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File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** $//MO&O, TV Marti, FCC 95-160//$ $/Part 73 Radio Bradcast Services/$ ///newjob/// $///FCC 95-160,4/24/95///$ FCC 95-160 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In re Request of ) ) UNITED STATES INFORMATION AGENCY ) ) For Modification of Authorization ) Memorandum Opinion and Order Adopted: April 14, 1995 Released: April 28, 1995 By the Commission: 1. In this Order, we address a request by the Office of Cuba Broadcasting, Bureau of Broadcasting, United States Information Agency ("USIA") that we assign it three UHF channels, Channels 18, 50, and 64, for its use in the Television Marti Service ("TV Marti") and modify its current authorization to specify operation on those channels, in addition to Channel 13, currently authorized. As discussed below, we grant the request. 2. The Television Broadcasting to Cuba Act ("Act") embodies Congress' determination that the national interest would be served by television broadcasts to Cuba. The Act authorizes the Commission to "assign by order a suitable frequency to further the national interests expressed in [the Act], except that no such assignment shall result in objectionable interference with the broadcasts of any domestic licensee." Accordingly, by Memorandum Opinion and Order, the Commission in 1991 granted USIA's original request and assigned Channel 13 to USIA for use by its TV Marti facilities. 3. In its current request, USIA notes that it is seeking to modify its authorization to specify operation on Channels 18, 50, and 64, in addition to Channel 13, pursuant to a National Security Council/Policy Coordination Committee Options Paper for the Operation of TV Marti approved and submitted to the National Security Council ("NSC") on November 17, 1992, which authorized USIA to provide NSC with a plan to proceed with implementing UHF broadcasts to Cuba. Before USIA can implement such broadcasts, its current authorization for TV Marti must be modified. USIA further notes that the decision to seek three UHF frequencies is intended to resolve the problems caused by "persistent Cuban jamming" of its VHF transmissions. USIA intends to operate on the three frequencies on a randomly changing pattern to deter Cuban jamming activity. USIA notes that "it will be extremely difficult for the Cuban government to effectively jam a system that is both frequency and space agile," such as it proposes to operate. Further, USIA notes "the need to broadcast during prime audience times." USIA states that: "There is no UHF-TV network in Cuba to be protected and no known services operating on the channels recommended for TV Marti use." According to the Advisory Panel report on TV Marti, since Cuban television does not currently broadcast on UHF, under the terms of the International Telecommunications Convention, "broadcasting to Cuba on UHF frequencies could not be construed as 'harmful interference' with existing Cuban broadcasting services. Report of the Advisory Panel on Radio Marti and TV Marti, Vol. I, March, 1994, p. 9. 4. In accordance with the Act, and for the reasons that follow, we grant the request. While the Act, in Section 243(d)(1), 22 U.S.C.  1465bb(d)(1), states that we shall assign "a suitable frequency," it does not limit the Commission from assigning more than one frequency since the interpretive provision of 1 U.S.C.  1, which applies to "any Act of Congress," expressly states that "words importing the singular include and apply to several persons, parties, or things" (emphasis added) and, as indicated herein, application of that rule "is necessary to carry out the evident intent of the statute." See First National Bank of St. Louis v. Missouri, 263 U.S. 640, 657 (1924); see also Johnston v. Penrod Drilling Co., 803 F.2d 867, 870 (5th Cir. 1986). We note that the Advisory Panel on Radio Marti and TV Marti, appointed by USIA pursuant to Congressional mandate, recommended that TV Marti should convert to UHF transmissions. Acting upon this recommendation, Congress included in appropriations legislation enacted in 1994 $24,809,000 in expenses for "Broadcasting to Cuba." See Department of Commerce, Justice, and State, the Judiciary and Related Agencies' Programs for Fiscal Year Ending September 30, 1995, 1995, Pub. L. No. 103-317, 108 Stat. 1724 (1994). Of this amount, $1,200,000 is specifically provided by Congress "to convert TV Marti from VHF to UHF frequencies." H. R. Conf. Rep. No. 708, 103d Cong., 2d Sess. 92- 93 (1994). Thus, we are satisfied that there is no limitation on our granting additional frequencies for use by TV Marti. 