[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Rules and Regulations]
[Pages 31372-31374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10658]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 23, 25, 73, 74, 78, 95, and 97

[DA 05-1075)


Editorial Modifications of the Commission's Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends twelve sections of the Commission's Rules 
by updating the postal address of the Arecibo Radio Astronomy 
Observatory near Arecibo, Puerto Rico.

DATES: Effective April 14, 2005.

FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering 
and Technology, (202) 418-2452.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
ET Docket No. 96-2, RM-8165, adopted April 13, 2005 and released April 
14, 2005. The full text of this document is available on the 
Commission's Internet site at http://www.fcc.gov. It is also 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 full text of this document also may be purchased from the 
Commission's duplication contractor, Best Copy and Printing Inc., 
Portals II, 445 12th St., SW., Room CY-B402, Washington, DC 20554; 
telephone (202) 488-5300; fax (202) 488-5563; e-mail [email protected].

Summary of the Order

    1. In the Order, the Office of the Managing Director (``OMD'') 
amends twelve sections of the Commission's Rules by updating the postal 
address of the Arecibo Radio Astronomy Observatory (``Observatory'') 
near Arecibo, Puerto Rico.
    2. In October 1997, the Commission established a Coordination Zone 
covering the islands of Puerto Rico, Desecheo, Mona, Vieques, and 
Culebra within the Commonwealth of Puerto Rico. The Coordination Zone 
requires applicants for new and modified radio facilities in various 
communications services within the Coordination Zone to provide 
notification of their proposed operations to the Observatory at the 
time their applications are submitted to the Commission.
    3. On March 4, 2005, Counsel for Cornell University (``Cornell''), 
operator of the Observatory, informed the Commission's Office of 
Engineering and Technology (OET) that the postal address for the 
Observatory had changed, and the Post Office is no longer forwarding 
mail sent to the old address listed in the Commission's Rules. 
Accordingly, Counsel for Cornell requests that the postal address for 
the Observatory be amended in all applicable Commission Rules to 
``Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo, 
Puerto Rico 00612.''
    4. Authority for adoption of the foregoing revisions is contained 
in 47 CFR 0.231(b).
    5. Amending the postal address for the Observatory in all 
applicable Commission rules is ministerial and does not change the 
substance of the rule or any party's obligations or rights, and thus 
can be undertaken under OMD delegated authority without a notice and 
comment period rulemaking. OMD has examined the entirety of the 
Commission's rules and finds twelve sections that require amendment to 
reflect the Observatory's new postal address.

Ordering Clauses

    6. Pursuant to section 4(i) and 4(j) of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i) and 154(j), and sections 0.11 and 
0.231 of the Commission's rules, 47 CFR 0.11 and 0.231, the Order and 
the rules specified in the Appendix, are amended, effective April 14, 
2005.

List of Subjects

47 CFR Part 1

    Postal Service, reporting and recordkeeping requirements.

47 CFR Parts 23, 25, 73, 74, 78, 95, and 97

    Reporting and recordkeeping requirements.

Federal Communications Commission.
Andrew S. Fishel,
Managing Director.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 1, 23, 25, 73, 74, 78, 95 and 97 to read 
as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).

0
2. Section 1.924 is amended by revising paragraph (d) introductory text 
to read as follows:


Sec.  1.924  Quiet zones.

* * * * *
    (d) Notification to the Arecibo Observatory. The requirements in 
this section are intended to minimize possible interference at the 
Arecibo Observatory in Puerto Rico. Licensees must make reasonable 
efforts to protect the Observatory from interference. Licensees 
planning to construct and operate a new station at a permanent fixed 
location on the islands of Puerto Rico, Desecheo, Mona, Vieques or 
Culebra in services in which individual station licenses are issued by 
the FCC; planning to construct and operate a new station at a permanent 
fixed location on these islands that may cause interference to the 
operations of the Arecibo Observatory in services in which individual 
station licenses are not issued by the FCC; or planning a modification 
of any existing station at a permanent fixed location on these islands 
that would increase the likelihood of causing interference to the 
operations of the Arecibo Observatory must notify the Interference 
Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, 
in writing or electronically (e-mail address: [email protected]), of the 
technical parameters of the planned operation. Carriers may wish to use 
the interference guidelines provided by Cornell University as guidance 
in designing facilities to avoid interference to the Observatory. The 
notification must include identification of the geographical 
coordinates of the antenna location (NAD-83 datum), the antenna height, 
antenna directivity (if any), proposed channel and FCC Rule Part, type 
of emission, and effective isotropic radiated power.
* * * * *

PART 23--INTERNATIONAL FIXED PUBLIC RADIOCOMMUNICATION SERVICES

0
3. The authority citation for part 23 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47 
U.S.C. 154, 303. Interpret or apply sec. 301, 48 Stat. 1081; 47 
U.S.C. 301.

