[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Rules and Regulations]
[Pages 55525-55537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28296]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 5, 21, 22, 23, 24, 25, 26, 27, 73, 74, 78, 80, 87, 90,
95, 97, and 101
[ET Docket No. 96-2; FCC 97-347]
Arecibo Coordination Zone
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This Report and Order establishes a Coordination Zone that
covers the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra
within the Commonwealth of Puerto Rico (the Puerto Rican Islands). The
Coordination Zone requires applicants for new and modified radio
facilities in various communications services within the Coordination
Zone to provide notification of their proposed operations to the
Arecibo Radio Astronomy Observatory (Observatory) near Arecibo,
[[Page 55526]]
Puerto Rico, and operated by Cornell University (Cornell), at the time
their applications are submitted to the Commission. The Coordination
Zone and notification procedures will enable the Observatory to receive
information needed to assess whether an applicant's proposed operations
will cause harmful interference to the Observatory's operations and
will promote efficient resolution of problems through coordination
between applicants and the Observatory.
EFFECTIVE DATE: December 26, 1997.
FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering
and Technology, (202) 418-2452.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, ET Docket 96-2, FCC 97-347, adopted September 26, 1997, and
released October 15, 1997. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, N.W., Washington,
D.C., and also may be purchased from the Commission's duplication
contractor, International Transcription Service, (202) 857-3800, 1231
20th Street, N.W. Washington, D.C. 20036.
The establishment of the Coordination Zone was proposed in the
Notice of Proposed Rule Making, 61 FR 10709, March 15, 1996.
Summary of the Report and Order
1. By this action, the Commission establishes a Coordination Zone
that covers the Puerto Rican Islands. The Coordination Zone requires
applicants for new and modified radio facilities in various
communications services within the Coordination Zone to provide
notification of their proposed operations to the Observatory at the
time their applications are submitted to the Commission. The
Observatory will have 20 days to file comments with the Commission
regarding each application's potential for interference, and applicants
will be responsible for making reasonable efforts to accommodate the
interference concerns of the Observatory. The Coordination Zone and
notification procedures will enable the Observatory to receive
information needed to assess whether an applicant's proposed operations
will cause harmful interference to the Observatory's operations and
will promote efficient resolution of problems through coordination
between applicants and the Observatory.
2. The Commission believes that the Observatory is a unique
scientific tool, and finds that harmful interference to the
Observatory's operations is a serious concern. We also agree with
comments from Puerto Rican telecommunications service providers that
their services are highly important and must be maintained. However, we
note that we have a statutory obligation to prevent and resolve radio
frequency interference through enforcement and effective spectrum
management policies. Whenever possible, we attempt to streamline our
processes and reduce the burden on licensees and license applicants,
but in some instances a minimally increased burden must be imposed to
allow the public the widest range of telecommunications benefits.
3. We agree with Cornell that sources of technical information
currently available to the Observatory are insufficient. Further, the
provision of technical information to the Observatory would be a
minimal burden and could be done electronically at little or no cost to
the applicant. We also agree with Cornell that the four-mile
Commonwealth of Puerto Rico Protection Zone is inadequate to protect
the Observatory's operations. Four miles is a relatively short range
for many radio transmitters, and high power transmitters at a high
elevation can interfere with the Observatory from a much greater
distance. For similar reasons, we believe that a smaller Coordination
Zone not encompassing the entirety of the Puerto Rican Islands would
provide insufficient protection to the Observatory.
4. We disagree with comments from telecommunications providers who
argue that the Coordination Zone will deprive the citizens of Puerto
Rico of adequate radio service. We believe that if service providers
and the Observatory work together, adequate service can be maintained
without harming the operations of the Observatory. We also observe that
adoption of a Coordination Zone would neither allocate additional
spectrum for Radio Astronomy Service (RAS) use, nor provide the
Observatory additional rights to spectrum allocated to other services.
For that reason, we disagree with arguments that state that money
expended by service providers to use frequencies in the Puerto Rican
Islands is relevant to establishment of a Coordination Zone. Further,
we disagree with comments that state that allowing the Observatory to
challenge a license application would result in an illegal delegation
of the Commission's authority to the Observatory to determine whether
an application will be granted. We emphasize that while the Observatory
may challenge an application, only the Commission can make the decision
regarding the grant of that application.
5. Therefore, we are establishing a Coordination Zone that covers
the Puerto Rican Islands. Within the Coordination Zone, applicants in
affected services will be required to submit to the Observatory
technical information about the proposed transmissions no later than
the date the application is filed with the Commission. The technical
submission must include: (1) proposed frequency and FCC Rule Part; (2)
effective radiated power or effective isotropic radiated power; (3)
antenna height; (4) antenna directivity and gain, if any; (5)
geographic coordinates of the antenna (NAD-83 datum); and (6) type of
emission; and (7) whether the proposed use is itinerant. To minimize
the administrative burden on service applicants, we will permit this
notification to be made either in writing or electronically. We believe
that either notification method will help safeguard the Observatory's
operations without diminishing the provision of important radio
services to Puerto Rican citizens.
6. As stated in the NPRM, the sensitivity of the Observatory and
the many types of services that could cause interference necessitates
that we include in the Coordination Zone most services that operate on
frequencies below 15 GHz. While we see no need to include frequencies
above 15 GHz, which are not currently used or requested by the
Observatory, harmonic and spurious emissions from different services
are often spread across a wide range of spectrum below 15 GHz.
Additionally, scientific exploration requires flexibility and the
ability to passively utilize spectrum below 15 GHz that may not be
allocated to the RAS.
7. With respect to Special Temporary Authorizations (STAs), we note
that they are used in several services for a variety of purposes, and
that some of these uses could cause substantial interference to the
operations of the Observatory. We also find that it will be minimally
burdensome in most instances for an STA applicant to provide technical
information to the Observatory at the same time it files the STA
request with the Commission. In the case of an emergency operation, the
licensee will be permitted to notify the Observatory as soon as
possible after beginning operation.
8. With respect to amateur radio operations, we are adopting our
proposal to exclude from the Coordination Zone a large number of
amateur stations. However, we agree with Cornell that new amateur
beacon and repeater stations within 10 miles of
[[Page 55527]]
the Observatory have a significant potential for interference--a
greater potential than Civil Air Patrol repeaters or the Military
Amateur Radio System service--and find that those amateur operations
must be included in the Coordination Zone.
9. Accordingly, we are adopting our proposal that most applicants
for part 5, 21, 22, 23, 24, 25, 26, 27, 73, 74, 78, 80, 87, 90, 95, 97,
and 101 services within the Coordination Zone must notify the
Observatory of their proposed operations. This requirement will not
apply to applicants for services that operate on frequencies above 15
GHz, nor will it apply to applicants for mobile stations in land mobile
radio services, temporary base or temporary fixed stations (other than
short-term broadcast auxiliary operations), the Civil Air Patrol, new
amateur stations (other than amateur beacon and repeater stations
within 10 miles of the Observatory), mobile Earth terminals licensed
under part 25, or stations aboard ships or aircraft. We emphasize again
that we are not providing the Observatory additional rights to spectrum
allocated to services, but that the high potential for interference
from multiple services requires an inclusive Coordination Zone.
