[Federal Register Volume 77, Number 248 (Thursday, December 27, 2012)]
[Proposed Rules]
[Pages 76250-76287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31049]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 77, No. 248 / Thursday, December 27, 2012 / 
Proposed Rules

[[Page 76250]]



FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 74, 87, 90, and 97

[ET Docket No. 12-338; FCC 12-140]


WRC-07 Implementation

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the Commission's rules to 
implement allocation decisions from the World Radiocommunication 
Conference (Geneva, 2007) (WRC-07), make other allocation changes that 
are not related to WRC-07, and make certain updates to its service 
rules. The proposed actions are designed to conform the Commission's 
rules to the WRC-07 Final Acts and to provide significant benefits to 
the American public.

DATES: Comments must be filed on or before February 25, 2013, and reply 
comments must be filed on or before March 27, 2013.

FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and 
Technology, (202) 418-2450, email: tom.mooring@fcc.gov, TTY (202) 418-
2989.

ADDRESSES: You may submit comments, identified by ET Docket No. 12-338, 
by any of the following methods:
    [ssquf] Federal Communications Commission's Web Site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
    [ssquf] Mail: Tom Mooring, Office of Engineering and Technology, 
Room 7-A123, Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554.
    [ssquf] People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, ET Docket No. 12-338, FCC 12-140, adopted 
November 15, 2012, and released November 19, 2012. The full text of 
this document is available for inspection and copying during normal 
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, Best Copy 
and Printing, Inc., 445 12th Street SW., Room, CY-B402, Washington, DC 
20554. The full text may also be downloaded at: www.fcc.gov. Pursuant 
to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 
1.419, interested parties may file comments and reply comments on or 
before the dates indicated on the first page of this document. Comments 
may be filed using the Commission's Electronic Comment Filing System 
(ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 
63 FR 24121 (1998).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
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. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    [ssquf] 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.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to fcc504@fcc.gov or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Summary of Notice of Proposed Rulemaking

    1. In the Notice of Proposed Rulemaking (NPRM), the Commission 
proposed to amend parts 1, 2, 74, 78, 87, 90, and 97 of its rules to 
implement allocation decisions from the World Radiocommunication 
Conference (Geneva, 2007) (WRC-07) concerning portions of the radio 
frequency (RF) spectrum between 108 MHz and 20.2 GHz and to make 
certain updates to its rules in this frequency range. The NPRM follows 
the Commission's July 2010 WRC-07 Table Clean-up Order, which made 
certain non-substantive, editorial revisions to the Table of Frequency 
Allocations (Allocation Table) and to other related rules. The 
Commission also addressed the recommendations for implementation of the 
WRC-07 Final Acts that the National Telecommunications and Information 
Administration (NTIA) submitted to the Commission in August 2009. As 
part of its comprehensive review of the Allocation Table, the 
Commission also proposed to make allocation changes that are not 
related to the WRC-07 Final Acts and update certain service rules, and 
requested comment on other allocation issues that concern portions of 
the RF spectrum between 137.5 kHz and 54.25 GHz.
    2. Specifically, the Commission proposed to:
     Raise the secondary amateur service allocation in the 
1900-2000 kHz band to primary status, remove the Federal and non-
Federal radiolocation service (RLS) allocations from this band, and 
remove this band from Sec. Sec.  90.103, 97.301, and 97.303.
     Allocate the 108-117.975 MHz band to the aeronautical 
mobile route

[[Page 76251]]

(R) service (AM(R)S) on a primary basis for Federal/non-Federal shared 
use, limited to systems operating in accordance with recognized 
international aeronautical standards and Resolution 413 (Rev.WRC-07), 
and in the 108-112 MHz sub-band, to systems composed of ground-based 
transmitters and associated receivers that provide navigational 
information in support of air navigation functions. Further, the 
Commission proposed to prohibit the proposed AMR(R)S use from 
constraining the use of the 88-108 MHz band by stations in the 
broadcasting service (FM radio stations) operating in accordance with 
47 CFR part 73.
     Allocate the 156.4875-156.5125 MHz and 156.5375-156.5625 
MHz bands to the fixed and land mobile services on a primary basis for 
non-Federal use, subject to not causing harmful interference to, nor 
claiming protection from, the maritime mobile VHF radiocommunication 
service, and with the licensing of this spectrum restricted to the area 
consisting of VHF Public Coast Station Areas 10-42. The NPRM also 
requested comment on whether additional areas can be licensed while 
fully protecting VHF Channel 70 reception.
     Allocate the 156.5125-156.5375 MHz band to the maritime 
mobile service (MMS) on a primary basis for Federal and non-Federal 
use, restricted to the following types of operations: Distress, 
urgency, safety, and calling via Digital Selective Calling (DSC) 
techniques.
     Make the frequencies 156.525 MHz and 156.8 MHz available 
for search and rescue (SAR) operations concerning manned space 
vehicles.
     Make the frequency 156.3 MHz available for use by aircraft 
stations for the purpose of SAR operations and other safety-related 
communications, permit Federal ship and coast stations to operate on 
certain navigation frequencies (156.775 MHz and 156.825 MHz) on a 
primary basis, and simplify the U.S. Table by combining these proposed 
provisions with existing provisions in a new U.S. footnote (US52).
     Allocate the 161.9625-161.9875 MHz (AIS 1) and 162.0125-
162.0375 MHz (AIS 2) bands to the mobile-satellite service (MSS) on a 
secondary basis for Federal/non-Federal shared use for the reception of 
automatic identification system (AIS) emissions from stations operating 
in the maritime mobile service. The NPRM also solicited comment on 
whether the Commission should implement the WRC-12 allocation decisions 
with regard to the AIS 1 and AIS 2 bands, i.e., whether the Commission 
should allocate these bands to the aeronautical mobile (off-route) 
service (AM(OR)S) and the MSS (Earth-to-space) on a primary basis, 
restrict the use of these bands by the AM(OR)S to AIS emissions from 
SAR aircraft, and require that these operations not constrain the 
operation of allocated services in adjacent bands.
     Amend the quiet zone rules in Sec.  1.924(f) to reflect 
the areas listed in paragraph (a) of US270, limit its applicability to 
RLS systems, and move the revised text from paragraph (f) to paragraph 
(e).
     Amend NG120 by revising ``band 928-960 MHz'' and ``mobile 
operations'' to ``bands 928-929 MHz, 932-932.5 MHz, 941-941.5 MHz, and 
952-960 MHz'' and ``associated mobile operations,'' respectively, by 
deleting the phrase ``as specified in 47 CFR part 101.''
     Allocate the 960-1164 MHz band to the AM(R)S on a primary 
basis for Federal/non-Federal use to the 960-1164 MHz band and require 
that any AM(R)S systems operating in the 960-1164 MHz band not cause 
harmful interference to, claim protection from, or impose constraints 
on aeronautical radionavigation service (ARNS) systems operating in 
that band.
     Remove the conditional secondary non-Federal fixed-
satellite service (FSS) allocation from the 1390-1392 MHz and 1430-1432 
MHz bands.
     Delete the unused non-Federal aeronautical mobile 
telemetry (AMT) allocation in the 2310-2320 MHz band from US339 and 
remove non-Federal access to two unused frequencies (2312.5 MHz and 
2352.5 MHz) that are available for telemetry or telecommand operations 
of expendable and reusable launch vehicles.
     Update US203 to list the radio astronomy stations that 
observe in the 4800-4940 MHz and 14.47-14.5 GHz bands.
     Allocate the 5091-5150 MHz band to the aeronautical mobile 
service on a primary basis for Federal/non-Federal shared use, 
restricted to surface applications at airports, AMT transmissions, and 
aeronautical security transmissions. The NPRM proposed to restrict AMT 
use of the 5091-5150 MHz band to the 52 flight test areas listed in new 
footnote US111, except that additional locations may be authorized on a 
case-by-case basis. The NPRM requested comment on whether aeronautical 
security transmissions should be excluded from the list of permitted 
uses. The NPRM proposed to remove the precedence that the Microwave 
Landing System (MLS) currently has over other uses of the 5091-5150 MHz 
band and to extend the date after which no new assignments may be made 
to earth stations providing feeder links for non-geostationary MSS 
systems to January 1, 2016.
     Amend part 87 of the Commission's rules to bring the 
proposed AMT allocation in the 5091-5150 MHz band into immediate 
effect, remove all references to the 1525-1535 MHz and 2310-2345 MHz 
bands from part 87, and list the 2390-2395 MHz band in all appropriate 
rule sections.
     Raise the secondary Federal RLS allocation in the 9000-
9200 MHz and 9300-9500 MHz bands to primary status, allocate the 9300-
9500 MHz band to the Earth exploration-satellite service (EESS) 
(active) and the space research service (SRS) (active) on a primary 
basis for Federal use, allocate the 9800-9900 MHz band to the EESS 
(active) and SRS (active) on a secondary basis for Federal use, require 
that the use of these proposed allocations not cause harmful 
interference to existing primary operations, and limit active sensor 
use of the 9300-9500 MHz band to systems requiring more than 300 MHz of 
bandwidth.
     Allocate the 9300-9500 MHz and 9800-9900 MHz bands to the 
EESS (active) and the SRS (active) on a secondary basis for non-Federal 
use. The NPRM solicited comment on whether there is a non-Federal 
requirement for primary EESS (active) and SRS (active) allocations in 
the 9300-9500 MHz band.
     Amend US401 and Sec. Sec.  1.924, 74.32, and 78.19 of the 
Commission's rules by adding coordination areas in San Miguel, 
California and Guam for terrestrial operations in the 17.7-19.7 GHz 
band, consistent with a request by NTIA. The NPRM also proposed to 
amend US334 to limit primary Federal earth stations in the 17.8-18.3 
GHz and 19.3-19.7 GHz sub-bands to the Denver, Colorado; Washington, 
DC; San Miguel, California; and Guam areas.
     Amend Sec. Sec.  1.924, 74.32, and 78.19 to bring better 
consistency between these rules and to update these rules, e.g., to 
remove the Morrison, Colorado location from Sec.  78.19. The NPRM 
sought comment on whether the coordination requirements for 
Multichannel Video Programming Distributors (MVPD) operations in Sec.  
74.32, and references in Sec.  1.924 to MVPD operations pursuant to 
parts 74 and 78, should be removed from the Commission's rules.
     Allocate the 18-18.1 GHz band to the meteorological-
satellite service for space-to-Earth transmission on a primary basis.
     Update the list of radio astronomy stations in US388 that 
observe in the

