[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Rules and Regulations]
[Pages 6669-6675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2757]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 2
[ET Docket No. 97-157; FCC 97-421]
Reallocation of TV Channels 60-69, the 746-806 MHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: By this Report and Order (``R&O''), the Commission reallocates
the 746-806 MHz band, currently television (TV) channels 60-69, as
proposed in the Notice of Proposed Rule Making (``Notice'') in this
proceeding. In consultation with the Secretary of Commerce and the
Attorney General, we allocate 24 megahertz of this band, at 764-776 MHz
and 794-806 MHz, on a primary basis to the fixed and mobile services,
and designate this spectrum for public safety use. We allocate the
remaining 36 megahertz of the band on a primary basis to the fixed,
mobile, and new broadcasting services for commercial use, to be
assigned by auction. During the digital television (``DTV'') transition
period, TV channels 60-69 will continue to be used for analog and
digital TV broadcasting. We are establishing policies for the
protection of such stations during the DTV transition. We are also
providing for continued use of TV channels 60-69 on a secondary basis
for low power TV and translator stations until the end of the DTV
transition period.
EFFECTIVE DATE: April 13, 1998.
FOR FURTHER INFORMATION CONTACT: Sean White, Office of Engineering and
Technology, (202) 418-2453.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, ET Docket 97-157, FCC 97-421, adopted December 31, 1997, and
released January 6, 1998. 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.
Summary of the Report and Order
1. This Report and Order reallocates the 746-806 MHz band,
currently comprising television (TV) channels 60-69, as proposed in the
Notice of Proposed Rule Making in this proceeding, 62 FR 41012, July
31, 1997. The Balanced Budget Act of 1997 (Budget Act) requires the
allocation of 24 megahertz of spectrum for public safety from TV
channels 60-69, in consultation with the Secretary of Commerce and the
Attorney General, not later than January 1, 1998.1 There is
inadequate spectrum to meet the needs of many public safety
organizations, particularly in major metropolitan regions. Public
safety requires spectrum to facilitate interoperability and for new
types of communications capabilities that will strengthen and enhance
public safety. Therefore, as required by the Budget Act, after
consulting with and considering the views of the Secretary of Commerce
and the Attorney General, we are allocating 24 MHz of spectrum (TV
Channels 63, 64, 68, and 69, or, in other words, the 764-776 MHz and
794-806 MHz bands) to the fixed and mobile services on a primary basis
for public
[[Page 6670]]
safety services.2 We have initiated a separate proceeding to
establish the rules that will govern how this spectrum will be used by
public safety agencies. Also in accordance with the Budget Act, we are
allocating the remaining 36 megahertz of channels 60-69 to the fixed
and mobile services on a primary basis, and retaining the primary
allocation of this spectrum to the broadcasting service. Licenses in
this 36 megahertz of spectrum will be assigned to commercial licensees
through competitive bidding in accordance with procedures that will be
determined in a later proceeding. This 36 megahertz of commercial
spectrum can be used to make new technologies and services available to
the American public. These proposals are an outgrowth of our digital
television (DTV) transition plan. During the DTV transition, channels
60-69 will continue to be used for analog and digital TV broadcasting.
We are establishing policies for the protection of such stations during
the DTV transition. We are also providing for continued use of TV
channels 60-69 on a secondary basis for low power TV and translator
stations until the end of the DTV transition period.
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\1\ See Budget Act, section 3004 (adding new section 337 of the
Communications Act).
\2\ The Budget Act provides that this spectrum is to be
allocated ``for public safety services according to the terms and
conditions established by the Commission, in consultation with the
Secretary of Commerce and the Attorney General.'' Budget Act section
3004(a)(1). Section 3004 of the Budget Act defines public safety
services as
Services--
(A) The sole or principal purpose of which is to protect the
safety of life, health, or property;
(B) That are provided--
(i) By State or local government entities; or
(ii) By nongovernmental organizations that are authorized by a
governmental entity whose primary mission is the provision of such
services; and
(C) That are not made commercially available to the public by
the provider.
Budget Act section 3004(f)(1).
