Arecibo Coordination Zone

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 5, 21, 22, 23, 24, 25, 26, 27, 73, 74, 78, 80, 87, 90,

95, 97, and 101

[ET Docket No. 96-2; FCC 97-347]

Arecibo Coordination Zone

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This Report and Order establishes a Coordination Zone that

covers the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra

within the Commonwealth of Puerto Rico (the Puerto Rican Islands). The

Coordination Zone requires applicants for new and modified radio

facilities in various communications services within the Coordination

Zone to provide notification of their proposed operations to the

Arecibo Radio Astronomy Observatory (Observatory) near Arecibo,

[[Page 55526]]

Puerto Rico, and operated by Cornell University (Cornell), at the time

their applications are submitted to the Commission. The Coordination

Zone and notification procedures will enable the Observatory to receive

information needed to assess whether an applicant's proposed operations

will cause harmful interference to the Observatory's operations and

will promote efficient resolution of problems through coordination

between applicants and the Observatory.

EFFECTIVE DATE: December 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 Report

and Order, ET Docket 96-2, FCC 97-347, adopted September 26, 1997, and

released October 15, 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, N.W., Washington,

D.C., and also may be purchased from the Commission's duplication

contractor, International Transcription Service, (202) 857-3800, 1231

20th Street, N.W. Washington, D.C. 20036.

The establishment of the Coordination Zone was proposed in the

Notice of Proposed Rule Making, 61 FR 10709, March 15, 1996.

Summary of the Report and Order

1. By this action, the Commission establishes a Coordination Zone

that covers the Puerto Rican Islands. The Coordination Zone requires

applicants for new and modified radio facilities in various

communications services within the Coordination Zone to provide

notification of their proposed operations to the Observatory at the

time their applications are submitted to the Commission. The

Observatory will have 20 days to file comments with the Commission

regarding each application's potential for interference, and applicants

will be responsible for making reasonable efforts to accommodate the

interference concerns of the Observatory. The Coordination Zone and

notification procedures will enable the Observatory to receive

information needed to assess whether an applicant's proposed operations

will cause harmful interference to the Observatory's operations and

will promote efficient resolution of problems through coordination

between applicants and the Observatory.

2. The Commission believes that the Observatory is a unique

scientific tool, and finds that harmful interference to the

Observatory's operations is a serious concern. We also agree with

comments from Puerto Rican telecommunications service providers that

their services are highly important and must be maintained. However, we

note that we have a statutory obligation to prevent and resolve radio

frequency interference through enforcement and effective spectrum

management policies. Whenever possible, we attempt to streamline our

processes and reduce the burden on licensees and license applicants,

but in some instances a minimally increased burden must be imposed to

allow the public the widest range of telecommunications benefits.

3. We agree with Cornell that sources of technical information

currently available to the Observatory are insufficient. Further, the

provision of technical information to the Observatory would be a

minimal burden and could be done electronically at little or no cost to

the applicant. We also agree with Cornell that the four-mile

Commonwealth of Puerto Rico Protection Zone is inadequate to protect

the Observatory's operations. Four miles is a relatively short range

for many radio transmitters, and high power transmitters at a high

elevation can interfere with the Observatory from a much greater

distance. For similar reasons, we believe that a smaller Coordination

Zone not encompassing the entirety of the Puerto Rican Islands would

provide insufficient protection to the Observatory.

4. We disagree with comments from telecommunications providers who

argue that the Coordination Zone will deprive the citizens of Puerto

Rico of adequate radio service. We believe that if service providers

and the Observatory work together, adequate service can be maintained

without harming the operations of the Observatory. We also observe that

adoption of a Coordination Zone would neither allocate additional

spectrum for Radio Astronomy Service (RAS) use, nor provide the

Observatory additional rights to spectrum allocated to other services.

For that reason, we disagree with arguments that state that money

expended by service providers to use frequencies in the Puerto Rican

Islands is relevant to establishment of a Coordination Zone. Further,

we disagree with comments that state that allowing the Observatory to

challenge a license application would result in an illegal delegation

of the Commission's authority to the Observatory to determine whether

an application will be granted. We emphasize that while the Observatory

may challenge an application, only the Commission can make the decision

regarding the grant of that application.

5. Therefore, we are establishing a Coordination Zone that covers

the Puerto Rican Islands. Within the Coordination Zone, applicants in

affected services will be required to submit to the Observatory

technical information about the proposed transmissions no later than

the date the application is filed with the Commission. The technical

submission must include: (1) proposed frequency and FCC Rule Part; (2)

effective radiated power or effective isotropic radiated power; (3)

antenna height; (4) antenna directivity and gain, if any; (5)

geographic coordinates of the antenna (NAD-83 datum); and (6) type of

emission; and (7) whether the proposed use is itinerant. To minimize

the administrative burden on service applicants, we will permit this

notification to be made either in writing or electronically. We believe

that either notification method will help safeguard the Observatory's

operations without diminishing the provision of important radio

services to Puerto Rican citizens.

6. As stated in the NPRM, the sensitivity of the Observatory and

the many types of services that could cause interference necessitates

that we include in the Coordination Zone most services that operate on

frequencies below 15 GHz. While we see no need to include frequencies

above 15 GHz, which are not currently used or requested by the

Observatory, harmonic and spurious emissions from different services

are often spread across a wide range of spectrum below 15 GHz.

Additionally, scientific exploration requires flexibility and the

ability to passively utilize spectrum below 15 GHz that may not be

allocated to the RAS.

7. With respect to Special Temporary Authorizations (STAs), we note

that they are used in several services for a variety of purposes, and

that some of these uses could cause substantial interference to the

operations of the Observatory. We also find that it will be minimally

burdensome in most instances for an STA applicant to provide technical

information to the Observatory at the same time it files the STA

request with the Commission. In the case of an emergency operation, the

licensee will be permitted to notify the Observatory as soon as

possible after beginning operation.

8. With respect to amateur radio operations, we are adopting our

proposal to exclude from the Coordination Zone a large number of

amateur stations. However, we agree with Cornell that new amateur

beacon and repeater stations within 10 miles of

[[Page 55527]]

the Observatory have a significant potential for interference--a

greater potential than Civil Air Patrol repeaters or the Military

Amateur Radio System service--and find that those amateur operations

must be included in the Coordination Zone.

