Private Land Mobile Radio Services

Federal RegisterJan 15, 1997

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket Nos. 92-235 and 92-257; FCC 96-492]

Private Land Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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SUMMARY: The Commission has adopted a Memorandum Opinion and Order

(MO&O) which addresses issues and concerns raised in twenty-four

petitions, five oppositions, and three replies, requesting that we

reconsider or clarify various decisions and technical rules adopted in

the Report and Order (R&O) in PR Docket No. 92-235. This MO&O also

addresses a petition for reconsideration filed in PR Docket No. 92-257

regarding the shared use of industrial/land transportation and maritime

public correspondence frequencies. Consistent with our objective of

increasing the efficiency of the PLMR frequency bands this MO&O

clarifies our decisions in the R&O, and where necessary, makes

appropriate modifications to the rules. This MO&O maintains the channel

plan adopted in the R&O, but also permits frequency coordinators to

recommend frequencies for any technology with lesser bandwidth,

provided that interference is not caused to other systems.

Additionally, the Commission extends the first transition date for the

type acceptance of narrowband equipment from August 1, 1996, to

February 14, 1997, and retains the second transition date of January 1,

2005. Further, the Commission clarifies the rules regarding type

acceptance to provide greater flexibility for manufacturers to support

existing equipment and, where appropriate, to provide alternatives to

our efficiency standards. Finally, the Commission clarifies a variety

of technical rules including, but not limited to, those pertaining to

new power/antenna height limits, the emission mask, and frequency

stability requirements.

EFFECTIVE DATE: February 14, 1997.

FOR FURTHER INFORMATION CONTACT: Ira Keltz of the Wireless

Telecommunications Bureau at (202) 418-0680 or via E-Mail at

[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's

Memorandum Opinion and Order, FCC 96-492, adopted December 23, 1996,

and released December 30, 1996. The full text of this Memorandum

Opinion and Order is available for inspection and copying during normal

business hours in the FCC Reference Center (Room 239) 1919 M Street,

NW, Washington, DC. The complete text may be purchased from the

Commission's copy contractor, ITS, Inc., 2100 M Street NW, Suite 140,

Washington, DC 20037, telephone (202) 857-3800.

Summary of Order

1. The R&O (60 FR 37152, July 19, 1995) provided the private land

mobile radio (PLMR) community with a regulatory framework that promotes

efficient use of spectrum, increases technical flexibility, enhances

the deployment of new technologies, and promotes a competitive and

robust marketplace for product development. In this action, the

Commission clarifies its decisions in the R&O and where necessary,

makes appropriate modifications to the rules.

2. In the R&O, the Commission adopted a channel plan based on 7.5

kHz channel spacing in the 150-174 MHz VHF band and 6.25 kHz channel

spacing in the 421-430 MHz, 450-470 MHz, and 470-512 MHz UHF bands.

Flexibility is provided to licensees by permitting them to aggregate up

to four narrowband channels to employ spectrum efficient wideband

technology. Additionally, licensees are provided with a simple

migration path because they will be able to remain on their currently

assigned center frequencies and can continue to use existing equipment

while they upgrade to new equipment.

3. Several petitioners ask the Commission to reconsider the new

channel plan and instead adopt a channel plan based on 5 kHz channel

spacing claiming that the Commission's

[[Page 2028]]

decision to space channels at 7.5 kHz creates inefficient ``white

spaces'' in the VHF band. Additionally, they assert that the ability to

use wideband equivalent technologies by aggregating narrowband channels

is not taken into account in our rationale for rejecting 5 kHz spacing.

We disagree with these petitioners. In a 5 kHz channel plan, a user

would need to identify three contiguous channels to obtain a 12.5 kHz

channel, but only two are required in the adopted plan. Thus, the

adopted plan eases the transition for current users who desire to

implement a two-step transition to narrowband through 12.5 kHz

equipment. Petitioners also assert that inefficient white spaces are

created by our adopted channel plan, since 12.5 kHz VHF equipment would

actually use 15 kHz of spectrum by aggregating two 7.5 kHz VHF

channels. However, to use 12.5 kHz equipment in a plan based on 5 kHz

channels would also require licensees to use 15 kHz of spectrum because

they would have to aggregate three 5 kHz channels. In the UHF band,

12.5 kHz equipment also would use 15 kHz of spectrum in a 5 kHz channel

plan, but only 12.5 kHz of spectrum in the adopted plan. Furthermore, a

5 kHz channel plan would require users who choose to implement 6.25 kHz

equipment to acquire the same 15 kHz of spectrum needed for 12.5 kHz

equipment. Thus, a 5 kHz channel plan would create as much or more

white space than the adopted channel plan.

4. Consequently, we conclude that our adopted 7.5/6.25 kHz channel

plan is more flexible than a 5 kHz plan because it will accommodate

users of 25, 12.5, 6.25, and 5 kHz equipment while accomplishing our

goal of increasing spectrum efficiency. Further, this channel plan

creates a flexible migration path, which is considered a critical

factor by current users. For these reasons, we decline to modify the

channel plan as adopted in the R&O. However, we are mindful of the fact

that some users may want to implement 5 kHz technology within their

existing 25 kHz bandwidth. Such a channelization, however, would

require the licensee to deviate from the adopted band plan. Therefore,

we will permit frequency coordinators to recommend frequencies

inconsistent with the adopted band plan, for any technology, including

5 kHz, provided that such a system will not cause harmful interference

to any existing system.

5. In the R&O, we decided to manage the transition to narrowband

channels through the type acceptance process. This decision requires

that new equipment type accepted after August 1, 1996, and January 1,

2005, meet specified efficiency guidelines. We note, however, that this

approach does not impose a strict transition timetable upon individual

users.

6. Petitioners argue that the conversion timetable for the type

acceptance of narrowband equipment is too short and fails to account

for normal product development cycles. They recommend that the first

transition date be extended to August 1, 1998, and that the second

transition date be extended to January 1, 2014. Other petitioners

oppose this request stating that such action is not necessary because

the R&O does not mandate the production or use of any particular type

of technology according to a fixed timetable.

7. As noted, the transition dates established in the R&O do not

require manufacturers to take any specific action. Consequently, we

believe it is unnecessary to make extensive changes to the adopted

transition dates and, thus, deny the request to do so. Additionally, we

note that a number of manufacturers have already type accepted

equipment that is compliant with the new rules. However, in

consideration of the time elapsed between the R&O and adoption of this

MO&O, and because this MO&O modifies rules which affect the type

acceptance of equipment, we are extending the first transition date

from August 1, 1996, to February 14, 1997. Additionally, to remove the

uncertainty in trying to anticipate the amount of time necessary to

attain a type acceptance grant, we are amending 47 CFR 90.203 to

clarify that the transition dates refer to type acceptance application

filing deadlines, rather than type acceptance grants.

8. The Association of Public-Safety Communications Officials-

International, Inc. asks that we reconsider our decision not to adopt

specific transition deadlines for public safety users. We decline to

adopt such dates. The imposition of a mandate on any user, particularly

public safety entities, to replace existing equipment and systems, is

contrary to one of our basic goals in this proceeding of providing

maximum flexibility to individual users. Also, since public safety

entities are funded by local tax dollars, and are often constrained by

limited financial resources, subjecting these entities to such a

mandate could be unduly burdensome. Further, in light of the work of

the Public Safety Wireless Advisory Committee and the Commission's

overall evaluation and assessment of public safety wireless

communications in WT Docket No. 96-86 (61 FR 25185, May 20, 1996), it

would be premature at this time to make decisions regarding transition

dates for public safety users.

9. In the R&O, we adopted spectrum efficiency standards that

require at least one voice channel per 12.5 kHz of channel bandwidth

for equipment type accepted after August 1, 1996, and at least one

voice channel per 6.25 kHz of channel bandwidth for equipment type

accepted after January 1, 2005. Additionally, after August 1, 1996,

equipment designed for data operation must be capable of supporting a

minimum data rate of 4800 bits per second per 6.25 kHz of bandwidth.

10. Several petitioners request that the type acceptance rules be

amended to allow alternative showings of spectrum efficiency for low

power frequency reuse systems. We agree with the petitioners that there

is a place within the PLMR environment for spectrum efficient low-

power, frequency reuse systems. However, we will not alter the

efficiency standard. instead, we will exempt all transmitters that

operate with less than 500 mW output power from the bit rate

requirement for type acceptance. Additionally, we will provide

manufacturers with additional flexibility to design spectrally

efficient transmitters. The Commission's Equipment Authorization

Division may, on a case by case basis, grant type acceptance to

equipment with slower bit rates than specified in 47 CFR 90.203(j)(3)

and 47 CFR 90.203(j)(5), provided that an acceptable technical analysis

is submitted with the application which demonstrates that the slower

data rate will provide more spectral efficiency than the standard data

rate.

