notification prior to 
operation, are adequate to protect TV BAS operations.
    79. To protect land mobile stations operating in the 470-512 MHz 
band, we have proposed to require WAVDs to maintain at least 6 MHz 
frequency separation when operating in the same area. To further define 
this protection criteria we propose to require WAVDs to maintain a 
separation of at least 200 kilometers from the coordinates listed in 47 
CFR 90.303 when operating co-channel (i.e., at least 52 kilometers away 
from the nearest mobile station). We note that this proposed separation 
distance between WAVDs and land mobile stations is less than that 
proposed for TV stations. However, we believe that land mobile 
receivers do not require the same level of protection as television 
receivers because land mobile receivers are more robust than television 
receivers (i.e., they operate with up to 25 kilohertz bandwidths as 
opposed to 6 megahertz for TV and therefore allow less energy to pass 
through the receiver).
    80. For operations by the ORS and PLMRS in the Gulf of Mexico in 
the 476-494 MHz band, the Commission's rules stipulate various zones in 
which each allocated TV channel can be used. ORS and PLMRS stations are 
mostly used for point-to-point or point-to-multipoint operations, which 
do not require the same level of protection as mobile services due to 
the directional nature of fixed transmissions. Communications with 
mobile stations in the Gulf of Mexico are generally limited to stations 
within the gulf (e.g., stations on boats or aircraft) or to stations on 
the shore. Therefore, we propose to exclude WAVDs from operating within 
52 km of the Gulf of Mexico in the 476-494 MHz band. This would provide 
the same level of protection as we proposed to provide to mobile 
stations operating within U.S. cities. We also propose to exclude WAVDs 
from operating within 52 km of Hawaii in the 488-494 MHz band. We seek 
comment on whether these proposals are sufficient to protect land 
mobile stations or conversely whether they are overly restrictive such 
that they inhibit the use of WAVDs. Commenters who believe that our 
proposals are overly restrictive should address the

[[Page 28697]]

level of protection necessary to protect land mobile operations.
    81. The proposals set forth are designed to maximize the number of 
channels and areas in which WAVDs can operate while at the same time 
protecting broadcasters and land mobile users from harmful 
interference. Subject to the proposed limitations, WAVDs would have use 
of VHF-TV channels 8-12 and UHF-TV channels 22-36 and 38-51 nationwide. 
For UHF-TV channels 14-21 our proposals would prohibit WAVD use on 
certain channels in and around a limited number of cities, but allow 
their use across the rest of the United States. As an alternative, to 
protect land mobile users, we could prohibit WAVDs from operating on 
UHF-TV channels 14-21 altogether. Such an option would limit the number 
of available operating channels for WAVDs at most locations nationwide. 
However, it would also create a simpler regulatory framework. We seek 
comment on this option. Specifically, what is the effect of prohibiting 
the use of WAVDs on UHF-TV channels 14-21 on their ability to find 
vacant channels on which to operate in various areas?
    82. We propose that prior to operating at a specific location, a 
WAVD licensee must notify the local broadcast coordinator in the area 
where they wish to operate. In this regard, we note that SBE maintains 
a list of local coordinators on their web site at 
http://www.sbe.org. Alternatively, in areas where there may not be a 
local coordinator, we propose that a WAVD licensee must notify any TV 
station within 161 kilometers (100 miles) operating on channels 
adjacent to the WAVD. We believe that notification rather than full 
coordination is sufficient for these devices due to their low ERP and 
limited operating range. We are inclined to agree with AMPTP that the 
requirements adopted in WT Docket No. 99-168 can be used as the basis 
for our proposal. We propose slight modifications to the procedures 
adopted in that proceeding to reflect differences in the services 
(i.e., WAVDs need notification for temporary use at specific locations 
with the notification being accomplished by a local independent 
coordinator, as opposed to land mobile coordination which is usually 
done for long-term or permanent use by a national level coordinator). 
Specifically, we propose that each notification include the proposed 
frequency or frequencies, location, antenna height, type of emission, 
effective radiated power, intended dates of operation, and licensee 
contact information. Because we have proposed to limit use of WAVDs to 
scheduled productions, we believe that it is reasonable to require that 
these notifications be made at least ten business days prior to the 
date that WAVD use is required. We believe that this provides adequate 
time for the coordinator to respond to the applicant. We further 
propose that failure of a coordinator to respond to such a notification 
will be interpreted as an approval. Applicants should be aware that we 
are proposing that coordinators have the full ten days to respond to a 
coordination request and should plan to initiate notification as far in 
advance as possible to avoid production delays. We believe that our 
proposal strikes a reasonable balance between the requirements of 
producers and the needs of the coordinator to study the notification 
and provide comments as necessary. We propose that the coordinator's 
recommendation regarding the specific operation of a particular WAVD--
whether it can operate as proposed or with suggested modifications to 
operating parameters--is to be followed by the WAVD licensee. Of 
course, licensees may appeal to the Commission if they disagree with a 
coordinator. We propose that in these instances, the licensee bear the 
burden of proof in overturning the coordinator's recommendation. The 
requirements proposed herein would ensure that WAVDs operate in a 
manner that will minimize the potential for harmful interference. We 
decline to propose specific technical guidelines in order to provide 
coordinators a large degree of latitude to tailor requirements to 
specific local operating environments. Our experience has been that 
coordinators have performed their duties with a high degree of 
professionalism and integrity and we believe that the coordinators will 
continue to act in this manner. We seek comment on our notification 
proposals. Specifically, do we need to require that additional 
information be provided? Is the ten-day period for a coordinator to 
respond to a request enough time or too much time? Should specific 
technical criteria, such as C/I ratios, be adopted?
    83. Additionally, we propose that WAVD licensees be subject to the 
station identification requirements of 47 CFR 74.882, which require 
that stations transmit station identification at the beginning and end 
of each period of operation at a single location. As with wireless 
microphones, we believe that even with the low power levels that WAVDs 
will use, such a requirement is necessary so that if any interference 
is experienced, it can readily be traced back to its source and can be 
mitigated. We seek comment on these additional aspects of proposed 
technical operational requirements for WAVDs.
    84. Finally, to ensure that users understand the proper operation 
and requirements of WAVDs, we propose that manufacturers include 
certain information in the product literature that is included with the 
device. Section 302 of the Communications Act provides the Commission 
with authority to make reasonable regulations governing the 
interference potential of devices which emit radio frequency energy. 
For WAVDs, we propose that the product literature supplied to the user 
include the statements explaining that an FCC license is needed prior 
to operating, explaining that operation may not cause interference to 
TV reception, and identifying the intended uses of the device. In order 
to provide flexibility to manufacturers, we do not propose specific 
language or placement of this information, so long as it is included 
with the device. We believe that providing this information with the 
product literature will minimize the potential for these devices to 
proliferate to unauthorized users and cause interference to TV. We seek 
comment on this proposal. Commenters should address whether the 
required information is sufficient or if more or less information 
should be required.

Initial Regulatory Flexibility Analysis

    85. As required by the Regulatory Flexibility Act (RFA),\1\ the 
Commission has prepared this present Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities by the policies and rules proposed in the Notice of Proposed 
Rule Making (NPRM). Written public comments are requested on this IRFA 
and must be filed by the deadlines for comments on the Notice of 
Proposed Rule Making. The Commission will send a copy of the Notice of 
Proposed Rule Making, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration.\2\ In addition, the 
Notice of Proposed Rule Making and IRFA (or summaries thereof) will be 
published in the Federal Register.\3\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et. seq., has 
been amended by the Contract With America Advancement Act of 1996, 
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Tittle II of the 
CWAAA is the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA).
    \2\ 5 U.S.C. 603(a).
    \3\ Id.
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Proposed Rules

    86. The Notice or Proposed Rule Making presents a significant 
update to

[[Page 28698]]

the Broadcast Auxiliary Service (BAS). Many of the proposals are 
intended to ease the transition from current analog equipment to the 
digital equipment that will be necessary to support digital TV. 
Additionally, this NPRM proposes to implement changes to streamline the 
licensing process and make the BAS licensing rules consistent with 
those used in the rest of the wireless services. These proposals pave 
the way for BAS to take full advantage of the Commission's Universal 
Licensing. This NPRM also seeks to implement changes that would make 
the rules consistent among similar services, such as BAS, fixed service 
microwave, and Cable Television Relay Service (CARS). Finally, the NPRM 
proposes to allow motion picture and television producers access to 
certain VHF and UHF TV channels for wireless video assist devices 
(WAVDs). WAVDs increase the safety of production sets and at the same 
time enable these groups to save money on production costs.

B. Legal Basis

    87. This action is authorized under Sections 1, 4(i), 302, 303(f) 
and (r), 332, and 337 of the Communications Act of 1934, as amended, 47 
U.S.C. 1, 4(i), 154(i), 302, 303(f) and (r), 332, 337.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rule Will Apply

    88. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted.\4\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under 
section 3 of the Small Business Act, unless the Commission has 
developed one or more definitions that are appropriate for its 
activities.\5\ Under the Small business Act, a ``small business 
concern'' is one that: (1) Is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).\6\
---------------------------------------------------------------------------

    \4\ Id. at 603(b)(3).
    \5\ Id. at 601(3).
    \6\ Id. at 632.
---------------------------------------------------------------------------

    89. A small organization is generally ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.'' \7\ Nationwide, as of 1992, there were 
approximately 275,801 small organizations.\8\ The definition of ``small 
governmental entity'' is one with populations of fewer than 50,000.\9\ 
There are approximately 85,006 governmental entities in the nation.\10\ 
This number includes such entities as states, counties, cities, utility 
districts and school districts. There are no figures available on what 
portion of this number have populations of fewer than 50,000. However, 
this number includes 38,978 counties, cities and towns, and of those, 
37,556, or ninety-six percent, have populations of fewer than 
50,000.\11\ The Census Bureau estimates that this ratio is 
approximately accurate for all governmental entities. Thus, of the 
85,006 governmental entities, we estimate that ninety-six percent, or 
about 81,600, are small entities that may be affected by our rules.
---------------------------------------------------------------------------

    \7\ Id. at 601(4).
    \8\ Department of Commerce, U.S. Bureau of the Census, 1992 
Economic Census, Table 6 (special tabulation of data under contract 
to Office of Advocacy of the U.S. Small Business Administration).
    \9\ 5 U.S.C. 601(5).
    \10\ 1992 Census of Governments, U.S. Bureau of the Census, U.S. 
Department of Commerce.
    \11\ Id.
---------------------------------------------------------------------------

    90. The proposals in this NPRM would affect licensees of BAS 
(remote pickup, aural, and television), CARS, and fixed microwave 
services. Additionally, they affect manufacturers of equipment that 
supports the BAS. BAS involves a variety of transmitters, generally 
used to relay broadcast programming to the public (through translator 
and booster stations) or within the program distribution chain (from a 
remote news gathering unit to the studio or from the studio to the 
transmitter). CARS includes transmitters generally used to relay cable 
programming within cable television system distribution systems. The 
Commission has not developed a definition of small entities applicable 
to these licensees. Therefore, the applicable definitions of small 
entities for each of these services under the Small Business 
Administration (SBA) rules is as follows: (1) For TV BAS, we will use 
standard industrial classification (SIC) code 4833 (Television 
Broadcasting Stations) which are classified as small businesses if they 
have annual revenues of no more than $10.5 million; \12\ (2) For Aural 
BAS, we will use SIC code 4832 (Radio Broadcasting Stations) which are 
classified as small businesses if they have revenue of no more than $5 
million; \13\ (3) For Remote pickup BAS we will use SIC code 4833 when 
used by a TV station or 4832 when used by a radio station. The 
definition of small business for these codes has already been listed; 
(4) For CARS, we will use SIC code 4841 (Cable and Other Pay Television 
Services) which are classified as small businesses if they have annual 
revenue of no more than $11 million; \14\ (5) For fixed microwave, we 
will use SIC code 4812 (Radiotelephone Communications) which are 
classified as small businesses if they employ no more than 1,500 
people; \15\ (6) For BAS equipment manufacturers, we will use SIC code 
3663 (Radio and Television Broadcasting and Communications Equipment) 
which are classified as small businesses if they employ no more than 
750 people.\16\
---------------------------------------------------------------------------

    \12\ 13 CFR 121.201, SIC Code 4833 (NAICS code 51312).
    \13\ Id., SIC Code 4832 (NAICS code 513112, Radio Stations).
    \14\ Id., SIC Code 4841 (NAICS code 51322, Cable and Other 
Program Distribution).
    \15\ Id., SIC Code 4812 (NAICS code 513322, Cellular and Other 
Wireless Telecommunications).
    \16\ Id., SIC Code 3663 (NAICS code 33422).
---------------------------------------------------------------------------

