[Federal Register Volume 68, Number 92 (Tuesday, May 13, 2003)]
[Rules and Regulations]
[Pages 25512-25542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11723]


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FEDERAL COMMUNICATIONS COMMISSION

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

[ET Docket No. 02-16; FCC 03-39]


Below 28 MHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission amends its rules to implement 
domestically various allocation decisions from International 
Telecommunication Union (``ITU'') World Radiocommunication Conferences 
concerning the frequency bands below 28 MHz. The rules update the 
Commission's rules so they are more consistent with international 
regulations, update various rule parts to affect the allocation 
changes, and update rules that were not recently reviewed.

DATES: Effective June 12, 2003.

FOR FURTHER INFORMATION CONTACT: Shameeka Parrott, Office of 
Engineering and Technology, (202) 418-2062, email: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 02-16, FCC 03-39, adopted February 25, 2003, 
and released March 3, 2003. The full text of this Commission decision 
is available on the Commission's Internet site at www.fcc.gov. It is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Room CY-A257, 445 12th Street, 
SW., Washington, DC 20554. The complete text of this document also may 
be purchased from the Commission's copy contractor, Qualex 
International, Room CY-B402, 445 12th Street, SW., Washington, DC 
20554. Alternate 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. In the Report and Order, the Commission amended parts 2, 73, 74, 
80, 90, and 97 of the Commission's rules to implement domestically 
various allocation decisions from ITU World Radiocommunication 
Conferences concerning the frequency bands below 28 MHz.
    2. International Broadcast Frequencies. The Commission found that 
implementing allocation changes from World Administration 
Radiocommunication Conference (``WARC'') 1979 and WARC-92 concerning 
high frequency broadcast (``HFBC'') would significantly increase the 
amount of spectrum available for HFBC, and conform to international 
regulations. The Commission states that implementing these allocation 
changes would promote national interest around the world and increase 
the international communications provided by HFBC.
    3. To provide more effective use of the WARC-79 HFBC bands, the 
Commission deleted the fixed service allocation from the WARC-79 bands 
to make these bands available exclusively to the broadcasting service. 
These bands are also added to the Commission's rules for international 
broadcast stations, which provide an additional 850 kilohertz of 
exclusive spectrum for international broadcasters. Federal government 
agencies are permitted to operate existing fixed stations in the bands 
9775-9900 kHz, 11650-11700 kHz, and 11975-12050 kHz on a non-harmful 
interference basis to the international broadcast stations.
    4. Until the transition of the WARC-92 HFBC bands to exclusive 
broadcasting service use becomes effective on April 1, 2007, the 
Commission allocated the 790 kilohertz of spectrum to the broadcasting 
service on a shared primary basis with existing fixed and mobile 
services. Consistent with changes being made to the allocation of the 
WARC-92 HFBC bands, the Commission ceased to issue licenses for new 
non-Federal government stations in the fixed and mobile services on 
April 1, 2001. The Commission added informational notes to part 80 (the 
maritime service rules) stating that radioprinter use of the bands 
5900-5950 kHz and 7300-7350 kHz and Alaska private-fixed station use of 
the frequency 11601.5 kHz is on the condition that harmful interference 
is not caused to HFBC.
    5. The Broadcasting Board of Governors (``BBG'') filed comment in 
reference to limiting WARC-92 HFBC bands to single-sideband (``SSB'') 
technology, which BBG believed would limit flexibility and increase 
costs. The Commission agreed with BBG that international broadcasters 
would not use SSB techniques because recent ITU studies demonstrated 
extremely limited availability of SSB receivers.
    6. Finally, the Commission amended rules that would update the 
international broadcasting rules to reflect current practices and make 
them consistent with ITU Radio Regulations. The Commission revised the 
frequency tolerance of 0.0015 percent of the assigned frequency to the 
current ITU standard of 10 hertz in Sec.  73.756(c). Given that there 
are few HFBC stations and many are non-profit, the Commission is 
grandfathering existing stations that do not meet this new standard. 
Also, the HFBC definitions in Sec.  73.701 of the rules are revised to 
reflect international requirements as specified in the WRC-97 Final 
Acts. Currently, the band 25600-25670 kHz is used by radio astronomy 
service and not by HFBC stations. Therefore, the Commission deleted 
this band from the list of frequencies available to HFBC stations in 
part 73 of the rules. With the Commission's rules now agreeing with the 
ITU Table of Frequency Allocations, domestic radio astronomy 
observations are protected in this range. The Commission also clarified 
the manner in which the 7100-7300 kHz band is to be used by 
international broadcast stations by adding cross references to the 
rules, and replacing the target zone map in Sec.  73.703 with the 
current ITU target zone map. Finally, the last sentence in Sec.  73.766 
is modified by changing the highest modulating frequency from 5 
kilohertz to 4.5 kilohertz to reflect a long-standing international 
provision.
    7. AM Expanded Band. The Commission found that the public interest 
would be served providing additional cleared spectrum in the band

