Automatic Vehicle Monitoring Systems

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 93-61, FCC 97-305]

Automatic Vehicle Monitoring Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this Memorandum Opinion and Order, the Commission addresses

the remaining issues raised by petitioners for reconsideration of its

Report and Order in PR Docket No. 93-61, 60 FR 15248 (March 23, 1995),

which established rules governing the licensing of the Location and

Monitoring Service (LMS) in the 902-928 MHz band. The Commission

resolved other issues raised by petitioners in an Order on

Reconsideration in this docket. 61 FR 18981 (April 30, 1996). This item

clarifies interconnection limitations for multilateration LMS, as well

as other issues raised on reconsideration, such as operational

parameters for non-multilateration systems, treatment of other users of

the 902-928 MHz band, the structure of the spectrum allocation plan,

the geographic service area for licensing multilateration LMS, and the

licensing of wideband forward links. The intended effect of this action

is to minimize potential interference within and among users of the

902-928 MHz band.

EFFECTIVE DATE: December 5, 1997.

FOR FURTHER INFORMATION CONTACT: David Furth or Linda Chang at (202)

418-0620.

SUPPLEMENTARY INFORMATION: This Memorandum Opinion and Order in PR

Docket No. 93-61, adopted August 28, 1997, and released September 16,

1997, is available for public inspection and copying during normal

business hours in the FCC Dockets Branch, Room 239, 1919 M Street N.W.,

Washington, D.C. 20554. The complete text may be purchased from the

Commission's copy contractor, International Transcription Service,

Inc., 1231 20th Street, N.W., Washington, D.C. 20036 (telephone number:

(202) 857-3800).

Synopsis of Memorandum Opinion and Order

Introduction and Background

1. LMS refers to advanced radio technologies designed to support

the nation's transportation infrastructure and to facilitate the growth

of Intelligent Transportation Systems. In the LMS Report and Order, the

Commission created a new subpart M in part 90 of the Commission's Rules

for Transportation Infrastructure Radio Services (TIRS). LMS, which

encompasses the 20-year-old Automatic Vehicle Monitoring Service as

well as developing transportation-related services, was deemed to be

the first service included within the TIRS category. Parties have

requested that the Commission redesignate TIRS as ITSRS, or

``Intelligent Transportation Systems Radio Service.'' These parties

contend that the term ``Intelligent Transportation System'' has become

widely accepted by other government agencies and in the private sector,

and would be more descriptive of the types of services contemplated for

subpart M of part 90. The Commission is persuaded that it would be

appropriate to refer to LMS and like services as Intelligent

Transportation Systems Radio Services, and the Commission changes its

rules accordingly.

2. In the LMS Report and Order, the Commission defined two types of

LMS systems--multilateration and non-multilateration. Multilateration

LMS systems are designed to locate vehicles or other objects by

measuring the difference of time of arrival, or difference in phase, of

signals transmitted from a unit to a number of fixed points, or from a

number of fixed points to the unit to be located. Such systems

generally use spread-spectrum technology to locate vehicles throughout

a wide geographic area. The Commission defined non-multilateration

systems as LMS systems that employ any technology other than

multilateration technology. The Commission noted that unlike a

multilateration system, which determines the location of a vehicle or

object over a wide area, a typical non-multilateration system uses

narrowband technology whereby an electronic device placed in a vehicle

transfers information to and/or from that vehicle when the vehicle

passes near one of the system's stations.

3. LMS operates in the 902-928 MHz frequency band. The band is

allocated for primary use by Federal Government radiolocation systems.

Next in order of priority are Industrial, Scientific and Medical (ISM)

devices. Federal Government fixed and mobile and LMS systems are

secondary to both of these uses. The remaining uses of the 902-928 MHz

band include licensed amateur radio operations and unlicensed part 15

equipment, both of which are secondary to all other uses of the band.

Part 15 low power devices include, but are not limited to, those used

for automatic meter reading, inventory control, package tracking and

shipping control, alarm services, local area networks, internet access

and cordless telephones. The amateur radio service is used by

technically inclined private citizens to engage in self-training,

information exchange and radio experimentation. In the LMS Report and

Order, the Commission recognized the important contribution to the

public provided by part 15 technologies and amateur radio operators and

sought to develop a band plan that would maximize the ability of these

services to coexist with LMS systems.

4. The Commission adopted the LMS Report and Order with an eye

toward minimizing potential interference within and among the various

users of

[[Page 52037]]

the 902-928 MHz band. The Commission's band plan accordingly permits

secondary operations across the entire band by users of unlicensed part

15 devices and amateur licensees. At the same time, the band plan

separates non-multilateration from multilateration LMS systems in all

but one subband so as to avert interference. The LMS Report and Order

also established limitations on LMS systems' interconnection with the

public switched network and set forth a number of technical

requirements intended to ensure successful coexistence of all the

services authorized to operate in the band.

5. This Memorandum Opinion and Order for the most part affirms

decisions made by the Commission in the LMS Report and Order as an

appropriate balancing of the interests of the different uses authorized

in the band. Where appropriate, the Commission clarifies particular

aspects of those decisions. First, the Commission reviews petitioners'

objections to its interconnection restrictions and clarifies that the

regulatory classification of LMS operators will be determined on a

case-by-case basis. Next, the Commission addresses petitioners'

concerns regarding the definition and scope of the non-multilateration

LMS service. The Commission then discusses issues raised by petitioners

regarding the ``safe harbor'' within which part 15 devices and amateur

operators will be deemed not to cause interference to multilateration

LMS providers. The Commission next addresses petitioners' suggested

changes to the band plan adopted in the LMS Report and Order, as well

as its decision to license multilateration LMS systems on a major

trading area (MTA) basis. The Commission further considers the

propriety of allowing multilateration wideband forward links to operate

in the 902-928 MHz band.

A. Eligibility and Permissible Uses

6. In the LMS Report and Order, the Commission recognized that

multilateration systems may have some need for interconnection with the

public switched telephone network (PSTN). At the same time, however,

the Commission recognized that unlimited interconnection by

multilateration operators would be incompatible with the unique

technical environment created by different types of services sharing

the 902-928 MHz band. The Commission was concerned that such activity

would not only increase the potential for harmful interference to other

users of the band, but also detract from the location and monitoring

purposes of the LMS allocation. Accordingly, the Commission adopted

operational restrictions on multilateration LMS operators to minimize

interference to all users of the spectrum. These restrictions include

limitations on messaging services and interconnection with the PSTN,

and a prohibition against message and data transmissions to fixed units

and units for which location and monitoring is not being provided.