10. We acknowledge Cornell's concern that our proposed 20-day
Observatory comment period is brief; however, we note that this same
comment period is provided to the National Radio Astronomy Observatory
(NRAO) and appears to have worked satisfactorily. Accordingly, we are
adopting our proposal to permit the Observatory a 20-day comment
period, commencing when the application is filed with us.
11. The Coordination Zone encompasses a large number of services,
operating at differing powers and frequencies. Additionally, factors
such as terrain and propagation characteristics further complicate
interference evaluations. Therefore, we find that it would be extremely
time-consuming and difficult for the Commission to establish
interference standards that would apply to all service applicants.
However, we concur with comments that state that interference
guidelines could lessen coordination problems, and Cornell has proposed
to develop such guidelines. While we are cognizant of the concerns of
service providers regarding Cornell's objectivity in developing these
guidelines, we believe that Cornell will have an incentive to cooperate
with service providers. If Cornell develops unrealistically stringent
guidelines, service providers would undoubtedly challenge them,
resulting in a large administrative burden on Cornell. Further, under a
guideline approach, the Commission would remain the sole entity that
has the authority to rule on any service applications.
12. Accordingly, we are not establishing Commission interference
standards, but are requiring that Cornell provide interference
guidelines to service applicants so that applicants may consider
protection to the Observatory in the early design phase of radio
facilities. Cornell has stated that such guidelines can be made
available to applicants in advance of application preparation. We
believe that these guidelines will help ensure that coordination
between applicants and the Observatory will proceed in a smooth manner,
and as experience is gained by both applicants and Cornell, become
routine.
13. The Commission also proposed requiring applicants to be
responsible for making ``reasonable efforts'' to accommodate the
interference concerns of the Observatory. We find that ``reasonable
efforts'' will vary from case to case, depending on the degree of harm
to the Observatory's operations and the extent of the change needed to
prevent such harm. For example, if significant harm to the
Observatory's operations could be avoided by a service applicant making
a minor, low-cost change to its operations, making that change would be
reasonable. On the other hand, if minor harm to the Observatory's
operations could be avoided only by a service applicant making a major,
high-cost change to its operations, making that change would be
unreasonable. Nonetheless, to attempt to set forth a general definition
of the term ``reasonable efforts'' would be extremely difficult, if not
impossible. We find that use of this term in our rules without
definition would not validate the Administrative Procedure Act.
Further, we are encouraged that the Observatory has in the past
successfully coordinated informally with many providers of Puerto Rican
Island radio services, and believe that there is some understanding
among service providers of what constitutes a ``reasonable effort.'' We
anticipate that future coordination will simply be on a more formal
basis, and that the Observatory and service providers will come to
mutually acceptable agreements in most cases.
14. To the extent that a service applicant and the Observatory
agree that the applicant's proposed operations would cause harmful
interference to the Observatory, the applicant may either pay to modify
its own proposed operations or--with the consent of the Observatory--to
upgrade the Observatory's facilities. Should a dispute arise between
the Observatory and the applicant regarding whether the applicant has
made a reasonable effort to avoid interference to the Observatory, the
applicant may refuse to pay for any modifications or upgrades
recommended by the Observatory and permit the Commission to resolve the
dispute. To the extent that the Commission determines that reasonable
efforts have been made by the applicant to protect the Observatory from
interference, there will be no further obligation for the applicant to
modify its proposed operations or to upgrade the Observatory's
facilities. Consequently, if under those circumstances the Observatory
believes that the applicant's proposed operations must be modified or
its own facilities upgraded to protect the Observatory from
interference, the Observatory will be required to pay for any such
modification or upgrade.
15. We find that all modifications that have a potential to
increase interference to the Observatory must be coordinated with the
Observatory. However, we will rely on the engineering judgment of the
service applicant to determine when a minor modification has the
potential for increased interference. We believe this approach is
preferable to requiring that all minor modifications be reported to the
Observatory, because the latter approach could significantly increase
the administrative burden on both the applicant and Cornell.
16. We have been streamlining our applications process for several
commercial wireless radio services to reduce unnecessary paperwork and
increase efficiency. For example, with respect to paging towers,
cellular base stations, and PCS base stations, no individual station
licenses are issued--rather, geographical licenses are issued to cover
an entire area. Some commercial wireless entities argue that the
Coordination Zone should not apply to these services, except to the
extent that the Commission must be notified of their operations.
17. Although the Commission is streamlining the application process
for commercial wireless services, we find no reason why transmitters in
services in which individual licenses are not issued should not have to
comply with the requirements of the Coordination Zone. Further, we note
that operators in these services must comply with the notification
requirements of the Radio Quiet Zone when new transmitters are
introduced, and believe it will be minimally burdensome for them to
notify the Observatory.
[[Page 55528]]
18. Accordingly, operators of transmitters in services in which no
individual licenses are issued will be required to notify the
Observatory at least 45 days prior to commencing operations of a new
transmitter that may cause harmful interference to the operations of
the Observatory. We will rely upon each operator to determine when a
transmitter may pose an interference threat to the operations of the
Observatory. As is the case with other services within the Coordination
Zone, the Observatory will have 20 days to file comments with the
Commission regarding any such transmitter.
19. We will permit part 90 service applicants to make their
notifications to the Observatory through recognized frequency
coordinators, while holding applicants responsible for making
reasonable efforts to accommodate the interference concerns of the
Observatory. We find that advance coordination with several parties,
including the Observatory, is sufficient in cases in which no changes
that could affect the operations of the Observatory are made to the
application subsequent to such coordination. However, to the extent
that such changes are made, the Observatory must be notified at the
time the application is filed with the Commission. Our goal is to
permit flexibility in coordination, while ensuring that the Observatory
has adequate notice of applications that could affect its operations.
20. It is ordered, that parts 5, 21, 22, 23, 24, 25, 26, 27, 73,
74, 78, 80, 87, 90, 95, 97, and 101 are AMENDED. This action is
authorized by Sections 4(i), 303(c), 303(f), 303(g), 303(r) and
309(j)(13) of the Communications Act of 1934, as amended, 47 U.S.C.
Section 154(i), 303(c), 303(f), 303(g), 303(r), and 309(j)(13).