11. Some petitioners asked that we clarify the distinction between

digital voice and data. In this connection, we refer to the definitions

in 47 CFR part 2. Radios type accepted for telephony must meet the

voice channel standard, and those type accepted for telegraphy or

telemetry must meet the data rate standard. Further radios that are

type accepted for both telephony and telegraphy or telemetry must meet

both standards. Additionally, because 47 CFR 90.207(b) allows stations

authorized for telephony to use emissions for telecommand, the

telecommand function of such radios will not be subject to the data

rate standard. Also, because transmissions made via modem through the

external microphone port of an analog radio are limited to audio, the

data rate standard will not be applied to such uses. Finally, we

clarify that the spectrum efficiency requirements imposed by the R&O do

not apply to paging systems.

[[Page 2029]]

12. In the R&O, we adopted new power and antenna height limitations

based on ``safe harbor'' tables submitted by the Land Mobile

Communications Council (LMCC). These new limits allow various

combinations of effective radiated power (ERP) and antenna height above

average terrain (HAAT) based upon the size of an applicant's desired

service area and the applicant's operating frequency. In general, the

rules allow for a maximum ERP of 500 watts and maximum service area

radii of 40 km in the VHF band and 32 km in the UHF band. The rules

state that larger areas, up to 80 km, will be authorized provided that

the applicant demonstrates that the requested station parameters will

not produce coverage in excess of that which is required. However,

areas larger than 80 km will be authorized on a secondary basis.

Finally, these new rules only apply to new stations, which were defined

as stations not functionally integrated with an earlier-installed

system.

13. Several petitioners argue that special separation criteria

should be developed for systems that operate in the 150-174 MHz and

421-512 MHz bands under conditions of extreme terrain, that a

streamlined process for deviating from the power/antenna height tables

be considered for applicants that operate in areas of non-uniform

terrain, that applicants be permitted to use any commonly accepted

propagation model to demonstrate radio system coverage, and that a

formal waiver not be required for such requests.

14. We agree that special consideration should be given to the

power/antenna heights in areas of extreme terrain. We recognize that in

these areas, average terrain calculations may not provide accurate

depictions of the actual terrain over which a system will operate and

therefore our tables may not provide an appropriate antenna height/

power combination for a desired service area size. We are modifying 47

CFR 90.205(d)(2) and 47 CFR 90.205(g)(2) to reflect that applicants may

deviate from the tables when operating in areas of non-uniform terrain.

Additionally, the rules allow the use of generally accepted engineering

practices and standards, including models that are widely accepted by

the engineering community, as producing outputs representative of real

world results. Applicants who demonstrate special circumstances (e.g.

extreme terrain conditions or need for a larger service area) will not

be required to submit a waiver request to the Commission. Rather, the

required engineering analysis should be submitted to the frequency

coordinator and as an attachment to the license application, FCC Form

600. Additionally, a waiver request will be unnecessary for applicants

who request service areas greater than 40 km in the VHF band and 32 km

in the UHF band. These applications, however, pursuant to footnote 4 in

Tables 1 and 2 of 47 CFR 90.205, must be accompanied by a justification

for the larger service area and include a technical analysis

demonstrating that the signal strength at the edge of the service area

is within the specified guidelines. Additionally, we will allow

applicants to exceed the reference antenna height limits if they

correspondingly lower their power.

15. Petitioners seek clarification of the rules that would classify

all base stations with service areas greater than 80 km as secondary

arguing that certain geographic areas, particularly in western regions,

warrant special consideration because the terrain in those areas

provide few suitable transmitter sites.

16. We note that licensees who need to communicate over large

distances generally employ systems that make extensive use of mobile

relay stations, which are afforded the protection of primary status

under our rules. Because mobile relay stations would typically be

within 80 km of another base station, primary status would be conferred

on the entire area that a licensee needs to cover. We believe that

coverage areas up to 80 km around a single base station will serve the

vast majority of licensees and are modifying 47 CFR 90.205(d)(3) and 47

CFR 90.205(g)(3) to confer primary status for communications within 80

km from a base station. We also recognize that some licensees'

operations may require primary status within a region larger than 80

km. Because we anticipate that a limited number of licensees will have

such needs, we will entertain waiver requests for those instances where

a licensee requests coverage by one base station for an area greater

that 80 km.

17. Many petitioners seek clarification on what constitutes a new

station. As a general matter, we elected to exempt existing stations

from complying with the power/antenna height tables adopted in the R&O

in order to afford licensees flexibility to modify, expand, or upgrade

their facilities without adversely affecting their current operations.

47 CFR 90.135 provides examples of permissible modifications to

authorized stations. Stations that modify their existing authorization

in accordance with one of the listed modifications will not be subject

to the new power/antenna height rules. We decline to grant a request to

characterize the addition of base and mobile relay facilities that

operate on different frequencies from an existing system as an existing

system.

18. Because 47 CFR 90.135(a) allows licensees to modify their

authorizations due to a change in emissions, the new power/antenna

height limits will not apply to systems that are modified by converting

to equipment designed for narrower channel bandwidths. Furthermore, if

the only modification that a licensee makes to a system is a narrowing

of its emission, a formal application for modification need not be

filed with the Commission. However, the licensee will be required to

notify the Commission of this change immediately, either by filing FCC

Form 405-A or submitting a letter in accordance with 47 CFR 90.135(d).

19. Several organizations seek reconsideration of the power/antenna

height tables as they relate to private carrier paging channels. We

believe that our rules should reflect the differences between paging

systems and the majority of two-way mobile systems in the PLMR bands.

In this connection, we will allow new one-way paging operations to

operate at the same power levels that applied prior to the adoption of

the R&O, i.e., for most stations, 350 watts output power with no limit

on ERP, on the frequencies specifically reserved for one-way paging.

20. Regarding the decision regarding the ability of manufacturers

to continue producing and supporting 25 kHz equipment through upgrades

and permissive changes, some petitioners argue that it is unnecessary

to prohibit manufacturers from making minor design changes to existing

25 kHz equipment because our rules already ensure a transition to more

narrowband equipment. This request is opposed by Securicor Radiocoms

Limited because it is inconsistent with the primary goal in this

proceeding since it would excuse compliance with the multi-mode

requirement. Our intent is to allow only those modifications which

would provide a multi-mode capability or a narrowband mode to existing

equipment. In these instances, manufacturers must obtain a new FCC

Identifier for their equipment. Modifications which entail the redesign

of existing equipment will not be allowed.

21. When compared to wideband channels, i.e., 25 kHz channels, the

rules adopted in the R&O allow emissions on narrowband channels to

occupy a larger percentage of the channel. This combination of

increased channel occupancy and narrower channel spacing increases the

[[Page 2030]]

importance of frequency stability to reduce adjacent channel

interference. Therefore, the Commission adopted stringent frequency

stability requirements as recommended by the Telecommunications

Industry Association (TIA).

22. SEA, Inc. contends that the frequency stability limits for

mobile radios designed to operate with channel bandwidths of 6.25 kHz

are too restrictive and recommends alternative limits. These

recommendations are supported by Motorola. We agree that, in the VHF

band, a less stringent requirement can be tolerated because of the

presence of a small guard band. Further, we believe that the frequency

coordination process can compensate for less stringent requirements in

the UHF band. Therefore, we are modifying 47 CFR 90.213 in accordance

with the suggestions of SEA.

23. In order to accommodate our new channel plan, we adopted new

guidelines for authorized bandwidth. For equipment designed to operate

on 7.5 kHz or 6.25 kHz channels, the authorized bandwidth is 6 kHz and

for equipment designed to operate on 12.5 kHz channels the authorized

bandwidth is 11.25 kHz. SEA requests that the authorized bandwidth for

6.25 kHz channels in the UHF and VHF bands be reduced to 5 kHz in order

to allow same area operation on the narrowband channels.

24. We decline to reduce the authorized bandwidth from 6 kHz to 5

kHz. The 6 kHz authorized bandwidth was chosen to provide manufacturers

with flexibility to implement a wide range of modulation techniques. We

note, however, that the emission mask only serves as an upper limit and

thus, manufacturers can employ any emission they desire as long as they

do not exceed the specified limits. Therefore, if a manufacturer

determines that same-area operations cannot be achieved on adjacent

narrowband channels, it can design its equipment with narrower

emissions.

25. When determining the shape of a frequency mask, it is essential

that instrumentation requirements and measurement procedures are

defined. In general, transmitter emissions are measured using

established industry standards. In this connection, EIA/TIA Standard

603 instructs radio manufacturers to use a resolution bandwidth of 300

Hz or less. Consistent with this standard, in the R&O, we determined

that emissions of equipment designed to operate in the Refarming bands

should be measured using a resolution bandwidth of 100 Hz with the

measuring instrument in a peak hold mode.

26. Motorola contends that using a resolution bandwidth of 100 Hz,

rather than the 300 Hz recommended by TIA, adds 5 dB of energy to the

adjacent channel and will result in reduced spectrum efficiency. SEA

agrees with Motorola, but recommends that the resolution bandwidth be

left at 100 Hz, and that the attenuation of the emission masks be

adjusted 5 dB.

