[Federal Register: August 3, 2004 (Volume 69, Number 148)]
[Proposed Rules]
[Page 46462-46474]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au04-12]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 90
[ET Docket No. 04-243; FCC 04-156]
Narrowbanding for Private Land Mobile Radio Service
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This document proposes to revise our transition plan for
Private Land Mobile Radio (PLMR) licensees in the 150.05-150.8 MHz,
162-174 MHz, and 406.1-420 MHz bands. This action will provide for an
orderly transition from wideband to narrowband operations, increase
spectrum efficiency, maintain compatibility with Federal operations,
permit PLMR licensees to operate using existing equipment with greater
confidence that their critical operations will not be suddenly required
to cease transmissions, and significantly reduce the probability that
wideband PLMR operations will interfere with new Federal operations.
DATES: Written comments are due September 2, 2004, and reply comments
are due September 17, 2004.
ADDRESSES: Office of the Secretary, Federal Communications Commission,
445 12th Street, SW., TW-A325, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and
Technology, (202) 418-2450, TTY (202) 418-2989, e-mail:
Tom.Mooring@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, ET Docket No. 04-243; FCC 04-156, adopted June
30, 2004, and released July 6, 2004. The full text of this document is
available for inspection and copying during regular business hours in
the FCC Reference Center (Room CY-A257), 445 12th Street, SW.,
Washington, DC 20554. The complete text of this document also 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.
Alternative formats are available to persons with disabilities by
contacting Brian Millin at (202) 418-7426 or TTY (202) 418-7365.
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments on or before
September 2, 2004, and reply comments on or before September 17, 2004.
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by filing paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings, 63 FR 24121 (May 1, 1998).
Comments filed through the ECFS can be sent as an electronic file via
the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only
one copy of an electronic submission must be filed. If multiple docket
or rulemaking numbers appear in the caption of this proceeding,
however, commenters must transmit one electronic copy of the comments
to each docket or rulemaking number referenced in the caption. In
completing the transmittal screen, commenters should include their full
name, U.S. Postal Service mailing address, and the applicable docket or
rulemaking number. Parties may also submit an electronic comment by
Internet e-mail. To get filing instructions for e-mail comments,
commenters should send an e-mail to ecfs@fcc.gov, and should include
the following words in the body of the message, ``get form < your e-mail
address.'' A sample form and directions will be sent in reply. Parties
who choose to file by paper must file an original and four copies of
each filing. If more than one docket or rulemaking number appears in
the caption of this proceeding, commenters must submit two additional
copies for each additional docket or rulemaking number.
All filings must be addressed to the Commission's Secretary, Office
of the Secretary, Federal Communications Commission. Filings can be
sent by hand or messenger delivery, by commercial overnight courier, or
by first-class or overnight U.S. Postal Service mail (although we
continue to experience delays in receiving U.S. Postal Service mail).
The Commission's contractor, Natek, Inc., will receive hand-delivered
or messenger-delivered paper filings for the Commission's Secretary at
236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The
filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes
must be disposed of before entering the building. Commercial overnight
mail (other than U.S. Postal Service Express Mail and Priority Mail)
must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class mail, Express Mail, and Priority Mail
should be addressed to 445 12th Street, SW., Washington, DC 20554.
Summary of the Notice of Proposed Rulemaking
1. This proceeding was initiated in order to revise the procedures
by which certain PLMR service operations on the Hydrological and
Meteorological (Hydro), Forest Fire-Fighting and Conservation, and
Public Safety channels, as well as Medical Radiocommunication Systems,
are to transition to narrower, more spectrally efficient channels in a
process commonly known as ``narrowbanding.'' These PLMR operations
occupy spectrum in the 150.05-150.8 MHz, 162-174 MHz, and 406.1-420 MHz
bands that is allocated for Federal Government (Federal) use and, in
many cases, is shared on the condition that
[[Page 46463]]
interference is not caused to Federal operations. The National
Telecommunications and Information Administration (NTIA) is
transitioning Federal operations in this spectrum to 12.5 kHz (so-
called ``narrowband'') channels on a January 1, 2005 and January 1,
2008 timetable (depending on the band), whereas our rules currently
permit non-Federal Government (non-Federal) licensees to operate
channels in excess of 12.5 kHz (so-called ``wideband'' operations) in
these bands for as long as 2018. Because NTIA has adopted a more rapid
narrowbanding schedule in these Federal bands than the Commission has
required for our licensees, this transition has the potential to impact
non-Federal operations in these bands.
2. Our proposals draw on the general principles embodied in the
Commission's Refarming Proceeding, 60 FR 43720, August 23, 1995, which
set forth a plan to transition PLMR operations from 25 kHz channels to
narrower channels. In that proceeding, the Commission recognized that
narrowbanding can promote efficient spectrum use and can help
accommodate increasing PLMR demand. The instant proceeding is made
necessary by NTIA's separate narrowbanding efforts, and is designed to
allow for compatible use of Federal spectrum by both Federal and non-
Federal users.
Federal Use of the Bands
3. Since January 1, 1995, all new Federal systems in the 162-174
MHz band have been required to operate within a 12.5 kHz channel. After
January 1, 2005, all Federal systems in the band must operate within a
12.5 kHz channel. For operations in the 406.1-420 MHz band, NTIA has
required that, by January 1, 2008, all assignments and equipment must
operate within to a 12.5 kHz channel. In order to remain on a wideband
channel in the 406.1-420 MHz band after that date, NTIA requires that a
waiver request be recommended for approval by the IRAC's Frequency
Assignment Subcommittee (FAS) and approved by NTIA. Even if a waiver is
approved, the assignment may be revoked within 180 days of a formal
notice, under certain conditions. Finally, we note that some Federal
operations such as wireless microphones, military equipment used for
tactical and/or training operations, and NOAA weather radio stations
are exempt from the Federal narrowbanding requirements.
Non-Federal Use of the Bands
4. Although these bands are allocated for Federal Government use
and are administered by NTIA, limited non-Federal use of these bands is
authorized by virtue of seven United States footnotes: US8, US11, US13,
US216, US223, US300, and US312. We describe the services the Commission
has authorized to operate in these bands pursuant to these footnotes,
as well as the relationship of non-Federal Government users in the
bands to Federal Government users. In many cases, non-Federal
Government users in these bands operate on a non-interference basis in
conjunction with, or in support of, Federal functions. Moreover, many
of the channels authorized by these footnotes are subject to the 12.5
kHz channel plan that the Commission adopted in the Narrowbanding
Second Report and Order, 68 FR 42296, July 17, 2003.
5. As an initial matter, we note that our current narrowbanding
schedule, which sets a January 1, 2005, date by which all new certified
equipment must be designed to operate on channels of 6.25 kHz or less,
applies to PLMR operations and does not make an exception for the
operations on Federal channels discussed in the NPRM. Because NTIA has
not yet addressed if or when it will require Federal users on these
bands to operate on 6.25 kHz-wide channels, we seek comment on whether
we should exempt equipment designed for use in these Federal bands from
our current 6.25 kHz certification requirement. Specifically,
commenters should address whether such a policy would be either
beneficial or detrimental to enabling sharing between PLMR licensees
and Federal users.
Hydro Channels (US13)
6. Background. On February 24, 2000, NTIA updated the NTIA Manual
to implement a revised channel plan that specifies new and modified
narrowband channels for hydrologic and meteorological operations in the
162-174 and 406.1-420 MHz bands. Specifically, in the 169-172 MHz band
segment (in which 20 Hydro channels are currently located), 16 channels
were added to the Hydro Channel Plan and the three previously
grandfathered channels were removed. In the 406-416 MHz band segment
(in which eight Hydro channels are currently located), seven channels
were added to the Hydro Channel Plan and three channels were removed.
NTIA has designated two of the existing channels--406.125 MHz and
406.175 MHz--to be paired with two of the new channels--415.125 MHz and
415.175 MHz--to allow for paired Hydro operations. A review of our
databases indicates that the Commission has licensed 219 fixed stations
on the six channels being removed from the Hydro Channel Plan and has
issued 1053 licenses for those Hydro channels that are designated for
narrowband operations. NTIA requests that existing wideband Hydro
systems in the 169-172 MHz and 406-416 MHz segments adhere to the new
Hydro Channel Plan and convert to narrowband equipment before January
1, 2005 and January 1, 2008, respectively.