    91. The 1992 Census of Transportation, Communications, and 
Utilities, conducted by the Bureau of the Census, which is the most 
recent information available, shows that 715 TV broadcasting firms out 
of a total of 885 had less than $10 million annual revenue,\17\ 4748 
radio broadcasting firms \18\ out of a total of 4932 had less than $5 
million annual revenue,\19\ between 1401 and 1471 cable television 
firms out of a total of 1573 had less than $11 million annual 
revenue,\20\ and more than 1166 radiotelephone firms out of a total of 
1178 had fewer than 1,500 employees.\21\ Similarly, the 1992 Census of 
Manufactures shows that between

[[Page 28699]]

908 and 925 out of 948 radio and television communications equipment 
manufacturing establishments \22\ had fewer than 750 employees.\23\ Any 
of these small businesses can potentially be affected by the proposals 
of the NPRM. We seek comment on this analysis. In providing such 
comment, commenters are requested to provide information regarding how 
many total and small business entities would be affected.
---------------------------------------------------------------------------

    \17\ See U.S. Bureau of the Census, U.S. Department of Commerce, 
1992 Census of Transportation, Communications, and Utilities, UC92-
S-1, Subject Series, Establishment and Firm Size, Table 4, Revenue 
Size of Firms: 1992, SIC Code 4833 (issued May 1995) (1992 Census of 
Communications).
    \18\ A firm is a business organization or entity consisting of 
one domestic establishment (location) or more under common ownership 
or control. All establishments of subsidiary firms are included as 
part of the owning or controlling firm. For the economic census, the 
terms ``firm'' and ``company'' are synonymous.
    \19\ See 1992 Census of Communications, SIC Code 4832.
    \20\ Id., SIC Code 4841. The number of small businesses is 
characterized as a range because the threshold annual revenue 
determining a small business in this category is $11 million, but 
the relevant census data is reported as annual revenue in the $10 
million to $24,999,999 range.
    \21\ Id., Table 5, Employment Size of Firms: 1992, SIC Code 4812 
(issued May 1995). The number of small businesses is not given as a 
definite number because the threshold number of employees 
determining a small business in this category is 1,500, but the 
relevant census data is only reported as firms with 1,000 or more 
employees.
    \22\ An establishment is defined as a single physical location 
where manufacturing is performed. A company, on the other hand, is 
defined as a business organization consisting of one establishment 
or more under common ownership or control.
    \23\ U.S. Bureau of the Census, U.S. Department of Commerce, 
1992 Census of Manufactures, MC92-I-36D, Industry Series, 
Communications Equipment, Including Radio and Television, Table 4, 
Industry Statistics by Employment Size of Establishment: 1992, SIC 
Code 3663 (issued Mar. 1995).
---------------------------------------------------------------------------

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    92. Under the proposals contained in this NPRM, there are changes 
to reporting, recordkeeping, and other compliance requirements. In many 
cases, these changes streamline the existing licensing process or 
provide additional flexibility to licensees and applicants. Many of the 
proposed changes are related to the use of the Universal Licensing 
System (ULS) by BAS applicants and licensees. As explained in the NPRM, 
applicants for BAS stations must apply through the Wireless 
Telecommunications Bureau using the ULS, which was adopted by Report 
and Order in 1998.\24\ To comply with this system, our proposals for 
BAS are consistent with the decisions reached in that Report and Order. 
Accordingly, our proposals include eliminating requests made by letter 
if there is a standard application form which can be used instead,\25\ 
modifying the rules defining major and minor changes to those used for 
fixed microwave systems,\26\ and eliminating the need to report 
transmitter output power and requiring that all stations comply with 
limits on effective isotropic radiated power.\27\ We also propose to 
change the period of construction for a BAS station from the currently 
used three years to eighteen months, consistent with the period used 
for fixed microwave stations.\28\
---------------------------------------------------------------------------

    \24\ See para. 75 in the NPRM.
    \25\ See para. 78 in the NPRM.
    \26\ See para. 79 in the NPRM
    \27\ See para. 18 in the NPRM.
    \28\ See para. 76 in the NPRM.
---------------------------------------------------------------------------

    93. Additionally, we propose to conform some of the rules that 
affect frequency bands that are shared among BAS licensees (part 74), 
CARS licensees (part 78), and fixed microwave licensees (part 101). 
Here, we propose to update the rules that protect interference to 
geostationary satellites from receiving harmful interference from fixed 
stations to those currently listed in the ITU International Radio 
Regulations. The effect of this update is to expand the number of 
frequency bands to which these rules apply.\29\ We also propose to 
adopt for BAS equipment, emission limitations that are consistent with 
those already being used for fixed microwave stations.\30\ We also 
propose that all BAS applicants for stations operating above 944 MHz, 
comply with the same frequency coordination guidelines in place for 
fixed microwave stations.\31\
---------------------------------------------------------------------------

    \29\ See para. 35 in the NPRM.
    \30\ See para. 25 in the NPRM.
    \31\ See para. 37 in the NPRM.
---------------------------------------------------------------------------

    94. Further changes entail providing technical guidelines for TV 
studio-to-transmitter links and TV relay stations that operate on UHF-
TV channels. These guidelines have always been imposed, but never 
codified.\32\ Also, with respect to BAS Remote Pickup stations, we 
propose to alter their channel plan to be consistent with the same 
channel spacing requirements as are used for Private Land Mobile Radio 
stations in Part 90 of our rules.\33\ Finally, we propose to allow a 
new type of device to operate on certain VHF and UHF TV channels, 
wireless assist video devices. Because they are new, we propose rules 
for the licensing and use of these devices.\34\ We request comment on 
how these requirements can be modified to reduce the burdens on small 
entities and still meet the objectives of this proceeding.
---------------------------------------------------------------------------

    \32\ See para. 55 in the NPRM.
    \33\ See para. 66 in the NPRM.
    \34\ See paras 93-107 in the NPRM.
---------------------------------------------------------------------------

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    95. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\35\
---------------------------------------------------------------------------

    \35\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    96. We have proposed to reduce burdens wherever possible. Our 
proposals regarding the BAS would reduce burdens on small entities. 
First, we have proposed to allow aural and TV BAS licensees to use 
digital modulation techniques in all of their allocated frequency 
bands. Currently, they can only use these techniques in a few bands and 
must file waiver requests and requests for special temporary authority 
(STA) to transmit digital signals in other bands. Our proposals would 
eliminate the need for these waivers and STAs, thus saving businesses 
the time it takes to prepare these requests and their associated filing 
fees.\36\ Second, we have proposed to alter the equation used to 
determine the allowable EIRP for short path lengths. Under our 
proposal, there would no longer be a large drop-off in allowable EIRP 
when the path length of a fixed station was slightly shorter than the 
minimum necessary for maximum power. The effect of this would be to 
provide more flexibility in the way small entities design their 
systems. Because they would be able to use fewer sites, this would have 
the effect would be a reduction in the cost of a system.\37\ Third, we 
have proposed to allow automatic transmit power control (ATPC). ATPC 
would benefit small entities by reducing outages to digital receivers 
and expanding battery life. Both of these effects benefit small 
businesses by making their systems more reliable.\38\
---------------------------------------------------------------------------

    \36\ See para. 9 in the NPRM.
    \37\ See para. 13 in the NPRM.
    \38\ See para. 33 in the NPRM.
---------------------------------------------------------------------------

    97. Many of our proposed rule amendments and their benefits, stem 
from the use of the ULS for application filing. This system, by 
providing for electronic filing on standardized forms benefits small 
entities in several ways. Applicants can submit applications to the 
Commission as soon as they have the necessary information on-hand. And 
they can get instant feedback as to the correctness of that 
application; ULS will not accept the application for filing unless it 
is correct on its face. If there are errors, ULS will provide error 
messages so that the application can be corrected and resubmitted. 
Also, the system makes extensive use of electronic processing, so that 
many of the tasks that were done by hand are now done by the computer. 
The overall effect is that application are processed faster and 
licenses are issued sooner, thus allowing small entities to begin

[[Page 28700]]

providing service in a more timely manner.\39\
---------------------------------------------------------------------------

    \39\ See Section III-B of NPRM.
---------------------------------------------------------------------------

    98. We have proposed rules in the NPRM that would conform rules for 
similar services that share spectrum. These are TV BAS, CARS, and the 
fixed microwave service. As a whole, these proposals reduce burdens to 
small entities because many of these entities have licenses in each of 
these rule parts, but must currently contend with different rules in 
each part. Thus, small entities will benefit because they will, in many 
instances, be able to comply with a common set of rules for their 
systems, which operate in any of the named services.\40\
---------------------------------------------------------------------------

    \40\ See Section III-C of NPRM.
---------------------------------------------------------------------------

    99. Additionally, we have proposed many other changes that will 
benefit small entities. We have proposed to require that BAS systems 
prior coordinate their frequency use. Such a requirement will ensure 
that systems begin operating in a manner that minimizes the potential 
of causing interference. This protects the new system from possibly 
being shut down due to causing interference and protects the existing 
system from suffering a service disruption from receiving interference. 
Both of these results will benefit small entities operating in the BAS 
service.\41\ Along with the frequency coordination requirement, we have 
proposed to extend the ability to operate under temporary conditional 
authority to all BAS frequency bands. This would benefit small entities 
by allowing them to begin operating sooner.\42\ Further, we have 
proposed to extend the reach of the short-term operation rule to all 
entities eligible for a BAS license. This benefits small entities 
because many would not need to obtain additional licenses from the 
Commission to provide limited service a few times a year in areas in 
which they do not traditionally operate. Such a change would save small 
entities the time and money that they would otherwise expend obtaining 
a license.\43\ Another proposed change entails us laying out the 
technical requirements for operating TV STLs or TV relay stations on 
UHF-TV channels. By doing this, applicants will know before applying 
exactly the requirements they must meet in order to obtain a license, 
thereby reducing the number or applications that must be returned by 
the Commission. Thus, small entities will benefit by not having to 
respond to returned applications.\44\ We have also proposed to alter 
the channel plan for remote pickup BAS to conform to the channel plan 
adopted for PLMR services. Unless the same technical criteria are used 
for both services, different radios must be developed. Thus, our 
proposal would benefit small entities by keeping equipment costs 
down.\45\ Finally, we have proposed to allow motion picture and 
television producers to operate a new type of device, wireless assist 
video devices, on certain unused VHF and UHF TV channels. This will 
benefit small entities by providing a more cost effective means for 
producers to monitor multiple camera angles when producing program 
material.\46\
---------------------------------------------------------------------------

    \41\ See para. 37 in the NPRM.
    \42\ See para. 46 in the NPRM.
    \43\ See para. 50 in the NPRM.
    \44\ See para. 55 in the NPRM.
    \45\ See para. 62 in the NPRM.
    \46\ See paras. 90-107 in the NPRM.
---------------------------------------------------------------------------

    100. The regulatory burdens we have retained, such as filing 
applications on appropriate forms, are necessary to ensure that the 
public receives the benefits of new and existing services in a prompt 
and efficient manner. We also considered revising the burden of 
frequency coordination, but found that this alternative would 
unnecessarily increase the potential of harmful interference.\47\ 
Additionally, under the frequency coordination procedures proposed, 
entities may self coordinate rather than paying a frequency 
coordinator.\48\ We will continue to examine alternatives in the 
further with the objectives of eliminating unnecessary regulations and 
minimizing significant economic impact on small entities. We seek 
comment on significant alternatives commenters believe we should adopt.
---------------------------------------------------------------------------

    \47\ See paras. 37-40 in the NPRM
    \48\ 47 CFR 101.103(d).
---------------------------------------------------------------------------

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    101. None.

Ordering Clauses

    102. Pursuant to sections 1, 4(i), 302, 303(f) and (r), 332 and 337 
of the Communications Act of 1934, as amended, 47 U.S.C. 1, 4(i), 
154(i), 302, 303(f), and (r), 332, 337, this Notice of Proposed 
Rulemaking is hereby Adopted.
    103. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this NPRM, including the 
Initial Regulatory Flexibility Analysis to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 1

    Adminstrative practice and procedure, Radio, Television.

47 CFR Part 2

    Communications equipment, Radio.

47 CFR Part 73

    Communications equipment, Radio, Reporting and recordkeeping 
requirements, Television.

47 CFR Part 74

    Communications equipment, Radio, Reporting and recordkeeping 
requirements, Television.

47 CFR Part 78

    Cable television, Communications equipment, Radio, Reporting and 
recordkeeping requirements.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Proposed Rules Change

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR Parts 1, 2, 73, 74, 
and 78 as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).

    2. Section 1.901 is revised to read as follows:


Sec. 1.901  Basis and purpose.