Final Regulatory Flexibility Analysis
21. As required by Section 603 of the Regulatory Flexibility Act, 5
U.S.C. 603 (``RFA''), an Initial Regulatory Flexibility Analysis
(``IRFA'') was incorporated into the NPRM in ET Docket No. 92-
6.1 The Commission sought written public comments on the
proposals in the NPRM, including the IRFA. The Commission's Final
Regulatory Flexibility Analysis (``FRFA'') in this Report and Order
conforms to the RFA, as amended by the Contract With America
Advancement Act of 1996 (CWAAA), Public Law 104-121, 110 Stat. 847
(1996).2
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\1\ 11 FCC Rcd 1716 (1996).
\2\ Subtitle II of the CWAAA is ``The Small Business Regulatory
Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C.
601 et seq.
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Need for and Objective of the Rules
22. In this decision, the Commission establishes a Coordination
Zone that covers the islands of Puerto Rico, Desecheo, Mona, Vieques,
and Culebra within the Commonwealth of Puerto Rico (the Puerto Rican
Islands). The Arecibo Observatory is the largest and most sensitive
radio astronomy facility in the world and the increasing number of
communications services on Puerto Rico has cause increased interference
problems for the Observatory. The Coordination Zone is needed to inform
the Arecibo Observatory of future stations that may have a potential to
interfere with the Observatory's operations and to encourage applicants
for radio services to coordinate their operations with the Observatory
to prevent interference problems.
Summary of Issues Raised by the Public Comments in Response to the IRFA
23. No comments were filed in direct response to the IRFA. In
general comments to the NPRM, however, some parties raised concerns
that establishment of a Coordination Zone might burden Commission
licensees and license applicants, including some entities that may be
small businesses. Specifically, some parties that would be affected by
the Coordination Zone argue that it is an unnecessary burden that would
delay the provision of communications services and increase the costs
of establishing an operation with limited benefit to the Observatory.
Some comments argue that this action would give the Observatory
additional rights to spectrum not allocated to the Radio Astronomy
Service and would delegate authority to the Observatory to determine
whether a proposed station would cause interference and whether the
application should be granted. However, the Commission has determined
that providing the Observatory information regarding proposed
facilities would be a minimal burden, and that the public benefit in
protecting the Observatory's operations from harmful interference
justifies any minimal burden that may be created. Further, an applicant
may refuse to make modifications that it believes are unreasonable and
permit the Commission to determine whether such modifications are
necessary. If the Commission determines that an applicant has made a
reasonable effort to address the interference concerns of the
Observatory, the application may be granted even if the resultant
operations cause interference to the Observatory.
Description and Estimate of Small Entities Subject to Which Rules Will
Apply
24. The rules adopted in the Report and Order will apply to
applicants for part 5, 21, 22, 23, 24, 25, 26, 27, 73, 74, 78, 80, 87,
90, 94, 95 and 97 services within the Coordination Zone, with the
following exceptions: The rules will apply only to applicants for
services that operate on frequencies under 15 GHz, and will not apply
to applicants for mobile stations in land mobile radio services,
temporary base or temporary fixed stations (other than short-term
broadcast auxiliary operations), the Civil Air Patrol, new amateur
stations (other than amateur beacon and repeater stations within 10
miles of the Observatory), mobile Earth terminals licensed under Part
25, or stations aboard ships or aircraft. The Commission has not
developed a definition of small entities applicable to the services
affected by this Report and Order. Therefore, the applicable definition
of small entity is the one under the Small Business Administration
(SBA) rules applicable to Communications Services, Not Elsewhere
Classified. This definition provides that a small entity is expressed
as one with $11.0 million or less in annual receipts.3 We
acknowledge the likelihood that under this definition the great
majority of entities affected by the Report and Order are small
entities; however, the number of such entities cannot be accurately
estimated.
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\3\ 13 CFR Sec. 121.201, Standard Industrial Classification
(SIC) Code 4899.
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Projected Reporting, Recordkeeping and Other Compliance Requirements of
the Rules
25. The Coordination Zone will require applicants for new and
modified radio facilities in various communications services within the
affected areas to provide notification of their proposed operations to
the Observatory, at the time their applications are submitted to the
Commission. The Coordination Zone will facilitate advanced coordination
between the Observatory and applicants for new services so that
applicants can consider the protection of the Observatory when
designing their system. Service applicants will be responsible for
making reasonable efforts to accommodate the interference concerns of
the Observatory and the Observatory will be permitted to file comments
regarding an application up to 20 days after the application is filed
with the Commission.
[[Page 55529]]
26. The Coordination Zone encompasses a large number of services,
operating at differing powers and frequencies. Additionally, factors
such as terrain and propagation characteristics further complicate
interference evaluations. Therefore, we find that it would be extremely
time-consuming and difficult for the Commission to establish
interference standards that would apply to all service applicants.
However, we concur with comments that state that interference
guidelines could lessen coordination problems, and Cornell has proposed
to develop such guidelines. While we are cognizant of the concerns of
service providers regarding Cornell's objectivity in developing these
guidelines, we believe that Cornell will have an incentive to cooperate
with service providers. If Cornell develops unrealistically stringent
guidelines, service providers would undoubtedly challenge them,
resulting in a large administrative burden on Cornell. Further, under a
guideline approach, the Commission would remain the sole entity that
has the authority to delay any service applications, if we find that an
applicant has not made reasonable efforts to avoid interference to the
Observatory.
27. We are not establishing Commission interference standards, but
are adopting SBE's alternative proposal that Cornell provide
interference guidelines to service applicants so that applicants may
consider protection to the Observatory in the early design phase of
radio facilities. Cornell has stated that such guidelines can be made
available to applicants in advance of application preparation. We
believe that these guidelines will help ensure that coordination
between applicants and the Observatory will proceed in a smooth manner,
and as experience is gained by both applicants and Cornell, become
routine.
Steps Taken to Minimize Significant Economic Impact on Small Entities
Consistent with Stated Objectives
28. To the extent that a service applicant and the Observatory
agree that the applicant's proposed operations would cause harmful
interference to the Observatory, the applicant may either pay to modify
its own proposed operations or--with the consent of the Observatory--to
upgrade the Observatory's facilities. Should a dispute arise between
the Observatory and the applicant regarding whether the applicant has
made a reasonable effort to avoid interference to the Observatory, the
applicant may refuse to pay for any modifications or upgrades
recommended by the Observatory and permit the Commission to resolve the
dispute. To the extent that the Commission determines that reasonable
efforts have been made by the applicant to protect the Observatory from
interference, there will be no further obligation for the applicant to
modify its proposed operations or to upgrade the Observatory's
facilities. Consequently, if under those circumstances the Observatory
believes that the applicant's proposed operations must be modified or
its own facilities upgraded to protect the Observatory from
interference, the Observatory will be required to pay for any such
modification or upgrade.
29. Report to Congress: The Commission shall send a copy of this
Final Regulatory Flexibility Analysis, along with this Report and
Order, in a report to Congress pursuant to the Small Business
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
Sec. 801(a)(1)(A).
List of Subjects
47 CFR Part 5
Radio.
