Before the

**Federal Communications Commission**

**Washington, D.C. 20554\
**

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| In the Matter of                 | * | WT Docket No. 01-146         |
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| Amendment of Part 90 of the      | ) | RM-9966                      |
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**REPORT AND ORDER**

**Adopted: February 14, 2003 Released: March 11, 2003**

By the Commission:

Table of Contents

Heading Paragraph

I. introduction 1

II\. EXECUTIVE SUMMARY 3

III\. background 4

IV\. DISCUSSION 8

A. Power Limitations (ERP vs. TPO) 9

1\. Mobile Units 10

2\. Base/Fixed Stations (20 Watts) 15

B. Site Coordinates for Fixed Operations 16

C. Low Power Pool (450-470 MHz Band) 19

1\. Group A 21

2\. Group B 42

3\. Group C 55

4\. Group D 65

5\. Low Power Public Safety Pool 71

6\. Miscellaneous Matters 74

V. CONCLUSION 82

VI\. procedural matters 83

A. Final Regulatory Flexibility Analysis 83

B. Paperwork Reduction Act Analysis. 84

C. Alternative Formats 85

D. Contact for Information 86

VII.Ordering clauses 87

APPENDIX A Final Regulatory Flexibility Analysis

APPENDIX B Final Rules

APPENDIX C List of Commenters

# introduction

1.  On July 24, 2001, the Commission released a *Notice of Proposed Rule
    Making (NPRM)*, seeking comment on proposed revisions to the
    Commission's rules and policies for low power, *i.e.*, two watt
    operations in the 450-470 MHz band.[^1] The *NPRM* was issued in
    response to a petition for rulemaking filed on September 11, 2000,
    by the Land Mobile Communications Council (LMCC).[^2] Generally, the
    *NPRM*, which considered adopting the LMCC's recommendations,
    proposed to create five groups of channels for licensed operations,
    to accommodate the varying needs of low power users. The *NPRM*
    further proposed power increases for certain frequencies, and the
    establishment of a band for non-coordinated itinerant services.

2.  This *Report and Order* implements many of the proposals set forth
    in the *NPRM* and other changes related to low power operations in
    the private land mobile radio (PLMR) 450-470 MHz band. A summary of
    the approach adopted may be viewed in the chart entitled "The Low
    Power Pool \[450-470 MHz\]" accompanying paragraph 19, *infra.*

# EXECUTIVE SUMMARY

3.  In this *Report and Order*, we:

-   Designate forty-nine 12.5 kHz 450-470 MHz Industrial/Business
    channel pairs and one unpaired frequency for low power coordinated
    use. Thirty-nine of the channel pairs and the unpaired frequency
    will be available for full power at least 50 miles outside of the
    top 100 urban areas. These channels will be referred to as "Group
    A."

-   Raise power limits for base/fixed operations on the Group A channels
    to 20 watts effective radiated power.

-   Designate ten 12.5 kHz 450-470 MHz channel pairs for low power
    non-voice coordinated use nationwide, with voice operations allowed
    on a secondary basis. These channels will be referred to as "Group
    B."

-   Designate twenty-one 12.5 kHz 450-470 MHz channel pairs and four
    unpaired frequencies for low power non-coordinated use nationwide.
    These channels will be referred to as "Group C." Although the
    majority of these channels are immediately available, ten Group C
    frequencies will become available only after completion of the
    medical telemetry migration deadline.[^3]

-   Convert power limits for mobile operations on the Group A, B and C
    frequencies to 6 watts effective radiated power.

-   Designate five 12.5 kHz 450-470 MHz channel pairs for low power
    coordinated use, reserved for central station alarm operations, as
    under current rules. These channels will be referred to as "Group
    D."

-   Designate fourteen 12.5 kHz channels pairs for low power use in the
    Public Safety Pool. These channels will be referred to as the
    "Public Safety Group."

-   Grandfather high power operations currently licensed on the low
    power channels.

    We believe that the plan we adopt today will accommodate a broad
    range of potential low power users while maximizing efficient and
    flexible use of the band.

