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See also In re Replacement of Part 90 by Part  {O-  88 to Revise the Private Land Mobile Radio Services and Modify the rules Governing Them, WT Docket No. 92235,  {O-FCC 9761, Second Report and Order, released March 12, 1997 at  20.  We propose to allocate the remaining 36 megahertz at 746764 MHz and 776  j794 MHz to the fixed, mobile, and broadcasting services; and we anticipate that licenses in this   -portion of the band may be assigned through competitive bidding. These allocations would help   to meet the needs of public safety for additional spectrum, make new technologies and services   available to the American public, and allow more efficient use of spectrum in the 746806 MHz   band. We also consider issues related to protecting existing and proposed TV stations on   channels 6069 from interference until the transition to digital TV (DTV) is complete, but defer   Zspecific interference protection standards to a separate proceeding on service rules in the 746806  X-MHz band.Q {O$-  ;#X\  P6G;>P#э See In re Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service (DTV  {O[%-  Proceeding), MM Docket No. 87268, Sixth Report and Order, FCC No. 97115, released April 21, 1997, at  3.  yO%&-   The target date for the termination of the DTV transition period is the year 2006. This date is subject to review and  {O&-  Ychange as the DTV transition progresses. See DTV Proceeding, Fifth Report and Order, FCC 97116, released April 21, 1997, at  98100. ",))ZZ"Ԍ  X-:X01Í ÍX01Í Í BACKGROUND ĐlU  X-  P2. ` ` Channels 6069 (746806 MHz) are relatively lightly used for full service television   koperations. There are currently only 95 full service analog stations, either operating or with  X-  xapproved construction permits on these channels.MM {O-  #X\  P6G;>P#э There are also approximately 1309 low power TV and TV translator stations on channels 6069. See  1821  {M-infra. In the Sixth Report and Order in MM Docket  Xx-  No. 87268 (DTV Proceeding),x"MM {OK -#X\  P6G;>P#э DTV Proceeding, MM Docket No. 87268, Sixth Report and Order, FCC No. 97115, released April 21, 1997. we adopted a Table of Allotments for digital television. This   Table provides all eligible broadcasters with a second 6 MHz channel to be used for DTV service  XL-  Lduring the transition from analog to digital television service. The DTV Table also, inter alia,   facilitates the early recovery of a portion of the existing broadcast spectrum, specifically, channels   z6069, by minimizing the use of these channels for DTV purposes. The DTV Table provides  X -only 15 allotments for DTV stations on channels 6069 in the continental United States. MM yOn-#X\  P6G;>P#э There are seven DTV allotments in channels 6069 outside the continental United States.  X -  3. ` ` In providing for early recovery of spectrum, we also observed that there is an   urgent need for additional spectrum to meet important public safety needs, including voice and   data communications, and to provide for improved interoperability between public safety   agencies. We indicated that spectrum in the region of the 746806 MHz band may be appropriate   {to meet some of these needs. We stated that we would initiate a separate proceeding to   reallocate the spectrum at channels 6069 in the very near future, and that we would give serious   consideration to allocating 24 megahertz of this spectrum for public safety use and consider  X:-allocating the remaining 36 megahertz in the 746806 MHz band for assignment by auction.:DMM {O/-#X\  P6G;>P#э See DTV Proceeding, Sixth Report and Order, at  80.  X -  %4. ` ` In 1995, the Commission, along with the National Telecommunications and   lInformation Administration, established the Public Safety Wireless Advisory Committee   (PSWAC) to study public safety telecommunications requirements. The PSWAC was chartered,  X-  inter alia, to advise the Commission on total spectrum requirements for the operational needs of  X-  public safety entities in the United States through the year 2010.$MM {O9!-  #X\  P6G;>P#э See PSWAC, Final Report of the Public Safety Wireless Advisory Committee to the Federal Communications   : Commission, Reed E. Hundt, Chairman, and the National Telecommunications and Information Administration, Larry  {O"-  Irving, Assistant Secretary of Commerce for Communications and Information (Final Report) (1996)(this report is not numbered), at 7. On September 11, 1996, the  X-  yPSWAC issued its Final Report. The PSWAC found that the currently allocated public safety   spectrum is insufficient to support current voice and data needs of the public safety community,   does not provide adequate capacity for interoperability channels, and is inadequate to meet future  XX-  needs, based on projected population growth and demographic changes. In the Final Report, the"X ,-(-(ZZ"   PSWAC stated that data communication needs are also expected to grow rapidly in the next few   years, and wireless video needs are expected to expand quickly. In addition, new spectrum is  X-  required to support new capabilities and technologies, including high speed data and video.oMM {OK-#X\  P6G;>P#э See id. at 1920. o The   PSWAC found that, in the short term, 24 or 25 megahertz of new public safety spectrum is  X-  Yneeded, ZMM {O-  #X\  P6G;>P#э See id. at 3, recommending an additional allocation of 25 megahertz to public safety; id. at 59, Table 442, recommending reallocation of 24 megahertz to public safety. and concluded that public safety users should be granted access to portions of the unused  X-spectrum in the 746806 MHz band.e MM {O -#X\  P6G;>P#э See id. at 21.e  X_-  5. ` ` On April 10, 1996, the Commission released a Notice of Proposed Rule Making  XJ-  x(Notice) in a proceeding to address current and future public safety wireless communications and  X5-  <spectrum needs (Public Safety Proceeding). ^5FMM {O,-  J#X\  P6G;>P#э In re the Development of Operational, Technical, and Spectrum Requirements for Meeting Federal, State and  {O-  Local Public Safety Agency Communication Requirements Through the Year 2010, WT Docket No. 9686, Notice  {O-of Proposed Rule Making, 11 FCC Rcd 12460 (1996). The Notice proposes measures to address current  X -  iand future communications needs of public safety agencies. The Notice also sought comment on   regulatory approaches that would facilitate the development of interoperable equipment and   technologies and system requirements essential to the effective performance of public safety   zfunctions. We requested comment on technological issues regarding the enhancement and   <improvement of public safety wireless communications and measures to foster spectrally efficient  X -  communications. Finally, the Notice addressed additional spectrum allocations for public safety  X-  agencies.i l MM {O-#X\  P6G;>P#э See id. at  4.i This instant proceeding also addresses spectrum allocations for public safety  X-  communications; and, therefore further addresses some of the issues raised in the Public Safety  Vn-Proceeding.  X)-@ DISCUSSION ă  X-  Q6. ` ` In the DTV Proceeding, we stated that all existing analog and DTV full service   broadcast operations on channels 6069 will be fully protected during the transition, which is  X-  targeted for completion in the year 2006.  MM {O~#-  #X\  P6G;>P#э See DTV Proceeding, Sixth Report and Order,  80; see also Fifth Report and Order in MM Docket No. 87268, FCC 97116, released April 21, 1997, at  99100. At that time, we anticipate that analog TV operations  X-  will ceaseX MM {O&-#X\  P6G;>P#э See DTV Proceeding, Fifth Report and Order at  9899. and all digital TV stations on channels 6069 will be relocated to other channels.MM {O-#X\  P6G;>P#э See DTV Proceeding, Sixth Report and Order at  84. "Z,-(-(ZZ" The allocation proposals set forth below are consistent with this plan.  