[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Rules and Regulations]
[Pages 27507-27511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13148]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 24
[GEN Docket No. 90-314; ET Docket No. 92-100; PP Docket No. 93-253; FCC
97-140]
Narrowband Personal Communications Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this Report and Order, the Commission clarifies that its
power and antenna height rules apply to regional as well as other
narrowband Personal Communications Services (narrowband PCS) licenses,
declines to provide special relief for those affected by the Canadian
Interim Sharing Arrangement, and establishes competitive bidding rules
for awarding the remaining authorizations for narrowband PCS. These
changes clarify current Commission rules and establish procedures for
awarding and licensing narrowband PCS in the future.
EFFECTIVE DATE: July 21, 1997.
FOR FURTHER INFORMATION CONTACT: Alice Elder or Mark Bollinger at (202)
418-0660 (Wireless Telecommunications Bureau/Auctions Division) or
David Furth or Rhonda Lien at (202) 418-0620 (Wireless
Telecommunications Bureau/Commercial Wireless Division).
SUPPLEMENTARY INFORMATION: This is a summary of the Report and Order,
GEN Docket No. 90-314, ET Docket No. 92-100 and PP Docket 93-253,
adopted April 17, 1997 and released April 23, 1997. The complete text
of the Report and Order 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 copy contractor, International Transcription Services
(202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, D.C. 20037.
Synopsis of the Report and Order
Background
1. In the First Report and Order, 58 FR 42681 (August 11, 1993),
the Commission provided for operation of new narrowband Personal
Communications Services (PCS) in the 900 MHz band. The Commission
broadly defined PCS as mobile and fixed communications offerings that
serve individuals and businesses, and can be integrated with a variety
of competing networks. The Commission declined to adopt a restrictive
definition of narrowband PCS in order to promote other potential
narrowband services. The Commission also adopted a spectrum allocation
and channelization plan, licensing rules, and technical standards for
narrowband PCS. The Commission determined that PCS is subject to
competitive bidding in the case of eligible parties with competing
applications.
2. In the Competitive Bidding Second Report and Order, 59 FR 22980
(May 4, 1994), the Commission adopted general competitive bidding rules
for auctionable services. In the Competitive Bidding Third Report and
Order, 59 FR 26741 (May 24, 1994) the Commission established
competitive bidding rules specifically for narrowband PCS. On
reconsideration of that Order, the Commission revised certain auction
processing rules, expanded special provisions for designated entities
in future narrowband auctions, and sought comment on additional
designated entity provisions for the upcoming narrowband PCS auction.
Of the three MHz of 900 MHz spectrum allocated for narrowband PCS, two
one-MHz blocks are currently divided into specific channels for
immediate licensing. The remaining one MHz of narrowband PCS spectrum
currently is reserved to accommodate future development of narrowband
PCS.
3. Thus far the Commission has conducted two auctions for
narrowband PCS licenses. As a result of these two auctions, ten
nationwide narrowband PCS licenses and six regional narrowband PCS
licenses in five different regions, totalling 30 regional licenses,
have been issued. Auctions have not yet been conducted for the
narrowband PCS spectrum currently designated for licensing in 51 Major
Trading Areas (MTAs) and 493 Basic Trading Areas (BTAs). In addition,
the 204 MTA licenses and 1,968 BTA licenses designated as unpaired
response channels also have not been auctioned.
Report and Order
A. Service Rules
1. Power and Antenna Height Limits
4. In the PCS Memorandum Opinion & Order, 59 FR 14115 (March 25,
1994), the Commission created regional service areas for narrowband
PCS. Section 24.132 of its rules, which govern power and antenna height
limits, currently applies to MTA and BTA service areas and does not
mention regional service areas. See 47 CFR 24.132.
5. The Commission clarifies that Sec. 24.132 of its rules applies
to the regional service areas as well as MTA service areas. The
Commission amends paragraphs (d) and (e) of Sec. 24.132 to reflect that
these rules apply to regional areas. See 47 CFR 24.132. Regional base
stations, in addition to MTA base stations, must operate at reduced
heights and power limits near service area borders in order to protect
adjacent licensees from interference. In addition, the Commission
clarifies that a narrowband PCS licensee holding a license for the same
channel in an adjacent region or MTA is not required to reduce height
and power to protect itself.
