**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | WP Docket No. 07-100         |
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| Amendment of Part 90             | ** |                              |
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| of the Commission's Rules        | *  |                              |
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**NOTICE OF PROPOSED RULEMAKING AND ORDER**

**Adopted: May 9, 2007 Released: May 14, 2007**

**Comment Date:** \[60 days after publication in the Federal Register\]

**Reply Comment Date:** \[90 days after publication in the Federal
Register\]

By the Commission:

**TABLE OF CONTENTS**

Heading Paragraph \#

I. introduction AND BACKGROUND 1

II\. DISCUSSION 3

A. Miscellaneous Proposals 3

1\. Frequency Coordination and Related Matters 3

2\. Paging on Public Safety VHF Frequencies 4

3\. Cross-Banding 7

4\. Mobile Repeaters 8

5\. Expired Licenses 9

6\. Multiple Licensing 10

7\. Transit Systems and Toll Roads 12

8\. Industrial/Business Pool Eligibility 14

9\. Disturbance of AM Broadcast Station Antenna Patterns 15

10\. FB8T Station Class 16

11\. Reorganization of Part 90 17

B. 4.9 GHz Band 19

C. Wireless Medical Telemetry Service Issues 24

D. Editorial Amendments 30

III\. PROCEDURAL MATTERS 31

A. Regulatory Flexibility Analysis 31

B. Paperwork Reduction Analysis 32

C. Ex Parte Presentations 33

D. Alternative Formats 34

E. Comment Dates 35

IV\. ORDERING CLAUSES 38

Appendix A \-- Initial Regulatory Flexibility Analysis

Appendix B \-- Final Rules

Appendix C \-- Proposed Rules

**I. INTRODUCTION AND BACKGROUND**

1.  By this *Notice of Proposed Rulemaking and Order*, we initiate a
    proceeding to propose miscellaneous rule changes to Part 90 of the
    Commission's Rules,[^1] and to related rules in other rule parts. In
    addition, we seek comment regarding particular changes to the rules
    governing the 4.9 GHz band and the Wireless Medical Telemetry
    Service which shares spectrum with Part 90 operations. We also
    solicit comment on other potential Part 90 rule changes, including
    suggestions to revise or eliminate provisions that are duplicative,
    outmoded or otherwise unnecessary. Finally, we take this opportunity
    to make certain minor editorial amendments to Part 90 to correct
    errors or omissions of publication, eliminate duplicative language,
    or conform them with other rule sections. This proceeding is part of
    our continuing effort to provide clear and concise rules that
    facilitate new wireless technologies, devices and services, and are
    easy for the public to understand.[^2]

2.  Part 90 contains the rules for both the Private Land Mobile Radio
    (PLMR) Services and certain Commercial Mobile Radio Services (CMRS).
    PLMR licensees generally do not provide for-profit communications
    services. Some examples of PLMR licensees are public safety
    agencies, businesses that use radio only for their internal
    operations, utilities, transportation entities, and medical service
    providers.[^3] CMRS licensees, by comparison, do provide for-profit
    communications services, such as paging and Specialized Mobile Radio
    services that offer customers communications that are interconnected
    to the public switched network.

    **II. DISCUSSION**

    **A. Miscellaneous Proposals**

3.  *Frequency Coordination and Related Matters.* Applications for new
    and modified Part 90 stations generally require frequency
    coordination[^4] before the application is submitted to the
    Commission,[^5] but certain types of applications are exempt from
    the frequency coordination requirement because they do not "have an
    impact on near-term frequency selections."[^6] Pursuant to Section
    90.621 of the Commission's Rules, certain licensees are permitted to
    modify their licenses to authorize CMRS operations instead of PLMR
    operations, or vice versa.[^7] Currently, such applications require
    frequency coordination. We propose to eliminate the frequency
    coordination requirement for such applications. We tentatively
    conclude that frequency coordination is not necessary for such
    applications because coordinators neither recommend changes between
    private and commercial status, nor require specific notification of
    such modifications because that information is already contained in
    the Commission's Universal Licensing System (ULS) database. We
    believe that permitting licensees to forgo frequency coordination in
    these cases and file directly with the Commission is consistent with
    our goal of reducing unnecessary regulatory burdens on licensees. We
    ask for comment on this proposal. We also invite commenters to
    suggest other types of applications for which frequency coordination
    should no longer be required,[^8] such as applications to modify a
    license to reduce the authorized bandwidth.[^9] In addition, we ask
    commenters to consider whether any modification for which we
    conclude frequency coordination should no longer be required also
    should be deemed a minor modification[^10] that can be implemented
    without prior Commission approval.[^11]

4.  *Paging on Public Safety VHF Frequencies*. VHF public safety
    frequencies (150-160 MHz) are used primarily for two-way voice
    communications (*e.g*., mobile dispatch). The current rules,
    however, also allow for paging operations on these frequencies.[^12]
    Experience has shown that paging and voice operations can generally
    co-exist on the same channel in the same area,[^13] provided the
    paging transmissions are infrequent (low traffic volume) and the
    paging licensee monitors the channel prior to transmitting. The
    potential for paging to interfere with voice operations, however,
    increases as the amount of paging traffic increases. In short,
    two-way voice communications and high volume paging (*e.g*., the
    type of paging often associated with large hospitals) on the same
    channel often are not compatible.[^14]

5.  Over the years, the Commission has received informal complaints
    about VHF paging systems interfering with public safety two-way
    voice communications. Of particular concern is paging interference
    to public safety communications on VHF frequencies set aside for
    mutual aid (*e.g*., 155.340 MHz).[^15] We also are concerned about
    paging interference to public safety communications on other VHF
    frequencies, especially in cases where the frequency may not be
    reserved under the rules for mutual aid but is used by the public
    safety community as a de facto common channel (*e.g*., the frequency
    155.160 MHz is the frequency most commonly used by search and rescue
    entities for communicating with one another).

6.  Accordingly, we seek comment on whether we should place any
    restrictions on paging operations on VHF public safety frequencies,
    especially those frequencies reserved under the rules for mutual
    aid/interoperability communications. Commenters favoring
    restrictions should identify (1) the specific frequencies, (2) the
    type of protection needed (*e.g*., prohibit all paging, allow only
    low volume paging, make paging secondary, etc), (3) reasons why the
    protection is needed and (4) how to handle existing licensees
    (*e.g*., grandfathering). We also ask that commenters address the
    disadvantages associated with restricting paging on these
    frequencies (*e.g*., the economic impact to existing paging
    operations). Finally, we ask whether we should eliminate paging
    operations in the VHF public safety frequencies altogether.

7.  *Cross-Banding.* Section 90.243(b)(1) states that public safety
    medical service systems operating in the 150-160 MHz band are
    permitted to be cross-banded[^16] in order to communicate with
    systems operating in the 450-470 MHz band.[^17] The current language
    of the rule might be interpreted to mean that only medical service
    systems are allowed to use cross-band repeaters.[^18] This is not
    the case. All public safety licensees may operate cross-band
    repeaters under the general mobile relay rules in Section 90.243.
    Therefore, we propose to modify this section to specifically state
    that cross-band repeaters are permitted for all public safety
    systems. We seek comment on this proposal.

8.  *Mobile Repeaters.* A mobile station authorized to operate on a
    mobile service frequency above 25 MHz generally may be used as a
    mobile repeater[^19] to extend the range of handheld units, but
    Section 90.247(b) states that for frequencies below 450 MHz in the
    Industrial/Business pool, only low power frequencies (where power is
    limited to two watts) may be assigned for use by mobile repeaters
    and associated hand-held units, when separate frequencies are
    assigned for that purpose.[^20] Previously, this limitation applied
    only to the former Business and Special Industrial Radio (B/ILT)
    Services.[^21] The restriction was imposed because there were
    relatively few high-power 150 MHz band frequencies available in
    those two services. After the Part 90 radio services were
    consolidated,[^22] however, a greater number of high-power 150 MHz
    channels became available for use by B/ILT licensees. We also note
    that the number of low-power 150 MHz band frequencies available for
    mobile repeater operations was reduced when the Commission
    reallocated five channels to the Part 95 Multi-Use Radio
    Service.[^23] In light of these developments, we seek tentatively
    conclude that restricting mobile repeaters to low-power channels is
    no longer necessary. We seek comment on our proposal to amend
    Section 90.247(b) accordingly.

9.  *Expired Licenses.* In general, frequencies associated with expired
    licenses become available for reassignment once the license is
    deleted from the ULS database of active licenses.[^24] Ordinarily,
    there is a delay between the date a license expires and the date its
    status is changed from Active to Expired in our licensing records.
    During that period, frequency coordinators may select a frequency
    associated with the expired license for recommendation to the
    Commission (coordinate the frequency), but applications are not
    accepted for the frequency until the frequency becomes available for
    reassignment.[^25] The Land Mobile Communications Council
    (LMCC)[^26] has notified the Commission that all Part 90 frequency
    coordinators have now agreed not to coordinate frequencies
    associated with an expired license until the frequency becomes
    available for reassignment.[^27] LMCC requests the Commission's
    cooperation in enforcing this policy.[^28] We therefore request
    comment on whether the rules should be amended to prohibit the
    coordination of frequencies associated with expired licenses until
    those frequencies are deleted from the ULS database.

10. *Multiple Licensing.* Most PLMR communication systems employ mobile
    relays (repeaters) with wide-area coverage so that communication may
    be maintained between mobile units that otherwise would be out of
    range of one another. Typically, wide-area coverage is achieved by
    locating the mobile relay antenna at a high site, *e*.*g*., a
    mountain top, tall building, or tower. High antenna sites, however,
    are often scarce and usually expensive. Consequently, the practice
    has developed whereby the entity that owns and operates the repeater
    shares the base station with a number of users. While this
    third-party equipment provider sometimes uses the system to serve
    its own internal communications need, usually it operates solely to
    provide service to the entities sharing the system. This sharing is
    often referred to as "multiple licensing." Under this concept, each
    user of the mobile relay station (commonly called a "community
    repeater") applies for and obtains an individual license for the
    station. Thus, a single base station is licensed to multiple users.
    Section 90.185 of the Commission's Rules[^29] permits multiple
    licensing, provided that each licensee complies with the
    Commission's Rules regarding permissible communications and is
    eligible for the frequency(ies) on which the station operates. [^30]

11. In 1999, the Commission sought comment on whether to retain the
    multiple licensing rules.[^31] Because few comments were received,
    the Commission concluded in 2000 that there was no reason to
    eliminate multiple licensing.[^32] Since that time, however, changes
    in the Commission's rules have created new means for multiple
    entities to share facilities or otherwise meet their communications
    needs. The availability and coverage of commercial communications
    systems has increased in recent years.[^33] Also, some PLMR
    licensees now may convert their stations to CMRS operation.[^34] In
    addition, users now may obtain spectrum in secondary market
    transactions.[^35] These developments lead us to revisit the
    Commission's conclusion, in 2000, that multiple licensing should be
    retained. We are also concerned that there may be parties using
    community repeaters that do not hold licenses.[^36] Against this
    background, we request comment on whether multiple licensing has
    become unnecessary and administratively burdensome, considering the
    options discussed above. Commenters supporting elimination of
    multiple licensing should discuss how that would affect licensees
    currently using community repeaters.

12. *Transit Systems and Toll Roads.* Both Congress[^37] and the
    Commission[^38] have recognized that metropolitan transit systems
    are important components of public safety or critical
    infrastructure. Under the current rules, publicly-operated transit
    systems, as governmental entities, are eligible to hold
    authorizations in the Public Safety Pool.[^39] However, not all
    metropolitan transit systems are publicly-owned; some are
    privately-owned non-profit entities that operate under contract or
    similar arrangement with a governmental entity, and thus are
    ineligible to use Public Safety Pool frequencies. In terms of the
    services provided, these non-profit entities appear
    indistinguishable from their government-owned counterparts. We
    therefore seek comment on whether Section 90.20 should be amended to
    allow privately-run metropolitan transit systems to use frequencies
    in the Public Safety Pool. If so, would it be appropriate to place
    conditions or restrictions on such authorizations, to ensure that
    such authorizations are used for the benefit of public safety?
    Should the Commission establish additional criteria in order for a
    private entity to be eligible for licensing of Public Safety Pool
    frequencies? For example, should we require the private entity to
    submit, with its application for a Public Safety Pool frequency,
    documentation evidencing the concurrence of the governmental entity?

13. In addition, we note that a number of government entities have
    entered into agreements, or are considering such agreements, to
    lease or sell toll roads to private entities.[^40] When toll roads
    are operated by government entities, the operator is eligible to
    hold an authorization in the Public Safety Pool. A private entity
    that takes over operation of a toll road ordinarily is not eligible
    for that Public Safety Pool license. We seek comment on how best to
    administer licenses associated with toll roads that are transferred
    from government to private operation. As compared to transit
    systems, would these private entities also appear indistinguishable
    from their government-owned counterparts? Should Section 90.20 be
    amended to allow privately-run toll road systems to use frequencies
    in the Public Safety Pool? If so, would it be appropriate to place
    conditions or restrictions on such authorizations, to ensure that
    such authorizations are used for the benefit of public safety?
    Should the Commission establish additional criteria in order for a
    private entity to be eligible for licensing of Public Safety Pool
    frequencies? For example, should we require the private entity to
    submit, with its application for a Public Safety Pool frequency,
    documentation evidencing the concurrence of the governmental entity?

14. *Industrial/Business Pool Eligibility*. We have received inquiries
    from state and local government entities concerning their
    eligibility to apply for licenses in the Industrial/Business Pool
    for commercial enterprises, *e*.*g*., golf courses, electrical
    utilities, that are government-operated. We note that Section 90.35
    of the Commission\'s Rules permits licensing of, *inter alia*,
    entities engaged in "\[t\]he operation of a commercial
    activity,"[^41] and does not state that government entities cannot
    hold licenses in the Industrial/Business Pool for these activities.
    We conclude that Section 90.35 is flexible, and activities such as
    the operation of a utility, golf course, etc. whether conducted by a
    government or otherwise are "commercial activities" within the
    meaning of the rule. Nonetheless, we seek comment on whether there
    is any need to amend Section 90.35 to state explicitly that
    government entities engaged in commercial enterprises are eligible
    for Industrial/Business Pool frequencies.[^42] In addition, we seek
    comment on a request filed by National Public Safety
    Telecommunications Council (NPSTC) [^43] requesting that the rule be
    amended to permit government surveying operations to utilize
    Industrial/Business Pool itinerant frequencies.[^44] NPSTC argues
    that this would enable government entities to utilize modern
    surveying equipment, which currently is manufactured to operate only
    on Industrial/Business Pool frequencies.[^45]

15. *Disturbance of AM Broadcast Station Antenna Patterns.* Part 90 of
    the Commission\'s Rules lacks provisions for the protection of AM
    broadcast stations whose antenna patterns can be altered by the
    proximity of new land mobile towers and antennas. The Commission\'s
    rules for other services contain requirements for detuning antenna
    structures constructed near an AM transmitting antenna.[^46] We seek
    comment on the need, if any, for similar provisions in Part 90 of
    the Commission's Rules. Commenters also should consider whether any
    other rule parts (*e.g.*, Part 22) should be similarly revised in
    order to further regulatory consistency among services, or whether
    any such rule changes should more appropriately be in Part 17, in
    that the issue largely relates to the tower itself.

16. *FB8T Station Class*. In 2000, the Commission established a new
    station class code, FB8, to identify those trunked radio systems'
    base and mobile relay channels that are not subject to a monitoring
    requirement[^47] because the applicant/licensee has obtained the
    necessary consent from co-channel licensees or has exclusive use of
    the channel.[^48] All channels associated with a centralized trunked
    system and any channels in a hybrid system for which the necessary
    consent has been obtained or that are licensed on an exclusive basis
    must have an FB8 code for the base/mobile relay station.[^49]
    Approximately thirty-five authorizations have been issued with a
    station class of FB8T, allowing temporary use of base and mobile
    relay channels in systems that are not subject to a monitoring
    requirement. Authorizing temporary base stations anywhere within the
    licensee's authorized operating area could, however, allow the
    licensee to expand the contour of its unmonitored operations into
    areas where it does not have exclusivity, which could result in
    interference to other licensees.[^50] Consequently, we no longer
    issue authorizations for systems with a station class of FB8T. In
    addition, we propose to renew existing FB8T authorizations with a
    station class code of FBT (temporary base), which would make it
    clear that these operations are subject to the monitoring
    requirement. We seek comment on this proposal, and on whether any
    corresponding amendment to Part 90 is necessary.

17. *Reorganization of Part 90.* When the Commission established Part 90
    in 1978, it addressed only PLMR services.[^51] Since that time,
    radio technology has advanced substantially, and there have been
    changes in the way spectrum is used. To keep pace with these
    changes, the Commission adopted a number of rule changes over the
    years to promote flexibility and market-oriented regulations.
    Consequently many of the services regulated under Part 90 differ
    significantly from the "traditional" PLMR services on which the
    original Part 90 rules were premised. Thus the current rules cover
    both PLMR and CMRS services, which include services licensed on a
    site-by-site basis, services licensed by geographic area, and public
    safety services on frequencies ranging from 530 kHz to 4990 MHz.

18. The PLMR and CMRS operations governed under Part 90 are similar in
    many respects, thus it may be appropriate to continue to include
    them in the same rule part. On the other hand, the differences among
    the services may be sufficient to warrant them being administered
    under different rule parts. For example, it may be appropriate to
    move the Part 90 CMRS rules to Part 22 or Part 27, or to move the
    rules governing the Public Safety Pool to a separate rule part.
    Another option is to keep the rules in Part 90, but reorganize them
    to minimize confusion and reduce regulatory burdens. We ask
    commenting parties for an analysis of the comparative costs and
    benefits associated with the foregoing alternatives.

