Radio services, special: 470 MHz band; applications and licensing,

[Federal Register: September 12, 2001 (Volume 66, Number 177)]

[Proposed Rules]

[Page 47435-47443]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr12se01-27]

[[Page 47435]]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 01-146; RM-9966; FCC 01-199]

Amendment of Part 90 of the Commission's Rules and Policies for Applications and Licensing of Low Power Operations in the Private Land Mobile Radio 450-470 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

SUMMARY: This document proposes changes to the Commission's Rules concerning low power operations in the private land mobile radio (PLMR) 450-470 MHz band. Many of these proposals reflect a consensus plan and are intended to address a diversity of low power communication requirements.

DATES: Comments are due on or before October 12, 2001; reply comments are due on or before November 13, 2001.

ADDRESSES: Comments should be filedto the Commission's Secretary, Magalie Roman Salas, Office of Secretary, Federal Communications Commission, 445 12th St., SW., Room TW-A325, Washington, DC 20554. Comments may also be filedusing the Commission's Electronic Filing System, which can be accessed via the Internet at www.fcc.gov/e-file/ ecfs.html.

FOR FURTHER INFORMATION CONTACT: Guy Benson, Esq. (202) 418-2946, gbenson@fcc.gov>, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice of Proposed Rule Making, (NPRM), FCC 01-199 in WT Docket No. 01-146, adopted on July 2, 2001, and released on July 24, 2001. The full text of this document is available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. This document may also be purchased from the Commission's duplicating contractor, Qualex International, Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC, 20554, telephone 202-863-2893, facsimile 202- 863-2898, or via e-mail qualexint@aol.com. The full text may also be downloaded at: www.fcc.gov. Alternative formats are available to persons with disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202) 418-7365, bmillin@fcc.gov.

Summary of the Notice of Proposed Rule Making

1. Section 90.267 of the Commission's Rules provides that any regularly assignable channel in the 450-470 MHz PLMR band may be designated by the frequency coordinators as a low power channel in a defined geographic area. Low power stations authorized under this section are limited to two (2) watts output power. The Low Power Plan currently in effect designates 104 ``12.5 kHz offset'' channel pairs (hereinafter ``channel pairs'') for low power operation nationwide: ninety (90) in the Industrial/Business Pool and fourteen (14) in the Public Safety Pool. The 6.25 kHz ``drop in'' channels directly adjacent to each designated 12.5 kHz channel are also designated for low power use.

2. On September 11, 2000, the Land Mobile Communications Council (LMCC) fileda Petition for Rule Making requesting the commencement of a proceeding to consider revisions to the Commission's Rules and policies for low power operations in the 450-470 MHz band. The LMCC is a non-profit association of organizations representing virtually all users of land mobile radio systems, providers of land mobile services, and manufacturers of land mobile radio equipment. LMCC's membership includes all of the Commission's certified part 90 frequency coordinators. The Petition for Rule Making reflects the LMCC's Consensus Plan for low power PLMR frequencies in 450-470 MHz band. This Notice of Proposed Rule Making seeks comment on the proposals set forth in the LMCC's Petition as well as other matters related to low power operations in the private land mobile radio (PLMR) 450-470 MHz band.

3. For the ninety (90) Industrial/Business Pool channel pairs, the Commission proposes to adopt the LMCC's proposal to divide these channel pairs into four groups (A, B, C and D) each with differing technical and operational limitations. Group A consisting of fifty (50) channel pairs, would be allowed a maximum power of 20 watts ERP for base stations and 5 watts total power output (TPO) for mobile/portable units. In addition, antenna height for fixed stations would be restricted to 23 meters (75 feet above ground level). Forty (40) of the fifty (50) channel pairs in Group A would be designated for low power use only within 80 km (50 miles) of the top 100 urban areas. Outside of these areas, the 40 channel pairs would be available for use at higher power limits. The ten (10) remaining Group A channel pairs would be designated nationwide for low power (20 watts/5 watts) operation, and would not be available for higher power use outside the top 100 urban areas. The Commission seeks comment as to, where higher power is proposed outside the top 100 urban areas, whether an intermediate power (such as 21-100 watts) should be considered instead. The Commission also seeks comment on how to define the top 100 urban areas.

4. Additionally, the Commission seeks comment on whether to amend the rules so that ten (10) Industrial/Business Pool channel pairs (Group B) would be restricted to low power non-voice operations, and whether voice operations should be allowed on a secondary, non- interfering basis to data.

5. The Commission also seeks comment on whether to amend the rules so that twenty-five (25) channel pairs (Group C) would be available for non-coordinated, itinerant use. Four of the frequencies that LMCC suggested for Group C, however, are currently designated under 47 C.F.R. part 90 for dockside operations on a primary basis. These four frequencies are authorized for mobile operation for radio remote control and telemetering functions, and also may be operated in the continuous carrier transmit mode. We do not believe that sharing between these currently authorized uses and the proposed non- coordinated, itinerant operations is advisable due to the potential for harmful interference. Consequently, we seek comment as to what alternate channels might replace the four frequencies listed by LMCC. Also, the Commission tentatively concludes that ten channel pairs that LMCC suggested for Group C should not be made available for such itinerant use until the end of the wireless medical telemetry transition period (October 2003).

6. The Commission also seeks comment on LMCC's suggestion to retain current rules for the five (5) channel pairs that comprise Group D. Current rules designate these channels, in all areas or specified areas of the nation, for central station alarm use.

7. For the fourteen (14) Public Safety Pool channel pairs, the Commission seeks comment on whether to amend the rules to increase the maximum operating power for the fourteen (14) channel pairs allocated to the Public Safety Pool to five (5) watts TPO.

