[Federal Register Volume 68, Number 51 (Monday, March 17, 2003)]
[Rules and Regulations]
[Pages 12744-12777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4176]



[[Page 12743]]

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Part II





Federal Communications Commission





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47 CFR Parts 1, 2, 73, 74, 78 and 101



Broadcast Auxiliary Service Rules; Final Rule

  Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / Rules 
and Regulations  

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 73, 74, 78 and 101

[ET Docket No. 01-75; FCC 02-298]


Broadcast Auxiliary Service Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends our rules pertaining to the Broadcast 
Auxiliary Services (BAS) to permit BAS stations to introduce new 
technologies and create a more efficient BAS that can more readily 
adapt as the broadcast industry converts to the use of digital 
technology, such as digital television (DTV). We also make conforming 
amendments our rules pertaining to the Radio Broadcast Services, the 
Cable Television Relay Service (CARS), and to our rules pertaining to 
Fixed Microwave Services (FS). In many cases, the BAS, CARS, and FS 
share frequency bands and have technically and operationally similar 
stations, and our rule changes will permit these three services to 
operate under consistent regulatory guidelines.

DATES: Effective April 16, 2003, except for Sec. Sec.  74.535 and 
74.637 which became effective on October 30, 2002.

FOR FURTHER INFORMATION CONTACT: Ted Ryder, Office of Engineering and 
Technology, (202) 418-2803.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 01-75, FCC 02-298, adopted October 30, 2002, 
and released November 13, 2002. The full text of this document is 
available for inspection and copying during regular business hours in 
the FCC Reference Center (Room CY-A257), 445 12th Street, SW., 
Washington, DC 20554. The complete text of this document also may be 
purchased from the Commission's copy contractor, Qualex International, 
445 12th Street, SW., Room, CY-B402, Washington, DC 20554. The full 
text may also be downloaded at: http://www.fcc.gov. Alternative formats 
are available to persons with disabilities by contacting Brian Millin 
at (202) 418-7426 or TTY (202) 418-7365.

Summary of the Report and Order

    1. The Report and Order amends part 74 of our rules pertaining to 
the Broadcast Auxiliary Services (BAS) to permit BAS stations to 
introduce new technologies and create a more efficient BAS that can 
more readily adapt as the broadcast industry converts to the use of 
digital technology, such as digital television (DTV). We also make 
conforming amendments to part 73 of our rules pertaining to the Radio 
Broadcast Services, to part 78 of our rules pertaining to the Cable 
Television Relay Service (CARS), and to part 101 of our rules 
pertaining to Fixed Microwave Services (FS). In many cases, the BAS, 
CARS, and FS share frequency bands and have technically and 
operationally similar stations, and our rule changes will permit these 
three services to operate under consistent regulatory guidelines.

BAS Technical Rules (Part 74) and Conforming Technical Rules for Parts 
74, 78 and 101 Digital Modulation in All Television and Aural BAS Bands

    2. Section 74.637 of the Commission's rules sets forth emission 
requirements for TV BAS operations. Digital modulation provides for 
analog or digital modulation in the 6425-6525 MHz, 17.7-19.7 GHz, 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 and 2450-
2483.5 MHz (2 GHz), 6875-7125 MHz (7 GHz), and 12.7-13.25 GHz (13 
GHz)), the Commission's policy relative to BAS has been to allow 
digital modulation only in bands where it specifically authorized. 
Therefore, under current policy, licensees must obtain a waiver of the 
rules to transmit using digital modulation in the 2 GHz, 7 GHz, and 13 
GHz bands.
    3. The Report and Order modified Sec.  74.637 to permit use of any 
available digital modulation technique in all TV BAS bands and also 
modifies Sec.  74.535 to permit digital modulation in all aural BAS 
bands. We find that permitting digital modulation in the 2 GHz, 7 GHz, 
13 GHz TV BAS bands, and all aural BAS bands will provide licensees 
with increased flexibility in the provision of BAS operations, promote 
more efficient use of this spectrum, and facilitate the transition to 
reduced channel bandwidths in the 2 GHz band, and to DTV.
    4. In order to facilitate the expeditious processing of the 
approximately 500 pending applications for digital BAS operations, the 
following BAS rules will became effective October 30, 2002, the adopted 
date of the Report and Order: Sec. Sec.  74.535 and 74.637. Pursuant to 
5 U.S.C. 553(d)(1) and 553(d)(3), we find good cause to make these 
rules effective immediately rather than to follow the normal practice 
of making them effective 30 days after publication in the Federal 
Register, due to the pendency of the BAS applications. Accordingly, we 
began processing these BAS applications on October 30, 2002, the 
adoption date of the Report and Order. Defective BAS applications filed 
on or before November 13, 2002, the release date of the Report and 
Order, will be returned with the opportunity to amend. Defective BAS 
applications filed after November 13, 2002, the release date of the 
Report and Order may be subject to dismissal. In addition, we will 
allow relief from any new frequency coordination requirement imposed by 
the rules we adopted, such as new prior coordination procedures for 
fixed systems proposed in applications accepted for filing before the 
effective date of the rules. Specifically, we deem digital applications 
filed before the effective date of the rules in the Report and Order to 
have been properly coordinated under the existing coordination 
requirements, absent any evidence to the contrary, and we will not 
require re-coordination of these applications under prior coordination 
procedures effective under the new rules that also permit digital 
modulation (see footnote 22 in the Report and Order). We conclude that 
adherence to the existing frequency coordination requirements has been 
sufficient to ensure that these digital and analog/digital systems do 
not cause harmful interference to existing stations, and that re-
coordination, or the imposition of frequency coordination where it was 
not previously required, would be unnecessarily burdensome to the 
applicants. Moreover, most digital BAS systems that have been applied 
for are operating under an STA and we have not received any evidence of 
interference from these systems. We therefore will not require re-
coordination for digital applications filed before the effective date 
of the rules. Finally, we will exercise flexibility with respect to 
compliance with the technical rules adopted herein when processing 
these applications.

Maximum Effective Isotrophic Radiated Power for Short Paths

    5. We have modified the rules to implement in Sec. Sec.  74.644 and 
78.108 the same equation codified at Sec.  101.143 for determining the 
maximum effective isotrophic radiated power for short paths (EIRP) for 
path lengths shorter than the specified minimum. Further, we are 
grandfathering existing fixed links that are less than 17 km in length 
in the 2450-2483.5 MHz band. However, we will not permit grandfathered 
or other existing links that are modifying from analog operation to 
analog/digital or digital operation, to retain grandfathered status, 
and thus continue operation at their current elevated power levels, or 
be

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treated as minor modifications, even if operation is interference-free 
or is frequency coordinated, unless operation at the higher power 
levels is justified. Such continuation would otherwise ignore the 
existing requirement in Sec. Sec.  74.644 and 78.108(c) that power in 
excess of that specified be justified by an appropriate technical 
showing, and could lead to the continuation of unnecessarily excessive 
power levels, thus defeating the spectral efficiency intended by 
minimum path length requirements. We decline to classify the conversion 
from analog to analog/digital or digital operation as a minor 
modification. Such a change is and will remain classified as major 
under Sec.  1.929. Further, while operation without interference is 
possible, and frequency coordination may demonstrate the ability of the 
system to operate without interference, neither would necessarily 
justify the continuation of higher power levels, or thus warrant the 
continuation. We therefore decline to accept such conditions as 
sufficient justification to warrant the continuation of higher power 
levels, and will continue to require an appropriate technical showing 
justifying the elevated power, as required by Sec.  74.644. With 
respect to MRC's recommendation to require upgrade of old analog 
receivers to avert harmful interference from a system converting to 
multiplexed analog/digital operation, we decline to impose such an 
upgrade, as our rules do not contain minimum receiver performance 
requirements.
    6. We decline to designate the 1990-2110 MHz and 2450-2483.5 MHz 
bands for use by Remote Pickup BAS operations. We also decline to phase 
out fixed operation in these bands, to prohibit new fixed path lengths 
shorter than 17 km in these bands, or to phase out existing short paths 
in these bands in five years. We recognize that it is possible that the 
removal of fixed paths could free up spectrum for mobile use in some 
areas. However, we find that such action would unnecessarily limit the 
flexibility of TV BAS to accommodate fixed paths, where such paths are 
feasible and desirable with respect to mobile use of the band. This is 
particularly true for short paths, whose reduced EIRP can accommodate 
them in a spectrally efficient way. Moreover, the forced relocation of 
existing fixed links would be a burden on licensees.

Transmitter Power

    7. We find that the proposals to harmonize power limits among parts 
74, 78, and 101, and to express those limits as maximum EIRPs will 
provide consistency and promote greater efficiency in our rules. We 
have adopted our proposals as stated in the Notice of Proposed Rule 
Making, (NPRM) 66 FR 28686, May 24, 2001, and are specifying the 
following EIRP limits: (a) For aural BAS operations in the 944-952 MHz 
band, 40 dBW; (b) for fixed operations for TV BAS in the 1990-2110 MHz 
and 2450-2483.5 MHz bands, 45 dBW; and (c) for mobile operations for TV 
BAS in the 1990-2110 MHz and 2450-2483.5 MHz bands and CARS operations 
in the 1990-2110 MHz band, 35 dBW. We have also deleted output power 
limitations for fixed systems as it will permit flexibility in 
designing systems. However, we will maintain output power limitations 
in the rules for mobile systems. Maintaining these limits will reduce 
the potential for interference from mobile systems because they limit 
EIRP for omnidirectional mobile systems and reduce off-axis EIRP for 
directional mobile systems.
    8. Comsearch asked that the part 101 EIRP limit for the 12,200-
13,250 MHz band be amended from 50 dBW to conform to the parts 74 and 
78 limit of 55 dBW. We generally agree. We believe that providing 
common technical standards for similar stations simplifies the 
manufacturing and licensing process. We note that, except for LTTS, 
fixed stations under part 101 have not been eligible for new licenses 
in the 12,700-13,200 MHz portion of the band since 1983. These stations 
were designed and have been operating for the last 19 years or more 
with the 50 dBW limit. Thus, we see no reason to modify that limit for 
these stations. We will increase the EIRP limit to 55 dBW for all FS 
stations in the 13,200-13,250 MHz portion of the band. Further, we note 
that the rules for common carriers in the LTTS specify that they are 
subject to the technical rules of parts 74 and 78 in certain frequency 
bands shared with BAS and CARS. Therefore, they also will be subject to 
the higher 55 dBW limit we are adopting for fixed stations. To avoid 
confusion in the rules, we will amend Sec.  101.807 to clearly state 
that LTTS stations in certain bands shared with BAS and CARS should 
follow the power rules of parts 74 and 78.
    9. We found that maintaining the same EIRP limits for digital and 
analog systems is appropriate because, although digital systems would 
normally require less EIRP to operate, lowering their maximum EIRP 
could render them more susceptible to interference from higher powered 
analog systems. Finally, regarding BAS station operations at 2483.5-
2500 MHz, the new EIRP limits should not apply to grandfathered 
systems. Accordingly, in the final rules, we will specify that only the 
2450-2483.5 MHz band is available for BAS stations. We note, however, 
that this action in no way affects the continued rights of 
grandfathered BAS stations in the 2483.5-2500 MHz band, as described in 
footnote NG147 of the Table of Frequency Allocations.

