WRC-07 Table Clean-up Order, 62924-63031 [2010-23858]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Rules and Regulations]
[Pages 62924-63031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23858]



[[Page 62923]]

-----------------------------------------------------------------------

Part II





Federal Communications Commission





-----------------------------------------------------------------------



47 CFR Parts 1, 2, 15, et al.



WRC-07 Table Clean-up Order; Final Rule

Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / 
Rules and Regulations

[[Page 62924]]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2 15, 25, 73, and 90

[DA 10-762]


WRC-07 Table Clean-up Order

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document makes non-substantive, editorial revisions to 
the Table of Frequency Allocations (Allocation Table), and to various 
other Commission rules. The purpose of this action is to update and 
clarify the Allocation Table, to remove obsolete and outdated 
provisions from the Commission's rules, and to ensure that the 
Allocation Table and related rules are consistent with the Commission's 
decisions in recent rulemaking proceedings.

DATES: Effective October 13, 2010.

FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and 
Technology, (202) 418-2450, e-mail: tom.mooring@fcc.gov, TTY (202) 418-
2989.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 10-762, adopted July 20, 2010 and released July 21, 2010. The full 
text of this document is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room CY-A257), 445 
12th Street, SW., Washington, DC 20554. The complete text of this 
document also may be purchased from the Commission's copy contractor, 
Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554. The full text may also be downloaded at: https://www.fcc.gov.

Summary of the Order

    1. By this action the Commission amends parts 1, 2, 15, 25, 73, and 
90 of the Commission's rules in order to make non-substantive, 
editorial revisions to the Table of Frequency Allocations (Allocation 
Table), related rule sections in part 2, and certain service rules. 
This action is not intended to modify or otherwise change any 
licensee's underlying legal rights and/or responsibilities. In 
particular, the Commission updates the International Table of Frequency 
Allocations (International Table) within the Allocation Table so that 
it reflects the allocation changes that were made at the World 
Radiocommunication Conference (Geneva, 2007) (WRC-07), which can be 
found in the WRC-07 Final Acts. The Commission implements these 
amendments to the Allocation Table with the assistance and concurrence 
of the National Telecommunications and Information Administration 
(NTIA). This action serves as a prelude to a rulemaking proceeding that 
the Commission anticipates initiating in the near future to address 
substantive changes to the United States Table of Frequency Allocations 
(U.S. Table) that will be necessary to implement the WRC-07 Final Acts.

Discussion

A. Updates to Display Format of the Allocation Table

Frequency Nomenclature
    1. In Radio Regulation No. 2.1 of the 2008 Edition of the ITU Radio 
Regulations, frequencies are expressed in kilohertz (kHz) up to and 
including ``3 000'' kHz (i.e., 3,000 kHz). In accordance with ITU Radio 
Regulation No. 2.1, the Commission's Allocation Table is revised by 
expressing frequencies in the High Frequency (HF) spectrum from 3025 to 
27500 kHz in megahertz (MHz), i.e., from 3.025 to 27.5 MHz. This action 
simplifies the Allocation Table, minimizes a style difference between 
the ITU Allocation Table and the Commission's Allocation Table and 
should help avoid any confusion. WRC-07 added an explanatory note to 
the ITU Radio Regulations allowing reasonable departures from this 
style convention where it would pose serious difficulties (ITU Radio 
Regulation No. 2.1). Thus, in this Order, the explanatory note is 
reproduced in Sec.  2.101(b).
Placement of U.S. Footnotes
    2. In the First Table Clean-up Order, the Commission adopted the 
ITU's placement methodology for footnote references in the U.S. Table. 
Thus, footnote references which appear in the U.S. Table under the 
allocated services in a band apply to more than one of the allocated 
services. Footnote references which appear to the right of a service 
allocation name are applicable only to that particular service. The 
Commission continues to believe that associating a footnote reference 
with its pertinent service will assist readers in more easily 
understanding the restrictions and/or other information pertaining to 
that allocation.
    3. At NTIA's request, however, the Commission makes a refinement to 
its U.S. footnote placement policy. Specifically, in the case of bands 
with the same service allocation name listed in both the Federal and 
non-Federal Tables, the Commission adds the condition that for a U.S. 
footnote to be placed to the right of the service allocation name in 
the Federal Table, the U.S. footnote must contain a stipulation that is 
applicable to Federal operations. Similarly, for a U.S. footnote to be 
placed to the right of the service allocation name in the non-Federal 
Table, the U.S. footnote must contain a stipulation that is applicable 
to non-Federal operations. As an example, US13 provides for non-Federal 
use of 48 frequencies in 3 Federal bands (162.0125-173.2, 406.1-410, 
and 410-420 MHz). Under the Commission's current policy, US13 is placed 
at the bottom of the cell in the non-Federal Table, but is placed to 
the right of the fixed service (FS) allocation entry in the Federal 
Table, i.e., ``FIXED US13.'' Because US13 provides only for non-Federal 
use, however, the Commission believes it is misleading that US13 is 
placed to the right of the Federal FS allocation entry. Accordingly, 
the Commission modifies its U.S. footnote display policy, as described 
in the Order, to account for such a scenario. Consequently, the 
Commission moves US13 to the bottom of the cell in the Federal Table. 
Similarly, the Commission moves US319 (which restricts Federal use of 
certain mobile-satellite service (MSS) allocations to earth stations 
operating with non-Federal space stations) to the bottom of the cell in 
the non-Federal Table in the bands 148-149.9, 400.15-401, and 2483.5-
2500 MHz.
Basing Domestic Footnote Numbers on Frequency Order
    4. The Commission's practice for adding domestic (i.e., U.S., non-
Federal, and Federal) footnotes to the U.S. Table has generally been to 
number these footnotes in ascending order, based solely on the date 
when the footnote was adopted (i.e., in chronological order). As a 
result, because there are currently only 176 actual U.S. footnotes to 
the U.S. Table within the existing range of U.S. footnote numbers 
(i.e., 1-402) there are 226 unused U.S. footnote numbers.
    5. International footnotes to the ITU Allocation Table, however, 
are organized and numbered in frequency order (i.e., footnotes are 
numbered according to the relative place in the radio spectrum of the 
frequency(ies) to which they refer). For example, currently the first 
international footnote (RR 5.53) concerns operations below 9 kHz and 
the last international footnote (RR 5.565) concerns operations in the 
band 275-1000 GHz. Generally, when a World Radiocommunication 
Conference adopts a new international footnote, the

[[Page 62925]]