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2. We do not adopt an alternative proposal to allocate channels 66-
69 for public safety instead of channels 63, 64, 68, and 69. It is not
clear that this alternative proposal would reduce adjacent channel
interference. In any event, properly crafted technical rules will
minimize adjacent channel interference. More importantly, this proposal
would have a severe impact on public safety radio communications
equipment. We anticipate that much of the public safety communications
in the 746-806 MHz band will be two-way. Two-way radios require
filtering to permit simultaneous transmission and reception. Small
separations between transmit and receive frequencies increase the size,
weight, power requirements, and cost of these radios. The mobile nature
of public safety communications requires that these factors be
minimized to the extent possible. Manufacturers of radio equipment have
expressed confidence in their ability to design two-way public safety
radios with transmit/receive separations of 30 megahertz. On the other
hand, shorter separations, such as the 12 megahertz suggested by the
alternate proposal, would significantly increase the cost and weight of
public safety radio equipment. Further, the 30 megahertz separation
proposed in the Notice will allow the design of public safety equipment
more compatible with, and more easily integrated into, current public
safety systems in the 800 MHz band. On balance, we believe that
channels 63, 64, 68, and 69 are most appropriate for public safety use,
and therefore, we are reallocating the 764-776 MHz and 794-806 MHz
bands to the fixed and mobile services for this purpose.
3. We reject the argument that broadcasting should not retain an
allocation in the 36 megahertz of commercial spectrum after the DTV
transition. Commenters generally agreed that including full power
broadcasting in this spectrum is likely to cause interference problems
with other commercial applications, especially low-power mobile
applications. We recognize that technical challenges are involved in
sharing spectrum between full power broadcasting and land mobile
services. However, we plan to address sharing issues in our service
rules proceeding, and are not persuaded that such sharing is not
feasible. At the same time, we wish to make it clear that analog TV and
DTV operations not licensed by competitive bidding as provided by the
Budget Act will be required to vacate this spectrum in accordance with
the DTV transition plan. Finally, we find that this allocation will not
deter investment in new communications services or systems, because the
746-806 MHz band is highly desirable spectrum for fixed, mobile, and
broadcasting operations, any of which are likely to attract investment
interest.
4. We observe that our DTV transition plan is currently under
review in a separate proceeding, and that additional DTV allotments are
under consideration for channels 60-69. However, we reject the argument
that we should avoid reallocating this spectrum in order to provide a
``safe haven'' for addressing problems that may arise during the DTV
transition. As an initial matter, we note that the Budget Act directs
the Commission to allocate 24 megahertz of this spectrum for public
safety use and 36 megahertz for commercial use by January 1, 1998. Thus
we do not have the latitude to delay reallocation of this spectrum.
Moreover, even if we had the discretion to do so, we do not believe it
would be necessary to retain this spectrum as a ``safe haven''. The DTV
transition plan is the product of extensive technical study and review.
If problems should arise, in most cases alternative solutions to use of
channels 60-69 will be available. The limited potential benefits of
retaining channels 60-69 as a ``safe haven'' are outweighed by the
costs of delaying much needed public safety services and opportunities
for new services. We also find no merit in the argument that we should
remove immediately all TV broadcasting operations from TV channels 60-
69. The operation of some TV and DTV stations in this spectrum is
clearly required to facilitate the DTV transition; and the Budget Act
provides for this, stating ``[a]ny person who holds a television
broadcast license to operate between 746 and 806 megahertz may not
operate at that frequency after the date on which the digital
television service transition period terminates, as determined by the
Commission.''
5. We recognize that the DTV transition and the reallocation of TV
channels 60-69 to other services will have a significant impact on LPTV
and TV translators. While we are committed to take reasonable steps to
reduce the impact on such operations, we are obligated to facilitate
the DTV transition and to reallocate the TV channels 60-69 as directed
under the Budget Act. Section 3004 of the Budget Act states that anyone
holding a television broadcast license in the band ``may not operate at
that frequency after the date on which the digital television
transition period terminates, as determined by the Commission.''
3 This provision of the Budget Act leaves us no latitude in
clearing LPTV and TV translator stations from the band at the end of
the DTV transition period. We will permit LPTV and TV translators to
continue to operate on channels 60-69 until the end of the DTV
transition period, as long as they do not cause harmful interference to
primary services. The DTV transition period is currently scheduled to
end December 31, 2006, but may be extended in some markets for several
reasons.4 In many rural areas, LPTV and TV translator
licensees will be able to continue
[[Page 6671]]
broadcasting because demand for spectrum for both public safety and
commercial applications is likely to be less in rural areas than in
urban areas.
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\3\ See Budget Act section 3004 (adding new section 337(e)(1) of
the Communications Act).
\4\ Budget Act section 3003 (adding new section 309(j)(14) of
the Communications Act) establishes the conditions under which the
Commission shall extend the end of the DTV transition period beyond
December 31, 2006.
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6. LPTV operators also can be accommodated in other ways. We will
consider whether there are any other steps that may be of benefit to
LPTV and TV translator operations as we develop service rules for the
commercial spectrum. We emphasize that all the provisions we made in
the DTV Proceeding Sixth Report and Order to accommodate LPTV and TV
translator stations also apply to LPTV and TV translator stations in
channels 60-69.