Emission Masks

    10. 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. For example, 
different emission masks are authorized under parts 74, 78, and 101. 
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 mask for the same type of emission (e.g., FM, AM, 
etc.) in the same frequency band. The Commission in the NPRM proposed 
to make the FM and digital modulation emission mask requirements for 
BAS consistent with the requirements for FS in part 101 and proposed to 
adopt standard measurement procedures to measure emissions. 
Additionally, the Commission proposed to grandfather existing equipment 
authorized pursuant to current emission masks.
    11. Commenters did not address our proposals to standardize the 
emission masks between part 74 and part 101. Most comments addressed 
nuances of the rules, such as how they apply to composite systems. On 
the specific emission masks proposed, the comments received were 
supportive. We believe that maintaining the status quo in the 2 GHz 
band would harm the industry more than help it. By providing certainty 
to manufactures and users regarding equipment, we believe that the 
industry will be able to move forward and begin making wide scale use 
of digital equipment to increase spectral efficiency and to ensure that 
equipment is available for broadcasters as they transition to DTV. 
Accordingly, we adopted the proposals to amend the part 74 aural and TV 
BAS emission masks to make them consistent with the emission masks of 
part 101. As stated in the NPRM, 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,

[[Page 12746]]

minimize the potential of harmful interference and simplify the 
frequency coordination process. In addition, we adopt our proposal to 
grandfather existing equipment, and will do so for existing equipment 
and equipment of current production lines authorized, via certification 
or verification pursuant to the current emission standards, up to two 
years after the adoption of this Report and Order, and for stations 
authorized to use such equipment pursuant to an application filed up to 
two years after the adoption of this Report and Order. However, any 
such non-conforming equipment replaced on or after two years after the 
adoption of this Report and Order must be replaced by conforming 
equipment.
    12. We will require Coded Orthogonal Frequency Division 
Multiplexing (COFDM) systems to meet the emission limitations of the 
digital mask. We will grandfather existing equipment and equipment of 
current production lines for two years consistent with our decision. 
Finally, we clarify that the correct emission type for COFDM is W7D.
    13. MRC, the only commenter to address the issue of hybrid digital/
analog systems, supports our proposal to apply the digital mask to such 
systems if the digital traffic is 50% or more of the total peak 
deviation. We adopted this proposal. For comparison digital/analog 
systems, similar to hybrid systems, we will apply the appropriate 
analog or digital emission mask based on the percentage of the channel 
that carries a digital signal. Specifically, this percentage will be 
calculated as the system's digital necessary bandwidth divided by the 
aggregate necessary bandwidth. For purposes of equipment authorization 
and licensing, the output power and EIRP of a composite system will be 
its aggregate output power and EIRP. Both composite and hybrid systems 
will ease the transition to DTV as they provide a migration path for 
licensees to transition from an analog NTSC signal to a dual analog/
digital (NTSC/ATSC) signal, and eventually to only a digital signal. We 
believe that the procedures we have adopted will simplify and advance 
the transition to DTV while protecting the ability of coordinators to 
engineer systems.
    14. To determine the emission designator for a composite system, we 
will use the aggregate necessary bandwidth of the system, which is 
comprised of the analog necessary bandwidth, any band between the 
analog and digital signals, and the digital necessary bandwidth. The 
emission designator will also use the appropriate emission type, such 
as F9F or F9W, indicating that the system accommodates at least one 
analog and at least one digital signal. We note that licensees who 
modify their equipment from an analog system to a composite analog/
digital system, must also modify their station authorization to show 
the new emission type using ULS. Under the rules, such a change would 
be considered major and require a new frequency coordination.
    15. We did not receive any comments with regard to our proposals 
for standardized measurement procedures. We continue to believe that 
our procedures should ensure that all equipment is measured 
consistently. Therefore, for measuring compliance with the emission 
mask, for emissions removed from the center frequency by 250% of the 
emission bandwidth or less, we will permit a reduction of the 
measurement reference bandwidth below the mask reference bandwidth to a 
value not less than 1% of the emission bandwidth, or the next higher 
measurement bandwidth available. This will allow for more accurate 
emissions measurements just outside the edge of the emission bandwidth, 
which might otherwise be blurred by the contribution of much greater 
emissions within the emission bandwidth. For measurements outside this 
range, we will use the International Telecommunication Union (ITU) 
guidelines of a 100 kHz resolution bandwidth for systems operating on 
frequencies below 1 GHz and a 1 MHz resolution bandwidth for systems 
operating on frequencies above 1 GHz. We realize that this may create a 
situation where the emissions mask reference bandwidth stated in the 
rule is less than the measurement resolution bandwidth. If this occurs, 
there could be some blurring of spectral spikes that might otherwise be 
detected. We believe that the benefits of simplification and 
standardization outweigh the potential for such effects to result in 
interference to adjacent channels. Further, to protect adjacent channel 
operations, we will require that the emission mask attenuation 
requirement be corrected to decrease with the ratio of measurement 
resolution bandwidth to mask reference bandwidth, i.e., by a factor of 
10 log10(Bres/Bref), where 
Bres is the measurement resolution bandwidth and 
Bref is the emissions mask reference bandwidth in the rule. 
Finally, we note that the analog FM emission mask does not specify a 
mask reference bandwidth, which, in conjunction with the measurement 
resolution bandwidth, could be used to calculate the correction. 
However, it is the policy of the Commission's Laboratory Division, 
which approves equipment authorizations, to require the use of a mask 
reference bandwidth of 100 kHz for this mask. Accordingly, we have 
amended the analog FM emission mask for part 74 TV and aural BAS to 
reflect a 100 kHz emission mask reference bandwidth.

Automatic Transmit Power Control

    16. Automatic transmit power control (ATPC) is a function that 
provides for more efficient spectrum use by ensuring that the 
transmitter only uses the power necessary to maintain reliable 
communications. Radios that use ATPC operate with certain power levels 
during normal propagation conditions. When the receiver detects a drop 
in received signal level, due to multipath or a rain fade, for example, 
the receiver sends a signal to the transmitter to gradually increase 
power. When the received signal level begins to rise, the receiver 
sends a signal to the transmitter to reduce power. By operating in this 
manner, interference levels into nearby microwave paths are reduced and 
more frequencies can be coordinated and used in any given geographic 
area. Additionally, by keeping signal levels low, ATPC reduces power 
consumption of the radio, which lowers operating costs and increases 
equipment reliability.
    17. As proposed in the NPRM, we will permit TV BAS, aural BAS, and 
CARS licensees to use ATPC, and we encourage using TIA TSB 10-F 
guidelines. While the benefits of using ATPC for BAS may not be as 
great in other services because BAS generally uses one-way, rather than 
two-way, communications, the benefits can still be significant. For 
those stations using two-way communications, ATPC will permit more 
systems to be frequency coordinated, thus promoting the maximum 
utilization of spectrum. With respect to TIA TSB 10-F, we recognize the 
value of standardized, industry-wide frequency coordination guidelines.

Interference to Geostationary Satellites

    18. We have adopted our proposal to consolidate in part 101 any 
parts 74 and 78 technical rules that pertain to protecting 
geostationary satellites from interference from terrestrial systems. 
This action will decrease redundancy in our rules and ensure that 
future changes to GSO protection requirements are consistent across 
affected services. In this connection, we have updated the frequencies 
listed in Sec.  101.145(b) and (c) to encompass the BAS and CARS bands 
subject to RF radiation limits directed towards satellites. We note 
that this will result in the addition of the frequency

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band 6875-7075 MHz to Sec.  101.145(b) and the frequency band 12.75-
13.25 GHz to Sec.  101.145(c). We are removing Sec.  78.105(a)(4), 
which restricts CARS antenna orientation to prevent interference to GSO 
satellites in the 12.70-12.75 GHz band, as these protections are 
redundant with those afforded by Sec.  78.106(b) for the larger 12.70-
13.25 GHz band.

Frequency Coordination

    19. We adopted frequency coordination procedures for all TV and 
aural BAS and CARS frequency bands. The rules adopted in the R&O will 
require all fixed stations, except for those in the 1990-2110 MHz band, 
to use the frequency coordination procedures of Sec.  101.103(d). For 
mobile BAS and CARS, we will maintain the use of Sec.  101.103(d) 
procedures in those bands where it is currently required (i.e., 6425-
6525 MHz and 17.7-19.7 GHz) and flexibly permit use of Sec.  101.103(d) 
or local coordination procedures for the 2450-2483.5 MHz, 6875-7125 
MHz, and 12,700-13,250 MHz bands. For all other mobile BAS and CARS 
stations, we will continue to allow mobile stations to coordinate 
locally. In the 1990-2110 MHz band, we will maintain the current system 
which allows for local coordination of all stations. The rules will be 
applied uniformly across the United States for both urban and rural 
environments.
    20. For the 1990-2110 MHz band, we will continue to maintain 
procedures which allow for local frequency coordination for all 
stations `` fixed and mobile. In this band, we deviate from the policy 
articulated above for fixed stations based on unique circumstances of 
this band. Specifically, it is used predominantly by mobile TV pickup 
stations, but also supports some fixed links and it is currently 
transitioning to accommodate MSS in the 1990-2025 MHz portion of the 
band. Because each area of the United States may transition to MSS at 
different times, local frequency coordinators may be in the best 
position to accommodate requests to local operating conditions. We have 
adopted changes to Sec. Sec.  74.638 and 78.36 which supplement local 
frequency coordination procedures for fixed systems to require the 
submission of a certification attesting that all co-channel and 
adjacent-channel licensees and applicants potentially affected by the 
proposed fixed use of the frequencies have been notified and are in 
agreement that the proposed facilities can be installed without causing 
harmful interference to other users.
    21. An additional issue related to frequency coordination involves 
protection standards for stations. The NPRM discussed the importance of 
uniform frequency coordination procedures and standards to simplify 
coordination in shared bands and minimize the potential of stations 
causing interference. In this regard, the procedures in part 101 have 
served the FS well in the past, providing a firm and uniform, yet 
adaptable, basis for engineering systems without harmful interference, 
while maximizing frequency re-use. Thus, we believe that these same 
procedures will similarly benefit BAS and CARS. We note that these 
criteria are consistent with those already in effect for all BAS and 
CARS operations in the 12.7-13.25 GHz band Therefore, we have adopted 
Sec.  101.105 interference criteria for use where Sec.  101.103(d) 
frequency coordination procedures apply to BAS and CARS.

Frequency Tolerance

    22. We have eliminated separate frequency tolerance requirements 
for base and mobile operations, and adopted a frequency tolerance of 
0.001% for fixed and mobile TV BAS equipment operating in the 2450-
2483.5 MHz band. We found that having consistent frequency tolerance 
requirements for both fixed and mobile transmitters will simplify 
frequency coordination and improve spectrum efficiency. Similarly, by 
adopting a frequency tolerance requirement, we will ensure that 
spectrally efficient equipment is used and, for example, in the 2450-
2483.5 MHz band, that the potential for adjacent channel interference 
is reduced. In that regard, to accommodate existing product lines in 
the 2450-2483.5 MHz band such as those of MRC, we will delay the 
effective date of the 0.001% tolerance in that band for two years. We 
found that this will accommodate MRC's existing product line, and 
strikes a balance between the benefits of spectrum efficiency afforded 
by a tighter tolerance and the indefinite accommodation sought by MRC 
for non-compliant product lines. Thus, we will grandfather existing 
equipment and equipment of current production lines exceeding the new 
0.001% tolerance in the 2450-2483.5 MHz band and authorized, via 
certification or verification, up to two years after the adoption of 
the Report and Order, and stations authorized to use such equipment 
pursuant to an application filed up to two years after the adoption of 
the Report and Order. However, any such non-conforming equipment 
replaced on or after two years after the adoption of the Report and 
Order must be replaced by conforming equipment.

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

    23. As proposed in the NPRM, we are updating Sec.  74.602(a) Note 2 
to implement, in accordance with the NGSO Order, 66 FR 7606, January 
24, 2001, expansions in mobile TV BAS and CARS pickup stations' use of 
the 13.15-13.2125 GHz band and the exclusion of NGSO FSS from that 
band. We note that the recent Optel Order 67 FR 43257, June 27, 2002, 
has rendered BAS pickup stations primary, and CARS stations, secondary 
to BAS pickup stations, in the 13.20-13.25 GHz band, and we have 
updated Sec.  74.602(a), Note 2, to reflect this status in the 13.20-
13.2125 sub-band. Consistent with these actions, we have also updated 
Sec.  78.18(1) with respect to CARS, and footnote NG53 to the Table of 
Frequency Allocations in Sec.  2.106. Further, we are grandfathering at 
their current status all fixed stations licensed in the 13.15-13.2125 
GHz band prior to the effective date of the rules in the Report and 
Order.

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

    24. We adopted the proposals in the NPRM to eliminate references to 
the 31.0-31.3 GHz and 38.6-40.0 GHz bands from BAS and CARS technical 
rules, and to grandfather BAS incumbents in the 38.6-40.0 GHz band. We 
note that the incumbent BAS licensees remain bound by the operational 
parameters specified on their current authorizations. We also clarify 
that, as stated in footnote US291 to the Table of Frequency 
Allocations, mobile BAS facilities in the 38.6-40.0 GHz band operate on 
a secondary basis with respect to stations operating in accordance with 
the Table of Frequency Allocations, which include Winstar's operations 
under part 101. In this connection, consistent with our actions 
removing references to the 38.6-40.0 GHz band from part 74, we are 
removing Auxiliary Broadcasting from that band in the Table of 
Frequency Allocations. We are also removing footnote US291 from the 
Federal Government and Non-Federal Government columns of the table and 
replacing it with footnote NG175 in the Non-Federal Government column 
only, revised to show that the band is no longer available for BAS, and 
that incumbent mobile BAS operations licensed as of the effective date 
of the rules in the Report and Order are grandfathered and may continue 
to operate indefinitely on a secondary basis with respect to part 101 
licensees. We are revising Sec.  2.106, Table of Frequency Allocations, 
and part 74 of our rules.