27. We decline to adjust the measurement technique adopted in the

R&O. The current industry trend for measuring digital emissions just

outside the channel, i.e., the adjacent channel, is to use measuring

instrumentation having a resolution capability of 1% of the bandwidth

of the carrier emission. This is evidenced by measurement procedures

and interpretations that have been developed in our rules for the

licensed Personal Communications Services (PCS) and unlicensed PCS

devices. A resolution bandwidth of 1% of the carrier emission bandwidth

provides a reasonable compromise where the emission's interference

potential can be measured and the instrumentation will not

detrimentally affect the measurement. Using a 100 Hz resolution

bandwidth for equipment in the Refarming bands approximates the 1%

standard that has been accepted by the affected industries in other

rule makings. Finally, we believe the claim of a 5 dB increase in

energy to the adjacent channel to be overstated because it assumes a

uniform level of energy across the measurement window without taking

into account the roll-off of energy at the band edges that results from

the emission mask. Therefore, we conclude that any effects on the

adjacent channel will be less than 5 dB.

28. In order to promote flexibility for manufacturers to introduce

new and innovative modulation techniques in the PLMR bands below 512

MHz, we revised 47 CFR 90.211 to eliminate those requirements that were

primarily applicable to radios that use frequency modulation (FM). TIA

supports our objective, but disagrees with our decision to remove

specified deviation limits for FM and recommends that the modulation

limits be reinserted into the rules with their respective filter

characteristics. We disagree. Our rationale for removing the filter

specifications from 47 CFR 90.211 and the FM deviation limits from 47

CFR 90.209 was to provide manufacturers flexibility in designing and

implementing radio specifications. In this connection, we believe that

setting specifications for FM would be inconsistent with such

rationale.

29. With the adoption of a new channel plan, many frequency

allocations and assignments were altered, particularly those of the

former low power offset channels. One result of the new channel plan is

that channels formally available as low power offset channels under

Section 47 CFR 90.267 are now available as regularly assignable

channels for high power operations. Additionally, the new channel plan

resulted in a reallocation of some of these channels from one radio

service to another by allocating channels that were between allocations

for two different radio services to the radio service or services where

the lower of the channels was allocated. Many Petitioners request that

we reexamine permissible uses for several former offset channels. Upon

reexamination, we are making several modifications to the frequency

tables in 47 CFR part 90.

30. The R&O provided several operational alternatives for licensees

authorized on the former low power offset channels. One option is to

remain on their current channels and achieve primary status by

providing sufficient justification to raise power. A second option is

to migrate to designated low power channels and achieve primary status

on those channels. A third option is to remain on their current channel

at low power and continue to have secondary status.

31. The Alarm Industry Communications Committee (AICC) contends

that licensees should be able to attain primary status without raising

power. Additionally, they ask whether stations wishing to increase

power need to file a letter notification or an application to provide

coordinates. Finally, AICC suggests that the Commission continue to

allow the current practice for alarm transmitters of providing

coordinates for the center of an operating area and the radius around

these coordinates in which transmitters will operate rather than

requiring each fixed transmitter to be individually licensed.

32. As an initial matter, recognizing that any decision regarding

changes in power requirements on former low power offset channels will

be affected by our resolution of the exclusivity issues raised in the

Further Notice of Proposed Rule Making (60 FR 37148, July 18, 1995) in

this proceeding, we defer decisions on this matter to a future Order.

Regarding the requirement to furnish coordinates, we note that

situations exist where it is neither feasible nor desirable for a

licensee to furnish coordinates of all transmitters in their system.

Therefore, we will allow licensees to supply only coordinates of

[[Page 2031]]

the center of an operating area and a radius when all stations are

fixed, low power, i.e., not to exceed 2 watts, stations.

33. When we eliminated the low power offset channels in the R&O, we

established new low power offset channels 3.125 kHz removed from

regularly assignable channels and authorized them on a secondary, non-

interference basis. The creation of these channels was opposed by the

Personal Communications Industry Association which contends that low

power users will be accommodated through coordinator designated

exclusive low power channels and the color dot channels and that these

new low power offset channels will recreate difficulties which existed

with the former low power offset channels Finally, they state that

these new low power offset channels may have the unintended effect of

preventing the use of primary channels by wideband, spectrally

efficient systems. We agree that these low power offset channels could

potentially have a detrimental effect on the operations on primary

channels and will therefore remove the new low power offset channels

from 47 CFR 90.267(b). However, in light of technological advances and

usage patterns in these bands, we reserve the right to revisit this

issue in the future.

34. When we established the Emergency Medical Radio Service (EMRS),

we assigned the 453 MHz and 458 MHz frequencies used for medical paging

systems in the Special Emergency Radio Service (SERS) to the EMRS. SERS

users were permitted to continue operating on these channels as primary

users for a period of five years. In the R&O, the SERS frequencies

reassigned to the EMRS were rechannelized at the new narrowband

spacings. Several petitioners request removal of the new channels that

arose from splitting the 453 MHz and 458 MHz channels from the SERS. We

agree and will remove the 453 MHz narrowband channels from the SERS

frequency table in 47 CFR 90.53(a).

35. In the EMRS, MED channels are used for emergency medical

communications. Prior to adoption of the R&O, there were 10 MED

channels, designated as MED-1 through MED-10. The new channel plan

created 3 new MED channels higher in frequency than each existing MED

channel. These new channels, designated as MED-A through MED-X, were

assigned as follows: MED-A, MED-B, and MED-C were assigned between MED-

1 and MED-2, MED-D, MED-E, and MED-F were assigned between MED-2 and

MED-3. The new MED channels higher in frequency than MED-9 and MED-10

were not labeled. Several Petitioners propose changing the MED channel

labeling scheme to one that is entirely numeric.

36. We agree that a different labeling approach is needed for the

new MED channels because any confusion regarding their designation

could potentially interfere with the communication of messages

necessary to ensure public safety. Therefore, we will use a trailing 1,

2, or 3 to designate the position of the new MED channels in relation

to the existing MED channels. For example, the channel 6.25 kHz above

MED-3 will be designated as MED-31, the channel 12.5 kHz above MED-3 as

MED-32, and the channel 18.25 kHz above MED-3 as MED-33. We will adopt

this labeling approach for designating the channel positions accorded

to each of the 10 MED channels.

37. Currently, 47 CFR 90.217 exempts transmitters used in the

Business Radio Service that have an output power not exceeding 120

milliwatts from the technical requirements imposed by our rules,

provided that they meet minimum emission limitations. Many petitioners

request that this exemption be expanded to include all PLMR services.

We agree and are expanding the current exemption to include all private

land mobile radio services.

38. In order to assure that transient frequencies do not cause

excessive interference to land mobile licensees and television

receivers in adjacent bands, the Commission adopted standards for

transient frequency behavior. These standards are based on EIA/TIA

standard 603, which sets allowable transient response for radios that

operate in three frequency bands: 30-300 MHz, 300-500 MHz, and 500-1000

MHz.

39. Several petitioners request that we clarify the new rules by

declaring that they are only applicable to equipment type accepted

after a specific date. Motorola recommends that the three frequency

band columns listed in 47 CFR 90.214 be replaced by two frequency band

columns, one for 150-174 MHz and one for 421-512 MHz. We decline to

modify the implementation date of Sec. 90.214 of our rules. Since the

new rules took effect on August 18, 1995, the Commission's Equipment

Authorization Division has been granting type acceptance based on

transmitters meeting all of the new technical requirements. Therefore,

because there have been no objections to the transient frequency

requirements of 47 CFR 90.214, we see no reason to grant type

acceptance to transmitters that do not meet the new requirements.

Additionally, granting type acceptance to radios that do not meet the

new requirements would be administratively burdensome because it would

create two categories of transmitters which would be difficult to track

and identify in the future. We are, however adopting Motorola's

recommendation to apply the standards for radios that operate in the

421-500 MHz band to radios that operate in the 500-512 MHz band.

40. In the R&O, we eliminated 47 CFR 90.271 which provided for 5

kHz narrowband channels that were offset either 2.5 kHz or 7.5 kHz from

regularly assignable channels in the 150-170 MHz band. Additionally,

the R&O permits licensees on these channels to remain on their

currently authorized frequency until August 1, 2001 if interference is

not experienced. Securicor asserts that users of these 5 kHz channels,

who operate the most spectrally-efficient equipment in the PLMR bands,

are being treated unfairly because they must modify their systems to

comply with the new channel plan even if they do not experience or

cause interference.

41. We share Securicor's concern about unnecessarily causing

disruption to existing operations. Therefore, to accommodate the needs

of our licensees and to prevent the premature obsolescence of

narrowband systems that are already operating in the 150-174 MHz band,

we will extend by two years, until August 1, 2003, the date by which

these licensees must migrate to one of the new VHF channels.

Additionally, licensees may remain on their currently assigned channels

after August 1, 2003, on a secondary, non-interference basis.

42. We recently adopted rules in PR Docket No. 92-257 (60 FR 35507,

July 10, 1995) to allow industrial and land transportation entities to

use nine VHF maritime public correspondence channel pairs for standard

two-way base/mobile operations. 47 CFR 90.283 imposes power/antenna

height restrictions on these frequencies and requires minimum

separation distances from protected entities.

