[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27178-27216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09887]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, 80, 90, 97, and 101

[ET Docket No. 15-99; FCC 17-33]


WRC-12 Implementation Report and Order

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission implemented allocation 
changes from the World Radiocommunication Conference

[[Page 27179]]

(Geneva, 2012) (WRC-12) and updated its service rules. The Commission 
took this action to conform its rules, to the extent practical, to the 
decisions that the international community made at WRC-12. This action 
will promote the advancement of new and expanded services and provide 
significant benefits to the American public.

DATES: Effective July 14, 2017, except for amendments to Sec. Sec.  
97.3, 97.15(c), 97.301(b) through (d), 97.303(g), 97.305(c), and 
97.313(k) and (l), which contain new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13, that are not effective until approved by the Office 
of Management and Budget (OMB). The Commission will publish a document 
in the Federal Register announcing the effective date once OMB 
approves.

FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and 
Technology, 202-418-2450, [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 15-99, FCC 17-33, adopted March 27, 2017, and 
released March 29, 2017. 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 full text may also be downloaded at: https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-33A1.pdf. People with Disabilities: To 
request materials in accessible formats for people with disabilities 
(braille, large print, electronic files, audio format), send an email 
to [email protected] or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (tty).

Summary of Report and Order

    1. On April 23, 2015, the Commission adopted a Notice of Proposed 
Rulemaking (WRC-12 NPRM) in this proceeding, 80 FR 38315, July 2, 2015. 
In this Report and Order (WRC-12 R&O), the Commission amended the Table 
of Frequency Allocations (Allocation Table) in Sec.  2.106 of its rules 
and a number of related service rules to implement certain radio 
frequency (RF) allocation decisions from the Final Acts of the World 
Radiocommunication Conference (Geneva, 2012) (WRC-12 Final Acts). The 
following are the major actions that the Commission took to support 
non-Federal spectrum requirements:
     Allocated the 472-479 kHz band to the amateur service on a 
secondary basis and amended part 97 to provide for amateur service use 
of this band and of the 135.7-137.8 kHz band.
     Amended part 80 to authorize radio buoy operations in the 
1900-2000 kHz band under a ship station license.
     Allocated eight frequency bands in the 4 to 44 MHz range 
to the radiolocation service for Federal and non-Federal use, limited 
to oceanographic radars. The Commission also amended part 90 to provide 
for licensing of oceanographic radars, and required those radars 
currently operating under an experimental license to conform their 
operations to the adopted rules within five years of the effective date 
of this Order.
     Reallocated the 156.7625-156.7875 MHz and 156.8125-
156.8375 MHz bands to the mobile-satellite service (MSS) (Earth-to-
space) on a primary basis for Federal and non-Federal use, limited to 
the reception of Automatic Identification Systems (AIS) broadcast 
messages from ships. The Commission also amended part 80 to permit 
ships to transmit AIS broadcast messages in these bands, and amended 
part 25 to permit MSS satellites to receive in these bands and in the 
existing AIS bands.
     Allocated the 5000-5091 MHz band to the aeronautical 
mobile (route) service (AM(R)S) on a primary basis for Federal and non-
Federal use. AM(R)S use of the 5000-5030 MHz band extends the tuning 
range for the recently-established Aeronautical Mobile Airport 
Communications System (AeroMACS) that will support surface applications 
at airports. AM(R)S use of the 5030-5091 MHz band will support unmanned 
aircraft systems (UAS).

Discussion

    2. In the WRC-12 R&O, the Commission amended Parts 2, 15, 25, 80, 
90, and 97 of its rules to implement specific allocations from the WRC-
12 Final Acts that affect a number of frequency bands between 8.3 kHz 
and 3000 GHz and to adopt related service rules. These actions are 
described in greater detail below.
A. Amateur Radio Use of the 135.7-137.8 kHz and 472-479 kHz Bands
    3. As proposed in the WRC-12 NPRM, the Commission allocated the 
472-479 kHz band to the amateur service on a secondary basis and 
limited the maximum equivalent isotropically radiated power (EIRP) of 
amateur stations using this band to five watts in the United States, 
except for that portion of Alaska that is within 800 kilometers of the 
Russian Federation's borders, where the maximum EIRP is limited to one 
watt.
    4. The amateur service will share this band with Power Line Carrier 
(PLC) systems, which electric utility companies use and operate in the 
9-490 kHz range under part 15 of the Commission's rules on an 
unprotected and non-interference basis with respect to authorized radio 
users. While the Utilities Telecom Council (UTC) objected to the 
Commission's allocation proposal on the basis that an increased 
interference potential between amateur operations and PLC systems could 
deprive utilities of the flexibility needed to deploy PLC systems, the 
amateur radio community supported this allocation as useful for 
improving technical knowledge on radio propagation and because they 
believed that co-existence with PLC systems is possible due to existing 
amateur service operations on frequencies near 500 kHz under 
experimental licenses that have not resulted in any interference 
complaints.
    5. The Commission agreed that adding a secondary amateur service 
allocation to the 472-479 kHz band will provide new opportunities for 
amateur operators to experiment with equipment, techniques, antennas, 
and propagation phenomena. The 472-479 kHz band offers amateur service 
operators different propagation characteristics from the 135.7-137.8 
kHz band, which was allocated on a secondary basis to amateur service 
in the WRC-07 Report and Order. Further, a secondary allocation to the 
amateur service harmonizes the United States and international 
allocations for this band and provide new opportunities for amateur 
service experimentation. At the same time, the Commission recognized 
the importance of PLC systems and their impact on utility safety, 
security and reliability of utility operations, and found that co-
existence between PLC systems and amateur radio operations in these 
bands is possible under the service rules the Commission adopted in 
this Order.
    6. As proposed in the WRC-12 NPRM, the Commission removed several 
allocations from the 135.7-137.8 kHz and 472-479 kHz bands. It deleted 
the non-Federal fixed service (FS) and maritime mobile service (MMS) 
allocations from the 135.7-137.8 kHz band because there are no non-
Federal stations in the FS and MMS that are licensed to operate in this 
band, and because it found that any future requirements for non-Federal 
stations in the FS or MMS can be accommodated in other frequency bands. 
However, because there is some limited Federal use of this band, the 
Commission maintained the existing primary FS and

[[Page 27180]]

