[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Proposed Rules]
[Pages 23816-23822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11907]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WP Docket No. 07-100; FCC 09-29]
Private Land Mobile Radio Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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[[Page 23817]]
SUMMARY: This document proposes revisions to the Commission's rules and
policies regarding public safety operations in the private land mobile
radio services. In the Further Notice of Proposed Rulemaking portion of
this document the Commission proposes to reinstate an exemption for 4.9
GHz band applications from coordination via a certified frequency
coordinator. Notwithstanding this proposal, the Commission also
proposes a licensee-to-licensee coordination requirement for primary
permanent fixed stations operating in the 4.9 GHz band. The remaining
proposals consist of corrections and clarifications of frequency
tables. The Commission makes first proposal because the Commission
tentatively concludes that the exemption was deleted by inadvertent
omission. The Commission makes the second proposal because it is
concerned that the existing coordination rules may not protect primary
permanent fixed stations from interference. The Commission proposes the
frequency table corrections to fix various errors. The intended effects
are to relieve 4.9 GHz band applicants from the cost of certified
frequency coordination; ensure sufficient interference protection of
4.9 GHz band permanent fixed primary stations; and eliminate
uncertainty regarding the licensing of particular public safety
frequencies.
DATES: Comments are due July 20, 2009. Reply comments are due August
19, 2009.
ADDRESSES: You may submit comments, identified by WP Docket No. 07-100,
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: Thomas Eng, Policy Division, Public
Safety and Homeland Bureau, Federal Communications Commission,
Washington, DC 20554, at (202) 418-0019, TTY (202) 418-7233, via e-mail
at [email protected], or via U.S. Mail at Federal Communications
Commission, Public Safety and Homeland Security Bureau, 445 12th
Street, SW., Washington, DC 20554.
SUPPLEMENTARY INFORMATION: This is a summary of the Further Notice of
Proposed Rulemaking portion of the Commission's Report and Order and
Further Notice of Proposed Rulemaking in WP Docket No. 07-100, adopted
on April 7, 2009, and released on April 9, 2009. The complete text of
this document is available for inspection and copying during normal
business hours in the FCC Reference Information Center, Portals II, 445
12th Street, SW., Room CY-A257, Washington, DC 20554. This document may
also be purchased from the Commission's duplicating contractor, Best
Copy and Printing, Inc., in person at 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, via telephone at (202) 488-5300, via
facsimile at (202) 488-5563, or via e-mail at [email protected].
Alternative formats (computer diskette, large print, audio cassette,
and Braille) are available to persons with disabilities or by sending
an e-mail to [email protected] or calling the Consumer and Governmental
Affairs Bureau at (202) 418-0530, TTY (202) 418-0432. This document is
also available on the Commission's Web site at http://www.fcc.gov.
The major proposals in the Further Notice of Proposed Rulemaking
are as follows:
Reinstate into Sec. 90.175 an exemption for 4.9 GHz band
applications from coordination via a certified frequency coordinator.
Impose a more formal licensee-to-licensee coordination
requirement on primary fixed links in the 4.9 GHz band.
Correct and clarify the 4.9 GHz band plan:
Amend Sec. 90.1213 by correcting the channel number 14
bandwidth from five megahertz to one megahertz.
Amend the table in Sec. 90.1213 to list all the center
frequencies that should be used for every possible channel aggregation
permitted in the rules.
Make three corrections to Sec. 90.20 of the Commission's
rules relating to the Public Safety Pool Frequency Table and associated
limitations:
Amend the Sec. 90.20(d)(66)(i) table of frequency pairs
by correcting the mobile-only frequency for Channel MED-4 from 463.075
MHz to 468.075 MHz.
Amend Sec. 90.20(c)(3) by replacing limitation 38 with
limitation 10 on nine frequencies.
Amend Sec. 90.20(c)(3) by replacing the text in the
limitation column ``O='xl'>72'' with the numeral ``72.''