Conference adds the footnote to the ITU Allocation Table between two 
existing footnotes, and, if necessary, it appends a letter (or multiple 
letters) to the lower-adjacent footnote's number in order to not 
disturb the existing frequency order and footnote numbering (e.g., WRC-
07 added RR 5.430A between RR 5.430 and RR 5.431). However, in some 
cases, a Conference may decide to renumber an international footnote in 
order to preserve the sequential order. For example, WRC-07 added three 
bands (137-138, 387-390, and 400.15-410 MHz) to RR 5.347A which are 
under the lowest band that was listed in RR 5.347A prior to WRC-07 
(i.e., 1452-1492 MHz). Consequently, WRC-07 renumbered RR 5.347A as RR 
5.208B. In Appendix B, the complete list of active international 
footnotes is shown. The Commission does not include the international 
footnotes that WRC-07 suppressed (i.e., removed) or show the text of 
those that have expired.
    6. In this Order, on a going-forward basis, the Commission 
implements a new numbering system for domestic footnotes that is based 
on frequency order. Specifically, for a new (including ``place-
holder'') domestic footnote, the Commission will number the footnote in 
frequency order. For a modified domestic footnote, the Commission will 
consider whether to renumber the footnote in frequency order in the 
proceeding addressing the modifications to the footnote. Such actions 
will better align the U.S. Table with the ITU Allocation Table, which 
will bring greater consistency to Sec.  2.106, and thereby make the 
Allocation Table more useful to the public and spectrum managers. In 
addition, the Commission believes that numbering domestic footnotes in 
frequency order will make them easier for readers to view because, in 
many instances, the footnotes from cells with multiple footnotes will 
be grouped together in the United States, non-Federal Government, and 
Federal Government footnotes that follow the Allocation Table in Sec.  
2.106 of the Commission's rules. However, in order to ensure that the 
transition is non-disruptive for the public and spectrum managers, the 
Commission restricts the renumbering in frequency order to those 
footnotes that are significantly revised in this Order.
    7. The Commission makes an exception to our new domestic footnote 
numbering policy. Specifically, if a new, place-holder, or modified 
domestic footnote is based, in part, on an international footnote, the 
Commission will number the domestic footnote by using, where possible, 
the related international footnote's number (i.e., if there is not an 
existing domestic footnote with the same number as the related 
international footnote). For example, for the place-holder footnotes 
discussed in this Order, the Commission bases the numbering on the 
related international footnote's number. For modified domestic 
footnotes, the Commission will consider in the associated proceeding 
whether to renumber the footnote with a related international 
footnote's number. The Commission believes this action will assist both 
the public and spectrum managers by improving the organization and 
readability of the U.S. Table and by ``pointing to'' the international 
footnote on which, in part, the domestic footnote is based. 
Consequently, the Commission amends the domestic footnote numbering 
nomenclature of the U.S. Table specified in Sec.  2.105(d)(5)(ii), 
(iii), and (iv) of the Commission's rules to allow for the use of a 
letter (or letters) after the digits of a domestic footnote number. 
Similarly, the Commission amended Sec.  2.105(d)(5)(i) of the 
Commission's rules to recognize that a World Radiocommunication 
Conference may append a letter, or letters, after the digits of the 
footnote number when it adds a new international footnote to the ITU 
Allocation Table. In order to ensure that this transition is non-
disruptive for the public and spectrum managers, at this time, the 
Commission renumbers based on a related international footnote's number 
only those footnotes that are significantly revised in this Order.
    8. In this Order, the Commission adds 14 U.S. footnotes and 3 non-
Federal footnotes to the Allocation Table and reuses 2 existing U.S. 
footnote numbers (US226, US269). Specifically, consistent with our new 
frequency-order footnote numbering policy, the Commission: Adds a new 
footnote--US22--in order to reflect in the U.S. Table 28 frequencies 
designated for disaster communications and 40 frequencies designated 
for long distance communications; renumbers 7 revised footnotes--US216, 
US294, US335, US399, NG19, NG128, and NG142; and combine two 
footnotes--US351 and US352 (US37). However, for the following new or 
renumbered footnotes, the Commission assigns numbers based on a related 
international footnote's number: The combination of US366, US367, and 
US396 into a single footnote (US136); a new footnote--US142--that, 
inter alia, highlights the availability of the high frequency 
broadcasting (HFBC) bands 7.2-7.3 and 7.4-7.45 MHz in Region 3 insular 
areas for U.S. international broadcasters; four new place-holder 
footnotes that replicate the pre-WRC-07 text of four international 
footnotes which WRC-07 either modified or suppressed; revised versions 
of US217 and US229; the combination of US7 and NG135 into a single 
footnote (US270); and the combination of US269 and US311 into a single 
footnote (US385).

B. Updates to International Table

    9. In this Order, the Commission updates the International Table to 
reflect Article 5, Section IV of the ITU Radio Regulations, Edition of 
2008, except as described herein. During our preparation of this Order, 
the Commission discovered several display errors in the ITU Allocation 
Table. Consistent with past practice, the Commission will not replicate 
typographical or other errors that hold the potential to cause reader 
confusion or convey misleading information. Accordingly, the Commission 
incorporates the following corrections and updates in the International 
Table in Sec.  2.106 of the Commission's rules. First, listed in 
alphabetical order according to the French language: The primary 
services in the Region 2 Table followed by the secondary service for 
the band 698-806 MHz; the services in the Region 1 Table for the band 
790-862 MHz; and the services in the bands 960-1164, 1300-1350, 9300-
9500, and 9500-9800 MHz. Second, the Commission places RR 5.345 under 
the allocated services in the Region 1, Region 2, and Region 3 Tables 
for the band 1452-1492 MHz. Third, the Commission merges the bands 
2120-2160 and 2160-2170 MHz in the Region 1 and Region 3 Tables to form 
the band 2120-2170 MHz because those bands list the same services and 
footnotes. The Commission bases these corrections and updates upon the 
format specified in the ITU Radio Regulations.
    10. With regard to international footnotes, the Commission makes 
the following 34 corrections: Revise the text of 32 international 
footnotes (5.58, 5.141, 5.143C, 5.165, 5.169, 5.173, 5.185, 5.201, 
5.202, 5.206, 5.247, 5.279A, 5.281, 5.319, 5.322, 5.342, 5.352A, 
5.388B, 5.389F, 5.400, 5.417A, 5.425, 5.439, 5.447F, 5.453, 5.468, 
5.494, 5.500, 5.508A, 5.509A, 5.522C, and 5.549) so that it fully 
comports with the ITU Radio Regulations; capitalize ``Earth'' in RR 
5.335; and 3) change ``service'' to ``services'' in the last sentence 
of RR 5.482. In addition, the Commission makes the following 
simplifications in 13 international footnotes: Update the cross 
references to 8 ITU Resolutions (Resolutions 33, 124, 143, 212, 221, 
222, 223, and 528) in 8 international footnotes (5.345, 5.353A,

[[Page 62926]]

5.357A, 5.388, 5.388A, 5.396, 5.462A, and 5.516B) to the version listed 
in Volume 3 of the 2008 Edition of the ITU Radio Regulations; remove 
the text of 4 international footnotes relating to the recently 
concluded 7 MHz Realignment (5.138A, 5.139, 5.141C, and 5.143E) from 
Sec.  2.106; and do not show note 1 of RR 5.208A (which states that 
this footnote was previously numbered as RR 5.347A). For the 15 
international footnotes that have either been corrected or simplified 
in Sec.  2.106, the Commission adds the notation ``(FCC)'' to the end 
of the footnote.
    11. The Commission also partially implements a notation scheme used 
in the ITU Radio Regulations in the Commission's list of international 
footnotes. Specifically, the abbreviation ``(WRC-07)'' to the right of 
an international footnote signifies that WRC-07 modified or added the 
footnote.