[[Page 76252]]

81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands by removing the Five 
Colleges Radio Observatory and by adding the Heinrich Hertz 
Submillimeter Observatory, which is located at Mount Graham, Arizona. 
The NPRM proposed to require coordination within 150 kilometers of the 
new observatory at Mount Graham.
     Implement WRC-07's mandatory unwanted emission limits in 
the 22.55-23.55 GHz band for all new NGSO inter-satellite service 
systems, and requested comment on how these limits should apply to the 
incumbent licensees system on a going-forward basis.
     Implement WRC-07's mandatory unwanted emission limits for 
non-Federal FSS earth stations that transmit in the 49.7-50.2 GHz and 
50.4-50.9 GHz bands. The NPRM sought comment on how adoption of these 
mandatory unwanted emission limits for earth stations transmitting in 
the 49.7-50.2 GHz band will affect the implementation of the 
Commission's band plan for the 36-51.4 GHz band (V-band) and on whether 
and how these provisions should apply to existing licensees in these 
bands.
     Urge licensees of fixed stations in the 31-31.3 GHz band 
to limit the maximum elevation angle of the antenna main beam to 
20[deg] and to employ automatic transmitter power control (ATPC). The 
NPRM solicits comment on whether the Commission should adopt WRC-07's 
mandatory unwanted emission limit for the 31-31.3 GHz band or whether 
an alternative emission limit would be sufficient. The NRPM also 
requested comment on whether the aeronautical mobile service allocation 
should be removed from the 31-31.3 GHz band.
     Implement WRC-07's mandatory unwanted emission limits for 
future non-Federal fixed stations that transmit in the 51.4-52.6 GHz 
band.
     Urge operators in the 1390-1395 MHz and 1427-1452 MHz 
bands to comply with the non-mandatory unwanted emission levels 
specified in ITU Resolution 750 (except that Wireless Medical Telemetry 
Service devices would be excluded).
     Revise US265 by removing the phrase ``per 250 kHz,'' by 
adding the advisory language for fixed point-to-point systems, and by 
prohibiting point-to-multipoint use of the 10.6-10.68 GHz band. The 
NPRM also proposed to urge licensees to employ ATPC and to permit 
licensees holding a valid authorization as of the effective date of the 
Report and Order in this proceeding to continue to operate as 
authorized. The NPRM requested comment on whether the Commission 
should: (1) Prohibit fixed stations with main beam elevation angles 
greater than 20[deg] from transmitting on frequencies in the 10.6-10.68 
GHz band; (2) require fixed stations (using paired frequencies) to 
transmit on frequencies in the 10.6-10.68 GHz band using the lower 
elevation angle; (3) require the use of ATPC; (4) raise the maximum 
equivalent isotropically radiated power (EIRP) limit from 40 to 48 dBW; 
and (5) urge licensees to limit the off-axis EIRP above 20[deg] to -10 
dBW.
     Implement the spectrum sharing criteria adopted at WRC-07 
for the 36-37 GHz band (which is not currently licensed by the 
Commission).
     Renumber various footnotes in accordance with Commission 
policy, to replace various placeholder footnotes with the international 
footnotes adopted at WRC-07, remove duplicative rule/unneeded text, 
correct grammatical/typographical errors in the Commission's rules, and 
otherwise update the Commission's rules.
    3. In addition, the Commission solicited comment on whether it 
should:
     Allocate the 135.7-137.8 kHz band to the amateur radio 
service on a secondary basis, with amateur stations restricted to an 
EIRP of 1 watt and required to protect power line carrier (PLC) 
operations.
     Remove a lightly-used primary non-Federal AMT allocation 
in the 2345-2360 MHz band and an unused primary radionavigation service 
(RNS) allocation from the 24.75-25.05 GHz band. If the Commission 
decides to remove the RNS allocation from the 24.75-25.05 GHz band, 
then it would amend NG167 by employing the international footnote 5.535 
text in the 24.75-25.05 GHz band, remove the Part 87 cross reference 
from the Allocation Table, and remove the 24.75-25.05 GHz band from 
Sec. Sec.  87.173(b) and 87.187(x).

Initial Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\1\ the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on small entities by the policies and rules proposed in 
this NPRM. Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines specified in the NPRM for comments. The Commission will send 
a copy of this NPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration (SBA).\2\ In addition, 
the NPRM and IRFA (or summaries thereof) will be published in the 
Federal Register.\3\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996, (SBREFA) Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).
    \2\ See 5 U.S.C. 603(a).
    \3\ See 5 U.S.C. 603(a).
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A. Need for, and Objectives of, the Proposed Rules
    5. The Commission proposed to amend parts 1, 2, 74, 78, 87, 90, and 
97 of its rules to implement allocation decisions from the World 
Radiocommunication Conference (Geneva, 2007) (WRC-07) concerning the 
radio frequency (RF) spectrum between 108 MHz and 20.2 GHz and 
otherwise make certain updates to its rules in this frequency range. 
The rules proposed in this NPRM affect the frequency bands and radio 
services discussed in section D, below.
B. Legal Basis
    6. The proposed action is authorized under sections 1, 4, 301, 
302(a), and 303(b), (c), and (f) of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154, 301, 302(a), and 303(b), (c), and (f).
C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rule Will Apply
    7. 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 proposed rules, if adopted.\4\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \5\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\6\ 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).\7\
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    \4\ 5 U.S.C. 603(b)(3).
    \5\ 5 U.S.C. 601(6).
    \6\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small-business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), 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.''
    \7\ 15 U.S.C. 632.
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    Small Businesses, Small Organizations, and Small Governmental

[[Page 76253]]

Jurisdictions. Our action may, over time, affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three comprehensive, statutory small entity size 
standards.\8\ First, nationwide, there are a total of approximately 
27.5 million small businesses, according to the SBA.\9\ In addition, a 
``small organization'' is generally ``any not-for-profit enterprise 
which is independently owned and operated and is not dominant in its 
field.'' \10\ Nationwide, as of 2007, there were approximately 
1,621,315 small organizations.\11\ Finally, the term ``small 
governmental jurisdiction'' is defined generally as ``governments of 
cities, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' \12\ Census 
Bureau data for 2011 indicate that there were 89,476 local governmental 
jurisdictions in the United States.\13\ We estimate that, of this 
total, as many as 88,506 entities may qualify as ``small governmental 
jurisdictions.'' \14\ Thus, we estimate that most governmental 
jurisdictions are small.
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    \8\ See 5 U.S.C. 601(3)-(6).
    \9\ See SBA, Office of Advocacy, ``Frequently Asked Questions,'' 
web.sba.gov/faqs (last visited May 6, 2011; figures are from 2009).
    \10\ 5 U.S.C. 601(4).
    \11\ Independent Sector, The New Nonprofit Almanac & Desk 
Reference (2010).
    \12\ 5 U.S.C. 601(5).
    \13\ U.S. Census Bureau, Statistical Abstract of the United 
States: 2011, Table 427 (2007).
    \14\ The 2007 U.S. Census data for small governmental 
organizations are not presented based on the size of the population 
in each such organization. There were 89,476 small governmental 
organizations in 2007. If we assume that county, municipal, 
township, and school district organizations are more likely than 
larger governmental organizations to have populations of 50,000 or 
less, the total of these organizations is 52,125. If we make the 
same assumption about special districts and also assume that special 
districts are different from county, municipal, township, and school 
districts, in 2007 there were 37,381 special districts. Therefore, 
of the 89,476 small governmental organizations documented in 2007, 
as many as 89,506 may be considered small under the applicable 
standard. This data may overestimate the number of such 
organizations that has a population of 50,000 or less. U.S. CENSUS 
BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES 2011, Tables 427, 
426 (Data cited therein are from 2007).
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    Amateur Radio Service. Because ``small entities,'' as defined in 
the RFA, are not persons eligible for licensing in the amateur service, 
this proposed rule does not apply to ``small entities.'' Rather, it 
applies exclusively to individuals who are the control operators of 
amateur radio stations.
    Satellite Telecommunications and All Other Telecommunications. Two 
economic census categories address the satellite industry. The first 
category has a small business size standard of $15 million or less in 
average annual receipts, under SBA rules.\15\ The second has a size 
standard of $25 million or less in annual receipts.\16\
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    \15\ 13 CFR 121.201, North American Industry Classification 
System (``NAICS'') code 517410.
    \16\ 13 CFR 121.201, NAICS code 517919.
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    The category of Satellite Telecommunications ``comprises 
establishments primarily engaged in providing telecommunications 
services to other establishments in the telecommunications and 
broadcasting industries by forwarding and receiving communications 
signals via a system of satellites or reselling satellite 
telecommunications.'' \17\ Census Bureau data for 2007 show that 512 
Satellite Telecommunications firms operated for that entire year.\18\ 
Of this total, 464 firms had annual receipts of under $10 million, and 
18 firms had receipts of $10 million to $24,999,999.\19\ Consequently, 
the Commission estimates that the majority of Satellite 
Telecommunications firms are small entities that might be affected by 
our action.
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    \17\ U.S. Census Bureau, 2007 NAICS Definitions, ``517410 
Satellite Telecommunications.''
    \18\ See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&-_lang=en.
    \19\ See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&-_lang=en.
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    The second category, i.e. ``All Other Telecommunications'' 
comprises ``establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. 
Establishments providing Internet services or voice over Internet 
protocol (VoIP) services via client-supplied telecommunications 
connections are also included in this industry.'' \20\ For this 
category, Census Bureau data for 2007 show that there were a total of 
2,383 firms that operated for the entire year.\21\ Of this total, 2,347 
firms had annual receipts of under $25 million and 12 firms had annual 
receipts of $25 million to $49, 999,999.\22\ Consequently, the 
Commission estimates that the majority of All Other Telecommunications 
firms are small entities.
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    \20\ http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517919&search=2007%20NAICS%20Search.
    \21\ http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&-_lang=en.
    \22\ http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=900&-ds_name=EC0751SSSZ4&-_lang=en.
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D. Description of Projected Reporting, Record Keeping, and Other 
Compliance Requirements
    8. In the following paragraphs, we describe the proposals and their 
expected impact on small entities. First, we describe the proposed 
deletion of unused non-Federal allocations. Second, we describe all 
other proposed changes. We request comment on our analysis.
    9. Deletion of Unused Allocations. The NPRM proposed to delete the 
following unused allocations: (1) the radiolocation service (RLS) from 
the 1900-2000 kHz band; (2) the fixed-satellite service (FSS) from the 
1390-1392 MHz and 1430-1432 MHz bands; and (3) the aeronautical mobile 
service (AMS) (telemetry) from the 2310-2320 MHz band. Because there 
are no licensees operating stations in the aforementioned 
radiocommunication services and frequency bands, the proposed deletions 
will have no impact on small entities.
    10. The NPRM also solicited comment on deleting the aeronautical 
mobile service allocation from the 31-31.3 GHz band. Because there is 
no part 87 equipment authorized above 20 GHz, we believe that it is 
unlikely that this service would be used in the foreseeable future. 
Therefore, we believe that the proposed deletions will not affect small 
businesses.
    11. 135.7-137.8 kHz. The NPRM sought comment on whether this band 
should be allocated to the amateur service on a secondary basis. The 
only non-Federal use of this band is by Part 15 devices, such as Power 
Line Carrier (PLC) systems. If the band is allocated to the amateur 
service, amateur stations and PLC systems that operate PLC systems on 
electric transmission lines will most likely require coordination. We 
believe that any additional coordination requirements would have a de 
minimis impact on electric power companies.
    12. 156.4875-156.5625 MHz. The NPRM proposed to allocate the 
156.4875-156.5125 and 156.5375-156.5625 MHz bands to the fixed service 
(FS) and land mobile service on a primary basis for non-Federal use, 
subject to not causing harmful interference to, nor claiming protection 
from, the maritime mobile VHF