43. LMCC requests that the 25 kHz wide channels listed in 47 CFR

90.283 of our rules be integrated into the new 6.25 kHz narrowband

channel plan. We note that new 25 kHz Part 90 radios will no longer be

type accepted in the 150-174 MHz band after the effective date of the

rule amendments of this MO&O; thus, we find it unreasonable to require

their use. Additionally, we believe that the current restrictions are

sufficient to ensure that PLMR licensees operating on narrowband

channels will not cause harmful interference to the protected

[[Page 2032]]

entities. Therefore, we modify 47 CFR 90.283 to provide narrowband

channel spacings for PLMR users on the shared maritime public

correspondence frequencies.

44. The Industrial Telecommunications Association requests that we

adopt changes in the power/antenna height tables of 47 CFR 90.283(c)

and 47 CFR 90.283(d) to accommodate users that need to exceed the

imposed limits due to circumstances such as terrain effects or coverage

requirements. We are not modifying the rules, rather, we will require a

request for waiver of the power/antenna height limits of 47 CFR 90.283.

45. With the adoption of this Memorandum Opinion and Order, we

finalize the new channel plan and incorporate certain modifications to

our regulatory and technical framework for the PLMR services in 47 CFR

part 90. These new rules will provide greater technical flexibility for

PLMR licensees and equipment manufacturers, promote the highly

effective and efficient use of the PLMR spectrum, and create an

environment which will provide users the opportunity to introduce

advanced technologies into the private land mobile radio services.

46. The rules are set forth at the end of this document.

47. The rules contained herein have been analyzed with respect to

the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq., and found

to contain no new or modified form, information collection, and/or

recordkeeping, labeling, disclosure, or record retention requirements

and will not increase or decrease burden hours imposed on the public.

48. This Memorandum Opinion and Order and the rule amendments are

issued under the authority of 47 U.S.C. 154(i), 303(r), and 405.

Final Regulatory Flexibility Analysis

49. As required by Section 603 of the Regulatory Flexibility Act, 5

U.S.C. 603 (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was

incorporated in the Notice of Proposed Rule Making (56 FR 31097, July

9, 1991) in PR Docket 92-235. The Commission sought written public

comments on the proposals in the Refarming Notice, including on the

IRFA. The Commission's Final Regulatory Flexibility Analysis (FRFA) in

this Memorandum Opinion and Order conforms to the RFA, as amended by

the Contract With America Advancement Act of 1996.\1\

---------------------------------------------------------------------------

\1\ Pub. L. 104-121, 110 Stat. 847 (1996) (CWAAA). Subtitle II

of the CWAAA is ``The Small Business Regulatory Enforcement Fairness

Act of 1996'' (SBREFA), codified at 5 U.S.C. 601 et seq.

---------------------------------------------------------------------------

A. Need For and Objective of the Proposed Rule

50. Our objective is to increase spectrum efficiency and facilitate

the introduction of advanced technologies into the 150-174 MHz, 421-430

MHz, 450-470 MHz, and 470-512 MHz PLMR bands. The Report and Order in

this proceeding modified the Commission's rules to resolve many of the

technical issues which inhibited the use of spectrally efficient

technologies in these frequency bands. This MO&O address petitions for

reconsideration and clarification received in response to the Report

and Order.

51. We find that the potential benefits to the PLMR community

exceed any negative effects that may result from the promulgation of

rules for this purpose. Thus, we conclude that the public interest is

served by modifying our rules to increase the spectral efficiency of

the PLMR bands.

B. Summary of Significant Issues Raised by the Public Comments in

Response to the Initial Regulatory Flexibility Analysis

52. No comments were submitted in direct response to the IRFA. We

have, however, reviewed general comments that may impact small

businesses.

C. Description and Estimate of the Number of Small Entities Subject to

Which the Rules Apply

53. The rules adopted in this Memorandum Opinion and Order will

apply to small business that choose to use, manufacture, or design

radios that operate in the PLMR bands below 512 MHz. The are no

Commission imposed requirements, however, for any entity to use or

produce these products.

Estimates for PLMR Manufacturers

54. The Commission has not developed a definition of small entities

specifically applicable to PLMR manufacturers. Therefore, for the

purposes of this analysis, the applicable definition of small entity is

the definition under the Small Business Administration (SBA) rules

applicable to radio and television broadcasting and communications

equipment manufacturers. The SBA defines a small entity in this

category as one in which less than 750 persons are employed.\2\

---------------------------------------------------------------------------

\2\ See 13 CFR 121.201, Standard Industrial Classification (SIC)

Code 3663.

---------------------------------------------------------------------------

55. Because the Regulatory Flexibility Act amendments were not in

effect until the record in this proceeding was closed, the Commission

was unable to request information regarding the number of small

entities that manufacture PLMR equipment and is unable at this time to

determine the number of manufacturers which are small businesses.

However, the 1992 Census of Manufacturers, conducted by the Bureau of

Census, which is the most comprehensive and recent information

available, shows that approximately 925 out of the 948 entities

manufacturing radio and television transmitting equipment in 1992

employed less than 750 persons.\3\ We are unable to discern from the

Census data precisely how many of these manufacturers produce private

land mobile radios. Further, any entity may choose to manufacture such

radio equipment. Therefore, for purposes of our evaluations and

conclusions in this Final Regulatory Flexibility Analysis, we estimate

that there are at least 925 manufacturers and potential manufacturers

of PLMR equipment which are small businesses, as that term is defined

by the SBA.

---------------------------------------------------------------------------

\3\ See 1992 Census of Manufacturers, Industry Series,

Communication Equipment, Including Radio and Television, Industries

3651, 3652, 3661, 3663, and 3669, Issued March 1995, Table 4. This

table shows a total of 23 manufacturers with an average of 1,000

employees or more and 908 with an average of 499 employees or less.

It lists a total of 17 manufacturers with an average of 500-999

employees. Because we could not determine the number of

manufacturers in 500-999 category with an average of 750 employees

or less, we assume all 17 are small businesses for the purpose of

this evaluation.

---------------------------------------------------------------------------

Estimates for PLMR Licensees

56. Private land mobile radio system 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 nor would it be possible

to develop a definition of small entities specifically applicable to

PLMR users. For the purpose of determining whether a licensee is a

small business as defined by the SBA, each licensee would need to be

evaluated within its own business area.

57. Because the Regulatory Flexibility Act amendments were not in

effect until the record in this proceeding was closed, the Commission

was unable to request information regarding the number of small

entities that are private land mobile radio licensees. Therefore, the

Commission is unable at this time to determine the number of small

businesses which could be impacted by the rules. However, 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

[[Page 2033]]

bands below 512 MHz.\4\ Further, because any entity engaged in a

commercial activity is eligible to hold a PLMR license, these rules

could potentially impact every small business in the U.S.

---------------------------------------------------------------------------

\4\ See Federal Communications Commission, 60th Annual Report,

Fiscal Year 1994 at 120-121.

---------------------------------------------------------------------------

D. Description of Projected Reporting, Recordkeeping, and Other

Compliance Requirements of the Rules

58. There are no general reporting or recordkeeping requirements.

However, for certain requests we have substituted a new, less

burdensome reporting requirement in place of a requirement for

applicants to file applications for waiver or modification.

(1) In order to obtain a type acceptance grant, PLMR radios that

transmit data must meet a specified spectrum efficiency standard--

measured in bits per second per Hertz. For radios that transmit bit

rates slower than the specified standard, our rules permit

manufacturers an alternative to requesting a waiver of the technical

rules. Type acceptance grants may be obtained, provided that the

applicant submits a technical analysis which demonstrates that the

slower data rate will provide more spectral efficiency than the

standard data rate.

(2) Our rules provide allowable combinations of antenna height and

effective radiated power (ERP) based on the size of the area an

applicant intends to serve and a certain signal strength at the edge of

this service area. Rather than filing a waiver request, we are allowing

applicants to exceed the reference antenna height, provided they

correspondingly lower their ERP and demonstrate that the signal

strength of their system at the edges of their service area meets the

general limits.

(3) Licensees, when making changes to their radio systems, are

normally required to file an application for modification. However, in

instances where the only modification to a radio system is a narrowing

of its operating bandwidth, we will not require an application for

modification. Instead, we are only requiring that licensees notify the

Commission of the change.

E. Steps Taken by Agency To Minimize Significant Economic Impact on

Small Entities Consistent With Stated Objectives

59. The Commission, in this MO&O, has considered petitions to

reconsider the rules adopted in the Report and Order in this

proceeding. In doing so, the Commission has adopted several

alternatives which minimize burdens placed on small entities. First,

the Commission reaffirms its decision to implement the transition to

narrowband equipment through the type acceptance process. Users are not

required to replace their existing systems, rather they are provided

flexibility to choose a transition schedule that best fulfills their

needs while balancing technical capabilities and financial

considerations. Second, private paging systems, many of which are

operated by small entities, will not be subject to many of the new

rules. This approach, by not imposing new requirements on private

paging licensees, will lower the cost of expanding such systems. Third,

we provide applicants the ability to deviate from the new power/antenna

height restrictions, which only apply to new stations, without applying

for a waiver. This approach eliminates the need for small entities to

remit waiver fees of $125 per rule section per station. Additionally,

it eliminates the need for small entities to expend clerical support to

prepare these waiver requests. Fourth, we allow manufacturers to make

permissive changes to previously type accepted equipment. This will

allow small entities to continue supporting their existing equipment

and customer base in advance of changing their production facilities to

manufacture radios compliant with the new spectrum efficiency rules.

