[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Proposed Rules]
[Pages 10341-10343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4556]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 95-17; FCC 95-35]
Protection of Radio Astronomy Operation on TV Channel 37
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Commission proposes to amend its broadcast station rules
to protect radio astronomy activity on TV Channel 37. This action is
necessary to ensure the most efficacious use of extremely sensitive,
state-of-the-art radio astronomy equipment. The intended effect is to
maximally enhance radio astronomy observations without imposing a
significant burden on television broadcasters.
DATES: Comments must be filed by March 31, 1995. Reply comments must be
filed by April 21, 1995.
ADDRESSES: Federal Communication Commission, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
James E. McNally, Jr. or Gordon W. Godfrey, Mass Media Bureau,
Engineering Policy Branch, (202) 418-2190
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Notice of Proposed Rule Making in MM Docket No. 95-17 adopted January
27, 1995, and released on February 21, 1995. The complete text of this
Notice of Proposed Rule Making is available for inspection and copying
during normal business hours in the FCC Reference Center, Room 239),
1919 M Street NW., Washington, DC, and may be purchased from the
Commission's copy contractor, International Transcription Service,
Inc., (202) 857-3800, 2100 M Street NW., Suite 140, Washington, D.C.
20037.
Synopsis of Notice of Proposed Rulemaking
Introduction
1. The Commission proposes a number of actions designed to protect
radio astronomy operations on Channel 37 of the UHF television
broadcasting band. Specifically, it proposes to amend Parts 73 and 74
of our rules to include the geographical coordinates of thirteen radio
astronomy sites where TV Channel 37 frequencies (608-614 megahertz) are
used for radio astronomy observations. The sites are at the following
locations:
[[Page 10342]]
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Location N. latitude W. longitude
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Kitt Peak, AZ....................... 31 deg.57'23'' 111 deg.36'45''
Owens Valley, CA.................... 37 deg.13'54'' 118 deg.16'34''
Mauna Kea, HI....................... 19 deg.48'16'' 155 deg.27'29''
North Liberty, IA................... 41 deg.46'17'' 91 deg.34'27''
Hancock, NH......................... 42 deg.56'01'' 71 deg.59'12''
Los Alamos, NM...................... 35 deg.46'31'' 106 deg.14'44''
Pie Town, NM........................ 34 deg.18'04'' 108 deg.07'09''
Socorro, NM......................... 34 deg.03'43'' 107 deg.37'04''
Arecibo, PR......................... 18 deg.20'46'' 66 deg.45'11''
Fort Davis, TX...................... 30 deg.38'06'' 103 deg.56'41''
Saint Croix, VI..................... 17 deg.45'31'' 64 deg.35'03''
Brewster, WA........................ 48 deg.07'52'' 119 deg.41'00''
Green Bank, WV...................... 38 deg.25'59'' 79 deg.25'59''
------------------------------------------------------------------------
The Commission also proposes a means by which such sites may be
protected from interference by television stations operating on
Channels 36 and 38. Further proposed is that the one currently
authorized TV station which does not provide the proposed protection
would be allowed to continue operating with its authorized facilities,
but would not be allowed to increase its field strength in the
direction of the affected radio astronomy site. Finally, the Commission
proposes to delete one vacant TV allotment that is located near one of
the radio astronomy sites.
Background
2. The Commission has reserved TV Channel 37 exclusively for radio
astronomy service. Footnote US74 in Section 2.106 of the Commission's
Rules states in part that ``the radio astronomy service shall be
protected from extraband radiation only to the extent that such
radiation exceeds the levels which would be present if the offending
station were operating in compliance with the technical standards or
criteria applicable to the service in which it operates.'' Thus, a
radio astronomy site is afforded any limited and uncertain protection
by the rules. The Commission's rules do not identify the locations of
radio astronomy operations using Channel 37, which prevents TV station
applicants from considering these operations as they design their
proposed TV facilities. As a result, the Commission could properly but
inadvertently authorize TV facilities at locations closer to radio
astronomy observation sites than may be desirable.
3. To prevent such actions in the future, the National Academy of
Sciences' Committee on Radio Frequencies (CORF) petitioned the
Commission to amend the rules to include the locations of thirteen
radio astronomy sites that currently or will make use of Channel 37, to
adopt an 87.7 kilometer (54.5 mile) separation requirement applicable
to adjacent channel television stations and to delete Channel 38 at
Hilo, Hawaii, from the TV Table of Allotments.
