Protection of Radio Astronomy Operation on TV Channel 37

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 95-17; FCC 95-35]

Protection of Radio Astronomy Operation on TV Channel 37

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission proposes to amend its broadcast station rules

to protect radio astronomy activity on TV Channel 37. This action is

necessary to ensure the most efficacious use of extremely sensitive,

state-of-the-art radio astronomy equipment. The intended effect is to

maximally enhance radio astronomy observations without imposing a

significant burden on television broadcasters.

DATES: Comments must be filed by March 31, 1995. Reply comments must be

filed by April 21, 1995.

ADDRESSES: Federal Communication Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

James E. McNally, Jr. or Gordon W. Godfrey, Mass Media Bureau,

Engineering Policy Branch, (202) 418-2190

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's

Notice of Proposed Rule Making in MM Docket No. 95-17 adopted January

27, 1995, and released on February 21, 1995. The complete text of this

Notice of Proposed Rule Making is available for inspection and copying

during normal business hours in the FCC Reference Center, Room 239),

1919 M Street NW., Washington, DC, and may be purchased from the

Commission's copy contractor, International Transcription Service,

Inc., (202) 857-3800, 2100 M Street NW., Suite 140, Washington, D.C.

20037.

Synopsis of Notice of Proposed Rulemaking

Introduction

1. The Commission proposes a number of actions designed to protect

radio astronomy operations on Channel 37 of the UHF television

broadcasting band. Specifically, it proposes to amend Parts 73 and 74

of our rules to include the geographical coordinates of thirteen radio

astronomy sites where TV Channel 37 frequencies (608-614 megahertz) are

used for radio astronomy observations. The sites are at the following

locations:

[[Page 10342]]

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Location N. latitude W. longitude

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Kitt Peak, AZ....................... 31 deg.57'23'' 111 deg.36'45''

Owens Valley, CA.................... 37 deg.13'54'' 118 deg.16'34''

Mauna Kea, HI....................... 19 deg.48'16'' 155 deg.27'29''

North Liberty, IA................... 41 deg.46'17'' 91 deg.34'27''

Hancock, NH......................... 42 deg.56'01'' 71 deg.59'12''

Los Alamos, NM...................... 35 deg.46'31'' 106 deg.14'44''

Pie Town, NM........................ 34 deg.18'04'' 108 deg.07'09''

Socorro, NM......................... 34 deg.03'43'' 107 deg.37'04''

Arecibo, PR......................... 18 deg.20'46'' 66 deg.45'11''

Fort Davis, TX...................... 30 deg.38'06'' 103 deg.56'41''

Saint Croix, VI..................... 17 deg.45'31'' 64 deg.35'03''

Brewster, WA........................ 48 deg.07'52'' 119 deg.41'00''

Green Bank, WV...................... 38 deg.25'59'' 79 deg.25'59''

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The Commission also proposes a means by which such sites may be

protected from interference by television stations operating on

Channels 36 and 38. Further proposed is that the one currently

authorized TV station which does not provide the proposed protection

would be allowed to continue operating with its authorized facilities,

but would not be allowed to increase its field strength in the

direction of the affected radio astronomy site. Finally, the Commission

proposes to delete one vacant TV allotment that is located near one of

the radio astronomy sites.

Background

2. The Commission has reserved TV Channel 37 exclusively for radio

astronomy service. Footnote US74 in Section 2.106 of the Commission's

Rules states in part that ``the radio astronomy service shall be

protected from extraband radiation only to the extent that such

radiation exceeds the levels which would be present if the offending

station were operating in compliance with the technical standards or

criteria applicable to the service in which it operates.'' Thus, a

radio astronomy site is afforded any limited and uncertain protection

by the rules. The Commission's rules do not identify the locations of

radio astronomy operations using Channel 37, which prevents TV station

applicants from considering these operations as they design their

proposed TV facilities. As a result, the Commission could properly but

inadvertently authorize TV facilities at locations closer to radio

astronomy observation sites than may be desirable.

3. To prevent such actions in the future, the National Academy of

Sciences' Committee on Radio Frequencies (CORF) petitioned the

Commission to amend the rules to include the locations of thirteen

radio astronomy sites that currently or will make use of Channel 37, to

adopt an 87.7 kilometer (54.5 mile) separation requirement applicable

to adjacent channel television stations and to delete Channel 38 at

Hilo, Hawaii, from the TV Table of Allotments.

