[Federal Register: November 22, 2004 (Volume 69, Number 224)]
[Rules and Regulations]
[Page 67823-67853]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no04-9]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 22, 24, 74, 78 and 90
[WT Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18, RM-
9498; RM-10024; FCC 04-168]
Private Land Mobile Services; 800 MHz Public Safety Interference
Proceeding
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document the Commission amends its rules to adopt
objective technical standards defining ``unacceptable interference'' to
non-cellular licensees operating in the 800 MHz band and procedures
detailing 800 MHz licensees' responsibilities and expectations
regarding abatement of such interference. The Commission also adopts
rules reconfiguring the 800 MHz band and designating ten megahertz of
spectrum in the 1.9 GHz band available for the provision of commercial
mobile radio services (CMRS). The Commission took these steps to solve
the problem of increasing interference to public safety communications
in the 800 MHz band. These rules are intended to abate this
interference as well as making additional spectrum available for the
provision of new services.
DATES: Effective January 21, 2005, except for Sec. Sec. 22.972,
22.973, 90.674, 90.675, 90.676 and 90.677 which contain information
collection requirements that have not been approved by the Office of
Management and Budget. The Commission will publish a document in the
Federal Register announcing the effective date for these sections.
FOR FURTHER INFORMATION CONTACT: Technical information: Brian Marenco,
Brian.Marenco@FCC.gov, Public Safety and Critical Infrastructure
Division, Wireless Telecommunications Bureau, (202) 418-0680, or TTY
(202) 418-7233. Legal information: Roberto Mussenden, Esq.
Roberto.Mussenden@FCC.gov, Public Safety and Critical Infrastructure
Division, Wireless Telecommunications Bureau (202) 418-0680, or TTY
(202) 418-7233. For additional information concerning the Paperwork
Reduction Act information collection requirements contained in this
document, contact Judith B. Herman at (202) 418-0214, or via the
Internet at Judith-B.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION: This document summarizes the Federal
Communications Commission's Report and Order, Fifth R&O, Fourth MO&O,
and Order, FCC 04-168, adopted on July 8, 2004, and released on August
6, 2004. The full text of this document is available for inspection and
copying during normal business hours in the FCC Reference Center, 445
12th Street, SW., Washington, DC 20554. The complete text may be
purchased from the Commission's copy contractor, Best Copy and Printing
Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554. The
full text may also be downloaded at http://www.fcc.gov/wtb. Alternative
formats are available to persons with disabilities by contacting Brian
Millin at (202) 418-7426 or TTY (202) 418-7365 or at bmillin@fcc.gov.
Summary of Report and Order
1. In the Report and Order, the Commission adopts changes to parts
2, 22 and 90 of the Commission's rules that were either proposed in or
suggested in response to the Notice of Proposed Rule Making (NPRM) and
subsequent Public Notices in this proceeding. The NPRM, released on
March 15, 2002, 67 FR 16351-02 (April 5, 2002), sought to explore all
available options and alternatives for improving the spectrum
environment for public safety operations in the 800 MHz Band and to
ensure that public safety agencies have access to adequate spectrum
resources in the 800 MHz band to support their critical missions. On
[[Page 67824]]
September 6, 2002, the Wireless Telecommunications Bureau (Bureau)
released a public notice inviting comment on a ``Consensus Proposal''
band plan submitted by seventeen parties (Consensus Parties) in a reply
comment in the proceeding. On January 3, 2003, the Bureau sought
comment on the supplement, setting forth additional information about
the Consensus Proposal, as supplemented on December 24, 2002, by the
Consensus Parties, 68 FR 6687-01 (February 10, 2003).
2. The following is a summary of our major decisions. In the Report
and Order, we: (i) Define ``unacceptable interference'' in the 800 MHz
band as a function of the threshold received power levels of desired
signals. Specifically, ``unacceptable interference'' occurs when the
signals from a cellular architecture station or stations, cause the
carrier-to-noise plus interference ratio of a radio meeting TIA-
equivalent Class A standards to degrade below 20 dB in an area in which
the median measured received signal power of the desired signal is
equal to or greater than -104 dBm for mobile units or -101 dBm for
portable units. In the case of data radios, unacceptable interference
occurs when the received signal power criteria, above, are met and the
bit error rate of the radio exceeds the value specified by the radio's
manufacturer for reliable operations; (ii) require Enhanced Specialized
Mobile Radio (ESMR) and cellular telephone licensees, on request, to
notify public safety and CII licensees prior to activating new or
modified cells; (iii) define relative responsibilities of ESMR and
cellular telephone licensees for abatement of unacceptable interference
both pre- and post-band reconfiguration; (iv) reconfigure the 800 MHz
band by:
Moving the public safety NPSPAC channels from 821-824 MHz/
866-869 MHz to 806-809 MHz/851-854 MHz.
Relocate all systems now operating in the current General
Category band segment at 806-809.75 MHz/851-854.75 MHz elsewhere in the
band.
Certain existing non-cellular B/ILT systems and non-
cellular SMR systems will continue to operate on interleaved channels
between 809.75-816 MHz/854.75-861 MHz.
Public safety systems will continue to operate on
interleaved channels between 809-815 MHz/854-860 MHz. No public safety
licensee will be required to operate in the 815-816 MHz/860-861 MHz
segment that we have designated the ``Expansion Band'' or in the 816-
817 MHz/861-862 MHz segment that we have designated the ``Guard Band.''
Every public safety system will be relocated from the Expansion Band
unless a public safety licensee exercises its option to remain there.
Relocate Nextel and other ESMR licensees to the 817-824
MHz/862-869 MHz band. Nextel will vacate all channels it now uses in
the 806-817 MHz/851-862 MHz band segment.
Public safety and later, CII licensees will have exclusive
access to all channels in the 809-809.75 MHz/854-854.75 MHz band
segment as well as the channels vacated by Nextel in the interleaved
portion of the band below 815 MHz/860 MHz for a limited period of time.
Unless the subject of mutual agreement among affected,
parties, other CMRS ESMR Operations in the 800 MHz may stay where they
are, subject to a stringent non-interference obligation, but will have
the following relocation options: (1) relocate to non-cellular portion
of the 800 MHz band at Nextel's expense, as close to ESMR band as
possible in 814 MHz-816 MHz Expansion band; or (2) relocate at Nextel's
expense in ESMR spectrum which they would share with Nextel on a pro-
rata basis.
In some markets where both Southern LINC and Nextel offer
ESMR service insufficient spectrum exists in the 816-824 MHz/861-869
band segment to accommodate both the incumbent ESMR licensees already
operating there and new ESMR entrants migrating from the lower
channels. In order not to unduly restrict the operations of incumbent
ESMR licensees we define the ESMR band in those markets as the band
segment 813.5-824 MHz/858.5-869 MHz. The Expansion Band in this area
shall extend from 812.5-813.5 MHz/857.5-858.5 MHz. All licensees
operating in the band segment 806-813.5 MHz/851-858.5 MHz shall be
afforded the same protection against unacceptable interference as
specified in the Report and Order;
(v) Adopt financial and licensing safeguards directed to ensure
completion of band reconfiguration regardless of Nextel's financial
condition and that Nextel does not reap a financial windfall from our
actions; (vi) accept Nextel's relinquishment of its current spectrum
rights in the 700 MHz Guard Band in forty markets and contemplate a
Further Notice of Proposed Rulemaking to determine future use of this
spectrum; (vii) in exchange for the spectrum Nextel is surrendering
coupled with the uncertain costs it must incur to accomplish 800 MHz
band reconfiguration, clear the 1.9 GHz band of Broadcast Auxiliary
Service (BAS) incumbents and reimburse UTAM Inc., (UTAM) for a portion
of the costs it has incurred in clearing the 1910-1920 MHz and the
1920-1930 MHz band segments, the Commission will modify certain Nextel
licenses to provide Nextel with a nationwide authority to operate in
ten megahertz of spectrum in the 1.9 GHz band; (viii) establish a
mechanism by which an independent Transition Administrator oversees the
completion of band reconfiguration and records certain costs incurred
by Nextel in connection therewith; (ix) consolidate the B/ILT Pools in
the 800 MHz and 900 MHz bands; (x) allow 900 MHz Private Land Mobile
Radio (PLMR) licensees to initiate CMRS operations on their currently
authorized spectrum or to assign their authorizations to others for
CMRS use.
3. In the Fifth Report and Order (Fifth R&O), Fourth Memorandum
Opinion and Order (Fourth MO&O), and Order the Commission adopts
changes to parts 15, 24, 74 and 78 of the Commission's rules that were
either proposed in or suggested in response to the NPRM in WT Docket
02-55 or proposed in or suggested in the Third Notice of Proposed Rule
Making (Third NPRM) in ET Docket No. 00-258. The Third NPRM, released
on February 10, 2003, 68 FR 12015-03 (March 13, 2003), sought comments
on the reallocation of spectrum in the 1910-1920 MHz band that can be
paired with spectrum in the 1990-2000 MHz band to support fixed and
mobile services, including Advanced Wireless Services. In the Fifth
R&O, the Fourth MO&O, and Order we: (i) Designate two paired five
megahertz blocks in the 1910-1915 MHz and 1990-1995 MHz bands for
licensed Fixed and Mobile services; (ii) make the five megahertz block
at 1910-1915 MHz available by re-designating the band from Unlicensed
Personal Communications Services (UPCS) use to licensed Fixed and
Mobile services; adopting a reimbursement plan to compensate UTAM,
Inc., for relocation expenses it has incurred in relocating incumbents
from the band; and addressing several pending petitions for rulemakings
and petitions for waivers relating to new use of the 1910-1915 MHz
band; (iii) address how Nextel will participate in the existing
relocation and reimbursement plan for incumbent BAS licensees in the
1990-2025 MHz band--which has already been reallocated for Fixed and
Mobile services--given our decision to provide Nextel access to the
1990-1995 MHz band; (iv) address Nextel's obligations to relocate
incumbent BAS licensees in the 1990-
[[Page 67825]]
2025 MHz band, as well as address several petitions for reconsideration
and clarification regarding the existing BAS relocation plan, given our
decision to provide Nextel access to the 1990-1995 MHz band (which has
already been reallocated for Fixed and Mobile Services).
I. Procedural Matters
A. Paperwork Reduction Act
4. This Report and Order contains new information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public to comment on the
information collection requirements contained in this R&O as required
by the Paperwork Reduction Act of 1995, Public Law 104-13. Public and
agency comments are due January 21, 2005. In addition, the Commission
notes that pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought
specific comment on how the Commission might ``further reduce the
information collection burden for small business concerns with fewer
than 25 employees.''