[[Page 27508]]
2. Canadian Interim Sharing Arrangement
6. On September 22, 1994, the United States and Canada entered into
an interim sharing arrangement with respect to use of narrowband PCS
channels in border areas. Under the Canadian Interim Sharing
Arrangement (Sharing Arrangement), MTA and BTA licensees on certain
narrowband PCS channels are not permitted to locate base stations
within 75 miles of the U.S./Canadian border. These licensees are
further prohibited from operating mobile stations in a manner that
causes interference to the primary Canadian channels. Because the
Sharing Arrangement was not yet finalized before the regional
narrowband PCS auction bidder package was released, on August 22, 1994,
the Sharing Arrangement was not included in the bidder package.
However, by Public Notice, the Commission announced the Sharing
Arrangement five days prior to the commencement of the regional
narrowband PCS auction on October 26, 1994. Additionally, a Public
Notice released December 21, 1994 invited comment on the effect of the
Sharing Agreement on narrowband PCS licensing.
7. The Commission concludes that special relief for parties
affected by the Sharing Arrangement is not necessary. Over the next
year the Commission will negotiate vigorously with Canada for full
coordination and accommodation of narrowband PCS license winners.
Moreover, parties were fully aware of the Sharing Arrangement at the
time of the regional auction, given that a Public Notice concerning the
Sharing Arrangement was released before the regional narrowband auction
commenced. The Commission believes that the operating restrictions
resulting from the Sharing Arrangement are matters that should have
been considered by potential bidders in their valuation of the licenses
for competitive bidding purposes.
B. Auction Rules
1. Establishment of Entrepreneurs' Block
8. In authorizing the Commission to use competitive bidding under
Sec. 309(j) of the Act, Congress mandated that the Commission ``ensure
that small businesses, rural telephone companies, and businesses owned
by members of minority groups and women are given the opportunity to
participate in spectrum based services.'' Congress also mandated that
the Commission utilize competitive bidding to promote economic
opportunity and competition and ensure that the new and innovative
technologies are readily accessible to the American people. When
deciding which provisions to adopt to encourage designated entity
participation in particular services, the Commission has closely
examined the specific characteristics of the service and has adopted a
mix of provisions designed to balance the objectives of Congress set
forth in Sec. 309(j). Thus, the Commission has adopted measures
designed to enhance the ability of designated entities to acquire
licenses and to increase competition in the provision of wireless
services generally. In narrowband PCS, for instance, the Commission has
provided installment payments for small businesses and bidding credits
for minority-owned and women-owned businesses. In broadband PCS, the
Commission designated certain spectrum blocks for entrepreneurs' block
licenses and provided bidding credits and installment plans for certain
designated entities. In the 900 MHz Specialized Mobile Radio (SMR)
service, the Commission provided bidding credits, installment payments,
and reduced down payments for small businesses. Most recently, the
Commission adopted bidding credits and installment payments for the
paging services.
9. In the Competitive Bidding Third Memorandum Opinion & Order/
Further NPRM, 59 FR 44058 (August 26, 1994), the Commission proposed
service-specific modifications to its competitive bidding rules for the
award of narrowband PCS licenses with MTA and BTA service areas. In an
effort to facilitate designated entity participation in providing
narrowband PCS, the Commission proposed to reserve both BTA frequency
blocks and up to four MTA frequency blocks for bidding exclusively by
entities with annual gross revenues of no more than $125 million in the
preceding two years and total assets of no more than $500 million
(entrepreneurs' blocks). The entrepreneurs' block proposal would have
added channels 21 and 25 to the channels allocated for MTA and BTA
licenses for which designated entity provisions applied. The Commission
later sought additional comment on proposals for establishing
narrowband PCS entrepreneurs' blocks in light of: (1) the results of
the regional narrowband PCS auction; and (2) the Commission's
reconsideration of its broadband PCS entrepreneurs' block rules in the
Competitive Bidding Fifth Memorandum Opinion and Order, 59 FR 63210
(December 7, 1994).
10. Upon review of the record, the Commission will not establish an
entrepreneurs' block for narrowband PCS similar to its provisions in
broadband PCS. The Commission agrees with those commenters who state
that the results of the narrowband regional auction demonstrate that
bidding credits and installment payments alone can facilitate
participation by designated entities in the competitive process as well
as securing licenses for the provision of narrowband PCS. Additionally,
the Commission has the experience of other auctions, such as 900 MHz
Specialized Mobile Radio, where it did not have an entrepreneurs' block
but, nonetheless, had many successful designated entity applicants.