7. Proposal. The Commission proposed to revise its rules to reflect
an updated Hydro Channel Plan that is consistent with the channel plan
shown in the NTIA Manual. The Commission's proposal would increase the
number of Hydro channels from 28 single frequency channels (plus three
grandfathered channels) to 44 single frequency channels and two sets of
paired channels--for a total of 48 frequencies. Within the 162-174 MHz
band, we propose to add 16 channels to the Hydro Channel Plan and to
remove the three grandfathered channels--169.575 MHz, 170.375 MHz, and
171.975 MHz. Within the 406-416 MHz band, we propose to add seven
channels to the Hydro Channel Plan, pair two of the new channels with
two existing channels in the band, and remove three channels--409.675
MHz, 409.725 MHz, and 412.625 MHz. By doing so, we would align non-
Federal use of the Hydro channels with Federal use under NTIA's
narrowbanding plan. Under the provisions of footnote US13, non-Federal
stations operate in cooperation with Federal stations. Consistency
between Federal and non-Federal band plans furthers the public interest
and safety by maintaining a ready flow of hydrologic and metrological
data between non-Federal and Federal entities.
8. The Commission's previously adopted rules that require Hydro
operations in the 169-172 MHz segment to transition to narrowband
equipment well into the future (currently, January 1, 2013, for systems
operating in the Industrial/Business Pool and by January 1, 2018, for
systems operating in the Public Safety Pool). Thus, our narrowbanding
schedule differs from NTIA's plan, which calls for Federal operations
to use narrowband equipment by 2005. Because there could be extended
periods during which existing non-Federal 25 kHz equipment may not be
compatible with Federal operations using the new 12.5 kHz channels, we
propose to establish the following procedure for incumbent
[[Page 46464]]
licensees in the Hydro channels: First, existing stations (including
those stations that expand existing operations) will be permitted to
continue to operate with an authorized bandwidth in excess of 12.5 kHz
until the 2013 and 2018 transition dates that are currently in effect,
so long as no harmful interference is caused to a Federal assignment in
the band. Second, because new Federal assignments may be authorized
after January 1, 2005, it will be necessary for our licensees to work
with the Hydro Committee to minimize the potential for interference
between stations. The Hydro Committee coordinates all requests for use
of hydrologic channels and provides comment on such request to the FCC
and NTIA (i.e., the FAS Secretariat), and thus is in the best position
to promote the best cooperative use of these channels. Ultimately,
because assignments are determined by the NTIA and the FCC, a non-
Federal license in the 169-172 MHz band segment is subject to
termination if interference is caused to the Federal assignment.
9. The Commission has not previously adopted narrowbanding
requirements for the 406-416 MHz band. For existing non-Federal
operations on the 406.125 MHz, 406.175 MHz, 412.725 MHz, and 412.775
MHz channels (i.e. the four Hydro channels currently authorized in
footnote US13 that will remain in the revised Hydro Channel Plan), we
propose to require narrowband operations by the same dates as the Hydro
channels in the 169-172 MHz band segment. Thus, these licensees would
be permitted to use existing equipment until the Commission's overall
narrowbanding requirements take effect (again, currently January 1,
2013, for systems in the Industrial/Business Pool, and by January 1,
2018, for systems in the Public Safety Pool). Because new Federal
assignments may be authorized after January 1, 2005, it will be
necessary for our licensees to work with the Hydro Committee to
minimize the potential for interference between stations. The Hydro
Committee coordinates all requests for use of Hydro channels and
provides comment on such request to the FCC and NTIA (i.e., the FAS
Secretariat), and thus is in the best position to promote the best
cooperative use of these channels. Ultimately, because assignments are
determined by the NTIA and the FCC, a non-Federal license in the 406-
416 MHz band segment will be subject to termination if interference is
caused to the Federal assignment.
10. The Commission tentatively concluded that we should implement a
modified procedure for those Hydro channels that we propose to remove
from the Hydro Channel Plan. In the 162-174 MHz band, one licensee--the
State of California--has been authorized 15 fixed stations on the
frequency 169.575 MHz under the 1962 grandfathering rules. There are no
non-Federal licensees operating on the other two channels in the band.
A total of 13 non-Federal licensees are authorized to operate on the
three 406-416 MHz band channels: (1) six licensees are authorized to
operate 112 fixed stations at 409.675 MHz; (2) three licensees are
authorized to operate ten fixed stations at 409.725 MHz; and (3) four
licensees are authorized to operate 97 fixed stations at 412.625 MHz.
In each of these cases, we propose that licensees modify their
equipment and station licenses and migrate to a center frequency under
the new Hydro Channel Plan on a timetable as advised by the Hydro
Committee and approved by the NTIA and the FCC. As such, we note that
Commission licensees should be prepared to cease or relocate operations
by January 1, 2005, for stations on the frequency 169.575 MHz and by
January 1, 2008, for stations on the frequencies 409.675 MHz, 409.725
MHz, and 412.625 MHz, in the event that they cause harmful interference
to Federal facilities. Regardless of how long the Hydro Committee
allows existing licensees to continue operations, we propose that in no
case will licensees be permitted to operate on these channels after
January 1, 2013 (for non-public safety systems) and January 1, 2018
(for public safety systems).
11. For all new Hydro stations, we propose that a license issued on
or after January 1, 2005 (for stations in the 162-174 MHz band) or
January 1, 2008 (for stations in the 406-416 MHz band), limit
operations to a channel no wider than 12.5 kHz, except that we could
authorize wideband operations if the Hydro Committee recommends that an
application be granted, and NTIA approves the request. Because
equipment meeting this channel bandwidth has been available for more
than eight years, new licensees should be able to meet this
requirement.
12. To implement these proposals, the Commission anticipates
revising Sec. 90.265(a) of its rules to reflect the new Hydro Channel
Plan and our proposal for transitioning to narrowband channels.
Although Hydro channels are used by state and local government
entities, they are not listed as being available to Public Safety Pool
eligibles in part 90 of its rules. Therefore, we also propose to amend
Sec. Sec. 90.20(c), 90.20(d)(48), and 90.265(a) of the Commission's
rules to correct this oversight. The Commission proposes to amend the
Industrial/Business Pool Frequency Table in part 90 of its rules by
revising the entry for the 406-413 MHz band to read ``406-416 MHz'' to
encompass the new Hydro frequencies at 415.125 MHz and 415.175 MHz.
Furthermore, the Commission proposes to revise footnote US13 of Sec.
2.106 to incorporate the new band plan. These revisions are included in
the proposed rules.
13. Because non-Federal operations on these channels must not cause
interference to Federal operations, we believe that the proposed
modifications are necessary in light of the NTIA narrowbanding efforts.
Due to the nature and use of the Hydro channels, we expect that the
Hydro Committee will continue to promote effective non-Federal use of
the band, and will work to foster an effective transition for all
licensees. The Commission seeks comment on these proposals, including
any difficulties that public safety licensees may have with complying
with the proposed policy for transitioning existing operations to
narrowband channels. The Commission also request comments on how these
proposals would affect Federal operations in the bands.
Forest Fire-Fighting and Conservation Channels (US8)
14. Background. Footnote US8 states that the use of nine channels
in the 162-174 MHz band may be authorized for stations in the fixed and
land mobile services that are operated by non-Federal forest fire-
fighting agencies on the condition that no harmful interference will be
caused to Federal stations. In addition, two of these channels may also
be used by non-Federal conservation agencies for mobile relay operation
only. These nine channels are available to Public Safety Pool eligibles
in Section 90.20 of our Rules and are reserved primarily for assignment
to state licensees.
15. NTIA has required that all new Federal fixed and land mobile
operations in the 162-174 MHz band use 12.5 kHz channels since 1995 and
has established January 1, 2005, as the date by which all such Federal
operations in this band must use narrowband equipment. Our rules permit
existing licensees on these channels to use wideband equipment much
longer--currently, until January 1, 2018. Because additional Federal
agencies will soon commence to operate on the new channels, there is an
increased likelihood of interference
[[Page 46465]]
between these Federal and non-Federal operations.