MMS allocations in the Federal Table. The Commission deleted the 
Federal MMS and aeronautical radionavigation service (ARNS) allocations 
and the non-Federal MMS allocation from the 472-479 kHz band. NTIA has 
not authorized any Federal stations in the ARNS or MMS to operate in 
the 472-479 kHz band, and there is only limited use of the non-Federal 
MMS allocation. Any future requirements for non-Federal MMS stations 
can be accommodated in other frequency bands. However, there are two 
non-Federal licensees that operate three public coast stations under 
their current licenses on a primary basis. The Commission grandfathered 
operation of these stations by amending Sec.  80.357(b)(1) to limit the 
use of the 472-479 kHz band to public coast stations that were licensed 
as of the effective date of this Report and Order and by adding a 
footnote to the Table of Allocations that grandfathers the following 
licensees to operate public coast stations on a primary basis in the 
472-479 kHz band pursuant to their current radio station authorization, 
subject to periodic renewals: Global HF Net LLC (call signs KFS and 
WNU) and New England Historical Radio Society, Inc. (call sign WNE).
    7. The Commission adopted service rules for the amateur radio 
service in the 135.7-137.8 kHz (2200 meter band) and 472-479 kHz (630 
meter band) bands that will ensure the compatibility of amateur radio 
operations and PLC systems that operate in these bands, and promote the 
shared use of these bands. Under these rules, electric utilities will 
not be required to modify existing PLC systems to accommodate amateur 
operations, and previously notified amateur stations will not be 
required to alter their operations to accommodate new or modified PLC 
operations.
    8. As proposed, the Commission will permit amateur stations to 
operate in the 135.7-137.8 kHz and 472-479 kHz bands when separated by 
a specified distance from electric power transmission lines with PLC 
systems that use the same bands. To support the operations of both the 
amateur service and PLC systems in these bands, the Commission adopted 
a minimum horizontal separation distance of one kilometer between the 
transmission line and the amateur station when operating in these 
bands.
    9. Regarding operations in the 135.7-137.8 kHz band, ARRL provided 
a technical analysis in ET Docket No. 12-338, which concluded that PLC 
systems ``will be sufficiently protected from amateur stations 
transmitting at an EIRP of 1 W with a separation distance of 1 km from 
the transmission lines carrying the PLC signals, beyond which there is 
no interference potential.'' UTC agreed with this conclusion and 
supported a separation distance of at least one kilometer for amateur 
operation in this band. While ARRL preferred that amateur stations have 
the option to be located closer to the transmission lines with PLC 
systems and recommended a notification procedure to address any 
potential interference to PLC systems, the Commission found that a one 
kilometer separation distance reasonably ensures that PLC systems and 
amateur radio stations are unlikely to experience interference. In 
addition, establishing a zone where amateur use is not authorized will 
simplify and streamline the process for determining whether an amateur 
station can transmit in these bands when in proximity to transmission 
lines upon which PLC systems operate.
    10. The Commission adopted the same separation distance for amateur 
operations in the 472-479 kHz band, as it did for the 135.7-137.8 kHz 
band, since these bands share the same considerations for co-existence 
of the two uses.
    11. The Commission restricted amateur service operations to fixed 
locations and prohibited mobile operations in these bands. This 
restriction will ensure that amateur stations remain at the locations 
specified in their notification and comply with the separation distance 
requirements discussed below. UTC and some amateur service commenters 
supported this restriction. The Commission will allow temporary fixed 
use at sites that meet its technical rules and follow its notification 
requirements. In other words, the location of the amateur station must 
not be located within one kilometer of PLC systems and its operations 
must be in accordance with part 97 rules.
    12. The Commission required amateur operators to notify UTC of the 
location of their proposed station prior to commencing operations, to 
confirm that the station is not located within the one kilometer 
separation distance. Even though several amateur service commenters 
claimed that they can readily identify transmission lines and compute 
the separation distance, the Commission found that transmission lines 
are not always readily identifiable. Further, amateur operators may not 
be able to determine whether PLC systems operate in the relevant bands 
on the subject transmission lines. The notification requirement will 
entail notifying UTC of the operator's call sign and coordinates of the 
proposed station's location for confirmation that the location is 
outside the one kilometer separation distance, or the relevant PLC 
system is not transmitting on the requested bands. UTC, which maintains 
a database of PLC systems must respond to the notification within 30 
days if it objects. If UTC raises no objection, amateur radio operators 
may commence operations on the band identified in their notification. 
The Wireless Telecommunications Bureau will issue a public notice 
providing the details for filing notifications with UTC.
    13. The notification procedures the Commission adopted seek to 
strike a balance between amateur operations used for experimental 
purposes and PLC operation used by electric utilities for the 
reliability and security of electric service to the public. These 
procedures are the least burdensome considering the Commission seeks to 
ensure that no potential interference occurs from these two uses. A 
simple notification to UTC with a 30-day waiting period does not appear 
to be burdensome. Amateur operations can commence as soon as that 
period expires. While ARRL sought direct access to the PLC database, 
the Commission noted that UTC has control of the PLC database which can 
be updated, and found no reason to mandate its release to another party 
especially considering the sensitive nature of information it contains.
    14. If an electric utility seeks to deploy a new or modified PLC 
system on a transmission line that is within one kilometer of a 
previously coordinated amateur station, the electric utility must 
employ a frequency in the 9-490 kHz range that has not been included in 
the amateur station's notification, as ARRL suggests. If the previously 
coordinated amateur station no longer operates in the band, the 
electric utility may deploy a PLC system in that band.
    15. As discussed in the WRC-12 NPRM, the Commission adopted maximum 
EIRP limits and transmitter power limits for the new amateur service 
bands. Amateur stations may operate in the 135.7-137.8 kHz band with a 
maximum radiated power of one watt EIRP. The Commission found that 
amateur stations operating in the 135.7-137.8 kHz band should be 
subject only to the general part 97 limit of 1.5 kW peak envelope power 
(PEP). The Commission found it unnecessary to limit the transmitter 
power beyond what it is already provided for in its rules, because 
antennas used in this frequency band are highly inefficient in 
converting the RF power delivered to the antenna terminals.
    16. The Commission also adopted the power limits proposed in the 
WRC-12 NPRM for amateur stations operating in

[[Page 27181]]

the 472-479 kHz band. For such stations, the maximum radiated power 
will be five watts EIRP, except for stations located in the portion of 
Alaska that is within 800 kilometers of the Russian Federation, where 
the EIRP will be limited to one watt. The Commission also limited the 
transmitter power for amateur radio operations in the 472-479 kHz band 
to 500 watts PEP; provided, however, that the resulting radiated power 
does not exceed five watts EIRP. In other words, it may be necessary to 
reduce transmitter power below 500 watts PEP to avoid exceeding the 
five watts EIRP limit.
    17. As discussed in the WRC-12 NPRM, the Commission required that 
the antennas used to transmit in these bands not exceed 60 meters in 
height above ground level, as ARRL proposed. The adoption of this 
height restriction will aid in the sharing of these amateur service 
bands with PLC systems by limiting the potential for amateurs' signals 
to exceed the adopted EIRP limits with longer, higher gain antennas, 
and could reduce the number of antenna structures that must comply with 
the Federal Aviation Administration notification and obstruction 
marking and lighting requirements in part 17 of the Commission's rules.
    18. As discussed in the WRC-12 NPRM, the Commission made these 
bands available for Amateur Extra, Advanced and General Class 
licensees. Consistent with its proposal in the WRC-12 NPRM and with the 
existing rules in Sec.  97.305 for the frequency bands below 30 MHz, 
the Commission authorized amateur stations to transmit the following 
emission types throughout the new amateur bands: CW (international 
Morse code telegraphy), RTTY (narrow-band direct-printing telegraphy), 
data, phone, and image emissions. These emission types provide amateur 
operators with maximum flexibility, and the Commission found that 
additional restrictions would needlessly hinder experimentation.
    19. The Commission amended Sec.  97.303 to list the 
radiocommunication services that must be protected from harmful 
interference. Specifically, amateur stations transmitting in the 135.7-
137.8 kHz band must not cause harmful interference to, and must accept 
interference from, stations authorized by the United States Government 
in the fixed and maritime mobile services and stations authorized by 
other nations in the fixed, maritime mobile, and radionavigation 
services. Amateur stations transmitting in the 472-479 kHz band must 
not cause harmful interference to, and must accept interference from, 
stations authorized by the Commission in the maritime mobile service 
and stations authorized by other nations in the maritime mobile and 
aeronautical radionavigation services.
    20. The Commission declined to prohibit automatically controlled 
stations from operating in these bands. Further, as proposed in the 
WRC-12 NPRM, the Commission added definitions for the terms effective 
radiated power, isotropically radiated power and LF (low frequency) in 
section 97.3 of its rules. Finally, the Commission declined to permit 
previously licensed experimental stations--some of which have been 
authorized with significantly more radiated power than the adopted EIRP 
limits for these new amateur service bands--to communicate with amateur 
stations operating in these bands. Amateur operations in these bands 
currently authorized under experimental licenses should transition 
their operations in accordance with the adopted rules and not 
circumvent such rules by use of experimental licenses.
B. Radio Buoys Operating in the 1900-2000 kHz Band
    21. The Commission allocated the 1900-2000 kHz band to the MMS on a 
primary basis for non-Federal use in ITU Regions 2 and 3, and limited 
the use of this allocation to radio buoys on the open sea and the Great 
Lakes. Section 80.5 of the Commission's rules define open sea as the 
water area of the open coast seaward of the ordinary low-water mark, or 
seaward of inland waters. This allocation addresses the limited 
situations where radio buoys cannot be authorized under the 
radiolocation service allocation because of newer technology that uses 
features like GPS rather than radiodetermination.
    22. In the WRC-07 R&O, the Commission recognized the public benefit 
associated with the use of radio buoys by the U.S. commercial fishing 
fleet, and in the WRC-12 NPRM the Commission proposed revisions to its 
rules that would provide radio buoy operators with a legitimate path to 
operate. In doing so, the Commission proposed to geographically limit 
the use of the MMS allocation, and the existing radiolocation service 
allocation, to radio buoys used by the U.S. commercial fishing fleet on 
the open sea, but sought comment on whether the geographic area should 
be extended to include the Chesapeake Bay, Great Lakes, or other inland 
waters.
    23. The Commission recognized ARRL's concerns that radio buoy 
manufacturers will not be able to ensure where fishing vessels will be 
using radio buoys. However, the Commission believes that amateur radio 
and radio buoys can continue to share this frequency band as they have 
done for many years. Because radio buoys are low-power and narrow-
bandwidth devices, while amateur stations tend to use much higher 
power, the Commission believes that they can continue to be 
accommodated with minimal impact on amateur radio operations. Any 
intermittent interference amateur operators may receive in the 1900-
2000 kHz band from lower-powered radio buoys is not expected to 
significantly hamper amateur operations in the band because amateur 
operators can readily tune around these narrow radio buoy signals and 
because the adjacent 1800-1900 kHz band is allocated exclusively for 
amateur radio use. Although the Commission had requested comment on 
rules that would have effectively permitted radio buoys to operate on 
any waters where the United States exercises sovereignty, the 
Commission was persuaded by ARRL's comments to adopt final rules that 
are better tailored to the places where the commercial fishing fleet 
can make reasonable and productive use of radio buoys. The Commission 
thus found it in the public interest to permit commercial fishing 
vessels to use these buoys on the open sea and the Great Lakes.
    24. Also, the Commission amended, as proposed, footnote NG92 to 
provide that the co-primary services in the 1900-2000 kHz band are 
protected from harmful interference only to the extent that the 
offending station is not operating in accordance with the technical 
rules. This statement clarifies that co-primary allocations in the 
1900-2000 kHz band (i.e., the amateur, radiolocation, and maritime 
mobile services) share the same type of interference protection--one 
that protects only from a violation of the technical rules. Radio buoys 
and amateur stations have co-equal status and therefore have the same 
level of interference protection from each other.
    25. The Commission declined to make additional spectrum available 
for radio buoy use. In the WRC-12 NPRM the Commission sought comment on 
alternative approaches that would allow continued radio buoy use by the 
U.S. commercial fishing fleet, including allocating additional 
spectrum. Several amateur radio commenters requested that new radio 
buoys be transitioned to another nearby frequency band. However, the 
Commission did not agree that additional spectrum is necessary for 
radio buoy operations because the