    **B. 4.9 GHz Band**

19. On July 22, 2005, M/A-COM, Inc. (M/A-COM), a manufacturer of radio
    equipment, filed a petition for clarification or in the alternative,
    rulemaking with respect to certain Part 90 rules governing the
    4940-4990 MHz (4.9 GHz) band.[^52] Specifically, M/A-COM believes
    that the Commission needs to clarify its rules and explicitly state
    that licensees in the 4.9 GHz band have authority to operate
    point-to-point and point-to-multipoint fixed links using directional
    antennas on a primary basis.[^53] M/A-COM observes that the
    Commission allotted the band for mobile services on a primary basis,
    including "hot-spot," *e.g.*, operations from hot spots to mobile
    units, and also authorized temporary fixed links on a primary
    basis.[^54] However, because the Commission authorized permanent
    fixed links only on a secondary basis, M/A-COM believes that the
    rules are ambiguous regarding the status of permanent fixed links
    that operate as part of an integrated network with hot spots and
    mobile links.[^55] M/A-Com proposes that the Commission amend its
    Part 90 rules and grant primary allocation status to point-to-point
    and point-to-multipoint fixed links that are part of a 4.9 GHz
    public safety network.[^56]

20. In the *Memorandum Opinion and Order and Third Report and Order* in
    WT Docket No. 00-32, the Commission adopted service and licensing
    rules for the 4.9 GHz band.[^57] The Commission indicated that it
    would permit broadband mobile services; "hot spot" operations,
    *i.e.*, automatic high speed file transfers from hot spots to mobile
    units, such as transfers of maps, building layouts, emergency
    medical service files, and wanted or missing person images; and
    operation of temporary fixed links (*i.e.*, operations lasting one
    year or less) on a primary basis.[^58] The Commission also permitted
    permanent fixed operations, to optimize flexibility and promote
    spectral efficiency in areas where there may be a greater need for
    public safety operations covering larger distances.[^59] Such
    operations were permitted only on a secondary non-interference
    basis, however, so that traditional or backhaul microwave operations
    would not exhaust available 4.9 GHz frequencies and relegate safety
    operations to unlicensed bands that are shared with other uses.[^60]

21. Specifically, Section 90.1207 provides that "base and mobile units
    (including portable and handheld units) and . . . temporary (1 year
    or less) fixed stations" may operate on a primary basis,[^61] but
    "permanent fixed point-to-point stations" will be authorized only on
    a secondary basis.[^62] M/A-COM contends that the rule does not
    fully implement the Commission's intent, or is at least ambiguous,
    because it does not clearly indicate that fixed links using
    directional antennas that operate as part of an integrated network
    with hot spots and mobile links are authorized on a primary basis,
    and that secondary status attaches only to permanent fixed links
    used for traditional or backhaul microwave operations.[^63] It
    proposes that the Commission amend its Part 90 rules to grant
    primary status to fixed links that are part of a 4.9 GHz public
    safety network.[^64] It believes that public safety users and first
    responders will need integrated networks with scalable network
    architectures that allow for dynamic routing of traffic over both
    fixed and mobile links.[^65]

22. We seek comment on M/A-COM's proposal to expressly afford primary
    status to certain permanent fixed links. Commenters should address
    whether, given the limited amount of spectrum in the 4.9 GHz band,
    permitting fixed operations on a primary basis may result in
    severely limiting the spectral availability and reliability of both
    permanent and *ad hoc* mobile networks.[^66] Would adoption of
    M/A-COM's proposal compromise the ability of public safety agencies
    to utilize the band for temporary "incident scene" operations, a use
    that received overwhelming support in the record of WT Docket No.
    00-32?[^67] Would the M/A-COM proposal provide more flexible use of
    this band? Would such flexibility come at the expense of maintaining
    adequate spectrum for mission-critical public safety mobile
    operations?

23. In addition, we propose, as suggested by M/A-COM,[^68] to amend
    Section 90.1215 to reflect the revised measurement procedures
    subsequently adopted by the Commission for devices that use digital
    modulation techniques and are regulated by Part 15 of the
    Rules.[^69] Specifically, the Commission modified the Part 15 rules
    to permit the determination of a device's output power by using
    average power measurements in addition to the existing peak output
    power measurement method.[^70] We agree with M/A-COM's that
    measurement procedures should remain consistent between the Part 15
    rules and the 4.9 GHz rules, given our understanding that
    manufacturers are considering technologies similar to those covered
    by Part 15 for use in the 4.9 GHz band. We request comment on this
    proposal.

    **C. Wireless Medical Telemetry Service Issues**

24. *Background.* In 2000, the Commission established the Wireless
    Medical Telemetry Service (WMTS) to enhance the reliability of
    medical telemetry equipment that is vital to the effective care of
    patients with acute and chronic health problems.[^71] To ensure that
    wireless medical telemetry devices can operate free of harmful
    interference,[^72] the Commission allocated the 1429-1432 MHz band
    (and two other bands, for a total of fourteen megahertz of spectrum)
    to the WMTS on a primary basis.[^73] Subsequently, the Commission
    adopted a "band flip" proposal to facilitate use of the 1427-1432
    MHz band for both WMTS and non-medical telemetry: The Commission
    afforded WMTS operations primary status in the 1427-1429.5 MHz
    portion of the band and non-medical telemetry primary status in the
    1429.5-1432 MHz portion of the band. However, in seven defined
    geographic areas, WMTS is primary in the 1429-1431.5 MHz portion of
    the band and non-medical telemetry is primary in the 1427-1429 MHz
    and 1431.5-1432 MHz portions of the band.[^74] The Commission also
    limited non-medical telemetry licensees to a measured or predicted
    field strength of no more than 150 µV/m into the WMTS portion of the
    band at the site of any WMTS operation.[^75]

25. In addition, the Commission provided that each Part 90 frequency
    coordinator must, within one business day of making a frequency
    recommendation for non-medical telemetry operations in the 1427-1432
    MHz band, notify and provide technical information regarding the
    proposed operations to the American Society of Health Care
    Engineering of the American Hospital Association (ASHE), the WMTS
    frequency coordinator.[^76] The Commission also concluded that ASHE
    must notify all non-medical telemetry licensees potentially affected
    by the initial deployment of WMTS equipment in the 1427-1432 MHz
    band.[^77] ASHE sought reconsideration, arguing that it lacked the
    expertise and resources to identify and notify potentially affected
    non-medical telemetry licensees.[^78] As an alternative, ASHE
    recommended that upon initial deployment of WMTS equipment, it
    should be required to notify only the Part 90 frequency
    coordinators, which, ASHE suggested, are better equipped to identify
    and notify all potentially affected telemetry licensees.[^79] In
    response, the Commission requested that ASHE and LMCC formulate a
    mutually agreeable coordination plan.[^80]

26. On August 18, 2004, ASHE, with LMCC's concurrence, filed a
    coordination plan for the 1427-1432 MHz band,[^81] which provides as
    follows:

> ► *Co-channel frequencies---WMTS and non-medical telemetry both
> primary*:[^82] Prior to recommending a frequency in the 1427-1432 MHz
> band, the Part 90 frequency coordinators will search ASHE's WMTS
> database to determine whether there are any co-channel WMTS operations
> within seventy miles of the proposed non-medical telemetry operations.
> If there are, the coordinator must perform an interference analysis to
> ensure that no interference will result, and must communicate the
> interference analysis to ASHE.
>
> ► *Co-channel frequencies---WMTS primary and non-medical telemetry
> secondary*: Prior to recommending a frequency in the 1427-1432 MHz
> band, the Part 90 frequency coordinators will search ASHE's WMTS
> database to determine whether there are any co-channel WMTS operations
> within seventy miles of the proposed non-medical telemetry operations
> and, if there are, perform an analysis to confirm that the proposed
> operations will comply with the 150 µV/m field strength limit. The
> coordinator also must, within twenty-four hours of coordinating the
> frequency, provide the technical data to ASHE, which will update its
> WMTS database to reflect the information. If new WMTS deployments
> within seventy miles could be affected by existing secondary
> non-medical telemetry operations, ASHE will notify each Part 90
> coordinator. The coordinator that provided the technical information
> to ASHE then must respond regarding whether the existing secondary
> non-medical telemetry operations will comply with the 150 µV/m field
> strength limit with respect to the new WMTS deployment.
>
> ► *Co-channel frequencies---WMTS secondary and non-medical telemetry
> primary*: The Part 90 frequency coordinator must, within twenty-four
> hours of coordinating the frequency, provide the technical data to
> ASHE.

► *Adjacent channel frequencies*[^83]*---WMTS and non-medical telemetry
both primary or both secondary*: The Part 90 frequency coordinator must,
within twenty-four hours of coordinating the frequency, provide the
technical data to ASHE, which will update its WMTS database to reflect
the information.[^84]

ASHE requests that we amend Sections 90.176(d) and 95.1113(b)(5) of the
Commission's Rules[^85] to require ASHE and the Part 90 frequency
coordinators to comply with the coordination plan.[^86] ASHE also
requests a waiver of Section 95.1113(b)(5) to permit the parties to
utilize the mutually agreeable coordination plan until such time as the
amended rules become effective.[^87]

27. *Discussion.* We tentatively conclude that implementation of the
    joint ASHE-LMCC coordination plan is in the public interest, because
    it will further our continuing efforts[^88] to ensure protection of
    WMTS operations from harmful interference. We therefore seek comment
    on ASHE's proposed rule changes, as set forth in Appendix C. We also
    seek comment on whether the rules should expressly set forth the
    terms of the agreement, or if it is sufficient to cross-reference
    the coordination plan, as ASHE proposes. Although ASHE and LMCC
    support codifying the coordination plan, we also seek comment on
    whether this is necessary or appropriate, or if codification of the
    plan would impede ASHE and LMCC in the event that they agree in the
    future to modify their procedures.

28. With respect to ASHE's request for a waiver of Section 95.1113(b)(5)
    to permit the parties to implement the coordination plan prior to
    such time as the amended rules become effective, we conclude that no
    waiver is necessary. The coordination plan does not impose
    requirements on ASHE and the Part 90 frequency coordinators beyond
    those set forth in our rules.[^89] Therefore, no waiver is
    needed.[^90] We therefore dismiss ASHE's waiver request as moot.

29. Finally, we note that the WMTS rules do not explicitly permit WMTS
    systems to operate on a secondary basis in the portion(s) of the
    1427-1432 MHz band where non-medical telemetry is primary. The
    Wireless Telecommunications Bureau has received both a request that
    it clarify that such operations are permitted,[^91] and a request
    that it clarify that such operations are not permitted.[^92] We seek
    comment on how, if at all, we should amend our rules with respect to
    this issue. We caution WMTS users, however, that if secondary
    operations are sanctioned, such operations ordinarily should not be
    relied upon for functions that are critical to patient safety,
    because they are not protected from interference from Part 90
    operations. We strongly encourage health care providers to utilize
    the portion of the 1427-1432 MHz band where WMTS operations have
    primary status if there is any possibility of interference from Part
    90 operations. The Commission previously indicated that it does not
    anticipate designating any additional spectrum for primary WMTS
    use.[^93]

    **D. Editorial Amendments**

30. Finally, we take this opportunity to make certain minor editorial
    amendments to Part 90 to correct errors or omissions of publication,
    eliminate duplicative language, or conform language among rule
    sections. We make the following changes to the Public Safety
    Frequency Table in Section 90.20(c)(3): (1) replace the entries for
    530 kHz and 1610 kHz with an entry for 530-1700 kHz to more
    accurately reflect the frequencies available pursuant to Section
    90.242(a); (2) insert a cross-reference to Section 90.20(d)(17) to
    the entry for frequency 42.40 MHz; (3) correct the entry for
    frequency 152.0075 MHz to cross-reference Section 90.20(d)(29)
    instead of Section 90.20(d)(19); (4) correct the permitted station
    class for frequencies 157.450 MHz and 163.250 MHz to indicate base
    stations only, rather than base and mobile, in order to reflect the
    limitation in Section 90.20(d)(13); (5) correct the permitted
    station class for frequencies 158.805 MHz and 220-222 MHz from "Base
    and mobile" to "Base or mobile" to conform to the rest of the
    table; (6) correct the entry for frequency 159.4275 MHz by replacing
    "158.4275" with "159.4275"; (7) delete obsolete references to
    Section 90.20(d)(60) and (61); (8) correct the erroneous entry for
    frequency 460.05626 by replacing it with "460.05625"; and (9)
    correct the permitted station class for frequency 462.9375 MHz to
    indicate base or mobile instead of mobile stations only. We also
    make various other editorial changes, to other rules in Subparts
    A,[^94] B,[^95] C,[^96] F,[^97] G,[^98] I,[^99] J,[^100] K,[^101]
    L,[^102] M,[^103] N,[^104] and O.[^105] Because these amendments are
    editorial changes or corrections of typographical errors, we find
    for good cause that public notice and comment on these changes is
    unnecessary.[^106] We ask for comment, however, on any other such
    errors, clarifications or changes that commenters believe are
    needed.

# Procedural matters 

31. *Regulatory Flexibility Analysis.* The Regulatory Flexibility Act of
    1980, as amended (RFA),[^107] requires that a regulatory flexibility
    analysis be prepared for notice-and-comment rule making proceedings,
    unless the agency certifies that "the rule will not, if promulgated,
    have a significant economic impact on a substantial number of small
    entities."[^108] As required by the RFA,[^109] the Commission has
    prepared an Initial Regulatory Flexibility Analysis (IRFA) of the
    possible significant economic impact on small entities of the
    policies and rules proposed in this *Notice of Proposed Rule Making
    and Order* (*NPRM*). The analysis is found in Appendix A. We request
    written public comment on the analysis. Comments must be filed in
    accordance with the same filing deadlines for comments on the
    *NPRM*, and must have a separate and distinct heading designating
    them as responses to the IRFA.

32. *Paperwork Reduction Analysis*. This *NPRM* does not contain
    proposed information collection(s) subject to the Paperwork
    Reduction Act of 1995, Public Law 104-13. In addition, therefore, it
    does not contain a proposed new or modified "information collection
    burden for small business concerns with fewer than 25 employees,"
    pursuant to the Small Business Paperwork Relief Act of 2002, Public
    Law 107-198, *see* 44 U.S.C. § 3506(c)(4).

33. *Ex Parte Presentations.* This is a permit-but-disclose notice and
    comment rulemaking proceeding. *Ex parte* presentations are
    permitted, except during the Sunshine Agenda period, provided they
    are disclosed as provided in the Commission's Rules. *See generally*
    47 C.F.R. §§ 1.1202, 1.1203, 1.1206(a).

34. *Alternative formats.* To request materials in alternative formats
    for people with disabilities (Braille, large print, electronic
    files, audio format), send an e-mail to \<<FCC504@fcc.gov>\> or call
    the Consumer and Government Affairs Bureau at (202) 418-0530
    (voice), (202) 418-0432 (TTY). This *NPRM* also may be downloaded
    from the Commission's web site at \<<http://www.fcc.gov/>\>.

35. *Comment Dates.* Pursuant to sections 1.415 and 1.419 of the
    Commission's Rules, 47 C.F.R. §§ 1.415, 1.419, interested parties
    may file comments on or before the date indicated on the front page
    of this document. Comments may be filed using: (1) the Commission's
    Electronic Comment Filing System (ECFS), (2) the Federal
    Government's eRulemaking Portal, or (3) by filing paper copies. *See
    Electronic Filing of Documents in Rulemaking Proceedings*, 63 FR
    24121 (1998).

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/> or
    the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

-   For ECFS filers, if multiple docket or rulemaking numbers appear in
    the caption of this proceeding, filers must transmit one electronic
    copy of the comments for each docket or rulemaking number referenced
    in the caption. In completing the transmittal screen, filers should
    include their full name, U.S. 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, filers should send an e-mail to <ecfs@fcc.gov>, and
    include the following words in the body of the message "get form." A
    sample form and directions will be sent in response.

-   Paper Filers: 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 appears in the caption of this proceeding, filers
    must submit two additional copies for each additional docket or
    rulemaking number.

-   Filings can be sent by hand or messenger delivery, by commercial
    courier, or by first-class or overnight U.S. Postal Service mail
    (although we continue to experience delays in receiving U.S. Postal
    Service mail). All filings must be addressed to the Commission's
    Secretary, Federal Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE, Suite 110, Washington DC 20002. The
    filing hours at this location are 8:00 am to 7:00 pm. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of [before]{.underline} entering the
    building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743

-   U.S. Postal Service first-class, Express, and Priority mail must be
    addressed to 445 12^th^ Street, SW, Washington DC 20554.

    People with Disabilities: To request materials in accessible formats
    for people with disabilities (braille, large print, electronic
    files, audio format), send an e-mail to <fcc504@fcc.gov> or call
    Consumer & Governmental Affairs Bureau at 202-418-0530 (voice),
    202-418-0432 (tty).

36. Interested parties may view documents filed in this proceeding on
    the Commission's Electronic Comment Filing System (ECFS) using the
    following steps: (1) access ECFS at
    <http://www.fcc.gov/cgb/ecfs>. (2) In the introductory screen, click
    on "Search for Filed Comments." (3) In the "Proceeding" box, enter
    the [numerals]{.underline} in the docket number. (4) Click on the
    box marked "Retrieve Document List\". A link to each document is
    provided in the document list. Filings and comments are also
    available for public inspection and copying during regular business
    hours at the FCC Reference Information Center, 445 12^th^ Street,
    S.W., Room CY-A257, Washington, DC, 20554. Filings and comments also
    may be purchased from the Commission\'s duplicating contractor, Best
    Copy and Printing, Inc., Portals II, 445 12^th^ Street, SW, Room
    CY-B402, Washington, DC 20554, telephone 1-800-378-3160, or via
    e-mail [www.bcpiweb.com](http://WWW.BCPIWEB.COM/).

37. For further information, contact Mr. Rodney Conway, Mobility
    Division, Wireless Telecommunications Bureau, (202) 418-2904 or
    TTY (202) 418-7233; or via e-mail at Rodney.Conway@fcc.gov.

    **IV. ORDERING CLAUSES**

38. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 303(r), and
    403 of the Communications Act of 1934, 47 U.S.C. §§ 154(i), 303(r),
    and 403, that this *Notice of Proposed Rulemaking and Order* is
    HEREBY ADOPTED.

39. IT IS FURTHER ORDERED that NOTICE IS HEREBY GIVEN of the proposed
    regulatory changes described in this *Notice of Proposed Rulemaking*
    and that comment is sought on these proposals.

40. IT IS FURTHER ORDERED that the Petition for Clarification or, in the
    Alternative, Petition for Rulemaking filed on July 22, 2005 by
    M/A-COM, Inc., and the Petition for Rulemaking filed on August 23,
    2006 by the National Public Safety Telecommunications Council ARE
    GRANTED to the extent indicated herein.

41. IT IS FURTHER ORDERED that the waiver request filed on August 18,
    2004 by the American Society of Health Care Engineering of the
    American Hospital Association IS DISMISSED AS MOOT.

42. IT IS FURTHER ORDERED that Part 90 of the Commission\'s Rules IS
    AMENDED as specified in Appendix B, effective 30 days after
    publication of the *Order* in the Federal Register.

43. IT IS FURTHER ORDERED that the Commission's Consumer and
    Governmental Affairs Bureau, Reference Information Center, SHALL
    SEND a copy of this *Notice of Proposed Rulemaking and Order*,
    including the Initial Regulatory Flexibility Analysis, to the Chief
    Counsel for Advocacy of the Small Business Administration.

