27 October 1997 Source: http://www.access.gpo.gov/su_docs/aces/aces140.html ----------------------------------------------------------------------- [Federal Register: October 27, 1997 (Volume 62, Number 207)] [Rules and Regulations] [Page 55537-55539] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27oc97-15] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 74, 78, and 101 [ET Docket No. 97-99; FCC 97-348] Reallocation of 18/24 GHz Bands AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This Order amends the Commission's rules regarding Auxiliary Broadcast Services, Cable Television Relay Service, and Fixed Microwave Services to specify permanent coordination criteria between these services and Government operations in the 17.8-19.7 GHz band. This action is taken to advance, support, and accommodate the national defense. EFFECTIVE DATE: November 26, 1997. FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering and Technology, (202) 418-2452. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, ET Docket 97-99, FCC 97-348, adopted September 26, 1997, and released October 14, 1997. 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, D.C., and also may be purchased from the Commission's duplication contractor, International Transcription Service, (202) 857-3800, 1231 20th Street, NW., Washington, D.C. 20036. Summary of the Order 1. This proceeding was initiated pursuant to a request from the National Telecommunications and Information Administration (NTIA), on behalf of the Department of Defense, to protect Government Earth stations in the17.8-19.7 GHz band in the Washington, DC, and Denver, CO, areas in the interest of national security. In the original Order in this proceeding (Reallocation Order), 62 FR 24576, May 6, 1997, we amended our Table of Frequency Allocations and Part 101 of our rules to permit Fixed Service use of the 24.25-24.45 GHz and 25.05-25.25 GHz bands (``24 GHz band''). We took that action to facilitate relocation of the digital electronic message service (``DEMS'') from the 18.82- 18.92 GHz and 19.16-19.26 GHz bands (``18 GHz band'') to the 24 GHz band. 2. NTIA also requested that we establish coordination zones for fixed service licensees located at 18 GHz. Specifically, to protect Government users, NTIA requested that we replace our interim coordination procedures for non-DEMS fixed services in the 18 GHz band with permanent coordination requirements. In the Reallocation Order, we stated that we would adopt rules consistent with the exclusion and coordination requirements requested by NTIA in a future Order. However, we found it necessary in the Reallocation Order to immediately modify the rules for low power operations at 18 GHz. Finally, we stated that pending adoption of a future Order consistent with NTIA's request, we would continue to protect Government operations at 18 GHz from other non-Government operations by using the interim procedures currently in place. 3. As requested by NTIA, we establish for the 17.8-19.7 GHz band permanent exclusion and coordination zones with regard to applicable Auxiliary Broadcast (Part 74), Cable Television Relay (Part 78), and Fixed Microwave (Part 101) operations in Washington, D.C. and Denver, Colorado. This action is necessary to minimize potential interference to Government operations. Our action herein will ensure that Government satellite Earth stations important to national security will operate without harmful interference being caused by non-Government operations. 4. We take this action to minimize the likelihood of interference to military communications. Accordingly, we find that notice and comment procedures are unnecessary and contrary to the public interest, and need not be followed prior to the adoption of these rules. See 5 U.S.C. Sec. 553 (a)(1), (b)(3)(B); Bendix Aviation Corp. v. F.C.C., 272 F.2d 533 (D.C. Cir. 1959), cert. denied sub nom. Aeronautical Radio, Inc. v. U.S., 361 U.S. 965 (1960). 5. It is ordered, that parts 74, 78, and 101 of the Commission's Rules are amended. This action is authorized by Sections 4(i), 303(c), 303(f), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 145(i), 303(c), 303(f), and 303(r). List of Subjects 47 CFR Part 74 Communications equipment, Radio. 47 CFR Part 78 Cable television, Radio. 