B. Final Regulatory Flexibility Certification
5. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA),\1\ an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the NPRM.\2\ The Commission sought written public
comment on the proposals in the NPRM, including comment on the IRFA.\3\
Three commenting parties specifically addressed the IRFA.\4\ We discuss
those comments below. This present Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.\5\
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
\2\ See Improving Public Safety Commission in the 800 MHz Band;
Consolidating the 900 MHz Industrial/Land Transportation and
Business Pool Channels, WT Docket No. 02-55, Notice of Proposed
Rulemaking, 17 FCC Rcd 4873, 4927 (2002) (NPRM).
\3\ See id. at 4920 ]93.
\4\ Business Autophones, Inc., Comments on IRFA (May 6, 2002)
Skitronics, LLC, Comments on IRFA (May 6, 2002); Small Business in
Telecommunications, Comments on IRFA (May 6, 2002).
\5\ See 5 U.S.C. 04.
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Need for, and Objectives of the Order
6. In the Report and Order, we have concluded that reconfiguration
of the 800 MHz band is essential, over the long term, to assure that
critical public safety communications may be accommodated without
unacceptable interference, as that term is defined in the Report and
Order. Because increasing instances of interference to 800 MHz public
safety communications systems made it imperative that we act to stem
such interference without delay, we adopted rules that hold the
involved ESMR and cellular telephone licensees strictly responsible for
abating interference by application of a variety of technical remedies
which have been subsumed in this proceeding under the rubric of
Enhanced Best Practices. Specifically, the Commission took the
following actions: (i) Adopted a new 800 MHz band plan that, after a
transition period, will separate high-density ESMR systems in the band,
principally those operated by Nextel, from public safety and other non-
cellular 800 MHz operations; (ii) require Nextel to relinquish all of
its 800 MHz spectrum holdings below 817 MHz/862 MHz resulting in an
additional average of 4.5 megahertz of 800 MHz band spectrum becoming
available to the public safety and critical infrastructure community;
(iii) established a transition mechanism for band reconfiguration with
minimal disruption to the operations of all affected 800 MHz incumbents
during the transition period; (iv) required Nextel to pay all band
reconfiguration costs of public safety and other 800 MHz incumbents
that result from transition to the new band plan; (v) defined
unacceptable interference as a function of threshold received power
levels of desired signals; (vi) placed strict responsibility for
abatement of unacceptable interference on the licensees whose systems
are the source of such interference; (vii) required prior notification,
upon request, of the activation or modification of ESMR and cellular
telephone cells; (viii) established firm rules--including response
times of twenty-four hours and abatement initiation time of forty-
eight--for procedures to be used to identify, report and remedy
instances of unacceptable interference; (ix) modified certain Nextel
licenses to accommodate a nationwide allocation in the 1910-1915 MHz/
1990-1995 MHz paired spectrum block, in exchange for Nextel's
surrendering spectrum, and bearing the financial burden and risk of
reconfiguring the 800 MHz band; (x) consolidated the Business and
Industrial/Land Transportation Pools in the 800 MHz and 900 MHz bands,
and; (xi) allowed 900 MHz Private Land Mobile Radio (PLMR) licensees to
initiate CMRS operations on their currently authorized spectrum or to
assign their authorizations to others for CMRS use.
7. The Commission has taken these actions to immediately stem
increasing instances of interference to 800 MHz public safety
communications systems. The Commission has long recognized that the
nation's public safety community requires effective radio
communications systems free of unacceptable interference if public
safety agencies are to adequately protect the safety of lives and
property. The actions taken by the Commission in the Report and Order
create a suitable spectrum environment for public safety and Critical
Infrastructure Industries communications systems operating in the 800
MHz band.
8. In the Fourth Memorandum Opinion and Order, we both grant and
deny petitions for reconsideration and clarification of the Third
Report and Order and Third Memorandum Opinion and Order. We grant
petitions to the extent described herein and clarify several points
relating to BAS operations by licensees operating on different channel
plans during the transition to the new BAS channel plan at 2025-2110
MHz. We otherwise deny the petitions relating to BAS relocation issues
in the 1990-2025 MHz band. We also no longer require BAS licensees in
TV markets 31-210 to cease operation on channels 1 and 2 (1990-2008 MHz
and 2008-2025 MHz, respectively) until they have been relocated to
their final channel plan in the 2025-2110 MHz band, but otherwise
retain our previously adopted relocation rules for MSS licensees. The
changes we adopt are necessary to allow Nextel, as a new entrant in the
1990-2025 MHz band, to participate in the relocation process we had
previously established for BAS incumbents.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
9. Three parties submitted comments specifically in response to the
IRFA: Business Autophones, Inc. (Business Autophones), Small Business
in Telecommunications (SBT), and Skitronics, LLC (Skitronics).\6\
Business Autophones opines that the Nextel Plan, which contemplated
relocating B/ILT licensees from the 800 MHz band to the 700 MHz and 900
MHz at their own expense, would be financially devastating to small
business B/ILT licensees and urges the Commission to
[[Page 67826]]
either abate interference on a case-by-case basis or adopt the plan
proposed by NAM/MRFAC which reconfigured the band but did not relocate
B/ILT licensees.\7\ For the reasons described infra we have adopted a
band plan that does not relocate B/ILT licensees to the 700 MHz and 900
MHz band and requires Nextel to finance any necessary relocation of B/
ILT licensees.
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\6\ Business Autophones, Inc., Comments on IRFA (May 6, 2002)
Skitronics, LLC, Comments on IRFA (May 6, 2002); Small Business in
Telecommunications, Comments on IRFA (May 6, 2002).
\7\ See Business Autophones Comments on IRFA at 2-3.
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10. Skitronics posits on the impact of four separate alternatives
set forth in the NPRM on small businesses: (i) Skitronics echoes
Business Autophones concerns about the effect of the proposal to
relocate B/ILT licensees from the 800 MHz band to the 700 MHz and 900
MHz at their own expense.\8\ As we discuss at ] 30 infra, we did not
choose this alternative. (ii) Skitronics argues that Nextel's
alternative proposal, one that would allow incumbent 800 MHz operators
to remain in the band on a secondary status, would deleteriously affect
small business SMR operators by impacting these business' growth
prospects as well as their ability to guarantee continuous service to
their customers.\9\ We note that although Nextel offered this
alternative in its original White Paper proposal, Nextel removed it as
part of the plan it submitted as a member of the Consensus Parties.
Therefore, we ceased to consider this alternative at that time and we
have not chosen to enact that alternative as a rule. (iii) Skitronics
argues that the Commission's consideration of moving 800 MHz incumbents
to the 2.1 GHz imposes significant costs on small business SMR
licensees since the propagation qualities of the 2.1 GHz spectrum make
it unsuitable for SMR use and there is a lack of available equipment
suitable for SMR operations in this band.\10\ As in the case of the
alternative of allowing SMR licensees to remain in the 800 MHz band on
a secondary basis, this alternative was superseded by the alternative
set forth by the Consensus Parties in the Consensus Plan and we have
not chosen to move 800 MHz incumbents to the 2.1 GHz band. (iv)
Skitronics contends that the alternative mentioned in the NPRM that has
the least impact on small business is enforcement of existing rules
against those licensees responsible for causing interference to public
safety on a case-by-case basis.\11\ For the reasons discussed at ] 32
infra, we declined to adopt this alternative.
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\8\ Skitronics Comments on IRFA at 6-10.
\9\ Id. at 10-11.
\10\ Id. at 11-13.
\11\ Id. at 4, 16.
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11. Unlike the two other comments received in response to the IRFA,
SBT focuses its comments on the adequacy of the IRFA in terms of its
compliance with the RFA. Specifically, SBT makes the following
arguments: (i) The IRFA does not describe the significant or potential
economic impact of the NPRM on small entities as required by the RFA;
\12\ (ii) the IRFA omits any description of the problem to be rectified
by the regulation to be promulgated or an objective for any proposed
rule as required by the RFA; \13\ (iii) the Commission either relied on
outdated statistical sources in calculating the number of affected
small licensees or failed to cite to the source(s) entirely; \14\ (iv)
SBT agrees with the IRFA's conclusion that the NPRM does not propose a
rule that will entail additional reporting, record-keeping, and other
compliance requirements because the NPRM does not, in fact, propose any
rules.\15\ However, in Section D infra we add new reporting and other
requirements; (v) SBT urges the Commission to amend the NPRM's IRFA in
any subsequent IRFA or FRFA if a substantive rule emerges from this
proceeding; \16\ (vi) SBT contends that the Commission should convert
the NPRM to a Notice of Inquiry (NOI) and issue a second NPRM to
propose specific rules; \17\ (vii) with regard to SBT's comments, as an
initial matter we believe that we do not need to issue a NOI in this
proceeding because the IRFA's description of the problem of
interference to public safety systems in the 800 MHz band is a
sufficient description of the problem to be rectified in this
proceeding.\18\ Moreover, we believe our description of the two plans
under consideration in the NPRM adequately described the rules under
consideration.\19\ We also note that the Consensus Parties filed a plan
superseding one of the plans discussed in the NPRM on September 23,
2002 and the major revision of that new plan on December 24, 2002. Both
of these plans, as well as the comments received in response to these
plans, proposed substantive rules. Moreover, in the interest of
ensuring a complete record, the Commission opened two additional notice
and comment rounds to obtain public comment on these two plans. Our
position, therefore, is that the Commission clearly stated its
proposals either in the NPRM and IRFA or fully clarified them in the
two subsequent notice and comment rounds that permitted full comment on
subsequently proposed plans. Indeed, the Commission received the bulk
of all comments in this proceeding subsequent to the comment period
initiated in the NPRM. Finally, we note that in Section C, infra, we
are using updated statistical sources to assess the impact of the rules
we adopt today on small businesses.
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\12\ SBT Comments at 3-4 (citing 5 U.S.C. 603(a)).
\13\ Id. at 4. According to SBT, the Commission's tentative
conclusion that spectrum reallocation serves the public interest
because it would resolve harmful interference to 800 MHz public
safety licensees ``falls far short'' of satisfying the requirements
of 5 U.S.C. 603(b)(1). See id.
\14\ Id. at 5-10.
\15\ Id. at 10-11. For the same reason, SBT concurs with the
IRFA's conclusion that the NPRM does not propose any rule that
duplicates, overlaps, or conflicts with other federal rules. See id.
at 12.
