Federal Communications Commission DA 14-1347
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Petition for proposed changes in 47 CFR Part 97 
Section 97.301(a) and Section 97.305(c) to add the 
4-meter band
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ORDER
Adopted:  September 17, 2014            Released:  September 17, 2014
By the Chief, Office of Engineering and Technology:
1. In May 2014, Glen E. Zook (Zook) filed a petition for rulemaking that proposes changes to 
the Commission’s Amateur Radio Service rules (Part 97).
1
  Specifically, Zook proposes that the
Commission add a “4-meter” radio band (70.0-70.5 MHz) to the list of bands currently available to 
amateur radio operators in the United States and other areas in which the Commission has jurisdiction. 
For the reasons discussed below, we determine that the petition plainly does not warrant consideration 
and deny it pursuant to Section 1.401(e) of our rules.
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2. The 70.0-70.5 MHz band is not currently allocated for Amateur Radio use and is instead 
exclusively allocated for broadcasting within the United States.  Specifically, VHF TV Channel 4 
operates in the 66-72 MHz frequency band – which completely encompasses the 70.0-70.5 MHz band at 
issue here.  The Zook Petition contends that “the recent migration of broadcast television stations to 
primarily UHF frequencies basically eliminates any probable interference to television channels 4 or 5 
which otherwise might have occurred.”
3
  Because the Zook Petition is based on a faulty premise – that 
broadcasting use within the 70.0-70.5 MHz band will diminish or cease – its argument that amateur band
users could operate without causing harmful interference to any existing service lacks sufficient support 
to warrant our further consideration.
3. Based on data compiled by the Commission’s Media Bureau, Channel 4 is currently 
populated by three full power TV stations, 110 low power television (LPTV) and TV translator stations,
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1
Glen E. Zook Petition, filed May 12, 2014 (Zook Petition).  The Zook Petition is dated January 27, 2010, but was 
recorded as received by the Commission on May 12, 2014.  
2
47 C.F.R. §1.401(e).
3
Zook Petition at 1.
4
LPTV and TV translator stations operate on a secondary basis to full power TV stations and to any other primary 
spectrum users, such as low power Class A stations. This means that LPTV and TV translator stations must not 
cause interference to the reception of existing or future full power TV stations or to other primary users, and must 
accept interference from full power TV stations and other primary users.  See 47 C.F.R. § 74.703.
Federal Communications Commission DA 14-1347
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and six Class A TV stations.
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  The Commission also has an ongoing incentive auction proceeding that, 
among other things, will repurpose a portion of the TV band for broadband operations and repack the 
remaining TV stations into a smaller frequency range.
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4. The incentive auction proceeding does not eliminate the use of TV Channel 4, and envisions 
a number of voluntary options for full power and Class A TV stations – including relocation from a UHF 
channel to a VHF channel and relocation from a high VHF channel (Channels 7-13) to a low VHF 
channel (Channels 2-6).
7
  Under such circumstances, Channel 4 could become even more robustly used 
for broadcast purposes than it is now.  Even if such an outcome is not realized, there is no reason to 
expect that full power, Class A, and LPTV stations will not continue to make use of an available 
television channel.  The Zook Petition, in dismissing such continued broadcast use of TV Channel 4, fails 
to show how harmful interference to broadcast operations by new amateur users would be avoided.  
5. Given the complexity of the incentive auction proceeding, we also conclude that it would 
not serve the public interest to further complicate that unique undertaking by proposing to introduce a 
new service into the broadcasting frequencies at this time.
8
  We note, in particular, that the Zook Petition 
does not address whether amateur use of the 70.0-70.5 MHz band would preclude the ability of LPTV and 
TV translator stations to operate on (or migrate to) TV Channel 4.  There is no reason why we would 
want to introduce such uncertainty into the band.
6. The Zook Petition further claims that the anticipated amateur use would not cause harmful 
interference to adjacent channel operations – specifically, to fixed and mobile services that operate at 72-
76 MHz and TV Channel 5 (76-82 MHz) – but offers no supporting analysis.  As with Channel 4, TV 
Channel 5 will continue to be used for broadcast purposes.  Fixed and mobile services will likewise 
continue to operate in the frequencies between the two television channels.  
7. Because we are not proposing to add an amateur allocation, we will not evaluate Zook’s
claims regarding the benefits that amateurs would derive from use of the band,
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nor address his proposals 
regarding the adoption of service rules to govern use of the band (e.g. the appropriate amateur operator 
operating privileges, authorized output power and other technical rules, etc.).
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8. For all of the reasons discussed above, we deny the Zook Petition.
9. Accordingly, IT IS ORDERED that pursuant to the authority contained in Sections 4(i), 5(c), 
303(c), and 303(f), of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 155(c), 303(c), 
                                                          
5
Class A TV stations are low power TV stations that operate on a primary basis because they have met certain 
requirements, such as broadcasting a minimum of 18 hours per day and broadcasting an average of at least three
hours per week of locally produced programming each calendar quarter.  See 47 C.F.R. § 73.6001.
6
See Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket 
No. 12-268, Notice of Proposed Rulemaking (Incentive Auction NPRM), 27 FCC Rcd 12357 (2012); Report and 
Order, 29 FCC Rcd 6567 (2014); Erratum, released June 26, 2014.
7
See Broadcasting Incentive Auction 101 webinar, June 25, 26, & 27, 2014, at 6.  This webinar is available at 
http://wireless.fcc.gov/incentiveauctions/learn-program/Broadcast_Incentive_Auction_101_slides.pdf.
8
See Incentive Auction NPRM at 12359, paras. 3-5.  See also Middle Class Tax Relief and Job Creation Act of 
2012, Pub. L. No. 112-96, § 6403 (2012).
9
For example, Zook observes that this band has been authorized for amateur radio use in a number of European and 
African nations, and argues that making it available domestically would be of great benefit to amateurs.  Zook 
Petition at 1.
10
Zook Petition, at 1-2.  
Federal Communications Commission DA 14-1347
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and 303(f), and Sections 0.241(e) and 1.401(e) of the Commission’s Rules, 47 C.F.R. §§ 0.241(e) and 
1.401(e), that the petition for rulemaking filed by Glen E. Zook on May 12, 2014 IS DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Julius Knapp, Chief
Office of Engineering and Technology