16. Proposal. Because these nine frequencies were provided for
cooperative forest fire-fighting and conservation operations between
Federal, state, and local entities, we propose to maintain that
relationship. Because our rules provide a much longer transition to
narrowband channels than NTIA's plan, we propose to allow operations
under existing licenses (and expansions under existing licenses) to
continue with an authorized bandwidth in excess of 12.5 kHz until the
Commission's general narrowband transition date (currently 2018) or
until notified by the Commission that harmful interference is
anticipated to or from a Federal assignment proposed on or after
January 1, 2005, whichever comes first. To minimize the potential of
harmful interference between stations, the FCC will work with NTIA
under the auspices of the FAS to provide advanced notice to our
licensees that a proposed Federal assignment has been filed with NTIA.
After the Federal entity begins operations, however, the non-Federal
license will be subject to termination if interference is caused to
Federal operations.
17. The Commission proposed that, after January 1, 2005, all new
non-Federal stations meet the narrowband standards, unless a waiver has
been recommended by the sponsoring Federal agency and approved by NTIA.
Although the Narrowbanding Second Report and Order 68 FR 42296, July
17, 2003, had established a January 13, 2004, cut-off date for filing
wideband applications, it is unclear how long the current stay of those
rules will remain in effect or whether the underlying rules will be
changed upon reconsideration. Nevertheless, because the forest fire-
fighting and conservation channels operate on a secondary basis to
Federal operations, we believe that we must move forward with the
narrowbanding of these channels in order to improve compatibility with
Federal operators and minimize the potential for interference. Thus, if
the general narrowbanding requirement for PLMR licenses in the 150-174
MHz band takes effect prior to January 1, 2005, we propose to apply
that date instead.
18. The Commission observed that these channels are used
sporadically and many are located in rural areas, and so we believe
that there is a realistic possibility that some existing licensees will
be able to continue to operate on their current channels beyond NTIA's
January 1, 2005, schedule without causing harmful interference.
Accordingly, we see no need to alter the Commission's previously
adopted rules that allow incumbent forest firefighting and conservation
operations in the 162-174 MHz band to transition to narrowband
equipment by January 1, 2018. However, because there could be up to a
13-year period during which non-Federal forest firefighting/
conservation operations using 25 kHz equipment may not be compatible
with Federal operations using the new 12.5 kHz channels, the procedures
described in the NPRM will provide licensees with notice of anticipated
interference to or from new Federal operations and an opportunity to
prepare to cease operations. The Commission believes that these
proposals balance the competing needs of all users, and seek comment on
this plan. The Commission also request comments on the compatibility of
older 25 kHz channel equipment with narrowband equipment currently
available.
19. The Commission note that, under current practice, applications
for use of these channels are accompanied by a letter of concurrence by
the sponsoring Federal agency (e.g. the Department of Agriculture). We
tentatively conclude that this practice aids the coordination of
assignments between NTIA and the Commission, and we therefore propose
to modify our rules to codify this procedure.
20. Finally, the Commission proposes to move the existing
limitations that are contained in Sec. 90.20 of its rules into a new
subsection of Sec. 90.265, revise limitation 49 under Sec. 90.20 to
provide a cross-reference to Sec. 90.265, and remove what will then be
redundant statements of limitation for these channels in Sec. 90.20.
Section 90.265 of the Commission's rules already describes procedures
by which we license two services permitted on Federal bands pursuant to
United States footnotes--Hydro operations and wireless microphones. We
believe it would be convenient and consistent to expand this section to
include similarly situated services including, inter alia, the Forest
Fire-Fighting and Conservation channels. We seek comment on these
proposals, including any difficulties that public safety licensees may
have with complying with the proposed policy for transitioning
assignments to 12.5 kHz channels. We also request comment on how these
proposals would affect Federal operations in the band.
Public Safety Channels (US11)
21. Background. Footnote US11 authorizes public safety radio
services use of two channels on 166.25 MHz and 170.15 MHz for locations
within 150 miles of New York City, on the condition that harmful
interference is not caused to present or future Federal stations in the
162-174 MHz band. A recent review of our licensing database shows that
the Commission has authorized 30 fixed stations, 1295 mobile stations,
and 95 pagers on the frequency 166.25 MHz, and 23 fixed stations, 640
mobile stations, and 160 pagers on the frequency 170.15 MHz.
22. Consistent with NTIA's 12.5 kHz Plan for Federal fixed and land
mobile operations in the 162-174 MHz band, we have required that non-
Federal operations on the two public safety channels authorized in
footnote US11 be narrowed to 12.5 kHz channels. However, the NTIA plan
calls for Federal licensees to meet a January 1, 2005, deadline to
operate on narrowband channels, whereas our rules require public safety
licensees in the band to migrate to 12.5 kHz technology by January 1,
2018. The prospect that Federal agencies will soon commence to operate
on the new channels increases the likelihood of interference between
Federal and non-Federal operations in the band.
23. Proposal. Because the non-interference considerations discussed
in the NPRM apply to these channels, we propose to allow operations
under existing licenses (and expansions under existing licenses) to
continue with an authorized bandwidth in excess of 12.5 kHz until the
Commission's narrowband transition date (currently 2018) or until
notified by the Commission that harmful interference is anticipated to
or from a Federal assignment proposed on or after January 1, 2005,
whichever comes first. To minimize the potential of harmful
interference between stations, the FCC will work with NTIA under the
auspices of the Frequency Assignment Subcommittee (FAS) of the
Interdepartment Radio Advisory Committee (IRAC) to provide advanced
notice to our licensees that a proposed Federal assignment has been
filed with NTIA. After the Federal entity begins operations, however,
the non-Federal license will be subject to termination if interference
is caused to the Federal assignment. The Commission also proposed that
new stations meet the narrowband standards no later than January 1,
2005, unless a waiver has been granted by NTIA. However, if the general
narrowbanding requirement for PLMR licenses in the 150-174 MHz band
takes effect prior to January 1, 2005, we propose to apply that date
instead.
24. The Commission proposed modifications to its rules to
accurately reflect non-Federal licensees' role in
[[Page 46466]]
this shared band. It proposed to create a new paragraph in Sec. 90.265
of the rules to describe these public safety channels, and to revise
the limitation in Sec. 90.20(d)(47) of the rules to serve as a cross-
reference. The Commission proposed to state in its rules that
operations are on a secondary basis to any Federal station, in order to
give effect to the restriction embodied in footnote US11 that non-
Federal operations on 166.250 MHz and 170.150 MHz may operate on the
condition that no harmful interference is caused to Government stations
``present or future'' in the Federal band. The Commission also believes
that footnote US11 can be modified to remove an outdated reference to
wideband operations that are no longer permitted and to simplify the
description of public safety and remote pickup broadcast operations in
the band. Finally, the Commission asks whether new applications for use
of these channels should be accompanied by a letter of concurrence by a
sponsoring Federal agency, as we do with the Forest Fire-Fighting and
Conservation channels. We note that similar coordination letters appear
to have served non-Federal users well in ensuring smooth processing of
license applications.
25. The Commission believes that these proposed modifications will
properly account for NTIA's scheduled narrowbanding of Federal
operations in the band. The Commission seeks comment on these
proposals, including any difficulties that public safety licensees may
have with complying with the proposed policy for transitioning footnote
US11 assignments to 12.5 kHz channels. The Commission also request
comment on how these proposals would affect Federal operations, which
are scheduled to use only narrowband equipment after January 1, 2005.
Further, the Commission seeks comment on the compatibility of older 25
kHz channel equipment with narrowband equipment currently available.
