Facilitating the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands, 1189-1190 [05-258]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Rules and Regulations
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
VerDate jul<14>2003
18:52 Jan 05, 2005
Jkt 205001
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation. This rule fits within
paragraph (34)(g) because it is a security
zone. Under figure 2–1, paragraph
(34)(g), of the Instruction, an
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are not required for this
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165, as follows:
I
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
1189
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. A new temporary section 165.T07–
100 is added to read as follows:
§ 165.T07–145 Security Zone; Charleston
Harbor, Cooper River, South Carolina
(a) Regulated area. The Coast Guard is
establishing a temporary fixed security
zone on all waters of the Cooper River,
bank-to-bank, from the Don Holt I–526
Bridge to the intersection of Foster
Creek at a line on 32 degrees 58 minutes
North Latitude.
(b) Regulations. Vessels or persons are
prohibited from entering, transiting,
mooring, anchoring, or loitering within
the Regulated Area unless authorized by
the Captain of the Port Charleston,
South Carolina or his or her designated
representative. Persons desiring to
transit the area of the security zone may
contact the Captain of the Port via VHF–
FM channel 16 or by telephone (843)
720–3240 to seek permission to transit
the area. If permission is granted, all
persons and vessels must comply with
the instructions of the Captain of the
Port or his or her designated
representative.
(c) Effective period. This section is
effective from 8 a.m. on December 16,
2004, until 8 a.m. on June 1, 2005.
Dated: December 16, 2004.
David Murk,
Lieutenant Commander, U.S. Coast Guard,
Acting Captain of the Port, Charleston, South
Carolina.
[FR Doc. 05–231 Filed 1–5–05; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 27
[WT Docket No. 03–66; RM–10586, FCC 04–
135]
Facilitating the Provision of Fixed and
Mobile Broadband Access,
Educational and Other Advanced
Services in the 2150–2162 and 2500–
2690 MHz Bands
Federal Communications
Commission.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: The Federal Communications
Commission (FCC) is correcting a final
E:\FR\FM\06JAR1.SGM
06JAR1
1190
Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Rules and Regulations
rule that appeared in the Federal
Register of December 10, 2004 (69 FR
72020). This document renamed the
Instructional Television Fixed Service
(ITFS) as the Educational Broadband
Service (EBS) and renaming the
Multichannel Multipoint Distribution
Service (MMDS) and the Multipoint
Distribution Service (MDS) as the
Broadband Radio Service (BRS). The
rules restructure the 2500–2690 MHz
band, designate the 2495–2500 MHz
band for use in connection with the
2500–2690 MHz band, establish a plan
to transition licenses to the restructured
2500–2690 MHz band, adopt licensing,
service, and technical rules to govern
licensees in the EBS and BRS, permit
spectrum leasing for BRS and EBS
licensees under the Commission’s
secondary markets leasing policies and
procedures, and permit unlicensed
operation in the 2655–2690 MHz band.
DATES: Effective January 10, 2005.
FOR FURTHER INFORMATION CONTACT:
Genevieve Ross or Nancy Zaczek at
202–418–2487.
SUPPLEMENTARY INFORMATION: In FR 04–
26830 appearing on page 72020 in the
Federal Register of Friday, December
10, 2004, the following corrections are
made:
PART 27—[CORRECTED]
§ 27.50
[Corrected]
1. On page 72033, in the third column,
section 27.50 is amended by adding
paragraphs (h)(3) and (h)(4) as follows:
I
§ 27.50
Power limits.
*
*
*
*
*
(h) * * *
(3) For television transmission, the
peak power of the accompanying aural
signal must not exceed 10 percent of the
peak visual power of the transmitter.
The Commission may order a reduction
in aural signal power to diminish the
potential for harmful interference.
(4) For main, booster and response
stations utilizing digital emissions with
non-uniform power spectral density
(e.g. unfiltered QPSK), the power
measured within any 100 kHz
resolution bandwidth within the 6 MHz
channel occupied by the non-uniform
emission cannot exceed the power
permitted within any 100 kHz
resolution bandwidth within the 6 MHz
channel if it were occupied by an
emission with uniform power spectral
density, i.e., if the maximum
permissible power of a station utilizing
a perfectly uniform power spectral
density across a 6 MHz channel were
2000 watts EIRP, this would result in a
maximum permissible power flux
VerDate jul<14>2003
18:52 Jan 05, 2005
Jkt 205001
density for the station of 2000/60 = 33.3
watts EIRP per 100 kHz bandwidth. If a
non-uniform emission were substituted
at the station, station power would still
be limited to a maximum of 33.3 watts
EIRP within any 100 kHz segment of the
6 MHz channel, irrespective of the fact
that this would result in a total 6 MHz
channel power of less than 2000 watts
EIRP.’’
