[Federal Register Volume 67, Number 67 (Monday, April 8, 2002)]
[Proposed Rules]
[Pages 16673-16706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7727]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 73, 74, 80, 90 and 97

[ET Docket No. 02-16; FCC 02-27]


WRC Frequency Bands Below 28000 kHz

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend our rules in order to 
implement domestically various allocation decisions from International 
Telecommunication Union (``ITU'') World Radiocommunication Conferences 
concerning the frequency bands below 28000 kilohertz (``kHz''). The 
most significant of these proposals is to reallocate high frequency 
(``HF'') spectrum from the fixed and mobile services to the 
broadcasting service. We also propose to make various minor amendments 
to our U.S. Table of Frequency Allocations (``U.S. Table'') and to 
several of our service rules. In sum, the proposed actions would update 
our Rules for frequency bands below 28000 kHz so that they better 
comport with international regulations, would update various rule parts 
to effectuate the allocation changes, and would otherwise clean-up 
rules that have not recently been reviewed.

Dates: Comments are due on or before May 8, 2002 and reply comments are 
due on or before June 7, 2002. Written comments by the public on the 
proposed information collections are due on or before May 8, 2002. 
Written comments must be submitted by the Office of Management and 
Budget (OMB) on the proposed information collection(s) on or before 
June 7, 2002.

ADDRESSES: All filings must be sent to the Commission's Acting 
Secretary, Bill Caton, Office of the Secretary, Federal Communications 
Commission, 415 12th Street, SW, TW-A325, Washington, DC 20554. In 
addition to filing comments with the Secretary, a copy of any comments 
on the information collections contained herein should be submitted to 
Judith Boley Herman, Federal Communications Commission, Room 1-C804, 
445 12th Street, SW, Washington, DC 20554, or via the Internet to 
[email protected], and to Jeanette Thornton, OMB Desk Officer, Room 
10236 NEOB, 725 17th Street, NW., Washington, DC 20503 or via the 
Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and 
Technology, at (202) 418-2450 or [email protected]. For additional 
information concerning the information collection(s) contained in this 
document, contact Judith Boley Herman at 202-418-0214 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making and Order (``NPRM and Order''), ET Docket 02-
16, FCC 02-27, adopted January 30, 2002, and released February 7, 2002. 
The full text of this Commission decision is available for inspection 
and copying during normal business hours in the FCC Reference 
Information Center, Room CY-A257, 445 12th Street, SW, Washington, DC, 
and also may be purchased from the Commission's duplication contractor, 
Qualex International (202) 863-2893, Room CY-B402, 445 12th Street, SW, 
Washington, DC 20554.
    This NPRM and Order contains a proposed information collection(s) 
subject to the Paperwork Reduction Act of 1995 (PRA). It has been 
submitted to the Office of Management and Budget (OMB) for review under 
the PRA. OMB, the general public, and other Federal agencies are 
invited to comment on the proposed information collections contained in 
this proceeding.
    Paperwork Reduction Act: This NPRM and Order contains a proposed 
information collection. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and Budget (OMB) to comment on the information 
collection(s) contained in this NPRM and Order, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. Public and agency 
comments are due at the same time as other comments on this NPRM and 
Order; OMB notification of action is due on or before June 7, 2002. 
Comments should address: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    OMB Control Number: 3060-XXXX.
    Title: Part 73 Subpart F International Broadcast Stations.
    Form No.: FCC 309, FCC 310, FCC 311.
    Type of Review: New Collection.

[[Page 16674]]

    Respondents: Businesses and not-for-profit entities.
    Number of Respondents: 24.
    Estimated Time Per Response: 0.5 hours--10 hours.
    Frequency of Response: On occasion filing requirements, annual 
recordkeeping requirement.
    Total Annual Burden: 684 hours.
    Total Annual Costs: $42,970.
    Needs and Uses: Information collected pursuant to the rules sent 
forth in 47 CFR Part 73, Subpart F used by the Commission to assign 
frequencies for use by international broadcast stations, to grant 
authority to operate such stations, and to determine if interference or 
adverse propagation conditions exists that may impact the operation of 
such stations.

Summary of the Notice of Proposed Rulemaking

    1. This NPRM and Order proposes to amend Parts 2, 73, 74, 80, 90, 
and 97 of our Rules in order to implement domestically various 
allocation decisions from ITU World Radiocommunication Conferences 
concerning the frequency bands below 28000 kHz. The most significant of 
these proposals is to reallocate HF spectrum from the fixed and mobile 
services to the broadcasting service. The long-range propagation 
characteristics of HF frequencies enable audio programs to be received 
directly by the general public in countries far from the country of 
origin, and thus HF broadcasting (``HFBC'') is also known as 
international broadcasting. Specifically, we propose to make an 
additional 1540 kilohertz of spectrum available exclusively for use by 
international broadcast stations, with 850 kilohertz immediately 
available and the remainder available after a transition period that 
ends on April 1, 2007. Until the completion of the transition period, 
fixed and mobile stations in that spectrum would be allowed to continue 
to operate on a primary basis; after that date, these stations would be 
allowed to continue to operate on the condition that harmful 
interference is not caused to the broadcasting service. This action 
would significantly increase the amount of spectrum available to 
international broadcasters on a worldwide basis, thus facilitating the 
provision of information and entertainment to people throughout the 
world. In addition, we propose to update our Rules for international 
broadcast stations (Part 73, Subpart F) in order to add the new 
frequency bands and to otherwise conform to international regulations.
    2. We also propose to make various minor amendments to our U.S. 
Table and to several of our service rules. In particular, we propose to 
clarify the status of services operating in the AM Expanded Band (1605-
1705 kHz). To prevent the licensing of Industrial/Business Pool 
stations (which no longer have an allocation in the AM Expanded Band) 
during the pendency of this proceeding, we will no longer accept 
applications for new licenses or modifications or renewals of existing 
licenses for frequencies in the band 1605-1705 kHz and applicants with 
such pending applications will be given the opportunity to specify 
other frequencies. We also propose to permit stations in the 
Industrial/Business Pool and radiolocation service that are assigned 
frequencies in the band 1605-1705 kHz to continue to operate until the 
end of their current license term on a non-interference basis (``NIB'') 
to AM radio stations and travelers'' information stations (``TIS''), 
without an opportunity for renewal. In addition, we propose to permit 
remote pickup broadcast stations to continue operations in the band 
26100-26175 kHz, to remove outdated regulations in the aeronautical 
fixed and amateur radio services, and to make six new frequencies 
available for forest product licensees in limited geographic areas of 
the country.

