Broadband Over Power Line Systems, 49376-49380 [E6-13967]
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Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations
significant benefits once they achieve a 70
percent or greater self-booking rate.
19. Revise § 301–73.102 to read as
follows:
I
§ 301–73.102 May we grant a traveler an
exception from required use of TMS or ETS
once we have fully deployed ETS within the
agency?
(a) Yes, your agency head or his/her
designee may grant an individual case
by case exception to required use of
your agency’s current TMS or to
required use of ETS once it is fully
deployed within the agency, but only
when travel meets one of the following
conditions:
(1) Such use would result in an
unreasonable burden on mission
accomplishment (e.g., emergency travel
is involved and TMS/ETS is not
accessible; the traveler is performing
invitational travel; or the traveler has
special needs or requires disability
accommodations in accordance with
part 301–13 of this chapter).
(2) Such use would compromise a
national security interest.
(3) Such use might endanger the
traveler’s life (e.g., the individual is
traveling under the Federal witness
protection program, or is a threatened
law enforcement/investigative officer
traveling under part 301–31 of this
chapter).
(b) Any exception granted must be
consistent with any contractual terms
applicable to your current TMS or ETS,
once it is fully deployed, and must not
cause a breach of contract terms.
[FR Doc. E6–13917 Filed 8–22–06; 8:45 am]
BILLING CODE 6820–14–S
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 15
[ET Docket No. 04–37 and ET Docket No.
03–104; FCC 06–113]
Broadband Over Power Line Systems
Federal Communications
Commission.
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: This document responds to
the petitions for reconsideration of the
Commission’s rules for Access
Broadband over Power Line (Access
BPL) devices adopted in the Report and
Order in this proceeding. The
Commission is affirming the technical
rules for BPL, and denying petitions for
reconsideration that request delay,
further study, or the exclusion of
particular additional frequencies. The
Commission is amending the rules to
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change the exclusion zone requirement
for the ten listed radio astronomy
facilities to a consultation requirement,
and to add a new exclusion zone for one
Very Large Array (VLA) radio astronomy
observatory site at 73.0–74.6 MHz. In
addition, it is also amending the rules
to add prospective protection for
relocated aeronautical facilities and to
correct the coordinates and email
contact for the aeronautical facilities
subject to BPL consultation. The
Commission affirms the deadline for
requiring certification for any
equipment manufactured, imported or
installed on BPL systems, with the
proviso that uncertified equipment
already in inventory can be used for
replacing defective units or to
supplement equipment on existing
systems for one year within areas
already in operation. The Commission
believes these changes will further the
development and growth of BPL
devices. It is denying the petitions for
reconsideration in all other respects.
DATES: Effective September 22, 2006.
FOR FURTHER INFORMATION CONTACT: Anh
Wride, Office of Engineering and
Technology, (202) 418–0577, e-mail:
Anh.Wride@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
Memorandum Opinion and Order, ET
Docket No. 04–37, and ET Docket No.
03–104, adopted August 3, 2006 and
released August 7, 2006. The full text of
this document is available on the
Commission’s Internet site at
www.fcc.gov. It is also available for
inspection and copying during regular
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street, SW., Washington, DC 20554. The
full text of this document also may be
purchased from the Commission’s
duplication contractor, Best Copy and
Printing Inc., Portals II, 445 12th St.,
SW., Room CY–B402, Washington, DC
20554; telephone (202) 488–5300; fax
(202) 488–5563; e-mail
FCC@BCPIWEB.COM.
Summary of the Memorandum Opinion
and Order
1. In the Memorandum Opinion and
Order, the Commission further amends
part 15 of its rules regarding the
unlicensed operation of Access
broadband over power line (BPL)
systems. Specifically, the rules are
amended to change the exclusion zone
requirement for the ten listed radio
astronomy facilities to a consultation
requirement, and to add a new
exclusion zone for one Very Large Array
(VLA) radio astronomy observatory site
at 73.0–74.6 MHz. In addition, the
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Commission amends the rules to add
prospective protection for relocated
aeronautical facilities and to correct the
coordinates and email contact for the
aeronautical facilities subject to BPL
consultation. The Commission affirms
the July 7, 2006 deadline for requiring
certification for any equipment
manufactured, imported or installed on
BPL systems, with the proviso that
uncertified equipment already in
inventory can be used for replacing
defective units or to supplement
equipment on existing systems for one
year within areas already in operation.
The Commission believes these changes
will further the development and
growth of BPL devices. The Commission
denies the petitions for reconsideration
in all other respects.
A. Notification to the Access BPL
Database
2. In the Report and Order, 70 FR
1360, January 7, 2005, in this
proceeding, the Commission adopted a
requirement that the Access BPL
industry establish a publicly accessible
database for system information. Under
this requirement, entities operating
Access BPL systems must provide to the
BPL industry designated database
manager certain information on BPL
installations 30 days prior to the
initiation of any operation or service.
The BPL industry requested elimination
of this 30-day advance notification.
3. The Commission denied this
request. It stated that the purpose of the
database notification requirement is to
ensure that licensed users of the
spectrum have a publicly accessible and
centralized source of information on
BPL operations to determine whether
there may be Access BPL operations on
particular frequencies within their local
area so that any incident of harmful
interference can be resolved should it
occur. The Commission noted that the
BPL public database serves a unique
function to identify the location and
operating characteristics of BPL systems
to entities other than those entitled to
advance notification. The Commission
however provided several clarifications
regarding the notification process.
B. Transition Period
4. The rules adopted in the Report
and Order require that all Access BPL
devices that are manufactured,
imported, marketed or installed 18
months or later after the Federal
Register publication of the Report and
Order, i.e., after July 7, 2006, must
comply with the newly adopted
requirements of Subpart G of part 15 for
BPL devices, including certification of
the equipment. The BPL industry
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requested an extension for another 18month period.
5. The Commission denied this
request. It noted that an important
element of interference avoidance and
mitigation is the next generation of BPL
equipment and its adherence to the
rules adopted in the Report and Order.
However, because BPL equipment
manufacturers are only now submitting
equipment for certification under the
new rules, the Order permits for a
period of 1 year the installation of
existing equipment that otherwise meets
the part 15 rules to replace defective
units or to supplement equipment on
existing systems within the areas where
BPL systems are already in operation.
C. BPL Technical Parameters
6. Extrapolation factor. In the Report
and Order, the Commission specified
measurement guidelines that require
BPL systems to be tested in situ at three
typical installations with overhead
lines. Because it may not be possible or
practicable to measure at the proposed
fixed distances of 10 and 3 meters,
distance extrapolation would be
necessary for in situ testing and the
Report and Order requires the use of the
existing part 15 distance extrapolation
factors, i.e., 40 dB/decade for
frequencies below 30 MHz and 20 dB/
decade for frequencies above 30 MHz.
