Private Land Mobile Radio Services

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 97-153, RM-8584, RM-8623, RM-8680, RM-8734; FCC 99-9]

Private Land Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission has released this document that adopts several

amendments to the Private Land Mobile Radio Services rules. This

document was prepared in response to the Commission's Notice of

Proposed Rulemaking in this proceeding regarding eliminating certain

frequency coordination requirements in the Business Radio Service, the

transmission of safety alerting signals on Radiolocation Service

frequencies, and modifying construction and loading requirements for

private, non-Specialized Mobile Radio systems operating in the 800 and

900 MHz bands. The adopted rules will reduce the regulatory burden on

licensees, and will promote more efficient and flexible use of the

private land mobile radio frequency spectrum.

DATES: Effective April 5, 1999.

FOR FURTHER INFORMATION CONTACT: Gene Thomson, Policy and Rules Branch,

Public Safety and Private Wireless Division, Wireless

Telecommunications Bureau, (202) 418-0680.

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

and Order, WT Docket No. 97-153, FCC 99-9, adopted January 28, 1999,

and released February 19, 1999. The full text of this Report and Order

is available for inspection and copying during normal business hours in

the FCC Reference Center, Room 246, 1919 M Street N.W., Washington,

D.C. The complete text may be purchased from the Commission's copy

contractor, ITS, Inc., 1231 20th St. N.W., Washington, D.C. 20036,

telephone (202) 857-3800. The complete (but unofficial) text is also

available on the Commission's Internet site at http://www.fcc.gov/

Bureaus/Wireless/Notices/1999/index.html> under the file name

``fcc999txt'' in ASCII text and ``fcc999.wp'' in Word Perfect format.

Synopsis of the Report and Order

1. The Commission has released a Report and Order that adopts

several amendments to part 90 of the rules concerning the Private Land

Mobile Radio Services. These amendments were proposed in a Notice of

Proposed Rulemaking contained in 62 FR 46468 (September 3, 1997). The

rule changes include: (1) the elimination of frequency coordination

requirements for five low-power frequencies in the Industrial/Business

Pool; (2) permitting the transmission of alerting signals for a safety

warning system operating at 24.10 GHz in the Radiolocation Service; and

(3) extending the construction period requirement for private, non-

Specialized Mobile Radio systems operating in the 800 and 900 MHz bands

from eight months to twelve months.

Administrative Matters

Final Regulatory Flexibility Analysis

2. As required by the Regulatory Flexibility Act (``RFA''), the

Commission has prepared this present Final Regulatory Flexibility

Analysis (``FRFA'') which conforms to the RFA.

A. Need for, and Objectives of, the Adopted Rules

3. To reduce regulatory requirements, the Commission has adopted

rules to: (1) amend part 90 of its rules to increase the construction

period applicable to non-Specialized Mobile Radio, 800 and 900 MHz land

mobile radio systems from eight months to one year; (2) delete the

frequency coordination requirement before a station can be licensed for

mobile operation on five low power frequencies in the 150-174 MHz band;

and (3) permit the use of frequencies in the Radiolocation Service

24.05-24.25 GHz band for the transmission of alerting signals to warn

motorists of hazardous driving conditions. These rule changes will

permit licensees more time to construct their systems, and will promote

more flexible use of land mobile spectrum. We believe these changes

will encourage growth of land mobile systems and enhance

telecommunications offerings for consumers, producers and new entrants.

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

to the IRFA

4. No comments were submitted specifically in response to the

Initial Regulatory Flexibility Analysis. We expect, however, that our

actions will benefit all entities subject to these rule changes,

including small businesses.

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

Rules Will Apply

5. The RFA directs agencies to provide a description of and, where

feasible, an estimate of the number of small entities that may be

affected by

[[Page 10396]]

the proposed rules, if adopted. The RFA generally defines the term

``small entity'' as having the same meaning as the terms ``small

business,'' ``small organization,'' and ``small governmental

jurisdiction.'' In addition, the term ``small business'' has the same

meaning as the term ``small business concern'' under the Small Business

Act. A small business concern is one which: (1) is independently owned

and operated; (2) is not dominant in its field of operation; and (3)

satisfies any additional criteria established by the Small Business

Administration (SBA).