7. Of the restrictions listed above, the most discussed by

petitioners were the Commission's limitations on interconnection.

Specifically, the Commission in the LMS Report and Order permitted

``store and forward'' interconnection where either (1) transmissions

from a vehicle or object being monitored are stored by the

multilateration LMS provider for later transmission over the PSTN, or

(2) transmissions received by the multilateration LMS provider from the

PSTN are stored for later transmission to the vehicle or object being

monitored. The rules adopted in the LMS Report and Order do not permit

``real-time'' interconnection between vehicles and the PSTN except for

emergency communications related to a vehicle or a passenger in a

vehicle.

8. In the Memorandum Opinion and Order, the Commission notes that

only one petitioner supported unrestricted interconnection while the

majority of parties addressing the issue support at least some

restriction on LMS interconnection. One commenter suggests a minimum

time delay of transmission to prevent two way person-to-person

conversation. Some petitioners who were against permitting any

multilateration LMS interconnection to the PSTN argue that the

restrictions adopted by the Commission present substantial enforcement

problems. They argue that by limiting transmission of messages to

emergency communications related to the location and monitoring

functions of the system, the Commission will place multilateration LMS

operators in the position of having to become substantially involved

with the content of their customers' communications. Nonetheless, some

parties, even those that generally oppose interconnection, recognize

that some interconnected service is needed in the event of an

emergency.

9. After revisiting this issue and considering petitioners'

concerns, the Commission continues to believe that its decision

regarding limitations on multilateration LMS interconnection reflects a

necessary balancing of the interests of LMS providers and other users

of the 902-928 MHz band. Relaxing restrictions on interconnection could

increase the potential for interference in the band by allowing for

additional message traffic. The Commission believes that requiring

messages to be sent on a store-and-forward basis will reduce message

traffic in the band by making it difficult to conduct a real-time

conversation using LMS spectrum. However, the Commission concludes that

real-time interconnection is necessary and appropriate in emergency

situations. The Commission therefore rejects the arguments of

commenters asking that the Commission forbid real-time interconnection

in emergency situations. The Commission believes that to do otherwise

could impede the development of LMS, to the detriment of Intelligent

Transportation Systems and, more importantly, would raise significant

public safety concerns.

10. The Commission clarifies that ``store and forward''

communications as described in the LMS Report and Order refers to a

storage of voice or data messages for subsequent delivery to the

recipient. The Commission declines to adopt a specific minimum delay,

as requested by some petitioners. As a guideline, however, the

Commission adopts a ``safe harbor'' approach whereby a particular

message will be considered an acceptable store-and-forward message

pursuant to its rules if the LMS service provider incorporates at least

a thirty-second delay between the time a message is stored and the time

that message is forwarded. This is not to say that a delay of less than

30 seconds will be unacceptable in all cases, but use of a 30-second

delay will ensure that the communication will be deemed to fit within

the definition of a store and forward message with respect to LMS.

While the Commission considered using a one-minute delay, the

Commission believes that a thirty-second delay is sufficient to ensure

that two-way conversation is impractical and will thereby discourage

use of multilateration LMS for general messaging. The Commission also

clarifies that emergency communications, for which real-time

interconnection may be utilized, is equivalent to a 911 or 311 call.

Such communication must have a direct relation to the immediate safety

of life or for communications to render assistance to a motorist. If no

immediate action is necessary, it is not an emergency. All other

communications should use ``store and forward'' technology.

11. The Commission recognizes petitioners'' concerns that limiting

interconnection based on the character

[[Page 52038]]

of the message would be difficult to enforce and therefore raises the

possibility of abuse. The Commission believes, however, that setting

forth specific examples of what is or is not an emergency would serve

no useful purpose and that such a rule could be unduly restrictive. The

Commission does not intend to monitor the content of messages but

expects that multilateration operators will be able to demonstrate

compliance with the interconnection limitations if requested.

Compliance may be accomplished by equipment that will permit voice

calls in real time only to 311, 911, and an automobile road service

provider. Compliance might also be accomplished by multilateration LMS

operators monitoring transmissions over their facilities and providing

information regarding their transmissions to the Commission if

requested. The Commission believes that this type of monitoring will

not violate section 705 of the Communications Act because it fits

within the exception for providing information regarding a transmission

``on demand of other lawful authority.'' The Commission also notes that

it will, on a case-by-case basis, consider requests for confidential

treatment of such information. Moreover, the interconnection

limitations are not tantamount to a restriction on free speech but,

rather, the interconnection limitations are necessary to define the

parameters of multilateration LMS service pursuant to the Commission's

authority under the Communications Act to prescribe the type of service

to be offered by a particular class of radio stations. 47 U.S.C.

Sec. 303(b).

12. The interconnection issues raised by petitioners lead to the

question of whether multilateration LMS is a Commercial Mobile Radio

Service (CMRS). Pursuant to section 332(d) of the Communications Act, a

service is classified as CMRS if it is (1) provided for profit, (2)

interconnected with the PSTN, and (3) available to the public or

effectively available to a substantial portion of the public. In the

CMRS Second Report and Order, GN Docket No. 93-252, 59 FR 1285 (January

10, 1994), the Commission classified LMS as a Private Mobile Radio

Service (PMRS). The Commission indicated, however, that should LMS

systems offer interconnected service in the future, they would be

subject to reclassification as a presumptively Commercial Mobile Radio

Service (CMRS). At this juncture, it is unclear to what extent

multilateration LMS providers will offer any interconnected service,

notwithstanding their ability to offer some limited interconnection

capabilities as discussed above. To accommodate the specific service

offerings anticipated by each multilateration LMS provider, the

Commission will use a case-by-case approach in determining whether a

particular service offering is CMRS or PMRS.