47 CFR Part 21
Communications common carriers, Radio.
47 CFR Part 22
Communications common carriers, Radio.
47 CFR Part 23
Communications common carriers, Radio.
47 CFR Part 24
Personal communications services, Radio.
47 CFR Part 25
Communications common carriers, Radio.
47 CFR Part 26
General wireless communications service, Radio.
47 CFR Part 27
Wireless communications service, Radio.
47 CFR Part 73
Radio broadcasting, Television broadcasting.
47 CFR Part 74
Radio broadcasting, Television broadcasting.
47 CFR Part 78
Cable television, Radio.
47 CFR Part 80
Marine safety, Radio.
47 CFR Part 87
Defense communications, Radio.
47 CFR Part 90
Land mobile, Radio.
47 CFR Part 95
Radio.
47 CFR Part 97
Civil defense, Radio.
47 CFR Part 101
Fixed microwave services, Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Title 47 of the Code of Federal Regulations, Parts 5, 21, 22, 23,
24, 25, 26, 27, 73, 74, 78, 80, 87, 90, 95, 97, and 101 are amended as
follows:
PART 5--EXPERIMENTAL RADIO SERVICES (OTHER THAN BROADCAST)
1. The authority citation for part 5 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303. Interpret or apply sec. 301, 48 Stat. 1081, as
amended; 47 U.S.C. 301.
2. Section 5.70 is added to read as follows:
Sec. 5.70 Notification to the Arecibo Observatory.
Any applicant for a new permanent base or fixed station to be
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and
Culebra, or for a modification of an existing authorization which would
change the frequency, power, antenna height, directivity, or location
of a station on these islands and would increase the likelihood of the
authorized facility causing interference, shall notify the Interference
Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico
00613, in writing or electronically, of the technical parameters of the
proposal. Applicants may wish to consult interference guidelines, which
will be provided by Cornell University. Applicants who choose to
transmit information electronically should e-mail to: prcz@naic.edu
(a) The notification to the Interference Office, Arecibo
Observatory shall be made prior to, or simultaneously with, the filing
of the application with the Commission. The notification shall state
[[Page 55530]]
the geographical coordinates of the antenna (NAD-83 datum), antenna
height above ground, ground elevation at the antenna, antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. Generally, submission of the information in the technical
portion of the FCC license application is adequate notification. In
addition, the applicant shall indicate in its application to the
Commission the date notification was made to the Arecibo Observatory.
(b) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application,
as appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
(c) The provisions of this paragraph do not apply to operations
that transmit on frequencies above 15 GHz.
PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES
1. The authority citation for part 21 continues to read as follows:
Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073,
1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151,
154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47
U.S.C. 552, 554.
2. Section 21.113 is amended by revising the section heading and
adding new paragraph (d) to read as follows:
Sec. 21.113 Quiet zones and Arecibo Coordination Zone.
* * * * *
(d) Any applicant for a new permanent base or fixed station to be
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and
Culebra, or for a modification of an existing authorization which would
change the frequency, power, antenna height, directivity, or location
of a station on these islands and would increase the likelihood of the
authorized facility causing interference, shall notify the Interference
Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico
00613, in writing or electronically, of the technical parameters of the
proposal. Applicants may wish to consult interference guidelines, which
will be provided by Cornell University. Applicants who choose to
transmit information electronically should e-mail to: prcz@naic.edu
(1) The notification to the Interference Office, Arecibo
Observatory shall be made prior to, or simultaneously with, the filing
of the application with the Commission. The notification shall state
the geographical coordinates of the antenna (NAD-83 datum), antenna
height above ground, ground elevation at the antenna, antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. Generally, submission of the information in the technical
portion of the FCC license application is adequate notification. In
addition, the applicant shall indicate in its application to the
Commission the date notification was made to the Arecibo Observatory.
(2) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application,
as appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
(3) The provisions of this paragraph do not apply to operations
that transmit on frequencies above 15 GHz.
PART 22--PUBLIC MOBILE SERVICES
1. The authority citation for part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 303, unless otherwise noted.
2. Section 22.369 is amended by revising the section heading and
adding new paragraph (d) to read as follows:
Sec. 22.369 Quiet zones and Arecibo Coordination Zone.
* * * * *
(d) Arecibo, Puerto Rico. The requirements of this paragraph are
intended to minimize possible interference at the Arecibo Observatory
in Puerto Rico. Licensees must make reasonable efforts to protect the
Observatory from interference.
(1) Carriers planning to construct and operate a new Public Mobile
Services station at a permanent fixed location on the islands of Puerto
Rico, Desecheo, Mona, Vieques and Culebra or planning a modification of
an existing authorization on these islands that would increase the
likelihood of the authorized facility causing interference must notify,
at least 20 days in advance, the Interference Office, Arecibo
Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in
writing or electronically (e-mail address: prcz@naic.edu), of the
technical parameters of the planned operation. Carriers may wish to use
the interference guidelines provided by Cornell University as guidance
in designing facilities to avoid interference to the Observatory. The
notification must include the geographical coordinates of the antenna
location (NAD-83 datum), the antenna height, antenna directivity (if
any), proposed channel and FCC Rule Part, type of emission, and
effective isotropic radiated power.
(2) When an application for authority to operate a station is filed
with the FCC, the notification required in paragraph (d)(1) of this
section should be sent at the same time. The application must state the
date that notification in accordance with paragraph (d)(1) of this
section was made. After receipt of such applications, the FCC will
allow a period of 20 days for comments or objections in response to the
notifications indicated.
(3) If an objection to the planned operation is received during the
20-day period from the Interference Office, the FCC will take whatever
action is deemed appropriate.
PART 23--INTERNATIONAL FIXED PUBLIC RADIOCOMMUNICATION SERVICES
1. The authority citation for part 23 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47
U.S.C. 154, 303. Interpret or apply sec. 301, 48 Stat. 1081; 47
U.S.C. 301.
2. Section 23.20 is amended by adding paragraph (f) to read as
follows:
Sec. 23.20 Assignment of frequencies.
* * * * *
(f) Any applicant for a new permanent base or fixed station to be
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and
Culebra, or for a modification of an existing authorization which would
change the frequency, power, antenna height, directivity, or location
of a station on these islands and would increase the likelihood of the
authorized facility causing interference, shall notify the
[[Page 55531]]
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo,
Puerto Rico 00613, in writing or electronically, of the technical
parameters of the proposal. Applicants may wish to consult interference
guidelines, which will be provided by Cornell University. Applicants
who choose to transmit information electronically should e-mail to:
prcz@naic.edu
(1) The notification to the Interference Office, Arecibo
Observatory shall be made prior to, or simultaneously with, the filing
of the application with the Commission. The notification shall state
the geographical coordinates of the antenna (NAD-83 datum), antenna
height above ground, ground elevation at the antenna, antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. Generally, submission of the information in the technical
portion of the FCC license application is adequate notification. In
addition, the applicant shall indicate in its application to the
Commission the date notification was made to the Arecibo Observatory.
