[Federal Register Volume 69, Number 187 (Tuesday, September 28, 2004)]
[Rules and Regulations]
[Pages 57859-57862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21513]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15, 76 and 78

[MB Docket No. 03-50; FCC 04-75]


Extend Interference Protection to the Marine and Aeronautical 
Distress and Safety Frequency 406.025 MHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission adopts rules that extend 
interference protection to all of the international digital search and 
rescue frequencies in the 406 MHz band. These frequencies are used to 
detect and locate emergency position indicating radio beacons (EPRIBs) 
and emergency locator transmitters (ELTs) in the event of an emergency. 
Previously, the Commission extended protection to the analog search and 
rescue frequencies at 121.5 and 243.0 MHz. Digital beacons are said to 
be more effective and give off fewer false alerts than analog beacons. 
As digital beacons become increasingly popular, the need to protect 
them becomes more important. This Report and Order protects these newer 
digital beacons from interference from cable systems. At the same time, 
this Report and Order avoids placing undue burden on the cable 
operators by providing a new digital measurement technique for systems 
with digital channels. In addition, this document streamlines and 
cleans up our rules by removing some outdated rules and correcting 
others to maintain consistency through the different rule parts.

DATES: Effective October 28, 2004. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register, as of October 28, 2004.

FOR FURTHER INFORMATION CONTACT: Sarah Mahmood, [email protected], 
(202) 418-7009 of the Engineering Division, Media Bureau. For 
additional information concerning the information collection(s) 
contained in this document, contact Leslie Smith, Federal 
Communications Commission, Room 1-A804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet at [email protected]., or 
at 202-418-0217.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Report and Order, FCC 04-75, adopted on 
March 30, 2004 and released on April 14, 2004. 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 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 or at [email protected].

Paperwork Reduction Act

    The action contained herein has been analyzed with respect to the 
Paperwork Reduction Act of 1995 and found to impose no new or modified 
reporting and recordkeeping requirements or burdens on the public.

Summary of the Report and Order

    1. In the Report and Order the Commission is adopting measurement 
techniques that both protect safety of life and permit the operation of 
analog and digital cable systems. By further defining the measurement 
techniques for digital signals to protect EPIRBs and ELTs, cable 
operators with digital cable systems will be able to deploy new digital 
services without undue power limitations on cable channel 54. By 
extending interference protection to all frequencies in the COSPAS-
SARSAT 406 MHz Management Plan, the Commission is protecting all 
current beacon models as well as known future beacon models. These 
modifications will protect public safety interests while adapting to 
changes in digital technology.
    2. Digital cable systems must limit their average power levels 
between 405.925 MHz and 406.176 MHz to 10-5 watts, measured 
using an RMS detector, over any 30 kHz bandwidth in any 2.5 millisecond 
interval. This rule is tailored specifically for the protection of 
EPIRBs and ELTs only. Should the Commission adopt measurement standards 
for digital cable signals in the broader context in the future, we will 
consider the full set of parameters surrounding digital signals. Analog 
signals, however, are prohibited from delivering peak power levels 
equal to or greater than 10-5 watts from 405.925 MHz to 
406.176 MHz.
    3. Paperwork Reduction Act: The action contained in this Report and 
Order has been analyzed with respect to the Paperwork Reduction Act of 
1995 and found to impose no new or modified reporting and recordkeeping 
requirements or burdens on the public.
    4. Final Regulatory Flexibility Analysis: As required by the 
Regulatory Flexibility Act (RFA), an Initial Regulatory Flexibility 
Analysis (IRFA) was incorporated in the Notice. The Commission sought 
written public comments on the possible significant economic impact of 
the proposed policies and rules on small entities in the Notice, 
including comments on the IRFA. Pursuant to the RFA, a Final Regulatory 
Flexibility Analysis is contained herein.
    5. Ordering Clauses: Accordingly, it is ordered that, pursuant to 
authority

[[Page 57860]]

found in Sections 4(i)-(j) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i)-(j), 303(c), (f), and (r), and 309(j), the 
Commission's rules are hereby amended as set forth herein, and shall 
become effective 30 days after publication in the Federal Register.
    6. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Report and 
Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