[[Page 76254]]

radiocommunication service. The NPRM also proposed to reallocate the 
156.5125-156.5375 MHz band to the MMS (distress, urgency, safety and 
calling via digital selective calling). Because all existing MMS 
licensees would be protected from any interference caused by the 
proposals, the only possible impact would be to the 20 call signs 
authorizing land mobile service use. Because 18 of these call signs are 
held by the State of Arizona; one is held by the County of Los Angeles, 
California (CA); and one is held by the City of La Mesa, CA, which has 
a population of 57,065 (2010 census), none of these licensees are small 
governmental jurisdictions.
    13. AIS satellite reception. The NPRM proposed to permit satellites 
to receive Automatic Identification System (AIS) transmissions. Because 
this use will not be protected from harmful interference due to the 
operation of terrestrial services, no small entity will be negatively 
impacted. We believe that there may be a positive impact on Orbcomm 
Inc., which is a small business, if this allocation is adopted.
    14. 108-117.975 MHz. The NPRM proposed to allocate the band to the 
aeronautical mobile route service (AM(R)S) on a primary basis and to 
add new footnote US197A to the U.S. Table. US197A states that AM(R)S 
use of the 108-117.975 MHz band must not: (1) Cause harmful 
interference to the aeronautical radionavigation service (ARNS) (see 
Resolution 413); and (2) constrain the use of the 88-108 MHz band by FM 
radio stations operating in accordance with 47 CFR part 73. Because all 
incumbent licensees would be protected from interference caused by the 
new allocation, there can be no significant economic impact on small 
entities.
    15. 960-1164 MHz. The NPRM proposed to allocate the band to the 
AM(R)S on a primary basis and to add RR 5.327A to the U.S. Table. RR 
5.327A states that AM(R)S use of the 960-1164 MHz band is limited to 
systems that operate in accordance with Resolution 417, which states 
that AM(R)S must not cause harmful interference to the ARNS. Because 
all incumbent licensees would be protected from interference caused by 
the new allocation, there can be no significant economic impact on 
small entities.
    16. 5091-5150 MHz. The NPRM proposed to allocate the band to the 
AMS on a primary basis and to add RR 5.444B to the U.S. Table. RR 
5.444B, inter alia, restricts AMS use of the 5091-5150 MHz band to: (1) 
AM(R)S systems operating in accordance with international aeronautical 
standards, limited to surface applications at airports, and in 
accordance with Resolution 748, which states that this AM(R)S use may 
not cause harmful interference to the ARNS; (2) AMT transmissions from 
aircraft stations in accordance with Resolution 418, which requires 
that AMT operations use the spectrum sharing criteria set forth in 
Annex 1 of that Resolution; and (3) aeronautical security transmissions 
in accordance with Resolution 419, which states that administrations, 
in making assignments, shall ensure that AM(R)S requirements take 
precedence over AMS applications. Currently, non-Federal use of the 
5091-5150 MHz band is limited to feeder uplinks for non-geostationary 
satellite orbit systems in the mobile-satellite service. No harmful 
interference is expected to the receivers on board the space stations.
    17. 1390-1395 and 1427-1435 MHz. The NPRM proposed to encourage 
licensees of stations authorized pursuant to parts 27 and 90 of the 
Commission's rules that transmit in the 1390-1395 MHz and 1427-1435 MHz 
band to comply with WRC-07's non-mandatory maximum values. The 
Commission has issued 64 call signs to 1 licensee (TerreStar 1.4 
Holdings LLC) for the 1390-1395 MHz band and 13 call signs to 2 
licensees (TerreStar 1.4 Holdings LLC and Mississippi State University) 
for the 1432-1435 MHz band. The Commission has issued 129 call signs to 
47 licensees in the 1427-1432 MHz band. We believe that many of the 
licensees operating in these bands are small entities and that any 
costs and/or administrative burdens associated with the proposal will 
not be significant or otherwise unduly burden those small entities.
    18. 1435-1452 MHz. The NPRM proposed to encourage operators of 
aeronautical mobile telemetry (AMT) stations that transmit in the 1435-
1452 MHz band to comply with WRC-07's non-mandatory unwanted emission 
level. The NPRM also request comment on whether AMT operators that can 
not meet this unwanted emission level should be required to seek their 
operational requirements in the 1452-1525 MHz band prior to operating 
in the 1435-1452 MHz band. As of April 24, 2012, the Commission has 
issued 23 calls to 13 licensees for stations in the Aeronautical and 
Fixed Service to operate in the 1435-1452 MHz band. We believe that at 
most 4 of these licensees are small businesses and that any costs and/
or administrative burdens associated with the proposal will not unduly 
burden or have a significant economic impact on those limited number of 
small entities.
    19. 9000-9200 MHz. The NPRM proposed to raise the secondary Federal 
RLS from secondary to primary status. Because non-Federal RLS use is 
authorized on the condition that it not cause harmful interference to 
the secondary Federal RLS, the upgrade of the Federal RLS can have no 
significant economic impact on small entities.
    20. 9300-9500 MHz. The NPRM proposed to raise the secondary Federal 
RLS from secondary to primary status and to also allocate the 9300-9500 
MHz band to the Earth exploration-satellite service (EESS) (active) and 
space research service (SRS) (active). Because non-Federal RLS use is 
authorized on the condition that it not cause harmful interference to 
the secondary Federal RLS, the upgrade of the Federal RLS can have no 
significant economic impact on small entities. We also believe that the 
proposed EESS (active) and SRS (active) allocations will have no 
significant economic impact on small entities.
    21. 9800-9900 MHz. The NPRM proposed to allocate the 9300-9500 MHz 
band to the EESS (active) and SRS (active) on a secondary basis. 
Because non-Federal RLS use is on a secondary basis to Federal RLS, we 
do believe that the proposed additional uses will have no significant 
economic impact on small entities.
    22. 10.6-10.68 GHz. The NPRM proposed to limit the power supplied 
to the antenna to -3 dBW (instead of -3 dBW/250 kHz) and to add 
advisory language for fixed point-to-point systems. The NPRM also 
solicits comment on whether more stringent operating requirements 
should apply to future fixed stations operating in this band. Because 
most licensed fixed stations already meet the proposed -3 dBW 
requirement, we do not believe that this proposal will affect a 
substantial number of small entities. We also do not believe that the 
advisory language and more stringent operating requirements would 
affect a substantial number of small entities.
    23. GOES Expansion. The NPRM proposed to allocate the 18-18.1 GHz 
band to the meteorological-satellite service (space-to-Earth) on a 
primary basis. The use of this allocation is expected to be limited to 
three locations. This band is allocated to the non-Federal FS on a 
primary basis. If adopted, this proposal would limit future FS 
licensing near the receiving earth stations. We do not believe that 
this proposal will affect a substantial number of small entities.
    24. 22.55-23.55 GHz. The NPRM proposed to adopt the WRC-07's 
mandatory unwanted emission limits from all new non-geostationary 
satellite

