Arecibo Coordination Zone

Federal RegisterAug 3, 1998

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 22, 24, 26, 27, 90 and 97

[ET Docket No. 96-2, FCC 98-140]

Arecibo Coordination Zone

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This Memorandum Opinion and Order (``MO&O'') clarifies the

rules regarding the Arecibo Radio Astronomy Observatory (Observatory)

Coordination Zone that covers the islands of Puerto Rico, Desecheo,

Mona, Vieques, and Culebra within the Commonwealth of Puerto Rico (the

Puerto Rican Islands). This action will promote efficient coordination

between the Observatory and service applicants in the Coordination

Zone.

EFFECTIVE DATE: September 2, 1998.

FOR FURTHER INFORMATION CONTACT: Rodney Small, Office of Engineering

and Technology, (202) 418-2452.

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

Memorandum Opinion and Order, ET Docket 96-2, FCC 98-140, adopted June

29, 1998, and released July 2, 1998. The full text of this Commission

decision is available for inspection and copying during normal business

hours in the FCC Reference Center (Room 239), 1919 M Street, NW,

Washington, DC, and also may be purchased from the Commission's

duplication contractor, International Transcription Service, (202) 857-

3800, 1231 20th Street, NW Washington, DC 20036.

Summary of the Memorandum Opinion and Order

1. In the Report and Order (R&O), 62 FR 55525, October 27, 1997, in

this proceeding, we established a Coordination Zone that covers the

Puerto Rican Islands. The policies that we established regarding the

Coordination Zone require that: (1) applicants for new radio facilities

in various communications services must provide notification of their

proposed operations to the Observatory no later than the time their

license applications are submitted to us; (2) applicants for modified

radio facilities in these services must provide notification of their

proposed operations to the Observatory no later than the time their

license applications are submitted to us, but only if the modified

facilities pose an interference threat to the operations of the

Observatory; and (3) applicants for new radio facilities in commercial

wireless services in which individual station licenses are not issued

must provide notification of their proposed operations to the

Observatory at least 45 days in advance of their proposed operations if

their facilities pose an interference threat to the operations of the

Observatory.

2. In the R&O, we provided the Observatory 20 days to file comments

with us regarding each service applicant's potential for interference,

and applicants are responsible for making reasonable efforts to

accommodate the interference concerns of the Observatory. We did not

establish interference standards, but required the operator of the

Observatory--Cornell University (Cornell)--to provide interference

guidelines to service applicants so that applicants may consider

protection to the Observatory in the early design phase of radio

facilities.

3. Puerto Rico Telephone Company (PRTC) filed a petition for

reconsideration of the R&O, in which it urges us to reconsider three

aspects of this decision. First, PRTC contends, we have inappropriately

left control of interference standards to Cornell. PRTC argues that we

should establish specific standards or, alternatively, require Cornell

to develop standards and submit them to us for review. Second, PRTC

urges us to place restrictions on what ``reasonable efforts'' will be

required to satisfy Cornell in a given instance. PRTC contends that the

record in the proceeding is not clear as to whether even as significant

a change to a broadcast station's operating parameters as mandatory

time-sharing of frequencies with the Observatory would be deemed

``reasonable'' by the Commission. Finally, PRTC urges us to reconsider

our decision to apply coordination filing requirements to commercial

wireless services for which we award licenses for geographic service

areas but not for individual operating facilities. PRTC argues that it

is inconsistent to create a duty to file notifications with Cornell

when such licensees are not required to file any information with us,

and that the Notice of Proposed Rule Making (NPRM), 61 FR 10709, March

15, 1996, in this proceeding gave no notice that we were considering

creating such a duty.

4. As discussed in the R&O, interference guidelines may

significantly lessen coordination problems, and Cornell has pledged to

develop such guidelines. We are convinced that a guideline approach is

preferable to a standards approach. We find it efficient for Cornell to

develop guidelines because it has gained expertise over many years

through informal coordination with service applicants in the

Coordination Zone. We reiterate our statement in the R&O that

telecommunications service providers in Puerto Rico provide highly

important services that must be maintained. Further, we believe it is

in Cornell's self-interest to develop realistic guidelines so as to

avoid unnecessary disputes with service applicants. Accordingly, we are

affirming our decision and requiring Cornell to establish interference

guidelines for each service in the Coordination Zone.