Final Regulatory Flexibility Analysis

    7. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice 
of Proposed Rulemaking (NPRM) in MB Docket No. 03-50, FCC 03-37. The 
Commission sought written public comment on the proposals in the 
Notice, including comment on the IRFA. This Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.
    8. Need for, and Objectives of, this Report and Order. We have 
adopted rules to provide interference protection to the international 
digital emergency and distress frequencies in the COSPAS-SARSAT 406 MHz 
Frequency Management Plan. Digital distress beacons are becoming more 
widely used as the analog beacons are slowly being phased out. In the 
interest of public safety, our rules will eliminate potential 
interference from cable systems to the frequencies used by these 
digital beacons. All frequencies used by the digital beacons, according 
to the 406 Frequency Management Plan, will be added to those 
frequencies which are already protected from cable signal leakage. This 
addition covers all foreseeable digital beacon frequencies and should 
not pose any greater burden on small businesses. In addition to these 
rules, this Order updates, streamlines, and revises parts 76 and 78 of 
the Commission's rules by fixing typographical errors, removing 
grandfathered dates that have already passed, etc. These changes should 
have no differential impact on small businesses.
    9. Summary of Significant Issues Raised by Public Comments in 
Response to IRFA. No one commented in direct response to the IRFA. We 
received comments from the NCTA, RCN, NOAA, and RTCM and reply comments 
from the NTIA and NCTA. None of the parties commented on the IRFA. Many 
of the comments concerned extending the interference protection as well 
as differentiating between analog and digital cable systems. No parties 
commented on small business related issues.
    10. Description and Estimate of the Number of Small Entities to 
Which the Rules Will Apply. The RFA directs the Commission to provide a 
description of and, where feasible, an estimate of the number of small 
entities that will be affected by the rules adopted herein. The RFA 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction'' under Section 3 of the Small Business Act. 
Under the Small Business Act, a small business concern is one which: 
(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).
    11. Cable and Other Programming Distribution. The SBA has developed 
a definition of small entities for cable and other pay television 
services, which includes such companies generating $12.5 million or 
less in annual receipts. This definition includes cable system 
operators, closed circuit television services, direct broadcast 
satellite services, multipoint distribution systems, satellite master 
antenna systems, and subscription television services. According to the 
Census Bureau data for 1997, there were a total of 1,311 firms in this 
category, total, that had operated for the entire year. Consequently, 
the Commission estimates that the majority of providers in this service 
category are small businesses that may be affected by the rules and 
policies adopted herein. We address below services individually to 
provide a more precise estimate of small entities.
    12. Open Video System (OVS). The Commission has certified eleven 
OVS operators. Of these eleven, only two are providing service. 
Affiliates of residential Communications Network, Inc. (RCN) received 
approval to operate OVS systems in New York City, Boston, Washington, 
DC, and other areas. RCN has sufficient revenues to assure us that they 
do not qualify as small business entities. Little financial information 
is available for the other entities authorized to provide OVS service 
that are not yet operational. Given that other entities have been 
authorized to provide OVS service but have not yet begun to generate 
revenues, we conclude that at least some of the OVS operators qualify 
as small entities.
    13. Cable System Operators (Rate Regulation Standard). The 
Commission has developed a size standard for small cable system 
operators for the purposes of rate regulation. Under the Commission's 
rules, a ``small cable company'' is one serving fewer than 400,000 
subscribers nationwide. Based on our most recent information, we 
estimate that there were 1439 cable operators that qualified as small 
cable companies at the end of 1995. Since then, some of those companies 
may have grown to serve over 400,000 subscribers, and others may have 
been involved in transactions that caused them to be combined with 
other cable operators. The Commission's rules define a ``small 
system,'' for the purposes of rate regulation, as a cable system with 
15,000 or fewer subscribers. The Commission does not request nor does 
the Commission collect information concerning cable systems serving 
15,000 or fewer subscribers and thus is unable to estimate, at this 
time, the number of small cable systems nationwide.
    14. Cable System Operators (Telecom Act Standard). The 
Communications Act of 1934, as amended, also contains a definition of a 
small cable system operator, which is ``a cable operator that, directly 
of through an affiliate, serves in the aggregate fewer than 1% of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' The Commission has determined that there are 61,700,000 
subscribers in the United States. Therefore, a cable operator serving 
fewer than 617,000 subscribers shall be deemed a small operator, if its 
annual revenues, when combined with the total annual revenues of all of 
its affiliates, do not exceed $250 million in the aggregate. Based on 
available data, we find that the number of cable operators serving 
617,000 subscribers or less totals approximately 1450. Although it 
seems certain that some of these cable system operators are affiliated 
with entities whose gross annual revenues exceed $250,000,000, we are 
unable at this time to estimate with greater precision the number of 
cable system operators that would qualify as small cable operators 
under definition in the Communications Act of 1934.
    15. Private Cable Operators. Based on our most recent information, 
we estimate that there are 3400 private cable operators serving 
multiple dwelling units that qualify as small cable companies as 
characterized by the standard set forth in the Telecommunications Act. 
Some of those companies may have grown to serve from 800,000 to 1.6 
million subscribers, and others may have been involved in transactions 
that caused them to be

