[Federal Register Volume 63, Number 148 (Monday, August 3, 1998)]
[Rules and Regulations]
[Pages 41201-41205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20528]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 22, 24, 26, 27, 90 and 97
[ET Docket No. 96-2, FCC 98-140]
Arecibo Coordination Zone
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This Memorandum Opinion and Order (``MO&O'') clarifies the
rules regarding the Arecibo Radio Astronomy Observatory (Observatory)
Coordination Zone that covers the islands of Puerto Rico, Desecheo,
Mona, Vieques, and Culebra within the Commonwealth of Puerto Rico (the
Puerto Rican Islands). This action will promote efficient coordination
between the Observatory and service applicants in the Coordination
Zone.
EFFECTIVE DATE: September 2, 1998.
FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering
and Technology, (202) 418-2452.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order, ET Docket 96-2, FCC 98-140, adopted June
29, 1998, and released July 2, 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, NW,
Washington, DC, and also may be purchased from the Commission's
duplication contractor, International Transcription Service, (202) 857-
3800, 1231 20th Street, NW Washington, DC 20036.
Summary of the Memorandum Opinion and Order
1. In the Report and Order (R&O), 62 FR 55525, October 27, 1997, in
this proceeding, we established a Coordination Zone that covers the
Puerto Rican Islands. The policies that we established regarding the
Coordination Zone require that: (1) applicants for new radio facilities
in various communications services must provide notification of their
proposed operations to the Observatory no later than the time their
license applications are submitted to us; (2) applicants for modified
radio facilities in these services must provide notification of their
proposed operations to the Observatory no later than the time their
license applications are submitted to us, but only if the modified
facilities pose an interference threat to the operations of the
Observatory; and (3) applicants for new radio facilities in commercial
wireless services in which individual station licenses are not issued
must provide notification of their proposed operations to the
Observatory at least 45 days in advance of their proposed operations if
their facilities pose an interference threat to the operations of the
Observatory.
2. In the R&O, we provided the Observatory 20 days to file comments
with us regarding each service applicant's potential for interference,
and applicants are responsible for making reasonable efforts to
accommodate the interference concerns of the Observatory. We did not
establish interference standards, but required the operator of the
Observatory--Cornell University (Cornell)--to provide interference
guidelines to service applicants so that applicants may consider
protection to the Observatory in the early design phase of radio
facilities.
3. Puerto Rico Telephone Company (PRTC) filed a petition for
reconsideration of the R&O, in which it urges us to reconsider three
aspects of this decision. First, PRTC contends, we have inappropriately
left control of interference standards to Cornell. PRTC argues that we
should establish specific standards or, alternatively, require Cornell
to develop standards and submit them to us for review. Second, PRTC
urges us to place restrictions on what ``reasonable efforts'' will be
required to satisfy Cornell in a given instance. PRTC contends that the
record in the proceeding is not clear as to whether even as significant
a change to a broadcast station's operating parameters as mandatory
time-sharing of frequencies with the Observatory would be deemed
``reasonable'' by the Commission. Finally, PRTC urges us to reconsider
our decision to apply coordination filing requirements to commercial
wireless services for which we award licenses for geographic service
areas but not for individual operating facilities. PRTC argues that it
is inconsistent to create a duty to file notifications with Cornell
when such licensees are not required to file any information with us,
and that the Notice of Proposed Rule Making (NPRM), 61 FR 10709, March
15, 1996, in this proceeding gave no notice that we were considering
creating such a duty.
4. As discussed in the R&O, interference guidelines may
significantly lessen coordination problems, and Cornell has pledged to
develop such guidelines. We are convinced that a guideline approach is
preferable to a standards approach. We find it efficient for Cornell to
develop guidelines because it has gained expertise over many years
through informal coordination with service applicants in the
Coordination Zone. We reiterate our statement in the R&O that
telecommunications service providers in Puerto Rico provide highly
important services that must be maintained. Further, we believe it is
in Cornell's self-interest to develop realistic guidelines so as to
avoid unnecessary disputes with service applicants. Accordingly, we are
affirming our decision and requiring Cornell to establish interference
guidelines for each service in the Coordination Zone.
5. In the R&O, we stated that ``reasonable efforts [to minimize
interference from various telecommunications services to the
Observatory] will vary from case-to-case, dependent on the degree of
harm to the Observatory's operations and the extent of the change
needed to prevent such harm'' and ``to attempt to set forth a general
definition of the term `reasonable efforts' is extremely difficult, if
not impossible.'' Accordingly, we are denying PRTC's request to place
general restrictions on the types of reasonable efforts that will be
required of service applicants in the Coordination Zone.