International Broadcast Stations

    3. At the 1979 World Administrative Radio Conference (``WARC-79''), 
the following bands were allocated to the broadcasting service on an 
exclusive basis throughout the world: 9775-9900 kHz, 11650-11700 kHz, 
11975-12050 kHz, 13600-13800 kHz, 15450-15600 kHz, 17550-17700 kHz, and 
21750-21850 kHz. The WARC-79 HFBC bands became effective provisionally 
in 1999. Therefore, we propose to delete the fixed service from the 
WARC-79 HFBC bands, thereby making this spectrum available exclusively 
to the broadcasting service, and to add these bands to the rules for 
international broadcast stations. This action would provide 
international broadcasters with an additional 850 kilohertz of 
spectrum. We anticipate that this action would permit significantly 
more HFBC stations to operate in bands allocated exclusively to the 
broadcasting service, thereby reducing the need to coordinate with 
fixed stations. Regarding incumbent operations, the National 
Telecommunications and Information Administration (``NTIA'') has 
informed us that, consistent with international footnote S5.147, 
Federal agencies would continue to operate fixed stations in three of 
the WARC-79 HFBC bands (9775-9900 kHz, 11650-11700 kHz, and 11975-12050 
kHz) and that these fixed stations will operate on the condition that 
harmful interference is not caused to the broadcasting service.
    4. At the 1992 World Administrative Radio Conference (``WARC-92''), 
the following bands were allocated to the broadcasting service on a 
primary (and ultimately exclusive) basis throughout the world: 5900-
5950 kHz, 7300-7350 kHz, 9400-9500 kHz, 11600-11650 kHz, 12050-12100 
kHz, 13570-13600 kHz, 13800-13870 kHz, 15600-15800 kHz, 17480-17550 
kHz, and 18900-19020 kHz. Exclusive broadcasting use of the WARC-92 
HFBC bands is to become effective on April 1, 2007. However, until the 
transition period has concluded, we anticipate that fixed and mobile 
use will continue to be the main use of these bands in the United 
States. Therefore, in derogation of the ITU Radio Regulations, we 
propose to maintain the existing direct Table allocations to the fixed 
and mobile services in the WARC-92 HFBC bands at this time in order to 
highlight the main use of these bands. We propose this action at the 
request of NTIA. Accordingly, we propose to allocate this 690 kilohertz 
of spectrum to the broadcasting service on a shared primary basis with 
existing fixed and mobile services and to add these bands to Part 73, 
Subpart F of our Rules. We anticipate that this action would ultimately 
permit most international broadcast stations to operate in bands 
allocated exclusively to the broadcast stations to operate in bands 
allocated exclusively to the broadcasting service. As a consequence of 
maintaining direct Table allocations for the fixed and mobile services, 
we propose to adopt a new United States footnote in lieu of 
international footnotes S5.136, S5.143, S5.146, and S5.151.
    5. We also propose to cease issuing licenses for new non-Federal 
Government stations in the fixed and mobile services in the WARC-92 
HFBC bands on April 1, 2007, consistent with the proposed allocation 
changes for these services. We anticipate that these requirements can 
be met in other HF bands allocated to the fixed and mobile services. 
With regard to non-Federal Government fixed and mobile licenses granted 
in the WARC-92 HFBC bands prior to the adoption of a Report and Order 
in this proceeding, we instruct the Wireless Telecommunications Bureau 
to add an informational note on these licenses that the authorization 
may be conditioned as a result of action taken in this proceeding.
    6. We anticipate that the WARC-92 HFBC bands will be more heavily 
used by international broadcast stations after April 1, 2007 because 
HFBC stations

[[Page 16675]]

will no longer need to protect fixed and mobile operations and because 
some HFBC stations now operating in other bands will move to these 
frequencies. Thus, fixed and mobile licensees may wish to consider 
moving to other bands prior to April 1, 2007, especially if their 
current license expires prior to that time, because of the expected 
difficulty of co-channel sharing between high-powered, directional 
international broadcast stations and stations operating in other 
services. In this regard, we observe that equipment used by licensees 
in the fixed service below 25000 kHz is required to be ``capable of 
transmitting and receiving on any frequency in the bands assigned to 
the particular operation and capable of immediate change among the 
frequencies,'' i.e., the equipment is tunable. It is our experience 
that maritime mobile equipment in this frequency range is also tunable. 
Given that there are other HF bands allocated to the fixed and mobile 
services and that existing equipment is tunable to these frequencies, 
we tentatively find that fixed and mobile assignments now using the 
WARC-92 HFBC bands could continue operations using other HF spectrum 
after the April 1, 2007 effective date for exclusive HFBC use. We 
request comment on the ease and feasibility of retuning fixed and 
mobile operations out of the WARC-92 HFBC bands. Specifically, are 
there significant costs or hardships associated with fixed and mobile 
licensees retuning to frequencies outside of the WARC-92 HFBC bands and 
if so, what actions could mitigate such impact? Finally, as a 
consequence of the upcoming reallocation, we propose to add 
informational notes to Part 80 (the maritime service rules) stating 
that radioprinter use of the bands 5900-5950 kHz and 7300-7350 kHz and 
Alaska private-fixed station use of the frequency 11601.5 kHz will be 
on the condition that harmful interference is not caused to HF 
broadcasting. We request comment on these proposals and assumptions.
    7. In order to bring the Commission's Rules for international 
broadcast stations into conformance with current international 
provisions, we propose to make the following amendments to Part 73, 
Subpart F. First, we propose to amend Sec. 73.756(c) by revising the 
frequency tolerance of 0.0015 percent of the assigned frequency to the 
current ITU standard of 10 hertz. We request comment on the number of 
HFBC stations currently operating that meet the more stringent 
standard. Further, we request comment on whether it is feasible to 
modify existing transmitters to meet this standard. If so, what costs 
are involved? Additionally, we request that commenters address the 
effects that grandfathering existing stations at their current 
frequency tolerance would have on this service. Second, we propose to 
revise various HFBC definitions in Sec. 73.701 of our Rules to reflect 
international requirements as specified in the WRC-97 Final Acts. In 
particular, we observe that internationally the number of seasonal 
schedules per year has been reduced from four to two. Third, we propose 
to delete the band 25600-25670 kHz from the list of frequencies 
available to HFBC stations in Part 73 of our Rules. This band is not 
currently used by HFBC stations and this proposal would conform our 
Rules to the ITU's Table of Frequency Allocations and thus, protect 
radio astronomy observations in this frequency range. Fourth, we 
propose to clarify how the band 7100-7300 kHz may be used by 
international broadcast stations. Fifth, we propose to replace the map 
depicting geographical zones or areas of reception (``target zone 
map'') in Sec. 73.703 with the current ITU target zone map. Sixth, we 
propose to modify the last sentence of Sec. 73.766 to change the 
highest modulating frequency from 5 kilohertz to 4.5 kilohertz to 
reflect a long-standing international provision. We believe that our 
HFBC licensees have already made this technical change. The adoption of 
these proposals would make our rules easier to use and would avoid the 
confusion that could result from different Commission and international 
requirements for international broadcast operations. We request comment 
on all of the above proposals.

AM Expanded Band

    8. We observe that, when the land mobile allocation was deleted 
from the band 1605-1705 kHz in 1983, frequencies within this band were 
inadvertently not removed from parts 74 and 90 of our Rules. 
Specifically, the frequencies 1606 kHz, 1622 kHz, and 1646 kHz are 
listed in Sec. 74.402(a)(1); the frequency 1630 kHz is listed in 
Sec. 90.20(c)(3); the frequencies 1614 kHz, 1628 kHz, 1652 kHz, 1676 
kHz, and 1700 kHz are listed in Sec. 90.35(b)(3), and the band 1605-
1705 kHz is listed in Sec. 90.263. We note that approximately 25 AM 
radio stations are operating in the Expanded Band, that a total of 67 
AM radio stations are anticipated to be operating in this spectrum 
within the next 18 months, and that over 275 Federal and 568 non-
Federal Government low power (10 watts) TIS currently operate on AM 
channels between these high-powered AM radio stations. In particular, 
we note that Federal Government TIS stations operating on the frequency 
1610 kHz have primary status. Therefore, we tentatively find that there 
is no spectrum available for any other use. Accordingly, we propose to 
remove these frequencies from parts 74 and 90 of our rules.
    9. To prevent the licensing of Public Safety, Industrial/Business 
Pool, and remote pickup stations in the AM Expanded Band during the 
pendency of this proceeding, such applications will no longer be 
granted. We will no longer accept applications for new licenses or 
modifications or renewals of existing licenses for frequencies within 
the band 1605-1705 kHz as of the effective date of this (``NPRM and 
Order''). Any such applications received on or after that date will be 
returned as unacceptable for filing. Pending applications will be 
dismissed, unless they are modified to specify alternative frequencies. 
We take this action to permit the orderly and effective resolution of 
the issue of mobile services (excluding TIS) operating in the AM 
Expanded Band. We anticipate this action will have minimal impact 
because very few such applications are received from Public Safety, 
Industrial/Business Pool, and remote pickup eligibles to operate in 
this band and because alternative land mobile spectrum is available.
    10. The band 1605-1705 kHz also is allocated to the radiolocation 
service on a secondary basis for use by both Federal and non-Federal 
Government licensees. This allocation is codified in footnote US238. 
While our rules have long recommended that radiolocation stations 
operating in the band 1605-1705 kHz be relocated to the band 1900-2000 
kHz, two non-Federal Government radiolocation licensees continue to 
operate in this spectrum. Therefore, in order to better protect the 
technical integrity of the AM Expanded Band, we propose to delete the 
radiolocation service from the band 1605-1705 kHz in both the Federal 
and non-Federal Government Table of Frequency Allocations. Consistent 
with this action, we also propose to remove the band 1605-1705 kHz from 
the Radiolocation Service Frequency Table in Sec. 90.103 of our Rules 
and to delete unneeded assignment limitations. Finally, we have had 
discussions with NTIA concerning the Federal Government's radiolocation 
assignments in the sub-band 1615-1705 kHz. NTIA has agreed to relocate 
all of these assignments within one year of the adoption date of the 
Report and Order in this proceeding. During this one-year transition 
period, we propose to permit