9. Accordingly, we are adopting our proposal that most applicants

for part 5, 21, 22, 23, 24, 25, 26, 27, 73, 74, 78, 80, 87, 90, 95, 97,

and 101 services within the Coordination Zone must notify the

Observatory of their proposed operations. This requirement will not

apply to applicants for services that operate on frequencies above 15

GHz, nor will it apply to applicants for mobile stations in land mobile

radio services, temporary base or temporary fixed stations (other than

short-term broadcast auxiliary operations), the Civil Air Patrol, new

amateur stations (other than amateur beacon and repeater stations

within 10 miles of the Observatory), mobile Earth terminals licensed

under part 25, or stations aboard ships or aircraft. We emphasize again

that we are not providing the Observatory additional rights to spectrum

allocated to services, but that the high potential for interference

from multiple services requires an inclusive Coordination Zone.

10. We acknowledge Cornell's concern that our proposed 20-day

Observatory comment period is brief; however, we note that this same

comment period is provided to the National Radio Astronomy Observatory

(NRAO) and appears to have worked satisfactorily. Accordingly, we are

adopting our proposal to permit the Observatory a 20-day comment

period, commencing when the application is filed with us.

11. The Coordination Zone encompasses a large number of services,

operating at differing powers and frequencies. Additionally, factors

such as terrain and propagation characteristics further complicate

interference evaluations. Therefore, we find that it would be extremely

time-consuming and difficult for the Commission to establish

interference standards that would apply to all service applicants.

However, we concur with comments that state that interference

guidelines could lessen coordination problems, and Cornell has proposed

to develop such guidelines. While we are cognizant of the concerns of

service providers regarding Cornell's objectivity in developing these

guidelines, we believe that Cornell will have an incentive to cooperate

with service providers. If Cornell develops unrealistically stringent

guidelines, service providers would undoubtedly challenge them,

resulting in a large administrative burden on Cornell. Further, under a

guideline approach, the Commission would remain the sole entity that

has the authority to rule on any service applications.

12. Accordingly, we are not establishing Commission interference

standards, but are requiring that Cornell provide interference

guidelines to service applicants so that applicants may consider

protection to the Observatory in the early design phase of radio

facilities. Cornell has stated that such guidelines can be made

available to applicants in advance of application preparation. We

believe that these guidelines will help ensure that coordination

between applicants and the Observatory will proceed in a smooth manner,

and as experience is gained by both applicants and Cornell, become

routine.

13. The Commission also proposed requiring applicants to be

responsible for making ``reasonable efforts'' to accommodate the

interference concerns of the Observatory. We find that ``reasonable

efforts'' will vary from case to case, depending on the degree of harm

to the Observatory's operations and the extent of the change needed to

prevent such harm. For example, if significant harm to the

Observatory's operations could be avoided by a service applicant making

a minor, low-cost change to its operations, making that change would be

reasonable. On the other hand, if minor harm to the Observatory's

operations could be avoided only by a service applicant making a major,

high-cost change to its operations, making that change would be

unreasonable. Nonetheless, to attempt to set forth a general definition

of the term ``reasonable efforts'' would be extremely difficult, if not

impossible. We find that use of this term in our rules without

definition would not validate the Administrative Procedure Act.

Further, we are encouraged that the Observatory has in the past

successfully coordinated informally with many providers of Puerto Rican

Island radio services, and believe that there is some understanding

among service providers of what constitutes a ``reasonable effort.'' We

anticipate that future coordination will simply be on a more formal

basis, and that the Observatory and service providers will come to

mutually acceptable agreements in most cases.

14. To the extent that a service applicant and the Observatory

agree that the applicant's proposed operations would cause harmful

interference to the Observatory, the applicant may either pay to modify

its own proposed operations or--with the consent of the Observatory--to

upgrade the Observatory's facilities. Should a dispute arise between

the Observatory and the applicant regarding whether the applicant has

made a reasonable effort to avoid interference to the Observatory, the

applicant may refuse to pay for any modifications or upgrades

recommended by the Observatory and permit the Commission to resolve the

dispute. To the extent that the Commission determines that reasonable

efforts have been made by the applicant to protect the Observatory from

interference, there will be no further obligation for the applicant to

modify its proposed operations or to upgrade the Observatory's

facilities. Consequently, if under those circumstances the Observatory

believes that the applicant's proposed operations must be modified or

its own facilities upgraded to protect the Observatory from

interference, the Observatory will be required to pay for any such

modification or upgrade.

15. We find that all modifications that have a potential to

increase interference to the Observatory must be coordinated with the

Observatory. However, we will rely on the engineering judgment of the

service applicant to determine when a minor modification has the

potential for increased interference. We believe this approach is

preferable to requiring that all minor modifications be reported to the

Observatory, because the latter approach could significantly increase

the administrative burden on both the applicant and Cornell.

16. We have been streamlining our applications process for several

commercial wireless radio services to reduce unnecessary paperwork and

increase efficiency. For example, with respect to paging towers,

cellular base stations, and PCS base stations, no individual station

licenses are issued--rather, geographical licenses are issued to cover

an entire area. Some commercial wireless entities argue that the

Coordination Zone should not apply to these services, except to the

extent that the Commission must be notified of their operations.

17. Although the Commission is streamlining the application process

for commercial wireless services, we find no reason why transmitters in

services in which individual licenses are not issued should not have to

comply with the requirements of the Coordination Zone. Further, we note

that operators in these services must comply with the notification

requirements of the Radio Quiet Zone when new transmitters are

introduced, and believe it will be minimally burdensome for them to

notify the Observatory.

[[Page 55528]]

18. Accordingly, operators of transmitters in services in which no

individual licenses are issued will be required to notify the

Observatory at least 45 days prior to commencing operations of a new

transmitter that may cause harmful interference to the operations of

the Observatory. We will rely upon each operator to determine when a

transmitter may pose an interference threat to the operations of the

Observatory. As is the case with other services within the Coordination

Zone, the Observatory will have 20 days to file comments with the

Commission regarding any such transmitter.

19. We will permit part 90 service applicants to make their

notifications to the Observatory through recognized frequency

coordinators, while holding applicants responsible for making

reasonable efforts to accommodate the interference concerns of the

Observatory. We find that advance coordination with several parties,

including the Observatory, is sufficient in cases in which no changes

that could affect the operations of the Observatory are made to the

application subsequent to such coordination. However, to the extent

that such changes are made, the Observatory must be notified at the

time the application is filed with the Commission. Our goal is to

permit flexibility in coordination, while ensuring that the Observatory

has adequate notice of applications that could affect its operations.

20. It is ordered, that parts 5, 21, 22, 23, 24, 25, 26, 27, 73,

74, 78, 80, 87, 90, 95, 97, and 101 are AMENDED. This action is

authorized by Sections 4(i), 303(c), 303(f), 303(g), 303(r) and

309(j)(13) of the Communications Act of 1934, as amended, 47 U.S.C.