Discussion

4. The Commission believes that CORF's proposal merits

consideration and wishes to examine whether some additional protection

can be afforded to radio astronomy sites without significant adverse

impact on broadcast services. The Commission recognizes that the

sensitivity of radio astronomy equipment today is undoubtedly much

greater than it was in 1963. Also, the identified radio astronomy

locations are mostly in rural areas. Comment is sought on whether TV

spectrum is scarce is any of these areas, either for the existing TV

service or considering the new advanced TV service that the Commission

is proposing in MM Docket No. 87-268.

5. The Commission also requests comments on an alternative approach

which is functionally equivalent to the one advocated by CORF but which

is more flexible than a fixed distance separation requirement and thus

less burdensome to broadcasters. The Commission proposes to set a limit

on the field strength that a TV station on Channel 36 or 38 could

produce at the coordinates of radio astronomy sites designated by CORF.

Basing the proposed protection on field strength will permit stations

to be located closer to the radio astronomy sites than the fixed

distance separation would allow, if the signal radiated toward the

radio astronomy site is suppressed by an appropriate amount.

6. A maximum facility UHF-TV station would deliver a field strength

of approximately 72 dBu at 87.7 kilometers. However, the Commission

believes that CORF may not have intended to imply that a 72 dBU field

strength restriction would provide adequate protection. A lower field

strength value is more consistent with the power and antenna height at

which UHF-TV stations typically operate. Rather than using maximum

allowable facilities, a more typical UHF station has an effective

radiated power (ERP) between 1 and 5 MW and an antenna height above

average terrain (HAAT) in the vicinity of 350 meters (1150 feet). These

facilities produce a field strength of 57 to 64 dBu at 87.7 kilometers

(km). Thus, the Commission proposes to use 64 dBu as the limit on the

field strength that a Channel 36 or 38 TV station is permitted to

produce at a radio astronomy site.

7. The Commission proposes to apply the same field strength limit

to low power TV stations, TV translators and TV boosters. Since such

stations operate with significantly smaller facilities than full

service UHF-TV stations, the proposed approach would permit them much

greater flexibility in terms of location, while providing the radio

astronomy sites a level of protection equal to that provided by the

more powerful full service stations. Compliance with the field strength

restriction would be determined using the standard prediction methods

and the Commission's F(50, 50) propagation curves. Comments should

address whether 72 dBu, 64 dBu or some other field strength value

provides adequate protection for the Channel 37 radio astronomy

operations and whether these values impose a significant burden on TV

use of these two channels. Parties that favor a fixed separation

distance as proposed by CORF should identify the distance they believe

is correct and support their choice.

8. A review of Commission records indicates that only one full

service TV station currently operates with facilities that produce a

predicted field strength in excess of 64 dBu at any of the identified

radio astronomy sites. WJWN-TV, Channel 38, San Sebastian, PR, is

licensed at an ERP of 85.1 kW and HAAT of 332 meters (m). At 90 degrees

True, which is toward the Arecibo radio astronomy site, the WJWN-TV

facilities are 85.1 kW at 232 m. With the distance between sites of

45.1 km, the predicted field strength at the radio astronomy facility

is 67 dBu. While no other station currently authorized on Channels 36

or 38 would exceed the proposed field strength of 64 dBu, there are

three other full service stations that would be precluded from

increasing to the maximum normally permitted facilities by adoption of

the proposed protection standard. They are KQCT (TV) on Channel 36 in

Davenport, Iowa, WSBK-TV on Channel 38 in Boston, Massachusetts and

WDWL (TV) on Channel 36 in Bayamon, Puerto Rico.

9. In light of the preceding discussion, the Commission believes

that a general grandfathering provision, covering any existing or

proposed facilities, is unnecessary. The WJWN-TV situation discussed

above would be considered as a waiver of the proposed rule. WJWN-TV

would not be permitted to modify its facilities in such a way as to

increase its predicted field strength at the Arecibo radio astronomy

site. All other existing [[Page 10343]] and future stations would be

required to comply with the proposed 64 dBu limit when planning future

facilities.

10. Comment also is requested on whether applicants for new

facilities (or those proposing to modify existing facilities) on

Channel 36 or Channel 38 that would be within 87.7 kilometers (55

miles) of a listed radio astronomy site should be required to notify

CORF (or some other appropriate radio astronomy representative)

concerning their proposed facilities. The proposed rules, coupled with

the Commission's application processing procedures, are probably

sufficient to ensure protection to radio astronomy facilities. However,

comment is sought on whether notification procedures similar to those

contained in Section 73.1030 would serve any useful purpose. Moreover,

if such notification is considered expedient, comment is sought on the

most appropriate entity to notify. While the proposed rules do not

contain a notification requirement, the Commission may adopt such a

requirement if the comments indicate that a significant benefit may be

afforded by such notification.