8. The Commission seeks comment on a number of issues related to LMCC's Petition/Consensus Plan and the Commission's low power rules and policies. For example, comment is sought on whether to amend the rules to codify the Consensus Plan. We also

   [[Page 47436]]

   ask questions about whether to use ``effective radiated power'' or ``total power output'' for power limitations. The Commission seeks comment on whether to amend the rules to limit low power, non-voice communications to the ten channels in Group B, and whether Group A and/ or C channels should be designated primarily for voice operations, with non-voice operations authorized on a secondary basis in either group.

9. Finally, the Commission seeks comment on how to treat entities licensed for high power operation (as well as other incumbents) on the channel pairs that are specifically designated for low power operation.

   Regulatory Flexibility Act

10. As required by the Regulatory Flexibility Act (RFA), the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the expected impact on small entities of the policies and rules proposed in the Notice of Proposed Rule Making. Written public comments are requested on the IRFA. Comments must be identified as responses to the IRFA and must be filedby the deadlines for comments on this Notice of Proposed Rule Making.

    Reason for, and Objectives of, the R&O

11. The Commission tasked the PLMR frequency coordinators to develop a plan for low power operations, through industry consensus, on what was formerly known as the 450-470 MHz low power offset channels. On June 4, 1997, the Land Mobile Communications Council (LMCC) filed this plan (Consensus Plan). Because the LMCC's Consensus Plan required changes to the Commission's Rules, on September 11, 2000, the LMCC submitted a petition for rule making in which it asks the Commission to adopt these rule changes. Therefore, the Commission proposes to amend part 90 of its rules in order to effectuate the changes suggested in the Consensus Plan.

12. These rule changes are needed in order to facilitate the viability of important low power operations in the 450-470 MHz band. Previously, low power operators were licensed on channels that were 12.5 kHz removed from regularly assignable channels in this band (``12.5 kHz offset channels''). These offset channels, however, were reclassified by the Commission for high power operation. Because of the continuing need for low power channels, we believe that implementation of the rule changes proposed in this Notice is in the public interest.

    Legal Basis

13. Authority for the proposed rules included in this issuance of this Notice is contained in Sections 1, 4(i), 302, 303(f), and (r), and 332 of the Communications Act of 1934, as amended, 47 U.S.C. Secs. 1, 154(i), 302, 303(f) and (r), and 332.

    Description and Estimate of the Number of Small Entities to Which the Rules Will Apply

14. 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 the proposed rules, if adopted. The RFA defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small business concern'' under section 3 of 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 SBA. Nationwide, as of 1992, there were approximately 275,801 small organizations. ``Small governmental jurisdiction'' generally means ``governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than 50,000.'' As of 1992, there were approximately 85,006 such jurisdictions in the United States. This number includes 38,978 counties, cities, and towns; of these, 37,566, or ninety-six 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 81,600 (ninety-one percent) are small entities. Below, we further describe and estimate the number of small entity licensees and regulatees that may be affected by the proposed rules, if adopted.

15. Public Safety radio services and Governmental entities. As a general matter, Public Safety Radio Pool licensees include police, fire, local government, forestry conservation, highway maintenance, and emergency medical services. The SBA rules contain a definition for small radiotelephone (wireless) companies, which encompasses business entities engaged in radiotelephone communications employing no more that 1,500 persons. There are a total of approximately 127,540 licensees within these services. Governmental entities as well as private businesses comprise the licensees for these services. The RFA also includes small governmental entities as a part of the regulatory flexibility analysis. ``Small governmental jurisdiction'' generally means ``governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than 50,000.'' As of 1992, there were approximately 85,006 such jurisdictions in the United States. This number includes 38,978 counties, cities and towns; of these, 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, the Commission estimates that 81,600 (91 percent) are small entities.

16. Estimates for PLMR Licensees. Private land mobile radio systems serve an essential role in a vast range of industrial, business, land transportation, and public safety activities. These radios are used by companies of all sizes operating in all U.S. business categories. Because of the vast array of PLMR users, the Commission has not developed a definition of small entities specifically applicable to PLMR users, nor has the SBA developed any such definition. The SBA rules do, however, contain a definition for small radiotelephone (wireless) companies. Included in this definition are business entities engaged in radiotelephone communications employing no more that 1,500 persons. According to the Bureau of the Census, only twelve radiotelephone firms of a total of 1,178 such firms which operated during 1992 had 1,000 or more employees. 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. The Commission's fiscal year 1994 annual report indicates that, at the end of fiscal year 1994, there were 1,101,711 licensees operating 12,882,623 transmitters in the PLMR bands below 512 MHz.

17. Equipment Manufacturers. The Commission anticipates that radio equipment manufacturers will be affected by the proposals in this proceeding. According to the SBA's regulations, a radio and television broadcasting and communications equipment manufacturer must have 750 or fewer employees in order to qualify as a small business concern. Census Bureau data indicate that there are 858 U.S. firms that manufacture radio and television broadcasting and communications equipment, and that 778 of these firms have fewer than 750 employees and would therefore be classified as small entities.

    [[Page 47437]]

    Reporting, Recordkeeping, and Other Compliance Requirements

18. Reporting, record keeping, and compliance requirements under these proposed rules are nominal. No new reporting, recordkeeping, or other compliance requirements would be imposed on applicants or licensees as a result of the actions proposed in this rule making proceeding.

    Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered

19. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives: (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rule or any part thereof for small entities.