ARRL requested that the rules be
changed to use 20 dB/decade at all
frequencies for testing BPL systems.
7. The Commission denied ARRL’s
petition. It stated that ARRL did not
submit a convincing argument for
modifying this requirement, and
therefore it retains the existing
extrapolation factors in part 15.
8. Required Notch Depth. In the
Report and Order, the Commission
required that Access BPL systems have
the capability to remotely reduce power
and adjust operating frequencies to
avoid site-specific, local use of the same
spectrum used by licensed services.
Notch filters are required to be capable
of attenuating emissions to a level at
least 20 dB below the applicable part 15
limits in the case of frequencies below
30 MHz and to a level at least 10 dB
below the applicable part 15 limits in
the case of frequencies above 30 MHz.
ARRL requested technical analysis
supporting the 20 dB notch depth in the
rules.
9. The Commission reiterated that
Access BPL operator is required to
ensure that its operations do not cause
harmful interference to licensed
operators and that, if a 20 dB notch is
not sufficient to eliminate such
interference in specific cases, the
operator must take further actions to
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eliminate that interference to fixed
licensed operations. The Commission
also explained in detail its decision for
the selection of the 20 dB standard in
response to ARRL’s petition for
reconsideration.
10. The Commission therefore
clarified that, except for mobile
operations, Access BPL operators are
responsible for resolving harmful
interference that may occur even where
their systems employ a 20/10 dB notch.
Where an Access BPL operator
implements such notching, the
Commission will not provide any
further protection to mobile operations,
nor will it require the operator to
resolve complaints of harmful
interference to mobile operations over
and above the ‘‘notch.’’
11. Protection of the amateur radio
service. On October 18, 2005, the ARRL
filed a Petition for Issuance of Further
Notice of Proposed Rule Making
(FNPRM), in which it requested
consideration of the same substantive
points it submitted in its previous
pleadings in this proceeding, e.g., avoid
use of amateur radio frequencies by
Access BPL systems, avoid use of the
HF frequencies by Access BPL systems
on overhead medium voltage lines, and
require use of a 20 dB extrapolation
factor in place of the existing 40 dB
extrapolation factor. Although styled as
a Petition for Further Notice of Proposed
Rule Making,’’ ARRL’s pleading
effectively constitutes a petition for
reconsideration, as it seeks the same
results previously sought by ARRL in
this proceeding. The Commission
therefore treated the Petition for FNPRM
as a petition for reconsideration.
12. The Commission denied ARRL’s
Petition, and noted that the rules
adopted in the Report and Order, as
modified by this Memorandum Opinion
and Order, adequately address
interference concerns and measurement
procedures raised by Access BPL. The
Commission noted that one ‘‘solution’’
proposed by ARRL in its Petition for
FNPRM—the use of wireless links for
connection to the home—is not Access
BPL, and thus, while a permissible
service, is not pertinent to this
proceeding. The other proposed
‘‘solution’’—complete avoidance of all
HF frequencies—would needlessly
restrict BPL system design and reduce
system capacity, without regard to
whether there are amateurs that need
protection from a particular BPL
installation. The Commission concluded
that this would result in a grossly
inefficient utilization of Access BPL
capacity, reducing the potential benefits
of BPL and increasing its cost to the
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public, without a corresponding benefit
or need.
D. Further Study of Access BPL
Characteristics and Other Technical
Requests
13. A number of parties requested that
all BPL deployments be prohibited
pending the adoption of a definition for
harmful interference and the completion
of all ongoing studies of BPL and the
initiation of further studies of BPL
interference characteristics. They also
requested more stringent technical
restrictions on BPL operations.
14. The Commission denied all these
requests. It stated that it has taken a proactive approach with regard to
protection of licensed radio services in
the Report and Order by placing
additional technical and operational
restrictions on BPL systems; and that
the rules regarding emission levels and
signal notching adopted in the Report
and Order are adequate to fully protect
fixed amateur operations and to protect
the reasonable expectations and needs
of mobile amateur operations. The
Commission also noted that staying the
rules as the ARRL requests could leave
licensed radio services with less
protection than is provided under the
rules adopted in the BPL Report and
Order. It also provided a detailed
explanation for the basis of its decision
making, and the Commission’s statutory
responsibilities under the
Communications Act.
15. The Commission also disagreed
with ARRL’s assertion that allegations of
interference at some experimental BPL
sites demonstrate that the adopted
mitigation rules are ineffective. It stated
that the BPL rules adopted in the Report
and Order must be given time to be
implemented. It stated that Access BPL
equipment currently deployed is
typically not designed to fully
incorporate the interference mitigation
capabilities set forth in the rules that
have been put in place. Therefore, until
Access BPL operators implement all of
the required mitigation techniques, the
Commission finds that it is premature to
conclude that these rules are ineffective.
E. Other Requests
16. Federal Government radio
astronomy facility. The part 15 rules
require Access BPL systems to avoid
operating on the 73.0–74.6 MHz band
used by the ten Very Long Baseline
Array facilities of radio astronomy
observatories within specific distances.
The National Telecommunications and
Information Administration (NTIA)
requests changes in the exclusion zone
requirements for certain radio
astronomy facilities, including adding a
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new exclusion zone for one Very Large
Array (VLA) astronomy observatory site.
It also requests a modification in the
consultation requirements of the BPL
rules to continue to protect the sites no
longer covered by the exclusion zones.
The Commission granted NTIA’s
request.
17. Aeronautical service. In order to
protect aeronautical operations, Access
BPL systems operating on medium
voltage lines are required to avoid
operating in the frequency bands
reserved for Aeronautical (R)
frequencies and in the 74.8–75.2 MHz
band. Aeronautical Radio, Inc. (ARINC)
representing the Aeronautical Service
requested that both In-House and
Access BPL systems operating over lowvoltage lines be required to avoid using
certain aeronautical frequencies. The
Commission denied this request. It
stated that it has already fully
considered and disposed of this concern
in the BPL Report and Order, and
ARINC has provided no new argument
or factual data to warrant
reconsideration of this issue. It also
noted that no interference complaints
from aeronautical users traceable to InHouse or low voltage BPL have been
received or reported. The Commission
however granted ARINC’s request that
the rules be clarified to state that
continued protection will be provided
for aeronautical facilities that are
relocated.
18. Broadcast television service. The
part 15 rules allow Access BPL systems
to operate between 1.7 and 80 MHz,
over medium or low voltage lines.
