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File how2ftp (.txt & .wp) is in directory /pub/Bureaus/Miscellaneous/Public_Notices/ ***************************************************************** ******** $//Allocation of the 219-220 MHz Band for Use by the Amateur Radio Service, FCC 96-25//$ $/97.303 Frequency sharing requirements/$ $/// FCC 96-25 3/13/96 ///$ ///newjob/// FCC 96-25 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Allocation of the ) ET Docket No. 93-40 219-220 MHz Band for Use by ) RM-7747 the Amateur Radio Service ) MEMORANDUM OPINION AND ORDER Adopted: January 25, 1995; Released: March 20, 1996 By the Commission: Commissioner Quello issuing a statement. INTRODUCTION 1. By this action, the Commission addresses the Petition for Reconsideration (Petition) of the Report and Order in this proceeding filed by Fred Daniel d/b/a Orion Telecom (Orion). Specifically, we affirm our allocation of the 219-220 MHz band to the Amateur Radio Service on a secondary basis. We also maintain our regulations concerning the notification distance between Automated Maritime Telecommunications Systems (AMTS) and amateur radio operations, the exclusion distance between AMTS and amateur operations, and the type of equipment permitted in this band. However, we are amending our amateur rules to reflect the frequency upon which the AMTS stations operate. Finally, we are also taking this opportunity to update and correct the Table of Frequency Allocations as a purely ministerial matter. BACKGROUND 2. The 216-218 MHz and 219-220 MHz frequency bands are currently allocated on a primary basis to the Maritime Mobile Service for AMTS. In the Report and Order, we allocated the 219-220 MHz band on a secondary basis to the Amateur Radio Service for the provision of point-to-point fixed digital message forwarding systems, including intercity packet backbone networks. We found that this allocation will serve the public interest by: 1) relieving congestion that exists in the 222-225 MHz band in certain geographic areas; 2) encouraging the development and implementation of regional and/or nationwide digital message forwarding system networks that can be used for emergency and national defense communications purposes; 3) facilitating connection of local packet nodes to form such regional and nationwide networks; and 4) providing spectrum for exploration of new technology related to these purposes. 3. We also adopted a regulatory plan to ensure that use of the 219-220 MHz band by amateurs would not interfere with other users of this and adjacent bands. Specifically, we require that amateur licensees notify an AMTS licensee if the amateur operation is within 640 km (397.7 miles) of an AMTS base station (the "notification distance") and also require that amateur licensees inform the American Radio Relay League, Inc. (ARRL) of all operations in the 219-220 MHz band. The ARRL will maintain a database of amateur 219-220 MHz operations to facilitate coordination and interference resolution. Further, we require amateur licensees to receive written approval from AMTS licensees before establishing amateur 219-220 MHz operations within 80 km (49.7 miles) of an AMTS base station (the "exclusion distance"). Finally, our rules state that no amateur licensee may cause harmful interference to AMTS operations or to other primary allocations in and adjacent to the 219-220 MHz band. 4. On April 17, 1995, Orion, an AMTS licensee, filed a Petition for Reconsideration of the Report and Order, requesting that we rescind the 219-220 MHz allocation to the amateur radio service or, alternatively, that we make a number of modifications to the rules to provide additional protection for AMTS operations. ARRL filed an opposition to Orion's Petition on May 17, 1995. Orion filed a reply to the opposition on May 24, 1995. No other party filed at this stage of the proceeding. DISCUSSION A. The Allocation. 5. In its Petition, Orion argues that we should rescind our decision to allocate, even on a secondary basis, the 219-220 MHz band to the Amateur Radio Service. Specifically, it contends that the exclusion distance of 80 km between AMTS and amateur operations, adopted in the Report and Order, is insufficient to protect primary AMTS operations from harmful amateur interference. Orion states that the amateur allocation is secondary and contends that the rules should provide protection to AMTS under all conditions. It further argues that a 925 km (575 mile) exclusion distance is necessary to protect AMTS operations and that this distance would, in turn, render the 219- 220 MHz band unusable for the amateur radio service because the exclusion distance would cover most of the United States. 