[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Proposed Rules]
[Pages 19340-19345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7644]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WP Docket No. 07-100, FCC 10-36]
Wireless Technologies, Devices, and Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) seeks additional comments in the ongoing proceeding to
propose miscellaneous changes to its rules that govern new and existing
wireless technologies, devices, and services. Specifically, the
Commission seeks comment regarding particular changes to its rules that
were suggested in response to a previous decision in this proceeding,
or resulting issues that arose subsequently. This proceeding is part of
our continuing effort to provide clear and concise rules that
facilitate new wireless technologies, devices and services, and are
easy for the public to understand.
DATES: Submit comments on or before May 14, 2010, and reply comments
are due on or before June 1, 2010.
ADDRESSES: You may submit comments, identified by WP Docket No. 07-100;
FCC 10-36, 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 P. Conway, at
[email protected], Wireless
[[Page 19341]]
Telecommunications Bureau, (202) 418-2904, or TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Further Notice of Proposed Rulemaking (``Second FNPRM'') in WP Docket
No. 07-100, FCC 10-36, adopted on March 3, 2010, and released March 10,
2010. The Commission seeks comment regarding particular changes to its
rules where we solicited comment on other potential rule changes to a
Notice published at 72 FR 32582, June 13, 2007, in this proceeding,
that were suggested in response to, or arose subsequently. The full
text of this document is available for inspection and copying during
normal business hours in the FCC Reference Center, 445 12th Street,
SW., Washington, DC 20554. The complete text may be purchased from the
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY-B402, Washington, DC 20554. The full text may also
be downloaded at: www.fcc.gov. Alternative formats are available to
persons with disabilities by sending an e-mail to [email protected] or by
calling the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
1. Part 90 contains the rules for both the Private Land Mobile
Radio (PLMR) Services and certain Commercial Mobile Radio Services
(CMRS). PLMR licensees generally do not provide for-profit
communications services. Some examples of PLMR licensees are public
safety agencies, businesses that use radio only for their internal
operations, utilities, transportation entities, and medical service
providers. CMRS licensees, by comparison, do provide for-profit
communications services, such as paging and Specialized Mobile Radio
services that offer customers communications that are interconnected to
the public switched network.
2. WMTS Secondary Operations. WMTS service rules do not currently
authorize WMTS systems to operate on a secondary basis on those
portions of the 1427-1432 MHz shared band where non-medical telemetry
is primary, and commenters disagree regarding whether the rules should
be amended to permit such operations. The current record, however, does
not provide an adequate basis for us to adopt appropriate technical
requirements. We therefore seek further comment on whether secondary
WMTS operations should be permitted. Specifically, we seek comment on
what particular technical rules would be needed to prevent unwanted
interference and ensure patient safety. We also seek comment on whether
WMTS equipment manufacturers or vendors should be required to notify
users that installed equipment will operate on a secondary basis to
non-medical telemetry. Commenters also are asked to address whether
certain functions (e.g., monitoring of specific types of patients or
specific medical information) are so critical to patient safety that
they should be conducted only on frequencies where WMTS has primary
status. In addition, we seek comment on whether there is sufficient
primary spectrum in the three WMTS frequency bands to meet users'
communications needs without resorting to secondary operations.
3. End of Train Devices. Section 90.238(e) of the Commission's
rules limits telemetry operations in the 450-470 MHz band to two watts
transmitter output power. Association of American Railroads (AAR) is
concerned that the two-watt limit offers little margin for degradation
of the communications link, especially on longer trains (some of which
are 7,000 to 8,000 feet long). In order to minimize the possibility of
communications link failure for EOT devices, AAR requests that the
Commission's rules be amended to allow EOT devices to operate with up
to eight watts transmitter output power. AAR, which is the Commission's
certified frequency coordinator for frequency pair 452/457.9375 MHz and
the adjacent frequencies, argues that the potential for causing
interference to railroad operations is minimal. We tentatively conclude
that the Commission's rules should be modified to accommodate the
operational needs of EOT devices, and we seek comment on this proposal.