Television channels 2 to 5 are located
within the bands from 54 MHz to 82
MHz. The Association for Maximum
Service Television, Inc. (MSTV)
representing the Broadcast Television
service requested that BPL operations be
confined to below 50 MHz to avoid
disruptions TV service, and to Digital
Television transition in particular. The
Commission denied this request. It
noted that MSTV has presented no
compelling technical argument to justify
this request. It pointed out that all
known Access BPL equipment currently
operates below 50 MHz, and it stated
that if BPL equipment that operates on
TV band frequencies were developed in
the future to increase capacity, a system
using such equipment could avoid any
potential for interfering with TV service
by operating on channels that are not
used by TV stations in the system’s
service area.
19. Critical infrastructure industry
(CII). The rules require Access BPL
operators to notify and consult with the
public safety agencies in their local
areas at least 30 days in advance of
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initiation of service and to respond to
complaints of harmful interference from
public safety users within 24 hours. The
rules do not, however, make any such
provision for protection of CII entities.
The American Petroleum Institute (API)
requested that oil and natural gas
companies be considered as Critical
Infrastructure Industries, as identified in
the 800 MHz Order, in order to place
them on par with public safety entities.
The Commission denied API’s request.
It stated that its 800 MHz Order is not
directly pertinent to the considerations
in the BPL proceeding, and in any
event, did not give absolute public
safety status to Critical Infrastructure
Industries.
20. Miscellaneous requests for
additional operational restrictions on
BPL. A number of parties request
placing additional operational and
administrative restrictions on BPL
operations. The Commission denied all
of these requests.
Final Regulatory Flexibility Analysis
21. The Regulatory Flexibility Act of
1980, as amended (RFA),1 requires that
a regulatory flexibility analysis be
prepared for rulemaking proceedings,
unless the agency certifies that ‘‘the rule
will not have a significant economic
impact on a substantial number of small
entities.’’ 2 The RFA generally defines
the term ‘‘small entity’’ as having the
same meaning as the terms ‘‘small
business,’’ ‘‘small organization,’’ and
‘‘small governmental jurisdiction.’’ 3 In
addition, the term ‘‘small business’’ has
the same meaning as the term ‘‘small
business concern’’ under the Small
Business Act.4 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).5
22. The Report and Order modified
the part 15 rules to allow for Access
1 The RFA, see 5 U.S.C 601–612, has been
amended by the Contract With America
Advancement Act of 1996, Public Law 104–121,
110 Stat. 847 (1966) (CWAAA). Title II of the
CWAAA is the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA).
2 5 U.S.C. 605(b).
3 5 U.S.C. 601(6).
4 5 U.S.C. 601(3) (incorporating by reference the
definition of ‘‘small-business concern’’ in the Small
Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C.
601(3), the statutory definition of a small business
applies ‘‘unless an agency, after consultation with
the Office of Advocacy of the Small Business
Administration and after opportunity for public
comment, establishes one or more definitions of
such term which are appropriate to the activities of
the agency and publishes such definition(s) in the
Federal Register.’’
5 15 U.S.C. 632.
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Broadband over Power Line (Access
BPL) systems, a new type of carrier
current system that operates on an
unlicensed basis under part 15. A Final
Regulatory Flexibility Analysis was
incorporated in the Report and Order.6
Following publication of the Report and
Order, fifteen parties filed for
reconsideration regarding various
aspects of the part 15 BPL regulations.
A list of the petitioners, along with the
abbreviations used to identify them and
the parties that filed comments in
response to the petitions, is attached as
Appendix A to the Memorandum
Opinion and Order. In the
Memorandum Opinion and Order, the
Commission amends the rules to replace
the exclusion zone requirement for the
ten listed radio astronomy facilities with
an exclusion zone for one Very Large
Array (VLA) radio astronomy
observatory site at 73.0–74.6 MHz,
which would significantly reduce
potential deployment constraints on
Access BPL installations. In addition,
we are amending the rules to add
prospective protection for relocated
aeronautical facilities, which merely
continues to provide protection to these
stations. Finally, we correct the
coordinates and e-mail contacts for the
aeronautical facilities subject to BPL
consultation.
23. The Commission found that these
changes will not result in a ‘‘significant
economic burden’’ on manufacturers.
Therefore, the Commission certified that
the amendments included in this
Memorandum Opinion and Order will
not have a significant economic impact
on a substantial number of small
entities.
24. The Commission will send a copy
of the Memorandum Opinion and
Order, including a copy of this final
certification, in a report to Congress
pursuant to the Small Business
Regulatory Enforcement Fairness Act of
1996.7 In addition, the Memorandum
Opinion and Order and this certification
will be sent to the Chief Counsel for
Advocacy of the Small Business
Administration.
Ordering Clauses
25. Pursuant to the authority
contained in sections 4(i), 301, 302,
303(e), 303(f) and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. sections 154(i), 301,
302, 303(e), 303(f) and 303(r), this
Memorandum Opinion and Order is
adopted and part 15 of the
6 See Report and Order in ET Docket No. 04–37,
19 FCC Rcd 21265, 21322 (2004), 70 FR 1360,
January 7, 2005.
7 See 5 U.S.C. 801(a)(1)(A).
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Commission’s rules are amended as set
forth in the attached rules change
effective September 22, 2006.
26. Pursuant to the authority
contained in sections 4(i), 301, 302,
303(e), 303(f) and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. sections 154(i), 301,
302, 303(e), 303(f) and 303(r), the
request for partial reconsideration filed
by the National Telecommunications
and Information Administration on
February 14, 2005 is granted to the
extent indicated.
27. Pursuant to the authority
contained in sections 4(i), 301, 302,
303(e), 303(f) and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. sections 154(i), 301,
302, 303(e), 303(f) and 303(r), the
motion for partial reconsideration filed
by Current Technologies, LLC,
Amperion, Inc., the United Power Line
Council, and Aeronautical Radio, Inc.
on February 7, 2005 is granted in part
and denied in part to the extent
indicated.
28. Pursuant to the authority
contained in sections 4(i), 301, 302,
303(e), 303(f) and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 301, 302,
303(e), 303(f) and 303(r), the motion for
reconsideration filed by the American
Petroleum Institute, the Amateur Radio
Relay League, the Association for
Maximum Services Television, Inc., and
Cohen, Dippell and Everist, P.C. filed on
February 7, 2005, W. Lee McVey filed
on January 18, 2005, the National
Antenna Consortium and the Amherst
Alliance filed on January 18, 2005,
Steven E. Matda filed on January 19,
2005, G. Scott Davis filed on January 21,
2005, Cortland E. Richmond filed on
December 14, 2004, and James Edwin
Whedbee filed on October 18, 2004, is
denied to the extent indicated.
29. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Memorandum Opinion and Order,
including the Final Regulatory
Flexibility Certification, to the Chief
Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 15
Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rules Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 15 to
read as follows:
I
PART 15—RADIO FREQUENCY
DEVICES
1. The authority citation for part 15
continues to read as follows:
I
Authority: 47 U.S.C. 154, 302a, 303, 304,
307, 336, and 544a.
2. Section 15.611 is amended by
adding paragraph (c)(1)(iii) to read as
follows:
I
§ 15.611
General technical requirements.
*
*
*
*
*
(c) * * *
(1) * * *
(iii) At locations where an Access BPL
operator attenuates radiated emissions
from its operations in accordance with
the above required capabilities, we will
not require that operator to take further
actions to resolve complaints of harmful
interference to mobile operations.
*
*
*
*
*
I 3. Section 15.615 is amended by
removing paragraph (f)(2)(iii) and by
revising the introductory text of
paragraphs (f)(2), (f)(3), and paragraph
(f)(3)(ii) and by adding the point of
contact for National Science
Foundation, immediately following
paragraph (f)(3)(ii) and by revising the
point of contact text for ARINC located
before Table 3b and by revising Table 3b
to read as follows:
§ 15.615 General administrative
requirements.
*
*
*
*
*
(f) * * *
(2) Exclusion zones. Exclusion zones
encompass the operation of any Access
BPL system within 1km of the boundary
of coast station facilities at the
coordinates listed in Tables 2 and 2.1.
Exclusion zones also encompass the
operation of Access BPL systems using
overhead medium voltage power lines
within 65 km of the Very Large Array
observatory located at the coordinate
34°04′43.50″; N, 107°37′03.82″ W.
Exclusion zones further encompass the
operation of Access BPL systems using
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overhead low voltage power lines or
underground power lines within 47 km
of the Very Large Array observatory
located at the coordinate 34°04′43.50″;
N, 107°37′ 03.82″ W. Within the
exclusion zones for coast stations,
Access BPL systems shall not use carrier
frequencies within the band of 2173.5–
2190.5 kHz. Within the exclusion zone
for the Very Large Array radio
astronomy observatory, Access BPL
systems shall not use carrier frequencies
within the 73.0–74.6 MHz band.
*
*
*
*
*
(3) Consultation areas. Access BPL
operators shall provide notification to
the appropriate point of contact
specified regarding Access BPL
operations at any frequencies of
potential concern in the following
consultation areas, at least 30 days prior
to initiation of any operation or service.
The notification shall include, at a
minimum, the information in paragraph
(a) of this section. We expect parties to
consult in good faith to ensure that no
harmful interference is caused to
licensed operations and that any
constraints on BPL deployments are
minimized to those necessary to avoid
harmful interference. In the unlikely
event that a new or relocated
aeronautical receive station is
established for the 1.7–30 MHz band at
a coordinate not specified in Table 3b,
Access BPL operators are also required
to coordinate with the appropriate point
of contact regarding Access BPL
operations at any frequencies of
potential concern in the new or
relocated consultation areas, and to
adjust their system operating parameters
to protect the new or relocated
aeronautical receive station.
*
*
*
*
*
(f) * * *
(3) * * *
(ii) For frequencies in the 1.7–80.0
MHz frequency range, the areas within
4 km of facilities located at the
coordinates specified for radio
astronomy facilities in 47 CFR 2.106,
Note U.S. 311.
Point of contact: Electromagnetic
Spectrum Manager, National Science
Foundation, Division of Astronomical
Sciences, 4201 Wilson Blvd., Suite
1045, Arlington, VA 22230, (703) 292–
4896, esm@nsf.gov.
*
*
*
*
*
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TABLE 3B.—CONSULTATION AREA COORDINATES FOR AERONAUTICAL RECEIVE STATIONS (1.7–30 MHZ)
Locale
Latitude
Southampton, NY .................................................................................................................................
Molokai, HI ...........................................................................................................................................
Oahu, HI ...............................................................................................................................................
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40°55′15″ N
21°12′23″ N
21°22′27″ N
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Longitude
72°23′41″ W
157°12′30″ W
158°05′56″ W
49380
Federal Register / Vol. 71, No. 163 / Wednesday, August 23, 2006 / Rules and Regulations
TABLE 3B.—CONSULTATION AREA COORDINATES FOR AERONAUTICAL RECEIVE STATIONS (1.7–30 MHZ)—Continued
Locale
Latitude
Half Moon Bay, CA ..............................................................................................................................
Pt. Reyes, CA .......................................................................................................................................
Barrow, AK ...........................................................................................................................................
Guam ....................................................................................................................................................
37°39′64″
38°06′00″
71°17′24″
13°28′12″
N
N
N
N
NY Comm Center, NY ..........................................................................................................................
Cedar Rapids, IA ..................................................................................................................................
Beaumont, CA ......................................................................................................................................
Fairfield, TX ..........................................................................................................................................
Houston, TX .........................................................................................................................................
Miami, FL ..............................................................................................................................................
40°46′48″ N
42°02′05.0″ N
33°54′27.1″ N
31°47′02.6″ N
29°36′35.8″ N
25°49′05″ N
Longitude
122°24′44″ W
122°56′00″ W
156°40′12″; W
144°48′0.0″ E (note:
Eastern Hemisphere)
73°05′46″ W
91°38′37.6″ W
116°59′49.1″ W
96°47′03.0″ W
95°16′54.8″ W
80°18′28″ W
Note: Systems of coordinates conform to NAD 83.
Point of contact: ARINC, 2551 Riva
Road, Annapolis, MD 21401, Tel: 1–
800–633–6882, Fax: 410–266–2329, email: bplnotifications@arinc.com,
https://www.arinc.com.
*
*
*
*
*
Governmental Affairs Bureau, Disability
Rights Office at (202) 418–1475 (voice),
(202) 418–0597 (TTY), or e-mail at
Thomas.Chandler@fcc.gov.
[FR Doc. E6–13967 Filed 8–22–06; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 03–123; DA 06–1627]
Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals With Hearing and Speech
Disabilities
Federal Communications
Commission.
