[Federal Register: April 22, 2004 (Volume 69, Number 78)]
[Rules and Regulations]
[Page 21760-21761]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap04-16]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 97
[ET Docket No. 02-98; FCC 04-71]
Amateur Radio Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document denies a Petition for Reconsideration filed by
Mr. W. Lee McVey in response to the Commission's decision in a Report
and Order. The Commission finds that arguments and information provided
in the Petition were substantively addressed by the Report and Order
and do not merit further consideration.
DATES: Effective May 24, 2004.
FOR FURTHER INFORMATION CONTACT: James Miller, Office of Engineering
and Technology, e-mail james.miller@fcc.gov, telephone (202) 418-7351.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Memorandum Opinion and Order, ET Docket No. 02-98, FCC 04-71, adopted
March 24, 2004, and released March 31, 2004. The full text of this
document is available on the Commission's Internet site at http://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,
Qualex International, Portals II, 445 12th St., SW., Room CY-B402,
Washington, DC 20554; telephone (202) 863-2893; fax (202) 863-2898; e-
mail qualexint@aol.com.
Summary of the Memorandum Opinion and Order
1. The Memorandum Opinion and Order (MO&O), denied the Petition for
Reconsideration filed by Mr. W. Lee McVey (petitioner) in response to
the Commission's decision in the Report and Order (R&O), 68 FR 33020,
June 3, 2003. The Commission found that the arguments and information
provided in the Petition were substantively addressed by the R&O and do
not merit further consideration.
2. In the R&O, the Commission denied American Radio Relay League,
Inc. (ARRL), petition requesting, inter alia, that the Commission make
a secondary allocation to the Amateur Radio Service (ARS) in the 160-
190 kHz band for experimentation in the low frequency (LF) range.
Amateur use of the 160-190 kHz band is permitted under part 15 of our
rules, and use of any band, including the LF band, can be permitted
under our experimental rules on a case-by-case basis. The band is
allocated to both the fixed and maritime mobile services on a primary
basis for Federal Government users and also to the fixed service on a
primary basis for non-Federal Government users. There are ten Federal
Government assignments for coast stations communicating with ships at
sea, and several Federal Government fixed service sites in this band.
There are no non-Federal Government assignments in the Commission's
database for this frequency band.
3. In addition, unlicensed devices use the LF spectrum. These
systems do not have any allocation status, but are authorized to
operate under part 15 of our rules on an unprotected, non-interference
basis with respect to all other users. Section 15.209 of our rules
generally permits unlicensed operation at power limits of 4.9
microvolts/meter. Further, Sec. 15.113 of our rules specifically
permits Power Line Carrier (PLC) systems to operate on power
transmission lines for communications important to the reliability and
security of electric service to the public in the 9-490 kHz band. In
this regard, utility companies have generally come to rely on PLC
systems to support a variety of monitoring and control functions of the
national power grid. For example, electric utility operators use PLC
signaling systems in this band in conjunction with monitoring devices
to detect malfunctions and damage to power transmission facilities such
as transformer failures and downed lines. When such events occur, these
same PLC systems then are used to remotely trip protection circuits
that minimize damage to the power system and eliminate danger to
individuals in the area of the event.
4. On reconsideration, the petitioner primarily reiterates the
opinion he expressed in comments filed in response to the Notice of
Proposed Rulemaking (NPRM), 67 FR 40898, June 14, 2002, in the
proceeding that PLC use in power grid infrastructure is insignificant
and alternative technologies should be encouraged. Although the
petition provides additional specific information about PLC systems and
alternative technologies used by electric power networks, this
information is not substantially different from information in the
record, including that supplied by petitioner in his comments, when the
Commission made its subject decision. Based on its analysis of the
record, including information provided by utility companies that use
PLC systems, the Commission found that utility companies have come to
rely on PLC systems for monitoring and control of the power grid.
Although the petitioner may disagree with this conclusion, it was based
on record evidence, and the petitioner has not provided evidence that
contests this conclusion.
5. We also disagree with the Petition's assertion that the
Commission failed to
[[Page 21761]]
take proper action by continuing to rely upon part 15 of our rules and
regulations to protect such alleged vital communications and that we
should instead provide a primary allocation for PLC systems in this
band. PLC systems have been operating successfully in this band for
many years on an unlicensed basis pursuant to part 15 of our rules. The
Commission acted responsibly in deciding not to modify the allocations
for the band. As we noted in the R&O, the Commission considers the
potential for interference conflicts between different types of
operations, whether licensed or unlicensed, when it considers whether
to make allocation changes to a band. That we found a potential threat
to PLC operations in the licensing of a new service in the band is not
to say that current operations are uncertain or insecure. The
Commission concluded that it was better to maintain the status quo than
to differentiate the status of one service vis-[agrave]-vis another in
the band.
6. Finally, in the NPRM in the proceeding, the Commission did not
propose to provide an allocation for PLC systems in this band, and thus
the Petition's request that we do so on reconsideration is beyond the
scope of this proceeding. Further, we will not initiate a proceeding to
provide such an allocation, nor to provide technical and service rules
for PLC systems as the Petition requests. We note that the petitioner
raised similar arguments in comments filed in response to the NPRM,
suggesting that if PLC systems used narrow-band channels, a portion of
the band could be made available for an ARS allocation. The Commission
determined in the R&O that although other techniques, could be used to
control the power grid, these alternatives may not be as effective,
would be costly to implement, and would be disruptive to the public.
The Commission is not persuaded that it should revisit this issue at
this time.
7. In conclusion, the petitioner alternately reiterates arguments
and information already considered in the R&O, and requests action
beyond the scope of this proceeding. Further, the Commission concludes
that, on balance, our decision properly balances concerns for PLC use
supporting the protection and control of the national power grid,
without unduly constraining amateur use of the band. The Commission
denies the Petition for Reconsideration.
Ordering Clauses
8. Pursuant to the authority contained in sections 4(i), 303(c),
303(f), 303(g), and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303(c), 303(f), 303(g), and 303(r), the
Petition for Reconsideration filed by petitioner is denied.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-9169 Filed 4-21-04; 8:45 am]
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