C. Updates to International Footnotes in the U.S. Table

Suppressed International Footnotes
    12. WRC-07 suppressed three international footnotes (5.83, 5.199, 
and 5.476) that the U.S. Table currently references. In this Order, the 
Commission removed the references to these international footnotes from 
the U.S. Table. Prior to WRC-07, RR 5.83 stated that 500 kHz is an 
international distress and calling frequency for Morse radiotelegraphy. 
Because the Commission previously removed any reference to 500 kHz as a 
distress and safety frequency from part 80 of its rules, the Commission 
removes the reference to RR 5.83 from the U.S. Table. Prior to WRC-07, 
RR 5.199 allocated two 100-kilohertz bands to the MSS for the reception 
on board satellites of emissions from emergency position-indicating 
radiobeacons (EPIRBs) transmitting on 121.5 and 243 MHz. Because the 
National Oceanic and Atmospheric Administration (NOAA) ceased satellite 
processing of 121.5/243 MHz emergency beacons' signals on February 1, 
2009, at the request of NTIA, the Commission removed the references to 
RR 5.199 from the U.S. Table. Prior to WRC-07, RR 5.476 contained a 
prohibition on the use of shipborne radars in the band 9300-9320 MHz 
(other than those existing on January 1, 1976). Because this 
international prohibition expired on January 1, 2001, and because the 
Commission has already removed the prohibition from part 80 of its 
rules, it now removes the references to RR 5.476 from the U.S. Table.
Modified International Footnotes
    13. WRC-07 modified 19 international footnotes that are currently 
referenced in the U.S. Table. In this section, the Commission reviews 
these international footnotes. Three of these international footnotes--
5.444, 5.444A, and 5.519--embody substantive allocation changes that, 
in order to become effective in the United States, would need to be 
adopted in a future rulemaking proceeding. Because in this Order the 
Commission updates the text of all international footnotes to reflect 
the WRC-07 Final Acts, it also creates three place-holder U.S. 
footnotes--US444, US444A, and US519--that replicate the pre-WRC-07 text 
of RR 5.444, RR 5.444A, and RR 5.519, respectively, and replace the 
references to these three international footnotes in the U.S. Table. By 
these actions, the Commission maintains the status quo in the U.S. 
Table until such time as the Commission may consider the substantive 
modifications that WRC-07 made to these three international footnotes. 
The Commission addresses these three international footnotes in the 
following paragraphs.
    14. Prior to WRC-07, RR 5.444 stated that, in the band 5030-5150 
MHz, the requirements of the international standard system (microwave 
landing system or MLS) take precedence over other uses of this band. 
WRC-07 revised RR 5.444 such that MLS requirements take precedence over 
other uses only in the band 5030-5091 MHz. Thus, the Commission adds a 
new place-holder US444 to the list of U.S. footnotes and, in the 
Federal and non-Federal Tables, the Commission replaces the references 
to RR 5.444 with that of US444. The text of new US444 is the same as 
the pre-WRC-07 text of RR 5.444, except that the reference to ``No. 
5.444A'' is revised to read as ``US444A.''
    15. Prior to WRC-07, RR 5.444A stated, inter alia, that in the band 
5091-5150 MHz, after January 1, 2012, no new assignments will be made 
to earth stations providing feeder links for non-geostationary orbit 
(NGSO) systems; and that, prior to January 1, 2018, MLS requirements 
which cannot be met in the band 5000-5091 MHz take precedence over 
other uses of this band. WRC-07 revised RR 5.444A by extending the date 
after which no new assignments will be made to earth stations providing 
NGSO feeder links to January 1, 2016, and by suppressing MLS precedence 
over other uses of the band 5091-5150 MHz. Thus, to preserve the status 
quo in the U.S. Table, the Commission adds a new place-holder footnote 
US444A to the list of U.S. footnotes and, in the non-Federal Table, the 
Commission replaces the reference to RR 5.444A with that of US444A. The 
text of new US444A is the same as the pre-WRC-07 text of RR 5.444A, 
except that the Commission added the phrase ``for non-Federal use.'' In 
order for the WRC-07 modifications to RR 5.444 and RR 5.444A to become 
effective in the United States, the Commission must adopt them in a 
future rulemaking proceeding.
    16. Prior to WRC-07, RR 5.519 stated that the band 18.1-18.3 GHz is 
also allocated to the meteorological-satellite service (space-to-Earth) 
on a primary basis, that use of this allocation is limited to 
geostationary orbit (GSO) satellites, and that the power flux-density 
(pfd) limits must be in accordance with the provisions of Article 21, 
Table 21-4. WRC-07 expanded this allocation by 100 megahertz in all 
Regions, and removed the cross reference to the pfd limits in Table 21-
4. Thus, the Commission adds new place-holder US519 to the list of U.S. 
footnotes and, in the Federal and non-Federal Tables, the Commission 
replaces the references to RR 5.519 with those of US519. The text of 
new US519 is the same as the pre-WRC-07 text of RR 5.519. In order for 
the WRC-07 allocation decision contained in RR 5.519 to become 
effective in the United States, the Commission must adopt it in a 
future rulemaking proceeding.
    17. Prior to WRC-07, RR 5.227 designated the frequency 156.525 MHz 
exclusively to digital selective calling (DSC) for distress, safety, 
and calling. WRC-07, however, took the text from RR 5.227, modified it 
slightly and combined it with the modified text of RR 5.226, and then 
reused the footnote number 5.227 for another allocation. In combining 
the revised requirements for 156.525 MHz with the modified text of RR 
5.226, WRC-07 highlighted the 156.525 MHz MMS frequency, additionally 
specified a 75-kilohertz allocation centered at 156.525 MHz (i.e., 
156.4875-156.5625 MHz) for the MMS, and restricted the use of this 
allocation to distress, safety, and calling via DSC. In addition, WRC-
07 revised Appendix 18 of the ITU Radio Regulations to require that all 
precautions be taken to avoid harmful interference to the frequency 
156.525 MHz when using the adjacent frequencies (156.500 and 156.550 
MHz). In order to preserve the status quo in the U.S. Table, the 
Commission adds a new place-holder footnote--US226--to the list of U.S. 
footnotes that replicates the pre-WRC-07 text of RR 5.226 and RR 5.227 
that is applicable to the 156.2475-156.7625 MHz band, and, in the 
Federal and non-

[[Page 62927]]

Federal Tables, the Commission replaces the references to RR 5.226 and 
RR 5.227 in that band (156.2475-156.7625 MHz) with that of US226. In 
order for the WRC-07 allocation decisions now in RR 5.226 and RR 5.227 
to become effective in the United States, the Commission must adopt 
them in a future rulemaking proceeding.
    18. WRC-07 modifications to the remaining 14 international 
footnotes are minor in nature, and require no further action on our 
part beyond updating the text of these footnotes to reflect the text 
now specified in the ITU Radio Regulations. Specifically, nine of the 
modified international footnotes (5.84, 5.108, 5.111, 5.115, 5.130, 
5.145, 5.200, 5.256, and 5.266) involve the deletion of a reference to 
Appendix 13 of the ITU Radio Regulations, which WRC-07 suppressed, and 
five of the modified international footnotes (5.79A, 5.82, 5.134, 
5.287, and 5.328A) involve updates and the removal of expired 
information.