ACTION: Clarification.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: In this document, the
Commission clarifies waivers of certain
telecommunications relay services
(TRS) mandatory minimum standards
for captioned telephone relay service, a
form of TRS, which were set forth in a
clarification and waiver document. The
clarification and waiver document
waived the following mandatory
minimum standards for the provision of
captioned telephone service:
communications assistants (CAs) must
be competent in interpreting
typewritten American Sign Language
(ASL); TRS providers must give CAs
oral-to-type tests; and CAs may not
refuse sequential calls. The Commission
clarifies that these requirement do not
apply to captioned telephone services
that use voice recognition technologies
(instead of typing) to convey messages,
and that do not have the CA play a role
in setting up the calls.
DATES: Effective August 14, 2006.
FOR FURTHER INFORMATION CONTACT:
Thomas Chandler, Consumer &
VerDate Aug<31>2005
17:06 Aug 22, 2006
Jkt 208001
This
document does not contain new or
modified information collection
requirements subject to the PRA of
1995, Public Law 104–13. In addition, it
does not contain any new or modified
‘‘information collection burden for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C. 3506
(c)(4). This is a summary of the
Commission’s document DA 06–1627,
Telecommunications Relay Services and
Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, Order, CG Docket No. 03–
123, adopted August 14, 2006, released
August 14, 2006 clarifying waivers of
certain TRS mandatory minimum
standards for caption telephone relay
service waived in the clarification and
waiver document published at 68 FR
55898, September 29, 2003. The full text
of document DA 06–1627 and copies of
any subsequently filed documents in
this matter will be available for public
inspection and copying during regular
business hours at the FCC Reference
Information Center, Portals II, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. Document DA
06–1627 and copies of subsequently
filed documents in this matter may also
be purchased from the Commission’s
duplicating contractor at Portals II, 445
12th Street, SW., Room CY–-B402,
Washington, DC 20554. Customers may
contact the Commission’s duplicating
contractor at its Web site
www.bcpiweb.com or by calling 1–800–
378–3160. To request materials in
accessible formats for people with
disabilities (Braille, large print,
electronic files, audio format), send an
e-mail to fcc504@fcc.gov or call the
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00072
Fmt 4700
Sfmt 4700
Consumer & Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY). Document DA 06–1627
can also be downloaded in Word or
Portable Document Format (PDF) at:
https://www.fcc.gov/cgb/dro.
Synopsis
Background
On September 29, 2003, the
Commission published a clarification
and waiver document that recognized
captioned telephone service as a form of
TRS compensable from the Interstate
TRS Fund. As a general matter,
captioned telephone service uses a
special telephone that has a text display.
It permits the user—typically someone
who has the ability to speak and some
residual hearing—to speak directly to
the other party to the call, and in return
to both listen to what is said over the
telephone and simultaneously read
captions of what the other person is
saying. A CA using specially developed
voice recognition technology generates
the captions. As a result, there is no
typing by the captioned telephone user
at any time during the call, and the CA
types only in rare instances when, e.g.,
words or proper names are used that the
computer does not recognize. Further,
as presently offered, to use this service
the consumer directly dials the number
he or she wishes to call, not the number
of a relay provider, and is automatically
connected to the captioned telephone
CA at the TRS facility. The Commission
concluded that some TRS mandatory
minimum standards did not apply to the
provision of this service and waived
other requirements for limited periods
of time.
On June 28, 2006, captioned
telephone providers filed their annual
report addressing the three outstanding
waivers applicable to this service—CA
competence in interpreting typewritten
ASL, use of oral-to-type tests, and
handling sequential calls (as applied to
E:\FR\FM\23AUR1.SGM
23AUR1
]]>Agencies
[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Rules and Regulations]
[Pages 49376-49380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13967]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket No. 04-37 and ET Docket No. 03-104; FCC 06-113]
Broadband Over Power Line Systems
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document responds to the petitions for reconsideration of
the Commission's rules for Access Broadband over Power Line (Access
BPL) devices adopted in the Report and Order in this proceeding. The
Commission is affirming the technical rules for BPL, and denying
petitions for reconsideration that request delay, further study, or the
exclusion of particular additional frequencies. The Commission is
amending the rules to change the exclusion zone requirement for the ten
listed radio astronomy facilities to a consultation requirement, and to
add a new exclusion zone for one Very Large Array (VLA) radio astronomy
observatory site at 73.0-74.6 MHz. In addition, it is also amending the
rules to add prospective protection for relocated aeronautical
facilities and to correct the coordinates and email contact for the
aeronautical facilities subject to BPL consultation. The Commission
affirms the deadline for requiring certification for any equipment
manufactured, imported or installed on BPL systems, with the proviso
that uncertified equipment already in inventory can be used for
replacing defective units or to supplement equipment on existing
systems for one year within areas already in operation. The Commission
believes these changes will further the development and growth of BPL
devices. It is denying the petitions for reconsideration in all other
respects.
DATES: Effective September 22, 2006.
FOR FURTHER INFORMATION CONTACT: Anh Wride, Office of Engineering and
Technology, (202) 418-0577, e-mail: Anh.Wride@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order, ET Docket No. 04-37, and ET Docket No.
03-104, adopted August 3, 2006 and released August 7, 2006. The full
text of this document is available on the Commission's Internet site at
www.fcc.gov. It is also available for inspection and copying during
regular business hours in the FCC Reference Center (Room CY-A257), 445
12th Street, SW., Washington, DC 20554. The full text of this document
also may be purchased from the Commission's duplication contractor,
Best Copy and Printing Inc., Portals II, 445 12th St., SW., Room CY-
B402, Washington, DC 20554; telephone (202) 488-5300; fax (202) 488-
5563; e-mail FCC@BCPIWEB.COM.
Summary of the Memorandum Opinion and Order
1. In the Memorandum Opinion and Order, the Commission further
amends part 15 of its rules regarding the unlicensed operation of
Access broadband over power line (BPL) systems. Specifically, the rules
are amended to change the exclusion zone requirement for the ten listed
radio astronomy facilities to a consultation requirement, and to add a
new exclusion zone for one Very Large Array (VLA) radio astronomy
observatory site at 73.0-74.6 MHz. In addition, the Commission amends
the rules to add prospective protection for relocated aeronautical
facilities and to correct the coordinates and email contact for the
aeronautical facilities subject to BPL consultation. The Commission
affirms the July 7, 2006 deadline for requiring certification for any
equipment manufactured, imported or installed on BPL systems, with the
proviso that uncertified equipment already in inventory can be used for
replacing defective units or to supplement equipment on existing
systems for one year within areas already in operation. The Commission
believes these changes will further the development and growth of BPL
devices. The Commission denies the petitions for reconsideration in all
other respects.