Fifth, we ease the frequency stability requirements for narrowband

radios and extend the exemption from technical standards for low power

transmitters to all radio services. These changes will lower

development and production costs for small entities. Sixth, we will not

require licensees operating on 5 kHz channels under former Sec. 90.271

of our rules to comply with the new channel plan by August 1, 2001.

Instead, these licensees can continue operating on their current

frequency as long as they do not cause interference to other users.

This approach will lower costs to small entities by not requiring those

who operate such systems to modify them sooner than necessary or at

all.

F. Commission's Outreach Efforts To Learn of and Respond to the Views

of Small Entities Pursuant to 5 U.S.C. 609

60. The Commission has, in this proceeding, taken several steps to

learn and respond to the views of small entities. In response to the

Refarming Notice, we held two public forums. On November 14, 1991, the

Private Radio Bureau, in cooperation with the Annenberg Washington

Program, Communications Policy Studies of Northwestern University,

sponsored a conference on Refarming and on May 16, 1993, the Private

Radio Bureau held a Refarming technology Roundtable. Additionally,

throughout the course of this proceeding the representatives of the

Private Wireless Division (PWD) of the Wireless Telecommunications

Bureau have had numerous ex parte discussions with small entities or

their representatives. For example, the PWD has met with many of the

frequency coordinators for the nineteen PLMR services.5

---------------------------------------------------------------------------

\5\ Many of the frequency coordinators are trade associations

and represent their members, many of which are small entities, views

on telecommunications matters.

---------------------------------------------------------------------------

G. Report to Congress

61. The Commission shall send a copy of this final Regulatory

Flexibility analysis, along with the Memorandum Opinion and Order, in a

report to Congress pursuant to the SBREFA.6 A copy of this FRFA

will also be published in the Federal Register.

---------------------------------------------------------------------------

\6\ See 5. U.S.C. 801(a)(1)(A).

---------------------------------------------------------------------------

List of Subjects in 47 CFR Part 90

Communications equipment, Radio.

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: 47 U.S.C. 154, 302, 303, and 332, unless otherwise

noted.

2. Section 90.17 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (b) and adding paragraph

(c)(31) to read as follows:

Sec. 90.17 Local Government Radio Service.

* * * * *

(b) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 29, 31

------------------------------------------------------------------------

* * * * *

(c) * * *

(31) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz

[[Page 2034]]

removed from regularly assignable frequencies may continue to operate

on a secondary, non-interference basis after August 1, 2003.

* * * * *

3. Section 90.19 is amended by revising the entries for 150 to 170

MHz, and 460.0125 MHz in the frequency table in paragraph (d) and

adding paragraphs (e)(35) and (e)(36) to read as follows:

Sec. 90.19 Police Radio Service.

* * * * *

(d) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 33, 35

* * * * *

460.0125.................... ......do..................... 26, 36

------------------------------------------------------------------------

* * * * *

(e) * * *

(35) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

(36) Use of this frequency is on a secondary basis and subject to

the provisions of Sec. 90.267(a)(3), (a)(4), (a)(5), and (a)(7)

* * * * *

4. Section 90.21 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (b) and adding paragraph

(c)(23) to read as follows:

Sec. 90.21 Fire Radio Service.

* * * * *

(b) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 21, 23

------------------------------------------------------------------------

* * * * *

(c) * * *

(23) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

5. Section 90.23 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (b) and adding paragraph

(c)(24) to read as follows:

Sec. 90.23 Highway Maintenance Radio Service.

* * * * *

(b) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 21, 24

------------------------------------------------------------------------

* * * * *

(c) * * *

(24) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

6. Section 90.25 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (b) and adding paragraph

(c)(28) to read as follows:

Sec. 90.25 Forestry-Conservation Radio Service.

* * * * *

(b) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 25, 28

------------------------------------------------------------------------

* * * * *

(c) * * *

(28) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

7. Section 90.27 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (b), by revising the tables in

paragraphs (c)(11) and (c)(13)(i), and by adding paragraph (c)(29) to

read as follows:

Sec. 90.27 Emergency Medical Radio Service.

* * * * *

(b) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 28, 29

------------------------------------------------------------------------

* * * * *

(c) * * *

(11) * * *

------------------------------------------------------------------------

Frequencies

base and Mobile only Channel name

mobile (MHz) (MHz)

------------------------------------------------------------------------

462.950..... 467.950 MED-9

462.95625... 467.95625 MED-91

462.9625.... 467.9625 MED-92

462.96875... 467.96875 MED-93

462.975..... 467.975 MED-10

462.98125... 467.98125 MED-101

462.9875.... 467.9875 MED-102

462.99375... 467.99375 MED-103

------------------------------------------------------------------------

* * * * *

(13) * * *

(i) * * *

------------------------------------------------------------------------

Frequencies

base and Mobile only Channel name

mobile (MHz) (MHz)

------------------------------------------------------------------------

463.000..... 468.000 MED-1

463.00625... 468.00625 MED-11

463.0125.... 468.0125 MED-12

463.01875... 468.01875 MED-13

463.025..... 468.025 MED-2

463.03125... 468.03125 MED-21

463.0375.... 468.0375 MED-22

463.04375... 468.04375 MED-23

463.050..... 468.050 MED-3

463.05625... 468.05625 MED-31

463.0625.... 468.0625 MED-32

463.06875... 468.06875 MED-33

46.075...... 46.075 MED-4

463.08125... 468.08125 MED-41

463.0875.... 468.0875 MED-42

463.09375... 468.09375 MED-43

463.100..... 468.100 MED-5

463.10625... 468.10625 MED-51

463.1125.... 468.1125 MED-52

463.11875... 468.11875 MED-53

463.125..... 468.125 MED-6

463.13125... 468.13125 MED-61

463.1375.... 468.1375 MED-62

463.14375... 468.14375 MED-63

463.150..... 468.150 MED-7

463.15625... 468.15625 MED-71

463.1625.... 468.1625 MED-72

463.16875... 468.16875 MED-73

463.175..... 468.175 MED-8

463.18125... 468.18125 MED-81

463.1875.... 468.1875 MED-82

463.19375... 468.19375 MED-83

------------------------------------------------------------------------

[[Page 2035]]

* * * * *

(29) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

8. Section 90.53 is amended by revising the entries for 150 to 170

MHz and 458.0375 MHz, removing the entries for 453.03125 MHz, 453.03750

MHz, 453.04375 MHz, 453.08125 MHz, 453.08750 MHz, 453.09375 MHz,

453.13125 MHz, 453.13750 MHz, 453.14375 MHz, 453.18125 MHz, 453.18750

MHz, 453.19375 MHz, 462.0125 MHz, 462.0375 MHz, 462.0625 MHz, 462.0875

MHz, 462.1125 MHz, 462.1375 MHz, 462.1625 MHz, 462.1775 MHz, 467.0125

MHz, 467.0375 MHz, 467.0625 MHz, 467.0875 MHz, 467.1125 MHz, 467.1375

MHz, 467.1625 MHz, 467.1875 MHz, and adding entries for 458.0125 MHz,

463.0125 MHz, 463.0375 MHz, 463.0625 MHz, 463.0875 MHz, 463.1125 MHz,

463.1375 MHz, 463.1625 MHz, 463.1875 MHz, 468.0125 MHz, 468.0375 MHz,

468.0625 MHz, 468.0875 MHz, 468.1125 MHz, 468.1375 MHz, 468.1625 MHz,

and 468.1875 MHz in the frequency table in paragraph (a), and adding

paragraph (b)(39) to read as follows:

Sec. 90.53 Frequencies available.

(a) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 36, 39

* * * * *

458.0125.................... Mobile....................... 38

458.0375.................... ......do..................... 38

* * * * *

463.0125.................... ......do..................... 38

463.0375.................... ......do..................... 38

463.0625.................... ......do..................... 38

463.0875.................... ......do..................... 38

463.1125.................... ......do..................... 38

463.1375.................... ......do..................... 38

463.1625.................... ......do..................... 38

463.1875.................... ......do..................... 38

* * * * *

468.0125.................... ......do..................... 38

468.0375.................... ......do..................... 38

468.0625.................... ......do..................... 38

468.0875.................... ......do..................... 38

468.1125.................... ......do..................... 38

468.1375.................... ......do..................... 38

468.1625.................... ......do..................... 38

468.1875.................... ......do..................... 38

------------------------------------------------------------------------

* * * * *

(39) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

9. Section 90.63 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (c) and adding paragraph

(d)(31) to read as follows:

Sec. 90.63 Power Radio Service.

* * * * *

(c) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 29, 31

------------------------------------------------------------------------

* * * * *

(d) * * *

(31) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

10. Section 90.65 is amended by revising the entry for 150 to 170

MHz, removing the second entry for 456.525 MHz, and adding entries for

456.7375 MHz and 462.5125 MHz in the frequency table in paragraph (b)

and adding paragraph (c)(48) to read as follows:

Sec. 90.65 Petroleum Radio Service.