We also seek comment on whether a 6 dB increase in power is necessary,
or whether EOT devices can operate properly with a smaller increase.
4. Trunking Rules. Since its adoption in 1997, Sec. 90.187 has
been the subject of several decisions clarifying or interpreting it. We
tentatively agree with Land Mobile Communications Council (LMCC) that
we should revise the rule, and related definitions in Sec. 90.7 of the
Commission's rules, to make the rule clearer. For example, we propose
to clarify that Sec. 90.187 neither requires applicants for
decentralized trunked systems to obtain consent from affected
licensees, nor permits decentralized trunked systems to operate without
monitoring. We also tentatively agree with LMCC that the rule currently
contains unnecessary provisions that should be removed. For example,
Sec. 90.187(b)(2)(v) provides that a potential applicant that
disagrees with a frequency coordinator's determination that the
proposed operations would cause objectionable interference may ask the
Commission to overturn the coordinator's determination, but Sec.
90.175(a) already offers the same opportunity. Whether an incumbent is
an ``affected licensee'' also depends on spectral separation. LMCC
seeks to expand the definition of ``affected licensee'' in the context
of proposed 12.5 kilohertz and 6.25 kilohertz bandwidth stations,
depending on the authorized bandwidth of the incumbent station. It
argues that these changes are necessary in order to avoid interference
to licensees that migrate from 25 kilohertz bandwidth to 12.5 kilohertz
or narrower bandwidth pursuant to the Commission's narrowbanding
mandate. LMCC also suggests that these spectral separations be
expressed in table form, rather than the current text descriptions. We
seek comment on these proposals. Section 90.187 does not discuss how to
account for systems that have no permanent base stations. LMCC now
suggests that the rule be revised to treat mobile-only stations as
follows: for systems where the authorized operating area is defined as
a radius around geographic coordinates, contour calculations should be
based on a mobile unit operating at the geographic coordinates; while
systems where the license does not specify geographic coordinates for
the authorized operating area (e.g., licenses authorizing operation
within a particular county or state) would not be deemed ``affected
licensees.'' We are not persuaded that LMCC's recommendations represent
the optimal solution because placing the mobile units at the center
coordinates tends to understate the system's potential to cause or
receive interference. In addition, we see no basis for affording
differing levels of protection depending on whether the mobile-only
operating area is defined by a point-radius or a geographic unit.
Consequently, while we seek comment on LMCC's proposals, we also ask
commenters to address whether other feasible methods might more
accurately approximate a mobile-only system's contours, such as using
the boundary of the authorized operating area as the service contour
and a specified distance therefrom as the interference contour.
Finally, LMCC appears to suggest removing current Sec. 90.187(d),
which permits potential applicants for centralized trunked operations
to file written notice with a frequency coordinator, which will notify
the other frequency coordinators, none of whom may accept a conflicting
application for sixty days. The Commission added this
[[Page 19342]]
provision in 1999 in order to prevent ``strike'' applications against
prospective applicants that have begun the process of seeking consent
from existing stations. We note that Sec. 1.935 of the Commission's
rules already prohibits the filing of mutually exclusive applications
for the purpose of ``greenmail.'' We seek comment on this proposal.
5. 470-512 MHz Band Offset Channels. In 1997, the Commission
directed the certified frequency coordinators for the private land
mobile radio services to reach a consensus on the applicable
coordination procedures for the 12.5 kHz offset channels in the 470-512
MHz band. That consensus is embodied in the LMCC procedures for
evaluating adjacent channel interference in the 470-512 MHz band using
the interference criteria of TIA/EIA/TSB-88 (TSB-88). The LMCC
Consensus provides that an application shall not be certified if an
incumbent or the applicant has unacceptable interference of more than
five percent reduction of the calculated service area reliability. LMCC
appears to suggest codifying this requirement in our rules. We believe
that codifying the TSB-88 requirement could reduce confusion concerning
the requirement, so we seek comment on this proposal. We also ask
commenters to consider whether it is preferable to leave the
requirement uncodified, so that the frequency coordinators can continue
to modify the TSB-88 procedures without an amendment of the
Commission's rules.