[[Page 57861]]

combined with other cable operators. Consequently, we estimate that 
there are fewer than 3,400 small entity private cable system operators 
that may be affected by the decisions and rules we are adopting.
    16. Description of Projected Reporting, Record Keeping and other 
Compliance Requirements. This Report and Order creates no additional 
reporting, record keeping, or other compliance requirements. Rather, 
makes reporting easier and more efficient by permitting filing by 
electronic means via the Internet. It also simplifies reporting by 
standardizing forms and deleting duplicate and unnecessary data 
collections.
    17. Steps Taken to Minimize the Impact on Small Entities, and 
Significant Alternatives Considered. The RFA requires an agency to 
describe any significant alternatives that it has considered in 
developing its 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 and 
reporting requirements under the rule for such 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 such small 
entities.''
    18. It was considered whether providing interference protection to 
the digital beacons would differentially affect small businesses. 
However, examination of the record shows that the restricted power 
levels would still allow operations to continue without causing any 
harm or loss to smaller entities. No alternative power levels were 
considered because on this issue there were no questions raised in the 
NPRM or comments regarding small businesses, and because there is no 
evidence that the rules establishing these power levels would affect 
smaller entities either adversely or differently than larger entities.
    19. Report to Congress. We will send a copy of this Report and 
Order, including this FRFA, in a report to Congress pursuant to the 
Congressional Review Act of 1996, 5 U.S.C. 801(a)(1)(A). A copy of this 
Report and Order and FRFA (or summary thereof) will also be published 
in the Federal Register, pursuant to 5 U.S.C. 604(b), and will be sent 
to the Chief Counsel for Advocacy of the Small Business Administration.
    20. Accordingly, it is ordered that, pursuant to authority found in 
Sections 4(i)-(j) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i)-(j), 303(c), (f), and (r), and 309(j), the Commission's 
rules are hereby amended as set forth in Appendix A, and shall become 
effective 30 days after publication in the Federal Register.
    21. It is further ordered that the Consumer and Governmental 
Affairs Bureau, Reference Information Center, shall send a copy of this 
Report and Order, including the Final Regulatory Flexibility Analysis, 
to the Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 15, 76 and 78

    Administrative practice and procedure, Cable television, 
Incorporation by reference.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rule

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR Parts 15, 76 and 78 as follows:

PART 15--RADIO FREQUENCY DEVICES

0
1. The authority citation for part 15 continues to read as follows:


    Authority: 47 U.S.C. 154, 302(a), 303, 304, 307, 336, and 554a.


0
2. Section 15.38 is amended by revising paragraph (b)(7) to read as 
follows:


Sec.  15.38  Incorporation by reference.

* * * * *
    (b) * * *
    (7) CEA-542-B: ``CEA Standard: Cable Television Channel 
Identification Plan,'' July 2003, IBR approved for Sec.  15.118.
* * * * *

0
3. Section 15.118 is amended by revising paragraph (b) to read as 
follows:


Sec.  15.118  Cable ready consumer electronics equipment.