D. Updates to U.S. Table and Domestic Footnotes Below 30 MHz

Fixed Use of Maritime Radiotelephony Frequencies
    19. Section 80.371 of the rules describes the radiotelephony 
working frequencies that are assignable to ship and public coast 
stations. Paragraph (a) of Sec.  80.371 contains a table that describes 
the working carrier frequency pairs in the band 2000-4000 kHz. NG19 
states that fixed stations associated with the maritime mobile service 
(MMS) may be authorized, for purposes of communication with coast 
stations, to use the frequencies that are assignable to ship stations 
in this band on the condition that harmful interference will not be 
caused to services operating in accordance with the Table of Frequency 
Allocations.
    20. Because NG19 does not explicitly state the bands to which it 
applies, it may not be readily apparent to readers that it applies to 
the three bands in which it is listed in the U.S. Table (i.e., 2000-
2065, 2107-2170, and 2194-2495 kHz). In order to assist readers, the 
Commission explicitly lists the three bands in NG19, and provide a 
cross reference to Sec.  80.371(a) for the list of available carrier 
frequencies. Also, NG19 applies to two services. Accordingly, in the 
bands 2107-2170 and 2194-2495 kHz, the Commission moves the reference 
to NG19 in the non-Federal Table from the right of the mobile except 
aeronautical mobile service (MS except AMS) allocation to the bottom of 
the cell. Because the Commission revises NG19, it also renumbers this 
footnote in frequency order as NG7.
    21. The Commission also notes that the band 2000-3000 kHz is listed 
in the Public Safety Pool Frequency Table in Sec.  90.20(c)(3) and that 
its use is restricted to fixed stations that operate in accordance with 
Limitation 75. The Commission further notes that only the bands 2107-
2170 and 2194-2495 kHz in the U.S. Table contain the appropriate cross 
references in the FCC Rule Part Cross References column of the 
Allocation Table. Accordingly, for the band 2000-2065 kHz, the 
Commission adds ``Private Land Mobile (90)'' in the FCC Rule Part Cross 
References.
The 7 MHz Realignment
    22. On March 10, 2005, the Commission implemented pertinent 
allocation decisions from the World Radiocommunication Conference 
(Geneva, 2003) (WRC-03) and updated certain of its service Rules. One 
of the most significant decisions in that action was the 7 MHz 
Realignment. Because the 7 MHz Realignment transition period concluded 
on March 29, 2009, the Commission has taken several actions to simplify 
and finalize the allocation display in the bands that comprise 6.765-
8.1 MHz.
a. Non-Interference Basis (NIB) Operations in Eight HFBC Bands
    23. Until March 29, 2009, the band 7.35-7.4 MHz (i.e., the upper 
half of the 7 MHz band) was allocated in all Regions to the FS and HFBC 
on a co-primary basis and to the land mobile service (LMS) on a 
secondary basis. The upper half of the 7 MHz band is now allocated to 
the HFBC on an exclusive basis throughout the world, except in those 
countries listed in RR 5.143C where the FS and the HFBC continue to be 
allocated on a co-primary basis.
    24. In this section, the Commission simplifies the authority for 
certain types of Federal and non-Federal stations to continue operating 
in eight HFBC bands in a manner that does not affect the ability of the 
general public in the United States to directly receive programming 
from international broadcast stations (NIB operations). Specifically, 
the Commission updates and consolidates the NIB authority for Federal 
stations in the FS to operate in 13 HF bands/sub-bands (HF NIB Bands), 
for Federal stations in the mobile except aeronautical mobile route (R) 
service (MS except AM(R)S) to also operate in 4 of these bands, and for 
grandfathered non-Federal stations to operate in certain of these 
bands.
    25. First, the Commission notes that non-Federal operations in the 
13 HF NIB bands are currently authorized in 2 U.S. footnotes--US366 and 
US396. Specifically, US366 restricts non-Federal use of the HF NIB 
Bands to stations in the FS and MS except AMS (i.e., the LMS and the 
MMS) that were licensed prior to March 25, 2007. Given the existing 
non-Federal licensees in the HF NIB Bands that were licensed prior to 
March 25, 2007, US366 consequently authorizes the following non-Federal 
NIB operations: (1) MMS stations may continue operating in the bands 
5.9-5.95, 13.57-13.6, 13.8-13.87, and 18.90-19.02 MHz (the 6, 13.6, 
13.8, and 19 MHz bands), and in the band 7.3-7.35 MHz (i.e., the lower 
half of the 7 MHz band); (2) FS and LMS stations may continue operating 
in the bands 7.3-7.35 MHz and 9.4-9.5 MHz (9 MHz); and (3) FS stations 
may continue operating in the bands 11.6-11.65, 12.05-12.1, 13.8-13.87, 
and 15.6-15.8 MHz (the 11, 12, 13.8, and 15 MHz bands). Further, US396 
states that non-Federal use of the band 7.35-7.4 MHz (i.e., the upper 
half of the 7 MHz band) is restricted to FS, LMS, and MMS stations that 
were licensed prior to March 29, 2009, except that a small sub-band at 
7.3685-7.3713 MHz, within the upper half of the 7 MHz band, was not 
reallocated for exclusive HFBC use and is instead authorized for 
continued use by Alaska private-fixed stations.
    26. Second, the Commission notes that Federal NIB operations in the 
13 HF NIB Bands are currently authorized in 3 U.S. footnotes--US366, 
US367, and US396--and that new Federal stations may be authorized in 10 
of theses bands. Specifically, US366 authorizes Federal FS stations to 
operate in 10 of the 13 HF NIB Bands, i.e., the 6, 9, 11, 12, 13.6, 
13.8, 15, and 19 MHz bands, in the band 7.3-7.35 MHz (the lower half of 
the 7 MHz band), and in the band 17.48-17.55 MHz (17 MHz). US366 also 
authorizes Federal stations in the MS except AMS (i.e., the LMS and 
MMS) to operate in the 6, 13.6, and 13.8 MHz bands, and in the lower 
half of the 7 MHz band.
    27. Also, US367 authorizes Federal use of 3 of the 13 HF NIB Bands 
(9.775-9.9, 11.65-11.7, and 11.975-12.05 MHz). Specifically, Federal 
use of the band is restricted to FS stations that were authorized as of 
June 12, 2003, and each grandfathered station is restricted to a total 
radiated power of 24 dBW. Finally, US396 authorizes Federal stations in 
the FS, LMS, and MMS to operate in the upper half of the 7 MHz band.
    28. Accordingly, the Commission combines the text of US366, US367, 
and US396 into a single U.S. footnote that consolidates the authority 
for Federal

[[Page 62928]]