[[Page 27182]]

1900-2000 kHz band can be successfully shared with amateurs and the 
number of radio buoys does not appear to be significant enough to 
require a different allocation. In addition, as stated above, the 1800-
1900 kHz band is already allocated for exclusive amateur use, and the 
record does not indicate that this exclusive allocation is insufficient 
and that the public interest would be served by creating an additional 
exclusive allocation for amateur use at 1900-2000 kHz. Therefore, it 
appeared unnecessary for the Commission to make additional spectrum 
available for exclusive amateur use at this time by relocating low-
power radio buoys out of the 1900-2000 kHz band.
    26. The Commission amended part 80 of its rules to authorize the 
use of frequencies in the 1900-2000 kHz band for radio buoy operations 
under a ship station license provided that the use of these frequencies 
is related to commercial fishing operations, the transmitter output 
power does not exceed 8 watts, and the station antenna height does not 
exceed 4.6 meters above sea level in a buoy station or 6 meters above 
the mast of the ship on which it is installed.
    27. In the WRC-12 NPRM, the Commission proposed to authorize buoy 
stations in the 1900-2000 kHz band, provided that the output power does 
not exceed 10 watts and the station antenna height does not exceed 4.6 
meters above sea level in a buoy station or 6 meters above the mast of 
the ship on which it is installed. While part 90 did not establish 
power limits in this band, no equipment authorization has been sought 
with an output power over 8 watts. To address some of the amateur 
community's concerns over potential interference from these radio 
buoys, the Commission limited radio buoys transmitter output power to 8 
watts.
    28. The Commission found it unnecessary to provide the proposed 
six-month phase-out period for part 90 equipment authorizations 
considering that no applications for radio buoy equipment operating in 
the 1900-2000 kHz band have been submitted since the adoption of the 
WRC-12 NPRM. Hence, applications for equipment authorization of radio 
buoys must meet the new part 80 rules, as of the effective date of this 
Order. Also as proposed, the Commission grandfathered radio buoys 
authorized under Sec.  90.103(b) prior to the cutoff date so they may 
continue to be manufactured, imported, and marketed under the 
previously approved equipment authorization.
C. Aviation Services Uses in the 5000-5150 MHz Band
    29. The Commission took actions in support of aeronautical mobile 
(route) service (AM(R)S) surface applications at airports in the 5000-
5030 MHz band and unmanned aircraft systems (UAS) in the 5030-5091 MHz 
band. As proposed, the Commission allocated the 5000-5030 MHz bands to 
the AM(R)S on a primary basis for Federal and non-Federal use, for 
systems operating in accordance with international aeronautical 
standards, limited to surface applications at airports (i.e., 
AeroMACS). AeroMACS refers to a collection of high data rate wireless 
networks that are used for airport surface operations (i.e. ground-to-
ground communications) to provide broadband communications between 
aircraft and other ground vehicles, as well as between critical fixed 
assets. AeroMACS is designed to support a wide variety of services and 
applications, including Air Traffic Control/Air Traffic Management and 
infrastructure functions, as well as airline and airport operations.
    30. In the WRC-07 R&O, the Commission made the globally harmonized 
5091-5150 MHz band available for AeroMACS, expecting that it will be 
the main frequency band for deployment of AeroMACS. The Commission 
found that there is a need for additional spectrum, especially at the 
nation's busiest airports. This action extended the tuning range for 
AeroMACS to include the 5000-5030 MHz band in the United States.
    31. The Commission allocated the 5030-5091 MHz band to the AM(R)S 
on a primary basis for Federal and non-Federal use and added 
international footnote 5.443C to this band limiting the use to 
internationally standardized aeronautical systems and setting limits 
for unwanted emissions from AM(R)S stations to adjacent band 
radionavigation-satellite service (RNSS) downlinks to an EIRP density 
of -75 dBW/MHz. The WRC-12 NPRM proposal, which was based on the U.S. 
Proposals for WRC-12, noted that the 5030-5091 MHz band would be 
appropriate to satisfy the terrestrial, line-of-sight, spectrum 
requirements for command and control of UAS in non-segregated airspace. 
The Commission adopted the AM(R)S allocation to support the anticipated 
growth of UAS and promote their safe operation. Technical and 
operational rules relating to altitude, weight, or other requirements 
will be addressed in the service rules for this band, which will be 
promulgated in a separate proceeding.
    32. As proposed, the Commission added an entry in the U.S. Table 
that reflects the primary aeronautical mobile-satellite (R) service 
(AMS(R)S) allocation in the 5000-5150 MHz band, previously reflected in 
a footnote. Further, the Commission adopted two international footnotes 
that limit the AMS(R)S allocation to internationally standardized 
aeronautical systems.
D. Protecting Passive Sensors in the 86-92 GHz Band
    33. The Commission did not adopt proposed footnote US162, which 
would have encouraged fixed service operators transmitting in the 
adjacent bands (81-86 GHz and 92-94 GHz) to take all reasonable steps 
to ensure that their unwanted emissions power in the 86-92 GHz passive 
band does not exceed WRC-12's non-mandatory unwanted emissions levels.
    34. The 86-92 GHz band is allocated to the Earth exploration-
satellite service (EESS) (passive), radio astronomy service, and space 
research service (passive). WRC-12 sought to protect the EESS passive 
sensors that receive in this band, proposed non-mandatory protection 
requirements from out-of-band emissions from active services in 
adjacent bands and ``urge[d] administrations to take all reasonable 
steps to ensure'' that such emissions do not exceed the recommended 
maximum levels. The WRC-12 NPRM proposed the adoption of a footnote 
that would ``encourage operators of fixed stations [. . .] to take all 
reasonable steps to ensure that their unwanted emissions in the 86-92 
GHz does not exceed WRC-12's non-mandatory unwanted emission levels'' 
(emphasis added).
    35. The Commission recognized that the proposed footnote US162 
provides emission limits that are significantly more stringent than 
those in part 101 and concluded that adoption of the footnote would be 
confusing for incumbent users of the adjacent bands and would not 
provide any meaningful protection for the EESS passive sensors in the 
86-92 GHz band beyond that already required under part 101 of the 
rules. Further, the adoption of the underlying emission limits for the 
protection of the EESS passive sensors in the 86-92 GHz band, an action 
supported by CORF, would require a proceeding in order to develop a 
record that could support changes to the existing rules. The current 
proceeding does not provide the appropriate proper framework to address 
such changes. In addition, there are other proceedings underway 
addressing part 101 emission