4.9 GHz General Exemption From Certified Frequency Coordination
We take this opportunity to address an apparent inadvertent
omission of a Commission rule that provided an exemption to 4.9 GHz
band applicants from certified frequency coordination. By this Further
Notice of Proposed Rulemaking, we seek comment on reinstating the
omitted language into the Commission's part 90 rules. When the
Commission originally crafted the 4.9 GHz rules, it did not require
frequency coordinators to certify applications because ``all
frequencies will be shared among licensees, and adjacent and co-located
licensees are required to cooperate and coordinate in use of the
spectrum.'' Accordingly, the Commission codified a frequency
coordination exemption for applications for frequencies in the 4940-
4990 MHz band (4.9 GHz exemption). The 4.9 GHz exemption appeared in
the Federal Register entry for the 4.9 GHz Third Report and Order, 68
FR 38635, June 30, 2003, as well as the 2003 and 2004 editions of the
Commission's rules on Sec. 90.175(j). However, in 2005 and subsequent
editions of the Code of Federal Regulations, the exemption for 4.9 GHz
applications was omitted.
The omission of the 4.9 GHz exemption appears to have occurred
inadvertently as a result of a rulemaking in 2004. On February 10,
2004, the Commission released a 5.9 GHz Report and Order, 69 FR 46438,
August 3, 2004, to revise, inter alia, Sec. 90.175(j) ``by adding a
new subparagraph (17)'' to exempt from frequency coordination
``applications for DSRCS [Dedicated Short-Range Communications Service]
licensees (as well as registrations for Roadside Units) in the 5850-
5925 GHz band'' (DSRCS exemption). However, the 2003 Code of Federal
Regulations, which was in effect at the time the 5.9 GHz Report and
Order was released, already contained seventeen exemptions in Sec.
90.175(j). Because the 5.9 GHz Report and Order stated that it was
adding a new subparagraph, we tentatively conclude that the Commission
did not intend to delete the 4.9 GHz exemption, then listed as Sec.
90.175(j)(17). We base this tentative conclusion on the lack of any
corresponding discussion in the 5.9 GHz Report and Order relating to
such a deletion, or any evidence of such an intention in subsequent
proceedings. On July 1, 2004, as the result of an unrelated rulemaking,
Sec. 90.175 was further revised by removing subparagraph (j)(13) and
redesignating subparagraphs (j)(14) through (17) as (j)(13) through
(16). On August 3, 2004,
[[Page 23818]]
the Federal Register entry for the 5.9 GHz Report and Order was
published, 69 FR 46438, August 3, 2004, which overwrote the existing
4.9 GHz exemption in Sec. 90.175(j)(16) with the DSRCS exemption
rather than adding a new subparagraph as intended in the 5.9 GHz Report
and Order. Subsequently, the omission of the 4.9 GHz exemption was
perpetuated through other rulemakings, such as the Commission's
Biennial Regulatory Review in 2005. Because there is no evidence that
the Commission intended to impose a requirement for certified frequency
coordination on applicants in the 4.9 GHz band, we believe that the
subparagraph numbering in the 5.9 GHz Report and Order and the
subsequent overwriting of the 4.9 GHz exemption were ministerial errors
that contributed to the omission.
We find that reinstating the 4.9 GHz exemption would relieve
applicants from burdens and fees associated with obtaining certified
frequency coordination and would satisfy the Commission's original
intent to encourage licensees to cooperate and coordinate with each
other in use of the spectrum. In this regard, we tentatively conclude
that correcting the error would serve the public interest. However, the
omission has been in effect for a substantial period of time, and some
entities may be operating under the assumption that formal coordination
from a certified frequency coordinator is required for 4.9 GHz
applications. We tentatively conclude that correcting the error by
restoring the 4.9 GHz exemption would eliminate such uncertainty.
Therefore, we seek comment on our tentative conclusion to amend Sec.