*
*
*
*
*
§ 27.53
[Corrected]
2. On page 72034, in the second
column, section 27.53 is amended by
adding paragraphs (l)(6) and (l)(7) as
follows:
I
§ 27.53
Emission limits.
*
*
*
*
*
(l) * * *
(6) Measurement procedure.
Compliance with these rules is based on
the use of measurement instrumentation
employing a resolution bandwidth of 1
MHz or greater. However, in the 1 MHz
bands immediately outside and adjacent
to the frequency block a resolution
bandwidth of at least one percent of the
emission bandwidth of the fundamental
emission of the transmitter may be
employed. A narrower resolution
bandwidth is permitted in all cases to
improve measurement accuracy
provided the measured power is
integrated over the full required
measurement bandwidth (i.e. 1 MHz or
1 percent of emission bandwidth, as
specified). The emission bandwidth is
defined as the width of the signal
between two points, one below the
carrier center frequency and one above
the carrier center frequency, outside of
which all emissions are attenuated at
least 26 dB below the transmitter power.
With respect to television operations,
measurements must be made of the
separate visual and aural operating
powers at sufficiently frequent intervals
to ensure compliance with the rules.
(7) Alternative out of band emission
limit. Licensees in this service may
establish an alternative out of band
emission limit to be used at specified
band edge(s) in specified geographical
areas, in lieu of that set forth in this
section, pursuant to a private
contractual arrangement of all affected
licensees and applicants. In this event,
each party to such contract shall
maintain a copy of the contract in their
station files and disclose it to
prospective assignees or transferees and,
upon request, to the FCC.
*
*
*
*
*
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
§ 27.1221
[Corrected]
3. On page 72041, in the first column,
section 27.1221 is amended by adding
paragraphs (c), (d), and (e) as follows:
I
§ 27.1221
Interference protection.
*
*
*
*
*
(c) Protection for a Receiving-Antenna
not Exceeding the Height Benchmark. A
base station receive-antenna with an
HAAT less than or equal to the height
benchmark relative to a neighbor’s
transmitting base station will be
protected if that station’s HAAT exceeds
its height benchmark. That station is
required to take such measures to limit
the undesired signal at the receiving
base station to ¥109dBm or less.
(d) No Protection from a
Transmitting-Antenna not Exceeding
the Height Benchmark. A base station
transmitting-antenna with an HAAT less
than or equal to the height benchmark
relative to a neighbor’s receiving
antenna is not required to protect that
receiving station, regardless of the
HAAT of that station.
(e) No Protection for a ReceivingAntenna Exceeding the Height
Benchmark. A base station transmittingantenna with an HAAT greater than the
height benchmark relative to a
neighbor’s receiving antenna is not
required to protect that receiving
antenna if its HAAT is greater than its
height benchmark.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–258 Filed 1–5–05; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AH55
Endangered and Threatened Wildlife
and Plants; Mariana Fruit Bat
(Pteropus mariannus mariannus):
Reclassification From Endangered to
Threatened in the Territory of Guam
and Listing as Threatened in the
Commonwealth of the Northern
Mariana Islands
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), reclassify
from endangered to threatened status
the Mariana fruit bat (Pteropus
mariannus mariannus) from Guam,
E:\FR\FM\06JAR1.SGM
06JAR1
]]>Agencies
[Federal Register Volume 70, Number 4 (Thursday, January 6, 2005)]
[Rules and Regulations]
[Pages 1189-1190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-258]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 27
[WT Docket No. 03-66; RM-10586, FCC 04-135]
Facilitating the Provision of Fixed and Mobile Broadband Access,
Educational and Other Advanced Services in the 2150-2162 and 2500-2690
MHz Bands
AGENCY: Federal Communications Commission.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC) is correcting a
final
[[Page 1190]]
rule that appeared in the Federal Register of December 10, 2004 (69 FR
72020). This document renamed the Instructional Television Fixed
Service (ITFS) as the Educational Broadband Service (EBS) and renaming
the Multichannel Multipoint Distribution Service (MMDS) and the
Multipoint Distribution Service (MDS) as the Broadband Radio Service
(BRS). The rules restructure the 2500-2690 MHz band, designate the
2495-2500 MHz band for use in connection with the 2500-2690 MHz band,
establish a plan to transition licenses to the restructured 2500-2690
MHz band, adopt licensing, service, and technical rules to govern
licensees in the EBS and BRS, permit spectrum leasing for BRS and EBS
licensees under the Commission's secondary markets leasing policies and
procedures, and permit unlicensed operation in the 2655-2690 MHz band.