> Federal Communications Commission
>
> Marlene H. Dortch
>
> Secretary

**APPENDIX A**

INITIAL REGULATORY FLEXIBILITY ANALYSIS

(*Notice of Proposed Rulemaking* in WP Docket No. 07-100)

As required by the Regulatory Flexibility Act (RFA),[^110] the
Commission has prepared this present Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on small
entities by the policies and rules proposed in the *Notice of Proposed
Rule Making* in WP Docket No. 07-100 (*NPRM*). Written public comments
are requested on this IRFA. Comments must be identified as responses to
the IRFA and must be filed by the deadlines for comments on the *NPRM*
as provided in paragraph 35 of this *NPRM*. The Commission will send a
copy of the *NPRM*, including the IRFA, to the Chief Counsel for
Advocacy of the U.S. Small Business Administration.[^111] In addition,
the *NPRM* and IRFA (or summaries thereof) will be published in the
Federal Register.[^112]

**A. Need for, and Objectives of, the Proposed Rules**

This proceeding is part of our continuing effort to provide clear and
concise rules that facilitate new wireless technologies, devices and
services, and are easy for licensees to comprehend and understand. We
believe it appropriate to review all of our regulations relating to
administering Private Land Mobile Radio (PLMR) Services to determine
which regulations can be clarified, streamlined or eliminated. In the
*NPRM*, we seek comment on miscellaneous rule amendments that are
intended to clarify Part 90 of the Commission\'s Rules. In addition, the
*NPRM* seeks comment on eliminating certain regulatory requirements
contained in Part 90 of the Commission\'s Rules. The *NPRM* also seeks
comment regarding changes to the rules governing the Part 95 Wireless
Medical Telemetry Service, to clarify those rules and implement a joint
coordination agreement among the relevant frequency coordinators. We
also solicit comment on other potential Part 90 rules changes, including
suggestions to revise or eliminate provisions that are duplicative,
outmoded or otherwise unnecessary.

**B. Legal Basis for Proposed Rules**

The proposed action is authorized under sections 4(i), 303(r), and 403
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r),
and 403.

**C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules\
Will Apply**

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 rules 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."[^113] In addition,
the term "small business" has the same meaning as the term "small
business concern" under the Small Business Act.[^114] 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).[^115] A
small organization is generally "any not-for-profit enterprise which is
independently owned and operated and is not dominant in its
field."[^116] Below, we further describe and estimate the number of
small entity licensees and regulatees that may be affected by the rules
changes proposed in this *NPRM*.

*Governmental Entities*. Nationwide, there are a total of approximately
22.4 million small businesses, according to SBA data.[^117] A "small
organization" is generally "any not-for-profit enterprise which is
independently owned and operated and is not dominant in its
field."[^118] Nationwide, as of 2002, there were approximately 1.6
million small organizations.[^119] The term "small governmental
jurisdiction" is defined generally as "governments of cities, towns,
townships, villages, school districts, or special districts, with a
population of less than fifty thousand."[^120] Census Bureau data for
2002 indicate that there were 87,525 local governmental jurisdictions in
the United States.[^121] We estimate that, of this total, 84,377
entities were "small governmental jurisdictions."[^122] Thus, we
estimate that most governmental jurisdictions are small.

*Public Safety Radio Licensees.* As a general matter, Public Safety
Radio Pool licensees include police, fire, local government, forestry
conservation, highway maintenance, and emergency medical services.[^123]
The SBA rules contain a definition for cellular and other wireless
telecommunications companies which encompasses business entities engaged
in radiotelephone communications employing no more that 1,500
persons.[^124] There are a total of approximately 127,540 licensees
within these services^..^[^125] With respect to local governments, in
particular, since many governmental entities as well as private
businesses comprise the licensees for these services, we include under
public safety services the number of government entities affected.

*Private Land Mobile Radio Licensees*. Private land mobile radio (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 a small business size standard specifically applicable to PLMR
users. The SBA rules do, however, contain a size standard for small
radiotelephone (wireless) companies which encompasses, business entities
engaged in radiotelephone communications employing no more that 1,500
persons.[^126] The SBA rules contain a definition for cellular and other
wireless telecommunications companies which encompasses business
entities engaged in radiotelephone communications employing no more that
1,500 persons.[^127] 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.[^128]

*Frequency Coordinators*. Neither the Commission nor the SBA has
developed a small business size standard specifically applicable to
spectrum frequency coordinators. The SBA has developed a small business
size standard for wireless firms within the two broad economic census
categories of \"Paging\"[^129] and \"Cellular and Other Wireless
Telecommunications.\"[^130] Under both categories, the SBA deems a
wireless business to be small if it has 1,500 or fewer employees. For
the census category of Paging, Census Bureau data for 2002 show that
there were 807 firms in this category that operated for the entire
year.[^131] Of this total, 804 firms had employment of 999 or fewer
employees, and three firms had employment of 1,000 employees or
more.[^132] Thus, under this category and associated small business size
standard, the majority of firms can be considered small. For the census
category of Cellular and Other Wireless Telecommunications, Census
Bureau data for 2002 show that there were 1,397 firms in this category
that operated for the entire year.[^133] Of this total, 1,378 firms had
employment of 999 or fewer employees, and 19 firms had employment of
1,000 employees or more.[^134] Thus, under this second category and size
standard, the majority of firms can, again, be considered small.

*RF Equipment Manufacturers*. The Census Bureau defines this category as
follows: "This industry comprises establishments primarily engaged in
manufacturing radio and television broadcast and wireless communications
equipment. Examples of products made by these establishments are:
transmitting and receiving antennas, cable television equipment, GPS
equipment, pagers, cellular phones, mobile communications equipment, and
radio and television studio and broadcasting equipment."[^135] The SBA
has developed a small business size standard for Radio and Television
Broadcasting and Wireless Communications Equipment Manufacturing, which
is: all such firms having 750 or fewer employees.[^136] According to
Census Bureau data for 2002, there were a total of 1,041 establishments
in this category that operated for the entire year.[^137] Of this total,
1,010 had employment of under 500, and an additional 13 had employment
of 500 to 999.[^138] Thus, under this size standard, the majority of
firms can be considered small.

*Hospitals, Nursing Care Facilities, and Other Residential Care
Facilities.* The SBA has developed small business size standards for
these three categories and other, related categories. For the commercial
census category of General Medical and Surgical Hospitals,[^139] the SBA
deems an entity to be small if it has \$31.5 million or less in annual
revenues.[^140] Census Bureau data for 2002 show that there were 3,200
firms in this category that operated for the entire year.[^141] Of this
total, 1,313 firms had revenues of under \$25 million, and 471 had
revenues of \$25 million to \$49, 999,999.[^142] Thus, in this category,
over 41 percent of the firms can be considered small. For the category
of Nursing Care Facilities,[^143] the SBA deems an entity to be small if
it has \$12.5 million or less in annual revenues.[^144] Census Bureau
data for 2002 show that there were 7,826 firms in this category that
operated for the entire year.[^145] Of this total, 6,594 firms had
revenues of under \$10 million, and 871 had revenues of \$10 million to
\$24, 999,999.[^146] Thus, in this category, the majority of firms can
be considered small. For the category of Other Residential Care
Facilities,[^147] the SBA deems an entity to be small if it has \$6.5
million or less in annual revenues.[^148] Census Bureau data for 2002
show that there were 3,131 firms in this category that operated for the
entire year.[^149] Of this total, 2,774 firms had revenues of under \$5
million, and 202 had revenues of \$5 million to \$9,999,999.[^150] Thus,
in this category, the majority of firms can be considered small.

*Aviation and Marine Radio*. Small businesses in the aviation and marine
radio services use a very high frequency (VHF) marine or aircraft radio
and, as appropriate, an emergency position-indicating radio beacon
(and/or radar) or an emergency locator transmitter. The Commission has
not developed a small business size standard specifically applicable to
these small businesses. For purposes of this analysis, the Commission
uses the SBA small business size standard for the category "Cellular and
Other Telecommunications," which is 1,500 or fewer employees.[^151]
Also, between December 3, 1998 and December 14, 1998, the Commission
held an auction of 42 VHF Public Coast licenses in the 157.1875-157.4500
MHz (ship transmit) and 161.775-162.0125 MHz (coast transmit) bands. For
purposes of the auction, the Commission defined a "small" business as an
entity that, together with controlling interests and affiliates, has
average gross revenues for the preceding three years not to exceed \$15
million dollars. In addition, a "very small" business is one that,
together with controlling interests and affiliates, has average gross
revenues for the preceding three years not to exceed \$3 million
dollars.[^152] There are approximately 10,672 licensees in the Marine
Coast Service, and the Commission estimates that almost all of them,
along with the majority of other aviation and marine radio licensees,
qualify as "small" businesses under the above special small business
size standards.

**D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements**

There are no projected reporting, recordkeeping or other compliance
requirements.

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

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.[^153]

We believe the changes proposed in this *NPRM* will promote flexibility
and more efficient use of the spectrum, reduce administrative burdens on
both the Commission and licensees, and allow licensees to better meet
their communication needs. In this *NPRM*, we seek comment on the
proposals to modify the rules. Many of the proposed changes constitute
clarification of existing requirements or elimination of existing
limitations. Among other proposals, we seek comment on whether multiple
licensing is obsolete and whether we should eliminate this
administratively burdensome option in light of the various other
services that are now more widely available. We also are considering the
alternative of retaining the multiple licensing rules. The *NPRM* also
seeks comment on the feasibility of including protection to broadcast AM
station antenna patterns in Part 90 of our rules, or whether such a rule
is unnecessary. We seek comment on our proposal to reissue licenses that
contain an invalid station class of FB8T as they come due for renewal
with an appropriate station class of FBT (temporary base), indicating
that operations are subject to monitoring.

**F. Federal Rules that May Duplicate, Overlap, or Conflict with the
Proposed Rules**

None.

**APPENDIX B**

**FINAL RULES**

Part 90 of Chapter 1 of Title 47 of the Code of Federal Regulations is
amended as follows:

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), and 332(c)(7).**

2\. Section 90.5 is amended by revising paragraphs (b), (h), and (i) to
read as follows:

**§ 90.5 Other applicable rule parts.**

\* \* \* \* \*

\(b\) Part 1 includes rules of practice and procedure for the filing of
applications for stations to operate in the Wireless Telecommunications
Services, adjudicatory proceedings including hearing proceedings, and
rulemaking proceedings; procedures for reconsideration and review of the
Commission\'s actions; provisions concerning violation notices and
forfeiture proceedings; and the environmental processing requirements
that, if applicable, must be complied with prior to initiating
construction.

\* \* \* \* \*

\(h\) Part 20 contains rules relating to commercial mobile radio
services.

\* \* \* \* \*

\(i\) Part 20 which governs commercial mobile radio service applicable
to certain providers in the following services in this part:

\* \* \* \* \*

3\. Section 90.7 is amended by revised by removing the definition of
Navigable waters, and modifying the definitions of Frequency
coordination, Line A, Location and Monitoring Service, Telecommand, and
Telephone maintenance licensee as follows:

**§ 90.7 Other applicable rule parts.**

\* \* \* \* \*

*Frequency coordination*. The process of obtaining the recommendation of
a frequency coordinator for a frequency(ies) that will most effectively
meet the applicant\'s needs while minimizing interference to licensees
already operating within a given frequency band.

\* \* \* \* \*

*Line A*. An imaginary line within the U.S., approximately paralleling
the U.S.-Canadian border, north of which Commission coordination with
the Canadian authorities in the assignment of frequencies is generally
required. It begins at Aberdeen, Washington, running by great circle arc
to the intersection of 48º N., 120º W., then along parallel 48º N., to
the intersection of 95º W., thence by great circle arc through the
southernmost point of Duluth, Minnesota, thence by great circle arc to
45º N., 85º W., thence southward along meridian 85º W. to its
intersection with parallel 41º N., to its intersection with meridian 82º
W., thence by great circle arc through the southernmost point of Bangor,
Maine, thence by great circle arc through the southernmost of Searsport,
Maine, at which point it terminates.

\* \* \* \* \*

*Location and Monitoring Service (LMS)*. The use of non-voice signaling
methods to locate or monitor mobile radio units. LMS systems may
transmit and receive voice and non-voice status and instructional
information related to such units.

\* \* \* \* \*

*Telecommand*. The transmission of non-voice signals for the purpose of
remotely controlling a device.

\* \* \* \* \*

*Telephone maintenance licensee*. Communications common carriers engaged
in the provision of landline local exchange telephone service, or
inter-exchange communications service, and radio communications common
carriers authorized under part 21 of this chapter. Resellers that do not
own or control transmission facilities are not included in this
category.

\* \* \* \* \*

4\. Section 90.20 is amended by revising the table in paragraph (c)(3),
and paragraphs (d)(42), (d)(62), (d)(64), (d)(66)(i), (d)(79), (d)(81),
(e)(3) and (4), and (g)(5)(iv), to read as follows:

**§ 90.20 Public Safety Pool**

\* \* \* \* \*

\(c\) \* \* \* \* \*

\(3\) *Frequencies*. \* \* \*

PUBLIC SAFETY POOL FREQUENCY TABLE

+-----------------+-----------------+-----------------+-----------------+
| Frequency or    | Class of        | Limitations     | Coordinator     |
| band            | station(s)      |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 530 to 1700     | Base (T.I.S.)   | 1               | PX              |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 42.40           | do              | 2, 3, 16, 17    | PP              |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 152.0075        | Base            | 13, 29, 30      | PS              |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 157.450         | Base            | 13, 30, 45      | PS              |
|                 |                 |                 |                 |
| 158.7225        | Base or mobile  | 44              | PP              |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 158.745         | do              | 81              | PX              |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 158.790         | do              | ..........      | PP              |
|                 |                 | ............... |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 | \* \* \* \* \*  |
|                 |                 | \* \* \* \* \*  |                 |
| 158.805         | do              |                 | PX              |
|                 |                 | ..........      |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 158.850         | do              | \* \* \* \* \*  | PP              |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............    | \* \* \* \* \*  |
|                 |                 | ............... |                 |
| 159.465         | do              |                 | PO              |
|                 |                 | \* \* \* \* \*  |                 |
| 159.4725        | do              |                 | PO              |
|                 |                 | 81              |                 |
| 163.250         | Base            |                 | PS              |
|                 |                 | 80              |                 |
| 166.250         | Base or mobile  |                 | PF              |
|                 |                 | 13, 30          |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 | \* \* \* \* \*  |
|                 |                 | 47              |                 |
| 220 to 222      | Base or mobile  |                 | PM              |
|                 |                 | \* \* \* \* \*  |                 |
| 453.03125       | Base or mobile  |                 | PX              |
|                 |                 | 55              |                 |
| 453.0375        | do              |                 | PM              |
|                 |                 | 44, 49, 62, 84  |                 |
| 453.04375       | do              |                 | \* \* \* \* \*  |
|                 |                 | 27, 59, 62, 84  |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 | PM              |
|                 |                 | 44, 49, 62, 84  |                 |
| 453.08125       | Base or mobile  |                 | PX              |
|                 |                 | \* \* \* \* \*  |                 |
| 453.0875        | do              |                 | PM              |
|                 |                 | 44, 59, 62, 84  |                 |
| 453.09375       | do              |                 | \* \* \* \* \*  |
|                 |                 | 27, 59, 62, 84  |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 | PM              |
|                 |                 | 44, 59, 62, 84  |                 |
| 453.13125       | Base or mobile  |                 | PX              |
|                 |                 | \* \* \* \* \*  |                 |
| 453.1375        | do              |                 | PM              |
|                 |                 | 44, 59, 62, 84  |                 |
| 453.14375       | do              |                 | \* \* \* \* \*  |
|                 |                 | 27, 59, 62, 84  |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 | PM              |
|                 |                 | 44, 59, 62, 84  |                 |
| 453.18125       | Base or mobile  |                 | PX              |
|                 |                 | \* \* \* \* \*  |                 |
| 453.1875        | do              |                 | PM              |
|                 |                 | 44, 59, 62      |                 |
| 453.19375       | do              |                 | \* \* \* \* \*  |
|                 |                 | 27, 59, 62      |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 | PP              |
|                 |                 | 44, 59, 62      |                 |
| 460.050         | do              |                 | PP              |
|                 |                 | \* \* \* \* \*  |                 |
| 460.05625       | do              |                 | PP              |
|                 |                 | 44              |                 |
| 460.0625        | do              |                 | \* \* \* \* \*  |
|                 |                 | 27              |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 | PF              |
|                 |                 | \* \* \* \* \*  |                 |
| 462.9375        | do              |                 | PM              |
|                 |                 | 57              |                 |
| 462.950         | do              |                 | \* \* \* \* \*  |
|                 |                 | 38, 65          |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
+-----------------+-----------------+-----------------+-----------------+

\* \* \* \* \*

\(d\) \* \* \* \* \*

\(42\) This frequency may not be assigned within 161 km (100) miles of
New Orleans, La. (coordinates 29º56\'53\" N and 90º04\'10\" W).

\* \* \* \* \*

\(62\) This frequency is also authorized for use by biomedical telemetry
stations. F1B, F1D, F2B, F2D, F3E, G1B, G1D, G2B, G2D, and G3E emissions
may be authorized for biomedical transmissions.

\* \* \* \* \*

\(64\) Use of this frequency is on a secondary basis, limited to 2 watts
output power and subject to the provisions of 90.267(h)(1), (h)(2),
(h)(3), and (h)(4).

\* \* \* \* \*

\(66\) \* \* \* \* \*

\(i\) \* \* \*

+-------------------------------------+------------------+-------------+
| Frequencies base and mobile         | Mobile only      | Channel     |
| (megahertz)                         | (MHz)            | name        |
+-------------------------------------+------------------+-------------+
| \* \* \* \* \*                      | \* \* \* \* \*   | \* \* \* \* |
|                                     |                  | \*          |
| 463.06875                           | 468.06875        |             |
|                                     |                  | MED-33      |
| 463.075                             | 468.075          |             |
|                                     |                  | MED-4       |
| 463.08125                           | 468.08125        |             |
|                                     |                  | MED-41      |
| \* \* \* \* \*                      | \* \* \* \* \*   |             |
|                                     |                  | \* \* \* \* |
|                                     |                  | \*          |
+-------------------------------------+------------------+-------------+

\* \* \* \* \*

\(79\) This frequency will be secondary to marine port operations within
161 km (100 miles) of Los Angeles, Calif. (coordinates 34º03\'15\" N and
118º14\'28\" W).

\* \* \* \* \*

\(81\) After December 7, 2000 new stations will only be licensed with an
authorized bandwidth not to exceed 11.25 kHz. Licensees authorized prior
to December 7, 2000 may continue to use bandwidths wider that 11.25 kHz
on a co-primary basis until January 1, 2005. After January 1, 2005, all
stations operating with an authorized bandwidth greater than 11.25 kHz
will be secondary to adjacent channel interoperability operations.