# background

4.  The Commission has permitted PLMR users in the 450-470 MHz band to
    be licensed for low power operations---on frequencies 12.5 kHz
    offset from regularly assignable 25 kHz frequencies (often referred
    to as "offset channels")---for almost thirty years.[^4] During this
    time, these offset channels have been extensively used for
    industrial/business communication that can be accomplished using low
    power transmissions. Such operations include medical telemetry,
    remote operation of heavy machinery, meter reading, wireless data
    communication, and alarm messaging.[^5] However, in 1995 the
    Commission adopted a new band plan which converted the 12.5 kHz
    offset channels into regularly assignable PLMR channels for high
    power operations on a primary basis.[^6] The Commission's goal in
    making this conversion was to promote spectral efficiency in the
    PLMR band.

5.  Nonetheless, the Commission has continued to recognize a need for
    low power operations, and in adopting the 1995 plan, it provided
    Part 90 frequency coordinators with the authority to identify and
    reserve specific 12.5 kHz channels for low power use.[^7] In light
    of their displacement by high power operations, the Commission gave
    existing low power licensees the option of increasing power on their
    licensed channel, unless the Commission-certified PLMR frequency
    coordinators designated such channel for low power use.[^8] The
    Commission also decided that low power licensees that elected to
    remain on, or move to, a coordinator-designated low power channel
    would be elevated to primary status upon providing their station
    coordinates to the Commission.[^9] Before the 1995 band plan rules
    implementation took effect, however, the Commission granted a
    request to cease or "freeze" the acceptance of high power
    applications for the former 12.5 kHz offset channels.[^10] The
    Commission adopted the freeze in order to prevent high power
    applicants from interfering with existing low power operations until
    the frequency coordinators had developed a low power channel
    plan.[^11]

6.  In March 1997, the Commission consolidated the twenty PLMR services
    below 512 MHz, including the low power channels, into two pools--a
    Public Safety Pool and an Industrial/Business Pool.[^12] The
    Commission confirmed the importance of low power channels and
    charged the frequency coordinators with development of a consensus
    plan that would identify specific frequencies for low power
    operations in the two pools.[^13] In response, the LMCC filed a Low
    Power Consensus Plan in June 1997[^14] that identified specific
    frequencies for low power use. However, the plan proposed several
    provisions that could not be implemented without changes to the
    Commission's Rules. In August 1997, the LMCC refiled a portion of
    the Consensus Plan that did not require rule changes.[^15] This
    revised "Low Power Plan" listed ninety Industrial/Business Pool
    channel pairs and fourteen Public Safety Pool channel pairs to be
    designated for low power use. The Commission, however, deferred a
    decision on acceptance of the Low Power Plan until it resolved the
    issue of possible interference to medical telemetry devices using
    these frequencies.[^16]

7.  On June 8, 2000, the Commission adopted a *Report and Order,*
    establishing the Wireless Medical Telemetry Service (WMTS) and
    allocating fourteen megahertz of spectrum in the 608-614 MHz,
    1395-1400 MHz and 1427-1429.5 MHz bands for medical telemetry
    use.[^17] The Commission's goal in that proceeding was to provide
    spectrum in which medical telemetry equipment can operate without
    interference, and to encourage medical telemetry users to eventually
    migrate out of the current bands, including the 450-470 MHz
    band.[^18] On June 29, 2000, the Wireless Telecommunications Bureau
    (WTB) announced the acceptance of the LMCC's Low Power Plan, which
    did not require rule changes.[^19] Thereafter, the LMCC filed a
    Petition for Rule Making, seeking certain revisions to the
    Commission's rules that were necessary for the adoption of its
    Consensus Plan. In response to the LMCC's request, the Commission
    released the *NPRM* in this proceeding*,* seeking comment on the
    LMCC's proposed revisions.

# DISCUSSION

8.  Section 90.267 of the Commission's Rules provides that any regularly
    assignable channel in the 450-470 MHz PLMR band may be designated by
    the frequency coordinators as a low power channel in a defined
    geographic area.[^20] Low power stations authorized under this
    Section are limited to two (2) watts output power.[^21] The Low
    Power Plan submitted by the coordinators and accepted by WTB
    designated 104 "12.5 kHz offset" channel pairs (hereinafter "channel
    pairs") for low power operation nationwide--ninety in the
    Industrial/Business Pool and fourteen in the Public Safety
    Pool.[^22] Additionally, the LMCC designated the 6.25 kHz "drop in"
    channels directly adjacent to each designated 12.5 kHz channel.[^23]
    In the *NPRM*, the Commission tentatively concluded that a wide
    variety of low power operations deployed in the PLMR community
    require rules that permit different types of operations on the low
    power channels.[^24] Hence, the Commission proposed the division of
    the 104 channel pairs into groups with different technical and
    coordination requirements.[^25]