7. We believe that most holders of TV station construction permits
in channels 60-69 are sufficiently advanced in the licensing process
that it would be inequitable to rescind their permits. At the same
time, as we pointed out in the Notice, there are outstanding
construction permits that were issued years ago, on which there has
been little progress. In order to ensure that holders of construction
permits, both for new facilities and modification of existing
facilities, progress in construction, we are establishing a deadline by
which construction must be completed. We believe that three years is
sufficient time for current construction permits to build or improve
their facilities, and also provides a date certain for planning
purposes for public safety agencies and commercial entities. Therefore,
we will cancel any construction permit issued before the release date
of this Report and Order for which no license application has been
filed as of January 2, 2001.
8. We decline to indefinitely protected analog TV stations up to
their maximum possible coverage. Such a measure would deny areas of the
country to public safety and commercial licensees, even though the
current licensees may never increase their coverage to the maximum.
Accordingly, we will protect analog TV licensees up to their actual
coverage until the end of the DTV transition period. In this regard, we
will process requests for minor modifications to existing analog TV
stations and construction permits. However, the planning and
development of new services would be impeded if we were to permit
modifications that increase service area on an indefinite basis. We
believe that licensees have been aware of the DTV transition plan and
have had the opportunity to plan necessary modifications. Accordingly,
as of six months after the release date of this Report and Order we
will no longer accept requests for modifications to increase the
service areas of stations operating on TV channels 60-69. With regard
to DTV, we will protect the full coverage area until the end of the DTV
transition period.5 We recognize that stations may not be
able to provide full coverage initially and we do not wish to impede
growth and development of DTV.
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\5\ DTV coverage areas are established in the DTV Sixth Report
and Order, Paras. 29-33.
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9. In the DTV Sixth Further Notice of Proposed Rule Making, we
provided a final opportunity for the filing of new applications for
analog stations for vacant allotments and rule making petitions to add
channels to the TV Table of Allotments, thereby accommodating parties
who were in the process of preparing application and rule making
submissions. We are aware of the investment in planning, effort, and
money that have been put into these and other pending applications and
petitions to amend the TV allotment table. However, we continue to
believe that it is important to maximize the utility of the 746-806 MHz
band for public safety and new commercial services. For these reasons,
we will not authorize additional new analog full-service television
stations on channels 60-69. However, we will at a later date provide
applicants and petitioners an opportunity to amend their applications
and petitions, if possible, to seek a channel below channel 60. We will
thereafter dismiss any applications or allotment petitions that are not
satisfactorily amended. We direct the Mass Media Bureau to announce the
details of this amendment opportunity by Public Notice, at a date after
we complete action on our broadcast auction proceeding and the
petitions for reconsideration in the DTV proceeding. To encourage
settlements among mutually exclusive applicants, we authorize the Mass
Media Bureau to waive for this special amendment opportunity the rule
which limits reimbursements of applicants to legitimate and prudent
expenses (47 CFR 73.3525(a)(3)). Finally, we note that all conditions
pertaining to the applications and rule making petitions will continue
to apply.
Final Regulatory Flexibility Analysis
10. As required by the Regulatory Flexibility Act
(RFA),6 the Commission incorporated an Initial Regulatory
Flexibility Analysis (IRFA) of the expected significant economic impact
on small entities in the Notice of Proposed Rule Making (Notice) in
this proceeding. The Commission sought written public comments on the
proposals in the Notice, including the IRFA. This Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA, as amended by the
Contract With America Advancement Act of 1996 (CWAAA), Public Law 104-
121, 110 Stat. 847.7
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\6\ 5 U.S.C. 603.
\7\ Public Law 104-121, 110 Stat. 847 (1996)(CWAAA, Subtitle II
of the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA), codified at 5 U.S.C. 601 et seq.).
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A. Need for and Purpose of This Action
11. In this Report and Order, the Commission reallocates the 746-
806 MHz band, television (TV) Channels 60-69, to other services. We
allocate 24 megahertz at 764-776 MHz and 794-806 MHz for public safety
use. We allocate the remaining 36 megahertz at 746-764 MHz and 776-794
MHz to the fixed and mobile services, and to retain the allocation to
the broadcasting service in these bands. We further assure the
protection of full-power TV stations in the band until the transition
to digital television (DTV) is complete, and retain the secondary
status in the band of Low Power TV (LPTV) and TV translator stations
until the end of the DTV transition period. These allocations will help
alleviate a critical shortage of public safety spectrum, make new
technologies and services available to the American public, and allow
more efficient use of spectrum in the 746-806 MHz band.