    The rules in this subpart are issued pursuant to the Communications 
Act of 1934, as amended, 47 U.S.C 151 et seq. The purpose of the rules 
in this subpart is to establish the requirements and conditions under 
which entities may be licensed in the Wireless Radio Services as 
described in this part and in parts 13, 20, 22, 24, 26, 27, 74, 80, 87, 
90, 95, 97 and 101 of this chapter.
    3. Section 1.902 is revised to read as follows:


Sec. 1.902  Scope.

    In case of any conflict between the rules set forth in this subpart 
and the rules set forth in parts 13, 20, 22, 24, 26, 27, 74, 80, 87, 
90, 95, 97, and 101 of Title 47, Chapter I of the Code of Federal 
Regulations, the rules in this part 1 shall govern.
    4. Section 1.929 is amended by revising the introductory text of 
paragraphs (c)(4) and (d) to read as follows:

[[Page 28701]]

Sec. 1.929  Classification of filings as major or minor.

* * * * *
    (c) * * *
    (4) In the Private Land Mobile Radio Services (PLMRS), the remote 
pickup broadcast auxiliary service, and GMRS systems licensed to non-
individuals:
* * * * *
    (d) In the microwave, aural broadcast auxiliary, and television 
broadcast auxiliary services:
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

    5. The authority citation for part 2 continues to read as follows:

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

    6. Section 2.106 is amended as follows:
    a. Revise pages 25, 26, 37, and 38 of the Table.
    b. In the list of United States footnotes, revise footnote US11.
    c. In the list of non-Federal Government footnotes, revise footnote 
NG115.
    The revisions read as follows:


Sec. 2.106  Table of Frequency Allocations.

* * * * *

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[[Page 28704]]


[GRAPHIC] [TIFF OMITTED] TR24MY01.004


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[[Page 28706]]

* * * * *

United States (US) Footnotes

* * * * *
    US11  The use of the frequencies 166.25 and 170.15 MHz may be 
authorized to non-Government remote pickup broadcast base and land 
mobile stations and to non-Government base, fixed and land mobile 
stations in the public safety radio services (the sum of the 
bandwidth of emission and tolerance is not to exceed 12.5 kHz, 
except that authorizations in existence as of January 1, 2002, using 
25 kHz bandwidth are permitted to continue in operation until 
January 1, 2005) in the lower 48 contiguous States only, except 
within the area bounded on the west by the Mississippi River, on the 
north by the parallel of latitude 37 deg. 30' N., and on the east 
and south by that arc of the circle with center at Springfield, 
Illinois, and radius equal to the airline distance between 
Springfield, Illinois, and Montgomery, Alabama, subtended between 
the foregoing west and north boundaries, on the condition that 
harmful interference shall not be caused to Government stations 
present or future in the Government band 162'174 MHz. The use of 
these frequencies by remote pickup broadcast stations shall not be 
authorized for locations within 150 miles of New York City; and use 
of these frequencies by the public safety radio services will not be 
authorized except for locations within 150 miles of New York City. 
As an exception to the secondary status of all other non-Government 
stations operating on the frequencies 166.25 and 170.15 MHz, non-
Government remote pickup broadcast base stations operating as an 
integral part of the Emergency Alert System shall have primary 
status.
* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG115  In the bands 54-72 MHz, 76-88 MHz, 174-216 MHz, 470-608 
MHz, and 614-806 MHz, wireless microphones and wireless assist video 
devices may be authorized on a non-interference basis, subject to 
the terms and conditions set forth in 47 CFR part 74, subpart H.
* * * * *

PART 73--RADIO BROADCAST SERVICES

    7. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, and 336.
    8. Section 73.3500 is amended by removing the entries for Forms 313 
and 313-R from the table in paragraph (a) and adding entries for Forms 
601 and 603 in numerical order to read as follows:


Sec. 73.3500    Application and report forms.

    (a) * * *

------------------------------------------------------------------------
             Form No.                               Title
------------------------------------------------------------------------
 
                          *    *    *    *    *
601...............................  FCC Application for Wireless
                                     Telecommunications Bureau Radio
                                     Service Authorization.
603...............................  FCC Wireless Telecommunications
                                     Bureau Application for Assignments
                                     of Authorization and Transfers of
                                     Control.
------------------------------------------------------------------------

* * * * *


Sec. 73.3533  [Amended]

    9. Section 73.3533 is amended by removing and reserving paragraph 
(a)(3).


Sec. 73.3536  [Amended]

    10. Section 73.3536 is amended by removing and reserving paragraph 
(b)(3).
    11. Section 73.3598 is amended by revising paragraph (a) to read as 
follows:


Sec. 73.3598  Period of construction.

    (a) Each original construction permit for the construction of a new 
TV, AM, FM or International Broadcast; low power TV; TV translator; TV 
booster; FM translator; or FM booster, or to make changes in such 
existing stations, shall specify a period of three years from the date 
of issuance of the original construction permit within which 
construction shall be completed and application for license filed.
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

    12. The authority citation for part 74 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303, 307, 336(f) and 554.

    13. Section 74.5 is amended by redesignating paragraphs (a)(4) 
through (a)(6) as paragraphs (a)(5) through (a)(7), and adding new 
paragraphs (a)(4) and (f) to read as follows:


Sec. 74.5  Cross reference to rules in other parts.

* * * * *
    (a) * * *
    (4) Subpart F, ``Wireless Telecommunications Services Applications 
and Proceedings''. (Secs. 1.901 to 1.981).
* * * * *
    (f) Part 101, ``Fixed Microwave Services''.
    14. Section 74.6 is added to read as follows:


Sec. 74.6  Licensing of broadcast auxiliary and low power auxiliary 
stations.

    Applicants for and licensees of remote pickup broadcast stations, 
aural broadcast auxiliary stations, television broadcast auxiliary 
stations, and low power auxiliary stations authorized under subparts D, 
E, F, and H of this part are subject to the application and procedural 
rules for wireless telecommunications services contained in part 1, 
subpart F, of this chapter.
    15. Section 74.15 is amended by revising paragraph (f) to read as 
follows:


Sec. 74.15  Station license period.

* * * * *
    (f) Licenses held by broadcast network-entities under Subpart F of 
this part will ordinarily be issued for a period of 8 years running 
concurrently with the normal licensing period for broadcast stations 
located in the same area of operation. An application for renewal of 
license shall be filed in accordance with the provisions of Sec. 1.949 
of this chapter.
* * * * *
    16. Section 74.24 is amended by revising the introductory text, 
paragraphs (a), (d) including the note (f), (g), (h)(1) and the last 
two sentences of paragraph (i), and by removing the Note following 
paragraph (h)(1) to read as follows:


Sec. 74.24  Short-term operation.

    All classes of broadcast auxiliary stations provided for in 
subparts D, E, F and H of this part, except wireless video assist 
devices, may be operated on a short-term basis under the authority 
conveyed by a part 73 license or a broadcast auxiliary license without 
prior authorization from the FCC, subject to the following conditions:
    (a) Licensees operating under this provision must be eligible to 
operate the particular class of broadcast auxiliary station.
* * * * *
    (d) Short-term operation under this section shall not exceed 720 
hours annually per frequency.

    Note to Paragraph (d): Certain frequencies shared with other 
services which are normally available for permanent broadcast 
auxiliary station assignment may not be available for short-term 
operation. Refer to any note(s) which may be applicable to the use 
of a specific frequency prior to initiating operation.

* * * * *
    (f) Stations operated pursuant to this section shall be identified 
by the transmission of the call sign of the associated part 73 
broadcast station or broadcast auxiliary station.

[[Page 28707]]

    (g) Prior to operating pursuant to the provisions of this section, 
licensees shall, for the intended location or area-of-operation, notify 
the appropriate frequency coordination committee or any licensee(s) 
assigned the use of the proposed operating frequency, concerning the 
particulars of the intended operation and shall provide the name and 
telephone number of a person who may be contacted in the event of 
interference. Except as provided further, this notification provision 
shall not apply where an unanticipated need for immediate short-term 
mobile station operation would render compliance with the provisions of 
this paragraph (g) impractical.
    (1) A CARS licensee shall always be given advance notification 
prior to the commencement of short-term operation on or adjacent to an 
assigned frequency.
    (2) The Commission may designate a frequency coordinator as the 
single point of contact under this section for advance coordination of 
major national and international events. Once designated, all short-
term auxiliary broadcast use under this section must be coordinated in 
advance through the designated coordinator.
    (i) Coordinators under this provision will not be designated unless 
the Commission receives a request to designate a coordinator.
    (ii) The Commission will issue a Public Notice with information 
regarding the designation of such a coordinator.
    (iii) All coordination must be done on a non-discriminatory basis.
    (iv) All licensees must abide by the decision of the coordinator. 
The Commission will be the final arbiter of any disputes.
    (3) An unanticipated need will never be deemed to exist for a 
scheduled event, such as a convention, sporting event, etc.
    (h) * * *
    (1) Use of broadcast auxiliary service frequencies below 470 MHz is 
limited to areas of the United States south of Line A or west of Line C 
unless the effective radiated power of the station is 5 watts or less. 
See Sec. 1.928(e) of this chapter for a definition of Line A and Line 
C.
* * * * *
    (i) * * * It shall simply be necessary for the licensee to contact 
the potentially affected agency and obtain advance approval for the 
proposed short-term operation. Where protection to FCC monitoring 
stations is concerned, approval for short-term operation may be given 
by the District Director of a Commission field facility.
* * * * *
    17. Section 74.25 is added to read as follows:


Sec. 74.25  Temporary conditional operating authority.

    An applicant for a new broadcast auxiliary radio service station or 
a modification of an existing station under subpart D, E, F, or H of 
this part may operate the proposed station during the pendency of its 
applications upon the filing of a properly completed formal application 
that complies with the rules for the particular class of station, 
provided that the following conditions are satisfied:
    (a) Conditions applicable to all broadcast auxiliary stations. (1) 
Stations operated pursuant to this section shall be identified by the 
transmission of the call sign of the associated part 73 broadcast 
station, if one exists, or the prefix ``WT'' followed by the 
applicant's local business telephone number for broadcast or cable 
network entities.
    (2) The antenna structure(s) has been previously studied by the 
Federal Aviation Administration and determined to pose no hazard to 
aviation safety as required by subpart B of part 17 of this chapter; or 
the antenna or tower structure does not exceed 6.1 meters above ground 
level or above an existing man-made structure (other than an antenna 
structure), if the antenna or tower has not been previously studied by 
the Federal Aviation Administration and cleared by the FCC.
    (3) The grant of the application(s) does not require a waiver of 
the Commission's rules in this chapter.
    (4) The applicant has determined that the facility(ies) will not 
significantly affect the environment as defined in Sec. 1.1307 of this 
chapter.
    (5) The station site does not lie, within a radio ``Quiet Zone'' 
identified in Sec. 1.924 of this chapter.
    (b) Conditions applicable to remote pickup broadcast auxiliary 
stations. (1) The auxiliary station must be located within 80 km (50 
mi) of the broadcast studio or broadcast transmitter.
    (2) The applicant must coordinate the operation with all affected 
co-channel and adjacent channel licensees in the area of operation. 
This requirement can be satisfied by coordination with the local 
frequency committee if one exists.
    (3) Operation under this provision is not permitted between 152.87 
MHz and 153.35 MHz.
    (c) Conditions applicable to aural and television broadcast 
auxiliary stations. (1) The applicable frequency coordination 
procedures have been successfully completed and the filed application 
is consistent with that coordination.
    (2) The station site does lie within an area requiring 
international coordination.
    (3) If operated on frequencies in the 17.8-19.7 GHz band, the 
station site does not lie within any of the areas identified in 
Sec. 1.924 of this chapter.
    (d) Operation under this section shall be suspended immediately 
upon notification from the Commission or by the District Director of a 
Commission field facility, and shall not be resumed until specific 
authority is given by the Commission or District Director. When 
authorized by the District Director, short test operations may be made.
    (e) Conditional authority ceases immediately if the application(s) 
is returned by the Commission because it is not acceptable for filing.
    (f) Conditional authorization does not prejudice any action the 
Commission may take on the subject application(s). Conditional 
authority is accepted with the express understanding that such 
authority may be modified or cancelled by the Commission at any time 
without hearing if, in the Commission's discretion, the need for such 
action arises. An applicant operating pursuant to this conditional 
authority assumes all risks associated with such operation, the 
termination or modification of the conditional authority, or the 
subsequent dismissal or denial of its application(s).
    18. Section 74.34 is added to read as follows:


Sec. 74.34  Period of construction; certification of completion of 
construction.