Section 154(i), 303(c), 303(f), 303(g), 303(r), and 309(j)(13).

Final Regulatory Flexibility Analysis

21. As required by Section 603 of the Regulatory Flexibility Act, 5

U.S.C. 603 (``RFA''), an Initial Regulatory Flexibility Analysis

(``IRFA'') was incorporated into the NPRM in ET Docket No. 92-

6.1 The Commission sought written public comments on the

proposals in the NPRM, including the IRFA. The Commission's Final

Regulatory Flexibility Analysis (``FRFA'') in this Report and Order

conforms to the RFA, as amended by the Contract With America

Advancement Act of 1996 (CWAAA), Public Law 104-121, 110 Stat. 847

(1996).2

---------------------------------------------------------------------------

\1\ 11 FCC Rcd 1716 (1996).

\2\ Subtitle II of the CWAAA is ``The Small Business Regulatory

Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C.

601 et seq.

---------------------------------------------------------------------------

Need for and Objective of the Rules

22. In this decision, the Commission establishes a Coordination

Zone that covers the islands of Puerto Rico, Desecheo, Mona, Vieques,

and Culebra within the Commonwealth of Puerto Rico (the Puerto Rican

Islands). The Arecibo Observatory is the largest and most sensitive

radio astronomy facility in the world and the increasing number of

communications services on Puerto Rico has cause increased interference

problems for the Observatory. The Coordination Zone is needed to inform

the Arecibo Observatory of future stations that may have a potential to

interfere with the Observatory's operations and to encourage applicants

for radio services to coordinate their operations with the Observatory

to prevent interference problems.

Summary of Issues Raised by the Public Comments in Response to the IRFA

23. No comments were filed in direct response to the IRFA. In

general comments to the NPRM, however, some parties raised concerns

that establishment of a Coordination Zone might burden Commission

licensees and license applicants, including some entities that may be

small businesses. Specifically, some parties that would be affected by

the Coordination Zone argue that it is an unnecessary burden that would

delay the provision of communications services and increase the costs

of establishing an operation with limited benefit to the Observatory.

Some comments argue that this action would give the Observatory

additional rights to spectrum not allocated to the Radio Astronomy

Service and would delegate authority to the Observatory to determine

whether a proposed station would cause interference and whether the

application should be granted. However, the Commission has determined

that providing the Observatory information regarding proposed

facilities would be a minimal burden, and that the public benefit in

protecting the Observatory's operations from harmful interference

justifies any minimal burden that may be created. Further, an applicant

may refuse to make modifications that it believes are unreasonable and

permit the Commission to determine whether such modifications are

necessary. If the Commission determines that an applicant has made a

reasonable effort to address the interference concerns of the

Observatory, the application may be granted even if the resultant

operations cause interference to the Observatory.

Description and Estimate of Small Entities Subject to Which Rules Will

Apply

24. The rules adopted in the Report and Order will apply to

applicants for part 5, 21, 22, 23, 24, 25, 26, 27, 73, 74, 78, 80, 87,

90, 94, 95 and 97 services within the Coordination Zone, with the

following exceptions: The rules will apply only to applicants for

services that operate on frequencies under 15 GHz, and will not apply

to applicants for mobile stations in land mobile radio services,

temporary base or temporary fixed stations (other than short-term

broadcast auxiliary operations), the Civil Air Patrol, new amateur

stations (other than amateur beacon and repeater stations within 10

miles of the Observatory), mobile Earth terminals licensed under Part

25, or stations aboard ships or aircraft. The Commission has not

developed a definition of small entities applicable to the services

affected by this Report and Order. Therefore, the applicable definition

of small entity is the one under the Small Business Administration

(SBA) rules applicable to Communications Services, Not Elsewhere

Classified. This definition provides that a small entity is expressed

as one with $11.0 million or less in annual receipts.3 We

acknowledge the likelihood that under this definition the great

majority of entities affected by the Report and Order are small

entities; however, the number of such entities cannot be accurately

estimated.

---------------------------------------------------------------------------

\3\ 13 CFR Sec. 121.201, Standard Industrial Classification

(SIC) Code 4899.

---------------------------------------------------------------------------

Projected Reporting, Recordkeeping and Other Compliance Requirements of

the Rules

25. The Coordination Zone will require applicants for new and

modified radio facilities in various communications services within the

affected areas to provide notification of their proposed operations to

the Observatory, at the time their applications are submitted to the

Commission. The Coordination Zone will facilitate advanced coordination

between the Observatory and applicants for new services so that

applicants can consider the protection of the Observatory when

designing their system. Service applicants will be responsible for

making reasonable efforts to accommodate the interference concerns of

the Observatory and the Observatory will be permitted to file comments

regarding an application up to 20 days after the application is filed

with the Commission.

[[Page 55529]]

26. The Coordination Zone encompasses a large number of services,

operating at differing powers and frequencies. Additionally, factors

such as terrain and propagation characteristics further complicate

interference evaluations. Therefore, we find that it would be extremely

time-consuming and difficult for the Commission to establish

interference standards that would apply to all service applicants.

However, we concur with comments that state that interference

guidelines could lessen coordination problems, and Cornell has proposed

to develop such guidelines. While we are cognizant of the concerns of

service providers regarding Cornell's objectivity in developing these

guidelines, we believe that Cornell will have an incentive to cooperate

with service providers. If Cornell develops unrealistically stringent

guidelines, service providers would undoubtedly challenge them,

resulting in a large administrative burden on Cornell. Further, under a

guideline approach, the Commission would remain the sole entity that

has the authority to delay any service applications, if we find that an

applicant has not made reasonable efforts to avoid interference to the

Observatory.

27. We are not establishing Commission interference standards, but

are adopting SBE's alternative proposal that Cornell provide

interference guidelines to service applicants so that applicants may

consider protection to the Observatory in the early design phase of

radio facilities. Cornell has stated that such guidelines can be made

available to applicants in advance of application preparation. We

believe that these guidelines will help ensure that coordination

between applicants and the Observatory will proceed in a smooth manner,

and as experience is gained by both applicants and Cornell, become

routine.