6. However, while what is reasonable in each individual situation
will vary, we can alleviate PRTC's specific concern regarding time-
sharing of frequencies. As we stated in the R&O: ``We also observe that
adoption of a Coordination Zone would neither allocate additional
spectrum for RAS [Radio Astronomy Service] use, nor provide the
Observatory additional rights to spectrum allocated to other
services.'' Requiring service providers in the Coordination Zone to
time-share spectrum with the Observatory would provide it ``additional
rights to spectrum allocated to other services.''
[[Page 41202]]
Accordingly, we are clarifying that involuntary time-sharing of
frequencies between the Observatory and licensed services will not be
mandated. This clarification does not prohibit voluntary time-sharing
arrangements between the Observatory and a service provider.
7. The issue of including in the Coordination Zone commercial
wireless services in which licensees do not receive individual station
licenses was covered by our proposals in the NPRM and was specifically
addressed by parties commenting on the NPRM. Accordingly, adequate
notice of this issue was given.
8. With respect to the substantive concerns raised by PRTC
regarding this issue, we stress that licensees of commercial wireless
services in which licensees do not receive individual station licenses
are required to notify the Observatory only when a new transmitter may
cause harmful interference to the operations of the Observatory. We
will continue to rely upon each operator to determine when a
transmitter may pose an interference threat to the operations of the
Observatory. We note that operators in these services must comply with
the notification requirements when new transmitters are introduced. We
cannot exclude the possibility that in some circumstances the
introduction of a new or modified transmitter in a geographically-
licensed service could result in harmful interference to the
Observatory. Accordingly, we find that in those circumstances
notification to the Observatory must take place. To make this policy
explicit in the rules, we are adopting clarifying language for parts
22, 24, 26, 27, and 90.
9. Finally, in the R&O, the amended rules of part 97 inadvertently
omitted language specifying that a licensee is required to make
reasonable efforts to resolve or mitigate any potential interference
problems with the Observatory and that a licensee must notify the
Observatory of new or modified facilities at least 20 days in advance
of planned operation. Accordingly, we are adding that language to part
97--see sections 97.203(h) and 97.205(h).
Final Regulatory Flexibility Analysis
10. Final Regulatory Flexibility Certification. As required by
Section 603 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 603, an
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the
NPRM. We sought written comments on the proposals in the NPRM,
including the IRFA. No commenting parties raised issues specifically in
response to the IRFA, and a Final Regulatory Flexibility Analysis was
included in the R&O. The rules adopted in this Memorandum Opinion and
Order (MO&O) provide clarification of the rules adopted in the R&O. We
therefore certify pursuant to section 605(b) of the RFA that the rules
adopted in the MO&O do not have a significant economic impact on a
substantial number of small entities. We shall provide a copy of this
certification to the Chief Counsel for Advocacy of the SBA, and shall
include it in the report to Congress pursuant to the Small Business
Regulatory Enforcement Fairness Act of 1996.
List of Subjects
47 CFR Part 22
Communications common carriers, Radio.
47 CFR Part 24
Personal communications services, Radio.
47 CFR Part 26
General Wireless communications service, Radio.
47 CFR Part 27
Wireless communications service, Radio.
47 CFR Part 90
Land mobile, Radio.
47 CFR Part 97
Civil defense, Radio.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble, parts 22, 24, 26, 27, 90
and 97 of Title 47 of the Code of Federal Regulations are amended as
follows:
PART 22--PUBLIC MOBILE SERVICES
1. The authority citation for part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 222, 303, 309 and 332.
2. Section 22.369, is amended by revising paragraphs (d)(1), (2)
and (3) to read as follows:
Sec. 22.369 Quiet zones and Arecibo Coordination Zone.
* * * * *
(d) * * *
(1) Carriers planning to construct and operate a new Public Mobile
Services station at a permanent fixed location on the islands of Puerto
Rico, Desecheo, Mona, Vieques or Culebra in services in which
individual station licenses are issued by the FCC; planning to
construct and operate a new Public Mobile Services station at a
permanent fixed location on these islands that may cause interference
to the operations of the Arecibo Observatory in services in which
individual station licenses are not issued by the FCC; or planning a
modification of any existing Public Mobile Services station at a
permanent fixed location on these islands that would increase the
likelihood of causing interference to the operations of the Arecibo
Observatory must notify the Interference Office, Arecibo Observatory,
Post Office Box 995, Arecibo, Puerto Rico 00613, in writing or
electronically (e-mail address: prcz@naic.edu), of the technical
parameters of the planned operation. Carriers may wish to use the
interference guidelines provided by Cornell University as guidance in
designing facilities to avoid interference to the Observatory. The
notification must include identification of the geographical
coordinates of the antenna location (NAD-83 datum), the antenna height,
antenna directivity (if any), proposed channel and FCC rule part, type
of emission, and effective isotropic radiated power.