11. Also, the Commission considers narrowband PCS to be less
capital intensive than broadband PCS, thereby making it more likely
that small businesses, for example, can acquire the financing to win
these licenses, particularly for MTAs. Thus, the Commission concludes
there is no need to insulate designated entities from other bidders and
that bidding credits coupled with installment payments should satisfy
its obligations under Sec. 309(j) of the Communications Act as they
have in so many other auctions. The Commission also points out that its
partitioning proposal could provide for designated entities to acquire
narrowband PCS licenses post-auction. Moreover, narrowband PCS
licensees are free to transfer and assign licenses immediately (unlike
broadband PCS), providing further flexibility to acquire licenses post-
auction.
2. Definition of Minority Groups
12. The Commission will continue to request bidder information on
the FCC Form 175 as to minority- and/or women-owned status, in addition
to small business status, in order to monitor whether it has
accomplished substantial participation by minorities and women through
the broad provisions available to small businesses. Currently, the
narrowband PCS rules define ``members of minority groups'' as
``individuals of African-American, Hispanic-surnamed, American Eskimo,
Aleut, American Indian and Asian American extraction.'' In response to
numerous inquiries, the Commission revised this definition in its
broadband PCS rules to conform with the definition used in other
contexts. Thus, Sec. 24.720(i) of the Commission's rules for broadband
PCS now defines members of minority groups to include ``Blacks,
Hispanics, American Indians, Alaskan Natives, Asians, and Pacific
Islanders.''
13. In the Competitive Bidding Fifth Memorandum Opinion and Order,
59 FR 63210 (December 7, 1994), the
[[Page 27509]]
Commission noted that it would make the same definitional correction
made in the broadband PCS context to the definition of minority groups
used in the narrowband PCS auction rules. The Commission also recently
amended its general competitive bidding definition of minority,
Sec. 1.2110(b)(2), to adopt this definition of minority. Thus, in an
effort to maintain consistency throughout its auction rules for various
services, the Commission revises the definition of ``members of
minority groups'' in its narrowband PCS auction rules to include
``Blacks, Hispanics, American Indians, Alaskan Native, Asians, and
Pacific Islanders.'' See 47 CFR Sec. 24.720(i).
C. Conclusion
The Commission believes that the rules set forth for narrowband PCS
in this Report and Order will promote the public policy goals set forth
by Congress.
D. Procedural Matters
A. Ex Parte Rules--Non-Restricted Proceeding
15. This is a non-restricted rule making proceeding. Ex parte
presentations are permitted except during the Sunshine Agenda period,
provided they are disclosed as provided in the Commission's rules. See
generally 47 CFR 1.1202, 1.1203, and 1.1206(a).
B. Regulatory Flexibility Act Analysis
16. As required by the Regulatory Flexibility Act, see 5 U.S.C.
Sec. 604, the Commission has prepared a Final Regulatory Flexibility
Analysis (FRFA) of the expected impact on small entities of the
policies and rules proposed and adopted in the Report and Order section
of this Report and Order and Further NPRM (Report and Order). An
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the
Third Memorandum Opinion and Order and Further NPRM, 59 FR 44058
(August 28, 1994) in this proceeding. Additionally, Final Regulatory
Flexibility Analyses were incorporated in the First Report and Order,
58 FR 42681 (August 11, 1993), the Third Report and Order, 59 FR 26741
(May 24, 1994), the Third Memorandum Opinion and Order and Further
NPRM, 59 FR 44058 (August 26, 1994) and the Second Memorandum Opinion
and Order, 59 FR 46195 (September 7, 1994) in this proceeding. Written
comments to the proposals, including the Initial Regulatory Flexibility
Analysis, were requested. As noted in these previous final analyses,
this proceeding will establish a system of competitive bidding for
choosing among certain applications for initial licenses, and will
carry out statutory mandates that certain designated entities,
including small entities, be afforded an opportunity to participate in
the competitive bidding process and in the provision of spectrum-based
services.