[[Page 16676]]

these Federal Government radiolocation stations to continue to operate 
on the condition that harmful interference is not caused to AM or TIS 
reception. In addition, NTIA has agreed to relocate out of the AM 
Expanded Band all Federal Government stations currently operating in 
this spectrum without an allocation.
    11. While there are no Public Safety or remote pickup licensees 
currently operating in the AM Expanded Band, four Industrial/Business 
Pool and two radiolocation licensees operate in this spectrum. We 
propose to permit these currently licensed stations to continue to 
operate until the end of their current license term on a NIB basis to 
AM radio and TIS stations, without an opportunity for renewal. 
Additionally, if we determine that any of these stations in the 
Industrial/Business Pool or radiolocation service is causing harmful 
interference to either an AM radio or TIS station, we propose to 
require that the station immediately cease transmission. Commission 
staff will work with affected licensees to help them find suitable 
alternative channels if the licensee desires. We propose that no fee be 
charged to licensees of affected stations that apply for modification 
for alternative channels before the end of their license term.
    12. We propose to add an informational note to various Part 80 
fixed service frequencies to reflect their secondary allocation status. 
We request comment on all of the above AM Expanded Band proposals.

Continued Use of the Frequencies 26110 kHz, 26130 kHz, 26150 kHz, and 
26170 kHz by Broadcast Auxiliary Remote Pickup Stations

    13. The band 26100-26175 kHz was reallocated from the land mobile 
service to the maritime mobile service in 1983. At that time, four land 
mobile frequencies within the reallocated band were not removed from 
Part 74 of our Rules. Thus, Sec. 74.402(a) of our Rules continues to 
state that the following frequencies may be assigned for use by remote 
broadcast stations and broadcast network entities: 26110 kHz, 26130 
kHz, 26150 kHz, and 26170 kHz. We tentatively find that remote pickup 
stations can share these frequencies with coast stations because of the 
intermittent nature of their use and because of light coast station 
demand for these and adjacent frequencies. Nonetheless, if coast 
station licensees later require use of these four frequencies, we 
propose to require that remote pickup stations not cause harmful 
interference to the reception of these coast station transmissions. We 
request comment on this proposal.

Maritime Services

    14. The band 285-325 kHz is Federal/non-Federal Government shared 
spectrum that is allocated to the maritime radionavigation service on a 
primary basis, limited to radiobeacons. This band is also being used by 
Federal agencies for the provision of differential global positioning 
system (``DGPS'') information. NTIA currently authorizes this function 
through footnote G121 of its Manual, but this footnote has not 
previously been coordinated with the Commission. We believe that 
because the band 285-325 kHz is shared spectrum, footnote G121 should 
be reclassified as a United States footnote.
    15. The frequency 500 kHz is the international distress and calling 
frequency for Morse radiotelegraphy in the mobile service. A narrower 
10 kilohertz guard band requirement (495-505 kHz) became effective in 
February 1999, when the Global Maritime Distress and Safety System 
(``GMDSS'') became fully implemented. Recently, we proposed to remove 
500 kHz as a distress and safety frequency from our maritime rules 
because it is not currently in use. Thus, it is planned that at the 
2003 World Radiocommunication Conference, Member States will consider 
whether non-GMDSS requirements should be maintained in the ITU Radio 
Regulations. However, at this time, we need only to update our rules by 
renumbering three international footnotes. Accordingly, we propose to 
renumber international footnotes 472, 472A, and 474 as S5.82, S5.83, 
and S5.84, respectively.
    16. The U.S. Coast Guard currently operates several NAVTEX stations 
on the frequency 518 kHz. The 1997 World Radiocommunication Conference 
(``WRC-97'') adopted two requirements concerning NAVTEX operations. 
First, international footnote S5.131 requires that the frequency 4209.5 
kHz be used exclusively for the transmission by coast stations of 
meteorological and navigational warnings and urgent information to 
ships by means of narrow-band direct-printing techniques. In its 
comments to another proceeding, the U.S. Coast Guard states that 4209.5 
kHz is an internationally-recognized and used NAVTEX frequency, and 
that it plans to operate 4 MHz NAVTEX on a trial basis as a means of 
improving maritime safety broadcast service to mariners, and covering 
gaps in coverage of similar information broadcast on the International 
NAVTEX frequency 518 kHz. The U.S. Coast Guard also states that the 
international use for safety purposes and propagation characteristics 
of this frequency obviates its use for any other purpose. Accordingly, 
we propose to adopt international footnote S5.131 domestically.
    17. Second, international footnote S5.79A states that when 
establishing stations in the NAVTEX service on the frequencies 490 kHz, 
518 kHz, and 4209.5 kHz, administrations are strongly recommended to 
coordinate the operating characteristics in accordance with the 
procedures of the International Maritime Organization. NAVTEX service 
is currently provided only by the Federal Government. NTIA requests 
that we adopt international footnote S5.79A domestically, and 
accordingly, we propose to do so.
    18. In the bands 4000-4063 kHz and 8100-8195 kHz, we propose to 
remove the fixed service allocation because the transition period for 
reallocating this spectrum exclusively to the maritime mobile service 
has passed. We request comment on all of the maritime proposals.

Aeronautical Fixed Service

    19. The aeronautical fixed service is a radiocommunication service 
between specified fixed points provided primarily for the safety of air 
navigation and for the regular, efficient and economical operation of 
air transport.
    20. In Region 2, the band 160-190 kHz is allocated exclusively to 
the fixed service on a primary basis. Prior to the 1995 World 
Radiocommunication Conference (``WRC-95''), the band 160-190 kHz was 
allocated on a primary basis to the aeronautical fixed service, which 
is a subset of the fixed service, in Region 2 polar areas. At WRC-95, 
this limitation on the use of the fixed allocation in Region 2 polar 
areas was eliminated, and thus internationally the band is now 
available for all fixed uses. The band 160-190 kHz is currently unused 
by the aeronautical fixed service, and accordingly we propose to delete 
the limitation to aeronautical fixed use from our Rules. We request 
comment on this proposal.
    21. In the United States, the band 21850-21924 kHz is shared 
spectrum that is allocated to the fixed service on a primary basis. At 
WRC-95, fixed use of most of this band (21870-21924 kHz) was limited to 
the provision of services related to aircraft flight safety through the 
adoption of international footnote S5.155B. The Federal Aviation 
Administration (``FAA'') has indicated that it does not intend to 
implement an aircraft flight safety system in this band. Thus, there is 
no apparent support on a domestic level for the adoption of this

[[Page 16677]]

international limitation. However, we invite comment on whether S5.155B 
should be adopted domestically.