and non-Federal stations to operate in the 13 HF NIB Bands. Consistent 
with our new footnote numbering policy, the Commission numbers this new 
U.S. footnote as US136.
    29. The Commission observes that non-Federal stations in the FS, 
LMS, and MMS will operate on a NIB to foreign-licensed international 
broadcast stations, irrespective of whether they are recognized in 
US136. The focus of the Commission's action here is to better inform 
NTIA of non-Federal incumbent operations in the HF NIB Bands, and 
thereby minimize the effort required to coordinate new Federal FS and 
MS except AM(R)S stations in those bands. Therefore, because our review 
revealed that non-Federal LMS stations operate in the 9 MHz band, the 
Commission lists this service in the consolidated text of US136 despite 
the fact that the 9 MHz band was never allocated to that service. In 
addition, because the review revealed that there is no longer any non-
Federal FS or LMS stations operating in the 6 MHz band or any non-
Federal FS stations operating in the 13.8 MHz band, the Commission 
revised the consolidated text in US136 by removing these unused non-
Federal allocations.
    30. At the request of NTIA, the Commission revises the consolidated 
text in US136 in order to reflect the full range of Federal NIB 
assignments in the 6, 7, 13.6, and 13.8 MHz bands. Specifically, NTIA 
states that: The United States sought and obtained explicit authority 
in the ITU Radio Regulations (see RR 5.136 and RR 5.151) to operate 
stations in the FS and MS except AM(R)S in these bands; and the United 
States' right to operate stations in the MS except AM(R)S in the 7 MHz 
band on a NIB to HFBC is internationally recognized in ITU Radio 
Regulation No. 4.4. Because such operations by their nature do not 
affect non-Federal stations, the Commission concludes that this 
editorial revision promotes clarity by stating in the consolidated text 
of US136 that Federal stations in the MS except AM(R)S currently 
operate in the 6, 7, 13.6, and 13.8 MHz bands and that NTIA can 
authorize new Federal stations in the MS except AM(R)S in these bands.
    31. As an aid to readers, the Commission revises the consolidated 
text in US136 as follows: In paragraph (a), we reflect the Commission's 
previous decision to alternatively allocate a small sub-band (i.e., the 
``assigned frequency band'' 7368.48-7371.32 kHz) within the upper 7 MHz 
band for continued use by Alaska private-fixed stations. In paragraph 
(b), we reflect the requirements that pertain to NIB use of the HFBC 
bands. In paragraphs (b)(1) and (b)(2), respectively, the Commission 
lists the restrictions that apply to Federal stations and non-Federal 
stations operating in the 13 HF NIB bands. The Commission also includes 
a table that lists the authorized Federal and non-Federal uses of the 
13 HF NIB bands. Finally, the Commission removes the text of two 
expired U.S. footnotes--US394 and US395--from Sec.  2.106 of the 
Commission's rules.
b. Amateur Radio Service and International Broadcast Stations
    32. 40-meter band. Because the 7 MHz Realignment transition period 
has concluded, the Commission replaces RR 5.142 (which contains an 
expired requirement regarding use of the band 7.1-7.2 MHz) in the U.S. 
Table with a new U.S. footnote that contains only the current 
requirement in RR 5.142 (``The use of the band 7.2-7.3 MHz in Region 2 
by the amateur service shall not impose constraints on the broadcasting 
service intended for use within Region 1 and Region 3.''). 
Consequently, the Commission numbers this new footnote as US142, which 
places it in frequency order and links it to the related international 
footnote RR 5.142. Also, in the FCC Rule Part Cross References column 
of the Allocation Table, the Commission changes all instances of 
``Amateur (97)'' to read ``Amateur Radio (97).''
    33. HFBC. The Commission also highlight that, in the Region 3 
insular areas, the bands 7.2-7.3 and 7.4-7.45 MHz are alternatively 
allocated for use by international broadcast stations that transmit 
their programming to listeners in Region 1 and Region 3 by reflecting 
this allocation from the Region 3 Table in new US142 and by separating 
these bands from the larger bands 7.1-7.3 and 7.4-8.1 MHz in the U.S. 
Table. The Commission takes this action because U.S. international 
broadcast stations regularly operate in these areas and because it 
allows us to highlight in the FCC Rule Part Cross References column 
that, in the U.S. Region 3 insular areas, the bands 7.2-7.3 and 7.4-
7.45 MHz are available for licensing under part 73, subpart F (i.e., 
international broadcast stations). In addition, as a consequence of the 
conclusion of the 7 MHz Realignment, we update Sec.  73.702(f)-(h) to 
reflect the availability of spectrum for international broadcast 
stations.
    34. In a related matter, the Commission simplifies the display of 
14 HFBC bands in the U.S. Table by merging adjacent bands, which differ 
only by footnote references, to form 6 larger bands. In the FCC Rule 
Part Cross References column, the Commission replaces all instances of 
``Radio Broadcast (HF)(73)'' with ``International Broadcast Stations 
(73F)'' in order to better highlight the availability of the spectrum 
for international broadcasting use.
Preferred Frequencies for Disaster and Long Distance Communications
    35. In the Public Safety Pool Frequency Table, the use of 
frequencies in the band 2000 to 10,000 kHz (i.e., 2-10 MHz) is 
restricted to disaster communications and operational communications 
circuits are expressly prohibited. Only the central governments of the 
50 States, the District of Columbia, and the U.S. insular areas are 
eligible to use this spectrum. Section 90.264, inter alia, restricts 
disaster communications to those bands between 2 and 10 MHz that are 
allocated to the FS and LMS. By Public Notice, the Commission specified 
28 carrier frequencies and their associated assigned frequencies as 
available for use in accordance with Sec.  90.264 for disaster 
communications between 2 and 10 MHz.
    36. The use of these 28 disaster frequencies is restricted in the 
Public Notice by power (1 kW peak envelope power (PEP)), emission type 
(2K80J3E), and class of station (fixed stations may operate on all 
frequencies; base and land mobile stations may also operate on the 
lowest 18 frequencies). Also, although 17 of the frequencies are 
available without geographic, purpose, or time restrictions, the Public 
Notice further restricted 11 of the disaster frequencies either by 
geographic scope (1 of the ``Day only'' use frequencies is available 
only for stations that are located in the conterminous U.S.), for a 
specific purpose (5 frequencies are designated as ``alternate'' and 5 
frequencies are designated for ``interstate coordination''), or by time 
of day (2 frequencies are available for ``Day only'' use). The 
Commission observes that NTIA agreed to nationwide non-Federal use of 
the 28 disaster frequencies in 1980, and thus, the Commission has not 
coordinated non-Federal use of these frequencies for approximately 28 
years.
    37. In the Industrial/Business Pool Frequency Table, the use of 
frequencies in the band 2000 to 25,000 kHz (i.e., 2-25 MHz) is 
restricted to the purposes specified in Limitation 1, which is a cross 
reference to 47 CFR 90.35(c)(1), and by class of station(s) (fixed, 
base, or mobile). In addition, Sec.  90.266, inter alia, restricts the 
use of any particular frequency between 2 and 25 MHz to those bands 
that are allocated to the FS and LMS.

[[Page 62929]]

    38. By Public Notice, the Commission specified 40 carrier 
frequencies and their associated assigned frequencies in 6 bands (2194-
2495 kHz; 3.155-3.4, 4.438-4.65, 5.005-5.45, 6.765-7, and 7.3-8.1 MHz) 
that are available for part 90 long distance communications. (The 
Commission notes that the band 7.3-7.4 MHz has since been reallocated 
to the HFBC.) The Public Notice specifies each frequency's station 
class (fixed stations may operate on all frequencies; land mobile and 
base stations may also operate on the 13 lowest frequencies; and 
itinerant fixed stations may also operate on the 27 highest 
frequencies) and that these stations do not require coordination with 
NTIA as long as the transmitter power does not exceed 1 kW PEP. In 
addition, these stations' emissions are limited to emission type 
2K80J3E and as specified in Sec.  90.266. Also, although 20 frequencies 
are available to these stations without time or geographic 
restrictions, the Commission restricted the use of the remaining 20 
frequencies. Specifically, the Public Notice restricts 8 frequencies by 
time of day (1 frequency is for ``Day only'' use and 7 are for ``Night 
only'' use) and restricts 13 frequencies by geographic scope (5 
frequencies are for stations located East of 108[deg] West Longitude 
(approximately the Continental Divide), 1 frequency is for stations 
located West of the Mississippi River, and 7 frequencies are for 
stations located West of 90[deg] West Longitude).
    39. The Commission has discussed this matter with NTIA, and it is 
our joint conclusion that, because it has not been necessary to revise 
the lists of available frequencies since 1980, we should reflect these 
important and long-standing uses in the Allocation Table. Accordingly, 
the Commission reflect these frequencies in the Allocation Table by 
reproducing the list of 68 carrier frequencies and the restrictions on 
their use in a new U.S. footnote, which we number as US22. The 
Commission anticipates that most, if not all, non-Federal requirements 
for disaster and long distance communications can be met using these 
channels. In sum, this action is expected to be helpful to applicants 
by highlighting the availability of these frequencies and it in no way 
limits the Commission's ability to coordinate the use of other 
frequencies in the Federal/non-Federal shared bands with NTIA.
Power Line Carrier Systems
    40. The Commission revises the text of US294 and a related 
reference in part 90 of the Commission's rules in order to clearly 
define the band within which Power Line Carriers (PLCs) must be 
coordinated in order to protect licensed stations, i.e., the band 9-490 
kHz. The Commission notes that this action is consistent with Sec.  
15.113(b), which states that: ``The signals from this [PLC] operation 
shall be contained within the frequency band 9 kHz to 490 kHz.'' The 
Commission also updates a cross reference in part 15 of the 
Commission's rules. Specifically, the Commission revises: US294 by 
replacing the phrases ``spectrum below 490 kHz'' and ``bands below 490 
kHz'' with the phrase ``band 9-490 kHz'' and by updating the PLC cross 
reference to the NTIA Manual from Chapter 7 to Chapter 8; Sec.  
90.35(g) by replacing the phrase ``10-490 kHz'' in the first sentence 
with the phrase ``9-490 kHz;'' and Sec.  15.5(a) and 15.113(a) by 
updating the cross reference from ``Sec.  90.63(g)'' to ``Sec.  
90.35(g).'' Because the Commission revises US294, it renumbers this 
footnote in frequency order as US2.
Forest Product Frequencies
    41. The Commission clarifies and updates US298 by changing 
``Channels 27555 kHz, 27615 kHz, 27635 kHz, 27655 kHz, 27765 kHz, and 
27860 kHz'' to read ``The assigned frequencies 27.555, 27.615, 27.635, 
27.655, 27.765, and 27.860 MHz.'' The Commission notes that these six 
frequencies are listed in the Industrial/Business Pool Frequency Table 
and that the use of these frequencies is restricted to base and mobile 
stations that operate in accordance with Limitation 89 in part 90, 
which is a reproduction of US298. The Commission further notes that a 
cross reference to part 90 is not shown in the band 27.54-28 MHz and we 
correct this oversight in this Order.

