[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Proposed Rules]
[Pages 49401-49405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13743]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 06-142; FCC 06-107]
Private Land Mobile Services; Stolen Vehicle Recovery Systems
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document addresses a petition for rulemaking filed by
LoJack Corporation (LoJack) on October 25, 2004. We initiate this
rulemaking proceeding to seek comment on potential rule changes that
could enhance Stolen Vehicle Recovery Systems (SVRS) operations.
Specifically, we seek comment on proposed rules to permit increased
mobile output power, the use of digital emissions, and to relax the
limitations on duty cycles. We also seek comment on authorizing mobile
transceivers by rule and the merits of broadening the scope to permit
the use of frequency 173.075 MHz for operations other than SVRS. The
purpose of this document is to develop a record in the rulemaking
proceeding that will be utilized to determine what, if any, rule
changes would serve the public interest.
DATES: Submit comments on or before September 22, 2006 and reply
comments are due October 10, 2006.
ADDRESSES: You may submit comments, identified by WT Docket No. 06-142;
FCC 06-107, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: [email protected] or phone 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Rodney Conway, [email protected],
Public Safety and Critical Infrastructure Division, Wireless
Telecommunications Bureau, (202) 418-2904, TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Notice of Proposed Rulemaking (NPRM), WT
Docket No. 06-142, FCC 06-107, adopted July 19, 2006, and released July
24, 2006. 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., Room CY-A257, Washington, DC 20554. The complete
text may be purchased from the Commission's duplicating contractor,
Best Copy and Printing, Inc., Portals II, 445 12th Street, Suite CY-
B402, Washington, DC 20554. Alternative formats are available for
people with disabilities (Braille, large print, electronic files, audio
format), by sending an e-mail to [email protected] or calling the Consumer
and Government Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
1. LoJack seeks amendment of section 90.20(e)(6) of the rules in
order to modify the technical requirements of SVRS operations and
broaden the scope of services offered on frequency 173.075 MHz. LoJack
submits that many of its requested rule changes are necessary due to
the transition of the SVRS frequency (173.075 MHz) from wideband to
narrowband operations.
2. Maximum Base Station ERP and VLU Output Power. LoJack is seeking
increases in the permissible base station ERP from 300 watts to 500
watts, and output power for mobile transceivers from 2.5 watts to 5
watts. It indicates that the increases are needed because the required
reduction in the bandwidth of the 173.075 MHz frequency will reduce the
range of both the base station and the mobile transceiver (i.e., VLU).
3. Accordingly, we request comments that offer definitive technical
justification for the requested increase in base station ERP. Such
technical justification must show the degree, if any, that narrowband
operation would degrade the performance of LoJack's system and the
calculations underlying the degradation assessment. In addition,
commenting parties supporting an increase in base station power will
need to explain how such an increase would not unreasonably increase
the potential for the base stations to interfere with television
Channel 7 analog and digital reception. However, given the lower
[[Page 49402]]
potential for VLUs to cause interference to TV Channel 7 reception, we
seek comment on increasing the maximum VLU power limit from 2.5 watts
to 5 watts.
4. Use of Digitally Modulated Emissions. LoJack seeks to eliminate
the limitation on emissions allowed on the SVRS frequency, so that it
can use either analog or digital emissions, as appropriate, in order to
take advantage of technological developments that have occurred since
the LoJack system was first implemented.
5. We encourage parties to express their views on the use of
additional emission designators on the SVRS frequency in their comments
in response to this NPRM. In particular, commenters should address
whether it would be more appropriate to add specific emission
designators to the rule, or to simply eliminate any restriction on
permissible emission designators.
6. Limitations on Duty Cycles. LoJack seeks to eliminate all
limitations on SVRS duty cycles currently contained in the Commission's
rules. LoJack acknowledges, the Commission decided in 2002 not to grant
a similar request to eliminate the duty cycle restrictions, based
primarily on a concern over potential interference to TV Channel 7
reception and a perceived need to keep the band accessible to Federal
Government users. Therefore, we seek comment on whether the complete
elimination of the duty cycle restrictions contained in the
Commission's Rules is appropriate under the circumstances presented.
7. We nonetheless believe that some form of relief from the duty
cycle restrictions for base station and VLUs is needed in order to help
offset system performance difficulties when Lojack operates in a dual
wideband and narrowband mode pending its complete transition to a
narrowband operation. A potential bottleneck for operation of LoJack's
SVRS systems during the transition period appears to be in the
operation of the base stations. During that transition period, both
narrowband and wideband SVRS systems will be operated from the same
base stations. Accordingly, the base stations will be expected to
handle twice the volume of transmissions of a single system. Hence,
there is a need to increase the amount of time that the base stations
may operate. In lieu of eliminating the duty cycle restrictions
entirely, we propose to increase the duty cycle for SVRS base stations
from one second for every minute, to five seconds for every minute.
