Practice and procedure: 69,

[Federal Register: November 17, 1998 (Volume 63, Number 221)]

[Rules and Regulations]

[Page 63798-63799]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17no98-9]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 97-157, FCC 98-261]

Reallocation of Television Channels 60-69, the 746-806 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

SUMMARY: By this Memorandum Opinion and Order, the Commission reconsiders its decisions in the Report and Order in this proceeding, and declines to change its decision to allow no new television (TV) permittees to operate in channels 60-69. The Commission also declines to change the status of low-power TV and TV translators in channels 60- 69.

DATES: Effective November 17, 1998.

FOR FURTHER INFORMATION CONTACT: Sean White, Office of Engineering and Technology, (202) 418-2453.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Memorandum Opinon and Order, adopted October 5, 1998, and released October 9, 1998. The full text of this Commission decision is available for inspection and copying during regular business hours in the FCC Reference Center (Room CY-C404), 445 Twelfth Street, SW, Washington, DC. The complete text of this decision also may be purchased from the Commission's duplication contractor, International Transcription Service, Inc., (202) 857-3800, 2100 M Street, N.W., Suite 140, Washington, D.C. 20037.

Summary of Memorandum Opinion and Order

1. In this Memorandum Opinion and Order, the Commission addresses four petitions for reconsideration of the Report and Order, 63 FR 6669, February 10, 1998, in this proceeding. In the Report and Order, the Commission reallocated TV channels 63, 64, 68, and 69 to the fixed and mobile services, and designated them for the exclusive use of public safety, and channels 60-62 and 65-67 for commercial use pursuant to a future auction. The Commission also declined to adopt additional protections for low-power TV and TV translator stations beyond those adopted in its DTV Proceeding, See In re Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service (DTV Proceeding), MM Docket No. 87-268, Fifth Report and Order, 62 FR 26996, May 16, 1997, (on reconsideration, 63 FR 13546, March 20, 1998); Sixth Report and Order, 62 FR 26684, May 14, 1997, (on reconsideration, 63 FR 15774, April 1998), and stated that no new applications will be considered for the provision of analog TV service in channels 60-69, but that current applicants would, at a later date, be afforded an opportunity to amend their applications to seek channels below 60 upon which to provide service. The Commission received petitions for reconsideration of the Report and Order from four parties. Three of these parties requested reconsideration of the decision to consider granting no new applications in channels 60-69, and one requested reconsideration of the decision to provide no additional protection to low-power TV and TV translator stations.

2. The Commission found that it had the authority to dismiss license applications when the public interest so demands. The Commission also found that it was the intention of Congress in the Balanced Budget Act of 1997 that channels 60-69 were to be reallocated

[[Page 63799]]

with all due haste, with only ``grandfathering'' for current licensees in the band. The Commission also concluded, however, that it was important to maximize the utility of the 746-806 MHz band for public safety and new commercial services. In addition, any TV application granted would have no allotment for a DTV channel and would be required to cease analog operations at the end of the DTV transition period. For these reasons, the Commission decided not to authorize additional new analog full-service television stations on channels 60-69. Upon reconsideration in this Memorandum Opinion and Order, the Commission affirmed its authority to make these decisions, and held that it had been presented with no persuasive arguments to change the decisions made in the Report and Order. The Commission stated that it would provide applicants a later opportunity to amend their applications to seek a channel below 60, but would not authorize additional new full- service analog TV stations in channels 60-69.

List of Subjects in 47 CFR Part 2

Frequency allocations and radio treaty matters, Radio.

Federal Communications Commission. Magalie Roman Salas, Secretary.

[FR Doc. 98-30553Filed11-16-98; 8:45 am]

BILLING CODE 6712-01-P