6. Orion adds that it is particularly concerned that areas with the greatest demand for additional amateur spectrum are in urban areas near waterways where AMTS may be provided. It acknowledges that amateurs need additional spectrum for digital message forwarding systems in urban areas, but states that 11 of the top 15 urban areas are in coastal areas, near coastal areas, or on major inland waterways. Orion asserts that because the AMTS already has a primary allocation in the 219-220 MHz band and is entitled to protection from interference by secondary operations, this portion of the spectrum will not generally be available to amateurs in urbanized areas where they most need additional spectrum. Orion therefore submits that an allocation of this band on a secondary basis to the amateur radio service is not practical and should be rescinded. 7. In its opposition, the ARRL argues that the 925 km exclusion distance between AMTS stations and amateur operations, suggested by Orion, is without technical merit or justification. ARRL claims that Orion's proposed 925 km exclusion distance is not justified by a technical showing. Instead, it points to a study prepared by Atlantic Research which demonstrates that a distance of 120 km (74.6 mile) between AMTS and amateur operations would be sufficient to prevent co-channel interference under worst case conditions, and in a typical case a distance of only 70 km (43.5 miles) would suffice. ARRL adds that interference to AMTS facilities is more likely to be caused by other AMTS facilities than by amateur operations because of technical differences in the bandwidth and signal polarization applicable to each service, and because amateur licensees can use directional antennas to avoid causing interference. 8. ARRL further contends that although AMTS operations are located in some major metropolitan areas, amateurs can nevertheless operate in these areas without causing interference to AMTS. It states that Orion's argument to the contrary does not take into account the station separation requirements applicable to the 219-220 MHz band that are specified in our rules to accommodate AMTS stations. Finally, ARRL argues that Orion has not justified its claim that a secondary amateur allocation is impractical. 9. In its reply, Orion reiterates its claim that a 925 km exclusion distance is needed to protect AMTS operations. Orion further states that it does not need to provide a technical showing or report concerning interference protection since paragraph 30 of the Report and Order already acknowledges that the existing 80 km geographic separation requirement is not sufficient to protect AMTS from amateur interference in all circumstances. 10. Decision. We continue to believe it is appropriate and desirable to provide a secondary allocation for amateur point-to- point fixed digital message forwarding systems at 219-220 MHz. Contrary to Orion's assertion, we believe that the 80 km exclusion and 640 km notification distances are sufficient to protect AMTS operations from interference caused by amateur operations. As stated in the Report and Order, these distances were derived as a result of technical studies and a consensus between the ARRL and Waterway Communications Systems, Inc. (Watercom), an AMTS provider. We note, in fact, that the notification distance proposed in the Notice of Proposed Rulemaking in this proceeding was increased in the Report and Order to compensate for the possibility of rare propagation conditions, such as tropospheric ducting. While ducting can increase propagation distances, Orion has not provided any technical showing that the 80 km exclusion zone adopted in the Report and Order, combined with the notification zone and other safeguards adopted herein, are not sufficient to protect against interference to AMTS operations. Orion bases its proposal for an exclusion distance of 925 km on the propagation phenomenon of tropospheric ducting, but fails to demonstrate or even address the severity or applicability of this phenomenon in this case. Orion has not provided any information regarding the probability that ducting will occur, the distance a signal would travel when ducting is present, the potential for harmful interference under such conditions, or any other reason to justify its proposed 925 km exclusion distance. Finally, while paragraph 30 of the Report and Order acknowledges that signals can occasionally travel substantial distances by the phenomenon of tropospheric ducting, we also concluded that our adopted notification and exclusion distances are sufficient to protect AMTS operations. Accordingly, we are denying Orion's request that we rescind our decision to allocate the 219-220 MHz band on a secondary basis for amateur point-to-point fixed digital message forwarding systems. B. Additional protection for AMTS operations. 