20. Regarding the proposal to increase the power limits and antenna height for low power users operating on the fifty channels in Group A, there should be no significant adverse impact on small entities. Although increasing the power and antenna height limits for low power users on these channels could decrease the number of operators possible in a given area, the Commission believes that the need for higher power and antenna height on these channels outweighs the potential losses. An alternative to this proposal would be to maintain the current power restriction of 2 watts output power and 7 meters antenna height, or impose power limitations less than 20 watts for base stations and 5 watts for mobile/portable stations and less than 23 meters antenna height above ground level. These alternatives, however, would not address the need, especially in hostile communications areas, for more than 2 watts output power and antenna heights of 7 meters.

21. In addition, regarding the proposal to designate 25 channels for low power, itinerant use in Group C, incumbent licensees, some of which may be small entities, could face interference from itinerant users that will not be required to coordinate their operations through a certified frequency coordinator. Such potential interference, however, is balanced against the need for itinerant operations in the PLMR services. In this connection, small businesses that require itinerant operations will be eligible for these channels and may benefit from the proposal. Although comment is sought as to how to treat incumbents generally in Group C, commenters should specifically discuss those incumbents that are considered to be small businesses.

22. Regarding the proposal to require manufacturers of radios that are capable of working on these Group C channels to construct the radios so that they only work on these 25 channels and other UHF color dot and star dot frequencies, there should be no significant adverse impact on small entities. An alternative to this proposal would be to not require manufacturers to construct the radios so as to limit the frequencies that they are capable of working on. This alternative would not, however, help protect full power coordinated channels from additional co-channel conflicts that might occur from uncoordinated users.

23. Regarding the proposal to allow 5 watts ERP for the fourteen channels in the Public Safety Pool, there should be no significant adverse impact on small entities. An alternative to this proposal would be to maintain the current limitation of 2 watts output power or to impose a power limitation of less than 5 watts ERP. Neither of these alternatives, however, would be sufficient to promote flexibility for Public Safety Pool licensees that require more than 2 watts output power for their operations.

24. Finally, comment is sought on how the changes proposed in the Notice will effect small entities.

    Report to Congress

25. The Commission will send a copy of the NPRM, including this IRFA, in a report to be sent to Congress pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996. In addition, the Commission will send a copy of the NPRM, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the NPRM and IRFA (or summaries thereof) will also be published in the Federal Register.

    Administrative Matters

    Ex Parte Rules--Permit-but-Disclose Proceeding

26. This is a permit-but-disclose notice and comment rulemaking proceeding. Ex parte presentations are permitted, except during the Sunshine Agenda period, if they are disclosed as provided in the Commission's Rules. See generally 47 CFR 1.1200(a), 1.1203, and 1.1206.

    Alternative Formats

27. Alternative formats (computer diskette, large print, audio cassette and Braille) are available from Brian Millin at (202) 418- 7426, TTY (202) 418-7365, or at bmillin@fcc.gov. This Notice can also be downloaded at http://www.fcc.gov/dtf/.

    Pleading Dates

28. Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested parties may file comments on or before October 12, 2001 and reply comments on or before November 13, 2001. Comments may be filedusing the Commission's Electronic Comment Filing System (ECFS), http://www.fcc.gov/e-file/ecfs.html, or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 23,121 (1998).

29. Comments filedthrough the ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message, ``get form your e-mail address>.'' A sample form and directions will be sent in reply.

30. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appear in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. All filings must be sent to the Commission's Secretary, Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, 445 Twelfth Street, S.W., TW-A325, Washington, D.C. 20554.

    Ordering Clauses

31. Accordingly, It is ordered that, pursuant to Sections 1, 4(i), 302, 303(f) and (r), and 332 of the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 302, 303(f) and (r), 332, the Petition for Rule Making filedby the Land Mobile Communications Council

    [[Page 47438]]

    on September 11, 2000, Is Granted to the extent indicated herein.

32. It Is Further Ordered that, pursuant to Sections 1, 4(i), 302, 303(f) and (r), and 332 of the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 302, 303(f) and (r), 332, Notice is Hereby given of the proposed regulatory changes described in this Notice of Proposed Rule Making, and that Comment Is Sought on these proposals.

33. It Is Further Ordered that the Commission's Consumer Information Bureau, Reference Information Center, Shall Send a copy of this Notice of Proposed Rule Making, WT Docket No. 01-146, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration in accordance with Section 603(a) of the Regulatory Flexibility Act.

    List of Subjects in 47 CFR Part 90

    Communications equipment, Radio

    Federal Communications Commission. Magalie Roman Salas, Secretary.

    For reasons discussed in the preamble, the Federal Communications Commission proposes to amend 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(i), 11, 303(g), 303(r) and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).

2. Section 90.20 is amended as follows:

   1. The table in paragraph (c)(3) is amended by revising the entries for the following frequencies to include new limitation number 84 (Note: In the final rule, we will set out the full entry for each frequency listed):

      Sec. 90.20 Public Safety Pool.