[[Page 27183]]

mask rules governing fixed operations in these bands that may be better 
suited in examining these considerations.
E. Passive Use of Bands Above 275 GHz
    36. As proposed, the Commission extended the U.S. Table of 
Allocations past the 275-1000 GHz band to 3000 GHz. These bands are 
``not allocated'' to specific services, though passive services such as 
the EESS, space research service (SRS), and radio astronomy service 
already utilize portions of the 275-3000 GHz range for scientific 
observation. The Commission adopted a revised footnote US565 which 
incorporates language of the new international footnote 5.565 and of 
the proposed footnote US565.
    37. WRC-12 revised international footnote 5.565 to identify an 
additional 226 gigahertz of spectrum for passive spaceborne sensor use 
in the 275-990 GHz range. The footnote further urges administrations, 
when making those frequencies available for active service applications 
to take all practicable steps to protect these passive services from 
harmful interference, until the date when the Table of Frequency 
Allocations is established in the 275-1000 GHz frequency range. CORF, 
in its comments, generally supported the sharing of frequency 
allocations where practical, stating that technical factors associated 
with radio transmission in these high frequencies may well support 
shared use in many cases. However, CORF objected to the proposed U.S. 
footnote because it appears to be at odds with international footnote 
5.565's ``explicit goal of protecting passive uses.''
    38. The Commission did not agree with CORF's interpretation and was 
concerned that the text of international footnote 5.565 could be 
construed as placing a reservation for future passive service 
allocations in the U.S. Table, which would inhibit development of other 
radiocommunication services in this spectrum. Consistent with its 
tentatively conclusion in the WRC-12 NPRM, the Commission found that it 
is premature to establish a specific allocation in the U.S. Table in 
this frequency range and that it is unnecessary to place spectrum use 
restrictions in these frequencies. Instead, maintaining spectrum 
flexibility in these bands will encourage the development of new uses 
in the future.
    39. The Commission recognized that the 275-3000 GHz frequency range 
is used--and may be used more extensively in the future--for 
experimentation with, and development of, an array of active service 
applications. Because international footnote 5.565 can be interpreted 
as establishing an ``allocation'' for passive uses only, the Commission 
found that the text of this international footnote must be clarified. 
In particular, the Commission was not prepared to determine whether the 
frequency bands identified for use by passive service applications in 
international footnote 5.565 are entitled to interference protection 
from a yet-to-be proposed active service. For these reasons, the 
Commission revised existing footnote US565 to identify expected passive 
uses of the 275-1000 GHz range and to clarify that this footnote does 
not establish any priority of use in the U.S. Table, and does not 
preclude or constrain any active service use or future allocation of 
frequency bands in the 275-3000 GHz range. This clarifying text is 
sufficient, given that passive and active services can share 
frequencies above 275 GHz without constraints, especially considering 
the atmospheric absorption at these frequencies and the narrowness of 
the antenna beamwidths, which make sharing among different services 
possible.
F. Rulemaking Proposals That Did Not Receive Any Specific Comments
    40. The Commission amended Sec. Sec.  2.100, 2.102, 2.106, 80.215, 
80.373, 80.871, 90.7, 90.103, and 90.425 of its rules to implement 
proposals in the WRC-12 NPRM that were not addressed by any of the 
commenters. It found these proposals implement important U.S. policy 
goals and serve the public interest for the reasons stated in the WRC-
12 NPRM.
    41. Passive Systems for Lightning Detection (8.3-11.3 kHz). The 
Commission allocated the 8.3-9 kHz and 9-11.3 kHz bands to the 
meteorological aids service on a primary basis for Federal and non-
Federal use. The Commission also adopted international footnote 5.54A, 
limiting use of these frequency bands to passive use only. 
Consequently, the Commission revised Section 2.102(a) to require that 
the assignment of frequencies between 8.3 kHz and 275 GHz be in 
accordance with the Allocation Table.
    42. Maritime Mobile Service Use of the Frequency 500 kHz. The 
Commission allocated the 495-505 kHz band to the maritime mobile 
service, removes the aeronautical mobile and land mobile service 
portions of the existing allocation, and removes the existing distress 
and calling restriction.
    43. Oceanographic Radar Applications in the 4-44 MHz Range. The 
Commission allocated seven frequency bands (4.438-4.488 MHz, 5.25-5.275 
MHz, 16.1-16.2 MHz, 24.45-24.65 MHz, 26.2-26.42 MHz, 41.015-41.665 MHz, 
and 43.35-44 MHz) to the radiolocation service (RLS) on a primary basis 
for Federal and non-Federal use, and allocate the 13.45-13.55 MHz band 
to the RLS on a secondary basis for Federal and non-Federal use. The 
Commission added footnotes to the U.S. Table that prohibit 
oceanographic radars transmitting in these bands from causing harmful 
interference to, or claiming protection from, existing and future 
stations in the incumbent fixed and mobile services. The Commission 
also raised to primary status the secondary mobile except aeronautical 
mobile service allocation in the 5.25-5.275 MHz band, so that existing 
and future stations in this service can also be protected from 
interference from oceanographic radars. Next, the Commission amended 
part 90 of its rules by adding the oceanographic radar bands to the 
Radiolocation Service Frequency Table and took other associated actions 
that incorporate WRC-12's operational requirements for oceanographic 
radars and allowed licensees of existing experimental stations to apply 
for part 90 licenses. Finally, the Commission required that all 
oceanographic radar licensees currently operating under part 5 of the 
rules transition their operations to frequencies within an allocated 
band within five years of the effective date of this Report and Order.
    44. Improved Satellite-AIS Capability. To improve satellite 
detection of messages from maritime Automatic Identification Systems 
(AIS), the Commission reallocated two bands--156.7625-156.7875 MHz (AIS 
3) and 156.8125-156.8375 MHz (AIS 4)--to the mobile-satellite service 
(MSS), restricted to Earth-to-space (uplink) operations, on a primary 
basis for Federal and non-Federal use. The Commission revised footnote 
US52 to restrict the use of these MSS uplink allocations to the 
reception of long-range AIS broadcast messages from ships. The 
Commission removed the primary MMS allocation from these bands and 
amends the relevant rules to remove references to these MMS 
frequencies. The Commission further revised footnote US52 to 
grandfather the single MMS licensee (BKEP Materials, LLC) until the 
expiration date of its licenses (August 26, 2019). The Commission 
amended Section 80.203 to clarify that it will no longer accept 
applications for certification of non-AIS VHF radios that include 
channels 75 (156.775 MHz) and 76 (156.825 MHz) as of the effective date 
of this Report and

[[Page 27184]]

Order. Finally, the Commission added to Section 80.393 the simplex 
channels at 156.775 MHz (AIS 3) and 156.825 MHz (AIS 4) and it added to 
Section 25.202 these bands and the existing AIS bands (161.9625-
161.9875 MHz and 162.0125-162.0375 MHz).
    45. Allocating the 22.55-23.15 GHz and 25.5-27 GHz Bands to the 
Space Research Service. The Commission amended the U.S. Table to 
allocate the 22.55-23.15 GHz band to the SRS (Earth-to-space) on a 
primary basis for both Federal and non-Federal use and to add a 
reference to international footnote 5.532A. In addition, the Commission 
added a primary non-Federal SRS (space-to-Earth) allocation to the 
companion 25.5-27 GHz band, which currently is allocated to the SRS 
(space-to-Earth) only for Federal use.
    46. Deletion of Aeronautical Mobile Service from the 37-38 GHz 
Band. The Commission amended the U.S. Table to limit the existing 
primary mobile service allocation in the 37-38 GHz band only to the 
land mobile and maritime mobile services. In other words, this primary 
allocation entry will read ``MOBILE except aeronautical mobile'' 
service.
    47. Allocating the 7850-7900 MHz Band to the Federal 
Meteorological-Satellite Service. The Commission allocated the 7850-
7900 MHz band to the meteorological satellite-service (MetSat) (space-
to-Earth) on a primary basis for Federal use and adopt international 
footnote 5.461B restricting use of the allocation to non-geostationary 
systems. As consequence of this action, the larger 7750-7900 MHz band 
is now allocated to the fixed service and the meteorological satellite-
service (space-to-Earth) on a primary basis for Federal use, and per 
international footnote 5.461B, MetSat use of this band is limited to 
non-geostationary satellite systems.
    48. Allocating the 15.4-15.7 GHz Band to the Federal Radiolocation 
Service. The Commission allocated the 15.4-15.7 GHz band to the RLS on 
a primary basis for Federal use. The Commission also added 
international footnotes 5.511E and 5.511F to the Federal Table, which 
require that RLS stations operating in the 15.4-15.7 GHz band not cause 
harmful interference to, or claim protection from, stations operating 
in the aeronautical radionavigation service, and not exceed the power 
flux-density level of -156 dB(W/m\2\) in a 50 MHz bandwidth in the 
15.35-15.4 GHz band, at any radio astronomy observatory site for more 
than 2 percent of the time. Also, the Commission adopted footnote 
US511E, which limits RLS use of the 15.4-15.7 GHz band to Federal 
systems requiring a necessary bandwidth greater than 1600 MHz that 
cannot be accommodated within the band 15.7-17.3 GHz, except that radar 
systems requiring use of the band 15.4-15.7 GHz for testing, training, 
and exercises may be accommodated on a case-by-case basis.
    49. Other Administrative Matters. The Commission adopted its 
proposal to update footnote NG49 and renumbered this footnote as NG16. 
Specifically, the Commission no longer lists the individual frequencies 
within the footnote, and it removed the geographic restriction from 
this footnote. These updates will bring the U.S. Table in line with 
existing service rules. The Commission also amended Section 2.100 of 
its rules to state that the ITU Radio Regulations, Edition of 2012, 
have been incorporated to the extent practicable in part 2.