\* \* \* \* \*

\(e\) \* \* \* \* \*

\(3\) The frequency bands 31.99-32.00 MHz, 33.00-33.01 MHz, 33.99-34.00
MHz, 37.93-38.00 MHz, 39.99-40.00 MHz, and 42.00-42.01 MHz, are
available for assignment for developmental operation subject to the
provisions of subpart Q of this part.

\(4\) Frequencies in the 421-430 MHz band are available in the Detroit,
Mich., Cleveland, Ohio and Buffalo, N.Y. areas in accordance with the
rules in §§ 90.273 through 90.281.

\* \* \* \* \*

\(g\) \* \* \* \* \*

\(5\) \* \* \* \* \*

\(iv\) The following table, along with the antenna height (HAAT) and
power (ERP), must be used to determine the minimum separation required
between proposed base stations and co-channel public coast stations
licensed prior to July 6, 1998 under Part 80 of this chapter. Applicants
whose exact ERP or HAAT are not reflected in the table must use the next
highest figure shown.

\* \* \* \* \*

5\. Section 90.35 is amended by renumbering the second paragraph (c)(82)
as (c)(89), and revising the table in paragraph (b)(3), and paragraphs
(c)(14), (20), (21), (89) \[as renumbered\], (d)(2), (e)(4), and (g), to
read as follows:

**§ 90.35 Industrial/Business Pool.**

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(3\) *Frequencies*. \* \* \*

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLE

+-----------------+-----------------+-----------------+-----------------+
| Frequency or    | Class of        | Limitations     | Coordinator     |
| band            | station(s)      |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 27.555          | Base or mobile  | 89\.            | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 27.615          | do              | 89\.            | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 27.635          | do              | 89\.            | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 27.655          | do              | 89\.            | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 27.765          | do              | 89\.            | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 27.86           | do              | 82\.            | IW              |
|                 |                 |                 |                 |
| 29.71           | do              | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 11\.            | IP, IW          |
|                 |                 |                 |                 |
| 33.12           | Mobile          | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  | IP, IW          |
|                 |                 |                 |                 |
| 35.44           | do              | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 35.48           | do              | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 35.52           | do              | 33\.            | \* \* \* \* \*  |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  | IW              |
|                 |                 |                 |                 |
| 151.895         | do              | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 151.955         | do              | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 158.1225        | do              | 33\.            |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 173.250         | Base or mobile  | 88\.            |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 173.300         | Base or mobile  | 62\.            |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 173.350         | Base or mobile  |                 |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 |                 |
|                 |                 |                 |                 |
| 220 to 222      | Base or mobile  |                 |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 |                 |
|                 |                 |                 |                 |
| 451.01875       | Base or mobile  |                 |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 |                 |
|                 |                 |                 |                 |
| 462.9375        | Mobile          |                 |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 |                 |
|                 |                 |                 |                 |
| 464.575         | do              |                 |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 |                 |
+-----------------+-----------------+-----------------+-----------------+

\* \* \* \* \*

\(c\) \* \* \* \* \*

\(14\) Operation on this frequency is limited to a maximum output power
of 1 watt and each station authorized will be classified and licensed as
a mobile station. Any units of such a station, however, may provide the
operational functions of a base or fixed station on a secondary basis to
mobile service operations, provided that the separation between the
control point and the center of the radiating portion of the antenna of
any units so used does not exceed 8m (25 ft.).

\* \* \* \* \*

\(20\) In the State of Alaska only, the frequency 44.10 MHz is available
for assignment on a primary basis to stations in the Common Carrier
Rural Radio Service utilizing meteor burst communications. The frequency
may be used by private radio stations for meteor burst communications on
a secondary, non-interference basis. Usage shall be in accordance with
parts 22 and 90 of this chapter. Stations utilizing meteor burst
communications shall not cause harmful interference to stations of other
radio services operating in accordance with the allocation table.

\(21\) In the State of Alaska only, the frequency 44.20 MHz is available
for assignment on a primary basis to private land mobile radio stations
utilizing meteor burst communications. The frequency may be used by
common carrier stations for meteor burst communications on a secondary,
non-interference basis. Usage shall be in accordance with parts 22 and
90 of this chapter. Stations utilizing meteor burst communications shall
not cause harmful interference to stations of other radio services
operating in accordance with the allocation table.

\* \* \* \* \*

\(89\) This frequency may be assigned only to entities meeting the
definition of a forest product licensee (see § 90.7). Operations are on
a secondary basis to Federal Government operations including
experimental stations, will not exceed 150 watts output power, and are
limited to the states of Washington, Oregon, Maine, North Carolina,
South Carolina, Tennessee, Georgia, Florida, Alabama, Mississippi,
Louisiana, and Texas (eastern portion).

\* \* \* \* \*

\(d\) \* \* \* \* \*

\(2\) Frequencies in the band 73.0-74.6 MHz may be assigned to stations
authorized on or before December 1, 1961, but no new stations will be
authorized in this band, nor will expansion of existing systems be
permitted. (See also § 90.257).

\* \* \* \* \*

\(e\) \* \* \* \* \*

\(4\) Authorizations for multiple frequencies for geophysical operations
will be granted on the frequencies governed by the limitations in
paragraphs (c)(3) and (c)(4) of this section. However, each geophysical
exploration party may use a maximum of four frequencies at any one time.

\* \* \* \* \*

\(g\) The frequencies 10-490 kHz are used to operate electric utility
Power Line Carrier (PLC) systems on power transmission lines for
communications essential to the reliability and security of electric
service to the public, in accordance with part 15 of this chapter. Any
electric utility that generates, transmits, or distributes electrical
energy for use by the general public or by the members of a cooperative
organization may operate PLC systems and shall supply to a Federal
Communications Commission/National Telecommunications and Information
Administration recognized industry-operated entity, information on all
existing, changes to existing, and proposed systems for inclusion in a
data base. Such information shall include the frequency, power, location
of transmitter(s), location of receivers and other technical and
operational parameters, which would characterize the system\'s potential
both to interfere with authorized radio users, and to receive harmful
interference from these users. In an agreed upon format, the
industry-operated entity shall inform the FCC and the NTIA of these
system characteristics prior to implementation of any proposed PLC
system and shall provide monthly or periodic lists with supplements of
PLC systems. The FCC and NTIA will supply appropriate application and
licensing information to the notification activity regarding authorized
radio stations operating in the band. PLC systems in this band operate
on a non-interference basis to radio systems assigned frequencies by the
NTIA or licensed by the FCC and are not protected from interference due
to these radio operations.

6\. Section 90.103 is amended by revising the table in paragraph (b),
and paragraphs (c)(2), (6), (7), and (21) to read as follows:

**§ 90.103 Radiolocation Service.**

\* \* \* \* \*

\(b\) \* \* \*

+--------------------------+-------------------------+----------------+
| Frequency or band        | Class of station(s)     | Limitation     |
+--------------------------+-------------------------+----------------+
| \* \* \* \* \*           | \* \* \* \* \*          | \* \* \* \* \* |
|                          |                         |                |
| 1750 to 1800             | do                      | 5, 6           |
|                          |                         |                |
| \* \* \* \* \*           | \* \* \* \* \*          | \* \* \* \* \* |
+--------------------------+-------------------------+----------------+

\(c\) \* \* \* \* \*

\(2\) This frequency band is shared with and stations operating in this
frequency band in this service are on a secondary basis to the LORAN
Navigation System; all operations are limited to radiolocation land
stations in accordance with footnote US104, §2.106 of this chapter.

\* \* \* \* \*

\(6\) Because of the operation of stations having priority on the same
or adjacent frequencies in this or in other countries, frequency
assignments in this band may either be unavailable or may be subject to
certain technical or operational limitations. Therefore, applications
for frequency assignments in this band shall include information
concerning the transmitter output power, the type and directional
characteristics of the antenna and the minimum hours of operation (GMT).

\(7\) \[Reserved\]

\* \* \* \* \*

\(21\) Non-Government radiolocation stations in the band are secondary
to the Government Radiolocation Service, the Amateur Radio Service and
the Amateur-Satellite Service. Pulse-ranging radiolocation stations in
this band may be authorized along the shorelines of Alaska and the
contiguous 48 states. Radiolocation stations using spread spectrum
techniques may be authorized in the band 420-435 MHz for operation
within the contiguous 48 states and Alaska. Also, stations using spread
spectrum techniques shall be limited to a maximum output power of 50
watts, shall be subject to the applicable technical standards in §90.209
until such time as more definitive standards are adopted by the
Commission and shall identify in accordance with § 90.425(c)(2).
Authorizations will be granted on a case-by-case basis; however,
operations proposed to be located within the zones set forth in footnote
US217, §2.106 of this chapter should not expect to be accommodated.

\* \* \* \* \*

7\. Section 90.129 is amended by revising paragraph (i) by to read as
follows:

**§ 90.129 Supplemental information to be routinely submitted with
applications.**

\* \* \* \* \*

\(i\) Showings required in connection with the use of frequencies as
specified in subpart S of this chapter.

\* \* \* \* \*

8\. Section 90.138 is revised to read as follows:

**§ 90.138 Applications for itinerant frequencies.**

An application for authority to conduct an itinerant operation in the
Industrial/Business Pool must be restricted to use of itinerant
frequencies or other frequencies not designated for permanent use and
need not be accompanied by evidence of frequency coordination. Users
should be aware that no interference protection is provided from other
itinerant operations.

9\. Section 90.157 is revised to read as follows:

**§ 90.157 Discontinuance of station operation.**

An authorization shall cancel automatically upon permanent
discontinuance of operations. Unless stated otherwise in this part or in
a station authorization, for the purposes of this section, any station
which has not operated for one year or more is considered to have been
permanently discontinued.

10\. Section 90.203 is amended by revising paragraph (n) to read as
follows:

**§ 90.203 Certification required.**

\* \* \* \* \*

\(n\) Transmitters designed to operate in the voice mode on channels
designated in §§90.531(b)(5) or 90.531(b)(6) that do not provide at
least one voice path of 6.25 kHz of spectrum bandwidth shall not be
manufactured in or imported into the United States after December 31,
2006. Marketing of these transmitters shall not be permitted after
December 31, 2006.

11\. Section 90.207 is amended by revising paragraph (b) to read as
follows:

**§ 90.207 Types of emissions.**

\* \* \* \* \*

\(b\) Authorizations to use A3E, F3E, or G3E emission also include the
use of emissions for tone signals or signaling devices whose sole
functions are to establish and to maintain communications, to provide
automatic station identification, and for operations in the Public
Safety Pool, to activate emergency warning devices used solely for the
purpose of advising the general public or emergency personnel of an
impending emergency situation.

\* \* \* \* \*

12\. Section 90.209 is amended by revising the table in paragraph (b) to
correct the entry for "216-2205" to read "216-220," correct the entry
for "2450-2483.52^2^" to read "2450-2483.5^2^," and add note 5 to read
as follows:

**§ 90.209 Bandwidth limitations.**

\(b\) \* \* \* \* \*

\(5\) \* \* \*

STANDARD CHANNEL SPACING/BANDWIDTH

+---------------------+---------------------+--------------------------+
| Frequency band      | Channel spacing     | Authorized bandwidth     |
| (MHz)               | (kHz)               | (kHz)                    |
+---------------------+---------------------+--------------------------+
| \* \* \* \* \*      | \* \* \* \* \*      | \* \* \* \* \*           |
|                     |                     |                          |
| 150-174             | ^1^ 7.5             | ^1\ 3^20/11.25/6         |
|                     |                     |                          |
| 216-220^5^          | 6.25                | 20/11.25/6               |
|                     |                     |                          |
| 220-222             | 5                   | 4                        |
|                     |                     |                          |
| \* \* \* \* \*      | \* \* \* \* \*      | \* \* \* \* \*           |
|                     |                     |                          |
| 1427-1432^5^        | 12.5                | 12.5                     |
|                     |                     |                          |
| 2450-2483.5^2^      |                     |                          |
|                     |                     |                          |
| Above 2500^2^       |                     |                          |
+---------------------+---------------------+--------------------------+

^1^ For stations authorized on or after August 18, 1995.

^2^ Bandwidths for radiolocation stations in the 420-450 MHz band and
for stations operating in bands subject to this footnote will be
reviewed and authorized on a case-by-case basis.

^3^ Operations using equipment designed to operate with a 25 kHz channel
bandwidth will be authorized a 20 kHz bandwidth. Operations using
equipment designed to operate with a 12.5 kHz channel bandwidth will be
authorized a 11.25 kHz bandwidth. Operations using equipment designed to
operate with a 6.25 kHz channel bandwidth will be authorized a 6 kHz
bandwidth.

^4^ \* \* \* \* \*

^5^ See § 90.259.

\* \* \* \* \*

13\. Section 90.210 is amended by revising paragraph (l)(6) to read as
follows:

**§ 90.210 Emission masks.**

**\* \* \* \* \***

\(l\) \* \* \*

\(6\) On any frequency removed from the assigned frequency above 150% of
the authorized bandwidth: 40 dB.

**\* \* \* \* \***

14\. Section 90.212 is amended by revising paragraph (c) to read as
follows:

**§ 90.212 Provisions relating to the use of scrambling devices and
digital voice modulation.**

\* \* \* \* \*

\(c\) The transmission of any non-voice information or data under the
authorization of F1E or G1E emission is prohibited. However, stations
authorized the use of F1E or G1E emission may also be authorized F1D,
F2D, G1D or G2D emission for non-voice communication purposes, pursuant
to §90.207(l).

\* \* \* \* \*

15\. Section 90.219 is amended by revising paragraph (c) to read as
follows:

**§ 90.219 Use of signal boosters.**

\* \* \* \* \*

\(c\) Class A narrowband boosters must meet the out-of-band emission
limits of § 90.210 for each narrowband channel that the booster is
designed to amplify. Class B broadband signal boosters must meet the
emission limits of § 90.210 for frequencies outside of the booster\'s
designed passband.

\* \* \* \* \*

16\. Section 90.233 is amended by revising paragraph (c) to read as
follows:

**§ 90.233 Base/mobile non-voice operations.**

\* \* \* \* \*

\(c\) Provisions of this section do not apply to authorizations for
paging, telemetry, radiolocation, automatic vehicle monitoring systems
(AVM), radioteleprinter, radio call box operations, or authorizations
granted pursuant to subpart T of this part.

17\. Section 90.235 is amended by revising paragraphs (e) and (l) to
read as follows:

**§ 90.235 Secondary fixed signaling operations.**

\* \* \* \* \*

\(e\) Until December 31, 1999, for systems in the Public Safety Pool
authorized prior to June 20, 1975, and Power and Petroleum licensees as
defined in §90.7 authorized prior to June 1, 1976, the maximum duration
of any signaling transmission shall not exceed 6 seconds and shall not
be repeated more than 5 times. Such systems include existing facilities
and additional facilities which may be authorized as a clear and direct
expansion of existing facilities. After December 31, 1999, all signaling
systems shall be required to comply with the 2 second message duration
and 3 message repetition requirements.

\* \* \* \* \*

\(l\) Secondary fixed signaling operations conducted in accordance with
the provisions of §§90.317(a) or 90.637 are exempt from the foregoing
provisions of this section.

\* \* \* \* \*

18\. Section 90.237 is amended by revising paragraphs (a) and (g) to
read as follows:

**§ 90.237 Interim provisions for operation of radioteleprinter and
radiofacsimile devices.**

\(a\) Information must be submitted with an application to establish
that the minimum separation between a proposed radioteleprinter or
radiofacsimile base station and the nearest co-channel base station of
another licensee operating a voice system is 120 km (75 mi) for a single
frequency mode of operation, or 56 km (35 mi) for two frequency mode of
operation. Where this minimum mileage separation cannot be achieved,
either agreement to the use of F1B, F2B, F3C, G1B, G2B or G3C emission
must be received from all existing co-channel licensees using voice
emission within the applicable mileage limits, or if agreement was not
received, the licensee of the radioteleprinter or radiofacsimile system
is responsible for eliminating any interference with preexisting voice
operations. New licensees of voice operations will be expected to share
equally any frequency occupied by established radioteleprinter or
radiofacsimile operations.

\* \* \* \* \*

\(g\) For single sideband operations in accordance with § 90.266,
transmitters certified under this part for use of J3E emission may also
be used for A2B and F2B emissions for radioteleprinter transmissions.
Transmitters certified under this part for use of J3E emission in
accordance with §§ 90.35(c)(1)(A), 90.35(c)(1)(B), 90.35(c)(1)(C) and
90.257(a) may also be used for A1B, A2B, F1B, F2B, J2B, and A3C
emissions to provide standby backup circuits for operational
telecommunications circuits which have been disrupted, where so
authorized in other sections of this part.

\* \* \* \* \*

19\. Section 90.241 is amended by revising paragraph (a) to read as
follows:

**§ 90.241 Radio call box operations.**

\(a\) The frequencies in the 72-76 MHz band listed in § 90.257(a)(1) may
be assigned in the Public Safety Pool for operation of radio call boxes
to be used by the public to request fire, police, ambulance, road
service, and other emergency assistance, subject to the following
conditions and limitations:

\* \* \* \* \*

20\. Section 90.242 is amended by revising paragraphs (a)(2)(i),
(a)(2)(ii), (a)(3), (a)(4), (a)(6), and (a)(7) to read as follows:

**§ 90.242 Travelers\' information stations.**

\(a\) \* \* \* \* \*

\(2\) \* \* \* \* \*

\(i\) A statement certifying that the transmitting site of the
Travelers' Information Station will be located at least 15 km (9.3
miles) measured orthogonally outside the measured 0.5 mV/m daytime
contour (0.1 mV/m for Class A stations) of any AM broadcast station
operating on a first adjacent channel or at least 130 km (80.6 miles)
outside the measured 0.5 mV/m daytime contour (0.1 mV/m for Class A
stations) of any AM broadcast station operating on the same channel, or,
if nighttime operation is proposed, outside the theoretical 0.5 mV/m-50%
nighttime skywave contour of a U.S. Class A station. If the measured
contour is not available, then the calculated 0.5 mV/m field strength
contour shall be acceptable. These contours are available at the
concerned AM broadcast station and FCC offices in Washington, DC.

\(ii\) In consideration of possible cross-modulation and
inter-modulation interference effects which may result from the
operation of a Travelers' Information Station in the vicinity of an AM
broadcast station on the second or third adjacent channel, the applicant
shall certify that it has considered these possible effects and, to the
best of its knowledge, does not foresee interference occurring to
broadcast stations operating on second or third adjacent channels.