[[Page 12748]]

BAS Service Rules (Part 74)

Temporary Conditional Authority

    25. The Commission proposed in the NPRM to allow BAS applicants who 
apply for new or modified stations to operate under temporary 
conditional authority after an application has been properly filed with 
the Commission. This type of operating authority is permitted in other 
coordinated services, such as those authorized under parts 90 and 101 
and Remote Pickup BAS. The Commission proposed to make such temporary 
conditional authority subject to the following conditions:
    [sbull] The applicant must be eligible to operate the particular 
class of broadcast auxiliary station.
    [sbull] 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.
    [sbull] The application does not propose operation in an area that 
requires international coordination.
    [sbull] The application does not request a waiver of the 
Commission's rules.
    [sbull] The proposed station will not significantly affect the 
environment as defined in part 1, subpart I of the Commission's rules.
    [sbull] The antenna structure either has a FCC Registration Number 
or is determined to not need one.
    [sbull] The proposed station affords protection to radio ``quiet'' 
zones and monitoring stations.
    The Commission also proposed to allow temporary conditional 
authority for low power auxiliary stations authorized under part 74, 
subpart H. To effectuate these changes, the Commission proposed to 
remove Sec.  74.431(g) and to adopt new Sec.  74.25 to allow temporary 
conditional authorizations for all broadcast auxiliary services. We 
find that providing BAS applicants with the ability to operate under 
temporary conditional authority is appropriate. We are removing Sec.  
74.431(g) and adopting a new Sec.  74.25 to allow temporary conditional 
authorizations for all broadcast auxiliary services.

Short Term Operation

    26. Section 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 secondary basis, for up to 720 hours per year, 
without prior authorization from the Commission, subject to providing 
notification to the local frequency coordinator, and to co-channel and 
adjacent channel CARS licensees. This rule section provides 
broadcasters with flexibility to respond to short term situations that 
occur outside of a station's normal operating area without coming to 
the Commission with requests for STA. However, the same flexibility is 
not afforded to broadcast network entities, cable network entities, or 
LPTV stations, even though these entities are eligible to hold BAS 
licenses. To promote consistent treatment of licensees with similar 
operations, we adopted our proposal to extend the short-term operation 
rules to broadcast network entities, cable network entities, and LPTV 
stations. This action will simplify the process for these entities when 
it is necessary to provide coverage of events outside of its normal 
coverage area. In addition, our proposal to codify rules and procedures 
for designating a coordinator for major special events was supported by 
commenters and is adopted as proposed with one clarification; we will 
specify in Sec.  74.24(g)(2)(i) that the initial request for such 
designation be made in writing. Such designations will be made by 
public notice which will include all necessary contact information. We 
will maintain the current limitation of 720 hours per year per 
frequency for short-term operation.
    27. Extending this rule to cover additional entities raises 
questions regarding compliance with the various station identification 
rules. Therefore, because broadcast network and cable network entities 
do not have individual station call signs for identification purpose, 
we will require them to use their network or cable entity name along 
with their base of operations city for compliance with the station 
identification rules. Using such a scheme will make it easy to identify 
the proper point of contact should a problem arise.

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

    28. We adopt, with some modification, our proposals with respect to 
the future use of UHF-TV channels by TV STLs, TV relay stations, and TV 
translator relay stations. We will permit these stations to obtain 
authorizations without submitting an engineering analysis so long as 
they meet the specified technical parameters--maximum EIRP of 35 dBW, 
maximum transmitting antenna beamwidth of 25 degrees, and use of 
vertical polarization. In addition, we will limit future licensing, 
beginning as of the effective date of the rules of the Report and 
Order, of TV STLs and TV relay stations to channels 14-51; current 
stations on channels 52-69 will be grandfathered under the terms of 
their current authorization until the end of the DTV transition or 
until new primary licensees require the removal of such operations. 
Finally, we will permit future licensing of TV translator relay 
stations on all UHF-TV channels 52-69 through the end of the DTV 
transition as long as harmful interference is not caused to new primary 
services.
    29. We decline to adopt any additional restrictions or review 
procedures which would unnecessarily burden licensees or the licensing 
process. We will however make a slight wording change to Sec.  
74.602(h)(1) to clarify that if any of the specified parameters are 
exceeded, an engineering analysis must accompany the application. We 
also point out that stations licensed under Sec.  74.602(h) are 
secondary and regardless of their operating parameters, must protect 
all primary stations using the UHF-TV spectrum, including land mobile 
stations.

TV BAS Sound Channels

    30. In the NPRM, the Commission stated that its understanding of 
current industry practice is for broadcasters to use multiplexing 
techniques, rather than separate sound channels, to transmit the aural 
portion and video portion of their programming over a single TV BAS 
channel. Therefore, the Commission proposed to eliminate Sec.  
74.603(b). Additionally, the Commission proposed to eliminate the 
corresponding provision of Sec.  74.502(b) that provides TV BAS 
licensees' authorization to use the aural BAS channels. The Commission 
also sought comment on whether it should remove Sec.  74.603(c), which 
provides grandfathering rights so that TV BAS stations could continue 
operating aural STL or relay stations that were in service prior to 
July 10, 1970. SBE, the only commenter on this issue, confirms the 
Commission's understanding of current industry practice and concurs 
with the proposals. Accordingly, we adopted the proposals to eliminate 
Sec. Sec.  74.603(b), 74.502(b), and 74.603(c).

Remote Pickup Broadcast Auxiliary Frequency Assignment

    31. The Commission amends the channel plan for 150 MHz and 160 MHz 
Remote Pickup stations to list channels every 7.5 kilohertz and allow 
licensees to stack up to four channels for a total of 30 megahertz. In 
addition, we will modify the Group N1 and N2 450 MHz channels to list 
channels every 6.25 kilohertz and allow licensees to stack up to eight 
channels for a total of 50

[[Page 12749]]

megahertz. We will also modify the Group P channels to list them every 
6.25 kHz and allow licensees to stack up to two channels. Further, we 
will require new Remote Pickup station equipment designed to operate on 
channels 30 kilohertz wide or less to comply with the part 90 technical 
standards, including emission mask, frequency tolerance, and transient 
frequency behavior. By harmonizing all RPU channels and equipment with 
the Part 90 PLMR channel plan, licensees will benefit from economies of 
scale resulting from the use of equipment consistent with part 90 
operations. Additionally, this will simplify station coordination and 
reduce the potential for harmful interference.
    32. To ease the transition to this new channel plan, we adopted our 
proposal to provide a three-year period for licensees operating on the 
channels adopted in 1984 to modify their licenses to the new channels. 
After three years, they may remain on their current channel 
assignments, but on a secondary, non-interference basis. Consistent 
with our action for the N1 and N2 channels we 
will also provide three years to licensees operating on the 10 
kilohertz P channels to modify their licensees to the new channel plan. 
After that time they may remain on their current channel assignment but 
on a secondary basis. This will provide for a smooth transition to the 
new channels where incumbent operations will not inhibit the growth of 
systems on the new frequency plan.

Federal Narrowbanding of 162-174 MHz Band Land Mobile Frequencies

    33. In accordance with the comments of SBE and our proposal, we 
amended the rules to require that existing and applied for Remote 
Pickup BAS facilities on 166.25 MHz and 170.15 MHz use no more than 
12.5 kilohertz channel bandwidth by January 1, 2005. This will apply to 
all stations on these frequencies that obtained licenses or applied for 
licenses on or before the effective date of the rules in this Report 
and Order. This approach will ensure that existing licensed stations 
and applicants who are planning stations on these frequencies have 
adequate time to transition to narrowband equipment. To further ease 
this transition, we will not require licensees to modify their 
licenses. Instead, the Commission will automatically issue a superseded 
license, effective January 1, 2005, showing the reduction in authorized 
bandwidth. Additionally, in the event that the January 1, 2005 deadline 
for Federal Government systems is extended, we will consider amending 
the rules to implement the extension for Non-Government systems on the 
166.25 MHz and 170.15 MHz frequencies as well. Stations applied for 
after the effective date of the rules in the Report and Order must 
comply with the 12.5 kilohertz channel bandwidth requirement. Rather 
than placing these requirements in footnote US11 as proposed, we will 
instead amend Sec.  74.462. This action is appropriate as it 
consolidates all Remote Pickup BAS service rules in one place.
    34. With respect to Remote Pickup BAS base stations operating as an 
integral part of the EAS, we are adopting a procedure recommended by 
NTIA to ensure that such stations will be protected Under this 
procedure NTIA will place a notation in the Government Master Frequency 
(GMF) database licensing record of these stations which will require 
Government stations to protect them from harmful interference. Thus, 
there is no need to amend footnote US11.

950 MHz Aural BAS Channel Splits

    35. The Report and Order in MM Docket 85-36, 50 FR 48596, November 
26, 1985, specified that the 950 MHz Aural BAS Channel Plan listed in 
Sec.  74.502(b) would become effective upon a future Order from the 
Commission to be issued when the licensing system was capable of 
accommodating this channel plan. With the implementation of ULS for 
licensing, we are implementing that rule section with this Report and 
Order.

Universal Licensing System and BAS

    36. The Universal Licensing System (ULS) is an automated licensing 
system and integrated database designed to provide greater efficiency 
in 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 ULS Report and 
Order, 63 FR 68904, December 14, 1998, consolidated the application and 
processing rules for all wireless services into Subpart F of Part 1, 
now the only rule section that wireless applicants and licensees, 
including BAS applicants and licensees, must consult regarding 
application procedures, such those as for amendments, modifications, 
and STAs. The Commission's WTB, which is responsible for licensing BAS, 
began using ULS for Aural and TV BAS licensing in August, 1999 and for 
Remote Pickup BAS in September, 2000. As a result, several BAS service 
rules require updating to reflect new ULS application processing 
procedures. Many of these changes, such as updating application form 
numbers, are ministerial in nature.

Applications Procedures and Construction Periods

    37. We have adopted the proposals from the NPRM regarding 
applications and STA filing procedures. We are amending Sec. Sec.  
1.901 and 1.902 to reference part 74 and are adding a new Sec.  74.6 to 
reference BAS applicants and licensees to the application and 
processing rules in part 1, subpart F. These changes will simplify our 
rules and result in processing efficiencies for BAS licensing. We 
observe that specific changes to the ULS system, including forms, 
affect multiple services. Thus, we lack adequate notice to all 
potentially affected services and we therefore decline to adopt changes 
to Form 601. We note that no commenter opposed the proposal with 
respect to STAs. Therefore, we are also adopting the proposals amending 
part 74 to require that BAS STA requests follow the procedures outlined 
in Sec.  1.931. We clarify that electronic filing is not required for 
STAs; they may be filed either electronically or manually.
    38. We have also adopted the proposed rule amendments to remove the 
construction requirements for BAS stations from part 73 and place them 
in a new Sec.  74.34. This approach will promote timely construction of 
facilities, ensure consistent construction requirements among the 
services, and prevent warehousing of spectrum. We note that the rules 
already require licensees to file a notification of completion of 
construction. Failure to file such a notification results in the 
termination of the license by the Commission.

Classification of Filings as Major or Minor

    39. The Commission proposed to amend the part 74 rules to adhere to 
the procedures adopted in the ULS proceeding for major and minor 
amendments and modifications; i.e., 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 Sec. Sec.  
1.929(a) and 1.929(d), and Remote Pickup BAS applications would follow 
the rules set forth in Sec. Sec.  1.929(a) and 1.929(c)(4). In many 
cases, the rules adopted in the ULS Report and Order, 63 FR 68904, 
December 14, 1998, provide more flexibility than is afforded BAS 
licensees under part 74. For example, Sec. Sec.  74.551 and 74.651 
require aural and TV BAS licensees to file an application

[[Page 12750]]

and obtain Commission approval for any change in which the location of 
the transmitting antenna changes, but Sec.  1.929(d)(1)(i) classifies 
changes in transmitting antenna location that are 5 seconds or less in 
latitude and/or longitude as minor. The proposal made in the NPRM would 
implement rule changes that treat BAS applicants in a consistent manner 
with the treatment given other wireless services.
    40. We have adopted our proposals to amend the part 74 rules so 
that BAS applicants and licensees are subject to the same rules as 
specified for the land mobile and microwave services for determining 
major and minor application and license changes. This action will align 
Remote Pickup BAS processing rules with those for similar services 
under part 90 and align the rules for TV and aural BAS with the rules 
for part 101. Thus, similar stations will be treated in a consistent 
manner.
    41. We note that changes in emissions, such as a conversion from 
analog to digital modulation or to composite analog/digital modulation, 
are already classified as major changes under the rules in Sec. Sec.  
1.929(c)(4)(ii) and (d)(1)(iv), and frequency coordination would be 
required when a major change is requested. With regard to location 
changes of less than 5 seconds in latitude and/or longitude, we note 
that the Commission in the ULS Reconsideration Order, 66 FR 53231, 
October 1, 1999, clarified that such minor changes are not exempt from 
the coordination requirement. The Commission explained that an 
applicant requesting a minor change must still coordinate as required 
by Sec.  101.103(d)(2)(ix) prior to implementing the change and that 
this process is sufficient to ensure that minor changes are properly 
coordinated to avoid harmful interference, without imposing an 
unnecessary filing burden on applicants. We find that this procedure 
will work equally well for part 74 services.