E. Updates to U.S. Table and Domestic Footnotes for VHF Bands (30 to 
300 MHz)

Maritime Mobile Bands Display Changes
    42. At the request of NTIA, the Commission reflects the 
internationally specified uses for three VHF MMS frequencies--156.8, 
161.975, and 162.025 MHz--as described.
a. Distress, Safety, and Calling Frequencies
    43. The pre-WRC-07 version of RR 5.226 states that the frequency 
156.8 MHz is the international distress, safety, and calling frequency 
for the maritime mobile VHF radiotelephone service and that the 
conditions for its use are contained in Article 31. In addition, a 75-
kilohertz band centered on 156.8 MHz (i.e., the band 156.7625-156.8375 
MHz) is allocated exclusively for this purpose in all Regions (i.e., 
the normal 25-kilohertz channel bandwidth that is authorized in the MMS 
is protected from harmful interference via the use of 25 kilohertz of 
guard-band spectrum on each side of the 25-kilohertz channel).
    44. In the United States, although the frequency 156.8 MHz is used 
in accordance with the ITU Radio Regulations and RR 5.226 is currently 
listed in the Federal and non-Federal Tables, the 75-kilohertz band 
centered at 156.8 MHz is not directly shown in the U.S. Table. Instead, 
this allocation is codified in US107, which reads as follows:
    US107 The frequency 156.8 MHz is the national distress, safety and 
calling frequency for the maritime mobile VHF radiotelephone service 
for use by Federal and non-Federal ship and coast stations. Guard bands 
of 156.7625-156.7875 and 156.8125-156.8375 MHz are maintained.
    45. In addition, NTIA recommends that the list of internationally 
permitted operations (i.e., distress and calling communications) on 
156.8 MHz be expanded by also listing urgency and safety. Specifically, 
NTIA notes that, consistent with Article 53 of the ITU Radio 
Regulations, urgency and safety communications are permitted in the 75-
kilohertz band centered at 156.8 MHz, and thus, these uses should also 
be listed in the parenthetical restrictions on transmissions to this 
MMS allocation.
    46. Because the 75-kilohertz band centered on 156.8 MHz has been 
allocated to the MMS on a primary, exclusive, and worldwide basis for 
distress and calling purposes since 1979, the Commission concludes that 
further aligning the U.S. Table with the International Table would be 
consistent with the Commission's established policy. A search of the 
Commission's licensing database showed that the 75-kilohertz band 
centered on 156.8 MHz is licensed to coast and ship stations, except 
for stations operating under four call signs, which are authorized on 
an unprotected and non-interference basis. Since the 75-kilohertz band 
at 156.8 MHz is not encumbered with other allocated services, 
displaying that band in the U.S. Table would be equivalent to our 
current footnote allocation. Thus, the Commission finds it would be 
appropriate to simplify the U.S. Table by mirroring the international 
table. Accordingly, the Commission reflects in the U.S. Table the 
primary MMS allocation in the band 156.7625-156.8375 MHz, which is 
restricted to distress, urgency, safety, and calling transmissions. 
Consequently, the

[[Page 62930]]

Commission remove US107 from Sec.  2.106 of the rules.
b. Automatic Identification System
    47. In September, 2008, the Commission adopted ``additional 
measures for domestic implementation of Automatic Identification 
Systems (AIS), an advanced marine vessel tracking and navigation 
technology that can significantly enhance our Nation's homeland 
security as well as maritime safety.'' With regard to that Order, the 
most significant decisions were to: ``Designate maritime VHF Channel 
87B for exclusive AIS use throughout the Nation;'' and ``determine that 
only Federal Government (Federal) entities should have authority to 
operate AIS base stations.'' In addition, in accordance with the 
Maritime Transportation Security Act, the Commission specified that the 
United States Coast Guard (USCG) regulates AIS carriage requirements 
for non-Federal ships.
    48. At the request of NTIA, the Commission highlights the two AIS 
frequencies--161.975 MHz (AIS 1) and 162.025 MHz (AIS 2)--by directly 
reflecting in the U.S. Table the MMS allocation for these frequencies 
and the restrictions on their use contained in US399. In addition, the 
Commission simplifies and clarifies US399 by consolidating part of the 
grandfathering text in an introductory phrase and by adding paragraph 
labeling for each of the grandfathering cases. Consistent with our new 
footnote numbering policy discussed, the Commission also renumbers 
US399 in frequency order as US228. As a result, the U.S. Table now 
displays two 25-kilohertz bands centered on AIS 1 and AIS 2, 
respectively, (i.e., 161.9625-161.9875 and 162.0125-162.0375 MHz), in 
combined Federal/non-Federal cells within the U.S. Table with the entry 
``MARITIME MOBILE (AIS) US228.''
Radiolocation Band Display Changes
    49. In this section, the Commission simplifies and corrects the 
display of the band 216-225 MHz in the U.S. Table. As background, in 
the Region 2 Table, the band 216-225 MHz is allocated, inter alia, to 
the radiolocation service (RLS) on a secondary basis and RR 5.241 
further restricts the use of this allocation to RLS stations that were 
authorized prior to January 1, 1990.
    50. US229. During the coordination process, NTIA advised us that, 
because RR 5.241 prohibits any new RLS stations from being authorized 
in the band 216-225 MHz, Federal RLS use of that band is necessarily 
limited to those stations authorized pursuant to US229 and to air-
search radars aboard USCG vessels that transmit on 220 MHz with a 
necessary bandwidth of 70 kHz (i.e., these emissions occupy the sub-
band 219.965-220.035 MHz). Therefore, NTIA requests that the Commission 
remove the secondary Federal radiolocation service allocation in the 
bands 216-217 MHz and 220-225 MHz from the Federal Table and list the 
70 kilohertz band that is used by the USCG in US229. As a result of 
removing the RLS allocation entry from the Federal Table, the Federal 
and non-Federal Tables are exactly the same for the band 220-222 MHz. 
Accordingly, the Commission listed the allocations and footnotes in 
this band once in a combined U.S. Table entry. The Commission also 
updated and revises US229 for clarity, consistency, and simplicity. 
Because of the revision to US229, the Commission renumbers this 
footnote with a number--US241--that is based on the related 
international footnote RR 5.241.
Fixed and Land Mobile Bands Display Changes
    51. US335. In order to improve the readability of US335, which sub-
divides the band 220-222 MHz into seven paired bands (one Federal 
exclusive band, four non-Federal exclusive bands, and two shared 
bands), the Commission places the bands in a table, list the bands in 
frequency order, and add four headings (Use, Base Transmit, Mobile 
Transmit, and Channel Nos.). The Commission also reproduced certain 
information from Sec. Sec.  90.715, 90.720, and 90.719 in new 
paragraphs (a), (c), and (d), respectively, in order to provide a basic 
understanding of the national plan for 220 MHz and to make it clear 
that the use of 10 shared channels (Channels 161-170) is restricted to 
public safety/mutual aid communications and that the use of 5 shared 
channels (Channels 181-185) is restricted to emergency medical 
communications. In addition, the Commission moved the existing 
provision in US335 for temporary fixed geophysical telemetry operations 
to paragraph (b). Because of the revision to US335, the Commission 
renumbers this footnote in frequency order as US242.