This would represent a 500 percent increase in the amount of time
during which the SVRS base stations may operate. This five-fold
increase in the duty cycle for base stations would provide
significantly more time during which those stations may operate and,
thus, should provide ample flexibility to accommodate operation of both
narrowband and wideband SVRS systems without degrading the existing
SVRS operations. We also propose to retain the five-second restriction
for base stations after the transition period to narrowband operation
is complete. We seek comment on our proposal to increase the base
station duty cycle. We particularly seek comment with respect to the
effect of an increased duty cycle on TV Channel 7 reception.
8. In addition, we propose to increase the duty cycle for
narrowband VLUs from 200 milliseconds for every ten seconds to 400
milliseconds for every ten seconds. Correspondingly, we propose to
increase the duty cycle for narrowbanded mobile transceivers that are
being tracked actively from 200 milliseconds for every second to 400
milliseconds for every second. We believe this supplementary duty cycle
for the mobile transceivers will improve the reliability of the SVRS
system consistent with avoidance of interference to TV Channel 7
reception. We seek comment on the appropriateness of relaxing the duty
cycle limits for mobile units.
9. Channel 7 Interference Studies. LoJack also requests that we
eliminate the requirement for TV Channel 7 interference studies. LoJack
argues that the studies are technically and financially onerous, with
no demonstrable benefit. To support this request, LoJack asserts that
during the twenty years that it has been required to conduct the
studies, there have been no complaints of interference and no findings
of perceptible interference to viewers of TV Channel 7. LoJack believes
that, given the absence of predicted or reported interference, the
requirement for TV Channel 7 interference studies should be eliminated.
10. The Commission adopted the TV Channel 7 study requirement to
minimize the potential for SVRS operations to cause interference to the
reception of over-the-air TV Channel 7 transmissions. Careful planning
is required for the location of SVRS base stations in order to avoid
their placement in locations where interference problems are likely to
occur. This study requirement provides a means to identify specific
locations where interference to over-the-air TV Channel 7 broadcasts is
likely to occur from the operation of SVRS base stations. Given that
the Commission has repeatedly said that the TV Channel 7 interference
study requirement is an important part of ``our overall strategy to
avoid the occurrence of harmful interference,'' it does not appear that
LoJack has submitted sufficient information that would justify the
removal of the requirement. We invite comment on whether the TV Channel
7 study requirement should be eliminated, and on alternative measures
that could be adopted to accomplish the same purpose.
11. Licensing Mobile Transceivers by Rule. SVRS operations have
been of significant, but necessarily limited, benefit to the public
because economic factors have precluded installation of a network of
base stations that would provide ubiquitous SVRS coverage nationwide.
LoJack proposes to leverage cellular technology to activate VLUs in an
effort to overcome this limitation. Employing existing cellular
infrastructure could make it possible for law enforcement authorities
equipped with vehicle tracking units (VTUs) to activate, track, and
deactivate VLUs in stolen vehicles in areas where there are no police
base station licensees. Thus, LoJack requests that SVRS VLUs be
``licensed by rule'' in order to permit nationwide activation by mobile
telephony transmissions. While we believe it is possible that SVRS
operations could eventually be provided on a nationwide basis without
modification of our current licensing approach, it may be more
expeditious and efficient to permit hybrid licensing of SVRS systems by
rule.
12. SVRS mobile units are currently authorized under the base
station license. In other words, the base station licensee must obtain
all required authorizations, including those necessary to operate
mobiles on the system. However, we recognize that there is precedent
for authorizing radio operation by rule instead of by individual
licensing.
13. We invite comment on whether the public interest would be
served by licensing SVRS VLUs by rule. Here, licensing SVRS mobile
transceivers by rule seems practicable because it would permit rapid
deployment of a system that could offer truly nationwide coverage by
allowing the activation and deactivation of the units via the existing
cellular telephone infrastructure. This would appear to greatly lessen
the need to construct additional base stations to increase the coverage
area of existing SVRS systems. We also note that the Commission
previously adopted licensing by rule in the context of Radio Control
Service, the operation of which
[[Page 49403]]
is similar SVRS, in that both involve transmitting non-voice
communications over short distances. Would licensing mobile units by
rule minimize regulatory burdens on both licensees and the Commission
and, thus, facilitate deployment of SVRS operations? What need, if any,
would be served by continuing to license SVRS mobiles under base
station authorizations? Interested parties also should address whether
a VLU notification or registration procedure would serve a useful
administrative purpose. Is such a procedure needed to provide a
reliable indication of channel occupancy, or should the Commission
utilize other regulatory approaches for spectrum management purposes
(e.g., equipment certification and/or operating rules)? Would some
other method be preferable over notifying the Commission directly of
VLU usage?