(2) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application,
as appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
(3) The provisions of this paragraph do not apply to operations
that transmit on frequencies above 15 GHz.
PART 24--PERSONAL COMMUNICATIONS SERVICES
1. The authority citation for part 24 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332, unless
otherwise noted.
2. A new Sec. 24.18 is added to read as follows:
Sec. 24.18 Notification to the Arecibo Observatory.
The requirements in this section are intended to minimize possible
interference at the Arecibo Observatory in Puerto Rico. Licensees must
make reasonable efforts to protect the Observatory from interference.
Licensees planning to construct and operate a new station at a
permanent fixed location on the islands of Puerto Rico, Desecheo, Mona,
Vieques and Culebra or planning a modification of an existing
authorization on these islands that would increase the likelihood of
the authorized facility causing interference must notify, at least 20
days in advance of such operation, the Interference Office, Arecibo
Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in
writing or electronically (e-mail address: prcz@naic.edu), of the
technical parameters of the planned operation. Licensees may wish to
use the interference guidelines provided by Cornell University as
guidance in designing facilities to avoid interference to the
Observatory. The notification must include the geographical coordinates
of the antenna location (NAD-83 datum), the antenna height, antenna
directivity (if any), proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. If an objection to the planned operation is received during
the 20-day period from the Interference Office, the FCC will take
whatever action is deemed appropriate.
PART 25--SATELLITE COMMUNICATIONS
1. The authority citation for part 25 continues to read as follows:
Authority: Secs. 25.101 to 25.601 issued under Sec. 4, 48 Stat.
1066, as amended; 47 U.S.C. 154. Interpret or apply secs. 101-104,
76 Stat. 419-427; 47 U.S.C. 701-744; 47 U.S.C. 554.
2. Section 25.203(i) is added to read as follows:
Sec. 25.203 Choice of sites and frequencies.
* * * * *
(i) Any applicant for a new permanent transmitting fixed earth
station authorization to be located on the islands of Puerto Rico,
Desecheo, Mona, Vieques, and Culebra, or for a modification of an
existing authorization which would change the frequency, power, antenna
height, directivity, or location of such station on these islands and
would increase the likelihood of the authorized facility causing
interference, shall notify the Interference Office, Arecibo
Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in
writing or electronically, of the technical parameters of the proposal.
Applicants may wish to consult interference guidelines, which will be
provided by Cornell University. Applicants who choose to transmit
information electronically should e-mail to: prcz@naic.edu
(1) The notification to the Interference Office, Arecibo
Observatory shall be made prior to, or simultaneously with, the filing
of the application with the Commission. The notification shall state
the geographical coordinates of the antenna (NAD-83 datum), antenna
height above ground, ground elevation at the antenna, antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. Generally, submission of the information in the technical
portion of the FCC license application is adequate notification. In
addition, the applicant shall indicate in its application to the
Commission the date notification was made to the Arecibo Observatory.
(2) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application,
as appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
(3) The provisions of this paragraph do not apply to operations
that transmit on frequencies above 15 GHz.
* * * * *
PART 26--GENERAL WIRELESS COMMUNICATIONS SERVICE
1. The authority citation for part 26 continues to read as follows:
Authority: 47 U.S.C. Sections 154, 301, 302, 303, 309, and 332,
unless otherwise noted.
2. A new Sec. 26.105 is added to read as follows:
Sec. 26.105 Notification to the Arecibo Observatory.
The requirements in this section are intended to minimize possible
interference at the Arecibo Observatory in Puerto Rico. Licensees must
make reasonable efforts to protect the Observatory from interference.
Licensees planning to construct and operate a new station at a
permanent fixed location on the islands of Puerto Rico, Desecheo, Mona,
Vieques and Culebra or planning a modification of an existing
authorization on these islands that would increase the likelihood of
the
[[Page 55532]]
authorized facility causing interference must notify, at least 20 days
in advance of such operation, the Interference Office, Arecibo
Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in
writing or electronically (e-mail address: prcz@naic.edu), of the
technical parameters of the planned operation. Licensees may wish to
use the interference guidelines provided by Cornell University as
guidance in designing facilities to avoid interference to the
Observatory. The notification must include the geographical coordinates
of the antenna location (NAD-83 datum), the antenna height, antenna
directivity (if any), proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. If an objection to the planned operation is received during
the 20-day period from the Interference Office, the FCC will take
whatever action is deemed appropriate.
PART 27--WIRELESS COMMUNICATIONS SERVICE
1. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, and
332, unless otherwise noted.
2. Section 27.62 is added to read as follows:
Sec. 27.62 Notification to the Arecibo Observatory.
The requirements in this section are intended to minimize possible
interference at the Arecibo Observatory in Puerto Rico. Licensees must
make reasonable efforts to protect the Observatory from interference.
Licensees planning to construct and operate a new station at a
permanent fixed location on the islands of Puerto Rico, Desecheo, Mona,
Vieques and Culebra or planning a modification of an existing
authorization on these islands that would increase the likelihood of
the authorized facility causing interference must notify, at least 20
days in advance of such operation, the Interference Office, Arecibo
Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in
writing or electronically (e-mail address: prcz@naic.edu), of the
technical parameters of the planned operation. Licensees may wish to
use the interference guidelines provided by Cornell University as
guidance in designing facilities to avoid interference to the
Observatory. The notification must include the geographical coordinates
of the antenna location (NAD-83 datum), the antenna height, antenna
directivity (if any), proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. If an objection to the planned operation is received during
the 20-day period from the Interference Office, the FCC will take
whatever action is deemed appropriate.
PART 73--RADIO BROADCAST SERVICES
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334.
2. Section 73.1030 is amended by redesignating paragraph (a) as
paragraph (a)(1) and adding new paragraph (a)(2) to read as follows:
Sec. 73.1030 Notifications concerning interference to radio astronomy,
research and receiving installations.
(a) * * *
(2) Any applicant for a new permanent base or fixed station
authorization to be located on the islands of Puerto Rico, Desecheo,
Mona, Vieques, and Culebra, or for a modification of an existing
authorization which would change the frequency, power, antenna height,
directivity, or location of a station on these islands and would
increase the likelihood of the authorized facility causing
interference, shall notify the Interference Office, Arecibo
Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in
writing or electronically, of the technical parameters of the proposal.
Applicants may wish to consult interference guidelines, which will be
provided by Cornell University. Applicants who choose to transmit
information electronically should e-mail to: prcz@naic.edu
(i) The notification to the Interference Office, Arecibo
Observatory shall be made prior to, or simultaneously with, the filing
of the application with the Commission. The notification shall state
the geographical coordinates of the antenna (NAD-83 datum), antenna
height above ground, ground elevation at the antenna, antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, and effective radiated power. Generally, submission of the
information in the technical portion of the FCC license application is
adequate notification. In addition, the applicant shall indicate in its
application to the Commission the date notification was made to the
Arecibo Observatory.