Amateur Service

    22. Amateur radio plays an important role in disaster-relief when 
normal communications systems are overloaded, damaged or disrupted 
because a disaster has occurred or is likely to occur. We note that 
WARC-79 adopted Resolution No. 640, entitled ``Relating to the 
International Use of Radiocommunications, in the Event of Natural 
Disasters, in Frequency Bands Allocated to the Amateur Service.'' The 
Resolution invited administrations to provide for the needs of 
international disaster communications and for the needs of emergency 
communications within their national regulations using certain amateur 
bands, which were listed in international footnote 510 (later 
renumbered as S5.120). In response, the Commission added international 
footnote 510 to the non-Federal Government Table of Frequency 
Allocations and Sec. 97.401(b) to the rules for the amateur radio 
service, both of which referenced Resolution No. 640. At WRC-97, 
Resolution 640 was eliminated, and at the 2000 World Radiocommunication 
Conference (``WRC-2000''), international footnote S5.120 was 
eliminated. Accordingly, we propose to delete international footnote 
S5.120 and Sec. 97.401(b) from our Rules. We observe that, under 
Sec. 97.111(a)(1) and 97.101(c) of our Rules, U.S. amateur radio 
stations can continue to communicate with foreign stations in disaster 
areas.

Frequencies Available for Forest Products Licensees

    23. The band 27540-28000 kHz is Federal Government exclusive 
spectrum that is allocated to the fixed and mobile services, except 
that limited non-Federal Government use is permitted by forest product 
licensees in certain geographic areas on six channels. This limited use 
is authorized in footnote US298. We propose to make editorial revisions 
to footnote US298 to conform with terminology now used in Part 90 of 
our Rules and to add these frequencies to the Industrial/Business Radio 
Pool Frequency Table in Sec. 90.35, with an appropriate note describing 
the limited use that is permitted.
    We request comment on this proposal.

Ministerial Conforming Amendments

    24. We also propose to take the following non-substantive actions 
in this proceeding, which would correct and update our Table of 
Frequency Allocations. The effect of these actions would be to remove 
confusing and unnecessary material from our Rules and to reflect the 
WRC-2000 Final Acts with regard to the International Table of Frequency 
Allocations within our Rules. First, we would remove international 
footnote S5.60 from the bands 70-90 kHz and 110-130 kHz because this 
footnote is a limitation on an allocation that was never made 
domestically. Second, we would remove superfluous international 
footnote S5.80 from the band 415-435 kHz because the limitation in that 
footnote does not apply to this band. Third, we would delete the 
secondary direct Table allocation for the space research service in the 
band 19990-19995 kHz because this allocation is also contained in 
footnote G106, which was recently added to the band 19990-20010 kHz. 
Fourth, we would delete pre-1991 frequencies listed for ship and coast 
station operations from footnote US82. Fifth, we would make various 
editorial changes to other U.S. footnotes to conform to previous 
decisions and to update the material in the text. Sixth, we would add 
an informational note to Sec. 90.35 stating that the use of five 
frequencies is on a secondary basis to stations in the maritime mobile 
service. Seventh, we would update various rule part cross references in 
the U.S. Table. In particular, we would delete approximately 50 cross 
references to the International Fixed Public Radiocommunication 
Services (``IFPRS'') because specific frequencies or bands are not 
listed in Part 23, which is the purpose of having a cross reference to 
a rule part. Eighth, we would update the text of 18 international 
country footnotes that do not apply to Region 2.

Initial Regulatory Flexibility Analysis

    25. As required by the Regulatory Flexibility Act (``RFA'') \1\ the 
Commission has prepared this Initial Regulatory Flexibility Analysis 
(``IRFA'') of the possible significant economic impact on small 
entities by the policies and rules proposed in this NPRM and Order. 
Written public comments are requested on this IRFA. Comments must be 
identified as responses to the IRFA and must be filed by the deadlines 
for comments on the NPRM and Order. The Commission will send a copy of 
the Notice, including this IRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration.\2\ In addition, the NPRM and Order 
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''). Title II of 
the CWAAA is the Small Business Regulatory Enforcement Fairness Act 
of 1996 (``SBREFA'').
    \2\ See 5 U.S.C. 603(a).
    \3\ Id.
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Need for, and Objectives of, the Proposed Rules

    26. The NPRM and Order proposes to implement domestically various 
allocation changes that have been made at recent World 
Radiocommunication Conferences. In particular, we propose to reallocate 
1540 kilohertz of spectrum from the fixed and mobile services to the 
broadcasting service. We also propose to make consequential changes to 
various service rules. These proposals would update our Rules for bands 
below 28000 kHz so that they better comport with international 
regulations. In addition, we propose to clarify the status of services 
in the AM Expanded Band (1605-1705 kHz).

Legal Basis

    27. The proposed actions are authorized under sections 1, 4, 301, 
302(a), 303, 307, 309, 316, 332, 334, and 336 of the Communications Act 
of 1934, as amended, 47 U.S.C. 151, 154, 301, 302(a), 303, 307, 309, 
316, 332, 334, and 336.

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rules Will Apply

    28. 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.'' \5\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act, 15 U.S.C. 632, unless the Commission has 
developed one or more definitions that are appropriate to its 
activities.\6\ A ``small business concern'' is one that: (1) Is 
independently owned and operated; (2) is not dominant in its field of

[[Page 16678]]

operation; and (3) meets any additional criteria established by the 
Small Business Administration (``SBA'').\7\
---------------------------------------------------------------------------

    \4\ 5 U.S.C. 603(b)(3).
    \5\ 5 U.S.C. 601(6).
    \6\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \7\ 15 U.S.C. 632.
---------------------------------------------------------------------------

    Fixed Service. There are 162 fixed assignments authorized under 
Sec. 90.266 for long distance communications,\8\ 17 Alaska private-
fixed assignments,\9\ and 5 aeronautical fixed station assignments \10\ 
that operate in the bands proposed for reallocation. The Commission has 
not yet defined a small business with respect to these fixed services. 
For purposes of this IRFA, we will use the SBA's definition applicable 
to radiotelephone (wireless) companies--i.e., an entity with no more 
than 1,500 persons.\11\ We believe that most of the Sec. 90.266 
licensees are telephone, gas, and power companies that are not small 
businesses. We estimate that most of these fixed service licensees 
would not qualify as small entities under the SBA definition for 
radiotelephone (wireless) companies; therefore, less than 184 small 
entities would be impacted by the proposed reallocation.
---------------------------------------------------------------------------

    \8\ 47 CFR 90.266.
    \9\ 47 CFR Part 80, Subpart O--Alaska Fixed Stations.
    \10\ 47 CFR 87.275, 87.277, 87.279.
    \11\ 13 CFR 121.201, NAICS codes 513321, 513322, 513330.
---------------------------------------------------------------------------

    Maritime Service. The Commission has not adopted a definition of 
small entity specific to coast stations in the maritime service.\12\ We 
will use the SBA's definition applicable to radiotelephone (wireless) 
companies, i.e., an entity employing no more than 1,500 persons.\13\ 
There are 4 public and 4 private coast station licensees that operate 
in the bands proposed for reallocation, and we estimate that almost all 
of them qualify as small under the SBA definition.
---------------------------------------------------------------------------

    \12\ The service is defined in Part 80 of the Commission's 
Rules, 47 CFR Part 80.
    \13\ 13 CFR 121.201, NAICS codes 513321, 513322, and 513330.
---------------------------------------------------------------------------

    International Broadcast Stations. The SBA defines a radio 
broadcasting station that has $5 million or less in annual receipts as 
a small business.\14\ A radio broadcasting station is an establishment 
primarily engaged in broadcasting aural programs by radio to the 
public.\15\ Included in this industry are commercial, religious, 
educational, and other radio stations.\16\ The transmissions of 
international broadcast stations are intended to be received directly 
by the general public in foreign countries.\17\ There are 24 
international broadcast licensees, and we estimate that almost all of 
them qualify as small under the SBA definition.
---------------------------------------------------------------------------