5. Further, USIA's engineering study shows that its proposal would not cause objectionable interference to domestic full-power television stations. Section 243(e)(1) of the Act, 22 U.S.C.  1465bb(e)(1), provides that: "[t]he Television Marti Service shall be governed by the same standards regarding objectionable interference as any domestic licensee." Section 248(3) of the Act, 22 U.S.C.  1465ff(3), states that "the term 'objectionable interference' shall be applied in the same manner as such term is applied under regulations of the Federal Communications Commission to other domestic broadcasters...." Section 73.612(a) of the Commission's rules, 47 C.F.R.  73.612(a), provides that "[t]he nature and extent of the protection accorded to TV broadcast stations is limited solely to the protection which results from the minimum allotment and station separation requirements and the rules and regulations with respect to maximum powers and antenna heights set forth in [the rules]." USIA has presented engineering studies addressing these technical considerations. In particular, the engineering study of Hammett and Edison, Inc., attached to the request, notes that Channels 18, 50, and 64 at Cudjoe Key meet the minimum spacing requirements with respect to domestic full-service TV stations. In addition, the main lobe effective radiated power (ERP) of 23.9 dBk or 245 kW, is less than the 27 dBk or 501 kW permitted by Section 73.612 of the Commission's rules for an antenna height above average terrain (HAAT) of 2300 meters (m) or greater. 6. While complying with the distance spacing and maximum ERP rules could be viewed as fulfilling the Commission's standards regarding objectionable interference, the Hammett and Edison study recognizes that the great transmitting height is not contemplated in the Commission rules and therefore the study addresses potential interference. The Commission's established propagation analysis procedures use curves contained in Section 73.699 of the rules, 47 C.F.R.  73.699, for transmitting antenna heights up to 1600 m. While the interference effect of the extra transmitting antenna height is not determined, several other factors combine to allow the Hammett and Edison study to conclude that no interference is to be expected. First, the ERP toward domestic TV stations is 1 kW or less, which is at least 27 dB less than the maximum power the rules would allow. Second, the closest co-channel full-service TV station on each of the 3 selected channels is significantly farther from Cudjoe Key than the 329.0 km minimum spacing that the separation rule specifies (WKCF(TV), Channel 18, Clermont, Florida, is 435.7 km; WBHS-TV, Channel 50, Tampa, Florida, is 360.0 km; and WGOX(TV), Channel 64, Inverness, Florida, is 475.8 km). Finally, as noted in the Electromagnetic Compatibility Analysis Center ("ECAC") study attached to the request, the desired-to-undesired ratio that is used for co-channel interference is 17 dB less if offset carrier frequencies are employed than if non-offset carriers are used. To minimize the potential interference, offset carrier frequencies will be specified. 7. The engineering study attached to USIA's request also considers the effect on Low Power Television ("LPTV") Stations and concludes that no LPTV stations would be required to cease operation as a result of the proposed TV Marti facilities. In any event, as the study notes, the FCC's rules provide that LPTV stations are secondary in status to full-power stations. As we stated in our Report and Order authorizing the low power television service, "it is our firm intention that low power stations remain secondary, in terms of spectrum priority." Further, under 47 C.F.R.  74.702(b) of our rules, "[c]hanges in the TV Table of Allotments..., authorizations to construct new TV broadcast stations, or to change facilities of existing ones, may be made without regard to existing or proposed low power TV or TV translator stations." Thus, we do not believe that there is an impediment to authorizing the proposed UHF channels in this regard. 