V-I. Allocation of Spectrum for Public Safety in the 746806 MHz Band.  X-  7. ` ` Public safety services are essential to the wellbeing of the American public.   ZPublic safety agencies work to ensure the security of the public both on a daily basis and in times   of natural disasters and other crises. The ability of public safety agencies such as police and fire   Kdepartments, emergency medical services, and forestry and emergency response services to react   iswiftly and efficiently to crimes, traffic and aircraft accidents, natural disasters, and special events   is enhanced by public safety agencies' use of communications technology. Radiobased   icommunications allow public safety agencies to pass information quickly, coordinate their efforts,   and warn of impending danger. As telecommunications technology has become more   sophisticated, its contribution to the effectiveness of public safety agencies has dramatically increased.  X -  8. ` ` The increase in radio communications among public safety agencies, however, has   led to a shortage of spectrum available for public safety communications. We agree with the   =PSWAC that there is a critical need for more public safety spectrum in the United States. This  Xb-  jneed has been recognized by the Commission,HbZMM {Om-  #X\  P6G;>P#э See In re Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications Service  {O7-(WCS), GN Docket No. 96228, FCC 9750, Report and Order at  78 (released Feb. 19, 1997).H the Congress,bMM {O-  #X\  P6G;>P#э See The Law Enforcement and Public Safety Telecommunications Empowerment Act, S. 255, 105th Cong., 1st Sess.  4(a), 143 Cong. Rec. S94505 (1997). and the Administration.ZbMM {O#-  #X\  P6G;>P#э See Testimony of Larry Irving, Assistant Secretary for Communications and Information, U.S. Department   wof Commerce, before the Subcommittee on Telecommunications, Trade and Consumer Protection of the U.S. House of Representatives Committee on Commerce, February 12, 1997, at 24. The   allocation of more spectrum for public safety services will not only alleviate current spectrum   crowding, but will also facilitate public safety agencies' access to new technologies for data and   video communications. Allocation of more spectrum for public safety will allow better   \communications interoperability between different jurisdictions; between different levels of  X-  jurisdiction, e.g., Federal, state, and local agencies; and between different agencies, e.g., fire and   Mpolice departments. Spectrum for interoperability is critical to coordination of public safety   jefforts at all levels. For example, fighting forest fires can require interoperability among the fire   departments of several cities and counties. Many law enforcement operations and responses to   natural disasters require interoperability between Federal, state, and local public safety agencies.   -Response to major traffic accidents on interstate highways also requires interoperability between   jthe police, the fire department, and emergency medical services. The PSWAC states that there   is a severe shortage of interoperability spectrum, and recommends the creation of a band"P2 ,-(-(ZZ|"  X-dedicated to interoperability.{MM {Oy-#X\  P6G;>P#э See PSWAC, Final Report at 52.{  X-  9. ` ` To address the need for more public safety spectrum, we propose to allocate 24   megahertz within the 746806 MHz band to the fixed and mobile services, for use by public   safety agencies. Such an allocation would significantly increase the amount of spectrum available  X-  to nonFederal public safety agencies in the United States.kZMM {O-#X\  P6G;>P#э See id. at 16.k This proposal would also provide  Xv-  very nearly the amount of spectrum requested by public safety in the Final Report of the   PSWAC. We request comment on our proposed allocation. We specifically inquire whether 24   megahertz is the appropriate amount of spectrum to allocate for public safety from this band, or   -whether a greater or lesser amount of spectrum should be allocated to public safety in this region of the spectrum.  X -   10. ` ` The 746806 MHz band is currently divided into ten television channels, each   having a bandwidth of six megahertz. We believe that the allocation of spectrum to public safety   would be best served by aligning the allocation with current television channels. This approach   will minimize the restrictions on public safety use of the spectrum caused by the need to protect   current television channels against objectionable interference as required during the DTV   transition period. Thus, an allocation of 24 MHz of spectrum to public safety would coincide   with only four television channels, thereby minimizing the number of existing television stations that must be protected against interference.  X-  A 11. ` ` We tentatively propose to allocate the spectrum at TV channels 63, 64, 68, and 69   (the 764776 MHz and 794806 MHz bands) for public safety. There are several reasons why   zwe believe these channels would best serve the needs of public safety. These channels are   =relatively lightly used by full service television broadcasting, so this spectrum would offer the   Zfewest restrictions on public safety operations. Further, since the 794806 MHz band is subjacent   >to existing public safety operations in the 806824 MHz band, it holds the best potential for   -expansion of and interoperability with existing systems. The close proximity to existing spectrum   used for public safety could also reduce the difficulty and cost of designing equipment. We are   aware that public safety systems typically employ systems that for technical reasons require some   minimum separation between the receive and transmit frequencies. We believe our proposed   allocation would permit systems to be deployed with adequate separation between transmit and receive frequencies.  X-  A 12. ` ` We request comment on our proposal to allocate channels 63, 64, 68, and 69 (764  776 and 794806 MHz) for public safety. Specifically, we inquire whether the presence of high   power TV transmitters on channels 6567 would interrupt signals transmitted by public safety   ientities using paired frequencies for operations. We also invite parties to suggest alternatives for   allocation of spectrum within the 746806 MHz band for public safety use. Parties suggesting"",-(-(ZZ!"   jalternative proposals should also identify the factors they took into account in deciding which   bands to recommend for allocation for public safety. We emphasize that this division of the   spectrum is proposed for allocation purposes only and is not determinative of whether to adopt   La channeling plan for licensing and, if so, which particular channeling plan should be adopted.   Any such issues will be addressed in a subsequent proceeding, dealing with licensing of the public safety spectrum.  V_-II. Allocation of Remaining Spectrum in the 746806 MHz Band.  