A. Need for and Objective of Rules
17. This Report and Order was initiated to adopt rules and secure
comment on proposals for revising rules for narrowband Personal
Communications Services (PCS). Such changes to the rules for the
narrowband PCS service would promote efficient licensing and enhance
the service's competitive potential in the Commercial Mobile Radio
Service marketplace. The adopted rules are based on the competitive
bidding authority of Sec. 309(j) of the Communications Act of 1934, as
amended, 47 U.S.C. Sec. 309(j), which authorizes the Commission to use
auctions to select among mutually exclusive initial applications in
certain services, including narrowband PCS. The Omnibus Budget
Reconciliation Act of 1993 (Budget Act), Public Law 103-66, Title VI,
Sec. 6002, and the subsequent Commission actions to implement it are
intended to establish a system of competitive bidding for choosing
among certain applications for initial licenses, and carry out
statutory mandates that certain designated entities, including small
businesses, are afforded an opportunity to participate in the
competitive bidding process and in the provision of narrowband PCS
services.
B. Issues Raised by the Public in Response to the Initial Analysis
18. No party suggested modifications specifically to the Initial
Regulatory Flexibility Analysis. The following issues will apply to
small businesses.
1. Power and Antenna Height Limits
19. The Commission clarifies that Sec. 24.132 of its rules applies
to the regional service areas as well as Major Trading Area (MTA)
service areas. The Commission amends paragraphs (d) and (e) of
Sec. 24.132 of its rules, 47 CFR 24.132, to reflect that these rules
apply to regional areas. Regional base stations, in addition to MTA
base stations, must operate at reduced heights and power limits near
service area borders in order to protect adjacent licensees from
interference. In addition, the Commission clarifies that a narrowband
PCS licensee holding a license for the same channel in an adjacent
region or MTA is not required to reduce height and power to protect
itself.
20. Auction Rules. Based upon the comments and record before it,
the Commission determines that it will not establish an entrepreneurs'
block for narrowband PCS similar to its provisions in broadband PCS.
The Commission agrees with those commenters who argue that the results
of the previously-held narrowband regional auction demonstrate that
bidding credits and installment payments can facilitate participation
by designated entities in the competitive process, as well as securing
licenses for the provision of narrowband PCS. Additionally, the
Commission has the experience of other auctions, such as 900 MHz
Specialized Mobile Radio, which did not have an entrepreneurs' block
but, nonetheless, had many successful designated entity applicants.
Also, the Commission considers narrowband PCS to be less capital
intensive than broadband PCS, thereby making it more likely that small
businesses, for example, can acquire the financing to win these
licenses, particularly for MTAs. Thus, the Commission concludes there
is no need to insulate designated entities from other bidders and that
bidding credits coupled with installment payments should satisfy its
obligations under Sec. 309(j) of the Communications Act as they have in
so many other auctions.
21. Definition of Minority Groups. In the Competitive Bidding Fifth
Memorandum Opinion and Order, the Commission noted that it would make
the same definitional correction made in the broadband PCS context to
the definition of minority groups used in the narrowband PCS auction
rules. Thus, in an effort to maintain consistency throughout its
auction rules for various services, the Commission revises its
definition of ``members of minority groups'' in its narrowband PCS
auction rules to include ``Blacks, Hispanics, American Indians, Alaskan
Native, Asians, and Pacific Islanders.''
C. Description and Number of Small Entities Involved
22. The rules adopted in this Report and Order apply to current
narrowband PCS operators and new entrants into the narrowband PCS
market. Under these rules, mutually exclusive applications for
narrowband PCS licenses will be resolved through competitive bidding
procedures.
23. The Commission does not know how many narrowband PCS licenses
will be granted or auctioned, as it has not yet determined the size or
number of such licenses. Two auctions of narrowband PCS licenses have
been conducted for a total of 41 licenses, out
[[Page 27510]]
of which 11 were obtained by small businesses owned by members of
minority groups and/or women. Small businesses were defined as those
with averaged gross revenues for the prior three fiscal years of $40
million or less. For purposes of this Final Regulatory Flexibility
Analysis, the Commission is utilizing the Small Business Administration
(SBA) definition applicable to radiotelephone companies, i.e., an
entity employing less than 1,500 persons. Not all of the narrowband PCS
licenses have yet been awarded. There is therefore no basis to
determine the number of licenses that will be awarded to small entities
in future auctions. Given the fact that nearly all radiotelephone
companies have fewer than 1,000 employees, and that no reliable
estimate of the number of prospective narrowband PCS licensees can be
made, the Commission assumes, for purposes of the evaluations and
conclusions in this Final Regulatory Flexibility Analysis, that all the
remaining narrowband PCS licenses will be awarded to small entities.