47 CFR Part 101 Fixed microwave services, Radio. Federal Communications Commission. William F. Caton, Acting Secretary. Rule Changes Title 47 of the Code of Federal Regulations, Parts 74, 78, and 101 are amended as follows: PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER DISTRIBUTIONAL SERVICES 1. The authority citation for Part 74 continues to read: Authority: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as amended; 47 U.S.C. 154, 303, 554. 2. Section 74.32 is added to read as follows: Sec. 74.32 Operation in the 17.8-19.7 GHz band. (a) To minimize or avoid harmful interference to Government Satellite Earth Stations located in the Denver, Colorado and Washington, D.C. areas, any application for a new station license to operate in the 17.8-19.7 GHz band, or for modification of an existing station license in this band which would change the frequency, power, emission, modulation, polarization, antenna height or directivity, or location of such [[Page 55538]] a station, must be coordinated with the Federal Government by the Commission before an authorization will be issued, if the station or proposed station is located in whole or in part within any of the areas defined by the following rectangles or circles: Denver, CO Area Rectangle 1: 41 deg.30'00'' N. Lat. on the north 103 deg.10'00'' W. Long. on the east 38 deg.30'00'' N. Lat. on the south 106 deg.30'00'' W. Long. on the west Rectangle 2: 38 deg.30'00'' N. Lat. on the north 105 deg.00'00'' W. Long. on the east 37 deg.30'00'' N. Lat. on the south 105 deg.50'00'' W. Long. on the west Rectangle 3: 40 deg.08'00'' N. Lat. on the north 107 deg.00'00'' W. Long. on the east 39 deg.56'00'' N. Lat. on the south 107 deg.15'00'' W. Long. on the west Washington, D.C. Area Rectangle 38 deg.40''00'' N. Lat. on the north 78 deg.50'00'' W. Long. on the east 38 deg.10'00'' N. Lat. on the south 79 deg.20'00'' W. Long. on the west or (b) Within a radius of 178 km of 38 deg.48'00'' N. Lat./76 deg. 52'00'' W. Long. (c) In addition, no application seeking authority to operate in the 17.8-19.7 GHz band will be accepted for filing if the proposed station is located within 20 km of the following coordinates: Denver, CO area: 39 deg.43'00'' N. Lat./104 deg.46'00'' W. Long. Washington, DC area: 38 deg.48'00'' N. Lat. / 76 deg.52'00'' W. Long. Note to Sec. 74.32: The coordinates cited in this section are specified in terms of the ``North American Datum of 1983 (NAD 83)'' with an accuracy of 30 meters with respect to the ``National Spacial Reference System''. PART 78--CABLE TELEVISION RELAY SERVICE 1. The authority citation for Part 78 continues to read: Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152, 153, 154, 301, 303, 307, 308, 309. 2. Section 78.19 is amended by adding paragraph (f) to read as follows: Sec. 78.19 Interference. * * * * * (f) Protection to the Federal Government's receive earth station perations in the Denver, Colorado and Washington D.C. areas in the 17,800 to 19,700 MHz band. (1) With the exception of applicants for a station authorization to operate within a 5 km radius of 39 deg.40'23'' N Lat. and 105 deg.13'03'' W Long (Morrison, CO), applicants will not be authorized to operate within a 50 km radius of 39 deg.43'00## N Lat. and 104 deg.46'00'' W Long. (Denver, CO) and within a 50 km radius of 38 deg.48'00'' N Lat. and 76 deg.52'00'' W Long. (Washington, DC). (2) To minimize or avoid harmful interference to Government Satellite Earth Stations located in the Denver, Colorado and Washington, D.C. areas, any application for a new station license to operate in the 17.8-19.7 GHz band, or for modification of an existing station license in this band which would change the frequency, power, emission, modulation, polarization, antenna height or directivity, or location of such a station, must be coordinated with the Federal Government by the Commission before an authorization will be issued, if the station or proposed station is located in whole or in part within any of the areas defined by the following rectangles or circles: (i) A circular area within a 5 km radius of 39 deg.40'23'' N Lat. and 105 deg.13'03'' W Long. (Morrison, CO) (ii) Within the rectangular areas defined as follows (vicinity of Denver, CO): Rectangle 1: 414 deg.30'00'' N. Lat. on the north 103 deg.10'00'' W. Long. on the east 38 deg.30'00'' N. Lat. on the south 106 deg.30'00'' W. Long. on the west Rectangle 2: 38 deg.30'00'' N. Lat. on the north 105 deg.00'00'' W. Long. on the east 37 deg.30'00'' N. Lat. on