[Federal Register: December 12, 2003 (Volume 68, Number 239)]
[Rules and Regulations]               
[Page 69328-69331]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de03-13]                         

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 74

[ET Docket No. 01-75; FCC 03-246]

 
Revision of Broadcast Auxiliary Service

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document addresses petitions for reconsideration of the 
Report and Order in this proceeding, filed by Nassau County Police 
Department (NCPD) and the Society of Broadcast Engineers, Inc. (SBE). 
In the Report and Order, the Commission amended the rules in part 74, 
Broadcast Auxiliary Service (BAS), part 78, Cable Television Relay 
Service (CARS), and part 101, Fixed Microwave Service (FS) to permit 
stations in these services to use digital technology. It also made 
conforming amendments so that the stations in these services, which 
share frequency bands and use similar transmission technologies, will 
operate under consistent regulations.

DATES: Effective January 12, 2004.

FOR FURTHER INFORMATION CONTACT: Ted Ryder, Office of Engineering and 
Technology, (202) 418-2803.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order, ET Docket No. 01-75, FCC 03-246, adopted 
October 15, 2003, and released October 20, 2003. The full text of this 
document is available on the Commission's Internet site at http://www.fcc.gov. 
It is also available for inspection and copying during regular business 
hours in the FCC Reference Center (Room CY-A257), 445 12th St., SW, 
Washington, DC 20554. The full text of this document also may be 
purchased from the Commission's duplication contractor, Qualex 
International, Portals II, 445 12th St., SW., Room CY-B402, Washington, 
DC 20554; telephone (202) 863-2893; fax (202) 863-2898; e-mail qualexint@aol.com.

Summary of the Report and Order

    1. In the Memorandum Opinion and Order, the Commission addressed 
petitions for reconsideration of the

[[Page 69329]]

Report and Order (R&O) in this proceeding, filed by Nassau County 
Police Department (NCPD) and the Society of Broadcast Engineers, Inc. 
(SBE). In the R&O, the Commission amended the rules in part 74, 
Broadcast Auxiliary Service (BAS), part 78, Cable Television Relay 
Service (CARS), and part 101, Fixed Microwave Service (FS) to permit 
stations in these services to use digital technology. It also made 
conforming amendments so that the stations in these services, which 
share frequency bands and use similar transmission technologies, will 
operate under consistent regulations. Specifically, the actions in the 
R&O permit BAS licensees to use digital modulation in all of the Aural 
and Television (TV) BAS bands; update and conform BAS and CARS rules 
with FS rules; simplify and streamline BAS processing via our licensing 
database, the Universal Licensing System (ULS); and allow the operation 
of Wireless Assist Video Devices (WAVDs) under part 74.
    2. The Commission granted NCPD's petition to exclude WAVDs from the 
band 500-506 MHz (UHF-TV channel 19) in the New York/Northeast New 
Jersey (NY/NJ) area in order to protect incumbent public safety land 
mobile operations in that area. In addition we exclude, to a lesser 
extent, WAVD operation on adjacent bands 494-500 MHz (UHF-TV channel 
18) and 506-512 MHz (UHF-TV channel 20) in that area. We also denied 
SBE's petition to treat composite, dual carrier analog/digital TV BAS 
emissions within a single channel as separate emissions.
    3. On March 28, 2003, the NCPD filed a Petition for Reconsideration 
of the R&O asking that we exclude WAVDs from the band 500-506 MHz (UHF-
TV channel 19) in the NY/NJ area. Additionally, on April 4, 2003, the 
SBE filed a Petition for Reconsideration asking that we: (1) Treat 
composite, dual carrier analog/digital TV BAS emissions within a single 
BAS channel as separate emissions; (2) accommodate elective 
registration of BAS Mobile TV Pick-up (TVPU) receive sites on the ULS; 
(3) confirm that multiple BAS emissions of reduced bandwidth are 
permissible on standard TV BAS channels; and (4) clarify that BAS RPUs 
may continue to operate with 20 and 25 kHz bandwidths in the 450/455 
MHz RPU band.