D. Summary of Projected Reporting, Recordkeeping and Other Compliance
Requirements
24. Narrowband PCS licensees may be required to report information
concerning the location of their transmission sites under some
circumstances, although generally they will not be required to file
applications on a site-by-site basis. Additionally, narrowband PCS
license applicants will be subject to reporting and recordkeeping
requirements to comply with the competitive bidding rules.
Specifically, applicants will apply for narrowband PCS licenses by
filing a short-form application (FCC Form 175), and will file a long-
form application (FCC Form 600) at the conclusion of the auction.
Additionally, entities seeking treatment as small businesses will need
to submit information pertaining to the gross revenues of the small
business applicant and its affiliates and certain investors in the
applicant. Such entities will also need to maintain supporting
documentation at their principal place of business.
E. Steps Taken To Minimize Burdens on Small Entities
25. Section 309(j)(3)(B) of the Communications Act, 47 CFR
309(j)(3)(B), provides that in establishing eligibility criteria and
bidding methodologies the Commission shall, inter alia, promote
economic opportunity and competition and ensure that new and innovative
technologies are readily accessible by avoiding excessive concentration
of licenses and by disseminating licenses among a wide variety of
applicants, including small businesses, rural telephone companies, and
businesses owned by members of minority groups and women. Section
309(j)(4)(A) provides that in order to promote such objectives, the
Commission shall consider alternative payment schedules and methods of
calculation, including lump sums or guaranteed installment payments,
with or without royalty payments, or other schedules or methods.
Therefore, the Commission finds that it is appropriate to establish
special provisions in the narrowband PCS rules for competitive bidding
by small businesses. The Commission believes that small businesses
applying for narrowband PCS licenses should be entitled to some type of
bidding credits and should be permitted to pay their bids in
installments. In awarding narrowband PCS licenses, the Commission is
committed to meeting the statutory objectives of promoting economic
opportunity and competition, of avoiding excessive concentration of
licenses, and of ensuring access to new and innovative technologies by
disseminating licenses among a wide variety of applicants, including
small businesses, rural telephone companies, and businesses owned by
members of minority groups and women.
26. In determining small business status, the Commission will
consider the gross revenues of the small business applicant, its
affiliates, and certain investors in the applicant. The Commission will
attribute the gross revenues of all controlling principals in the small
business applicant as well as the gross revenues of affiliates of the
applicant. The Commission will require that in order for an applicant
to qualify as a small business, qualifying small business principals
must maintain control of the applicant.
F. Significant Alternatives Considered and Rejected
27. The Commission considered and rejected a proposal to give
additional relief to narrowband PCS licensees affected by an interim
sharing arrangement with respect to use of narrowband PCS channels in
border areas between the United States and Canada. The Commission
determined that such special relief is not necessary, as potential
bidders to this spectrum had adequate notice of such interim
arrangement and the interim arrangement also provides licensees with
adequate spectrum protection.
28. The Commission also considered and rejected a proposal to
establish an entrepreneur's block for narrowband PCS similar to the
Commission's provisions for such a block of spectrum in broadband PCS.
The Commission agrees with those commenters who argue that the results
of the previously-conducted narrowband regional auction demonstrate
that bidding credits and installment payments can facilitate
participation by designated entities in the competitive process as well
as securing licenses for the provision of narrowband PCS. Additionally,
the Commission has the experience of other auctions, such as 900 MHz
Specialized Mobile Radio, where no entrepreneurs' block existed but,
nonetheless, many successful designated entity applicants existed. The
Commission also considers narrowband PCS to be less capital intensive
than broadband PCS, thereby making it more likely that small
businesses, for example, can acquire the financing to win these
licenses, particularly for MTAs. Thus, the Commission concludes there
is no need to insulate designated entities from other bidders and that
bidding credits coupled with installment payments should satisfy its
obligations under Sec. 309(j) of the Communications Act as they have in
so many other auctions. Moreover, narrowband PCS licensees are free to
transfer and assign licenses immediately (unlike broadband PCS),
providing further flexibility to acquire licenses post-auction.