      * * * * *

      (c) * * *

      (3) * * *

      453.03125 MHz, 453.0375 MHz, 453.04375 MHz, 453.05625 MHz, 453.0625 MHz, 453.06875 MHz, 453.08125 MHz, 453.0875 MHz, 453.09375 MHz, 453.10625 MHz, 453.1125 MHz, 453.11875 MHz, 453.13125 MHz, 453.1375 MHz, 453.14375 MHz, 453.88125 MHz, 453.8875 MHz, 453.89375 MHz, 453.90625 MHz, 453.9125 MHz, 453.91875 MHz, 453.93125 MHz, 453.9375 MHz, 453.94375 MHz, 453.95625 MHz, 453.9625 MHz, 453.96875 MHz, 453.98125 MHz, 453.9875 MHz, 453.99375 MHz, 458.03125 MHz, 458.0375 MHz, 458.04375 MHz, 458.05625 MHz, 458.0625 MHz, 458.06875 MHz, 458.08125 MHz, 458.0875 MHz, 458.09375 MHz, 458.10625 MHz, 458.1125 MHz, 458.11875 MHz, 458.13125 MHz, 458.1375 MHz, 458.14375 MHz, 458.88125 MHz, 458.8875 MHz, 458.89375 MHz, 458.90625 MHz, 458.9125 MHz, 458.91875 MHz, 458.93125 MHz, 458.9375 MHz, 458.94375 MHz, 458.95625 MHz, 458.9625 MHz, 458.96875 MHz, 458.98125 MHz, 458.9875 MHz, 458.99375 MHz, 460.48125 MHz, 460.4875 MHz, 460.49375 MHz, 460.50625 MHz, 460.5125 MHz, 460.51875 MHz, 460.53125 MHz, 460.5375 MHz, 460.54375 MHz, 460.55625 MHz, 460.5625 MHz, 460.56875 MHz, 465.48125 MHz, 465.4875 MHz, 465.49375 MHz, 465.50625 MHz, 465.5125 MHz, 465.51875 MHz, 465.53125 MHz, 465.5375 MHz, 465.54375 MHz, 465.55625 MHz, 465.5625 MHz, 465.56875 MHz.

   2. A new paragraph (d)(84) is added to read as follows:

      Sec. 90.20 Public Safety Pool.

      * * * * *

      (d) * * *

      (84) These frequencies are low power frequencies governed by Sec. 90.267.

3. Section 90.35(b)(3) is amended as follows:

   Sec. 90.35 Industrial/Business Pool.

   1. The table in paragraph (b)(3) is amended by revising the entries for the following frequencies to include new limitation number 83 (Note: In the final rule, we will set out the full entry for each frequency listed):

      451.18125 MHz, 451.1875 MHz, 451.19375 MHz, 451.23125 MHz, 451.2375 MHz, 451.24375 MHz, 451.28125 MHz, 451.2875 MHz, 451.29375 MHz, 451.30625 MHz, 451.3125 MHz, 451.31875 MHz, 451.33125 MHz, 451.3375 MHz, 451.34375 MHz, 451.35625 MHz, 451.3625 MHz, 451.36875 MHz, 451.38125 MHz, 451.3875 MHz, 451.39375 MHz, 451.40625 MHz, 451.4125 MHz, 451.41875 MHz, 451.43125 MHz, 451.4375 MHz, 451.44375 MHz, 451.45625 MHz, 451.4625 MHz, 451.46875 MHz, 451.48125 MHz, 451.4875 MHz, 451.49375 MHz, 451.50625 MHz, 451.5125 MHz, 451.51875 MHz, 451.53125 MHz, 451.5375 MHz, 451.54375 MHz, 451.55625 MHz, 451.5625 MHz, 451.56875 MHz, 451.58125 MHz, 451.5875 MHz, 451.59375 MHz, 451.60625 MHz, 451.6125 MHz, 451.61875 MHz, 451.63125 MHz, 451.6375 MHz, 451.64375 MHz, 451.65625 MHz, 451.6625 MHz, 451.66875 MHz, 451.68125 MHz, 451.6875 MHz, 451.69375 MHz, 451.70625 MHz, 451.7125 MHz, 451.71875 MHz, 451.73125 MHz, 451.7375 MHz, 451.74375 MHz, 451.75625 MHz, 451.7625 MHz, 451.76875 MHz, 452.03125 MHz, 452.0375 MHz, 452.04375 MHz, 452.05625 MHz, 452.0625 MHz, 452.06875 MHz, 452.08125 MHz, 452.0875 MHz, 452.09375 MHz, 452.10625 MHz, 452.1125 MHz, 452.11875 MHz, 452.13125 MHz, 452.1375 MHz, 452.14375 MHz, 452.15625 MHz, 452.1625 MHz, 452.16875 MHz, 452.18125 MHz, 452.1875 MHz, 452.19375 MHz, 452.28125 MHz, 452.2875 MHz, 452.29375 MHz, 452.30625 MHz, 452.3125 MHz, 452.31875 MHz, 452.40625 MHz, 452.4125 MHz, 452.41875 MHz, 452.48125 MHz, 452.4875 MHz, 452.49375 MHz, 452.50625 MHz, 452.5125 MHz, 452.51875 MHz, 452.53125 MHz, 452.5375 MHz, 452.54375 MHz,

      452.63125 MHz, 452.6375 MHz, 452.64375 MHz, 452.65625 MHz, 452.6625 MHz, 452.66875 MHz, 452.68125 MHz, 452.6875 MHz, 452.69375 MHz, 452.70625 MHz, 452.7125 MHz, 452.71875 MHz, 452.75625 MHz, 452.7625 MHz, 452.76875 MHz, 452.78125 MHz, 452.7875 MHz, 452.79375 MHz, 452.80625 MHz, 452.8125 MHz, 452.81875 MHz, 452.83125 MHz, 452.8375 MHz, 452.84375 MHz, 452.85625 MHz, 452.8625 MHz, 452.86875 MHz, 452.88125 MHz, 452.8875 MHz, 452.89375 MHz, 452.98125 MHz, 452.9875 MHz, 452.99375 MHz, 456.18125 MHz, 456.1875 MHz, 456.19375 MHz, 456.23125 MHz, 456.2375 MHz, 456.24375 MHz, 456.28125 MHz, 456.2875 MHz, 456.29375 MHz, 456.30625 MHz, 456.3125 MHz, 456.31875 MHz, 456.33125 MHz, 456.3375 MHz, 456.34375 MHz, 456.35625 MHz, 456.3625 MHz, 456.36875 MHz, 456.38125 MHz, 456.3875 MHz, 456.39375 MHz, 456.40625 MHz, 456.4125 MHz, 456.41875 MHz, 456.43125 MHz, 456.4375 MHz, 456.44375 MHz, 456.45625 MHz, 456.4675 MHz, 456.46875 MHz, 456.48125 MHz, 456.4875 MHz, 456.49375 MHz, 456.50625 MHz, 456.5125 MHz, 456.51875 MHz, 456.53125 MHz, 456.5375 MHz, 456.54375 MHz, 456.55625 MHz, 456.5625 MHz, 456.56875 MHz, 456.58125 MHz,

