F.C.C. 70-887 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In Re Cease and Desist Order To Be HAMPTON ROADS CABLEVISION Co., NEWPORT Docket No. 18841 File Nos. SR-10682, MEMORANDUM OPINION AND ORDER (Adopted August 26, 1970; Released August 31, 1970) BY THE COMMISSION: COMMISSIONERS BARTLEY AND JOHNSON CONCURRING IN THE RESULT. 1. Before us are: (a) a petition for reconsideration filed June 1, 1970 by Hampton Roads Cablevision Co. (Hampton Roads); (b) an opposition filed June 16, 1970 by the Chief, Broadcast Bureau; and (c) a reply filed June 26, 1970, by Hampton Roads. 2. This proceeding was instituted by an Order to Show Cause, 22 FCC 2d 817, FCČ 70–443, released April 30, 1970, which directed Hampton Roads, operator of a CATV system in Newport News, Virginia to show cause why it should not be ordered to cease and desist from violation of Section 74.1105 (c) of the Rules. In its petition for reconsideration, Hampton Roads requests that this proceeding be terminated or that it be deferred pending judicial resolution of a complaint filed by Hampton Roads against the Commission in United. States District Court for the Eastern District of Virginia (Civil Action No. 57-70-NN).1 In the complaint, Hampton Roads asserts that the mandatory stay provision of Section 74.1105 (c) as applied to Hampton Roads is unlawful. 3. The petition must be denied. The pendency of the judicial proceeding in the United States District Court was noted in the show cause order instituting this proceeding. It was further noted in the order that Hampton Roads' apparent decision to commence certain service in violation of Section 74.1105 (c) is a most serious matter; and that action of such a nature, if allowed to persist, might place much of the Commission's CATV regulatory scheme in jeopardy. We therefore concluded that the public interest required the institution of a show cause proceeding and Hampton Roads has offered no adequate basis for postponement or dismissal of this proceeding. Moreover, the decision of the District Court in Bucks County Cable TV, Inc. v. United States and Federal Communications Commission (299 F. Supp. 1325), upon which Hampton Roads relied was reversed by the United States Court of Appeals for the Third Circuit (F. 2d, 19 RR 2d 2013, decided June 4, 1970). Therein the court recognized that 1 In addition to the petition, Hampton Roads filed a motion for stay of the proceeding. The motion has been denied by our Order, FCC 70-582, released June 8, 1970. Section 74.1105 (c) is "an integral part of the FCC's regulatory scheme designed to provide for prior agency consideration of important problems posed by CATV service." 4. Accordingly, IT IS ORDERED that the petition for reconsideration filed June 1, 1970 by Hampton Roads Cablevision Co. IS DENIED. FEDERAL COMMUNICATIONS COMMISSION, 25 F.C.C. 2d F.C.C. 70-893 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 In the Matter of AMENDMENT OF SECTIONS 2.106, 97.61 AND AP- ORDER (Adopted August 26, 1970; Released August 28, 1970) BY THE COMMISSION: 1. Among the International Radio Regulations adopted as a result of the Ordinary Administrative Radio Conference, Geneva, 1959, are Numbers 117 and 156. In No. 156, which incorporates the Table of Frequency Allocations-10 kHz to 40 GHz, the band 7000-7100 kHz is allocated on a world-wide basis exclusively to the Amateur Service and the band 7100-7300 kHz is allocated in Regions 1 and 3 to the Broadcasting Service and in Region 2 (Western Hemisphere) to the Amateur Service. No. 117 specifies that where, in adjacent Regions or sub-Regions, a band of frequencies is allocated to different services having equal priority, the basic principle is the equality of right to operate. Therefore, stations of one service in one Region must operate so as not to cause harmful interference to stations of another service in the other Region or Regions. 2. Resolution No. 10 gives additional force and effect to Numbers 117 and 156, as they apply to the Amateur and Broadcasting Services. It resolves that inter-Regional amateur contacts should be only in the band 7000-7100 kHz and that administrations should make every effort to ensure that the Broadcasting Service in the band 7100–7300 kHz, in Regions 1 and 3, does not cause interference to the Amateur Service in Region 2. 