29. The Commission also considered and rejected a proposal to
maintain its definition of minority groups eligible for special
provisions in the narrowband PCS auction. The Commission instead
decided to modify its definition in order to bring it into conformity
with the Commission's definition for broadband PCS, namely, ``Blacks,
Hispanics, American Indians, Alaskan Natives, Asians, and Pacific
Islanders.''
G. Report to Congress
30. The Commission shall send a copy of this Final Regulatory
Flexibility Analysis, along with this Report and Order/Further NPRM, in
a report to Congress pursuant to the Small Business Regulatory
Enforcement Fairness Act of 1996, 5 U.S.C. 801(a)(1)(A). A copy of this
Final Regulatory Flexibility Analysis will also be published in the
Federal Register.
C. Ordering Clauses
31. Accordingly, it is ordered that Part 24 of the Commission's
Rules is amended as specified below, effective July 21, 1997.
32. It is further ordered that the Petition for Reconsideration of
the
[[Page 27511]]
Second Memorandum Opinion and Order in GN Docket 90-314 and ET Docket
92-100 filed by the Puerto Rico Telephone Company is dismissed.
33. Authority for issuance of this Report and Order is contained in
Secs. 4(i), 303(r) and 309(j) of the Communications Act of 1934, as
amended, 47 U.S.C. Secs. 154(i), 303(r) and 309(j).
List of Subjects in 47 CFR Part 24
Communications common carriers, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission
William F. Caton,
Acting Secretary.
Rule Changes
Part 24 of Chapter I of Title 47 of the Code of Federal Regulations
is amended as follows:
PART 24--PERSONAL COMMUNICATIONS SERVICES
1. The authority citation for part 24 continues to read as follows:
Authority: Secs. 4, 301, 302, 303, 309, and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 301, 302, 303, 309 and 332, unless
otherwise noted.
2. Section 24.132 is amended by revising paragraphs (d) and (e) to
read as follows:
Sec. 24.132 Power and antenna height limits.
* * * * *
(d)(1) MTA and regional base stations located between 200
kilometers (124 miles) and 80 kilometers (50 miles) from their licensed
service area border are limited to the power levels in the following
table:
------------------------------------------------------------------------
Antenna HAAT in meters (feet) (see Sec.
24.53 for HAAT HAAT calculation Effective radiated power
method) (e.r.p.) (watts)
------------------------------------------------------------------------
183 (600) and below.................... 3500
183 (600) to 208 (682)................. 3500 to 2584
208 (682) to 236 (775)................. 2584 to 1883
236 (775) to 268 (880)................. 1883 to 1372
268 (880) to 305 (1000)................ 1372 to 1000
305 (1000) to 346 (1137)............... 1000 to 729
346 (1137) to 394 (1292)............... 729 to 531
394 (1292) to 447 (1468)............... 531 to 387
447 (1468) to 508 (1668)............... 387 to 282
508 (1668) to 578 (1895)............... 282 to 206
578 (1895) to 656 (2154)............... 206 to 150
656 (2154) to 746 (2447)............... 150 to 109
746 (2447) to 848 (2781)............... 109 to 80
848 (2781) to 963 (3160)............... 80 to 58
963 (3160) to 1094 (3590).............. 58 to 42
1094 (3590) to 1244 (4080)............. 42 to 31
1244 (4080) to 1413 (4636)............. 31 to 22
Above 1413 (4636)...................... 16
------------------------------------------------------------------------
(2) For heights between the values listed in the table, linear
interpolation shall be used to determine maximum e.r.p.
(e) MTA, BTA and regional base stations located less than 80
kilometers (50 miles) from the licensed service area border must limit
their effective radiated power in accordance with the following
formula:
PW = 0.0175 x dkm**6.6666 x hm**-3.1997
PW is effective radiated power in watts
dkm is distance in kilometers
hm is antenna HAAT in meters; see Sec. 24.53 for HAAT calculation
method
3. Section 24.320(e) is revised to read as follows:
Sec. 24.320 Definitions.
* * * * *
(e) Members of Minority Groups. Members of minority groups include
Blacks, Hispanics, American Indians, Alaskan Natives, Asians and
Pacific Islanders.
* * * * *
[FR Doc. 97-13148 Filed 5-20-97; 8:45 am]
BILLING CODE 6712-01-P