## Power Limitations (ERP vs. TPO)

9.  Section 90.267 of the Commission's Rules limits the maximum power of
    low power stations to 2 watts transmitter output power (TPO).[^26]
    In the *NPRM,* the Commission proposed to retain the current TPO
    standard for Industrial/Business and Public Safety mobile units, and
    to convert the power limitation for certain base/fixed units from
    TPO to effective radiated power (ERP).[^27] However, for the reasons
    discussed below, we shall employ the ERP standard for
    Industrial/Business Groups A, B and C, and the Public Safety Group.
    Because we believe that Group D presents unique circumstances
    justifying a different standard, we will continue to employ the TPO
    standard thereon.

### Mobile Units

10. In the *NPRM,* the Commission expressed concern that a conversion
    from TPO to ERP could render many existing mobile units
    non-compliant.[^28] While some commenters concurred with the
    Commission's proposal,[^29] the LMCC and the Personal Communications
    Industry Association disagreed, asserting that the continued use of
    TPO as a measurement of maximum power would significantly limit the
    availability of spectrum, decrease the effectiveness of the
    frequency coordination process, and lead to mis-utilization of the
    band.[^30]

11. *Industrial/Business Mobile Units.* As an alternative, the LMCC
    proposes to limit the maximum power of Industrial/Business mobile
    units in terms of both 5 watts TPO and 6 watts ERP.[^31] The LMCC
    maintains that this dual rule will permit each user to decide
    whether the user wishes to meet the maximum power limitation through
    the use of higher gain antennas for higher power radios, while at
    the same time maintaining the integrity and purpose of the
    allocation.[^32] PCIA agrees, asserting that this approach would
    yield greater flexibility by allowing decisions to be based on
    specific needs and individual entities' available resources.[^33]

12. We believe, however, that the dual rule proposed by the LMCC may
    lead to confusion as to the applicability of a particular standard,
    and would serve no meaningful purpose. TPO simply describes the
    transmitter power without factoring other components of a radio
    system, such as the antenna and any cables used to connect the
    transmitter thereto. In contrast, ERP describes the power of the
    entire radio system by measuring the TPO plus the antenna gain minus
    any loss factors. Therefore, if power limits are set in terms of
    ERP, setting an additional TPO limit serves no meaningful purpose.
    For example, if a mobile unit is limited to 6 watts ERP, we would
    not be concerned about the TPO used to achieve this 6 watt ERP
    limit. Accordingly, we conclude that power limits should be
    described in terms of either TPO or ERP, not both.

13. The question then turns to which standard, TPO or ERP, is the most
    appropriate for the instant service. As stated above, in the *NPRM*,
    the Commission initially proposed to retain power limits in terms of
    TPO because it believed that TPO was more practical for this
    service, and a conversion to ERP would adversely impact mobile units
    already in service.[^34] However, after reviewing the comments on
    this issue and upon further consideration, we conclude that power
    limits for Industrial/Business mobile units should be expressed in
    terms of ERP for Groups A, B and C.[^35] We note that the Commission
    generally favors ERP limits over TPO limits because, as described
    above, ERP more accurately defines the actual operating power of the
    radio.[^36] Further, we are no longer concerned that a change in the
    policy from TPO to ERP for mobile units would render incumbent users
    non-compliant since, as the LMCC points out, in most cases, 6 watts
    ERP will be the maximum achievable ERP with a mobile unit operating
    at 2 watt TPO.[^37] Consequently, we believe that changing the
    limitation from 2 watts TPO to 6 watts ERP for mobile units will
    essentially be a conversion from TPO to ERP without actually
    decreasing or increasing the current limitation. In addition, we
    agree with commenters that ERP calculations for mobile units will
    enhance the effectiveness of the frequency coordination process,
    thereby increasing the availability of spectrum.[^38] Furthermore,
    ERP is more suitable for a coordinated/licensed service such as the
    low power service at issue herein.[^39] Accordingly, we will utilize
    ERP limits for Industrial/Business mobile units in Groups A, B and
    C.

14. *Public Safety Mobile Units.* Although the LMCC supports retaining
    TPO as the standard for limiting Public Safety mobile units,[^40]
    after reviewing the comments and upon further reflection, we now
    decide to employ the ERP standard for Public Safety mobile units. As
    we noted above, the Commission has stated a general preference for
    the ERP standard. We also note that the rationale for utilizing the
    ERP standard for Industrial/Business mobile units is likewise
    applicable to Public Safety units. Accordingly, we will likewise
    utilize ERP limits for Public Safety mobile units.