Steps Taken to Minimize Significant Economic Impact on Small Entities

Consistent with Stated Objectives

28. To the extent that a service applicant and the Observatory

agree that the applicant's proposed operations would cause harmful

interference to the Observatory, the applicant may either pay to modify

its own proposed operations or--with the consent of the Observatory--to

upgrade the Observatory's facilities. Should a dispute arise between

the Observatory and the applicant regarding whether the applicant has

made a reasonable effort to avoid interference to the Observatory, the

applicant may refuse to pay for any modifications or upgrades

recommended by the Observatory and permit the Commission to resolve the

dispute. To the extent that the Commission determines that reasonable

efforts have been made by the applicant to protect the Observatory from

interference, there will be no further obligation for the applicant to

modify its proposed operations or to upgrade the Observatory's

facilities. Consequently, if under those circumstances the Observatory

believes that the applicant's proposed operations must be modified or

its own facilities upgraded to protect the Observatory from

interference, the Observatory will be required to pay for any such

modification or upgrade.

29. Report to Congress: The Commission shall send a copy of this

Final Regulatory Flexibility Analysis, along with this Report and

Order, in a report to Congress pursuant to the Small Business

Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.

Sec. 801(a)(1)(A).

List of Subjects

47 CFR Part 5

Radio.

47 CFR Part 21

Communications common carriers, Radio.

47 CFR Part 22

Communications common carriers, Radio.

47 CFR Part 23

Communications common carriers, Radio.

47 CFR Part 24

Personal communications services, Radio.

47 CFR Part 25

Communications common carriers, Radio.

47 CFR Part 26

General wireless communications service, Radio.

47 CFR Part 27

Wireless communications service, Radio.

47 CFR Part 73

Radio broadcasting, Television broadcasting.

47 CFR Part 74

Radio broadcasting, Television broadcasting.

47 CFR Part 78

Cable television, Radio.

47 CFR Part 80

Marine safety, Radio.

47 CFR Part 87

Defense communications, Radio.

47 CFR Part 90

Land mobile, Radio.

47 CFR Part 95

Radio.

47 CFR Part 97

Civil defense, 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 5, 21, 22, 23,

24, 25, 26, 27, 73, 74, 78, 80, 87, 90, 95, 97, and 101 are amended as

follows:

PART 5--EXPERIMENTAL RADIO SERVICES (OTHER THAN BROADCAST)

1. The authority citation for part 5 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303. Interpret or apply sec. 301, 48 Stat. 1081, as

amended; 47 U.S.C. 301.

2. Section 5.70 is added to read as follows:

Sec. 5.70 Notification to the Arecibo Observatory.

Any applicant for a new permanent base or fixed station to be

located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and

Culebra, or for a modification of an existing authorization which would

change the frequency, power, antenna height, directivity, or location

of a station on these islands and would increase the likelihood of the

authorized facility causing interference, shall notify the Interference

Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico

00613, in writing or electronically, of the technical parameters of the

proposal. Applicants may wish to consult interference guidelines, which

will be provided by Cornell University. Applicants who choose to

transmit information electronically should e-mail to: [email protected]

(a) The notification to the Interference Office, Arecibo

Observatory shall be made prior to, or simultaneously with, the filing

of the application with the Commission. The notification shall state

[[Page 55530]]

the geographical coordinates of the antenna (NAD-83 datum), antenna

height above ground, ground elevation at the antenna, antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. Generally, submission of the information in the technical

portion of the FCC license application is adequate notification. In

addition, the applicant shall indicate in its application to the

Commission the date notification was made to the Arecibo Observatory.

(b) After receipt of such applications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections

in response to the notification indicated. 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,

as appropriate. If the Commission determines that an applicant has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, its application may be granted.

(c) The provisions of this paragraph do not apply to operations

that transmit on frequencies above 15 GHz.

PART 21--DOMESTIC PUBLIC FIXED RADIO SERVICES

1. The authority citation for part 21 continues to read as follows:

Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313,

403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073,

1076, 1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151,

154, 201-205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47

U.S.C. 552, 554.

2. Section 21.113 is amended by revising the section heading and

adding new paragraph (d) to read as follows:

Sec. 21.113 Quiet zones and Arecibo Coordination Zone.

* * * * *

(d) Any applicant for a new permanent base or fixed station to be

located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and

Culebra, or for a modification of an existing authorization which would

change the frequency, power, antenna height, directivity, or location

of a station on these islands and would increase the likelihood of the

authorized facility causing interference, shall notify the Interference

Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico

00613, in writing or electronically, of the technical parameters of the

proposal. Applicants may wish to consult interference guidelines, which

will be provided by Cornell University. Applicants who choose to

transmit information electronically should e-mail to: [email protected]

(1) The notification to the Interference Office, Arecibo

Observatory shall be made prior to, or simultaneously with, the filing

of the application with the Commission. The notification shall state

the geographical coordinates of the antenna (NAD-83 datum), antenna

height above ground, ground elevation at the antenna, antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. Generally, submission of the information in the technical

portion of the FCC license application is adequate notification. In

addition, the applicant shall indicate in its application to the

Commission the date notification was made to the Arecibo Observatory.

(2) After receipt of such applications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections

in response to the notification indicated. 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,

as appropriate. If the Commission determines that an applicant has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, its application may be granted.

(3) The provisions of this paragraph do not apply to operations

that transmit on frequencies above 15 GHz.

PART 22--PUBLIC MOBILE SERVICES

1. The authority citation for part 22 continues to read as follows:

Authority: 47 U.S.C. 154, 303, unless otherwise noted.

2. Section 22.369 is amended by revising the section heading and

adding new paragraph (d) to read as follows:

Sec. 22.369 Quiet zones and Arecibo Coordination Zone.

* * * * *

(d) Arecibo, Puerto Rico. The requirements of this paragraph are

intended to minimize possible interference at the Arecibo Observatory

in Puerto Rico. Licensees must make reasonable efforts to protect the

Observatory from interference.

(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 and Culebra or planning a modification of

an existing authorization on these islands that would increase the

likelihood of the authorized facility causing interference must notify,

at least 20 days in advance, the Interference Office, Arecibo

Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically (e-mail address: [email protected]), 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 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) When an application for authority to operate a station is filed

with the FCC, the notification required in paragraph (d)(1) of this

section should be sent at the same time. The application must state the

date that notification in accordance with paragraph (d)(1) of this

section was made. After receipt of such applications, the FCC will

allow a period of 20 days for comments or objections in response to the

notifications indicated.

(3) If an objection to the planned operation is received during the

20-day period from the Interference Office, the FCC will take whatever

action is deemed appropriate.

PART 23--INTERNATIONAL FIXED PUBLIC RADIOCOMMUNICATION SERVICES

1. The authority citation for part 23 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47

U.S.C. 154, 303. Interpret or apply sec. 301, 48 Stat. 1081; 47

U.S.C. 301.