B. Other Issues Raised on Reconsideration

Definition and licensing of nonmultilateration systems antenna

height and power limitations. 13. In the LMS Report and Order, the

Commission limited the peak effective radiated power (ERP) of non-

multilateration systems to 30 watts over the licensee's authorized

bandwidth. The Commission also limited the antenna height above ground

of these systems to 15 meters. The LMS Report and Order concluded that

the power and antenna height restrictions will allow non-

multilateration systems to share spectrum more easily with other non-

multilateration systems and with part 15 users. It also concluded that

the power and antenna height limitations will permit greater frequency

reuse. The Commission continues to believe that the definition and

technical specifications of non-multilateration LMS systems adopted in

the LMS Report and Order reflect a reasoned balancing of the interests

of the various users of the 902-928 MHz band, and no new information

has been introduced into the record of this proceeding to persuade us

otherwise. The restrictions advocated by some of the commenters would

unduly limit non-multilateration operations, jeopardizing future

technological developments that could be crucial to the advancement of

Intelligent Transportation Systems. On the other hand, the higher

limitations suggested by other commenters could increase the potential

for interference within the band. The Commission believes that its

requirements are most conducive to continued sharing of this band, and

thus the Commission declines to modify the power and antenna height

restrictions the Commission adopted in the LMS Report and Order. The

Commission believes that the antenna height and transmitting power

limits in the current rule accommodate most of the common non-

multilateration applications that would be appropriate for operation in

this shared spectrum. However, in the event that unique practical

considerations of a particular installation necessitate a higher

antenna mounting height, the Commission would consider waiving the rule

on a case-by-case basis to allow the higher antenna height (but not

higher power), provided that other comparable technical trade-offs,

such as reduced power or confined antenna radiation patterns, are

employed to limit the interference potential.

Licensing issues. 14. In the LMS Report and Order, the Commission

decided to license non-multilateration LMS systems on a shared basis

because these systems generally cover relatively short distances, and

because of its belief that licensing based on a fixed mileage

separation would limit re-use of spectrum and thereby limit the

potential uses of non-multilateration systems. The Commission declined

to adopt a blanket licensing scheme for non-multilateration systems

whereby, for example, a licensee would be permitted to locate

transmitter sites anywhere within a given geographic area. The

Commission instead decided to require non-multilateration systems to

acquire licenses for each site, concluding that a blanket licensing

approach would make it difficult for the Commission and the public to

ascertain the exact location of LMS transmitters.

15. However, the Commission is persuaded by suggestions from

commenters that it would be administratively expedient to establish a

mechanism by which public agencies and other entities can file joint

applications for non-multilateration systems for purposes of deploying

a single, region-wide system with multiple sites and multiple readers

at individual sites. While the Commission anticipates that this

mechanism will be used primarily by municipalities and government

agencies, the Commission also believes that other entities seeking to

establish multiple-site systems should also be able to use a

streamlined application procedure. The Commission will thus permit

applicants to file a single application for a non-multilateration

license covering multiple sites within a given U.S. Department of

Commerce Bureau of Economic Analysis Economic Area (EA). Such an

application may also be filed jointly by multiple users of a single

system. In order to avoid uncertainty for other users of the band, the

application must identify all planned sites and, after receiving the

license, the licensee must notify the Commission if sites are deleted

or if new sites are added before those sites become operational. The

Commission will revise its rules accordingly. The Commission declines,

however, to revise its rules to specify that the transmissions of non-

multilateration systems are limited to a confined area. The Commission

believes that this could unnecessarily limit such

[[Page 52039]]

systems' flexibility to configure their facilities for particular uses.

Accommodation of secondary users in the 902-928 MHz band. 16. To

accommodate the concerns of part 15 interests regarding their secondary

status vis-a-vis LMS, the LMS Report and Order adopted a ``safe

harbor'' within which part 15 devices may operate without fear of being

deemed to cause interference to LMS operators. Specifically, a part 15

device will, by definition, not be considered to be causing

interference to a multilateration LMS system if it is otherwise

operating in accordance with the provisions of part 15 and meets at

least one of the following conditions:

(a) it is a part 15 field disturbance sensor operating in

compliance with Sec. 15.245 of the rules and it is not operating in the

904-909.750 or 919.750-928.000 MHz sub-bands; or

(b) it does not employ an outdoor antenna; or,

(c) if it does employ an outdoor antenna, then if

(1) the directional gain of the antenna does not exceed 6 dBi, or

if the directional gain of the antenna exceeds 6 dBi, it reduces its

transmitter output power below 1 watt by the proportional amount that

the directional gain of the antenna exceeds 6 dBi; and,

(2) either

(A) the antenna is 5 meters or less in height above ground; or,

(B) the antenna is more than 5 meters in height above ground but

less than or equal to 15 meters in height above ground and either:

(i) adjusts its transmitter output power below 1 watt by 20 log (h/

5) dB, where h is the height above ground of the antenna in meters; or,

(ii) is providing the final link for communications of entities

eligible under subparts B or C of part 90 of the rules.

17. In its Order on Reconsideration in this proceeding, the

Commission denied requests by petitioners that the part 15 safe harbor

instead be treated as a rebuttable presumption, i.e., that LMS

licensees be permitted to file complaints of interference regarding

part 15 devices operating within the safe harbor if the LMS licensees

believe those part 15 devices are causing harmful interference. The

Commission concluded that the safe harbor approach represented an

appropriate balancing of the interests of the various parties sharing

the 902-928 MHz band. In this Memorandum Opinion and Order, the

Commission addresses petitioners' other contentions regarding the safe

harbor. Specifically, petitioners also challenged the technical

parameters of the safe harbor and argued that the Commission acted in

violation of the Administrative Procedure Act (APA), 5 U.S.C. Sec. 551,

et seq. In addition, some petitioners ask that the safe harbor apply to

non-multilateration LMS operators as well as multilateration operators.

Parameters of safe harbor. 18. The Commission believes that the

safe harbor rule, which was adopted after careful study of the

extensive record in this proceeding, appropriately balances the

interests of the various parties operating in the 902-928 MHz band so

as to limit the potential for harmful interference. In the LMS Report

and Order, the Commission affirmed that unlicensed part 15 devices in

the band, as in any other band, may not cause harmful interference to

and must accept interference from all other operations in the band. It

also reiterated that unlicensed part 15 operations have no vested or

recognizable right to continued use of any given frequency.

Nonetheless, the Commission recognized the concerns of part 15 and

amateur interests with respect to their secondary status. Accordingly,

in order to alleviate such concerns and to provide all operators in the

band with a greater degree of certainty in configuring their systems,

thereby promoting competitive use of the band, the Commission adopted

the safe harbor definition of non-interference.

19. The safe harbor rule is intended to identify part 15 and

amateur operations that will, in all cases, be deemed not to cause

harmful interference to LMS operators. The Commission emphasized in the

LMS Report and Order that part 15 and amateur operations are not

restricted from operating beyond the parameters of the safe harbor.

