98-30553. Reallocation of Television Channels 60-69, the 746-806 MHz Band

[Federal Register Volume 63, Number 221 (Tuesday, November 17, 1998)]
[Rules and Regulations]
[Pages 63798-63799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30553]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 97-157, FCC 98-261]


Reallocation of Television Channels 60-69, the 746-806 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: By this Memorandum Opinion and Order, the Commission 
reconsiders its decisions in the Report and Order in this proceeding, 
and declines to change its decision to allow no new television (TV) 
permittees to operate in channels 60-69. The Commission also declines 
to change the status of low-power TV and TV translators in channels 60-
69.

DATES: Effective November 17, 1998.

FOR FURTHER INFORMATION CONTACT: Sean White, Office of Engineering and 
Technology, [phone].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinon and Order, adopted October 5, 1998, and released 
October 9, 1998. The full text of this Commission decision is available 
for inspection and copying during regular business hours in the FCC 
Reference Center (Room CY-C404), 445 Twelfth Street, SW, Washington, 
DC. The complete text of this decision also may be purchased from the 
Commission's duplication contractor, International Transcription 
Service, Inc., [phone], 2100 M Street, N.W., Suite 140, 
Washington, D.C. 20037.

Summary of Memorandum Opinion and Order

    1. In this Memorandum Opinion and Order, the Commission addresses 
four petitions for reconsideration of the Report and Order, 63 FR 6669, 
February 10, 1998, in this proceeding. In the Report and Order, the 
Commission reallocated TV channels 63, 64, 68, and 69 to the fixed and 
mobile services, and designated them for the exclusive use of public 
safety, and channels 60-62 and 65-67 for commercial use pursuant to a 
future auction. The Commission also declined to adopt additional 
protections for low-power TV and TV translator stations beyond those 
adopted in its DTV Proceeding, See In re Advanced Television Systems 
and Their Impact upon the Existing Television Broadcast Service (DTV 
Proceeding), MM Docket No. 87-268, Fifth Report and Order, 62 FR 26996, 
May 16, 1997, (on reconsideration, 63 FR 13546, March 20, 1998); Sixth 
Report and Order, 62 FR 26684, May 14, 1997, (on reconsideration, 63 FR 
15774, April 1998), and stated that no new applications will be 
considered for the provision of analog TV service in channels 60-69, 
but that current applicants would, at a later date, be afforded an 
opportunity to amend their applications to seek channels below 60 upon 
which to provide service. The Commission received petitions for 
reconsideration of the Report and Order from four parties. Three of 
these parties requested reconsideration of the decision to consider 
granting no new applications in channels 60-69, and one requested 
reconsideration of the decision to provide no additional protection to 
low-power TV and TV translator stations.
    2. The Commission found that it had the authority to dismiss 
license applications when the public interest so demands. The 
Commission also found that it was the intention of Congress in the 
Balanced Budget Act of 1997 that channels 60-69 were to be reallocated

[[Page 63799]]

with all due haste, with only ``grandfathering'' for current licensees 
in the band. The Commission also concluded, however, that it was 
important to maximize the utility of the 746-806 MHz band for public 
safety and new commercial services. In addition, any TV application 
granted would have no allotment for a DTV channel and would be required 
to cease analog operations at the end of the DTV transition period. For 
these reasons, the Commission decided not to authorize additional new 
analog full-service television stations on channels 60-69. Upon 
reconsideration in this Memorandum Opinion and Order, the Commission 
affirmed its authority to make these decisions, and held that it had 
been presented with no persuasive arguments to change the decisions 
made in the Report and Order. The Commission stated that it would 
provide applicants a later opportunity to amend their applications to 
seek a channel below 60, but would not authorize additional new full-
service analog TV stations in channels 60-69.

List of Subjects in 47 CFR Part 2

    Frequency allocations and radio treaty matters, Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-30553 Filed 11-16-98; 8:45 am]
BILLING CODE 6712-01-P