[Federal Register Volume 60, Number 72 (Friday, April 14, 1995)]
[Rules and Regulations]
[Pages 18999-19000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9219]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 90
[FCC No. 95-115]
Conditional Waiver To Use Television Channel 16 (482-488 MHz) in
New York City Metropolitan Area for Public Safety Services
AGENCY: Federal Communications Commission.
ACTION: Final rule; waiver.
-----------------------------------------------------------------------
SUMMARY: The Commission waives its rules regarding the allocation for
spectrum for television broadcast service to permit the temporary
assignment of frequencies in the 482-488 MHz band (television Channel
16) to public safety agencies in the New York City metropolitan area.
Public safety use of these frequencies will be permitted for a period
of at least five years or until the Commission assigns Channel 16 in
New York City for advanced television service (ATV) and the television
broadcast licensee is then ready to commence operation. This band is
currently allocated to the broadcasting service but is not allotted for
use in New York City. We find that circumstances exist that warrant a
waiver of our rules to permit use of this spectrum by public safety
radio services in the New York City metropolitan area. Granting this
conditional waiver will provide public safety agencies with immediate
spectrum relief that is urgently needed in the congested New York City
metropolitan area.
EFFECTIVE DATE: May 15, 1995.
FOR FURTHER INFORMATION CONTACT:
Ray LaForge, Office of Engineering and Technology, telephone (202) 739-
0598.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
adopted on March 14, 1995 and released on March 17, 1995. The complete
text of this Order is available for inspection and copying during
normal business hours in the FCC Public Reference Center (Room 239),
1919 M Street, NW., Washington, DC. The complete text of this Order
also may be purchased from the Commission's duplication contractor,
International Transcription Service, Inc., 2100 M Street, NW., Suite
140, Washington, DC 20036, (202) 857-3800.
Summary of Order
The Commission concluded that the public safety agencies in the New
York City metropolitan area have an urgent and immediate need for
additional spectrum capacity for public safety communications. Further,
we held that use of Channel 16 will provide immediate and necessary
relief to these public safety agencies and will also allow for
development of interoperability of communications between the public
safety agencies. Finally, we decided that this spectrum relief for the
New York City public safety agencies can be accomplished without
adversely affecting existing TV operations or our plans for
implementation of ATV. Therefore, we found that the conditional grant
of a waiver to the Agencies to use television Channel 16 is in the
public interest. We are conditioning the grant of the waiver to reflect
the concerns of broadcasters, as indicated in the Appendix.
Ordering Clauses
It is hereby ordered that, the Joint Request for Waiver filed by
the New York Public Safety Agencies is granted to the extent discussed
herein, for a period of at least five years or until any television
broadcast licensee in the New York City metropolitan area initiates use
of Channel 16 for ATV broadcast operations, whichever is longer,
Sections 2.106 and 90.311 of the Commission's Rules are waived so that
New York City metropolitan area public safety agencies may use 482-488
MHz, for land mobile public safety services under the conditions
specified in the Appendix. It is hereby further ordered that the
Request for Waiver filed by the New York City Transit Police Department
to use television Channel 19 Is Dismissed. These actions are taken
pursuant to sections 4(i), 303 (c), (f), (g), and (r), and 309(a) of
the Communications Act of 1934, as amended, 47 U.S.C. sections 154(i),
303 (c), (f), (g), and (r).
List of Subjects
47 CFR Part 2
Radio.
47 CFR Part 90
Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Appendix
In order to prevent interference between the proposed land mobile
operations on Channel 16 in New York City and the existing television
operations of WNEP-TV in Scranton, Pennsylvania on Channel 16 (FCC File
Number BLCT-2623) and WPHL-TV in Philadelphia, Pennsylvania on Channel
17 (FCC File Number BLCT-2611), the [[Page 19000]] proposed land mobile
operation will be restricted as follows:
Base station operation is permitted in the five boroughs of New
York City and Nassau, Westchester and Suffolk Counties in New York, and
Bergen County, New Jersey. Mobile operation is permitted in these
counties and boroughs as well as outside these areas provided the
distance from the Empire State Building (Geographic Coordinates:
40 deg.44'54'' N, 73 deg.59'10'' W) does not exceed 48 kilometers (30
miles).
Co-Channel Television Protection
For base stations to be located in the five boroughs that comprise
the City of New York and other jurisdictions east of the Hudson River
and Kill Van Kull, the maximum effective radiated power (ERP) will be
limited to 225 watts at an antenna height of 152.5 meters (500 feet)
above average terrain. Adjustment of the permitted power will be
allowed provided it is in accordance with the ``169 kilometer Distance
Separation'' entries specified in Table B or prescribed by Figure B of
Section 90.309(a)(5) of the Rules.
For base stations to be located west of the Hudson River, the
maximum ERP will be limited to the entries specified in Table B or
prescribed by Figure B of Section 90.309(a)(5) of the Rules for the
actual separation distance between the land mobile base station and the
transmitter site of WNEP-TV, Scranton (Geographic Coordinates:
41 deg.10'58'' N, 75 deg.52'21'' W).
Mobile stations associated with such base stations will be
restricted to 100 watts ERP in the area of operation extending eastward
from the Hudson River and 10 watts ERP in the area of operation
extending westward from the Hudson River. These restrictions offer 40
dB of protection to the Grade B coverage contour of WNEP-TV, Scranton.
Adjacent Channel Television Protection
The above parameters and conditions are considered to be sufficient
to protect first-adjacent channel television station WPHL-TV,
Philadelphia (Geographic Coordinates: 40 deg.02'30'' N, 75 deg.14'24''
W). Operation of mobile units within a radius of 48 kilometers (30
miles) from the Empire State Building would be no closer than 8
kilometers (5 miles) from the WPHL Grade B coverage contour. This will
offer a 0 dB protection ratio to WPHL-TV.
Low Power Television Protection
LPTV station W17BM has no responsibility to protect land mobile
operations on adjacent TV Channel 16 other than from spurious
emissions. Land mobile licensees must correct, at their expense,
interference caused by their operations to the reception of W17BM
within its protected signal contour as defined in Section 74.707 of the
Rules.
Periodic Reports
The Joint Committee of broadcasters and public safety agencies--as
contemplated in the agreement--will file annual reports with the
Commission regarding the status of implementation and progress toward
the development of new spectrum efficient systems.
[FR Doc. 95-9219 Filed 4-13-95; 8:45 am]
BILLING CODE 6712-01-M