X1-   13. ` ` We propose to reallocate the remaining 36 MHz of spectrum in the 746806 MHz   Lband to the fixed and mobile services, and retain the existing broadcast allocation. This would   allow the maximum diversity in service offerings and the broadest licensee discretion, consistent   with international allocations. Internationally, the band is allocated on a primary basis to the   jbroadcasting service and on a secondary basis to the fixed and mobile services in Region 2. A   footnote to the International Table of Frequency Allocations elevates the allocation to the fixed   =and mobile services to primary status in the United States, Mexico, and several other Region 2   Kcountries. This spectrum is located near spectrum now used for cellular telephone and other land   mobile services, and it could be used to expand the capacities of these services. Other possible   Kapplications for this spectrum include wireless local loop telephone service, video and multimedia   applications, wireless cable services, and industrial communications services. Additionally, under   -our proposal, parties would be able to obtain licenses in this spectrum to offer broadcasting. We   request comment on whether this broad allocation is appropriate, or whether some other allocation would better serve the public interest.  X-  n 14. ` ` Retaining the allocation of this spectrum for broadcasting, however, raises certain   concerns. The DTV transition plan anticipates that broadcasters will vacate this spectrum at the  X-  end of the DTV transition period.MM {O#-#X\  P6G;>P#э See DTV Proceeding, Fifth Report and Order, FCC 97116, released April 21, 1997, at  98100. For this reason, we would distinguish between those   broadcasters who have received their authorizations pursuant to the current allocation and current   service rules, and who may receive some protection or accommodation from new licensees, and   who will have to vacate this spectrum at the end of the transition period, and new licensees in   the spectrum who may provide broadcasting service and who will be subject to the rules we will adopt for the regulation of the reallocated spectrum.  X -  15. ` ` We intend to address licensing and service issues, such as the size of the spectrum   Zblocks for assignment, service areas, spectrum aggregation and disaggregation, etc., in a separate   proceeding. For example, while we have aligned this spectrum with the 6 megahertz TV   channels for the purposes of allocation, we may ultimately determine that the 36 MHz of non  public safety spectrum should be licensed in any size blocks. We also anticipate that licenses in   this spectrum may be assigned by competitive bidding. We will address issues related to   licensing and the possibility of auctions in a separate proceeding. It is our purpose to   accommodate as broad a range of services and technologies as feasible, and we have proposed"h$Z,-(-(ZZF#"   a broad allocation to promote this purpose. We recognize, however, that permitting a diverse   Karray of services and technologies to share the same spectrum could pose technical challenges in   >avoiding interference. For example, different services may employ different output powers,   modulation techniques, and system architectures. Also, receivers are likely to have different   interference rejection characteristics. We request comment on how these issues may affect the   proposed allocations. We once again point out that licensing issues, including the appropriate size of spectrum blocks per license, will be addressed in a subsequent proceeding.  XH-  _16. ` ` Summary of Proposed Allocations. In sum, our proposal calls for the reallocation   of the ten 6megahertz blocks of spectrum which comprise TV Channels 6069 into two 12  megahertz spectrum blocks for public safety services plus two 18megahertz spectrum blocks for   =fixed, mobile, and broadcasting services. The chart below shows the relationship between the existing allocation and the proposed reallocation for this spectrum. y!x8p(xdd6069new.bmp b%y  Vj$-Xj$,-(-(ZZ(#3Lp'#-!x8  X  V-III. Other Issues Affecting the Entire 746806 MHz Band.  X-  17. ` ` Protection of TV Services. In the DTV Proceeding, we stated that all existing   analog TV and new DTV stations in the 746806 MHz bands would be fully protected during the  X-  LDTV transition period.MM {O-#X\  P6G;>P#э See DTV Proceeding, Sixth Report and Order at  80. Thus, it will be necessary for licensees in the reallocated spectrum to   .protect both analog TV and DTV stations in the 746806 MHz band from interference. We will   address the issue of protection of TV stations in our separate proceeding on licensing and service rules in the 746806 MHz band.  X3-  18. ` ` Low Power Operations. In our DTV Proceeding, we found that there is   Zinsufficient spectrum to preserve all existing LPTV and TV translator stations, and concluded that   LPTV and TV translator stations should retain their secondary allocation status. We also stated   .our continuing belief that the important benefits of spectrum recovery, such as providing new   spectrum for public safety, outweigh the impact this action will have on secondary LPTV and TV  X -  [translator operations.{ ZMM {O-#X\  P6G;>P#э See id. at  11, 81, 141142.{ In the DTV proceeding, we adopted a number of changes to our rules,   however, to mitigate the impact on LPTV and TV translators. These rule changes included   allowing LPTV stations displaced by new DTV stations to apply for suitable replacement   channels; considering such applications on a firstcome, firstserved basis without subjecting them   to competing applications; and technical rules changes to provide additional operating flexibility  XO-  for low power stations.sOMM {O-#X\  P6G;>P#э See id. at  141147.s We also stated that any industry negotiation and coordination efforts  X8-  Mmust be open to all parties, including LPTV stations.8~MM {Og-#X\  P6G;>P#э See DTV Proceeding Sixth Report and Order at  182. In addition, LPTV and TV translator   {operations will not be required to alter or cease their operations until they actually cause   interference to new DTV service or to any primary services operating in the 746806 MHz band.   We believe that it may be possible for many low power stations operating on channels 6069 to   zcoexist with public safety and other new service operations on a noninterfering basis. For   example, in certain regions of the country, such as rural areas and the western mountainous states,   Klow power TV stations and TV translators may not be affected by new service operations, at least not in the near future.  Xi-  19. ` ` Our primary objective in this proceeding is to maximize the availability of this   spectrum for new public safety and other services. As noted above, we have already taken a  X;-  zvariety of steps in the DTV Proceeding to provide more flexibility for low power operations.   These measures would of course be similarly available to low power operations on channels 60  69. LPTV and TV translator stations in channels 6069 will retain secondary status, as do LPTV   and TV translator stations in other portions of the TV bands. This means that LPTV and TV   translator stations shall not cause harmful interference to stations of primary services, including",-(-(ZZ;"   znew licensees in channels 6069, and cannot claim protection from harmful interference from  X-  Zstations of primary services, including new licensees in channels 6069.vMM {Ob-#X\  P6G;>P#э See 47 C.F.R.  2.104(d)(4).v Although we recognize   that LPTV and TV translator stations retain this secondary status, we seek comment as to whether   our proposed allocations might suggest any additional considerations to further mitigate the   impact on low power operations on channels 6069 during the transition period. We emphasize,   however, that any accommodation of low power operations should not impede public safety use of the spectrum nor reduce the opportunity for other services to use this spectrum.  