[[Page 31373]]


0
4. Section 23.20 is amended by revising paragraph (f) introductory text 
to read as follows:


Sec.  23.20  Assignment of frequencies.

* * * * *
    (f) Any applicant for a new permanent base or fixed station to be 
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and 
Culebra, or for a modification of an existing authorization which would 
change the frequency, power, antenna height, directivity, or location 
of a station on these islands and would increase the likelihood of the 
authorized facility causing interference, shall notify the Interference 
Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, 
in writing or electronically, of the technical parameters of the 
proposal. Applicants may wish to consult interference guidelines, which 
will be provided by Cornell University. Applicants who choose to 
transmit information electronically should e-mail to: [email protected].
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
5. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 
301, 302, 303, 307, 309 and 332 of the Communications Act, as 
amended. 47 U.S.C. Sections 154(i), 301, 302, 303, 307, 309 and 332, 
unless otherwise noted.

0
6. Section 25.203 is amended by revising paragraph (i) introductory 
text to read as follows:


Sec.  25.203  Choice of sites and frequencies.

* * * * *
    (i) Any applicant for a new permanent transmitting fixed earth 
station authorization to be located on the islands of Puerto Rico, 
Desecheo, Mona, Vieques, and Culebra, or for a modification of an 
existing authorization which would change the frequency, power, antenna 
height, directivity, or location of such station on these islands and 
would increase the likelihood of the authorized facility causing 
interference, shall notify the Interference Office, Arecibo 
Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, in writing or 
electronically, of the technical parameters of the proposal. Applicants 
may wish to consult interference guidelines, which will be provided by 
Cornell University. Applicants who choose to transmit information 
electronically should e-mail to: [email protected].
* * * * *

PART 73--RADIO BROADCAST SERVICES

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

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


0
8. Section 73.1030 is amended by revising paragraph (a)(2) introductory 
text to read as follows:


Sec.  73.1030  Notifications concerning interference to radio 
astronomy, research and receiving installations.

    (a) * * *
    (2) Any applicant for a new permanent base or fixed station 
authorization to be located on the islands of Puerto Rico, Desecheo, 
Mona, Vieques, and Culebra, or for a modification of an existing 
authorization which would change the frequency, power, antenna height, 
directivity, or location of a station on these islands and would 
increase the likelihood of the authorized facility causing 
interference, shall notify the Interference Office, Arecibo 
Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, in writing or 
electronically, of the technical parameters of the proposal. Applicants 
may wish to consult interference guidelines, which will be provided by 
Cornell University. Applicants who choose to transmit information 
electronically should e-mail to: [email protected].
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
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 74.24 is amended by revising paragraph (j)(1) to read as 
follows:


Sec.  74.24  Short-term operation.

* * * * *
    (j)(1) This paragraph applies only to operations which will 
transmit on frequencies under 15 GHz. Prior to commencing short-term 
operation of a remote pickup broadcast station, a remote pickup 
automatic relay station, an aural broadcast STL station, an aural 
broadcast intercity relay station, a TV STL station, a TV intercity 
relay station, a TV translator relay station, a TV pickup station, or a 
TV microwave booster station within the 4-mile (6.4 kilometer) radius 
Commonwealth of Puerto Rico Protection Zone (centered on NAD-83 
Geographical Coordinates North Latitude 18[deg] 20' 38.28'', West 
Longitude 66[deg] 45' 09.42''), an applicant must notify the Arecibo 
Observatory, located near Arecibo, Puerto Rico. Operations within the 
Puerto Rico Coordination Zone (i.e., on the islands of Puerto Rico, 
Desecheo, Mona, Vieques, or Culebra), but outside the Protection Zone, 
whether short term or long term, shall provide notification to the 
Arecibo Observatory prior to commencing operation. Notification should 
be directed to the following: Interference Office, Arecibo Observatory, 
HC3 Box 53995, Arecibo, Puerto Rico 00612, Tel. (809) 878-2612, Fax 
(809) 878-1861, E-mail [email protected].
* * * * *

PART 78--CABLE TELEVISION RELAY SERVICE

0
11. 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
12. Section 78.19 is amended by revising paragraph (c)(2) introductory 
text to read as follows:


Sec.  78.19  Interference.