6. Station Identification. Motorola urges the Commission to
consider certain updates and changes to Sec. 90.425 of the rules
governing the transmission of station identification information. It
first notes that the Commission's rules permit 800 and 900 MHz stations
that are licensed on an exclusive basis and normally employ digital
emissions to transmit station identification in digital format, and
that similar rules are under consideration for the 700 MHz public
safety band, but that the rules do not provide the same flexibility for
VHF or UHF PLMR licensees. Motorola suggests modifying Sec. 90.425 of
the Commission's rules to allow the transmission of the required
station identification using digital signals instead of Morse code.
Motorola also notes that Sec. 90.425(e)(2) allows CMRS licensees to
use a single call sign for commonly owned facilities that are operated
as part of a single system, and requests that we afford similarly
situated PLMR licensees the same flexibility. We seek comment on
Motorola's proposals.
I. Procedural Matters
A. Ex Parte Rules--Permit-But-Disclose Proceeding
7. 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
8. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415 and 1.419, interested parties may file comments on
or before May 14, 2010 and reply comments on or before June 1, 2010.
All filings related to this Second FNPRM should refer to WP Docket No.
07-100.
9. Electronic Filers: Comments may be filed electronically using
the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or
the Federal eRulemaking Portal: http://www.regulations.gov.
10. 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.
11. Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
12. All hand-delivered or messenger-delivered paper filings for the
Commission's Secretary must be delivered to FCC Headquarters at 445
12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours 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.
13. 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.
14. U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street, SW., Washington, DC 20554.
15. People With Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an e-mail to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
C. Paperwork Reduction Act
16. This document does not contain 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 ``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
17. 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 Second FNPRM.
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 Second FNPRM as provided in paragraph 49 of the
item. The Commission will send a copy of the Second FNPRM, including
this IRFA, to the Chief Counsel for Advocacy of the U.S. Small Business
Administration. In addition, a copy of the Second FNPRM and IRFA (or
summaries thereof) will also be published in the Federal Register.
Need for, and Objectives of, the Proposed Rules:
18. This proceeding is part of our continuing effort to provide
clear rules that are easy for licensees to comprehend. The Second FNPRM
seeks comment regarding changes to certain regulatory requirements
contained in part 90 of the Commission's rules pertaining to telemetry
operations by railroad licensees, and trunking of private land mobile
radio operations below 512 MHz.
Legal Basis for Proposed Rules:
19. Authority for issuance of this item is contained in sections
4(i), 303(r), and 403 of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 303(r), and 403.
Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply:
20. 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: (1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the
[[Page 19343]]
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. See 5
U.S.C. 601(3). Below, we further describe and estimate the number of
small entity licensees and regulatees that may be affected by the rules
changes proposed in this Second FNPRM.
21. Private Land Mobile Radio Licensees. Private land mobile radio
(PLMR) systems serve an essential role in a vast 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. Because of the vast array of PLMR users, the
Commission has not developed a small business size standard
specifically applicable to PLMR users. The SBA rules do, however,
contain a size standard for small radiotelephone (wireless) companies
which encompasses, business entities engaged in radiotelephone
communications employing no more that 1,500 persons. See 13 CFR
121.201, NAICS code 517212. The SBA rules contain a definition for
cellular and other wireless telecommunications companies, which
encompasses business entities engaged in radiotelephone communications
employing no more that 1,500 persons. The Commission's fiscal year 1994
annual report indicates that, at the end of fiscal year 1994, there
were 1,101,711 licensees operating 12,882,623 transmitters in the PLMR
bands below 512 MHz. See Federal Communications Commission, 60th Annual
Report, Fiscal Year 1994 at 120-121.
22. Frequency Coordinators. Neither the Commission nor the SBA has
developed a small business size standard specifically applicable to
spectrum frequency coordinators. The SBA has developed a small business
size standard for wireless firms within the two broad economic census
categories of ``Paging'' and ``Cellular and Other Wireless
Telecommunications.'' See 13 CFR 121.201, NAICS code 517212. Under both
categories, the SBA deems a wireless business to be small if it has
1,500 or fewer employees. For the census category of Paging, Census
Bureau data for 2002 show that there were 807 firms in this category
that operated for the entire year. See 13 CFR 121.201, NAICS code
517211. Of this total, 804 firms had employment of 999 or fewer
employees, and three firms had employment of 1,000 employees or more.