20. One option would be to provide some level of accommodation to low power   operations in channels 6069 until the end of the DTV transition period in the year 2006, in order   to give these stations time to relocate to other portions of the spectrum, change transmission   channels, seek licensing as primary services, or otherwise modify their operations. We request   Mcomment on the issue of accommodation of displaced LPTV and TV translator stations and   whether we should allow incumbent LPTV and TV translator stations to negotiate private   arrangements with new licensees under which the new licensees would tolerate otherwise   unacceptable levels of interference from LPTV or TV translator stations, and whether we should   provide incentives to new licensees to seek such arrangements. We invite commenters to suggest  Xy-alternative ways we might alleviate the impact of this allocation on low power operations. yZMM {O-  #X\  P6G;>P#э In the DTV Proceeding, we stated that we intend to consider in a future rule making whether to create a new   class of LPTV broadcast stations that would modify the secondary status of theses stations and provide them some   level of interference protection. Any such new class of LPTV stations would not include those in channels 6069.   We do not believe that the instant proceeding is the appropriate forum for such considerations, because this   proceeding deals with only a small portion of the TV spectrum. However, we wish to remind commenters that we will undertake such a proceeding in the future.   XK-  n21. ` ` TV Stations Construction Permits, Applications, and Allotment Petitions. In our  X6-  kDTV Proceeding, we concluded that all existing analog and new DTV full service broadcast  X!-  =operations on channels 6069 will be fully protected during the DTV transition period.!MM {O-#X\  P6G;>P#э See DTV Proceeding Sixth Report and Order at  80. More  X -  than 200 petitions for reconsideration of the DTV Proceeding Sixth Report and Order have been   filed. Many of these petitions request allotments in channels 6069 during the DTV transition   period. Our decisions on these petitions could affect the allocations proposed herein. If any   kadditional DTV full service allotments are made as a result of these petitions, they would be   afforded full protection during the DTV transition period. Further, in addition to the 73 licensed  X-  jstations on channels 6069, construction permits have been authorized to 22 stations, of which  X-  11 operate under program test authority. There are also 78 applications on file for 33 stations on   these channels which have been accepted or tendered for filing, of which 33 request waivers of"k f ,-(-(ZZ"  X-  the TV filing freeze and have not been accepted for filing.\MM yOy-  #X\  P6G;>P#э These applications have not been acted upon because we froze applications for TV licensing in the 30 largest  {OA-  markets in the United States in 1987. See In re Advanced Television Systems and Their Impact on the Existing  {O -Television Broadcast Service, RM5811, Order, 52 Fed. Reg. 28,346 (1987). In addition, there are 9 petitions for   zrule making on file, requesting changes in the TV Table of Allotments to allow applicants to  X-  <apply for TV broadcasting licenses in channels 6069.MM yOo-  -#X\  P6G;>P##X\  P6G;>P#э We have also proposed to amend the TV Table of Allotments to add a new analog Channel 60 at Mililani  {O7-  -Town, HI. See In re Amendment of Section 73.606(b), Table of Allotments, TV Broadcasting Stations (Mililani  {O -  Town, Hawaii), MM Docket 96136, Notice of Proposed Rule Making, 11 FCC Rcd 16265 (1996). These figures   jare effective May 16, 1997, and change on a daily basis. Appendix B contains a list of licenses, construction permits, and applications. We invite comment as to the appropriate   jdisposition of these various matters so as to maximize the availability of the 746806 MHz band   for public safety and new services. We tentatively conclude that stations for which a   jconstruction permit has been granted should be treated the same as operating TV stations and   Zreceive protection from new service providers. We note that parties holding construction permits   ?were considered eligible broadcasters in the DTV proceeding and were, in fact, awarded   companion DTV channels; a number of these are already operating under program test authority.   zOther stations for which construction permits have been issued are under various stages of   yconstruction. At the same time, however, we note that there has been little activity with regard   to a few of these permits. In this regard we remind permittees that, in the absence of compelling   circumstances, they must progress toward constructing their stations within the allotted time or   risk cancellation of their permits, regardless of their assigned channels. We request comment on   jwhether these permittees should be given the option to begin operations directly on their DTV   channels without being required to provide analog TV service on channels 6069. Such an   approach would allow these permittees to eliminate the cost of building new analog facilities that   Lmay be used for only a temporary period of time and would increase the spectrum available for   public safety and other new service providers. We also request comment on whether we should  XK-   allow public safety and new service licensees in the 746806 MHz band to make arrangements   with broadcast licensees and permittees for ceasing existing or planned broadcast operations in   this band or relinquishing their interest in a new station on these channels. If so, could such   Marrangements include monetary compensation? In either case, where the broadcaster has a   Kchannel below channel 60, we would propose to continue to allow the broadcaster to initiate DTV   operations without a companion analog channel. For example, for those broadcasters with DTV   jchannels on channels 6069 and an existing analog channel below channel 60, we would permit   ythem to continue their current analog operations on that channel or, if possible, to convert that   channel to DTV use. We also seek comment on whether, or under what circumstances, we   should continue to permit stations authorized on channels 6069 to relocate transmitting antenna sites or to increase radiated power or antenna height up to the maximum values in the service.  X7-  "22. ` ` With regard to applications for new broadcast stations and petitions for rule making   .to create new analog TV allotments on channels 6069, we believe the public is best served by   maximizing the potential availability of this spectrum for public safety and new services. We"  ,-(-(ZZ="   note that applicants for new broadcast stations were not among the initial eligibles for a second   DTV channel and would be required to vacate this spectrum at the end of the DTV transition   period. We seek comment on whether we should dismiss these pending applications and petitions   @for new allotments for new broadcast stations that would operate on channels 6069.   Alternatively, should we dismiss only those applications and allotment petitions in major   metropolitan areas where additional spectrum for public safety is most needed, and which are   zprecluded by the 1987 TV freeze? Consistent with this approach, we also seek comment on   whether we should provide these parties an opportunity to amend their applications or petition   Zproposals to obtain analog or DTV channels below channel 60. We invite commenters to address all these issues, and to suggest other methods of dealing with pending applications and petitions.  