Final Regulatory Flexibility Certification

    50. The Regulatory Flexibility Act of 1980, as amended (RFA) \1\ 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not have a significant economic impact on a substantial number of 
small entities.'' \2\ The RFA generally defines ``small entity'' as 
having the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' \3\ In 
addition, the term ``small business'' has the same meaning as the term 
``small business concern'' under the Small Business Act.\4\ 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).\5\
---------------------------------------------------------------------------

    \1\ The RFA, see 5 U.S.C. 601 et. seq., has been amended by the 
Contract With America Advancement Act of 1996, Public Law 104-121, 
110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
    \2\ 5 U.S.C. 605(b).
    \3\ 5 U.S.C. 601(6).
    \4\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 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.''
    \5\ Small Business Act, 15 U.S.C. 632.
---------------------------------------------------------------------------

    51. In this Report and Order, the Commission took three actions 
that will cause a direct cost to regulated entities. First, the 
Commission required that all commercial fishing vessels that operate 
radio buoys in the 1900-2000 kHz band be authorized under a ship radio 
station license. Based on the comments of ITM Marine in ET Docket No. 
12-338, there are between 750 and 1000 active commercial fishing 
vessels that operate such radio buoys.\6\ The Commission expects that 
some of these fishing vessels are owned by small businesses that do not 
already have a ship radio station license. Because the total cost for a 
ship radio station license is $215, the Commission found that the 
direct cost of this requirement will be far less than one percent of 
revenue for any future small business licensee.
---------------------------------------------------------------------------

    \6\ See Amendment of Parts 1, 2, 15, 74, 78, 87, 90, and 97 of 
the Commission's Rules Regarding Implementation of the Final Acts of 
the World Radiocommunication Conference (Geneva, 2007) (WRC-07), 
Other Allocation Issues, and Related Rule Updates, ET Docket 12-338, 
Comments of Steve Beaver (March 4, 2013) at 1 (``We estimate that 
there are at least 500 active [high seas migratory species fishing] 
vessels, and possible 250-500 more in the USA, which are using radio 
buoys.'').
---------------------------------------------------------------------------

    52. Second, the Commission required that oceanographic radars, 
which currently operate under experimental license authority, operate 
in accordance with the adopted part 90 rules within five years of the 
effective date of this Report and Order. Based on its review of 
licenses in the Commission's Experimental Licensing System, the adopted 
rules will affect nine universities and one manufacturer. Based on 
information provided by the National Oceanic and Atmospheric 
Administration, the Commission believes that, in most cases, existing 
oceanographic radars can transition to the nearest allocated band 
without major hardware modification.\7\ The Commission noted that only 
two of these universities are private institutions (Cornell University 
and San Francisco University) that meet the definition of small 
organization, see 5 U.S.C. 601(4). The Commission further noted that 
there ``are 1,600 private, nonprofit institutions nationwide,'' \8\ and 
the great majority of these are clearly small organizations. Therefore, 
the Commission found that requiring oceanographic radars to operate 
under the adopted part 90 rules will impact far less than one percent 
of private,

[[Page 27185]]

nonprofit academic institutions that are small organizations. The 
Commission also believes that the single licensee that is a 
manufacturer (CODAR Ocean Sensor, Ltd.) will be positively impacted 
because it has committed to ``produce, sell, and support [oceanographic 
radars] that operate in all of the ITU allocated bands and conform to 
any local regulations.'' \9\
---------------------------------------------------------------------------

    \7\ See National Oceanic and Atmospheric Administration, Summary 
of WRC-12 HF Radar Frequency Outcomes (Jan. 26, 2012) (``In most 
cases, transitioning to the nearest allocated band should not 
require major hardware modification''), http://www.ioos.noaa.gov/hfradar/summary_wrc_12outcomes.pdf.
    \8\ See ``Quick Facts About Private Colleges'' by the National 
Association of Independent Colleges and Universities (http://www.naicu.edu/about/page/quick-facts-about-private-colleges#Institution).
    \9\ See ``Outcome of the 2012 World Radiocommunication 
Conference: Oceanographic HF Radars Officially Recognized by ITU,'' 
March 2012, by CODAR Ocean Sensors (http://www.codar.com/news_03_2012_2.shtml).
---------------------------------------------------------------------------

    53. Third, the Commission reallocated the 156.7625-156.7875 MHz and 
156.8125-156.8375 MHz bands from MMS to the mobile-satellite service, 
and requires that MMS operations in these bands cease as of August 26, 
2019. There is a single licensee (BKEP Materials, LLC) authorized to 
operate three private coast stations in these bands. Based on its 
review of licenses in the Commission's Universal Licensing System, the 
Commission has issued 2770 licenses for private coast stations to 
operate in the 156-157.1 MHz band. The Commission estimated that at 
least 1000 of these licensees are small entities. Therefore, the 
Commission found that these reallocations will impact far less than one 
percent of the total number of small entities operating in the 156-
157.1 MHz band.
    54. Therefore, the Commission certified that the requirements of 
this Report and Order will not have a significant economic impact on a 
substantial number of small entities. The Commission will send a copy 
of this Report and Order including this final certification, in a 
report to Congress pursuant to the Small Business Regulatory 
Enforcement Fairness Act of 1996, see 5 U.S.C. 801(a)(1)(A). In 
addition, the Report and Order and this certification will be sent to 
the Chief Counsel for Advocacy of the Small Business Administration, 
and will be published in the Federal Register. See 5 U.S.C. 605(b).

Paperwork Reduction Analysis

    55. This Report and Order contains new information collections 
subject to the PRA, Public Law 104-13. It will be submitted to OMB for 
review under Section 3507(d) of the PRA. The Commission will publish a 
separate notice in the Federal Register inviting comment on the new 
information collection requirements adopted herein. The requirements 
will not go into effect until OMB has approved it and the Commission 
has published a notice announcing the effective date of the information 
collection requirements. In this document, the Commission has assessed 
the potential effects of the prior notification requirement for amateur 
service operations in the 135.7-137.8 kHz and 472-479 kHz bands, and 
found that there will in the great majority of instances be a de 
minimis paperwork burden for amateur service licensees resulting from 
the collection of information by the Utilities Telecom Council. 
Finally, the Commission noted that, because ``small entities,'' as 
defined in the Regulatory Flexibility Act of 1980, as amended, are not 
persons eligible for licensing in the amateur service, this rule does 
not apply to ``small entities.'' Therefore, the requirement in the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, 44 
U.S.C. 3506(c)(4), that the Commission seek to further reduce this 
information requirement burden for small business concerns with fewer 
than 25 employees does not apply.
Congressional Review Act
    56. The Commission will send a copy of this Report and Order to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    57. Pursuant to sections 1, 4, 301, 302, and 303 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 301, 302a, 
and 303, this Report and Order is hereby adopted and the Commission's 
rules are amended as set forth below.
    58. The rule amendments adopted herein shall be effective 30 days 
after date of Federal Register publication of the Report and Order, 
except for Sec. Sec.  97.3, 97.15(c), 97.301(b) through (d), 97.303(g), 
97.305(c), and 97.313(k) and (l), because Sec.  97.303(g)(2) contains a 
new information collection requirement that requires approval by OMB 
under the PRA. These rules sections shall be effective after the 
Commission publishes a notice in the Federal Register announcing such 
approval and the relevant effective date.
    59. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Report and 
Order, including the Final Regulatory Flexibility Certification, to the 
Chief Counsel for Advocacy of the Small Business Administration.
    60. It is further ordered that the Commission shall send a copy of 
this Report and Order in a report to be sent to Congress and the 
General Accounting Office pursuant to the Congressional Review Act, see 
5 U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 2

    Radio, Telecommunications.