F. Updates to U.S. Table and Domestic Footnotes for UHF Bands (300 to 
3000 MHz)

 Non-Federal Use of Military Radar Band 420-450 MHz
    52. The Commission addressed several issues related to the band 
420-450 MHz, which is allocated to the Federal radiolocation service on 
a primary basis. Under G2, NTIA has restricted the use of this 
allocation to the military services, except as provided for in US217 
and G129. Although the band 420-450 MHz (70-centimeter (cm) band) is 
allocated to the amateur service on a secondary basis, the band 420-430 
MHz is not allocated to the amateur service North of Line A. Amateur 
stations may transmit in the 70-cm band at full power (i.e., 
transmitter power may not exceed 1.5 kW PEP), except in the areas 
specified in US7, where transmitter power is generally restricted to 50 
W PEP. NTIA has informed us that, due to the light Federal use of the 
authority provided for in US217, this footnote should be restricted to 
non-Federal use only. Specifically, NTIA determined that non-military 
use of the band 420-450 MHz is sufficiently infrequent that it prefers 
to manage this military band by accepting waivers of G2 from non-
military users. As a consequence of its decision, NTIA requested that 
the Commission revise G2 by removing the reference to US217.
    53. Non-Federal Radiolocation. At the request of NTIA, the 
Commission simplifies US217 by restricting its applicability to non-
Federal use. In addition, in order to simplify the rules and ensure 
that geographic areas listed in this footnote are consistent with those 
listed in US7 (which we combine with NG135 and renumber as US270), the 
Commission removed the geographic areas currently listed in US217 and 
replaced them with a cross reference to paragraph (a) of the 
consolidated footnote US270. For ease of use, the Commission also 
renumbered US217 as US269 so that the referenced geographic areas can 
be easily found in adjacent US270. In order to accomplish this 
advantageous renumbering, the Commission added the current text of 
US269, which urges fixed and mobile except aeronautical mobile 
licensees in the 2655-2690 MHz band to coordinate their systems, along 
with the secondary allocation status of the radio astronomy service in 
the 2655-2690 MHz band that is shown in the U.S. Table, to US311, and 
renumbered US311 as US385.
    54. 70-cm Amateur Radio Service Band. In order to consolidate all 
of the restrictions on amateur radio service operations in the band 
420-450 MHz in one footnote, the Commission combined the text from US7 
and NG135 into a single U.S. footnote, which is renumbered as US270. 
The Commission chose to number the consolidated footnote as US270 
because RR 5.270 contains the secondary amateur service allocation for 
the bands 420-430 and 440-450 MHz in the United States and three other 
countries.

[[Page 62931]]

Two-Way Air-Ground Public Radiotelephone Service
    55. In preparing this Order, the Commission discovered that the 
reference to NG12 in the band 456-460 MHz is missing from the non-
Federal Table. Therefore, the Commission takes this opportunity to 
correct this omission by reinserting the reference to NG12 in the band 
456-460 MHz in the non-Federal Table.
MED Channels
    56. Medical Radiocommunication Systems. In order to properly 
reflect the channeling plan used by medical radiocommunication systems, 
which consists of 40 channel pairs and is codified in paragraphs 
(d)(65) and (d)(66) of Sec.  90.20 (commonly known as the MED 
channels), the Commission revises US216 by adjusting the bandwidths of 
the two bands that are specified for use by medical radiocommunication 
systems. Specifically, it replaces the bands 462.94688-463.19688 MHz 
and 467.94688-468.19688 MHz in US216 with the bands 462.94-463.19675 
MHz and 467.94-468.19675 MHz, respectively. Thus, the Commission 
renumbers US216 as US73.
Television Bands
    57. NG128 and NG142. NG128 and NG142 authorize ancillary uses of TV 
Channels 2-36 and 38-69. Specifically, NG128 authorizes, inter alia, TV 
broadcast licensees or permittees to use subcarriers on a secondary 
basis for both broadcast and non-broadcast purposes. NG142 states that 
TV broadcast stations may use a portion of the television vertical 
blanking interval for the transmission of telecommunications signals, 
on the condition that harmful interference will not be caused to the 
reception of primary services, and that such telecommunications 
services must accept any interference caused by primary services 
operating in these bands. The bands 698-763, 775-793, and 805-806 MHz--
which are allocated to the fixed, mobile, and broadcasting services--
are regulated under part 27 and have been auctioned for Commercial 
Mobile Radio Service (CMRS) use. To the extent that these part 27 
licensees choose to implement the uses specified in NG128 and NG142, 
they may do so under their primary FS allocation. Accordingly, the 
Commission removed the band 698-806 MHz from NG128 and NG142. For 
clarity, it also amended NG128 by revising ``licensees or permittees'' 
(three instances) to read ``licensees and permittees.'' Because the 
Commission revised NG128 and NG142, it renumbers these footnotes in 
frequency order as NG5 and NG14, respectively.
Public Safety Bands
    58. The Commission reflects the availability of certain public 
safety bands in the Allocation Table. This action is taken in order to 
assist both non-Federal applicants and sponsored Federal agencies, and 
to facilitate the rapid conclusion of the 800 MHz-band transition.
    59. Section 2.103(b) of the Commission's rules states that Federal 
stations may be authorized to use frequencies in specified 700 MHz, 800 
MHz, and 4.9 GHz Bands that are allocated for exclusive non-Federal use 
if the Commission finds that such use is necessary and Federal 
operations are in accordance with the Commission's rules governing the 
service to which the frequencies involved are allocated. In 1998, the 
Commission concluded that Federal entities are ineligible for 
Commission licensing in the 700 MHz Public Safety Band, but found that 
``if a state or local governmental licensee desires for a Federal 
public safety entity to receive access to some or all of its licensed 
frequencies, the licensee can join in the request, under the NTIA/FCC 
process, to authorize Federal use of its non-government frequencies for 
noncommercial public safety services.''
    60. In July 2004, the Commission adopted the 800 MHz R&O, which 
reconfigured the 800 MHz band for private radio services that operate 
in the paired bands 806-824/851-869 MHz. In general, the 800 MHz R&O 
moved a dedicated public safety band (generally known as the National 
Public Safety Planning Advisory Committee (NPSPAC) Band) from 821-824/
866-869 MHz to 806-809/851-854 MHz; and established a contiguous block 
of paired spectrum for Enhanced Specialized Mobile Radio (ESMR) use at 
817-824/862-869 MHz, which the Commission licensed to Nextel (now 
Sprint Nextel).
    61. Accordingly, the Commission revises how the part 90 cross 
references in the 700 MHz, NPSPAC, and 4.9 GHz bands are displayed in 
column six of the Allocation Table in order to reflect that the Public 
Safety Land Mobile Radio Service (PSLMRS) is the specific Private Land 
Mobile Radio Service that is designated to use these bands and that 
part 90 specifies certain portions of these bands for PSLMRS 
operations. In order to better assist Federal agencies, we also 
highlight the 700 MHz and NPSPAC bands in the Federal Table by 
subdividing the band 698-890 MHz into nine smaller bands (698-763, 763-
775, 775-793, 793-805, 805-806, 806-809, 809-851, 851-854, and 854-890 
MHz). The Commission declines to add a U.S. footnote that would point 
to Sec.  2.102 at this time.
U.S. Footnote Changes in the Band 1390-1432 MHz
    62. The Commission makes several changes to the bands that comprise 
1390-1432 MHz. First, at the request of NTIA, it updates US351 by 
removing the expired authority for Federal stations to operate in the 
band 1390-1400 MHz on a fully protected basis at 17 sites. In doing so, 
the Commission notes that the text of updated US351 and the existing 
text of US352 are essentially identical. Therefore, it combined the 
explicit authority for Federal NIB operations to continue in the band 
1390-1400 MHz (US351) and in the band 1427-1432 MHz (US352) into a 
single U.S. footnote (US37). The Commission also noted that Federal 
agencies may, without further authority from NTIA, purchase and operate 
Wireless Medical Telemetry Service (WMTS) devices that have been 
certified by the Commission. Accordingly, the Commission updates the 
parenthetical exception text to better reflect the Commission's 
decision that although the bands 1390-1400 and 1427-1432 MHz were 
transferred for non-Federal exclusive use, Federal hospitals have 
access to the WMTS bands on a primary basis as end users.
    63. In the WRC-03 Omnibus R&O, the Commission inadvertently removed 
the reference to US74 from the band 1400-1427 MHz in the U.S. Table. 
Therefore, it takes this opportunity to correct this error by 
reinserting the reference to US74 in the band 1400-1427 MHz.