Emission Designators

    42. Section 74.462 of the Commission's rules specifies authorized 
emissions for Remote Pickup BAS frequencies and frequency bands. In the 
NPRM, the Commission observed that this section contains emission 
designators that no longer conform to current ITU specifications or to 
those contained in subpart C of part 2 of the Commission's rules in the 
NPRM the Commission proposed to update Sec.  74.462 to replace all 
outdated emission designators with emission designators that conform to 
ITU specifications and part 2 rules. We have adopted our proposal and 
updated the emission designators of Sec.  74.462.

AMPTP Petition

    43. Video assist devices produce low resolution images that can be 
used by a production crew to make decisions with respect to content, 
lighting, and image framing. Often, these video assist devices are 
connected via cable. However, cable is not always practical due to the 
distance from the camera to the video monitor or because the camera 
needs to be mobile to follow the action. To improve their utility and 
increase safety, the Commission, based on a petition filed by AMPTP on 
November 15, 1999, RM-9856, proposed 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.

Authorization of WAVDs

    44. We have adopted our proposal to allow the use of WAVDs on a 
secondary, non-interference basis on vacant upper VHF-TV and UHF-TV 
channels. In the NPRM, we proposed to authorize WAVDs as low power 
auxiliary stations under part 74, subpart H. We believe that this is 
the appropriate subpart in which to place WAVDs due to their similarity 
to existing low power auxiliary devices, rather than the Remote Pickup 
BAS rules. If after gaining experience with WAVDs, we determine that 
communications on television channels needs to be prioritized, we can 
revisit this issue.

Eligibility, Permitted Use, and Licensing of WAVDs

    45. As proposed in the NPRM, we have adopted our proposal to permit 
all entities eligible to hold part 74 licenses to use WAVDs. This 
includes television and motion picture producers. We have also adopted 
our proposal to restrict the use of WAVDs from use at live events or 
for ENG operations. We clarify that WAVDs may be used to produce cable, 
satellite, and motion picture events for later showing on television 
(through free over the air TV, cable TV systems, and satellite TV 
systems) or in theaters, but may not be used in the production of live 
events. Similarly, we have adopted our proposal that WAVDs be excluded 
from operating under the short-term operation rule. This will ensure 
that WAVDs are properly coordinated and television stations, notified, 
to ensure that the potential of these devices to interfere with 
television broadcasts is minimized.
    46. We have also adopted our proposal to require that WAVD stations 
be licensed prior to operating. Such licenses will be obtained through 
the ULS using FCC Form 601. In addition, consistent with our licensing 
of other low power auxiliary devices, WAVD licenses will normally be 
issued for a period of eight years and, for those held by a broadcast 
station, run concurrently with the license term of that station. For 
other license holders, the expiration date will be determined by the 
area of the country in which the station operates.
    47. We address the request of AMPTP to allow third party 
contractors to obtain WAVD licenses. AMPTP states that third party 
contractors may wish to operate and/or rent WAVDs to studios. We will 
not expand the eligibility for WAVD licenses to entities beyond those 
proposed. We stress that this does not preclude the operation of WAVDs 
by third party contractors. A party under contract to a television or 
motion picture producer may rent equipment and even operate it for the 
producer. However, such operation would be under the authority of the 
producer's license. This arrangement is consistent with rules in other 
services where entities are able to operate equipment under the 
authority of another entity's license. Based on our experience, we 
believe that this arrangement best promotes accountability and 
compliance with our rules.

Authorized Frequencies

    48. In light of the lack of comments on this issue, we have adopted 
our proposals regarding authorized frequencies as proposed in the NPRM. 
Accordingly, WAVDs may operate on unused television broadcast 
frequencies in the 180-210 MHz, 470-608 MHz and 614-698 MHz bands. As 
proposed, we will not allow WAVDs to operate in the 174-180 MHz and 
210-216 MHz bands (TV channels 7 and 13), in order to protect the Low 
Power Radio Service (LPRS), which supports auditory assistance devices 
and health care aids that operate pursuant to part 95 and other low 
power devices operating under Sec.  90.265 of our rules. In addition, 
this channel restriction will protect from interference the Navy's 
SPASUR radar system, which operates in the 216.88-217.08 MHz band. We 
find that given the amount of spectrum we are authorizing for WAVDs, 
these restrictions will have minimal impact on their ability to 
identify spectrum on which to operate.
    49. We adopt the proposal to exclude WAVDs from using land mobile 
radio channels in the 470-512 MHz band (TV channels 14-20) in areas 
around the coordinates listed in Sec.  90.303 because

[[Page 12751]]

nomadic WAVDs could not likely share spectrum with land mobile 
operations. We also adopt the proposal to require WAVDs to maintain at 
least 6 megahertz frequency separation from such land mobile channels 
when operating within these areas. This frequency and geographic 
separation is necessary to protect public safety land mobile use, which 
in the 470-512 MHz private land mobile bands could occur on any of the 
channels allocated in a given area. Therefore, all TV channels listed 
in Sec.  90.303 are excluded from WAVD use at the locations listed. As 
discussed in the NPRM, the band 482-488 MHz (TV channel 16) will also 
be excluded from WAVD use in the New York City area to protect New York 
City public safety entities which are using that spectrum under a 
waiver. Similarly, the band 476-494 MHz (TV channels 15-17) will be 
excluded from WAVD in areas near the Gulf of Mexico to protect the 
PLMRS and communication links in the ORS under part 22 of our rules. 
Communications with mobile stations under these rules are generally 
limited to stations within the Gulf (e.g., stations on boats or 
aircraft) or to stations on the shore. Finally, WAVDs will be excluded 
from the band 488-494 MHz (TV channel 17) in areas near Hawaii to 
protect common carrier control and repeater stations for point-to-point 
inter-island communications.
    50. The frequencies on which we will exclude WAVD use are 
summarized in the following table. We reiterate that these exclusions 
will not prevent WAVDs from operating on channels listed in the table 
when WAVDs are a sufficient distance from the cities listed in the 
following table.

----------------------------------------------------------------------------------------------------------------
               Area                      Excluded frequencies (MHz)                  Excluded  channels
----------------------------------------------------------------------------------------------------------------
Boston, MA.......................  470-494...............................  14-17
Chicago, IL......................  470-488...............................  14-16
Cleveland, OH (WAVDs may operate   470-494...............................  14-17
 until further order from the
 Commission).
Dallas/Fort Worth, TX............  476-494...............................  15-17
Detroit, MI (WAVDs may operate     470-494...............................  14-17
 until further order from the
 Commission).
Hawaii...........................  488-494...............................  17
Houston, TX......................  482-500...............................  16-18
Los Angeles, CA..................  470-494, 500-518......................  14-17, 19-21
Miami, Fl........................  470-482...............................  14-15
New York/ N.E. New Jersey........  470-494...............................  14-17
Philadelphia, PA.................  494-518...............................  18-21
Pittsburgh, PA...................  470-482, 488-506......................  14-15, 17-19
San Francisco/Oakland, CA........  476-500...............................  15-18
Washington DC/MD/VA..............  482-506...............................  16-19
----------------------------------------------------------------------------------------------------------------

    51. Finally, as proposed in the NPRM, we will exclude WAVDs from 
operating in the 608-614 MHz band (TV channel 37) to protect radio 
astronomy operations in that band. This exclusion is consistent with 
the Table of Allocations in part 2 of our rules, which specifies that 
no stations will be authorized to transmit in that band. We also note 
we have recently authorized the use of medical telemetry in the 608-614 
MHz band, and this exclusion will also protect those operations. 
Finally, WAVDs will not be allowed to use channels above 698 MHz 
(channel 51) in the UHF-TV band due to a recent spectrum reallocation 
of those channels to uses other than broadcasting. We find that these 
exclusions are justified to protect existing operations in these bands.

Technical and Operational Requirements

    52. The NPRM proposed conservative technical and operational 
requirements to allow WAVDs to operate without harming other 
operations. Specifically, the NPRM proposed: (1) To limit the ERP of 
WAVDs to 250 milliwatts (mW); (2) to require that the transmitting 
devices use a permanently attached antenna; (3) to allow WAVDs 
bandwidths of up to 6 megahertz, limited to transmitting on a single TV 
channel (i.e., WAVD transmissions may not overlap the TV channel edge); 
(4) to use the same emission limitations being proposed for other TV 
BAS transmitters in this proceeding; (5) to authorize WAVD transmitters 
under the certification procedures of part 2 of our rules; (6) to 
require WAVDs to maintain a 129 km separation distance from TV 
broadcasting stations operating on the same frequency and a 200 km 
separation distance from cities where land mobile operations are 
authorized; (7) to require WAVD operators to achieve prior 
notification, rather than coordination, with the local broadcast 
coordinator or any adjacent channel TV station within 161 km of each 
intended WAVD operation at least 10 business days in advance of 
operation; (8) that WAVD licensees be subject to the station 
identification requirements of Sec.  74.882; and (9) that manufacturers 
include certain information in the product literature that is included 
with WAVDs to indicate the requirements for using these devices.
    53. The various technical and operational requirement proposals for 
WAVDs set forth in the NPRM were designed to protect other users of the 
TV bands without unnecessarily hindering WAVD operations. Most of these 
were unopposed, and we will adopt them as proposed. Specifically, we 
have adopted the ERP limit of 250 mW, the bandwidth limit of 6 
megahertz on a single TV channel, the requirement to meet the same 
emissions limitations as other part 74 transmitters, part 2 
certification procedures for WAVD transmitters, the proposed separation 
distances from TV and land mobile stations, the requirement that WAVD 
licensees follow the station identification requirements of Sec.  
74.882; and the requirement that manufacturers include certain 
information in their product literature.
    54. With respect to the antenna issue raised by commenters, we 
agree with SBE that the use of unintended antennas should be avoided 
because they could increase the interference potential. We also agree 
with AMPTP that a permanently attached antenna may result in increased 
repair costs. We believe that a reasonable compromise between these 
positions exists. We note that our part 15 rules contain a provision 
allowing either permanently attached antennas or devices with unique 
couplings to permit antennas to be more easily repaired. This has 
worked well in the preventing unintended antennas from being attached 
to low power unlicensed devices and we believe a similar requirement 
would work here. Accordingly, we have adopted a

[[Page 12752]]

requirement that WAVDs contain a permanently attached antenna or 
contain a unique connector that allows for easy antenna repair while 
preventing the use of unauthorized antennas.
    55. We believe that notification is more appropriate than full 
coordination for WAVDs. We take this position based on the low ERP, 
limited range, and non-interference status of WAVDs. In addition, 
because WAVDs may be used at multiple locations in support of a 
production, notification will be less burdensome than coordination for 
both the WAVD licensee and the coordinator while still providing 
adequate protection to broadcast transmissions. In this connection, 
have adopted our proposal to consider the absence of a response from a 
coordinator after ten business days have passed as an approval. Once 
the WAVD operator has made reasonable attempts to notify the BAS 
coordinator or appropriate TV stations, we find that failure of these 
entities to respond to the WAVD operator approval is an insufficient 
basis to delay use of WAVDs. We find that this approach strikes a 
reasonable balance between the requirements of producers and the needs 
of the coordinator to study notifications and respond to operators as 
necessary. We will require WAVD licensees to notify, for informational 
purposes only, nearby co-channel and adjacent channel TV stations 
(i.e., those stations within 161 km of the WAVD location). As stated, 
this will be informational only and television stations will not be 
able to prevent a WAVD from operating. However, this informational 
notification may help identify the source of interference if any is 
experienced after a WAVD begins operating. We have adopted all other 
aspects of the notification proposal as proposed in the NPRM.

Final Regulatory Flexibility Analysis

    56. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Propose Ruled Making, Revisions to 
Broadcast Auxiliary Service Rules in Part 74 and Conforming Technical 
Rules for Broadcast Auxiliary Service, Cable Television Relay Service 
and Fixed Services in Parts 74, 78 and 101 of the Commission's 
Rules.\2\ The Commission sought written public comment on the proposals 
in the Notice, including comment on the IRFA. The comments received are 
discussed further. This present Final Regulatory Flexibility Analysis 
(FRFA) conforms to the RFA.\3\
---------------------------------------------------------------------------

    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ See Notice of Proposed Rule Making, ET Docket No. 01-75, 16 
FCC Rcd 10556, 10601 (2001), 66 FR 28686, May 24, 2001.
    \3\ See 5 U.S.C. 604.
---------------------------------------------------------------------------

(A) Need for and Objective of the Report and Order

    57. The Report and Order updates the Broadcast Auxiliary Service 
(BAS) rules in part 74 and will permit increased compatibility between 
Broadcast Auxiliary Services, the Cable Television Relay Service 
(CARS), and Fixed Service Microwave (FS) systems operating on shared 
spectrum. Specifically, we permit TV and aural BAS stations to use any 
available digital modulation technique in all BAS frequency bands so 
that BAS stations can take advantage of the latest developments in 
technology and make smooth the transition to digital TV and digital 
radio; update BAS emission masks to facilitate the introduction of 
digital equipment and to provide consistency with emission masks used 
in part 101 of the rules; modify the equation used by BAS and CARS 
services for determining the maximum effective isotropic radiated power 
(EIRP) for short path lengths (this change eliminates the steep 
reduction in EIRP for BAS and CARS path lengths shorter than the 
minimum); allow BAS and CARS stations to use automatic transmit power 
control (ATPC) in order to facilitate more efficient spectrum use; 
update transmitter power rules for BAS and CARS services to provide 
EIRP limits for all frequency bands; require TV BAS and CARS services 
to prior coordinate their frequency use when using shared frequency 
bands to minimize the potential for harmful interference occurring when 
a new station begins transmitting. We also permit ``wireless assist 
video devices'' to operate on certain VHF and UHF TV spectrum, thereby 
increasing spectrum efficiency and promoting equipment, which will 
increase safety at production sites as well as lower film and 
television production costs. In addition, we update many other BAS 
rules and make minor rule changes to clarify or fix typographical 
errors in the existing rules.