* * * * *
    (c) * * *
    (2) Any applicant for a new permanent base or fixed station 
authorization to be located on the islands of Puerto Rico, Desecheo, 
Mona, Vieques, and Culebra, or for a modification of an existing 
authorization which would change the frequency, power, antenna height, 
directivity, or location of a station on these islands and would 
increase the likelihood of the authorized facility causing 
interference, shall notify the Interference Office, Arecibo 
Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, in writing or 
electronically, of the technical parameters of the proposal. Applicants 
may wish to consult interference guidelines, which will be provided by 
Cornell University. Applicants who choose to transmit information 
electronically should e-mail to: [email protected].
* * * * *

[[Page 31374]]

PART 95--PERSONAL RADIO SERVICES

0
13. The authority citation for part 95 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303.

0
14. Section 95.192 is amended by revising paragraph (d) introductory 
text to read as follows:


Sec.  95.192  (FRS Rule 2) Authorized Locations.

* * * * *
    (d) Anyone intending to operate an FRS unit on the islands of 
Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that 
could pose an interference threat to the Arecibo Observatory, shall 
notify the Interference Office, Arecibo Observatory, HC3 Box 53995, 
Arecibo, Puerto Rico 00612, in writing or electronically, of the 
location of the unit. Operators may wish to consult interference 
guidelines, which will be provided by Cornell University. Operators who 
choose to transmit information electronically should e-mail to: 
[email protected].
* * * * *

0
15. Section 95.206 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec.  95.206  (R/C Rule 6) Are there any special restrictions on the 
location of my R/C station?

* * * * *
    (c) Anyone intending to operate an R/C station on the islands of 
Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that 
could pose an interference threat to the Arecibo Observatory shall 
notify the Interference Office, Arecibo Observatory, HC3 Box 53995, 
Arecibo, Puerto Rico 00612, in writing or electronically, of the 
location of the unit. Operators may wish to consult interference 
guidelines, which will be provided by Cornell University. Operators who 
choose to transmit information electronically should e-mail to: 
[email protected].
* * * * *

0
16. Section 95.405 is amended by revising paragraph (d) introductory 
text to read as follows:


Sec.  95.405  (CB Rule 5) Where may I operate my CB station?

* * * * *
    (d) Anyone intending to operate a CB station on the islands of 
Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that 
could pose an interference threat to the Arecibo Observatory shall 
notify the Interference Office, Arecibo Observatory, HC3 Box 53995, 
Arecibo, Puerto Rico 00612, in writing or electronically, of the 
location of the unit. Operators may wish to consult interference 
guidelines, which will be provided by Cornell University. Operators who 
choose to transmit information electronically should e-mail to: 
[email protected].
* * * * *

0
17. Section 95.1003 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec.  95.1003  Authorized locations.

* * * * *
    (c) Anyone intending to operate an LPRS transmitter on the islands 
of Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that 
could pose an interference threat to the Arecibo Observatory shall 
notify the Interference Office, Arecibo Observatory, HC3 Box 53995, 
Arecibo, Puerto Rico 00612, in writing or electronically, of the 
location of the unit. Operators may wish to consult interference 
guidelines, which will be provided by Cornell University. Operators who 
choose to transmit information electronically should e-mail to: 
[email protected].
* * * * *

0
18. Section 95.1303 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec.  95.1303  Authorized locations.

* * * * *
    (c) Anyone intending to operate a MURS unit on the islands of 
Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that 
could pose an interference threat to the Arecibo Observatory shall 
notify the Interference Office, Arecibo Observatory, HC3 Box 53995, 
Arecibo, Puerto Rico 00612, in writing or electronically, of the 
location of the unit. Operators may wish to consult interference 
guidelines, which will be provided by Cornell University. Operators who 
choose to transmit information electronically should e-mail to: 
[email protected].
* * * * *

PART 97--AMATEUR RADIO SERVICE

0
19. 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.


0
20. Section 97.205 is amended by revising paragraph (h) introductory 
text to read as follows:


Sec.  97.205  Repeater station.

* * * * *
    (h) The provisions of this paragraph do not apply to repeaters that 
transmit on the 1.2 cm or shorter wavelength bands. Before establishing 
a repeater within 16 km (10 miles) of the Arecibo Observatory or before 
changing the transmitting frequency, transmitter power, antenna height 
or directivity of an existing repeater, the station licensee must give 
written notification thereof to the Interference Office, Arecibo 
Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, in writing or 
electronically, of the technical parameters of the proposal. Licensees 
who choose to transmit information electronically should e-mail to: 
[email protected].
* * * * *
[FR Doc. 05-10658 Filed 5-31-05; 8:45 am]
BILLING CODE 6712-01-P