Rather, the safe harbor specifications provide a threshold beyond which

part 15 and amateur operators will not be insulated from LMS operators'

claims of harmful interference. The Commission therefore does not

believe it necessary to add exemptions to the safe harbor as urged by

some petitioners.

20. Moreover, the technical specifications of the rule were clearly

explained in the LMS Report and Order. In general, amateur operators or

part 15 devices using outdoor antennas that are between five and 15

meters above the ground must reduce their output power concomitant with

the height of their antennas in order to fit within the safe harbor.

The Commission observed that an antenna less than five meters in height

driven by a transmitter with one watt or less of output power (the

general power limitation for part 15 devices) will only affect LMS

operations that are geographically close. A higher antenna, however,

has the potential to affect a larger number of LMS operations. The

Commission concluded that the power adjustment assures that between 5

and 15 meters, an outdoor antenna has the equivalent effect on

multilateration LMS operations of an antenna five meters high using no

more than 1 watt transmitter output power. The Commission continues to

believe that these specifications appropriately balance the interests

of all the parties in minimizing interference.

21. The Commission does not believe, as one commenter suggests,

that the term ``final link'' in Sec. 90.361(c)(2)(ii)(B) of the

Commission's rules requires much clarification. The term ``final link''

is that link in a communications system which terminates with the part

15 device used by or within the control of the subpart B or C eligible

entity. The term does not apply to other links in the system used to

support such communications, e.g., intermediate links or links used by

non-subpart B or C entities. Therefore, the Commission declines to

redefine or expand the list of operations included under ``final

link.''

22. The Commission is persuaded by petitioners, however, that the

Commission should expand Sec. 90.361(c)(2)(ii)(B) of the Commission's

Rules to include schools, libraries and rural health care providers

within the safe harbor, permitting them to employ full power with

antennas up to 15 meters. It is apparent from the record that many such

institutions, particularly schools, may wish to use part 15 devices

that operate in this band, as well as similar devices that operate in

the 5 GHz National Information Infrastructure (NII) band, to connect to

the Internet and other on-line resources. The Commission believes that

inexpensive access to the national information infrastructure by its

nation's educational institutions is of sufficiently significant

benefit to the public to warrant special protection for this limited

class of part 15 devices. Further, the universal service provisions of

section 254 of the Communications Act, as amended by the

Telecommunications Act of 1996, single out schools, libraries and

public or nonprofit health care providers serving residents of rural

areas as deserving of special attention so as to enable them to satisfy

their communications needs. 47 U.S.C. Sec. 254. Accordingly, the

Commission will include within the safe harbor elementary and secondary

schools, libraries and health care providers for rural areas as defined

by section 254.

23. Further, the Commission recognizes that unlike part 15 devices,

[[Page 52040]]

the vast majority of which could operate within the safe harbor,

amateur radio operations typically would not fit within the safe harbor

provisions. Nevertheless, to the extent that amateur operators wish to

employ the 902-928 MHz band and to operate within the safe harbor

provisions, they should have the same protection as part 15 devices.

Further, the Commission reiterates that failure to fit within the safe

harbor provisions does not prevent operations; such operations may

continue exactly as before, but are not protected from LMS operators'

claims of interference.

24. In addition, the Commission has been asked to clarify whether

video links are included in the category of ``unprotected'' part 15

devices for purposes of determining eligibility for the safe harbor.

They are not. The LMS Report and Order specifically provided that long-

range video links will not be permitted to take advantage of the safe

harbor. The Commission stated that ``because multilateration entities

concur that most part 15 interference to multilateration LMS systems is

likely to be from field disturbance sensors and long range video links,

the Commission will not make any presumption of interference-free

operations for these devices when they operate in the exclusive-use

bands.'' LMS Report and Order at 4717.

Extend safe harbor to non-multilateration. 25. The Commission has

also been asked to extend the safe harbor definition to non-

multilateration systems. The safe harbor was intended as a way to

reduce interference conflicts between multilateration LMS operators and

part 15 devices and amateur operators in the 902-928 MHz band.

Specifically, it was designed to provide parameters within which a part

15 device or amateur operator could operate without being subject to a

claim that it was interfering with the signal of a multilateration LMS

operator. Because non-multilateration systems generally employ

narrowband technology and operate at lower power levels, it is less

likely that part 15 devices and amateur operators will interfere with

them, as compared with multilateration LMS systems, which use wider

bandwidth emissions and operate at higher power levels. Because the

range of non-multilateration devices is relatively small, there is less

chance of part 15 and amateur radio devices being located within their

area of operation. Moreover, the record does not reveal actual or

potential interference between non-multilateration and part 15 devices.

To the contrary, there appears to be substantial evidence that there is

little likelihood of interference. For these reasons, the Commission

does not believe that it is either necessary or appropriate to extend

the definition of the safe harbor so as to insulate part 15 and amateur

operators from claims of interference by non-multilateration systems.

Administrative Procedure Act. 26. Some petitioners contend that the

Commission's adoption of a safe harbor was a violation of the

Administrative Procedure Act (APA), because it was not proposed in the

Notice in this proceeding and was therefore adopted without the

required notice and opportunity for public comment. The Commission does

not agree that the safe harbor setting forth conditions that will not

be considered harmful interference from amateurs and part 15 devices

violated the APA. The APA requires an agency to provide the public with

``either the terms or the substance of a proposed rule or a description

of the subject and issues involved.'' 5 U.S.C. Sec. 553(B)(3). The APA,

however, ``does not require an agency to publish in advance every

precise proposal which it may ultimately adopt as a rule.'' California

Citizens Band Association v. United States, 375 F.2d 43, 48 (9th

Cir.1967). Rather, the notice is sufficient if the final rule is a

``logical outgrowth'' of the underlying proposal. United Steelworkers

v. Marshall, 647 F.2d 1189, 1221 (D.C. Cir.1980). The Commission

believes that the safe harbor was a logical outgrowth of the Notice of

Proposed Rule Making in this proceeding, PR Docket No. 93-61, 58 FR

21276 (April 20, 1993), which sought comment on ways to accommodate the

various users of the 902-928 MHz band and identified specifically the

problems surrounding coexistence of part 15 and licensed users of the

band. Moreover, the suggestion of a part 15 safe harbor was discussed

in publicly-filed ex parte submissions.