    (a) Each aural and television broadcast auxiliary station 
authorized under subparts E and F of this part must be in operation 
within 18 months from the initial date of grant.
    (b) Each remote pickup broadcast auxiliary station authorized under 
subpart D of this part must be in operation within 12 months from the 
initial date of grant.
    (c) Failure to timely begin operation means the authorization 
terminates automatically.
    (d) Requests for extension of time may be granted upon a showing of 
good cause pursuant to Sec. 1.946(e) of this chapter.
    (e) Construction of any authorized facility or frequency must be 
completed by the date specified in the license as pursuant to 
Sec. 1.946 of this chapter.
    19. Section 74.402 is revised to read as follows:


Sec. 74.402  Frequency assignment.

    Operation on all channels listed in this section (except: 26.07, 
26.11, 26.45, 450.01, 450.02, 450.98, 450.99, 455.01, 455.02, 455.98, 
and 455.99 MHz) shall

[[Page 28708]]

be in accordance with the ``priority of use'' provisions in 
Sec. 74.403(b). The channel will be assigned by its center frequency, 
channel bandwidth, and emission designator. In general, the frequencies 
listed in this section represent the center of the channel or channel 
segment. When an even number of channels are stacked in those sections 
stacking is permitted, channel assignments may be made for the 
frequency halfway between those listed.
    (a) The following channels (except 1606, 1622, and 1646 kHz) may be 
assigned for use by broadcast remote pickup stations using any emission 
(other than single sideband or pulse) that will be in accordance with 
the provisions of Sec. 74.462:
    (1) MF Channels: 1606, 1622, and 1646 kHz. The channel 1606 kHz is 
subject to the condition listed in paragraph (e)(1) of this section.
    (2) HF Channels: 25.87, 25.91, 25.95, 25.99, 26.03, 26.07, 26.09, 
2.611, 26.13, 26.15, 26.17, 26.21, 26.23, 26.25, 26.27, 26.29, 26.31, 
26.33, 26.35, 26.37, 26.39, 26.41, 26.43, 26.45, and 26.47 MHz. The 
channels 25.87-26.09 MHz are subject to the condition listed in 
paragraph (e)(2) of this section.
    (3) VHF Channels: 166.25 and 170.15 MHz. These channels are subject 
to the condition listed in paragraph (e)(8) of this section.
    (4) UHF Channels: 450.01, 450.02, 450.98, 450.99, 455.01, 455.02, 
455.98, 455.99 MHz. These channels are subject to the condition listed 
in paragraph (e)(9) of this section.
    (b) Up to four of the following 7.5 kHz VHF segments and up to 
eight of the following 6.25 kHz UHF segments may be stacked to form a 
channel which may be assigned for use by broadcast remote pickup 
stations using any emission contained within the resultant channel in 
accordance with the provisions of Sec. 74.462:
    (1) VHF segments: 152.8625, 152.870, 152.8775, 152.885, 152.8925, 
152.900, 152.9075, 152.915, 152.9225, 152.930, 152.9375, 152.945, 
152.9525, 152.960, 152.9675, 152.975, 152.9825, 152.990, 152.9975, 
153.005, 153.0125, 153.020, 153.0275, 153.035, 153.0425, 153.050, 
153.0575, 153.065, 153.0725, 153.080, 153.0875, 153.095, 153.1025, 
153.110, 153.1175, 153.125, 153.1325, 153.140, 153.1475, 153.155, 
153.1625, 153.170, 153.1775, 153.185, 153.1925, 153.200, 153.2075, 
153.215, 153.2225, 153.230, 153.2375, 153.245, 153.2525, 153.260, 
153.2675, 153.275, 153.2825, 153.290, 153.2975, 153.305, 153.3125, 
153.320, 153.3275, 153.335, 153.3425, 153.350, and 153.3575. These 
channels are subject to the conditions listed in paragraphs (e)(3), 
(e)(4), and (e)(5) of this section.
    (2) VHF segments: 160.860, 160.8675, 160.875, 160.8825, 160.890, 
160.8975, 160.905, 160.9125, 160.920, 160.9275, 160.935, 160.9425, 
160.950, 160.9575, 160.965, 160.9725, 160.980, 160.9875, 160.995, 
161.0025, 161.010, 161.0175, 161.025, 161.0325, 161.040, 161.0475, 
161.055, 161.0625, 161.070, 161.0775, 161.085, 161.0925, 161.100, 
161.1075, 161.115, 161.1225, 161.130, 161.1375, 161.145, 161.1525, 
161.160, 161.1675, 161.175, 161.1825, 161.190, 161.1975, 161.205, 
161.2125, 161.220, 161.2275, 161.235, 161.2425, 161.250, 161.2575, 
161.265, 161.2725, 161.280, 161.2875, 161.295, 161.3025, 161.310, 
161.3175, 161.325, 161.3325, 161.340, 161.3475, 161.355, 161.3625, 
161.370, 161.3775, 161.385, 161.3925, 161.400. These channels are 
subject to the condition listed in paragraph (e)(6) of this section.
    (3) VHF segments: 161.625, 161.6325, 161.640, 161.6475, 161.655, 
161.6625, 161.670, 161.6775, 161.685, 161.6925, 161.700, 161.7075, 
161.715, 161.7225, 161.730, 161.7375, 161.745, 161.7525, 161.760, 
161.7675, 161.775. These channels are subject to the conditions listed 
in paragraphs (e)(4) and (e)(7) of this section.
    (4) UHF segments: 450.03125, 450.0375, 450.04375, 450.050, 
450.05625, 450.0625, 450.06875, 450.075, 450.08125, 450.0875, 
450.09375, 450.100, 450.10625, 450.1125, 450.11875, 450.125, 450.13125, 
450.1375, 450.14375, 450.150, 450.15625, 450.1625, 450.16875, 450.175, 
450.18125, 450.1875, 450.19375, 450.200, 450.20625, 450.2125, 
450.21875, 450.225, 450.23125, 450.2375, 450.24375, 450.250, 450.25625, 
450.2625, 450.26875, 450.275, 450.28125, 450.2875, 450.29375, 450.300, 
450.30625, 450.3125, 450.31875, 450.325, 450.33125, 450.3375, 
450.34375, 450.350, 450.35625, 450.3625, 450.36875, 450.375, 450.38125, 
450.3875, 450.39375, 450.400, 450.40625, 450.4125, 450.41875, 450.425, 
450.43125, 450.4375, 450.44375, 450.450, 450.45625, 450.4625, 
450.46875, 450.475, 450.48125, 450.4875, 450.49375, 450.500, 450.50625, 
450.5125, 450.51875, 450.525, 450.53125, 450.5375, 450.54375, 450.550, 
450.55625, 450.5625, 450.56875, 450.575, 450.58125, 450.5875, 
450.59375, 450.600, 450.60625, 450.6125, 450.61875, 455.03125, 
455.0375, 455.04375, 455.050, 455.05625, 455.0625, 455.06875, 455.075, 
455.08125, 455.0875, 455.09375, 455.100, 455.10625, 455.1125, 
455.11875, 455.125, 455.13125, 455.1375, 455.14375, 455.150, 455.15625, 
455.1625, 455.16875, 455.175, 455.18125, 455.1875, 455.19375, 455.200, 
455.20625, 455.2125, 455.21875, 455.225, 455.23125, 455.2375, 
455.24375, 455.250, 455.25625, 455.2625, 455.26875, 455.275, 455.28125, 
455.2875, 455.29375, 455.300, 455.30625, 455.3125, 455.31875, 455.325, 
455.33125, 455.3375, 455.34375, 455.350, 455.35625, 455.3625, 
455.36875, 455.375, 455.38125, 455.3875, 455.39375, 455.400, 455.40625, 
455.4125, 455.41875, 455.425, 455.43125, 455.4375, 455.44375, 455.450, 
455.45625, 455.4625, 455.46875, 455.475, 455.48125, 455.4875, 
455.49375, 455.500, 455.50625, 455.5125, 455.51875, 455.525, 455.53125, 
455.5375, 455.54375, 455.550, 455.55625, 455.5625, 455.56875, 455.575, 
455.58125, 455.5875, 455.59375, 455.600, 455.60625, 455.6125, 
455.61875.
    (c) Up to two of the following 25 kHz segments may be stacked to 
form a channel which may be assigned for use by broadcast remote pickup 
stations using any emission contained within the resultant channel in 
accordance with the provisions of Sec. 74.462. Users committed to 50 
kHz bandwidths and transmitting program material will have primary use 
of these channels.
    (1) UHF segments: 450.6375, 450.6625, 450.6875, 450.7125, 450.7375, 
450.7625, 450.7875, 450.8125, 450.8375, 450.8625, 455.6375, 455.6625, 
455.6875, 455.7125, 455.7375, 455.7625, 455.7875, 455.8125, 455.8375, 
455.8625 MHz.
    (2) [Reserved]
    (d) Up to two of the following 50 kHz segments may be stacked to 
form a channel which may be assigned for use by broadcast remote pickup 
stations using any emission contained within the resultant channel in 
accordance with the provisions of Sec. 74.462. Users committed to 100 
kHz bandwidths and transmitting program material will have primary use 
of these channels.
    (1) UHF segments: 450.900, 450.950, 455.900, and 455.950 MHz.
    (2) [Reserved]
    (e) Conditions on Broadcast Remote Pickup Service channel usage as 
referred to in paragraphs (a) through (d) of this section:
    (1) Operation is subject to the condition that no harmful 
interference is caused to the reception of AM broadcast stations.
    (2) Operation is subject to the condition that no harmful 
interference is caused to stations in the broadcast service.

[[Page 28709]]

    (3) Operation is subject to the condition that no harmful 
interference is caused to stations operating in accordance with the 
Table of Frequency Allocations set forth in part 2 of this chapter. 
Applications for licenses to use frequencies in this band must include 
statements showing what procedures will be taken to ensure that 
interference will not be caused to stations in the Industrial/Business 
Pool (part 90 of this chapter).
    (4) These frequencies will not be licensed to network entities.
    (5) These frequencies will not be authorized to new stations for 
use on board aircraft.
    (6) These frequencies are allocated for assignment to broadcast 
remote pickup stations in Puerto Rico or the Virgin Islands only.


    Note to Paragraph (e)(6): These frequencies are shared with 
Public Safety and Industrial/Business Pools (part 90 of this 
chapter).


    (7) These frequencies may not be used by broadcast remote pickup 
stations in Puerto Rico or the Virgin Islands. In other areas, certain 
existing stations in the Public Safety and Industrial/Business Pools 
(part 90 of this chapter) have been permitted to continue operation on 
these frequencies on the condition that no harmful interference is 
caused to broadcast remote pickup stations.
    (8) Operation on the frequencies 166.25 MHz and 170.15 MHz is not 
authorized:
    (i) Within the area bounded on the west by the Mississippi River, 
on the north by the parallel of latitude 37 degrees 30 minutes N., and 
radius equal to the air-line distance between Springfield, Ill., and 
Montgomery, Alabama, subtended between the foregoing west and north 
boundaries;
    (ii) Within 150 miles (241 km) of New York City; and
    (iii) In Alaska or outside the continental United States; and is 
subject to the condition that no harmful interference is caused radio 
stations in the band 162-174 MHz.
    (9) The use of these frequencies is limited to operational 
communications, including tones for signaling and for remote control 
and automatic transmission system control and telemetry.
    (f) License applicants shall request assignment of only those 
channels, both in number and bandwidth, necessary for satisfactory 
operation and for which the system is equipped to operate. However, it 
is not necessary that each transmitter within a system be equipped to 
operate on all frequencies authorized to that licensee.
    (g) Remote pickup stations or systems will not be granted exclusive 
channel assignments. The same channel or channels may be assigned to 
other licensees in the same area. When such sharing is necessary, the 
provisions of Sec. 74.403 shall apply.
    20. Section 74.431 is amended by removing and reserving paragraph 
(g) and revising paragraph (i) to read as follows:


Sec. 74.431  Special rules applicable to remote pickup stations.

* * * * *
    (i) Remote pickup mobile or base stations may be used for 
activities associated with the Emergency Alert System (EAS) and similar 
emergency survival communications systems. Drills and tests are also 
permitted on these stations, but the priority requirements of 
Sec. 74.403(b) must be observed in such cases.
    21. Section 74.432 is amended by revising paragraphs (b), (g), and 
(k) and by designating the Note at the end of the section as Note to 
Sec. 74.432 to read as follows:


Sec. 74.432  Licensing requirements and procedures.