\* \* \* \* \*

\(3\) Travelers' Information Stations will be authorized on a secondary
basis to stations authorized on a primary basis in the band 510-1715
kHz.

\(4\) A Travelers' Information Station authorization may be suspended,
modified, or withdrawn by the Commission without prior notice or right
to hearing if necessary to resolve interference conflicts, to implement
agreements with foreign governments, or in other circumstances
warranting such action.

\* \* \* \* \*

\(6\) A Travelers' Information Station shall normally be authorized to
use a single transmitter. However, a system of stations, with each
station in the system employing a separate transmitter, may be
authorized for a specific area provided sufficient need is demonstrated
by the applicant.

\(7\) Travelers' Information Stations shall transmit only noncommercial
voice information pertaining to traffic and road conditions, traffic
hazard and travel advisories, directions, availability of lodging, rest
stops and service stations, and descriptions of local points of
interest. It is not permissible to identify the commercial name of any
business whose service may be available within or outside the coverage
area of a Travelers' Information Station. However, to facilitate
announcements concerning departures/arrivals and parking areas at air,
train, and bus terminals, the trade name identification of carriers is
permitted.

\* \* \* \* \*

21\. Section 90.250 is amended by revising paragraphs (f) and (i) to
read as follows:

**§ 90.250 Meteor burst communications.**

\* \* \* \* \*

\(f\) The maximum authorized bandwidth is 20 kHz.

\* \* \* \* \*

\(i\) Stations employing meteor burst communications shall not cause
interference to other stations operating in accordance with the
allocation table. New authorizations will be issued subject to the
Commission\'s developmental grant procedure as outlined in subpart Q of
this part. Prior to expiration of the developmental authorization,
application Form 601 should be filed for issuance of a permanent
authorization.

22\. Section 90.257 is amended by revising paragraph (a)(1) to read as
follows:

**§ 90.257 Assignment and use of frequencies in the band 72-76 MHz.**

\(a\) \* \* \* \* \*

\(1\) The following frequencies in the band 72-76 MHz may be used for
fixed operations:

*MHz*

72.02 72.80

72.04 72.82

72.06 72.84

72.08 72.86

72.10 72.88

72.12 72.90

72.14 72.92

72.16 72.94

72.18 72.96

72.20 72.98

72.22 75.42

72.24 75.46

72.26 75.50

72.28 75.54

72.30 75.58

72.32 75.62

72.34 75.64

72.36 75.66

72.38 75.68

72.40 75.70

72.42 75.72

72.46 75.74

72.50 75.76

72.54 75.78

72.58 75.80

72.62 75.82

72.64 75.84

72.66 75.86

72.68 75.88

72.70 75.90

72.72 75.92

72.74 75.94

72.76 75.96

72.78 75.98

\* \* \* \* \*

23\. Section 90.259 is amended by revising paragraph (a)(5) to read as
follows:

**§ 90.259 Assignment and use of frequencies in the bands 216-220 MHz
and 1427-1432 MHz.**

\(a\) \* \* \* \* \*

\(5\) In the 217-220 MHz band, base, mobile, and operational fixed
operations are permitted.

\* \* \* \* \*

24\. Section 90.261 is amended by revising paragraph (c) to read as
follows:

**§ 90.261 Assignment and use of frequencies in the band 450-470 MHz for
fixed operations.**

\(c\) All fixed systems are limited to one frequency pair with 5 MHz
spacing and must employ directional antennas with a front-to-back ratio
of 15dB, except that omnidirectional antennas having unity gain may be
employed by stations communicating with a minimum of three receiving
locations encompassed in a sector of at least 160° in azimuth. Stations
authorized for secondary fixed operations prior to July 13, 1992, may
continue to operate under the conditions of their initial authorization.

\* \* \* \* \*

25\. Section 90.263 is amended to read as follows:

**§ 90.263 Substitution of frequencies below 25 MHz.**

Frequencies below 25 MHz when shown in the radio pool frequency listings
under this part will be assigned to base or mobile stations only upon a
satisfactory showing that, from a safety of life standpoint, frequencies
above 25 MHz will not meet the operational requirements of the
applicant. These frequencies are available for assignment in many areas;
however, in individual cases such assignment may be impracticable due to
conflicting frequency use authorized to stations in other services by
this and other countries. In such cases, a substitute frequency, if
found available, may be assigned from the following bands: 1705-1750
kHz, 2107-2170 kHz, 2194-2495 kHz, 2506-2850 kHz, 3155-3400 kHz, or
4438-4650 kHz. Since such assignments are in certain instances subject
to additional technical and operation limitations, it is necessary that
each application also include precise information concerning transmitter
output power, type and directional characteristics, if any, of the
antenna, and the minimum necessary hours of operation. (This section is
not applicable to the Radiolocation Service, subpart F of this part.)

26\. Section 90.264 is amended by revising paragraph (h) to read as
follows:

**§ 90.266 Disaster communications between 2 and 10 MHz.**

**\* \* \* \* \***

\(h\) Training exercises which require use of these frequencies for more
than seven hours a week, cumulative, are not authorized without prior
written approval from the Commission.

27\. Section 90.303 is amended by revising the table in paragraph (b) to
read as follows:

**§ 90.303 Availability of frequencies.**

\(b\) \* \* \*

  -------------------- ------------ ----------- -------------------- ----------
  Urbanized area       Geographic               Bands (MHz)          TV
                       center                                        channels

                       North        West                             
                       Latitude     Longitude                        

  Boston, MA           42° 21\'     71° 03\'    470-476, 482-488     14, 16
                       24.4\"       23.2\"                           

  Chicago, IL^1^       41° 52\'     87° 38\'    470-476, 476-482     14, 15
                       28.1\"       22.2\"                           

  Cleveland, OH^2^     41° 29\'     81° 49\'    470-476, 476-482     14, 15
                       51.2\"       49.5\"                           

  Dallas/Fort Worth,   32° 47\'     96° 47\'    482-488              16
  TX                   09.5\"       38.0\"                           

  Detroit, MI^3^       42° 19\'     83° 02\'    476-482, 482-488     15, 16
                       48.1\"       56.7\"                           

  Houston, TX          29° 45\'     95° 21\'    488-494              17
                       26.8\"       37.8\"                           

  Los Angeles, CA^4^   34° 03\'     118° 14\'   470-476, 482-488,    14, 16, 20
                       15.0\"       31.3\"      506-512              

  Miami, FL            25° 46\'     80° 11\'    470-476              14
                       38.4\"       31.2\"                           

  New York, NY/NE NJ   40° 45\'     73° 59\'    470-476, 476-482,    14, 15, 16
                       06.4\"       37.5\"      482-488              

  Philadelphia, PA     39° 56\'     75° 09\'    500-506, 506-512     19, 20
                       58.4\"       19.6\"                           

  Pittsburgh, PA       40° 26\'     79° 59\'    470-476, 494-500     14, 18
                       19.2\"       59.2\"                           

  San                  37° 46\'     122° 24\'   482-488, 488-494     16, 17
  Francisco/Oakland,   38.7\"       43.9\"                           
  CA                                                                 

  Washington, DC/MD/VA 38° 53\'     77° 00\'    488-494, 494-500     17, 18
                       51.4\"       31.9\"                           
  -------------------- ------------ ----------- -------------------- ----------

^1^ In the Chicago, IL, urbanized area, channel 15 frequencies may be
used for paging operations in addition to low power base/mobile usages,
where applicable protection requirements for ultrahigh frequency
television stations are met.

^2^ Channels 14 and 15 are not available in Cleveland, OH, until further
order from the Commission.

^3^ Channels 15 and 16 are not available in Detroit, MI, until further
order from the Commission.

^4^ Channel 16 is available in Los Angeles, CA, for use by eligibles in
the Public Safety Radio Pool.

\* \* \* \* \*

28\. Section 90.307 is revised to read as follows:

**§ 90.307 Protection criteria.**

The tables and figures listed in § 90.309 shall be used to determine the
effective radiated power (ERP) and antenna height of the proposed land
mobile base station and the ERP for the associated control station
(control station antenna height shall not exceed 31 meters (100 feet)
above average terrain (AAT)).

\(a\) Base stations operating on the frequencies available for land
mobile use in any urbanized area and having an antenna height (AAT) less
than 152 meters (500 feet) shall afford protection to co-channel and
adjacent channel television stations in accordance with the values set
out in tables A and E of § 90.309, except for channel 15 in New York,
NY, and Cleveland, OH, and channel 16 in Detroit, MI, where protection
will be in accordance with the values set forth in tables B and E in 47
CFR § 90.309.

\(b\) For base stations having antenna heights between 152 and 914
meters (500-3000 feet) above average terrain, the effective radiated
power must be reduced below 1 kilowatt in accordance with the values
shown in the power reduction graph in Figure A in § 90.309, except for
channel 15 in New York, NY, and Cleveland, OH, and channel 16 in
Detroit, MI, where the effective radiated power must be reduced in
accordance with Figure B in § 90.309. For heights of more than 152
meters (500 feet) above average terrain, the distance to the radio path
horizon will be calculated assuming smooth earth. If the distance so
determined equals or exceeds the distance to the Grade B contour of a
co-channel TV station (Grade B contour defined in § 73.683(a)), an
authorization will not be granted unless it can be shown that actual
terrain considerations are such as to provide the desired protection at
the Grade B contour, or that the effective radiated power will be
further reduced so that, assuming free space attenuation, the desired
protection at the Grade B contour will be achieved.

\(c\) Mobile units and control stations operating on the frequencies
available for land mobile use in any given urbanized area shall afford
protection to co-channel and adjacent channel television stations in
accordance with the values set forth in table C in § 90.309 and
paragraph (d) of this section except for channel 15 in New York, NY, and
Cleveland, OH, and channel 16 in Detroit, MI, where protection will be
in accordance with the values set forth in table D in § 90.309 and
paragraph (d) of this section.

\(d\) The minimum distance between a land mobile base station which has
associated mobile units and a protected adjacent channel television
station is 145 km (90 miles).

\(e\) The television stations to be protected (co-channel, adjacent
channel, IM, and IF) in any given urbanized area, in accordance with the
provisions of paragraphs (a), (b), (c), and (d) of this section, are
identified in the Commission\'s publication \"TV stations to be
considered in the preparation of Applications for Land Mobile Facilities
in the Band 470-512 MHz.\" The publication is available at the offices
of the Federal Communications Commission in Washington, D.C. or upon the
request of interested persons.

29\. Section 90.309 is modified by revising paragraph (a)(4) and the
table in paragaraph (a)(5) to read as follows:

**§ 90.309 Table and figures.**

\(a\) \* \* \* \* \*

\(4\) In determining the average elevation of the terrain, the
elevations between 3.2 kilometers (2 miles) and 16 kilometers (10 miles)
from the antenna site are employed. Profile graphs shall be drawn for a
minimum of eight radials beginning at the antenna site and extending 16
kilometers (10 miles). The radials should be drawn starting with true
north. At least one radial should be constructed in the direction of the
nearest co-channel and adjacent channel UHF television stations. The
profile graph for each radial shall be plotted by contour intervals of
from 12.2 meters (40 feet) to 30.5 meters (100 feet) and, where the data
permits, at least 50 points of elevation (generally uniformly spaced)
should be used for each radial. For very rugged terrain, 61 meters (200
feet) to 122 meters (400 foot) contour intervals may be used. Where the
terrain is uniform or gently sloping, the smallest contour interval
indicated on the topographic chart may be used. The average elevation of
the 12.8 kilometer (8 mile) distance between 3.2 kilometers (2 miles)
and 16 kilometers (10 miles) from the antenna site should be determined
from the profile graph for each radial. This may be obtained by
averaging a large number of equally spaced points, by using a
planimeter, or by obtaining the median elevation (that exceeded by 50
percent of the distance) in sectors and averaging those values. In the
preparation of the profile graphs, the elevation or contour intervals
may be taken from U.S. Geological Survey Topographic Maps, U.S. Army
Corps of Engineers Maps, or Tennessee Valley Authority Maps. Maps with a
scale of 1:250,000 or larger (such as 1:24,000) shall be used. Digital
Terrain Data Tapes, provided by the National Cartographic Institute,
U.S. Geologic Survey, may be utilized in lieu of maps, but the number of
data points must be equal to or exceed that specified above. If such
maps are not published for the area in question, the next best
topographic information should be used.

\(5\) \* \* \*

TABLE B\--BASE STATION\--COCHANNEL FREQUENCIES (40 dB PROTECTION)
MAXIMUM EFFECTIVE RADIATED POWER (ERP)^1^

<table>
<colgroup>
<col style="width: 15%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
</colgroup>
<tbody>
<tr class="odd">
<td rowspan="2">Distance in kilometers (miles):<sup>2</sup></td>
<td colspan="10">Antenna height in meters (feet) (AAT)</td>
</tr>
<tr class="even">
<td>15 (50)</td>
<td>30.5 (100)</td>
<td>45 (150)</td>
<td>61 (200)</td>
<td>76 (250)</td>
<td>91.5 (300)</td>
<td>106 (350)</td>
<td>122 (400)</td>
<td>137 (450)</td>
<td>152.5 (500)</td>
</tr>
<tr class="odd">
<td><p>209 (130)</p>
<p>201 (125)</p>
<p>193 (120)</p>
<p>185 (115)</p>
<p>177 (110)</p>
<p>169 (105)</p>
<p>161 (100)</p>
<p>153 (95)</p>
<p>145 (90)</p></td>
<td><p>1,000</p>
<p>1,000</p>
<p>1,000</p>
<p>1,000</p>
<p>850</p>
<p>600</p>
<p>400</p>
<p>275</p>
<p>175</p></td>
<td><p>1,000</p>
<p>1,000</p>
<p>1,000</p>
<p>1,000</p>
<p>700</p>
<p>475</p>
<p>325</p>
<p>225</p>
<p>125</p></td>
<td><p>1,000</p>
<p>1,000</p>
<p>1,000</p>
<p>800</p>
<p>600</p>
<p>400</p>
<p>275</p>
<p>175</p>
<p>100</p></td>
<td><p>1,000</p>
<p>1,000</p>
<p>1,000</p>
<p>725</p>
<p>500</p>
<p>325</p>
<p>225</p>
<p>125</p>
<p>75</p></td>
<td><p>1,000</p>
<p>1,000</p>
<p>900</p>
<p>600</p>
<p>425</p>
<p>275</p>
<p>175</p>
<p>110</p>
<p>50</p></td>
<td><p>1,000</p>
<p>1,000</p>
<p>750</p>
<p>525</p>
<p>375</p>
<p>250</p>
<p>150</p>
<p>95</p>
<p>……...</p></td>
<td><p>1,000</p>
<p>1,000</p>
<p>675</p>
<p>475</p>
<p>325</p>
<p>225</p>
<p>140</p>
<p>80</p>
<p>……..</p></td>
<td><p>1,000</p>
<p>850</p>
<p>600</p>
<p>425</p>
<p>300</p>
<p>200</p>
<p>125</p>
<p>70</p>
<p>……...</p></td>
<td><p>1,000</p>
<p>750</p>
<p>550</p>
<p>375</p>
<p>275</p>
<p>175</p>
<p>110</p>
<p>60</p>
<p>……..</p></td>
<td><p>1,000</p>
<p>725</p>
<p>500</p>
<p>350</p>
<p>225</p>
<p>150</p>
<p>100</p>
<p>50</p>
<p>……..</p></td>
</tr>
</tbody>
</table>

^1^ The effective radiated power (ERP) and antenna height above average
terrain shall not exceed the values given in this table.

^2^ At this distance from the transmitter site of protected UHF
television station

\* \* \* \* \*

30\. Section 90.315 is amended by revising paragraphs (g) and (j) to
read as follows:

**§ 90.315 Special provisions governing use of frequencies in the
476-494 MHz band (TV Channels 15, 16, and 17) in the Southern
Louisiana-Texas Offshore Zone.**

\* \* \* \* \*

\(g\) To provide adjacent channel protection to television stations, no
shore or offshore station shall be allowed within 128 kilometers (80
miles) of the adjacent channel television station.

\* \* \* \* \*

\(j\) The following frequency bands are available for assignment in all
services for use in the Zones defined in paragraph (a) of this section.

PAIRED FREQUENCIES (MHz)

+-----------------------+-----------------------+-----------------------+
| Zone                  | Transmit (or receive) | Receive (or transmit) |
+-----------------------+-----------------------+-----------------------+
| A.................    | 490.01875-490.98125   | 493.01875-493.98125   |
| ..................... |                       |                       |
|                       | 484.01875-484.98125   | 487.01875-487.98125   |
| B.................    |                       |                       |
| ..................... | 478.01875-478.98125   | 481.01875-481.98125   |
|                       |                       |                       |
| C.................    |                       |                       |
| ..................... |                       |                       |
+-----------------------+-----------------------+-----------------------+

Only the first and last assignable frequencies are shown. Frequencies
shall be assigned in pairs with 3 MHz spacing between transmit and
receive frequencies. Assignable frequency pairs will occur in increments
of 6.25 kHz. The following frequencies will be assigned for a maximum
authorized bandwidth of 6 kHz: 478.01875, 478.98125, 484.01875,
484.98125, 490.01875, 490.98125, 481.01875, 481.98125, 487.01875,
487.98125, 493.01875, and 493.98125 MHz.

\* \* \* \* \*

31\. Section 90.353 is amended by revising paragraphs (e) and (f) to
read as follows:

**§ 90.353 LMS operations in the 902-928 MHz band.**

\(e\) Multilateration EA-licensed systems and grandfathered automatic
vehicle monitoring service (AVM) systems (see § 90.363) are authorized
on a shared basis and must cooperate in the selection and use of
frequencies in accordance with § 90.173(b).

\(f\) Multilateration EA licensees may be authorized to operate on both
the 919.75-921.75 MHz and 921.75-927.25 MHz bands within a given EA (see
§ 90.210(b)(5)).

\* \* \* \* \*

32\. Section 90.357 is revised to read as follows:

**§ 90.357 Frequencies for LMS systems in the 902-928 MHz band.**

\(a\) Multilateration LMS systems will be authorized in the following
LMS sub-bands:

+-----------------------------------+-----------------------------------+
| LMS Sub-band                      | Forward Link^1^                   |
+-----------------------------------+-----------------------------------+
| 904.000-909.750 MHz               | 927.750-928.000 MHz               |
|                                   |                                   |
| 919.750-921.750 MHz^2^            | 927.500-927.750 MHz               |
|                                   |                                   |
| 921.750-927.250 MHz               | 927.250-927.500 MHz               |
+-----------------------------------+-----------------------------------+

^1^ Forward links for the LMS systems may also be contained within the
LMS sub-band. However, the maximum allowable power in these sub-bands is
30 watts ERP in accordance with § 90.205(k).