Spectrum Allocation Plan. 27. The LMS Report and Order allocated

the entire 902-928 MHz frequency band for LMS systems, generally

separating multilateration and non-multilateration operations, as

follows:

A: 902.000-904.000 Non-Multilateration

B: 904.000-909.750 Multilateration

C: 909.750-919.750 Non-Multilateration

D: 919.750-921.750 Multilateration and Non-Multilateration

E: 921.750-927.250 Multilateration

F: 927.250-927.500 Narrow band associated with sub-band E

G: 927.500-927.750 Narrow band associated with sub-band D

H: 927.750-928.000 Narrow band associated with sub-band B

Thus, the Commission concluded that bands B and E will be assigned to

multilateration systems. Bands A and C will be assigned to non-

multilateration systems. Band D will be subject to both multilateration

and non-multilateration use. Licensees of bands B, D and E will be

assigned narrow bands H, G and F, respectively. Operators requiring

additional spectrum will be permitted to aggregate bands to obtain up

to eight MHz in a given region through the aggregation of bands D and G

and bands E and F. The Commission concluded that licensees may not

otherwise be authorized to operate on more than one of the

multilateration bands in a given geographic area.

28. As the Commission stated in the LMS Report and Order, the

Commission believes that both multilateration and non-multilateration

LMS systems will play an important role in achieving a nationwide

intelligent highway infrastructure. The Commission accordingly devised

a band plan that, for the most part, creates separate allocations for

the two types of LMS systems and takes into consideration the

interference concerns of non-LMS users of the 902-928 MHz band. Upon

review of parties' responses to its Notice of Proposed Rule Making in

this proceeding, however, the Commission decided to allocate the 2 MHz

of subband D to be shared by multilateration and non-multilateration

users so as to provide non-multilateration users with the possibility

of obtaining additional contiguous spectrum.

29. The Commission does not agree with comments that its band plan

was illogical or that sharing between multilateration and non-

multilateration operators is not feasible. Because the Commission

agrees that it is preferable that multilateration and non-

multilateration facilities do not operate in the same spectrum, the

Commission adopted a band plan that, for the most part, allocated

separate blocks of spectrum for multilateration and non-multilateration

systems. Its modification to the proposed band plan represented an

effort to respond to the concern that some non-multilateration systems

might need additional spectrum, without taking any spectrum away from

multilateration users. The Commission concluded that it would be

appropriate to permit those few multilateration users the opportunity

to obtain additional spectrum by permitting them to share the 2 MHz of

subband D.

30. In addition, the Commission declines to adopt the proposal that

it allocate an additional 2 MHz of contiguous spectrum for non-

[[Page 52041]]

multilateration providers. The Commission believes that the band plan

adopted in the LMS Report and Order appropriately balances the needs

and interests of multilateration and non-multilateration operators, as

well as part 15 and amateur users of the band. For this reason, the

Commission also declines to adopt exclusive subbands for parties

willing to time share, or for part 15 users. Doing so would upset the

equilibrium among users of the band. Such an allocation would also

ignore the secondary status of part 15 providers in that it would

afford unlicensed devices co-primary status vis-a-vis licensed

operators.

Geographic areas for exclusive licenses. 31. Rand McNally organizes

the 50 states and the District of Columbia into 47 Major Trading Areas

(MTAs) and 487 Basic Trading Areas (BTAs). In the LMS Report and Order,

the Commission concluded that MTAs and fits additional MTA-like service

areas provide a more suitable regulatory construct for multilateration

licensing than the smaller BTAs. The Commission determined that use of

MTAs, as defined in the Rand McNally Commercial Atlas and Marketing

Guide, will give systems greater capacity to accommodate large number

of prospective users which, in turn, will promote competition and

encourage advancement of new technologies. The rules adopted in the LMS

Report and Order provide for one exclusive multilateration system

license in each MTA in each of the sub-bands identified for exclusive

assignments (B and H, D and G, E and F).

32. After a thorough review of the record in this proceeding and

upon further reflection regarding this issue, the Commission concludes

that the relevant geographic areas for multilateration LMS licenses

should be based on U.S. Department of Commerce Bureau of Economic

Analysis Economic Areas (EAs). There are 172 EAs covering the

continental United States.

33. Because EAs have not been established for the five U.S.

possessions (Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin

Islands, American Samoa), the Commission will create additional

licensing regions for systems operating in these territories as well as

for the Gulf of Mexico. Specifically, the Commission will designate the

following additional licensing regions: (1) Guam and the Northern

Mariana Islands (to be licensed as a single area); (2) Puerto Rico and

the U.S. Virgin Islands (to be licensed as a single area); and (3)

American Samoa. In addition, Alaska will be licensed as a single area.

The Commission believes that EAs are large enough to give systems

sufficient capacity to accommodate large numbers of prospective users,

which will promote competition, encourage new technologies and result

in superior service to the public. At the same time, EAs are small

enough to alleviate any BTA/MTA warehousing concerns noted in the

comments. Further, use of smaller geographic units could result in a

more diverse group of prospective licensees because EA-based licenses

may be more affordable for small and medium-sized businesses than would

MTA-based licenses. The Commission concludes that such an outcome not

only is desirable but furthers the public interest and one of the goals

enunciated in section 309(j) of the Communications Act. 47 U.S.C.

309(j). Moreover, EAs are better suited than MTAs to a service aimed at

improving the nation's transportation infrastructure because EAs are

based on urban, suburban and rural traffic patterns. Further, use of

EAs solves the copyright problem raised by Rand McNally, because EAs

are published by the U.S. Department of Commerce.

Multilateration system operations--wideband forward links

34. In the LMS Report and Order the Commission allowed LMS

multilateration systems to use wideband forward links. A forward link

refers to the signal path from the LMS system's fixed base site to its

mobile units. The Commission noted that unlike a narrowband forward

link, a wideband forward link can operate over a multilateration

system's entire authorized sub-band. This concerned part 15 interests,

who, the Commission pointed out, opposed authorization of wideband

forward links because they believed that wideband forward links are

likely to cause interference to part 15 devices. The Commission

emphasized that grant of multilateration licenses will be conditioned

on the applicant's ability to demonstrate through field testing that

its system does not cause unacceptable levels of interference to part

15 devices. It also limited the maximum power of wideband forward links

to 30 watts ERP.