    \14\ 13 CFR 121.201, NAICS codes 513111 and 513112.
    \15\ 1992 Census, Series UC92-S-1, at Appendix A-9.
    \16\ Id.
    \17\ See 47 CFR 73.701.
---------------------------------------------------------------------------

    Private Land Mobile Radio Services. The Commission has not adopted 
a definition of small entity specific to private land mobile radio 
services.\18\ We will use the SBA's definition applicable to 
radiotelephone (wireless) companies, i.e., an entity employing no more 
than 1,500 persons.\19\ There are 4 Industrial/Business Pool licensees 
and 2 radiolocation licensees in the AM Expanded Band, and we believe 
that none of them qualify as small under the SBA definition.
---------------------------------------------------------------------------

    \18\ The service is defined in Part 90 of the Commission's 
Rules, 47 CFR Part 90.
    \19\ 13 CFR 121.201, NAICS codes 513321, 513322, and 513330.
---------------------------------------------------------------------------

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    29. We propose no new reporting or recordkeeping requirements on 
small entities; however, we do propose three compliance requirements 
that may have a significant economic burden on small entities. First, 
if fixed or coast station licensees determine that they can not operate 
in the WARC-92 HFBC bands without causing harmful interference to 
international broadcast stations, we propose that these licensees move 
to other fixed or mobile frequencies. Those fixed and coast station 
licensees that move to other assigned frequencies would have to pay a 
license modification fee if they do not request such frequencies during 
renewal. We note that 162 of the 205 assignments in these bands operate 
on a non-interference, unprotected basis internationally and that our 
proposed rules do not change their status.\20\ In contrast, the status 
of the remaining 43 assignments would be affected by the proposed 
reallocation, that is, these primary and protected assignments would be 
downgraded to non-interference, unprotected status. These 43 
assignments can be more specifically classified as 21 coast station, 17 
Alaska private-fixed, and 5 aeronautical fixed assignments. We believe 
that all of the affected stations use equipment that can be tuned to 
other HF bands allocated to the fixed or mobile services and that there 
is sufficient allocated spectrum available for this purpose. 
Accordingly, we believe that any relocation costs would be de minimus; 
however, out of an abundance of caution we are seeking comment in this 
IRFA as to actual costs of this move. Second, we propose to adopt a 
stricter frequency control tolerance for international broadcast 
stations. This requirement may cause some of our licensees to have to 
modify their equipment. We request comment on our analysis.
---------------------------------------------------------------------------

    \20\ See 47 CFR 2.102(h) of the Commission's Rules for the 
special provisions regarding the use of spectrum allocated to the 
fixed and land mobile services below 25 MHz by non-Federal 
Government stations.
---------------------------------------------------------------------------

    30. The band 1605-1705 kHz was reallocated from the land mobile 
service to the broadcasting service in 1983. However, there are four 
Industrial/Business Pool licensees in the AM Expanded Band. In 
addition, there are two radiolocation licensees operating in the AM 
Expanded Band on a secondary basis. In the NPRM and Order, we propose 
to permit these currently licensed stations to continue to operate 
until the end of their current license term on a non-interference basis 
to AM radio and TIS stations, without an opportunity for renewal.

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

    31. 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.\21\
---------------------------------------------------------------------------

    \21\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    32. As stated in number (1) above, one alternative that we are 
considering is whether or not to allow small entities operating 
international broadcast stations a longer time to transition from 
outdated equipment. This transition would be necessary in instances in 
which equipment cannot maintain the stringent tolerance required by the 
proposed rule. We request that commenters address the effects of 
grandfathering existing international broadcast stations at their 
current frequency tolerance. See paragraph 18 of the NPRM and Order. In 
addition, we request comment on alternatives that could further 
minimize the impact of the proposed frequency tolerance on small 
entities.
    33. With regard to small entities operating in the AM Expanded 
Band,

[[Page 16679]]

Commission staff will work with affected licensees to help them find 
suitable alternative channels if the licensee desires. No fee will be 
charged to licensees of affected stations that apply for modification 
for alternative channels before the end of their license term.

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

    34. None.

Ordering Clauses

    35. Pursuant to sections 1, 4, 301, 302(a), 303, 307, 309, 316, 
332, 334, and 336 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154, 301, 302(a), 303, 307, 309, 316, 332, 334, and 336, 
the NOTICE OF PROPOSED RULE MAKING AND ORDER is hereby ADOPTED.
    36. The Public Safety, Industrial/Business Pool, and remote pickup 
applications for frequencies within the band 1605-1705 kHz shall not be 
granted. The Commission shall not accept said applications for new 
licenses or modifications or renewals of existing licenses for 
frequencies within the band 1605-1705 kHz as of the [effective date of 
this NPRM and Order]. Any such applications received on or after that 
date shall be returned as unacceptable for filing. Pending applications 
shall be dismissed, unless they are modified to specify alternative 
frequencies.
    37. The Commission's Consumer Information Bureau, Reference 
Information Center, SHALL SEND a copy of this NOTICE OF PROPOSED RULE 
MAKING AND ORDER, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects

47 CFR Part 2

    Radio, telecommunications.

47 CFR Part 73

    Communications equipment, radio, reporting and recordkeeping.

47 CFR Part 74

    Radio.

47 CFR Part 80

    Alaska, radio.

47 CFR Part 90

    Business and industry, radio.

47 CFR Part 97

    Radio, volunteers.

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

Rules Change

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR Parts 2, 73, 74, 80, 
90, and 97 as follows:

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

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

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

    2. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
    a. Revise pages 1 through 21.
    b. In the list of International Footnotes, under I. New ``S'' 
Numbering Scheme, revise footnotes S5.55, S5.58, S5.59, S5.65, S5.67, 
S5.75, S5.77, S5.93, S5.96, S5.98, S5.99, S5.107, S5.112, S5.114, 
S5.117, S5.152, S5.154, and S5.155A; and remove footnotes S5.81, 
S5.120, and S5.124.
    c. In the list of International Footnotes, under II. Old Numbering 
Scheme, remove footnotes 459, 471, 472, 472A, 474, and 480.
    d. In the list of United States (US) Footnotes, revise footnotes 
US18, US25, US82, US104, US225, US231, US281, US282, US283, US298, 
US321, and US340; remove footnotes US235, US236, and US238; and add 
footnotes USwww, USxxx, USyyy and USzzz.
    The additions and revisions read as follows:


Sec. 2.106  Table of Frequency Allocations.

* * * * *

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[[Page 16701]]

