[Federal Register Volume 68, Number 133 (Friday, July 11, 2003)]
[Rules and Regulations]
[Pages 41284-41286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17569]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 74

[ET Docket No. 01-75; RM-9418; RM-9856; DA 03-1141]


Revision of Broadcast Auxiliary Service

AGENCY: Federal Communications Commission.

ACTION: Final rule; suspension.

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SUMMARY: This document suspends the effectiveness of Sec. Sec.  
74.502(d) and 74.638(b), of the rules published March 17, 2003, (68 FR 
12743) from April 16, 2003 to October 16, 2003. Society of Broadcast 
Engineers requested a

[[Page 41285]]

Temporary Stay to allow Broadcast Auxiliary Service (BAS) licensees 
time to provide and to correct BAS receive site information in our 
licensing database, the Universal Licensing System (ULS), to ensure 
that the new procedures effectively avert interference to existing 
systems. The Commission adopted and released an Order granting the 
requested relief for six months, on April 16, 2003, suspending the 
effectiveness of the rules until October 16, 2003.

DATES: Effective April 16, 2003, Sec. Sec.  74.502(d) and 74.638(b), of 
47 CFR Chapter I are suspended until October 16, 2003.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
ET Docket No. 01-75, DA 03-1141, adopted April 15, 2003, and released 
April 15, 2003. 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 Order

    1. In the Order, we granted a Request for Temporary Stay (Request) 
filed by the Society of Broadcast Engineers (SBE) to stay the effective 
date of prior coordination procedures adopted by Report and Order, for 
most fixed point-to-point Aural and TV Broadcast Auxiliary Service 
(BAS) stations. See, 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, ET Docket No. 01-75, FCC 02-298, 17 FCC 
Rcd 22979, 2002, 68 FR 12743, March 17, 2003. SBE requests the stay to 
allow BAS licensees time to provide and to correct BAS receive site 
information in our licensing database, the Universal Licensing System 
(ULS), to ensure that the new procedures effectively avert interference 
to existing systems. We grant the requested relief for six months, 
staying the effectiveness of Sec. Sec.  74.502(d) and 74.638(b), of the 
rules until October 16, 2003.
    2. In the Report and Order, we adopted prior coordination 
procedures for fixed Aural BAS stations above 944 MHz and fixed 
Television BAS (TV BAS) stations above 2110 MHz under part 74. We 
adopted these procedures to conform procedures for fixed BAS, and Cable 
Auxiliary Relay Service (CARS) under part 78, with those already in 
effect for Fixed Microwave Services (FS) under part 101, Sec.  
101.103(d). We found that the FS procedures were appropriate for fixed 
BAS and CARS, stating that uniform procedures for bands shared among 
these services are necessary to promote spectrum efficiency and to 
minimize the possibility of harmful interference. We note that because 
these procedures were already in effect for Aural and TV BAS stations 
in the bands 6425-6525 MHz and 17700-19700 MHz, the new rules only 
affect fixed BAS in the bands 944-952 MHz (950 MHz), 2450-2583.5 MHz 
(2.5 GHz), 6875-7125 MHz (7 GHz), and 12700-13250 MHz (13 GHz).
    3. SBE requests a one-year stay to allow BAS licensees time to 
correct inaccurate receive site information, such as geographic 
coordinates, antenna height, make, and model. It notes that these 
errors are a legacy of licensing schemes previous to the ULS and occur 
in 29% of all fixed point-to-point BAS license records. SBE further 
notes that receive site information was not even required prior to 1974 
and that it remains missing on many old licenses. SBE explains that, 
compared to the information coordination procedures currently in 
effect, prior coordination procedures require a more accurate database. 
SBE acknowledges previous Commission public notices asking broadcasters 
to examine and correct inaccuracies in the ULS, via informal correction 
procedures, but asserts that with the adoption of the prior 
coordination procedures, BAS licensees will now have a greater 
incentive to ensure that their license records are up to date. We also 
note that SBE asserts that interference standards for the mix of 
analog, hybrid analog-digital, and digital links encountered in BAS 
need to be developed and formalized before prior coordination 
procedures can take effect. Life Talk Radio and CPBE support SBE's 
Request.
    4. We agree with SBE that legacy database inaccuracies in the ULS 
could seriously affect the efficacy of prior coordination procedures, 
which was not anticipated when the Order setting these procedures was 
adopted. We will therefore stay for six months the effective date of 
the prior coordination procedures for fixed BAS. We find that this six 
month time period is the proper balance to allow sufficient time for 
BAS licensees to correct legacy database inaccuracies without 
unnecessarily delaying the efficiency and protection benefits offered 
by prior coordination procedures.
    5. The Commission generally employs a four-part test under the 
standard set forth in Virginia Petroleum Jobbers Association v. Federal 
Power Commission in determining whether to grant motions for stay. 
Under this standard, the petitioner must demonstrate (1) That it is 
likely to prevail on the merits; (2) that it will suffer irreparable 
harm if a stay is not granted; (3) that other interested parties will 
not be harmed if the stay is granted; (4) that the public interest 
favors grant of the stay. We find that a stay is warranted.
    6. First, we believe the database issues raised by SBE are valid 
and have merit. The period of the stay will provide time for Commission 
staff to address completion and correction of receive site information 
in the ULS database, so that prior coordination procedures can begin. 
Second, we find that SBE has demonstrated that, absent a stay, BAS 
licensees will suffer irreparable harm because there is an increased 
likelihood of interference to their receive facilities. Third, we find 
that granting a stay for six months will not harm any interested 
parties. As with our finding in the Report and Order that use of 
existing local coordination procedures would be sufficient to avert 
harmful interference until the effective date of the prior coordination 
procedures, we find that continuance of these procedures during a six-
month period will be sufficient to avert harmful interference. Finally, 
we find that the public interest favors a grant of a temporary stay, 
given the short time before the new rules would be effective and the 
benefits of reducing the risk for harmful interference to existing BAS 
receive facilities.
    7. With regard to SBE's assertion that adequate time must be 
provided for interference standards to be developed, we note that five 
months has already passed since the release of the Report and Order on 
November 13, 2002. Moreover, as we pointed out in the Report and Order, 
the existing baseline interference criteria for 13 GHz BAS in current 
Sec.  74.638 are identical to those for FS in Sec.  101.105. Also, the 
FS criteria in Sec.  101.105(c) already provide the flexibility to 
follow generally acceptable good engineering practices, such as the 
existing interference criteria already in use by broadcasters and cited 
by SBE, and we would therefore be hesitant to

[[Page 41286]]

further delay prior coordination for the mix of signals needed to 
effect transition to DTV pending the development of more detailed 
criteria.

Ordering Clauses

    8. Pursuant to sections 4(i) of the Communications Act, as amended, 
47 U.S.C. 154(i), and 1.429 (k) of the Commission's rules, 47 CFR 1.429 
(k), that the Society of Broadcast Engineers' Request for Temporary 
Stay of the rules is granted, suspending effect of these rules until 
October 16, 2003.

Federal Communications Commission.
Geraldine Matise,
Deputy Chief, Policy and Rules Division, Office of Engineering and 
Technology.
[FR Doc. 03-17569 Filed 7-10-03; 8:45 am]
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