2. Section 23.20 is amended by adding paragraph (f) to read as

follows:

Sec. 23.20 Assignment of frequencies.

* * * * *

(f) Any applicant for a new permanent base or fixed station to be

located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and

Culebra, or for a modification of an existing authorization which would

change the frequency, power, antenna height, directivity, or location

of a station on these islands and would increase the likelihood of the

authorized facility causing interference, shall notify the

[[Page 55531]]

Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo,

Puerto Rico 00613, in writing or electronically, of the technical

parameters of the proposal. Applicants may wish to consult interference

guidelines, which will be provided by Cornell University. Applicants

who choose to transmit information electronically should e-mail to:

[email protected]

(1) The notification to the Interference Office, Arecibo

Observatory shall be made prior to, or simultaneously with, the filing

of the application with the Commission. The notification shall state

the geographical coordinates of the antenna (NAD-83 datum), antenna

height above ground, ground elevation at the antenna, antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. Generally, submission of the information in the technical

portion of the FCC license application is adequate notification. In

addition, the applicant shall indicate in its application to the

Commission the date notification was made to the Arecibo Observatory.

(2) After receipt of such applications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections

in response to the notification indicated. 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,

as appropriate. If the Commission determines that an applicant has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, its application may be granted.

(3) The provisions of this paragraph do not apply to operations

that transmit on frequencies above 15 GHz.

PART 24--PERSONAL COMMUNICATIONS SERVICES

1. The authority citation for part 24 continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332, unless

otherwise noted.

2. A new Sec. 24.18 is added to read as follows:

Sec. 24.18 Notification to the Arecibo Observatory.

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 and Culebra or planning a modification of an existing

authorization on these islands that would increase the likelihood of

the authorized facility causing interference must notify, at least 20

days in advance of such operation, the Interference Office, Arecibo

Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically (e-mail address: [email protected]), of the

technical parameters of the planned operation. Licensees 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 the geographical coordinates

of the antenna location (NAD-83 datum), the antenna height, antenna

directivity (if any), proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. If an objection to the planned operation is received during

the 20-day period from the Interference Office, the FCC will take

whatever action is deemed appropriate.

PART 25--SATELLITE COMMUNICATIONS

1. The authority citation for part 25 continues to read as follows:

Authority: Secs. 25.101 to 25.601 issued under Sec. 4, 48 Stat.

1066, as amended; 47 U.S.C. 154. Interpret or apply secs. 101-104,

76 Stat. 419-427; 47 U.S.C. 701-744; 47 U.S.C. 554.

2. Section 25.203(i) is added to read as follows:

Sec. 25.203 Choice of sites and frequencies.

* * * * *

(i) Any applicant for a new permanent transmitting fixed earth

station authorization to be located on the islands of Puerto Rico,

Desecheo, Mona, Vieques, and Culebra, or for a modification of an

existing authorization which would change the frequency, power, antenna

height, directivity, or location of such station on these islands and

would increase the likelihood of the authorized facility causing

interference, shall notify the Interference Office, Arecibo

Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically, of the technical parameters of the proposal.

Applicants may wish to consult interference guidelines, which will be

provided by Cornell University. Applicants who choose to transmit

information electronically should e-mail to: [email protected]

(1) The notification to the Interference Office, Arecibo

Observatory shall be made prior to, or simultaneously with, the filing

of the application with the Commission. The notification shall state

the geographical coordinates of the antenna (NAD-83 datum), antenna

height above ground, ground elevation at the antenna, antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. Generally, submission of the information in the technical

portion of the FCC license application is adequate notification. In

addition, the applicant shall indicate in its application to the

Commission the date notification was made to the Arecibo Observatory.

(2) After receipt of such applications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections

in response to the notification indicated. 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,

as appropriate. If the Commission determines that an applicant has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, its application may be granted.

(3) The provisions of this paragraph do not apply to operations

that transmit on frequencies above 15 GHz.

* * * * *

PART 26--GENERAL WIRELESS COMMUNICATIONS SERVICE

1. The authority citation for part 26 continues to read as follows:

Authority: 47 U.S.C. Sections 154, 301, 302, 303, 309, and 332,

unless otherwise noted.

2. A new Sec. 26.105 is added to read as follows:

Sec. 26.105 Notification to the Arecibo Observatory.

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 and Culebra or planning a modification of an existing

authorization on these islands that would increase the likelihood of

the

[[Page 55532]]

authorized facility causing interference must notify, at least 20 days

in advance of such operation, the Interference Office, Arecibo

Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically (e-mail address: [email protected]), of the

technical parameters of the planned operation. Licensees 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 the geographical coordinates

of the antenna location (NAD-83 datum), the antenna height, antenna

directivity (if any), proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. If an objection to the planned 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

1. The authority citation for part 27 continues to read as follows:

Authority: 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, and

332, unless otherwise noted.

2. Section 27.62 is added to read as follows:

Sec. 27.62 Notification to the Arecibo Observatory.

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 and Culebra or planning a modification of an existing

authorization on these islands that would increase the likelihood of

the authorized facility causing interference must notify, at least 20

days in advance of such operation, the Interference Office, Arecibo

Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically (e-mail address: [email protected]), of the

technical parameters of the planned operation. Licensees 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 the geographical coordinates

of the antenna location (NAD-83 datum), the antenna height, antenna

directivity (if any), proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. If an objection to the planned operation is received during

the 20-day period from the Interference Office, the FCC will take

whatever action is deemed appropriate.

PART 73--RADIO BROADCAST SERVICES

1. The authority citation for part 73 continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334.

2. Section 73.1030 is amended by redesignating paragraph (a) as

paragraph (a)(1) and adding new paragraph (a)(2) to read as follows:

Sec. 73.1030 Notifications concerning interference to radio astronomy,

research and receiving installations.

(a) * * *

(2) Any applicant for a new permanent base or fixed station

authorization to be located on the islands of Puerto Rico, Desecheo,

Mona, Vieques, and Culebra, or for a modification of an existing

authorization which would change the frequency, power, antenna height,

directivity, or location of a station on these islands and would

increase the likelihood of the authorized facility causing

interference, shall notify the Interference Office, Arecibo

Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically, of the technical parameters of the proposal.

Applicants may wish to consult interference guidelines, which will be

provided by Cornell University. Applicants who choose to transmit

information electronically should e-mail to: [email protected]

(i) The notification to the Interference Office, Arecibo

Observatory shall be made prior to, or simultaneously with, the filing

of the application with the Commission. The notification shall state

the geographical coordinates of the antenna (NAD-83 datum), antenna

height above ground, ground elevation at the antenna, antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, and effective radiated power. Generally, submission of the

information in the technical portion of the FCC license application is

adequate notification. In addition, the applicant shall indicate in its

application to the Commission the date notification was made to the

Arecibo Observatory.