International Footnotes

* * * * *
    S5.55  Additional allocation: in Armenia, Azerbaijan, Bulgaria, 
Georgia, Kyrgyzstan, the Russian Federation, Tajikistan and 
Turkmenistan, the band 14-17 kHz is also allocated to the 
radionavigation service on a primary basis.
* * * * *
    S5.58  Additional allocation: in Armenia, Azerbaijan, Georgia, 
Kazakstan, Kyrgyzstan, the Russian Federation, Tajikistan and 
Turkmenistan, the band 67-70 kHz is also allocated to the 
radionavigation service on a primary basis.
    S5.59  Different category of service: in Bangladesh and Pakistan, 
the allocation of the bands 70-72 kHz and 84-86 kHz to the fixed and 
maritime mobile services is on a primary basis (see No. S5.33).
* * * * *
    S5.65  Different category of service: in Bangladesh, the allocation 
of the bands 112-117.6 kHz and 126-129 kHz to the fixed and maritime 
mobile services is on a primary basis (see No. S5.33).
* * * * *
    S5.67  Additional allocation: in Azerbaijan, Bulgaria, Mongolia, 
Kyrgyzstan, Romania and Turkmenistan, the band 130-148.5 kHz is also 
allocated to the radionavigation service on a secondary basis. Within 
and between these countries this service shall have an equal right to 
operate.
* * * * *
    S5.75  Different category of service: in Armenia, Azerbaijan, 
Belarus, Georgia, Moldova, Kyrgyzstan, the Russian Federation, 
Tajikistan, Turkmenistan, Ukraine and the Black Sea areas of Bulgaria 
and Romania, the allocation of the band 315-325 kHz to the maritime 
radionavigation service is on a primary basis under the condition that 
in the Baltic Sea area, the assignment of frequencies in this band to 
new stations in the maritime or aeronautical radionavigation services 
shall be subject to prior consultation between the administrations 
concerned.
* * * * *
    S5.77  Different category of service: in Australia, China, the 
French Overseas Territories of Region 3, India, Indonesia (until 1 
January 2005), Iran (Islamic Republic of), Japan, Pakistan, Papua New 
Guinea and Sri Lanka, the allocation of the band 415-495 kHz to the 
aeronautical radionavigation service is on a primary basis. 
Administrations in these countries shall take all practical steps 
necessary to ensure that aeronautical radionavigation stations in the 
band 435-495 kHz do not cause interference to reception by coast 
stations of ship stations transmitting on frequencies designated for 
ship stations on a worldwide basis (see No. S52.39).
* * * * *
    S5.93  Additional allocation: in Angola, Armenia, Azerbaijan, 
Belarus, Georgia, Hungary, Kazakstan, Latvia, Lithuania, Moldova, 
Mongolia, Nigeria, Uzbekistan, Poland, Kyrgyzstan, Slovakia, the Czech 
Rep., the Russian Federation, Tajikistan, Chad, Turkmenistan and 
Ukraine, the bands 1625-1635 kHz, 1800-1810 kHz and 2160-2170 kHz and, 
in Bulgaria, the bands 1625-1635 kHz and 1800-1810 kHz, are also 
allocated to the fixed and land mobile services on a primary basis, 
subject to agreement obtained under No. S9.21.
* * * * *
    S5.96  In Germany, Armenia, Austria, Azerbaijan, Belarus, Denmark, 
Estonia, Finland, Georgia, Hungary, Ireland, Israel, Jordan, Kazakstan, 
Latvia, Liechtenstein, Lithuania, Malta, Moldova, Norway, Uzbekistan, 
Poland, Kyrgyzstan, Slovakia, the Czech Rep., the United Kingdom, the 
Russian Federation, Sweden, Switzerland, Tajikistan, Turkmenistan and 
Ukraine, administrations may allocate up to 200 kHz to their amateur 
service in the bands 1715-1800 kHz and 1850-2000 kHz. However, when 
allocating the bands within this range to their amateur service, 
administrations shall, after prior consultation with administrations of 
neighbouring countries, take such steps as may be necessary to prevent 
harmful interference from their amateur service to the fixed and mobile 
services of other countries. The mean power of any amateur station 
shall not exceed 10 W.
* * * * *
    S5.98  Alternative allocation: in Angola, Armenia, Azerbaijan, 
Belarus, Belgium, Bulgaria, Cameroon, the Congo, Denmark, Egypt, 
Eritrea, Spain, Ethiopia, Georgia, Greece, Italy, Kazakstan, Lebanon, 
Lithuania, Moldova, the Netherlands, Syria, Kyrgyzstan, the Russian 
Federation, Somalia, Tajikistan, Tunisia, Turkmenistan, Turkey and 
Ukraine, the band 1810-1830 kHz is allocated to the fixed and mobile, 
except aeronautical mobile, services on a primary basis.
    S5.99  Additional allocation: in Saudi Arabia, Austria, Bosnia and 
Herzegovina, Iraq, Libya, Uzbekistan, Slovakia, the Czech Rep., 
Romania, Slovenia, Chad, Togo and Yugoslavia, the band 1810-1830 kHz is 
also allocated to the fixed and mobile, except aeronautical mobile, 
services on a primary basis.
* * * * *
    S5.107  Additional allocation: in Saudi Arabia, Botswana, Eritrea, 
Ethiopia, Iraq, Lesotho, Libya, Somalia and Swaziland, the band 2160-
2170 kHz is also allocated to the fixed and mobile, except aeronautical 
mobile (R), services on a primary basis. The mean power of stations in 
these services shall not exceed 50 W.
* * * * *
    S5.112  Alternative allocation: in Bosnia and Herzegovina, Cyprus, 
Denmark, Greece, Iceland, Malta, Sri Lanka and Yugoslavia, the band 
2194-2300 kHz is allocated to the fixed and mobile, except aeronautical 
mobile, services on a primary basis.
* * * * *
    S5.114  Alternative allocation: in Bosnia and Herzegovina, Cyprus, 
Denmark, Greece, Iraq, Malta, and Yugoslavia, the band 2502-2625 kHz is 
allocated to the fixed and mobile, except aeronautical mobile, services 
on a primary basis.
* * * * *
    S5.117  Alternative allocation: in Bosnia and Herzegovina, Cyprus, 
Cote d'Ivoire, Denmark, Egypt, Greece, Iceland, Liberia, Malta, Sri 
Lanka, Togo and Yugoslavia, the band 3155-3200 kHz is allocated to the 
fixed and mobile, except aeronautical mobile, services on a primary 
basis.
* * * * *
    S5.152  Additional allocation: in Armenia, Azerbaijan, China, Cote 
d'Ivoire, Georgia, Iran (Islamic Republic of), Kazakstan, Moldova, 
Kyrgyzstan, the Russian Federation, Tajikistan, Turkmenistan and 
Ukraine, the band 14250-14350 kHz is also allocated to the fixed 
service on a primary basis. Stations of the fixed service shall not use 
a radiated power exceeding 24 dBW.
* * * * *
    S5.154  Additional allocation: in Armenia, Azerbaijan, Georgia, 
Kazakstan, Moldova, Kyrgyzstan, the Russian Federation, Tajikistan, 
Turkmenistan and Ukraine, the band 18068-18168 kHz is also allocated to 
the fixed service on a primary basis for use within their boundaries, 
with a peak envelope power not exceeding 1 kW.
* * * * *
    S5.155A  In Armenia, Azerbaijan, Belarus, Bulgaria, Georgia, 
Kazakstan, Moldova, Mongolia, Uzbekistan, Kyrgyzstan, Slovakia, the 
Czech Rep., the Russian Federation, Tajikistan, Turkmenistan and 
Ukraine, the use of the band 21850-21870 kHz by the fixed

[[Page 16702]]

service is limited to provision of services related to aircraft flight 
safety.
* * * * *