B. Legal Basis
12. This action is taken pursuant to Sections 4(i), 303(c), 303(f),
303(g), 303(r), and 337(a) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303(c), 303(f), 303(g), 303(r), and 337(a);
and section 3004 of the Balanced Budget Act of 1997, Public Law 105-33,
111 Stat. 251 section 3004 (1997).
C. Summary of Issues Raised by the Public Comments in Response to the
IRFA
13. One commenter responded to the IRFA. The Mountain Broadcasting
Corporation (Mountain) states that individual small businesses in the
televsion broadcasting industry will be harmed by interference and loss
of service resulting from our attempts to clear channels 60-69, while
providing interference protection for DTV service during the DTV
transition. Mountain contends that existing analog UHF stations must be
protected from interference from new DTV stations.8
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\8\ See Mountain Comments at 5-6.
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[[Page 6672]]
D. Changes Made to the Proposed Rules
14. In the Notice in this proceeding, released July 10, 1997, we
proposed to reallocate the 746-806 MHz band, currently comprising TV
channels 60-69. We proposed to allocate 24 megahertz, at 764-776 MHz
and 794-806 MHz (channels 63, 64, 68, and 69) to the fixed and mobile
services, for the exclusive use of public safety services. We proposed
to allocate the remaining 36 megahertz, at 746-764 MHz and 776-794 MHz
(channels 60-62 and 65-67) to the fixed, mobile, and broadcasting
services. We stated in the Notice that we anticipated that licenses in
this 36 megahertz of spectrum would be assigned through competitive
bidding. We also inquired into protection of TV stations on channels
60-69 from interference by new licensees during the DTV transition
period, but deferred specific interference protection standards to a
separate proceeding on service rules for the 746-806 MHz band. We
reaffirmed the secondary status of LPTV and TV translators in the
entire 746-806 MHz band until the end of the DTV transition period, and
inquired whether we should take any other measures to accommodate LPTV
in the band.
15. This Report and Order contains no substantial changes to the
Notice. The only commenter who addressed the IRFA in the Notice
addressed potential DTV-to-analog TV interference problems. This was
not an issue in this proceeding; it was therefore impossible to address
the comment in this Report and Order.
E. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
16. Definition of a ``small business''.
Under the RFA, small entities may include small organizations, small
businesses, and small governmental jurisdictions. 5 U.S.C. 601(6). The
RFA, 5 U.S.C. 601(3), generally defines the term ``small business'' as
having the same meaning as the term ``small business concern'' under
the Small Business Act, 15 U.S.C. 632. 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''). According
to the SBA's regulations, entities engaged in television broadcasting
Standard Industrial Classification (``SIC'') Code 4833--Television
Broadcasting Stations, may have a maximum of $10.5 million in annual
receipts in order to qualify as a small business concern. This standard
also applies in determining whether an entity is a small business for
purposes of the RFA.
17. Issues in applying the definition of a ``small business''. As
discussed below, we could not precisely apply the foregoing definition
of ``small business'' in developing our estimates of the number of
small entities to which the rules will apply. Our estimates reflect our
best judgments based on the data available to us.
An element of the definition of ``small business'' is that the
entity not be dominant in its field of operation. We were unable at
this time to define or quantify the criteria that would establish
whether a specific television station is dominant in its field of
operation. Accordingly, the following estimates of small businesses to
which the new rules will apply do not exclude any television station
from the definition of a small business on this basis and are therefore
over inclusive to that extent. An additional element of the definition
of ``small business'' is that the entity must be independently owned
and operated. As discussed further below, we could not fully apply this
criterion, and our estimates of small businesses to which the rules may
apply may be over inclusive to this extent. The SBA's general size
standards are developed taking into account these two statutory
criteria. This does not preclude us from taking these factors into
account in making our estimates of the numbers of small entities.
18. Television station estimates based on census data. The Notice
of Proposed Rule Making will affect full service television stations,
TV translator facilities, and LPTV stations. The Small Business
Administration defines a television broadcasting station that has no
more than $10.5 million in annual receipts as a small
business.9 Television broadcasting stations consist of
establishments primarily engaged in broadcasting visual programs by
television to the public, except cable and other pay television
services.10 Included in this industry are commercial,
religious, educational, and other television stations.11
Also included are establishments primarily engaged in television
broadcasting and which produce taped television program
materials.12 Separate establishments primarily engaged in
producing taped television program materials are classified under
another SIC number. 13
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\9\ 13 CFR 121.201, Standard Industrial Code (SIC) 4833 (1996).
\10\ Economics and Statistics Administration, Bureau of Census,
U.S. Department of Commerce, 1992 Census of Transportation,
Communications and Utilities, Establishment and Firm Size, Series
UC92-S-1, Appendix A-9 (1995).