^2^ The frequency band 919.750-921.750 MHz is shared co-equally between
multilateration and non-multilateration LMS systems.

\(b\) Non-multilateriation LMS systems will be authorized in the
following frequency bands:

*LMS Sub-band* ^1^

902.000-904.000 MHz

909.750-921.750 MHz

^1^ Applicants for non-multilateration LMS systems should request only
the minimum amount of bandwidth necessary to meet their operational
needs.

33\. Section 90.377 is amended by revising paragraph (a) to read as
follows:

**§ 90.377 Frequencies available; maximum EIRP and antenna height, and
priority communications.**

\(a\) Licensees shall transmit only the power (EIRP) needed to
communicate with an On-Board Unit (OBU) within the communications zone
and must take steps to limit the Roadside Unit (RSU) signal within the
zone to the maximum extent practicable.

\* \* \* \* \*

34\. Section 90.419 is amended by revising paragraph (f) to read as
follows:

**§ 90.419 Points of communication.**

\* \* \* \* \*

\(f\) CMRS licensees in the SMR categories of part 90, subpart S, CMRS
providers authorized in the 220 MHz service of part 90, subpart T, CMRS
paging operations as defined by part 90, subpart P and for-profit
interconnected business radio services with eligibility defined by
section 90.35 are permitted to utilize their assigned spectrum for fixed
services on a co-primary basis with their mobile operations.

35\. Section 90.425 is amended by revising paragraphs (a)(4)(iii),
(a)(5), and (c)(2) to read as follows:

**§ 90.425 Station identification.**

\* \* \* \* \*

\(a\) \* \* \* \* \*

\(4\) \* \* \* \* \*

\(iii\) In the Industrial/Business Pool, railroad licensees (as defined
in § 90.7) may identify stations by the name of the railroad and the
train number, caboose number, engine number, or the name of the fixed
wayside station. If none of these forms is practicable, any similar name
or number may be designated by the railroad concerned for use by its
employees in the identification of fixed points or mobile units,
provided that a list of such identifiers is maintained by the railroad.
An abbreviated name or the initials of the railroad may be used where
such are in general usage. In those areas where it is shown that no
difficulty would be encountered in identifying the transmission of a
particular station (as, for example, where stations of one licensee are
located in a yard isolated from other radio installations), approval may
be given to a request from the licensee for permission to omit the
station identification.

\(5\) [Use of identifiers in addition to assigned call
signs.]{.underline} Nothing in this section shall be construed as
prohibiting the transmission of station or unit identifiers which may be
necessary or desirable for system operation, provided that they are
transmitted in addition to the assigned station call sign or other
permissible form of identification.

\* \* \* \* \*

\(c\) \* \* \* \* \*

\(2\) Stations in the Radiolocation Service operating on frequencies
above 3400 kHz that employ spread spectrum techniques shall transmit a
two letter manufacturer\'s designator, authorized by the Commission on
the station authorization, at the beginning and ending of each
transmission and once every 15 minutes during periods of continuing
operation. The designator shall be transmitted in International Morse
Code at a speed not exceeding 25 words per minute, and the spread
spectrum mode of operation shall be maintained while the designator is
being transmitted. The identifying signal shall be clearly receivable in
the demodulated audio of a narrow-band FM receiver.

\* \* \* \* \*

36\. Section 90.465 is amended by revising paragraphs (b) and (c) to
read as follows:

**§ 90.465 Control of systems of communication.**

\* \* \* \* \*

\(b\) In internal systems, as defined in § 90.7, control may be
maintained by conforming the system to the requirements of §§
90.471-90.475.

\(c\) In interconnected systems, as defined in § 90.7, control may be
maintained by conforming operation and system design to that permitted
in §§ 90.477-90.483.

37\. Section 90.475 is amended by revising paragraph (a)(2) to read as
follows:

**§ 90.475 Operation of internal transmitter control systems in special
equipped systems.**

\(a\) \* \* \* \* \*

\(2\) An internal transmitter control system may be used in conjunction
with other approved methods of transmitter control and interconnection
so long as the internal transmitter control system, itself, is neither
accessed from telephone positions in the public switched telephone
network (PSTN), nor uses dial-up circuits in the PSTN. Licensees with
complex communications systems involving fixed systems whose base
stations are controlled by such systems may automatically access these
base stations through the microwave or operational fixed systems from
positions in the PSTN, so long as the base stations and mobile units
meet the requirements of § 90.483 and if a separate circuit is provided
for each mode of transmitter operation ([i.e.]{.underline},
conventional, dial-up or internet).

\* \* \* \* \*

38\. Section 90.483 is amended by revising paragraphs (b)(1)(ii),
(b)(2)(i), and (b)(2)(ii) to read as follows:

**§ 90.483 Permissible methods and requirements of interconnecting
private and public systems of communications.**

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(1\) \* \* \* \* \*

\(ii\) When a frequency is shared by more than one system, automatic
monitoring equipment must be installed at the base station to prevent
activation of the transmitter when signals of co-channel stations are
present and activation would interfere with communications in progress.
Licensees may operate without the monitoring equipment if they have
obtained the consent of all co-channel licensees located within a 120
kilometer (75 mile) radius of the interconnected base station
transmitter. A statement must be submitted to the Commission indicating
that all co-channel licensees have consented to operate without the
monitoring equipment. If a licensee has agreed that the use of
monitoring equipment is not necessary, but later decides that the
monitoring equipment is necessary, the licensee may request that the
co-channel licensees reconsider the use of monitoring equipment. If the
licensee cannot reach an agreement with co-channel licensees, the
licensee may request that the Commission consider the matter and assign
it to another channel. If a new licensee is assigned to a frequency
where all the co-channel licensees have agreed that the use of
monitoring equipment is not necessary, and the new licensee does not
agree, the new licensee may request the co-channel licensees to
reconsider the use of monitoring equipment. If the new licensee cannot
reach an agreement with co-channel licensees, it should request a new
channel from the Commission. Systems on frequencies above 800 MHz are
exempt from this requirement.

\(2\) \* \* \* \* \*

\(i\) When a frequency is shared by more than one system, automatic
monitoring equipment must be installed at the base station to prevent
activation of the transmitter when signals of co-channel stations are
present and activation would interfere with communications in progress.
Licensees may operate without this equipment if they have obtained the
consent of all co-channel licensees located within a 120 kilometer (75
mile) radius of the interconnected base station transmitter. A statement
must be submitted to the Commission indicating that all co-channel
licensees have consented to operate without the monitoring equipment. If
a licensee has agreed that the use of monitoring equipment is not
necessary, but later decides that the monitoring equipment is necessary,
the licensee may request that the co-channel licensees reconsider the
use of monitoring equipment. If the licensee cannot reach an agreement
with co-channel licensees, the licensee may request that the Commission
consider the matter and assign it to another channel. If a new licensee
is assigned to a frequency where all the co-channel licensees have
agreed that the use of monitoring equipment is not necessary, and the
new licensee does not agree, the new licensee may request the co-channel
licensees to reconsider the use of monitoring equipment. If the new
licensee cannot reach an agreement with co-channel licensees, it should
request a new channel from the Commission. Systems on frequencies above
800 MHz are exempt from this requirement.

\(ii\) Initial access points within the public switched telephone
network must be limited to transmission of a 3-second tone, after which
time the transmitter shall close down. No additional signals may be
transmitted until acknowledgement from a mobile station of the licensee
is received. Licensees are exempt from this requirement if they have
obtained the consent of all co-channel licensees located within a 120
kilometer (75 mile) radius of the interconnected base station
transmitter. However, licensees may choose to set their own time
limitations. A statement must be submitted to the Commission indicating
that all co-channel licensees have consented to operate without the
monitoring equipment. If a licensee has agreed that the use of
monitoring equipment is not necessary, but later decides that the
monitoring equipment is necessary, the licensee may request that the
co-channel licensees reconsider the use of monitoring equipment. If the
licensee cannot reach an agreement with co-channel licensees, the
licensee may request that the Commission consider the matter and assign
it to another channel. If a new licensee is assigned to a frequency
where all the co-channel licensees have agreed that the use of
monitoring equipment is not necessary, and the new licensee does not
agree, the new licensee may request the co-channel licensees to
reconsider the use of monitoring equipment. If the new licensee cannot
reach an agreement with co-channel licensees, it should request a new
channel from the Commission. Systems on frequencies above 800 MHz are
exempt from this requirement.

39\. Section 90.613 is amended by revising channel 139 of the Table of
896-901/935-940 MHz Channel Designations to read as follows:

**§ 90.613 Frequencies available.**

TABLE OF 896-901/935-940 MHZ CHANNEL DESIGNATIONS

+--------------------------------------------------------+-------------+
| Channel No.                                            | Base        |
|                                                        |             |
|                                                        | frequency   |
|                                                        |             |
|                                                        | (MHz)       |
+--------------------------------------------------------+-------------+
| 139                                                    | .7375       |
| ..........................................             |             |
| ...................................................... |             |
+--------------------------------------------------------+-------------+

\* \* \* \* \*

**APPENDIX C**

**PROPOSED RULES**

Parts 2, 90 and 95 of Chapter 1 of Title 47 of the Code of Federal
Regulations are amended as follows:

1\. The authority citation for Part 2 continues to read as follows:

**Authority[:]{.smallcaps} 47 U.S.C. 154, 302a, 303, and 336, unless
otherwise noted.**

2\. Section 2.106 is amended by revising the table in note US350 to read
as follows:

**§ 2.106 Table of Frequency Allocations**

> \* \* \* \* \*
>
> US350 \* \* \*

+--------------------------------+------------------+------------------+
| Location                       |                  |                  |
|                                |                  |                  |
| (see § 90.259(b)(4) of this    |                  |                  |
| chapter for a detailed         |                  |                  |
| description)                   |                  |                  |
+--------------------------------+------------------+------------------+
|                                | 1427-1429 MHz    | 1429-1431.5 MHz  |
|                                |                  |                  |
|                                | 1431.5-1432 MHz  |                  |
+--------------------------------+------------------+------------------+
| Austin/Georgetown, Texas       | Non-Government   | Government and   |
| .........                      | land mobile      | non-Government   |
|                                | service is       | land mobile      |
| Battle Creek, Michigan         | limited to       | service is       |
| ............\...               | telemetry and    | limited to       |
|                                | telecommand      | medical          |
| Detroit, Michigan              | operations.      | telemetry and    |
| .....................          | Government and   | telecommand      |
|                                | non-Government   | operations.      |
| Pittsburgh, Pennsylvania       | medical          |                  |
| .............                  | telemetry and    | Non-Government   |
|                                | telecommand use  | telemetry and    |
| Richmond/Norfolk, Virginia     | is permitted on  | telecommand use  |
| ......\...                     | a secondary      | is permitted on  |
|                                | basis.           | a secondary      |
| Spokane, Washington            |                  | basis.           |
| .................              |                  |                  |
|                                |                  |                  |
| Washington, DC metropolitan    |                  |                  |
| area                           |                  |                  |
+--------------------------------+------------------+------------------+
|                                | 1427-1429.5 MHz  | 1429.5-1432 MHz  |
+--------------------------------+------------------+------------------+
| Rest of                        | Government and   | Non-Government   |
| U.S........................... | non-Government   | land mobile      |
|                                | land mobile      | service is       |
|                                | service is       | limited to       |
|                                | limited to       | telemetry and    |
|                                | medical          | telecommand      |
|                                | telemetry and    | operations.      |
|                                | telecommand      |                  |
|                                | operations.      | Government and   |
|                                |                  | non-Government   |
|                                | Non-Government   | medical          |
|                                | telemetry and    | telemetry and    |
|                                | telecommand use  | telecommand use  |
|                                | is permitted on  | is permitted on  |
|                                | a secondary      | a secondary      |
|                                | basis.           | basis.           |
+--------------------------------+------------------+------------------+

3\. 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), and 332(c)(7).**

4\. Section 90.20 is amended by adding paragraph (a)(2)(xiv) to read as
follows:

**§ 90.20 Public Safety Pool.**

\(a\) \* \* \* \* \*

\(2\) \* \* \* \* \*

\(xiv\) Persons or organizations providing local or regional
multiple-occupancy-vehicle passenger services over regular routes under
contract or similar arrangement with a governmental entity for the
transmission of messages pertaining to either the efficient operation of
the service or the safety or general welfare of the passengers they are
engaged in transporting. Each transit system operator may be authorized
to operate one base station and a number of mobile units not in excess
of the total of the number of passenger vehicles and maintenance
vehicles regularly engaged in the operation. Additional base stations or
mobile units will be authorized only in exceptional circumstances when
the applicant can show a specific need.

\* \* \* \* \*

5\. Section 90.175 is amended by adding paragraph (j)(17) to read as
follows:

**§ 90.175 Frequency coordinator requirements.**

\* \* \* \* \*

\(j\) \* \* \* \* \*

\(17\) Applications requesting to modify a license to authorize
commercial operations pursuant to Section 90.621(e)(2), or to reverse
such a modification, if there is no change in technical parameters.

6\. Section 90.176 is amended by revising paragraph (d) to read as
follows:

> **§ 90.176 Coordinator notification requirements on frequencies below
> 512 MHz, at 764-776/794-806 MHz, or at 1427-1432 MHz.**

\* \* \* \* \*

\(d\) [Frequencies in the 1427-1432 MHz band]{.underline}*.* Within one
business day of making a frequency recommendation, each frequency
coordinator must notify and provide the information indicated in
paragraph (g) of this section to the WMTS frequency coordinator
designated in § 95.1112 and to all other frequency coordinators who are
also certified to coordinate that frequency. In addition, the frequency
coordinator must ensure compliance with all coordination requirements
incorporated in the joint WMTS-Part 90 coordination plan filed in WT
Docket No. 02-8 on August 18, 2004.

\* \* \* \* \*

7\. Section 90.243 is amended by revising paragraph (b)(1) to read as
follows:

**§ 90.243 Mobile relay stations.**

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(1\) In the Public Safety Pool, systems that operate in the 150 MHz
band are permitted to be cross-banded for mobile and central stations
operations with mobile relay stations authorized to operate in the 450
and 800 MHz bands.

\* \* \* \* \*

8\. Section 90.247 is amended by removing and reserving paragraph (b).

**§ 90.247 Mobile repeater stations.**

\* \* \* \* \*

\(b\) \[Reserved\]

\* \* \* \* \*

9\. Section 90.259 is amended by revising paragraphs (b)(3) and
(b)(4)(ii) to read as follows:

> **§ 90.259 Assignment and use of frequencies in the bands 216-220 MHz
> and 1427-1432 MHz.**

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(3\) All operations authorized under this section in the 1429.5-1432
MHz band are primary in status (and Wireless Medical Telemetry Service
operations are secondary) except in the locations specified in paragraph
(b)(4) of this section. At the locations specified in paragraph (b)(4)
of this section, all operations authorized under this section are
primary in status (and Wireless Medical Telemetry Service operations are
secondary) in the 1427-1429 MHz and 1431.5-1432 MHz bands.

\(4\) \* \* \* \* \*

\(ii\) Washington, DC metropolitan area---Counties of Montgomery, Prince
George's and Charles in Maryland; Arlington, Prince William, Fauquier,
Loudon, and Fairfax, and Cities of Alexandria, Falls Church, Fairfax,
Manassas and Manassas Park in Virginia; and District of Columbia.

\* \* \* \* \*

10\. Section 90.1215 is amended by revising paragraph (a) and adding
paragraph (e) to read as follows:

**§ 90.1215 Power Limits**

\* \* \* \* \*

\(a\) The maximum conducted output power should not exceed:

+-----------------------+----------------------+-----------------------+
| Channel Bandwidth     | Low power peak       | High power peak       |
|                       | transmitter power    | transmitter power     |
| (MHz)                 |                      |                       |
|                       | (dBm)                | (dBm)                 |
+-----------------------+----------------------+-----------------------+
| 1                     | 7                    | 20                    |
|                       |                      |                       |
| 5                     | 14                   | 27                    |
|                       |                      |                       |
| 10                    | 17                   | 30                    |
|                       |                      |                       |
| 15                    | 18.8                 | 31.8                  |
|                       |                      |                       |
| 20                    | 20                   | 33                    |
+-----------------------+----------------------+-----------------------+

High power devices are also limited to a peak power spectral density of
20 dBm per one MHz. High power devices using channel bandwidths other
than those listed above are permitted; however, they are limited to a
maximum conducted power spectral density of 20 dBm/MHz. If transmitting
antennas of directional gain greater than 9 dBi are used, both the
maximum conducted output power and the peak power spectral density
should be reduced by the amount in decibels that the directional gain of
the antenna exceeds 9 dBi. However, high power point-to-point and
point-to-multipoint operation (both fixed and temporary-fixed rapid
deployment) may employ transmitting antennas with directional gain up to
26 dBi without any corresponding reduction in the maximum conducted
output power or spectral density. Corresponding reduction in the
transmit power and peak power spectral density should be the amount in
decibels that the directional gain of the antenna exceeds 26 dBi.

\(b\) Low power devices are also limited to a peak power spectral
density of 8 dBm per one MHz. Low power devices using channel bandwidths
other than those listed above are permitted; however, they are limited
to a peak power spectral density of 8 dBm/MHz. If transmitting antennas
of directional gain greater than 9 dBi are used, both the maximum
conducted output power and the peak power spectral density should be
reduced by the amount in decibels that the directional gain of the
antenna exceeds 9 dBi.

\(c\) The maximum conducted power is measured as a conducted emission
over any interval of continuous transmission calibrated in terms of an
RMS-equivalent voltage. If the device cannot be connected directly,
alternative techniques acceptable to the Commission may be used. The
measurement results shall be properly adjusted for any instrument
limitations, such as detector response times, limited resolution
bandwidth capability when compared to the emission bandwidth,
sensitivity, etc., so as to obtain a true maximum conducted power
measurement conforming to the definitions in this paragraph for the
emission in question.

\* \* \* \* \*

\(e\) The ratio of the peak excursion of the modulation envelope
(measured using a peak hold function) to the maximum conducted output
power shall not exceed 13 dB across any 1 MHz bandwidth or the emission
bandwidth whichever is less.

11\. Section 90.XXX is added to read as follows:

**§ 90.XXX Disturbance of AM broadcast station antenna patterns.**

Public Safety Pool and Industrial/Business Pool licensees that construct
or modify towers in the immediate vicinity of AM broadcast stations are
responsible for measures necessary to correct disturbance of the AM
station antenna pattern which causes operation outside of the radiation
parameters specified by the FCC for the AM station, if the disturbance
occurred as a result of such construction or modification.