### Base/Fixed Stations (20 Watts)

15. In the *NPRM*, the Commission discussed the possibility of raising
    the power limits for certain base/fixed stations to a "slightly"
    higher level of 20 watts.[^41] The Commission tentatively concluded
    that if the power level is raised for certain base/fixed stations,
    such stations should be limited in terms of ERP rather than
    TPO.[^42] The Commission indicated that a conversion to ERP for
    these "slightly" higher power base/fixed stations did not raise the
    same concerns as a conversion for mobile units.[^43] In addition,
    the Commission expressed concern that a 20-watt TPO limit for
    base/fixed stations would be inappropriate for \"low power
    channels\" because significantly higher-gain antennas can be
    installed for base/fixed operations. Commenters who discussed this
    issue agreed with the Commission's tentative conclusion.[^44]
    Accordingly, we conclude that power limits for base/fixed stations
    will be established in terms of ERP.

## Site Coordinates for Fixed Operations

16. In the *NPRM,* the Commission noted that it had eliminated the
    requirement that stations on designated low power channels in the
    450-470 MHz band be licensed only as mobiles.[^45] Therefore, the
    Commission clarified that low power operations may, but are not
    required to, supply their station coordinates and be licensed on a
    site-specific basis.[^46] The Commission sought comment on its
    tentative conclusion.[^47]

17. In its comments, the LMCC proposes to require applicants for low
    power fixed operations to specify a set of coordinates for the
    location thereof. LMCC asserts that such information is crucial to
    proper frequency coordination and interference reduction.[^48]
    Nonetheless, LMCC's proposal would continue to exempt central
    station alarm (CSA) licensees, noting that because such entities
    operate numerous fixed sites throughout their service area,
    providing coordinates for every fixed site would be an
    administrative burden and could compromise the safety of protected
    premises.[^49] We agree that coordinate data for fixed stations aid
    the frequency coordination process. However, we believe that an
    exemption from the requirement to provide the coordinates of every
    fixed station should not be limited to CSA licensees. That is, we
    believe that other licensees with infrastructure similar to that of
    CSA licensees would be similarly burdened and should likewise be
    exempt from providing coordinates for every fixed site. Therefore,
    we will continue to allow low power licensees to license multiple
    fixed sites as mobile units, provided that they supply areas of
    operation for these multiple fixed sites. In view of LMCC's
    statement that site coordinates enhance the frequency coordination
    process, we will continue to allow licensees who would like
    coordinators to consider their fixed operations in recommending
    frequencies for other applicants to provide such coordinates.

18. In a related matter, we note that in the past, CSA licensees have
    expressed concern that designating their operations as fixed would
    subordinate their status relative to land mobile operations.[^50]
    This concern is apparently based on the language of Section
    90.261(a) of our rules, which states that "\[f\]requencies in the
    450-470 MHz band as listed in § 90.20(c)(3) and § 90.35(b)(3) may be
    assigned to all eligibles for fixed use on a secondary basis to land
    mobile operations."[^51] However, the Commission has clarified that
    Section 90.261 is distinct from Section 90.267, which allows fixed
    operations in the 450-470 MHz band at power substantially greater
    than two watts under certain conditions.[^52] The Commission has
    further indicated that stations operating pursuant to Section 90.267
    are not subject to the conditions specified under Section 90.261 and
    vice-versa.[^53] Therefore, we take this opportunity to clarify that
    unless otherwise specified, fixed stations operating on the low
    power frequencies discussed herein are co-primary to land mobile
    operations.

## Low Power Pool (450-470 MHz Band)

19. To address the diversity of low power operations, in the *NPRM* the
    Commission tentatively agreed with the LMCC's proposal to divide the
    designated low power channel pairs into five groups.[^54] The
    following chart summarizes the approach we adopt herein for the low
    power channels in the 450-470 MHz band.