A. Notification to the Access BPL Database
2. In the Report and Order, 70 FR 1360, January 7, 2005, in this
proceeding, the Commission adopted a requirement that the Access BPL
industry establish a publicly accessible database for system
information. Under this requirement, entities operating Access BPL
systems must provide to the BPL industry designated database manager
certain information on BPL installations 30 days prior to the
initiation of any operation or service. The BPL industry requested
elimination of this 30-day advance notification.
3. The Commission denied this request. It stated that the purpose
of the database notification requirement is to ensure that licensed
users of the spectrum have a publicly accessible and centralized source
of information on BPL operations to determine whether there may be
Access BPL operations on particular frequencies within their local area
so that any incident of harmful interference can be resolved should it
occur. The Commission noted that the BPL public database serves a
unique function to identify the location and operating characteristics
of BPL systems to entities other than those entitled to advance
notification. The Commission however provided several clarifications
regarding the notification process.
B. Transition Period
4. The rules adopted in the Report and Order require that all
Access BPL devices that are manufactured, imported, marketed or
installed 18 months or later after the Federal Register publication of
the Report and Order, i.e., after July 7, 2006, must comply with the
newly adopted requirements of Subpart G of part 15 for BPL devices,
including certification of the equipment. The BPL industry
[[Page 49377]]
requested an extension for another 18-month period.
5. The Commission denied this request. It noted that an important
element of interference avoidance and mitigation is the next generation
of BPL equipment and its adherence to the rules adopted in the Report
and Order. However, because BPL equipment manufacturers are only now
submitting equipment for certification under the new rules, the Order
permits for a period of 1 year the installation of existing equipment
that otherwise meets the part 15 rules to replace defective units or to
supplement equipment on existing systems within the areas where BPL
systems are already in operation.
C. BPL Technical Parameters
6. Extrapolation factor. In the Report and Order, the Commission
specified measurement guidelines that require BPL systems to be tested
in situ at three typical installations with overhead lines. Because it
may not be possible or practicable to measure at the proposed fixed
distances of 10 and 3 meters, distance extrapolation would be necessary
for in situ testing and the Report and Order requires the use of the
existing part 15 distance extrapolation factors, i.e., 40 dB/decade for
frequencies below 30 MHz and 20 dB/decade for frequencies above 30 MHz.
ARRL requested that the rules be changed to use 20 dB/decade at all
frequencies for testing BPL systems.
7. The Commission denied ARRL's petition. It stated that ARRL did
not submit a convincing argument for modifying this requirement, and
therefore it retains the existing extrapolation factors in part 15.
8. Required Notch Depth. In the Report and Order, the Commission
required that Access BPL systems have the capability to remotely reduce
power and adjust operating frequencies to avoid site-specific, local
use of the same spectrum used by licensed services. Notch filters are
required to be capable of attenuating emissions to a level at least 20
dB below the applicable part 15 limits in the case of frequencies below
30 MHz and to a level at least 10 dB below the applicable part 15
limits in the case of frequencies above 30 MHz. ARRL requested
technical analysis supporting the 20 dB notch depth in the rules.
9. The Commission reiterated that Access BPL operator is required
to ensure that its operations do not cause harmful interference to
licensed operators and that, if a 20 dB notch is not sufficient to
eliminate such interference in specific cases, the operator must take
further actions to eliminate that interference to fixed licensed
operations. The Commission also explained in detail its decision for
the selection of the 20 dB standard in response to ARRL's petition for
reconsideration.
10. The Commission therefore clarified that, except for mobile
operations, Access BPL operators are responsible for resolving harmful
interference that may occur even where their systems employ a 20/10 dB
notch. Where an Access BPL operator implements such notching, the
Commission will not provide any further protection to mobile
operations, nor will it require the operator to resolve complaints of
harmful interference to mobile operations over and above the ``notch.''
11. Protection of the amateur radio service. On October 18, 2005,
the ARRL filed a Petition for Issuance of Further Notice of Proposed
Rule Making (FNPRM), in which it requested consideration of the same
substantive points it submitted in its previous pleadings in this
proceeding, e.g., avoid use of amateur radio frequencies by Access BPL
systems, avoid use of the HF frequencies by Access BPL systems on
overhead medium voltage lines, and require use of a 20 dB extrapolation
factor in place of the existing 40 dB extrapolation factor. Although
styled as a Petition for Further Notice of Proposed Rule Making,''
ARRL's pleading effectively constitutes a petition for reconsideration,
as it seeks the same results previously sought by ARRL in this
proceeding. The Commission therefore treated the Petition for FNPRM as
a petition for reconsideration.
12. The Commission denied ARRL's Petition, and noted that the rules
adopted in the Report and Order, as modified by this Memorandum Opinion
and Order, adequately address interference concerns and measurement
procedures raised by Access BPL. The Commission noted that one
``solution'' proposed by ARRL in its Petition for FNPRM--the use of
wireless links for connection to the home--is not Access BPL, and thus,
while a permissible service, is not pertinent to this proceeding. The
other proposed ``solution''--complete avoidance of all HF frequencies--
would needlessly restrict BPL system design and reduce system capacity,
without regard to whether there are amateurs that need protection from
a particular BPL installation. The Commission concluded that this would
result in a grossly inefficient utilization of Access BPL capacity,
reducing the potential benefits of BPL and increasing its cost to the
public, without a corresponding benefit or need.
D. Further Study of Access BPL Characteristics and Other Technical
Requests
13. A number of parties requested that all BPL deployments be
prohibited pending the adoption of a definition for harmful
interference and the completion of all ongoing studies of BPL and the
initiation of further studies of BPL interference characteristics. They
also requested more stringent technical restrictions on BPL operations.
14. The Commission denied all these requests. It stated that it has
taken a pro-active approach with regard to protection of licensed radio
services in the Report and Order by placing additional technical and
operational restrictions on BPL systems; and that the rules regarding
emission levels and signal notching adopted in the Report and Order are
adequate to fully protect fixed amateur operations and to protect the
reasonable expectations and needs of mobile amateur operations. The
Commission also noted that staying the rules as the ARRL requests could
leave licensed radio services with less protection than is provided
under the rules adopted in the BPL Report and Order. It also provided a
detailed explanation for the basis of its decision making, and the
Commission's statutory responsibilities under the Communications Act.
15. The Commission also disagreed with ARRL's assertion that
allegations of interference at some experimental BPL sites demonstrate
that the adopted mitigation rules are ineffective. It stated that the
BPL rules adopted in the Report and Order must be given time to be
implemented. It stated that Access BPL equipment currently deployed is
typically not designed to fully incorporate the interference mitigation
capabilities set forth in the rules that have been put in place.
Therefore, until Access BPL operators implement all of the required
mitigation techniques, the Commission finds that it is premature to
conclude that these rules are ineffective.