\11\ Id. See Executive Office of the President, Office of
Management and Budget, Standard Industrial Classification Manual
(1987), at 283, which describes ``Television Broadcasting Stations
(SIC Code 4833) as:
Establishments primarily engaged in broadcasting visual programs
by television to the public, except cable and other pay television
services. Included in this industry are commercial, religious,
educational and other television stations. Also included here are
establishments primarily engaged in television broadcasting and
which produce taped television program materials.
\12\ Economics and Statistics Administration, Bureau of Census,
U.S. Department of Commerce, supra note 7, Appendix A-9.
\13\ Id.; SIC 7812 (Motion Picture and Video Tape Production);
SIC 7922 (Theatrical Producers and Miscellaneous Theatrical Services
(producers of live radio and television programs).
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19. There were 1,509 television stations operating in the nation in
1992.14 That number has remained fairly constant as
indicated by the approximately 1,551 operating television broadcasting
stations in the nation as of February 28, 1997.15 For
199216 the number of television stations that produced less
than $10.0 million in revenue was 1,155 establishments, or
approximately 77 percent of the 1,509 establishments.17
Thus, the rules will affect approximately 1,551 television stations;
approximately 1,194 of those stations are considered small
businesses.18 These estimates may overstate the number of
small entities since the revenue figures on which they are based do not
include or aggregate revenues from non-television affiliated companies.
We recognize that the rules may also impact minority and women owned
stations, some of which may be small entities. In 1995, minorities
owned and controlled 37 (3.0%) of 1,221 commercial television stations
in the United States.19 According to the
[[Page 6673]]
U.S. Bureau of the Census, in 1987 women owned and controlled 27 (1.9%)
of 1,342 commercial and non-commercial television stations in the
United States.20
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\14\ FCC News Release No. 31327, Jan. 13, 1993; Economics and
Statistics Administration, Bureau of Census, U.S. Department of
Commerce, supra note 7, Appendix A-9.
\15\ FCC News Release No. 7033, March 6, 1997.
\16\ Census for Communications' establishments are performed
every five years ending with a ``2'' or ``7''. See Economics and
Statistics Administration, Bureau of Census, U.S. Department of
Commerce, supra note 7, at III.
\17\ The amount of $10 million was used to estimate the number
of small business establishments because the relevant Census
categories stopped at $9,999,999 and began at $10,000,000. No
category for $10.5 million existed. Thus, the number is as accurate
as it is possible to calculate with the available information.
\18\ We use the 77 percent figure of TV stations operating at
less than $10 million for 1992 and apply it to the 1997 total of
1551 TV stations to arrive at 1,194 stations categorized as small
businesses.
\19\ Minority Commercial Broadcast Ownership in the United
States, U.S. Dep't of Commerce, National Telecommunications and
Information Administration, The Minority Telecommunications
Development Program (``MTDP'') (April 1996). MTDP considers minority
ownership as ownership of more than 50% of a broadcast corporation's
stock, voting control in a broadcast partnership, or ownership of a
broadcasting property as an individual proprietor. Id. The minority
groups included in this report are Black, Hispanic, Asian, and
Native American.
\20\ See Comments of American Women in Radio and Television,
Inc. in MM Docket No. 94-149 and MM Docket No. 91-140, at 4 n.4
(filed May 17, 1995), citing 1987 Economic Censuses, Women-Owned
Business, WB87-1, U.S. Dep't of Commerce, Bureau of the Census,
August 1990 (based on 1987 Census). After the 1987 Census report,
the Census Bureau did not provide data by particular communications
services (four-digit Standard Industrial Classification (SIC) Code),
but rather by the general two-digit SIC Code for communications
(#48). Consequently, since 1987, the U.S. Census Bureau has not
updated data on ownership of broadcast facilities by women, nor does
the FCC collect such data. However, we sought comment on whether the
Annual Ownership Report Form 323 should be amended to include
information on the gender and race of broadcast license owners.
Policies and Rules Regarding Minority and Female Ownership of Mass
Media Facilities, Notice of Proposed Rule Making, 10 FCC Rcd 2788,
2797 (1995), 60 FR 06068, February 1, 1995.
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20. There are currently 4,977 TV translator stations and 1,952 LPTV
stations which would be affected by the allocation policy and other
policies in this proceeding.21 The Commission does not
collect financial information of any broadcast facility and the
Department of Commerce does not collect financial information on these
broadcast facilities. We will assume for present purposes, however,
that most of these broadcast facilities, including LPTV stations, could
be classified as small businesses. As indicated earlier, approximately
77 percent of television stations are designated under this analysis as
potentially small business. Given this, LPTV and TV translator stations
would not likely have revenues that exceed the SBA maximum to be
designated as small businesses.