47 CFR Parts 15, 80, 90, and 97

    Radio, Reporting and recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2, 15, 25, 80, 90, and 97 
as follows:

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

0
1. The authority citation for part 2 continues to read as follows:

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


0
2. Revise Sec.  2.100 to read as follows:


Sec.  2.100  International regulations in force.

    The ITU Radio Regulations, Edition of 2012, have been incorporated 
to the extent practicable in this part.

0
3. In Sec.  2.102, revise paragraph (a) to read as follows:


Sec.  2.102   Assignment of frequencies.

    (a) Except as otherwise provided in this section, the assignment of 
frequencies and bands of frequencies to all stations and classes of 
stations and the licensing and authorizing of the use of all such 
frequencies between 8.3 kHz and 275 GHz, and the actual use of such 
frequencies for radiocommunication or for any other purpose, including 
the transfer of energy by radio, shall be in accordance with the Table 
of Frequency Allocations in Sec.  2.106.
* * * * *

0
4. In Sec.  2.106, the Table of Frequency Allocations is amended as 
follows:
0
a. Pages 1-2, 4-5, 7-8, 11-13, 15-20, 23-24, 41-42, 45, 51, 53-54, 57, 
and 67-68 are revised.
0
b. In the list of United States (US) Footnotes, footnotes US52, US231, 
US246, and US565 are revised; footnotes US115, US132A, and US511E are 
added; and footnote US367 is removed.
0
c. In the list of non-Federal Government (NG) Footnotes, footnotes NG8 
and NG16 are added, footnote NG49 is removed, and footnote NG92 is 
revised.
    The revisions and additions read as follows:

[[Page 27186]]

Sec.  2.106   Table of Frequency Allocations.

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BILLING CODE 6712-01-C

United States (U.S.) Footnotes

* * * * *
    US52 In the VHF maritime mobile band (156-162 MHz), the following 
provisions shall apply:
    (a) Except as provided for below, 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 and mobile-satellite (Earth-to-space) services is restricted to 
Automatic Identification Systems (AIS). The use of

[[Page 27212]]

these bands by the aeronautical mobile (OR) service is restricted to 
AIS emissions from search and rescue aircraft operations. Frequencies 
in the AIS 1 band may continue to be used by non-Federal base, fixed, 
and land mobile stations until March 2, 2024.
    (b) Except as provided for below, the use of the bands 156.7625-
156.7875 MHz (AIS 3 with center frequency 156.775 MHz) and 156.8125-
156.8375 MHz (AIS 4 with center frequency 156.825 MHz) by the mobile-
satellite service (Earth-to-space) is restricted to the reception of 
long-range AIS broadcast messages from ships (Message 27; see most 
recent version of Recommendation ITU-R M.1371). The frequencies 156.775 
MHz and 156.825 MHz may continue to be used by non-Federal ship and 
coast stations for navigation-related port operations or ship movement 
until August 26, 2019.
    (c) The frequency 156.3 MHz may also be used by aircraft stations 
for the purpose of search and rescue operations and other safety-
related communication.
    (d) 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 156.25, 156.55, 156.6 and 156.7 MHz; (2) Inter-ship use 
of the frequency 156.3 MHz on a simplex basis; (3) Navigational bridge-
to-bridge and navigational communications on a simplex basis by coast 
and ship stations on the frequencies 156.375 and 156.65 MHz; (4) Port 
operations use on a simplex basis by coast and ship stations on the 
frequencies 156.6 and 156.7 MHz; (5) Environmental communications on 
the frequency 156.75 MHz in accordance with the national plan; and (6) 
Duplex port operations use of the frequencies 157 MHz for ship stations 
and 161.6 MHz for coast stations.
* * * * *
    US115 In the bands 5000-5010 MHz and 5010-5030 MHz, the following 
provisions shall apply:
    (a) In the band 5000-5010 MHz, systems in the aeronautical mobile 
(R) service (AM(R)S) are limited to surface applications at airports 
that operate in accordance with international aeronautical standards 
(i.e., AeroMACS).
    (b) The band 5010-5030 MHz is also allocated on a primary basis to 
the AM(R)S, limited to surface applications at airports that operate in 
accordance with international aeronautical standards. In making 
assignments for this band, attempts shall first be made to satisfy the 
AM(R)S requirements in the bands 5000-5010 MHz and 5091-5150 MHz. 
AM(R)S systems used in the band 5010-5030 MHz shall be designed and 
implemented to be capable of operational modification if receiving 
harmful interference from the radionavigation-satellite service. 
Finally, notwithstanding Radio Regulation No. 4.10, stations in the 
AM(R)S operating in this band shall be designed and implemented to be 
capable of operational modification to reduce throughput and/or 
preclude the use of specific frequencies in order to ensure protection 
of radionavigation-satellite service systems operating in this band.
    (c) Aeronautical fixed communications that are an integral part of 
the AeroMACS system in the bands 5000-5010 MHz and 5010-5030 MHz are 
also authorized on a primary basis.
* * * * *
    US132A In the bands 26.2-26.42 MHz, 41.015-41.665 MHz, and 43.35-44 
MHz, applications of radiolocation service are limited to oceanographic 
radars operating in accordance with ITU Resolution 612 (Rev. WRC-12). 
Oceanographic radars shall not cause harmful interference to, or claim 
protection from, non-Federal stations in the land mobile service in the 
bands 26.2-26.42 MHz and 43.69-44 MHz, Federal stations in the fixed or 
mobile services in the band 41.015-41.665 MHz, and non-Federal stations 
in the fixed or land mobile services in the band 43.35-43.69 MHz.
* * * * *
    US231 When an assignment cannot be obtained in the bands between 
200 kHz and 525 kHz, which are allocated to aeronautical 
radionavigation, assignments may be made to aeronautical radiobeacons 
in the maritime mobile bands at 435-472 kHz and 479-490 kHz, on a 
secondary basis, subject to the coordination and agreement of those 
agencies having assignments within the maritime mobile bands which may 
be affected. Assignments to Federal aeronautical radionavigation 
radiobeacons in the bands 435-472 kHz and 479-490 kHz shall not be a 
bar to any required changes to the maritime mobile service and shall be 
limited to non-voice emissions.
* * * * *
    US246 No station shall be authorized to transmit in the following 
bands: 73-74.6 MHz, 608-614 MHz, except for medical telemetry equipment 
\1\ and white space devices,\2\ 1400-1427 MHz, 1660.5-1668.4 MHz, 2690-
2700 MHz, 4990-5000 MHz, 10.68-10.7 GHz, 15.35-15.4 GHz, 23.6-24 GHz, 
31.3-31.8 GHz, 50.2-50.4 GHz, 52.6-54.25 GHz, 86-92 GHz, 100-102 GHz, 
109.5-111.8 GHz, 114.25-116 GHz, 148.5-151.5 GHz, 164-167 GHz, 182-185 
GHz, 190-191.8 GHz, 200-209 GHz, 226-231.5 GHz, 250-252 GHz.
---------------------------------------------------------------------------

    \1\ Medical telemetry equipment shall not cause harmful 
interference to radio astronomy operations in the band 608-614 MHz 
and shall be coordinated under the requirements found in 47 CFR 
95.1119.
    \2\ White space devices shall not cause harmful interference to 
radio astronomy operations in the band 608-614 MHz and shall not 
operate within the areas described in 47 CFR 15.712(h).
---------------------------------------------------------------------------

* * * * *
    US511E The use of the band 15.4-15.7 GHz by the radiolocation 
service is limited to Federal systems requiring a necessary bandwidth 
greater than 1600 MHz that cannot be accommodated within the band 15.7-
17.3 GHz except as described below. In the band 15.4-15.7 GHz, stations 
operating in the radiolocation service shall not cause harmful 
interference to, nor claim protection from, radars operating in the 
aeronautical radionavigation service. Radar systems operating in the 
radiolocation service shall not be developed solely for operation in 
the band 15.4-15.7 GHz. Radar systems requiring use of the band 15.4-
15.7 GHz for testing, training, and exercises may be accommodated on a 
case-by-case basis.
    US565 The following frequency bands in the range 275-1000 GHz are 
identified for passive service applications:

--Radio astronomy service: 275-323 GHz, 327-371 GHz, 388-424 GHz, 426-
442 GHz, 453-510 GHz, 623-711 GHz, 795-909 GHz and 926-945 GHz;
--Earth exploration-satellite service (passive) and space research 
service (passive): 275-286 GHz, 296-306 GHz, 313-356 GHz, 361-365 GHz, 
369-392 GHz, 397-399 GHz, 409-411 GHz, 416-434 GHz, 439-467 GHz, 477-
502 GHz, 523-527 GHz, 538-581 GHz, 611-630 GHz, 634-654 GHz, 657-692 
GHz, 713-718 GHz, 729-733 GHz, 750-754 GHz, 771-776 GHz, 823-846 GHz, 
850-854 GHz, 857-862 GHz, 866-882 GHz, 905-928 GHz, 951-956 GHz, 968-
973 GHz and 985-990 GHz.

