Private Land Mobile Radio Services. Examination of Exclusivity and Frequency Assignments Policies of the Private Land Mobile Radio Services.

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[FCC 99-138--PR Docket No. 92-235]

Private Land Mobile Radio Services. Examination of Exclusivity

and Frequency Assignments Policies of the Private Land Mobile Radio

Services.

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the land mobile radio service rules to

more readily facilitate trunked operations on shared spectrum. The

action was taken in response to petitions for reconsideration of the

rule concerning centralized trunking below 512 MHz adopted in the final

rule in this proceeding.\1\ This will allow private land mobile radio

licensees to construct more efficient radio systems.

\1\ Replacement of Part 90 by Part 88 to Revise the Private Land

Mobile Radio services and Modify the Policies Governing Them and

Examination of Exclusivity and Frequency Assignments Policies of the

Private Land Mobile Radio Services, Second Report and Order, 62 FR

18834 April 17, 1997, 12 FCC Rcd 14307 (1997) (Second R&O).

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DATES: Effective November 15, 1999 except for Secs. 90.187(b)(2)(b) and

90.187(e) which contain information collection requirements that have

not been approved by OMB. The Commission will publish a document in the

Federal Register announcing the effective date. Written comment by the

public on the information collection are due November 15, 1999. Written

comment must be submitted to the Office of Management and Budget on the

information collection on or before November 15, 1999.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, S.W.,

Room 4-C207, Washington, DC 20554. A copy of any comments on the

information collection contained herein should be submitted to Judy

Boley, Federal Communications Commission, 445 Twelfth Street, S.W. Room

1-C804, Washington, DC 20554 or via the Internet to [email protected]; and

to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725 Seventeenth Street,

N. W., Washington, DC 20503 or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Michael J. Wilhelm, Public Safety and

Private Wireless Division, Wireless Telecommunications Bureau, Federal

Communications Commission, 445 12th Street, SW, Washington, DC 20554 or

by telephone at (202) 418-0680 or by e-mail to [email protected]. For

further information concerning the information collection contained in

the Third Memorandum Opinion and Order, contact Judy Boley at 202-418-

0215 or via the Internet to [email protected].

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

Memorandum Opinion and Order in PR Docket No. 92-235, FCC 99-138,

adopted June 10, 1999, and released July 1, 1999. The Third Memorandum

Opinion and Order permits the use of a system of protected contours as

an alternative to the mileage separation standards used to determine

the licensees from which consent must be sought when an applicant seeks

authorization for centralized trunking below 512 MHz. It also provides

for a 60 day ``hold'' period during which

[[Page 50258]]

conflicting applications may not be filed while an applicant is seeking

consents from other licensees for centralized trunking. It maintains

the requirement that consent to centralized trunking must be obtained

from all affected licensees [i.e. 100%], not some lesser percentage as

suggested by some petitioners. The Commission declines to eliminate the

requirement that consent be obtained from licensees of channels

adjacent to the channel or channels proposed by an applicant proposing

centralized trunking. The following additional actions are taken: A ten

channel limit is placed on the number of channels that may be requested

in an initial application for centralized trunking with exceptions made

for applicants proposing frequencies in the Public Safety Pool,

provided a showing of need is made. Applicants proposing centralized

trunking are required to certify that they have obtained the consent of

affected licensees and must maintain a copy of consent agreements for

inspection by the Commission on request. Centralized trunking is not

permitted below 150 MHz. The Commission rejects a proposal to make

special interference showing provisions for applicants who propose to

use equipment alleged to be superior in spectrum efficiency. A proposal

to limit trunked operation to incumbent licensees is also rejected. The

rulemaking portion of the First Report and Order and Further Notice of

Proposed Rule Making \2\ in this proceeding is terminated to the extent

rendered moot by the Third Memorandum Opinion and Order, and, as to

other matters therein relevant to the Notice of Proposed Rule Making in

WT Docket No. 99-87,\3\ will be incorporated into the record in that

proceeding. Finally, the Commission declines to address that portion of

a petition for reconsideration requesting changes in the Commission's

Safe Harbor rules because said rules are outside the scope of the

Second R&O. The complete text of the Third Memorandum Opinion & Order

may be purchased from the Commission's copy contractor, International

Transcription Services, 1231 20th Street, N.W., Washington, D.C. 20036,

telephone (202) 857-3800, facsimile (202) 857-3805. Alternative formats

(computer diskette, large print, audio cassette, and Braille) are

available to persons with disabilities by contacting Martha Contee at

(202) 418-0260, TTY (202) 418-2555, or at [email protected]. The full

text of the Third Memorandum Opinion and Order is available for

inspection and copying during normal business hours in the FCC

Reference Center, 445 Twelfth St., S.W., Room CY-A257. The full text of

the Third Memorandum Opinion and Order can also be downloaded at: \3\

\2\ Replacement of Part 90 by Part 88 to Revise the Private Land

Mobile Radio Services and Modify the Policies Governing Them and

Examination of Exclusivity and Frequency Assignments Policies of the

Private Land Mobile Services, PR Docket No. 92-235, 60 FR 37152 July

19, 1995, First Report and Order and Further Notice of Proposed Rule

Making, 10 FCC Red. 10076 (1996).