      [[Page 47439]]

      456.5875 MHz, 456.59375 MHz, 456.60625 MHz, 456.6125 MHz, 456.61875 MHz, 456.63125 MHz, 456.6375 MHz, 456.64375 MHz, 456.65625 MHz, 456.6625 MHz, 456.66875 MHz, 456.68125 MHz, 456.6875 MHz, 456.69375 MHz, 456.70625 MHz, 456.7125 MHz, 456.71875 MHz, 456.73125 MHz, 456.7375 MHz, 456.74375 MHz, 456.75625 MHz, 456.7625 MHz, 456.76875 MHz, 457.03125 MHz, 457.0375 MHz, 457.04375 MHz, 457.05625 MHz, 457.0625 MHz, 457.06875 MHz,

      457.08125 MHz, 457.0875 MHz, 457.09375 MHz, 457.10625 MHz, 457.1125 MHz, 457.11875 MHz, 457.13125 MHz, 457.1375 MHz, 457.14375 MHz, 457.15625 MHz, 457.1625 MHz, 457.16875 MHz, 457.18125 MHz, 457.1875 MHz, 457.19375 MHz, 457.28125 MHz, 457.2875 MHz, 457.29375 MHz, 457.30625 MHz, 457.3125 MHz, 457.31875 MHz, 457.40625 MHz, 457.4125 MHz, 457.41875 MHz, 457.48125 MHz, 457.4875 MHz, 457.49375 MHz, 457.50625 MHz, 457.5125 MHz, 457.51875 MHz, 457.53125 MHz, 457.5375 MHz, 457.54375 MHz, 457.63125 MHz, 457.6375 MHz, 457.64375 MHz, 457.65625 MHz, 457.6625 MHz, 457.66875 MHz, 457.68125 MHz, 457.6875 MHz, 457.69375 MHz, 457.70625 MHz, 457.7125 MHz, 457.71875 MHz, 457.75625 MHz, 457.7625 MHz, 457.76875 MHz, 457.78125 MHz, 457.7875 MHz, 457.79375 MHz, 457.80625 MHz, 457.8125 MHz, 457.81875 MHz, 457.83125 MHz, 457.8375 MHz, 457.84375 MHz, 457.85625 MHz, 457.8625 MHz, 457.86875 MHz, 457.88125 MHz, 457.8875 MHz, 457.89375 MHz, 457.98125 MHz, 457.9875 MHz, 457.99375 MHz, 460.90625 MHz, 460.9125 MHz, 460.91875 MHz, 460.93125 MHz, 460.9375 MHz, 460.94375 MHz, 460.95625 MHz, 460.9625 MHz, 460.96875 MHz, 460.98125 MHz, 460.9875 MHz, 460.99375 MHz, 461.00625 MHz, 461.0125 MHz, 461.01875 MHz, 461.03125 MHz, 461.0375 MHz, 461.04375 MHz, 461.05625 MHz, 461.0625 MHz, 461.06875 MHz, 461.08125 MHz, 461.0875 MHz, 461.09375 MHz, 461.10625 MHz, 461.1125 MHz, 461.11875 MHz, 461.13125 MHz, 461.1375 MHz, 461.14375 MHz, 461.15625 MHz, 461.1625 MHz, 461.16875 MHz, 461.18125 MHz, 461.1875 MHz, 461.19375 MHz, 461.20625 MHz, 461.2125 MHz, 461.21875 MHz,

      461.23125 MHz, 461.2375 MHz, 461.24375 MHz, 461.25625 MHz, 461.2625 MHz, 461.26875 MHz, 461.28125 MHz, 461.2875 MHz, 461.29375 MHz, 461.30625 MHz, 461.3125 MHz, 461.31875 MHz, 461.33125 MHz, 461.3375 MHz, 461.34375 MHz, 461.35625 MHz, 461.3625 MHz, 461.36875 MHz, 462.18125 MHz, 462.1875 MHz, 462.19375 MHz, 462.20625 MHz, 462.2125 MHz, 462.21875 MHz, 462.23152 MHz, 462.2375 MHz, 462.24375 MHz, 462.25625 MHz, 462.2625 MHz, 462.26875 MHz, 462.28125 MHz, 462.2875 MHz, 462.29375 MHz, 462.30625 MHz, 462.3125 MHz, 462.31875 MHz, 462.33125 MHz, 462.3375 MHz, 462.34375 MHz, 462.35625 MHz, 462.3625 MHz, 462.36875 MHz, 462.38125 MHz, 462.3875 MHz, 462.39375 MHz, 462.40625 MHz, 462.4125 MHz, 462.41875 MHz, 462.43125 MHz, 462.4375 MHz, 462.44375 MHz, 462.45625 MHz, 462.4625 MHz, 462.46875 MHz, 462.48125 MHz, 462.4875 MHz, 462.49375 MHz, 462.50625 MHz, 462.5125 MHz, 462.51875 MHz, 462.8625 MHz, 462.8875 MHz,