[[Page 76255]]

orbit systems in the inter-satellite service transmitting in the 22.55-
23.55 GHz band, and requested comment on how these limits should apply 
to the only incumbent licensee's (Iridium's) satellites on a going-
forward basis. We do not believe that this proposal will affect a 
substantial number of small entities.
    25. 31-31.3 GHz. The NPRM proposed to urge licensees of fixed 
stations transmitting in the 31-31.3 GHz band to limit the maximum 
elevation angle of the antenna main beam to 20[deg] and to employ 
automatic transmitter power control. The NPRM also requested comment on 
whether the Commission adopt WRC-07's mandatory unwanted emission 
limits for these stations. As of April 24, 2012, the Commission has 
issued 852 call signs to operate in the 31-31.3 GHz band: 109 licenses 
(777 call signs) in the Local Multipoint Distribution Service (LMDS); 
19 licensees (23 call signs) in the Common Carrier Fixed Point-to-Point 
Microwave Service (CF) to 19 licensees; 9 licensees (9 call signs) in 
the Local Television Transmission Service (CT); 5 licensees (6 call 
signs) in the Microwave Public Safety Pool (MW); and 1 licensee (the 
State of Nevada, with 37 call signs) in the Microwave Industrial/
Business Pool (MG). We believe that many of the LMDS licensees are 
small businesses, that at most 2 of the CF licensees are small 
businesses, that at most 3 of the CT licensees are small businesses, 
that at most 1 of the MW licensees are small governmental 
jurisdictions, and that the sole MG licensee is not a small entity. We 
do not believe that any costs and/or administrative burdens associated 
with the proposal will unduly burden or have a significant economic 
impact on those limited number of small entities.
    26. 36-37, 49.7-40.2, 50.4-50.9, and 51.4-52.6 GHz. The NPRM 
proposed to adopt WRC-07's: 1) Spectrum sharing criteria for stations 
in the fixed and mobile services transmitting in the 36-37 GHz band; 2) 
mandatory unwanted emission limits for earth stations in the fixed-
satellite service transmitting in the 49.7-40.2 and 50.4-50.9 GHz 
bands; and 3) mandatory unwanted emission limits for fixed stations 
transmitting in the 51.4-52.6 GHz band. Because the Commission has not 
issued licenses for the 36-37 GHz, 49.7-40.2 GHz, 50.4-50.9 GHz, and 
51.4-52.6 GHz bands, these proposals will have no significant economic 
impact on small entities.
E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered
    27. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed 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 or reporting requirements under the rule for 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 small 
entities.\23\
---------------------------------------------------------------------------

    \23\ See 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    28. As we have explained in detail in section D, we do not expect 
that our proposals will have a significant economic impact on small 
entities. However, the NPRM requested comment on interference 
mitigation techniques, other than those adopted at WRC-07, which would 
lessen the long-term impact on all licensees in the 10.6-10.68 GHz, 
22.55-23.55 GHz, and 31-31.3 GHz bands, while fully protecting passive 
sensor operations.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule
    29. None.

Ordering Clauses

    30. Pursuant to sections 1, 4, 301, 302(a), and 303 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 301, 
302(a), and 303, and section 553(b)(B) of the Administrative Procedure 
Act, 5 U.S.C. 553(b)(B), this Notice of Proposed Rule Making is hereby 
adopted.
    31. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rule Making, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects in 47 CFR Parts 1, 2, 74, 78, 87, 90, and 97

    Communications equipment, International telecommunications, Radio, 
Satellites, Spectrum, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 1, 2, 74, 78, 
87, 90, and 97 as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 227, 303(r), and 309, and the Middle Class Tax Relief 
and Job Creation Act of 2012, Pub. L. No. 112-96.

    2. Section 1.924 is amended by revising paragraphs (e) and (f) to 
read as follows:


Sec.  1.924  Quiet zones.

* * * * *
    (e) 420-450 MHz band. Applicants for pulse-ranging radiolocation 
systems operating in the 420-450 MHz band along the shoreline of the 
conterminous United States and Alaska, and for spread spectrum 
radiolocation systems operating in the 420-435 MHz sub-band within the 
conterminous United States and Alaska, should not expect to be 
accommodated if their area of service is within:
    (1) Arizona, Florida, or New Mexico;
    (2) Those portions of California and Nevada that are south of 
latitude 37[deg]10' N;
    (3) That portion of Texas that is west of longitude 104[deg]W; or
    (4) The following circular areas:
    (i) 322 kilometers (km) of 30[deg]30' N, 86[deg]30' W
    (ii) 322 km of 28[deg]21' N, 80[deg]43' W
    (iii) 322 km of 34[deg]09' N, 119[deg]11' W
    (iv) 240 km of 39[deg]08' N, 121[deg]26' W
    (v) 200 km of 31[deg]25' N, 100[deg]24' W
    (vi) 200 km of 32[deg]38' N, 83[deg]35' W
    (vii) 160 km of 64[deg]17' N, 149[deg]10' W
    (viii) 160 km of 48[deg]43' N, 97[deg]54' W
    (ix) 160 km of 41[deg]45' N, 70[deg]32' W.

    Note to Sec.  1.924(e): The coordinates cited in this section 
are specified in terms of the ``North American Datum of 1983 (NAD 
83).''

    (f) 17.7-19.7 GHz band. The following exclusion areas and 
coordination areas are established to minimize or avoid harmful 
interference to Federal Government earth stations receiving in the 
17.7-19.7 GHz band:
    (1) No application seeking authority for fixed stations, under 
parts 74, 78, or 101 of this chapter, supporting the operations of 
Multichannel Video Programming Distributors (MVPD) in the 17.7-17.8 GHz 
band or to operate in the 17.8-19.7 GHz band for any service will be 
accepted for filing if the proposed station is located within 20 km (or 
within 55 km if the modification application is for an outdoor low 
power operation pursuant to Sec.  101.147(r)(14) of this chapter) of 
Denver, CO (39[deg]43' N,

[[Page 76256]]

104[deg]46' W) or Washington, DC (38[deg]48' N, 76[deg]52' W).
    (2) Any application for a new station license to provide MVPD 
operations in the 17.7-17.8 GHz band or to operate in the 17.8-19.7 GHz 
band for any service, or for modification of an existing station 
license in these bands which would change the frequency, power, 
emission, modulation, polarization, antenna height or directivity, or 
location of such a station, must be coordinated with the Federal 
Government by the Commission before an authorization will be issued, if 
the station or proposed station is located in whole or in part within 
any of the following areas:
    (i) Denver, CO area:
    (A) Between latitudes 41[deg]30' N and 38[deg]30' N and between 
longitudes 103[deg]10' W and 106[deg]30' W.
    (B) Between latitudes 38[deg]30' N and 37[deg]30' N and between 
longitudes 105[deg]00' W and 105[deg]50' W.
    (C) Between latitudes 40[deg]08' N and 39[deg]56' N and between 
longitudes 107[deg]00' W and 107[deg]15' W.
    (ii) Washington, DC area:
    (A) Between latitudes 38[deg]40' N and 38[deg]10' N and between 
longitudes 78[deg]50' W and 79[deg]20' W.
    (B) Within 178 km of 38[deg]48' N, 76[deg]52' W.
    (iii) San Miguel, CA area:
    (A) Between latitudes 34[deg]39' N and 34[deg]00' N and between 
longitudes 118[deg]52' W and 119[deg]24' W.
    (B) Within 200 km of 35[deg]44' N, 120[deg]45' W.
    (iv) Guam area: Within 100 km of 13[deg]35' N, 144[deg]51' E.
* * * * *

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

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

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

    4. Section 2.1 is amended in paragraph (c) by revising the 
definitions for ``Earth Exploration-Satellite Service (EESS)'' and 
``Equivalent Isotropically Radiated Power (e.i.r.p. or EIRP)'' to read 
as follows:


Sec.  2.1  Terms and definitions.

* * * * *
    (c) * * *
    Earth Exploration-Satellite Service (EESS). (1) A 
radiocommunication service between earth stations and one or more space 
stations, which may include links between space stations, in which:
    (i) Information relating to the characteristics of the Earth and 
its natural phenomena, including data relating to the state of the 
environment, is obtained from active sensors or passive sensors on 
Earth satellites;
    (ii) Similar information is collected from airborne or Earth-based 
platforms;
    (iii) Such information may be distributed to earth stations within 
the system concerned; and
    (iv) Platform interrogation may be included.
    (2) This service may also include feeder links necessary for its 
operation. (RR) (FCC)
* * * * *
    Equivalent Isotropically Radiated Power (e.i.r.p. or EIRP). The 
product of the power supplied to the antenna and the antenna gain in a 
given direction relative to an isotropic antenna (absolute or isotropic 
gain). (RR) (FCC)
* * * * *
    5. Section 2.100 is revised to read as follows:


Sec.  2.100  International regulations in force.

    The ITU Radio Regulations, Edition of 2008, have been incorporated 
to the extent practicable in Subparts A and B of this part.
    6. In Sec.  2.106, amend the Table of Frequency Allocations as 
follows:
    a. Pages 5, 20, 22-24, 30-33, 37, 40-41, 46-47, 49, 51-52, 55-56, 
58-60, and 62 are revised.
    b. In the list of United States (US) Footnotes, footnotes US52, 
US79, US85, US100, US111, US113, US139, US145, US156, US157, US161, 
US197A, US227, US228D, US338A, US475, US476A, US482, US532, and US550A 
are added; footnotes US74, US334, US343, US401, and US519 are revised; 
and footnotes US37, US48, US51, US66, US77, US78, US106, US203, US226, 
US228, US263, US265, US290, US339, US368, US388, US398, US400, US444, 
and US444A are removed.
    c. In the list of non-Federal Government (NG) Footnotes, footnotes 
NG22, NG35, NG60, and NG338A are added; and footnotes NG117, NG120, and 
NG144 are removed.


Sec.  2.106  Table of frequency allocations.