\3\ Implementation of Sections 309(j) and 337 of the

Communications Act of 1934, as amended, Promotion of Spectrum

Efficient Technologies on Certain Part 90 Frequencies, Establishment

of a Public Service Radio Pool in the Private Mobile Frequencies

Below 800 MHz, WT Docket No. 99-87, RM-9332, Notice of Proposed

Rulemaking, 64 FR 23571 May 3, 1999, FCC 99-52 (rel. March 25,

1999).

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http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99138.txt or

http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99138.wp.

Paperwork Reduction Act Analysis

This Third Memorandum Opinion and Order contains either a new or

modified information collection. The Commission, as part of its

continuing effort to reduce paperwork burdens, invites the general

public to comment on the information collections contained in this

Third Memorandum Opinion and Order as required by the Paperwork

Reduction Act of 1995, Pub. L. No. 104-13. Public and agency comments

are due 60 days from date of publication of this Third Memorandum

Opinion and Order in the Federal Register. Comments should address: (a)

Whether the new or modified collection of information is necessary for

the proper performance of the functions of the Commission, including

whether the information shall have practical utility; (b) the accuracy

of the Commission's burden estimates; (c) ways to enhance the quality,

utility, and clarity of the information collected; and (d) ways to

minimize the burden of the collection of information on the

respondents, including the use of automated collection techniques or

other forms of information technology.

OMB Approval Number: 3060-XXXX.

Title: Application for Construction Permit for Commercial Broadcast

Station.

Form No.: FCC 600.

Type of Review: Revision of a currently approved collection.

Respondents: Government and businesses.

Number of Respondents: 1000.

Estimated time per response: 5 hours (This time varies depending on

the complexity of the users' projected needs.).

Total annual burden: 5,000.

Total annual cost: none.

Needs and Uses: FCC Form 600 is used to apply for authority to

construct private land mobile radio stations or to make changes in the

existing facilities of such stations. This Third Memorandum Opinion and

Order requires applicants for trunked facilities to accompany Form 600

with a certification that consent to trunked operation has been

obtained from affected licensees. Further, applicants for Public Safety

Pool channels are required to accompany Form 600 with a supplementary

showing when such applicants request more than 10 trunked channels. The

supplementary showing must demonstrate why more than 10 trunked

channels are required by, e.g., furnishing a loading study.

List of Subjects in 47 CFR Part 90

Radio, Communications equipment.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the preamble, the Federal

Communications Commission amends 47 CFR part 90 as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

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

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

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

otherwise noted.

2. Sec. 90.187 is amended by revising paragraph b(2), b(2)(ii) and

(b)(2)(iii) and adding paragraphs (b)(2)(iv), (b)(2)(v), (d), (e) and

(f) to read as follows:

Sec. 90.187 Trunking in the bands between 150 and 512 MHz.

* * * * *

(b) * * *

(2) Trunking will be permitted on frequencies where an applicant or

licensee does not have an exclusive service area provided that all

frequency coordination requirements are complied with and written

consent is obtained from affected licensees using either the procedure

set forth in (b)(2)(i), and b(2)(ii) of this section (mileage

separation) or the procedure set forth in (b)(2)(iii)(A),

(b)(2)(iii)(B) and (b)(2)(iii)(C) of this section (protected contours).

(i) * * *

(ii) Stations with service areas (37 dBu contour for stations in

the 150-174

[[Page 50259]]

MHz band and 39 dBu contour for stations in the 421-512 MHz bands; see

Sec. 90.205) that overlap a circle with radius 113 km (70 mi.) from the

proposed base station.

(iii) In lieu of the mileage separation procedure set forth in

(b)(2)(i) and (b)(2)(ii) of this section, applicants for trunked

facilities may obtain consent only from stations that would be

subjected to objectionable interference from the trunked facilities.

Objectionable interference will be considered to exist when the

interference contour (19 dBu for VHF stations, 21 dBu for UHF stations)

of a proposed trunked station would intersect the service contour (37

dBu for VHF stations, 39 dBu for UHF stations) of an existing station.