* * * * *
    (b) Base stations may operate as automatic relay stations on the 
frequencies listed in Sec. 74.402(b)(4) and (c)(1) under the provisions 
of Sec. 74.436, however, one licensee may not operate such stations on 
more than two frequency pairs in a single area.
* * * * *
    (g) An application for a remote pickup broadcast station or system 
shall specify the broadcasting station with which the remote pickup 
broadcast facility is to be principally used and the licensed area of 
operation for a system which includes mobile stations shall be the area 
considered to be served by the associated broadcasting station. Mobile 
stations may be operated outside the licensed area of operation 
pursuant to Sec. 74.24. Where the applicant for remote pickup broadcast 
facilities is the licensee of more than one class of broadcasting 
station (AM, FM, TV), all licensed to the same community, designation 
of one such station as the associated broadcasting station will not 
preclude use of the remote pickup broadcast facilities with those 
broadcasting stations not included in the designation and such 
additional use shall be at the discretion of the licensee.
* * * * *
    (k) In case of permanent discontinuance of operations of a station 
licensed under this subpart, the licensee shall cancel the station 
license using FCC Form 601. For purposes of this section, a station 
which is not operated for a period of one year is considered to have 
been permanently discontinued.
    Note to Sec. 74.432: * * *
    22. Section 74.433 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec. 74.433  Temporary authorizations.

* * * * *
    (b) A request for special temporary authority for the operation of 
a remote pickup broadcast station must be made in accordance with the 
procedures of Sec. 1.931(b) of this chapter.
    (c) All requests for special temporary authority of a remote pickup 
broadcast station must include full particulars including: licensee's 
name and address, facility identification number of the associated 
broadcast station or stations, call letters of remote pickup station 
(if assigned), type and manufacturer of equipment, power output, 
emission, frequency or frequencies proposed to be used, commencement 
and termination date, location of operation and purpose for which 
request is made including any particular justification.
* * * * *
    23. Section 74.451 is amended by revising paragraph (a) to read as 
follows:


Sec. 74.451  Certification of equipment.

    (a) Applications for new remote pickup broadcast stations or 
systems or for changing transmitting equipment of an existing station 
will not be accepted unless the transmitters to be used have been 
certificated by the FCC pursuant to the provisions of this subpart, or 
have been certificated for licensing under part 90 of this chapter and 
do not exceed the output power limits specified in Sec. 74.461(b).
* * * * *
    24. Section 74.452 is revised to read as follows:


Sec. 74.452  Equipment changes.

    (a) Modifications may be made to an existing authorization in 
accordance with Secs. 1.929 and 1.947 of this chapter.
    (b) All transmitters initially installed after November 30, 1977, 
must be certificated for use in this service or other service as 
specified in Sec. 74.451(a).
    25. Section 74.462 is amended by revising paragraph (a) and the 
table in paragraph (b), by removing paragraphs (f) and (g) and by 
designating the Note at the end of the section as Note to Sec. 74.462 
to read as follows:


Sec. 74.462  Authorized bandwidth and emissions.

    (a) Each authorization for a new remote pickup broadcast station or

[[Page 28710]]

system shall require the use of certificated equipment and such 
equipment shall be operated in accordance with emission specifications 
included in the grant of certification and as prescribed in paragraphs 
(b), (c), and (d) of this section.
    (b) * * *

----------------------------------------------------------------------------------------------------------------
                                                      Maximum
                                   Authorized        frequency
         Frequencies            bandwidth (kHz)    deviation \1\               Type of emission \2\
                                                       (kHz)
----------------------------------------------------------------------------------------------------------------
KHz 1606, 1622, and 1646.....  10...............             N/A  A3E
MHz:
    25.87 to 26.03...........  40...............              10  A3E, F1E, F3E, F9E
    26.07 to 26.47...........  20...............               5  A3E, F1E, F3E, F9E
    152.8625 to 153.3575 \3\.  30/60............            5/10  A3E, F1E, F3E, F9E
    160.860 to 161.400.......  60...............              10  A1E, A2E, A3E, F1E, F2E, F3E, F9E
    161.625 to 161.775.......  30...............               5  A1E, A2E, A3E, F1E, F2E, F3E, F9E
    166.25 and 170.15 \4\....  12.5/25..........               5  A1E, A2E, A3E, F1E, F2E, F3E, F9E
    450.01, 450.02, 450.98,    10...............             1.5  A1E, A2E, A3E, F1E, F2E, F3E, F9E
     450.99, 455.01, 455.02,
     455.98, 455.99.
    450.03125 to 450.61875,    Up to 25.........               5  A1E, A2E, A3E, F1E, F2E, F3E, F9E
     455.03125 to 455.61875.
    450.6375 to 450.8625,      25-50............              10  A1E, A2E, A3E, F1E, F2E, F3E, F9E
     455.6375 to 455.8625.
    450.900, 450.950,          50-100...........              35  A1E, A2E, A3E, F1E, F2E, F3E, F9E
     455.900, 450.950.
----------------------------------------------------------------------------------------------------------------
\1\ Applies where F1E, F2E, F3E, or F9E emissions are used.
\2\ Stations operating above 450 MHz shall show a need for employing A1E, A2E, F1E, or F2E emission.
\3\ New or modified licenses for use of the frequencies will not be granted to utilize transmitters on board
  aircraft, or to use a bandwidth in excess of 30 kHz and maximum deviation exceeding 5 kHz
\4\ After January 1, 1995, all new systems, and after January 1, 2005, all systems must be capable of operating
  within a 12.5 kHz channel.

* * * * *
    Note to Sec. 74.462: * * *
    26. Section 74.482 is amended by revising paragraphs (a) and (e) 
and by designating the Note at the end of the section as Note to 
Sec. 74.482 to read as follows:


Sec. 74.482  Station identification.

    (a) Each remote pickup broadcast station shall be identified by the 
transmission of the assigned station or system call sign, or by the 
call sign of the associated broadcast station. For systems, the 
licensee (including those operating pursuant to Sec. 74.24) shall 
assign a unit designator to each station in the system. The call sign 
and (unit designator, where appropriate) shall be transmitted at the 
beginning and end of each period of operation. A period of operation 
may consist of a single continuous transmission, or a series of 
intermittent transmissions pertaining to a single event.
* * * * *
    (e) For stations using F1E or G1E emissions, identification shall 
be transmitted in the unscrambled analog (F3E) mode or in International 
Morse Code pursuant to the provisions of paragraph (d) of this section 
at intervals not to exceed 15 minutes. For purposes of rule 
enforcement, all licensees using F1E or G1E emissions shall provide, 
upon request by the Commission, a full and complete description of the 
encoding methodology they currently use.
    Note to Sec. 74.482: * * *
    27. Section 74.502 is amended by removing the first four sentences 
of paragraph (b) introductory text and adding five new sentences in 
their place to read as follows:


Sec. 74.502  Frequency assignment.

* * * * *
    (b) The frequency band 944-952 MHz is available for assignment to 
aural STL and ICR stations. One or more of the following 25 kHz 
segments may be stacked to form a channel which may be assigned with a 
maximum authorized bandwidth of 300 kHz except as noted further. The 
frequencies listed further are the centers of individual segments. When 
stacking an even number of segments, the center frequency specified 
will deviate from the list further in that it should correspond to the 
actual center of stacked channels. When stacking an odd number of 
channels, the center frequency specified will correspond to one of the 
frequencies listed further. * * *
* * * * *
    28. Section 74.532 is amended by removing the Note following 
paragraph (d) and revising paragraph (f) to read as follows:


Sec. 74.532  Licensing requirements.

* * * * *
    (f) In case of permanent discontinuance of operations of a station 
licensed under this subpart, the licensee shall cancel the station 
license using FCC Form 601. For purposes of this section, a station 
which is not operated for a period of one year is considered to have 
been permanently discontinued.
    29. Section 74.534 is revised to read as follows:


Sec. 74.534  Power limitations.

    (a) Transmitter output power. (1) Transmitter output power shall be 
limited to that necessary to accomplish the function of the system.
    (2) In the 17,700 to 19,700 MHz band, transmitter output power 
shall not exceed 10 watts.
    (b) In no event shall the average equivalent isotropically radiated 
power (EIRP), as referenced to an isotropic radiator, exceed the values 
specified in this section. In cases of harmful interference, the 
Commission may, after notice and opportunity for hearing, order a 
change in the effective radiated power of this station. The maximum 
transmitter output power and maximum allowable (EIRP) follows:

------------------------------------------------------------------------
                                              Maximum
                                            transmitter       Maximum
          Frequency band (MHz)             output power   allowable EIRP
                                            (watts) \1\        (dBW)
------------------------------------------------------------------------
944 to 952..............................  ..............             +40
17,700 to 18,600........................            10.0             +55

[[Page 28711]]

 
18,600 to 19,700........................  ..............            +35
------------------------------------------------------------------------
\1\ Peak envelop power.

    (c) The EIRP of transmitters that use Automatic Transmitter Power 
Control (ATPC) shall not exceed the EIRP specified on the station 
authorization. The EIRP of non-ATPC transmitters shall be maintained as 
near as practicable to the EIRP specified on the station authorization.
    30. Section 74.535 is amended by revising paragraphs (a), (b) and 
(d), removing paragraphs (e) and (f), and redesignating paragraph (g) 
as new paragraph (e) to read as follows:


Sec. 74.535  Emission and bandwidth.

    (a) The mean power of emissions shall be attenuated below the mean 
transmitter power (P) in accordance with the following schedule:
    (1) When using frequency modulation:
    (i) On any frequency removed from the assigned (center) frequency 
by more than 50% up to and including 100% of the authorized bandwidth: 
At least 25 dB;
    (ii) On any frequency removed from the assigned (center) frequency 
by more than 100% up to and including 250% of the authorized bandwidth: 
At least 35 dB;
    (iii) On any frequency removed from the assigned (center) frequency 
by more than 250% of the authorized bandwidth: At least 43+10 
log10 (mean output power in watts) dB, or 80 dB, whichever 
is the lesser attenuation.
    (2) When using transmissions employing digital modulation 
techniques:
    (i) For operating frequencies below 15 GHz, in any 4 kHz band, the 
center frequency of which is removed from the assigned frequency by 
more than 50 percent up to and including 250 percent of the authorized 
bandwidth: As specified by the following equation but in no event less 
than 50 decibels:

A = 35 + 0.8(P - 50) + 10 Log10 B.

(Attenuation greater than 80 decibels is not required.)

Where:

A = Attenuation (in decibels) below the mean output power level.
P = Percent removed from the carrier frequency.
B = Authorized bandwidth in MHz.

    (ii) For operating frequencies above 15 GHz, in any 1 MHz band, the 
center frequency of which is removed from the assigned frequency by 
more than 50 percent up to and including 250 percent of the authorized 
bandwidth: As specified by the following equation but in no event less 
than 11 decibels:

A = 11 + 0.4(P - 50) + 10 Log10 B.


(Attenuation greater than 56 decibels is not required)

    (iii) In any 4 kHz band, the center frequency of which is removed 
from the assigned frequency by more than 250 percent of the authorized 
bandwidth: At least 43+10 Log10 (mean output power in watts) 
decibels, or 80 decibels, whichever is the lesser attenuation.
    (b) For all emissions not covered in paragraph (a) of this section, 
the peak power of emissions shall be attenuated below the peak envelope 
transmitter power (P) in accordance with the following schedule:
    (1) On any frequency 500 Hz inside the channel edge up to and 
including 2500 Hz outside the same edge, the following formula will 
apply:

A = 29 Log10 [(25/11)[(D + 2.5 - (W/2)]\2\] dB

(Attenuation greater than 50 decibels is not required)

Where:

A = Attenuation (in dB) below the peak envelope transmitter power.
D = the displacement frequency (kHz) from the center of the authorized 
bandwidth.
W = the channel bandwidth (kHz).

    (2) On any frequency removed from the channel edge by more than 
2500 Hz: At least 43+10 Log10 (P) dB.
* * * * *
    (d) For purposes of compliance with the emission limitation 
requirements of this section, digital modulation techniques are 
considered as being employed when digital modulation occupies 50 
percent or more to the total peak frequency deviation of a transmitted 
radio frequency carrier. The total peak frequency deviation will be 
determined by adding the deviation produced by the digital modulation 
signal and the deviation produced by any frequency division multiplex 
(FDM) modulation used. The deviation (D) produced by the FDM signal 
must be determined in accordance with Sec. 2.202(f) of this chapter.
* * * * *


Sec. 74.536  [Amended]

    31. Section 74.536 is amended by removing the entry for 31.0 to 
31.3 and footnotes 2 and 3 from the table in paragraph (c).
    32. Section 74.537 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec. 74.537  Temporary authorizations.

* * * * *
    (b) A request for special temporary authority for the operation of 
an aural broadcast STL or an intercity relay station must be made in 
accordance with the procedures of Sec. 1.931(b) of this chapter.
    (c) All requests for special temporary authority of an aural 
broadcast auxiliary stations must include full particulars including: 
licensee's name and address, facility identification number of the 
associated broadcast station(s), call letters of the aural broadcast 
STL or intercity relay station, if assigned, type and manufacturer of 
equipment, effective isotropic radiated power, emission, frequency or 
frequencies proposed for use, commencement and termination date and 
location of the proposed operation, and purpose for which request is 
made including any particular justification.
* * * * *
    33. Section 74.551 is amended by revising paragraph (a), removing 
paragraphs (b) and (c), and redesignating paragraph (d) as new 
paragraph (b) to read as follows:


Sec. 74.551  Equipment changes.

