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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Amendment of the Commission's Rules ) ET Docket No. 97-99 to Relocate the Digital Electronic Message ) Service From the 18 GHz Band to the ) 24 GHz Band and to Allocate the ) 24 GHz Band For Fixed Service ) ORDER Adopted: September 26, 1997; Released: October 14, 1997 By the Commission: I. INTRODUCTION 1. By this action, the Commission amends Parts 74, 78, and 101 of its rules regarding, respectively, Auxiliary Broadcast Services, Cable Television Relay Service, and Fixed Microwave Services to specify permanent coordination criteria between these services and Government operations in the 17.8-19.7 GHz band. This action is being taken to advance, support, and accommodate the national defense. II. BACKGROUND 2. This proceeding was initiated pursuant to a request from the National Telecommunications and Information Administration (NTIA), on behalf of the Department of Defense, to protect Government Earth stations in the 17.8-19.7 GHz band in the Washington, DC, and Denver, CO, areas in the interest of national security. In the original Order in this proceeding (Reallocation Order), we amended our Table of Frequency Allocations and Part 101 of our rules to permit Fixed Service use of the 24.25-24.45 GHz and 25.05-25.25 GHz bands ("24 GHz band"). We took that action to facilitate relocation of the digital electronic message service ("DEMS") from the 18.82-18.92 GHz and 19.16-19.26 GHz bands ("18 GHz band") to the 24 GHz band. 3. NTIA also requested that we establish coordination zones for fixed service licensees located at 18 GHz. Specifically, to protect Government users, NTIA requested that we replace our interim coordination procedures for non-DEMS fixed services in the 18 GHz band with permanent coordination requirements. In the Reallocation Order, we stated that we would adopt rules consistent with the exclusion and coordination requirements requested by NTIA in a future Order. However, we found it necessary in the Reallocation Order to immediately modify the rules for low power operations at 18 GHz. We explained that because low power operations are licensed on an area basis, it is very difficult to ensure that individual transmitters are properly coordinated with Government operations. Accordingly, to help ensure protection of Government operations at 18 GHz, we prohibited any new low power operations within 55 km when used outdoor and 20 km when used indoor of the coordinates 38ø 48 N and 76ø 2 W (Washington, D.C., area) and 39ø 43 N and 104ø 46 W (Denver, CO, area). Finally, we stated that pending adoption of a future Order consistent with NTIA's request, we would continue to protect Government operations at 18 GHz from other non-Government operations by using the interim procedures currently in place. III. DISCUSSION 4. As requested by NTIA, we establish for the 17.8-19.7 GHz band permanent exclusion and coordination zones with regard to applicable Auxiliary Broadcast (Part 74), Cable Television Relay (Part 78), and Fixed Microwave (Part 101) operations in the Washington, D.C. and Denver, Colorado. This action is necessary to minimize potential interference to Government operations. Our action herein will ensure that Government satellite Earth stations important to national security will operate without harmful interference being caused by non-Government operations. IV. PROCEDURAL MATTERS 5. As more fully discussed in the previous paragraph, we take this action to minimize the likelihood of interference to military communications. Accordingly, we find that notice and comment procedures are unnecessary and contrary to the public interest, and need not be followed prior to the adoption of these rules. See 5 U.S.C.  553 (a)(1), (b)(3)(B); Bendix Aviation Corp. v. F.C.C., 272 F.2d 533 (D.C. Cir. 1959), cert. denied sub nom. Aeronautical Radio, Inc. v. U.S., 361 U.S. 965 (1960). V. ORDERING CLAUSE 6. Accordingly, IT IS ORDERED that Parts 74, 78, and 101 of the Commission's Rules ARE AMENDED as specified in the Appendix, effective 30 days after publication in the Federal Register. This action is authorized by Sections 4(i), 303(c), 303(f), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Section 154(i), 303(c), 303(f), and 303(r). FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary APPENDIX: FINAL RULES Parts 74, 78, and 101 of Title 47 of the Code of Federal Regulations are amended as follows: A. Part 74 of Chapter I of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority citation in Part 74 continues to read: AUTHORITY: Secs. 4, 303, 48 Stat. 1066, as amended, 1082, as amended; 47 U.S.C. 154, 303, 554. 