(ii) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application,
as appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
1. The authority citation for part 74 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as
amended; 47 U.S.C. 154, 303, 554.
2. A new Sec. 74.24(j) is added to read as follows:
Sec. 74.24 Short-term operation.
* * * * *
(j)(1) This paragraph applies only to operations which will
transmit on frequencies under 15 GHz. Prior to commencing short-term
operation of a remote pickup broadcast station, a remote pickup
automatic relay station, an aural broadcast STL station, an aural
broadcast intercity relay station, a TV STL station, a TV intercity
relay station, a TV translator relay station, a TV pickup station, or a
TV microwave booster station within the 4-mile (6.4 kilometer) radius
Commonwealth of Puerto Rico Protection Zone (centered on NAD-83
Geographical Coordinates North Latitude 18 deg.20'38.28'', West
Longitude 66 deg.45'09.42''), an applicant must notify the Arecibo
Observatory, located near Arecibo, Puerto Rico. Operations within the
Puerto Rico Coordination Zone (i.e., on the islands of Puerto Rico,
Desecheo, Mona, Vieques, or Culebra), but outside the Protection Zone,
whether short term or long term, shall provide notification to the
Arecibo Observatory prior to commencing operation. Notification should
be directed to the following: Interference Office, Arecibo Observatory,
Post Office Box 995, Arecibo, Puerto Rico 00613, Tel. (809) 878-2612,
Fax (809) 878-1861, E-mail prcz@naic.edu.
(2) Notification of short-term operations may be provided by
telephone, fax, or electronic mail. The notification for long-term
operations shall be written or electronic, and shall
[[Page 55533]]
set forth the technical parameters of the proposed station, including
the geographical coordinates of the antenna (NAD-83 datum), antenna
height above ground, ground elevation at the antenna, antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. Applicants may wish to consult interference guidelines,
which will be provided by Cornell University. In addition, the
applicant shall indicate in its application to the Commission the date
notification was made to the Observatory. Generally, submission of the
information in the technical portion of the FCC license application is
adequate notification. After receipt of such applications in non-
emergency situations, the Commission will allow the Arecibo Observatory
a period of 20 days for comments or objections in response to the
notification indicated. The applicant will be required to make
reasonable efforts in order to resolve or mitigate any potential
interference problem with the Arecibo Observatory and to file either an
amendment to the application or a modification application, as
appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted. In
emergency situations in which prior notification or approval is not
practicable, notification or approval must be accomplished as soon as
possible after operations begin.
PART 78--CABLE TELEVISION RELAY SERVICE
1. The authority citation for part 78 continues to read as follows:
Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C.
152, 153, 154, 301, 303, 307, 308, 309.
2. Section 78.19 is amended by redesignating paragraph (c) as
paragraph (c)(1) and adding new paragraph (c)(2) to read as follows:
Sec. 78.19 Interference.
* * * * *
(c) * * *
(2) Any applicant for a new permanent base or fixed station
authorization to be located on the islands of Puerto Rico, Desecheo,
Mona, Vieques, and Culebra, or for a modification of an existing
authorization which would change the frequency, power, antenna height,
directivity, or location of a station on these islands and would
increase the likelihood of the authorized facility causing
interference, shall notify the Interference Office, Arecibo
Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in
writing or electronically, of the technical parameters of the proposal.
Applicants may wish to consult interference guidelines, which will be
provided by Cornell University. Applicants who choose to transmit
information electronically should e-mail to: prcz@naic.edu
(i) The notification to the Interference Office, Arecibo
Observatory shall be made prior to, or simultaneously with, the filing
of the application with the Commission. The notification shall state
the geographical coordinates of the transmit antenna (NAD-83 datum),
antenna height above ground, ground elevation at the antenna, antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, effective isotropic radiated power, and whether the proposed
use is itinerant. Generally, submission of the information in the
technical portion of the FCC license application is adequate
notification. In addition, the applicant shall indicate in its
application to the Commission the date notification was made to the
Arecibo Observatory.
(ii) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application,
as appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
(iii) The provisions of this paragraph do not apply to operations
that transmit on frequencies above 15 GHz.
* * * * *
PART 80--STATIONS IN THE MARITIME SERVICES
1. The authority citation for part 80 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303, 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.
2. A new Sec. 80.21(f) is added to read as follows:
Sec. 80.21 Supplemental information required.
* * * * *
(f) Any applicant for a new permanent base or fixed station to be
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and
Culebra, or for a modification of an existing authorization which would
change the frequency, power, antenna height, directivity, or location
of a station on these islands and would increase the likelihood of the
authorized facility causing interference, shall notify the Interference
Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico
00613, in writing or electronically, of the technical parameters of the
proposal. Applicants may wish to consult interference guidelines, which
will be provided by Cornell University. Applicants who choose to
transmit information electronically should e-mail to: prcz@naic.edu
(1) The notification to the Interference Office, Arecibo
Observatory shall be made prior to, or simultaneously with, the filing
of the application with the Commission. The notification shall state
the geographical coordinates of the antenna (NAD-83 datum), antenna
height above ground, ground elevation at the antenna, antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. Generally, submission of the information in the technical
portion of the FCC license application is adequate notification. In
addition, the applicant shall indicate in its application to the
Commission the date notification was made to the Arecibo Observatory.
(2) After receipt of such applications, the Commission will allow a
period of 20 days for comments or objections in response to the
notification indicated. The applicant will be required to make
reasonable efforts in order to resolve or mitigate any potential
interference problem with the Arecibo Observatory and to file either an
amendment to the application or a modification application, as
appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
(3) The provisions of this paragraph do not apply to operations
that transmit on frequencies above 15 GHz.
PART 87--AVIATION SERVICES
1. The authority citation for part 87 continues to read as follows:
[[Page 55534]]
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303,
unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-
1105, as amended; 47 U.S.C. 151-156, 301-609.
2. Section 87.23 is amended by redesignating paragraph (a) as
paragraph(a)(1) and adding new paragraph (a)(2) to read as follows:
Sec. 87.23 Supplemental information required.
(a) * * *
(2) Any applicant for a new permanent base or fixed station to be
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and
Culebra, or for a modification of an existing authorization which would
change the frequency, power, antenna height, directivity, or location
of a station on these islands and would increase the likelihood of the
authorized facility causing interference, shall notify the Interference
Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico
00613, in writing or electronically, of the technical parameters of the
proposal. Applicants may wish to consult interference guidelines, which
will be provided by Cornell University. Applicants who choose to
transmit information electronically should e-mail to: prcz@naic.edu.