G. Updates to U.S. Table and Domestic Footnotes for SHF Bands (3 to 30 
GHz)

GOES Footnote
    64. Because the band 7190-7235 MHz is allocated for exclusive 
Federal use, in support of the Department of Commerce's Geostationary 
Operational Environmental Satellites (GOES), NTIA added a new Federal 
footnote--G134--to the NTIA Manual in its September 2008 revision. 
Because Federal footnotes denote stipulations applicable only to 
Federal operations, and the Federal Table is included in the Allocation 
Table for informational purposes only, adding G134 to the Federal Table 
is a non-substantive, editorial action. Therefore, the Commission added 
G134 to the Federal Table.

[[Page 62932]]

Ku-Band Fixed-Satellite Service
    65. In the United States, the band 11.7-12.2 GHz is allocated to 
the non-Federal fixed-satellite service (FSS) for space-to-Earth 
transmissions (downlinks). The Commission observed that NG145 and RR 
5.485 contain the exact same text, except that RR 5.485 opens with the 
phrase ``In Region 2''. The Commission's rules specify that where an 
international footnote is applicable, without modification, to non-
Federal operations, it is placed in the non-Federal Table. Accordingly, 
we correct the band 11.7-12.2 GHz in the non-Federal Table by replacing 
NG145 with RR 5.485.
    66. The Commission also notes that, in the Region 2 Table, RR 5.485 
is shown at the bottom of the cell in the bands 11.7-12.1 and 12.1-12.2 
GHz. Consistent with the Commission's current display of NG145, 
however, it places RR 5.485 to the right of the non-Federal FSS 
downlink allocation because this international footnote provides the 
licensees of FSS space stations with additional flexibility, but does 
not provide for a separate allocation, i.e., the Commission would not 
authorize a space station in the broadcasting-satellite service under 
this international footnote. Also, consistent with the Region 2 Table, 
the Commission corrects a display error by moving the reference to 
5.488 from the bottom of the cell in the band 11.7-12.2 GHz to the 
right of the non-Federal FSS downlink allocation.

H. Updates to Other Rule Sections

Adding Inter-Satellite Service Bands to Part 25
    67. The Commission makes a conforming modification to its part 25 
satellite rules. On December 19, 2000, the Commission realigned the 
allocations in the bands 50.2-50.4 and 51.4-71 GHz. As part of this 
realignment, the Commission provided separate inter-satellite service 
(ISS) allocations for Federal agencies and for non-Federal (commercial) 
licensees by allocating the band 65-71 GHz to the non-Federal ISS, 
deleting the non-Federal ISS allocation from the bands 56.9-57 and 59-
64 GHz, and allocating the band 64-65 GHz to the Federal ISS. The 
remaining ISS allocations in this frequency range (54.25-56.9 and 57-
58.2 GHz) are available for both Federal and non-Federal use. Note that 
the Commission adopted this plan at the request of NTIA, industry 
commenters supported the plan, and that Sec. Sec.  25.202(b) and 25.279 
of the Commission's rules already permit the use of these ISS 
allocations. Accordingly, the Commission adds the bands 54.25-56.9, 57-
58.2, and 65-71 GHz to the list of available ISS frequencies set forth 
in Sec.  25.202(a)(5) to conform to the Commission's 2000 decision. 
Consequently, the Commission also adds a cross reference to these rules 
in the FCC rule part cross references portion of the Allocation Table, 
i.e., ``Satellite Communications (25).''
Revisions of Parts 1 and 2
    68. The Commission revised Sec. Sec.  1.924(b)(3) and (e)(1), 
2.1(c), 2.100, 2.101(b), 2.104(c)(2), and 2.201(b). In addition, it 
makes various other minor revisions to Sec.  2.106. These revisions are 
generally for footnote placement, simplification, consistency, or 
updating purposes. In addition, on January 12, 2010, NTIA informed the 
Commission that G124 had been deleted from the NTIA Manual and 
requested that the Commission update its Allocation Table to reflect 
this action. As requested, the Commission removed the reference to G124 
from Sec.  2.106 in this Order. The Commission also corrects a 
typographical error in US378. Specifically, in the middle of the table 
in US378, above the bottom seven listed locations, the Commission 
inserted the heading ``50 km radius of operation centered on.'' The 
Commission shows updated cross references in the FCC Rule Part Cross 
References in Table A6 in Appendix A of the released Order.

Administrative Procedure Act Requirements

    69. The Commission amends parts 1, 2, 15, 25, 73, and 90 of the 
Commission's rules herein by incorporating non-substantive, editorial 
revisions only. Therefore, there is good cause for not employing the 
notice and comment procedure in this case, and for making the effective 
date of these amendments the date of publication in the Federal 
Register. Specifically, the Commission finds that the normal procedures 
for notice and comment and for publication as required under section 
553 of the Administrative Procedure Act would be impracticable, 
unnecessary, or contrary to the public interest. See 5 U.S.C. 
553(b)(3)(B); Kessler v. FCC, 326 F.2d 673 (DC Cir. 1963).

Ordering Clause

    70. Parts 1, 2, 15, 25, 73, and 90 of the Commission's rules, 47 
CFR are amended October 13, 2010. This action is taken pursuant to 
authority found in Sec.  4(i) and 303 of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i) and 303, and in Sec.  0.11, 0.31, 
0.231(b) and 0.241 of the Commission's rules, 47 CFR 0.11, 0.31, 
0.231(b) and 0.241.
    71. The Commission will not send a copy of this Order, pursuant to 
the Congressional Review Act. The Order does not change any rules; it 
makes non-substantive, editorial revisions to the Table of Frequency 
Allocation and to various other Commission rules.

List of Subjects

47 CFR Part 1

    Administrative practice and procedure, Reporting and recordkeeping 
req