Medical Radiocommunication Systems (US216)
26. Background. Footnote US216 makes several frequencies available
to both Federal and non-Federal Medical Radiocommunication Systems on a
primary basis. Such use dates back to a 1974 Report and Order, in which
the Commission established new medical radiocommunication frequencies
pursuant to a NTIA report. Medical Radiocommunication Systems operate
in frequency bands that are designated for Federal use, as well as
bands designated for non-Federal use. Five medical radiocommunication
frequencies specified in part 90 of the rules, 150.775 MHz, 150.7825
MHz, 150.790 MHz, 150.7975 MHz, and 163.250 MHz, operate in the Federal
bands and are the subject of the discussion herein. Three of these
frequencies, 150.775 MHz, 150.790 MHz, and 163.250 MHz, are listed in
US216, while the other two, 150.7825 MHz and 150.7975 MHz, are not.
27. Proposal. The Commission proposed to require that non-Federal
operations in the Federal bands as listed in footnote US216 (150.775
MHz, 150.790 MHz and 163.25 MHz) be narrowed to a 12.5 kHz channel to
maintain their primary status. The establishment of a narrowbanding
plan for non-Federal users operating on these frequencies will
complement NTIA's 12.5 kHz Plan to establish narrowband channels for
Federal fixed and land mobile operations in the 150.05-150.8 MHz and
162-174 MHz bands. The Commission further propose to cease licensing
stations on the frequencies of 150.7825 MHz and 150.7975 MHz. These
frequencies, which were never incorporated into footnote US216, lie
within the Federal military band, and additional authorizations would
limit the operational deployment of vital military systems. We propose
to permit existing stations that are authorized as of effective date of
the Report and Order in this proceeding to use the frequencies 150.7825
MHz and 150.7975 MHz indefinitely. We seek comment on these proposals.
28. The Commission proposed to retain the same narrowbanding
timetable we previously established in the Narrowbanding Second R&O
with respect to stations operating on the Federal frequencies: 150.775
MHz, 150.790 MHz, and 163.250 MHz. Under this plan, existing public
safety operations using these frequencies, including expansions of
existing systems, must use narrowband equipment no later than January
1, 2018. With respect to use of the Federal frequencies in the Medical
Radiocommunciation Systems bands, the Commission recognizes that our
plan differs from that of NTIA, and that existing non-Federal entities
will be able to operate on wideband channels both throughout and after
NTIA's transition period for Federal users in the band. The Commission
tentatively concluded that such a timetable is warranted because the
application of our general narrowbanding dates to these channels will
allow us to provide a migration period that is sufficiently long in
duration to meet the unique funding and planning needs of public safety
entities. The Commission further notes that these three frequencies are
shared by Federal and non-Federal entities on a co-primary basis. Thus,
use of these three frequencies differs from the other frequency bands,
in which non-Federal licensees operate on a secondary basis to Federal
users and must be prepared to migrate or cease operations once Federal
licensees begin using narrowband equipment. Because of this
distinction, the Commission believe that these non-Federal licensees
should be treated in a similar manner to all other primary land mobile
licensees under its jurisdiction. By doing so, we will be able to
provide valuable migration time to existing non-Federal Medical
Radiocommunication Systems licensees. In addition, this approach will
preserve our traditional first-in-time policy by which the first
licensed entity does not have to modify its operations but instead
maintains a primary status in relation to subsequently licensed
entities. Under this policy, an existing wideband non-Federal licensee
will be entitled to protection from interference from new Federal
entities and non-Federal licensees that subsequently begin operations
in the band, and will not need to modify existing operations to prevent
interference to these new entrants. For all of these reasons, we
tentatively conclude that existing licensees be permitted to use their
existing equipment until January 1, 2018, and that such operations be
protected from interference from new or modified Federal and non-
Government operations in the band until that date.
29. With respect to new stations operating on the frequencies
150.775 MHz, 150.790 MHz, and 163.250 MHz, the Commission proposed to
adopt a narrowbanding timetable that is aligned with NTIA's
narrowbanding plan. New stations operating at 163.250 MHz must meet the
narrowband standards no later than January 1, 2005, and new stations
operating at 150.775 MHz and 150.790 MHz must meet the narrowband
standards no later than January 1, 2008. However, if the general
narrowbanding requirement for PLMR licenses in the 150-174 MHz band
takes effect prior to January 1, 2008, we propose to apply that date
instead for new operations at 150.775 MHz, 150.790 MHz, and 163.25 MHz.
Because equipment meeting this channel bandwidth has been available for
more than eight years, we anticipate that new licensees should be able
to meet these requirements. We further note that, unlike existing
licensees, new licensees will not have the burden of planning for,
budgeting, and
[[Page 46467]]
transitioning from legacy wideband systems. These requirements support
the longer transition period we are affording existing licensees.
30. The Commission also take this opportunity to propose several
clarifications to its part 90 rules relating to Medical
Radiocommunication Systems. In Sec. 90.20 of the rules, the Commission
proposed to add a new limitation on the use of the frequencies 150.775
MHz, 150.790 MHz, and 163.250 MHz that would implement, on a going-
forward basis, the footnote US216 requirement that the use of these
channels be limited to medical radio communications systems, as well as
to remove existing limitation 19 for these channels. In addition, and
in order to give effect to the medical use limitation, we propose that
the coordinator for the frequencies 152.0075 MHz and 163.250 MHz (as
listed in the fourth column of the Public Safety Pool Frequency Table)
be changed from Special Emergency Coordinator (PS) to Emergency Medical
Coordinator (PM). The Commission notes that the coordinator for the
frequencies 150.775 MHz and 150.790 MHz is specified as PM in the
current rules, and tentatively conclude that we should follow the same
approach for the frequencies 152.0075 MHz and 163.250 MHz. The
Commission seek comment on this proposal. The Commission also proposed
to modify footnote US216 to list the available frequencies in lieu of
the 152-152.0150 MHz and 163.2375-163.2625 MHz bands. The Commission
note that our proposal would result in a single medical paging
frequency, 152.0075 MHz, operating in the primary non-Federal band. The
Commission seeks comment as to how we should treat this frequency, and
whether it should be limited to narrowband operations in the same
manner and time frame we require for medical paging operations at
163.25 MHz. Finally, we note that the use of frequencies 150.775 MHz
and 150.790 MHz are limited to mobile use only and that no power
restrictions are currently specified for these channels in part 90 of
the rules, despite NTIA's provisions that these channels are to be used
for hand-held units restricted to 2.5 watts of power. The Commission
seeks comment on the practical effect of this discrepancy and what
actions, if any, we should take to reconcile the difference between our
Rules and NTIA's provisions for these channels.
31. The modifications the Commission proposed are designed to
balance the needs of incumbent non-Federal users in light of proposed
new Federal narrowband operations in the band, and we seek comment on
these proposals. The Commission especially solicit information from the
medical, the emergency medical, and the special emergency
radiocommunication services community regarding the use of the two
mobile frequencies (150.775 MHz and 150.790 MHz), the two ``offset''
frequencies (150.7825 MHz and 150.7975 MHz), and the two paging-only
frequencies (152.0075 MHz and 163.25 MHz) in order to develop a full
record regarding both the current use of and any future needs for these
frequencies--including any related use by non-medical, public safety
entities. The Commission also seek information about the need for these
frequencies in relation to other frequencies available under part 90 of
the Commission's rules.
Other Users (US117, US223, US300, and US312)
32. Stolen Vehicle Recovery Systems (US312). Footnote US312 states
that the frequency 173.075 MHz may be authorized on a primary basis to
non-Federal stations in the Police Radio Service for Stolen Vehicle
Recovery Systems (SVRS) and limits the maximum authorized bandwidth for
SVRS to 20 kHz. This frequency is listed in the Public Safety Pool
Frequency Table and its use is limited to SVRS as prescribed in Sec.
90.20(e)(6) of the Rules. This part 90 rule also states that the SVRS
frequency is available on a shared basis with Federal operations.
LoJack, currently the only SVRS operator on this frequency in the
United States, operates its network in cooperation with federal, state
and local law enforcement agencies in 20 states and the District of
Columbia. A review of our licensing database finds that public safety
licensees are authorized to operate 125 fixed stations as part of the
SVRS network.