14. We also believe that compliance and related issues should be
considered. Under our current rules, the base station licensee,
normally the police department, ultimately is responsible for the
proper operation of the SVRS system: the base stations, VTUs, and VLUs.
Under an authorization-by-rule scheme, who will be responsible for
ensuring compliant conduct of the mobile operations? Where there is no
individual licensing, how will the Commission enforce its rules if a
user of an SVRS mobile unit violates our regulations, as in the case of
a malfunctioning mobile unit that causes interference? As noted above,
SVRS licensees operate on a co-primary basis with Federal Government
operations. Consequently, base stations must be coordinated with the
Federal Government prior to licensing. Because the Federal Government
is thus aware of what geographic areas will have SVRS operations on
frequency 173.075 MHz, Federal Government users can plan their
operations so as not to cause interference to, or incur interference
from, SVRS transmissions. We do not propose to change our processes
regarding coordination of base stations. If, however, VLUs can operate
in areas without base stations under a licensing-by-rule scheme, such
coordination is impracticable, and it is not clear how Federal
Government users could avoid causing or incurring interference on this
shared frequency. It therefore may be appropriate for licensed-by-rule
operations to be authorized on a secondary basis to Federal Government
operations. It also may be appropriate to license by rule only
narrowband VLUs, in order to reduce the potential for such
interference. We invite comment on all of these issues.
15. The Scope of Section 90.20(e)(6) Operations. Part 90 use of
frequency 173.075 MHz is limited to the recovery of stolen vehicles;
``general tracking and monitoring'' has always been prohibited. LoJack
seeks to permit additional services related to public safety, health
and welfare, and national security, such as: (1) Tracking stolen
articles, such as cargo containers, automated teller machines, or
hazardous material; (2) addressing user emergencies by providing
automatic collision notification, medical emergency or vehicle fire
notification, and carjacking alerts; (3) tracking missing or wanted
persons; (4) locating people at risk (such as Alzheimer's patients or
autistic children), or of interest to law enforcement officials (such
as sex offenders, parolees, and individuals under house detention if
established boundaries are violated); and (5) location on demand
services authorized by public safety agencies.
16. We note LoJack's argument that expanding the permissible use of
frequency 173.075 MHz beyond the recovery of stolen vehicles could
serve the public interest. A principal purpose of Sec. 90.20(e)(6) of
the Commission's rules is to aid law enforcement, and it appears that
SVRS operations can be put to additional uses in furtherance of that
goal. We are concerned, however, by the breadth and vagueness of
LoJack's proposed expansion of uses, as overuse of the frequency could
result in spectrum congestion and interference to Federal Government
operations sharing the frequency, as well as to television Channel 7
analog and digital reception. We seek comment on what particular
additional uses of frequency 173.075 MHz should be authorized.
Commenters should explain how such purposes aid law enforcement, and
why such proposes cannot or should not be served via other means.
I. Procedural Matters
A. Ex Parte Rules--Permit-but-Disclose Proceeding
17. This is a permit-but-disclose notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed as provided in the
Commission's Rules.
B. Comment Dates
18. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, interested parties may file comments on or before September 22,
2006, and reply comments are due October 10, 2006.
19. Commenters may file comments electronically using the
Commission's Electronic Comment Filing System (ECFS), the Federal
Government's eRulemaking Portal, or by filing paper copies. Commenters
filing through the ECFS can be sent as an electronic file via the
Internet to http://www.fcc.gov/e-file/ecfs.html. If multiple docket or
rulemaking numbers appear in the caption of this proceeding, filers
must transmit one electronic copy for 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. Commenters 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
[email protected], and should include the following words in the body of the
message, ``get form.'' Commenters will receive a sample form and
directions in reply. Commenters filing through the Federal eRulemaking
Portal http://www.regulations.gov, should follow the instructions
provided on the Web site for submitting comments.
20. Commenters who chose to file paper comments must file an
original and four copies of each comment. If more than one docket or
rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number. All filings must be sent to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission,
445 12th Street, SW., Room TW-A325, Washington, DC 20554.
21. Commenters may send filings by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. The Commission's contractor 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.