* * * * *

(b) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 45, 48

* * * * *

456.7375.................... ......do..................... 46

* * * * *

462.5125.................... Mobile....................... 46

------------------------------------------------------------------------

* * * * *

(c) * * *

(48) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

11. Section 90.67 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (b) and adding paragraph

(c)(43) to read as follows:

Sec. 90.67 Forest Products Radio Service.

* * * * *

(b) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 39, 43

------------------------------------------------------------------------

(c) * * *

(43) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

12. Section 90.69 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (b) and adding paragraph

(c)(16) to read as follows:

Sec. 90.69 Film and Video Production Radio Service.

* * * * *

(b) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 15, 16

------------------------------------------------------------------------

* * * * *

(c) * * *

(16) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

13. Section 90.73 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (c)

[[Page 2036]]

and adding paragraph (d)(42) to read as follows:

Sec. 90.73 Special Industrial Radio Service.

* * * * *

(c) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 39, 42

------------------------------------------------------------------------

* * * * *

(d) * * *

(42) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

14. Section 90.75 is amended by revising the entries for 150 to 170

MHz, 150.830 MHz, 150.920 MHz, 151.070 MHz, 151.190 MHz, 151.310 MHz,

152.480 MHz, 157.740 MHz, 460.66250 MHz, 460.68750 MHz, 460.71250 MHz,

460.73750 MHz, 460.76250 MHz, 460.78750 MHz, 460.81250 MHz, 460.83750

MHz, 460.86250 MHz, 460.88750 MHz, 462.750 MHz, 462.775 MHz, 462.800

MHz, 462.825 MHz, 462.850 MHz, 462.875 MHz, 462.900 MHz, 462.925 MHz,

462.93750 MHz, 462.94375 MHz, 463.200 MHz, 464.4875 MHz, 464.5125 MHz,

464.5375 MHz, 464.5625 MHz, 464.98750 MHz, 465.01250 MHz, 465.650 MHz,

465.66250 MHz, 465.68750 MHz, 465.71250 MHz, 465.73750 MHz, 465.76250

MHz, 465.78750 MHz, 465.81250 MHz, 465.83750 MHz, 465.86250 MHz,

465.88750 MHz, 469.4875 MHz, 469.5125 MHz, 469.5375 MHz, and 469.5625

MHz, adding entries for 154.585 MHz and 467.9375 MHz in the table in

paragraph (b) and adding paragraphs (c)(53), (c)(54), and (c)(55) to

read as follows:

Sec. 90.75 Business Radio Service.

* * * * *

(b) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 48, 54

* * * * *

150.830..................... Base......................... 8, 10, 12,

49, 55

* * * * *

150.920..................... Base......................... 8, 10, 12,

49, 55

* * * * *

151.070..................... Base......................... 8, 10, 12,

49, 55

* * * * *

151.190..................... Base......................... 8, 10, 12,

49, 55

* * * * *

151.310..................... Base......................... 8, 10, 12,

49, 55

* * * * *

152.480..................... Base......................... 10, 11, 12,

49, 55

* * * * *

154.585..................... ......do..................... 4, 13, 22,

38, 24

* * * * *

157.740..................... Base......................... 10, 11, 12,

49, 55

* * * * *

460.6625.................... ......do..................... 2, 15, 24,

25, 26, 53

* * * * *

460.6875.................... ......do..................... 2, 15, 24,

25, 26, 53

* * * * *

460.7125.................... ......do..................... 2, 15, 24,

25, 26, 53

* * * * *

460.7375.................... ......do..................... 2, 15, 24,

25, 26, 53

* * * * *

460.7625.................... ......do..................... 2, 15, 24,

25, 26, 53

* * * * *

460.7875.................... ......do..................... 2, 15, 24,

25, 26, 53

* * * * *

460.8125.................... ......do..................... 2, 15, 24,

25, 26, 53

* * * * *

460.8375.................... ......do..................... 2, 15, 24,

25, 26, 53

* * * * *

460.8625.................... ......do..................... 2, 15, 24,

25, 26, 53

* * * * *

460.8875.................... ......do..................... 2, 15, 24,

25, 26, 53

* * * * *

462.750..................... Base......................... 10, 49, 55

* * * * *

462.775..................... Base......................... 10, 49, 55

* * * * *

462.800..................... Base......................... 10, 49, 55

* * * * *

462.825..................... Base......................... 10, 49, 55

* * * * *

462.850..................... Base......................... 10, 49, 55

* * * * *

462.875..................... Base......................... 10, 49, 55

* * * * *

462.900..................... Base......................... 10, 49, 55

* * * * *

462.925..................... Base......................... 10, 49, 55

462.9375.................... Mobile....................... 52

462.94375................... Base or mobile............... 46

463.200..................... ......do..................... 1, 2, 26

* * * * *

464.4875.................... ......do..................... 1, 2, 24,

26, 29

* * * * *

464.5125.................... ......do..................... 1, 2, 24,

26, 29

* * * * *

464.5375.................... ......do..................... 1, 2, 24,

26, 29

* * * * *

464.5625.................... ......do..................... 1, 2, 24,

26, 29

* * * * *

464.9875.................... Mobile....................... 52

* * * * *

465.0125.................... Mobile....................... 52

* * * * *

465.650..................... ......do..................... 2, 4, 25,

26, 31

[[Page 2037]]

* * * * *

465.6625.................... ......do..................... 2, 4, 24,

25, 26, 31,

53

* * * * *

465.6875.................... ......do..................... 2, 4, 24,

25, 26, 31,

53

* * * * *

465.7125.................... ......do..................... 2, 4, 24,

25, 26, 31,

53

* * * * *

465.7375.................... ......do..................... 2, 4, 24,

25, 26, 31,

53

* * * * *

465.7625.................... ......do..................... 2, 4, 24,

25, 26, 31,

53

* * * * *

465.7875.................... ......do..................... 2, 4, 24,

25, 26, 31,

53

* * * * *

465.8125.................... ......do..................... 2, 4, 24,

25, 26, 31,

53

* * * * *

465.8375.................... ......do..................... 2, 4, 24,

25, 26, 31,

53

* * * * *

465.8625.................... ......do..................... 2, 4, 24,

25, 26, 31,

53

* * * * *

465.8875.................... ......do..................... 2, 4, 24,

25, 26, 31,

53

* * * * *

466.0125.................... ......do..................... 1, 2, 24,

28, 39, 53

* * * * *

467.9375.................... ......do..................... 24, 52

* * * * *

469.4875.................... ......do..................... 1, 2, 24,

26

* * * * *

469.5125.................... ......do..................... 1, 2, 24,

26

* * * * *

469.5375.................... ......do..................... 1, 2, 24,

26

* * * * *

469.5625.................... ......do..................... 1, 2, 24,

26

------------------------------------------------------------------------

* * * * *

(c) * * *

(53) This frequency may be used on a secondary, non-interference

basis by a hospital or health care institution holding a license to

operate a radio station under this part to operate a medical radio

telemetry device with an output power not to exceed 20 milliwatts

without specific authorization from the Commission.

(54) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

(55) One-way paging transmitters on this frequency may operate with

an output power of 350 watts.

* * * * *

15. Section 90.79 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (c) and adding paragraph

(d)(32) to read as follows:

Sec. 90.79 Manufacturers Radio Service.

* * * * *

(c) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 30, 32

------------------------------------------------------------------------

* * * * *

(d) * * *

(32) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

16. Section 90.81 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (c) and adding paragraph

(d)(19) to read as follows:

Sec. 90.81 Telephone Maintenance Radio Service.

* * * * *

(c) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 17, 19

------------------------------------------------------------------------

* * * * *

(d) * * *

(19) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

17. Section 90.89 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (b) and adding paragraph

(c)(27) to read as follows:

Sec. 90.89 Motor Carrier Radio Service.

* * * * *

(b) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 24, 27

------------------------------------------------------------------------

* * * * *

(c) * * *

(27) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

18. Section 90.91 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (b) and adding paragraph

(c)(25) to read as follows:

Sec. 90.91 Railroad Radio Service.

* * * * *

(b) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 23, 25

------------------------------------------------------------------------

* * * * *

[[Page 2038]]

(c) * * *

(25) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

19. Section 90.93 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (b) and adding paragraph

(c)(20) to read as follows:

Sec. 90.93 Taxicab Radio Service.

* * * * *

(b) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 18, 20

------------------------------------------------------------------------

* * * * *

(c) * * *

(20) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

20. Section 90.95 is amended by revising the entry for 150 to 170

MHz in the frequency table in paragraph (c) and adding paragraph

(d)(24) to read as follows:

Sec. 90.95 Automobile Emergency Radio Service.

* * * * *

(c) * * *

------------------------------------------------------------------------

Frequency or band Class of station(s) Limitations

------------------------------------------------------------------------

* * * * *

Megahertz:

* * * * *

150 to 170.................. Base or Mobile............... 21, 24

------------------------------------------------------------------------

* * * * *

(d) * * *

(24) Licensees as of August 18, 1995 who operate systems that are

2.5 kHz removed from regularly assignable frequencies may continue to

operate on a secondary, non-interference basis after August 1, 2003.