    The use of the range 275-1000 GHz by the passive services does not 
preclude use of this range by active services. This provision does not 
establish priority of use in the United States Table of Frequency 
Allocations, and does not preclude or constrain any active service use 
or future allocation of frequency bands in the 275-3000 GHz range.

[[Page 27213]]

Non-Federal Government (NG) Footnotes

* * * * *
    NG8 In the band 472-479 kHz, non-Federal stations in the maritime 
mobile service that were licensed or applied for prior to [insert 
effective date of the WRC-12 R&O] may continue to operate on a primary 
basis, subject to periodic license renewals.
* * * * *
    NG16 In the bands 72-73 MHz and 75.4-76 MHz, frequencies may be 
authorized for mobile operations in the Industrial/Business Radio Pool, 
subject to not causing interference to the reception of broadcast 
television signals on channels 4 and 5.
* * * * *
    NG92 The band 1900-2000 kHz is also allocated on a primary basis to 
the maritime mobile service in Regions 2 and 3 and to the radiolocation 
service in Region 2, and on a secondary basis to the radiolocation 
service in Region 3. The use of these allocations is restricted to 
radio buoy operations on the open sea and the Great Lakes. Stations in 
the amateur, maritime mobile, and radiolocation services in Region 2 
shall be protected from harmful interference only to the extent that 
the offending station does not operate in compliance with the technical 
rules applicable to the service in which it operates.
* * * * *

PART 15--RADIO FREQUENCY DEVICES

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

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 
549.


0
6. In Sec.  15.113, add paragraph (g) to read as follows:


Sec.  15.113  Power line carrier systems.

* * * * *
    (g) Special provisions. An electric power utility entity shall not 
operate a new or modified power line carrier (PLC) system in the 135.7-
137.8 kHz and/or 472-479 kHz bands if a previously coordinated amateur 
station pursuant to Sec.  97.301(g)(2) of this chapter is located 
within one kilometer of the transmission lines conducting the PLC 
signal.

PART 25--SATELLITE COMMUNICATIONS

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

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 319, 332, 
605, and 721, unless otherwise noted.


0
8. In Sec.  25.202, add paragraph (a)(12) to read as follows:


Sec.  25.202   Frequencies, frequency tolerance, and emission limits.

    (a) * * *
    (12) The following frequencies are available for use by the mobile-
satellite service (Earth-to-space) for the reception of Automatic 
Identification Systems (AIS) broadcast messages from ships:

156.7625-156.7875 MHz
156.8125-156.8375 MHz
161.9625-161.9875 MHz
162.0125-162.0375 MHz
* * * * *

PART 80--STATIONS IN THE MARITIME SERVICES

0
9. The authority citation for part 80 continues to read as follows:

    Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, 
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 
UST 2377.


0
10. In Sec.  80.203, add paragraph (p) to read as follows:


Sec.  80.203   Authorization of transmitters for licensing.

* * * * *
    (p) As of [insert effective date of this Report and Order], the 
Commission will no longer accept applications for certification of non-
AIS VHF radios that include channels 75 and 76.


Sec.  80.215  [Amended]

0
11. In Sec.  80.215, remove footnote 13 from paragraph (e)(1) and 
remove and reserve paragraph (g)(3).


0
12. In Sec.  80.357, revise footnote 1 to the table in paragraph (b)(1) 
to read as follows:


Sec.  80.357  Working frequencies for Morse code and data transmission.

* * * * *
    (b) * * *
    (1) * * *
    \1\ All frequencies in this table are shown in kilohertz. The use 
of frequencies in the 472-479 kHz band is restricted to public coast 
stations that were licensed on or before [insert effective date of this 
R&O].
* * * * *


Sec.  80.373  [Amended]

0
13. In Sec.  80.373, the table in paragraph (f) is amended under the 
heading ``Port Operations'' by removing the entries for channel 
designator 75 (156.775 MHz) and channel designator 76 (156.825 MHz), 
including the text of footnote 18; and under the heading 
``Noncommercial'' by redesignating footnote 19 which is associated with 
channel designator 71 (156.575 MHz) as footnote 18.

0
14. Add Sec.  80.376 under center heading ``Radiodetermination'' to 
read as follows:


Sec.  80.376   Radio buoy operations.

    Frequencies in the 1900-2000 kHz band are authorized for radio buoy 
operations under a ship radio station license provided:
    (a) The use of these frequencies is related to commercial fishing 
operations on the open sea and the Great Lakes; and
    (b) The output power does not exceed 8 watts and the station 
antenna height does not exceed 4.6 meters above sea level in a buoy 
station or 6 meters above the mast of the ship on which it is 
installed.

0
15. Revise Sec.  80.393 to read as follows:


Sec.  80.393   Frequencies for AIS stations.

    Automatic Identification Systems (AIS) are a maritime broadcast 
service. The simplex channels at 156.775 MHz (AIS 3), 156.825 MHz (AIS 
4), 161.975 MHz (AIS 1), and 162.025 MHz (AIS 2), each with a 25 kHz 
bandwidth, may be authorized only for AIS. In accordance with the 
Maritime Transportation Security Act, the United States Coast Guard 
regulates AIS carriage requirements for non-Federal Government ships. 
These requirements are codified at 33 CFR 164.46, 401.20.


Sec.  80.871  [Amended]

0
16. In Sec.  80.871, the table in paragraph (d) is amended by removing 
the entries for channel designator 75 (156.775 MHz) and channel 
designator 76 (156.825 MHz).

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
17. 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.


0
18. In Sec.  90.7, add a definition for ``Equivalent Isotropically 
Radiated Power (EIRP)'' in alphabetical order to read as follows:


Sec.  90.7  Definitions.

* * * * *
    Equivalent Isotropically Radiated Power (EIRP). The product of the 
power supplied to the antenna and the antenna

[[Page 27214]]

gain in a given direction relative to an isotropic antenna (absolute or 
isotropic gain).
* * * * *

0
19. Amend Sec.  90.103 as follows:
0
a. In the table in paragraph (b), revise the entries set out below; and
0
b. Add paragraph (c)(3).
    The revisions and addition read as follows:


Sec.  90.103   Radiolocation Service.

* * * * *
    (b) * * *

                  Radiolocation Service Frequency Table
------------------------------------------------------------------------
         Frequency or band           Class of station(s)    Limitation
------------------------------------------------------------------------
                                Kilohertz
------------------------------------------------------------------------
 
                              * * * * * * *
4438 to 4488......................  Radiolocation land..               3
5250 to 5275......................  ......do............               3
------------------------------------------------------------------------
                                Megahertz
------------------------------------------------------------------------
13.45 to 13.55....................  ......do............               3
16.10 to 16.20....................  ......do............               3
24.45 to 24.65....................  ......do............               3
26.20 to 26.42....................  ......do............               3
41.015 to 41.665..................  ......do............               3
43.35 to 44.00....................  ......do............               3
420 to 450........................  Radiolocation land                21
                                     or mobile.
 
                              * * * * * * *
------------------------------------------------------------------------

    (c) * * *
    (3) Operations in this band are limited to oceanographic radars 
using transmitters with a peak equivalent isotropically radiated power 
(EIRP) not to exceed 25 dBW. Oceanographic radars shall not cause 
harmful interference to, nor claim protection from interference caused 
by, stations in the fixed or mobile services as specified in Sec.  
2.106, footnotes 5.132A, 5.145A, and US132A. See Resolution 612 of the 
ITU Radio Regulations for international coordination requirements and 
for recommended spectrum sharing techniques.
* * * * *

0
20. In Sec.  90.425, revise paragraph (c)(1) and add paragraph (c)(3) 
to read as follows:


Sec.  90.425  Station identification.