Thus, under this category and associated small business size standard,
the majority of firms can be considered small. For the census category
of Cellular and Other Wireless Telecommunications, Census Bureau data
for 2002 show that there were 1,397 firms in this category that
operated for the entire year. See 13 CFR 121.201, NAICS code 517212. Of
this total, 1,378 firms had employment of 999 or fewer employees, and
19 firms had employment of 1,000 employees or more. Thus, under this
second category and size standard, the majority of firms can, again, be
considered small.
23. RF Equipment Manufacturers. The Census Bureau defines this
category as follows: ``This industry comprises establishments primarily
engaged in manufacturing radio and television broadcast and wireless
communications equipment. Examples of products made by these
establishments are: Transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment.'' See 13 CFR 121.201, NAICS code 334220. The
SBA has developed a small business size standard for Radio and
Television Broadcasting and Wireless Communications Equipment
Manufacturing, which is: All such firms having 750 or fewer employees.
According to Census Bureau data for 2002, there were a total of 1,041
establishments in this category that operated for the entire year. See
U.S. Census Bureau, American FactFinder, 2002 Economic Census, Industry
Series, Industry Statistics by Employment Size, NAICS code 334220
(released May 26, 2005). Of this total, 1,010 had employment of under
500, and an additional 13 had employment of 500 to 999. Thus, under
this size standard, the majority of firms can be considered small.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements:
24. There are no projected reporting, recordkeeping or other
compliance requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered:
25. 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: (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. See 5 U.S.C. 603(c).
26. We believe the changes proposed in this Second FNPRM will
promote flexibility and more efficient use of the spectrum, reduce
administrative burdens, and allow licensees to better meet their
communication needs. In this Second FNPRM, we seek comment on the
proposals to modify the rules. Many of the proposed changes constitute
clarification of existing requirements or elimination of existing
limitations. Among other proposals, we seek comment on whether our
trunking regulations should be refined for ease of understanding and to
reduce the administrative and licensee regulatory burden. We also are
considering the alternative of retaining the existing trunking
regulations. The Second FNPRM also seeks comment on the feasibility of
increasing the allowed power for end of train devices to provide a more
robust communications link from the back of long trains.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules:
27. None.
III. Ordering Clauses
28. Pursuant to Sec. Sec. 4(i), 303(r), and 403 of the
Communications Act of 1934, 47 U.S.C. 154(i), 303(r), and 403, that
this Second FNPRM is hereby adopted.
29. Notice is hereby given of the proposed regulatory changes
described in this Second FNPRM and comment is sought on these
proposals.
30. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Second FNPRM,
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, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
Part 90 of Chapter I of Title 47 of the Code of Federal Regulations
is proposed to be amended as follows:
[[Page 19344]]
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), and 332(c)(7).
2. Section 90.7 is amended by adding definitions for ``centralized
trunked system'' and ``decentralized trunked system'' in alphabetical
order and by revising the definition of ``trunked radio system'' to
read as follows:
Sec. 90.7 Definitions.
* * * * *
Centralized trunked system. A system in which there is dynamic
assignment of communications paths by automatically searching all
communications paths in the system for and assigning to a user an open
communications path within that system. Individual communications paths
within a trunked system may be classified as centralized or
decentralized in accordance with the requirements of Sec. 90.187.
* * * * *
Decentralized trunked system. A system which monitors the
communications paths within its assigned channels for activity within
and outside of the trunked system and transmits only when an available
communications path is found. Individual communications paths within
trunked system may be classified as centralized or decentralized in
accordance with the requirements of Sec. 90.187.
* * * * *
Trunked radio system. A radio system employing technology that
provides the availability to search two or more available
communications paths and automatically assign a user an open
communications path.