11. In its Petition, Orion also requests that, in the event we do not rescind our allocation decision, we amend our rules to provide better protection for AMTS operations. Specifically, it requests that we also modify the rules to protect remote receivers, which may be located several miles from their base stations, from harmful interference. Additionally, Orion requests that we require amateur operations in the 219-220 MHz band to use interference avoidance techniques such as directional antennas, frequency separation, and cross polarization of signals. Orion claims that we acknowledged in the Report and Order the necessity of interference avoidance techniques to protect primary operations, but that we failed to require their use. Orion also states that although the text of the Report and Order provides that amateurs must immediately either resolve any interference to AMTS licensees or else cease operation, Part 97 failed to include that requirement. It asks that we amend Part 97 to include that requirement. Finally, Orion argues that amateur equipment used in the 219-220 MHz band should be type accepted in order to ensure that amateur operators use high quality equipment that will not interfere with commercial spectrum users. 12. In its opposition to Orion's Petition, ARRL claims that no modification to the rules is necessary to protect AMTS remote receivers, nor was any such modification even suggested by Orion in its comments to the Notice of Proposed Rulemaking in this proceeding. Regarding Orion's assertion that the Part 97 rules should require amateur 219-220 MHz operations to use interference avoidance techniques, ARRL responds that these rules are unnecessary. ARRL contends that interference avoidance techniques may enable amateur stations to operate in close proximity to AMTS coast stations, but that these techniques are not always needed. ARRL argues that it would be highly unusual and overly regulatory for the Commission to specify levels of directionality of antennas, frequency separation, cross- polarization of signals, and other techniques, and that such additional regulations would not produce any tangible benefit. ARRL states that it will maintain a registry of amateur operations in this band, including an exhaustive list of transmitter operating parameters, and that it will make this information available to AMTS licensees. Additionally, ARRL states that if after notification, an AMTS licensee has interference concerns about a particular amateur station, the licensee can contact it before the amateur station commences operation. Finally, ARRL argues that there has never been any indication that amateur equipment is unstable or should otherwise require type acceptance. ARRL adds that there is no evidence that type acceptance of amateur equipment would provide better protection of AMTS operations than that provided by existing rules, but such a type acceptance requirement would certainly add to the cost of amateur equipment. 13. In its reply, Orion contends that because the rules do not specify a minimum bandwidth, amateurs could use the same 50 watts maximum power on a 100 kHz channel as on a 25 kHz channel. Therefore, Orion requests that our rules be amended to specify the maximum permissible power as a percentage of the channel width over which the signal is spread. Further, Orion states that although Section 97.303(e)(4) of the rules states that the location of AMTS licensees may be obtained from the ARRL and Interactive Systems, Inc, it does not reflect that a data base search of the 219-220 MHz band will not generate the location of AMTS coast stations because they transmit in the 217- 218 MHz band. Orion recommends that the amateur rules be clarified to reflect the frequency bands of AMTS operations. 14. Decision. We believe that the rules already in place to protect AMTS coast stations are sufficient to protect remote receivers as well because coast stations and remote receivers are typically in close proximity to one another. Additionally, once notification is provided to the AMTS licensee, the licensee can easily inform the amateur operator of remote receiver locations. In any event, amateur operations are secondary in this band and the operators of such stations are required to resolve any interference that may occur to AMTS remote receivers. We also believe that requiring specific interference avoidance techniques for amateur operations is unnecessary. Instead of requiring amateurs to use specific techniques, we are permitting amateur operators the flexibility to use whatever techniques they may deem appropriate to accomplish communications on a non- interference basis. 