X -  R23. ` ` International Coordination. In addition to protecting services in adjacent   frequency bands from harmful interference, we are obligated to consider the effects of U.S.   operations on neighboring countries. For this reason, we propose to apply the international   coordination requirements of Section 27.57 of our rules to fixed, mobile, and broadcasting  X -  licensees in this spectrum.p MM {O"-#X\  P6G;>P#э See 47 C.F.R.  27.57.p We will address international coordination requirements for the  X-public safety spectrum in a subsequent proceeding. ZMM yO-  #X\  P6G;>P#э Coordination of public safety and other land mobile frequencies with Canada and Mexico are governed by  {Oe-special rules. See, e.g., 47 C.F.R.  90.619.  Xd-  24. ` ` Minor Changes to the Table of Frequency Allocations. Finally, there are currently   three footnotes to the Table of Frequency Allocations that permit the operation of nonTV  X8-  services in the 746806 MHz band in all or part of the United States.p!8MM {O-#X\  P6G;>P#э See 47 C.F.R.  2.106.p The 716890 MHz band   is also currently available on an interim basis through footnote NG30 to stations in the  X -  international fixed public radiocommunication servicem" FMM {O-#X\  P6G;>P#э See 47 C.F.R. Part 23.m south of Miami, Florida, on the condition  X-  [that harmful interference is not caused to the broadcasting service of any country.#MM yO|-  #X\  P6G;>P#э Specifically, footnote NG 30 reads: Stations in the international fixed public radiocommunication service in  yOD-  Florida, south of 25o 30' north latitude, may be authorized to use frequencies in the band 716890 MHz on the condi  tion that harmful interference will not be caused to the broadcasting service of any country. This is an interim   Jallocation the termination of which will later be specified by the Commission when it is determined that equipments are generally available for use in bands allocated internationally to the fixed services.  Footnote   ]NG30 was an interim measure which is no longer needed. The 800830 MHz band is also   Lcurrently available through footnote NG43 to fixed stations in the Common Carrier Fixed Point" #,-(-(ZZ"ԫ X-  toPoint Microwave Service]$XMM yOy-  #X\  P6G;>P#э Most of the services in the Domestic Public Fixed Radio Service were recently merged into Part 101, Fixed   Microwave Services. The rules for the Common Carrier Fixed PointtoPoint Microwave Service are at 47 C.F.R.  101, Subpart I.] in the southeastern corner of Alaska on the condition that harmful  X-  interference is not caused to the broadcasting service of any country.%XMM yO-  K#X\  P6G;>P#э Specifically, footnote NG43 reads: Fixed stations in the domestic public radio services in Alaska, south of  yOJ-  56o north latitude and east of 134o west longitude, may be authorized to use frequencies in the band 800-830 MHz, on the condition that harmful interference will not be caused to the broadcasting service of any country. We have reviewed our   records and determined that there are no licensees operating under footnote NG43. For these   reasons, and to provide public safety licensees with spectrum as free of other users as possible,   >we propose to delete footnotes NG30 and NG43. Additionally, the TV broadcast bands are  X-  allocated to the Fixed Service to permit subscription TV operations.l&XMM yOF -  #X\  P6G;>P#э Specifically, footnote NG149 reads: The frequency bands 5472 MHz, 7688 MHz, 174216 MHz, 470512   MHz, 512608 MHz, and 614806 MHz are also allocated to the Fixed Service to permit subscription TV operations in accordance with Part 73 of the rules.l We propose to delete this   allocation for the 746806 MHz band. This would ensure that no subscription TV operations   would be permitted in the public safety portion of the band. At the same time, because the non  public safety portion of the band is being reallocated to the fixed and mobile services, as well   <as the broadcasting service, this allocation by footnote is no longer needed to allow subscription   TV operations in the nonpublic safety portion of the band. We invite comment on our proposal   Mto eliminate footnotes NG30 and NG43, and modify footnote NG149 to eliminate the 746806 MHz band from its provisions.  X -XX* PROCEDURAL MATTERS ă  Xy-  25. ` ` This action is taken pursuant to Sections 4(i), 303(c), 303(f), 303(g), and 303(r)   of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 303(c), 303(f), 303(g), and 303(r).  X-  _26. ` ` Initial Regulatory Flexibility Analysis: An initial regulatory flexibility analysis is contained in Appendix C.  X-  27. ` ` Ex Parte Presentations. The rule making proposals in this Second Notice of  X-  Proposed Rule Making constitute a nonrestricted notice and comment rule making proceeding.  X-  Ex parte presentations are permitted, except during the Sunshine Agenda period, provided they  X-  are disclosed as provided in Commission rules. See generally 47 C.F.R.  1.1202, 1.1203, and 1.1206(a).  XX-  28. ` ` Comments. Pursuant to applicable procedures set forth in Sections 1.415 and 1.419  XC-  .of the Commission's Rules, interested parties may file comments on or before "h~August XX, 1997  "h~  [45 days after"C ( &,-(-(ZZ"  X-  Federal Register publication] , and reply comments on or before [75 days after Federal  X-  xRegister publication] . All relevant and timely comment will be considered by the Commission  X-  before final action is taken in this proceeding. Comments relevant to the Public Safety  X-  Proceeding and comments relevant to any subsequent proceeding to establish service rules for   spectrum in the 746806 MHz band will be incorporated into the record in those proceedings, and   considered before final action is taken. To file formally in this proceeding, participants must file   an original and four copies of all comments, reply comments, and supporting comments. If   [participants want each Commissioner to receive a personal copy of their comments, an original   .plus nine copies must be filed. Comments and reply comments should be sent to Office of the   Secretary, Federal Communications Commission, Washington, D.C. 20554. Comments and reply   comments will be available for public inspection during regular business hours in the FCC   Reference Center (Room 239) of the Federal Communications Commission, 1919 M. Street, N.W., Washington, D.C. 20554.  X -  29. ` ` For further information concerning this rule making contact Sean White at (202)   4182453 or email swhite@fcc.gov, Office of Engineering and Technology, Federal Communications Commission, Washington, D.C. 20554. ` `  1AFEDERAL COMMUNICATIONS COMMISSION ` `  1AWilliam F. Caton ` `  1AActing Secretary"  &,-(-(ZZV"  X-A APPENDIX A ă  X-M: Proposed Rules ă Part 2 of title 47 of the Code of Federal Regulations is proposed to be amended as follows:  Xv- PART 2 FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; X_-GENERAL RULES AND REGULATIONS   X1-X` Vp x (#%'0*,.8135@8:"V*>"{*>"R*>"h!*>"'*>"4,*&   +  1& &&  614 ! 746 BROADCASTING S5.296 S5.300 S5.311 S5.312i  614 ! 746 BROADCASTING Fixed Mobile S5.293 S5.309 S5.310 S5.311i  614 ! 746 FIXED MOBILE BROADCASTING S5.311 i  614 ! 746i  614 ! 746 BROADCASTING NG128 NG149i   RADIO BROADCAST (TV) (73) Auxiliary Broadcasting (74)i "6-&+    >& &G&  746 ! 790 BROADCASTING S5.296 S5.300 S5.311 S5.312   746 ! 790 BROADCASTING Fixed Mobile S5.293 S5.309 S5.310 S5.311  746 ! 790 FIXED MOBILE BROADCASTING S5.311  746 ! 790  746 ! 790 FIXED MOBILE BROADCASTING NG128 NG149 NG158 NG159G FIXED MICROWAVE (101) PRIVATE LAND MOBILE (90) RADIO BROADCAST (TV) (73) Auxiliary Broadcasting (74)G"6-&  5  i & &G&  790 ! 806 FIXED BROADCASTING S5.312 S5.313 S5.314 S5.315 S5.316 N 790 ! 806 BROADCASTING Fixed Mobile S5.293 S5.309 S5.310 N 790 ! 