In the Matter of AMENDMENTS OF SUBPARTS C, G. H, AND I OF PART 21 OF THE COMMISSION'S RULES TO REDUCE THE SEPARATION BETWEEN ASSIGNABLE FREQUENCIES IN THE 450-470 MC/S BAND
FOR DOMESTIC PUBLIC RADIO SERVICES (OTHER THAN MARITIME MOBILE)
Docket No. 17023
FEDERAL COMMUNICATIONS COMMISSION
11 F.C.C.2d 977; 12 Rad. Reg. 2d (P & F) 1596
RELEASE-NUMBER: FCC 68-243
March 6, 1968 Adopted
REPORT AND ORDER
BY THE COMMISSION: CHAIRMAN HYDE ABSENT; COMMISSIONER JOHNSON CONCURRING IN RESULT.
[*977] 1. This proceeding was instituted by a notice of proposed rulemaking released December 2, 1966 (FCC 66-1086) n1 to amend subparts C, G, H, and I of part 21 of the Commission's rules as set forth in the appendix thereto and errata. The time for filing comments and reply comments expired February 9, and March 7, 1967, respectively. n2 The information contained in the five comments and three reply comments, together with the pertinent and relevant information contained in docket No. 13847, n3 were all considered by the Commission.
n1 The notice was published in the Federal Register of Dec. 10, 1966 (31 F.R. 15600).
n2 Time for filing comments and reply comments was extended by orders released Jan. 11 and Feb. 24, 1967.
n3 "In the Matter of * * * Amendment of parts 2, 87 (formerly 9), 89, 91, 93, 95, and 21 of the Commission's rules to reallocate frequencies in the 460-470 Mc/s band and to make additional frequencies available for assignment in the 450-470 Mc/s band."
2. In docket No. 13847 (channel splitting in the safety and special radio services), the Commission adopted technical standards to permit the operation of radio facilities in the 450-470 Mc/s band upon frequencies separated by 25 kc/s, as well as certain mandatory dates for the implementation of such standards. The Commission believed that the public interest would best be served by the application of these same technical standards and time limits to common carrier radio services in this band. Accordingly it issued the above-entitled notice of proposed rulemaking.
3. In the proposed notice the following amendments were recommended to subparts C, G, H, and I of part 21 of the Rules: tightening of frequency tolerance limits to 0.00025 percent for fixed and base stations, and to 0.0005 percent for all mobile stations; reduction of frequency deviation due to modulation to 5 kc/s in lieu of 15 kc/s; and the use of a postlimiter roll-off filter with characteristics recommended by Working Group 8 of the Land Mobile Advisory Committee. [*978] All systems, existing and new, would be required to operate with deviation reduced to +-5 kc/s within 6 months after the effective date of the report and order adopting these standards; all systems authorized prior to November 1, 1967 would have until November 1, 1971, to conform to all of the proposed new technical standards (viz. bandwidth, tolerance, and roll-off filter).
4. No objections were raised to the proposed channel splitting. Objections were raised to the timetable set up for its implementation and suggestions were addressed to proposed allocations of the new channels. Since the suggestions made for frequency allocation go beyond the scope of the instant rulemaking proceeding they will not be considered at this time. Further, the effective dates for the implementation of the technical standards were established in docket No. 13847 on the bases of the very urgent need to implement the newly created splits to immediately alleviate channel congestion. These same urgent needs prevail for the common carrier services. In addition, the availability of the additional radio channels obtained by channel splitting will avoid the necessity for holding comparative hearings in many situations, or in those cases where hearings must be held, serve to simplify the issues. Therefore, all systems, existing and new, will be required to operate with deviation reduced to +-5 kc/s by June 1, 1968. All systems authorized prior to June 1, 1968, will have to conform to all of the proposed new technical standards (viz. bandwidth, tolerance, and roll-off filter) by November 1, 1971.
5. The comments filed by Central Watch Service, Inc., n4 concerning apparent variances in the notice of proposed rulemaking and the appendix attached thereto and the omission of the date for implementation of the roll-off filter for existing facilities are well taken and the necessary corrections in the appendix have been made.
n4 For good cause shown, the late-filed comments by Central Watch Service, Inc., are accepted and have been considered.
6. The Commission is of the opinion that the benefits to be derived by the public from early implementation of the new split channels will outweigh the inconveniences which may be occasioned by the dates established in this report and order, and which conform with the dates set forth in docket No. 13847. Under the circumstances, we conclude that the public interest, convenience, and necessity would best be served by amending part 21 of the rules. The changes in technical standards herein adopted will necessitate withdrawal of type acceptance as of November 1, 1971, for a number of transmitter types now listed in the Commission's radio equipment list. A list of transmitter types so affected will be issued in the near future.
7. Accordingly, pursuant to authority contained in sections 4(i), 303(r), and 307(d) of the Communications Act of 1934, as amended, It is ordered, That pursuant to the effective dates stated in paragraph 4, supra, part 21 of the Commission's rules Is amended.
8. It is further ordered, That this proceeding Is terminated.
FEDERAL COMMUNICATIONS COMMISSION, BEN F. WAPLE, Secretary.