33. NTIA's 12.5 kHz plan for the 162-174 MHz band calls for Federal
agencies to be licensed on the adjacent frequencies 173.0625 MHz and
173.0875 MHz. The Commission note that these frequencies are only 12.5
kHz away from the SVRS center frequency, and therefore it is possible
that because new federal entities will be operating much closer in
frequency to the SVRS channel than Federal entities have in the past,
wideband SVRS operations could encounter interference situations that
could prove burdensome to identify and resolve. However, we also note
that there has been significant investment in SVRS by the general
public and that SVRS equipment has been deployed by numerous law
enforcement agencies. Taking these facts into account, the Commission
seeks comment as to whether it would be advisable to establish a
narrowband transition plan for SVRS users at 173.075 MHz. Specifically,
we ask that commenters provide detailed information regarding the
availability of narrowband SVRS equipment. In addition, the Commission
seeks information that would allow us to determine whether we could
craft an effective process that would both preserve the utility of the
LoJack system and account for new Federal entrants in the band. For
example, how readily could narrowband SVRS technology be made available
to operate on the 173.075 MHz frequency? What is the expected life
cycle of existing SVRS equipment? Taking into account the availability
of equipment and the installed base, what is a reasonable transition
plan by which the LoJack network could move to narrowband equipment?
For example, would the January 1, 2018 transition date already adopted
for the Public Safety Radio Pool be appropriate?
34. Because rules for a separate Police Radio Service were removed
when the Commission created the Public Safety Radio Pool, it proposed
to update footnote US312 to account for this fact. We also note that
some Federal frequencies will continue to operate on wideband channels
for the indefinite future. The Commission seeks comment on this matter.
35. Ship and Public Coast (US223) and Wireless Microphones (US300).
Footnote US223 makes a channel available for public coast station use
in limited areas near the Canadian border. Because Ship and Public
Coast operations do not fall under the same rules as PLMR, operations
under footnote US223 do not need to be modified to support NTIA's
narrowbanding timetable, and therefore we propose no changes to these
frequencies as part of this proceeding. Footnote US300 specifies eight
frequencies that are available for wireless microphone operations on a
secondary basis to Federal and non-Federal operations. Because wireless
microphones operate at very low power (50 mW output power), there is a
minimal likelihood that they will cause interference to high-power land
mobile operations. Thus, we propose no changes to the frequencies
allocated for wireless microphones as part of footnote US300.
36. Radio Astronomy Protection (US117). Footnote US117 states that,
in the 406.1-410 MHz band, all new authorizations are limited to a
transmitter output power of 7 watts per kHz of necessary bandwidth and
that new fixed station authorizations near four RAS observatories are
subject to
[[Page 46468]]
prior coordination. NTIA has reviewed footnote US117 and recommends
that it be revised. Specifically, NTIA proposes that footnote US117 be
revised to limit transmitter output power of stations in the fixed and
mobile services operating in the 406.1-410 MHz band to 125 watts and to
update the RAS site coordination information.
37. With regards to stations in the fixed and mobile services that
operate in the 406.1-410 MHz band, the Commission notes that non-
Federal use is currently limited to four Hydro channels (406.125 MHz,
406.175 MHz, 409.675 MHz, and 409.725 MHz). A staff review of our
licensing records found that most of the non-Federal fixed stations
operating on these four Hydro channels have a transmitter output power
of 50 watts or less and that the maximum output power that the
Commission has authorized is 100 watts. Moreover, we note that, in the
proposed Hydro Channel Plan, non-Federal use of the 406.1-410 MHz band
would be limited to two Hydro channels (406.125 MHz and 406.175 MHz).
38. The Commission proposed to revise footnote US117, as requested
by NTIA, in order to promote more effective protection of RAS reception
in the 406.1-410 MHz band. Specifically, in the 406.1-410 MHz band, the
proposed revision of footnote US117 would limit the transmitter output
power of stations in the fixed and mobile services to 125 watts; would
revise the list of RAS sites to include the National Radio Astronomy
Observatory at Socorro, New Mexico and to delete two RAS sites no
longer observing in this band; and would revise the coordination areas
for the Arecibo and Table Mountain Observatories. The Commission
request comment on this proposal.
Initial Regulatory Flexibility Analysis
39. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA),\1\ the Commission has prepared this present Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on a substantial number of small entities by the
policies and rules proposed in this Notice of Proposed Rulemaking
(NPRM). Written public comments are requested on this IRFA and must be
filed by the deadlines for comments on the NPRM. The Commission will
send a copy of the NPRM, including the IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration.\2\
---------------------------------------------------------------------------
\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\ 5 U.S.C. 603(a).
---------------------------------------------------------------------------
A. Need for, and Objectives of, the Proposed Rules
40. In the 150.05-150.8 MHz, 162-174 MHz, and 406.1-420 MHz bands,
the National Telecommunications and Information Administration (NTIA)
is transitioning Federal Government (Federal) operations in the fixed
and land mobile services from wideband (25 kHz) to narrowband (12.5
kHz) channels at a more rapid schedule than the Commission has adopted
for Private Land Mobile Radio (PLMR) operations in these bands. Because
there could be extended periods during which existing PLMR wideband
operations may not be compatible with narrowband Federal operations,
the Commission is proposing to revise its current narrowbanding plan
for these bands to take into account that many PLMR operations in the
above Federal bands are authorized on the condition that they not cause
interference to Federal operations.
41. The Commission's objectives in making the PLMR proposals
contained in this NPRM are to provide for a more orderly transition
from wideband to narrowband operations, increase spectrum efficiency,
maintain compatibility with Federal operations, permit licensees to
operate using existing equipment for the maximum amount of time
possible, and significantly reduce the probability that wideband
operations will interfere with new Federal operations.
B. Legal Basis
42. This action is authorized under sections 1, 4(i), 302, 303(f)
and (r), 332, and 337 of the Communications Act of 1934, as amended, 47
U.S.C. 1, 4(i), 154(i), 302, 303(f) and (r), 332, 337.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rule Will Apply
43. 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.\3\ 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
Section 3 of the Small Business Act, unless the Commission has
developed one or more definitions that are appropriate for its
activities.\4\ Under the Small Business Act, a ``small business
concern'' is one that: (1) is independently owned and operated; (2) is
not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration
(SBA).\5\
---------------------------------------------------------------------------
\3\ Id. at 603(b)(3).
\4\ Id. at 601(3).
\5\ Id. at 632.
---------------------------------------------------------------------------
44. A small organization is generally ``any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.''\6\ Nationwide, as of 1992, there were
approximately 275,801 small organizations.\7\ The definition of ``small
governmental entity'' is one with populations of 1 fewer than
50,000.\8\ There are approximately 85,006 governmental entities in the
nation.\9\ This number includes such entities as states, counties,
cities, utility districts and school districts. There are no figures
available on what portion of this number have populations of fewer than
50,000. However, this number includes 38,978 counties, cities and
towns, and of those, 37,556, or ninety-six percent, have populations of
fewer than 50,000.\10\ The Census Bureau estimates that this ratio is
approximately accurate for all governmental entities. Thus, of the
85,006 governmental entities, we estimate that ninety-six percent, or
about 81,600, are small entities that may be affected by our rules.
---------------------------------------------------------------------------
\6\ Id. at 601(4).
\7\ Department of Commerce, U.S. Bureau of the Census, 1992
Economic Census, Table 6 (special tabulation of data under contract
to Office of Advocacy of the U.S. Small Business Administration).
\8\ 5 U.S.C. 601(5).
\9\ 1992 Census of Governments, U.S. Bureau of the Census, U.S.
Department of Commerce.
\10\ Id.
---------------------------------------------------------------------------
45. PLMR systems serve an essential role in a range of industrial,
business, land transportation, and public safety activities. These
radios are used by companies of all sizes operating in all U.S.
business categories, and are often used in support of the licensee's
primary (non-telecommunications) business operations. For the purpose
of determining whether a licensee of a PLMR system is a small business
as defined by the SBA, we could use the definition for ``Cellular and
Other Wireless Telecommunications.'' This definition provides that a
small entity is any such entity employing no more than 1,500
persons.\11\ The Commission does not require PLMR licensees to disclose
information about number of employees, so the Commission does not
[[Page 46469]]
have information that could be used to determine how many PLMR
licensees constitute small entities under this definition. Moreover,
because PMLR 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, we are
not certain that the Cellular and Other Wireless Telecommunications
category is appropriate for determining how many PLMR licensees are
small entities for this analysis. Rather, it may be more appropriate to
assess PLMR licensees under the standards applied to the particular
industry subsector to which the licensee belongs.\12\
---------------------------------------------------------------------------
\11\ See 13 CFR 121.201, NAICS code 517212.