806 FIXED MOBILE BROADCASTING N 790 ! 806N 790 ! 806 FIXED MOBILE BROADCASTING NG128 NG158 NG159N FIXED MICROWAVE (101) PRIVATE LAND MOBILE (90) RADIO BROADCAST (TV) (73) Auxiliary Broadcasting (74)N"6-&5    & && "*k"V*k"{*k"R*k"h!*k"'*k"4,*  N L9ki '3'3Standardindows FormSX\ 3'3'Standardindows FormSX\ X  X   "k& x"  X-#Xj\  P6G;_,XP# X SINTERNATIONAL FOOTNOTES l e* * * * * I. New "S" Numbering Scheme e* * * * * e  XH-  4eS5.29344Different category of service: in Chile, Colombia, Cuba, the United States, Guyana,   .Honduras, Jamaica, Mexico and Panama, the allocation of the bands 470-512 MHz and 614-806   MHz to the fixed and mobile services is on a primary basis, (see No.S5.33), subject to agreement obtained under Article 14/No. S9.21.  X - ~eS5.29644Additional allocation: in Germany, Austria, Belgium, Cyprus, Denmark, Spain,   Finland, France, Ireland, Israel, Italy, Libya, Malta, Morocco, Monaco, Norway, the Netherlands,   =Portugal, the United Kingdom, Sweden, Switzerland, Swaziland, Syria, Tunisia and Turkey, the   band 470-790 MHz is also allocated on a secondary basis to the land mobile service, intended   for applications ancillary to broadcasting. Stations of the land mobile service in the countries   Lmentioned in this footnote, shall not cause harmful interference to existing or planned stations   yoperating in accordance with the Table of Frequency Allocations in countries other than those listed in this footnote.  X -  eS5.300  Additional allocation: in Israel, Libya, Syria and Sudan, the band 582-790 MHz is also allocated to the fixed and mobile, except aeronautical mobile, services on a secondary basis.  X- |eS5.30944Different category of service: in Costa Rica, El Salvador and Honduras, the allocation   of the band 614-806 MHz to the fixed service is on a primary basis (see No. S5.33), subject to agreement obtained under Article 14/No. S9.21.  Xm- BeS5.31044Additional allocation: in Cuba, the band 614-890 MHz is also allocated to the   yradionavigation service on a primary basis, subject to agreement obtained under Article 14/No. S9.21. e  X- 2eS5.31144Within the frequency band 620-790 MHz, assignments may be made to television   jstations using frequency modulation in the broadcastingsatellite service subject to agreement   between the administrations concerned and those having services, operating in accordance with   the Table, which may be affected (see Resolutions 33 and 507). Such stations shall not produce  X!-  a power fluxdensity in excess of the value !129dB(W/m2) for angles of arrival less than 20 (see   {Recommendation705) within the territories of other countries without the consent of the administrations of those countries. e  X[%- "eS5.31244Additional allocation: in Armenia, Azerbaijan, Belarus, Bulgaria, Georgia, Hungary,   LKazakhstan, Latvia, Lithuania, Moldova, Mongolia, Uzbekistan, Poland, Kyrgyzstan, Slovakia,   the Czech Republic, Romania, Russia, Tajikistan, Turkmenistan and Ukraine, the band 645-862 MHz is also allocated to the aeronautical radionavigation service on a primary basis. ")&,**("Ԍ X- eS5.31344Alternative allocation: in Spain and France, the band 790-830MHz is allocated to the broadcasting service on a primary basis.  X- eS5.31444Additional allocation: in Austria, Italy, the United Kingdom and Swaziland, the band 790-862 MHz is also allocated to the land mobile service on a secondary basis.  Xz- eS5.31544Alternative allocation: in Greece, Italy, Morocco and Tunisia, the band 790-838 MHz is allocated to the broadcasting service on a primary basis.  X7- eS5.31644Additional allocation: in Germany, Bosnia and Herzegovina, Burkina Faso, Cameroon,   C=te d'Ivoire, Croatia, Denmark, Egypt, Finland, Israel, Kenya, The Former Yugoslav Republic   of Macedonia, Libya, Liechtenstein, Monaco, Norway, the Netherlands, Portugal, Sweden,   .Switzerland and Yugoslavia, the band 790-830MHz, and in these same countries and in Spain,   jFrance, Gabon, Malta and Syria, the band 830-862 MHz, are also allocated to the mobile, except   aeronautical mobile, service on a primary basis. However, stations of the mobile service in the   countries mentioned in connection with each band referred to in this footnote shall not cause   harmful interference to, or claim protection from, stations of services operating in accordance with the Table in countries other than those mentioned in connection with the band. e* * * * * NONGOVERNMENT (NG) FOOTNOTES e* * * * *  X- _eNG14944The frequency bands 5472 MHz, 7688 MHz, 174216 MHz, 470512 MHz, 512608   MHz, and 614746 MHz are also allocated to the fixed service to permit subscription television operations in accordance with Part 73 of the rules. e* * * * *  eNG158 The frequency bands 764776 MHz and 794806 MHz are available for assignment exclusively to the public safety radio services, as defined by Section 90.15 of this Chapter.  >eNG159 Existing and new television and digital television (DTV) broadcasting operations in   the 746806 MHz band will be entitled to protection from harmful interference until the end of   kthe DTV transition period. After the end of the DTV transition period, the Commission may   assign licenses in the 746806 MHz band without regard to existing television and DTV operations. "Y%&,** $"  X-A APPENDIX B ă  MeThe following pages contain a list of all TV stations currently licensed in the United States,   effective May 16, 1997, including construction permits and pending applications; maps showing   the Grade B contours of all cochannel and adjacent channel (including channel 59) TV stations in the United States; and a list of DTV stations to be added during the DTV transition period. "v&,**F"  X- , A APPENDIX C  X-  X-  Initial Regulatory Flexibility Analysis ă  X- eAs required by the Regulatory Flexibility Act,' yO-#X\  P6G;>P##X\  P6G;>P#э 5 U.S.C.  603. the Commission has prepared an Initial   Regulatory Flexibility Analysis of the expected significant economic impact on small entities by  Xv-  the policies and rules proposed in this  Notice of Proposed Rule Making (Notice). Written public   Lcomments are requested on the IRFA. Comments must be identified as responses to the IRFA  XJ-  yand must be filed by the deadlines for comments on the Notice provided above. The Secretary   jshall send a copy of this Notice, including the IRFA, to the Chief Counsel for Advocacy of the  X -Small Business Administration.k( X {O' -#X\  P6G;>P#э See id.  603(a).k  X - A. Need for and Objectives of the Proposed Rules.  X -  eThis Notice proposes to reallocate the 746806 MHz band, television (TV) Channels 6069,   to other services. We propose to allocate 24 megahertz at 764776 MHz and 794806 MHz for  X-  public safety use. We propose to allocate the remaining 36 megahertz at 746764 MHz and 776  794 MHz to the fixed and mobile services, and to retain the allocation to the broadcasting service   in these bands. We further propose to protect fullpower TV stations in the band until the   transition to digital television (DTV) is complete, and to retain the secondary status in the band   of Low Power TV (LPTV) and TV translator stations. These allocations would help alleviate a   critical shortage of public safety spectrum, make new technologies and services available to the  X -American public, and allow more efficient use of spectrum in the 746806 MHz band.  X-  X- B. Legal Basis.  eThe proposed action is taken pursuant to Sections 4(i), 303(c), 303(f), 303(g), and 303(r) of   \the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 303(c), 303(f), 303(g), and 303(r).  XR-  ! C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply.  