(2) In services in which individual station licenses are issued by
the FCC, the notification required in paragraph (d)(1) of this section
should be sent at the same time the application is filed with the FCC,
and at least 20 days in advance of the applicant's planned operation.
The application must state the date that notification in accordance
with paragraph (d)(1) was made. In services in which individual station
licenses are not issued by the FCC, the notification required in
paragraph (d)(1) of this section should be sent at least 45 days in
advance of the applicant's planned operation. In the latter services,
the Interference Office must inform the FCC of a notification by an
applicant within 20 days if the Office plans to file comments or
objections to the notification. After the FCC receives an application
from a service applicant or is informed by the Interference Office of a
notification from a service applicant, the FCC will allow the
Interference Office a period of 20 days for comments or objections in
response to the application or notification.
(3) If an objection to any planned service operation is received
during the 20-day period from the Interference Office, the FCC will
take whatever action is deemed appropriate.
[[Page 41203]]
PART 24--PERSONAL COMMUNICATIONS SERVICES
3. The authority citation for part 24 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332.
4. Section 24.18 is revised to read as follows:
Sec. 24.18 Notification to the Arecibo Observatory.
(a) The requirements in this section are intended to minimize
possible interference at the Arecibo Observatory in Puerto Rico.
Licensees must make reasonable efforts to protect the Observatory from
interference. Licensees planning to construct and operate a new station
at a permanent fixed location on the islands of Puerto Rico, Desecheo,
Mona, Vieques or Culebra in services in which individual station
licenses are issued by the FCC; planning to construct and operate a new
station at a permanent fixed location on these islands that may cause
interference to the operations of the Arecibo Observatory in services
in which individual station licenses are not issued by the FCC; or
planning a modification of any existing station at a permanent fixed
location on these islands that would increase the likelihood of causing
interference to the operations of the Arecibo Observatory must notify
the Interference Office, Arecibo Observatory, Post Office Box 995,
Arecibo, Puerto Rico 00613, in writing or electronically (e-mail
address: prcz@naic.edu), of the technical parameters of the planned
operation. Carriers may wish to use the interference guidelines
provided by Cornell University as guidance in designing facilities to
avoid interference to the Observatory. The notification must include
identification of the geographical coordinates of the antenna location
(NAD-83 datum), the antenna height, antenna directivity (if any),
proposed channel and FCC Rule Part, type of emission, and effective
isotropic radiated power.
(b) In services in which individual station licenses are issued by
the FCC, the notification required in paragraph (a) of this section
should be sent at the same time the application is filed with the FCC,
and at least 20 days in advance of the applicant's planned operation.
The application must state the date that notification in accordance
with paragraph (a) was made. In services in which individual station
licenses are not issued by the FCC, the notification required in
paragraph (a) of this section should be sent at least 45 days in
advance of the applicant's planned operation. In the latter services,
the Interference Office must inform the FCC of a notification by an
applicant within 20 days if the Office plans to file comments or
objections to the notification. After the FCC receives an application
from a service applicant or is informed by the Interference Office of a
notification from a service applicant, the FCC will allow the
Interference Office a period of 20 days for comments or objections in
response to the application or notification.
(c) If an objection to any planned service operation is received
during the 20-day period from the Interference Office, the FCC will
take whatever action is deemed appropriate.
PART 26--GENERAL WIRELESS COMMUNICATIONS SERVICE
5. The authority citation for part 26 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332, unless
otherwise noted.
6. Section 26.105 is revised to read as follows:
Sec. 26.105 Notification to the Arecibo Observatory.
(a) The requirements in this section are intended to minimize
possible interference at the Arecibo Observatory in Puerto Rico.