15. We also observe that Orion's assertion is incorrect that Part 97 of the rules does not reflect the requirement specified in the Report and Order that "amateurs will be required to resolve immediately any complaint of interference to an AMTS station or, alternatively, to cease operation." Section 97.303(e)(2) states that "[n]o amateur station transmitting in the 219-220 MHz segment shall cause harmful interference to, nor is protected from interference due to operation of Automated Maritime Telecommunications Systems...." The language of this rule clearly holds amateur operators responsible for avoiding interference to AMTS operations. 16. We will not require amateur equipment to be type accepted. We agree with ARRL that there is no evidence that amateur equipment has a history of being defective or that there is a need to require type acceptance for operations in the 219- 220 MHz band. Amateurs have an exemplary record of interference avoidance with other services. Therefore, we conclude that application of the type acceptance procedure to amateur 219-220 MHz band equipment would be unnecessarily burdensome. Similarly, we see no reason to adopt Orion's request that the rules provide for varying the maximum permissible power in relation to the channel bandwidth. We note that this request was not raised in Orion's Petition and was therefore not timely filed. In any event, existing interference protection assurances appear adequate to protect AMTS operations. We do, however, find merit in Orion's suggestion that the amateur rules specify the bands of operation for AMTS. This will enable amateur operators to identify more readily all relevant AMTS operations. The exclusion and notification distances were calculated and intended to apply to operations within the 219-220 MHz band. AMTS operations in this band are paired with the 217-218 MHz band, and accordingly we agree with Orion that reference therefore must be made to licensed operations in both bands in order to protect AMTS systems. We are therefore amending Sections 97.303(e)(4) and 97.303(e)(5) accordingly. C. Notification Requirements. 17. In its Petition, Orion argues that the required notification to AMTS licensees by amateur operators should contain the specific technical parameters of the proposed amateur operation. In particular, Orion states that the notification should include: 1) the center frequency of the proposed amateur channel, 2) the effective radiated power in the direction of the AMTS station, 3) a plot of the horizontal radiation pattern for the proposed antenna, 4) the height of the proposed antenna above ground, 5) the height of the proposed antenna above average terrain, 6) a description of the proposed emission, and 7) a telephone number at which the amateur operator can be reached at any time during the amateur's operation in the band. Orion states that this information is necessary to enable amateurs to evaluate their potential for interference to other operations and is similarly needed by AMTS licensees in the event interference to their operation occurs. 18. In response, ARRL argues that amateur 219-220 MHz operators should not be required to send specific technical information in their notifications to AMTS licensees. ARRL states that its registration form provides AMTS operators with ample information and that if an AMTS licensee needs additional information, ARRL will revise the form to provide the additional information. 19. Decision. We agree with Orion that amateurs' notifications to AMTS licensees should include sufficient technical information to facilitate coordination between amateur and AMTS operations. We find, however, that the notification form developed by ARRL in response to the rules adopted in the Report and Order does provide sufficient information for this coordination process. This form includes licensee information, transmitter location, transmitter characteristics, power output, antenna height, and antenna characteristics. We therefore do not believe that it is necessary at this time to amend the rules to specify that amateurs provide specific technical information, as requested by Orion. If the current coordination procedures do not prove satisfactory we will however revisit this issue. REGULATORY FLEXIBILITY ANALYSIS 20. The analysis required by the Regulatory Flexibility Act of 1980, 5 U.S.C. Section 608, is contained in Appendix B. ORDERING CLAUSES 21. Accordingly, IT IS ORDERED, that Parts 2 and 97 of the Commission's rules ARE AMENDED as specified in Appendix A, effective 30 days after publication in the Federal Register. Furthermore, IT IS ORDERED, that the Petition for Reconsideration filed by Fred Daniel d/b/a Orion Telecom IS GRANTED, to the extent described above, and IS DENIED in all other respects. This action is taken pursuant to Sections 4(i), 7(a), 302, 303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 157(a), 302, 303(c), 303(f), 303(g), 303(r). FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary Appendix A: Final Rules Parts 2 and 97 of Title 47 of the Code of Federal Regulations are amended as follows: PART 2 -- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 1. The authority citation for Part 2 continues to read as follows: AUTHORITY: Sec. 4, 302, 303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154, 302, 303 and 307, unless otherwise noted. 