DATES: Effective January 10, 2005.
FOR FURTHER INFORMATION CONTACT: Genevieve Ross or Nancy Zaczek at 202-
418-2487.
SUPPLEMENTARY INFORMATION: In FR 04-26830 appearing on page 72020 in
the Federal Register of Friday, December 10, 2004, the following
corrections are made:
PART 27--[CORRECTED]
Sec. 27.50 [Corrected]
0
1. On page 72033, in the third column, section 27.50 is amended by
adding paragraphs (h)(3) and (h)(4) as follows:
Sec. 27.50 Power limits.
* * * * *
(h) * * *
(3) For television transmission, the peak power of the accompanying
aural signal must not exceed 10 percent of the peak visual power of the
transmitter. The Commission may order a reduction in aural signal power
to diminish the potential for harmful interference.
(4) For main, booster and response stations utilizing digital
emissions with non-uniform power spectral density (e.g. unfiltered
QPSK), the power measured within any 100 kHz resolution bandwidth
within the 6 MHz channel occupied by the non-uniform emission cannot
exceed the power permitted within any 100 kHz resolution bandwidth
within the 6 MHz channel if it were occupied by an emission with
uniform power spectral density, i.e., if the maximum permissible power
of a station utilizing a perfectly uniform power spectral density
across a 6 MHz channel were 2000 watts EIRP, this would result in a
maximum permissible power flux density for the station of 2000/60 =
33.3 watts EIRP per 100 kHz bandwidth. If a non-uniform emission were
substituted at the station, station power would still be limited to a
maximum of 33.3 watts EIRP within any 100 kHz segment of the 6 MHz
channel, irrespective of the fact that this would result in a total 6
MHz channel power of less than 2000 watts EIRP.''
* * * * *
Sec. 27.53 [Corrected]
0
2. On page 72034, in the second column, section 27.53 is amended by
adding paragraphs (l)(6) and (l)(7) as follows:
Sec. 27.53 Emission limits.
* * * * *
(l) * * *
(6) Measurement procedure. Compliance with these rules is based on
the use of measurement instrumentation employing a resolution bandwidth
of 1 MHz or greater. However, in the 1 MHz bands immediately outside
and adjacent to the frequency block a resolution bandwidth of at least
one percent of the emission bandwidth of the fundamental emission of
the transmitter may be employed. A narrower resolution bandwidth is
permitted in all cases to improve measurement accuracy provided the
measured power is integrated over the full required measurement
bandwidth (i.e. 1 MHz or 1 percent of emission bandwidth, as
specified). The emission bandwidth is defined as the width of the
signal between two points, one below the carrier center frequency and
one above the carrier center frequency, outside of which all emissions
are attenuated at least 26 dB below the transmitter power. With respect
to television operations, measurements must be made of the separate
visual and aural operating powers at sufficiently frequent intervals to
ensure compliance with the rules.
(7) Alternative out of band emission limit. Licensees in this
service may establish an alternative out of band emission limit to be
used at specified band edge(s) in specified geographical areas, in lieu
of that set forth in this section, pursuant to a private contractual
arrangement of all affected licensees and applicants. In this event,
each party to such contract shall maintain a copy of the contract in
their station files and disclose it to prospective assignees or
transferees and, upon request, to the FCC.
* * * * *
Sec. 27.1221 [Corrected]
0
3. On page 72041, in the first column, section 27.1221 is amended by
adding paragraphs (c), (d), and (e) as follows:
Sec. 27.1221 Interference protection.
* * * * *
(c) Protection for a Receiving-Antenna not Exceeding the Height
Benchmark. A base station receive-antenna with an HAAT less than or
equal to the height benchmark relative to a neighbor's transmitting
base station will be protected if that station's HAAT exceeds its
height benchmark. That station is required to take such measures to
limit the undesired signal at the receiving base station to -109dBm or
less.
(d) No Protection from a Transmitting-Antenna not Exceeding the
Height Benchmark. A base station transmitting-antenna with an HAAT less
than or equal to the height benchmark relative to a neighbor's
receiving antenna is not required to protect that receiving station,
regardless of the HAAT of that station.
(e) No Protection for a Receiving-Antenna Exceeding the Height
Benchmark. A base station transmitting-antenna with an HAAT greater
than the height benchmark relative to a neighbor's receiving antenna is
not required to protect that receiving antenna if its HAAT is greater
than its height benchmark.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-258 Filed 1-5-05; 8:45 am]
BILLING CODE 6712-01-P