United States (US) Footnotes

* * * * *
    US18  Navigation aids in the U.S. and its insular areas in the 
bands 9-14 kHz, 90-110 kHz, 190-415 kHz, 510-535 kHz, and 2700-2900 MHz 
are normally operated by the Federal Government. However, 
authorizations may be made by the FCC for non-Federal Government 
operations in these bands subject to the conclusion of appropriate 
arrangements between the FCC and the Federal agencies concerned and 
upon special showing of need for service which the Federal Government 
is not yet prepared to render.
* * * * *
    US25  The use of frequencies in the band 25850-26175 kHz may be 
authorized to non-Federal Government remote pickup broadcast base and 
mobile stations on the condition that harmful interference is not 
caused to the reception of either international broadcast stations 
transmitting in the band 25850-26100 kHz or coast stations transmitting 
in the band 26100-26175 kHz.
* * * * *
    US82  The assignable frequencies in the bands 4146-4152 kHz, 6224-
6233 kHz, 8294-8300 kHz, 12353-12368 kHz, 16528-16549 kHz, 18825-18846 
kHz, 22159-22180 kHz, and 25100-25121 kHz may be authorized on a shared 
non-priority basis to Federal and non-Federal Government ship and coast 
stations (SSB telephony, with peak envelope power not to exceed 1 kW).
* * * * *
    US104  The LORAN Radionavigation System has priority in the band 
90-110 kHz in the United States and its insular areas. Radiolocation 
land stations making use of LORAN type equipment may be authorized to 
both Federal and non-Federal Government licensees on a secondary basis 
for offshore radiolocation activities only at specific locations and 
subject to such technical and operational conditions (e.g., power, 
emission, pulse rate and phase code, hours of operation), including on-
the-air testing, as may be required on a case-by-case basis to ensure 
protection of the LORAN radionavigation system from harmful 
interference and to ensure mutual compatibility among radiolocation 
operators. Such authorizations to stations in the radiolocation service 
are further subject to showing of need for service which is not 
currently provided and which the Federal Government is not yet prepared 
to render by way of the radionavigation service.
* * * * *
    US225  In addition to its present Federal Government use, the band 
510-525 kHz is available to Federal and non-Federal Government 
aeronautical radionavigation stations inland of the Territorial Base 
Line as coordinated with the military services. In addition, the 
frequency 510 kHz is available for non-Federal Government ship-
helicopter operations when beyond 100 nautical miles from shore and 
required for aeronautical radionavigation.
* * * * *
    US231  When an assignment cannot be obtained in the bands between 
200 kHz and 525 kHz, which are allocated to aeronautical 
radionavigation, assignments may be made to aeronautical radiobeacons 
in the maritime mobile band 435-490 kHz, on a secondary basis, subject 
to the coordination and agreement of those agencies having assignments 
within the maritime mobile band which may be affected. Assignments to 
Federal Government aeronautical radionavigation radiobeacons in the 
band 435-490 kHz shall not be a bar to any required changes to the 
maritime mobile radio service and shall be limited to non-voice 
emissions.
* * * * *
    US281  In the band 25070-25210 kHz, non-Federal Government stations 
in the Industrial/Business Pool shall not cause harmful interference 
to, and must accept interference from, stations in the maritime mobile 
service operating in accordance with the International Table of 
Frequency Allocations.
    US282  In the band 4650-4700 kHz, frequencies may be authorized for 
non-Federal Government communication with helicopters in support of 
off-shore drilling operations on the condition that harmful 
interference will not be caused to services operating in accordance 
with the Table of Frequency Allocations.
    US283  In the bands 2850-3025 kHz, 3400-3500 kHz, 4650-4700 kHz, 
5450-5680 kHz, 6525-6685 kHz, 10005-10100 kHz, 11275-11400 kHz, 13260-
13360 kHz, and 17900-17970 kHz, frequencies may be authorized for non-
Federal Government flight test purposes on the condition that harmful 
interference will not be caused to services operating in accordance 
with the Table of Frequency Allocations.
* * * * *
    US298  Channels 27555, 27615, 27635, 27655, 27765, and 27860 kHz 
are available for use by forest product licensees on a secondary basis 
to Federal Government operations including experimental stations. Non-
Federal Government operations on these channels will not exceed 150 
watts output power and are limited to the states of Washington, Oregon, 
Maine, North Carolina, South Carolina, Tennessee, Georgia, Florida, 
Alabama, Mississippi, Louisiana, and Texas (eastern portion).
* * * * *
    US321  The band 535-1705 kHz is also allocated to the non-Federal 
Government mobile service on a secondary basis for the distribution of 
public service information from Travelers' Information Stations 
operating in accordance with the provisions of 47 C.F.R. Sec. 90.242 on 
10 kilohertz spaced channels from 540 kHz to 1700 kHz.
* * * * *
    US340  The band 2-30 MHz is available on a non-interference basis 
to Federal and non-Federal Government maritime and aeronautical 
stations for the purposes of measuring the quality of reception on 
radio channels. See 47 CFR Sec. 87.149 for the list of protected 
frequencies and bands within this frequency range. Actual 
communications shall be limited to those frequencies specifically 
allocated to the maritime mobile and aeronautical mobile services.
* * * * *
    USwww  On the condition that harmful interference is not caused to 
the reception of AM broadcast stations or to travelers' information 
stations, Federal Government stations in the band 1615-1705 kHz may 
continue operations until [one year from the adoption date of the 
Report and Order].
    USxxx  On the condition that harmful interference is not caused to 
the broadcasting service, frequencies in the bands 9775-9900 kHz, 
11650-11700 kHz, and 11975-12050 kHz may be used by Federal Government 
stations in the fixed service communicating within the United States 
and its insular areas that are authorized as of [adoption date of the 
Report and Order]. Each such station shall be limited to a total 
radiated power of 24 dBW.
    USyyy  On April 1, 2007, the bands 5900-5950 kHz, 7300-7350 kHz, 
9400-9500 kHz, 11600-11650 kHz, 12050-12100 kHz, 13570-13600 kHz, 
13800-13870 kHz, 15600-15800 kHz, 17480-17550 kHz, and 18900-19020 kHz 
shall be allocated exclusively to the broadcasting service. On or after 
April 1, 2007, frequencies in these bands may be used by stations in 
the fixed and mobile services, communicating only within the United 
States and its insular areas, on the condition that harmful

[[Page 16703]]

interference is not caused to the broadcasting service. When using 
frequencies in the fixed and mobile services, licensees shall be 
limited to the minimum power required and shall take account of the 
seasonal use of frequencies by the broadcasting service published in 
accordance with Article S12 of the ITU Radio Regulations.
    USzzz  Consistent with US18, stations may be authorized on a 
primary basis in the band 285-325 kHz for the specific purpose of 
transmitting differential global positioning system information.
* * * * *

PART 73--RADIO BROADCAST SERVICES

    3. The authority citation for Part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.
    4. Section 73.701 is amended by removing and reserving paragraph 
(j) and revising paragraphs (a), (e), (g), (h), (i), and (l) to read as 
follows:


Sec. 73.701  Definitions.

* * * * *
    (a) International broadcast stations. A broadcasting station 
employing frequencies allocated to the broadcasting service between 
5900 and 26100 kHz, the transmissions of which are intended to be 
received directly by the general public in foreign countries. (A 
station may be authorized more than one transmitter.) There are both 
Federal and non-Federal Government international broadcast stations; 
only the latter are licensed by the Commission and are subject to the 
rules of this subpart.
* * * * *
    (e) Coordinated Universal Time (UTC). Time scale, based on the 
second (SI), as defined in Recommendation ITU-R TF.460-5. UTC is 
equivalent to mean solar time at the prime median (0 deg. longitude), 
formerly expressed as GMT.
* * * * *
    (g) Day. Any twenty-four hour period beginning 0100 UTC and ending 
0100 UTC.
    (h) Schedule A. That portion of any year commencing at 0100 UTC on 
the last Sunday in March and ending at 0100 UTC on the last Sunday in 
October.
    (i) Schedule B. That portion of any year commencing at 0100 UTC on 
the last Sunday in October and ending at 0100 UTC on the last Sunday in 
March.
    (j) [Reserved]
* * * * *
    (l) Reference month. That month of a season which is used for 
determining predicted propagation characteristics for the season. The 
reference month for Schedule A is July and the reference month for 
Schedule B is December.
* * * * *
    5. Section 73.702 is amended by redesignating paragraph (f)(3) as 
(f)(4) and adding new paragraph (f)(3) and revising paragraphs (f) 
introductory text, (f)(1) and the first and second sentences in 
paragraph (f)(2) to read as follows:


Sec. 73.702  Assignment and use of frequencies.