The Low Power Pool (450-470 MHz)

+-----------+-------------+-------------------------------------------+
| **[Low    | *           | **[Notes / Limitations]{.smallcaps}**     |
| Power     | *[Frequency |                                           |
| Chann     | Coord       |                                           |
| els]{.sma | ination]{.s |                                           |
| llcaps}** | mallcaps}** |                                           |
+-----------+-------------+-------------------------------------------+
| **Group   | Yes         | > **Voice or non-voice channels**         |
| A**       |             | >                                         |
|           |             | > [39 of 49 channels and unpaired         |
| 49 --     |             | > frequency]{.underline} (A1)             |
| 12.5 kHz  |             | >                                         |
| channel   |             | > Within 50-miles of top 100 urban areas  |
| pairs and |             |                                           |
| 1         |             | -   20 watts ERP for base/fixed stations  |
| unpaired  |             |                                           |
| frequency |             | -   6 watts ERP for mobiles               |
|           |             |                                           |
|           |             | -   2 watts ERP for portables             |
|           |             |                                           |
|           |             | > Outside 50-miles of top 100 urban areas |
|           |             | >                                         |
|           |             | > channels available for full power       |
|           |             | > operations, *i.e.,* maximum of 500      |
|           |             | > watts ERP                               |
|           |             | >                                         |
|           |             | > [10 of 49 channels]{.underline} (A2)    |
|           |             | >                                         |
|           |             | > Available nationwide                    |
|           |             |                                           |
|           |             | -   20 watts ERP for base/fixed station   |
|           |             |                                           |
|           |             | -   6 watts ERP for mobiles               |
|           |             |                                           |
|           |             | -   2 watts ERP for portables             |
+-----------+-------------+-------------------------------------------+
| **Group   | Yes         | **Non-voice "data" channels**             |
| B**       |             |                                           |
|           |             | > Available nationwide (not just top 100  |
| 10 --     |             | > urban areas)                            |
| 12.5 kHz  |             |                                           |
| channel   |             | -   6 watts ERP base/fixed or mobile      |
| pairs     |             |                                           |
|           |             | -   2 watts ERP portable                  |
|           |             |                                           |
|           |             | -   voice operations allowed only on a    |
|           |             |     secondary, non-interference basis     |
+-----------+-------------+-------------------------------------------+
| **Group   | No          | **Itinerant use channels (voice or        |
| C**       |             | non-voice)**                              |
|           |             |                                           |
| 21 --     |             | > Available nationwide (not just top 100  |
| 12.5 kHz  |             | > urban areas)                            |
| channel   |             |                                           |
| pairs and |             | -   6 watts ERP mobile                    |
| 4         |             |                                           |
| unpaired  |             | -   2 watts ERP portable                  |
| fr        |             |                                           |
| equencies |             |                                           |
+-----------+-------------+-------------------------------------------+
| **Group   | Yes         | **Central station alarm** channels [as    |
| D**       |             | under current rules]{.underline}          |
|           |             |                                           |
| 5 -- 12.5 |             | > [3 of 5 channels]{.underline}           |
| kHz       |             |                                           |
| channel   |             | -   Within urban areas defined under      |
| pairs     |             |     current rule available only for       |
|           |             |     central station alarm (CSA)           |
|           |             |                                           |
|           |             | ```{=html}                                |
|           |             | <!-- -->                                  |
|           |             | ```                                       |
|           |             | -   2 watts TPO base/fixed or mobile      |
|           |             |                                           |
|           |             | ```{=html}                                |
|           |             | <!-- -->                                  |
|           |             | ```                                       |
|           |             | -   Outside urban areas defined under     |
|           |             |     current rule available for all        |
|           |             |     Industrial/Business Pool eligibles    |
|           |             |                                           |
|           |             | ```{=html}                                |
|           |             | <!-- -->                                  |
|           |             | ```                                       |
|           |             | -   2 watts TPO base/fixed or mobile      |
|           |             |                                           |
|           |             | > [2 of 5 channels]{.underline}           |
|           |             |                                           |
|           |             | -   Nationwide available only for CSA     |
|           |             |                                           |
|           |             | ```{=html}                                |
|           |             | <!-- -->                                  |
|           |             | ```                                       |
|           |             | -   2 watts TPO base/fixed or mobile      |
+-----------+-------------+-------------------------------------------+
| **Public  | Yes         | **Public Safety Use**                     |
| Safety    |             |                                           |
| Group**   |             | -   Available nationwide (not just top    |
|           |             |     100 urban areas)                      |
| 14 --     |             |                                           |
| 12.5 kHz  |             | ```{=html}                                |
| channel   |             | <!-- -->                                  |
| pairs     |             | ```                                       |
|           |             | -   6 watts ERP base/fixed or mobile      |
|           |             |                                           |
|           |             | -   2 watts ERP portable                  |
+-----------+-------------+-------------------------------------------+