(i) The notification to the Interference Office, Arecibo
Observatory shall be made prior to, or simultaneously with, the filing
of the application with the Commission. The notification shall state
the geographical coordinates of the antenna (NAD-83 datum), antenna
height above ground, ground elevation at the antenna, antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. Generally, submission of the information in the technical
portion of the FCC license application is adequate notification. In
addition, the applicant shall indicate in its application to the
Commission the date notification was made to the Arecibo Observatory.
(ii) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application,
if appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
(iii) The provisions of this paragraph do not apply to Civil Air
Patrol stations or to operations that transmit on frequencies above 15
GHz.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
1. The authority citation for part 90 continues to read as follows:
Authority: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303, and 332, unless otherwise noted.
2. Section 90.129(e) is revised to read as follows:
Sec. 90.129 Supplemental information to be routinely submitted with
applications.
* * * * *
(e) Applicants proposing to construct a radio station in the
vicinity of radio astronomy observatories in West Virginia; on the
islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra; or in the
vicinity of a radio receiving zone in Colorado must submit the
statements prescribed by Sec. 90.177.
* * * * *
3. Section 90.177 is amended by revising the introductory paragraph
and adding new paragraph (f) to read as follows:
Sec. 90.177 Protection of certain radio receiving locations.
This section pertains to applications for new or modified
authorizations in the vicinity of the National Radio Astronomy
Observatory, Green Bank, Pocahontas County, WV; the Naval Radio
Research Observatory, Sugar Grove, Pendleton County, WV; the Arecibo
Observatory, which is part of the National Astronomy and Ionosphere
Center, located near Arecibo, PR; the Table Mountain Radio Receiving
Zone, Boulder County, CO.; the Federal Communications Commission
monitoring stations; and other protected sites.
* * * * *
(f) Any applicant for a new permanent base or fixed station to be
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and
Culebra, or for a modification of an existing authorization which would
change the frequency, power, antenna height, directivity, or location
of a station on these islands and would increase the likelihood of the
authorized facility causing interference, shall notify the Interference
Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico
00613, in writing or electronically, of the technical parameters of the
proposal. Applicants may wish to consult interference guidelines, which
will be provided by Cornell University. Applicants who choose to
transmit information electronically should e-mail to: prcz@naic.edu.
(1) The notification to the Interference Office, Arecibo
Observatory shall be made prior to, or simultaneously with, the filing
of the application with the Commission. The notification shall state
the geographical coordinates of the antenna (NAD-83 datum), antenna
height above ground, ground elevation at the antenna, antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. Generally, submission of the information in the technical
portion of the FCC license application is adequate notification. In
addition, the applicant shall indicate in its application to the
Commission the date notification was made to the Arecibo Observatory.
(2) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application,
if appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
(3) The provisions of this paragraph do not apply to operations
that transmit on frequencies above 15 GHz.
PART 95--PERSONAL RADIO SERVICES
1. The authority citation for part 95 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303.
2. A new Sec. 95.42 is added to read as follows:
Sec. 95.42 Considerations in the Puerto Rico Coordination Zone.
Any applicant for a new base or fixed station authorization to be
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and
Culebra, or for a modification of an existing authorization which would
change the frequency, power, antenna height, directivity, or location
of a station on these islands and would increase the likelihood of the
authorized facility
[[Page 55535]]
causing interference, shall notify the Interference Office, Arecibo
Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in
writing or electronically, of the technical parameters of the proposal.
Applicants may wish to consult interference guidelines, which will be
provided by Cornell University. Applicants who choose to transmit
information electronically should e-mail to: prcz@naic.edu.
(a) The notification to the Interference Office, Arecibo
Observatory shall be made prior to, or simultaneously with, the filing
of the application with the Commission. The notification shall state
the geographical coordinates of the antenna (NAD-83 datum), antenna
height above ground, ground elevation at the antenna, antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. Generally, submission of the information in the technical
portion of the FCC license application is adequate notification. In
addition, the applicant shall indicate in its application to the
Commission the date notification was made to the Arecibo Observatory.
(b) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application,
as appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
(c) The provisions of this paragraph do not apply to operations
that transmit on frequencies above 15 GHz.
3. A new Sec. 95.192(d) is added to read as follows:
Sec. 95.192 (FRS Rule 2) Authorized locations.
* * * * *
(d) Anyone intending to operate an FRS unit on the islands of
Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that
could pose an interference threat to the Arecibo Observatory shall
notify the Interference Office, Arecibo Observatory, Post Office Box
995, Arecibo, Puerto Rico 00613, in writing or electronically, of the
location of the unit. Operators may wish to consult interference
guidelines, which will be provided by Cornell University. Operators who
choose to transmit information electronically should e-mail to:
prcz@naic.edu.
(1) The notification to the Interference Office, Arecibo
Observatory shall be made 45 days prior to commencing operation of the
unit. The notification shall state the geographical coordinates of the
unit.
(2) After receipt of such notifications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections.
The operator will be required to make reasonable efforts in order to
resolve or mitigate any potential interference problem with the Arecibo
Observatory. If the Commission determines that an operator has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, the unit may be allowed to operate.
4. A new Sec. 95.206(c) is added to read as follows:
Sec. 95.206 (R/C Rule 6) Are there any special restrictions on the
location of my R/C stations?
* * * * *
(c) Anyone intending to operate an R/C station on the islands of
Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that
could pose an interference threat to the Arecibo Observatory shall
notify the Interference Office, Arecibo Observatory, Post Office Box
995, Arecibo, Puerto Rico 00613, in writing or electronically, of the
location of the unit. Operators may wish to consult interference
guidelines, which will be provided by Cornell University. Operators who
choose to transmit information electronically should e-mail to:
prcz@naic.edu.
(1) The notification to the Interference Office, Arecibo
Observatory shall be made 45 days prior to commencing operation of the
unit. The notification shall state the geographical coordinates of the
unit.
(2) After receipt of such notifications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections.
The operator will be required to make reasonable efforts in order to
resolve or mitigate any potential interference problem with the Arecibo
Observatory. If the Commission determines that an operator has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, the unit may be allowed to operate.
5. A new Section 95.405(d) is added to read as follows:
Sec. 95.405 (CB Rule 5) Where may I operate my CB station?
* * * * *
(d) Anyone intending to operate a CB station on the islands of
Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that
could pose an interference threat to the Arecibo Observatory shall
notify the Interference Office, Arecibo Observatory, Post Office Box
995, Arecibo, Puerto Rico 00613, in writing or electronically, of the
location of the unit. Operators may wish to consult interference
guidelines, which will be provided by Cornell University. Operators who
choose to transmit information electronically should e-mail to:
prcz@naic.edu.
(1) The notification to the Interference Office, Arecibo
Observatory shall be made 45 days prior to commencing operation of the
unit. The notification shall state the geographical coordinates of the
unit.
(2) After receipt of such notifications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections.