E. Other Requests
16. Federal Government radio astronomy facility. The part 15 rules
require Access BPL systems to avoid operating on the 73.0-74.6 MHz band
used by the ten Very Long Baseline Array facilities of radio astronomy
observatories within specific distances. The National
Telecommunications and Information Administration (NTIA) requests
changes in the exclusion zone requirements for certain radio astronomy
facilities, including adding a
[[Page 49378]]
new exclusion zone for one Very Large Array (VLA) astronomy observatory
site. It also requests a modification in the consultation requirements
of the BPL rules to continue to protect the sites no longer covered by
the exclusion zones. The Commission granted NTIA's request.
17. Aeronautical service. In order to protect aeronautical
operations, Access BPL systems operating on medium voltage lines are
required to avoid operating in the frequency bands reserved for
Aeronautical (R) frequencies and in the 74.8-75.2 MHz band.
Aeronautical Radio, Inc. (ARINC) representing the Aeronautical Service
requested that both In-House and Access BPL systems operating over low-
voltage lines be required to avoid using certain aeronautical
frequencies. The Commission denied this request. It stated that it has
already fully considered and disposed of this concern in the BPL Report
and Order, and ARINC has provided no new argument or factual data to
warrant reconsideration of this issue. It also noted that no
interference complaints from aeronautical users traceable to In-House
or low voltage BPL have been received or reported. The Commission
however granted ARINC's request that the rules be clarified to state
that continued protection will be provided for aeronautical facilities
that are relocated.
18. Broadcast television service. The part 15 rules allow Access
BPL systems to operate between 1.7 and 80 MHz, over medium or low
voltage lines. Television channels 2 to 5 are located within the bands
from 54 MHz to 82 MHz. The Association for Maximum Service Television,
Inc. (MSTV) representing the Broadcast Television service requested
that BPL operations be confined to below 50 MHz to avoid disruptions TV
service, and to Digital Television transition in particular. The
Commission denied this request. It noted that MSTV has presented no
compelling technical argument to justify this request. It pointed out
that all known Access BPL equipment currently operates below 50 MHz,
and it stated that if BPL equipment that operates on TV band
frequencies were developed in the future to increase capacity, a system
using such equipment could avoid any potential for interfering with TV
service by operating on channels that are not used by TV stations in
the system's service area.
19. Critical infrastructure industry (CII). The rules require
Access BPL operators to notify and consult with the public safety
agencies in their local areas at least 30 days in advance of initiation
of service and to respond to complaints of harmful interference from
public safety users within 24 hours. The rules do not, however, make
any such provision for protection of CII entities. The American
Petroleum Institute (API) requested that oil and natural gas companies
be considered as Critical Infrastructure Industries, as identified in
the 800 MHz Order, in order to place them on par with public safety
entities. The Commission denied API's request. It stated that its 800
MHz Order is not directly pertinent to the considerations in the BPL
proceeding, and in any event, did not give absolute public safety
status to Critical Infrastructure Industries.
20. Miscellaneous requests for additional operational restrictions
on BPL. A number of parties request placing additional operational and
administrative restrictions on BPL operations. The Commission denied
all of these requests.
Final Regulatory Flexibility Analysis
21. The Regulatory Flexibility Act of 1980, as amended (RFA),\1\
requires that a regulatory flexibility analysis be prepared for
rulemaking proceedings, unless the agency certifies that ``the rule
will not have a significant economic impact on a substantial number of
small entities.'' \2\ The RFA generally defines the term ``small
entity'' as having the same meaning as the terms ``small business,''
``small organization,'' and ``small governmental jurisdiction.'' \3\ In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act.\4\ 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).\5\
---------------------------------------------------------------------------
\1\ The RFA, see 5 U.S.C 601-612, has been amended by the
Contract With America Advancement Act of 1996, Public Law 104-121,
110 Stat. 847 (1966) (CWAAA). Title II of the CWAAA is the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
\2\ 5 U.S.C. 605(b).
\3\ 5 U.S.C. 601(6).
\4\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small-business concern'' in the Small Business Act, 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definition(s) in the Federal
Register.''
\5\ 15 U.S.C. 632.
---------------------------------------------------------------------------
22. The Report and Order modified the part 15 rules to allow for
Access Broadband over Power Line (Access BPL) systems, a new type of
carrier current system that operates on an unlicensed basis under part
15. A Final Regulatory Flexibility Analysis was incorporated in the
Report and Order.\6\ Following publication of the Report and Order,
fifteen parties filed for reconsideration regarding various aspects of
the part 15 BPL regulations. A list of the petitioners, along with the
abbreviations used to identify them and the parties that filed comments
in response to the petitions, is attached as Appendix A to the
Memorandum Opinion and Order. In the Memorandum Opinion and Order, the
Commission amends the rules to replace the exclusion zone requirement
for the ten listed radio astronomy facilities with an exclusion zone
for one Very Large Array (VLA) radio astronomy observatory site at
73.0-74.6 MHz, which would significantly reduce potential deployment
constraints on Access BPL installations. In addition, we are amending
the rules to add prospective protection for relocated aeronautical
facilities, which merely continues to provide protection to these
stations. Finally, we correct the coordinates and e-mail contacts for
the aeronautical facilities subject to BPL consultation.
---------------------------------------------------------------------------
\6\ See Report and Order in ET Docket No. 04-37, 19 FCC Rcd
21265, 21322 (2004), 70 FR 1360, January 7, 2005.
---------------------------------------------------------------------------
23. The Commission found that these changes will not result in a
``significant economic burden'' on manufacturers. Therefore, the
Commission certified that the amendments included in this Memorandum
Opinion and Order will not have a significant economic impact on a
substantial number of small entities.
24. The Commission will send a copy of the Memorandum Opinion and
Order, including a copy of this final certification, in a report to
Congress pursuant to the Small Business Regulatory Enforcement Fairness
Act of 1996.\7\ In addition, the Memorandum Opinion and Order and this
certification will be sent to the Chief Counsel for Advocacy of the
Small Business Administration.
---------------------------------------------------------------------------
\7\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------
Ordering Clauses
25. Pursuant to the authority contained in sections 4(i), 301, 302,
303(e), 303(f) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. sections 154(i), 301, 302, 303(e), 303(f) and
303(r), this Memorandum Opinion and Order is adopted and part 15 of the
[[Page 49379]]
Commission's rules are amended as set forth in the attached rules
change effective September 22, 2006.