90.175(j) to restore the exemption for applications for frequencies in
the 4940-4990 MHz band from certified frequency coordination
requirements. Notwithstanding this tentative conclusion, we propose a
separate, more formal licensee-to-licensee coordination requirement for
applications seeking authorization for primary permanent fixed
stations, as discussed below.
Coordination for 4.9 GHz Primary Permanent Fixed Stations
As discussed in the Report and Order, we accord primary status to
certain permanent fixed point-to-point and point-to-multipoint
stations. We are also licensing all permanent fixed point-to-point and
point-to-multipoint stations on an individual, site-by-site basis. As
we seek to make clear in the previous proposal, 4.9 GHz licensees are
not subject to a formal frequency coordination requirement via
certified frequency coordinators. Section 90.1209(b) addresses
coordination matters by requiring that ``[a]ll licensees shall
cooperate in the selection and use of channels in order to reduce
interference and make the most effective use of the authorized
facilities.'' We are concerned that the current rule language in Sec.
90.1209(b) may not ensure that applicants for primary permanent fixed
stations offer sufficient protection to other primary permanent fixed
stations and other co-primary users. Without a specific coordination
procedure in place, interference issues may arise between co-primary
permanent fixed stations or other co-primary users of the band. We thus
believe that additional measures are required to minimize the potential
for interference.
Section 101.103(d) presently establishes a prior coordination
process that we believe would also serve the application process for
primary fixed 4.9 GHz stations. Section 101.103(d) provides that
proposed frequency usage of fixed microwave stations must be prior
coordinated with existing licensees, permittees, and applicants in the
area. The coordination involves two separate elements: notification and
response. To be acceptable for filing, all applications and major
technical amendments must certify that coordination, including
response, has been completed. The notification must specify the names
of the licensees, permittees, and applicants with which coordination
was accomplished. The notification must include relevant technical
details of the proposal. Once notification is provided, affected
parties have thirty days to respond. Accordingly, we propose to modify
Sec. 90.1209(b) to require applicants for primary fixed stations
providing point-to-point and point-to-multipoint communications to
successfully complete the prior coordination procedures of Sec.
101.103(d). We seek comment on this proposal. Additionally, we invite
commenters to suggest any alternative measures that would serve the
purpose of our proposal.
4.9 GHz Band Plan Correction and Clarification
We seek comment on correcting an apparent error in the 4.9 GHz band
plan and clarifying which center frequencies may be licensed when
aggregating multiple channels into larger bandwidths. The band plan is
governed by Sec. 90.1213 of the Commission's rules. First, we identify
an error in the bandwidth designated to channel number 14. In the 4.9
GHz Third Report and Order, the Commission decided that ``the frequency
utilization plan will consist of ten one-megahertz channels and eight
five-megahertz channels * * *.'' However, in the rule, ``[c]hannel
numbers 1 through 5 and 15 through 18 are 1 MHz channels and channels
[sic] numbers 6 through 14 are 5 MHz channels,'' which results in nine
one-megahertz channels and nine five-megahertz channels. Accordingly,
there is a discrepancy between the Commission's decision and the rule
concerning the number of channels designated for each bandwidth.
Channel number 14 is designated as a five-megahertz bandwidth
channel in the rules. However, the band edges of its upper neighbors,
channel numbers 15 and 16 (each one megahertz wide) are only 0.5 and
1.5 megahertz away, respectively, and the band edge of its lower
neighbor, channel number 13 (five megahertz wide) is only 0.5 megahertz
away. Therefore, the five megahertz bandwidth of channel number 14
overlaps the bandwidth of channel numbers 13, 15 and 16. Since none of
the other channels in the 4.9 GHz band have overlapping bandwidth, we
tentatively conclude that the channel plan contains an error in the
bandwidth of channel number 14. We propose to correct the channel
number 14 bandwidth from five megahertz to one megahertz. We note that
this correction would eliminate bandwidth overlap with adjacent
channels, improve spectrum efficiency, restore symmetry to the band
plan, and result in ten one-megahertz channels and eight five-megahertz
channels, consistent with the Commission's intent in the 4.9 GHz Third
Report and Order. Also, we propose to grandfather existing licensees to
minimize the effect of this rule change on existing operations. We seek
comment on this proposed correction.