(ii) After receipt of such applications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections

in response to the notification indicated. 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,

as appropriate. If the Commission determines that an applicant has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, its application may be granted.

* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER

PROGRAM DISTRIBUTIONAL SERVICES

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

Authority: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as

amended; 47 U.S.C. 154, 303, 554.

2. A new Sec. 74.24(j) is added to read as follows:

Sec. 74.24 Short-term operation.

* * * * *

(j)(1) This paragraph applies only to operations which will

transmit on frequencies under 15 GHz. Prior to commencing short-term

operation of a remote pickup broadcast station, a remote pickup

automatic relay station, an aural broadcast STL station, an aural

broadcast intercity relay station, a TV STL station, a TV intercity

relay station, a TV translator relay station, a TV pickup station, or a

TV microwave booster station within the 4-mile (6.4 kilometer) radius

Commonwealth of Puerto Rico Protection Zone (centered on NAD-83

Geographical Coordinates North Latitude 18 deg.20'38.28'', West

Longitude 66 deg.45'09.42''), an applicant must notify the Arecibo

Observatory, located near Arecibo, Puerto Rico. Operations within the

Puerto Rico Coordination Zone (i.e., on the islands of Puerto Rico,

Desecheo, Mona, Vieques, or Culebra), but outside the Protection Zone,

whether short term or long term, shall provide notification to the

Arecibo Observatory prior to commencing operation. Notification should

be directed to the following: Interference Office, Arecibo Observatory,

Post Office Box 995, Arecibo, Puerto Rico 00613, Tel. (809) 878-2612,

Fax (809) 878-1861, E-mail [email protected].

(2) Notification of short-term operations may be provided by

telephone, fax, or electronic mail. The notification for long-term

operations shall be written or electronic, and shall

[[Page 55533]]

set forth the technical parameters of the proposed station, including

the geographical coordinates of the antenna (NAD-83 datum), antenna

height above ground, ground elevation at the antenna, antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. Applicants may wish to consult interference guidelines,

which will be provided by Cornell University. In addition, the

applicant shall indicate in its application to the Commission the date

notification was made to the Observatory. Generally, submission of the

information in the technical portion of the FCC license application is

adequate notification. After receipt of such applications in non-

emergency situations, the Commission will allow the Arecibo Observatory

a period of 20 days for comments or objections in response to the

notification indicated. 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, as

appropriate. If the Commission determines that an applicant has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, its application may be granted. In

emergency situations in which prior notification or approval is not

practicable, notification or approval must be accomplished as soon as

possible after operations begin.

PART 78--CABLE TELEVISION RELAY SERVICE

1. The authority citation for part 78 continues to read as follows:

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 redesignating paragraph (c) as

paragraph (c)(1) and adding new paragraph (c)(2) to read as follows:

Sec. 78.19 Interference.

* * * * *

(c) * * *

(2) Any applicant for a new permanent base or fixed station

authorization to be located on the islands of Puerto Rico, Desecheo,

Mona, Vieques, and Culebra, or for a modification of an existing

authorization which would change the frequency, power, antenna height,

directivity, or location of a station on these islands and would

increase the likelihood of the authorized facility causing

interference, shall notify the Interference Office, Arecibo

Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically, of the technical parameters of the proposal.

Applicants may wish to consult interference guidelines, which will be

provided by Cornell University. Applicants who choose to transmit

information electronically should e-mail to: [email protected]

(i) The notification to the Interference Office, Arecibo

Observatory shall be made prior to, or simultaneously with, the filing

of the application with the Commission. The notification shall state

the geographical coordinates of the transmit antenna (NAD-83 datum),

antenna height above ground, ground elevation at the antenna, antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, effective isotropic radiated power, and whether the proposed

use is itinerant. Generally, submission of the information in the

technical portion of the FCC license application is adequate

notification. In addition, the applicant shall indicate in its

application to the Commission the date notification was made to the

Arecibo Observatory.

(ii) After receipt of such applications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections

in response to the notification indicated. 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,

as appropriate. If the Commission determines that an applicant has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, its application may be granted.

(iii) The provisions of this paragraph do not apply to operations

that transmit on frequencies above 15 GHz.

* * * * *

PART 80--STATIONS IN THE MARITIME SERVICES

1. The authority citation for part 80 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303, unless otherwise noted. Interpret or apply 48 Stat.

1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609; 3 UST

3450, 3 UST 4726, 12 UST 2377.

2. A new Sec. 80.21(f) is added to read as follows:

Sec. 80.21 Supplemental information required.

* * * * *

(f) Any applicant for a new permanent base or fixed station to be

located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and

Culebra, or for a modification of an existing authorization which would

change the frequency, power, antenna height, directivity, or location

of a station on these islands and would increase the likelihood of the

authorized facility causing interference, shall notify the Interference

Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico

00613, in writing or electronically, of the technical parameters of the

proposal. Applicants may wish to consult interference guidelines, which

will be provided by Cornell University. Applicants who choose to

transmit information electronically should e-mail to: [email protected]

(1) The notification to the Interference Office, Arecibo

Observatory shall be made prior to, or simultaneously with, the filing

of the application with the Commission. The notification shall state

the geographical coordinates of the antenna (NAD-83 datum), antenna

height above ground, ground elevation at the antenna, antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. Generally, submission of the information in the technical

portion of the FCC license application is adequate notification. In

addition, the applicant shall indicate in its application to the

Commission the date notification was made to the Arecibo Observatory.

(2) After receipt of such applications, the Commission will allow a

period of 20 days for comments or objections in response to the

notification indicated. 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, as

appropriate. If the Commission determines that an applicant has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, its application may be granted.

(3) The provisions of this paragraph do not apply to operations

that transmit on frequencies above 15 GHz.

PART 87--AVIATION SERVICES

1. The authority citation for part 87 continues to read as follows:

[[Page 55534]]

Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303,

unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-

1105, as amended; 47 U.S.C. 151-156, 301-609.

2. Section 87.23 is amended by redesignating paragraph (a) as

paragraph(a)(1) and adding new paragraph (a)(2) to read as follows:

Sec. 87.23 Supplemental information required.