* * * * *
    (b) Cable ready consumer electronics equipment shall be capable of 
receiving all NTSC or similar video channels on channels 1 through 125 
of the channel allocation plan set forth in CEA-542-B: ``CEA Standard: 
Cable Television Channel Identification Plan,'' (incorporated by 
reference, see Sec.  15.38).
* * * * *

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

0
4. The authority citation for part 76 continues to read as follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302a, 303, 303a, 
307, 308, 309, 312, 317, 325, 338, 339, 503, 521, 522, 531, 532, 
533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.


0
5. Section 76.5 is amended by revising paragraph (v) and by removing 
the Note following paragraph (v) to read as follows:


Sec.  76.5  Definitions.

* * * * *
    (v) Subscriber terminal. The cable television system terminal to 
which a subscriber's equipment is connected. Separate terminals may be 
provided for delivery of signals of various classes. Terminal devices 
interconnected to subscriber terminals of a cable system must comply 
with the provisions of part 15 of this Chapter for TV interface 
devices.
* * * * *

0
6. Section 76.602 is amended by revising paragraph (b)(9) to read 
follows:


Sec.  76.602  Incorporation by reference.

* * * * *
    (b) * * *
    (9) CEA-542-B: ``CEA Standard: Cable Television Channel 
Identification Plan,'' July 2003, IBR approved for Sec.  76.605.

0
7. Section 76.605 is amended by revising paragraphs (a) introductory 
text, (a)(1)(ii) and (a)(6) and by removing paragraphs (a)(6)(i) and 
(a)(6)(ii); by revising paragraph (a)(7) introductory text and by 
removing paragraphs (a)(7)(i) through (a)(7)(iv) and by redesignating 
paragraphs (a)(7)(iv)(A) through (a)(7)(iv)(C) as paragraphs (a)(7)(i) 
through (a)(7)(iii); and in paragraph (b) by revising Note 3 to read as 
follows:


Sec.  76.605  Technical standards.

    (a) The following requirements apply to the performance of a cable 
television system as measured at any subscriber terminal with a matched 
impedance at the termination point or at the output of the modulating 
or processing equipment (generally the headend) of the cable television 
system or otherwise as noted. The requirements are applicable to each 
NTSC or similar video downstream cable television channel in the 
system:
    (1) * * *
    (ii) Cable television systems shall transmit signals to subscriber 
premises equipment on frequencies in accordance with the channel 
allocation plan set

[[Page 57862]]

forth in CEA-542-B: ``Standard: Cable Television Channel Identification 
Plan,'' (Incorporated by reference, see Sec.  76.602).
* * * * *
    (6) The amplitude characteristic shall be within a range of 2 decibels from 0.75 MHz to 5.0 MHz above the lower boundary 
frequency of the cable television channel, referenced to the average of 
the highest and lowest amplitudes within these frequency boundaries. 
The amplitude characteristic shall be measured at the subscriber 
terminal.
    (7) The ratio of RF visual signal level to system noise shall not 
be less than 43 decibels. For class I cable television channels, the 
requirements of this section are applicable only to:
* * * * *

    Note 3: The requirements of this section shall not apply to 
devices subject to the TV interface device rules under part 15 of 
this chapter.

* * * * *

0
8. Section 76.610 is revised to read as follows:


Sec.  76.610  Operation in the frequency bands 108-137 and 225-400 
MHz--scope of application.

    The provisions of Sec. Sec.  76.605(a)(12), 76.611, 76.612, 76.613, 
76.614, 76.616, 76.617, 76.1803 and 76.1804 are applicable to all MVPDs 
(cable and non-cable) transmitting carriers or other signal components 
carried at an average power level equal to or greater than 
10-\4\ watts across a 25 kHz bandwidth in any 160 
microsecond period, at any point in the cable distribution system in 
the frequency bands 108-137 and 225-400 MHz for any purpose. Exception: 
Non-cable MVPDs serving less than 1000 subscribers and less than 1000 
units do not have to comply with Sec.  76.1803.