\12\ See generally 13 CFR 121.201.
---------------------------------------------------------------------------
46. The proposals in this NPRM would affect the following PLMR
licensees: (1) Industrial/Business Pool and state and local government
licensees that are authorized to make hydrological and meteorological
(Hydro) measurements under footnote US13; (2) forest firefighting
agencies, which are primarily state government licensees, and forest
conservation agencies that are authorized under footnote US8; (3)
Public Safety Pool licensees that are authorized under footnote US11;
and (4) hospital, medical centers, nursing homes, etc. that operate
Medical Radiocommunication Systems, which are authorized under footnote
US216. These United States footnotes are fully discussed in the NPRM.
47. Hydro Channel Users. The Commission has authorized 9 licensees
to operate 219 fixed stations on the six channels that would be removed
from the Hydro Channel Plan: (1) one licensee (the State of California)
is authorized to operate 15 fixed stations on the frequency 169.575
MHz; (2) six licensees are authorized to operate 112 fixed stations at
409.675 MHz; (3) three licensees are authorized to operate ten fixed
stations at 409.725 MHz; (4) four licensees are authorized to operate
97 fixed stations at 412.625 MHz; and (5) there are no licensees
authorized to operate on the frequencies 170.375 MHz and 171.975 MHz.
The Commission has issued 1053 licenses (there is at least one station
per license) for the remaining Hydro channels that are being
narrowbanded. We believe that some of the Hydro channel licensees are
small businesses or small governmental entities.
48. Forest Firefighting and Conservation Agencies. The Commission
has authorized 21 licensees to operate 414 fixed stations and 45,630
mobile stations on the nine channels that are available to forest
firefighting agencies; two of these frequencies are also available for
use by conservation agencies. By Commission rule, these frequencies are
reserved primarily for assignment to state licensees. Assignments to
other licensees may be made only where the frequencies are required for
coordinated operation with the state system to which the frequency is
assigned. The 21 licensees consist of 19 states and state agencies, the
County of Los Angeles, and a non-profit organization. This small
organization may be impacted by our proposals.
49. Public Safety Licensees. The Commission has granted 27
licensees authorization to operate wideband equipment on the
frequencies 166.25 MHz and 170.15 MHz. By Commission rule, these
frequencies are to be assigned to stations in the Public Safety Pool
that are at points within 240 kilometers of New York City.
Specifically, the Commission has granted 15 licensees authorization to
operate 1295 mobile stations, 95 pagers, and 30 fixed stations using
the frequency 166.25 MHz. The Commission has granted 12 licensees
authorization to operate 899 mobile stations, 165 pagers, and 22 fixed
stations on the frequency 170.15 MHz. We believe that many of these
public safety licensees are small governmental entities.
50. Medical Radiocommunication Systems. The Commission has issued
499 licenses for the frequency 150.775 MHz and 418 licenses for the
frequency 150.79 MHz. By Commission rule, these 150 MHz channels are
used only by mobile stations. For example, these frequencies may be
used for voice transmissions from a portable (hand-held) unit to an
ambulance. The Commission has issued 520 licenses for the frequency
163.25 MHz. By Commission rule, the frequency 163.25 MHz can be
assigned only for one-way paging. We believe that most of the
hospitals, medical centers, and nursing homes that operate medical
radiocommunication systems are small businesses or small governmental
entities.
51. The Commission seeks comment on this analysis. In providing
such comment, commenters are requested to provide information regarding
how many total and small business entities would be affected.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
52. If adopted, the proposed rules would require that:
PLMR licensees employing wideband channels for Hydro,
forest fire-fighting, conservation, and public safety operations modify
or discontinue operations if, after January 1, 2005, these wideband
operations cause interference to new Federal operations in the 162-174
MHz band, or if, after January 1, 2008, these wideband operations cause
interference to new Federal operations in the 150.05-150.8 MHz and
406.1-420 MHz bands;
Hydro channel licensees operating on the center
frequencies 169.575 MHz, 409.675 MHz, 409.725 MHz, and 412.625 MHz
cease operations not later than January 1, 2013 for Industrial/Business
Pool licensees and not later than January 1, 2018 for Public Safety
Pool licensees;
PLMR applicants requesting authority to operate Hydro,
forest fire-fighting, conservation, public safety, and medical
radiocommunication stations in the 162-174 MHz band use narrowband
channels after January 1, 2005; and that these applicants use
narrowband channels after January 1, 2008 in the 150.05-150.8 MHz and
406-416 MHz bands; and
New Hydro stations that would operate on the center
frequencies 406.125 MHz and 406.175 MHz be limited to a transmitter
output power of 125 watts and required to coordinate with the Radio
Astronomy Observatory at Socorro, New Mexico.
53. If a licensee is required to modify its operations, we believe
that the licensee would either buy new narrowband equipment or that the
licensee would hire a vendor to modify some or all of its wideband
equipment. We are uncertain of the exact costs relating to the
narrowbanding requirements. We request comment on the costs related to
narrowbanding and whether these costs would be borne as part of the
licensee's normal depreciation and replacement cycle. We are especially
interested in comments dealing with whether small entities would be
affected disproportionately.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
54. 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): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design,
[[Page 46470]]
standards; and (4) an exemption from coverage of the rule, or any part
thereof, for small entities.\13\
---------------------------------------------------------------------------
\13\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------
55. So long as incompatibilities are not created with Federal
narrowband operations, we propose to allow incumbent Public Safety Pool
licensees to use existing equipment until January 1, 2018, and to allow
incumbent Industrial/Business Pool licensees to use existing equipment
until January 1, 2013. The Commission proposed that the 14 licensees of
the six Hydro channels being deleted from the Hydro Channel Plan modify
their equipment and station licenses and migrate to a center frequency
listed in the new Hydro Channel Plan on a timetable as advised by the
Hydro Committee and approved by NTIA and the Commission. The Commission
proposed to grandfather indefinitely those incumbent stations that
operate on the frequencies 150.7825 MHz and 150.7975 MHz.
56. The Commission request comment on whether it should exempt
equipment designed for use in these Federal bands from our current 6.25
kHz equipment certification requirement, which is scheduled to commence
on January 1, 2005. The purpose in providing this alternative is to
determine whether such a policy would be beneficial or detrimental to
enabling sharing between PLMR licensees and Federal users.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
57. None.
Ordering Clauses
58. Pursuant to sections 1, 4(i), 7(a), 301, 302(a), 303(f),
303(g), 303(r), 307, 308, 309(j), 316, 332, 334, and 336 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 157(a),
301, 302(a), 303(f), 303(g), 303(r), 307, 308, 309(j), 316, 332, 334,
and 336, the Notice of Proposed Rulemaking is hereby Adopted.
59. The Commission's Consumer Information and Governmental Affairs
Bureau, Reference Information Center, Shall Send a copy of the Notice
of Proposed Rulemaking, including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects in Parts 2 and 90
Radio, Telecommunications.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Proposed Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 2 and 90 as
follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
2. Section 2.106 is amended by revising footnotes US11, US13,
US117, US216, and US312 to read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
United States (US) Footnotes
* * * * *
US11 On the condition that harmful interference is not caused to
present or future Federal Government stations in the band 162-174 MHz,
the frequencies 166.25 MHz and 170.15 MHz may be authorized to non-
Federal Government stations, as follows: (1) eligibles in the Public
Safety Radio Pool may be authorized to operate in the fixed and land
mobile services for locations within 150 miles (241.4 km) of New York
City; and (2) remote pickup broadcast stations may be authorized to
operate in the land mobile service for locations within the continental
United States, excluding Alaska, locations within 150 miles of New York
City, and the Tennessee Valley Authority Area (TVA Area). The TVA Area
is bounded on the west by the Mississippi River, on the north by the
parallel of latitude 37[deg]30' N., and on the east and south by that
arc of the circle with center at Springfield, Illinois, and radius
equal to the airline distance between Springfield, Illinois, and
Montgomery, Alabama, subtended between the foregoing west and north
boundaries.