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1605-1705 kHz for the AM broadcast service to improve the technical 
integrity of the service and to remove conflicting regulations from the 
Commission's rules. Obsolete service rules and frequency references for 
parts 74 and 90 in this band are removed in order to prevent 
incompatible frequency authorizations. This decision followed the 
Commission's deletion of the land mobile allocation from the band 1605-
1705 kHz in 1983, in which frequencies within this band were 
inadvertently left in parts 74 and 90 of the rules. Specifically, the 
Commission removed the frequencies 1606 kHz, 1622 kHz, and 1646 kHz 
from Sec.  74.402(a)(1); the frequency 1630 kHz from Sec.  90.20(c)(3); 
the frequencies 1614 kHz, 1628 kHz, 1652 kHz, 1676 kHz, and 1700 kHz 
from Sec.  90.35 (b)(3); and the band 1605-1705 kHz from Sec.  90.263. 
Consistent with removing frequencies 1606 kHz, 1622 kHz, and 1646 kHz 
from Sec.  74.402(a)(1), the Commission also eliminated all reference 
to those frequencies from Sec. Sec.  74.402(a) and 74.402(e)(1) and 
section 74.462(b). Also, mobile travelers' information stations 
(``TIS'') continue to be authorized throughout the AM Expanded Band as 
specified in part 90 and Federal government TIS stations operating on 
1610 kHz have primary status.
    8. With four Industrial/Business Pool and two non-Federal 
government radiolocation licensees operating in the AM Expanded Band, 
these licensees are permitted to continue operation on a non-
interference basis to AM radio and TIS stations, until the end of their 
current license term with no provision for renewal. If an Industrial/
Business Pool or radiolocation service operation is causing 
interference to either an AM radio or TIS station, they will have to 
immediately cease transmission. The Commission found that there is 
sufficient alternative spectrum to meet the needs of licensees affected 
by this change and the Commission's staff will work with those 
licensees to help them find suitable alternative channels if the 
licensee desires. Also, no application fee will be charged to licensees 
of affected stations that apply for a modification to obtain 
alternative channels before the end of their license term.
    9. In order to protect the technical integrity of the AM Expanded 
Band, the Commission deleted from the U.S. Table the Federal government 
and non-Federal government secondary radiolocation allocation in the 
band 1605-1705 kHz. The Commission found that these radiolocation 
operations can be relocated to the band 1900-2000 kHz without 
significant impact to current operations. Consistent with this 
decision, the Commission removed the band 1605-1705 kHz from the 
Radiolocation Service Frequency Table in Sec.  90.103 of the rules and 
deleted unneeded assignment limitations. The Commission had 
conversations with NTIA concerning the Federal government's 
radiolocation assignments in the sub-band 1615-1705 kHz. NTIA agreed to 
relocate all Federal government stations currently operating in the AM 
Expanded Band within one year of the adoption date of this Report and 
Order (February 25, 2004). In response to this, the Commission is 
allowing the Federal government radiolocation stations to continue to 
operate during this one-year transition period on the condition that 
harmful interference is not caused to AM or TIS stations.
    10. Continued Use of Frequencies by Broadcast Auxiliary Remote 
Pickup Stations. The Commission is allowing broadcast auxiliary 
stations to continue using the band 26100-26175 kHz because use of this 
band by such stations is significant and their secondary status will 
ensure that their operation will not hinder public coast stations. A 
review of the Commission's licensing database showed that there were 
currently no public coast stations making use of the four maritime 
frequencies (26110 kHz, 26130 kHz, 26150 kHz, and 26170 kHz). 
Therefore, remote pickup stations will not impact maritime mobile 
operations and will allow for greater use of the radio spectrum.
    11. Maritime Services. The band 285-325 kHz is allocated for use in 
the United States to the maritime radionavigation service on a primary 
basis, limited to radiobeacons. These operations were authorized by 
NTIA through footnote G121 of its Manual, but this footnote was not 
previously coordinated with the Commission. Since this spectrum is 
Federal government/non-Federal government shared spectrum and both 
entities benefit from the use of differential global positioning system 
(``DGPS'') systems, the Commission reclassified this footnote as a U.S. 
footnote.
    12. The Commission adopted international footnote 5.131 
domestically, authorizing NAVTEX systems to use the 4209.5 kHz 
frequency exclusively for the transmission by coast stations of 
meteorological and navigational warnings and urgent information to 
ships by means of narrow-band direct-printing techniques. Since there 
are no incumbent users operating in this frequency, the United States 
Coast Guard (``USCG'') can operate NAVTEX with unencumbered access as a 
means to improving maritime safety broadcast service to mariners. Also, 
at the request of NTIA, the Commission adopted international footnote 
5.79A domestically so that the operating characteristics of established 
stations in the NAVTEX service can be coordinated by the Federal 
government with other administrations consistent with the procedures of 
the International Maritime Organization.
    13. After the ITU reduced the guard band for the distress and 
calling frequency at 500 kHz from 20 kilohertz to 10 kilohertz, the 
Commission deleted the 500 kHz from its maritime rules as a distress 
and safety frequency, but kept this frequency available for Morse 
radiotelegraph functions. At WRC-03 Member States will consider whether 
non-Global Maritime Distress and Safety System (``GMDSS'') requirements 
should be maintained in the ITU Radio Regulations, and until such time 
the Commission renumbered international footnote 472 as 5.83 in the 
U.S. Table. Also, until WRC-03 makes a decision, the Commission 
renumbered international footnotes 472a and 474 as 5.82 and 5.84, 
respectively, in the U.S. Table to reflect ITU changes.
    14. Although, WARC-79 implementation transitioned the bands 4000-
4063 kHz and 8100-8195 kHz to the maritime mobile service, these bands 
are equally or primarily used by the fixed service. Also, the ITU 
removed the resolution that facilitated the change of these bands to 
the maritime mobile service and its radio regulations maintain the 
fixed and maritime mobile service allocations in these bands on a co-
primary basis. Therefore, the Commission removed US236 and reinstated 
the direct U.S. Table fixed service allocation for these bands on a 
primary basis to match the ITU table.
    15. Aeronautical Fixed Service. In response to WRC-95, the 
Commission removed the limitation in footnote 459 on use of the 160-190 
kHz band to aeronautical fixed use and allows all eligible fixed 
services to access this band. This brings our domestic rules in line 
with the ITU Radio Regulations and opens the band for utilization by 
other potential users. It is noted that the limitation only affects 
Region 2 polar areas and that Power Line Carrier (``PLC'') uses will be 
coordinated with fixed use of the band; therefore, the Commission found 
that lifting the aeronautical limitation will not harm the nation's 
power network.
    16. The Federal Aviation Administration (``FAA'') indicated that 
they do not intend to implement an aircraft safety service in the band