    (a) Modifications may be made to an existing authorization in 
accordance with Secs. 1.929 and 1.947 of this chapter.
* * * * *


Sec. 74.561  [Amended]

    34. Section 74.561 is amended by removing the entry for 31,000 to 
31,300 from the table.
    35. Section 74.602 is amended by revising paragraph (a) 
introductory text preceding the table of frequency assignment, footnote 
2 of the table in paragraph (a) introductory text, and paragraphs (d), 
(f), (h), and (i)

[[Page 28712]]

introductory text and by removing and reserving paragraph (a)(2) to 
read as follows:


Sec. 74.602  Frequency assignment.

    (a) The following frequencies are available for assignment to 
television pickup, television STL, television relay and television 
translator relay stations. The band segments 17,700-18,580 and 19,260-
19,700 MHz are available for broadcast auxiliary stations as described 
in paragraph (g) of this section. Additionally, the band 38.6-40.0 GHz 
is available for assignment without channel bandwidth limitation to TV 
pickup stations on a secondary basis to fixed stations. The band 
segment 6425-6525 MHz is available for broadcast auxiliary stations as 
described in paragraph (i) of this section. Broadcast network-entities 
may also use the 1990-2110, 6425-6525 and 6875-7125 MHz bands for 
mobile television pickup only. The table of frequency follows:
* * * * *
    \2\ The band 13.150-13.2125 GHz is reserved exclusively for the 
assignment of Television Pickup and CARS Pickup stations on a co-
equal basis. Fixed television auxiliary stations licensed prior to 
the effective date of the rules in ET Docket No. 98-206, may 
continue operation on channels in the 13.15-13.2125 GHz band, 
subject to periodic license renewals.
* * * * *
    (d) Cable television relay service stations may be assigned 
channels in Band D between 12,700 and 13,200 MHz subject to the 
condition that no harmful interference is caused to TV STL and TV relay 
stations authorized at the time of such grants. Similarly, new TV STL 
and TV relay stations must not cause harmful interference to community 
antenna relay stations authorized at the time of such grants. The use 
of channels between 12,700 and 13,200 MHz by TV pickup stations is 
subject to the condition that no harmful interference is caused to 
Cable Television Relay Service stations, TV STL and TV relay stations, 
except as provided for in footnote 2 to the table in paragraph (a) of 
this section. Band D channels are also shared with certain Private 
Operational Fixed Stations, see Sec. 74.638.
* * * * *
    (f) TV auxiliary stations licensed to low power TV stations and 
translator relay stations will be assigned on a secondary basis, i.e., 
subject to the condition that no harmful interference is caused to 
other TV auxiliary stations assigned to TV broadcast stations, or to 
cable television relay service stations (CARS) operating between 12,700 
and 13,200 MHz. Auxiliary stations licensed to low power TV stations 
and translator relay stations must accept any interference caused by 
stations having primary use of TV auxiliary frequencies.
* * * * *
    (h) TV STL, TV relay stations, and TV translator relay stations may 
be authorized to operate fixed point-to-point service on the UHF TV 
channels 14-69 on a secondary basis and subject to the provisions of 
subpart G of this part and those specified further:
    (1) These stations must not interfere with and must accept 
interference from current and future full-power UHF-TV stations, LPTV 
stations, and translator stations. They will also be secondary to land 
mobile stations in areas where land mobile sharing is currently 
permitted.
    (2) Applications for authorization in accordance with this 
paragraph may be submitted without an engineering analysis if they 
comply with the following technical requirements:
    (i) Maximum EIRP is limited to 35 dBW;
    (ii) Transmitting antenna beamwidth is limited to 25 degrees 
(measured at the 3 dB points); and
    (iii) Vertical polarization is used.
    (i) 6425 to 6525 MHz-Mobile Only. Paired and un-paired operations 
permitted. Use of this spectrum for direct delivery of video programs 
to the general public or multi-channel cable distribution is not 
permitted. This band is co-equally shared with mobile stations licensed 
pursuant to parts 78 and 101 of this chapter. The following channel 
plans apply:
* * * * *


Sec. 74.603  [Amended]

    36. Section 74.603 is amended by removing and reserving paragraph 
(b).


Sec. 74.604  [Amended]

    37. Section 74.604 is amended by removing and reserving paragraph 
(a).
    38. Section 74.631 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec. 74.631  Permissible service.

    (a) The licensee of a television pickup station authorizes the 
transmission of program material, orders concerning such program 
material, and related communications necessary to the accomplishment of 
such transmissions, from the scenes of events occurring in places other 
than a television studio, to its associated television broadcast 
station, to an associated television relay station, to such other 
stations as are broadcasting the same program material, or to the 
network or networks with which the television broadcast station is 
affiliated. * * *
* * * * *
    39. Section 74.632 is amended by removing the last two sentences of 
paragraph (a) and the Note following paragraph (f), and revising 
paragraphs (c), (e), and (g).


Sec. 74.632  Licensing requirements.

* * * * *
    (c) An application for a new TV pickup station shall designate the 
TV broadcast station with which it is to be operated and specify the 
area in which the proposed operation is intended. The maximum 
permissible area of operation will generally be that of a standard 
metropolitan area, unless a special showing is made that a larger area 
is necessary.
* * * * *
    (e) A license for a TV translator relay station will be issued only 
to licensees of low power TV and TV translator stations. However, a 
television translator relay station license may be issued to a 
cooperative enterprise wholly owned by licensees of television 
broadcast translators or licensees of television broadcast translators 
and cable television owners or operators upon a showing that the 
applicant is qualified under the Communication Act of 1934, as amended.
* * * * *
    (g) In case of permanent discontinuance of operations of a station 
licensed under this subpart, the licensee shall cancel the station 
license using FCC Form 601. For purposes of this section, a station 
which is not operated for a period of one year is considered to have 
been permanently discontinued.
    40. Section 74.633 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec. 74.633  Temporary authorizations.

* * * * *
    (b) A request for special temporary authority for the operation of 
a remote pickup broadcast station must be made in accordance with the 
procedures of Sec. 1.931(b) of this chapter.
    (c) All requests for special temporary authority of a television 
broadcast auxiliary station must include full particulars including: 
licensee's name and address, facility identification number of the 
associated broadcast station(s) (if any), call letters of the 
television broadcast STL or intercity relay station (if assigned), type 
and manufacturer of equipment, effective isotropic radiated power, 
emission, frequency or frequencies proposed for use, commencement and 
termination date and location of the proposed operation, and purpose 
for which

[[Page 28713]]

request is made including any particular justification.
* * * * *
    41. Section 74.636 is revised to read as follows:


Sec. 74.636  Power limitations.

    (a) On any authorized frequency, transmitter peak output power and 
the average power delivered to an antenna in this service must be the 
minimum amount of power necessary to carry out the communications 
desired and shall not exceed the values listed in this paragraph (a). 
Application of this principle includes, but is not to be limited to, 
requiring a licensee who replaces one or more of its antennas with 
larger antennas to reduce its antenna input power by an amount 
appropriate to compensate for the increased primary lobe gain of the 
replacement antenna(s). In no event shall the average equivalent 
isotropically radiated power (EIRP), as referenced to an isotropic 
radiator, exceed the values specified in the table in this paragraph 
(a). In cases of harmful interference, the Commission may, after notice 
and opportunity for hearing, order a change in the effective radiated 
power of this station. The table follows:

----------------------------------------------------------------------------------------------------------------
                                                           Maximum allowable          Maximum allowable EIRP
                                                           transmitter power     -------------------------------
                Frequency band (MHz)                 ----------------------------
                                                        Fixed (W)    Mobile (W)     Fixed (dBW)    Mobile (dBW)
----------------------------------------------------------------------------------------------------------------
2025 to 2110........................................          20.0          12.0             +45             +35
2450 to 2500........................................          20.0          12.0             +45             +35
6425 to 6525........................................  ............          12.0  ..............             +35
6875 to 7125........................................          20.0          12.0             +55             +35
12,700 to 13,250....................................           5.0           1.5             +55             +45
17,700 to 18,600....................................          10.0  ............             +55  ..............
18,600 to 18,800\1\.................................          10.0  ............             +35  ..............
18,800 to 19,700....................................          10.0  ............             +55  ..............
----------------------------------------------------------------------------------------------------------------
\1\ The power delivered to the antenna is limited to -3 dBW.

    (b) The EIRP of transmitters that use Automatic Transmitter Power 
Control (ATPC) shall not exceed the EIRP specified on the station 
authorization. The EIRP of non-ATPC transmitters shall be maintained as 
near as practicable to the EIRP specified on the station authorization.
    42. Section 74.637 is amended by revising paragraphs (a), (b) and 
(c) and by removing the entries for 31,000 to 31,300 and 38,600 to 
40,000 from the table in paragraph (g) to read as follows:


Sec. 74.637  Emissions and emission limitations.

    (a) The mean power of emissions shall be attenuated below the mean 
transmitter power (P) in accordance with the following schedule:
    (1) When using frequency modulation:
    (i) On any frequency removed from the assigned (center) frequency 
by more than 50% up to and including 100% of the authorized bandwidth: 
At least 25 dB;
    (ii) On any frequency removed from the assigned (center) frequency 
by more than 100% up to and including 250% of the authorized bandwidth: 
At least 35 dB;
    (iii) On any frequency removed from the assigned (center) frequency 
by more than 250% of the authorized bandwidth: At least 43+10 log 
10 (mean output power in watts) dB, or 80 dB, whichever is 
the lesser attenuation.
    (2) When using transmissions employing digital modulation 
techniques:
    (i) For operating frequencies below 15 GHz, in any 4 kHz band, the 
center frequency of which is removed from the assigned frequency by 
more than 50 percent up to and including 250 percent of the authorized 
bandwidth: As specified by the following equation but in no event less 
than 50 decibels:

A = 35 + 0.8 (P - 50) + 10 Log10 B.


(Attenuation greater than 80 decibels is not required.)

Where:

A = Attenuation (in decibels) below the mean output power level.
P = Percent removed from the carrier frequency.
B = Authorized bandwidth in MHz.

    (ii) For operating frequencies above 15 GHz, in any 1 MHz band, the 
center frequency of which is removed from the assigned frequency by 
more than 50 percent up to and including 250 percent of the authorized 
bandwidth: As specified by the following equation but in no event less 
than 11 decibels:

A = 11 + 0.4(P - 50) + 10 Log10 B.


(Attenuation greater than 56 decibels is not required.)

    (iii) In any 4 kHz band, the center frequency of which is removed 
from the assigned frequency by more than 250 percent of the authorized 
bandwidth: At least 43 + 10 Log10 (mean output power in 
watts) decibels, or 80 decibels, whichever is the lesser attenuation.
    (3) Amplitude Modulation. For vestigial sideband AM video: On any 
frequency removed from the center frequency of the authorized band by 
more than 50%: at least 50 dB below peak power of the emission.
    (b) For all emissions not covered in paragraph (a) of this section, 
the peak power of emissions shall be attenuated below the peak envelope 
transmitter power (P) in accordance with the following schedule:
    (1) On any frequency 500 Hz inside the channel edge up to and 
including 2500 Hz outside the same edge, the following formula will 
apply:

    A = 29 Log10 [(25/11)[(D + 2.5 - (W/2)]2] dB


(Attenuation greater than 50 decibels is not required.)

Where:

A = Attenuation (in dB) below the peak envelope transmitter power.
D = the displacement frequency (kHz) from the center of the authorized 
bandwidth.
W = the channel bandwidth (kHz).

    (2) On any frequency removed from the channel edge by more than 
2500 Hz: At least 43 + 10 Log10 (P) dB.
    (c) For purposes of compliance with the emission limitation 
requirements of this section, digital modulation techniques are 
considered as being employed when digital modulation occupies 50 
percent or more to the total peak frequency deviation of a transmitted 
radio frequency carrier. The total peak frequency deviation will be 
determined by adding the deviation produced by the digital modulation 
signal and the deviation produced by any frequency division multiplex 
(FDM) modulation used. The deviation (D) produced by the FDM signal 
must be

[[Page 28714]]

determined in accordance with Sec. 2.202(f) of this chapter.
* * * * *
    43. Section 74.638 is revised to read as follows:


Sec. 74.638  Frequency coordination.