Commenters must bind all hand deliveries together with rubber bands or
fasteners and must dispose of any envelopes before entering the
building. This facility is the only location where the Commission's
Secretary will accept hand-delivered or messenger-delivered paper
filings. Commenters must send commercial overnight mail (other than
U.S. Postal Service Express Mail and Priority Mail) to 9300 East
Hampton Drive, Capitol Heights, MD 20743.
[[Page 49404]]
Commenters should address U.S. Postal Service first-class mail, Express
Mail, and Priority Mail to 445 12th Street, SW., Washington, DC 20554.
22. Interested parties may view documents filed in this proceeding
on the Commission's Electronic Comment Filing System (ECFS) using the
following steps: (1) Access ECFS at http://www.fcc.gov/cgb/ecfs. (2) In
the introductory screen, click on ``Search for Filed Comments.'' (3) In
the ``Proceeding'' box, enter the numerals in the docket number. (4)
Click on the box marked ``Retrieve Document List''. A link to each
document is provided in the document list. Filings and comments are
also available for public inspection and copying during regular
business hours at the FCC Reference Information Center, 445 12th
Street, SW., Room CY-A257, Washington, DC 20554. Filings and comments
also may be purchased from the Commission's duplicating contractor,
Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room
CY-B402, Washington, DC 20554, telephone 1-800-378-3160, or via e-mail
http://www.bcpiweb.com.
C. Paperwork Reduction Act
23. This document does not contain proposed information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13. In addition, therefore, it does not contain any proposed
information collection burden ``for small business concerns with fewer
than 25 employees,'' pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
II. Initial Regulatory Flexibility Analysis
24. As required by the Regulatory Flexibility Act (RFA), the
Commission has prepared this present Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on small
entities by the policies and rules proposed in the Notice of Proposed
Rulemaking. Written public comments are requested on this IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadlines for comments on the Notice of Proposed Rulemaking
provided in the item. The Commission will send a copy of the Notice of
Proposed Rulemaking, including this IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration. In addition, the Notice
of Proposed Rulemaking and IRFA (or summaries thereof) will be
published in the Federal Register.
Need for, and Objectives of, the Proposed Rules
25. The purpose of the NPRM is to determine whether it would be in
the public interest, convenience and necessity to amend our rules
governing the use of frequency 173.075 MHz for stolen vehicle recovery
systems (SVRS). In the NPRM, we propose revising Sec. 90.20(e)(6) of
the Commission's rules to permit increased mobile power, analog and
digital emissions, in addition to the F1D and F2D modulation schemes
already permitted by the Commission, and relaxing the limitations on
duty cycles. We also propose authorizing mobile transceivers by rule
rather than by the current practice of licensing mobiles with
individual base station authorizations. Finally, we inquire into the
merits of broadening the scope of Sec. 90.20(e)(6) to permit the use
of frequency 173.075 MHz for other than SVRS operations. These rule
changes could enhance SVRS operations, assist SVRS facilities in their
migration to narrowband technology, and aid in the expeditious and
efficient implementation of SVRS operations, thus serving the public
interest.
Legal Basis
26. Authority for issuance of this NPRM is contained in sections
4(i), 303(r), and 332(a)(2) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303(r), 332(a)(2).
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
27. 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. Under the RFA, small
entities may include small organizations, small businesses, and small
governmental jurisdictions. The RFA generally defines ``small
business'' as having the same meaning as ``small business concern''
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). A small organization is
generally ``any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field.''
28. Nationwide, as of 1992, there were approximately 275,801 small
organizations. ``Small governmental jurisdiction'' generally means
``governments of cities, counties, towns, townships, villages, school
districts, or special districts, with a population of less than
50,000.'' As of 1992, there were approximately 85,006 such
jurisdictions in the United States. This number includes 38,978
counties, cities, and towns; of these, 37,566, or ninety-six percent,
have populations of fewer than 50,000. The Census Bureau estimates that
this ratio is approximately accurate for all governmental entities.
Thus, of the 85,006 governmental entities, we estimate that 81,600
(ninety-one percent) are small entities.
29. The proposed rule amendments may affect users of Public Safety
Radio Pool services and private radio licensees that are regulated
under part 90 of the Commission's rules, and Federal Governmental
entities. The proposals may also provide marketing opportunities for
radio manufacturers, some of which may be small businesses. Beyond this
we are unable to quantify the potential effects on small entities. We,
therefore, invite specific comments on this point by interested
parties.