2. Section 2.104(a) is revised to read as follows:  2.104 International Table of Frequency Allocations. (a) The International Table of Frequency Allocations (columns 1, 2 and 3 of  2.106) is included for informational purposes only. * * * * * 3. Section 2.106, the Table of Frequency Allocations, is amended as follows: a. The entries for 174-216 MHz, 174-223 MHz, 216-220 MHz, 220- 222 MHz, 222-225 MHz, 223-230 MHz, 225-235 MHz, 225-328.6 MHz, 230-235 MHz, 235-267 MHz, 267-272 MHz, 272-273 MHz, 273-322 MHz, and 322-328.6 MHz are removed and new entries for 174-216 MHz, 216-220 MHz, 220-222 MHz, 222-223 MHz, 223-225 MHz, 225-230 MHz, 230-235 MHz, 235-267 MHz, 267-272 MHz, 272-273 MHz, 273-312 MHz, 312-315 MHz, 315-322 MHz, and 322-328.6 MHz are added in numerical order. b. International Footnote Nos. 633 and 634 are removed. c. International Footnote Nos. 621, 622, 627, and 635 are revised. d. International Footnote No. 641A is added. The additions and revisions read as follows:  2.106 Table of Frequency Allocations. * * * * * International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) * * * * * * * 174 - 216 BROADCASTING 621 623 628 629 174 - 216 BROADCASTING Fixed Mobile 620 174 - 216 FIXED MOBILE BROADCASTING 619 624 625 626 630 174 - 216 174 - 216 BROADCASTING NG115 NG128 NG149 RADIO BROADCAST (TV) (73) Auxiliary Broadcasting (74) 216 - 220 BROADCASTING 621 623 628 629 216 - 220 FIXED MARITIME MOBILE Radiolocation 627 627A 216 - 220 FIXED MOBILE BROADCASTING 619 624 625 626 630 216 - 220 MARITIME MOBILE Aeronautical Mobile Fixed Land Mobile Radiolocation 627 US210 US229 US274 US317 G2 216 - 220 MARITIME MOBILE Aeronautical Mobile Fixed Land Mobile 627 US210 US229 US274 US317 NG152 MARITIME (80) Private Land Mobile (90) Personal Radio Service (95) Amateur (97) 220 - 222 BROADCASTING 621 623 628 629 220 - 222 AMATEUR FIXED MOBILE Radiolocation 627 220 - 222 FIXED MOBILE BROADCASTING 619 624 625 626 630 220 - 222 LAND MOBILE Radiolocation 627 G2 220 - 222 LAND MOBILE 627 PRIVATE LAND MOBILE (90) 222 - 223 BROADCASTING 621 623 628 629 222 - 223 AMATEUR FIXED MOBILE Radiolocation 627 222 - 223 FIXED MOBILE BROADCASTING 619 624 625 626 630 222 - 223 Radiolocation 627 G2 222 - 223 AMATEUR 627 AMATEUR (97) International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 223 - 225 BROADCASTING Fixed Mobile 622 628 629 631 632 635 223 - 225 AMATEUR FIXED MOBILE Radiolocation 627 223 - 225 FIXED MOBILE BROADCASTING AERONAUTICAL RADIONAVIGATION Radiolocation 636 637 223 - 225 Radiolocation 627 G2 223 - 225 AMATEUR 627 AMATEUR (97) 225 - 230 BROADCASTING Fixed Mobile 622 628 629 631 632 635 225 - 230 FIXED MOBILE 225 - 230 FIXED MOBILE BROADCASTING AERONAUTICAL RADIONAVIGATION Radiolocation 636 637 225 - 230 FIXED MOBILE G27 225 - 230 230 - 235 FIXED MOBILE 629 632 635 638 639 230 - 235 FIXED MOBILE 230 - 235 FIXED MOBILE AERONAUTICAL RADIONAVIGATION 637 230 - 235 FIXED MOBILE G27 230 - 235 International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 235 - 267 FIXED MOBILE 501 592 635 640 641 642 235 - 267 FIXED MOBILE 501 592 635 640 641 642 235 - 267 FIXED MOBILE 501 592 635 640 641 642 235 - 267 FIXED MOBILE 501 592 642 G27 G100 235 - 267 501 592 642 267 - 272 FIXED MOBILE Space Operation (space-to-Earth) 641 643 267 - 272 FIXED MOBILE Space Operation (space-to-Earth) 641 643 267 - 272 FIXED MOBILE Space Operation (space-to-Earth) 641 643 267 - 272 FIXED MOBILE G27 G100 267 - 272 272 - 273 SPACE OPERATION (space-to-Earth) FIXED MOBILE 641 272 - 273 SPACE OPERATION (space-to-Earth) FIXED MOBILE 641 272 - 273 SPACE OPERATION (space-to-Earth) FIXED MOBILE 641 272 - 273 FIXED MOBILE G27 G100 272 - 273 273 - 312 FIXED MOBILE 641 273 - 312 FIXED MOBILE 641 273 - 312 FIXED MOBILE 641 273 - 312 FIXED MOBILE G27 G100 273 - 312 International table United States table FCC use designators Region 1 -- allocation MHz Region 2 -- allocation MHz Region 3 -- allocation MHz Government Non-Government Rule part(s) Special-use frequencies (1) (2) (3) Allocation MHz (4) Allocation MHz (5) (6) (7) 312 - 315 FIXED MOBILE Mobile-Satellite (Earth-to-space) 641 641A 312 - 315 FIXED MOBILE Mobile-Satellite (Earth-to-space) 641 641A 312 - 315 FIXED MOBILE Mobile-Satellite (Earth-to-space) 641 641A 312 - 315 FIXED MOBILE G27 G1 312 - 315 315 - 322 FIXED MOBILE 641 315 - 322 FIXED MOBILE 641 315 - 322 FIXED MOBILE 641 315 - 322 FIXED MOBILE G27 G100 315 - 322 322 - 328.6 FIXED MOBILE RADIO ASTRONOMY 644 322 - 328.6 FIXED MOBILE RADIO ASTRONOMY 644 322 - 328.6 FIXED MOBILE RADIO ASTRONOMY 644 322 - 328.6 FIXED MOBILE 644 G27 322 - 328.6 644 * * * * * * * INTERNATIONAL FOOTNOTES * * * * * 621 Additional allocation: in the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Israel, Italy, Liechtenstein, Malta, Monaco, Norway, the Netherlands, the United Kingdom, Sweden, and Switzerland, the band 174 - 223 MHz is also allocated to the land mobile service on a permitted basis. However, the stations of the land mobile service shall not cause harmful interference to, or claim protection from, broadcasting stations, existing or planned, in countries other than those listed in this footnote. 