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giving these services access to additional radio spectrum. Under this plan, which could produce far-reaching results, the land mobile services would use the television channels in areas where they are not as signed for broadcasting.

In a combined notice of inquiry and notice of proposed rulemaking issued at the same time as the above notice of proposed rulemaking, the Commission also inquired into a plan of shared use which would make available a total of 115 MHz of addition spectrum space for land mobile use in the upper UHF frequency band-75 MHz for a high-capacity common carrier land mobile system and 40 MHz for private land mobile systems in the most populated urban areas. At present there are approximately 42 MHz of space allocated to all land mobile services. The changes envision a shared use of UHF television channels by land mobile and television translator stations. This second notice and inquiry is primarily concerned with future needs, since by 1980 there is a likelihood that approximately 7.3 million land mobile transmitters a threefold increase-will be under license by the Commission and is one of a series of far-ranging preparatory actions under consideration by the Commission to insure the availability and accessibility of spectrum space to the land mobile industry. This 115 MHz spectrum space would be made up of 84 MHz represented by UHF-TV channels 70-83, 5 MHz of spectrum space now allocated to broadcast auxiliary services and 26 MHz recently reacquired from the military services through the cooperation of the director of telecommunications management.

In our effort to maximize the efficient use of scarce spectrum space allocated to the land mobile services, the Commission awarded a 1-year contract to Stanford Research Institute, after public solicitation in July 1968, for a research study in this field. The purpose of the study is to explore methods to expand interservice spectrum sharing and to devise new methods of frequency allocation techniques. We are expecting to receive SRI's interim report shortly, which we hope will afford us with new approaches and techniques to assist us in the resolution of these critical problems. In addition, we are planning to make this interim report available to interested parties so that they may have the benefit of it in filing their comments in our pending proceedings.

My next subject

Mr. MACDONALD. Before you get to that, I would like to ask one question.

This has been a problem that has been before the committee a long time, but when do you think that we will all face up to the fact of really reallocating the entire spectrum?

Mr. HYDE. I doubt if we will ever have an overall proceeding in which we will undertake to reallocate the whole spectrum.

At the same time, let me say that we will be allocating continuously, as we have been, and I expect that there will be far greater use of spectrum sharing between services than we have had up to now.

You know, when you talk about what you are going to do in the future, you are on most dangerous grounds. It is just possible, but many engineers are talking this way, that the development of new channels by cable technology will take some of the demands off the conventional spectrum, and that this will lead to that this will make more space available for mobile purposes.

I should like to tell you this, that we don't have a crisis here that requires serious dislocations of regular services. There is need for more spectrum space for mobile services, but it appears from information we have already received from our research project that in many cities where congestion has been talked of as a general situation demanding revolutionary help, there are actually frequencies having very minor use, and it appears that a good deal of improvement can be made by improved management of allocations we already have.

Mr. MACDONALD. That might be so, and maybe there is no crisis as far as what you have said, but the average person whose business revolves around the use of a very small part of the spectrum, they think they have a crisis, and whether they exaggerate when they get hold of a Congressman or not, I don't know, but I can tell you that I have heard-I don't know how large a minority they are but they are certainly a vocal one, I will tell you that.

I would just like to assure them that I heard right directly from the head of the agency that controls their business future that there is no crisis, and everything is fine, and we have new technology that is going to take care of all their problems. And then I will send their replies down to you. [Laughter.]

Mr. HYDE. I can tell you that so far as the agency is concerned, we are proceeding as if there was a very serious crisis. I think that the new channels made available last year take care of our present needs, but we have to plan well ahead.

I have been talking here about 1980, and we are going to have to make more provision for a growing industry, even though it might have different views about the extent of the shortage right at the present time.

I can tell you that monitoring of the use of frequencies in even such areas as Detroit and Los Angeles reveal many frequencies very lightly

used.

Mr. MACDONALD. Mr. Van Deerlin?

Mr. VAN DEERLIN. Is it possible that the antiballistic missile system, if it were to be implemented, would claim VHF channels for use by the Defense Department?

Mr. HYDE. I have not heard of such a demand. No, I have not. But I must say that I am not aware of any developments of that kind.

I was just consulting our deputy chief engineer. No, I do not know of any such likelihood.

Mr. VAN DEERLIN. The fact of the forward scattering characteristies, which winds up my technological terminology-this means that the bending around the curvature of the earth, which VHF signals: are able to do and UHF are not, might require the use of VHF channels to implement that system?

Mr. HYDE. I must confess that I have not heard of that possibility. Mr. VAN DEERLIN. I guess if you and that array of talent behind you haven't heard of it, I don't have to worry about it.

Mr. HYDE. Mr. Chairman, that really completes the part that I think you would be interested in having me read. I have a further discussion of our organization, which I will submit for the record.

Mr. MACDONALD. I think if you could supply it for the record, we are sufficiently aware of it.