\(a\) [Non-directional AM stations]{.underline}. If tower construction
or modification is planned within 1 kilometer (0.6 mile) of a
non-directional AM broadcast station tower, the Public Safety Pool or
Industrial/Business Pool licensee must notify the licensee of the AM
broadcast station in advance of the planned construction or
modification. Measurements must be made to determine whether the
construction or modification would affect the AM station antenna
pattern. The Public Safety Pool or Industrial/Business Pool licensee is
responsible for the installation and continued maintenance of any
detuning apparatus necessary to restore proper non-directional
performance of the AM station tower.

\(b\) [Directional AM stations]{.underline}. If tower construction or
modification is planned within 3 kilometers (1.9 miles) of a directional
AM broadcast station array, the Public Safety Pool or
Industrial/Business Pool licensee must notify the licensee of the AM
broadcast station in advance of the planned construction or
modification. Measurements must be made to determine whether the
construction or modification would affect the AM station antenna
pattern. The Public Safety Pool or Industrial/Business Pool licensee is
responsible for the installation and continued maintenance of any
detuning apparatus necessary to restore proper performance of the AM
station array.

12\. The authority citation for Part 95 continues to read as follows:

**Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C.
154, 303.**

13\. Section 95.630 is amended to read as follows:

> **§ 95.630 WMTS transmitter frequencies.**

WMTS transmitters may operate in the frequency bands specified as
follows:

608-614 MHz

1395-1400 MHz

1427-1432 MHz (see § 90.259(b) of this part regarding where WMTS
operations are primary in status, and where they are secondary to Part
90 operations)

14\. Section 95.1101 is amended to read as follows:

> **§ 95.1101 Scope.**

This subpart sets out the regulations governing the operation of
Wireless Medical Telemetry Devices in the 608-614 MHz, 1395-1400 MHz,
and 1427-1432 MHz frequency bands.

15\. Section 95.1113 is amended by revising paragraphs (b)(1), (5), and
(6) to read as follows:

> **§ 95.1113 Frequency coordinator.**

\* \* \* \* \*

\(b\) \* \* \* \* \*

\(1\) Review and process registration requests submitted by authorized
health cares providers as required in § 95.1111;

\* \* \* \* \*

\(5\) Upon receipt of a registration request for WMTS equipment
operating in the 1427-1432 MHz band, notify all Part 90 frequency
coordinators of the intended activation in accordance with the joint
WMTS-Part 90 coordination plan filed in WT Docket No. 02-8 on August 18,
2004. The Part 90 frequency coordinators shall, in turn, determine
potentially affected Part 90 licensees and notify those Part 90
licensees operating in the 1427-1432 MHz band in accordance with §
90.259 of their obligation to ensure compliance with the field strength
limit of § 90.259(b)(11), as measured at the WMTS site.

\(6\) Upon receipt of a registration request for WMTS equipment
operating in the 1395-1400 MHz band, notify each party licensed to
operate in the 1392-1395 MHz band in the applicable geographic area
pursuant to subpart I of part 27 of this chapter of the need to comply
with the field strength limit set forth in § 27.804.

[^1]: *See* 47 C.F.R. Part 90.

[^2]: *See*, *e.g.,* 1998 Biennial Regulatory Review -- 47 C.F.R. Part
    90 -- Private Land Mobile Radio Services, *Report and Order and
    Further Notice of Proposed Rule Making*, WT Docket No. 98-182, 15
    FCC Rcd 16673 (2000) (*Biennial Review R&O*); *see also* Biennial
    Regulatory Review -- Amendment of Parts 1, 22, 24, 27 and 90 to
    Streamline and Harmonize Various Rules Affecting Wireless Radio
    Services, *Notice of Proposed Rulemaking,* WT Docket No. 03-264, 19
    FCC Rcd 708 (2004).

[^3]: *Biennial Review R&O*, 15 FCC Rcd at 16674-75 ¶ 3.

[^4]: Frequency coordination is the process by which a private
    organization recommends to the Commission the most appropriate
    frequencies for private land mobile radio service applicants.
    Frequency coordinators provide a valuable service to the Commission
    by eliminating common application errors, thereby improving the
    quality of the applications and resolving potential interference
    problems at the source. *See*, *e.g.*, The Development of
    Operational, Technical and Spectrum Requirements for Meeting
    Federal, State and Local Public Safety Communication Requirements
    Through the Year 2010, *Fourth Report and Order and Fifth Notice of
    Proposed Rule Making*, WT Docket No. 96-86, 16 FCC Rcd 2020, 2064
    (2001).

[^5]: *See* 47 C.F.R. § 90.175.

[^6]: Frequency Coordination in the Private Land Mobile Radio Services,
    *Report and Order,* PR Docket No. 83-737, 103 F.C.C. 2d 1093, 1150 ¶
    116 (1986); *see* 47 C.F.R. § 90.175(j).

[^7]: *See* 47 C.F.R. § 90.621(e)(2), (3).

[^8]: We note that the Commission adopted a proposal to eliminate the
    frequency coordination requirement for applications seeking to
    delete one or more frequencies or locations from a license. *See*
    Biennial Regulatory Review -- Amendment of Parts 1, 22, 24, 27 and
    90 to Streamline and Harmonize Various Rules Affecting Wireless
    Radio Services, *Report and Order and Further Notice of Proposed
    Rulemaking,* WT Docket No. 03-264, 20 FCC Rcd 13900, 13906 ¶ 8
    (2005).

[^9]: *See* Implementation of Sections 309(j) and 337 of the
    Communications Act of 1934 as Amended, *Third Memorandum Opinion and
    Order, Third Further Notice of Proposed Rule Making and Order*, WT
    Docket No. 99-87, 19 FCC Rcd 25045, 25051-52 ¶¶ 12-13 (2004)
    (requiring most PLMR licensees in the 150-174 MHz and 421-512 MHz
    bands to migrate to 12.5 kHz technology by January 1, 2013); *see
    also* 47 C.F.R. § 90.209(b)(5).

[^10]: *See* 47 C.F.R. § 1.929.

[^11]: *See* 47 C.F.R. § 1.947(b).

[^12]: *See* 47 C.F.R. § 90.22.

[^13]: In general, VHF public safety frequencies are assigned on a
    shared basis. Consequently, the same channel can be licensed to
    different entities in the same general area.

[^14]: Amendment of Part 90 of the Commission's Rules to Create the
    Emergency Medical Radio Service, *Report and Order*, PR Docket No.
    91-72, 8 FCC Rcd 1454, 1457 ¶ 17 (1993); *see also* Amendment of
    Part 90 of the Commission's Rules to Create the Emergency Medical
    Radio Service, *Notice of Proposed Rulemaking,* PR Docket No. 91-72,
    6 FCC Rcd 207, 217 ¶ 20 (1991).

[^15]: The frequency 155.340 MHz may be designed by common consent as an
    intersystem mutual assistance frequency under an area-wide medical
    communications plan. *See* 47 C.F.R. § 90.20(d)(40).

[^16]: The spectrum available for public safety use is in multiple bands
    (*e.g.*, 150-174 MHz, 421-512 MHz, 800 MHz). Often, some public
    safety entities are authorized to operate in one band while others
    in the same general area are authorized to operate in another band
    or bands. In order for entities to communicate with one another,
    "cross-band repeaters" -- repeaters that receive on frequencies in
    one band and transmit on frequencies in another band \-- are often
    used to allow for communication between incompatible communications
    systems. *See* The Development of Operational, Technical and
    Spectrum Requirements for Meeting Federal, State and Local Public
    Safety Communication Requirements Through the Year 2010, *Notice of
    Proposed Rule Making*, WT Docket No. 96-86, 11 FCC Rcd 12460, 12475
    ¶ 37 (1996).

[^17]: *See* 47 C.F.R. § 90.243(b)(1).

[^18]: The reference to "medical services systems" appears to be left
    over from the prior rule that applied only to the Emergency Medical
    and Special Emergency Radio Services, *see* 47 C.F.R. § 90.243(b)(1)
    (1996), before those services were consolidated into the Public
    Safety Radio Pool. *See* Replacement of Part 90 by Part 88 to Revise
    the Private Land Mobile Radio Services and Modify the Policies
    Governing Them, *Second Report and Order*, PR Docket No. 92-235, 12
    FCC Rcd 14307 (1997) (*Refarming 2^nd^ R&O*).

[^19]: A mobile repeater station is a mobile station authorized to
    retransmit automatically, on a mobile service frequency,
    communications to or from hand-carried transmitters. *See* 47 C.F.R
    § 90.7.

[^20]: *See* 47 C.F.R. § 90.247(b).

[^21]: *See* 47 C.F.R. § 90.247(b) (1996).

[^22]: *See* *Refarming 2^nd^ R&O*, 12 FCC Rcd 14307.

[^23]: *See Biennial Review R&O*, 15 FCC Rcd at 16688-89 ¶ 32.

[^24]: *I.e.*, the license's status in ULS is changed from "Active" to
    "Expired" or "Cancelled," and a date is entered into the
    "Cancellation" field.

[^25]: *See* Amendment of Parts 1 and 90 of the Commission's Rules
    Concerning the Construction, Licensing, and Operation of Private
    Land Mobile Radio Stations, *Memorandum Opinion and Order*, PR
    Docket No. 90-481, 8 FCC Rcd 6690, 6691 ¶ 5 (1993); *see also*
    National Science and Technology Network, Inc., *Memorandum Opinion
    and Order*, 17 FCC Rcd 365, 365 ¶ 2 (2001).

[^26]: The LMCC is a non-profit association of organizations
    representing substantially all land mobile radio licensees,
    providers of land mobile services and manufacturers of land mobile
    equipment. LMCC\'s membership includes all of the Commission\'s
    certified Part 90 frequency coordinators. *See* 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, *Memorandum Opinion and Order*, WT Docket No.
    01-146, 19 FCC Rcd 18501, 18502 n.11 (2004).

[^27]: *See* Letter dated June 30, 2004 from Jim Pakla, President LMCC,
    to D'wana Terry, Chief, Public Safety and Critical Infrastructure
    Division, Wireless Telecommunications Bureau, Federal Communications
    Commission.

[^28]: *Id.* at 2.

[^29]: *See* 47 C.F.R. § 90.185.

[^30]: *Id*.

[^31]: *See* Implementation of Sections 309(j) and 337 of the
    Communications Act of 1934 as Amended, *Notice of Proposed Rule
    Making,* WT Docket No. 99-87, 14 FCC Rcd 5206, 5232 ¶ 50 (1999).

[^32]: *See* Implementation of Sections 309(j) and 337 of the
    Communications Act of 1934 as Amended, *Report and Order and Further
    Notice of Proposed Rule Making,* WT Docket No. 99-87, 15 FCC Rcd
    22709, 22766-67 ¶¶ 124-26 (2000) (*BBA Report and Order*).

[^33]: *See* Implementation of Section 6002(b) of the Omnibus Budget
    Reconciliation Act of 2003, *Tenth Report*, WT Docket No. 05-71, 20
    FCC Rcd 15908, 15936-37 ¶ 73 (2005).

[^34]: *See* 47 C.F.R. § 90.621(e)(2), (f).

[^35]: *See generally* Promoting Efficient Use of Spectrum Through
    Elimination of Barriers to the Development of Secondary Markets,
    *Second Report and Order, Order on Reconsideration, and Second
    Further Notice of Proposed Rulemaking,* WT Docket No. 00-230, 19 FCC
    Rcd 17503 (2004).

[^36]: *See BBA Report and Order*, 15 FCC Rcd at 22767 ¶ 126 (concluding
    that the record did not demonstrate that abuse of multiple licensing
    was widespread enough to merit eliminating the rule).

[^37]: *See* H.R. Conf. Rep. No. 105-217, 105th Cong., 1st Sess. at 572
    (1997).

[^38]: *See*, *e.g.*, Improving Public Safety Communications in the 800
    MHz Band, *Supplemental Order and Order on Reconsideration*, WT
    Docket 02-55, 19 FCC Rcd 21520, 21523 n.7 (2004).

[^39]: *See* 47 C.F.R. § 90.20(a).

[^40]: *See*, *e.g.*, Amy Goldstein, *Strapped States Try New Route,
    Lease Toll Roads to Foreign Firms*, The Washington Post, June 14,
    2006, at A1.

[^41]: *See* 47 C.F.R. § 90.35(a)(1).

[^42]: *See*, *e.g.*, Letter dated Mar. 29, 2006 from Thomas F.
    Smaidris, Data Flow Systems, Inc. to Office of the Secretary,
    Federal Communications Commission (noting that many government
    entities are licensed in the 217-220 MHz band, which is designated
    for Industrial/Business use, *see* 47 C.F.R. § 90.259(a), and asking
    that the rule be amended to expressly permit licensing of public
    safety eligibles).

[^43]: *See* Petition for Rulemaking of the National Public Safety
    Telecommunications Council (filed August 23, 2006) (NPSTC Petition).

[^44]: *See* 47 C.F.R. § 90.35(c)(17).

[^45]: *See* NPSTC Petition at 5-6.

[^46]: *See* 47 C.F.R. §§ 22.371, 27.63, 73.1692.

[^47]: Under the Part 90 rules, trunked systems must meet certain
    monitoring requirements. The monitoring requirements, however, do
    not apply if certain conditions are met. *See* 47 C.F.R. §
    90.187(b), (c).

[^48]: *See* 1998 Biennial Regulatory Review \-- 47 C.F.R. Part 90 -
    Private Land Mobile Radio Services, *Report and Order and Further
    Notice of Proposed Rule Making*, WT Docket No. 98-182, 15 FCC Rcd
    16673, 16886 ¶ 26 (2000).

[^49]: In a "centralized trunked system," the base station controller
    provides dynamic channel assignments by automatically searching all
    channels in the system for and assigning to a user an open channel
    within that system. In a "decentralized trunked system," which is
    also a system of dynamic channel assignment, the system continually
    monitors the assigned channels for activity both within the trunked
    system and outside the trunked system, and transmits only when an
    open channel is found. A "hybrid trunked system" is one where at
    least one of the frequencies being trunked but not all the
    frequencies being trunked meet the criteria specified in 47 C.F.R. §
    90.187(b).

[^50]: Temporary stations may be located at unspecified locations within
    a general area. 47 C.F.R. § 90.137(a). If an FB8T base station is
    located near the edge of the area in which an FB8 licensee has
    exclusivity or consent, the FB8T station can extend the licensee's
    operations beyond the area in which FB8 licensee has exclusivity or
    consent, resulting in the licensee operating without monitoring in
    an area where it is required to do so.

[^51]: *See* Amendment of the Commission's Rules governing the Private
    Land Mobile Radio Service to provide a new Part 90 that reregulates
    and consolidates Parts 89, 91, and 93, *Report and Order,* Docket
    No. 21348, 69 F.C.C. 2d 1612 (1978).

[^52]: *See* Petition for Clarification or, in the Alternative, Petition
    for Rulemaking of M/A-COM, Inc. (filed July 22, 2005) (Petition);
    *see also* Amended Petition for Clarification or, in the
    Alternative, Petition for Rulemaking of M/A-COM, Inc. (filed Aug.
    23, 2005) (Amended Petition).

[^53]: *See* Petition at 1-2.

[^54]: *Id*. at 2-3.

[^55]: *Id*. at 3.

[^56]: *Id.* at 5.

[^57]: *See* 4.9 GHz Band Transferred from Federal Government Use,
    *Memorandum Opinion and Order and Third Report and Order*, 18 FCC
    Rcd 9152 (2003) (*4.9 GHz Third Report and Order*).

[^58]: *Id.* at 9165-66 ¶ 33.

[^59]: *Id.* at 9166 ¶ 34.

[^60]: *Id.*

[^61]: *See* 47 C.F.R. § 90.1207(c).

[^62]: *See* 47 C.F.R. § 90.1207(d).

[^63]: Petition at 5.

[^64]: *Id.* at 10-11.

[^65]: *Id*. at 5.

[^66]: The Commission addressed this issue in the *Third Report and
    Order* by limiting license availability, thereby reducing the
    possibility of interference to mission-critical operations. *See*
    *4.9 GHz Third Report and Order*, 18 FCC Rcd at 9160 ¶¶ 18-19.

[^67]: *Id.* at 9166 ¶ 33.

[^68]: *See* Petition at 11-12; *see also* Amended Petition at 11-12.

[^69]: *See* Modification of Parts 2 and 15 of the Commission's Rules
    for unlicensed devices and equipment approval, *Report and Order*,
    ET Docket No. 03-201, 19 FCC Rcd 13539 (2004).

[^70]: *Id*. at 13547 ¶ 34.

[^71]: *See* Amendment of Parts 2 and 95 of the Commission's Rules to
    Create a Wireless Medical Telemetry Service, *Report and Order*, ET
    Docket 99-255, 15 FCC Rcd 11206 (2000) (*WMTS Report and Order*).
    Medical telemetry equipment is used in health care facilities to
    transmit patient measurement data, such as pulse and respiration
    rates, to a nearby receiver. By permitting such remote monitoring of
    patients' vital signs, medical telemetry equipment provides
    significant benefits to patients in terms of mobility and comfort.

[^72]: Prior to the establishment of the WMTS, medical telemetry devices
    could be operated only on an unlicensed basis under Part 15 of the
    FCC's rules (on vacant VHF and UHF television channels) or on a
    secondary basis to PLMR operations under Part 90 (in the 450-470 MHz
    band). *See* 47 C.F.R. §§ 15.242, 90.238, 90.267. The Commission was
    concerned that recent regulatory developments -- the introduction of
    digital television service and the rechannelization of the 450-470
    MHz band would result in more intensive use of the spectrum by the
    services with primary status, subjecting wireless medical telemetry
    operations to greater interference and perhaps precluding such
    operations entirely in many instances. *See WMTS Report and Order*,
    15 FCC Rcd at 11206-08 ¶¶ 2-6.

[^73]: *See WMTS Report and Order*, 15 FCC Rcd at 11210 ¶ 11.

[^74]: *See* Amendments to Parts 1, 2, 27, and 90 of the Commission's
    Rules to License Services in the 216-220 MHz, 1390-1395 MHz,
    1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and
    2385-2390 MHz Government Transfer Bands, *Report and Order*, WT
    Docket No. 02-8, 17 FCC Rcd 9980, 9993-94 ¶¶ 25-26 (2003) (*27 MHz
    Report and Order*); *see also* Amendments to Parts 1, 2, 27, and 90
    of the Commission's Rules to License Services in the 216-220 MHz,
    1390-1395 MHz, 1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz,
    1670-1675 MHz, and 2385-2390 MHz Government Transfer Bands, *Notice
    of Proposed Rule Making*, WT Docket No. 02-8, 17 FCC Rcd 2500, 2522
    ¶ 51 (2002). The seven carve-out areas are Pittsburgh, Pennsylvania;
    Washington, D.C.; Richmond/Norfolk, Virginia; Austin/Georgetown,
    Texas; Battle Creek, Michigan; Detroit, Michigan; and Spokane,
    Washington. *27 MHz Report and Order* at 9993 n.78; *see* 47 C.F.R.
    § 90.259(b)(4).

