[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Proposed Rules]
[Pages 50739-50740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21507]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET 03-158; MB 03-159; FCC 03-165]


Use of Television Channel 16 by the New York Police Department 
and NYMAC for Public Safety Services

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend the rules of the Federal 
Communications Commission (FCC) to reallocate television channel 16 to 
the land mobile service in order to permit the New York Police 
Department and New York Metropolitan Advisory Committee (NYMAC) to 
utilize the channel for public safety services.

DATES: Submit comments on or before September 22, 2003. Reply comments 
are due on or before October 6, 2003.

ADDRESSES: Federal Communications Commission, 445 12th St. SW., 
Washington, DC 20554. See SUPPLEMENTARY INFORMATION for filing 
instructions.

FOR FURTHER INFORMATION CONTACT: Dave Roberts (202) 418-1600.

SUPPLEMENTARY INFORMATION: This is a summary of the FCC's Notice of 
Proposed Rulemaking, (NPRM) FCC 03-165, adopted on July 7, 2003, and 
released on July 10, 2003. The full text of this document is available 
for inspection and copying during normal business hours in the FCC 
Reference Center, 445 12th Street, SW., Washington, DC 20554. The 
complete text may be purchased from the FCC'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

[[Page 50740]]

contacting Brian Millin at (202) 418-7426 or TTY (202) 418-7365 or at 
[email protected].
    By this NPRM, the FCC initiates a rulemaking to determine whether 
to reallocate television channel 16 to the land mobile service for use 
by the New York Police Department and NYMAC for public safety use in 
the New York metropolitan area. Comments are sought on the technical 
impact of this proposal.
    This matter shall be treated as a ``permit--but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. 47 CFR 
1.200, 1.1206. Members of the public are advised that ex parte 
presentations are permitted, except during the Sunshine Agenda period, 
provided they are disclosed as provided under the Commission's rules. 
See generally 47 CFR 1.1203 and 1.1206(a).
    Pursuant to 47 CFR 1.415, 1.419, interested parties may file 
comments on or before September 22, 2003 and reply comments on or 
before October 6, 2003. Comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS) or by filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(1998).
    Comments filed using ECFS can be sent as an electronic file via the 
Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only one 
copy of an electronic submission must be filed. If multiple docket or 
rulemaking numbers appear in the caption of this proceeding, however, 
commenters must transmit one electronic copy of the comments to each 
docket or rulemaking number referenced in the caption. When completing 
the transmittal screen, commenters should include their full name, U.S. 
Postal Service mailing address, and the applicable docket or rulemaking 
number. Parties also may submit electronic comments by Internet e-mail. 
To get filing instructions for e-mail comments, commenters should send 
an e-mail to [email protected], and should include the following words in 
the body of the message, ``get form.'' A sample form and directions 
will be sent in reply. Parties who choose to file by paper must file an 
original and four copies of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, commenters 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail).
    The Commission's contractor, Vistronix, Inc., will receive hand-
delivered or messenger-delivered paper filings for the Commission's 
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002.
    [sbull] The filing hours at this location are 8 a.m. to 7 p.m.
    [sbull] All hand deliveries must be held together with rubber bands 
or fasteners.
    [sbull] Any envelopes must be disposed of before entering the 
building.
    [sbull] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    [sbull] U.S. Postal Service first-class mail, Express Mail, and 
Priority Mail should be addressed to 445 12th Street, SW., Washington, 
DC 20554.
    All filings must be addressed to the Commission's Secretary, Office 
of the Secretary, Federal Communications Commission.
    The Commission has determined that the relevant provisions of the 
Regulatory Flexibility Act of 1980 do not apply to rule making 
proceedings to amend the TV Table of Allotments, Sec.  73.606(b) of the 
Commission's rules. See Certification That Sec. Sec.  603 and 604 of 
the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend 
Sec. Sec.  73.202(b), 73.504 and 73.606(b) of the Commission's Rules, 
46 FR 11549, February 9, 1981.
    Accordingly, it is ordered that pursuant to the authority contained 
in Sections 1, 4(i), 4(j), 301, 303, 308, 309(j), and 337 of the 
Communications Act of 1934, as amended, 47 U.S.C. sections 151, 154(j), 
157(a), 301, 303, 308, 309(j), and 337 this Notice of Proposed 
Rulemaking is adopted.

List of Subjects in 47 CFR Part 2

    Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 2 as follows:

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

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


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

    2. Section 2.106, the Table of Frequency Allocations, is amended by 
revising footnote NG66 to read as follows.


Sec.  2.106  Table of Frequency Allocations.

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NON-FEDERAL GOVERNMENT (NG) FOOTNOTES

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    NG66 The use of the land mobile service in the band 470-512 MHz 
is available for assignment to licensees in the Public Mobile 
Services, the Public Safety Radio Pool, and the Industrial/Business 
Radio Pool at, or in the vicinity of 11 urbanized areas, as set 
forth in the following table. Additionally, the band 482-488 MHz (TV 
channel 16) is available for assignment to licensees in the Public 
Safety Radio Pool at, or in the vicinity of, Los Angeles and at, or 
in the vicinity of, New York City and Nassau and Suffolk Counties, 
New York. Such use in the land mobile service is subject to the 
conditions set forth in 47 CFR parts 22 and 90.

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                                                                   TV
           Urbanized area                Frequencies  (MHz)     channel
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New York, NY-Northeastern New Jersey  470-482................     14, 15
Chicago, IL-Northwestern Indiana....  470-482................     14, 15
Boston, MA..........................  470-476 and 482-488....     14, 16
Pittsburgh, PA......................  470-476 and 494-500....     14, 18
Los Angeles, CA.....................  470-476 and 506-512....     14, 20
Miami, FL...........................  470-476................         14
San Francisco-Oakland, CA...........  482-494................     16, 17
Dallas, TX..........................  482-488................         16
Washington, D.C.-Maryland-Virginia..  488-500................     17, 18
Houston, TX.........................  488-494................         17
Philadelphia, PA-New Jersey.........  500-512................     19, 20
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[FR Doc. 03-21507 Filed 8-21-03; 8:45 am]
BILLING CODE 6712-01-P