    The revisions and additions read as follows:
* * * * *
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* * * * *

United States (US) Footnotes

* * * * *
    US52 In the VHF maritime mobile band (156-162 MHz), the following 
provisions shall apply:
    (a) Federal stations in the maritime mobile service may also be 
authorized as follows: (1) Vessel traffic services under the control of 
the U.S. Coast Guard on a simplex basis by coast and ship stations on 
the frequencies 156.250 MHz (Channel 05), 156.550 MHz (Channel 11), 
156.600 MHz (Channel 12) and 156.700 MHz (Channel 14); (2) Inter-ship 
use of the frequency 156.300 MHz (Channel 06) on a simplex basis; (3) 
Navigational bridge-to-bridge and navigational communications on a 
simplex basis by coast and ship stations on the frequency 156.650 MHz 
(Channel 13) and on the Lower Mississippi River the frequency 156.375 
MHz (Channel 67); (4) Port operations use on a simplex basis by coast 
and ship stations on the frequencies 156.600 MHz and 156.700 MHz; (5) 
Environmental communications on the frequency 156.750 MHz (Channel 15) 
in accordance with the national plan; and (6) Duplex port operations 
use of the frequencies 157.000 MHz for ship stations and 161.600 MHz 
for coast stations (Channel 20).
    (b) The frequency 156.300 MHz may also be used by Federal and non-
Federal aircraft stations for the purpose of search and rescue 
operations and other safety-related communications.
    (c) The frequencies 156.775 MHz (Channel 75) and 156.825 MHz 
(Channel 76) are available on a primary basis to Federal and non-
Federal stations in the maritime mobile service for navigation-related 
port operations or ship movement only, and all precautions must be 
taken to avoid harmful interference to 156.800 MHz (Channel 16).
* * * * *
    US74 In the bands 25.55-25.67, 73-74.6, 406.1-410, 608-614, 1400-
1427, 1660.5-1670, 2690-2700, and 4990-5000 MHz, and in the bands 
10.68-10.7, 15.35-15.4, 23.6-24.0, 31.3-31.5, 86-92, 100-102, 109.5-
111.8, 114.25-116, 148.5-151.5, 164-167, 200-209, and 250-252 GHz, the 
radio astronomy service shall be protected from unwanted emissions only 
to the extent that such radiation exceeds the level which would be 
present if the offending station were operating in compliance with the 
technical standards or criteria applicable to the service in which it 
operates. Radio astronomy observations in these bands are performed at 
the locations listed in US385.
    US79 In the bands 1390-1400 MHz and 1427-1432 MHz, the following 
provisions shall apply:
    (a) Airborne and space-to-Earth operations are prohibited.
    (b) Federal operations (except for devices authorized by the FCC 
for the Wireless Medical Telemetry Service) are on a non-interference 
basis to non-Federal operations and shall not constrain implementation 
of non-Federal operations.
* * * * *
    US85 Differential-Global-Positioning-System (DGPS) Stations, 
limited to ground-based transmitters, may be authorized on a primary 
basis in the band 1559-1610 MHz for the specific purpose of 
transmitting DGPS information intended for aircraft navigation.
* * * * *
    US100 The bands 2310-2320 and 2345-2360 MHz are also available for 
Federal aeronautical telemetering and associated telecommand operations 
for flight testing of manned or unmanned aircraft, missiles or major 
components thereof on a secondary basis to the Wireless Communications 
Service (WCS). The band 2345-2360 MHz is also available to non-Federal 
applicants on a secondary basis to the WCS for these same purposes. The 
following two frequencies are shared on a co-equal basis by Federal 
stations for telemetering and associated telecommand operations of 
expendable and re-usable launch vehicles whether or not such operations 
involve flight testing: 2312.5 and 2352.5 MHz. Other Federal mobile 
telemetering uses may be provided on a non-interference basis to the 
above uses. The broadcasting-satellite service (sound) during 
implementation should also take cognizance of the expendable and 
reusable launch vehicle frequencies 2312.5 and 2352.5 MHz, to minimize 
the impact on this mobile service use to the extent possible.
* * * * *
    US111 In the band 5091-5150 MHz, aeronautical mobile telemetry 
operations for flight testing are conducted at the following locations. 
Flight testing at additional locations may be authorized on a case-by-
case basis.

----------------------------------------------------------------------------------------------------------------
                Location                             Test sites                  Lat. (N)          Long. (W)
----------------------------------------------------------------------------------------------------------------
Gulf Area Ranges Complex (GARC).........  Eglin AFB, Tyndall AFB, FL;              30[deg]28'         86[deg]31'
                                           Gulfport ANG Range, MS; Ft.
                                           Rucker, Redstone, NASA Marshall
                                           Space Flight Center, AL.
Utah Ranges Complex (URC)...............  Dugway PG; Utah Test & Training          40[deg]57'        113[deg]05'
                                           Range (Hill AFB), UT.
Western Ranges Complex (WRC)............  Pacific Missile Range;                   35[deg]29'        117[deg]16'
                                           Vandenberg AFB, China Lake
                                           NAWS, Pt. Mugu NAWS, Edwards
                                           AFB, Thermal, Nellis AFB, Ft.
                                           Irwin, NASA Dryden Flight
                                           Research Center, Victorville,
                                           CA.
Southwest Ranges Complex (SRC)..........  Ft. Huachuca, Tucson, Phoenix,           31[deg]33'        110[deg]18'
                                           Mesa, Yuma, AZ.
Mid-Atlantic Ranges Complex (MARC)......  Patuxent River, Aberdeen PG,             38[deg]17'         76[deg]24'
                                           NASA Langley Research Center,
                                           NASA Wallops Flight Facility,
                                           MD.
New Mexico Ranges Complex (NMRC)........  White Sands Missile Range,               32[deg]11'        106[deg]20'
                                           Holloman AFB, Albuquerque,
                                           Roswell, NM; Amarillo, TX.
Colorado Ranges Complex (CoRC)..........  Alamosa, Leadville, CO..........         37[deg]26'        105[deg]52'
Texas Ranges Complex (TRC)..............  Dallas/Ft. Worth, Greenville,            32[deg]53'         97[deg]02'
                                           Waco, Johnson Space Flight
                                           Center/Ellington Field, TX.
Cape Ranges Complex (CRC)...............  Cape Canaveral, Palm Beach-Dade,         28[deg]33'         80[deg]34'
                                           FL.
Northwest Range Complex (NWRC)..........  Seattle, Everett, Spokane, Moses         47[deg]32'        122[deg]18'
                                           Lake, WA; Klamath Falls,
                                           Eugene, OR.
St. Louis...............................  St Louis, MO....................         38[deg]45'         90[deg]22'
Wichita.................................  Wichita, KS.....................         37[deg]40'         97[deg]26'
Marietta................................  Marietta, GA....................         33[deg]54'         84[deg]31'
Glasgow.................................  Glasgow, MT.....................         48[deg]25'        106[deg]32'
Wilmington/Ridley.......................  Wilmington, DE/Ridley, PA.......         39[deg]49'         75[deg]26'

[[Page 76281]]

 
San Francisco Bay Area (SFBA)...........  NASA Ames Research Center, CA...         37[deg]25'        122[deg]03'
----------------------------------------------------------------------------------------------------------------

* * * * *
    US113 Radio astronomy observations of the formaldehyde line 
frequencies 4825-4835 MHz and 14.47-14.5 GHz may be made at certain 
radio astronomy observatories as indicated below:

                          Bands To Be Observed
------------------------------------------------------------------------
       4 GHz              14 GHz                   Observatory
------------------------------------------------------------------------
                X                       National Astronomy and
                                         Ionosphere Center (NAIC),
                                         Arecibo, PR.
                X                   X   National Radio Astronomy
                                         Observatory (NRAO), Green Bank,
                                         WV.
                X                   X   NRAO, Socorro, NM.
                X                       Allen Telescope Array (ATA), Hat
                                         Creek, CA.
                X                   X   Owens Valley Radio Observatory
                                         (OVRO), Big Pine, CA.
                X                   X   NRAO's ten Very Long Baseline
                                         Array (VLBA) stations (see
                                         US131).
                X                   X   University of Michigan Radio
                                         Astronomy Observatory,
                                         Stinchfield Woods, MI.
                X                       Pisgah Astronomical Research
                                         Institute, Rosman, NC.
------------------------------------------------------------------------

     Every practicable effort will be made to avoid the assignment of 
frequencies to stations in the fixed or mobile services in these bands. 
Should such assignments result in harmful interference to these 
observations, the situation will be remedied to the extent practicable.
* * * * *
    US139 Fixed stations authorized in the band 18.3-19.3 GHz that 
remain co-primary under the provisions of 47 CFR 74.502(c), 74.602(g), 
78.18(a)(4), and 101.147(r) may continue operations consistent with the 
provisions of those sections.
* * * * *
    US145 The following unwanted emission power limits from non-
geostationary satellite orbit systems in the inter-satellite service 
(NGSO ISS) transmitting in the band 22.55-23.55 GHz shall apply in any 
200 MHz of the passive band 23.6-24 GHz:
    (a) Non-Federal licensees holding a valid authorization on [insert 
effective date of R&O] to operate in this band may continue to operate 
as authorized, subject to proper license renewal.
    (b) For all other NGSO ISS systems, based on the date that complete 
advance publication information is received by the ITU's 
Radiocommunication Bureau, the following limits apply:
    (1) For information received before January 1, 2020: -36 dBW.
    (2) For information received on or after January 1, 2020: -46 dBW.
    US156 In the bands 49.7-50.2 GHz and 50.4-50.9 GHz, for earth 
stations in the fixed-satellite service (Earth-to-space), the unwanted 
emission power in the band 50.2-50.4 GHz shall not exceed -20 dBW/200 
MHz (measured at the input of the antenna), except that the maximum 
unwanted emission power may be increased to -10 dBW/200 MHz for earth 
stations having an antenna gain greater than or equal to 57 dBi. These 
limits apply under clear-sky conditions. During fading conditions, the 
limits may be exceeded by earth stations when using uplink power 
control.
    US157 In the band 51.4-52.6 GHz, for stations in the fixed service, 
the unwanted emission power in the band 52.6-54.25 GHz shall not exceed 
-33 dBW/100 MHz (measured at the input of antenna).
    US161 In the bands 81-86 GHz, 92-94 GHz, and 94.1-95 GHz and within 
the coordination distances indicated below, assignments to allocated 
services shall be coordinated with the following radio astronomy 
observatories. New observatories shall not receive protection from 
fixed stations that are licensed to operate in the one hundred most 
populous urbanized areas as defined by the U.S. Census Bureau for the 
year 2000.
    (a) Within 25 km of the National Radio Astronomy Observatory's 
(NRAO's) Very Long Baseline Array (VLBA) Stations:

----------------------------------------------------------------------------------------------------------------
                 State                              VLBA station                 Lat. (N)          Long. (W)
----------------------------------------------------------------------------------------------------------------
AZ.....................................  Kitt Peak........................     31[deg]57'23''    111[deg]36'45''
CA.....................................  Owens Valley.....................     37[deg]13'54''    118[deg]16'37''
HI.....................................  Mauna Kea........................     19[deg]48'05''    155[deg]27'20''
IA.....................................  North Liberty....................     41[deg]46'17''    091[deg]34'27''
NH.....................................  Hancock..........................     42[deg]56'01''    071[deg]59'12''
NM.....................................  Los Alamos.......................     35[deg]46'30''    106[deg]14'44''
NM.....................................  Pie Town.........................     34[deg]18'04''    108[deg]07'09''
TX.....................................  Fort Davis.......................     30[deg]38'06''    103[deg]56'41''
VI.....................................  Saint Croix......................     17[deg]45'24''    064[deg]35'01''
WA.....................................  Brewster.........................     48[deg]07'52''    119[deg]41'00''
----------------------------------------------------------------------------------------------------------------

     (b) Within 150 km of the following observatories:

----------------------------------------------------------------------------------------------------------------
                 State                           Telescope and site              Lat. (N)          Long. (W)
----------------------------------------------------------------------------------------------------------------
AZ.....................................  Heinrich Hertz Submillimeter          32[deg]42'06''    109[deg]53'28''
                                          Observatory, Mt. Graham.

[[Page 76282]]

 
AZ.....................................  University of Arizona 12-m            31[deg]57'12''    111[deg]36'53''
                                          Telescope, Kitt Peak.
CA.....................................  Caltech Telescope, Owens Valley..     37[deg]13'54''    118[deg]17'36''
CA.....................................  Combined Array for Research in        37[deg]16'43''    118[deg]08'32''
                                          Millimeter-wave Astronomy
                                          (CARMA).
HI.....................................  James Clerk Maxwell Telescope,        19[deg]49'33''    155[deg]28'47''
                                          Mauna Kea.
MA.....................................  Haystack Observatory, Westford...     42[deg]37'24''    071[deg]29'18''
NM.....................................  NRAO's Very Large Array, Socorro.     34[deg]04'44''    107[deg]37'06''
WV.....................................  NRAO's Robert C. Byrd Telescope,      38[deg]25'59''    079[deg]50'23''
                                          Green Bank.
----------------------------------------------------------------------------------------------------------------
Note: Satisfactory completion of the coordination procedure utilizing the automated mechanism, see 47 CFR
  101.1523, will be deemed to establish sufficient separation from radio astronomy observatories, regardless of
  whether the distances set forth above are met.

    US197A The band 108-117.975 MHz is also allocated on a primary 
basis to the aeronautical mobile (R) service (AM(R)S), limited to 
systems operating in accordance with recognized international 
aeronautical standards. Such use shall be in accordance with Resolution 
413 (Rev. WRC-07). AM(R)S use of the band 108-112 MHz shall be limited 
to systems composed of ground-based transmitters and associated 
receivers that provide navigational information in support of air 
navigation functions in accordance with recognized international 
aeronautical standards. AM(R)S use of the band 108-117.975 MHz shall 
not constrain the use of the band 88-108 MHz by stations in the 
broadcasting service operating in accordance with 47 CFR part 73.
* * * * *
    US227 The bands 156.4875-156.5125 MHz and 156.5375-156.5625 MHz are 
also allocated to the fixed and land mobile services on a primary basis 
for non-Federal use in VHF Public Coast Station Areas 10-42. The use of 
these bands by the fixed and land mobile services shall not cause 
harmful interference to, nor claim protection from, the maritime mobile 
VHF radiocommunication service.
    US228D The use of the bands 161.9625-161.9875 MHz (AIS 1 with 
center frequency 161.975 MHz) and 162.0125-162.0375 MHz (AIS 2 with 
center frequency 162.025 MHz) by the maritime mobile service is 
restricted to Automatic Identification Systems (AIS), except that non-
Federal stations in the band 161.9625-161.9875 MHz may continue to 
operate on a primary basis according to the following schedule: (a) In 
VHF Public Coast Service Areas (VPCSAs) 1-9, site-based stations 
licensed prior to November 13, 2006 may continue to operate until 
expiration of the license term for licenses in active status as of 
November 13, 2006; and (b) In VPCSAs 10-42, site-based stations 
licensed prior to March 2, 2009 may continue to operate until March 2, 
2024. See 47 CFR 80.371(c)(1)(ii) for the definition of VPCSAs.
* * * * *
    US334 In the band 17.8-20.2 GHz, Federal space stations in both 
geostationary (GSO) and non-geostationary satellite orbits (NGSO) and 
associated earth stations in the fixed-satellite service (FSS) (space-
to-Earth) may be authorized on a primary basis. For a Federal GSO FSS 
network to operate on a primary basis, the space station shall be 
located outside the arc, measured from east to west, 70-120[deg] West 
longitude. Coordination between Federal FSS systems and non-Federal 
space and terrestrial systems operating in accordance with the United 
States Table of Frequency Allocations is required.
    (a) In the sub-bands 17.8-18.3 GHz and 19.3-19.7 GHz, Federal earth 
stations shall be authorized on a primary basis only in the following 
areas: Denver, Colorado; Washington, DC; San Miguel, California; and 
Guam. Prior to the commencement of non-Federal terrestrial operations 
in these areas, the FCC shall coordinate all applications for new 
stations and modifications to existing stations with NTIA as specified 
in 47 CFR 1.924(f), 74.32, and 78.19(f).
    (b) In the sub-band 17.8-19.7 GHz, the power flux-density (pfd) at 
the surface of the Earth produced by emissions from a Federal GSO space 
station or from a Federal space station in a NGSO constellation of 50 
or fewer satellites, for all conditions and for all methods of 
modulation, shall not exceed the following values in any 1 MHz band:
    (1) -115 dB(W/m\2\) for angles of arrival above the horizontal 
plane ([delta]) between 0[deg] and 5[deg],
    (2) -115 + 0.5([delta] - 5) dB(W/m\2\) for [delta] between 5[deg] 
and 25[deg], and
    (3) -105 dB(W/m\2\) for [delta] between 25[deg] and 90[deg].
    (c) In the sub-band 17.8-19.3 GHz, the pfd at the surface of the 
Earth produced by emissions from a Federal space station in an NGSO 
constellation of 51 or more satellites, for all conditions and for all 
methods of modulation, shall not exceed the following values in any 1 
MHz band:

(1) -115-X dB(W/m\2\) for [delta] between 0[deg] and 5[deg],
(2) -115-X + ((10 + X)/20)([delta] - 5) dB(W/m\2\) for [delta] between 
5[deg] and 25[deg], and
(3) -105 dB(W/m\2\) for [delta] between 25[deg] and 90[deg]; where X is 
defined as a function of the number of satellites, n, in an NGSO 
constellation as follows:
    For n <= 288, X = (5/119) (n - 50) dB; and
    For n > 288, X = (1/69) (n + 402) dB.

* * * * *
    US338A In the band 1435-1452 MHz, operators of aeronautical 
telemetry stations are encouraged to take all reasonable steps to 
ensure that unwanted emission power does not exceed -28 dBW/27 MHz in 
the band 1400-1427 MHz.
* * * * *
    US343 In the mobile service, the frequencies between 1435 and 1525 
MHz will be assigned for aeronautical telemetry and associated 
telecommand operations for flight testing of manned or unmanned 
aircraft and missiles, or their major components. Permissible usage 
includes telemetry associated with launching and reentry into the 
Earth's atmosphere as well as any incidental orbiting prior to reentry 
of manned objects undergoing flight tests. The following frequencies 
are shared on a co-equal basis with flight telemetering mobile 
stations: 1444.5, 1453.5, 1501.5, 1515.5, and 1524.5 MHz.
* * * * *
    US401 In the band 17.7-17.8 GHz, Federal earth stations in the 
fixed-satellite service (space-to-Earth) may be authorized in the 
Denver, Colorado; Washington, DC; San Miguel, California; and Guam 
areas on a primary basis. Prior to commencement of operations in these 
areas, the FCC shall coordinate fixed service applications supporting 
Multichannel Video Programming Distributors (MVPD) with NTIA.
* * * * *
    US475 The use of the band 9300-9500 MHz by the aeronautical 
radionavigation service is limited to airborne radars and associated 
airborne beacons. In addition, ground-based radar beacons in the 
aeronautical

[[Page 76283]]

radionavigation service are permitted in the band 9300-9320 MHz on the 
condition that harmful interference is not caused to the maritime 
radionavigation service.
    US476A In the band 9300-9500 MHz, Federal stations in the Earth 
exploration-satellite service (active) and space research service 
(active) shall not cause harmful interference to, nor claim protection 
from, stations of the radionavigation and Federal radiolocation 
services.
    US482 In the band 10.6-10.68 GHz, the following provisions and 
urgings apply:
    (a) Non-Federal use of the fixed service shall be restricted to 
point-to-point systems, with each station supplying not more than -3 
dBW of transmitter power to the antenna and producing not more than 40 
dBW of EIRP. However, licensees holding a valid authorization on 
[insert effective date of R&O] to operate in this band may continue to 
operate as authorized, subject to proper license renewal.
    (b) In order to minimize interference to the Earth exploration-
satellite service (passive) receiving in this band, licensees of 
stations in the fixed service are urged to: (1) Limit the maximum 
transmitter power supplied to the antenna to -15 dBW; (2) limit the 
maximum elevation angle of the antenna main beam to 20[deg]; and (3) 
employ automatic transmitter power control (ATPC). The maximum 
transmitter power supplied to the antenna of stations using ATPC may be 
increased by a value corresponding to the ATPC range, up to a maximum 
of -3 dBW.
    US519 The band 18-18.3 GHz is also allocated to the meteorological-
satellite service (space-to-Earth) on a primary basis. Its use is 
limited to geostationary satellites and shall be in accordance with the 
provisions of Article 21, Table 21-4 of the ITU Radio Regulations.
    US532 In the bands 21.2-21.4 GHz, 22.21-22.5 GHz, and 56.26-58.2 
GHz, the space research and Earth exploration-satellite services shall 
not receive protection from the fixed and mobile services operating in 
accordance with the Table of Frequency Allocations.
    US550A In the band 36-37 GHz, the following provisions shall apply:
    (a) For stations in the mobile service, the transmitter power 
supplied to the antenna shall not exceed -10 dBW, except that the 
maximum transmitter power may be increased to -3 dBW for stations used 
for public safety and disaster management.
    (b) For stations in the fixed service, the elevation angle of the 
antenna main beam shall not exceed 20[deg] and the transmitter power 
supplied to the antenna shall not exceed:
    (1) -5 dBW for hub stations of point-to-multipoint systems; or
    (2) -10 dBW for all other stations, except that the maximum 
transmitter power of stations using automatic transmitter power control 
(ATPC) may be increased by a value corresponding to the ATPC range, up 
to a maximum of -7 dBW.