US13 The following center frequencies, each with a channel
bandwidth not greater than 12.5 kHz, are available for assignment to
non-Federal Government fixed stations for the specific purpose of
transmitting hydrological and meteorological data in cooperation with
Federal agencies, subject to the condition that harmful interference
will not be caused to Federal Government stations:
Hydro Channels (MHz)
------------------------------------------------------------------------
------------------------------------------------------------------------
169.425 170.2625 171.100 406.1250
169.4375 170.275 171.1125 406.1750
169.450 170.2875 171.125 412.6625
169.4625 170.300 171.825 412.6750
169.475 170.3125 171.8375 412.6875
169.4875 170.325 171.850 412.7125
169.500 171.025 171.8625 412.7250
169.5125 171.0375 171.875 412.7375
169.525 171.050 171.8875 412.7625
170.225 171.0625 171.900 412.7750
170.2375 171.075 171.9125 415.1250
170.250 171.0875 171.925 415.1750
------------------------------------------------------------------------
New assignments on the frequencies 406.125 MHz and 406.175 MHz are
to be primarily for paired operations with the frequencies 415.125 MHz
and 415.175 MHz, respectively.
* * * * *
US117 In the band 406.1-410 MHz: (a) Stations in the fixed and
mobile services shall be limited to a transmitter output power of 125
watts; (b) non-Federal Government use shall be limited to the radio
astronomy service and to the fixed service, as provided by footnote
US13; and (c) new authorizations for stations, other than mobile
stations, shall be subject to prior coordination by the applicant in
the following areas:
[[Page 46471]]
1. Arecibo Observatory of the National Astronomy and Ionosphere
Center. Within Puerto Rico and the U.S. Virgin Islands, contact:
Spectrum Manager, Arecibo Observatory, P.O. Box 995, Arecibo, Puerto
Rico 00613, Phone: 787-878-2612, Fax: 787-878-1816.
2. Very Large Array (VLA) of the National Radio Astronomy
Observatory (NRAO). Within a 350 kilometer radius that is centered on
34[deg]04'44'' North Latitude, 107[deg]37'04'' West Longitude, contact:
Spectrum Manager, National Radio Astronomy Observatory, P.O. Box O,
1003 Lopezville Road, Socorro, New Mexico 87801, Phone: 505-835-7000,
Fax: 505-835-7027.
3. Table Mountain Observatory of the Department of Commerce (407-
409 MHz only). Within a 10 kilometer radius that is centered on
40[deg]07'50'' North Latitude, 105[deg]14'40'' West Longitude, contact:
Radio Frequency Coordinator, Department of Commerce, 325 Broadway,
Boulder, Colorado 80303, Phone: 303-497-6548, Fax: 303-497-3384.
* * * * *
US216 The use of the frequencies 150.775 MHz, 150.79 MHz, 152.0075
MHz, and 163.25 MHz, and the bands 462.9375-463.1875 MHz and 467.9375-
468.1875 MHz may be authorized for both Federal and non-Federal
Government Medical Radiocommunication Systems on a primary basis.
* * * * *
US312 The frequency 173.075 MHz may be authorized on a primary
basis to non-Federal Government stations in the Public Safety Radio
Pool, limited to police licensees, for stolen vehicle recovery systems
(SVRS). SVRS may operate with an authorized bandwidth not to exceed 20
kHz.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
3. 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).
4. Section 90.20 is amended by revising entries to the table in
paragraph (c)(3), (d)(47), (d)(48), and (d)(49), by removing and
reserving paragraphs (d)(50), and (d)(51), and by adding paragraphs
(d)(86) and (d)(87) to read as follows:
Sec. 90.20 Public Safety Pool.
* * * * *
(c) * * *
(3) Frequencies.
Public Safety Pool Frequency Table
------------------------------------------------------------------------
Frequency or band Class of station(s) Limitations Coordinator
------------------------------------------------------------------------
* * * * * * *
--------------------
Megahertz
------------------------------------------------------------------------
* * * * * * *
150.775............ Mobile............. 86 PM
150.7825........... do................. 87 PM
150.790............ do................. 86 PM
150.7975........... do................. 87 PM
* * * * * * *
152.0075........... Base............... 13, 30, 86 PM
* * * * * * *
163.250............ do................. 13, 86 PM
166.250............ do................. 47 PF
169-172............ Mobile or 48 ..............
operational fixed.
170.150............ Base or mobile..... 47 PF
170.425............ do................. 9, 49 PO
170.475............ do................. 9, 49 PO
170.575............ do................. 9, 49 PO
171.425............ do................. 9, 49 PO
171.475............ do................. 9, 49 PO
171.575............ do................. 9, 49 PO
172.225............ do................. 9, 49 PO
172.275............ do................. 9, 49 PO
172.375............ do................. 9, 49 PO
* * * * * * *
406-416............ Operational fixed.. 48
* * * * * * *
------------------------------------------------------------------------
(d) * * *
* * * * *
(47) This frequency may be assigned to stations in the Public
Safety Pool in accordance with the provisions of Sec. 90.265.
(48) Frequencies in this band will be assigned only for
transmitting hydrological or meteorological data or for low power
wireless microphones in accordance with the provisions of Sec. 90.265.
(49) This frequency may be assigned only for forest fire-fighting
and conservation activities in accordance with the provisions of Sec.
90.265.
(50) [Reserved]
[[Page 46472]]
(51) [Reserved]
* * * * *
(86) This frequency will be assigned only for Medical
Radiocommunication Systems in accordance with the provisions of Sec.
90.265.
(87) Use of this frequency shall be limited to stations licensed as
of [effective upon publication of the Report and Order in this
proceeding].
5. Section 90.35(b)(3) is amended by removing the entry for ``406-
413'' and adding in its place ``406-416'' to read as follows:
Sec. 90.35 Industrial/Business Pool.
* * * * *
(b) * * *
(3) Frequencies.
Industrial/Business Pool Freqeuncy Table
------------------------------------------------------------------------
Class of
Frequency or band station(s) Limitations Coordinator
------------------------------------------------------------------------
* * * * * * *
Megahertz
* * * * * * *
406-416............... Operational 53
fixed.
* * * * * * *
------------------------------------------------------------------------
6. Section 90.203 is amended by revising paragraph (j) introductory
text, and the first sentence in paragraphs (j)(3), and (j)(5), and by
revising (j)(7) to read as follows:
Sec. 90.203 Certification required.
* * * * *
(j) Except where otherwise specially provided for, transmitters
operating on frequencies in the 150-174 MHz and 406-512 MHz bands must
comply with the following:
* * * * *
(3) Applications for part 90 certification of transmitters designed
to operate on frequencies in the 150-174 MHz and/or 406-512 MHz bands,
received on or after February 14, 1997, must include a certification
that the equipment meets a spectrum efficiency standard of one voice
channel per 12.5 kHz of channel bandwidth. * * *
* * * * *
(5) Applications for part 90 certification of transmitters designed
to operate on frequencies in the 150-174 MHz and/or 406-512 MHz bands,
received on or after January 1, 2005, must include a certification that
the equipment meets a spectrum efficiency standard of one voice channel
per 6.25 kHz of channel bandwidth. * * *
* * * * *
(7) All transmitters that are designed for one-way paging
operations, except those operating on the frequency 163.25 MHz, will be
certified with a 25 kHz channel bandwidth and are exempt from the
spectrum efficiency requirements of paragraphs (j)(3) and (j)(5) of
this section.
* * * * *
7. Section 90.209 is amended by removing the entry ``421-512
2 '', in the table following paragraph (b)(5), and adding in
its place ``406-512 2 '' to read as follows:
Sec. 90.209 Bandwidth limitations.