The operator will be required to make reasonable efforts in order to
resolve or mitigate any potential interference problem with the Arecibo
Observatory. If the Commission determines that an operator has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, the unit may be allowed to operate.
6. A new Sec. 95.840 is added to read as follows:
Sec. 95.840 Considerations in the Puerto Rico Coordination Zone.
Any applicant for a new IVDS system authorization to be located on
the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra, or
for a modification of an existing authorization which would change the
frequency, power, antenna height, directivity, or location of a station
on these islands and would increase the likelihood of the authorized
facility causing interference, shall notify the Interference Office,
Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613,
in writing or electronically, of the technical parameters of the
proposal. Applicants may wish to consult interference guidelines, which
will be provided by Cornell University. Applicants who choose to
transmit information electronically should e-mail to: prcz@naic.edu.
(a) The notification to the Interference Office, Arecibo
Observatory shall be made prior to, or simultaneously with, the filing
of the application with the Commission. The notification shall state
the geographical coordinates of the antenna (NAD-83 datum), antenna
height above ground, ground elevation
[[Page 55536]]
at the antenna, antenna directivity and gain, proposed frequency and
FCC Rule Part, type of emission, effective radiated power, and whether
the proposed use is itinerant. Generally, submission of the information
in the technical portion of the FCC license application is adequate
notification. In addition, the applicant shall indicate in its
application to the Commission the date notification was made to the
Arecibo Observatory.
(b) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application,
as appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
7. A new Sec. 95.1003(c) is added to read as follows:
Sec. 95.1003 Authorized locations.
* * * * *
(c) Anyone intending to operate an LPRS transmitter on the islands
of Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that
could pose an interference threat to the Arecibo Observatory shall
notify the Interference Office, Arecibo Observatory, Post Office Box
995, Arecibo, Puerto Rico 00613, in writing or electronically, of the
location of the unit. Operators may wish to consult interference
guidelines, which will be provided by Cornell University. Operators who
choose to transmit information electronically should e-mail to:
prcz@naic.edu.
(1) The notification to the Interference Office, Arecibo
Observatory shall be made 45 days prior to commencing operation of the
transmitter. The notification shall state the geographical coordinates
of the unit.
(2) After receipt of such notifications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections.
The operator will be required to make reasonable efforts in order to
resolve or mitigate any potential interference problem with the Arecibo
Observatory. If the Commission determines that an operator has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, the unit may be allowed to operate.
PART 97--AMATEUR RADIO SERVICE
1. 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.
2. A new Sec. 97.203(h) is added to read as follows:
Sec. 97.203 Beacon station.
* * * * *
(h) The provisions of this paragraph do not apply to beacons that
transmit on the 1.2 cm or shorter wavelength bands. Before establishing
an automatically controlled beacon within 16 km (10 miles) of the
Arecibo Observatory or before changing the transmitting frequency,
transmitter power, antenna height or directivity of an existing beacon,
the station licensee must give written notification thereof to the
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo,
Puerto Rico 00613, in writing or electronically, of the technical
parameters of the proposal. Licensees who choose to transmit
information electronically should e-mail to: prcz@naic.edu.
(1) The notification shall state the geographical coordinates of
the antenna (NAD-83 datum), antenna height above mean sea level (AMSL),
antenna center of radiation above ground level (AGL), antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. Licensees may wish to consult interference guidelines
provided by Cornell University.
(2) If an objection to the proposed operation is received by the
FCC from the Arecibo Observatory, Arecibo, Puerto Rico, within 20 days
from the date of notification, the FCC will consider all aspects of the
problem and take whatever action is deemed appropriate.
3. A new Sec. 97.205(h) is added to read as follows:
Sec. 97.205 Repeater station.
* * * * *
(h) The provisions of this paragraph do not apply to repeaters that
transmit on the 1.2 cm or shorter wavelength bands. Before establishing
a repeater within 16 km (10 miles) of the Arecibo Observatory or before
changing the transmitting frequency, transmitter power, antenna height
or directivity of an existing repeater, the station licensee must give
written notification thereof to the Interference Office, Arecibo
Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in
writing or electronically, of the technical parameters of the proposal.
Licensees who choose to transmit information electronically should e-
mail to: prcz@naic.edu.
(1) The notification shall state the geographical coordinates of
the antenna (NAD-83 datum), antenna height above mean sea level (AMSL),
antenna center of radiation above ground level (AGL), antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. Licensees may wish to consult interference guidelines
provided by Cornell University.
(2) If an objection to the proposed operation is received by the
FCC from the Arecibo Observatory, Arecibo, Puerto Rico, within 20 days
from the date of notification, the FCC will consider all aspects of the
problem and take whatever action is deemed appropriate.
PART 101--FIXED MICROWAVE SERVICES
1. The authority citation for part 101 continues to read as
follows:
Authority: 47 U.S.C. 154 and 303, unless otherwise noted.
2. Section 101.123 is amended by revising the section heading and
adding new paragraph (d) to read as follows:
Sec. 101.123 Quiet zones and Arecibo Coordination Zone.
* * * * *
(d) Any applicant for a new permanent fixed station authorization
to be located on the islands of Puerto Rico, Desecheo, Mona, Vieques,
and Culebra, or for a modification of an existing authorization which
would change the frequency, power, antenna height, directivity, or
location of a station on these islands and would increase the
likelihood of the authorized facility causing interference, shall
notify the Interference Office, Arecibo Observatory, Post Office Box
995, Arecibo, Puerto Rico 00613, in writing or electronically, of the
technical parameters of the proposal. Applicants may wish to consult
interference guidelines, which will be provided by Cornell University.
Applicants who choose to transmit information electronically should e-
mail to: prcz@naic.edu.
(1) The notification to the Interference Office, Arecibo
Observatory shall be made prior to, or simultaneously with, the filing
of the application with the Commission. The notification shall state
[[Page 55537]]
the geographical coordinates of the antenna (NAD-83 datum), antenna
height above ground, ground elevation at the antenna, antenna
directivity and gain, proposed frequency and FCC Rule Part, type of
emission, effective radiated power, and whether the proposed use is
itinerant. Generally, submission of the information in the technical
portion of the FCC license application is adequate notification. In
addition, the applicant shall indicate in its application to the
Commission the date notification was made to the Arecibo Observatory.
(2) After receipt of such applications, the Commission will allow
the Arecibo Observatory a period of 20 days for comments or objections
in response to the notification indicated. The applicant will be
required to make reasonable efforts in order to resolve or mitigate any
potential interference problem with the Arecibo Observatory and to file
either an amendment to the application or a modification application,
as appropriate. If the Commission determines that an applicant has
satisfied its responsibility to make reasonable efforts to protect the
Observatory from interference, its application may be granted.
(3) The provisions of this paragraph do not apply to operations
that transmit on frequencies above 15 GHz.
[FR Doc. 97-28296 Filed 10-24-97; 8:45 am]
BILLING CODE 6712-01-P