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\21\ FCC News Release No. 7033, March 6, 1997.
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21. Alternative classification of small television stations. An
alternative way to classify small television stations is by the number
of employees. The Commission currently applies a standard based on the
number of employees in administering its Equal Employment Opportunity
(``EEO'') rule for broadcasting.22 Thus, radio or television
stations with fewer than five full-time employees are exempted from
certain EEO reporting and record keeping requirements.23 We
estimate that the total number of commercial television stations with 4
or fewer employees is 132 and that the total number of noncommercial
educational television stations with 4 or fewer employees is
136.24
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\22\ The Commission's definition of a small broadcast station
for purposes of applying its EEO rule was adopted prior to the
requirement of approval by the Small Business Administration
pursuant to Section 3(a) of the Small Business Act, 15 U.S.C.
632(a), as amended by section 222 of the Small Business Credit and
Business Opportunity Enhancement Act of 1992, Public Law 102-366,
section 222(b)(1), 106 Stat. 999 (1992), as further amended by the
Small Business Administration Reauthorization and Amendments Act of
1994, Public Law 103-403, section 301, 108 Stat. 4187 (1994).
However, this definition was adopted after public notice and an
opportunity for comment. See Report and Order in Docket No. 18244,
23 FCC 2d 430 (1970).
\23\ See, e.g., 47 CFR 73.3612 (Requirement to file annual
employment reports on Form 395-B applies to licensees with five or
more full-time employees); First Report and Order in Docket No.
21474 (In the Matter of Amendment of Broadcast Equal Employment
Opportunity Rules and FCC Form 395), 70 FCC 2d 1466 (1979). The
Commission is currently considering how to decrease the
administrative burdens imposed by the EEO rule on small stations
while maintaining the effectiveness of our broadcast EEO
enforcement. Order and Notice of Proposed Rule Making in MM Docket
No. 96-16 (In the Matter of Streamlining Broadcast EEO Rule and
Policies, Vacating the EEO Forfeiture Policy Statement and Amending
Section 1.80 of the Commission's Rules to Include EEO Forfeiture
Guidelines), 11 FCC Rcd 5154 (1996), 61 FR 9964, March 12, 1996. One
option under consideration is whether to define a small station for
purposes of affording such relief as one with ten or fewer full-time
employees. Id. at para. 21.
\24\ We base this estimate on a compilation of 1995 Broadcast
Station Annual Employment Reports (FCC Form 395-B), performed by
staff of the Equal Opportunity Employment Branch, Mass Media Bureau,
FCC.
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22. We have concluded that the 746-806 MHz band can be recovered
immediately, and that it is in the public interest to reallocate this
spectrum to uses in addition to TV broadcasting. We believe that such a
reallocation is possible while continuing to protect TV. There are 95
full power TV stations, either operating or with approved construction
permits, in Channel 60-69. There are also nine proposed stations, and
approximately 15 stations will be added during the DTV transition
period, for a total of approximately 110 nationwide. There are also
approximately 1,366 LPTV stations and TV translator stations in the
band, operating on a secondary basis to full power TV stations. We
propose to immediately reallocate the 746-806 MHz band in order to
maximize the public benefit available from its use.
23. The RFA also includes small governmental entities as a part of
the regulatory flexibility analysis.25 The definition of a
small governmental entity is one with a population of fewer than
50,000.26 There are approximately 85,006 governmental
entities in the nation.27 This number includes such entities
as states, counties, cities, utility districts and school districts.
There are no figures available on what portion of this number have
populations of fewer than 50,000. However, this number includes 38,978
counties, cities and towns, and of those, 37,566, or 96 percent, have
populations of fewer than 50,000.28 The Census Bureau
estimates that this ratio is approximately accurate for all
governmental entities. Thus, of the approximately 85,006 governmental
entities, we estimate that 96 percent, or 81,600, are small entities
that may be affected by our rules.
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\25\ 5 U.S.C. 601(5).
\26\ Id.
\27\ 1992 Census of Governments, U.S. Bureau of the Census, U.S.
Department of Commerce.
\28\ Id.
---------------------------------------------------------------------------
F. Description of Projected Reporting, Record Keeping and Other
Compliance Requirements
24. None.
G. Significant Alternatives Considered and Rejected
25. We do not provide LPTV and TV translator stations with the same
protection afforded to full-power TV stations. Because of the large
number of such stations, protecting them would significantly diminish
the utility of the 746-806 MHz band to both public safety and
commercial users. Also, LPTV and TV translator stations are secondary
in this band, and we have made public safety and commercial services
primary in the band. We affirm measures which will allow as many LPTV
and TV translator stations as possible to remain in operation until the
end of the DTV transition period. We continue the secondary status of
these stations, so that they will not be required to change or cease
their operations until they actually interfere with one of the newly-
allocated services.
H. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
26. None.
List of Subjects in 47 CFR Part 2
Frequency allocations and radio treaty matters, Radio.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Rules Changes
For the reasons discussed in the preamble part 2 of title 47 of the
Code of Federal Regulations, is amended as follows:
[[Page 6674]]
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302, 303, 307, and 336, unless
otherwise noted.
2. Section 2.106, the Table of Frequency Allocations, is amended as
follows:
a. Remove the existing entries for 614-790 MHz and 790-806 MHz.
b. Add entries in numerical order for 614-746 MHz through 794-
806MHz.
c. In the International Footnotes under heading I., add footnotes
S5.293, S5.296, S5.300, S5.309, S5.310, S5.311, S5.312, S5.313, S5.314,
S5.315, and S5.316 in numerical order.
d. In the Non-Government (NG) Footnotes, remove footnotes NG30 and
NG43, revise footnote NG149, and add in numerical order footnotes NG158
and NG159.
The revisions and additions read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
International table United States table FCC use designators
----------------------------------------------------------------------------------------------------------------
Government Non-
Region 2-- Region 3-- --------------- Government
Region 1-- allocation MHz allocation MHz --------------- Rule Special-use
allocation MHz Allocation Allocation part(s) frequencies
MHz MHz
(1) (2) (3) (4) (5) (6) (7)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
614-746 614-746 614-746 614-746 614-746 RADIO
BROADCASTING BROADCASTING FIXED BROADCASTING BROADCAST
Fixed MOBILE (TV) (73)
Mobile BROADCASTING Auxiliary
Broadcasti
ng (74)
S5.296 S5.300 S5.293 S5.309
S5.311 S5.310
S5.312 S5.311 S5.311 NG128 NG149
746-764 746-764 746-764 746-764 746-764 PRIVATE
BROADCASTING BROADCASTING FIXED FIXED LAND
Fixed MOBILE MOBILE MOBILE
Mobile BROADCASTING BROADCASTING (90)
RADIO
BROADCAST
(TV) (73)
WIRELESS
COMMUNICAT
IONS (27)
Auxiliary
Broadcasti
ng (74)
S5.296 S5.300 S5.293 S5.309
S5.311 S5.310 S5.311 NG128 NG159
S5.312 S5.311
764-776 764-776 764-776 764-776 764-776
BROADCASTING BROADCASTING FIXED FIXED PRIVATE
Fixed MOBILE MOBILE LAND
Mobile BROADCASTING MOBILE
(90)
Auxiliary
Broadcasti
ng (74)
S5.312 S5.313
S5.314
S5.315 S5.316 S5.293 S5.309 S5.311 NG128 NG159
S5.310
776-790 776-790 776-790 776-790 776-790
BROADCASTING BROADCASTING FIXED FIXED PRIVATE
Fixed MOBILE MOBILE LAND
Mobile BROADCASTING BROADCASTING MOBILE
(90)
RADIO
BROADCAST
(TV) (73)
WIRELESS
COMMUNICAT
IONS (27)
Auxiliary
Broadcasti
ng (74)
S5.312 S5.313
S5.314
S5.315 S5.316
S5.293 S5.309 S5.311 NG128 NG158
S5.310 NG159
790-794 790-794 790-794 790-794 790-794
FIXED BROADCASTING FIXED FIXED PRIVATE
BROADCASTING Fixed MOBILE MOBILE LAND
Mobile BROADCASTING BROADCASTING MOBILE
(90)
RADIO
BROADCAST
(TV) (73)
WIRELESS
COMMUNICAT
IONS (27)
Auxiliary
Broadcasti
ng (74)
[[Page 6675]]
S5.312 S5.313
S5.314
S5.315 S5.316 S5.293 S5.309 S5.311 NG128 NG159
S5.310
794-806 794-806 794-806 794-806 794-806
FIXED BROADCASTING FIXED FIXED PRIVATE
BROADCASTING Fixed MOBILE MOBILE LAND
Mobile BROADCASTING MOBILE
(90)
Auxiliary
Broadcasti
ng (74)
S5.312 S5.313
S5.314
S5.315 S5.316 S5.293 S5.309 NG128 NG158
S5.310 NG159
* * * * * * *
----------------------------------------------------------------------------------------------------------------
International Footnotes
* * * * *
I. New ``S'' Numbering Scheme
* * * * *
S5.293 Different category of service: in Chile, Colombia, Cuba,
the United States, Guyana, Honduras, Jamaica, Mexico and Panama, the
allocation of the bands 470-512 MHz and 614-806 MHz to the fixed and
mobile services is on a primary basis, (see No. S5.33), subject to
agreement obtained under Article 14/No. S9.21.