Discussion
4. The Commission believes that CORF's proposal merits
consideration and wishes to examine whether some additional protection
can be afforded to radio astronomy sites without significant adverse
impact on broadcast services. The Commission recognizes that the
sensitivity of radio astronomy equipment today is undoubtedly much
greater than it was in 1963. Also, the identified radio astronomy
locations are mostly in rural areas. Comment is sought on whether TV
spectrum is scarce is any of these areas, either for the existing TV
service or considering the new advanced TV service that the Commission
is proposing in MM Docket No. 87-268.
5. The Commission also requests comments on an alternative approach
which is functionally equivalent to the one advocated by CORF but which
is more flexible than a fixed distance separation requirement and thus
less burdensome to broadcasters. The Commission proposes to set a limit
on the field strength that a TV station on Channel 36 or 38 could
produce at the coordinates of radio astronomy sites designated by CORF.
Basing the proposed protection on field strength will permit stations
to be located closer to the radio astronomy sites than the fixed
distance separation would allow, if the signal radiated toward the
radio astronomy site is suppressed by an appropriate amount.
6. A maximum facility UHF-TV station would deliver a field strength
of approximately 72 dBu at 87.7 kilometers. However, the Commission
believes that CORF may not have intended to imply that a 72 dBU field
strength restriction would provide adequate protection. A lower field
strength value is more consistent with the power and antenna height at
which UHF-TV stations typically operate. Rather than using maximum
allowable facilities, a more typical UHF station has an effective
radiated power (ERP) between 1 and 5 MW and an antenna height above
average terrain (HAAT) in the vicinity of 350 meters (1150 feet). These
facilities produce a field strength of 57 to 64 dBu at 87.7 kilometers
(km). Thus, the Commission proposes to use 64 dBu as the limit on the
field strength that a Channel 36 or 38 TV station is permitted to
produce at a radio astronomy site.
7. The Commission proposes to apply the same field strength limit
to low power TV stations, TV translators and TV boosters. Since such
stations operate with significantly smaller facilities than full
service UHF-TV stations, the proposed approach would permit them much
greater flexibility in terms of location, while providing the radio
astronomy sites a level of protection equal to that provided by the
more powerful full service stations. Compliance with the field strength
restriction would be determined using the standard prediction methods
and the Commission's F(50, 50) propagation curves. Comments should
address whether 72 dBu, 64 dBu or some other field strength value
provides adequate protection for the Channel 37 radio astronomy
operations and whether these values impose a significant burden on TV
use of these two channels. Parties that favor a fixed separation
distance as proposed by CORF should identify the distance they believe
is correct and support their choice.
8. A review of Commission records indicates that only one full
service TV station currently operates with facilities that produce a
predicted field strength in excess of 64 dBu at any of the identified
radio astronomy sites. WJWN-TV, Channel 38, San Sebastian, PR, is
licensed at an ERP of 85.1 kW and HAAT of 332 meters (m). At 90 degrees
True, which is toward the Arecibo radio astronomy site, the WJWN-TV
facilities are 85.1 kW at 232 m. With the distance between sites of
45.1 km, the predicted field strength at the radio astronomy facility
is 67 dBu. While no other station currently authorized on Channels 36
or 38 would exceed the proposed field strength of 64 dBu, there are
three other full service stations that would be precluded from
increasing to the maximum normally permitted facilities by adoption of
the proposed protection standard. They are KQCT (TV) on Channel 36 in
Davenport, Iowa, WSBK-TV on Channel 38 in Boston, Massachusetts and
WDWL (TV) on Channel 36 in Bayamon, Puerto Rico.
9. In light of the preceding discussion, the Commission believes
that a general grandfathering provision, covering any existing or
proposed facilities, is unnecessary. The WJWN-TV situation discussed
above would be considered as a waiver of the proposed rule. WJWN-TV
would not be permitted to modify its facilities in such a way as to
increase its predicted field strength at the Arecibo radio astronomy
site. All other existing [[Page 10343]] and future stations would be
required to comply with the proposed 64 dBu limit when planning future
facilities.
10. Comment also is requested on whether applicants for new
facilities (or those proposing to modify existing facilities) on
Channel 36 or Channel 38 that would be within 87.7 kilometers (55
miles) of a listed radio astronomy site should be required to notify
CORF (or some other appropriate radio astronomy representative)
concerning their proposed facilities. The proposed rules, coupled with
the Commission's application processing procedures, are probably
sufficient to ensure protection to radio astronomy facilities. However,
comment is sought on whether notification procedures similar to those
contained in Section 73.1030 would serve any useful purpose. Moreover,
if such notification is considered expedient, comment is sought on the
most appropriate entity to notify. While the proposed rules do not
contain a notification requirement, the Commission may adopt such a
requirement if the comments indicate that a significant benefit may be
afforded by such notification.