(B) Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    58. In the Notice, the Commission performed an IRFA and asked for 
comments that specifically addressed issues raised in the IRFA. No 
parties filed comments directly in response to the IRFA. However, 
commenters made recommendations regarding channel splitting, and the 
Commission, in response, is overlaying narrowband channels in various 
bands and is authorizing an effective date for channel splitting in the 
950 MHz aural BAS band.

(C) Description and Estimate of the Number of Entities Affected to 
Which Rules Will Apply

    59. 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 action taken.\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.\6\ 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).\7\ A small organization is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.'' \8\ Nationwide, as of 
1992, there were approximately 275,801 small organizations.\9\ Finally, 
``small governmental jurisdiction'' generally means ``governments of 
cities, counties, towns, townships, villages, school districts, or 
special districts, with a population of less than 50,000.'' \10\ As of 
1992, there were approximately 85,006 such jurisdictions in the United 
States.\11\ This number includes 38,978 counties, cities, and towns; of 
these, 37,566, or 96 percent, have populations

[[Page 12753]]

of fewer than 50,000.\12\ The United States Bureau of the Census 
(Census Bureau) estimates that this ratio is approximately accurate for 
all governmental entities. Thus, of the 85,006 governmental entities, 
we estimate that 81,600 (91 percent) are small entities.
---------------------------------------------------------------------------

    \4\ 5 U.S.C. 603(b)(3).
    \5\ Id., 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\ Small Business Act, 15 U.S.C. 632.
    \8\ 5 U.S.C. 601(4).
    \9\ 1992 Economic Census, U.S. Bureau of the Census, Table 6 
(special tabulation of data under contract to Office of Advocacy of 
the U.S. Small Business Administration).
    \10\ 5 U.S.C. 601(5).
    \11\ U.S. Dept. of Commerce, Bureau of the Census, ``1992 Census 
of Governments.''
    \12\ Id.
---------------------------------------------------------------------------

    60. The rules adopted in the Report and Order affect licensees of 
BAS (Remote Pickup, aural, and television), CARS, and fixed microwave 
services. Additionally, they affect manufacturers of equipment that 
supports the BAS.

Broadcast Auxiliary Service (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 back to the stations). The 
Commission has not developed a definition of small entities specific to 
broadcast auxiliary licensees. The U.S. Small Business Administration 
(SBA) has developed small business size standards, as follows: (1) For 
TV BAS, we will use the size standard for Television Broadcasting, 
which consists of all such companies having annual receipts of no more 
than $12.0 million;\13\ (2) For Aural BAS, we will use the size 
standard for Radio Stations, which consists of all such companies 
having annual receipts of no more than $6 million;\14\ (3) For Remote 
Pickup BAS we will use the small business size standard for Television 
Broadcasting when used by a TV station and that for Radio Stations when 
used by such a station.

    \13\ 13 CFR 121.201, NAICS code 513120.
    \14\ Id. at NAICS code 513112.
---------------------------------------------------------------------------

    61. According to Census Bureau data for 1997, there were 906 
Television Broadcasting firms, total that operated for the entire 
year.\15\ Of this total, 734 firms had annual receipts of $9,999,999.00 
or less and an additional 71 had receipts of $10 million to 
$24,999,999.00.\16\ Thus, under this standard, the majority of firms 
can be considered small.
---------------------------------------------------------------------------

    \15\ U.S. Census Bureau, 1997 Economic Census, Subject Series: 
Information, ``Receipts Size of Firms Subject to Federal Income Tax: 
1997,'' Table 4, NAICS code 513120 (issued Oct. 2000).
    \16\ Id. The census data do not provide a more precise estimate.
---------------------------------------------------------------------------

    62. According to Census Bureau data for 1997, there were 4,476 
Radio Stations (firms), total, that operated for the entire year.\17\ 
Of this total 4,265 had annual receipts of $4,999,999.00 or less, and 
an additional 103 firms had receipts of $5 million to 
$9,999,999.00.\18\ Thus, under this standard, the great majority of 
firms can be considered small.
---------------------------------------------------------------------------

    \17\ Id. At NAICS code 513112.
    \18\ Id. The census data do not provide a more precise estimate.

Cable Antenna Relay Service (CARS) includes transmitters generally used 
to relay cable programming within cable television system distribution 
systems. The SBA has developed a small business size standard for Cable 
and other Program Distribution, which consists of all such companies 
having annual receipts of no more than $12.5 million.\19\ According to 
Census Bureau data for 1997, there were 1,311 firms within the industry 
category Cable and Other Program Distribution, total, that operated for 
the entire year.\20\ Of this total, 1,180 firms had annual receipts of 
$9,999,999.00 or less, and an additional 52 firms had receipts of $10 
million to $24,999,999.00.\21\ Thus, under this standard, the majority 
of firms can be considered small.
---------------------------------------------------------------------------

    \19\ Id. at NAICS code 513220.
    \20\ Id. at NAICS code 513220.
    \21\ Id. The census data do not provide a more precise estimate.

Fixed Microwave Services (FS) includes common carrier, private-
operational fixed, and broadcast auxiliary radio services. Presently 
there are approximately 22,015 common carrier fixed licensees and 
61,670 private operational-fixed licensees and broadcast auxiliary 
radio licensees in the microwave services. The SBA has developed a 
small business size standard for Cellular and other Wireless 
Telecommunications, which consists of all such companies having 1,500 
or fewer employees.\22\ According to Census Bureau data for 1997, there 
were 977 firms in this category, total, that operated for the entire 
year.\23\ Of this total, 965 firms had employment of 999 or fewer 
employees, and an additional 12 had employment of 1,000 employees or 
more.\24\ Thus, under this standard, virtually all firms can be 
considered small.
---------------------------------------------------------------------------

    \22\ 13 CFR 121.201, NAICS code 513322.
    \23\ U.S. Census Bureau, 1997 Economic Census, Subject Series: 
Information, ``Employment Size of Firms Subject to Federal Income 
Tax: 1997,'' Table 5, NAICS code 513310 (issued Oct. 2000).
    \24\ Id. The census data do not provide a more precise estimate 
of the number of firms that have employment of 1,500 or fewer 
employees; the largest category provided is ``Firms with 1,000 
employees or more.''
---------------------------------------------------------------------------

(D) Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements for Small Entities

    63. Under the rules adopted in the Report and Order, 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. Applicants for BAS 
stations must apply through the Wireless Telecommunications Bureau 
using the ULS, which was adopted by Report and Order in 1998. To comply 
with this system, our decisions in the Report and Order are consistent 
with the decisions reached in that Report and Order. Accordingly, we 
have eliminated requests made by letter if there is a standard 
application form that can be used instead, modified the rules defining 
major and minor changes to those used for fixed microwave systems, and 
eliminated the need to report transmitter output power and requiring 
that all stations comply with limits on effective isotropic radiated 
power. We also have changed 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.
    64. Additionally, we have conformed 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). 
Specifically, we have updated 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. We also have adopted for 
BAS equipment, emission limitations that are consistent with those 
already being used for fixed microwave stations. We also are generally 
requiring that all BAS applicants for fixed stations operating above 
944 MHz comply with the same frequency coordination guidelines in place 
for fixed microwave stations.
    65. 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. Also, with respect to BAS Remote Pickup stations, we are 
altering 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. Finally, as noted, we have allowed a new type 
of device to operate on certain VHF and UHF TV channels, wireless 
assist video devices. These devices will follow the existing

[[Page 12754]]

service rules for Low Power Auxiliary Stations, with minor 
exceptions.\25\
---------------------------------------------------------------------------

    \25\ See Report and Order, paragraphs 153, 154 and 155, supra.
---------------------------------------------------------------------------

(E) Steps Taken To Minimize the Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    66. 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.\26\
---------------------------------------------------------------------------

    \26\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    67. We have reduced burdens wherever possible. Our rules regarding 
the BAS would reduce burdens on small entities. First, we have 
simplified and expanded the opportunity for aural and TV BAS licensees 
to use digital modulation techniques in all of their allocated 
frequency bands. Currently, they can use these techniques only in a few 
bands and must file waiver requests and requests for special temporary 
authority (STA) to transmit digital signals in other bands. Our rules 
eliminate the need for these waivers and STAs, thus saving businesses 
the time it takes to prepare these requests and their associated filing 
fees. Second, we have altered the equation used to determine the 
allowable EIRP for short path lengths. Under our new rules, there will 
no longer be a large drop-off in allowable EIRP when the path length of 
a fixed station is slightly shorter than the minimum necessary for 
maximum power. The effect of this is to provide more flexibility in the 
way small entities design their systems. Because they will be able to 
use fewer sites, this has the effect of a reduction in the cost of a 
system. Third, we have allowed automatic transmit power control (ATPC). 
ATPC benefits 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.
    68. Many of our 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 receive 
instant feedback as to the correctness of that application because ULS 
will not accept the application for filing unless it is correct. If 
there are errors, ULS provided 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 one by computer. The overall effect is that applications 
are processed faster and licenses are issued sooner, thus allowing 
small entities to begin providing service in a more timely manner.
    69. We have also adopted rule amendments that conform rules for 
similar services that share spectrum. These are TV BAS, CARS, and the 
fixed microwave service. As a whole, these amendments 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.
    70. Additionally, we have adopted many other rule changes that will 
benefit small entities. We are requiring that fixed BAS systems prior 
coordinate their frequency use, which will ensure that systems operate 
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. Along with the 
frequency coordination requirement, we have extended the ability to 
operate under temporary conditional authority to all BAS frequency 
bands. This benefits small entities by allowing them to begin operating 
sooner. Further, we have extended 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 saves small 
entities the time and money that they would otherwise expend obtaining 
a license. Another change entails the Commission establishing technical 
requirements for operating TV STLs or TV relay stations on UHF-TV 
channels. This change permits applicants to know the requirements they 
must meet before applying for a license, thereby reducing the number or 
applications that must be returned by the Commission. Thus, small 
entities will benefit by having to respond to returned applications 
less often. We have also altered 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 rules change will benefit small entities 
by lowering equipment costs. Finally, we have permitted motion picture 
and television producers to operate new 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.
    71. 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 for fixed BAS systems, but found that this 
alternative would unnecessarily increase the potential of harmful 
interference. However, under our frequency coordination procedures, 
entities may self coordinate rather than paying a frequency 
coordinator. We will continue to examine alternatives in the future 
with the objectives of eliminating unnecessary regulations and 
minimizing significant economic impact on small entities.

(F) Report to Congress

    72. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, will send a copy of the Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act,\27\ In addition, the Commission will send a 
copy of the Report and Order, including this FRFA, to the Chief Counsel 
for Advocacy of the SBA.
---------------------------------------------------------------------------

    \27\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------

Ordering Clauses

    73. 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, the Report and Order and the 
rules specified are Adopted. The rules set forth will become effective 
April 16, 2003.

[[Page 12755]]

    74. Pursuant to 5 U.S.C. 553(d)(1) and 553(d)(3), the rules 
implementing digital modulation of BAS stations specified in the rules 
section, specifically Sec. Sec.  74.535 and 74.637 of the Commission's 
Rules, 47 CFR 74.535 and 74.637, became effective on October 30, 2002, 
adoption date of the Report and Order.

List of Subjects

47 CFR Part 1

    Administrative 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.

47 CFR Part 101

    Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 2, 73, 74, 78 and 101 
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, 255, 303(r), 309 
and 325(e).


    2. Section 1.901 is revised to read as follows:


Sec.  1.901  Basis and purpose.