0
9. Section 76.616 is revised to read as follows:


Sec.  76.616  Operation near certain aeronautical and marine emergency 
radio frequencies.

    (a) The transmission of carriers or other signal components capable 
of delivering peak power levels equal to or greater than 
10-\5\ watts at any point in a cable television system is 
prohibited within 100 kHz of the frequency 121.5 MHz, and is prohibited 
within 50 kHz of the two frequencies 156.8 MHz and 243.0 MHz.
    (b) At any point on a cable system from 405.925 MHz to 406.176 MHz 
analog transmissions are prohibited from delivering peak power levels 
equal to or greater than 10-\5\ watts. The transmission of 
digital signals in this range is limited to power levels measured using 
a root-mean-square detector of less than 10-\5\ watts in any 
30 kHz bandwidth over any 2.5 millisecond interval.


Sec.  76.618  [Removed and Reserved]

0
10. Remove and reserve Sec.  76.618.


Sec.  76.619  [Removed and Reserved]

0
11. Remove and reserve Sec.  76.619.


Sec.  76.620  [Removed and Reserved]

0
12. Remove and reserve Sec.  76.620.

0
13. Section 76.1510 is revised to read as follows:


Sec.  76.1510  Application of certain Title VI provisions.

    The following sections within part 76 shall also apply to open 
video systems: Sec. Sec.  76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, 
and 76.1802 (Equal Employment Opportunity Requirements); Sec. Sec.  
76.503 and 76.504 (ownership restrictions); Sec.  76.981 (negative 
option billing); and Sec. Sec.  76.1300, 76.1301 and 76.1302 
(regulation of carriage agreements); Sec.  76.611 (signal leakage 
restrictions); Sec.  76.1803 and 76.1804 (signal leakage monitoring and 
aeronautical frequency notifications); provided, however, that these 
sections shall apply to open video systems only to the extent that they 
do not conflict with this subpart S. Section 631 of the Communications 
Act (subscriber privacy) shall also apply to open video systems.

PART 78--CABLE TELEVISION RELAY SERVICE

0
14. 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.


0
15. Section 78.19 is amended by revising paragraph (f)(2)(ii) to read 
as follows:


Sec.  78.19  Interference.

* * * * *
    (f) * * *
    (2) * * *
    (ii) Within the rectangular areas defined as follows (vicinity of 
Denver, CO):

Rectangle 1:
    41[deg]30'00'' N. Lat. on the north
    103[deg]10'00'' W. Long. on the east
    38[deg]30'00'' N. Lat. on the south
    106[deg]30'00'' W. Long. on the west

Rectangle 2:
    38[deg]30'00'' N. Lat. on the north
    105[deg]00'00'' W. Long. on the east
    37[deg]30'00'' N. Lat. on the south
    105[deg]50'00'' W. Long. on the west

Rectangle 3:
    40[deg]08'00'' N. Lat. on the north
    107[deg]00'00'' W. Long. on the east
    39[deg]56'00'' N. Lat. on the south
    107[deg]15'00'' W. Long. on the west
* * * * *
0
16. Section 78.27 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  78.27  License conditions.

* * * * *
    (b) * * *
    (1) The licensee of a CARS station shall notify the Commission in 
writing when the station commences operation. Such notification shall 
be submitted on or before the last day of the authorized one year 
construction period; otherwise, the station license shall be 
automatically forfeited.
* * * * *

0
17. Add Sec.  78.30 to read as follows:


Sec.  78.30  Forfeiture and termination of station authorizations.

    (a) A CARS license will be automatically forfeited in whole or in 
part without further notice to the licensee upon the voluntary removal 
or alteration of the facilities, so as to render the station not 
operational for a period of 30 days or more.
    (b) If a station licensed under this part discontinues operation on 
a permanent basis, the licensee must cancel the license. For purposes 
of this section, any station which has not operated for one year or 
more is considered to have been permanently discontinued.

[FR Doc. 04-21513 Filed 9-27-04; 8:45 am]
BILLING CODE 6712-01-P