\16\ Id. at 11, 12. In addition, SBT recommends that the
Commission amend the IRFA to comply with 5 U.S.C. 603(c)(3) by
discussing alternatives to rules proposed by the Commission. See id.
at 11. Once again, SBT reiterates that the Commission has not
proposed any rules and therefore could not have discussed
alternatives to such rules. Id. To the extent that the IRFA
discusses alternative proposals for rule changes that were submitted
to the Commission, SBT contends that such ``alternatives'' do not
qualify as alternatives proposed by the Commission Id.
\17\ Id. at 12-13. SBT believes that the Commission should use a
NOI ``whenever it lacks information about the industry to be
regulated or the exact nature of the problem to be addressed.'' Id.
at 13.
\18\ See NPRM at 4927.
\19\ Id.
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Description and Estimate of the Number of Small Entities to Which the
Rules Will Apply
12. The RFA directs agencies to provide a description of, and,
where feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one that is: (i) Is independently
owned and operated; (ii) is not dominant in its field of operation; and
(iii) satisfies any additional criteria established by the Small
Business Administration (SBA). Below, we further describe and estimate
the number of small entity licensees and regulatees that may be
affected by the rule changes adopted herein.
13. A ``small organization'' is generally any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.\20\ Nationwide, there are approximately 1.6
million small
[[Page 67827]]
organizations.\21\ We note that, according to SBA data, there are
approximately 22.4 million small businesses nationwide.\22\ We describe
and estimate, below, the number of small entities'applicants,
licensees, and radio equipment manufacturers'that may be affected by
this Report and Order.
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\20\ 5 U.S.C. 601(4).
\21\ Independent Sector, The New Nonprofit Almanac & Desk
Reference (2002).
\22\ See SBA, Programs and Services, SBA Pamphlet No. CO-0028,
at page 40 (July 2002).
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14. Governmental Entities. The term ``small governmental
jurisdiction'' is defined as ``governments of cities, towns, townships,
villages, school districts, or special districts, with a population of
less than fifty thousand.'' \23\ As of 1997, there were approximately
87,453 governmental jurisdictions in the United States.\24\ This number
includes 39,044 county governments, municipalities, and townships, of
which 37,546 (approximately 96.2%) have populations of fewer than
50,000, and of which 1,498 have populations of 50,000 or more. Thus, we
estimate the number of small governmental jurisdictions overall to be
84,098 or fewer.
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\23\ 5 U.S.C. 601(5).
\24\ U.S. Census Bureau, Statistical Abstract of the United
States: 2000, Section 9, pages 299-300, Tables 490 and 492.
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15. Wireless Telecommunications. The SBA has developed a small
business size standard for wireless firms within the broad economic
census category ``Cellular and Other Wireless Telecommunications.''
\25\ Under this SBA category, a wireless business is small if it has
1,500 or fewer employees. For the census category Cellular and Other
Wireless Telecommunications firms, Census Bureau data for 1997 show
that there were 977 firms in this category, total, that operated for
the entire year.\26\ Of this total, 965 firms had employment of 999 or
fewer employees, and an additional 12 firms had employment of 1,000
employees or more.\27\ Thus, under this category and size standard, the
majority of firms can be considered small.
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\25\ 13 CFR 121.201, NAICS code 513322 (changed to 517212 in
October 2002).
\26\ U.S. Census Bureau, 1997 Economic Census, Subject Series:
``Information,'' Table 5, Employment Size of Firms Subject to
Federal Income Tax: 1997, NAICS code 513322 (issued October 2000).
\27\ U.S. Census Bureau, 1997 Economic Census, Subject Series:
``Information,'' Table 5, Employment Size of Firms Subject to
Federal Income Tax: 1997, NAICS code 513322 (issued October 2000).
The census data do not provide a more precise estimate of the number
of firms that have employment of 1,500 or fewer employees; the
largest category provided is ``Firms with 1000 employees or more.''
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16. Public Safety Radio Licensees. As a general matter, Public
Safety Radio Pool licensees include police, fire, local government,
forestry conservation, highway maintenance, and emergency medical
services.\28\ The SBA rules contain a definition for cellular and other
wireless telecommunications companies which encompasses business
entities engaged in radiotelephone communications employing no more
that 1,500 persons.\29\ There are a total of approximately 127,540
licensees within these services.\30\ With respect to local governments,
in particular, since many governmental entities as well as private
businesses comprise the licensees for these services, we include under
public safety services the number of government entities affected.
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\28\ See subparts A and B of part 90 of the Commission's Rules,
47 CFR 90.1-90.22. Police licensees include 26,608 licensees that
serve state, county, and municipal enforcement through telephony
(voice), telegraphy (code), and teletype and facsimile (printed
material). Fire licensees include 22,677 licensees comprised of
private volunteer or professional fire companies, as well as units
under governmental control. Public Safety Radio Pool licensees also
include 40,512 licensees that are state, county, or municipal
entities that use radio for official purposes. There are also 7,325
forestry service licensees comprised of licensees from state
departments of conservation and private forest organizations that
set up communications networks among fire lookout towers and ground
crews. The 9,480 state and local governments are highway maintenance
licensees that provide emergency and routine communications to aid
other public safety services to keep main roads safe for vehicular
traffic. Emergency medical licensees (1,460) use these channels for
emergency medical service communications related to the delivery of
emergency medical treatment. Another 19,478 licensees include
medical services, rescue organizations, veterinarians, persons with
disabilities, disaster relief organizations, school buses, beach
patrols, establishments in isolated areas, communications standby
facilities, and emergency repair of public communications
facilities.
\29\ See 13 CFR 121.201 (NAICS Code 517212).
\30\ There is no information currently available about the
number within the 127,540 that have less than 1500 employees.
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17. Business, Industrial and Land Transportation Licensees. At
present, there are 3239 Business and Industrial/Land Transportation (I/
LT) licensees that may be affected by this Report and Order.\31\ The
Commission does not require B/ILT licensees to disclose information
about number of employees, so the Commission does not have information
that could be used to determine how many B/ILT licensees constitute
small entities under this definition. Moreover, we note that B/ILT
licensees generally are not in the business of providing cellular or
other wireless telecommunications services but instead use the licensed
facilities in support of other business activities.
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\31\ This number is based on the Commission's licensing
database.
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18. Specialized Mobile Radio Licenses. The Commission awards
``small entity'' and ``very small entity'' bidding credits in auctions
for Specialized Mobile Radio (SMR) geographic area licenses in the 800
MHz and 900 MHz bands to firms that had revenues of no more than $15
million in each of the three previous calendar years, or that had
revenues of no more than $3 million in each of the previous calendar
years, respectively.\32\ In the context of both the 800 MHz and 900 MHz
service, the SBA has approved the definitions of ``small entity'' and
``very small entity.'' \33\ These bidding credits apply to SMR
providers in the 800 MHz and 900 MHz bands that either hold geographic
area licenses or have obtained extended implementation authorizations.
The Commission does not know how many firms provide 800 MHz or 900 MHz
geographic area SMR service pursuant to extended implementation
authorizations, nor how many of these providers have annual revenues of
no more than $15 million. One firm has over $15 million in revenues.
The Commission assumes, for purposes here, that all of the remaining
existing extended implementation authorizations are held by small
entities, as that term is defined by the SBA. The Commission has held
auctions for geographic area licenses in the 800 MHz SMR band. In the
800 MHz auction, 38 of the 524 licenses won were won by small and very
small entities.
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\32\ 47 CFR 90.814(b)(1).
\33\ See Letter, dated Aug. 10, 1999, from A. Alvarez,
Administrator, Small Business Administration to Tom Sugrue, Chief,
Wireless Telecommunications Bureau, Federal Communications
Commission.
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19. Wireless Communications Equipment Manufacturers. The SBA has
established a small business size standard for radio and television
broadcasting and wireless communications equipment manufacturing. Under
the standard, firms are considered small if they have 1000 or fewer
employees.\34\ Census Bureau data for 1997 indicates that, for that
year, there were a total of 1,215 establishments \35\ in this
category.\36\ Of
[[Page 67828]]
those, there were 1,150 that had employment under 500, and an
additional 37 that had employment of 500 to 999. The Commission
estimates that the majority of wireless communications equipment
manufacturers are small businesses.\37\
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\34\ 13 CFR 121.201, NAICS code 334220.
\35\ The number of ``establishments'' is a less helpful
indicator of small business prevalence in this context than would be
the number of ``firms'' or ``companies,'' because the latter take
into account the concept of common ownership or control. Any single
physical location for an entity is an establishment, even though
that location may be owned by a different establishment. Thus, the
number given may reflect inflated numbers of businesses in this
category, including the numbers of small businesses. In this
category, the Census break-out data for firms or companies only
gives the total number of such entities for 1997, which was 1,089.
\36\ U.S. Census Bureau, 1997 Economic Census, Industry Series:
Manufacturing, ``Industry Statistics by Employment Size,'' Table 4,
(issued August 1999) NAICS code 334220. We note, however that the
predominant manufacturers of 800 MHz equipment, Motorola and M/A COM
Private Radio Systems, Inc. are not considered small businesses.
\37\ We note, however that the predominant manufacturers of 800
MHz equipment, Motorola and M/A COM Private Radio Systems, Inc. are
not considered small businesses.
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20. Broadcast Auxiliary Service (BAS). BAS involves a variety of
transmitters, generally used to relay broadcast programming to the
public (through translator and booster stations) or within the program
distribution chain (from a remote news gathering unit back to the
stations). The Commission has not developed a definition of small
entities specific to broadcast auxiliary licensees. The U.S. Small
Business Administration (SBA) has developed small business size
standards, as follows: (1) For TV BAS, we will use the size standard
for Television Broadcasting, which consists of all such companies
having annual receipts of no more than $12.0 million; \38\ (2) for
Aural BAS, we will use the size standard for Radio Stations, which
consists of all such companies having annual receipts of no more than
$6 million; \39\ (3) for Remote Pickup BAS we will use the small
business size standard for Television Broadcasting when used by a TV
station and that for Radio Stations when used by such a station.
---------------------------------------------------------------------------
\38\ 13 CFR 121.201, NAICS code 515120.
\39\ Id. NAICS code 515112.