    These rules are issued pursuant to the Communications Act of 1934, 
as amended, 47 U.S.C. 151 et seq. The purpose of these rules 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 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:


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. Amend Sec.  2.106 as follows:
    a. Revise pages 25, 26, 37, 38 and 76 of the Table.
    b. In the list of United States Footnotes, revise footnote US11 and 
remove footnote US291.
    c. In the list of non-Federal government footnotes, revise 
footnotes NG53 and NG115 and add footnote NG175.
    The additions and revisions read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

[[Page 12756]]

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[[Page 12757]]


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[[Page 12758]]


[GRAPHIC] [TIFF OMITTED] TR17MR03.002


[[Page 12759]]


[GRAPHIC] [TIFF OMITTED] TR17MR03.003


[[Page 12760]]


[GRAPHIC] [TIFF OMITTED] TR17MR03.004

BILLING CODE 6712-01-C

[[Page 12761]]

* * * * *

United States (US) Footnotes
* * * * *
    US11 The use of the frequencies 166.25 and 170.15 MHz may be 
authorized to non-Federal Government remote pickup broadcast base and 
land mobile stations and to non-Federal Government base, fixed and land 
mobile stations in the public safety radio services on the condition 
that harmful interference shall not be caused to present or future 
Federal Government stations in the band 162-174 MHz. Authorization on 
these frequencies shall be 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 are 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. The use of these frequencies by remote pickup 
broadcast stations shall not be authorized for locations within 150 
miles (241.4 km) of New York City; and use of these frequencies by the 
public safety radio services shall not be authorized except for 
locations within 150 miles of New York City.
* * * * *

Non-Federal Government (NG) Footnotes
* * * * *
    NG53 In the band 12.7-13.15 GHz, television pickup stations and 
CARS pickup stations shall be assigned channels on a co-equal basis and 
shall operate on a secondary basis to fixed stations operating in 
accordance with the Table of Frequency Allocations. In the band 13.15-
13.20 GHz, television pickup stations and CARS pickup stations shall be 
assigned channels on a primary co-equal basis within 50 kilometers of 
the television markets defined in 47 CFR 76.53. In the band 13.20-
13.2125 GHz, television pickup stations shall be assigned channels on a 
primary basis, and CARS fixed and pickup stations shall operate on a 
secondary basis to television broadcast auxiliary stations.
* * * * *
    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.
* * * * *
    NG175 Television pickup stations in the mobile services authorized 
to use frequencies in the band 38.6-40.0 GHz on or before April 16, 
2003, may continue to operate on a secondary basis to stations 
operating in accordance with the Table of Frequency Allocations.
* * * * *

PART 73--RADIO BROADCAST SERVICES

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

    Authority: 47 U.S.C. 154, 303, 3334, 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 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.  75.3533  [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 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 BROADCASTING 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), 336(h) and 554.


    13. Section 74.5 is amended by redesignating paragraphs (a)(4) 
through (a)(7) as paragraphs (a)(5) through (a)(8) and by 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''. (Sec. Sec.  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. Applicants for these stations may file 
either manually or electronically as specified in Sec. Sec.  1.913(b) 
and (d) 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 
will ordinarily be issued for a period of 8 years running concurrently 
with the

[[Page 12762]]

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.
* * * * *

    16. Section 74.24 is amended by revising the introductory text and 
paragraphs (a), (d), (f), (g), (i), (h)(1), and by removing the Note 
after 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, or, in the case of 
stations operated by broadcast network and cable network entities, by 
the network or cable entity's name and base of operations city.
    (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 herein, 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 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 an initial request, in writing, 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) Short-term operation of a remote pickup broadcast base station, 
a remote pickup automatic relay station, an aural broadcast STL 
station, an aural broadcast intercity relay station, a TV STL station, 
a TV intercity relay station or a TV translator relay station in the 
National Radio Quiet Zone, the Table Mountain Radio Receiving Zone, or 
near FCC monitoring stations is subject to the same advance 
notification procedures applicable to regular applications as provided 
for in Sec. Sec.  73.1030 and 74.12, except that inasmuch as short-term 
operation does not involve an application process, the provisions 
relating to agency objection procedures shall not apply. 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 subparts 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 conditions set forth 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 of this 
chapter 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;
    (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.

[[Page 12763]]

    (2) The station site does not 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 and the Commission must 
be notified 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: 
frequencies 26.07 MHz, 26.11 MHz, and 26.45 MHz, and frequencies listed 
in paragraphs (a)(4) and (c)(1) of this section shall 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, 
26.11, 26.13, 26.15, 26.17, 26.19, 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: Up to two of the following 6.25 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: 
450.00625 MHz, 450.0125 MHz, 450.01875 MHz, 450.025 MHz, 450.98125 MHz, 
450.9875 MHz, 450.99375 MHz, 455.00625 MHz, 455.0125 MHz, 455.01875 
MHz, 455.025 MHz, 455.98125 MHz, 455.9875 MHz, and 455.99375 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), 
(4), (5), and (10) 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) and (10) 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), (7), and (10) 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,

[[Page 12764]]

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.
    (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).
    (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).

    (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) 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 frequencies 166.25 MHz and 170.15 MHz is subject 
to the condition that harmful interference shall not be caused to 
present or future Government stations in the band 162-174 MHz and is 
also subject to the bandwidth and tolerance limitations and compliance 
deadlines listed in Sec.  74.462 of this part. Authorization on these 
frequencies shall be 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, or within 150 miles (241.4 km) of New York City.
    (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. Stations 
licensed or applied for before April 16, 2003, must comply with the 
channel plan by March 17, 2006, or may continue to operate on a 
secondary, non-interference basis.
    (10) Stations licensed or applied for before April 16, 2003, must 
comply with the channel plan by March 17, 2006, or may continue to 
operate on a secondary, non-interference basis.
    (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 74.403 is amended by revising the introductory text of 
paragraph (b) to read as follows:


Sec.  74.403  Frequency selection to avoid interference.

* * * * *
    (b) The following order of priority of transmissions shall be 
observed on all frequencies except frequencies 26.07 MHz, 26.11 MHz, 
and 26.45 MHz, and frequencies listed in Sec.  74.402(a)(4) and (c)(1):
* * * * *

    21. Section 74.431 is amended by removing and reserving paragraph 
(g) and by 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 test are also 
permitted on these stations, but the priority requirements of Sec.  
74.403(b) must be observed in such cases.

    22. Section 74.432 is amended revising paragraphs (b), (g) and (k) 
to read as follows:


Sec.  74.432  Licensing requirements and procedures.

* * * * *

[[Page 12765]]

    (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 of this part. 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.
* * * * *

    23. 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.
* * * * *

    24. 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).
* * * * *

    25. 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 Sec. Sec.  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).

    26. Section 74.462 is amended by revising paragraph (a), the table 
in paragraph (b), and the introductory text to paragraph (c), and 
removing paragraphs (e), (f), and (g) to read as follows:


Sec.  74.462  Authorized bandwidth and emissions.

    (a) Each authorization for a new remote pickup broadcast station or 
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 bandwidth       frequency
              Frequencies                         (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  Frequencies 25.87 to 153.3575
    26.07 to 26.47....................  20.......................               5   MHz: A3E, F1E, F3E, F9E.
    152.8625 to 153.3575 \3\..........  30/60....................            5/10
    160.860 to 161.400................  60.......................              10
    161.625 to 161.775................  30.......................               5
    166.25 and 170.15 \4\.............  12.5/25..................               5
    450.00625 to 450.025                .........................  ..............  Frequencies 160.860 to
    450.98125 to 450.99375............  .........................  ..............   455.950 MHz: A1A, A1B, A1D,
    455.00625 to 455.025..............  .........................  ..............   A1E, A2A, A2B, A2D, A2E,
    455.98125 to 455.99375............  Up to 12.5...............             1.5   A3E, F1A, F1B, F1D, F1E,
                                                                                    F2A, F2B, F2D, F2E, F3E, F9E
    450.03125 to 450.61875
    455.03125 to 455.61875............  Up to 25.................               5
    450.6375 to 450.8625
    455.6375 to 455.8625..............  25-50....................              10
    450.900, 450.950
    455.900, 455.950..................  50-100...................             35
----------------------------------------------------------------------------------------------------------------
\1\ Applies where F1A, F1B, F1D, F1E, F2A, F2B, F2D, F2E, F3E, or F9E emissions are used.
\2\ Stations operating above 450 MHz shall show a need for employing A1A, A1B, A1D, A1E, A2A, A2B, A2D, A2E,
  F1A, F1B, F1D, F1E, F2A, F2B, F2D, 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\ For stations licensed or applied for before April 16, 2003, the sum of the bandwidth of emission and
  tolerance on frequencies 166.25 MHz or 170.15 MHz shall not exceed 25 kHz, and such operation may continue
  until January 1, 2005. For new stations licensed or applied for on or after April 16, 2003, the sum of the
  bandwidth of emission and tolerance on these frequencies shall not exceed 12.5 kHz. For all remote pickup
  broadcast stations, the sum of the bandwidth of emission and tolerance on these frequencies shall not exceed
  12.5 kHz on or after January 1, 2005.


[[Page 12766]]

    (c) For emissions on frequencies above 25 MHz with authorized 
bandwidths up to 30 kHz, the emissions shall comply with the emission 
mask and transient frequency behavior requirements of Sec. Sec.  90.210 
and 90.214 of this chapter. For all other emissions, the mean power of 
emissions shall be attenuated below the mean output power of the 
transmitter in accordance with the following schedule:
* * * * *

    27. Section 74.464 is amended by revising the introductory text to 
the table to read as follows:


Sec.  74.464  Frequency tolerance.

    For operations on frequencies above 25 MHz using authorized 
bandwidths up to 30 kHz, the licensee of a remote pickup broadcast 
station or system shall maintain the operating frequency of each 
station in compliance with the frequency tolerance requirements of 
Sec.  90.213 of this chapter. For all other operations, the licensee of 
a remote pickup broadcast station or system shall maintain the 
operating frequency of each station in accordance with the following:
* * * * *

    28. Section 74.482 is amended by revising paragraphs (a) and (e) 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 of this 
part) 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.
* * * * *

    29. Section 74.502 is amended by revising paragraphs (b) 
introductory text, (c)(1)(ii), and (d) 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 in the 
following Table. The channel, will be assigned by its center frequency, 
channel bandwidth, and emission designator. The following frequencies 
are the centers of individual segments. When stacking an even number of 
segments, the center frequency specified will deviate from the 
following frequencies 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 following 
frequencies.
* * * * *
    (c) * * *
    (1) * * *
    (ii) Licensees may use either a two-way link or one frequency of a 
frequency pair for a one-way link.
* * * * *
    (d) For the coordination of all frequency assignments for fixed 
stations above 944 MHz, for each frequency authorized under this part, 
the interference protection criteria in Sec.  101.105(a), (b), and (c) 
of this chapter and the frequency usage coordination procedures of 
Sec.  101.103(d) of this chapter will apply.
* * * * *

    30. 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.

    31. 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 the following table. In cases of harmful interference, the 
Commission may, after notice and opportunity for hearing, order a 
change in the equivalent isotropically radiated power of this station.

------------------------------------------------------------------------
                                             Maximum Allowable \1\ EIRP
           Frequency band (MHz)                         (dBW)
------------------------------------------------------------------------
944 to 952................................  +40
17,700 to 18,600..........................  +55
18,600 to 19,700..........................  +35
------------------------------------------------------------------------
\1\ Stations licensed based on an application filed before April 16,
  2003, for EIRP values exceeding those specified above, may continue to
  operate indefinitely in accordance with the terms of their current
  authorizations, subject to periodic renewal.

    (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.

    32. Section 74.535 is amended by revising paragraphs (a), (b) and 
(d), removing paragraphs (e) and (f), and redesignating paragraph (g) 
as 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 (PMEAN) 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 in any 100 kHz reference bandwidth (BREF);
    (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 in any 100 kHz reference bandwidth;
    (iii) On any frequency removed from the assigned (center) frequency 
by more than 250% of the authorized bandwidth: At least 43+10 
log10 (PMEAN in watts) dB, or 80 dB, whichever is 
the lesser attenuation, in any 100 kHz reference bandwidth.
    (2) When using transmissions employing digital modulation 
techniques:

[[Page 12767]]

    (i) For operating frequencies below 15 GHz, in any 4 kHz reference 
bandwidth (BREF), 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(G - 50) + 10 Log10 B.

(Attenuation greater than 80 decibels is not required.)


Where:

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

    (ii) For operating frequencies above 15 GHz, in any 1 MHz reference 
bandwidth (BREF), 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(G - 50) + 10 Log10 B.

(Attenuation greater than 56 decibels is not required.)