8. Moreover, our goal to promote the development of Advanced Television Service ("ATV"), using digital technology, does not preclude the proposed modification. We note that under Sections 243(d)(2) and 248(2) of the Act, only incumbent domestic licensees, defined as broadcasting a television signal as of January 1, 1989, are protected from being required to change frequency to eliminate objectionable interference from the operation of the TV Marti Service, and ATV facilities would not fall under this provision. Additionally, while we have sought to protect available TV spectrum in major markets to avoid restricting our future decisions with respect to digital broadcasting, we note that we have not yet made any final decision with respect to specific allotments for ATV stations, have not yet issued a Table of Allotments for ATV, and have not adopted transmission standards. Any limiting effect on ATV development is speculative at best since these critical decisions are still in the future. Further, given the remote location of the proposed facilities, we believe we can readily take them into account in designing a Table, if it becomes necessary to do so. We note also in this regard that the TV Marti facilities are not intended to be permanent. 9. Section 243(d)(3) of the Act, 22 U.S.C.  1465bb(d)(3), states that "For purposes of Section 305 of the Communications Act of 1934, a television broadcast station established for purposes of this [Act] shall be treated as a government station, but the Federal Communications Commission shall exercise the authority of the President under such section to assign a frequency to such station." Based on the directives of the Act, and in response to USIA's March 30, 1994 request, the Commission is hereby modifying USIA's authorization for TV Marti service to permit operation on Channels 18, 50, and 64, in addition to Channel 13. Since no change is being made to the Table of Allotments, notice and comment rule making is unnecessary. In any event, since the change to the TV Marti authorization merely carries out the mandate of the Act and reflects foreign policy determinations made by Congress and the President, we find for good cause that public notice and comment thereon is unnecessary. See 5 U.S.C.  553(a)(1), (b)(3)(B). 10. We will not accept applications for construction permits for new stations or modifications to existing stations or petitions for amendments to the Table of Allotments that would interfere with TV Marti's broadcasts to Cuba on these channels. The technical parameters of this authorization, designated to preclude objectionable interference with the broadcasts of any domestic licensee, pursuant to Section 243(e)(1) of the Act, 22 U.S.C.  1465bb(e)(1), are attached as Appendix A. In order for the Commission to ensure efficient utilization of the spectrum, USIA is requested to advise the Commission of the status of its operation on Channels 18, 50, and 64 on February 1, 1997, and at five year intervals thereafter. Should USIA seek to permanently discontinue its operation on those channels, it should notify the Commission of such intent as soon as possible. 11. Accordingly, IT IS ORDERED, that Channels 18, 50, and 64 are hereby assigned to the United States Information Agency for use by its TV Marti facilities, pursuant to the directives of the Television Broadcasting to Cuba Act. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary Appendix A Parameters for Broadcasting by the TV Marti Service I. VHF operation: pursuant to United States Information Agency, 6 FCC Rcd 1714 (1991), as modified by the Commission, under delegated authority, by letter of Roy J. Stewart, Chief, Mass Media, Bureau, to Joe Bruns, Acting Director, Voice of America, dated July 26, 1993, 1800E1-PRG. II. UHF operation A. Technical Characteristics of the Station Location: Lat 24ø 40 00 N, Long. 081ø 30 00 W Frequency: UHF TV Channel 18 (494-500 MHz) with 0. kHz carrier offset; UHF TV Channel 50 (686-692 MHz) with +10. kHz carrier offset; UHF TV Channel 64 (770- 776 MHz) with +10. kHz carrier offset Frequency Stability: ñ 500 Hz Transmitter Peak Visual Power: 1,000 watts Maximum EIRP: 398 kW Antenna: Parabolic Reflector Mainbeam gain: approximately 26 dBi Backlobe maximum gain: -30 dB relative to mainbeam Antenna height: various heights not to exceed 12,000 feet nominal B. Operating Conditions 1. The station is not to exceed a maximum EIRP of 398 watts from 320ø E of true North to 75ø E of true North in azimuth and from ñ90ø from horizontal in elevation. 2. NTIA and the FCC will be provided with an on-site point of contact who is responsible for regular operations and who has the authority to discontinue the operations upon notification by NTIA or the FCC. C. With Limited Assignment Channels 18, 50 and 64 in the Florida keys are authorized on the condition that they be used exclusively for TV Marti and that each channel will revert to domestic television use under authority of the Federal Communications Commission when its use for TV Marti is terminated.