the south 105 deg.50'00'' W. Long. on the west Rectangle 3: 40 deg.08'00'' N. Lat. on the north 107 deg.00'00'' W. Long. on the east 39 deg.56'00'' N. Lat. on the south 107 deg.15'00'' W. Long. on the west (iii) Within the rectangle and circle areas as follows (vicinity of Washington, DC): Rectangle 38 deg.40'00'' N. Lat. on the north 78 deg.50'00'' W. Long. on the east 38 deg.10'00'' N. Lat. on the south 79 deg.20'00'' W. Long. on the west or or (iv) Within a radius of 178 km of 38 deg.48'00'' N. Lat. / 76 deg.52'00'' W. Long. Note to Sec. 78.19: The coordinates cited in this section are specified in terms of the ``North American Datum of 1983 (NAD 83)'' with an accuracy of -30 meters with respect to the ``National Spacial Reference System.'' PART 101--FIXED MICROWAVE SERVICES 1. The authority citation for Part 101 continues to read as follows: Authority: 47 U.S.C. 154 and 303, unless otherwise noted. 2. Section 101.31 is amended by revising paragraph (b)(3) introductory text and paragraph (e)(1)(v) and adding paragraph (b)(6) to read as follows: Sec. 101.31 Special temporary, temporary, and conditional authorizations. * * * * * (b) * * * (3) Except for operations in the 17.8-19.7 GHz band, the licensee of stations which are authorized pursuant to the provisions of paragraph (b) of this section shall notify the Commission at least five (5) days prior to installation of the facilities stating: * * * * * (6) Operations in the 17.8-19.7 GHz band are prohibited in the areas defined in Sec. 101.123(d)(2). Operations proposed in the areas defined in Sec. 101.123(d)(1) may not commence without prior specific notification to, and authorization from, the Commission. Such notification will contain the information specified in paragraph (b)(3) of this section. * * * * * (e) * * * (1) * * * (v) The station site does not lie within 56.3 kilometers of any international border, within a radio ``Quiet Zone'' identified in Sec. 101.123 or, if operated on frequencies in the 17.8-19.7 GHz band, within any of the areas identified in Sec. 101.123(d); * * * * * 3. Section 101.123 is amended by adding paragraph (d) to read as follows: Sec. 101.123 Quiet zones. * * * * * (d)(1) To minimize or avoid harmful interference to Government Satellite Earth Stations located in the Denver, Colorado and Washington, D.C. areas, any application for a new station license to operate in the 17.8-19.7 GHz band (except for low power operations governed by Sec. 101.147(r)(10)), or for modification of an existing station license in this band which would change the frequency, power, emission, modulation, polarization, antenna height or directivity, or location of such a station, must be coordianted with the Federal Government by the Commission before an authorization will be issued, if the station or proposed station is located in whole or in part within any of the areas defined by the following rectangles or circles: Denver, CO Area Rectangle 1: 41 deg.30'00'' N. Lat. on the north 103 deg.10'00'' W. Long. on the east 38 deg.30'00'' N. Lat. on the south 106 deg.30'00'' W. Long. on the west Rectangle 2: [[Page 55539]] 38 deg.30'00'' N. Lat. on the north 105 deg.00'00'' W. Long. on the east 37 deg.30'00'' N. Lat. on the south 105 deg.50'00'' W. Long. on the west Rectangle 3: 40 deg.08'00'' N. Lat. on the north 107 deg.00'00'' W. Long. on the east 39 deg.56'00'' N. Lat. on the south 107 deg.15'00'' W. Long. on the west Washington, D.C. Area Rectangle 38 deg.40'00'' N. Lat. on the north 78 deg.50'00'' W. Long. on the east 38 deg.10'00'' N. Lat. on the south 79 deg.20'00'' W. Long. on the west or (2) Within a radius of 178 km of 38 deg.48'00'' N. Lat./ 78 deg.52'00'' W. Long. (3) In addition, no application seeking authority to operate in the 17.8-19.7 GHz band will be accepted for filing if the proposed station is located within 20 km (or within 55 km if the application is for an outdoor low power operation pursuant to Sec. 101.147(r)(10)) of the following coordinated: Denver, CO area: 39 deg.43'00'' N. Lat./104 deg.46'00'' W. Long. Washington, DC area: 38 deg.48'00'' N. Lat./76 deg.52'00'' W. Long. Note to Sec. 101.123: The coordinates cited in this section are specified in terms of the ``North American Datum of 1983 (NAD 83)'' with an accuracy of 30 meters with respect to the ``National Spacial Reference System''. [FR Doc. 97-28297 Filed 10-24-97; 8:45 am] BILLING CODE 6712-01-M