5. In the R&O, we stated that ``reasonable efforts [to minimize

interference from various telecommunications services to the

Observatory] will vary from case-to-case, dependent on the degree of

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

needed to prevent such harm'' and ``to attempt to set forth a general

definition of the term `reasonable efforts' is extremely difficult, if

not impossible.'' Accordingly, we are denying PRTC's request to place

general restrictions on the types of reasonable efforts that will be

required of service applicants in the Coordination Zone.

6. However, while what is reasonable in each individual situation

will vary, we can alleviate PRTC's specific concern regarding time-

sharing of frequencies. As we stated in the R&O: ``We also observe that

adoption of a Coordination Zone would neither allocate additional

spectrum for RAS [Radio Astronomy Service] use, nor provide the

Observatory additional rights to spectrum allocated to other

services.'' Requiring service providers in the Coordination Zone to

time-share spectrum with the Observatory would provide it ``additional

rights to spectrum allocated to other services.''

[[Page 41202]]

Accordingly, we are clarifying that involuntary time-sharing of

frequencies between the Observatory and licensed services will not be

mandated. This clarification does not prohibit voluntary time-sharing

arrangements between the Observatory and a service provider.

7. The issue of including in the Coordination Zone commercial

wireless services in which licensees do not receive individual station

licenses was covered by our proposals in the NPRM and was specifically

addressed by parties commenting on the NPRM. Accordingly, adequate

notice of this issue was given.

8. With respect to the substantive concerns raised by PRTC

regarding this issue, we stress that licensees of commercial wireless

services in which licensees do not receive individual station licenses

are required to notify the Observatory only when a new transmitter may

cause harmful interference to the operations of the Observatory. We

will continue to rely upon each operator to determine when a

transmitter may pose an interference threat to the operations of the

Observatory. We note that operators in these services must comply with

the notification requirements when new transmitters are introduced. We

cannot exclude the possibility that in some circumstances the

introduction of a new or modified transmitter in a geographically-

licensed service could result in harmful interference to the

Observatory. Accordingly, we find that in those circumstances

notification to the Observatory must take place. To make this policy

explicit in the rules, we are adopting clarifying language for parts

22, 24, 26, 27, and 90.

9. Finally, in the R&O, the amended rules of part 97 inadvertently

omitted language specifying that a licensee is required to make

reasonable efforts to resolve or mitigate any potential interference

problems with the Observatory and that a licensee must notify the

Observatory of new or modified facilities at least 20 days in advance

of planned operation. Accordingly, we are adding that language to part

97--see sections 97.203(h) and 97.205(h).

Final Regulatory Flexibility Analysis

10. Final Regulatory Flexibility Certification. As required by

Section 603 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 603, an

Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the

NPRM. We sought written comments on the proposals in the NPRM,

including the IRFA. No commenting parties raised issues specifically in

response to the IRFA, and a Final Regulatory Flexibility Analysis was

included in the R&O. The rules adopted in this Memorandum Opinion and

Order (MO&O) provide clarification of the rules adopted in the R&O. We

therefore certify pursuant to section 605(b) of the RFA that the rules

adopted in the MO&O do not have a significant economic impact on a

substantial number of small entities. We shall provide a copy of this

certification to the Chief Counsel for Advocacy of the SBA, and shall

include it in the report to Congress pursuant to the Small Business

Regulatory Enforcement Fairness Act of 1996.

List of Subjects

47 CFR Part 22

Communications common carriers, Radio.

47 CFR Part 24

Personal communications services, Radio.

47 CFR Part 26

General Wireless communications service, Radio.

47 CFR Part 27

Wireless communications service, Radio.

47 CFR Part 90

Land mobile, Radio.

47 CFR Part 97

Civil defense, Radio.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the preamble, parts 22, 24, 26, 27, 90

and 97 of Title 47 of the Code of Federal Regulations are amended as

follows:

PART 22--PUBLIC MOBILE SERVICES

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

Authority: 47 U.S.C. 154, 222, 303, 309 and 332.