Licensees must make reasonable efforts to protect the Observatory from
interference. Licensees planning to construct and operate a new station
at a permanent fixed location on the islands of Puerto Rico, Desecheo,
Mona, Vieques or Culebra in services in which individual station
licenses are issued by the FCC; planning to construct and operate a new
station at a permanent fixed location on these islands that may cause
interference to the operations of the Arecibo Observatory in services
in which individual station licenses are not issued by the FCC; or
planning a modification of any existing station at a permanent fixed
location on these islands that would increase the likelihood of causing
interference to the operations of the Arecibo Observatory must notify
the Interference Office, Arecibo Observatory, Post Office Box 995,
Arecibo, Puerto Rico 00613, in writing or electronically (e-mail
address: prcz@naic.edu), of the technical parameters of the planned
operation. Carriers may wish to use the interference guidelines
provided by Cornell University as guidance in designing facilities to
avoid interference to the Observatory. The notification must include
identification of the geographical coordinates of the antenna location
(NAD-83 datum), the antenna height, antenna directivity (if any),
proposed channel and FCC rule part, type of emission, and effective
isotropic radiated power.
(b) In services in which individual station licenses are issued by
the FCC, the notification required in paragraph (a) of this section
should be sent at the same time the application is filed with the FCC,
and at least 20 days in advance of the applicant's planned operation.
The application must state the date that notification in accordance
with paragraph (a) was made. In services in which individual station
licenses are not issued by the FCC, the notification required in
paragraph (a) of this section should be sent at least 45 days in
advance of the applicant's planned operation. In the latter services,
the Interference Office must inform the FCC of a notification by an
applicant within 20 days if the Office plans to file comments or
objections to the notification. After the FCC receives an application
from a service applicant or is informed by the Interference Office of a
notification from a service applicant, the FCC will allow the
Interference Office a period of 20 days for comments or objections in
response to the application or notification.
(c) If an objection to any planned service operation is received
during the 20-day period from the Interference Office, the FCC will
take whatever action is deemed appropriate.
PART 27--WIRELESS COMMUNICATIONS SERVICE
7. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, and 332,
unless otherwise noted.
8. Section 27.62 is revised to read as follows:
Sec. 27.62 Notification to the Arecibo Observatory.
(a) The requirements in this section are intended to minimize
possible interference at the Arecibo Observatory in Puerto Rico.
Licensees must make reasonable efforts to protect the Observatory from
interference. Licensees planning to construct and operate a new station
at a permanent fixed location on the islands of Puerto Rico, Desecheo,
Mona, Vieques or Culebra in services in which individual station
licenses are issued by the FCC; planning to construct and operate a new
station at a permanent fixed location on these islands that may cause
interference to the operations of the Arecibo Observatory in services
in which individual station licenses are not issued by the FCC; or
planning a
[[Page 41204]]
modification of any existing station at a permanent fixed location on
these islands that would increase the likelihood of causing
interference to the operations of the Arecibo Observatory must notify
the Interference Office, Arecibo Observatory, Post Office Box 995,
Arecibo, Puerto Rico 00613, in writing or electronically (e-mail
address: prcz@naic.edu), of the technical parameters of the planned
operation. Carriers may wish to use the interference guidelines
provided by Cornell University as guidance in designing facilities to
avoid interference to the Observatory. The notification must include
identification of the geographical coordinates of the antenna location
(NAD-83 datum), the antenna height, antenna directivity (if any),
proposed channel and FCC rule part, type of emission, and effective
isotropic radiated power.
(b) In services in which individual station licenses are issued by
the FCC, the notification required in paragraph (a) of this section
should be sent at the same time the application is filed with the FCC,
and at least 20 days in advance of the applicant's planned operation.
The application must state the date that notification in accordance
with paragraph (a) was made. In services in which individual station
licenses are not issued by the FCC, the notification required in
paragraph (a) of this section should be sent at least 45 days in
advance of the applicant's planned operation. In the latter services,
the Interference Office must inform the FCC of a notification within 20
days if the Office plans to file comments or objections to the
notification. After the FCC receives an application from a service
applicant or is informed by the Interference Office of a notification
from a service applicant, the FCC will allow the Interference Office a
period of 20 days for comments or objections in response to the
application or notification.
(c) If an objection to any planned service operation is received
during the 20-day period from the Interference Office, the FCC will
take whatever action is deemed appropriate.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
9. The authority citation for part 90 continues to read as follows:
Authority: Secs. 4, 251-2, 303, 309 and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 332, unless
otherwise noted.
10. Section 90.177 is amended by revising paragraph (f)
introductory text, and paragraphs (f)(1) and (2) to read as follows:
Sec. 90.177 Protection of certain radio receiving locations.