    (iii) In any 4 kHz reference bandwidth (BREF), 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 (PMEAN 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 (PPEAK) 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 (PPEAK in watts) 
dB.
* * * * *
    (d) For purposes of compliance with the emission limitation 
requirements of this section:
    (1) If the transmitter modulates a single carrier, digital 
modulation techniques are considered as being employed when digital 
modulation occupies 50 percent or more of 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.
    (2) If the transmitter modulates two or more carriers, with at 
least one using digital modulation and one using frequency or other 
analog modulation, digital modulation techniques are considered as 
being employed when the necessary bandwidth of the digital signal(s) is 
50 percent or more of the aggregate bandwidth of the system, comprising 
the digital necessary bandwidth(s), the analog necessary bandwidth(s), 
and any bandwidth(s) between the digital and analog necessary 
bandwidths. In this case, the aggregate bandwidth shall be used for the 
authorized bandwidth (B) in paragraph (a) of this section, and for 
purposes of compliance with the bandwidth limitations in Sec.  74.502 
of this subpart; and the sum of the powers of the analog and digital 
signals shall be used for mean transmitter power (PMEAN) in 
paragraph (a) or the peak envelope transmitter power (PPEAK) 
in paragraph (b) of this section, and for purposes of compliance with 
the power limitations in Sec.  74.534 of this subpart.
    (3) For demonstrating compliance with the attenuation requirements 
for frequency modulation and digital modulation in paragraph (a) of 
this section, the resolution bandwidth (BRES) of the 
measuring equipment used for measurements removed from the center 
frequency by more than 250 percent of the authorized bandwidth shall be 
100 kHz for operating frequencies below 1 GHz, and 1 MHz for operating 
frequencies above 1 GHz. The resolution bandwidth for frequencies 
removed from the center frequency by less than 250 percent of the 
authorized bandwidth shall be the reference bandwidth (BREF) 
specified in the individual emission limitations, but may be reduced to 
not less than one percent of the authorized bandwidth (B), adjusted 
upward to the nearest greater resolution bandwidth available on the 
measuring equipment. In all cases, if BRES and 
BREF are not equal, then the attenuation requirement must be 
increased (or decreased) as determined by a factor of 10 
log10 [(BREF in megahertz)/(BRES in 
megahertz)] decibels, where a positive factor indicates an increase in 
the attenuation requirement and a negative factor indicates a decrease 
in the attenuation requirement.
    (4) Stations licensed pursuant to an application filed before March 
17, 2005, using equipment not conforming with the emission limitations 
specified above, may continue to operate indefinitely in accordance 
with the terms of their current authorizations, subject to periodic 
renewal. Existing equipment and equipment of product lines in 
production before April 16, 2003, authorized via certification or 
verification before March 17, 2005, for equipment not conforming to the 
emission limitations requirements specified above, may continue to be 
manufactured and/or marketed, but may not be authorized for use under a 
station license except at stations licensed pursuant to an application 
filed before March 17, 2005. Any non-conforming equipment authorized 
under a station license, and replaced on or after March 17, 2005, must 
be replaced by conforming equipment.
* * * * *


Sec.  74.536  [Amended]

    33. 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).

    34. 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.
* * * * *

[[Page 12768]]

    35. Section 74.551 is amended by revising paragraph (a) 
introductory text, removing paragraphs (b) and (c), and redesignating 
paragraph (d) as paragraph (b) to read as follows:


Sec.  74.551  Equipment changes.

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


Sec.  74.561  [Amended]

    36. Section 74.561 is amended by removing the entry for 31,000 to 
31,300 from the table.

    37. Section 74.602 is amended by revising paragraphs (a) 
introductory text, the channel boundaries for channel designation B03 
in the table of paragraph (a), footnote 2 of the table of paragraph 
(a), paragraphs (d), (f), (h), and (i) introductory text, and by 
removing and revising 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. 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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                    Band D \1\ GHz
                                                            --------------------------------------------------------------------------------------------
             Band A MHz                    Band B MHz                       Group A channels                              Group B channels
                                                            --------------------------------------------------------------------------------------------
                                                                   Designation         Channel boundaries        Designation         Channel boundaries
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
                                                                                                            B03                    12.7625-12.7875
 
                                                                     * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For fixed stations using Band D Channels, applicants are encouraged to use alternate A and B channels such that adjacent R.F. carriers are spaced
  12.5 MHz. As an example, a fixed station, relaying several channels, would use A01, B01, A02, B02, A03, etc.
\2\ The band 13.15--13.20 GHz is reserved for the assignment of CARS Pickup and Television Pickup stations on a primary co-equal basis within 50
  kilometers of the television markets defined in Sec.   76.53 of this chapter. The band 13.20--13.2125 GHz is reserved exclusively for the assignment
  of Television Pickup stations on a primary basis. Fixed stations licensed prior to April 16, 2003, may continue operation under their current status
  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 cable 
television 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 Sec.  74.602(a) Note 2. 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:
    (1) Applications for authorization in accordance with this 
paragraph must comply with the following technical limits or be 
accompanied by an engineering analysis demonstrating why these limits 
must be exceeded:
    (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.
    (2) 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.
    (3) TV STL and TV relay stations licensed for operation on UHF TV 
channels 52-69 based on applications filed before April 16, 2003, may 
continue to operate under the terms of their current authorizations 
until the end of transition to digital television in their market (DTV 
Transition), as set forth in Sec. Sec.  73.622 through 73.625 of this 
chapter. Applications for TV STL and TV relay stations operating on UHF 
TV channels 52-69 will not be accepted for filing on or after April 16, 
2003.
    (4) TV translator relay stations licensed for operation on UHF TV 
channels 52-59 based on applications filed before the end of DTV 
transition may continue to operate under the terms of their current 
authorizations indefinitely. TV translator relay stations licensed for 
operation on UHF TV channels 60-69 based on applications filed before 
the end of DTV transition may continue to operate under the terms of 
their current authorizations until the end of DTV Transition. 
Applications for TV translator relay stations operating on UHF TV 
channels 52-69 will not be accepted for filing on or after the end of 
DTV Transition.
    (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.
* * * * *

[[Page 12769]]

Sec.  74.603  [Amended]

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


Sec.  74.604  [Amended]

    39. Section 74.604 is amended by removing and reserving paragraph 
(a).

    40. 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. * * *
* * * * *

    41. 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.

    42. 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 television broadcast auxiliary 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 request is made including any particular justification.
* * * * *

    43. 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 the following table. 
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 following table. 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       Maximum allowable EIRP \2\
                                                                     allowable   -------------------------------
                                                                    transmitter
                      Frequency band (MHz)                             power
                                                                 ----------------   Fixed (dBW)    Mobile (dBW)
                                                                    Mobile (W)
----------------------------------------------------------------------------------------------------------------
2,025 to 2,110..................................................            12.0             +45             +35
2,450 to 2,483.5................................................            12.0             +45             +35
6,425 to 6,525..................................................            12.0  ..............             +35
6,875 to 7,125..................................................            12.0             +55             +35
12,700 to 13,250................................................             1.5             +55             +45
17,700 to 18,600................................................  ..............             +55  ..............
18,600 to 18,800 \1\............................................  ..............             +35  ..............
18,800 to 19,700................................................  ..............             +55  ..............
----------------------------------------------------------------------------------------------------------------
\1\ The power delivered to the antenna is limited to -3 dBW.
\2\ Stations licensed based on an application filed before April 16, 2003, for EIRP values exceeding those
  specified above, may continue to operate indefinitely in accordance with the terms of their current
  authorizations, subject to periodic renewal.

    (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.

    44. 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 (PMEAN) in accordance with the following 
schedule:

[[Page 12770]]

    (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 in any 100 kHz reference bandwidth (BREF);
    (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 in any 100 kHz reference bandwidth;
    (iii) On any frequency removed from the assigned (center) frequency 
by more than 250% of the authorized bandwidth: At least 43+10 
log10 (PMEAN in watts) dB, or 80 dB, whichever is 
the lesser attenuation, in any 100 kHz reference bandwidth.
    (2) When using transmissions employing digital modulation 
techniques:
    (i) For operating frequencies below 15 GHz, in any 4 kHz reference 
bandwidth (BREF), 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 (G - 50) + 10 Log10 B.

(Attenuation greater than 80 decibels is not required.)

Where:

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

    (ii) For operating frequencies above 15 GHz, in any 1 MHz reference 
bandwidth (BREF), 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 (G-50) + 10 Log10 B.

(Attenuation greater than 56 decibels is not required.)

    (iii) In any 4 kHz reference bandwidth (BREF), 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 (PMEAN 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 (PPEAK) 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 (PPEAK in watts) 
dB.
    (c) For purposes of compliance with the emission limitation 
requirements of this section:
    (1) If the transmitter modulates a single carrier, digital 
modulation techniques are considered as being employed when digital 
modulation occupies 50 percent or more of 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.
    (2) If the transmitter modulates two or more carriers, with at 
least one using digital modulation and one using frequency or other 
analog modulation, digital modulation techniques are considered as 
being employed when the necessary bandwidth of the digital signal(s) is 
50 percent or more of the aggregate bandwidth of the system, comprising 
the digital necessary bandwidth(s), the analog necessary bandwidth(s), 
and any bandwidth(s) between the digital and analog necessary 
bandwidths. In this case, the aggregate bandwidth shall be used for the 
authorized bandwidth (B) in paragraph (a) of this section, and for 
purposes of compliance with the bandwidth limitations in paragraph (g) 
of this section and in Sec.  74.602 of this subpart; and the sum of the 
powers of the analog and digital signals shall be used for mean 
transmitter power (PMEAN) in paragraph (a) or the peak 
envelope transmitter power (PPEAK) in paragraph (b) of this 
section, and for purposes of compliance with the power limitations in 
Sec.  74.636 of this subpart.
    (3) For demonstrating compliance with the attenuation requirements 
for frequency modulation and digital modulation in paragraph (a) of 
this section, the resolution bandwidth (BRES) of the 
measuring equipment used for measurements removed from the center 
frequency by more than 250 percent of the authorized bandwidth shall be 
100 kHz for operating frequencies below 1 GHz, and 1 MHz for operating 
frequencies above 1 GHz. The resolution bandwidth for frequencies 
removed from the center frequency by less than 250 percent of the 
authorized bandwidth shall be the reference bandwidth (BREF) 
specified in the individual emission limitations, but may be reduced to 
not less than one percent of the authorized bandwidth (B), adjusted 
upward to the nearest greater resolution bandwidth available on the 
measuring equipment. In all cases, if BRES and 
BREF are not equal, then the attenuation requirement must be 
increased (or decreased) as determined by a factor of 10 
log10 [(BREF in megahertz)/(BRES in 
megahertz)] decibels, where a positive factor indicates an increase in 
the attenuation requirement and a negative factor indicates a decrease 
in the attenuation requirement.
    (4) Stations licensed pursuant to an application filed before March 
17, 2005, using equipment not conforming with the emission limitations 
specified above, may continue to operate indefinitely in accordance 
with the terms of their current authorizations, subject to periodic 
renewal. Existing equipment and equipment of product lines in 
production before April 16, 2003, authorized via certification or 
verification before March 17, 2005, for equipment not conforming to the 
emission limitations requirements specified above, may continue to be 
manufactured and/or marketed, but may not be authorized for use under a 
station license except at stations licensed pursuant to an application 
filed before March 17, 2005. Any non-conforming equipment authorized 
under a station license, and replaced on or after March 17, 2005, must 
be replaced by conforming equipment.
* * * * *

    45. Section 74.638 is revised to read as follows:


Sec.  74.638  Frequency coordination.

    (a) Coordination of all frequency assignments for fixed stations in 
all

[[Page 12771]]

bands above 2110 MHz, and for mobile (temporary fixed) stations in the 
bands 6425-6525 MHz and 17.7-19.7 GHz, 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. Coordination of all frequency assignments for all mobile 
(temporary fixed) stations in all bands above 2110 MHz, except the 
bands 6425-6525 MHz and 17.7-19.7 GHz, will be conducted in accordance 
with the procedure established in paragraph (b) of this section or with 
the procedure in paragraph (d) of this section. Coordination of all 
frequency assignments for all fixed stations in the band 1990-2110 MHz 
will be in accordance with the procedure established in paragraph (c) 
of this section. Coordination of all frequency assignments for all 
mobile (temporary fixed) stations in the band 1990-2110 MHz will be 
conducted in accordance with the procedure in paragraph (d) of this 
section.
    (b) Frequency coordination for all fixed stations in all bands 
above 2110 MHz, and for all mobile (temporary fixed) stations in the 
bands 6425-6525 MHz and 17.7-19.7 GHz. For each frequency authorized 
under this part, the interference protection criteria in Sec.  
101.105(a), (b), and (c) of this chapter and the frequency usage 
coordination procedures in Sec.  101.103(d) of this chapter will apply, 
except that only stations in the bands 6425-6525 MHz and 17.7-19.7 GHz 
are subject to the provision in Sec.  101.103(d) requiring compliance 
with Sec.  101.21(f) of this chapter in coordinating frequency usage 
with stations in the fixed satellite service.
    (c) Frequency coordination for all fixed stations in the band 1990-
2110 MHz. For each frequency authorized under this part, the following 
frequency usage coordination procedures will apply:
    (1) General requirements. Applicants are responsible for selecting 
the frequency assignments that are least likely to result in mutual 
interference with other licensees in the same area. Applicants may 
consult local frequency coordination committees, where they exist, for 
information on frequencies available in the area. Proposed frequency 
usage must be coordinated with existing licensees and applicants in the 
area 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, 
for major amendment to a pending application, or for major modification 
to a license.
    (2) To be acceptable for filing, all applications for regular 
authorization, or major amendment to a pending application, or major 
modification to a license, must include a certification attesting that 
all co-channel and adjacent-channel licensees and applicants 
potentially affected by the proposed fixed use of the frequency(ies) 
have been notified and are in agreement that the proposed facilities 
can be installed without causing harmful interference to those other 
licensees and applicants.
    (d) Frequency coordination for all mobile (temporary fixed) 
stations in all bands above 1990 MHz, except the bands 6425-6525 MHz 
and 17.7-19.7 GHz. For each frequency authorized under this part, 
applicants are responsible for selecting the frequency assignments that 
are least likely to result in mutual interference with other licensees 
in the same area. Applicants may consult local frequency coordination 
committees, where they exist, for information on frequencies available 
in the area. In selecting frequencies, consideration should be given to 
the relative location of receive points, normal transmission paths, and 
the nature of the contemplated operation.