* * * * *

21. Section 90.135 is amended by revising paragraph (a)(2),

redesignating paragraph (b)(5) as paragraph (b)(6), adding a new

paragraph (b)(5), revising the first and last sentences in paragraph

(d) and revising the first sentence in paragraph (e) to read as

follows:

Sec. 90.135 Modification of license.

(a) * * *

(2) Change in the type of emission, except under the conditions

specified in paragraph (b)(5) of this section.

* * * * *

(b) * * *

(5) Change in the type of emission when:

(i) Operation is in the 150-174 MHz or 421-512 MHz bands; and

(ii) The modification will be for a narrower emission than

specified in the current authorization.

* * * * *

(d) In case of a change listed in paragraphs (b)(1), (b)(2), or

(b)(5) of this section, the licensee must notify the Commission

immediately. * * * Licensees whose licenses are due for renewal and who

have received the renewal Form 574-R in the mail from the Commission

must use the appropriate boxes on that form to notify the Commission of

a change listed in paragraphs (b)(1), (b)(2), or (b)(5) of this

section.

(e) In the case of a change listed in paragraphs (b)(3), (b)(4),

and (b)(6) of this section, the licensee must notify the Commission

within 30 days of the change. * * *

* * * * *

22. Section 90.173 is amended by revising paragraph (a) to read as

follows:

Sec. 90.173 Policies governing the assignment of frequencies.

(a) The frequencies which ordinarily may be assigned to stations in

the services governed by this part are listed in subparts B, C, D, E,

and F of this part. Frequencies other than those listed in subparts B,

C, D, and E may be assigned in the 150-174 MHz, 421-430 MHz, 450-470

MHz, and 470-512 MHz bands, provided such applications are accompanied

by a showing of frequency coordination in accordance with the

requirements of Section 90.175. Except as otherwise specifically

provided in this part, frequencies assigned to land mobile stations are

available on a shared basis only and will not be assigned for the

exclusive use of any licensee.

* * * * *

23. Section 90.203 is amended by revising paragraph (j) to read as

follows:

Sec. 90.203 Type acceptance required.

* * * * *

(j) Except where otherwise specifically provided for, transmitters

operating on frequencies in the 150-174 MHz and 421-512 MHz bands must

comply with the following.

(1) Applications for type acceptance received prior to February 14,

1997, will be granted for equipment with channel bandwidths up to 25

kHz.

(2) Applications for type acceptance received on or after February

14, 1997 will only be granted for equipment with the following channel

bandwidths:

(i) 12.5 kHz or less for single bandwidth mode equipment or multi-

bandwidth mode equipment with a maximum channel bandwidth of 12.5 kHz;

(ii) 25 kHz for multi-bandwidth mode equipment with a maximum

channel bandwidth of 25 kHz if it is capable of operating on channels

of 12.5 kHz or less; and

(iii) 25 kHz if the equipment meets the efficiency standard of

paragraph (j)(3) of this section.

(3) Applications for Part 90 type acceptance of transmitters

designed to operate on frequencies in the 150-174 MHz and /or 421-512

MHz bands, received on or after February 14, 1997, must include a

certification that the equipment meets a spectrum efficiency standard

of one voice channel per 12.5 kHz of channel bandwidth. Additionally,

if the equipment is capable of transmitting data, has transmitter

output power greater than 500 mW, and has a channel bandwidth of 6.25

kHz or more, the equipment must be capable of supporting a minimum data

rate of 4800 bits per second per 6.25 kHz of channel bandwidth.

(4) Applications for type acceptance received on or after January

1, 2005, except for hand-held transmitters with an output power of two

watts or less, type acceptance will only be granted for equipment with

the following channel bandwidths:

(i) 6.25 kHz or less for single bandwidth mode equipment;

(ii) 12.5 kHz for multi-bandwidth mode equipment with a maximum

channel bandwidth of 12.5 kHz if it is capable of operating on channels

of 6.25 kHz or less;

(iii) 25 kHz for multi-bandwidth mode equipment with a maximum

channel bandwidth of 25 kHz if it is capable of operating on channels

of 6.25 kHz or less; and

(iv) Up to 25 kHz if the equipment meets the efficiency standard of

paragraph (j)(5) of this section.

(5) Applications for Part 90 type acceptance of transmitters

designed to operate on frequencies in the 150-174

[[Page 2039]]

MHz and/or 421-512 MHz bands, received on or after January 1, 2005,

must include a certification that the equipment meets a spectrum

efficiency standard of one voice channel per 6.25 kHz of channel

bandwidth. Additionally, if the equipment is capable of transmitting

data, has transmitter output power greater than 500 mW, and has a

channel bandwidth of 6.25 kHz or more, the equipment must be capable of

supporting a minimum data rate of 4800 bits per second per 6.25 kHz of

channel bandwidth.

(6) Modification and permissive changes to type acceptance grants.

(i) The Commission's Equipment Authorization Division will not

allow adding a multi-mode or narrowband operation capability to single

bandwidth mode transmitters, except under the following conditions:

(A) Transmitters that have the inherent capability for multi-mode

or narrowband operation allowed in paragraphs (j)(2) and (j)(4) of this

section, may have their grant of Type Acceptance modified (reissued)

upon demonstrating that the original unit complies with the technical

requirements for operation; and

(B) New FCC Identifiers will be required to identify equipment that

needs to be modified to comply with the requirements of paragraphs

(j)(2) and (j)(4) of this section.

(ii) All other applications for modification or permissive changes

will be subject to the Rules of part 2 of this chapter.

(7) Transmitters designed for one-way paging operations will be

type accepted with a 25 kHz channel bandwidth and are exempt from the

spectrum efficiency requirements of paragraphs (j)(3) and (j)(5) of

this section.

(8) The Commission's Equipment Authorization Division may, on a

case by case basis, grant type acceptance to equipment with slower data

rates than specified in paragraphs (j)(3) and (j)(5) of this section,

provided that a technical analysis is submitted with the application

which describes why the slower data rate will provide more spectral

efficiency than the standard data rate.

(9) Transmitters used for stolen vehicle recovery on 173.075 MHz

must comply with the requirements of Section 90.19(f)(7).

24. Section 90.205 is amended by revising paragraph (d)(2), the

last sentence of paragraph (d)(3), paragraph (g)(2), the last sentence

of paragraph (g)(3), and adding a new paragraph (n) to read as follows:

Sec. 90.205 Power and antenna height limits.

* * * * *

(d) * * *

(2) Applications for stations where special circumstances exist

that make it necessary to deviate from the ERP and antenna heights in

Table 1 will be submitted to the frequency coordinator accompanied by a

technical analysis, based upon generally accepted engineering practices

and standards, that demonstrates that the requested station parameters

will not produce a signal strength in excess of 37 dBu at any point

along the edge of the requested service area. The coordinator may then

recommend any ERP appropriate to meet this condition.

(3) * * * For base stations with service areas greater than 80 km,

all operations 80 km or less from the base station will be on a primary

basis and all operations outside of 80 km from the base station will be

on a secondary basis and will be entitled to no protection from primary

operations.

* * * * *

(g) * * *

(2) Applications for stations where special circumstances exist

that make it necessary to deviate from the ERP and antenna heights in

Table 2 will be submitted to the frequency coordinator accompanied by a

technical analysis, based upon generally accepted engineering practices

and standards, that demonstrates that the requested station parameters

will not produce a signal strength in excess of 39 dBu at any point

along the edge of the requested service area. The coordinator may then

recommend any ERP appropriate to meet this condition.

(3) * * * For base stations with service areas greater than 80 km,

all operations 80 km or less from the base station will be on a primary

basis and all operations outside of 80 km from the base station will be

on a secondary basis and will be entitled to no protection from primary

operations.

* * * * *

(n) The output power shall not exceed by more than 20 percent

either the output power shown in the Radio Equipment List [available in

accordance with Sec. 90.203(a)(1)] for transmitters included in this

list or when not so listed, the manufacturer's rated output power for

the particular transmitter specifically listed on the authorization.

25. Section 90.207 is amended by revising the introductory text of

paragraph (a) and adding the symbol W to paragraphs (a)(1) and (a)(3)

to read as follows:

Sec. 90.207 Types of emissions.

* * * * *

(a) Most common emission symbols. For a complete listing of

emission symbols allowable under this part, see Sec. 2.201 of this

chapter.

(1) * * *

W--Cases not covered above, in which an emission consists of the

main carrier modulated, either simultaneously or in a pre-established

sequence, in a combination of two or more of the following modes:

amplitude, angle, pulse.

* * * * *

(3) * * *

W--Combination of the above.

* * * * *

26. Section 90.211 is amended by revising paragraph (a) to read as

follows:

Sec. 90.211 Modulation requirements.

* * * * *

(a) Transmitters utilizing analog emissions that are equipped with

an audio low-pass filter must meet the emission limitations specified

in Sec. 90.210. Testing must be in accordance with the rules specified

in part 2 of this chapter.

* * * * *

27. Section 90.213 is amended by revising the entries for 150-174

MHz, 421-512 MHz, 806-821 MHz, 821-824 MHz, and 896-901 MHz, revising

footnotes 6, 7, and 8, and adding footnote 14 to the table in paragraph

(a) to read as follows:

Sec. 90.213 Frequency stability.