* * * * *
(f) Licensees planning to construct and operate a new station at a
permanent fixed location on the islands of Puerto Rico, Desecheo, Mona,
Vieques or Culebra in services in which individual station licenses are
issued by the FCC; planning to construct and operate a new station at a
permanent fixed location on these islands that may cause interference
to the operations of the Arecibo Observatory in services in which
individual station licenses are not issued by the FCC; or planning a
modification of any existing station at a permanent fixed location on
these islands that would increase the likelihood of causing
interference to the operations of the Arecibo Observatory must notify
the Interference Office, Arecibo Observatory, Post Office Box 995,
Arecibo, Puerto Rico 00613, in writing or electronically (e-mail
address: prcz@naic.edu), of the technical parameters of the planned
operation. Carriers may wish to use the interference guidelines
provided by Cornell University as guidance in designing facilities to
avoid interference to the Observatory. The notification must include
identification of the geographical coordinates of the antenna location
(NAD-83 datum), the antenna height, antenna directivity (if any),
proposed channel and FCC Rule Part, type of emission, and effective
isotropic radiated power.
(1) In services in which individual station licenses are issued by
the FCC, the notification required in paragraph (f) of this section
should be sent at the same time the application is filed with the FCC,
and at least 20 days in advance of the applicant's planned operation.
The application must state the date that notification in accordance
with paragraph (f) was made. In services in which individual station
licenses are not issued by the FCC, the notification required in
paragraph (f) of this section should be sent at least 45 days in
advance of the applicant's planned operation. In the latter services,
the Interference Office must inform the FCC of a notification within 20
days if the Office plans to file comments or objections to the
notification.
(2) After the FCC receives an application from a service applicant
or is informed by the Interference Office of a notification from a
service applicant, the FCC will allow the Interference Office a period
of 20 days for comments or objections in response to the application or
notification. The applicant will be required to make reasonable efforts
in order to resolve or mitigate any potential interference problem with
the Arecibo Observatory and to file either an amendment to the
application or a modification application, if appropriate. If the FCC
determines that an applicant has satisfied its responsibility to make
reasonable efforts to protect the Observatory from interference, its
application may be granted.
* * * * *
PART 97--AMATEUR RADIO SERVICE
11. The authority citation for part 97 continues to read as
follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 301-609, unless otherwise noted.
12. Section 97.203 is amended by revising paragraph (h)
introductory text, and (h)(2) to read as follows:
Sec. 97.203 Beacon station.
* * * * *
(h) The provisions of this paragraph do not apply to repeaters that
transmit on the 1.2 cm or shorter wavelength bands. Before establishing
a repeater within 16 km (10 miles) of the Arecibo Observatory or before
changing the transmitting frequency, transmitter power, antenna height
or directivity of an existing repeater, the station licensee must give
notification thereof at least 20 days in advance of planned operation
to the Interference Office, Arecibo Observatory, Post Office Box 995,
Arecibo, Puerto Rico 00613, in writing or electronically, of the
technical parameters of the proposal. Licensees who choose to transmit
information electronically should e-mail to: prcz@naic.edu
(1) * * *
(2) If an objection to the proposed operation is received by the
FCC from the Arecibo Observatory, Arecibo, Puerto Rico, within 20 days
from the date of notification, the FCC will consider all aspects of the
problem and take whatever action is deemed appropriate. The licensee
will be required to make reasonable efforts in order to resolve or
mitigate any potential interference problem with the Arecibo
Observatory.
13. Section 97.205 is amended by revising paragraph (h)
introductory text and (h)(2) to read as follows:
Sec. 97.205 Repeater station.
* * * * *
[[Page 41205]]
(h) The provisions of this paragraph do not apply to repeaters that
transmit on the 1.2 cm or shorter wavelength bands. Before establishing
a repeater within 16 km (10 miles) of the Arecibo Observatory or before
changing the transmitting frequency, transmitter power, antenna height
or directivity of an existing repeater, the station licensee must give
notification thereof at least 20 days in advance of planned operation
to the Interference Office, Arecibo Observatory, Post Office Box 995,
Arecibo, Puerto Rico 00613, in writing or electronically, of the
technical parameters of the proposal. Licensees who choose to transmit
information electronically should e-mail to: prcz@naic.edu
(1) * * *
(2) If an objection to the proposed operation is received by the
FCC from the Arecibo Observatory, Arecibo, Puerto Rico, within 20 days
from the date of notification, the FCC will consider all aspects of the
problem and take whatever action is deemed appropriate. The licensee
will be required to make reasonable efforts in order to resolve or
mitigate any potential interference problem with the Arecibo
Observatory.
[FR Doc. 98-20528 Filed 7-31-98; 8:45 am]
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