11. Finally, with respect to the allotment aspects of CORF's

petition, the Commission proposes to delete the Channel 38 allotment

currently specified for Hilo, Hawaii. This proposal appears to have

only a very minimal impact on the TV broadcast service because both

channels 20 and 26 would remain available as vacant non-reserved

channel allotments in Hilo. Further, the Commission proposes to require

that petitions for rulemaking proposing Channel 36 or 38 allotments

which would be located within 87.7 kilometers (55 miles) of a radio

astronomy site, must demonstrate compliance with the radio astronomy

facility protection criteria adopted as a result of this proceeding.

Administrative Matters

Ex Parte Rules--Non-Restricted Proceeding

12. This is a non-restricted notice and comment rulemaking

proceeding. Ex parte presentations are permitted, except during the

Sunshine Agenda period, provided they are disclosed as provided in

Commission rules. See generally 47 C.F.R. Secs. 1.1202, 1.1203 and

1.1206(a).

Comment Information

13. Pursuant to applicable procedures set forth in Secs. 1.415 and

1.419 of the Commission's Rules, 47 C.F.R. Secs. 1.415 and 1.419,

interested parties may file comments on or before March 31, 1995 and

reply comments on or before April 21, 1995. To file formally in this

proceeding, you must file an original plus four copies of all comments,

reply comments, and supporting comments. If you want each Commissioner

to receive a personal copy of your comments, you must file an original

plus nine copies. You should send comments and reply comments to Office

of the Secretary, Federal Communications Commission, Washington, D.C.

20554. Comments and reply comments will be available for public

inspection during regular business hours in the FCC Reference Center

(Room 239), 1919 M Street, N.W., Washington, D.C. 20554.

Regulatory Flexibility Act

14. As required by Sec. 603 of the Regulatory Flexibility Act, the

Commission has prepared the following Initial Regulatory Flexibility

Analysis (IRFA) of the expected impact on small entities of the

proposals suggested in this document. Written public comments are

requested on the IRFA. These comments must be filed in accordance with

the same filing deadlines as comments on the rest of the Notice, but

they must have a separate and distinct heading designating them as

responses to the Initial Regulatory Flexibility Analysis. The Secretary

shall send a copy of this Notice of Proposed Rule Making, including the

IRFA, to the Chief Counsel for Advocacy of the Small Business

Administration in accordance with paragraph 603(a) of the Regulatory

Flexibility Act (Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601 et seq.

(1981)).

Reason for Action

Footnote US74 to the Table of Frequency Allocations contained in

Section 2.106 of the Commission's rules specifies that radio astronomy

facilities using the spectrum 608 to 614 MHz (TV Channel 37) are to

``be protected from extraband radiation only to the extent that such

radiation exceeds the level which would be present if the offending

station were operating in compliance with the technical standards or

criteria applicable to the service in which it operates.'' This

language is not sufficiently clear to precisely establish the

protection that radio astronomy facilities should be afforded. Also,

because the locations of radio astronomy facilities were not known to

broadcast applicants, the Commission has authorized construction of

full service and low power television stations in close proximity to

radio astronomy facilities, thereby potentially causing interference.

Objectives

This action is intended to eliminate the possibility of future

authorization of facilities in excessive proximity to radio astronomy

operations. The Commission proposes to amend its rules to specify the

latitude and longitude of thirteen radio astronomy sites and to impose

a simple field strength restriction that would apply to stations

authorized on adjacent channels (i.e., Channels 36 and 38). This would

effectively preclude interference to radio astronomy facilities.

Legal Basis

Authority for the actions proposed in this Notice may be found in

Sections 4 and 303 of the Communications Act of 1934, as amended, 47

U.S.C. Secs. 154 and 303.

Reporting, Recordkeeping, and Other Compliance Requirements

None.

Federal Rules which Overlap, Duplicate, or Conflict With the Proposed

Rule

None.

Description, Potential Impact and Number of Small Entities Involved

Because radio astronomy installations are located in rural areas,

the number of station applications which may be affected by the field

strength requirement should be very small, perhaps averaging less than

one per year. In such cases, the applicant would need to design the

facilities to limit the field strength produced at the radio astronomy

site or possibly select another site. But because the protection

requirement would be known in advance, there would be no relocation

cost. There would be no impact on current broadcast licensees.

Any Significant Alternatives Minimizing the Impact on Small Entities

and Consistent With the Stated Objectives

There are none apparent.

List of Subjects in 47 CFR Part 73

Television broadcasting.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95-4556 Filed 2-23-95; 8:45 am]

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