(The organizational materials referred to follows:)

BASIC COMMISSION FUNCTIONS AND ORGANIZATION

The Commission is a bipartisan agency composed of seven members, appointed by the President with the advice and consent of the Senate for a seven-year term. The Chairman is designated by the President. The Federal Communications Commission regulates all non-government radio operations, and interstate and overseas communication common carrier services. In 1962 Congress gave the Commission additional responsibility in the common carrier field with respect to satellite communications.

In general, the Commission assigns frequencies for the different radio services, licenses radio stations and the operators of their transmitters, regulates the charges and services of overseas and long-distance telephone and telegraph services, promotes new and effective use of radio with emphasis on its utilization to protect life and property and harness radio and wire facilities to the national defense program. The Commission derives its main authority from the Communications Act of 1934, as amended, augmented by the Communications Satellite Act of 1962 with respect to satellite communications. Its practices conform to the Administrative Procedure Act and other applicable laws. The commissioners function as a unit, supervising all activities, with delegations of responsiIbilities to boards and committees of commissioners, individual commissioners, and staff units. All policy determinations are made by the Commission as a whole. Review functions in cases of adjudication (as defined in the Administrative Procedure Act) have, for the most part, been delegated to a five-member Review Board.

The Commission staff is organized on a functional basis. There are four operating bureaus-Safety and Special Radio Services, Common Carrier, Broadcast, and Field Engineering-and nine offices-Executive Director, Secretary, Chief Engineer, General Counsel, Review Board, Hearing Examiners, Opinions and Review, Information, and the CATV Task Force. The organization of the Commission, showing these units and the administrative divisions which perform the necessary housekeeping functions, is reflected in the chart furnished to the Committee.

Brief mention should also be made of certain other important tasks we perform. In conformity with our statutory obligation to encourage the larger and more effective use of radio in the public interest, the Commission devotes considerable effort to keeping informed of the developments in the complex and ever expanding radio field. Moreover, since radio waves do not stop at State or national boundaries, and since there are many governmental uses of radio of both a military and civilian nature, which under the statutory scheme are the direct responsibility of the President rather than the Commission, cooperation, time, and effort are required in working out mutually agreeable allocation arrangements both between the governmental and non-governmental users of radio here in the United States, and between the United States and foreign countries. The Commission also coordinates with the Director of Telecommunications Management, the National Aeronautics and Space Administration, and the Department of State, formulation of United States Government policy relating to the Communications Satellite Corporation's participation in the international telecommunications satellite consortium. And, of course, because communications are essential to the national defense, we have functions in this area such as the former CONELRAD system, now superseded by the Emergency Broadcast System.

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Mr. HYDE. I have a policy officer who could discuss that portion of the Commission with you.

Mr. HARVEY. I want to thank the Chairman for appearing here. He is always well prepared and forthright. We appreciate your testimony and appreciate the fact that you have stayed this long.

Mr. MACDONALD. I would like to say on behalf of the majority and the minority that we appreciate the time and the trouble that you have gone to to appear before us, and you have been very helpful. We have not gotten down to a lot of nitty-gritty that we will have to get to in the future, but it is a start.

I personally want to congratulate you on your stamina. You have had a busy week of it, especially busy.

I know the practice, or in what happened before the Senate committee, that the other Commissioners put into the record by way of testimony some of their views. We have recourse to that record, and unless there is some real wish on the part of any of the other Commissioners to testify, we will certainly welcome any remarks. And the record will of necessity be open for a few days. If you would like to put them in the record, any of the Commissioners, either by way of addition or perhaps contradiction, or whatever form your contribution might take, we would be very happy to have them.

With that, I thank you all again.

The hearing is adjourned.

(The following letter and attachments were received for the record:)

Hon. HARLEY O. STAGGERS,

FEDERAL COMMUNICATIONS COMMISSION,
Washington, D.C., May 7, 1969.

Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: The following information is submitted to supplement the record of the Hearings held before the Subcommittee on Communications and Power of the Committee on Interstate and Foreign Commerce on Major Problems of the Federal Communications Commission and the Communications Industry on March 6, 1969:

1. Tr. 8 The date of the letter of transmittal of the President's Task Force Report on Telecommunications was December 7, 1968. (See p. 4.) 2. Tr. 58 A public letter to Columbia Broadcasting System dated July 31, 1967, concerning artificial interruption of sports programs in order to accommodate commercials. (See p. 25.)

3. Tr. 61 A memorandum on a proposed limitation on the amount of time an affiliate can commit to a network. (See p. 27.)

4. Tr. 62 A memorandum on the subject of Commission encouragement of a fourth network. (See p. 28.)

Bills concerning network regulation, referred to at pages 59 and 63 of the transcript, are under study and will be submitted to the Subcommittee when completed. A further breakdown of distribution of political time among candidates requested on page 75 of the transcript will not be available before June. I have enclosed the shorter analysis now available.

We have already submitted a memorandum concerning an approach to revision of section 315 of the Communications Act referred to at page 71 of the transcript. Also enclosed for the Subcommittee's information are the Commission's Notice of Proposed Rule Making and Order for Oral Argument and to Invite Further Comment referred to in the memoranda that are the subjects of numbered paragraphs 2 and 3 above.

Sincerely yours,

Enclosures:

ROSEL H. HYDE, Chairman.

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