---------------------------------------------------------------------------
21. According to Commission staff review of BIA Publications, Inc.
Master Access Television Analyzer Database as of May 16, 2003, about
814 of the 1,220 commercial television stations in the United States
had revenues of $12 million or less. We note, however, that, in
assessing whether a business concern qualifies as small under the above
definition, business (control) affiliations \40\ must be included.\41\
Our estimate, therefore, likely overstates the number of small entities
that might be affected by our action, because the revenue figure on
which it is based does not include or aggregate revenues from
affiliated companies. There are also 2,127 low power television
stations (LPTV).\42\ Given the nature of this service, we will presume
that all LPTV licensees qualify as small entities under the SBA size
standard. According to Commission staff review of BIA Publications,
Inc., Master Access Radio Analyzer Database, as of May 16, 2003, about
10,427 of the 10,945 commercial radio stations in the United States had
revenue of $6 million or less. We note, however, that many radio
stations are affiliated with much larger corporations with much higher
revenue, and, that in assessing whether a business concern qualifies as
small under the above definition, such business (control) affiliations
\43\ are included.\44\ Our estimate, therefore, likely overstates the
number of small businesses that might be affected by our action.
---------------------------------------------------------------------------
\40\ ``Concerns are affiliates of each other when one concern
controls or has the power to control the other or a third party or
parties controls or has to power to control both.'' 13 CFR
121.103(a)(1).
\41\ ``SBA counts the receipts or employees of the concern whose
size is at issue and those of all its domestic concern's size.'' 13
CFR 121.103(a)(4).
\42\ FCC News Release, ``Broadcast Station Totals as of
September 30, 2002'' (Nov. 6, 2002).
\43\ ``Concerns are affiliates of each other when one concern
controls or has the power to control the other, or a third party or
parties controls or has the power to control both.'' 13 CFR
121.103(a)(1).
\44\ ``SBA counts the receipts or employees of the concern whose
size is at issue and those of all its domestic and foreign
affiliates, regardless of whether the affiliates are organized for
profit, in determining the concern's size.'' 13 CFR 121.103(a)(4).
---------------------------------------------------------------------------
22. Cable Antenna Relay Service (CARS). CARS includes transmitters
generally used to relay cable programming within cable television
system distribution systems. The SBA has developed a small business
size standard for Cable and other Program Distribution, which consists
of all such companies having annual receipts of no more than $12.5
million. According to Census Bureau data for 1997, there were 1,311
firms within the industry category Cable and Other Program
Distribution, total, that operated for the entire year.\45\ Of this
total, 1,180 firms had annual receipts of under $10 million, and an
additional 52 firms had receipts of $10 million to $24,999,999.00.\46\
Thus, under this standard, the majority of firms can be considered
small.
---------------------------------------------------------------------------
\45\ 13 CFR 121.201, NAICS code 517510 (changed from 513220 in
October 2002).
\46\ Id.
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23. Geostationary, Non-Geostationary Orbit, Fixed Satellite, or
Mobile Satellite Service Operators (including 2 GHz MSS systems). The
Commission has not developed a definition of small entities applicable
to geostationary or non-geostationary orbit, fixed-satellite or mobile-
satellite service operators. The SBA has developed a small business
size standard for Satellite Telecommunications Carriers, which consists
of all such companies having $12.5 million or less in annual
receipts.\47\ According to Census Bureau data for 1997, there were 324
firms that operated for the entire year.\48\ Of this total, 273 firms
had annual receipts under $10 million, and an additional twenty-four
firms had annual receipts of $10 million to $24,999,990.\49\ Thus,
under this size standard, the majority of firms can be considered
small.
---------------------------------------------------------------------------
\47\ 13 CFR 121.201, NAICS code 517410 (changed from 513340 in
October 2002).
\48\ U.S. Census Bureau, 1997 Economic Census, Subject Series:
Information, ``Receipt Size of Firms Subject to Federal Income Tax:
1997,'' Table 4, NAICS code 513340 (issued October 2000).
\49\ Id.
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24. Fixed Microwave Services. Microwave services include common
carrier,\50\ private-operational fixed,\51\ and broadcast auxiliary
radio services.\52\ At present, there are approximately 36,708 common
carrier fixed licensees and 59,291 private operational-fixed licensees
and broadcast auxiliary radio licensees in the microwave services. The
Commission has not yet defined a small business with respect to
microwave services. For purposes of the FRFA, we will use the SBA's
definition applicable to wireless and other telecommunications
companies--i.e., an entity with no more than 1,500 persons.\53\
According to Census Bureau data for 1997, there were 977 firms in this
category, total, that operated for the entire year.\54\ Of this total,
965 firms had employment of 999 or fewer employees, and an additional
12 firms had employment of 1,000 employees or more.\55\ Thus, under
this size standard, majority of firms can be considered small.
---------------------------------------------------------------------------
\50\ 47 CFR part 101 et seq. (formerly, part 21 of the
Commission's Rules).
\51\ Persons eligible under parts 80 and 90 of the Commission's
rules can use Private-Operational Fixed Microwave services. See 47
CFR parts 80 and 90. Stations in this service are called
operational-fixed to distinguish them from common carrier and public
fixed stations. Only the licensee may use the operational-fixed
station, and only for communications related to the licensee's
commercial, industrial, or safety operations.
\52\ Auxiliary Microwave Service is governed by part 74 of Title
47 of the Commission's Rules. See 47 CFR part 74 et seq. Available
to licensees of broadcast stations and to broadcast and cable
network entities, broadcast auxiliary microwave stations are used
for relaying broadcast television signals from the studio to the
transmitter, or between two points such as a main studio and an
auxiliary studio. The service also includes mobile TV pickups, which
relay signals from a remote location back to the studio.
\53\ 13 CFR 121.201, NAICS code 517212 (formerly 213322).
\54\ U.S. Census Bureau, 1997 Economic Census, Subject Series:
Information, ``Employment Size of Firms Subject to Federal Income
Tax: 1997,'' Table 5, NAICS code 217212 (issues Oct. 2000).
\55\ Id. The census data do not provide a more precise estimate
of the number of firms that have employment of 1,500 or fewer
employees; the largest category provided is ``Firms with 1,000
employees or more.''
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25. We note that the number of firms does not necessarily track the
number of
[[Page 67829]]
licensees. We estimate that all of the Fixed Microwave licensees
(excluding broadcast auxiliary licensees) would qualify as small
entities under the SBA definition. Of these licenses, approximately 14
are issued for frequencies in the Emerging Technology bands affected by
this proceeding. This, assuming that these entities also qualify as
small businesses, as many as 14 small business licensees could be
affected by the rules we adopt. We note that these entities have been
subject to relocation by UTAM under rules originally adopted in the
Commission's Emerging Technologies proceeding. UTAM is the Commission's
frequency coordinator for UPCS devices in the 1910-1930 MHz band. The
Fifth Report and Order anticipates that these general relocation rules
will continue to apply to FS microwave licensees and does not propose
to modify the class of licensees that are subject to these relocation
provisions.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
26. We expect that, at most, the rules adopted herein will result
in nominal new reporting, recordkeeping, or other compliance
requirements imposed on entities affected in this proceeding. The rules
we adopt herein require that any Cellular Radiotelephone and/or ESMR
licensee that receives an interference complaint from a public safety/
CII licensee shall promptly respond to such complaint. Cellular
Radiotelephone licensees, in conjunction ESMR licensees, shall
establish an electronic means of receiving the initial complaint and
shall respond on an ``as soon as possible'' basis and no later than 24
hours after receipt of initial notification. The purpose of this
notification rule is to provide public safety/CII licensees a means to
communicate to Cellular Radio Telephone and/or ESMR licensees instances
of interference and for Cellular Radiotelephone and/or ESMR licensees
to immediately initiate corrective action.
27. Additionally, the rules we adopt today provide that, upon
request by a public safety/CII licensee, Cellular Radiotelephone and/or
ESMR licensees must provide to the public safety/CII licensee the
following information before any new cell sites are constructed or any
existing cells are modified: (i) Location; (ii) effective radiated
power; (iii) antenna height; and (iv) channels in use. The purpose of
this rule is for informational purposes only and does not entitle the
public safety/CII licensee to approve or disapprove the activation of a
proposed cell site or to demand changes to the proposed technical
parameters. The principal purpose of this rule is to facilitate a
dialogue between Cellular Radiotelephone licensees and public safety/
CII licensees regarding potential interference, identification of
interference, and voluntary corrective measures.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
28. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (i)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (ii) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(iii) the use of performance, rather than design standards; and (iv) an
exemption from coverage of the rule, or any part thereof, for small
entities.\56\
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\56\ See 5 U.S.C. 603(c)(1) through (c)(4).
---------------------------------------------------------------------------
29. Our decision to reconfigure the 800 MHz band is generally size-
neutral, but some aspects are beneficial to small entities for the
following reasons: (i) Although there are significant short-term costs
associated with band reconfiguration, it is the solution most likely to
yield maximum interference protection benefits for the least cost over
the long run. This cost savings are significant for small entities with
limited resources; (ii) once implemented, a reconfigured band will
reduce both the upfront amount of coordinated engineering work
necessary to prevent interference and the burden of troubleshooting
interference incidents on a case-by-case basis. This will allow small
entities to utilize their scarce engineering resources more
effectively.
30. We also considered proposals to reallocate (1) Nextel's 700 MHz
Guard Band Block B spectrum, and the Upper 700 MHz band to public
safety use; and (2) provide private radio licensees 2:1 access to 900
MHz spectrum. Our decision to decline to adopt these proposals was
generally size-neutral but has the following impact on small entities:
(i) Since the Upper 700 MHz band is designated for auction, our
decision not to utilize this band will allow small entities to bid on
it in the future. (ii) Because we contemplate a future rulemaking
proceeding to determine the ultimate disposition of Nextel's 700 MHz
Guard Band spectrum, we afford small businesses an opportunity to
comment on the future use of this spectrum.
31. We have considered the costs of realignment and the limited
resources of small entities, including public safety, in effectuating
band realignment. We believe that our decision will not have a
significant economic impact on small entities in this regard because
the cost of 800 MHz realignment will be borne by Nextel (i.e., Nextel
will pay relocation costs). We reject the alternative of deferring
final action on band reconfiguration, because deferral would increase
the potential for increased interference to public safety systems
because ESMR and Cellular telephone licensees would remain in close
proximity to such systems while expanding their operations.