(a) * * *

(2) Any applicant for a new permanent base or fixed station to be

located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and

Culebra, or for a modification of an existing authorization which would

change the frequency, power, antenna height, directivity, or location

of a station on these islands and would increase the likelihood of the

authorized facility causing interference, shall notify the Interference

Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico

00613, in writing or electronically, of the technical parameters of the

proposal. Applicants may wish to consult interference guidelines, which

will be provided by Cornell University. Applicants who choose to

transmit information electronically should e-mail to: [email protected].

(i) The notification to the Interference Office, Arecibo

Observatory shall be made prior to, or simultaneously with, the filing

of the application with the Commission. The notification shall state

the geographical coordinates of the antenna (NAD-83 datum), antenna

height above ground, ground elevation at the antenna, antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. Generally, submission of the information in the technical

portion of the FCC license application is adequate notification. In

addition, the applicant shall indicate in its application to the

Commission the date notification was made to the Arecibo Observatory.

(ii) After receipt of such applications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections

in response to the notification indicated. 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 Commission determines that an applicant has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, its application may be granted.

(iii) The provisions of this paragraph do not apply to Civil Air

Patrol stations or to operations that transmit on frequencies above 15

GHz.

* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

1. The authority citation for part 90 continues to read as follows:

Authority: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as

amended; 47 U.S.C. 154, 303, and 332, unless otherwise noted.

2. Section 90.129(e) is revised to read as follows:

Sec. 90.129 Supplemental information to be routinely submitted with

applications.

* * * * *

(e) Applicants proposing to construct a radio station in the

vicinity of radio astronomy observatories in West Virginia; on the

islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra; or in the

vicinity of a radio receiving zone in Colorado must submit the

statements prescribed by Sec. 90.177.

* * * * *

3. Section 90.177 is amended by revising the introductory paragraph

and adding new paragraph (f) to read as follows:

Sec. 90.177 Protection of certain radio receiving locations.

This section pertains to applications for new or modified

authorizations in the vicinity of the National Radio Astronomy

Observatory, Green Bank, Pocahontas County, WV; the Naval Radio

Research Observatory, Sugar Grove, Pendleton County, WV; the Arecibo

Observatory, which is part of the National Astronomy and Ionosphere

Center, located near Arecibo, PR; the Table Mountain Radio Receiving

Zone, Boulder County, CO.; the Federal Communications Commission

monitoring stations; and other protected sites.

* * * * *

(f) Any applicant for a new permanent base or fixed station to be

located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and

Culebra, or for a modification of an existing authorization which would

change the frequency, power, antenna height, directivity, or location

of a station on these islands and would increase the likelihood of the

authorized facility causing interference, shall notify the Interference

Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico

00613, in writing or electronically, of the technical parameters of the

proposal. Applicants may wish to consult interference guidelines, which

will be provided by Cornell University. Applicants who choose to

transmit information electronically should e-mail to: [email protected].

(1) The notification to the Interference Office, Arecibo

Observatory shall be made prior to, or simultaneously with, the filing

of the application with the Commission. The notification shall state

the geographical coordinates of the antenna (NAD-83 datum), antenna

height above ground, ground elevation at the antenna, antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. Generally, submission of the information in the technical

portion of the FCC license application is adequate notification. In

addition, the applicant shall indicate in its application to the

Commission the date notification was made to the Arecibo Observatory.

(2) After receipt of such applications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections

in response to the notification indicated. 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 Commission determines that an applicant has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, its application may be granted.

(3) The provisions of this paragraph do not apply to operations

that transmit on frequencies above 15 GHz.

PART 95--PERSONAL RADIO SERVICES

1. The authority citation for part 95 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303.

2. A new Sec. 95.42 is added to read as follows:

Sec. 95.42 Considerations in the Puerto Rico Coordination Zone.

Any applicant for a new base or fixed station authorization to be

located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and

Culebra, or for a modification of an existing authorization which would

change the frequency, power, antenna height, directivity, or location

of a station on these islands and would increase the likelihood of the

authorized facility

[[Page 55535]]

causing interference, shall notify the Interference Office, Arecibo

Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in

writing or electronically, of the technical parameters of the proposal.

Applicants may wish to consult interference guidelines, which will be

provided by Cornell University. Applicants who choose to transmit

information electronically should e-mail to: [email protected].

(a) The notification to the Interference Office, Arecibo

Observatory shall be made prior to, or simultaneously with, the filing

of the application with the Commission. The notification shall state

the geographical coordinates of the antenna (NAD-83 datum), antenna

height above ground, ground elevation at the antenna, antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. Generally, submission of the information in the technical

portion of the FCC license application is adequate notification. In

addition, the applicant shall indicate in its application to the

Commission the date notification was made to the Arecibo Observatory.

(b) After receipt of such applications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections

in response to the notification indicated. 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,

as appropriate. If the Commission determines that an applicant has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, its application may be granted.

(c) The provisions of this paragraph do not apply to operations

that transmit on frequencies above 15 GHz.

3. A new Sec. 95.192(d) is added to read as follows:

Sec. 95.192 (FRS Rule 2) Authorized locations.

* * * * *

(d) Anyone intending to operate an FRS unit on the islands of

Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that

could pose an interference threat to the Arecibo Observatory shall

notify the Interference Office, Arecibo Observatory, Post Office Box

995, Arecibo, Puerto Rico 00613, in writing or electronically, of the

location of the unit. Operators may wish to consult interference

guidelines, which will be provided by Cornell University. Operators who

choose to transmit information electronically should e-mail to:

[email protected].

(1) The notification to the Interference Office, Arecibo

Observatory shall be made 45 days prior to commencing operation of the

unit. The notification shall state the geographical coordinates of the

unit.

(2) After receipt of such notifications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections.

The operator will be required to make reasonable efforts in order to

resolve or mitigate any potential interference problem with the Arecibo

Observatory. If the Commission determines that an operator has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, the unit may be allowed to operate.

4. A new Sec. 95.206(c) is added to read as follows:

Sec. 95.206 (R/C Rule 6) Are there any special restrictions on the

location of my R/C stations?

* * * * *

(c) Anyone intending to operate an R/C station on the islands of

Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that

could pose an interference threat to the Arecibo Observatory shall

notify the Interference Office, Arecibo Observatory, Post Office Box

995, Arecibo, Puerto Rico 00613, in writing or electronically, of the

location of the unit. Operators may wish to consult interference

guidelines, which will be provided by Cornell University. Operators who

choose to transmit information electronically should e-mail to:

[email protected].

(1) The notification to the Interference Office, Arecibo

Observatory shall be made 45 days prior to commencing operation of the

unit. The notification shall state the geographical coordinates of the

unit.

(2) After receipt of such notifications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections.