35. The Commission believes that elimination of wideband forward

links would preclude certain LMS technology options from being

developed, to the detriment of consumers. At the same time, the

Commission continues to believe that the power limitation of 30 watts

ERP is necessary and appropriate to minimize interference to other

operators sharing the 902-928 MHz band. As the Commission noted in the

LMS Report and Order, limiting base and mobile stations' power levels

will lessen the potential for interference between co-channel

multilateration systems and will reduce the likelihood of interference

to other operations in the 902-928 MHz band. Further, pre-authorization

testing will be a condition on the license of multilateration LMS

operators seeking to employ wideband forward links. The Commission does

not agree with with comments that adoption of a duty cycle limitation

would allow increased power for wideband forward links without

increasing the interference potential. With wideband forward link

technology, each vehicular unit to be located must be able to receive

transmissions from at least four different forward link transmitters.

These transmitters operate sequentially, passing a ``token'' packet.

Consequently, although a duty cycle limitation could be applied to each

individual forward link transmitter, considered collectively, there

would almost always be at least one transmitter transmitting in an area

at any given time. Taking into consideration the greater range of a

base transmitter, as compared to a mobile transmitter, and the amount

of spectrum occupied by the wideband forward link, the Commission

believes allowing higher power for wideband forward links would

unacceptably increase band congestion.

36. Also, the Commission declines to permit grandfathered systems

to deploy additional transmitters on the basis of a 30-mile radius. The

rationale for this is essentially to allow comparable coverage for its

particular technology as compared to technologies using narrowband

forward links. The Commission has found that, in the 902-928 MHz band,

it is necessary to have a common set of technical limits in order to

facilitate co-occupancy among the various band users. Each different

technology operating within these limits, however, will likely have

advantages and disadvantages as compared to the others, including the

matter of coverage. The Commission does not have sufficient experience

with operating LMS systems to craft a rule that would be appropriate

for all potential LMS technologies. To the extent that grandfathered

systems seek to add fill-in sites that do not increase their coverage

footprint, the Commission believes such requests should be handled on a

case-by-case basis.

37. The comments have raised the issue of whether LMS technology

may be used to track individuals as well as vehicles. The rules adopted

in the LMS Report and Order permit a

[[Page 52042]]

multilateration LMS system to provide non-vehicular location services

as long as the system's primary operations involve the provision of

vehicle location services. 47 CFR 90.353(a)(7). The Commission does not

share the concern that LMS will become a paging service. The rule

clearly provides that such non-vehicular location functions may not be

an LMS operation's primary function. To afford multilateration LMS

operators maximum flexibility in designing their systems, the

Commission also declines to adopt a specific cap on non-vehicular

location services. Non-multilateration LMS operators, on the other

hand, are specifically prohibited from offering non-vehicular location

services. The Commission adopted this restriction because the spectrum

occupied by non-multilateration LMS operators has a heavier

concentration of amateur radio operators, part 15 devices and federal

government radiolocation operations than do other portions of the band.

The Commission continues to believe that this approach minimizes the

potential for interference and the Commission therefore declines to

revise its rules.

Petitions for reconsideration of Order on Reconsideration. 38. On

May 30, 1996, three parties filed petitions for reconsideration of the

Order on Reconsideration, which, as noted above, had resolved certain

issues regarding grandfathering of existing LMS systems that had been

raised on reconsideration of the LMS Report and Order. Those

petitioners, Amtech Corporation, Pinpoint Communication Networks, Inc.,

and Teletrac License, Inc., seek reconsideration of different aspects

of the Order on Reconsideration. For the reasons detailed below, each

of these petitions is denied, except that the Commission will make a

technical correction to the rules requested by Amtech.

39. Amtech Petition. Amtech, a non-multilateration LMS provider,

asserts that the Commission should revise the emission mask

specifications of section 90.209 as applied to transmitters with less

than two watts output power. Specifically, Amtech proposes that the

attenuation for out-of-band emissions produced by non-multilateration

transmitters of two watts or less be specified as 43+10 Log(P) rather

than 55+10 Log(P). Amtech contends that it has employed this limit for

a number of years and that it is the same limit applied in other

contexts for systems that can have greater height and power than non-

multilateration systems. Amtech argues that use of the stricter 55+10

Log(P) standard imposes significant costs and is not necessary due to

the limited interference potential of non-multilateration systems. The

Commission is not persuaded that Amtech has presented sufficient

evidence to support its contention that the standard adopted in the LMS

Report and Order is overly restrictive. The Commission continues to

believe that that standard is the most appropriate given the disparate

users of the 902-928 MHz band.

40. Amtech also urges the Commission to revise the relevant

emission mask rule (formerly section 90.209, now section 90.210) to

conform with the rule as originally adopted in the LMS Report and

Order, wherein the attenuation applied at the edge of the licensee's

LMS subband rather than at the edge of the ``authorized bandwidth.''

The Commission did not intend in the Order on Reconsideration to revise

the emission mask for non-multilateration LMS licensees and the

Commission will make appropriate changes to section 90.210 to make that

clear.

41. Pinpoint Petition. Pinpoint, a multilateration LMS licensee,

takes issue with the statement in the Order on Reconsideration that

[T]he Commission seeks to ensure not only that part 15 operators

refrain from causing harmful interference to LMS systems, but also that

LMS systems are not operated in such a manner as to degrade, obstruct

or interrupt part 15 devices to such an extent that part 15 operations

will be negatively affected.

Pinpoint contends that this language is inconsistent with part 15

devices' secondary status in the LMS band and that it constitutes a

``new standard'' with respect to LMS operators' obligations vis-a-vis

part 15 devices. Pinpoint argues that this ``new standard'' conflicts

with the statement in the LMS Report and Order that unlicensed part 15

devices ``may not cause harmful interference to and must accept

interference from all other operations in the band.''

42. The language in the Order on Reconsideration cited by Pinpoint

does not mean that part 15 devices are entitled to protection from

interference. They are not. Rather, the Commission was explaining its

decision to place a testing condition on multilateration LMS licenses.

The purpose of the testing condition is to insure that multilateration

LMS licensees, when designing and constructing their systems, take into

consideration a goal of minimizing interference to existing deployments

or systems of part 15 devices in their area, and to verify through

cooperative testing that this goal has been served.