* * * * *
    (c) Special provisions for identification in the Radiolocation 
Service. (1) Stations in the Radiolocation Service are not required to 
identify except upon special instructions from the Commission or as 
required by paragraphs (c)(2) and (3) of this section.
* * * * *
    (3) Oceanographic radars operating in the bands shown in section 
90.103(b) shall transmit a station identification (call sign) on the 
assigned frequency, in international Morse code at a transmission rate 
in accordance with paragraph (b)(2) of this section at the end of each 
data acquisition cycle, but at an interval of no more than 20 minutes.
* * * * *

PART 97--AMATEUR RADIO SERVICE

0
21. The authority citation for part 97 continues to read as follows:

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. 
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 
U.S.C. 151-155, 301-609, unless otherwise noted.

0
22. In Sec.  97.3, revise paragraphs (b)(1) through (11) and add 
paragraphs (b)(12) through (14) to read as follows:


Sec.  97.3  Definitions.

    (b) * * *
    (1) EHF (extremely high frequency). The frequency range 30-300 GHz.
    (2) EIRP (equivalent isotropically radiated power). 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).

    Note: Divide EIRP by 1.64 to convert to effective radiated 
power.

    (3) ERP (effective radiated power) (in a given direction). The 
product of the power supplied to the antenna and its gain relative to a 
half-wave dipole in a given direction.

    Note: Multiply ERP by 1.64 to convert to equivalent 
isotropically radiated power.

    (4) HF (high frequency). The frequency range 3-30 MHz.
    (5) Hz. Hertz.
    (6) LF (low frequency). The frequency range 30-300 kHz.
    (7) m. Meters.
    (8) MF (medium frequency). The frequency range 300-3000 kHz.
    (9) PEP (peak envelope power). The average power supplied to the 
antenna transmission line by a transmitter during one RF cycle at the 
crest of the modulation envelope taken under normal operating 
conditions.
    (10) RF. Radio frequency.
    (11) SHF (super high frequency). The frequency range 3-30 GHz.
    (12) UHF (ultra high frequency). The frequency range 300-3000 MHz.
    (13) VHF (very high frequency). The frequency range 30-300 MHz.
    (14) W. Watts.
* * * * *

0
23. In Sec.  97.15, add paragraph (c) to read as follows:


Sec.  97.15  Station antenna structures.

* * * * *
    (c) Antennas used to transmit in the 2200 m and 630 m bands must 
not exceed 60 meters in height above ground level.

0
24. In Sec.  97.301, amend the tables in each of paragraphs (b), (c), 
and (d) as follows:
0
a. Add the sub-heading ``LF'' and the entry for the ``2200 m'' 
wavelength band; and
0
b. Under the existing sub-heading ``MF'' add the entry for the ``630 
m'' wavelength band.
    The additions read as follows:

[[Page 27215]]

Sec.  97.301  Authorized frequency bands.

* * * * *
    (b) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                                    Sharing
                                                                                               requirements see
         Wavelength band             ITU Region 1        ITU Region 2        ITU Region 3        Sec.   97.303
                                                                                                  (paragraph)
----------------------------------------------------------------------------------------------------------------
               LF                         kHz                 kHz                 kHz
----------------------------------------------------------------------------------------------------------------
2200 m..........................  135.7-137.8.......  135.7-137.8.......  135.7-137.8.......  (a), (g).
----------------------------------------------------------------------------------------------------------------
               MF                         kHz                 kHz                 kHz
----------------------------------------------------------------------------------------------------------------
630 m...........................  472-479...........  472-479...........  472-479...........  (g).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                                    Sharing
                                                                                               requirements see
         Wavelength band             ITU Region 1        ITU Region 2        ITU Region 3        Sec.   97.303
                                                                                                  (paragraph)
----------------------------------------------------------------------------------------------------------------
               LF                         kHz                 kHz                 kHz
----------------------------------------------------------------------------------------------------------------
2200 m..........................  135.7-137.8.......  135.7-137.8.......  135.7-137.8.......  (a), (g).
----------------------------------------------------------------------------------------------------------------
               MF                         kHz                 kHz                 kHz
----------------------------------------------------------------------------------------------------------------
630 m...........................  472-479...........  472-479...........  472-479...........  (g).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (d) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                                    Sharing
                                                                                               requirements see
         Wavelength band             ITU Region 1        ITU Region 2        ITU Region 3        Sec.   97.303
                                                                                                  (paragraph)
----------------------------------------------------------------------------------------------------------------
               LF                         kHz                 kHz                 kHz
----------------------------------------------------------------------------------------------------------------
2200 m..........................  135.7-137.8.......  135.7-137.8.......  135.7-137.8.......  (a), (g).
----------------------------------------------------------------------------------------------------------------
               MF                         kHz                 kHz                 kHz
----------------------------------------------------------------------------------------------------------------
630 m...........................  472-479...........  472-479...........  472-479...........  (g).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
25. In Sec.  97.303, add paragraph (g) to read as follows:


Sec.  97.303  Frequency sharing requirements.

* * * * *
    (g) In the 2200 m and 630 m bands:
    (1) Amateur stations in the 135.7-137.8 kHz (2200 m) and 472-479 
kHz (630 m) bands shall only operate at fixed locations. Amateur 
stations shall not operate within a horizontal distance of one 
kilometer from a transmission line that conducts a power line carrier 
(PLC) signal in the 135.7-137.8 kHz or 472-479 kHz bands. Horizontal 
distance is measured from the station's antenna to the closest point on 
the transmission line.
    (2) Prior to commencement of operations in the 135.7-137.8 kHz 
(2200 m) and/or 472-479 kHz (630 m) bands, amateur operators shall 
notify the Utilities Telecom Council (UTC) of their intent to operate 
by submitting their call signs, intended band or bands of operation, 
and the coordinates of their antenna's fixed location. Amateur stations 
will be permitted to commence operations after the 30-day period unless 
UTC notifies the station that its fixed location is located within one 
kilometer of PLC systems operating in the same or overlapping 
frequencies.
    (3) Amateur stations in the 135.7-137.8 kHz (2200 m) band shall not 
cause harmful interference to, and shall accept interference from:
    (i) Stations authorized by the United States Government in the 
fixed and maritime mobile services;
    (ii) Stations authorized by other nations in the fixed, maritime 
mobile, and radionavigation service.
    (4) Amateur stations in the 472-479 kHz (630 m) band shall not 
cause harmful interference to, and shall accept interference from:
    (i) Stations authorized by the FCC in the maritime mobile service;
    (ii) Stations authorized by other nations in the maritime mobile 
and aeronautical radionavigation services.
    (5) Amateur stations causing harmful interference shall take all 
necessary measures to eliminate such interference--including temporary 
or permanent termination of transmissions.
* * * * *

0
26. In Sec.  97.305, amend the table in paragraph (c) as follows:

[[Page 27216]]

0
a. Add sub-heading ``LF:'' and two entries for the ``2200 m'' 
wavelength band; and
0
b. Under existing sub-heading ``MF:'' add two entries for the ``630 m'' 
wavelength band.
    The additions read as follows:


Sec.  97.305  Authorized emission types.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                                     Emission types         Standards see Sec.
           Wavelength band                   Frequencies               authorized         97.307(f), paragraph:
----------------------------------------------------------------------------------------------------------------
LF:
    2200 m...........................  Entire band............  RTTY, data.............  (3).
    2200 m...........................  Entire band............  Phone, image...........  (1), (2).
MF:
    630 m............................  Entire band............  RTTY, data.............  (3).
    630 m............................  Entire band............  Phone, image...........  (1), (2).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
27. In Sec.  97.313, add paragraphs (k) and (l) to read as follows.


Sec.  97.313  Transmitter power standards.

* * * * *
    (k) No station may transmit in the 135.7-137.8 kHz (2200 m) band 
with a transmitter power exceeding 1.5 kW PEP or a radiated power 
exceeding 1 W EIRP.
    (l) No station may transmit in the 472-479 kHz (630 m) band with a 
transmitter power exceeding 500 W PEP or a radiated power exceeding 5 W 
EIRP, except that in Alaska, stations located within 800 kilometers of 
the Russian Federation may not transmit with a radiated power exceeding 
1 W EIRP.

[FR Doc. 2017-09887 Filed 6-13-17; 8:45 am]
 BILLING CODE 6712-01-P