Non-Federal Government (NG) Footnotes

* * * * *
    NG22 The frequencies 156.050 and 156.175 MHz may be assigned to 
stations in the maritime mobile service for commercial and port 
operations in the New Orleans Vessel Traffic Service (VTS) area and the 
frequency 156.250 MHz may be assigned to stations in the maritime 
mobile service for port operations in the New Orleans and Houston VTS 
areas.
* * * * *
    NG35 Frequencies in the bands 928-929 MHz, 932-932.5 MHz, 941-941.5 
MHz, and 952-960 MHz may be assigned for multiple address systems and 
associated mobile operations on a primary basis.
* * * * *
    NG60 In the band 31-31.3 GHz, licensees of stations in the fixed 
service are urged to limit the maximum elevation angle of the antenna 
main beam to 20[deg] and to employ automatic transmitter power control.
* * * * *
    NG338A In the bands 1390-1395 MHz and 1427-1435 MHz bands, 
licensees are encouraged to take all reasonable steps to ensure that 
unwanted emission power does not exceed the following levels in the 
band 1400-1427 MHz:
    (a) For stations of point-to-point systems in the fixed service: -
45 dBW/27 MHz.
    (b) For stations in the mobile service (except for devices 
authorized by the FCC for the Wireless Medical Telemetry Service): -60 
dBW/27 MHz.
* * * * *

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

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

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

    8. Section 74.32 is revised to read as follows:


Sec.  74.32  Operation in the 17.7-17.8 GHz and 17.8-19.7 GHz bands.

    The following exclusion areas and coordination areas are 
established to minimize or avoid harmful interference to Federal 
Government earth stations receiving in the 17.7-19.7 GHz band:
    (a) No application seeking authority for fixed stations supporting 
the operations of Multichannel Video Programming Distributors (MVPD) in 
the 17.7-17.8 GHz band or to operate in the 17.8-19.7 GHz band for any 
service will be accepted for filing if the proposed station is located 
within 20 km of Denver, CO (39[deg]43' N, 104[deg]46' W) or Washington, 
DC (38[deg]48' N, 76[deg]52' W).
    (b) Any application for a new station license to provide MVPD 
operations in the 17.7-17.8 GHz band or to operate in the 17.8-19.7 GHz 
band for any service, or for modification of an existing station 
license in these bands which would change the frequency, power, 
emission, modulation, polarization, antenna height or directivity, or 
location of such a station, must be coordinated with the Federal 
Government by the Commission before an authorization will be issued, if 
the station or proposed station is located in whole or in part within 
any of the following areas:
    (1) Denver, CO area:
    (i) Between latitudes 41[deg]30' N and 38[deg]30' N and between 
longitudes 103[deg]10' W and 106[deg]30' W.
    (ii) Between latitudes 38[deg]30' N and 37[deg]30' N and between 
longitudes 105[deg]00' W and 105[deg]50' W.
    (iii) Between latitudes 40[deg]08' N and 39[deg]56' N and between 
longitudes 107[deg]00' W and 107[deg]15' W.
    (2) Washington, DC area:
    (i) Between latitudes 38[deg]40' N and 38[deg]10' N and between 
longitudes 78[deg]50' W and 79[deg]20' W.
    (ii) Within 178 km of 38[deg]48' N, 76[deg]52' W.
    (3) San Miguel, CA area:
    (i) Between latitudes 34[deg]39' N and 34[deg]00' N and between 
longitudes 118[deg]52' W and 119[deg]24' W.
    (ii) Within 200 km of 35[deg]44' N, 120[deg]45' W.
    (4) Guam area: Within 100 km of 13[deg]35' N, 144[deg]51' E.

    Note to Sec.  74.32: The coordinates cited in this section are 
specified in terms of the ``North American Datum of 1983 (NAD 83).''

PART 78--CABLE TELEVISION RELAY SERVICE

    9. 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,

[[Page 76284]]

1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152, 153, 154, 301, 303, 
307, 308, 309.

    10. Section 78.19 is amended by revising paragraph (f) to read as 
follows:


Sec.  78.19  Interference.

* * * * *
    (f) 17.7-19.7 GHz band. The following exclusion areas and 
coordination areas are established to minimize or avoid harmful 
interference to Federal Government earth stations receiving in the 
17.7-19.7 GHz band:
    (1) No application seeking authority to operate in the 17.7-19.7 
GHz band will be accepted for filing if the proposed station is located 
within 50 km of Denver, CO (39[deg]43' N, 104[deg]46' W) or Washington, 
DC (38[deg]48'N, 76[deg]52' W).
    (2) Any application seeking authority for a new fixed station 
license supporting the operations of Multichannel Video Programming 
Distributors (MVPD) in the 17.7-17.8 GHz band or to operate in the 
17.8-19.7 GHz band for any service, or for modification of an existing 
station license in these bands which would change the frequency, power, 
emission, modulation, polarization, antenna height or directivity, or 
location of such a station, must be coordinated with the Federal 
Government by the Commission before an authorization will be issued, if 
the station or proposed station is located in whole or in part within 
any of the following areas:
    (i) Denver, CO area:
    (A) Between latitudes 41[deg]30' N and 38[deg]30' N and between 
longitudes 103[deg]10' W and 106[deg]30' W.
    (B) Between latitudes 38[deg]30' N and 37[deg]30' N and between 
longitudes 105[deg]00' W and 105[deg]50' W.
    (C) Between latitudes 40[deg]08' N and 39[deg]56' N and between 
longitudes 107[deg]00' W and 107[deg]15' W.
    (ii) Washington, DC area:
    (A) Between latitudes 38[deg]40' N and 38[deg]10' N and between 
longitudes 78[deg]50' W and 79[deg]20' W.
    (B) Within 178 km of 38[deg]48' N, 76[deg]52' W.
    (iii) San Miguel, CA area:
    (A) Between latitudes 34[deg]39' N and 34[deg]00' N and between 
longitudes 118[deg]52' W and 119[deg]24' W.
    (B) Within 200 km of 35[deg]44' N, 120[deg]45' W.
    (iv) Guam area: Within 100 km of 13[deg]35' N, 144[deg]51' E.

    Note to Sec.  78.19(f): The coordinates cited in this section 
are specified in terms of the ``North American Datum of 1983 (NAD 
83).''

* * * * *

PART 87--AVIATION SERVICES

    11. The authority citation for Part 87 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303 and 307(e), unless otherwise 
noted.

    12. Section 87.5 is amended by adding in alphabetical order a 
definition for ``flight telemetering mobile station'' to read as 
follows:


Sec.  87.5  Definitions.

* * * * *
    Flight telemetering mobile station. A telemetering mobile station 
used for transmitting data from an airborne vehicle, excluding data 
related to airborne testing of the vehicle itself (or major components 
thereof).
* * * * *
    13. Section 87.133 is amended by revising paragraph (f) to read as 
follows:


Sec.  87.133  Frequency stability.

* * * * *
    (f) The carrier frequency tolerance of all transmitters operating 
in the 1435-1525 MHz and 2345-2395 MHz bands is 0.002 percent. The 
carrier frequency tolerance of all transmitters operating in the 5091-
5150 MHz band is 0.005 percent.
* * * * *
    14. Section 87.137 is amended by revising note 8 to the table of 
assignable emissions in paragraph (a) to read as follows:


Sec.  87.137  Types of emission.

    (a) * * *
    Notes:
* * * * *
    \8\ The authorized bandwidth is equal to the necessary bandwidth 
for frequency or digitally modulated transmitters used in 
aeronautical telemetering and associated aeronautical telemetry or 
telecommand stations operating in the 1435-1525 MHz, 2345-2395 MHz, 
and 5091-5150 MHz bands. The necessary bandwidth must be computed in 
accordance with part 2 of this chapter.
* * * * *
    15. Section 87.139 is amended by revising paragraph (a) 
introductory text, paragraph (d), and paragraphs (e) introductory text 
and (f) introductory text to read as follows:


Sec.  87.139  Emission limitations.