Finally, the Commission's Universal Licensing System accepts 4.9
GHz channel requests based on the center frequency. The Commission has
been receiving applications for aggregated channels on improper center
frequencies, which results in inefficient spectrum usage. For example,
if a user seeks to aggregate two five-megahertz channels into a ten-
megahertz bandwidth, the user might improperly request a frequency
centered on one of the existing five-megahertz channels rather than
centered in the middle of the desired ten-megahertz channel. The user
takes up bandwidth over three or more channels rather than just the two
channels that are needed. To resolve this problem, we propose to amend
the table in Sec. 90.1213 to list the center frequencies that should
be requested for
[[Page 23819]]
every possible channel aggregation permitted in the rules. We believe
that clarifying the band plan in this manner would improve spectrum
efficiency and eliminate confusion over how to license aggregated
channels. Also, we propose to grandfather existing licensees to
minimize the effect of this clarification on existing operations. We
seek comment on this proposal.
Public Safety Pool Corrections
We seek comment on making three ``clean-up'' amendments to Sec.
90.20 relating to the Public Safety Pool Frequency Table and its
associated limitations. The following proposed amendments would rectify
three errors that Commission staff has discovered in this rule section
since the release of the earlier Notice of Proposed Rulemaking, 72 FR
35190, June 27, 2007, in this proceeding. Although these errors may
appear ministerial in nature, they have been in effect for a
substantial period of time, and thus, we seek comment on the
corrections.
First, in the Sec. 90.20(d)(66)(i) table of frequency pairs, we
note that Channel MED-4 has a mobile-only frequency of 463.075 MHz,
unlike the other listed channels, which have mobile-only frequencies in
the 468 MHz range. We tentatively conclude that 463.075 MHz was a
typographical error, and we seek comment on a proposal to correct the
mobile-only frequency for Channel MED-4 to 468.075 MHz. The lower half
of the MED-4 pair, frequency 463.075 MHz in the base and mobile column,
would remain unchanged.
Second, nine frequencies in the Public Safety Pool Frequency Table
contain limitation 38; however, Sec. 90.20(d)(38) only contains the
text, ``[Reserved].'' We propose to replace limitation 38 with
limitation 10 on those frequencies. In 2005, the Commission issued an
order that, inter alia, replaced limitation 38 with limitation 10 in
the Public Safety Pool Frequency Table because the two limitations were
identical. A portion of the final rule appendix reads: ``Section 90.20
is further amended by replacing limitation 38 with 10 in the Public
Safety Pool Frequency Table of Section 90.20(c)(3) (Frequencies.) for
frequencies 155.325, 155.3325, 155.355, 155.3625, 155.385, 155.3925,
155.4, 155.4075, 462.9375, 462.95625, 462.9625, 462.96875, 462.975,
462.98125, 462.9875, 462.99375, 467.95, 467.95625, 467.9625, 467.96875,
467.975, 467.98125, 467.9875 and 467.99375 * * *.'' However, the list
erroneously included frequency 462.9375 MHz, which does not have
limitation 38, and excluded frequency 462.95 MHz, which has limitation
38. Also, the rule implementation was never completed for the listed
frequencies in the 467 MHz range. Therefore, we seek comment on a
proposal to complete the rule implementation of the 2005 Biennial
Review Report and Order, 70 FR 61049, October 20, 2005, and amend Sec.
90.20(c)(3) by replacing limitation 38 with limitation 10 on the nine
frequencies 462.95, 467.95, 467.95625, 467.9625, 467.96875, 467.975,
467.98125, 467.9875 and 467.99375 MHz.