      462.9125 MHz, 464.48125 MHz, 464.4875 MHz, 464.5125 MHz, 464.51875 MHz, 464.53125 MHz, 464.5375 MHz, 464.5625 MHz, 464.56875 MHz, 465.90625 MHz, 465.9125 MHz, 465.91875 MHz, 465.93125 MHz, 465.9375 MHz, 465.94375 MHz, 465.95625 MHz, 465.9625 MHz, 465.96875 MHz, 465.98125 MHz, 465.9875 MHz, 465.99375 MHz, 466.00625 MHz, 466.0125 MHz, 466.01875 MHz, 466.03125 MHz, 466.0375 MHz, 466.04375 MHz, 466.05625 MHz, 466.0625 MHz, 466.06875 MHz, 466.08125 MHz, 466.0875 MHz, 466.09375 MHz, 466.10625 MHz, 466.1125 MHz, 466.11875 MHz, 466.13125 MHz, 466.1375 MHz, 466.14375 MHz, 466.15625 MHz, 466.1625 MHz, 466.16875 MHz, 466.18125 MHz,

      466.1875 MHz, 466.19375 MHz, 466.20625 MHz, 466.2125 MHz, 466.21875 MHz, 466.23125 MHz, 466.2375 MHz, 466.24375 MHz, 466.25625 MHz, 466.2625 MHz, 466.26875 MHz, 466.28125 MHz, 466.2875 MHz, 466.29375 MHz, 466.30625 MHz, 466.3125 MHz, 466.31875 MHz, 466.33125 MHz, 466.3375 MHz, 466.34375 MHz, 466.35625 MHz, 466.3625 MHz, 466.36875 MHz, 467.18125 MHz, 467.1875 MHz, 467.19375 MHz, 467.20625 MHz, 467.2125 MHz, 467.21875 MHz, 467.23152 MHz, 467.2375 MHz, 467.24375 MHz, 467.25625 MHz, 467.2625 MHz, 467.26875 MHz, 467.28125 MHz, 467.2875 MHz, 467.29375 MHz, 467.30625 MHz, 467.3125 MHz, 467.31875 MHz, 467.33125 MHz, 467.3375 MHz, 467.34375 MHz, 467.35625 MHz, 467.3625 MHz, 467.36875 MHz, 467.38125 MHz, 467.3875 MHz, 467.39375 MHz, 467.40625 MHz, 467.4125 MHz, 467.41875 MHz, 467.43125 MHz, 467.4375 MHz, 467.44375 MHz, 467.45625 MHz, 467.4675 MHz, 467.46875 MHz, 467.48125 MHz, 467.4875 MHz, 467.49375 MHz, 467.50625 MHz, 467.5125 MHz, 467.51875 MHz, 467.8625 MHz, 467.8875 MHz, 467.9125 MHz, 469.48125 MHz, 469.4875 MHz, 469.5125 MHz, 469.51875 MHz, 469.53125 MHz, 469.5375 MHz, 469.5625 MHz, 469.56875 MHz.

   2. A new paragraph (c)(83) is added to read as follows:

      Sec. 90.35 Industrial/business pool.

      * * * * *

      (c) * * *

      (83) These frequencies are low power frequencies governed by Sec. 90.267.

4. Section 90.35 is amended by revising paragraph (c)(67) to read as follows:

   Sec. 90.35 Industrial/Business Pool.

   * * * * *

   (c) * * *

   (67) Use of this frequency is on a secondary basis and subject to the provisions of Sec. 90.267(a)(4), (a)(7), (a)(8) and (a)(9).

5. Section 90.203 is amended by adding paragraph (m) to read as follows:

   Sec. 90.203 Certification required.

   * * * * *

   (m) Transmitters for use on low power itinerant channels must be certificated, in accordance with the provisions of Part 2 of the Commission's Rules, and designed so that their operation is limited to the frequencies listed in Sec. 90.267(a)(4) and/or frequencies 464.500 MHz, 464.550 MHz, 467.850 MHz, 467.875 MHz, 467.900 MHz , and 467.925 MHz.

6. Section 90.267 is amended by revising paragraph (a) to read as follows:

   Sec. 90.267 Assignment and use of frequencies in the 450-470 MHz band for low power use.

   (a) The following frequencies between 450-470 MHz are designated for low-power use subject to the provisions of this section. Pairs are shown but single frequencies are available for simplex operations.

   [[Page 47440]]

   (1) Group A1 Frequencies. The Industrial/Business Pool frequencies listed in Group A1 are available on a coordinated basis, pursuant to Sec. 90.35(b)(2) and Sec. 90.175(b), as follows:

   (i) Within 80 kilometers of the top [xxx] urban areas, operation on these frequencies is limited to 5 watts output power for mobile stations and 20 watts effective radiated power for fixed stations. A maximum antenna height of 23 meters (75 feet) above ground is authorized for fixed stations.

   (ii) Outside 80 kilometers of the top [xxx] urban areas, operation on these frequencies is available for full power operation pursuant to the power and antenna height limits listed in Sec. 90.205.