[[Page 25514]]

21870-21924 kHz. Also, the Commission found no apparent domestic 
support for adopting international footnote 5.155B, which limits most 
fixed use of the band to the provision of services related to aircraft 
flight safety. Therefore, the Commission did not implement footnote 
5.155B domestically, but maintains the footnote in the International 
Table for informational purposes.
    17. Amateur Service. Because ITU Resolution No. 640 and 
international footnote 5.120 have been removed from the ITU Radio 
Regulations, the Commission removed footnote 5.120 and Sec.  97.401(b) 
from the Commission's rules. The Commission did not think this would 
have an impact on the amateur stations to communicate with foreign 
stations in disaster areas, making the provisions based on the former 
ITU Resolution No. 640 unnecessary.
    18. Frequencies Available for Forest Products Licensees. The 
Commission revised footnote US298 to agree with terminology now used in 
part 90 of the Commission's rules and added the frequencies indicated 
in the footnote to the Industrial/Business Radio Pool Frequency Table 
in Sec.  90.35, with an appropriate note describing the limited use 
that is permitted. This decision does not change any regulatory 
requirements, but merely makes the Commission's rules easier to 
understand.
    19. Ministerial Conforming Actions. The Commission made many non-
substantive changes to update and correct the U.S. Table with regards 
to frequency allocations below 28 MHz, while the Commission also 
changed U.S. footnotes to conform to previous decisions and to update 
material in certain rule parts. These changes were made to remove 
unnecessary material from the Commission's rules and to reflect WRC-
2000 Final Acts with regard to the International Table of Frequency 
Allocations within the Rules.
    20. The Commission removed international footnote 5.60 from the 
bands 70-90 kHz and 110-130 kHz because this footnote addressed a 
limitation on an allocation that was never made domestically. Further, 
the Commission removed the superfluous international footnote 5.80 from 
the band 415-435 kHz because it addressed limitations that did not 
apply to this band. The Commission also removed the secondary direct 
U.S. Table allocation for the space research service in the band 19990-
19995 kHz because this allocation was contained in footnote G106, which 
was recently added to the band 19990-20010 kHz. The Commission updated 
footnote US82 by removing maritime channels that were reallocated for 
other purposes in 1991, thus indicating clearly the channels that are 
available for ship and coast station operations.
    21. Further, the Commission added an informational note to Sec.  
90.35 stating that the use of frequencies 25120 kHz, 25140 kHz, 25160 
kHz, 25180 kHz, and 25200 kHz were on a secondary basis to stations in 
the maritime mobile service (part 80). In footnote US281, the 
Commission changed the band ``25.07-25.11 MHz'' to ``25070-25210 kHz'' 
and updated ``industrial radio service'' and ``Forest Products Radio 
Service'' to ``Industrial/Business Pool.'' Limitation 9 in 47 CFR 90.35 
states this fact about footnote US281 and was added to the frequencies 
25120 kHz, 25140 kHz, 25160 kHz, 25180 kHz, and 25200 kHz.
    22. Additionally, the Commission updated rule part cross reference 
in the U.S. Table. Specifically, the Commission deleted approximately 
50 cross references to the International Fixed Public 
Radiocommunication Services (``IFPRS'') that no longer existed. 
Finally, the Commission updated 18 international country footnotes for 
informational purposes because they did not apply to Region 2.