    46. Section 74.641 is amended by revising the introductory text of 
paragraph (a), removing the entry for 31,000 to 31,300 and footnotes 2 
and 3 from the table in paragraph (a)(1), revising paragraphs (a)(5), 
and the introductory text of paragraph (b) 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 
herein stated.
    (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:
* * * * *

    47. 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.

    48. 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 1,990..................................................        n/a
1,990-7,125..................................................         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 1 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.


    Note 2 to Paragraph (b): Stations licensed based on an 
application filed before April 16, 2003, in the 2450-2483.5 MHz 
band, for EIRP values exceeding those specified above, may continue 
to operate indefinitely in accordance with the terms of their 
current authorizations, subject to periodic renewal.

* * * * *

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


Sec.  74.651  Equipment changes.

    (a) Modifications may be made to an existing authorization in 
accordance with Sec. Sec.  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.
* * * * *

[[Page 12772]]

Sec.  74.655  [Amended]

    50. Section 74.655 is amended by removing the last sentence of 
paragraph (a).

    51. Section 74.661 is amended by revising the table to read as 
follows:


Sec.  74.661  Frequency tolerance.

* * * * *

------------------------------------------------------------------------
                                                              Frequency
                   Frequency band  (MHz)                      tolerance
                                                                 (%)
------------------------------------------------------------------------
2,025 to 2,110.............................................    \1\ 0.005
2,450 to 2,483.5...........................................    \2\ 0.001
6,425 to 6,525.............................................        0.005
6,875 to 7,125.............................................    \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%.
\2\ Stations licensed pursuant to an application filed before March 17,
  2005, for tolerance values exceeding those specified above, may
  continue to operate indefinitely in accordance with the terms of their
  current authorizations, subject to periodic renewal. Existing
  equipment and equipment of product lines in production before April
  16, 2003, authorized via certification or verification before March
  17, 2005, for tolerance values exceeding those specified above, may
  continue to be manufactured and/or marketed, but may not be authorized
  for use under station license except at stations licensed pursuant to
  an application filed before March 17, 2005. Any non-conforming
  equipment authorized under a station license, and replaced on or after
  March 17, 2005, must be replaced by conforming equipment.


    52. 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 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.

    53. 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)
* * * * *

    54. 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.
* * * * *

    55. 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.
* * * * *

    56. 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 bands 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 table 
below, operation is prohibited within the distances indicated from the 
listed geographic coordinates.

    Note to the following table: 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  ........  ...........

[[Page 12773]]

 
                                        ................................  ................................      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  ........  ...........
                                        ................................  ................................      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. Wireless video assist 
devices must comply with the emission limitations of Sec.  74.637.
    (e) The antenna of a wireless video assist device must be attached 
to the transmitter either permanently, or by means of a unique 
connector designed to allow replacement of authorized antennas but 
prevent the use of unauthorized antennas. 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)(i) Failure of a local coordinator to respond to a notification 
request prior to

[[Page 12774]]

the intended dates of operation indicated on the request will be 
considered as having the approval of the coordinator. In this case, 
licensees must in addition notify all co-channel and adjacent channel 
TV stations within 161 km (100 mi) of the proposed operating area. This 
notification is for information purposes only and will not enable TV 
stations to prevent a WAVD from operating, but is intended to help 
identify the source of interference if any is experienced after a WAVD 
begins operation.
    (ii) If there is no local coordinator in the intended area of 
operation, failure of any adjacent channel TV station 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 TV 
station.
    (4) Licensees must operate in a manner consistent with the response 
of the local coordinator, or, if there is no local coordinator in the 
intended area of operation, the responses of the adjacent channel TV 
stations. Disagreements may be appealed to the Commission. However, in 
those instances, the licensee will bear the burden of proof and 
proceeding to overturn the recommendation of the local coordinator or 
the co-channel or adjacent channel TV station.
    (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.

    57. 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 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 provide by this rule, licensees 
are expected too act in a responsible manner to assure that result.

PART 78--CABLE TELEVISION RELAY SERVICE

    58. 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.


    59. Section 78.18 is amended by revising paragraph (l) to read as 
follows:


Sec.  78.18  Frequency assignments.

* * * * *
    (l) The band 13.15-13.20 GHz is reserved for the assignment of CARS 
Pickup and Television Pickup stations on a primary co-equal basis 
within 50 kilometers of the television markets defined in Sec.  76.53 
of this chapter. The band 13.20-13.2125 GHz is reserved exclusively for 
the assignment of Television Pickup stations on a primary basis. Fixed 
stations licensed prior to April 16, 2003, may continue operation under 
their current status on channels in the 13.15-13.2125 GHz band, subject 
to periodic license renewals.
* * * * *

    60. Section 78.36 is revised to read as follows:


Sec.  78.36  Frequency coordination.

    (a) Coordination of all frequency assignments for fixed stations in 
all bands above 2110 MHz, and for mobile (temporary fixed) stations in 
the bands 6425-6525 MHz and 17.7-19.7 GHz, 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. Coordination of all frequency assignments for all mobile 
(temporary fixed) stations in all bands above 2110 MHz, except the 
bands 6425-6525 MHz and 17.7-19.7 GHz, will be conducted in accordance 
with the procedure established in paragraph (b) of this section or with 
the procedure in paragraph (d) of this section. Coordination of all 
frequency assignments for all fixed stations in the band 1990-2110 MHz 
will be in accordance with the procedure established in paragraph (c) 
of this section. Coordination of all frequency assignments for all 
mobile (temporary fixed) stations in the band 1990-2110 MHz will be 
conducted in accordance with the procedure in paragraph (d) of this 
section.
    (b) Frequency coordination for all fixed stations in all bands 
above 2110 MHz, and for all mobile (temporary fixed) stations in the 
bands 6425-6525 MHz and 17.7-19.7 GHz. For each frequency authorized 
under this part, the interference protection criteria in Sec.  
101.105(a), (b), and (c) of this chapter and 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 for stations in the bands 6425-6525 MHz 
and 17.7-19.7 GHz must also comply with the requirements of Sec.  
101.21(f). 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

[[Page 12775]]

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 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 therefore;
    (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.
    (c) Frequency coordination for all fixed stations in the band 1990-
2110 MHz. For each frequency authorized under this part, the following 
frequency usage coordination procedures will apply:

[[Page 12776]]

    (1) General requirements. Applicants are responsible for selecting 
the frequency assignments that are least likely to result in mutual 
interference with other licensees in the same area. Applicants may 
consult local frequency coordination committees, where they exist, for 
information on frequencies available in the area. Proposed frequency 
usage must be coordinated with existing licensees and applicants in the 
area 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, 
for major amendment to a pending application, or for major modification 
to a license.
    (2) To be acceptable for filing, all applications for regular 
authorization, or major amendment to a pending application, or major 
modification to a license, must include a certification attesting that 
all co-channel and adjacent-channel licensees and applicants 
potentially affected by the proposed fixed use of the frequency(ies) 
have been notified and are in agreement that the proposed facilities 
can be installed without causing harmful interference to those other 
licensees and applicants.
    (d) Frequency coordination for all mobile (temporary fixed) 
stations in all bands above 1990 MHz, except the bands 6425-6525 MHz 
and 17.7-19.7 GHz. For each frequency authorized under this part, 
applicants are responsible for selecting the frequency assignments that 
are least likely to result in mutual interference with other licensees 
in the same area. Applicants may consult local frequency coordination 
committees, where they exist, for information on frequencies available 
in the area. In selecting frequencies, consideration should be given to 
the relative location of receive points, normal transmission paths, and 
the nature of the contemplated operation.

    61. Section 78.101 is amended by revising the table in paragraph 
(a) and adding paragraph (c) to read as follows:


Sec.  78.101  Power limitations.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                      Maximum         Maximum allowable EIRP
                                                                     allowable               \1\\,\\2\
                      Frequency band  (MHz)                         transmitter  -------------------------------
                                                                   power--mobile
                                                                        (W)         Fixed (dBW)    Mobile (dBW)
----------------------------------------------------------------------------------------------------------------
2,025 to 2,110..................................................            20.0  ..............             +35
6,425 to 6,525..................................................            20.0  ..............             +35
6,875 to 7,125..................................................            20.0  ..............             +35
12,700 to 13,250................................................             1.5             +55             +45
17,700 to 18,600................................................  ..............             +55  ..............
18,600 to 18,800\1\.............................................  ..............             +35  ..............
18,800 to 19,700................................................  ..............             +55  ..............
----------------------------------------------------------------------------------------------------------------
\1\ The power delivered to the antenna is limited to -3 dBW.
\2\ Stations licensed based on an application filed before April 16, 2003, for EIRP values exceeding those
  specified above, may continue to operate indefinitely in accordance with the terms of their current
  authorizations, subject to periodic renewal.

* * * * *
    (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]

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

    63. Section 78.105 is amended by revising the introductory text for 
paragraph (a), 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) 
removing paragraph (a)(4) and by redesignating paragraph (a)(5) as 
paragraph (a)(4) to read as follows:


Sec.  78.105  Antenna systems.

    (a) For fixed stations operating in the 12.7-13.2 GHz and 17.7-19.7 
GHz bands, the following standards apply:
* * * * *

    64. 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.

    65. 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, 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]

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

PART 101--FIXED MICROWAVE SERVICES

    67. The authority citation for part 101 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303.


    68. Section 101.113 is amended by revising the column headings and 
the entry for the 12,700-13,250 and adding 13,200-13,250 MHz frequency 
band in the table in paragraph (a) to read as follows:


Sec.  101.113  Transmitter power limitations.

    (a) * * *

[[Page 12777]]



------------------------------------------------------------------------
                                                       Maximum allowable
                                                        EIRP \1\\,\\2\
                                                     -------------------
                Frequency band  (MHz)                   Fixed
                                                      \1\ ,\2\   Mobile
                                                        (dBW)     (dBW)
------------------------------------------------------------------------
 
                                * * * * *
12,700-13,200 \4\...................................       +50  ........
13,200-13,250 \4\...................................       +55  ........
 
                               * * * * *
------------------------------------------------------------------------
\1\ Per polarization.
\2\ For multiples address operations, see Sec.   101.147. Remote alarm
  units that are part of a multiple address central station protection
  system are authorized a maximum of 2 watts.
* * * * *


    69. Section 101.145 is amended by revising the introductory text, 
and the first sentence of paragraphs (b) and (c) to read as follows:


Sec.  101.145  Interference to geostationary-satellites.

    These limitations are necessary to minimize the probability of 
harmful interference to reception in the bands 2655-2690 MHz, 5925-7075 
MHz, and 12.7-13.25 GHz on board geostationary-space stations in the 
fixed-satellite service.
* * * * *
    (b) 2655 to 2690 MHz and 5925 to 7075 MHz. * * *
    (c) 12.7 to 13.25 GHz. * * *
* * * * *

    70. Section 101.803 is amended by revising the first sentence of 
paragraph (b) to read as follows:


Sec.  101.803  Frequencies.

* * * * *
    (b) Communications common carriers in the Local Television 
Transmission Service may be assigned frequencies listed in Sec. Sec.  
74.602(a), 78.18(a)(6), and 78.18(a)(7) of this chapter to provide 
service to television broadcast stations, television broadcast network-
entities, cable system operators, and cable network-entities. * * *
* * * * *

    71. Section 101.807 is revised to read as follows:


Sec.  101.807  Transmitter power.

    Stations in this service will not be authorized to use transmitters 
having a rated power output in excess of the limits set forth in Sec.  
101.113(b) and a standby transmitter having a rated power output in 
excess of that of the main transmitter with which it is associated will 
not be authorized. As an exception, operations on frequencies listed in 
Sec. Sec.  74.602(a), 78.18(a)(6), and 78.18(a)(7) of this chapter are 
subject to the power limitations of Sec. Sec.  74.636 and 78.101(a).

[FR Doc. 03-4176 Filed 3-14-03; 8:45 am]
BILLING CODE 6712-01-P