2. Section 22.369, is amended by revising paragraphs (d)(1), (2)

and (3) to read as follows:

Sec. 22.369 Quiet zones and Arecibo Coordination Zone.

* * * * *

(d) * * *

(1) Carriers planning to construct and operate a new Public Mobile

Services station at a permanent fixed location on the islands of Puerto

Rico, Desecheo, Mona, Vieques or Culebra in services in which

individual station licenses are issued by the FCC; planning to

construct and operate a new Public Mobile Services station at a

permanent fixed location on these islands that may cause interference

to the operations of the Arecibo Observatory in services in which

individual station licenses are not issued by the FCC; or planning a

modification of any existing Public Mobile Services station at a

permanent fixed location on these islands that would increase the

likelihood of causing interference to the operations of the Arecibo

Observatory must notify the Interference Office, Arecibo Observatory,

Post Office Box 995, Arecibo, Puerto Rico 00613, in writing or

electronically (e-mail address: [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 identification of the geographical

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

antenna directivity (if any), proposed channel and FCC rule part, type

of emission, and effective isotropic radiated power.

(2) In services in which individual station licenses are issued by

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

should be sent at the same time the application is filed with the FCC,

and at least 20 days in advance of the applicant's planned operation.

The application must state the date that notification in accordance

with paragraph (d)(1) was made. In services in which individual station

licenses are not issued by the FCC, the notification required in

paragraph (d)(1) of this section should be sent at least 45 days in

advance of the applicant's planned operation. In the latter services,

the Interference Office must inform the FCC of a notification by an

applicant within 20 days if the Office plans to file comments or

objections to the notification. After the FCC receives an application

from a service applicant or is informed by the Interference Office of a

notification from a service applicant, the FCC will allow the

Interference Office a period of 20 days for comments or objections in

response to the application or notification.

(3) If an objection to any planned service operation is received

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

take whatever action is deemed appropriate.

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PART 24--PERSONAL COMMUNICATIONS SERVICES

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

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

4. Section 24.18 is revised to read as follows:

Sec. 24.18 Notification to the Arecibo Observatory.

(a) The requirements in this section are intended to minimize

possible interference at the Arecibo Observatory in Puerto Rico.

Licensees must make reasonable efforts to protect the Observatory from

interference. Licensees planning to construct and operate a new station

at a permanent fixed location on the islands of Puerto Rico, Desecheo,

Mona, Vieques or Culebra in services in which individual station

licenses are issued by the FCC; planning to construct and operate a new

station at a permanent fixed location on these islands that may cause

interference to the operations of the Arecibo Observatory in services

in which individual station licenses are not issued by the FCC; or

planning a modification of any existing station at a permanent fixed

location on these islands that would increase the likelihood of causing

interference to the operations of the Arecibo Observatory must notify

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

Arecibo, Puerto Rico 00613, in writing or electronically (e-mail

address: [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

identification of the geographical coordinates of the antenna location

(NAD-83 datum), the antenna height, antenna directivity (if any),

proposed channel and FCC Rule Part, type of emission, and effective

isotropic radiated power.

(b) In services in which individual station licenses are issued by

the FCC, the notification required in paragraph (a) of this section

should be sent at the same time the application is filed with the FCC,

and at least 20 days in advance of the applicant's planned operation.

The application must state the date that notification in accordance

with paragraph (a) was made. In services in which individual station

licenses are not issued by the FCC, the notification required in

paragraph (a) of this section should be sent at least 45 days in

advance of the applicant's planned operation. In the latter services,

the Interference Office must inform the FCC of a notification by an

applicant within 20 days if the Office plans to file comments or

objections to the notification. After the FCC receives an application

from a service applicant or is informed by the Interference Office of a

notification from a service applicant, the FCC will allow the

Interference Office a period of 20 days for comments or objections in

response to the application or notification.

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

take whatever action is deemed appropriate.

PART 26--GENERAL WIRELESS COMMUNICATIONS SERVICE

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

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

otherwise noted.

6. Section 26.105 is revised to read as follows:

Sec. 26.105 Notification to the Arecibo Observatory.