A. Exclusion of WAVDs From UHF-TV Channel 19 in the NY/NJ Area

    4. We agree with NCPD that WAVD operations should be excluded from 
the band 500-506 MHz (UHF-TV channel 19) in the NY/NJ area. First, we 
agree with NCPD that there is a need for public safety land mobile use 
of UHF-TV channel 19, as evidenced by numerous existing public safety 
operations authorized under waiver on this channel in the NY/NJ area. 
We find that deployment of WAVDs on this channel in accordance with the 
rules as adopted in the R&O, i.e., absent an exclusion, could thus pose 
a risk of interference to those public safety land mobile operations. 
We therefore exclude WAVD operation UHF-TV channel 19 in the NY/NJ 
area. We also exclude WAVD operation on adjacent UHF-TV Channels 18 and 
20 in the NY/NJ area, to a lesser extent, consistent with the approach 
in the WAVD rules adopted by the R&O. We note that, because WAVDs are 
authorized on all 42 assignable channels, they may use other channels 
in the NY/NJ area to satisfy their communications needs, and thus this 
exclusion will not overly constrain WAVD deployment in the NY/NJ area. 
We also note that no WAVDs have yet been applied for or licensed, and 
we thus find that no existing WAVD licensee would be affected by this 
new exclusion. Accordingly, we granted NCPD's Petition and amend Sec.  
74.870(c)(4) to exclude WAVD operation on the band 500-506 MHz (UHF-TV 
channel 19) for a radius of 200 km around the coordinates listed in 
section 90.303 for the NY/NJ area, and on the bands 494-500 MHz (lower 
adjacent UHF-TV channel 18) and 506-512 MHz (upper adjacent UHF-TV 
channel 20) for a radius of 128 km around those coordinates.

B. Treatment of Composite, Dual Carrier Analog/Digital Emissions

    5. In the R&O, the Commission decided that hybrid TV BAS systems, 
where an analog signal and a digital signal are transmitted in a single 
channel, would be treated as a single, aggregate emission regarding 
emission mask, emission designator, and Equivalent Isotropically 
Radiated Power (EIRP) determinations in the equipment authorization and 
station licensing processes. This approach conforms with the treatment 
of similar equipment used by the FS under part 101 and best addresses 
how various emissions fit within a single BAS channel. The Commission 
also adopted a similar approach for TV BAS composite systems under part 
74. The Commission observed that hybrid and composite systems will 
accommodate both existing analog and new digital TV signals 
simultaneously over a common TV BAS channel, which will ease the 
transition to DTV. These systems provide a migration mechanism from 
using an analog signal to a combination analog/digital signal, and 
eventually to only a digital signal. The Commission stated that 
conforming the treatment of these systems with existing rules for the 
FS under part 101 would simplify manufacturing processes, equipment 
authorization, and licensing.
    6. We continue to believe that conforming the treatment of 
composite systems under part 74 with the aggregate treatment of hybrid 
systems under parts 74 and 101 would simplify equipment authorization 
and licensing for these systems without complicating or compromising 
frequency coordination. We note that, under the rules adopted in the 
R&O, manufacturers only need to ensure compliance with a single 
bandwidth, emission mask, and EIRP to obtain certification for their 
equipment, rather than conducting separate measurements for the analog 
and digital portions of their signal. Moreover, because TV BAS licenses 
in the 2 GHz band designate the upper and lower edges of the licensed 
channel, rather than the assigned center frequency, our approach 
provides licensees with flexibility to accommodate multiple signals 
within their assigned channel. Requiring separate emission designators, 
as requested by SBE, would reduce this flexibility because each 
emission must then be associated with a specific frequency. In 
addition, because such a change would entail a wholesale restructuring 
of the way TV BAS is licensed in the 2 GHz band, making the requested 
change would entail a restructuring of the ULS and a requirement for 
many licensees to modify their licenses to conform. With respect to 
frequency coordination, we reiterate that for specific composite 
systems, coordinators could determine individual technical and 
operational details and interference protection criteria via the 
manufacturer and model shown in the individual license record in the 
ULS or, when necessary, contact the licensee to obtain this information 
through the normal coordination process, as is appropriate wherever 
additional technical or operational details are needed. In response to 
SBE's concern regarding the determination of whether the analog or 
digital carrier is on the low or high side of the channel, we note that 
the licensee could similarly be contacted. Finally, because the need to 
accommodate analog emissions will likely decrease after transition to 
DTV, we believe that the utility of these transitional analog/digital 
systems, as well as any need to obtain additional technical details for 
frequency coordination, will be relatively short-

[[Page 69330]]

lived. Accordingly, we do not find that frequency coordination would be 
unnecessarily complicated by aggregate treatment of BAS emissions 
within a channel, and consequently deny SBE's Petition. We therefore 
find separate treatment of analog and digital emissions unnecessary.