The existing stations that must be considered in a contour overlap

analysis are a function of the channel bandwidth of the proposed

trunked station, as follows:

(A) For trunked stations proposing 25 kHz channel bandwidth:

Existing co-channel stations and existing stations that have an

operating frequency 15 kHz or less from the proposed trunked station.

(B) For trunked stations proposing 12.5 kHz channel bandwidth:

Existing co-channel stations and existing stations that have an

operating frequency 7.5 kHz or less from the proposed trunked station.

(C) For trunked stations proposing 6.25 kHz channel bandwidth:

Existing co-channel stations and existing stations that have an

operating frequency 3.75 kHz or less from the proposed trunked station.

(iv) The calculation of service and interference contours

referenced in paragraph (iii) of this section shall be done using

generally accepted engineering practices and standards which, for

purposes of this rule section, shall presumptively be the practices and

standards agreed to by a consensus of all certified frequency

coordinators.

(v) The written consent from the licensees specified in paragraphs

(b)(2)(i) and (b)(2)(ii) or (b)(2)(iii)(A), (b)(2)(iii)(B) and

(b)(2)(iii)C of this section shall specifically state all terms agreed

to by the parties and shall be signed by the parties. The written

consent shall be maintained by the operator of the trunked station and

be made available to the Commission upon request. The submission of a

coordinated trunked application to the Commission shall include a

certification from the applicant that written consent has been obtained

from all licensees specified in paragraphs (b)(2)(i) and (b)(2)(ii) or

(b)(2)(iii)(A), (b)(2)(iii)(B) and (b)(2)(iii)(C) of this section that

the written consent documents encompass the complete understandings and

agreements of the parties as to such consent; and that the terms and

conditions thereof are consistent with the Commission's rules. Should a

potential applicant disagree with a certified frequency coordinator's

determination that objectionable interference exists with respect to a

given channel or channels, that potential applicant may request the

Commission to overturn the certified frequency coordinator's

determination. In that event, the burden of proving by clear and

convincing evidence that the certified frequency coordinator's

determination is incorrect shall rest with the potential applicant. If

a licensee has consented to the use of trunking, but later decides

against the use of trunking, that licensee may request that the

licensee(s) of the trunked system(s) cease the use of trunking. Should

the trunked station(s) decline the licensee's request, the licensee may

request a replacement channel from the Commission. A new applicant

whose interference contour overlaps the service contour of a trunked

licensee will be assigned the same channel as the trunked licensee only

if the trunked licensee consents in writing and a copy of the written

consent is submitted to the certified frequency coordinator responsible

for coordination of the application.

* * * * *

(d) Potential applicants proposing trunked operation may file

written notice with any certified frequency coordinator for the pool

(Public Safety or Industrial/Business) in which the applicant proposes

to operate. The notice shall specify the channels on which the

potential trunked applicant proposes to operate and the proposed

effective radiated power, antenna pattern, height above ground, height

above average terrain and proposed channel bandwidth. On receipt of

such a notice, the certified frequency coordinator shall notify all

other certified frequency coordinators in the relevant pool within one

business day. For a period of sixty days thereafter, no application

will be accepted for coordination which specifies parameters that would

result in objectionable interference to the channels specified in the

notice. Potential applicants shall not file another notice for the same

channels within 10 km (6.2 miles) of the same location unless six

months shall have elapsed since the filing of the last such notice.

Certified frequency coordinators shall return without action, any

coordination request which violates the terms of paragraph (d) of this

section.

(e) No more than 10 channels for trunked operation in the

Industrial/Business Pool may be applied for in a single application.

Subsequent applications, limited to an additional 10 channels or fewer,

must be accompanied by a certification, submitted to the certified

frequency coordinator coordinating the application, that all of the

applicant's existing channels authorized for trunked operation have

been constructed and placed in operation. Certified frequency

coordinators are authorized to require documentation in support of the

applicant's certification that existing channels have been constructed

and placed in operation. Applicants in the Public Safety Pool may

request more than 10 channels at a single location provided that any

application for more than 10 Public Safety Pool channels must be

accompanied by a showing of sufficient need. The requirement for such a

showing may be satisfied by submission of loading studies demonstrating

that requested channels in excess of 10 will be loaded with 50 mobiles

per channel within a five year period commencing with grant of the

application.

(f) If a licensee authorized for trunked operation discontinues

trunked operation for a period of 30 consecutive days, the licensee,

within 7 days of the expiration of said 30 day period, shall file a

conforming application for modification of license with the Commission.

Upon grant of that application, new applicants may file for the same

channel or channels notwithstanding the interference contour of the new

applicant's proposed channel or channels overlaps the service contour

of the station that was previously engaged in trunked operation.

[FR Doc. 99-24157 Filed 9-15-99; 8:45 am]

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