Third, the frequency band 1427-1432 MHz in the Public Safety Pool
Frequency Table contains an apparent error in the limitation column.
The limitation reads, ``O='xl'>72.'' We seek comment on a proposal to
amend Sec. 90.20(c)(3) by replacing the text in the limitation column
``O='xl'>72'' with the numeral ``72.'' This correction would clarify
that limitation 72 applies to this band. Limitation 72 reads, ``[t]his
frequency band is available to stations in this service subject to the
provisions of Sec. 90.259,'' and Sec. 90.259 contains provisions for
the 1427-1432 MHz band.
Procedural Matters
Initial Paperwork Reduction Act Analysis
This document does not contain new or modified proposed information
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. In addition, therefore, it does not contain any new
or modified 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).
Comment and Reply Comment Filing Instructions
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 and reply
comments on or before the dates indicated above. Comments may be filed
using: (1) The Commission's Electronic Comment Filing System (ECFS),
(2) the Federal Government's eRulemaking Portal, or (3) by filing paper
copies. See Electronic Filing of Documents in Rulemaking Proceedings,
63 FR 24121, May 1, 1998.
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers
should follow the instructions provided on the Web site for submitting
comments.
For ECFS filers, if multiple docket or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
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,
filers should send an e-mail to [email protected], and include the following
words in the body of the message ``get form.'' A sample form and
directions will be sent in response.
Paper Filers: 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,
filers must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
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). All filings must be addressed to the Commission's
Secretary, Federal Communications Commission.
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. 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, Express, and Priority
mail must be addressed to 445 12th Street, SW., Washington, DC 20554.
People with Disabilites: To request materials in alternative
formats for people with disabilities (braille, large print, electronic
files, audio format), send an e-mail to [email protected] or call the
Consumer and Government Affairs Bureau at (202) 418-0530 (voice), (202)
418-0432 (tty).
Interested parties may view documents filed in this proceeding on
the Commission's Electronic Comment Filing System (ECFS) using the
[[Page 23820]]
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
to [email protected]. This Report and Order and Further Notice of
Proposed Rulemaking also may be downloaded from the Commission's Web
site at http://www.fcc.gov/.
Ex Parte Presentations
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. See generally 47 CFR 1.1202, 1.1203, 1.1206(a).
Initial Regulatory Flexibility Act Analysis
As required by the Regulatory Flexibility Act, the Commission has
prepared a Initial Regulatory Flexibility Analysis (IRFA) of the
possible impact of the proposed rule changes contained in this Further
Notice of Proposed Rulemaking on small entities. The IRFA is set forth
in Appendix D of the Report and Order and Further Notice of Proposed
Rulemaking. Written public comments are requested on the IRFA. These
comments must be filed in accordance with the same filing deadlines as
comments filed in response to the Further Notice of Proposed Rulemaking
and must have a separate and distinct heading designating them as
responses to the IRFA. The Commission's Consumer Information Bureau,
Reference Information Center, will send a copy of this Report and Order
and Further Notice of Proposed Rulemaking, including the IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration.
Ordering Clauses
Accordingly, it is ordered, pursuant to sections 4(i), 303(r), and
403 of the Communications Act of 1934, 47 U.S.C. 154(i), 303(r), and
403, that this Report and Order and Further Notice of Proposed
Rulemaking is hereby adopted.
It is further ordered that the Commission's Consumer Information
Bureau, Reference Information Center, shall send a copy of this Report
and Order and Further Notice of Proposed Rulemaking, including the
Initial Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the U.S. Small Business Administration.
List of Subjects in 47 CFR Part 90
Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
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:
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) and 332(c)(7).
2. Section 90.20 is amended by revising the Frequency or band
entries 462.950, 467.950, 467.95625, 467.9625, 467.96875, 467.975,
467.98125, 467.9875, 467.99375 and 1,427 to 1,432 in the Public Safety
Pool Frequency Table of paragraph (c)(3) and the Frequencies base and
mobile entry 463.075 in the table of paragraph (d)(66)(i) to read as
follows:
Sec. 90.20 Public Safety Pool.