6. The adopted rules apply to businesses and local government

entities that operate radio systems for their own internal use in the

PLMR services. PLMR systems serve an essential role in a vast range of

industrial, business, land transportation, and public safety

activities. These radios are used by companies of all sizes operating

in all U.S. business categories. Because of the vast array of PLMR

users, the Commission has not developed nor would it be possible to

develop a definition of small businesses specifically applicable to

PLMR users. Therefore, for the purpose of determining whether a

licensee is a small business as defined by the Small Business

Administration (SBA), each licensee would need to be evaluated within

its own business area. Therefore, the appropriate definition for PLMRS

small businesses is SBA's definition for radiotelephone (wireless)

companies. That definition provides that a small entity is a

radiotelephone company employing no more than 1,500 persons.

7. We sought comment on the number of small businesses which could

be impacted by the proposed rules. We noted that the Commission's 1994

Annual Report indicates that at the end of fiscal year 1994 there were

approximately 292,000 PLMR stations and 5.4 million transmitters

operating in the 800, 900 MHz and 24 GHz bands. Further, because any

entity engaged in a business activity is eligible to hold a PLMR

license, the adopted rules could potentially impact every small

business in the U.S. There are far fewer than 292,000 licensees among

the 292,000 PLMR stations. We do not have data specifying the number of

these licensees that have 1,500 employees or fewer and are not dominant

in their field of operation, and thus are unable at this time to

estimate with greater precision the number of such entities that might

qualify as small business concerns under the SBA's definition. In

reality, however, the number of small businesses affected by the change

in the construction period rule and the elimination of the frequency

coordination requirement for five VHF low power frequencies, is

expected to be very small.

8. As noted, the RFA also includes small governmental entities as a

part of the regulatory flexibility analysis. The definition of a small

governmental entity is one with a population of less than 50,000. There

are 85,006 governmental entities in the nation. This number includes

such entities as states, counties, cities, utility districts, and

school districts. There are no figures available on what portion of

this number has populations of fewer than 50,000. However, this number

includes 38,978 counties, cities, and towns, and of those, 37,566, or

96 percent, have populations of fewer than 50,000. The Census Bureau

estimates that this ratio is approximately accurate for all

governmental entities. Thus, of the 85,006 governmental entities, we

estimate that 96 percent, or 81,600 are small entities that may be

affected by our adopted rule to permit public safety licensees (local

government entities) to use the frequency 24.10 GHz for transmitting

traffic safety alerting signals. The decision whether or not to use

this frequency would be made by each local governmental agency.

D. Description of Projected Reporting, Recordkeeping and Other

Compliance Requirements

9. The extension of the construction period from 8 to 12 months for

800 and 900 MHz non-Specialized Mobile Radio licensees will ease the

regulatory burden on these licensees. The deletion of the frequency

coordination requirement for certain frequencies in the 150-174 MHz

band will eliminate the frequency coordination fees that applicants

were required to pay before receiving a license from the Commission. No

new requirements would be imposed as a result of the actions adopted in

this rule making proceeding. Thus, costs to certain applicants for the

preparation and filing of license applications would be reduced.

E. Steps Taken To Minimize Significant Economic Impact on Small

Entities and Significant Alternatives Considered

10. In the IRFA, we indicated that an alternative to our proposed

rule to extend the construction period from 8 months to 12 months for

800 and 900 MHz non-SMR licensees would be to permit a longer than 12

month construction period for small entities. We requested comments on

whether a longer construction period is necessary for small entities or

whether the current waiver process is sufficient. No comments were

submitted in response to our request. No commenters raised any

alternatives to any of our proposals. We believe that changing from an

eight month to a twelve month construction period will ease the

regulatory burden on small businesses by reducing the need for small

business to request extensions of the construction period.

Report to Congress: The Commission will send a copy of this Report

and Order, WT Docket No. 97-153, including this FRFA, in a report to be

sent to Congress pursuant to the Small Business Regulatory Enforcement

Fairness Act, see 5 U.S.C. 801(a)(1)(A). In addition, the Commission

will send a copy of the Report and Order, WT Docket No. 97-153,

including the FRFA, to the Chief Counsel for Advocacy of the Small

Business Administration. A summary of the Report and Order, WT Docket

No. 97-153, including the FRFA, will also be published in the Federal

Register.

Ordering Clauses

11. Accordingly, it is ordered that, pursuant to the authority of

Sections 4(i), 303(r), and 332(a)(2) of the Communications Act of 1934,

as amended, 47 U.S.C. 154(i), 303(r), and 332(a)(2), part 90 of the

Commission's Rules, 47 CFR part 90 is amended as set forth in the

attached Rule Changes.

12. It is further ordered that the rule changes adopted herein will

become effective April 5, 1999.