11. Finally, with respect to the allotment aspects of CORF's
petition, the Commission proposes to delete the Channel 38 allotment
currently specified for Hilo, Hawaii. This proposal appears to have
only a very minimal impact on the TV broadcast service because both
channels 20 and 26 would remain available as vacant non-reserved
channel allotments in Hilo. Further, the Commission proposes to require
that petitions for rulemaking proposing Channel 36 or 38 allotments
which would be located within 87.7 kilometers (55 miles) of a radio
astronomy site, must demonstrate compliance with the radio astronomy
facility protection criteria adopted as a result of this proceeding.
Administrative Matters
Ex Parte Rules--Non-Restricted Proceeding
12. This is a non-restricted notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed as provided in
Commission rules. See generally 47 C.F.R. Secs. 1.1202, 1.1203 and
1.1206(a).
Comment Information
13. Pursuant to applicable procedures set forth in Secs. 1.415 and
1.419 of the Commission's Rules, 47 C.F.R. Secs. 1.415 and 1.419,
interested parties may file comments on or before March 31, 1995 and
reply comments on or before April 21, 1995. To file formally in this
proceeding, you must file an original plus four copies of all comments,
reply comments, and supporting comments. If you want each Commissioner
to receive a personal copy of your comments, you must file an original
plus nine copies. You should send comments and reply comments to Office
of the Secretary, Federal Communications Commission, Washington, D.C.
20554. Comments and reply comments will be available for public
inspection during regular business hours in the FCC Reference Center
(Room 239), 1919 M Street, N.W., Washington, D.C. 20554.
Regulatory Flexibility Act
14. As required by Sec. 603 of the Regulatory Flexibility Act, the
Commission has prepared the following Initial Regulatory Flexibility
Analysis (IRFA) of the expected impact on small entities of the
proposals suggested in this document. Written public comments are
requested on the IRFA. These comments must be filed in accordance with
the same filing deadlines as comments on the rest of the Notice, but
they must have a separate and distinct heading designating them as
responses to the Initial Regulatory Flexibility Analysis. The Secretary
shall send a copy of this Notice of Proposed Rule Making, including the
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration in accordance with paragraph 603(a) of the Regulatory
Flexibility Act (Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601 et seq.
(1981)).
Reason for Action
Footnote US74 to the Table of Frequency Allocations contained in
Section 2.106 of the Commission's rules specifies that radio astronomy
facilities using the spectrum 608 to 614 MHz (TV Channel 37) are to
``be protected from extraband radiation only to the extent that such
radiation exceeds the level which would be present if the offending
station were operating in compliance with the technical standards or
criteria applicable to the service in which it operates.'' This
language is not sufficiently clear to precisely establish the
protection that radio astronomy facilities should be afforded. Also,
because the locations of radio astronomy facilities were not known to
broadcast applicants, the Commission has authorized construction of
full service and low power television stations in close proximity to
radio astronomy facilities, thereby potentially causing interference.
Objectives
This action is intended to eliminate the possibility of future
authorization of facilities in excessive proximity to radio astronomy
operations. The Commission proposes to amend its rules to specify the
latitude and longitude of thirteen radio astronomy sites and to impose
a simple field strength restriction that would apply to stations
authorized on adjacent channels (i.e., Channels 36 and 38). This would
effectively preclude interference to radio astronomy facilities.
Legal Basis
Authority for the actions proposed in this Notice may be found in
Sections 4 and 303 of the Communications Act of 1934, as amended, 47
U.S.C. Secs. 154 and 303.
Reporting, Recordkeeping, and Other Compliance Requirements
None.
Federal Rules which Overlap, Duplicate, or Conflict With the Proposed
Rule
None.
Description, Potential Impact and Number of Small Entities Involved
Because radio astronomy installations are located in rural areas,
the number of station applications which may be affected by the field
strength requirement should be very small, perhaps averaging less than
one per year. In such cases, the applicant would need to design the
facilities to limit the field strength produced at the radio astronomy
site or possibly select another site. But because the protection
requirement would be known in advance, there would be no relocation
cost. There would be no impact on current broadcast licensees.
Any Significant Alternatives Minimizing the Impact on Small Entities
and Consistent With the Stated Objectives
There are none apparent.
List of Subjects in 47 CFR Part 73
Television broadcasting.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-4556 Filed 2-23-95; 8:45 am]
BILLING CODE 6712-01-M