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (``RFA''),\1\ the 
Commission incorporated an Initial Regulatory Flexibility Analysis 
(``IRFA'') in the Notice of Proposed Rulemaking and Order (``Notice''), 
ET Docket No. 02-16.\2\ The Commission sought written public comments 
on the proposals in the Notice, including the IRFA. The Final 
Regulatory Flexibility Analysis (``FRFA'') in the Report and Order 
conforms to the RFA, as amended by the Contract With America 
Advancement Act of 1996 (``CWAAA''), Public Law 104-121, 110 Stat. 847 
(1996).
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Contract With America Advancement Act of 1996, 
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title I of the 
CWAAA is the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA).
    \2\ See Notice of Proposed Rule Making and Order, 17 FCC Rcd 
2789 (2002).
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    By this action, the Commission reallocated 1640 kilohertz of 
spectrum from the fixed and mobile services to the broadcasting 
service. This action provides exclusive availability to broadcasting 
service in the HFBC bands. The Commission made consequential changes to 
various service rules that updated the rules for bands below 28000 kHz, 
so that they better comport with international regulations. Finally, 
this action clarifies the status of services in the AM Expanded Band 
(1605-1705 kHz).
    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.\3\ The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.''\4\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\5\ A small business concern is one that: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) meets any additional criteria established by the 
Small Business Administration (``SBA'').\6\ A small organization is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.''\7\ Nationwide, as of 
1992, there were approximately 275,801 small organizations.\8\ 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.''\9\
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    \3\ 5 U.S.C. 603(b)(3).
    \4\ Id. 601(6).
    \5\ 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).
    \6\ Small Business Act, 15 U.S.C. 632.
    \7\ 5 U.S.C. 601(4)
    \8\ 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).
    \9\ 5 U.S.C. 601(5).
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    Fixed Service. It is noted that there are 162 fixed assignments 
authorized under section 90.266 for long distance communications,\10\ 
Alaska private-fixed assignments,\11\ and 5 aeronautical fixed station 
assignments \12\ that operate in the bands that were reallocated 
pursuant this Report and Order. Using the small business size standard, 
the Commission believed that most of the section 90.266 licensees are 
telephone, gas, and power companies that are not small businesses. 
Because the Commission estimated that most of these fixed service 
licensees would not qualify as small entities under the SBA definition, 
it is estimated

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that fewer than 184 small entities will be impacted by the 
reallocation.
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    \10\ 47 CFR 90.266.
    \11\ 47 CFR 80, subpart O--Alaska Fixed Stations.
    \12\ 47 CFR 87.275, 87.277, 87.279.
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    Maritime Service. The Commission noted that there are four public 
coast stations and four private coast stations licensees that operate 
in the bands being reallocated, and it is estimated that almost all of 
them qualify as small under the SBA size standard.
    International Broadcast Stations. The transmissions of 
international broadcast stations are intended to be received directly 
by the general public in foreign countries.\13\ There are 24 
international broadcast licensees, and the Commission estimated that 
almost all of them qualify as small under the SBA size standards.
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    \13\ See 47 CFR 73.701.
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    Private Land Mobile Radio Services. The Commission has not adopted 
a special small business size standard for private land mobile radio 
service licensees.\14\ Therefore the size standards and census data 
small business breakouts are utilized. This means that such entities 
are considered small if they employ no more than 1,500 persons. There 
are 4 Industrial/Business Pool licensees and 2 radiolocation licensees 
in the AM Expanded Band, and the Commission believed that none of them 
qualify as small under the SBA size standards.
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    \14\ The service is defined in part 90 of the Commission's 
rules, 47 CFR 90.
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    One significant alternative that the Commission considered was 
whether or not to allow the few high frequency broadcast (``HFBC'') 
stations, many of which are non-profit, a longer time to transition 
from outdated equipment. This transition relief will be necessary in 
instances in which equipment cannot maintain the stringent tolerance 
required by the amended rule. This Commission determined to grandfather 
existing international broadcast stations at their current frequency 
tolerance.\15\ This will assist such non-profits, including small 
entities, by providing relief from the rule as revised. Also, with 
regard to small entities and others operating in the AM Expanded Band, 
Commission staff will work with affected licensees to help them find 
suitable alternative channels if the licensee desires.\16\ No fee will 
be charged to licensees of affected stations that apply for 
modification for alternative channels before the end of their license 
term.
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    \15\ See Report and Order ] 15.
    \16\ See Report and Order ] 19.
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    The Commission will send a copy of this Final Regulatory 
Flexibility Analysis, along with this Report and Order, in a report to 
be sent to Congress pursuant to the Congressional Review Act, 5 U.S.C. 
801(a)(1)(A). In addition, the Commission will send a copy of this 
Report and Order, including this FRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects

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

    Radio.

47 CFR Part 80

    Alaska, Radio.

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

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 2, 73, 74, 80, 90, and 97 as follows:

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

0
1. The authority citation for part 2 continues to read as follows:

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


0
2. Amend Sec.  2.106 as follows:
0
a. Revise pages 1 through 21 of the Table.
0
b. In the list of International Footnotes in the Old Numbering Scheme, 
remove footnotes 459, 471, 472, 472A, 474, and 480.
0
c. In the list of United States Footnotes, revise footnotes US18, US25, 
US82, US104, US225, US231, US238, US281, US282, US283, US298, US321, 
US340, and US342. Remove footnotes US235 and US236. Add footnotes 
US364, US366, and US367.
    The additions and revisions read as follows:


Sec.  2.106  Table of Frequency Allocations.