X$- e1. Definition of a "Small Business"   eUnder the RFA, small entities may include small organizations, small businesses, and small   zgovernmental jurisdictions. 5 U.S.C.  601(6). The RFA, 5 U.S.C.  601(3), generally defines   the term "small business" as having the same meaning as the term "small business concern" under   the Small Business Act, 15 U.S.C.  632. A small business concern is one which: (1) is   independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies   any additional criteria established by the Small Business Administration ("SBA"). According to   the SBA's regulations, entities engaged in television broadcasting Standard Industrial"U%(,**E$"   Classification ("SIC") Code 4833 Television Broadcasting Stations, may have a maximum of   $10.5 million in annual receipts in order to qualify as a small business concern. This standard also applies in determining whether an entity is a small business for purposes of the RFA. e2. Issues in Applying the Definition of a "Small Business"  yeAs discussed below, we could not precisely apply the foregoing definition of "small business"   in developing our estimates of the number of small entities to which the rules will apply. Our estimates reflect our best judgments based on the data available to us.  eAn element of the definition of "small business" is that the entity not be dominant in its field   yof operation. We were unable at this time to define or quantify the criteria that would establish   whether a specific television station is dominant in its field of operation. Accordingly, the   following estimates of small businesses to which the new rules will apply do not exclude any   television station from the definition of a small business on this basis and are therefore   joverinclusive to that extent. An additional element of the definition of "small business" is that   the entity must be independently owned and operated. As discussed further below, we could not   -fully apply this criterion, and our estimates of small businesses to which the rules may apply may   kbe overinclusive to this extent. The SBA's general size standards are developed taking into   account these two statutory criteria. This does not preclude us from taking these factors into account in making our estimates of the numbers of small entities. e3. Television Station Estimates Based on Census Data  X- eThe Notice of Proposed Rule Making will affect full service television stations, TV translator   mfacilities, and LPTV stations. The Small Business Administration defines a television  X-  broadcasting station that has no more than $10.5 million in annual receipts as a small business.) yO%-#X\  P6G;>P#э 13 C.F.R.  121.201, Standard Industrial Code (SIC) 4833 (1996).   ;Television broadcasting stations consist of establishments primarily engaged in broadcasting visual  X~-  programs by television to the public, except cable and other pay television services.4*~X yO-  #X\  P6G;>P#э Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, 1992 Census of Transportation, Communications and Utilities, Establishment and Firm Size, Series UC92S1, Appendix A9 (1995).4 Included  Xg-  kin this industry are commercial, religious, educational, and other television stations.+xg yO - 5i"#X\  P6G;>P#э{Id. See Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual (1987), at 283, which describes "Television Broadcasting Stations (SIC Code 4833) as:  eEstablishments primarily engaged in broadcasting visual programs by television to the public, except cable  and other pay television services. Included in this industry are commercial, religious, educational and other  television stations. Also included here are establishments primarily engaged in television broadcasting and which produce taped television program materials.G" Also   included are establishments primarily engaged in television broadcasting and which produce taped  X9-  =television program materials.,9  {O(-  Z#X\  P6G;>P#э Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, supra note 7, Appendix A9. Separate establishments primarily engaged in producing taped"9J ,,**"  X-television program materials are classified under another SIC number.- yOy-  #X\  P6G;>P#э Id.; SIC 7812 (Motion Picture and Video Tape Production); SIC 7922 (Theatrical Producers and Miscellaneous Theatrical Services (producers of live radio and television programs).  X- !eThere were 1,509 television stations operating in the nation in 1992..  yO-  -#X\  P6G;>P#э FCC News Release No. 31327, Jan. 13, 1993; Economics and Statistics Administration, Bureau of Census,  yOk-U.S. Department of Commerce, supra note 7, Appendix A9. That number has   remained fairly constant as indicated by the approximately 1,551 operating television broadcasting  X-  stations in the nation as of February 28, 1997.z/x yO -#X\  P6G;>P#э FCC News Release No. 7033, March 6, 1997.z For 1992R0 yO] -  #X\  P6G;>P#э Census for Communications' establishments are performed every five years ending with a "2" or "7". See  yO% -Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, supra note 7, at III.R the number of television stations that   produced less than $10.0 million in revenue was 1,155 establishments, or approximately 77  Xv-  jpercent of the 1,509 establishments.1Xv`  yO-  #X\  P6G;>P#э The amount of $10 million was used to estimate the number of small business establishments because the   relevant Census categories stopped at $9,999,999 and began at $10,000,000. No category for $10.5 million existed. Thus, the number is as accurate as it is possible to calculate with the available information. Thus, the rules will affect approximately 1,551 television  X_-  stations; approximately 1,194 of those stations are considered small businesses.$2_  yO-  #X\  P6G;>P#э We use the 77 percent figure of TV stations operating at less than $10 million for 1992 and apply it to the 1997 total of 1551 TV stations to arrive at 1,194 stations categorized as small businesses.$ These estimates   may overstate the number of small entities since the revenue figures on which they are based do   not include or aggregate revenues from nontelevision affiliated companies. We recognize that   \the rules may also impact minority and women owned stations, some of which may be small   entities. In 1995, minorities owned and controlled 37 (3.0%) of 1,221 commercial television  X -  kstations in the United States.3  yOu-  #X\  P6G;>P#э Minority Commercial Broadcast Ownership in the United States, U.S. Dep't of Commerce, National   Telecommunications and Information Administration, The Minority Telecommunications Development Program   ("MTDP") (April 1996). MTDP considers minority ownership as ownership of more than 50% of a broadcast   [corporation's stock, voting control in a broadcast partnership, or ownership of a broadcasting property as an  yO-  jindividual proprietor. Id. The minority groups included in this report are Black, Hispanic, Asian, and Native American. According to the U.S. Bureau of the Census, in 1987 women   .owned and controlled 27 (1.9%) of 1,342 commercial and noncommercial television stations in  X -the United States.4 P yO"-  #X\  P6G;>P#э See Comments of American Women in Radio and Television, Inc. in MM Docket No. 94149 and MM  yO#-  Docket No. 91140, at 4 n.4 (filed May 17, 1995), citing 1987 Economic Censuses, WomenOwned Business, WB87  -1, U.S. Dep't of Commerce, Bureau of the Census, August 1990 (based on 1987 Census). After the 1987 Census   report, the Census Bureau did not provide data by particular communications services (fourdigit Standard Industrial   Classification (SIC) Code), but rather by the general twodigit SIC Code for communications (#48). Consequently,   isince 1987, the U.S. Census Bureau has not updated data on ownership of broadcast facilities by women, nor does   the FCC collect such data. However, we sought comment on whether the Annual Ownership Report Form 323  yO7(-  Zshould be amended to include information on the gender and race of broadcast license owners. Policies and Rules  yO(-  Regarding Minority and Female Ownership of Mass Media Facilities, Notice of Proposed Rule Making, 10 FCC Rcd 2788, 2797 (1995)." 