* * * * *
(c) * * *
(3) * * *
Public Safety Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
Frequency or band Class of station(s) Limitations Coordinator
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Megahertz
* * * * * * *
462.950............................. ......do................... 10, 65................ PM
* * * * * * *
467.950............................. ......do................... 10, 65................ PM
467.95625........................... ......do................... 10, 44, 65............ PM
467.9625............................ ......do................... 10, 27, 65............ PM
467.96875........................... ......do................... 10, 44, 65............ PM
467.975............................. ......do................... 10, 65................ PM
467.98125........................... ......do................... 10, 44, 65............ PM
467.9875............................ ......do................... 10, 27, 65............ PM
467.99375........................... ......do................... 10, 44, 65............ PM
* * * * * * *
1,427 to 1,432...................... Base, mobile or operational 72....................
fixed.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(d) * * *
(66) * * *
(i) * * *
[[Page 23821]]
------------------------------------------------------------------------
Frequencies base and mobile Mobile only
(megahertz) (MHz) Channel name
------------------------------------------------------------------------
* * * * * * *
463.075........................ 468.075.......... MED-4
* * * * * * *
------------------------------------------------------------------------
* * * * *
3. Section 90.175 is amended by adding paragraph (j)(19) to read as
follows:
Sec. 90.175 Frequency coordinator requirements.
* * * * *
(j) * * *
(19) Applications for frequencies in the 4940-4990 MHz band, except
for primary, permanent fixed point-to-point and point-to-multipoint
stations, which shall be subject to the requirements of Sec. Sec.
90.1209(b) and 101.103(d) of this chapter.
4. Section 90.1209 is amended by revising paragraph (b) to read as
follows:
Sec. 90.1209 Policies governing the use of the 4940-4990 MHz band.
* * * * *
(b) All licensees shall cooperate in the selection and use of
channels in order to reduce interference and make the most effective
use of the authorized facilities. Licensees of stations suffering or
causing harmful interference are expected to cooperate and resolve this
problem by mutually satisfactory arrangements. If licensees are unable
to do so, the Commission may impose restrictions including specifying
the transmitter power, antenna height, or area or hours of operation of
the stations concerned. Further, the Commission may prohibit the use of
any 4.9 GHz channel under a system license at a given geographical
location when, in the judgment of the Commission, its use in that
location is not in the public interest. Applicants for primary,
permanent fixed point-to-point and point-to-multipoint stations as
defined in Sec. 90.1207 shall be subject to the requirements of Sec.
101.103(d) of this chapter.
* * * * *
5. Section 90.1213 is revised to read as follows:
Sec. 90.1213 Band plan.
(a) The following channel center frequencies are permitted to be
aggregated for channel bandwidths of 5, 10, 15 or 20 MHz as described
in paragraph (b) of this section. Channel numbers 1 through 5 and 14
through 18 are 1 MHz bandwidth channels, and channel numbers 6 through
13 are 5 MHz bandwidth channels.
------------------------------------------------------------------------
Bandwidth Channel
Center frequency (MHz) (MHz) Nos.
------------------------------------------------------------------------
4940.5........................................ 1 1
4941.5........................................ 1 2
4942.5........................................ 1 3
4943.5........................................ 1 4
4944.5........................................ 1 5
4947.5........................................ 5 6
4952.5........................................ 5 7
4957.5........................................ 5 8
4962.5........................................ 5 9
4967.5........................................ 5 10
4972.5........................................ 5 11
4977.5........................................ 5 12
4982.5........................................ 5 13
4985.5........................................ 1 14
4986.5........................................ 1 15
4987.5........................................ 1 16
4988.5........................................ 1 17
4989.5........................................ 1 18
------------------------------------------------------------------------
(b) The following tables list center frequencies to be licensed for
aggregated channels only. A license may contain any combination of
bandwidths from aggregated channels provided that the bandwidths do not
overlap. The bandwidth edges (lower and upper frequencies) are provided
to aid in planning.