32. Although we have not codified the Best Practices Guide, we
endorse the interference abatement strategies therein. However, when we
considered the sole use of Enhanced Best Practices as an alternative to
reconfiguring the 800 MHz band in its entirety, we found this
alternative less effective and more costly over the long term than band
reconfiguration, and therefore more likely to be harmful to smaller
entities. Our finding in that regard rests on the following facts: (i)
Addressing interference on a case-by-case basis is both labor-intensive
and expensive, which puts smaller entities at risk due to their more
limited resources; (ii) the transactional cost of applying Enhanced
Best Practices as an exclusive remedy would increase as new public
safety and other non-cellular systems came on line and ESMR and
cellular telephone licensees increased the capacity of their systems by
adding more cells; (iii) the increased cost and labor burden
disproportionately affects public safety agencies, many of which are
small entities operating with very limited human, technical and
financial resources.
33. We have determined not to require public safety licensees to
increase their signal strength. Such a requirement would impose a
substantial burden on public safety licensees, including small
entities, which would often continue to suffer from interference until
the causes could be identified and until appropriate channels and sites
for the construction of new base station facilities could be obtained.
34. Regarding our decision to permit negotiated agreements to swap
or exchange channels as a means to resolve interference to public
safety systems, we do not foresee any adverse impact on small entities.
The channel swapping proposals to date have specified that
[[Page 67830]]
Nextel will bear the costs thereof. To the extent that small entities
bear channel swap expenses not assumed by Nextel, we believe, for the
reasons discussed at ] 32 supra, the financial burden of these small-
scale band reconfigurations should be less than the cost of reliance on
Enhanced Best Practices for the long term abatement of unacceptable
interference.
35. Regarding our decision to hold Cellular Radio Telephone and
ESMR licensees strictly responsible for effectively abating actual or
potential unacceptable interference to 800 MHz public safety systems in
the shortest practicable time, we do not anticipate a significant
burden on small entities. We recognize that our rule does not exempt
small entities from its ambit. However, in eliminating the interference
we afford licensees the flexibility to determine which system--ESMR,
Cellular Telephone or CII/public safety--to modify and what particular
technical parameters to change on these systems; and impose on the
interfering licensee(s), the obligation to promptly implement such
changes. Moreover, we note that small entities were generally not among
the interfering parties in those instances of interference that were
brought to our attention by parties in this proceeding. We considered
the alternative of imposing system-wide, stringent technical
limitations on ESMR and Cellular Telephone licensees; however, we found
selection of that alternative unwarranted at this time. Such rules
would have imposed a burden on all licensees, including small entities,
which were not among those causing interference to 800 MHz public
safety systems. In particular, we have heeded the filings of rural
cellular telephone carriers who opposed imposition of out-of-band
emission standards that would require them to add expensive equipment
to their cell sites.
36. Regarding our adoption of rules establishing general standards
and procedures to govern the abatement of interference to public safety
systems, we recognize that they will apply equally to all licensees,
including small entities, which cause interference to 800 MHz public
safety systems. However, we do not anticipate any significant adverse
impact on small entities. We adopted rules that were intentionally
general in nature to confer considerable discretion on the parties
involved in abating instances of interference to public safety systems.
Moreover, as noted above, small entities were generally not among the
interfering parties in those instances of interference that were
brought to our attention by parties in this proceeding. To the extent
that they can demonstrate that they are not contributing to the
interference to the public safety systems, they will not be responsible
for abating the interference. Therefore, the burden should be minimal
for those small entities not contributing to the public safety
interference problem in the 800 MHz band. The minimal burden imposed by
these rules is necessary to ensure that critical public safety
communications may be accommodated without unacceptable interference.
37. In this respect, we are mindful that a number of the public
safety systems that are experiencing interference are small entities.
We believe that the rules will impose a minimal burden on small public
safety entities. First, because we will only require them to furnish
certain necessary information to all licensees that may be responsible
for causing the interference. Second, because this provision will
assure them of timely responses to and analyses of their interference
complaints. Ultimately, the burden of supplying this information will
be significantly less than that associated with identifying each source
of unacceptable interference and contacting such sources individually.
38. Regarding our decision to require notification of the
activation of new or modified ESMR or cellular radiotelephone cells, we
do not perceive any adverse impact on small entities. Indeed, the prior
notification requirement will enable small entities, such as public
safety/CII licensees, to take proactive, anticipatory steps to address
potential interference. Without this requirement, public safety/CII
licensees would first have to experience interference before taking
recourse. Similarly, the requirement that Cellular Radiotelephone and/
or ESMR licensees promptly initiate corrective actions after having
been notified of interference by public safety/CII licensees minimizes
the burden on small entities of having to endure prolonged periods of
interference. Moreover, as noted above, small entities were generally
not among the interfering parties in those instances of interference
that were brought to our attention by parties in this proceeding.
39. Regarding our decision to consolidate the 800 MHz and 900 MHz
Business and Industrial/Land Transportation Pools, we perceive no
adverse impact on small entities. This decision will allow any eligible
Business or Industrial/Land Transportation entity to be licensed on the
consolidated channels. This consolidation will improve spectrum
efficiency, promote the use of advanced technologies by affording
licensees more contiguous spectrum, and reduce regulatory burdens on
all licensees, including small entities. The alternative of retaining
separate pools for each service would subject licensees to the
unnecessary burden of seeking waivers to permit intercategory sharing,
which may have been comparatively more onerous for smaller entities to
prepare and file.
40. Regarding our decision to allow 900 MHz PLMR licensees to
initiate CMRS operations on their currently authorized spectrum or to
assign their authorizations to others for CMRS use, we perceive no
adverse impact on small entities. This decision will improve spectrum
efficiency, promote the use of advanced technologies by affording
licensees access to addition spectrum.
41. Regarding our decision to allocate the 1910-1915 MHz/1990-1995
MHz paired spectrum blocks to Nextel, we perceive no adverse impact on
small entities. Redesignating this spectrum for Nextel's use, for
example, will facilitate 800 MHz realignment, by, among other things,
introducing an additional entity that can participate in funding the
relocation costs of public safety, critical infrastructure, and private
wireless entities, including small entities. Alternatively, maintaining
this spectrum without applying our relocation principles will expose
such entities to continued interference without sufficient spectrum and
funding to achieve realignment. Further, we are satisfied that our
decision will not adversely impact BAS, UPCS, MSS, and microwave
interests on account of expenditures in this spectrum. As noted in the
Report and Order, Nextel has agreed to reimburse these interests or pay
the upfront costs to relocate incumbents in the manner provided by our
Rules, and we will hold Nextel to that agreement.
Report to Congress
42. The Commission will send a copy of this Report and Order, Fifth
R&O, Fourth MO&O, and Order in a report to be sent to Congress and the
General Accounting Office pursuant to the Congressional Review Act, see
5 U.S.C. 801(a)(1)(A). In addition, the Report and Order, Fifth R&O,
Fourth MO&O, and Order and this final certification will be sent to the
Chief Counsel for Advocacy of the Small Business Administration.
Report to Small Business Administration
43. The Commission's Consumer Information Bureau, Reference
Information Center, shall send a copy of this Report and Order, Fifth
R&O, Fourth MO&O, and Order including the
[[Page 67831]]
Regulatory Flexibility Certification and to the Chief Counsel for
Advocacy of the Small Business Administration.
44. Pursuant to the authority of Sections 1, 4(i), 303(f) and (r),
309, 316, and 332 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 154(i), 303(f) and (r), 309, 316, and 332, parts 2, 15, 22,
24, 74, 78, and 90 of the Commission's rules, 47 CFR parts 2, 22, 24,
74, 78, and 90, is amended as set forth in Rule Changes, January 21,
2005 except for Sec. Sec. 22.972, 22.973, 90.674, 90.675, 90.676, and
90.677 which contain information collection requirements that have not
been approved by the Office of Management and Budget. The Commission
will publish a document in the Federal Register announcing the
effective date for these sections.
List of Subjects
47 CFR Part 2
Frequency Allocations, General Rules and Regulations, Radio.
47 CFR Parts 22 and 90
Communications common carriers, Communications equipment, Reporting
and recordkeeping requirements.
47 CFR Part 24
Communications common carriers.
47 CFR Part 74
Radio.
47 CFR Part 78
Cable television, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble 47 CFR parts 2, 22, 24, 74,
78, and 90 are amended as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. Section 2.106, the Table of Frequency Allocations, is amended by
revising pages 38 and 39.
Sec. 2.106 Table of Frequency Allocations.
BILLING CODE 6712-01-P
[[Page 67832]]
[GRAPHIC] [TIFF OMITTED] TR22NO04.002
[[Page 67833]]
[GRAPHIC] [TIFF OMITTED] TR22NO04.003
BILLING CODE 6712-01-C
[[Page 67834]]
PART 22--PUBLIC MOBILE SERVICES
0
3. The authority citation for part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 222, 303, 309 and 332.
0
4. Add Sec. Sec. 22.970 through 22.973 to subpart H to read as
follows:
Sec. 22.970 Unacceptable interference to Part 90 non-cellular 800 MHz
licensees from cellular radiotelephone or Part 90 ESMR systems.
(a) Definition. Except as provided in 47 CFR 90.617(k),
unacceptable interference to non-cellular part 90 of this chapter
licensees in the 800 MHz band will be deemed to occur when the below
conditions are met:
(1) A transceiver at a site at which interference is encountered:
(i) Is in good repair and operating condition, and is receiving:
(A) A median desired signal of -104 dBm or higher, as measured at
the R.F. input of the receiver of a mobile unit; or
(B) A median desired signal of -101 dBm or higher, as measured at
the R.F. input of the receiver of a portable i.e. hand-held unit; and,
either
(ii) Is a voice transceiver:
(A) With manufacturer published performance specifications for the
receiver section of the transceiver equal to, or exceeding, the minimum
standards set out in paragraph (b) of this section, below; and;
(B) Receiving an undesired signal or signals which cause the
measured Carrier to Noise plus interference (C/(I+N)) ratio of the
receiver section of said transceiver to be less than 20 dB, or,
(iii) Is a non-voice transceiver receiving an undesired signal or
signals which cause the measured bit error rate (BER) (or some
comparable specification) of the receiver section of said transceiver
to be more than the value reasonably designated by the manufacturer.
(2) Provided, however, that if the receiver section of the mobile
or portable voice transceiver does not conform to the standards set out
in paragraph (b) of this section, then that transceiver shall be deemed
subject to unacceptable interference only at sites where the median
desired signal satisfies the applicable threshold measured signal power
in paragraph (a)(1)(i) of this section after an upward adjustment to
account for the difference in receiver section performance. The upward
adjustment shall be equal to the increase in the desired signal
required to restore the receiver section of the subject transceiver to
the 20 dB C/(I+N) ratio of paragraph (a)(1)(ii)(B) of this section. The
adjusted threshold levels shall then define the minimum measured signal
power(s) in lieu of paragraphs (a)(1)(i) of this section at which the
licensee using such non-compliant transceiver is entitled to
interference protection.