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United States (US) Footnotes

* * * * *
    US18 Navigation aids in the U.S. and its insular areas in the 
bands 9-14 kHz, 90-110

[[Page 25537]]

kHz, 190-415 kHz, 510-535 kHz, and 2700-2900 MHz are normally 
operated by the Federal Government. However, authorizations may be 
made by the FCC for non-Federal Government operations in these bands 
subject to the conclusion of appropriate arrangements between the 
FCC and the Federal agencies concerned and upon special showing of 
need for service which the Federal Government is not yet prepared to 
render.
* * * * *
    US25 The use of frequencies 26110 kHz, 26130 kHz, 26151 kHz, and 
26172 kHz may be authorized to non-Federal Government remote pickup 
broadcast base and mobile stations on the condition that harmful 
interference is not caused to the reception of either international 
broadcast stations transmitting in the band 25850-26100 kHz or to 
coast stations transmitting in the band 26100-26175 kHz.
* * * * *
    US82 The assignable frequencies in the bands 4146-4152 kHz, 
6224-6233 kHz, 8294-8300 kHz, 12353-12368 kHz, 16528-16549 kHz, 
18825-18846 kHz, 22159-22180 kHz, and 25100-25121 kHz may be 
authorized on a shared non-priority basis to Federal and non-Federal 
Government ship and coast stations (SSB telephony, with peak 
envelope power not to exceed 1 kW).
* * * * *
    US104 The LORAN Radionavigation System has priority in the band 
90-110 kHz in the United States and its insular areas. Radiolocation 
land stations making use of LORAN-type equipment may be authorized 
to both Federal and non-Federal Government licensees on a secondary 
basis for offshore radiolocation activities only at specific 
locations and subject to such technical and operational conditions 
(e.g., power, emission, pulse rate and phase code, hours of 
operation), including on-the-air testing, as may be required on a 
case-by-case basis to ensure protection of the LORAN radionavigation 
system from harmful interference and to ensure mutual compatibility 
among radiolocation operators. Such authorizations to stations in 
the radiolocation service are further subject to showing of need for 
service which is not currently provided and which the Federal 
Government is not yet prepared to render by way of the 
radionavigation service.
* * * * *
    US225 In addition to its present Federal Government use, the 
band 510-525 kHz is available to Federal and non-Federal Government 
aeronautical radionavigation stations inland of the Territorial Base 
Line as coordinated with the military services. In addition, the 
frequency 510 kHz is available for non-Federal Government ship-
helicopter operations when beyond 100 nautical miles from shore and 
required for aeronautical radionavigation.
* * * * *
    US231 When an assignment cannot be obtained in the bands between 
200 kHz and 525 kHz, which are allocated to aeronautical 
radionavigation, assignments may be made to aeronautical 
radiobeacons in the maritime mobile band 435-490 kHz, on a secondary 
basis, subject to the coordination and agreement of those agencies 
having assignments within the maritime mobile band which may be 
affected. Assignments to Federal Government aeronautical 
radionavigation radiobeacons in the band 435-490 kHz shall not be a 
bar to any required changes to the maritime mobile radio service and 
shall be limited to non-voice emissions.
* * * * *
    US238 On the condition that harmful interference is not caused 
to the reception of AM broadcast stations or to travelers' 
information stations, Federal Government stations in the band 1615-
1705 kHz may continue operations until February 25, 2004.
* * * * *
    US281 In the band 25070-25210 kHz, non-Federal Government 
stations in the Industrial/Business Pool shall not cause harmful 
interference to, and must accept interference from, stations in the 
maritime mobile service operating in accordance with the Table of 
Frequency Allocations.
    US282 In the band 4650-4700 kHz, frequencies may be authorized 
for non-Federal Government communication with helicopters in support 
of off-shore drilling operations on the condition that harmful 
interference will not be caused to services operating in accordance 
with the Table of Frequency Allocations.
    US283 In the bands 2850-3025 kHz, 3400-3500 kHz, 4650-4700 kHz, 
5450-5680 kHz, 6525-6685 kHz, 10005-10100 kHz, 11275-11400 kHz, 
13260-13360 kHz, and 17900-17970 kHz, frequencies may be authorized 
for non-Federal Government flight test purposes on the condition 
that harmful interference will not be caused to services operating 
in accordance with the Table of Frequency Allocations.
* * * * *
    US298 Channels 27555 kHz, 27615 kHz, 27635 kHz, 27655 kHz, 27765 
kHz, and 27860 kHz are available for use by forest product licensees 
on a secondary basis to Federal Government operations including 
experimental stations. Non-Federal Government operations on these 
channels will not exceed 150 watts output power and are limited to 
the states of Washington, Oregon, Maine, North Carolina, South 
Carolina, Tennessee, Georgia, Florida, Alabama, Mississippi, 
Louisiana, and Texas (eastern portion).
* * * * *
    US321 The band 535-1705 kHz is also allocated to the non-Federal 
Government mobile service on a secondary basis for the distribution 
of public service information from Travelers' Information Stations 
operating in accordance with the provisions of 47 CFR 90.242 on 10 
kilohertz spaced channels from 540 kHz to 1700 kHz.
* * * * *
    US340 The band 2-30 MHz is available on a non-interference basis 
to Federal and non-Federal Government maritime and aeronautical 
stations for the purposes of measuring the quality of reception on 
radio channels. See 47 CFR 87.149 for the list of protected 
frequencies and bands within this frequency range. Actual 
communications shall be limited to those frequencies specifically 
allocated to the maritime mobile and aeronautical mobile services.
* * * * *
    US342 In making assignments to stations of other services to 
which the following bands:

13360-13410 kHz,
25550-25670 kHz,
37.5-38.25 MHz,
322-328.6 MHz*,
1330-1400 MHz*,
1610.6-1613.8 MHz*,
1660-1670 MHz,
3260-3267 MHz*,
3332-3339 MHz*,
3345.8-3352.5 MHz*,
4825-4835 MHz*,
14.47-14.5 GHz*,
22.01-22.21 GHz*,
22.21-22.5 GHz,
22.81-22.86 GHz*,
23.07-23.12 GHz*,
31.2-31.3 GHz,
36.43-36.5 GHz*,
42.5-43.5 GHz,
48.94-49.04 GHz*,
93.07-93.27 GHz*,
97.88-98.08 GHz*,
140.69-140.98 GHz*,
144.68-144.98 GHz*,
145.45-145.75 GHz*,
146.82-147.12 GHz*,
150-151 GHz*,
174.42-175.02 GHz*,
177-177.4 GHz*,
178.2-178.6 GHz*,
181-181.46 GHz*,
186.2-186.6 GHz*,
250-251 GHz*,
257.5-258 GHz*,
261-265 GHz,
262.24-262.76 GHz*,
265-275 GHz,
265.64-266.16 GHz*,
267.34-267.86 GHz*,
271.74-272.26 GHz*

are allocated (* indicates radio astronomy use for spectral line 
observations), all practicable steps shall be taken to protect the 
radio astronomy service from harmful interference. Emissions from 
spaceborne or air-borne stations can be particularly serious sources 
of interference to the radio astronomy service (see Nos. 4.5 and 4.6 
and Article 29 of the ITU Radio Regulations).
* * * * *
    US364 Consistent with US18, stations may be authorized on a 
primary basis in the band 285-325 kHz for the specific purpose of 
transmitting differential global positioning system information.
    US366 On April 1, 2007, the bands 5900-5950 kHz, 7300-7350 kHz, 
9400-9500 kHz, 11600-11650 kHz, 12050-12100 kHz, 13570-13600 kHz, 
13800-13870 kHz, 15600-15800 kHz, 17480-17550 kHz, and 18900-19020 
kHz shall be allocated exclusively to the broadcasting service. 
Beginning April 1, 2007, frequencies in these bands may be used by 
stations in the fixed and mobile services, communicating only within 
the United States and its insular areas, on the condition that 
harmful interference is not caused to the broadcasting service. When 
using frequencies

[[Page 25538]]

for fixed and mobile services, licensees shall be limited to the 
minimum power needed to achieve communications and shall take 
account of the seasonal use of frequencies by the broadcasting 
service published in accordance with Article 12 of the ITU Radio 
Regulations.
    US367 On the condition that harmful interference is not caused 
to the broadcasting service, frequencies in the bands 9775-9900 kHz, 
11650-11700 kHz, and 11975-12050 kHz may be used by Federal 
Government stations in the fixed service communicating within the 
United States and its insular areas that are authorized as of 
[effective date of the Report and Order published in the Federal 
Register]. Each such station shall be limited to a total radiated 
power of 24 dBW.
* * * * *

PART 73--RADIO BROADCAST SERVICES

0
3. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.

0
4. Section 73.701 is amended by revising paragraphs (a), (e), (g), (h), 
(i), (j), and (l) to read as follows:


Sec.  73.701  Definitions.

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

0
5. Sections 73.702 is amended by revising paragraph (f) introductory 
text, (f)(1), (f)(2) introductory text, and (f)(3) to read as follows:


Sec.  73.702  Assignment and use of frequencies.

* * * * *
    (f) Assigned frequencies shall be within the following bands, which 
are allocated on an exclusive basis to the broadcasting service:
    (1) 5950-6200 kHz, 9500-9900 kHz, 11650-12050 kHz, 13600-13800 kHz, 
15100-15600 kHz, 17550-17900 kHz, 21450-21850 kHz, and 25670-26100 kHz.
    (2) In addition, the band 7100-7300 kHz is allocated on an 
exclusive basis to the broadcasting service in International 
Telecommunication Union (ITU) Regions 1 and 3 as defined in 47 CFR. 
2.104(b). Assignments in the band 7100-7300 kHz shall be limited to 
international broadcast stations located in ITU Region 3 insular areas 
(as defined in 47 CFR. 2.105(a), note 4) that transmit to zones and 
areas of reception in ITU Region 1 or 3. In addition, during the hours 
of 0800-1600 UTC (Coordinated Universal Time) antenna gain with 
reference to an isotropic radiator in any easterly direction that would 
intersect any area in Region 2 shall not exceed 2.15 dBi, except in the 
case where a transmitter power of less than 100 kW is used. In this 
case, antenna gain on restricted azimuths shall not exceed that which 
is determined in accordance with equation below. Stations desiring to 
operate in this band must submit sufficient antenna performance 
information to ensure compliance with these restrictions. Permitted 
Gain for Transmitter powers less than 100 kW:
* * * * *
    (3) In addition, frequencies within the following bands are 
assignable to the broadcasting service on an exclusive basis after 
April 1, 2007: 5900-5950 kHz, 7300-7350 kHz, 9400-9500 kHz, 11600-11650 
kHz, 12050-12100 kHz, 13570-13600 kHz, 13800-13870 kHz, 15600-15800 
kHz, 17480-17550 kHz, and 18900-19020 kHz (WARC-92 HFBC bands).
* * * * *

0
6. Section 73.703 is amended by revising the map to read as follows:


Sec.  73.703  Geographical zones and areas of reception.