* * * * *
    (f) Assigned frequencies shall be within the following bands, which 
are allocated on an exclusive basis to the broadcasting service:
    (1) 5950-6200 kHz, 9500-9900 kHz, 11650-12050 kHz, 13600-13800 kHz, 
15100-15600 kHz, 17550-17900 kHz, 21450-21850 kHz, and 25670-26100 kHz.
    (2) In addition, the band 7100-7300 kHz is allocated on an 
exclusive basis to the broadcasting service in International 
Telecommunication Union (ITU) Regions 1 and 3 as defined in 47 CFR 
2.104(b) of this chapter. Assignments in the band 7100-7300 kHz shall 
be limited to international broadcast stations located in ITU Region 3 
insular areas (as defined in 47 CFR 2.105(a), note 4) of this chapter 
that transmit to zones and areas of reception in ITU Region 1 or 3. * * 
*
    (3) In addition, frequencies within the following bands are 
assignable to the broadcasting service on an exclusive basis after 
April 1, 2007:
    (i) 5900-5950 kHz, 7300-7350 kHz, 9400-9500 kHz, 11600-11650 kHz, 
12050-12100 kHz, 13570-13600 kHz, 13800-13870 kHz, 15600-15800 kHz, 
17480-17550 kHz, and 18900-19020 kHz (WARC-92 HFBC bands).
    (ii) Use of the WARC-92 HFBC bands shall be limited to single 
sideband emissions with the characteristics specified in Appendix S11 
of the ITU Radio Regulations or to any other spectrum-efficient 
modulation technique recommended by the ITU Radiocommunication Sector. 
Double sideband modulation may continue to be used on a non-
interference basis.
* * * * *
    6. Section 73.703 is amended by revising the map to read as 
follows:


Sec. 73.703  Geographical zones and areas of reception.

* * * * *
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[[Page 16705]]

    7. Section 73.756 is amended by revising paragraph (c) to read as 
follows:


Sec. 73.756  Transmission system requirements.

* * * * *
    (c) Frequency tolerance. The transmitter shall maintain the 
operating frequency within 10 Hz of the assigned frequency.
    8. Section 73.766 is amended by revising the last sentence of the 
section to read as follows:


Sec. 73.766  Modulation and bandwidth.

    * * * The highest modulating frequency shall not exceed 4.5 kHz.

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

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

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

    10. Section 74.402 paragraph (a)(1) and footnote 1 are removed and 
reserved.

PART 80--STATIONS IN THE MARITIME SERVICES

    11. The authority citation for part 80 continues to read as 
follows:

    Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, 
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 
UST 2377.

    12. Section 80.373 amend table in paragraph (d)(1) by adding 
footnote 1 for entries 5700-5950 and 7300-8100 and the table in 
paragraph (i) by adding footnote 3 for entries 1619.0, 1622.0, 1643.0, 
1646.0, 1649.0, 1652.0 and 1705.0 to read as follows:


Sec. 80.373  Private communications frequencies.

* * * * *
    (d) * * *
    (1) * * *

                          Frequency Bands (kHz)
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
  *        *        *        *        *
5730-5950 \1\
7300-8100 \1\
  *        *        *        *        *
------------------------------------------------------------------------
\1\ After April 1, 2007, use of the sub-bands 5900-5950 kHz and 7300-
  7350 kHz shall be on the condition that harmful interference is not
  caused to HF broadcasting.

* * * * *
    (i) * * *

       Private Communications in Alaska Carrier Frequencies (kHz)
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
1619.0 \3\
1622.0 \3\
1643.0 \3\
1646.0 \3\
1649.0 \3\
1652.0 \3\
1705.0 \3\
  *        *        *        *        *
------------------------------------------------------------------------
\3\ Use of these frequencies is on a secondary basis to Region 2
  broadcasting.

* * * * *
    13. Section 80.387 amend the table in paragraph (b) by adding new 
footnote 4 for entries 1643.0, 1646.0, 1649.0, 1652.0, 1657.0, 1660.0, 
1705.0 and adding footnote 5 for entry 11601.5 to read as follows:


Sec. 80.387  Frequencies for Alaska fixed stations.

    (b) * * *

                        Carrier Frequencies (kHz)
------------------------------------------------------------------------
                                  emsp;
-------------------------------------------------------------------------
1643.0 \4\
1646.0 \4\
1649.0 \4\
1652.0 \4\
1657.0 \4\
1660.0 \1\ \4\
1705.04 \4\
  *        *        *        *        *
11601.5 \2\ \5\
  *        *        *        *        *
------------------------------------------------------------------------
\1\ Use of 1660.0 kHz must be coordinated to protect radiolocation on
  adjacent channels.
\2\ Peal envelope power must not exceed 1 kW for radiotelephony.
  Teleprinter use is authorized.
* * * * *
\4\ Use of these frequencies is on a secondary basis to Region 2
  broadcasting.
\5\ After April 1, 2007, use of the frequency 11601.5 kHz shall be on
  the condition that harmful interference is not caused to HF
  broadcasting.

* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

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

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).

    15. Section 90.35 amend the table in paragraph (b)(3) under 
kilohertz by removing the entries 1614 kHz, 1628 kHz, 1652 kHz, 1676 
kHz, and 1700 kHz and under Megahertz by revising the entries for 25.12 
MHz, 25.14 MHz, 25.16 MHz, 25.18 MHz, and 25.20 MHz and adding the 
entries for 27.555 MHz, 27.615 MHz, 27.635 MHz, 27.655 MHz, 27.765 MHz, 
and 27.86 MHz and removing and reserving paragraph (c)(2) and removing 
paragraph (c)(4) and revising paragraph (c)(82) to read as follows:


Sec. 90.35  Industrial/Business Pool.

* * * * *
    (b) * * *
    (3) * * *

                                    Industrial/Business Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
          Frequency or band             Class of station(s)          Limitations               Coordinator
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                                    Megahertz
----------------------------------------------------------------------------------------------------------------
25.12...............................  ......do...............  9......................  IP
25.14...............................  ......do...............  3, 4, 9................  IP
25.16...............................  ......do...............  9......................  IP
25.18...............................  ......do...............  3, 4, 9................  IP
25.20...............................  ......do...............  9......................  IP
 
*                  *                  *                  *                  *                  *
                                                        *
27.555..............................  Base or mobile.........  82
27.615..............................  ......do...............  82
27.635..............................  ......do...............  82
27.655..............................  ......do...............  82

[[Page 16706]]

 
27.765..............................  ......do...............  82
27.86...............................  ......do...............  82
29.71...............................  ......do...............
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

    (c) * * *
* * * * *
    (2) [Reserved]
* * * * *
    (82) The frequency may be assigned only to entities meeting the 
definition of a forest product licensee (see Sec. 90.7). Operations are 
on a secondary basis to Federal Government operations including 
experimental stations, will not exceed 150 watts output power, and are 
limited to the states of Washington, Oregon, Maine, North Carolina, 
South Carolina, Tennessee, Georgia, Florida, Alabama, Mississippi, 
Louisiana, and Texas (eastern portion).
* * * * *
    17. Section 90.103 amend the table in paragraph (b) under kilohertz 
by removing the entry for 1605-1715, and adding in its place the entry 
for 1705-1715, and removing and reserving paragraphs (c)(28) and (29) 
and revising paragraph (c)(4) to read as follows:


Sec. 90.103  Radiolocation Service.

* * * * *

                  Radiolocation Service Frequency Table
------------------------------------------------------------------------
       Frequency or band           Class of station        Limitation
------------------------------------------------------------------------
                                Kilohertz
------------------------------------------------------------------------
1705 to 1715..................  ......do..............  4, 5, 6
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (4) The non-Federal Government radiolocation service in this band 
is on a secondary basis to stations in the aeronautical radionavigation 
service operating on 1708 kHz.
* * * * *
    (28) [Reserved]
    (29) [Reserved]
* * * * *
    18. Section 90.263 is amended by revising the third sentence to 
read as follows:


Sec. 90.263  Substitution of frequencies below 25 MHz.

    * * * In such cases, a substitute frequency, if found to be 
available, may be assigned from the following bands: 1705-1750 kHz, 
2107-2170 kHz, 2194-2495 kHz, 2506-2850 kHz, 3155-3400 kHz, or 4438-
4650 kHz. * * *

PART 97--AMATEUR RADIO SERVICE

    19. The authority citation for Part 97 continues to read as 
follows:

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

    20. Section 97.401 is amended by removing paragraph (b) and by 
redesignating paragraphs (c) and (d) as (b) and (c).

[FR Doc. 02-7727 Filed 4-5-02; 8:45 am]
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