(b) Minimum receiver requirements. Voice transceivers capable of
operating in the 806-824 MHz portion of the 800 MHz band shall have the
following minimum performance specifications in order for the system in
which such transceivers are used to claim entitlement to full
protection against unacceptable interference (See paragraph (a) (2) of
this section).
(1) Voice units intended for mobile use: 75 dB intermodulation
rejection ratio; 75 dB adjacent channel rejection ratio; -116 dBm
reference sensitivity.
(2) Voice units intended for portable use: 70 dB intermodulation
rejection ratio; 70 dB adjacent channel rejection ratio; -116 dBm
reference sensitivity.
Sec. 22.971 Obligation to abate unacceptable interference.
(a) Strict responsibility. Any licensee who, knowingly or
unknowingly, directly or indirectly, causes or contributes to causing
unacceptable interference to a non-cellular Part 90 licensee in the 800
MHz band, as defined in Sec. 22.970 shall be strictly accountable to
abate the interference, with full cooperation and utmost diligence, in
the shortest time practicable. Interfering licensees shall consider all
feasible interference abatement measures, including, but not limited
to, the remedies specified in the interference resolution procedures
set forth in Sec. 22.972. This strict responsibility obligation
applies to all forms of interference, including out-of-band emissions
and intermodulation.
(b) Joint and several responsibility. If two or more licensees
knowingly or unknowingly, directly or indirectly, cause or contribute
to causing unacceptable interference to a non-cellular part 90 of this
chapter licensee in the 800 MHz band, as defined in Sec. 22.970, such
licensees shall be jointly and severally responsible for abating
interference, with full cooperation and utmost diligence, in the
shortest practicable time.
(1) This joint and several responsibility rule requires interfering
licensees to consider all feasible interference abatement measures,
including, but not limited to, the remedies specified in the
interference resolution procedures set forth in Sec. 22.972(c). This
joint and several responsibility rule applies to all forms of
interference, including out-of-band emissions and intermodulation.
(2) Any licensee that can show that its signal does not directly or
indirectly, cause or contribute to causing unacceptable interference to
a non-cellular part 90 of this chapter licensee in the 800 MHz band, as
defined in this chapter, shall not be held responsible for resolving
unacceptable interference. Notwithstanding, any licensee that receives
an interference complaint from a public safety/CII licensee shall
respond to such complaint consistent with the interference resolution
procedures set forth in this chapter.
Sec. 22.972 Interference resolution procedures.
(a) Initial notification. (1) Cellular Radiotelephone licensees may
receive initial notification of interference from non-cellular part 90
of this chapter licensees in the 800 MHz band pursuant to Sec.
90.674(a) of this chapter.
(2) Cellular Radiotelephone licensees, in conjunction with part 90
ESMR licensees, shall establish an electronic means of receiving the
initial notification described in Sec. 90.674(a) of this chapter. The
electronic system must be designed so that all appropriate Cellular
Radiotelephone licensees and part 90 ESMR licensees can be contacted
about the interference incident with a single notification. The
electronic system for receipt of initial notification of interference
complaints must be operating no later than February 22, 2005.
(3) Cellular Radiotelephone licensees must respond to the initial
notification described in Sec. 90.674(a) of this chapter, as soon as
possible and no later than 24 hours after receipt of notification from
a part 90 public safety/CII licensee. This response time may be
extended to 48 hours after receipt from other part 90 non-cellular
licensees provided affected communications on these systems are not
safety related.
(b) Interference analysis. Cellular Radiotelephone licensees--who
receive an initial notification described in Sec. 90.674(a) of this
chapter--shall perform a timely analysis of the interference to
identify the possible source. Immediate on-site visits may be conducted
when necessary to complete timely analysis. Interference analysis must
be completed and corrective action initiated within 48 hours of the
initial complaint from a part 90 of this chapter public safety/CII
licensee. This response time may be extended to 96 hours after the
initial complaint from other part 90 of this chapter non-cellular
licensees provided affected communications on these systems are not
safety related.
[[Page 67835]]
Corrective action may be delayed if the affected licensee agrees in
writing (which may be, but is not required to be, recorded via e-mail
or other electronic means) to a longer period.
(c) Mitigation steps. (1) All Cellular Radiotelephone and part 90
of this chapter ESMR licensees who are responsible for causing
unacceptable interference shall take all affirmative measures to
resolve such interference. Cellular Radiotelephone licensees found to
contribute to unacceptable interference, as defined in Sec. 22.970,
shall resolve such interference in the shortest time practicable.
Cellular Radiotelephone licensees and part 90 of this chapter ESMR
licensees must provide all necessary test apparatus and technical
personnel skilled in the operation of such equipment as may be
necessary to determine the most appropriate means of timely eliminating
the interference. However, the means whereby interference is abated or
the cell parameters that may need to be adjusted is left to the
discretion of the Cellular Radiotelephone and/or part 90 of this
chapter ESMR licensees, whose affirmative measures may include, but not
be limited to, the following techniques:
(i) Increasing the desired power of the public safety/CII signal;
(ii) Decreasing the power of the part 90 ESMR and/or Cellular
Radiotelephone system signal;
(iii) Modifying the part 90 ESMR and/or Cellular Radiotelephone
system antenna height;
(iv) Modifying the part 90 ESMR and/or Cellular Radiotelephone
system antenna characteristics;
(v) Incorporating filters into part 90 ESMR and/or Cellular
Radiotelephone transmission equipment;
(vi) Permanently changing part 90 ESMR and/or Cellular
Radiotelephone frequencies; and
(vii) Supplying interference-resistant receivers to the affected
public safety/CII licensee(s). If this technique is used, in all
circumstances, Cellular Radiotelephone and/or part 90 of this chapter
ESMR licensees shall be responsible for all costs thereof.
(2) Whenever short-term interference abatement measures prove
inadequate, the affected part 90 of this chapter non-cellular licensee
shall, consistent with but not compromising safety, make all necessary
concessions to accepting interference until a longer-term remedy can be
implemented.
(3) Discontinuing operations when clear imminent danger exists.
When a part 90 of this chapter public safety licensee determines that a
continuing presence of interference constitutes a clear and imminent
danger to life or property, the licensee causing the interference must
discontinue the associated operation immediately, until a remedy can be
identified and applied. The determination that a continuing presence
exists that constitutes a clear and imminent danger to life or
property, must be made by written statement that:
(i) Is in the form of a declaration, notarized affidavit, or
statement under penalty or perjury, from an officer or executive of the
affected public safety licensee;
(ii) Thoroughly describes the basis of the claim of clear and
imminent danger;
(iii) Was formulated on the basis of either personal knowledge or
belief after due diligence;
(iv) Is not proffered by a contractor or other third party; and
(v) Has been approved by the Chief of the Wireless
Telecommunication Bureau or other designated Commission official. Prior
to the authorized official making a determination that a clear and
imminent danger exists, the associated written statement must be served
by hand-delivery or receipted fax on the applicable offending licensee,
with a copy transmitted by the fastest available means to the
Washington, DC office of the Commission's Wireless Telecommunications
Bureau.
Sec. 22.973 Information exchange.
(a) Prior notification. Public safety/CII licensees may notify a
part 90 ESMR or cellular radiotelephone licensee that they wish to
receive prior notification of the activation or modification of part 90
ESMR or cellular radiotelephone cell sites in their area. Thereafter,
the part 90 ESMR or cellular radiotelephone licensee must provide the
following information to the public safety/CII licensee at least 10
business days before a new cell site is activated or an existing cell
site is modified:
(1) Location;
(2) Effective radiated power;
(3) Antenna height;
(4) Channels available for use.
(b) Purpose of prior notification. The prior coordination of cell
sites is for informational purposes only. Public safety/CII licensees
are not afforded the right to accept or reject the activation of a
proposed cell or to unilaterally require changes in its operating
parameters. The principal purposes of notification are to:
(1) Allow a public safety licensee to advise the part 90 of this
chapter ESMR or Cellular Radiotelephone licensee whether it believes a
proposed cell will generate unacceptable interference;
(2) Permit Cellular Radiotelephone or part 90 of this chapter ESMR
licensees to make voluntary changes in cell parameters when a public
safety licensee alerts them to possible interference; and
(3) Rapidly identify the source if interference is encountered when
the cell is activated.
PART 24--PERSONAL COMMUNICATIONS SERVICES
0
5. The authority citation for part 24 continues to read as follows:
Authority: Sections 47 U.S.C. 154, 301, 302, 303, 309 and 332.
0
6. Amend Sec. 24.203 by revising paragraph (b) and adding paragraph
(d) to read as follows:
Sec. 24.203 Construction requirements.
* * * * *
(b) Licensees of 10 MHz blocks except for the 1910-1915 MHz and
1990-1995 MHz, including 10 MHz C block licenses reconfigured pursuant
to Amendment of the Commission's Rules Regarding Installment Payment
Financing for Personal Communications Services (PCS) Licensees, WT
Docket No. 97-82, Sixth Report and Order, FCC 00-313, and 15 MHz blocks
resulting from the disaggregation option as provided in the
Commission's Rules Regarding Installment Payment Financing for Personal
Communications Services (PCS) Licensees, Second Report and Order and
Further Notice of Proposed Rule Making, WT Docket 97-82, 12 FCC Rcd
16436 (1997), as modified by Order on Reconsideration of the Second
Report and Order, WT Docket 97-82, 13 FCC Rcd 8345 (1998), must serve
with a signal level sufficient to provide adequate service to at least
one-quarter of the population in their licensed area within five years
of being licensed, or make a showing of substantial service in their
licensed area within five years of being licensed. Population is
defined as the 1990 population census. Licensees may elect to use the
2000 population census to determine the five-year construction
requirement. Failure by any licensee to meet these requirements will
result in forfeiture of the license and the licensee will be ineligible
to regain it.
* * * * *
(d) Licensees in the paired 1910-1915 MHz and 1990-1995 MHz bands
must make a showing of ``substantial service'' in their license area
within ten years of the date of initial license issuance or renewal.