C. Additional Requests

    7. Elective Registration of BAS TVPU Receive Sites: In its 
Petition, SBE asks that we allow licensees to electively register fixed 
receive sites associated with BAS TVPU stations in the ULS. SBE states 
that this information would be used to protect TVPU receive sites, 
especially during frequency coordination along international borders. 
As noted by SBE, frequency coordination of BAS TVPU stations 
necessitates information on TVPU receive sites, and registration of 
such receive sites may offer some benefit to frequency coordination by 
facilitating their identification. However, we find that, because 
registration of BAS TVPU receive sites in the ULS was neither at issue 
nor addressed by the R&O, it is beyond the scope of the Memorandum 
Opinion and Order. At this time, we find that such elective 
registration is unnecessary. However if parties continue to believe 
that such a requirement would be beneficial they may file a petition 
for rulemaking seeking the imposition of TVPU receive site 
registration.
    8. Reduced Bandwidth on TV BAS Channels: SBE seeks clarification of 
several issues related to the use of digital links in the TV BAS bands. 
First, SBE asks that the Commission clarify that the Commission will 
not routinely dismiss applications specifying narrowband digital 
emissions. SBE notes that only a wideband (25 MHz) channel plan 
currently exists for the 7 and 13 GHz bands, but some newer digital 
equipment operates with only 6.5 MHz bandwidths. Second, SBE asks that 
the Commission clarify that a narrowband channel may operate on a 
frequency offset from the channel center. Finally, SBE asks the 
Commission to clarify that licensees may stack multiple narrowband 
emissions within a channel.
    9. As an initial matter, we note that the Commission does not 
routinely dismiss applications for underutilization of the spectrum. If 
no other deficiencies exist, an application for narrowband emissions 
within a wideband channel will not be routinely dismissed. In addition, 
we note that the Commission grants licenses for these bands by 
specifying a band of operation, not a specific operating frequency. 
Therefore, a licensee has flexibility to locate its emissions within a 
channel where it is most advantageous. Finally, to promote spectrum 
efficiency, we note that the rules allow licensees to multiplex 
multiple signals within a channel. Under this rule, licensees may 
provide information using multiple narrowband channels within the 
larger channel subject to the condition that the composite emissions 
meet the rules for out-of-band emissions. In these instances, we note 
that spectral efficiency will be further enhanced if the presence of 
systems operating on frequencies other than the channel center is 
accounted for in the frequency coordination process.
    10. RPU BAS with 20 kHz and 25 kHz Bandwidths: Finally, in its 
Petition, SBE notes that the Commission, in the R&O, rechannelized the 
BAS RPU 450/455 MHz band into 6.25 kHz blocks, stackable to 50 kHz 
maximum channel bandwidth, and adopted certain Part 90 technical 
standards, including the Sec.  90.210 emission mask requirements, for 
authorized bandwidths of 30 kHz or less. SBE, claiming that the part 90 
technical standards only allow a maximum channel width of 12.5 kHz, 
requests that we clarify that licensees may continue to use channel 
widths up to 25 kHz. The rules adopted in the R&O, which permit 
narrowband channels to be stacked to form wider channels, have not 
changed and are not restricted by the part 90 limitations on channel 
bandwidth. Thus, licensees may continue to stack these channels as 
needed, up to a maximum channel bandwidth of 50 kHz. However, we 
encourage licensees to operate with spectrally efficient equipment and 
use the minimum bandwidth necessary for their operation.