   Industrial/Business Pool Group A1 Low Power Frequencies

   451.18125

   451.58125

   452.10625

   452.70625 456.18125

   456.58125

   457.10625

   457.70625 451.1875

   451.5875

   452.1125

   452.7125 456.1875

   456.5875

   457.1125

   457.7125 451.19375

   451.59375

   452.11875

   452.71875 456.19375

   456.59375

   457.11875

   457.71875 451.28125

   451.60625

   452.13125

   452.78125 456.28125

   456.60625

   457.13125

   457.78125 451.2875

   451.6125

   452.1375

   452.7875 456.2875

   456.6125

   457.1375

   457.7875 451.29375

   451.61875

   452.14375

   452.79375 456.29375

   456.61875

   457.14375

   457.79375 451.30625

   451.65625

   452.15625

   452.80625 456.30625

   456.65625

   457.15625

   457.80625 451.3125

   451.6625

   452.1625

   452.8125 456.3125

   456.6625

   457.1625

   457.8125 451.31875

   451.66875

   452.16875

   452.81875 456.31875

   456.66875

   457.16875

   457.81875 451.35625

   451.68125

   452.18125

   452.83125 456.35625

   456.68125

   457.18125

   457.83125 451.3625

   451.6875

   452.1875

   452.8375 456.3625

   456.6875

   457.1875

   457.8375 451.36875

   451.69375

   452.19375

   453.84375 456.36875

   456.69375

   457.19375

   457.84375 451.38125

   451.70625

   452.28125

   452.88125 456.38125

   456.70625

   457.28125

   457.88125 451.3875

   451.7125

   452.2875

   452.8875 456.3875

   456.7125

   457.2875

   457.8875 451.39375

   451.71875

   452.29375

   452.89375 456.39375

   456.71875

   457.29375

   457.89375 451.40625

   451.73125

   452.48125

   452.98125 456.40625

   456.73125

   457.48125

   457.98125 451.4125

   451.7375

   452.4875

   452.9875 456.4125

   456.7375

   457.4875

   457.9875 451.41875

   451.74375

   452.49375

   452.99375 456.41875

   456.74375

   457.49375

   457.99375 451.45625

   451.75625

   452.53125

   462.18125 456.45625

   456.75625

   457.53125

   467.18125 451.4625

   451.7625

   452.5375

   462.1875 456.4625

   456.7625

   457.5375

   467.1875 451.46875

   451.76825

   452.54375

   462.19375 456.46875

   456.76875

   457.54375

   467.19375 451.48125

   452.03125

   452.63125

   462.45625 456.48125

   457.03125

   457.63125

   467.45625 451.4875

   452.0375

   452.6375

   462.4625 456.4875

   457.0375

   457.6375

   467.4625 451.49375

   452.04375

   452.64375

   462.46875 456.49375

   457.04375

   457.64375

   467.46875 451.50625

   452.05625

   452.65625

   462.48125 456.50625

   457.05625

   457.65625

   467.48125 451.5152

   452.0625

   452.6625

   462.4875 456.5125

   457.0625

   457.6625

   467.4875 451.51875

   452.06875

   452.66875

   462.49375 456.51875

   457.06875

   457.66875

   467.49375 451.55625

   452.08125

   452.68125

   462.50625 456.55625

   457.08125

   457.68125

   467.50625 451.5625

   452.0875

   452.6875

   462.5125 456.5625

   457.0875

   457.6875

   467.5125 451.56875

   452.09375

   452.69375

   462.51875 456.56875

   457.09375

   457.69375

   467.51875

   (2) Group A2 Frequencies. The Industrial/Business Pool frequencies listed in Group A2 are available nationwide on a coordinated basis, pursuant to Sec. 90.35(b)(2) and Sec. 90.175(b). Operation on these frequencies is limited to 5 watts output power for mobile stations and 20 watts effective radiated power for fixed stations. A maximum antenna height of 23 meters (75 feet) above ground is authorized for fixed stations.

   [[Page 47441]]

   Industrial/Business Pool Group A2 Low Power Frequencies

   451.23125

   451.53125

   452.40625

   452.85625 456.23125

   456.53125

   457.40625

   457.85625 451.2375

   451.5375

   452.4125

   452.8625 456.2375

   456.5375

   457.4125

   457.8625 451.24375

   451.54375

   452.41875

   452.86875 456.24375

   456.54375

   457.41875

   457.86875 451.33125

   451.63125

   452.50625 456.33125

   456.63125

   457.50625 451.3375

   451.6375

   452.5125 456.3375

   456.6375

   457.5125 451.34375

   451.64375

   452.51875 456.34375

   456.64375

   457.51875 451.43125

   452.30625

   452.75625 456.43125

   457.30625

   457.75625 451.4375

   452.3125

   452.7625 456.4375

   457.3125

   457.7625 451.44375

   452.31875

   452.76875 456.44375

   457.31875

   457.76875

   (3) Group B Frequencies. The Industrial/Business Pool frequencies listed in Group B are available nationwide on a coordinated basis, pursuant to Sec. 90.35(b)(2) and Sec. 90.175(b), for data operations. Operation on these frequencies is limited to 2 watts output power for mobile or fixed stations. A maximum antenna height of 23 meters (75 feet) above ground is authorized for fixed stations.

   Industrial/Business Pool Group B Low Power Frequencies

   462.20625

   462.28125

   462.35625 467.20625

   467.28125

   467.35625 462.2125

   462.2875

   462.3625 467.2125

   467.2875

   467.3625 462.21875

   462.29375

   462.36875 467.21875

   467.29375

   467.36875 462.23152

   462.30625

   462.38125 467.23152

   467.30625

   467.38125 462.2375

   462.3125

   462.3875 467.2375

   467.3125

   467.3875 462.24375

   462.31875

   462.39375 467.24375

   467.31875

   467.39375 462.25625

   462.33125

   462.40625 467.25625

   467.33125

   467.40625 462.2625

   462.3375

   462.4125 467.2625

   467.3375

   467.4125 462.26875

   462.34375

   462.41875 467.26875

   467.34375

   467.41875

   (4) Group C Frequencies. The Industrial/Business Pool frequencies listed in Group C are available nationwide for non-coordinated itinerant use. Operation on these frequencies is limited to 2 watts output power for mobile or fixed stations. A maximum antenna height of 7 meters (20 feet) above ground is authorized for fixed stations. The frequencies in Group C that are subject to the provisions of Sec. 90.35(c)(67) will not be available for itinerant use until October 17, 2003.