    (a) Except for ELTs and when using single sideband (R3E, H3E, J3E), 
or frequency modulation (F9) or digital modulation (F9Y) for telemetry 
or telecommand in the 1435-1525 MHz, 2345-2395 MHz, and 5091-5150 MHz 
bands or digital modulation (G7D) for differential GPS, the mean power 
of any emission must be attenuated below the mean power of the 
transmitter (pY) as follows:
* * * * *
    (d) Except for telemetry in the 1435-1525 MHz band, when the 
frequency is removed from the assigned frequency by more than 250 
percent of the authorized bandwidth for aircraft stations above 30 MHz 
and all ground stations the attenuation must be at least 43 + 10 
log10pY dB.
    (e) When using frequency modulation or digital modulation for 
telemetry or telecommand in the 1435-1525 MHz, 2345-2395 MHz, or 5091-
5150 MHz bands with an authorized bandwidth equal to or less than 1 MHz 
the emissions must be attenuated as follows:.
* * * * *
    (f) When using frequency modulation or digital modulation for 
telemetry or telecommand in the 1435-1525 MHz, 2345-2395 MHz, or 5091-
5150 MHz bands with an authorized bandwidth greater than 1 MHz, the 
emissions must be attenuated as follows:
* * * * *
    16. Section 87.173 is amended by revising the frequency table in 
paragraph (b) as follows:
    a. The entry for the 2310-2320 MHz band is removed.
    b. The entry for the 5000-5250 MHz band is removed.
    c. An entry for the 5030-5091 MHz band is added.
    d. Entries for the 5091-5150 MHz and 24450-24650 MHz bands are 
added.
    The additions read as follows:


Sec.  87.173  Frequencies.

* * * * *
    (b) Frequency table:

----------------------------------------------------------------------------------------------------------------
    Frequency or frequency band               Subpart                Class of station              Remarks
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5030-5091 MHz.....................  Q.........................  MA, RLW...................  Microwave landing
                                                                                             systems.
5031.000 MHz......................  Q.........................  RLT.......................  ....................
5091-5150 MHz.....................  J.........................  MA, FAT...................  Aeronautical
                                                                                             telemetry.
 

[[Page 76285]]

 
                                                  * * * * * * *
24450-24650 MHz...................  F, Q......................  MA, RL....................  Aeronautical
                                                                                             radionavigation.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    17. Section 87.187 is amended by revising paragraph (p) to read as 
follows:


Sec.  87.187  Frequencies.

* * * * *
    (p) The 1435-1525 MHz and 2360-2395 MHz bands are available on a 
primary basis and the 2345-2360 MHz band is available on a secondary 
basis for telemetry and telecommand associated with the flight testing 
of aircraft, missiles, or related major components. This includes 
launching into space, reentry into the Earth's atmosphere and 
incidental orbiting prior to reentry. In the 1435-1525 MHz band, the 
following frequencies are shared on a co-equal basis with flight 
telemetering mobile stations: 1444.5, 1453.5, 1501.5, 1515.5, and 
1524.5 MHz. In the 2360-2395 MHz band, the following frequencies may be 
assigned for telemetry and associated telecommand operations of 
expendable and re-usable launch vehicles, whether or not such 
operations involve flight testing: 2364.5, 2370.5 and 2382.5 MHz. See 
Sec.  87.303(d).

    Note to paragraph (p): Aeronautical telemetry operations must 
protect Miscellaneous Wireless Communications Services operating in 
the 2345-2360 MHz band.

* * * * *
    18. Section 87.303 is amended by revising paragraph (d) to read as 
follows:


Sec.  87.303  Frequencies.

* * * * *
    (d) Aeronautical mobile telemetry (AMT) operations are conducted in 
the 1435-1525 MHz, 2345-2395 MHz, and 5091-5150 MHz bands on a co-equal 
basis with U.S. Government stations.
    (1) Frequencies in the 1435-1525 MHz and 2360-2395 MHz bands are 
assigned in the mobile service primarily for aeronautical telemetry and 
associated telecommand operations for flight testing of aircraft and 
missiles, or their major components. The 2345-2360 MHz band is also 
available for these purposes on a secondary basis. Permissible uses of 
these bands include telemetry and associated telecommand operations 
associated with the launching and reentry into the Earth's atmosphere, 
as well as any incidental orbiting prior to reentry, of objects 
undergoing flight tests. In the 1435-1525 MHz band, the following 
frequencies are shared on a co-equal basis with flight telemetering 
mobile stations: 1444.5, 1453.5, 1501.5, 1515.5, and 1524.5 MHz. In the 
2360-2395 MHz band, the following frequencies may be assigned for 
telemetry and associated telecommand operations of expendable and re-
usable launch vehicles, whether or not such operations involve flight 
testing: 2364.5, 2370.5 and 2382.5 MHz. All other mobile telemetry uses 
of the 2360-2395 MHz band shall be on a non-interfering and unprotected 
basis to the above uses.
    (2) Frequencies in the 5091-5150 MHz band are assigned in the 
aeronautical mobile service on a primary basis for flight testing of 
aircraft. AMT use of these frequencies is restricted to aircraft 
stations transmitting to aeronautical stations (AMT ground stations) in 
the flight test areas listed in 47 CFR 2.106, footnote US111.
    (3) The authorized bandwidths for stations operating in the 1435-
1525 MHz, 2345-2395 MHz, and 5091-5150 MHz bands are normally 1, 3 or 5 
MHz. Applications for greater bandwidths will be considered in 
accordance with the provisions of Sec.  87.135. Each assignment will be 
centered on a frequency between 1435.5 MHz and 1524.5 MHz, between 
2345.5 MHz and 2394.5 MHz, or between 5091.5 MHz and 5149.5 MHz, with 1 
MHz channel spacing.
* * * * *
    19. Section 87.305 is amended by revising paragraph (a)(1) to read 
as follows:


Sec.  87.305  Frequency coordination.

    (a)(1) Each application for a new station license, renewal or 
modification of an existing license concerning flight test frequencies, 
except as provided in paragraph (b) of this section, must be 
accompanied by a statement from a frequency advisory committee. The 
committee must comment on the frequencies requested or the proposed 
changes in the authorized station and the probable interference to 
existing stations. The committee must consider all stations operating 
on the frequencies requested or assigned within 320 km (200 mi) of the 
proposed area of operation and all prior coordination and assignments 
on the proposed frequency(ies). The committee must also recommend 
frequencies resulting in the minimum interference. The Committee must 
coordinate in writing all requests for frequencies or proposed 
operating changes in the 1435-1525 MHz, 2345-2395 MHz, and 5091-5150 
MHz bands with the responsible Government Area Frequency Coordinators 
listed in the NTIA ``Manual of Regulations and Procedures for Federal 
Radio Frequency Management.'' In addition, committee recommendations 
may include comments on other technical factors and may contain 
recommended restrictions which it believes should appear on the 
license.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    20. 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), and 332(c)(7), and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.
    21. Section 90.103 is amended by revising the Kilohertz portion of 
the Radiolocation Service Frequency Table in paragraph (b) and by 
removing and reserving paragraphs (c)(25) through (28) to read as 
follows:


Sec.  90.103  Radiolocation Service.

* * * * *
    (b) * * *

[[Page 76286]]



                  Radiolocation Service Frequency Table
------------------------------------------------------------------------
        Frequency or band         Class of station(s)      Limitation
------------------------------------------------------------------------
                                Kilohertz
------------------------------------------------------------------------
70 to 90........................  Radiolocation land                   1
                                   or mobile.
90 to 110.......................  Radiolocation land.                  2
110 to 130......................  Radiolocation land                   1
                                   or mobile.
1705 to 1715....................  ......do...........            4, 5, 6
1715 to 1750....................  ......do...........               5, 6
1750 to 1800....................  ......do...........               5, 6
3230 to 3400....................  ......do...........               6, 8
------------------------------------------------------------------------
                                Megahertz
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

PART 97--AMATEUR RADIO SERVICE

    22. 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.

    23. Section 97.301 is amended by revising the kHz portion of the 
tables in paragraphs (b), (c), and (d) to read as follows:


Sec.  97.301  Authorized frequency bands.

* * * * *
    (b) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                   Sharing requirements see Sec.
       Wavelength band           ITU Region 1     ITU Region 2     ITU Region 3          97.303 (Paragraph)
----------------------------------------------------------------------------------------------------------------
              MF                     kHz              kHz              kHz        ..............................
----------------------------------------------------------------------------------------------------------------
160 m........................  1810-1850......  1800-2000......  1800-2000......  (a), (g)
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

     (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                   Sharing requirements see Sec.
       Wavelength band           ITU Region 1     ITU Region 2     ITU Region 3          97.303 (Paragraph)
----------------------------------------------------------------------------------------------------------------
              MF                     kHz              kHz              kHz        ..............................
----------------------------------------------------------------------------------------------------------------
160 m........................  1810-1850......  1800-2000......  1800-2000......  (a), (g)
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

     (d) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                   Sharing requirements see Sec.
       Wavelength band           ITU Region 1     ITU Region 2     ITU Region 3          97.303 (Paragraph)
----------------------------------------------------------------------------------------------------------------
              MF                     kHz              kHz              kHz        ..............................
----------------------------------------------------------------------------------------------------------------
160 m........................  1810-1850......  1800-2000......  1800-2000......  (a), (g)
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    24. Section 97.303 is amended by revising paragraphs (c) and (g) to 
read as follows:


Sec.  97.303  Frequency sharing requirements.

* * * * *
    (c) Amateur stations transmitting in the 76-77.5 GHz segment, the 
78-81 GHz segment, the 136-141 GHz segment, or the 241-248 GHz segment 
must not cause harmful interference to, and must accept interference 
from, stations authorized by the United States Government, the FCC, or 
other nations in the radiolocation service.
* * * * *
    (g) Amateur stations transmitting in the 160 m band must not cause 
harmful interference to, and must accept

[[Page 76287]]

interference from, stations authorized by other nations as follows:
    (1) In Region 1: The radiolocation service in the 1800-1810 kHz 
segment and the fixed and mobile except aeronautical mobile services in 
the 1850-2000 kHz segment. In the countries listed in footnote 5.93 (of 
47 CFR 2.106), the fixed and land mobile services in the 1800-1810 kHz 
segment, and in the countries listed in footnotes 5.98 and 5.99, the 
fixed and mobile except aeronautical mobile services in the 1810-1830 
kHz segment.
    (2) In Region 2: The fixed, mobile except aeronautical mobile, 
radiolocation, and radionavigation services in the 1850-2000 kHz 
segment.
    (3) In Region 3: The fixed, mobile except aeronautical mobile, and 
radionavigation services.
* * * * *
[FR Doc. 2012-31049 Filed 12-26-12; 8:45 am]
BILLING CODE 6712-01-P