* * * * *
3. Section 90.187 is revised to read as follows:
Sec. 90.187 Trunking in the bands between 150 and 512 MHz.
(a) Applicants for centralized and decentralized trunked systems
operating on frequencies between 150 and 512 MHz (except 220-222 MHz)
must indicate on their applications (radio service and class of station
code, instructions for FCC Form 601) that their system will be trunked.
Licensees of stations that are not trunked may trunk their systems only
after modifying their license (see Sec. 1.927 of this chapter).
(b) Trunked systems operating under this section must employ
equipment that prevents transmission on a trunked frequency if a signal
from another system is present on that frequency. The level of
monitoring must be sufficient to avoid harmful interference to other
systems.
(c) The monitoring requirement in paragraph (b) of this section
does not apply to centralized trunked systems operating in the 470-512
MHz band that meet the loading requirements of Sec. 90.313 of this
part and have exclusive use of their frequencies in their service area.
(d) The monitoring requirement in paragraph (b) of this section
does not apply to centralized trunked systems if the application is be
accompanied by written consent from all affected licensees.
(1) Affected licensees for the purposes of this section are
licensees (and previously filed pending applicants) meeting both of
these criteria:
(i) Spectral overlap. Licensees (and filers of previously filed
pending applications) with an assigned (or proposed) frequency having a
spectral separation from a frequency of the proposed centralized
trunked station that does not exceed these values:
----------------------------------------------------------------------------------------------------------------
Incumbent authorized bandwidth
Proposed station --------------------------------------------------------------------------
20 kHz 11.25 kHz 6 kHz
----------------------------------------------------------------------------------------------------------------
25 kHz............................... 15.0 kHz............... 15.0 kHz............... 15.0 kHz.
12.5 kHz............................. 15.0 kHz............... 7.5 kHz................ 7.5 kHz.
6.25 kHz............................. 15.0 kHz............... 7.5 kHz................ 3.125 kHz.
----------------------------------------------------------------------------------------------------------------
Note: The left column is the authorized bandwidth requested for
the proposed trunked station. The second row is the authorized
bandwidth of the incumbent. The other cells in the table show the
frequency range above and below the frequency of the proposed
centralized trunked station that must be considered.
(ii) Contour overlap. (A) Licensees (and filers of previously filed
pending applications) with a service contour (37 dBu for stations in
the 150-174 MHz band, and 39 dBu for stations in the 421-512 MHz band)
that is overlapped by the proposed centralized trunked station's
interference contour (19 dBu for stations in the 150-174 MHz band, and
21 dBu for stations in the 421-512 MHz band), or with an interference
contour that is overlapped by the proposed centralized trunked
station's service contour.
(B) The calculation of service and interference contours shall be
performed using generally accepted engineering practices and standards,
including appropriate derating factors, agreed to by a consensus of all
certified frequency coordinators. Frequency coordinators shall make
this information available to the Commission upon request.
(1) Licensees (and filers of previously filed pending applicants)
with no permanent base station may be deemed to be affected licensees
for the purposes of this section only if center geographic coordinates
are specified for the authorized operating area. In such a case, the
contours set forth in paragraph (d)(1)(ii)(A) of this section shall be
calculated with respect to a station located at the center coordinates.
(2) After January 1, 2013, licensees with an authorized bandwidth
exceeding 12.5 kHz will not be deemed affected licensees, unless the
licensee meets the efficiency standard set forth in Sec. 90.203(j)(3).
(3) The written consent from an affected licensee shall state all
terms agreed to by the parties and shall be signed by the parties. The
written consent shall be maintained by the operator of the centralized
trunked station and be made available to the Commission upon request.
An application for a centralized trunked station shall include either a
certification from the applicant that written consent has been obtained
from all affected licensees, or a certification from the frequency
coordinator that there are no affected licensees.
(4) The exclusive service area of a station that has been
authorized for centralized trunked operation will be protected from
proposed centralized trunked, decentralized trunked or conventional
operations in accordance with the standards of paragraphs (d)(1)(i)(A)
and (d)(1)(ii) of this section.