13. It is further ordered that the Commission's Office of Public

Affairs, Reference Operations Division, shall send a copy of this

Report and Order, WT Docket No. 97-153, including the Final Regulatory

Flexibility Analysis, to the Chief Counsel for Advocacy of the Small

Business Administration.

List of Subjects in 47 CFR Part 90

Communications equipment, Radio.

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: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as

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

[[Page 10397]]

2. Section 90.20 is amended by revising paragraph (f)(4) to read as

follows:

Sec. 90.20 Public Safety Pool.

* * * * *

(f) * * *

(4) A licensee of a radio station in this service may operate radio

units for the purpose of determining distance, direction, speed, or

position by means of a radiolocation device on any frequency available

for radiolocation purposes without additional authorization from the

Commission, provided type accepted equipment or equipment authorized

pursuant to Secs. 90.203(b)(4) and (b)(5) of this part is used, and all

other rule provisions are satisfied. A licensee in this service may

also operate, subject to all of the foregoing conditions and on a

secondary basis, radio units at fixed locations and in emergency

vehicles that transmit on the frequency 24.10 GHz, both unmodulated

continuous wave radio signals and modulated FM digital signals for the

purpose of alerting motorists to hazardous driving conditions or the

presence of an emergency vehicle. Unattended and continuous operation

of such transmitters will be permitted.

3. Section 90.35 is amended by adding paragraph (d)(7) to read as

follows:

Sec. 90.35 Industrial/Business Pool.

* * * * *

(d) * * *

(7) A railroad licensee, i.e., a licensee eligible for frequencies

listed in Sec. 90.35(b)(3) of this section that are coordinated by the

railroad coordinator (LR), may operate radio units at fixed locations

and in moving railroad locomotives/cars that transmit on the frequency

24.10 GHz, both unmodulated continuous wave radio signals and modulated

FM digital signals for the purpose of alerting motorists to the

presence of an approaching train. Unattended and continuous operation

of such transmitters will be permitted without additional authorization

from the Commission, provided type accepted equipment or equipment

authorized pursuant to Secs. 90.203(b)(4) and (b)(5) of this part is

used, and all other rule provisions are satisfied.

4. Section 90.103 is amended by revising paragraph (c)(22) to read

as follows:

Sec. 90.103 Radiolocation Service.

* * * * *

(c) * * *

(22) For frequencies 2455 MHz, 10,525 MHz, and 24,125 MHz, only

unmodulated, continuous wave (NON) emission shall be employed. The

frequency 24.10 GHz, and frequencies in the 24.20-24.25 GHz band may

use NON emission along with an ancillary FM digital emission. The

frequency 24.10 GHz will be used for the purpose of alerting motorists

of hazardous driving conditions and the presence of emergency vehicles.

Equipment operating on 24.10 GHz must keep the deviation of the FM

digital signal within 5 MHz. Equipment operating on this

frequency must have a frequency stability of at least 2000 ppm and is

exempt from the requirements of Secs. 90.403(c), 90.403(f), and 90.429

of this part.

* * * * *

5. Section 90.175 is amended by revising paragraph (i)(5) to read

as follows:

Sec. 90.175 Frequency coordination requirements.

* * * * *

(i) * * *

(5) Applications in the Industrial/Business Pool requesting a

frequency designated for itinerant operations, and applications

requesting operation on 154.570 MHz, 154.600 MHz, 151.820 MHz, 151.880

MHz, and 151.940 MHz.

* * * * *

6. Section 90.633 is amended by revising paragraphs (c) and (d) to

read as follows:

Sec. 90.633 Conventional systems loading requirements.

* * * * *

(c) Except as provided in Sec. 90.629 of this part, licensees of

conventional systems must place their authorized stations in operation

not later than one year after the date of grant of the system license.

(d) If a station is not placed in operation within one year, except

as provided in Section 90.629 of this part, the license cancels

automatically. For purposes of this section, a base station is not

considered to be in operation unless at least one associated mobile

station is also in operation.

* * * * *

7. Section 90.651 is amended by revising paragraph (c) to read as

follows:

Sec. 90.651 Supplemental reports required of licensees authorized

under this subpart.

* * * * *

(c) Licensees of conventional systems must report the number of

mobile units placed in operation within twelve months of the date of

the grant of their license. Such reports shall be filed within 30 days

from that date.

* * * * *

[FR Doc. 99-5216 Filed 3-3-99; 8:45 am]

BILLING CODE 6712-01-P