2. Section 74.32 is added to read as follows:  74.32 Operation in the 17.8-19.7 GHz band. To minimize or avoid harmful interference to Government Satellite Earth Stations located in the Denver, Colorado and Washington, D.C. areas, any application for a new station license to operate in the 17.8 - 19.7 GHz band, or for modification of an existing station license in this band which would change the frequency, power, emission, modulation, polarization, antenna height or directivity, or location of such a station, must be coordinated with the Federal Government by the Commission before an authorization will be issued, if the station or proposed station is located in whole or in part within any of the areas defined by the following rectangles or circles: Denver, CO area Rectangle 1: 41o 30' 00" N. Lat. on the north 103o 10' 00" W. Long. on the east 38o 30' 00" N. Lat. on the south 106o 30' 00" W. Long. on the west Rectangle 2: 38o 30' 00" N. Lat. on the north 105o 00' 00" W. Long. on the east 37o 30' 00" N. Lat. on the south 105o 50' 00" W. Long. on the west Rectangle 3: 40o 08' 00" N. Lat. on the north 107o 00' 00" W. Long. on the east 39o 56' 00" N. Lat. on the south 107o 15' 00" W. Long. on the west Washington, D.C. area Rectangle 38o 40' 00" N. Lat. on the north 78o 50' 00" W. Long. on the east 38o 10' 00" N. Lat. on the south 79o 20' 00" W. Long. on the west or Within a radius of 178 km of 38o 48' 00" N. Lat. / 76o 52' 00" W. Long. In addition, no application seeking authority to operate in the 17.8 - 19.7 GHz band will be accepted for filing if the proposed station is located within 20 km of the following coordinates: Denver, CO area: 39o 43' 00" N. Lat. / 104o 46' 00" W. Long. Washington, DC area: 38o 48' 00" N. Lat. / 76o 52' 00" W. Long. NOTE: The coordinates cited in this section are specified in terms of the North American Datum of 1983 (NAD 83) with an accuracy of ñ30 meters with respect to the National Spacial Reference System . B. Part 78 of Chapter I of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority citation in Part 78 continues to read: AUTHORITY: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152, 153, 154, 301, 303, 307, 308, 309. 2. Section 78.19 of this chapter is amended by adding paragraph (f) to read as follows:  78.19 Interference. * * * * * (f) Protection to the Federal Government's receive earth station operations in the Denver, Colorado and Washington D.C. areas in the 17,800 to 19,700 MHz band. (1) With the exception of applicants for a station authorization to operate within a 5 km radius of 39o 40' 23" N Lat. and 105o 13' 03" W Long (Morrison, CO), applicants will not be authorized to operate within a 50 km radius of 39o 43' 00" N Lat. and 104o 46' 00" W Long. (Denver, CO) and within a 50 km radius of 38o 48' 00" N Lat. and 76o 52' 00" W Long. (Washington, DC). (2) To minimize or avoid harmful interference to Government Satellite Earth Stations located in the Denver, Colorado and Washington, D.C. areas, any application for a new station license to operate in the 17.8 - 19.7 GHz band, or for modification of an existing station license in this band which would change the frequency, power, emission, modulation, polarization, antenna height or directivity, or location of such a station, must be coordinated with the Federal Government by the Commission before an authorization will be issued, if the station or proposed station is located in whole or in part within any of the areas defined by the following rectangles or circles: (i) A circular area within a 5 km radius of 39o 40' 23" N Lat. and 105o 13' 03" W Long. (Morrison, CO) (ii) Within the rectangular areas defined as follows (vicinity of Denver, CO): Rectangle 1: 41o 30' 00" N. Lat. on the north 103o 10' 