4,** "Ԍ {ԙeThere are currently 4,977 TV translator stations and 1,952 LPTV stations which would be  X-  affected by the allocation policy and other policies in this proceeding.z5 yOb-#X\  P6G;>P#э FCC News Release No. 7033, March 6, 1997.z The Commission does   not collect financial information of any broadcast facility and the Department of Commerce does   not collect financial information on these broadcast facilities. We will assume for present   purposes, however, that most of these broadcast facilities, including LPTV stations, could be   classified as small businesses. As indicated earlier, approximately 77 percent of television   stations are designated under this analysis as potentially small business. Given this, LPTV and   TV translator stations would not likely have revenues that exceed the SBA maximum to be designated as small businesses. e4. Alternative Classification of Small Television Stations  zeAn alternative way to classify small television stations is by the number of employees. The   Commission currently applies a standard based on the number of employees in administering its  X -  Equal Employment Opportunity ("EEO") rule for broadcasting.6x X yO-  #X\  P6G;>P#э The Commission's definition of a small broadcast station for purposes of applying its EEO rule was adopted   <prior to the requirement of approval by the Small Business Administration pursuant to Section 3(a) of the Small   ,Business Act, 15 U.S.C.  632(a), as amended by Section 222 of the Small Business Credit and Business Opportunity   Enhancement Act of 1992, Pub. L. No. 102366,  222(b)(1), 106 Stat. 999 (1992), as further amended by the Small   Business Administration Reauthorization and Amendments Act of 1994, Pub. L. No. 103403,  301, 108 Stat. 4187  yO-  ,(1994). However, this definition was adopted after public notice and an opportunity for comment. See Report and  yOw-Order in Docket No. 18244, 23 FCC 2d 430 (1970). Thus, radio or television   stations with fewer than five fulltime employees are exempted from certain EEO reporting and  X-  recordkeeping requirements.7 yO-  <#X\  P6G;>P#э See, e.g., 47 C.F.R.  73.3612 (Requirement to file annual employment reports on Form 395B applies to  yO-  Zlicensees with five or more fulltime employees); First Report and Order in Docket No. 21474 (In the Matter of   Amendment of Broadcast Equal Employment Opportunity Rules and FCC Form 395), 70 FCC 2d 1466 (1979). The   Commission is currently considering how to decrease the administrative burdens imposed by the EEO rule on small  yO-  hstations while maintaining the effectiveness of our broadcast EEO enforcement. Order and Notice of Proposed Rule  yO-  xMaking in MM Docket No. 9616 (In the Matter of Streamlining Broadcast EEO Rule and Policies, Vacating the   EEO Forfeiture Policy Statement and Amending Section 1.80 of the Commission's Rules to Include EEO Forfeiture   Guidelines), 11 FCC Rcd 5154 (1996). One option under consideration is whether to define a small station for  yO-purposes of affording such relief as one with ten or fewer fulltime employees. Id. at  21. We estimate that the total number of commercial television   mstations with 4 or fewer employees is 132 and that the total number of noncommercial  Xb-educational television stations with 4 or fewer employees is 136. 8bh yO{"-  #X\  P6G;>P#э We base this estimate on a compilation of 1995 Broadcast Station Annual Employment Reports (FCC Form 395B), performed by staff of the Equal Opportunity Employment Branch, Mass Media Bureau, FCC.   X4- k eWe have concluded that the 746806 MHz band can be recovered immediately, and that it is   in the public interest to reallocate this spectrum to uses in addition to TV broadcasting. We   kbelieve that such a reallocation is possible while continuing to protect TV. There are 95 full   power TV stations, either operating or with approved construction permits, in Channel 6069.   There are also nine proposed stations, and approximately 15 stations will be added during the   DTV transition period, for a total of approximately 119 nationwide. There are also approximately"8,**q"   Z1,366 LPTV stations and TV translator stations in the band, operating on a secondary basis to full   power TV stations. We propose to immediately reallocate the 746806 MHz band in order to maximize the public benefit available from its use.  X-  eThe RFA also includes small governmental entities as a part of the regulatory flexibility  X-  yanalysis.f9 yO-#X\  P6G;>P#э 5 U.S.C.  601(5).f The definition of a small governmental entity is one with a population of fewer than  Xv-  50,000.Z:vX {O -#X\  P6G;>P#э Id.Z There are approximately 85,006 governmental entities in the nation.;v yO -#X\  P6G;>P#э 1992 Census of Governments, U.S. Bureau of the Census, U.S. Department of Commerce. This number   iincludes such entities as states, counties, cities, utility districts and school districts. There are no   !figures available on what portion of this number have populations of fewer than 50,000.   However, this number includes 38,978 counties, cities and towns, and of those, 37,566, or 96  X -  =percent, have populations of fewer than 50,000.`< z {OE-#X\  P6G;>P#э  Id.` The Census Bureau estimates that this ratio   is approximately accurate for all governmental entities. Thus, of the approximately 85,006   governmental entities, we estimate that 96 percent, or 81,600, are small entities that may be affected by our rules.  X -   D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements.  Xy- eNone.  X4-  G" E. Significant Alternatives to Proposed Rules which Minimize Significant Economic Impact  X-on Small Entities and Accomplish Stated Objectives.  eWe do not propose to provide LPTV and TV translator stations with the same protection   afforded to fullpower TV stations. Because of the large number of such stations, protecting   them would significantly diminish the utility of the 746806 MHz band to both public safety and   commercial users. Also, LPTV and TV translator stations are secondary in this band, and we   Lhave proposed to make public safety and commercial services primary in the band. We remain   concerned, however, for the interests of LPTV and TV translator stations because they are a   jvaluable part of the American telecommunications structure and economy. For this reason, we   [seek measures which will allow as many LPTV and TV translator stations as possible to remain   in operation. At a minimum, we propose to continue the secondary status of these stations, so   -that they will not be required to change or cease their operations until they actually interfere with   one of the newlyallocated services. We also request comment on a number of measures which   may alleviate the impact of reallocation of the 746806 MHz band on LPTV and TV translator   stations. We request comment on these options, with emphasis on how we can ensure fairness   to all licensees, and how we can best balance the interests of current and future licensees to the benefit of the public. "" <,**!"Ԍ X- F. Federal Rules that May Duplicate, Overlap, or Conflict with the Proposed Rules. eNone.