3. To reflect these provisions in the Commission's Rules and Regulations, Part 2, Section 2.106, the Table of Frequency Allocations, is amended, and a new NG62 footnote is added following the Table. 4. Likewise, Section 97.61 is amended to delete the current "limitation (3)" as it now reads and to modify "limitation (4)". The new "limitation (3)" and "limitation (4)" incorporate the provisions of Numbers 117, 156 and the new footnote NG62 after the listing of the 3800-4000 kHz frequency band and after all of the listings of the 7000-7300 kHz band in the chart. Appendix 2 to Part 97 is also amended to include the text of Resolution No. 10. 5. In these circumstances, notice and public procedure pursuant to 5 USC 553(b) would serve no useful purpose, would merely delay amendment of the Rules, and are, therefore, contrary to the public interest. 6. Accordingly, IT IS ORDERED, That §§ 2.106 and 97.61 of the Commission's Rules and Regulations ARE AMENDED as contained in the Appendix effective October 9, 1970. 7. Authority for this action is contained in Sections 2(a) and 4(i) 303 of the Communications Act of 1934, as amended. FEDERAL COMMUNICATIONS COMMISSION, APPENDIX I. Part 2 of the Commission's Rules is amended as follows: §2.106 [Amended] 1. Section 2.106, the Table of Frequency Allocations, is amended by inserting a new footnote indicator (NG62) in column 11 for the frequency band 7000-7300 kHz and by adding new footnote (NG62) in numerical order to the list of footnotes to read as follows: * NG62 Consistent with Resolution 10, Radio Regulations, Geneva, 1959, interRegional amateur contacts in this band should be limited to that portion between 7000 and 7100 kHz. In the band 7100 to 7300 kHz, the provisions of No. 117 of the Radio Regulations, Geneva, 1959, are applicable. In addition, 7100 to 7300 kHz is not available in the following United States possessions: Baker, Canton, Enderbury, Guam, Howland, Jarvis, Palmyra, American Samoa and Wake Islands. II. Part 97 of the Commission's Rules is amended as follows: 1. In the table in § 97.61 (a), limitation "3" is deleted from all frequency bands listed and with limitation "4" is re-assigned to the frequencies in the 7000 to 7300 kHz band; and in paragraph (b), limitations "3" and "4" are amended. The amended text reads as follows: § 97.61 Authorized frequencies and emissions. (3) Where, in adjacent Regions or sub-Regions, a band of frequencies is allocated to different services of the same category, the basic principle is the equality of right to operate. Accordingly, the stations of each service in one Region or sub-Region must operate so as not to cause harmful interference to services in the other Regions or sub-Regions (No. 117, the Radio Regulations, Geneva, 1959). (4) 3900-4000 kc/s and 7100-7300 kc/s are not available in the following U.S. possessions: Baker, Canton, Enderbury, Guam, Howland, Jarvis, Palmyra, American Samoa, and Wake Islands. III. Appendix 2 to Part 97 of the Commission's Rules is amended to include Resolution No. 10 as follows: APPENDIX 2 Extracts From Radio Regulations Annexed to the International RESOLUTION NO. 10 Relating to the Use of the Bands 7000 to 7100 kc/s and 7100 to 7300 kc/s by the Amateur Service and the Broadcasting Service. The Administrative Radio Conference, Geneva, 1959, considering (a) that the sharing of frequency bands by amateur, fixed and broadcasting services is undesirable and should be avoided; (b) that it is desirable to have world-wide exclusive allocations for these services in Band 7; (c) that the band 7000 to 7100 kc/s is allocated on a world-wide basis exclusively to the amateur service; (d) that the band 7100 to 7300 kc/s is allocated in Regions 1 and 3 to the broadcasting service and in Region 2 to the amateur service; resolves that the broadcasting service should be prohibited from the band 7000 to 7100 kc/s and that broadcasting stations operating on frequencies in this band should cease such operation; and noting the provisions of No. 117 of the Radio Regulations; further resolves that inter-Regional amateur contacts should be only in the band 7000 to 7100 ke/s and that the administrations should make every effort to ensure that the broadcasting service in the band 7100 to 7300 kc/s, in Regions 1 and 3, does not cause interference to the amateur service in Region 2; such being consistent with the provisions of No. 117 of the Radio Regulations. 25 F.C.C. 2d |