26. Pursuant to the authority contained in sections 4(i), 301, 302,
303(e), 303(f) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. sections 154(i), 301, 302, 303(e), 303(f) and
303(r), the request for partial reconsideration filed by the National
Telecommunications and Information Administration on February 14, 2005
is granted to the extent indicated.
27. Pursuant to the authority contained in sections 4(i), 301, 302,
303(e), 303(f) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. sections 154(i), 301, 302, 303(e), 303(f) and
303(r), the motion for partial reconsideration filed by Current
Technologies, LLC, Amperion, Inc., the United Power Line Council, and
Aeronautical Radio, Inc. on February 7, 2005 is granted in part and
denied in part to the extent indicated.
28. Pursuant to the authority contained in sections 4(i), 301, 302,
303(e), 303(f) and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 301, 302, 303(e), 303(f) and 303(r), the
motion for reconsideration filed by the American Petroleum Institute,
the Amateur Radio Relay League, the Association for Maximum Services
Television, Inc., and Cohen, Dippell and Everist, P.C. filed on
February 7, 2005, W. Lee McVey filed on January 18, 2005, the National
Antenna Consortium and the Amherst Alliance filed on January 18, 2005,
Steven E. Matda filed on January 19, 2005, G. Scott Davis filed on
January 21, 2005, Cortland E. Richmond filed on December 14, 2004, and
James Edwin Whedbee filed on October 18, 2004, is denied to the extent
indicated.
29. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Memorandum
Opinion and Order, including the Final Regulatory Flexibility
Certification, to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 15
Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rules Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 15 to read as follows:
PART 15--RADIO FREQUENCY DEVICES
0
1. The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.
0
2. Section 15.611 is amended by adding paragraph (c)(1)(iii) to read as
follows:
Sec. 15.611 General technical requirements.
* * * * *
(c) * * *
(1) * * *
(iii) At locations where an Access BPL operator attenuates radiated
emissions from its operations in accordance with the above required
capabilities, we will not require that operator to take further actions
to resolve complaints of harmful interference to mobile operations.
* * * * *
0
3. Section 15.615 is amended by removing paragraph (f)(2)(iii) and by
revising the introductory text of paragraphs (f)(2), (f)(3), and
paragraph (f)(3)(ii) and by adding the point of contact for National
Science Foundation, immediately following paragraph (f)(3)(ii) and by
revising the point of contact text for ARINC located before Table 3b
and by revising Table 3b to read as follows:
Sec. 15.615 General administrative requirements.
* * * * *
(f) * * *
(2) Exclusion zones. Exclusion zones encompass the operation of any
Access BPL system within 1km of the boundary of coast station
facilities at the coordinates listed in Tables 2 and 2.1. Exclusion
zones also encompass the operation of Access BPL systems using overhead
medium voltage power lines within 65 km of the Very Large Array
observatory located at the coordinate 34[deg]04'43.50''; N,
107[deg]37'03.82'' W. Exclusion zones further encompass the operation
of Access BPL systems using overhead low voltage power lines or
underground power lines within 47 km of the Very Large Array
observatory located at the coordinate 34[deg]04'43.50''; N, 107[deg]37'
03.82'' W. Within the exclusion zones for coast stations, Access BPL
systems shall not use carrier frequencies within the band of 2173.5-
2190.5 kHz. Within the exclusion zone for the Very Large Array radio
astronomy observatory, Access BPL systems shall not use carrier
frequencies within the 73.0-74.6 MHz band.
* * * * *
(3) Consultation areas. Access BPL operators shall provide
notification to the appropriate point of contact specified regarding
Access BPL operations at any frequencies of potential concern in the
following consultation areas, at least 30 days prior to initiation of
any operation or service. The notification shall include, at a minimum,
the information in paragraph (a) of this section. We expect parties to
consult in good faith to ensure that no harmful interference is caused
to licensed operations and that any constraints on BPL deployments are
minimized to those necessary to avoid harmful interference. In the
unlikely event that a new or relocated aeronautical receive station is
established for the 1.7-30 MHz band at a coordinate not specified in
Table 3b, Access BPL operators are also required to coordinate with the
appropriate point of contact regarding Access BPL operations at any
frequencies of potential concern in the new or relocated consultation
areas, and to adjust their system operating parameters to protect the
new or relocated aeronautical receive station.
* * * * *
(f) * * *
(3) * * *
(ii) For frequencies in the 1.7-80.0 MHz frequency range, the areas
within 4 km of facilities located at the coordinates specified for
radio astronomy facilities in 47 CFR 2.106, Note U.S. 311.
Point of contact: Electromagnetic Spectrum Manager, National
Science Foundation, Division of Astronomical Sciences, 4201 Wilson
Blvd., Suite 1045, Arlington, VA 22230, (703) 292-4896, esm@nsf.gov.
* * * * *
Table 3b.--Consultation Area Coordinates for Aeronautical Receive Stations (1.7-30 MHz)
----------------------------------------------------------------------------------------------------------------
Locale Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Southampton, NY....................... 40[deg]55'15'' N 72[deg]23'41'' W
Molokai, HI........................... 21[deg]12'23'' N 157[deg]12'30'' W
Oahu, HI.............................. 21[deg]22'27'' N 158[deg]05'56'' W
[[Page 49380]]
Half Moon Bay, CA..................... 37[deg]39'64'' N 122[deg]24'44'' W
Pt. Reyes, CA......................... 38[deg]06'00'' N 122[deg]56'00'' W
Barrow, AK............................ 71[deg]17'24'' N 156[deg]40'12''; W
Guam.................................. 13[deg]28'12'' N 144[deg]48'0.0'' E (note: Eastern
Hemisphere)
NY Comm Center, NY.................... 40[deg]46'48'' N 73[deg]05'46'' W
Cedar Rapids, IA...................... 42[deg]02'05.0'' N 91[deg]38'37.6'' W
Beaumont, CA.......................... 33[deg]54'27.1'' N 116[deg]59'49.1'' W
Fairfield, TX......................... 31[deg]47'02.6'' N 96[deg]47'03.0'' W
Houston, TX........................... 29[deg]36'35.8'' N 95[deg]16'54.8'' W
Miami, FL............................. 25[deg]49'05'' N 80[deg]18'28'' W
----------------------------------------------------------------------------------------------------------------
Note: Systems of coordinates conform to NAD 83.
Point of contact: ARINC, 2551 Riva Road, Annapolis, MD 21401, Tel:
1-800-633-6882, Fax: 410-266-2329, e-mail: bplnotifications@arinc.com,
https://www.arinc.com.
* * * * *
[FR Doc. E6-13967 Filed 8-22-06; 8:45 am]
BILLING CODE 6712-01-P