S5.296 Additional allocation: in Germany, Austria, Belgium,
Cyprus, Denmark, Spain, Finland, France, Ireland, Israel, Italy,
Libya, Malta, Morocco, Monaco, Norway, the Netherlands, Portugal,
the United Kingdom, Sweden, Switzerland, Swaziland, Syria, Tunisia
and Turkey, the band 470-790 MHz is also allocated on a secondary
basis to the land mobile service, intended for applications
ancillary to broadcasting. Stations of the land mobile service in
the countries mentioned in this footnote, shall not cause harmful
interference to existing or planned stations operating in accordance
with the Table of Frequency Allocations in countries other than
those listed in this footnote.
S5.300 Additional allocation: in Israel, Libya, Syria and
Sudan, the band 582-790 MHz is also allocated to the fixed and
mobile, except aeronautical mobile, services on a secondary basis.
S5.309 Different category of service: in Costa Rica, El
Salvador and Honduras, the allocation of the band 614-806 MHz to the
fixed service is on a primary basis (see No. S5.33), subject to
agreement obtained under Article 14/No. S9.21.
S5.310 Additional allocation: in Cuba, the band 614-890 MHz is
also allocated to the radionavigation service on a primary basis,
subject to agreement obtained under Article 14/No. S9.21.
S5.311 Within the frequency band 620-790 MHz, assignments may
be made to television stations using frequency modulation in the
broadcasting-satellite service subject to agreement between the
administrations concerned and those having services, operating in
accordance with the Table, which may be affected (see Resolutions 33
and 507). Such stations shall not produce a power flux-density in
excess of the value-129 dB(W/m2) for angles of arrival
less than 20 deg. (see Recommendation 705) within the territories of
other countries without the consent of the administrations of those
countries.
S5.312 Additional allocation: in Armenia, Azerbaijan, Belarus,
Bulgaria, Georgia, Hungary, Kazakhstan, Latvia, Lithuania, Moldova,
Mongolia, Uzbekistan, Poland, Kyrgyzstan, Slovakia, the Czech
Republic, Romania, Russia, Tajikistan, Turkmenistan and Ukraine, the
band 645-862 MHz is also allocated to the aeronautical
radionavigation service on a primary basis.
S5.313 Alternative allocation: in Spain and France, the band
790-830 MHz is allocated to the broadcasting service on a primary
basis.
S5.314 Additional allocation: in Austria, Italy, the United
Kingdom and Swaziland, the band 790-862 MHz is also allocated to the
land mobile service on a secondary basis.
S5.315 Alternative allocation: in Greece, Italy, Morocco and
Tunisia, the band 790-838 MHz is allocated to the broadcasting
service on a primary basis.
S5.316 Additional allocation: in Germany, Bosnia and
Herzegovina, Burkina Faso, Cameroon, Cote d'Ivoire, Croatia,
Denmark, Egypt, Finland, Israel, Kenya, The Former Yugoslav Republic
of Macedonia, Libya, Liechtenstein, Monaco, Norway, the Netherlands,
Portugal, Sweden, Switzerland and Yugoslavia, the band 790-830 MHz,
and in these same countries and in Spain, France, Gabon, Malta and
Syria, the band 830-862 MHz, are also allocated to the mobile,
except aeronautical mobile, service on a primary basis. However,
stations of the mobile service in the countries mentioned in
connection with each band referred to in this footnote shall not
cause harmful interference to, or claim protection from, stations of
services operating in accordance with the Table in countries other
than those mentioned in connection with the band.
* * * * *
Non-Government (NG) Footnotes
* * * * *
NG149 The frequency bands 54-72 MHz, 76-88 MHz, 174-216 MHz,
470-512 MHz, 512-608 MHz, and 614-746 MHz are also allocated to the
fixed service to permit subscription television operations in
accordance with Part 73 of the rules.
* * * * *
NG158 The frequency bands 764-776 MHz and 794-806 MHz are
available for assignment exclusively to the public safety services,
to be defined in Docket No. WT 96-86.
NG159 Full power analog television stations licensed pursuant
to applications filed before January 2, 2001, and new digital
television (DTV) broadcasting operations in the 746-806 MHz band
will be entitled to protection from harmful interference until the
end of the DTV transition period. After the end of the DTV
transition period, the Commission may assign licenses in the 746-806
MHz band without regard to existing television and DTV operations.
Low power television and television translators in the 746-806
MHz band must cease operations in the band at the end of the DTV
transition period.
* * * * *
[FR Doc. 98-2757 Filed 2-9-98; 8:45 am]
BILLING CODE 6712-01-P