622 Different category of service: in the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Israel, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Norway, the Netherlands, Portugal, the United Kingdom, Sweden and Switzerland, the band 223 - 230 MHz is allocated to the land mobile service on a permitted basis (see No. 425). However, the stations of the land mobile service shall not cause harmful interference to, or claim protection from, broadcasting stations, existing or planned, in countries other than those listed in this footnote. * * * * * 627 In Region 2, no new stations in the radiolocation service may be authorized in the band 216 - 225 MHz. Stations authorized prior to 1 January 1990 may continue to operate on a secondary basis. * * * * * 635 Alternative allocation: in Botswana, Lesotho, Malawi, Mozambique, Namibia, South Africa, Swaziland, Zambia and Zimbabwe, the bands 223 - 238 MHz and 246 - 254 MHz are allocated to the broadcasting service on a primary basis, subject to agreement obtained under the provisions set forth in Article 14. * * * * * 641A The bands 312 - 315 MHz (Earth-to-space) and 387 - 390 MHz (space-to-Earth) in the mobile-satellite service may also be used by non-geostationary-satellite systems. Such use is subject to the application of the coordination and notification procedures set forth in Resolution 46 (WARC-92). * * * * * PART 97 -- AMATEUR RADIO SERVICE 1. The authority citation for Part 97 continues to read as follows: Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 151-155, 301-609, unless otherwise noted. 2. Section 97.303 is amended by revising paragraphs (e)(4) and (e)(5) to read as follows:  97.303 Frequency sharing requirements. * * * * * (e) * * * (4) No amateur station may transmit in the 219-220 MHz segment from a location that is within 640 km of an AMTS Coast Station that uses frequencies in the 217-218/219-220 MHz AMTS bands unless the amateur station licensee has given written notification of the station's specific geographic location for such transmissions to the AMTS licensee. The notification must be given at least 30 days prior to making such transmissions. The location of AMTS Coast Stations using the 217-218/219-220 MHz channels may be obtained from either: The American Radio Relay League, Inc. 225 Main Street Newington, CT 06111-1494 or Interactive Systems, Inc. Suite 1103 1601 North Kent Street Arlington, VA 22209 Fax: (703) 812-8275 Phone: (703) 812-8270 (5) No amateur station may transmit in the 219-220 MHz segment from a location that is within 80 km of an AMTS Coast Station that uses frequencies in the 217-218/219-220 MHz AMTS bands unless that amateur station licensee holds written approval from that AMTS licensee. The location of AMTS Coast Stations using the 217-218/219-220 MHz channels may be obtained as noted in paragraph (e)(4) of this section. * * * * * Appendix B: Final Regulatory Flexibility Analysis Pursuant to 5 U.S.C. Section 603, a Regulatory Flexibility Analysis was incorporated in the Notice of Proposed Rulemaking and Report and Order in ET Docket 93-40. Written comments on the proposals in the Notice, including the Regulatory Flexibility Analysis, were requested and an final analysis was provided in the Report and Order. A. Need for and Objective of Rules: Our objective is to provide a secondary allocation for the amateur radio service which will permit amateur operators to establish point-to-point fixed digital message forwarding systems without interfering with primary services. We believe that the rules are sufficient to permit amateurs to share the spectrum, while the flexibility of the rules will in large part provide amateurs with the operational freedom to which they are accustomed. B. Issues Raised by the Public in Response to the Final Analysis: No party suggested modifications specifically to the regulatory flexibility analysis. C. Any Significant Alternative Minimizing Impact on Small Entities and Consistent with Stated Objectives: This action may provide new marketing opportunities for amateur radio equipment manufacturers, some of which may be small businesses.