[^75]: *See 27 MHz Report and Order*, 17 FCC Rcd at 10054-55 ¶ 204.

[^76]: *Id.* at 10018 ¶ 95.

[^77]: *I.e.*, those non-medical telemetry licensees that may have to
    modify their operations to avoid causing harmful interference to
    WMTS facilities. *See id.* at 10018-19 ¶ 96.

[^78]: *See* Amendments to Parts 1, 2, 27, and 90 of the Commission's
    Rules to License Services in the 216-220 MHz, 1390-1395 MHz,
    1427-1429 MHz, 1429-1432 MHz, 1432-1435 MHz, 1670-1675 MHz, and
    2385-2390 MHz Government Transfer Bands, *Memorandum Opinion and
    Order*, WT Docket No. 02-8, 18 FCC Rcd 16920, 16925 ¶ 11 (2003) (*27
    MHz MO&O*).

[^79]: *Id.*

[^80]: *See 27 MHz MO&O*, 18 FCC Rcd at 16925 ¶ 11.

[^81]: Letter dated Aug. 18, 2004 from Lawrence J. Movshin, Wilkinson
    Barker Knauer, LLP, counsel to ASHE, to Marlene H. Dortch,
    Secretary, Federal Communications Commission (ASHE Letter).

[^82]: This situation can occur near the border of a band-flip area.

[^83]: *I.e.*, not co-channel but within the 1427-1432 MHz band.

[^84]: *Id.* at Att. A 1-3. The plan does not mandate any coordination
    procedures when WMTS and non-medical telemetry operations are not
    co-channel and one service is primary to the other.

[^85]: 47 C.F.R. §§ 90.176(d), 95.1113(b)(5).

[^86]: ASHE Letter at 2, Atts. B, C. ASHE also proposes
    "non-substantive, clarifying, word changes" to Sections
    90.259(b)(4)(ii) and 95.1113(b)(1) and (6), 47 C.F.R. §§
    90.259(b)(4)(ii), 95.1113(b)(1), (6). *See* ASHE Letter at 2 n.4,
    Atts. B, C.

[^87]: ASHE Letter at 2.

[^88]: *See*, *e.g.*, The Wireless Telecommunications Bureau Extends the
    Freeze on High Power Use of the 460-470 MHz Band Offset Channels
    until December 31, 2005, *Public Notice*, 19 FCC Rcd 12414 (WTB
    PSCID 2004).

[^89]: For example, our rules require frequency coordinators to notify
    ASHE of new coordinations in the 1427-1432 MHz band within one
    business day, while the coordination plan requires such notice
    within twenty--four hours. *Compare* 47 C.F.R. § 90.176(d) *with*
    ASHE Letter at Att. A page 2.

[^90]: We do not believe that the proposal in the coordination plan for
    ASHE to notify Part 90 frequency coordinators of the deployment of
    WMTS equipment in the 1427-1432 MHz band conflicts with the
    requirement in our rules that ASHE notify affected licensees of
    deployment of WMTS equipment in the 1427-1432 MHz band. *Compare*
    ASHE Letter at Att. A page 2 *with* 47 C.F.R. § 95.1113(b)(5).
    Section 95.1113(b)(5) does not require that ASHE notify potentially
    affected licensees *directly*. Therefore, we believe that it is
    permissible under the current rule for ASHE to notify a licensee's
    frequency coordinator if the frequency coordinator relays the
    necessary information to the licensee.

[^91]: *See* Memorandum dated Feb. 22, 2005 from Henry Goldberg,
    Goldberg, Godles, Wiener & Wright, to John Muleta, Chief, Wireless
    Telecommunications Bureau.

[^92]: *See* Letter dated Jan. 24, 2006 from Jim Pakla and Jill Lyon,
    Co-Presidents, Land Mobile Communications Council, to Catherine
    Seidel, Acting Chief, Wireless Telecommunications Bureau.

[^93]: *See WMTS Report and Order*, 15 FCC Rcd at 11210 ¶ 11.

[^94]: Specifically, (1) in Section 90.5, delete "of this chapter" from
    paragraphs (b), (h), and (i) in order to conform them to the other
    paragraphs in the rule; (2) in Section 90.7, (i) correct "t" to "to"
    in the definition of *Frequency coordination*; (ii) replace "Minn."
    with "Minnesota" to be consistent with the treatment of other states
    set forth in that definition; (iii) eliminate the space between
    "southern" and "most," correct the spelling of "southward," and
    eliminate an extraneous ellipsis in the definition of *Line A*; (iv)
    hyphenate "non-voice" in the definitions of *Location and Monitoring
    Service* and *Telecommand*; (v) delete the definition of *Navigable
    waters*, because the term no longer appears in Part 90; (vi) replace
    "is" with "are" in the last sentence of the definition of *Telephone
    maintenance licensee*.

[^95]: Specifically, (1) in Section 90.20(d)(42), insert "La." after
    "New Orleans" to be consistent with the treatment of geographic
    locations in other paragraphs of the rule; (2) simplify the language
    in Section 90.20(d)(62); (3) correct the cross-references in Section
    90.20(d)(64); (4) correct typographical errors ("46.075") in the
    entries in the table in Section 90.20(d)(66)(i) for frequencies
    463.075 MHz and 468.075 MHz; (5) in Section 90.20(d)(79), insert
    "Calif." after "Los Angeles" to be consistent with the treatment of
    geographic locations in other paragraphs of the rule; (6) delete an
    extraneous "2006" in Section 90.20(d)(81); (7) in Section
    90.20(e)(3), replace \"to\" with hyphens in the frequency ranges to
    be consistent with the treatment of other frequency ranges in the
    rule; (8) in Section 90.20(e)(4), insert "Mich." after "Detroit,"
    "Ohio" after "Cleveland," and "N.Y." after "Buffalo" to be
    consistent with the treatment of geographic locations in other
    paragraphs of the rule; (9) in Section 90.20(g)(5)(iv), insert a
    space between "exact" and "ERP."

[^96]: Specifically, (1) in the table in Section 90.35(b)(3), (i)
    correct the permitted station class for frequency 33.12 MHz to
    indicate base stations only, rather than base and mobile, in order
    to reflect the limitation in Section 90.35(c)(11); (ii) delete the
    redundant entry for frequency 35.48 MHz; (iii) correct a
    typographical error ("l33" instead of "33") in the entries for
    frequencies 158.1225 MHz and 451.01875 MHz; (iv) correct the
    permitted station class for frequencies 173.250 MHz, 173.300 MHz,
    173.350 MHz, and 220-222 MHz from "Base or Mobile" or "Base and
    mobile" to "Base or mobile" to conform to the rest of the table; (v)
    replace obsolete references in the entry for frequency 462.9375 MHz
    to Sections 90.35(c)(67) and (86) with a reference to Section
    90.35(c)(88); (2) remove extraneous punctuation and capitalization
    from Section 90.35(c)(14); (3) remove redundant verbiage from
    Sections 90.35(c)(20) and (21); (4) renumber the paragraph after
    Section 90.35(c)(88) as (89) instead of (82), and revise the
    cross-references in the table in Section 90.35(b)(3) accordingly;
    (5) remove extraneous verbiage from Sections 90.35(d)(2) and (e)(4);
    (6) in Section 90.35(g), insert a space between "service" and "to,"
    and hyphenate "noninterference."

[^97]: Specifically, in Section 90.103, (1) remove the obsolete
    paragraph (c)(7), (2) correct typographical errors in paragraphs
    (c)(2) (replace "lands" with "land") and (6) (replace "of" with
    "or"), and (3) revise the cross-references in paragraph (c)(21).

[^98]: Specifically, (1) clarify the cross-reference in Section
    90.129(i); (2) remove unnecessary verbiage from Section 90.138; (3)
    in Section 90.157, change "station license" to "authorization" to
    conform with Section 90.255.

[^99]: Specifically, (1) insert a space between "after" and "December"
    in Section 90.203(n); (2) correct a typographical error (change "an"
    to "and") in Section 90.207(b); (3) in Section 90.209(b)(5), correct
    several typographical errors in the table and insert a missing
    cross-reference; (4) correct a typographical error ("50" instead of
    "40") in Section 90.210(l)(6); (5) in Section 90.212(c), revise the
    cross-reference to reflect that the referenced paragraph has been
    renumbered as Section 90.207(l); (6) in Section 90.219(c), revise
    the cross-reference to reflect that the referenced information is
    now found in Section 90.210.

[^100]: Specifically, (1) in Section 90.233(c), spell out "automatic
    vehicle monitoring systems" in lieu of the abbreviation AVM; (2) in
    Section 90.235(e), replace \"two\" and \"three\" in the last
    sentence with numerals to conform with the usage in the rest of the
    paragraph; (3) in Section 90.235(l), remove the cross-reference to a
    rule (Section 90.731) that was removed in 1997; (4) in Section
    90.237(a), add a missing word and letters; (5) revise the
    cross-references in Section 90.237(g) to reflect that the referenced
    rules have been renumbered; (6) in Section 90.241(a), correct "or"
    to read "of"; (7) in Section 90.242, correct paragraph (a)(3) to
    replace "bands" with "band," and replace references to "Travelers
    Information Stations" to read "Travelers' Information Stations"; (8)
    in Section 90.250, remove extraneous information in paragraph (f)
    and revise the reference in paragraph (i) to refer to Form 601.

[^101]: Specifically, (1) remove extraneous punctuation from the table
    in Section 90.257(a)(1); (2) insert an omitted word ("operations")
    in Section 90.259(a)(5); (3) insert the effective date in Section
    90.261(c); (4) in Section 90.263, correct the reference to the
    Radiolocation Service; (5) conform Section 90.265(h) to Section
    90.266(h) by revising "420 minutes" to read "seven hours."

[^102]: Specifically, (1) correct a typographical error ("Banks" for
    "Bands") in the table in Section 90.303(b); (2) insert a missing
    reference and make various punctuation corrections in Section
    90.307; (3) correct various typographical errors in Section
    90.309(a)(4) and (5); (4) delete unnecessary language from Section
    90.315(g), and insert "MHz" at the end of Section 90.315(j).

[^103]: Specifically, (1) in Section 90.353(e), spell out "automatic
    vehicle monitoring systems" in lieu of the abbreviation AVM, and
    correct the cross-reference in Section 90.353(f); (2) correct the
    cross-reference in Section 90.357(a), and correct "on" to "in"; (3)
    in Section 90.377, spell out "On-Board Unit" in lieu of the
    abbreviation OBU.

[^104]: Specifically, (1) correct the cross-reference in Section
    90.419(f); (2) correct typographical errors and otherwise streamline
    Section 90.425(a)(4)(iii), (a)(5), and (c)(2).

[^105]: Specifically, (1) add missing punctuation to Section 90.465(b)
    and (c); (2) correct typographical errors in Section
    90.483(b)(1)(ii), (b)(2)(i), and (b)(2)(ii).

[^106]: *See* 5 U.S.C. § 553(b)(B).

[^107]: The RFA, *see* 5 U.S.C. §§ 601-612, was amended by the Small
    Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub.
    L. No. 104-121, Title II, 110 Stat. 857 (1996).

[^108]: 5 U.S.C. § 605(b).

[^109]: 5 U.S.C. § 603.

[^110]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. §§ 601-612, was
    amended by the Contract with America Advancement Act of 1996, Pub.
    L. No. 104-121, 110 Stat. 847 (1996) (CWAA). Title II of the CWAA is
    the Small Business Regulatory Enforcement Fairness Act of 1996
    (SBREFA).

[^111]: *Id*. § 603(a).

[^112]: *See id*.

[^113]: *See* 5 U.S.C. § 601(6).

[^114]: *See* 5 U.S.C. § 601(3) (incorporating by reference the
    definition of "small business concern" in 15 U.S.C. § 632). Pursuant
    to the RFA, the statutory definition of a small business applies
    unless an agency, after consultation with the Office of Advocacy of
    the Small Business Administration and after opportunity for public
    comment, establishes one or more definitions which are appropriate
    to the activities of the agency and publishes such definition(s) in
    the Federal Register.

[^115]: *See* Small Business Act, 5 U.S.C. § 632 (1996).

[^116]: *See* 5 U.S.C. § 601(4).

[^117]: *See* SBA, Programs and Services, SBA Pamphlet No. CO-0028, at
    page 40 (July 2002).

[^118]: *See* 5 U.S.C. § 601(4).

[^119]: Independent Sector, The New Nonprofit Almanac & Desk Reference
    (2002).

[^120]: *See* 5 U.S.C. § 601(5).

[^121]: U.S. Census Bureau, Statistical Abstract of the United States:
    2006, Section 8, page 272, Table 415.

[^122]: We assume that the villages, school districts, and special
    districts are small, and total 48,558. *See* U.S. Census Bureau,
    Statistical Abstract of the United States: 2006, section 8, page
    273, Table 417. For 2002, Census Bureau data indicate that the total
    number of county, municipal, and township governments nationwide was
    38,967, of which 35,819 were small. *Id.*

[^123]: *See* subparts A and B of Part 90 of the Commission\'s Rules, 47
    C.F.R. §§ 90.1-90.22. Police licensees include 26,608 licensees that
    serve state, county, and municipal enforcement through telephony
    (voice), telegraphy (code), and teletype and facsimile (printed
    material). Fire licensees include 22,677 licensees comprised of
    private volunteer or professional fire companies, as well as units
    under governmental control. Public Safety Radio Pool licensees also
    include 40,512 licensees that are state, county, or municipal
    entities that use radio for official purposes. There are also 7,325
    forestry service licensees comprised of licensees from state
    departments of conservation and private forest organizations that
    set up communications networks among fire lookout towers and ground
    crews. The 9,480 state and local governments are highway maintenance
    licensees that provide emergency and routine communications to aid
    other public safety services to keep main roads safe for vehicular
    traffic. Emergency medical licensees (1,460) use these channels for
    emergency medical service communications related to the delivery of
    emergency medical treatment. Another 19,478 licensees include
    medical services, rescue organizations, veterinarians, persons with
    disabilities, disaster relief organizations, school buses, beach
    patrols, establishments in isolated areas, communications standby
    facilities, and emergency repair of public communications
    facilities.

[^124]: *See* 13 C.F.R. § 121.201, NAICS code 517212.

[^125]: There is no information currently available about the number
    within the 127,540 that have less than 1500 employees.

[^126]: *See* 13 C.F.R. § 121.201, NAICS code 517212.

[^127]: *See* 13 C.F.R. § 121.201, NAICS code 517212.

[^128]: *See* Federal Communications Commission, 60th Annual Report,
    Fiscal Year 1994 at 120-121.

[^129]: *See* 13 C.F.R. § 121.201, NAICS code 517211.

[^130]: *See* 13 C.F.R. § 121.201, NAICS code 517212.

[^131]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517211 (issued Nov. 2005).

[^132]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^133]: U.S. Census Bureau, 2002 Economic Census, Subject Series:
    Information, "Establishment and Firm Size (Including Legal Form of
    Organization," Table 5, NAICS code 517212 (issued Nov. 2005).

[^134]: *Id.* The census data do not provide a more precise estimate of
    the number of firms that have employment of 1,500 or fewer
    employees; the largest category provided is for firms with "1000
    employees or more."

[^135]: U.S. Census Bureau, 2002 NAICS Definitions, "334220 Radio and
    Television Broadcasting and Wireless Communications Equipment
    Manufacturing";
    <http://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342>.

[^136]: *See* 13 C.F.R. § 121.201, NAICS code 334220.

[^137]: U.S. Census Bureau, American FactFinder, 2002 Economic Census,
    Industry Series, Industry Statistics by Employment Size, NAICS code
    334220 (released May 26, 2005);
    [http://factfinder.census.gov](http://factfinder.census.gov/). The
    number of "establishments" is a less helpful indicator of small
    business prevalence in this context than would be the number of
    "firms" or "companies," because the latter take into account the
    concept of common ownership or control. Any single physical location
    for an entity is an establishment, even though that location may be
    owned by a different establishment. Thus, the numbers given may
    reflect inflated numbers of businesses in this category, including
    the numbers of small businesses. In this category, the Census
    breaks-out data for firms or companies only to give the total number
    of such entities for 2002, which was 929.

[^138]: *Id*. An additional 18 establishments had employment of 1,000 or
    more.

[^139]: U.S. Census Bureau, 2002 NAICS Definitions, "622110 General
    Medical and Surgical Hospitals";
    <http://www.census.gov/epcd/naics02/def/ND622110.HTM#N622110>.

[^140]: *See* 13 C.F.R. § 121.201, NAICS code 622110.

[^141]: U.S. Census Bureau, 2002 Economic Census, Subject Series: Health
    Care and Social Assistance, "Establishment and Firm Size (Including
    Legal Form of Organization," Table 4, NAICS code 622110 (issued Nov.
    2005).

[^142]: *Id.* An additional 1416 firms had revenues of over \$50
    million.

[^143]: U.S. Census Bureau, 2002 NAICS Definitions, "623110 Nursing Care
    Facilities";
    <http://www.census.gov/epcd/naics02/def/ND623110.HTM#N623110>.

[^144]: *See* 13 C.F.R. § 121.201, NAICS code 623110.

[^145]: U.S. Census Bureau, 2002 Economic Census, Subject Series: Health
    Care and Social Assistance, "Establishment and Firm Size (Including
    Legal Form of Organization," Table 4, NAICS code 623110 (issued Nov.
    2005).

[^146]: *Id.* An additional 361 firms had revenues of over \$25 million.

[^147]: U.S. Census Bureau, 2002 NAICS Definitions, "623990 Other
    Residential Care Facilities";
    <http://www.census.gov/epcd/naics02/def/ND623990.HTM#N623990>.

[^148]: *See* 13 C.F.R. § 121.201, NAICS code 623990.

[^149]: U.S. Census Bureau, 2002 Economic Census, Subject Series: Health
    Care and Social Assistance, "Establishment and Firm Size (Including
    Legal Form of Organization," Table 4, NAICS code 623990 (issued Nov.
    2005).

[^150]: *Id.* An additional 155 firms had revenues of over \$10 million.

[^151]: *See* 13 CFR § 121.201, NAICS code 517212.

[^152]: Amendment of the Commission's Rules Concerning Maritime
    Communications, *Third Report and Order and Memorandum Opinion and
    Order*, 13 FCC Rcd 19853 (1998).

[^153]: *See* 5 U.S.C. § 603(c).