Final Regulatory Flexibility Certification

    11. The Regulatory Flexibility Act of 1980, as amended (RFA) \1\ 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not have a significant economic impact on a substantial number of 
small entities.'' \2\ The RFA generally defines ``small entity'' as 
having the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' \3\ In 
addition, the term ``small business'' has the same meaning as the term 
``small business concern'' under the Small Business Act.\4\ A small 
business concern is one which: (1) Is independently owned and operated; 
(2) is not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).\5\
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    \1\ The RFA, see 5 U.S.C. 601-612, has been amended by the 
Contract With America Advancement Act of 1996, Public Law 104-121, 
110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small 
Business Regulatory Enforcement Fairness Act (SBREFA).
    \2\ 5 U.S.C. 605(b).
    \3\ 5 U.S.C. 601(6).
    \4\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in Small Business Act, 15 U.S.C. 632). 
Pursuant to 5 U.S.C. 601(3), the statutory definition of a small 
business applies ``unless an agency, after consultation with the 
Office of Advocacy of the Small Business Administration and after 
opportunity for public comment, establishes one or more definitions 
of such term which are appropriate to the activities of the agency 
and publishes such definition(s) in the Federal Register.''
    \5\ Small Business Act, 15 U.S.C. 632.
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    12. In the Report and Order in this proceeding, the Commission 
established Wireless Assist Video Devices (WAVDs), allowing them to 
operate on certain unused TV channels on a secondary basis to other 
services. To provide flexibility, WAVDs are authorized on 42 TV 
channels, which include TV channels 8-12, 14-36, and 38-51, with 
operation subject to certain separation rules to protect other 
services. In this connection, WAVD operation is excluded on four 
channels, TV channels 14-17, in the New York/NE New Jersey (NY/NJ) 
area, to protect incumbent land mobile operations. In the Memorandum 
Opinion and Order, the Commission excludes WAVD operation on three 
additional channels, TV channels 18-20, in the NY/NJ area, to protect 
incumbent public safety land mobile operations authorized pursuant to 
waivers of the Commission's rules.
    13. We believe that these additional exclusions are necessary to 
protect incumbent public safety land mobile licensees and will have 
only minimal impact on prospective WAVD licensees. We note that public 
safety operations are extensive in this area on these frequencies and 
it is unlikely that perspective WAVD licensees could find the 
frequencies usable. We find that increasing the number of channels from 
which WAVD operation is excluded in the NY/NJ area from four to seven 
is insignificant given the total number of TV channels generally 
available to WAVD licensees. We also note that no WAVDs have yet been 
applied for or licensed, and we thus find that no existing WAVD 
licensee is affected by these new exclusions. Finally, we note that 
wherever WAVDs cannot be used, whether due to these exclusions, to 
other channel separations, or to conflicting frequency usage, cabled 
video assist devices would remain a

[[Page 69331]]

viable option for WAVD licensees. We thus conclude that these 
additional exclusions will have only a minor effect on WAVD operations, 
and hence a minimal economic impact on WAVD licensees. Therefore, we 
certify that the requirements of the Memorandum Opinion and Order will 
not have a significant economic impact on a substantial number of small 
entities. The Commission will send a copy of the Memorandum Opinion and 
Order, including a copy of this final certification, in a report to 
Congress pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A). In addition, the Memorandum Opinion and Order and this 
certification will be sent to the Chief Counsel for Advocacy of the 
Small Business Administration.

Ordering Clauses

    14. Pursuant to sections 1, 4(i), 302, 303(f), 303(r), and 332 of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 
302a, 303(f), 303(r), and 332, this Memorandum Opinion and Order is 
adopted.
    15. Part 74 of the Commission's Rules is amended as specified in 
Rule Changes, effective January 12, 2004. This action is taken pursuant 
to sections 1, 4(i), 302, 303(f), 303(r), and 332 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 302a, 303(f), 303(r), 
and 332.
    16. The petition for reconsideration of the Report and Order in 
this proceeding filed by Nassau County Police Department (NCPD) is 
granted, and the petition for reconsideration filed by the Society of 
Broadcast Engineers, Inc., is granted in part and denied in part, 
consistent with the terms of this Memorandum Opinion and Order.
    17. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Memorandum 
Opinion and Order, ET Docket No. 01-75, including the Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.
    18. Finally, the proceeding in ET Docket No. 01-75 is terminated.

List of Subjects in 47 CFR Part 74

    Communications equipment, Radio, Reporting and recordkeeping 
requirements, Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons set forth in the preamble, the Federal Communications 
Commission proposes to amend 47 CFR part 74 as follows:

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCASTING, AND 
OTHER PROGRAM DISTRIBUTIONAL SERVICES

0
1. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.

0
2. Section 74.870 is amended by revising the entry for New York/NE New 
Jersey in the table of paragraph (c)(4) to read as follows:


Sec.  74.870  Wireless video assist devices.

* * * * *
    (c) * * *
    (4) * * *

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                                                                           Excluded        Excluded channels
               Area                 North  latitude    West  longitude    frequencies --------------------------
                                                                             (MHz)       200      128     52 km
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                                                  * * * * * * *
New York/NE New Jersey...........  40[deg]45'        73[deg]59'37.5''         470-476       14  .......  .......
                                                                              476-482       15  .......
                                                                              482-488       16  .......
                                                                              488-494  .......       17
                                                                              494-500  .......       18
                                                                              500-506       19  .......
                                                                              506-512  .......       20

                                                  * * * * * * *
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[FR Doc. 03-30749 Filed 12-11-03; 8:45 am]

BILLING CODE 6712-01-P