   Industrial/Business Pool Group C Low Power Frequencies

   461.03125

   461.15625

   461.28125 466.03125

   466.15625

   466.28125 461.0375

   461.1625

   461.2875

   462.8625 466.0375

   466.1625

   466.2875

   467.8625 461.04375

   461.16875

   461.29375

   462.8875 466.04375

   466.16875

   466.29375

   467.8875 461.05625

   461.18125

   461.30625

   462.9125 466.05625

   466.18125

   466.30625

   467.9125 461.0625

   461.1875

   461.3125

   464.48125 466.0625

   466.1875

   466.3125

   469.48125 461.06875

   461.19375

   461.31875

   464.4875 466.06875

   466.19375

   466.31875

   469.4875 461.08125

   461.20625

   461.33125

   464.5125 466.08125

   466.20625

   466.33125

   469.5125 461.0875

   461.2125

   461.3375

   464.51875 466.0875

   466.2125

   466.3375

   469.51875 461.09375

   461.21875

   461.34375

   464.53125 466.09375

   466.21875

   466.34375

   469.53125 461.10625

   461.23125

   461.35625

   464.5375

   [[Page 47442]]

   466.10625

   466.23125

   466.35625

   469.5375 461.1125

   461.2375

   461.3625

   464.5625 466.1125

   466.2375

   466.3625

   469.5625 461.11875

   461.24375

   461.36875

   464.56875 466.11875

   466.24375

   466.36875

   469.56875 461.13125

   461.25625 466.13125

   466.25625 461.1375

   461.2625 466.1375

   466.2625 461.14375

   461.26875 466.14375

   466.26875

   (5) Group D Frequencies. The Industrial/Business Pool frequencies listed in Group D are available for central station alarm operations in urban areas as defined in Sec. 90.35(c)(63) and Sec. 90.35(c)(64). Central alarm stations may utilize antennas mounted not more than 7 meters (20 feet) above a man-made supporting structure. Outside the urban areas described in Sec. 90.35(c)(63), Group D frequencies are available for general industrial/business use on a coordinated basis, pursuant to Sec. 90.35(b)(2) and Sec. 90.175(b). Non-central station alarm operation on these frequencies is limited to 2 watts output power for mobile or fixed stations. Non-central station alarm stations are limited to a maximum antenna height of 7 meters (20 feet) above ground.

   Industrial/Business Pool Group D Low Power Frequencies

   460.90625

   460.95625

   461.00625 465.90625

   465.95625

   466.00625 460.9125

   460.9625

   461.0125 465.9125

   465.9625

   466.0125 460.91875

   460.96875

   461.01875 466.91875

   465.96875

   466.01875 460.93125

   460.98125 465.93125

   465.98125 460.9375

   460.9875 465.9375

   465.9875 460.94375

   460.99375 465.94375

   465.99375

   (6) Low Power Public Safety Frequencies. The frequencies listed in the Public Safety Pool Low Power Group are available nationwide on a coordinated basis, pursuant to Sec. 90.20(c)(2) and Sec. 90.175(b). Operation on these frequencies is limited to 5 watts output power for mobile or fixed stations. A maximum antenna height of 7 meters (20 feet) above ground is authorized for fixed stations.

   Public Safety Pool Low Power Frequencies

   453.03125

   453.13125

   453.95625

   460.53125 458.03125

   458.13125

   458.95625

   465.53125 453.0375

   453.1375

   453.9625

   460.5375 458.0375

   458.1375

   458.9625

   465.5375 453.04375

   453.14375

   453.96875

   460.54375 458.04375

   458.14375

   458.96875

   465.54375 453.05625

   453.88125

   453.98125

   460.55625 458.05625

   458.88125

   458.98125

   465.55625 453.0625

   453.8875

   453.9875

   460.5625 458.0625

   458.8875

   458.9875

   465.5625 453.06875

   453.89375

   453.99375

   460.56875 458.06875

   458.89375

   458.99375

   465.56875 453.08125

   453.90625

   460.48125 458.08125

   458.90625

   465.48125 453.0875

   453.9125

   460.4875 458.0875

   458.9125

   465.4875 453.09375

   453.91875

   460.49375 458.09375

   458.91875

   465.49375 453.10625

   453.93125

   460.50625 458.10625

   458.93125

   465.50625 453.1125

   453.9375

   460.5125 458.1125

   458.9375

   465.5125 453.11875

   453.94375

   460.51875 458.11875

   458.94375

   465.51875

   (7) Wide area operations will not be authorized. The area of normal day-to-day operations will be described in the application in terms of maximum distance from a geographic center (latitude and longitude).

   [[Page 47443]]

   (8) A hospital or health care institution holding a license to operate a radio station under this part may operate a medical radio telemetry device with an output power not to exceed 20 milliwatts without specific authorization from the Commission. All licensees operating under this authority must comply with the requirements and limitations set forth in this section.

   (9) Antennas of mobile stations used as fixed stations communicating with one or more associated stations located within degrees of azimuth shall be directional and have a front to back ratio of at least 15 dB.

   (i) No limit shall be placed on the length or height above ground level of any commercially manufactured radiating transmission line when the transmission line is terminated in a non-radiating load and is routed at least 7 meters (20 feet) interior to the edge of any structure or is routed below ground level.

   (ii) Sea-based stations may utilize antennas mounted not more than 7 meters (20 feet) above a man-made supporting structure, including antenna structures. * * * * *

   [FR Doc. 01-22439Filed9-11-01; 8:45 am]

   BILLING CODE 6712-01-P