* * * * *
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[[Page 25539]]

[GRAPHIC] [TIFF OMITTED] TR13MY03.047

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[[Page 25540]]


0
7. Section 73.756 is amended by revising paragraph (c) to read as 
follows:


Sec.  73.756  Transmission system requirements.

* * * * *
    (c) Frequency tolerance. The transmitter shall maintain the 
operating frequency within 10 Hz of the assigned frequency.

0
8. Section 73.766 is revised to read as follows:


Sec.  73.766  Modulation and bandwidth.

    The percentage of modulation shall be maintained as high as 
possible consistent with good quality of transmission and good 
broadcast practice. In no case shall it exceed 100 percent on positive 
or negative peaks of frequent recurrence. It should not be less than 85 
percent on peaks of frequent recurrence. The range of modulation 
frequencies shall be so controlled that the authorized bandwidth of the 
emission shall not be exceeded under all conditions of modulation. The 
highest modulating frequency shall not exceed 4.5 kHz.

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

0
9. The authority citation for part 74 continues to read as follows:

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


0
10. Section 74.402 is amended by revising paragraph (a) introductory 
text and by removing and reserving paragraphs (a)(1) and (e)(1) to read 
as follows:


Sec.  74.402  Frequency assignment.

    (a) The following channels 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.
* * * * *


Sec.  74.462  [Amended]

0
11. Section 74.462 is amended by removing the entry containing the 
single text ``kHz'' in the Frequencies column and the entry for 
frequencies 1606, 1622, and 1646 from the table in paragraph (b).


Sec.  74.464  [Amended]

0
12. Section 74.464 is amended by removing the entry for frequency range 
1.6 to 2 MHz, the entry for 200 W or less, the entry for over 200 W, 
and footnote 1 from the table.

PART 80--STATIONS IN THE MARITIME SERVICES

0
13. The authority citation for part 80 continues to read as follows:

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


0
14. Section 80.373 is amended by revising paragraph (d)(1) and by 
revising the first seven entries in column 1 of the table in paragraph 
(i) to read as follows:


Sec.  80.373  Private communications frequencies.

* * * * *
    (d) * * *
    (1) The following table describes the bands available for 
radioprinter simplex communications between ship and private coast 
stations:
Frequency Bands (kHz)
2107-2170 4750-4850
2194-2495 5060-5450
2505-2850 5700-5950 \1\
3155-3400 7300-8100 \1\
4438-4650

    \1\ After April 1, 2007, use of the sub-bands 5900-5950 kHz and 
7300-7350 kHz shall be on the condition that harmful interference is 
not caused to HF broadcasting.
* * * * *
    (i) * * *
Private Communications in Alaska Carrier Frequencies (kHz)
1619.0 \3\ * * *
1622.0 \3\
1643.0 \3\
1646.0 \3\
1649.0 \3\
1652.0 \3\
1705.0 \3\
* * *
* * * * *
    \3\ Use of these frequencies is on a secondary basis to Region 2 
broadcasting.
* * * * *

0
15. Section 80.387 is amended by revising the table in paragraph (b) to 
read as follows:


Sec.  80.387  Frequencies for Alaska fixed stations.

    (b) Alaska private-fixed station frequencies:

                        Carrier Frequencies (kHz)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1643.0 \4\....................................       2430.0       2773.0
1646.0 \4\....................................       2447.0       3164.5
1649.0 \4\....................................       2450.0       3183.0
1652.0 \4\....................................       2463.0       3196.0
1657.0 \4\....................................       2466.0       3201.0
1660.0 1 4....................................       2471.0       3258.0
1705.0 \4\....................................       2479.0       3261.0
1709.0........................................       2482.0       3303.0
1712.0........................................       2506.0       3365.0
2003.0........................................       2509.0       4035.0
2006.0........................................       2512.0       5164.5
2115.0........................................       2535.0   \3\ 5167.5
2118.0........................................       2538.0       5204.5
2253.0........................................       2563.0   \2\ 6948.5
2400.0........................................       2566.0   \2\ 7368.5
2419.0........................................       2601.0       8067.0
2422.0........................................       2616.0       8070.0
2427.0........................................       2691.0  \2\ 11437.0
                                                ...........          2 5
                                                                11601.5
------------------------------------------------------------------------
\1\ Use of 1660.0 kHz must be coordinated to protect radiolocation on
  adjacent channels.
\2\ Peak envelope power must not exceed 1 kW for radiotelephony.
  Teleprinter use is authorized.
\3\ The frequency 5167.5 kHz is available for emergency communications
  in Alaska. Peak envelope power of stations operating on this frequency
  must not exceed 150 watts. When a station in Alaska is authorized to
  use 5167.5 kHz, such station may also use this frequency for calling
  and listening for the purpose of establishing communications.
\4\ Use of these frequencies is on a secondary basis to Region 2
  broadcasting.
\5\ After April 1, 2007, use of the frequency 11601.5 kHz shall be on
  the condition that harmful interference is not caused to HF
  broadcasting.

* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
16. The authority citation for part 90 continues to read as follows:

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


Sec.  90.20  [Amended]

0
17. Section 90.20 is amended by removing the frequency entry for 
``1630'' in paragraph (c)(3).

0
18. Amend Sec.  90.35 as follows:
0
a. In paragraph (b)(3), remove the frequency entries for 1614, 1628, 
1652, 1676, and 1700 kHz.
0
b. In paragraph (b)(3), revise the frequency entries for 25.12, 25.14, 
25.16, 25.18, and 25.20 MHz.
0
c. In paragraph (b)(3), add the frequency entries in numerical order 
for 27.555, 27.615, 27.635, 27.655, 27.765, and 27.86 MHz.
0
d. Remove and reserve paragraph (c)(2).
0
e. Add paragraph (c)(82).
    The additions and revisions read as follows:


Sec.  90.35  Industrial/Business Pool.

* * * * *
    (b) * * *

[[Page 25541]]



                                    Industrial/Business Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
      Frequency or band                 Class of station(s)               Limitations            Coordinator
----------------------------------------------------------------------------------------------------------------
                                                    Kilohertz
----------------------------------------------------------------------------------------------------------------
2000 to 25000................  Fixed, base or mobile...............  1
2292.........................  Base or mobile......................  4, 5, 7
2398.........................  ......do............................  5, 7
4637.5.......................  ......do............................  5, 7
------------------------------
                                                    Megahertz
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
25.12........................  ......do............................  9....................  IP
25.14........................  ......do............................  3, 4, 9..............  IP
25.16........................  ......do............................  9....................  IP
25.18........................  ......do............................  3, 4, 9..............  IP
25.20........................  ......do............................  9....................  IP
 
                                                  * * * * * * *
27.555.......................   Base or mobile.....................  82
27.615.......................  ......do............................  82
27.635.......................  ......do............................  82
27.655.......................  ......do............................  82
27.765.......................  ......do............................  82
27.86........................  ......do............................  82
29.71........................  ......do............................
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (c) * * *
    (82) The frequency may be assigned only to entities meeting the 
definition of a forest product licensee (see Sec.  90.7). Operations 
are on a secondary basis to Federal Government operations including 
experimental stations, will not exceed 150 watts output power, and are 
limited to the states of Washington, Oregon, Maine, North Carolina, 
South Carolina, Tennessee, Georgia, Florida, Alabama, Mississippi, 
Louisiana, and Texas (eastern portion).
* * * * *
    19. Section 90.103 is amended by revising the kilohertz section of 
the table in paragraph (b), by revising paragraph (c)(4), by removing 
paragraphs (c)(28) and (c)(29), and by redesignating paragraphs (c)(30) 
and (c)(31) as paragraphs (c)(28) and (c)(29) to read as follows:


Sec.  90.103  Radiolocation Service.

* * * * *
    (b) * * *

                                                          Radiolocation Service Frequency Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Frequency or band                                  Class of station(s)                                        Limitations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Kilohertz
--------------------------------------------------------------------------------------------------------------------------------------------------------
70 to 90..................................  Radiolocation land or mobile..............................  1
90 to 110.................................  Radiolocation land........................................  2
110 to 130................................  Radiolocation land or mobile..............................  1
1705 to 1715..............................  ......do..................................................  4, 5, 6
1715 to 1750..............................  ......do..................................................  5, 6
1750 to 1800..............................  ......do..................................................  5, 6, 7
1900 to 1950..............................  ......do..................................................  6, 25, 26, 27, and 30
1950 to 2000..............................  ......do..................................................  6, 25, 27, and 30
3230 to 3400..............................  ......do..................................................  6, 8
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (c) * * *
    (4) The non-Federal Government radiolocation service in this band 
is on a secondary basis to stations in the aeronautical radionavigation 
service operating on 1708 kHz.
* * * * *

0
20. Section 90.263 is revised to read as follows:


Sec.  90.263  Substitution of frequencies below 25 MHz.

    Frequencies below 25 MHz when shown in the radio pool frequency 
listings under this part will be assigned to base or mobile stations 
only upon a satisfactory showing that, from a safety of life 
standpoint, frequencies above 25 MHz will not meet the operational 
requirements of the applicant. These frequencies are available for 
assignment in many areas; however, in individual cases such assignment 
may be impracticable due to conflicting frequency use authorized to 
stations in other services by this and other countries. In such cases, 
a substitute frequency, if found to be available, may be assigned from 
the following bands: 1705-1750 kHz, 2107-2170 kHz, 2194-

[[Page 25542]]

2495 kHz, 2506-2850 kHz, 3155-3400 kHz, or 4438-4650 kHz. Since such 
assignments are in certain instances subject to additional technical 
and operation limitations, it is necessary that each application also 
include precise information concerning transmitter output power, type 
and directional characteristics, if any, of the antenna, and the 
minimum necessary hours of operation. (This section is not applicable 
to the Radiolocation Radio Service, subpart F.)

PART 97--AMATEUR RADIO SERVICE

0
21. The authority citation for part 97 continues to read as follows:

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


Sec.  97.401  [Amended]

0
22. Section 97.401 is amended by removing paragraph (b) and by 
redesignating paragraphs (c) and (d) as (b) and (c).

[FR Doc. 03-11723 Filed 5-12-03; 8:45 am]
BILLING CODE 6712-01-P