    (a) Coordination of all assignments above 1990 MHz will be in 
accordance with the procedure established in Sec. 101.103(d) of this 
chapter, except that the prior coordination process for mobile 
(temporary fixed) assignments may be completed orally and the period 
allowed for response to a coordination notification may be less than 30 
days if the parties agree.
    (b) Channels in Band D are shared with certain Private Operational 
Fixed Stations authorized under part 101, Sec. 101.147(p) of this 
chapter and Cable Television Relay Stations authorized under part 78, 
Sec. 78.18 of this chapter. All Broadcast Auxiliary use of these bands 
is subject to coordination using the following procedure:
    (1) Before filing an application for new or modified facilities 
under this part, the applicant must perform a frequency engineering 
analysis to ensure that the proposed facilities will not cause 
interference to existing or previously applied for stations in this 
band of a magnitude greater than that specified in paragraphs (b)(2) 
and (b)(3) of this section.
    (2) The general criteria for determining allowable adjacent or co-
channel interference protection to be afforded, regardless of system 
length or type of modulation, multiplexing or frequency band, shall be 
such that the interfering signal shall not produce more than 1.0 dB 
degradation of the practical threshold of the protected receiver. 
Degradation is determined by calculating the ratio in dB between the 
desired carrier signal and undesired interfering signal (C/I ratio) 
appearing at the input to the receiver under investigation (the victim 
receiver). The development of the C/I ratios from the criteria for 
maximum allowable interference level per exposure and the methods used 
to perform path calculations shall follow generally acceptable good 
engineering practices. Procedures as may be developed by the 
Electronics Industries Association (EIA), the Institute of Electrical 
and Electronics Engineers, Inc. (IEEE), the American National Standards 
Institute (ANSI) or any other recognized authority will be acceptable 
to the FCC.
    (3) Where the development of the carrier to interference ratio (C/
I) is not covered by generally acceptable procedures or where the 
applicant does not wish to develop the carrier to interference ratio, 
the applicant shall employ the following C/I protection ratios:
    (i) Co-channel interference: For both sideband and carrier-beat, 
(applicable to all bands), the previously authorized system shall be 
afforded a carrier to interfering signal protection ratio of at least 
90 dB.
    (ii) Adjacent channel interference: The existing or previously 
authorized system shall be afforded a carrier to interfering signal 
protection ratio of at least 56 dB.
    44. Section 74.641 is amended by revising paragraphs (a) 
introductory text, (a)(5) and (b) introductory text and by removing the 
entry for 31,000 to 31,300 and footnotes 2 and 3 from the table in 
paragraph (a)(1), to read as follows:


Sec. 74.641  Antenna systems.

    (a) For fixed stations operating above 2025 MHz, the following 
standards apply:
* * * * *
    (5) Pickup stations are not subject to the performance standards 
stated in this section.
    (b) All fixed stations are to use antenna systems in conformance 
with the standards of this section. TV auxiliary broadcast stations are 
considered to be located in an area subject to frequency congestion and 
must employ a Category A antenna when:
* * * * *
    45. Section 74.643 is revised to read as follows:


Sec. 74.643  Interference to geostationary-satellites.

    Applicants and licensees must comply with Sec. 101.145 of this 
chapter to minimize the potential of interference to geostationary 
satellites.
    46. Section 74.644 is amended by revising the table in paragraph 
(a) and paragraph (b) to read as follows:


Sec. 74.644  Minimum path lengths for fixed links.

    (a) * * *

------------------------------------------------------------------------
                                                           Minimum  path
                  Frequency band (MHz)                     length  (km)
------------------------------------------------------------------------
Below 1990..............................................             n/a
1990-7125...............................................              17
12,200-13,250...........................................               5
Above 17,700............................................             n/a
------------------------------------------------------------------------

    (b) For paths shorter than those specified in the Table, the EIRP 
shall not exceed the value derived from the following equation:

EIRP = MAXEIRP - 40 log(A/B) dBW

Where:

EIRP = The new maximum EIRP (equivalent isotropically radiated power) 
in dBW.
MAXEIRP = Maximum EIRP as set forth in the Table in Sec. 74.636 of this 
part.
A = Minimum path length from the Table above for the frequency band in 
kilometers.
B = The actual path length in kilometers.


    Note to Paragraph (b): For transmitters using Automatic 
Transmitter Power Control, EIRP corresponds to the maximum 
transmitter power available, not the coordinated transmit power or 
the nominal transmit power.

* * * * *
    47. Section 74.651 is amended by revising paragraphs (a) and (b), 
removing paragraphs (c) and (d), and redesignating paragraph (e) as new 
paragraph (c) to read as follows:


Sec. 74.651  Equipment changes.

    (a) Modifications may be made to an existing authorization in 
accordance with Secs. 1.929 and 1.947 of this chapter.
    (b) Multiplexing equipment may be installed on any licensed TV 
broadcast STL, TV relay or translator relay station without authority 
from the Commission.
* * * * *


Sec. 74.655  [Amended]

    48. Section 74.655 is amended by removing the last sentence of 
paragraph (a).
    49. Section 74.661 is amended by revising the table to read as 
follows:


Sec. 74.661  Frequency tolerance.

* * * * *

------------------------------------------------------------------------
                                                            Frequency
                 Frequency band (MHz)                     tolerance (%)
------------------------------------------------------------------------
1990 to 2110..........................................           1 0.005
2450 to 2483.5........................................             0.001
6425 to 6525..........................................             0.005
6875 to 7125..........................................           1 0.005
12,700 to 13,250......................................           1 0.005
17,700 to 18,820......................................             0.003
18,920 to 19,700......................................            0.003
------------------------------------------------------------------------
\1\ Television translator relay stations shall maintain a frequency
  tolerance of 0.002%.

    50. Section 74.801 is amended by adding a definition for Wireless 
Assist Video Device in alphabetical order to read as follows:


Sec. 74.801  Definitions.

* * * * *
    Wireless assist video device. An auxiliary station authorized and 
operated by motion picture and television program producers pursuant

[[Page 28715]]

to the provisions of this subpart. These stations are intended to 
transmit over distances of approximately 300 meters for use as an aid 
in composing camera shots on motion picture and television sets.
    51. Section 74.802 is amended by revising paragraph (b)(3) to read 
as follows:


Sec. 74.802  Frequency assignment.

* * * * *
    (b) * * *
    (3) 470.000-608.000 MHz and 614.000-806.000 MHz: All zones 113 km 
(70 miles).
* * * * *
    52. Section 74.832 is amended by revising paragraphs (e), (g), and 
(i) to read as follows:


Sec. 74.832  Licensing requirements and procedures.

* * * * *
    (e) An application for low power auxiliary stations or for a change 
in an existing authorization shall specify the broadcast station, or 
the network with which the low power broadcast auxiliary facilities are 
to be principally used as given in paragraph (h) of this section; or it 
shall specify the motion picture or television production company or 
the cable television operator with which the low power broadcast 
auxiliary facilities are to be solely used. A single application, filed 
on FCC Form 601 may be used in applying for the authority to operate 
one or more low power auxiliary units. The application must specify the 
frequency bands which will be used. Motion picture producers, 
television program producers, and cable television operators are 
required to attach a single sheet to their application form explaining 
in detail the manner in which the eligibility requirements given in 
paragraph (a) of this section are met.
* * * * *
    (g) Low power auxiliary licensees shall specify the maximum number 
of units that will be operated.
* * * * *
    (i) In case of permanent discontinuance of operations of a station 
licensed under this subpart, the licensee shall cancel the station 
license using FCC Form 601. For purposes of this section, a station 
which is not operated for a period of one year is considered to have 
been permanently discontinued.
* * * * *
    53. Section 74.833 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec. 74.833  Temporary authorizations.

* * * * *
    (b) A request for special temporary authority for the operation of 
a remote pickup broadcast station must be made in accordance with the 
procedures of Sec. 1.931(b) of this chapter.
    (c) All requests for special temporary authority of a low power 
auxiliary station must include full particulars including: licensees 
name and address, statement of eligibility, facility identification 
number of the associated broadcast station (if any), type and 
manufacturer of equipment, power output, emission, frequency or 
frequencies proposed to be used, commencement and termination date, 
location of proposed operation, and purpose for which request is made 
including any particular justification.
* * * * *
    54. Section 74.870 is added to read as follows:


Sec. 74.870  Wireless video assist devices.

    Television Broadcast Auxiliary licensees and motion picture and 
television producers, as defined in Sec. 74.801, may operate wireless 
video assist devices on a non-interference basis on VHF and UHF 
television channels to assist with production activities.
    (a) The use of wireless video assist devices must comply with all 
provisions of this subpart, except as indicated in paragraphs (b) 
through (i) of this section.
    (b) Wireless video assist devices may only be used for scheduled 
productions. They may not be used to produce live events and may not be 
used for electronic news gathering purposes.
    (c) Wireless video assist devices may operate with a bandwidth not 
to exceed 6 MHz on frequencies in the band 180-210 MHz (TV channels 8-
12) and 470-698 MHz (TV channels 14-51) subject to the following 
restrictions:
    (1) The bandwidth may only occupy a single TV channel.
    (2) Operation is prohibited within the 608-614 MHz (TV channel 37) 
band.
    (3) Operation is prohibited within 129 km of a television 
broadcasting station, including Class A television stations, low power 
television stations and translator stations.
    (4) For the area and frequency combinations listed in the following 
table, operation is prohibited within the distances indicated from the 
listed geographic coordinates (Note: All coordinates are referenced to 
the North American Datum of 1983.):

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Excluded                              Excluded channels
             Area                 North latitude     West longitude     frequencies  -------------------------------------------------------------------
                                                                           (MHz)          200 km          128 km                     52 km
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boston, MA....................  42 deg.21'24.4"..  71 deg.03'23.2"..         470-476              14
                                                                             476-482                              15
                                                                             482-488              16
                                                                             488-494                              17
Chicago, IL...................  41 deg.52'28.1"..  87 deg.38'22.2"..         470-476              14
                                                                             476-482              15
                                                                             482-488                              16
Cleveland, OH \1\.............  41 deg.29' 51.2".  81 deg.41' 49.5".         470-476              14
                                                                             476-482                              15
                                                                             482-488              16
                                                                             488-494                              17
Dallas/Fort Worth, TX.........  32 deg.47'09.5"..  96 deg.47'38.0"..         476-482                              15
                                                                             482-488              16
                                                                             488-494                              17
Detroit, MI \1\...............  42 deg.19'48.1"..  83 deg.02'56.7"..         470-476                              14
                                                                             476-482              15
                                                                             482-488                              16
                                                                             488-494              17
Gulf of Mexico................                                               476-494                                  15, 16, 17
Hawaii........................                                               488-494                                  17
Houston, TX...................  29 deg.45'26.8"..  95 deg.21'37.8"..         482-488                              16
                                                                             488-494              17

[[Page 28716]]

 
                                                                             494-500                              18
Los Angeles, CA...............  34 deg.03'15.0"..  118 deg.14'31.3".         470-476              14
                                                                             476-482                              15
                                                                             482-488              16
                                                                             488-494                              17
                                                                             500-506                              19
                                                                             506-512              20
                                                                             512-518                              21
Miami, Fl.....................  25 deg.46'38.4"..  80 deg.11'31.2"..         470-476              14
                                                                             476-482                              15
New York/N.E. New Jersey......  40 deg.45'06.4"..  73 deg.59'37.5"..         470-476              14
                                                                             476-482              15
                                                                             482-488              16
                                                                             488-494                              17
Philadelphia, PA..............  39 deg.56'58.4"..  75 deg.09'19.6"..         494-500                              18
                                                                             500-506              19
                                                                             506-512              20
                                                                             512-518                              21
Pittsburgh, PA................  40 deg.26'19.2"..  79 deg.59'59.2"..         470-476              14
                                                                             476-482                              15
                                                                             488-494                              17
                                                                             494-500              18
                                                                             500-506                              19
San Francisco/Oakland, CA.....  37 deg.46'38.7"..  122 deg.24'43.9".         476-482                              15
                                                                             482-488              16
                                                                             488-494              17
                                                                             494-500                              18
Washington D.C./MD/VA.........  38 deg.53'51.4"..  77 deg.00'31.9"..         482-488                              16
                                                                             488-494              17
                                                                             494-500              18
                                                                             500-506                             19
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The distance separation requirements are not applicable in these cities until further order from the Commission.