43. Teletrac Petition. Teletrac seeks reconsideration of the

restriction in Sec. 90.363(a) of the Commission's Rules, originally

adopted in the LMS Report and Order and affirmed in the Order on

Reconsideration, that limits site relocation for grandfathered LMS

licensees to within two kilometers of their authorized site. Teletrac

submits that removing this restriction would be in the public interest

because it would permit grandfathered multilateration LMS operators to

improve the efficiency of their systems. The Commission is not

persuaded that Teletrac has raised any new arguments to justify its

further reconsideration of this rule. The Commission notes that it has

granted Teletrac waivers of this rule with respect to three specific

sites.

44. Teletrac also urges the Commission to clarify that the part 15

safe harbor only applies to part 15 operations authorized pursuant to

the part 15 rules in effect at the time the safe harbor rule was

adopted. Teletrac submits that the presumption of non-interference in

the safe harbor rule assumes that the part 15 rules as they existed

when the safe harbor rule was adopted will remain in place. Teletrac

notes that the Commission has proposed changes to the rules. Since the

time Teletrac raised this point, the Commission has adopted changes to

the part 15 rules. The Commission does not believe that the modified

rules conflict with the safe harbor. Amendment of parts 2 and 15 of the

Commission's Rules Regarding Spread Spectrum Transmitters, Report and

Order, ET Docket 96-8, 62 FR 26239 (May 13, 1997). To the extent

Teletrac continues to have concerns that the new rules are incompatible

with the safe harbor, it should detail those concerns with the

Commission.

II. Procedural Matters

Ex Parte Rules--Non-Restricted Proceeding

45. This is a non-restricted notice and comment rulemaking

proceeding. Ex parte presentations are permitted, except during the

Sunshine Agenda period, provided they are disclosed as provided in

Commission Rules. See generally 47 CFR 1.1202, 1.1203, 1.1206.

Final Regulatory Flexibility Analysis

46. The Final Regulatory Flexibility Analysis for this Memorandum

Opinion and Order, as required by section 604 of the Regulatory

Flexibility Act of 1980, 5 U.S.C. Secs. 604, is as follows:

Need For and Purpose of the Action

47. The revised rules adopted in this Memorandum Opinion and Order

will enhance use of the 902-928 MHz band

[[Page 52043]]

for the Location and Monitoring Service. The revised rules will create

a more stable environment for LMS licensees and will provide much

needed flexibility for operators of such systems. The two changes made

to the LMS rules in this item (1) change the basis for wide-area

licensing of LMS systems to EAs rather than MTAs, and (2) add schools,

libraries and rural health care providers to the list of entities

exempt from the antenna height and operating power requirements of the

part 15 safe harbor.

48. Issues raised in response to the IRFA: No comments were

submitted in response to the IRFA.

49. Description and number of small entities involved: The

Commission has not adopted a definition of small business specific to

LMS systems, which are defined in Sec. 90.7 of the Commission's Rules.

Accordingly, we will use the SBA's definition applicable to

radiotelephone companies, i.e., an entity employing fewer than 1,500

persons. We anticipate that most LMS licensees will fit the definition

of small business provided by the SBA. No auctions have been held for

the LMS service.

The Commission expects to award three licenses in each of 176 EAs

or EA-like areas, for a total of 528 licenses.

50. Reporting, recordkeeping and other compliance requirements: The

rules adopted in this do not impose any additional reporting,

recordkeeping, or other compliance requirements.

51. Steps taken to minimize burdens on small entities: This

Memorandum Opinion and Order concludes that the relevant geographic

areas for multilateration LMS licenses should be based on U.S.

Department of Commerce Bureau of Economic Analysis Economic Areas (EAs)

rather than Major Trading Areas (MTAs). The record indicates that

existing and planned multilateration systems better approximate an EA

than the geographically larger MTA. Use of smaller geographic units

could ultimately result in a more diverse group of prospective bidders

by creating more opportunities for small businesses. The Memorandum

Opinion and Order also modifies the ``part 15 safe harbor'' by

expanding the list of entities exempt from applicable height and power

restrictions, to include health care providers in rural areas, schools

and libraries. In many instances, the rooftop antennas of these

entities would not fit within the parameters of the safe harbor. The

record of this proceeding indicates that such institutions use part 15

technology as a low-cost means to connect to the Internet and other

valuable on-line resources; this rule change would facilitate their

ability to do so without raising concerns about interference to LMS

providers in the same area.

52. Significant alternatives considered and rejected: The

Memorandum Opinion and Order considers the remaining issues raised in

petitions for reconsideration of the Report and Order in PR Docket No.

93-61 that established licensing and operational rules for the Location

and Monitoring Services (LMS). An Order on Reconsideration adopted in

March 1996 resolved a limited set of issues relating to rights and

obligations of existing multilateration LMS licensees. This Memorandum

Opinion and Order resolves the remaining issues raised by petitioners.

The Memorandum and Order concludes that restrictions on the ability of

multilateration LMS licensees to offer interconnected service should be

maintained to minimize interference between LMS and part 15 and amateur

operations. The Memorandum Opinion and Order also denies requests that

antenna height and power limitations for non-multilateration operators

be either relaxed or further restricted, and denies a request that we

adopt a blanket authorization procedure for extensive non-

multilateration LMS systems licensed to local government or public

safety eligibles.

53. In addition, the Memorandum Opinion and Order denies requests

to modify the ``safe harbor'' provisions for part 15 devices and

amateur operators, and denies requests to extend the definition of the

safe harbor to apply to claims of interference by non-multilateration

systems. The Memorandum Opinion and Order does, however, adopt a rule

provision specifically including schools, libraries and rural health

care providers within the safe harbor regardless of their antenna

height and operating power. The item also denies requests to change the

band plan for LMS, but does conclude that multilateration LMS systems

will be licensed on an EA basis rather than an MTA basis. Finally, the

Memorandum Opinion and Order denies requests that wideband forward

links be prohibited.

54. Report to Congress: The Commission shall send a copy of this

Final Regulatory Flexibility Analysis with this Memorandum Opinion and

Order in a report to Congress pursuant to section 251 of the Small

Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.

Sec. 801(a)(1)(A).

55. Paperwork Reduction. This matter has been analyzed with respect

to the Paperwork Reduction Act of 1995 and was found to impose no new

or modified information collection requirement on the public.

Implementation of any new or modified requirement will be subject to

approval by the Office of Management and Budget, as prescribed by the

Act.

III. Ordering Clauses

56. It is ordered that, pursuant to the authority of Sections 4(i),

302, 303(r), and 332(a)(2) of the Communications Act of 1934, as

amended, 47 U.S.C. Secs. 154(i), 302, 303(r), and 332(a), the rule

changes specified in this Memorandum Opinion and Order are adopted.