(2) [Reserved]
(e) Trunking of systems licensed on paging-only channels or
licensed in the Radiolocation Service (subpart F of this part) is not
permitted.
[[Page 19345]]
(f) No more than 10 channels for new centralized trunked operation
in the Industrial/Business Pool may be applied for at a single
transmitter location or at locations with overlapping service contours
as specified in paragraph (d)(1)(ii)(A) of this section. Subsequent
applications for centralized trunked operation are limited to no more
than an additional 10 channels, and must be accompanied by a
certification, submitted to the certified frequency coordinator
coordinating the application, that all of the applicant's existing
channels authorized for centralized trunked operation at that location
or at locations with overlapping service contours have been constructed
and placed in operation. Certified frequency coordinators are
authorized to require documentation in support of the applicant's
certification that existing channels have been constructed and placed
in operation. Applicants for Public Safety Pool channels may request
more than 10 centralized trunked channels at a single location or at
locations with overlapping service contours if accompanied by a showing
of sufficient need. The requirement for such a showing may be satisfied
by submission of loading studies demonstrating that requested channels
in excess of 10 will be loaded with 50 mobiles per channel within a
five year period commencing with the grant of the application.
(g) If a licensee authorized for centralized trunked operation
discontinues trunked operation for a period of 30 consecutive days, the
licensee, within 7 days thereafter, shall file a conforming application
for modification of license with the Commission.
4. Section 90.238 is amended by revising paragraph (e) to read as
follows:
Sec. 90.238 Telemetry operations.
* * * * *
(e) In the 450-470 MHz band, telemetry operations will be
authorized on a secondary basis with a transmitter output power not to
exceed 2 watts on frequencies subject to Sec. 90.20(d)(27) or Sec.
90.35(c)(30), except that telemetry operations used by Railroad
licensees may be authorized on frequency pair 452/457.9375 MHz with a
transmitter output power not to exceed 8 watts.
* * * * *
5. Section 90.303 is amended by adding paragraph (d) to read as
follows:
Sec. 90.303 Availability of frequencies.
* * * * *
(d) Applications for stations in the 470-512 MHz band operating on
assigned frequencies allotted for bandwidths of 12.5 kHz or less must
demonstrate that the proposed operations will neither cause more than
five percent degradation to adjacent-channel licensees (and filers of
previously filed pending applications) nor incur more than five percent
degradation from adjacent-channel licensees (and filers of previously
filed pending applications), using the interference criteria of
Telecommunications Industry Association/Electronics Industry
Association Telecommunications Systems Bulletin 88 (TIA/EIA/TSB-88),
Wireline Communications System--Performance in Noise and Interference-
Limited Situations--Recommended Methods for Technology-Independent
Modeling, Simulation, and Verification (January 1998). For purposes of
this paragraph, adjacent-channel licensees (and filers of previously
filed pending applications) are stations with an authorized bandwidth
of 20 kHz and an assigned frequency separated by 12.5 kHz or less from
the proposed station, and stations with an authorized bandwidth of
11.25 kHz and an assigned frequency separated by 6.25 kHz or less from
the assigned frequency of the proposed station.
6. Section 90.425 is amended by removing paragraph (e)(2),
redesignating paragraph (e)(3) as (e)(2), and adding paragraphs (f) and
(g) to read as follows:
Sec. 90.425 Station identification.
* * * * *
(f) Stations subject to a station identification requirement will
be permitted to use a single call sign for commonly owned facilities
that are operated as part of a single system. The call sign must be
transmitted each hour within five minutes of the hour, or upon
completion of the first transmission after the hour.
(g) Stations licensed in the 150-170 MHz and 450-470 MHz bands that
are licensed on an exclusive basis, and normally employ digital signals
for the transmission of data, text, control codes, or digitized voice,
may also be identified by digital transmission of the call sign. A
licensee that identifies its call sign in this manner must provide the
Commission, upon request, information sufficient to decode the digital
transmission and ascertain the call sign transmitted.
[FR Doc. 2010-7644 Filed 4-13-10; 8:45 am]
BILLING CODE 6712-01-P