``Substantial service'' is defined as service which is sound,
favorable, and substantially above a level of mediocre service which
just might minimally warrant renewal. Failure by any licensee to meet
this
[[Page 67836]]
requirement will result in forfeiture of the license and the licensee
will be ineligible to regain it.
0
7. Amend Sec. 24.229 by adding paragraph (c) to read as follows:
Sec. 24.229 Frequencies.
* * * * *
(c) The paired frequency blocks 1910-1915 MHz and 1990-1995 MHz are
available for assignment in the 175 Economic Areas defined in Sec.
90.7 of this chapter. The 1910-1915 MHz block shall be used for mobile/
portable station transmissions while the 1990-1995 MHz block shall be
used for base station transmissions.
0
8. Amend Sec. 24.247 by adding paragraph (c) to read as follows:
Sec. 24.247 Triggering a reimbursement obligation.
* * * * *
(c) Any new entrants granted licenses for the 1910-1915 MHz band
must reimburse UTAM a pro rata share of its total expenses incurred by
UTAM as of the date that the new entrants gain access to the band. The
percent required by new entrants to pay shall be calculated based upon
the amount of spectrum granted to the new entrant as compared to the
total amount of spectrum UTAM is responsible for clearing of incumbents
(20 megahertz), and must be paid before a new entrant begins operations
in the band. For example, if a new entrant obtains a license for 5
megahertz of spectrum in this band, it is required to reimburse UTAM
one-quarter of UTAM's total costs to date on a pro rata shared basis.
New entrants will be responsible for the actual costs associated with
future relocation activities in their licensed spectrum, but will be
entitled to seek reimbursement from UTAM for the proportion of those
band clearing costs that benefit users of the 1915-1930 MHz band.
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCASTING AND
OTHER PROGRAM DISTRIBUTIONAL SERVICES
0
9. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.
0
10. Amend Sec. 74.602 by revising paragraph (a)(3)(iii) to read as
follows:
Sec. 74.602 Frequency assignment.
(a) * * *
(3) * * *
(iii) Broadcast Auxiliary Service, Cable Television Remote Pickup
Service, and Local Television Transmission Service licensees will be
required to use the Band A channel plan in paragraph (a)(3)(i) of this
section after completion of relocation by an Emerging Technologies
licensee in accordance with Sec. 74.690 or Sec. 78.40. Licensees
declining relocation may continue to use their existing channel plan
but must discontinue use of the 1990-2025 MHz band when they indicate
to an Emerging Technologies licensee, acting pursuant to Sec. 74.690
or Sec. 78.40 of this chapter, that they decline to be relocated.
* * * * *
0
11. Amend Sec. 74.690 by revising paragraphs (b), (c)(2), (c)(3), (d)
and the introductory text of paragraph (e), and to remove and reserve
section (e)(1)(ii) to read as follows:
Sec. 74.690 Transition of the 1990-2025 MHz band from the Broadcast
Auxiliary Service to emerging technologies.
(a) * * *
(b) An Existing Licensee in the 1990-2025 MHz band allocated for
licensed emerging technology services will maintain primary status in
the band until the Existing Licensee's operations are relocated by a
New Entrant, are discontinued under the terms of paragraph (a) of this
section, or become secondary under the terms of paragraph (e)(6) of
this section or the Existing Licensee indicates to a New Entrant that
it declines to be relocated.
(c) * * *
(2) The New Entrant completes all activities necessary for
implementing the replacement facilities, including engineering and cost
analysis of the relocation procedure and, if radio facilities are used,
identifying and obtaining, on the incumbents' behalf, new microwave or
Local Television Transmission Service frequencies and frequency
coordination.
(3) The New Entrant builds the replacement system and tests it for
comparability with the existing system.
(d) The Existing Licensee is not required to relocate until the
alternative facilities are available to it for a reasonable time to
make adjustments, determine comparability, and ensure a seamless
handoff. If, within one year after the relocation to new facilities the
Existing Licensee demonstrates that the new facilities are not
comparable to the former facilities, the New Entrant must remedy the
defects.
(e) Subject to the terms of this paragraph (e), the relocation of
Existing Licensees will be carried out by MSS licensees in the
following manner:
(1) * * *
(ii) [Reserved]
* * * * *
PART 78--CABLE TELEVISION RELAY SERVICE
0
12. The authority citation for part 78 continues to read as follows:
Authority: Sections 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat.,
as amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47
U.S.C. 152, 153, 154, 301, 303, 307, 308, 309.
0
13. Amend Sec. 78.40 by revising paragraphs (b), (c)(2), (c)(3), (e)
and the introductory text of paragraph (f), and by removing and
reserving paragraph (f)(1)(ii) to read as follows:
Sec. 78.40 Transition of the 1990-2025 MHz band from the Cable
Television Relay Service to emerging technologies.
(a) * * *
(b) Existing Licensees in the 1990-2025 MHz band allocated for
licensed emerging technology services will maintain primary status in
the band until a New Entrant completes relocation of the Existing
Licensee's operations or the Existing Licensee indicates to a New
Entrant that it declines to be relocated.
(c) * * *
(2) The New Entrant completes all activities necessary for
implementing the replacement facilities, including engineering and cost
analysis of the relocation procedure and, if radio facilities are used,
identifying and obtaining, on the incumbents' behalf, new microwave or
Cable Television Relay Service frequencies and frequency coordination.
(3) The New Entrant builds the replacement system and tests it for
comparability with the existing system.
* * * * *
(e) If, within one year after the relocation to new facilities the
Existing Licensee demonstrates that the new facilities are not
comparable to the former facilities, the New Entrant must remedy the
defect.
(f) Subject to the terms of this paragraph (f), the relocation of
Existing Licensees will be carried out by MSS licensees in the
following manner:
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
14. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
0
15. Amend Sec. 90.7 by adding the following definitions in
alphabetical order to read as follows:
[[Page 67837]]
Sec. 90.7 Definitions.
Cellular System (800 MHz). In the 806-817 MHz/851-862 MHz band, a
cellular system is defined as a high-density system which:
(1) Has more than five overlapping interactive sites featuring
hand-off capability; and
(2) Any one of such sites has an antenna height of less than 30.4
meters (100 feet) above ground level with an antenna height above
average terrain (HAAT) of less than 152.4 meters (500 feet) and twenty
or more paired frequencies.
* * * * *
Critical Infrastructure Industry (CII). Private internal radio
services operated by State, local governments and non-government
entities, including utilities, railroads, metropolitan transit systems,
pipelines, private ambulances, volunteer fire departments, and not-for-
profit organizations that offer emergency road services, provided these
private internal radio services are used to protect safety of life,
health, or property; and are not made commercially available to the
public.
* * * * *
Enhanced Specialized Mobile Radio System (ESMR). A specialized
mobile radio (SMR) system operating in the 800 MHz band which employs
an 800 MHz cellular system as defined in this section.
* * * * *
0
16. Section 90.16 is revised to read as follows:
Sec. 90.16 Public Safety National Plan.
The Commission has established a National Plan which specifies
special policies and procedures governing the Public Safety Pool
(formally Public Safety Radio Services and the Special Emergency Radio
Service). The National Plan is contained in the Report and Order in
General Docket No. 87-112. The principal spectrum resource for the
National Plan is the 806-809 MHz and the 851-854 MHz bands at locations
farther then 110 km (68.4 miles) from the U.S./Mexico border and 140 km
(87 miles) from the U.S./Canadian border (``border regions''). In the
border regions, the principal spectrum for the National Plan may be
different. The National plan establishes planning regions covering all
parts of the United States, Puerto Rico, and the U.S. Virgin Islands.
No assignments will be made in the spectrum designated for the National
Plan until a regional plan for the area has been accepted by the
Commission.
0
17. Amend Sec. 90.20(c)(3) by removing frequency bands ``806 to 824''
and ``851 to 859'' and by adding in its place ``806 to 821'' and ``851
to 862'' and by revising paragraph (d)(69) to read as follows:
Sec. 90.20 Public Safety Pool.
* * * * *
(c) * * *
(3) * * *
Public Safety Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
Frequency or band Class of station(s) Limitations Coordinator
----------------------------------------------------------------------------------------------------------------
* * * * * * *
806 to 817.............................. ......do.................. 69 ..........................
851 to 862.............................. Base or mobile............ 69 ..........................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(d) * * *
(69) Subpart S of this part contains rules for assignment of
frequencies in the 806-817 MHz and 851-862 MHz bands.
* * * * *
0
18. Amend Sec. 90.35(b)(3) by removing frequency bands ``806 to 821''
and ``851 to 869'' and by adding in its place ``809 to 824'' and ``854
to 869'' and by revising paragraph (c)(71) to read as follows:
Sec. 90.35 Industrial/Business Pool.
* * * * *
(b) * * *
(3) * * *
Industrial/Business Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
Frequency or band Class of station(s) Limitations Coordinator
----------------------------------------------------------------------------------------------------------------
* * * * * * *
809 to 824.............................. Mobile.................... 71 ..........................
854 to 869.............................. Base or mobile............ 71 ..........................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(c) * * *
(71) Subpart S of this part contains rules for assignment of
frequencies in the 809-824/854-869 and 896-901/935-940 MHz bands.
* * * * *
0
19. Amend Sec. 90.209(b)(5) by removing frequency bands ``806-821/851-
866'' and ``821-824/866-869'' and by adding in its place ``806-809/851-
854'' and ``809-824/854-869'' to read as follows:
Sec. 90.209 Bandwidth limitations.
* * * * *
(b) * * *
(5) * * *
[[Page 67838]]
Standard Channel Spacing/Bandwidth
------------------------------------------------------------------------
Authorized
Frequency band (MHz) Channel bandwidth
spacing (kHz) (kHz)
------------------------------------------------------------------------
* * * * * * *
806-809/851-854......................... 12.5 20
809-824/854-869......................... 25 20
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
20. In Sec. 90.210, revise the table by removing frequency bands
``806-821/851-866'' \3\ and ``821-824/866-869'' and by adding in its
place ``806-809/851-854'' and ``809-824/854-869'' \3\ to read as
follows:
Sec. 90.210 Emission masks.
* * * * *
Applicable Emission Masks
------------------------------------------------------------------------
Mask for Mask for
equipment with equipment
Frequency band (MHz) audio low pass without audio
filter low pass filter
------------------------------------------------------------------------
* * * * * * *
806-809/851-854....................... B H
809-824/854-869 \3\................... B G
* * * * * * *
------------------------------------------------------------------------
* * * * *
\3\ ESMR systems shall comply with the emission mask provisions of
Sec. 90.691.