* * * * *
(b) * * *
(5) * * *
Standard Channel Spacing Bandwidth
------------------------------------------------------------------------
Authorized
Frequency band (MHz) Channel bandwidth
Spacing (kHz) (kHz)
------------------------------------------------------------------------
* * * * * * *
406-512 \2\............................. \1\ 6.25 1 3 20/11.25/6
* * * * * * *
------------------------------------------------------------------------
* * * * *
8. Section 90.217 is amended by adding paragraph (e) to read as
follows:
Sec. 90.217 Exemption from technical standards.
* * * * *
(e) Transmitters used for wireless microphone operations and
operating on frequencies allocated for Federal Government use must
comply with the requirements of Sec. 90.265(b).
9. Section 90.265 is amended by revising the section heading and
paragraph (a) introductory text and the table preceding paragraph
(a)(1) and by adding paragraphs (a)(5) through (a)(9), (c), (d), and
(e) to read as follows:
Sec. 90.265 Assignment and use of frequencies in the bands allocated
to Federal Government use.
(a) The following center frequencies are available for assignment
to fixed stations in the Public Safety Pool or the Industrial/Business
Pool, subject to the provisions of this section:
Hydro Channels (MHz)
------------------------------------------------------------------------
------------------------------------------------------------------------
169.4250 170.2625 171.1000 406.1250
169.4375 170.2750 171.1125 406.1750
169.4500 170.2875 171.1250 412.6625
169.4625 170.3000 171.8250 412.6750
169.4750 170.3125 171.8375 412.6875
[[Page 46473]]
169.4875 170.3250 171.8500 412.7125
169.5000 171.0250 171.8625 412.7250
169.5125 171.0375 171.8750 412.7375
169.5250 171.0500 171.8875 412.7625
170.2250 171.0625 171.9000 412.7750
170.2375 171.0750 171.9125 415.1250
170.2500 171.0875 171.9250 415.1750
------------------------------------------------------------------------
* * * * *
(5) After January 1, 2005 for the 169-172 MHz band and January 1,
2008 for the 406-416 MHz band, channels for new operations are limited
to an authorized bandwidth not to exceed 11.25 kHz. After those dates,
existing systems with an authorized bandwidth of greater than 11.25 kHz
(including those systems that expand existing operations) may continue
to operate with a bandwidth greater than 11.25 kHz until January 1,
2013 (for Business/Industrial Pool licensees), and until January 1,
2018 (for Public Safety Pool licensees). Such operations are limited by
Sec. 90.265(a)(6) and (a)(7).
(6) After January 1, 2005, if a licensee of a channel in the band
169-172 MHz which uses equipment with an authorized bandwidth greater
than 11.25 kHz cannot resolve an interference complaint to the
satisfaction of an impacted Federal agency or is advised to do so by
the Hydro Committee as approved by the FCC, then the licensee must
cease operation on the frequency upon notification by the Commission.
(7) After January 1, 2008, if a licensee of a channel in the band
169-172 MHz which uses equipment with an authorized bandwidth greater
than 11.25 kHz cannot resolve an interference complaint to the
satisfaction of an impacted Federal agency or is advised to do so by
the Hydro Committee as approved by the FCC, then the licensee must
cease operation on the frequency upon notification by the Commission.
(8) After [effective upon publication of the Report and Order in
this proceeding], new assignments on the frequencies 406.125 MHz and
406.175 MHz are to be primarily for paired operations with the
frequencies 415.125 MHz and 415.175 MHz, respectively and limited to an
authorized bandwidth not to exceed 11.25 kHz when paired.
(9) Existing stations may continue to use the center frequencies
169.575 MHz, 409.675 MHz, 409.725 MHz, and 412.625 MHz until January 1,
2013 for Business/Industrial Pool licensees and until January 1, 2018
for Public Safety Pool licensees, subject to the requirements of Sec.
90.265(a)(6) and (a)(7).
* * * * *
(c) The following center frequencies are available for assignment
to licensees engaged in forest fire-fighting and conservation
activities, subject to the provisions of this section:
Forest Fire-Fighting and Conservation Channels (MHz)
------------------------------------------------------------------------
------------------------------------------------------------------------
170.425 171.425 172.225
170.475 171.475 172.275
170.575 171.575 172.375
------------------------------------------------------------------------
(1) These frequencies will be assigned on a secondary basis to any
U.S. Government station.
(2) The frequencies 170.425 MHz, 170.475 MHz, 170.575 MHz, 171.425
MHz, 171.575 MHz, 172.225 MHz, and 172.275 MHz will be assigned only to
licensees directly responsible for the prevention, detection, and
suppression of forest fires.
(3) The frequencies 171.475 MHz and 172.275 MHz will be assigned to
licensees directly responsible for the prevention, detection, and
suppression of forest fires; or to licensees engaged in forest
conservation activities for mobile relay operation only.
(4) The frequencies 170.425 MHz, 170.575 MHz, 171.475 MHz, 172.225
MHz, and 172.375 MHz will be assigned for use only in areas west of the
Mississippi River.
(5) The frequencies 170.475 MHz, 171.425 MHz, 171.575 MHz, and
172.275 MHz will be assigned for use only in areas east of the
Mississippi River.
(6) All applications for use of these frequencies must be
accompanied by a letter of concurrence by the Federal Government,
Department of Agriculture.
(7) After January 1, 2005, channels for new operations are limited
to an authorized bandwidth not to exceed 11.25 kHz. Between January 1,
2005, and January 1, 2018, existing systems with an authorized
bandwidth of greater than 11.25 kHz (including those systems that
expand existing operations) may continue to operate with a bandwidth
greater than 11.25 kHz, subject to the limitations set forth in Sec.
90.265(c)(8).
(8) After January 1, 2005, if a licensee that uses equipment with
an authorized bandwidth greater than 11.25 kHz cannot resolve an
interference complaint from an impacted Federal agency, then the
licensee must cease operation on the frequency upon notification by the
Commission.
(d) The frequencies 166.250 MHz and 170.150 MHz are available for
assignment to licensees engaged in public safety activities, subject to
the provisions of this section:
(1) These frequencies are available for assignment to stations in
the Public Safety Pool, only at points within 241.4 km. (150 mi.) of
New York, N.Y.;
(2) Operations on these channels is on a secondary basis to any
Federal Government station; and
(3) After January 1, 2005, if a licensee that uses equipment with
an authorized bandwidth greater than 11.25 kHz cannot resolve an
interference complaint from an impacted Federal agency, then the
licensee must cease operation on the frequency upon notification by the
Commission.
(4) After January 1, 2005, channels for new operations are limited
to an authorized bandwidth not to exceed 11.25 kHz. Between January 1,
2005, and January 1, 2018, existing systems with an authorized
bandwidth of greater than 11.25 kHz (including those systems that
expand existing operations) may continue to operate with a bandwidth
greater than 11.25 kHz, subject to the limitations set forth in Sec.
90.265(d)(3).
(e) The following frequencies are available for use by Medical
Radiocommunication Systems:
(1) The frequencies 150.775 MHz, 150.790 MHz, and 163.250 MHz,
subject to following provisions:
(i) After [effective upon publication of the Report and Order in
this proceeding], new assignments for these frequencies shall be
authorized only for Medical Radiocommunication Systems.
(ii) After January 1, 2005, new operations on the frequency 163.25
MHz are limited to an authorized bandwidth not to exceed 11.25 kHz.
(iii) After January 1, 2008, new operations on the frequencies
150.775 MHz and 150.790 MHz are limited to an authorized bandwidth not
to exceed 11.25 kHz.
[[Page 46474]]
(iv) Existing systems with an authorized bandwidth of greater than
11.25 kHz (including those systems that expand existing operations) may
continue to operate on a primary basis with a bandwidth greater than
11.25 kHz until January 1, 2018. After January 1, 2018, stations that
use the frequencies 150.775 MHz, 150.790 MHz, or 163.25 MHz shall be
limited to an authorized bandwidth not to exceed 11.25 kHz.
(2) The frequency 152.0075 MHz and frequencies within the bands
462.9375-463.1875 MHz and 467.9375 MHz-468.1875 MHz, subject to the
limitations specified in Sec. 90.20 of this chapter.
[FR Doc. 04-17074 Filed 8-2-04; 8:45 am]
BILLING CODE 6712-01-P