57. It is further ordered that the rule changes set forth in this

Memorandum Opinion & Order will become effective December 5, 1997.

58. It is further ordered that the petitions for reconsideration

filed by the parties listed in the original text of the Memorandum

Opinion & Order are granted to the extent discussed herein, and are

otherwise denied.

59. It is further ordered that the petitions for reconsideration of

the Order on Reconsideration filed by Pinpoint Communication Networks,

Inc. and Teletrac License, Inc., are denied.

60. It is further ordered that the petition for reconsideration of

the Order on Reconsideration filed by Amtech Corporation is granted to

the extent specified herein and is otherwise denied.

List of Subjects in 47 CFR Part 90

Common carriers, Radio, Reporting and recordkeeping requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 90 of Chapter I of Title 47 of the Code of Federal Regulations

is amended as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

1. The authority citation for part 90 continues to read as follows:

Authority: Secs. 4, 251-2, 303, 309, and 332, 48 Stat. 1066,

1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 332, unless

otherwise noted.

2. The heading for subpart M of part 90 is revised to read

``Intelligent Transportation Systems Radio Service.''

3. Section 90.7 is amended by revising the definition for ``EA-

based or EA license'' to read as follows:

Sec. 90.7 Definitions.

* * * * *

[[Page 52044]]

EA-based or EA license. A license authorizing the right to use a

specified block of SMR or LMS spectrum within one of the 175 Economic

Areas (EAs) as defined by the Department of Commerce Bureau of Economic

Analysis. The EA Listings and the EA Map are available for public

inspection at the Wireless Telecommunications Bureau's public reference

room, Room 5608, 2025 M Street, NW, Washington, DC 20554 and Office of

Operations--Gettysburg, 1270 Fairfield Road, Gettysburg, PA 17325.

* * * * *

4. Section 90.155 is amended by revising paragraph (d) to read as

follows:

Sec. 90.155 Time in which station must be placed in operation.

* * * * *

(d) Multilateration LMS systems authorized in accordance with

Section 90.353 must be constructed and placed in operation within

twelve (12) months from the date of grant or the authorization cancels

automatically and must be returned to the Commission. EA-licensed

multilateration LMS systems will be considered constructed and placed

in operation if such systems construct a sufficient number of base

stations that utilize multilateration technology (see paragraph (e) of

this section) to provide multilateration location service to at least

\1/3\ of the counties in the EA.

* * * * *

5. Section 90.210 is amended by revising paragraph (k)(3) and

adding paragraph (k)(6) to read as follows:

Sec. 90.210 Emission masks.

* * * * *

(k) * * *

(3) Other transmitters. For all other transmitters authorized under

Subpart M, the peak power of any emission shall be attenuated below the

power of the highest emission contained within the licensee's LMS sub-

band in accordance with the following schedule:

(i) On any frequency within the authorized bandwidth: Zero dB;

(ii) On any frequency outside the licensee's LMS sub-band edges:

55+10log(P) dB where (P) is the highest emission (watts) of the

transmitter inside the licensee's LMS sub-band.

* * * * *

(6) The LMS sub-band edges for non-multilateration systems for

which emissions must be attenuated are 902.00, 904.00, 909.5 and 921.75

MHz.

Sec. 90.350 [Amended]

6. Section 90.350 is amended by replacing the two occurrences of

the phrase ``Transportation Infrastructure Radio Service'' with

``Intelligent Transportation Systems Radio Service.''

7. Section 90.353 is amended by revising paragraphs (d), (e) and

(f) and by adding paragraph (i) to read as follows:

Sec. 90.353 LMS operations in the 902-928 MHz band.

* * * * *

(d) Multilateration LMS systems will be authorized on a primary

basis within the bands 904-909.75 MHz and 921.75-927.25 MHz.

Additionally, multilateration and non-multilateration systems will

share the 919.75-921.75 MHz band on a co-equal basis. Licensing will be

on the basis of Economic Areas (EAs) for multilateration systems, with

one exclusive EA license being issued for each of these three sub-

bands. Except as provided in paragraph (f) of this section,

multilateration EA licensees may be authorized to operate on only one

of the three multilateration bands within a given EA. Additionally, EA

multilateration LMS licenses will be conditioned upon the licensee's

ability to demonstrate through actual field tests that their systems do

not cause unacceptable levels of interference to 47 CFR part 15

devices.

(e) Multilateration EA-licensed systems and grandfathered AVM

systems (see Sec. 90.363) are authorized on a shared basis and must

cooperate in the selection and use of frequencies in accordance with

Section 90.173(b).

(f) Multilateration EA licensees may be authorized to operate on

both the 919.75-921.75 MHz and 921.75-927.25 MHz bands within a given

EA (see Sec. 90.209(b)(10)).

* * * * *

(i) Non-multilateration LMS licenses will be issued on a site-by-

site basis, except that municipalities or other governmental operatives

may file jointly for a non-multilateration license covering a given

U.S. Department of Commerce Bureau of Economic Analysis Economic Area

(EA). Such an application must identify all planned sites. After

receiving the license, the non-multilateration EA licensee must notify

the Commission if sites are deleted or if new sites are added, before

those sites may be put into operation.

8. Section 90.359 is revised to read as follows:

Sec. 90.359 Field strength limits for EA-licensed LMS systems.

EA-licensed multilateration systems shall limit the field strength

of signals transmitted from their base stations to 47 dBuV/m at their

EA boundary.

9. Section 90.361 is amended by revising the introductory text and

paragraph (c)(2)(ii)(B) to read as follows:

Sec. 90.361 Interference from part 15 and Amateur operations.

Operations authorized under Parts 15 and 97 of this chapter may not

cause harmful interference to LMS systems in the 902-928 MHz band.

These operations will not be considered to be causing harmful

interference to a multilateration LMS system operating in one of the

three EA sub-bands (see Sec. 90.357(a)) if they are non-video links

operating in accordance with the provisions of Parts 15 or 97 of this

chapter and at least one of the following conditions are met:

* * * * *

(c) * * *

(2) * * *

(ii) * * *

(B) Is providing the final link for communications of entities

eligible under subpart B or C of this Part, or is providing the final

link for communications of health care providers that serve rural

areas, elementary schools, secondary schools or libraries.

[FR Doc. 97-26415 Filed 10-3-97; 8:45 am]

BILLING CODE 6712-01-P