    (d) Wireless video assist devices are limited to a maximum of 250 
milliwatts ERP and must limit power to that necessary to reliably 
receive a signal at a distance of 300 meters.
    (e) The antenna of a wireless video assist device must be 
permanently attached to the transmitter. When transmitting the antenna 
must not be more that 10 meters above ground level.
    (f)(1) A license for a wireless video assist device will authorize 
the license holder to use all frequencies available for wireless video 
assist devices, subject to the limitations specified in this section.
    (2) Licensees may operate as many wireless video assist devices as 
necessary, subject to the notification procedures of this section.
    (g) Notification procedure. Prior to the commencement of 
transmitting, licensees must notify the local broadcasting coordinator 
of their intent to transmit. If there is no local coordinator in the 
intended area of operation, licensees must notify all adjacent channel 
TV stations within 161 km (100 mi) of the proposed operating area.
    (1) Notification must be made at least 10 working days prior to the 
date of intended transmission.
    (2) Notifications must include:
    (i) Frequency or frequencies.
    (ii) Location.
    (iii) Antenna height.
    (iv) Emission type(s).
    (v) Effective radiated power.
    (vi) Intended dates of operation.
    (vii) Licensee contact information.
    (3) Failure of a coordinator to respond to a notification request 
prior to the intended dates of operation indicated on the request will 
be considered as having the approval of the coordinator.
    (4) Licensees must operate in a manner consistent with the response 
of the coordinator. Disagreements may be appealed to the Commission. 
However, in those instances, the licensee will bear the burden of proof 
and proceeding to overturn a coordinator's recommendation.
    (h) Licenses for wireless video assist devices may not be 
transferred or assigned.
    (i) The product literature that manufacturers include with a 
wireless assist video device must contain information regarding the 
requirement for users to obtain an FCC license, the requirement that 
stations must locate at least 129 kilometers away from a co-channel TV 
station, the limited class of users that may operate these devices, the 
authorized uses, the need for users to obtain a license, and the 
requirement that a local coordinator (or adjacent channel TV stations, 
if there is no local coordinator) must be notified prior to operation.
    55. Section 74.882 is revised to read as follows:


Sec. 74.882  Station identification.

    (a) For transmitters used for voice transmissions and having a 
transmitter output power exceeding 50 mW, an announcement shall be made 
at the beginning and end of each period of operation at a single 
location, over the transmitting unit being operated, identifying the 
transmitting unit's call sign or designator, its location, and the call 
sign of the broadcasting station or name of the licensee with which it 
is being used. A period of operation may consist of a continuous 
transmission or intermittent transmissions pertaining to a single 
event.
    (b) Each wireless video assist device, when transmitting, must 
transmit station identification at the beginning and end of each period 
of operation. Identification may be made by transmitting the station 
call sign by visual or aural means or by automatic transmission in 
international Morse telegraphy.
    (1) A period of operation is defined as a single uninterrupted 
transmission or a

[[Page 28717]]

series of intermittent transmissions from a single location.
    (2) Station identification shall be performed in a manner conducive 
to prompt association of the signal source with the responsible 
licensee. In exercising the discretion provided by this section, 
licensees are expected to act in a responsible manner to assure that 
result.

PART 78--CABLE TELEVISION RELAY SERVICE

    56. The authority citation for part 78 continues to read as 
follows:

    Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as 
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C. 
152, 153, 154, 301, 303, 307, 308, 309.

    57. Section 78.36 is revised to read as follows:


Sec. 78.36  Frequency coordination.

    (a) Coordination of all assignments will be in accordance with the 
procedure established in paragraph (b) of this section, except that the 
prior coordination process for mobile (temporary fixed) assignments may 
be completed orally and the period allowed for response to a 
coordination notification may be less than 30 days if the parties 
agree.
    (b) Frequency coordination. For each frequency authorized under 
this part, the following frequency usage coordination procedures will 
apply:
    (1) General requirements. Proposed frequency usage must be prior 
coordinated with existing licensees, permittees and applicants in the 
area, and other applicants with previously filed applications, whose 
facilities could affect or be affected by the new proposal in terms of 
frequency interference on active channels, applied-for channels, or 
channels coordinated for future growth. Coordination must be completed 
prior to filing an application for regular authorization, or a major 
amendment to a pending application, or any major modification to a 
license. In coordinating frequency usage with stations in the fixed 
satellite service, applicants must also comply with the requirements of 
Sec. 101.21(f) of this chapter. In engineering a system or modification 
thereto, the applicant must, by appropriate studies and analyses, 
select sites, transmitters, antennas and frequencies that will avoid 
interference in excess of permissible levels to other users. All 
applicants and licensees must cooperate fully and make reasonable 
efforts to resolve technical problems and conflicts that may inhibit 
the most effective and efficient use of the radio spectrum; however, 
the party being coordinated with is not obligated to suggest changes or 
re-engineer a proposal in cases involving conflicts. Applicants should 
make every reasonable effort to avoid blocking the growth of systems as 
prior coordinated. The applicant must identify in the application all 
entities with which the technical proposal was coordinated. In the 
event that technical problems are not resolved, an explanation must be 
submitted with the application. Where technical problems are resolved 
by an agreement or operating arrangement between the parties that would 
require special procedures be taken to reduce the likelihood of 
interference in excess of permissible levels (such as the use of 
artificial site shielding) or would result in a reduction of quality or 
capacity of either system, the details thereof may be contained in the 
application.
    (2) Coordination procedure guidelines are as follows:
    (i) Coordination involves two separate elements: notification and 
response. Both or either may be oral or in written form. To be 
acceptable for filing, all applications and major technical amendments 
must certify that coordination, including response, has been completed. 
The names of the licensees, permittees and applicants with which 
coordination was accomplished must be specified. If such notice and/or 
response is oral, the party providing such notice or response must 
supply written documentation of the communication upon request;
    (ii) Notification must include relevant technical details of the 
proposal. At minimum, this should include, as applicable, the 
following:
    (A) Applicant's name and address.
    (B) Transmitting station name.
    (C) Transmitting station coordinates.
    (D) Frequencies and polarizations to be added, changed or deleted.
    (E) Transmitting equipment type, its stability, actual output 
power, emission designator, and type of modulation (loading).
    (F) Transmitting antenna type(s), model, gain and, if required, a 
radiation pattern provided or certified by the manufacturer.
    (G) Transmitting antenna center line height(s) above ground level 
and ground elevation above mean sea level.
    (H) Receiving station name.
    (I) Receiving station coordinates.
    (J) Receiving antenna type(s), model, gain, and, if required, a 
radiation pattern provided or certified by the manufacturer.
    (K) Receiving antenna center line height(s) above ground level and 
ground elevation above mean sea level.
    (L) Path azimuth and distance.
    (M) Estimated transmitter transmission line loss expressed in dB.
    (N) Estimated receiver transmission line loss expressed in dB.
    (O) For a system utilizing ATPC, maximum transmit power, 
coordinated transmit power, and nominal transmit power;


    Note to Paragraph (b)(2)(ii): The position location of antenna 
sites shall be determined to an accuracy of no less than 
1 second in the horizontal dimensions (latitude and 
longitude) and 1 meter in the vertical dimension (ground 
elevation) with respect to the National Spacial Reference System.

    (iii) For transmitters employing digital modulation techniques, the 
notification should clearly identify the type of modulation. Upon 
request, additional details of the operating characteristics of the 
equipment must also be furnished;
    (iv) Response to notification should be made as quickly as 
possible, even if no technical problems are anticipated. Any response 
to notification indicating potential interference must specify the 
technical details and must be provided to the applicant, in writing, 
within the 30-day notification period. Every reasonable effort should 
be made by all applicants, permittees and licensees to eliminate all 
problems and conflicts. If no response to notification is received 
within 30 days, the applicant will be deemed to have made reasonable 
efforts to coordinate and may file its application without a response;
    (v) The 30-day notification period is calculated from the date of 
receipt by the applicant, permittee, or licensee being notified. If 
notification is by mail, this date may be ascertained by:
    (A) The return receipt on certified mail;
    (B) The enclosure of a card to be dated and returned by the 
recipient; or
    (C) A conservative estimate of the time required for the mail to 
reach its destination. In the last case, the estimated date when the 
30-day period would expire should be stated in the notification;
    (vi) An expedited prior coordination period (less than 30 days) may 
be requested when deemed necessary by a notifying party. The 
coordination notice should be identified as ``expedited'' and the 
requested response date should be clearly indicated. However, 
circumstances preventing a timely response from the receiving party 
should be accommodated accordingly. It is the responsibility of the 
notifying party to receive written concurrence (or verbal, with written 
to follow) from affected parties or their coordination representatives;
    (vii) All technical problems that come to light during coordination 
must be

[[Page 28718]]

resolved unless a statement is included with the application to the 
effect that the applicant is unable or unwilling to resolve the 
conflict and briefly the reason therefor;
    (viii) Where a number of technical changes become necessary for a 
system during the course of coordination, an attempt should be made to 
minimize the number of separate notifications for these changes. Where 
the changes are incorporated into a completely revised notice, the 
items that were changed from the previous notice should be identified. 
When changes are not numerous or complex, the party receiving the 
changed notification should make an effort to respond in less than 30 
days. When the notifying party believes a shorter response time is 
reasonable and appropriate, it may be helpful for that party to so 
indicate in the notice and perhaps suggest a response date;
    (ix) If, after coordination is successfully completed, it is 
determined that a subsequent change could have no impact on some 
parties receiving the original notification, these parties must be 
notified of the change and of the coordinator's opinion that no 
response is required;
    (x) Applicants, permittees and licensees should supply to all other 
applicants, permittees and licensees within their areas of operations, 
the name, address and telephone number of their coordination 
representatives. Upon request from coordinating applicants, permittees 
and licensees, data and information concerning existing or proposed 
facilities and future growth plans in the area of interest should be 
furnished unless such request is unreasonable or would impose a 
significant burden in compilation;
    (xi) Parties should keep other parties with whom they are 
coordinating advised of changes in plans for facilities previously 
coordinated. If applications have not been filed 6 months after 
coordination was initiated, parties may assume that such frequency use 
is no longer desired unless a second notification has been received 
within 10 days of the end of the 6 month period. Renewal notifications 
are to be sent to all originally notified parties, even if coordination 
has not been successfully completed with those parties; and
    (xii) Any frequency reserved by a licensee for future use in the 
bands subject to this part must be released for use by another 
licensee, permittee or applicant upon a showing by the latter that it 
requires an additional frequency and cannot coordinate one that is not 
reserved for future use.
    58. Section 78.101 is amended by removing the entry for 2,025 to 
2,110 MHz and adding a new entry for 1,990 to 2,110 MHz in numerical 
order in the table in paragraph (a) and adding paragraph (c) to read as 
follows:


Sec. 78.101  Power limitations.

    (a) * * * *

----------------------------------------------------------------------------------------------------------------
                                                   Maximum allowable transmitter      Maximum allowable EIRP
                                                               power             -------------------------------
              Frequency band (MHz)               --------------------------------
                                                     Fixed (W)      Mobile (W)      Fixed (dBW)    Mobile (dBW)
----------------------------------------------------------------------------------------------------------------
1,990 to 2,110..................................  ..............            20.0  ..............             +35
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (c) The EIRP of transmitters that use Automatic Transmitter Power 
Control (ATPC) shall not exceed the EIRP specified on the station 
authorization. The EIRP of non-ATPC transmitters shall be maintained as 
near as practicable to the EIRP specified on the station authorization.


Sec. 78.103  [Amended]

    59. Section 78.103 is amended by removing the entry for 31,000 to 
31,300 from the table in paragraph (e).


Sec. 78.105  [Amended]

    60. Section 78.105 is amended by removing the entries for 31,000 to 
31,300 and 38,600 to 40,000, and Footnotes 2 and 3 from the table in 
paragraph (a)(1).
    61. Section 78.106 is revised to read as follows:


Sec. 78.106  Interference to geostationary-satellites.

    Applicants and licensees must comply with Sec. 101.145 of this 
chapter to minimize the potential of interference to geostationary 
satellites.
    62. Section 78.108 is amended by revising paragraph (b) to read as 
follows:


Sec. 78.108  Minimum path lengths for fixed links.

* * * * *
    (b) For paths shorter than those specified in the Table in 
paragraph (a) of this section, the EIRP shall not exceed the value 
derived from the following equation:

EIRP = MAXEIRP - 40 log(A/B) dBW

Where:

EIRP = The new maximum EIRP (equivalent isotropically radiated power) 
in dBW.
MAXEIRP = Maximum EIRP as set forth in the Table in Sec. 74.636 of this 
part.
A = Minimum path length from the Table above for the frequency band in 
kilometers.
B = The actual path length in kilometers.

    Note to Paragraph (b): For transmitters using Automatic 
Transmitter Power Control, EIRP corresponds to the maximum 
transmitter power available, not the coordinated transmit power or 
the nominal transmit power.

* * * * *


Sec. 78.111  [Amended]

    63. Section 78.111 is amended by removing the entry for 31,000 to 
31,300 from the table.

[FR Doc. 01-11539 Filed 5-23-01; 8:45 am]
BILLING CODE 6712-01-P