* * * * *
0
21. Amend Sec. 90.213(a) by removing frequency bands ``806-821'',
``821-824'', ``851-866'', ``866-869'' and by adding in its place ``806-
809'', ``809-824'', ``851-854'', ``854-869'' to read as follows:
Sec. 90.213 Frequency stability.
(a) * * *
Minimum Frequency Stability
[Parts per million (ppm)]
------------------------------------------------------------------------
Mobile stations
-------------------------
Fixed and Over 2
Frequency range (MHz) base watts 2 watts or
stations output less output
power power
------------------------------------------------------------------------
* * * * * * *
806-809.......................... \14\ 1.0 1.5 1.5
809-824.......................... \14\ 1.5 2.5 2.5
851-854.......................... 1.0 1.5 1.5
854-869.......................... 1.5 2.5 2.5
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
22. Amend Sec. 90.607 by revising paragraph (e) to read as follows:
Sec. 90.607 Supplemental information to be furnished by applicants
for facilities under this subpart.
* * * * *
(e) All applicants for frequencies governed by this subpart are
subject to the frequency coordination requirements of Sec. 90.175(b)
except applicants requesting frequencies for EA-based SMR operations in
the 806-824 MHz/851-869 MHz band or 896-901 MHz/935-940 MHz band.
0
23. Amend Sec. 90.609 by revising paragraph (c) to read as follows:
Sec. 90.609 Special limitations on amendment of applications for
assignment or transfer of authorizations for radio systems above 800
MHz.
* * * * *
(c) Licensees of constructed systems in any category are permitted
to make partial assignments of an authorized grant to an applicant
proposing to create a new system or to an existing licensee that has
loaded its system to 70 mobiles per channel and is expanding that
system. An applicant authorized to expand an existing system or to
create a new system with frequencies from any category obtained through
partial assignment will receive the assignor's existing license
expiration date and loading deadline for the frequencies that are
assigned. A licensee that makes a
[[Page 67839]]
partial assignment of a station's frequencies will not be authorized to
obtain additional frequencies for that station for a period of one year
from the date of the partial assignment.
* * * * *
0
24. Section 90.613 is revised to read as follows:
Sec. 90.613 Frequencies available.
The following table indicates the channel designations of
frequencies available for assignment to eligible applicants under this
subpart. Frequencies shall be assigned in pairs, with mobile and
control station transmitting frequencies taken from the 806-824 MHz
band with corresponding base station frequencies being 45 MHz higher
and taken from the 851-869 MHz band, or with mobile and control station
frequencies taken from the 896-901 MHz band with corresponding base
station frequencies being 39 MHz higher and taken from the 935-940 MHz
band. Only the base station transmitting frequency of each pair is
listed in the following tables.
Table of 806-824/851-869 MHz Channel Designations
------------------------------------------------------------------------
Base frequency
Channel No. (MHz)
------------------------------------------------------------------------
1..................................................... 851.0125
2..................................................... .0375
3..................................................... .0500
4..................................................... .0625
5..................................................... .0750
6..................................................... .0875
7..................................................... .1000
8..................................................... .1125
9..................................................... .1250
10.................................................... .1375
11.................................................... .1500
12.................................................... .1625
13.................................................... .1750
14.................................................... .1875
15.................................................... .2000
16.................................................... .2125
17.................................................... .2250
18.................................................... .2375
19.................................................... .2500
20.................................................... .2625
21.................................................... .2750
22.................................................... .2875
23.................................................... .3000
24.................................................... .3125
25.................................................... .3250
26.................................................... .3375
27.................................................... .3500
28.................................................... .3625
29.................................................... .3750
30.................................................... .3875
31.................................................... .4000
32.................................................... .4125
33.................................................... .4250
34.................................................... .4375
35.................................................... .4500
36.................................................... .4625
37.................................................... .4750
38.................................................... .4875
39.................................................... .5125
40.................................................... .5375
41.................................................... .5500
42.................................................... .5625
43.................................................... .5750
44.................................................... .5875
45.................................................... .6000
46.................................................... .6125
47.................................................... .6250
48.................................................... .6375
49.................................................... .6500
50.................................................... .6625
51.................................................... .6750
52.................................................... .6875
53.................................................... .7000
54.................................................... .7125
55.................................................... .7250
56.................................................... .7375
57.................................................... .7500
58.................................................... .7625
59.................................................... .7750
60.................................................... .7875
61.................................................... .8000
62.................................................... .8125
63.................................................... .8250
64.................................................... .8375
65.................................................... .8500
66.................................................... .8625
67.................................................... .8750
68.................................................... .8875
69.................................................... .9000
70.................................................... .9125
71.................................................... .9250
72.................................................... .9375
73.................................................... .9500
74.................................................... .9625
75.................................................... .9750
76.................................................... .9875
77.................................................... 852.0125
78.................................................... .0375
79.................................................... .0500
80.................................................... .0625
81.................................................... .0750
82.................................................... .0875
83.................................................... .1000
84.................................................... .1125
85.................................................... .1250
86.................................................... .1375
87.................................................... .1500
88.................................................... .1625
89.................................................... .1750
90.................................................... .1875
91.................................................... .2000
92.................................................... .2125
93.................................................... .2250
94.................................................... .2375
95.................................................... .2500
96.................................................... .2625
97.................................................... .2750
98.................................................... .2875
99.................................................... .3000
100................................................... .3125
101................................................... .3250
102................................................... .3375
103................................................... .3500
104................................................... .3625
105................................................... .3750
106................................................... .3875
107................................................... .4000
108................................................... .4125
109................................................... .4250
110................................................... .4375
111................................................... .4500
112................................................... .4625
113................................................... .4750
114................................................... .4875
115................................................... .5125
116................................................... .5375
117................................................... .5500
118................................................... .5625
119................................................... .5750
120................................................... .5875
121................................................... .6000
122................................................... .6125
123................................................... .6250
124................................................... .6375
125................................................... .6500
126................................................... .6625
127................................................... .6750
128................................................... .6875
129................................................... .7000
130................................................... .7125
131................................................... .7250
132................................................... .7375
133................................................... .7500
134................................................... .7625
135................................................... .7750
136................................................... .7875
137................................................... .8000
138................................................... .8125
139................................................... .8250
140................................................... .8375
141................................................... .8500
142................................................... .8625
143................................................... .8750
144................................................... .8875
145................................................... .9000
146................................................... .9125
147................................................... .9250
148................................................... .9375
149................................................... .9500
150................................................... .9625
151................................................... .9750
152................................................... .9875
153................................................... .853.0125
154................................................... .0375
155................................................... .0500
156................................................... .0625
157................................................... .0750
158................................................... .0875
159................................................... .1000
160................................................... .1125
161................................................... .1250
162................................................... .1375
163................................................... .1500
164................................................... .1625
165................................................... .1750
166................................................... .1875
167................................................... .2000
168................................................... .2125
169................................................... .2250
170................................................... .2375
171................................................... .2500
172................................................... .2625
173................................................... .2750
174................................................... .2875
175................................................... .3000
176................................................... .3125
177................................................... .3250
178................................................... .3375
[[Page 67840]]
179................................................... .3500
180................................................... .3625
181................................................... .3750
182................................................... .3875
183................................................... .4000
184................................................... .4125
185................................................... .4250
186................................................... .4375
187................................................... .4500
188................................................... .4625
189................................................... .4750
190................................................... .4875
191................................................... .5000
192................................................... .5125
193................................................... .5250
194................................................... .5375
195................................................... .5500
196................................................... .5625
197................................................... .5750
198................................................... .5875
199................................................... .6000
200................................................... .6125
201................................................... .6250
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203................................................... .6500
204................................................... .6625
205................................................... .6750
206................................................... .6875
207................................................... .7000
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212................................................... .7625
213................................................... .7750
214................................................... .7875
215................................................... .8000
216................................................... .8125
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220................................................... .8625
221................................................... .8750
222................................................... .8875
223................................................... .9000
224................................................... .9125
225................................................... .9250
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227................................................... .9500
228................................................... .9625
229................................................... .9750
230................................................... .9875
231................................................... 854.0125
232................................................... .0375
233................................................... .0625
234................................................... .0875
235................................................... .1125
236................................................... .1375
237................................................... .1625
238................................................... .1875
239................................................... .2125
240................................................... .2375
241................................................... .2625
242................................................... .2875
243................................................... .3125
244................................................... .3375
245................................................... .3625
246................................................... .3875
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250................................................... .4875
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252................................................... .5375
253................................................... .5625
254................................................... .5875
255................................................... .6125
256................................................... .6375
257................................................... .6625
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260................................................... .7375
261................................................... .7625
262................................................... .7875
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264................................................... .8375
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268................................................... .9375
269................................................... .9625
270................................................... .9875
271................................................... 855.0125
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273................................................... .0625
274................................................... .0875
275................................................... .1125
276................................................... .1375
277................................................... .1625
278................................................... .1875
279................................................... .2125
280................................................... .2375
281................................................... .2625
282................................................... .2875
283................................................... .3125
284................................................... .3375
285................................................... .3625
286................................................... .3875
287................................................... .4125
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294................................................... .5875
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301................................................... .7625
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311................................................... 856.0125
312................................................... .0375
313................................................... .0625
314................................................... .0875
315................................................... .1125
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318................................................... .1875
319................................................... .2125
320................................................... .2375
321................................................... .2625
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354................................................... .0875
355................................................... .1125
356................................................... .1375
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380................................................... .7375
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382................................................... .7875
383................................................... .8125
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385................................................... .8625
386................................................... .8875
387................................................... .9125
388................................................... .9375
[[Page 67841]]
389................................................... .9625
390................................................... .9875
391................................................... 858.0125
392................................................... .0375
393................................................... .0625
394................................................... .0875
395................................................... .1125
396................................................... .1375
397................................................... .1625
398................................................... .1875
399................................................... .2125
400................................................... .2375
401................................................... .2625
402................................................... .2875
403................................................... .3125
404................................................... .3375
405................................................... .3625
406................................................... .3875
407................................................... .4125
408................................................... .4375
409................................................... .4625
410................................................... .4875
411................................................... .5125
412................................................... .5375
413................................................... .5625
414................................................... .5875
415................................................... .6125
416................................................... .6375
417................................................... .6625
418................................................... .6875
419................................................... .7125
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422................................................... .7875
423................................................... .8125
424................................................... .8375
425................................................... .8625
426................................................... .8875
427................................................... .9125
428................................................... .9375
429................................