(a) * * *

[[Page 2040]]

Minimum Frequency Stability

[Parts per million (ppm)]

----------------------------------------------------------------------------------------------------------------

Mobile stations

-------------------------------

Frequency range (MHz) Fixed and base 2 watts or

stations Over 2 watts less output

output power power

----------------------------------------------------------------------------------------------------------------

* * * * * * *

150-174......................................................... 5 11 5 \6\ 5 4 6 50

* * * * * * *

421-512......................................................... 7 11 14 2.5 \8\ 5 \8\ 5

806-821......................................................... \14\ 1.5 2.5 2.5

821-824......................................................... \14\ 1.0 1.5 1.5

* * * * * * *

896-901......................................................... \14\ 0.1 1.5 1.5

* * * * * * *

----------------------------------------------------------------------------------------------------------------

* * * * * * *

\4\ Stations operating in the 154.45 to 154.49 MHz or the 173.2 to 173.4 MHz bands must have a frequency

stability of 5 ppm.

\5\ In the 150-174 MHz band, fixed and base stations with a 12.5 kHz channel bandwidth must have a frequency

stability of 2.5 ppm. Fixed and base stations with a 6.25 kHz channel bandwidth must have a frequency

stability of 1.0 ppm.

\6\ In the 150-174 MHz band, mobile stations designed to operate with a 12.5 kHz channel bandwidth or designed

to operate on a frequency specifically designated for itinerant use or designed for low-power operation of two

watts or less, must have a frequency stability of 5.0 ppm. Mobile stations designed to operate with a 6.25 kHz

channel bandwidth must have a frequency stability of 2.0 ppm.

\7\ In the 421-512 MHz band, fixed and base stations with a 12.5 kHz channel bandwidth must have a frequency

stability of 1.5 ppm. Fixed and base stations with a 6.25 kHz channel bandwidth must have a frequency

stability of 0.5 ppm.

\8\ In the 421-512 MHz band, mobile stations designed to operate with a 12.5 kHz channel bandwidth must have a

frequency stability of 2.5 ppm. Mobile stations designed to operate with a 6.25 kHz channel bandwidth must

have a frequency stability of 1.0 ppm.

* * * * * * *

\11\ Paging transmitters operating on paging-only frequencies must operate with frequency stability of 5 ppm in

the 150-174 MHz band and 2.5 ppm in the 421-512 MHz band.

* * * * * * *

\14\ Control stations may operate with the frequency tolerance specified for associated mobile frequencies.

* * * * *

28. Section 90.214 is revised to read as follows:

Sec. 90.214 Transient frequency behavior.

Transmitters designed to operate in the 150-174 MHz and 421-512 MHz

frequency bands must maintain transient frequencies within the maximum

frequency difference limits during the time intervals indicated:

----------------------------------------------------------------------------------------------------------------

All equipment

Time intervals 1, 2 Maximum frequency -------------------------------------------------

difference \3\ 150 to 174 MHz 421 to 512 MHz

----------------------------------------------------------------------------------------------------------------

Transient Frequency Behavior for Equipment Designed to Operate on 25 kHz Channels

----------------------------------------------------------------------------------------------------------------

t14............................... 25.0 kHz 5.0 ms 10.0 ms

t2................................ 12.5 kHz 20.0 ms 25.0 ms

t34............................... 25.0 kHz 5.0 ms 10.0 ms

----------------------------------------------------------------------------------------------------------------

Transient Frequency Behavior for Equipment Designed to Operate on 12.5 kHz Channels

----------------------------------------------------------------------------------------------------------------

t14............................... 12.5 kHz 5.0 ms 10.0 ms

t2................................ 6.25 kHz 20.0 ms 25.0 ms

t34............................... 12.5 kHz 5.0 ms 10.0 ms

----------------------------------------------------------------------------------------------------------------

Transient Frequency Behavior for Equipment Designed to Operate on 6.25 kHz Channels

----------------------------------------------------------------------------------------------------------------

t14............................... 6.25 kHz 5.0 ms 10.0 ms

t2................................ 3.125 kHz 20.0 ms 25.0 ms

t34............................... 6.25 kHz 5.0 ms 10.0 ms

----------------------------------------------------------------------------------------------------------------

\1\ ton is the instant when a 1 kHz test signal is completely suppressed, including any capture time due to

phasing.

t1 is the time period immediately following ton.

t2 is the time period immediately following t1.

t3 is the time period from the instant when the transmitter is turned off until toff.

toff is the instant when the 1 kHz test signal starts to rise.

2 During the time from the end of t2 to the beginning of t3, the frequency difference must not exceed the limits

specified in Sec. 90.213.

3 Difference between the actual transmitter frequency and the assigned transmitter frequency.

4 If the transmitter carrier output power rating is 6 watts or less, the frequency difference during this time

period may exceed the maximum frequency difference for this time period.

[[Page 2041]]

29. Section 90.217 is amended by revising the introductory text and

the first sentence in paragraph (a) to read as follows:

Sec. 90.217 Exemption from technical standards.

Except as noted herein, transmitters used at stations licensed in

the Business Radio Service and at stations licensed in the 150-174 MHz

and 421-512 MHz bands in any Radio Service listed in Subparts B, C, D,

and E of this Part which have an output power not exceeding 120

milliwatts are exempt from the technical requirements set out in this

subpart, but must instead comply with the following:

(a) For equipment designed to operate with a 25 kHz channel

bandwidth, * * *

* * * * *

Sec. 90.267 [Amended]

30. Section 90.267 is amended by removing and reserving paragraph

(b).

31. Section 90.283 is amended by revising the table in paragraph

(a), revising paragraph (c) and adding paragraph (g) to read as

follows:

Sec. 90.283 Inter-service sharing of maritime frequencies in the 156-

162 MHz band.

(a) * * *

Frequency (MHz)

------------------------------------------------------------------------

Mobile station

Mobile station transmit transmit

------------------------------------------------------------------------

157.200................................................. 161.800

157.20625 \1\........................................... \1\ 161.80625

157.2125 \2\............................................ \2\ 161.8125

157.21875 \1\........................................... \1\ 161.81875

157.225................................................. 161.825

157.23125 \1\........................................... \1\ 161.83125

157.2375 \2\............................................ \2\ 161.8375

157.24375 \1\........................................... \1\ 161.84375

157.250................................................. 161.850

157.25625 \1\........................................... \1\ 161.85625

157.2625 \2\............................................ \2\ 161.8625

157.26875 \1\........................................... \1\ 161.86875

157.275................................................. 161.875

157.28125 \1\........................................... \1\ 161.88125

157.2875 \2\............................................ \2\ 161.8875

157.29375 \1\........................................... \1\ 161.89375

157.300................................................. 161.900

157.30625 \1\........................................... \1\ 161.90625

157.3125 \2\............................................ \2\ 161.9125

157.31875 \1\........................................... \1\ 161.91875

157.325................................................. 161.925

157.33125 \1\........................................... \1\ 161.93125

157.3375 \2\............................................ \2\ 161.9375

157.34375 \1\........................................... \1\ 161.94375

157.350................................................. 161.950

157.35625 \1\........................................... \1\ 161.95625

157.3625 \2\............................................ \2\ 161.9625

157.36875 \1\........................................... \1\ 161.96875

157.375................................................. 161.975

157.38125 \1\........................................... \1\ 161.98125

157.3875 \2\............................................ \2\ 161.9875

157.39375 \1\........................................... \1\ 161.99375

157.400................................................. 162.000

------------------------------------------------------------------------

\1\ This frequency will be assigned with an authorized bandwidth not to

exceed 6 kHz.

\2\ This frequency will be assigned with an authorized bandwidth not to

exceed 11.25 kHz.

* * * * *

(c) Station power, as measured at the output terminals of the

transmitter, must not exceed 50 watts for base stations and 20 watts

for mobile stations, except in accordance with the provisions of

paragraph (g) of this section. Antenna height (HAAT) must not exceed

122 meters (400 feet) for base stations and 4.5 meters (15 feet) for

mobile stations, except in accordance with paragraph (g) of this

section. Such base and mobile stations must not be operated on board

aircraft in flight.

* * * * *

(g) Applicants seeking to be licensed for stations exceeding the

power/antenna height limits of the table in paragraph (d) of this

section are required to secure a waiver and must submit with the

application, an interference analysis, based upon any of the generally-

accepted terrain-based propagation models, that shows that co-channel

protected entities, described in paragraph (d) of this section, would

receive the same or greater interference protection than provided in

the table.

32. Section 90.311 is amended by revising the introductory text of

paragraph (b) to read as follows.

Sec. 90.311 Frequencies.

* * * * *

(b) Miami, FL, Dallas, TX, and Houston, TX urbanized areas. Only

the first and last assignable frequencies are shown. Assignable

frequencies will occur in increments of 6.25 kHz. Frequencies listed in

paragraph (a)(3) of this section will only be assigned with a maximum

authorized bandwidth of 6 kHz.

* * * * *

[FR Doc. 97-831 Filed 1-14-97; 8:45 am]

BILLING CODE 6712-01-P

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