The operator will be required to make reasonable efforts in order to

resolve or mitigate any potential interference problem with the Arecibo

Observatory. If the Commission determines that an operator has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, the unit may be allowed to operate.

5. A new Section 95.405(d) is added to read as follows:

Sec. 95.405 (CB Rule 5) Where may I operate my CB station?

* * * * *

(d) Anyone intending to operate a CB station on the islands of

Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that

could pose an interference threat to the Arecibo Observatory shall

notify the Interference Office, Arecibo Observatory, Post Office Box

995, Arecibo, Puerto Rico 00613, in writing or electronically, of the

location of the unit. Operators may wish to consult interference

guidelines, which will be provided by Cornell University. Operators who

choose to transmit information electronically should e-mail to:

[email protected].

(1) The notification to the Interference Office, Arecibo

Observatory shall be made 45 days prior to commencing operation of the

unit. The notification shall state the geographical coordinates of the

unit.

(2) After receipt of such notifications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections.

The operator will be required to make reasonable efforts in order to

resolve or mitigate any potential interference problem with the Arecibo

Observatory. If the Commission determines that an operator has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, the unit may be allowed to operate.

6. A new Sec. 95.840 is added to read as follows:

Sec. 95.840 Considerations in the Puerto Rico Coordination Zone.

Any applicant for a new IVDS system authorization to be located on

the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra, or

for a modification of an existing authorization which would change the

frequency, power, antenna height, directivity, or location of a station

on these islands and would increase the likelihood of the authorized

facility causing interference, shall notify the Interference Office,

Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613,

in writing or electronically, of the technical parameters of the

proposal. Applicants may wish to consult interference guidelines, which

will be provided by Cornell University. Applicants who choose to

transmit information electronically should e-mail to: [email protected].

(a) The notification to the Interference Office, Arecibo

Observatory shall be made prior to, or simultaneously with, the filing

of the application with the Commission. The notification shall state

the geographical coordinates of the antenna (NAD-83 datum), antenna

height above ground, ground elevation

[[Page 55536]]

at the antenna, antenna directivity and gain, proposed frequency and

FCC Rule Part, type of emission, effective radiated power, and whether

the proposed use is itinerant. Generally, submission of the information

in the technical portion of the FCC license application is adequate

notification. In addition, the applicant shall indicate in its

application to the Commission the date notification was made to the

Arecibo Observatory.

(b) After receipt of such applications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections

in response to the notification indicated. 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,

as appropriate. If the Commission determines that an applicant has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, its application may be granted.

7. A new Sec. 95.1003(c) is added to read as follows:

Sec. 95.1003 Authorized locations.

* * * * *

(c) Anyone intending to operate an LPRS transmitter on the islands

of Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that

could pose an interference threat to the Arecibo Observatory shall

notify the Interference Office, Arecibo Observatory, Post Office Box

995, Arecibo, Puerto Rico 00613, in writing or electronically, of the

location of the unit. Operators may wish to consult interference

guidelines, which will be provided by Cornell University. Operators who

choose to transmit information electronically should e-mail to:

[email protected].

(1) The notification to the Interference Office, Arecibo

Observatory shall be made 45 days prior to commencing operation of the

transmitter. The notification shall state the geographical coordinates

of the unit.

(2) After receipt of such notifications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections.

The operator will be required to make reasonable efforts in order to

resolve or mitigate any potential interference problem with the Arecibo

Observatory. If the Commission determines that an operator has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, the unit may be allowed to operate.

PART 97--AMATEUR RADIO SERVICE

1. 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.

2. A new Sec. 97.203(h) is added to read as follows:

Sec. 97.203 Beacon station.

* * * * *

(h) The provisions of this paragraph do not apply to beacons that

transmit on the 1.2 cm or shorter wavelength bands. Before establishing

an automatically controlled beacon within 16 km (10 miles) of the

Arecibo Observatory or before changing the transmitting frequency,

transmitter power, antenna height or directivity of an existing beacon,

the station licensee must give written notification thereof 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: [email protected].

(1) The notification shall state the geographical coordinates of

the antenna (NAD-83 datum), antenna height above mean sea level (AMSL),

antenna center of radiation above ground level (AGL), antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. Licensees may wish to consult interference guidelines

provided by Cornell University.

(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.

3. A new Sec. 97.205(h) is added to read as follows:

Sec. 97.205 Repeater 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

written notification thereof 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: [email protected].

(1) The notification shall state the geographical coordinates of

the antenna (NAD-83 datum), antenna height above mean sea level (AMSL),

antenna center of radiation above ground level (AGL), antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. Licensees may wish to consult interference guidelines

provided by Cornell University.

(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.

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 101.123 is amended by revising the section heading and

adding new paragraph (d) to read as follows:

Sec. 101.123 Quiet zones and Arecibo Coordination Zone.

* * * * *

(d) Any applicant for a new permanent fixed station authorization

to be located on the islands of Puerto Rico, Desecheo, Mona, Vieques,

and Culebra, or for a modification of an existing authorization which

would change the frequency, power, antenna height, directivity, or

location of a station on these islands and would increase the

likelihood of the authorized facility causing interference, shall

notify the Interference Office, Arecibo Observatory, Post Office Box

995, Arecibo, Puerto Rico 00613, in writing or electronically, of the

technical parameters of the proposal. Applicants may wish to consult

interference guidelines, which will be provided by Cornell University.

Applicants who choose to transmit information electronically should e-

mail to: [email protected].

(1) The notification to the Interference Office, Arecibo

Observatory shall be made prior to, or simultaneously with, the filing

of the application with the Commission. The notification shall state

[[Page 55537]]

the geographical coordinates of the antenna (NAD-83 datum), antenna

height above ground, ground elevation at the antenna, antenna

directivity and gain, proposed frequency and FCC Rule Part, type of

emission, effective radiated power, and whether the proposed use is

itinerant. Generally, submission of the information in the technical

portion of the FCC license application is adequate notification. In

addition, the applicant shall indicate in its application to the

Commission the date notification was made to the Arecibo Observatory.

(2) After receipt of such applications, the Commission will allow

the Arecibo Observatory a period of 20 days for comments or objections

in response to the notification indicated. 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,

as appropriate. If the Commission determines that an applicant has

satisfied its responsibility to make reasonable efforts to protect the

Observatory from interference, its application may be granted.

(3) The provisions of this paragraph do not apply to operations

that transmit on frequencies above 15 GHz.

[FR Doc. 97-28296 Filed 10-24-97; 8:45 am]

BILLING CODE 6712-01-P