00" W. Long. on the east 38o 30' 00" N. Lat. on the south 106o 30' 00" W. Long. on the west Rectangle 2: 38o 30' 00" N. Lat. on the north 105o 00' 00" W. Long. on the east 37o 30' 00" N. Lat. on the south 105o 50' 00" W. Long. on the west Rectangle 3: 40o 08' 00" N. Lat. on the north 107o 00' 00" W. Long. on the east 39o 56' 00" N. Lat. on the south 107o 15' 00" W. Long. on the west (iii) Within the rectangle and circle areas as follows (vicinity of Washington, DC): Rectangle 38o 40' 00" N. Lat. on the north 78o 50' 00" W. Long. on the east 38o 10' 00" N. Lat. on the south 79o 20' 00" W. Long. on the west or Within a radius of 178 km of 38o 48' 00" N. Lat. / 76o 52' 00" W. Long. NOTE: The coordinates cited in this section are specified in terms of the North American Datum of 1983 (NAD 83) with an accuracy of ñ30 meters with respect to the National Spacial Reference System . C. Part 101 of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority cite for Part 101 continues to read as follows: AUTHORITY: 47 U.S.C. 154 and 303, unless otherwise noted. 2. Section 101.123(d) is added to read as follows:  101.123 Quiet zones. * * * * * (d)(i) To minimize or avoid harmful interference to Government Satellite Earth Stations located in the Denver, Colorado and Washington, D.C. areas, any application for a new station license to operate in the 17.8 - 19.7 GHz band (except for low power operations governed by 101.147(r)(10)), or for modification of an existing station license in this band which would change the frequency, power, emission, modulation, polarization, antenna height or directivity, or location of such a station, must be coordinated with the Federal Government by the Commission before an authorization will be issued, if the station or proposed station is located in whole or in part within any of the areas defined by the following rectangles or circles: Denver, CO area Rectangle 1: 41o 30' 00" N. Lat. on the north 103o 10' 00" W. Long. on the east 38o 30' 00" N. Lat. on the south 106o 30' 00" W. Long. on the west Rectangle 2: 38o 30' 00" N. Lat. on the north 105o 00' 00" W. Long. on the east 37o 30' 00" N. Lat. on the south 105o 50' 00" W. Long. on the west Rectangle 3: 40o 08' 00" N. Lat. on the north 107o 00' 00" W. Long. on the east 39o 56' 00" N. Lat. on the south 107o 15' 00" W. Long. on the west Washington, D.C. area Rectangle 38o 40' 00" N. Lat. on the north 78o 50' 00" W. Long. on the east 38o 10' 00" N. Lat. on the south 79o 20' 00" W. Long. on the west or Within a radius of 178 km of 38o 48' 00" N. Lat. / 76o 52' 00" W. Long. (d)(ii) In addition, no application seeking authority to operate in the 17.8 - 19.7 GHz band will be accepted for filing if the proposed station is located within 20 km (or within 55 km if the application is for an outdoor low power operation pursuant to 101.147(r)(10)) of the following coordinates: Denver, CO area: 39o 43' 00" N. Lat. / 104o 46' 00" W. Long. Washington, DC area: 38o 48' 00" N. Lat. / 76o 52' 00" W. Long. NOTE: The coordinates cited in this section are specified in terms of the North American Datum of 1983 (NAD 83) with an accuracy of ñ30 meters with respect to the National Spacial Reference System . 3. Section 101.31 is revised to read as follows:  101.31 Special temporary, temporary, and conditional authorizations. * * * * * (b)(3) Except for operations in the 17.8 - 19.7 GHz band, the licensee of stations which are authorized pursuant to the provisions of paragraph (b) of this section shall notify the Commission at least five (5) days prior to installation of the facilities stating: * * * * * (b)(6) Operations in the 17.8 - 19.7 GHz band are prohibited in the areas defined in 101.123(d)(ii). Operations proposed in the areas defined in 101.123(d)(i) may not commence without prior specific notification to, and authorization from, the Commission. Such notification will contain the information specified in paragraph (b)(3) of this section. * * * * * (e)(v) The station site does not lie within 56.3 kilometers of any international border, within a radio "Quiet Zone" identified in 101.123 or, if operated on frequencies in the 17.8 - 19.7 GHz band, within any of the areas identified in 101.123(d) of this part. * * * * *