Public Safety Radio Services and Governmental entities
30. As a general matter, Public Safety Radio Services include
police, fire, local government, forestry conservation, highway
maintenance, and emergency medical services. Neither the Commission nor
the SBA has developed a definition of small businesses directed
specifically toward public service licensees. Therefore, the applicable
definition of small business is the definition under the SBA rules
applicable to Cellular and other Wireless Telecommunications. This
provides that a small business is a radiotelephone company employing no
more than 1,500 persons. According to the Bureau of the Census, only
twelve radiotelephone firms from a total of 1,178 such firms that
operated during 1992 had 1,000 or more employees. Therefore, even if
all twelve of these firms were public safety licensees, nearly all
would be small businesses under the SBA's definition, if independently
owned and operated.
Equipment Manufacturers
31. We anticipate that at least six radio equipment manufacturers
could be affected by our decision in this proceeding. According to the
SBA's regulations, a radio and television broadcasting and wireless
communications equipment manufacturing businesses must have 750 or
fewer employees in order to qualify as a small business concern.
[[Page 49405]]
Census Bureau data indicate that there are 858 U.S. firms that
manufacture radio and television broadcasting and communications
equipment, and that 778 of these firms have fewer than 750 employees
and would therefore be classified as small entities. We do not have
information that indicates how many of the six radio equipment
manufacturers associated with this proceeding are among these 778
firms. Motorola, however, is a major, nationwide radio equipment
manufacturer, and thus, we conclude that it would not qualify as a
small business.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
32. The NPRM neither proposes nor anticipates any additional
reporting, recordkeeping or other compliance measures.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
33. 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, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
34. The NPRM solicits comment on various proposals set forth
herein. For example, the Commission seeks comment on its proposal to
authorize use of frequency 173.075 MHz by rule rather than by
individual licensing. These proposals are made to reduce the regulatory
burden for SVRS licensees, most of whom are small police entities.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
35. None.
III. Ordering Clauses
36. Pursuant to sections 4(i), 303(f) and (r), and 332 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(f),
303(r), 332, this Notice of Proposed Rulemaking is adopted.
37. It is further ordered that the Commission's Consumer and
Government 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 47 CFR Part 90
Communications equipment, Radio.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 90 as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
1. 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).
2. Section 90.20 is amended by revising paragraph (e)(6) to read as
follows:
Sec. 90.20 Public Safety Pool.
* * * * *
(e) * * *
(6) The frequency 173.075 MHz is available for stolen vehicle
recovery systems on a shared basis with the Federal Government.
(i) Base station transmitters are limited to 300 watts ERP,
regardless of the maximum authorized bandwidth.
(ii) Mobile transmitters operating on this frequency with emissions
authorized in a maximum bandwidth of 12.5 kHz are limited to 5.0 watts
power output. Mobile transmitters operating on this frequency with
emissions authorized in a maximum bandwidth of 20 kHz are limited to
2.5 watts power output.
(iii) Any modulation scheme may be used.
(iv) Transmissions from mobiles authorized to operate with a
maximum bandwidth of 20 kHz shall be limited to 200 milliseconds for
every 10 seconds, except when a vehicle is being tracked actively
transmissions are limited to 200 milliseconds for every second;
transmissions for mobiles authorized to operate with a maximum
bandwidth of 12.5 kHz shall be limited to 400 milliseconds for every 10
seconds, except when a vehicle is being tracked actively transmissions
are limited to 400 milliseconds for every second. Alternatively,
transmissions from mobiles regardless of their maximum emission
bandwidth shall be limited to 1800 milliseconds for every 300 seconds
with a maximum of six such messages in any 30 minute period.
(v) Transmissions from base stations shall be limited to a total
rate of five seconds every minute regardless of the maximum authorized
bandwidth.
(vi) Applications for base stations operating on this frequency
shall require coordination with the Federal Government. Applicants
shall perform an analysis for each base station that is located within
169 km (105 miles) of a TV Channel 7 transmitter of potential
interference to TV Channel 7 viewers. Such base stations will be
authorized if the applicant has limited the interference contour to
include fewer than 100 residences or if the applicant:
(A) Shows that the proposed site is the only suitable location
(which, at the application stage, requires a showing that the proposed
site is especially well-suited to provide the proposed service);
(B) Develops a plan to control any interference caused to TV
reception from operations; and
(C) Agrees to make such adjustments in the TV receivers affected as
may be necessary to eliminate interference caused by its operations.
The licensee must eliminate any interference caused by its operation to
TV Channel 7 reception within 30 days after notification in writing by
the Commission. If this interference is not removed within this 30-day
period, operation of the base station must be discontinued. The
licensee is expected to help resolve all complaints of interference.
* * * * *
[FR Doc. E6-13743 Filed 8-22-06; 8:45 am]
BILLING CODE 6712-01-P