(1) 5 MHz bandwidth aggregation:
----------------------------------------------------------------------------------------------------------------
Lower Upper
Center frequency (MHz) Channel Nos. employed frequency frequency
(MHz) (MHz)
----------------------------------------------------------------------------------------------------------------
4942.5........................................ 1 to 5 \1\...................... 4940 4945
4947.5........................................ 6............................... 4945 4950
4952.5........................................ 7............................... 4050 4955
4957.5........................................ 8............................... 4955 4960
4962.5........................................ 9............................... 4960 4965
4967.5........................................ 10.............................. 4965 4970
4972.5........................................ 11.............................. 4970 4975
4977.5........................................ 12.............................. 2975 4980
4982.5........................................ 13.............................. 4980 4985
4987.5........................................ 14 to 18 \1\.................... 4985 4990
----------------------------------------------------------------------------------------------------------------
\1\ These channels should only be used if all other channels are blocked.
(2) 10 MHz bandwidth aggregation:
----------------------------------------------------------------------------------------------------------------
Lower Upper
Center frequency (MHz) Channel Nos. employed frequency frequency
(MHz) (MHz)
----------------------------------------------------------------------------------------------------------------
4945.......................................... 1 to 6 \1\...................... 4940 4950
4950.......................................... 6 & 7........................... 4945 4955
4955.......................................... 7 & 8........................... 4950 4960
4960.......................................... 8 & 9........................... 4955 4965
4965.......................................... 9 & 10.......................... 4960 4970
4970.......................................... 10 & 11......................... 4965 4975
[[Page 23822]]
4975.......................................... 11 & 12......................... 4970 4980
4980.......................................... 12 & 13......................... 4975 4985
4985.......................................... 13 to 18 \1\.................... 4980 4990
----------------------------------------------------------------------------------------------------------------
\1\ These channels should only be used if all other channels are blocked.
(3) 15 MHz bandwidth aggregation:
----------------------------------------------------------------------------------------------------------------
Lower Upper
Center frequency (MHz) Channel Nos. employed frequency frequency
(MHz) (MHz)
----------------------------------------------------------------------------------------------------------------
4947.5........................................ 1 to 7 \1\...................... 4940 4955
4952.5........................................ 6 to 8.......................... 4945 4960
4957.5........................................ 7 to 9.......................... 4950 4965
4962.5........................................ 8 to 10......................... 4955 4970
4967.5........................................ 9 to 11......................... 4960 4975
4972.5........................................ 10 to 12........................ 4965 4980
4977.5........................................ 11 to 13........................ 4970 4985
4982.5........................................ 12 to 18 \1\.................... 4975 4990
----------------------------------------------------------------------------------------------------------------
\1\ These channels should only be used if all other channels are blocked.
(4) 20 MHz bandwidth aggregation:
----------------------------------------------------------------------------------------------------------------
Lower Upper
Center frequency (MHz) Channel Nos. employed frequency frequency
(MHz) (MHz)
----------------------------------------------------------------------------------------------------------------
4950.......................................... 1 to 8 \1\...................... 4940 4960
4955.......................................... 6 to 9.......................... 4945 4965
4960.......................................... 7 to 10......................... 4950 4970
4965.......................................... 8 to 11......................... 4955 4975
4970.......................................... 9 to 12......................... 4960 4980
4975.......................................... 10 to 13........................ 4965 4985
4980.......................................... 11 to 18 \1\.................... 4970 4990
----------------------------------------------------------------------------------------------------------------
\1\ These channels should only be used if all other channels are blocked.
[FR Doc. E9-11907 Filed 5-20-09; 8:45 am]
BILLING CODE 6712-01-P