20. Each group of frequencies is intended for a different market. For
    example, the Group A frequencies will be utilized by low power users
    who need a certain degree of protection, such as campuses and
    manufacturing plants.[^55] Group B is directed towards utilizers of
    wireless non-voice communications for remote control of devices,
    such as robots and cranes.[^56] Group C is targeted for small
    businesses, such as plumbers and electricians, who need on-site
    communications on an itinerant basis.[^57] Finally, the Group D
    channels remain for central station alarm operations. In the
    following sections, we describe in detail the rules that will apply
    to each group.

### Group A

21. In the *NPRM,* the Commission sought comment on whether to create a
    set of fifty low power channels for coordinated use, labeled as
    "Group A."[^58] Ten of the fifty channels would be available
    nationwide for low power operation, while forty of the fifty
    channels would be available for low power operation in locations
    within 80 km (50 mi.) of the top 100 urban areas.[^59] Outside of
    these 100 areas, the forty channels would be available for full
    power operation.[^60] In considering this proposal, the Commission
    noted that an amendment to Section 90.267 allowing full power
    operations on forty channels outside the top 100 urban areas would
    remove the forty channels from the low power Industrial/Business
    Pool.[^61]

22. *Dockside channels.* The Commission noted in the *NPRM* that one of
    the proposed frequencies for Group A, 457.5375 MHz, is reserved for
    cargo operations near docks.[^62] Because maximum power for 457.5375
    MHz is limited to 2 watts TPO,[^63] and operation thereon must be
    licensed as mobile, commenters were asked to address whether
    457.5375 MHz should be exchanged for an alternate frequency.[^64]
    Agreeing with the LMCC's proposal that the limits on this frequency
    prevent its use as a Group A channel, commenters stated that it
    should be dropped therefrom.[^65] Furthermore, commenters expressed
    no interest in its substitution with another frequency, noting that
    any such substitute frequency would necessarily originate from
    outside the low power pool, thereby leading to additional cases of
    high power systems on low power frequencies.[^66] Therefore,
    frequency 457.5375 MHz will be removed from the Group A
    frequencies.[^67] Consequently, frequency 452.5375 MHz will be an
    unpaired frequency in Group A.[^68]

23. *Power/Antenna Height Limits.* The *NPRM* sought comment on power
    and antenna height limits for Group A.[^69] As discussed above, the
    Commission specifically requested comment on raising the power
    limits for fixed/base stations from 2 watts TPO to 20 watts ERP, and
    limiting the antenna height to 23 meters (m) (75 feet (ft)) above
    ground level.[^70] The Commission further sought comment on LMCC's
    proposal to convert the current limit of 2 watts TPO to 5 watts ERP
    for mobile/portable operation.[^71] We note that LMCC later modified
    this proposal to a 6 watt ERP level for mobile units.[^72]

24. Although some commenters were concerned that raising power limits
    for base/fixed operations would result in interference and limit
    frequency re-use on these channels,[^73] as the Commission stated in
    the *NPRM*, we believe that it is important to balance the benefits
    of re-use with the benefits of accommodating the diverse low power
    radio needs prevalent among PLMR users.[^74] In this regard, we
    believe that the higher power level of 20 watts ERP for base/fixed
    operations will help to provide more effective and reliable
    coverage. Additionally, we note the need for higher power levels for
    industrial and manufacturing complexes operating in hostile radio
    environments.[^75] Further, the Group A channels will remain
    frequency coordinated, which will help to prevent harmful
    interference to low power operations. Therefore, we will set power
    levels on the Group A frequencies at 6 watts ERP for mobile
    operation, and 20 watts ERP for base or fixed station operation.
    Stations that serve the function of fixed but are licensed as
    mobile, will be limited to the mobile power limit of 6 watts ERP. We
    will set the power limit for Group A portable units, however, at 2
    watts ERP in order to limit exposure to radiofrequency radiation
    from portable units.

25. *Full Power Operation*. We now turn to the issue of whether we
    should allow full power operations (up to 500 watts) on a portion of
    the Group A channels outside the designated top urban areas.[^76]
    Although some commenters are concerned that full power operation on
    the Group A channels will impede reuse and spectrum efficiency,[^77]
    we reiterate our belief in the importance of balancing the benefits
    of low power operations with the need for higher power operations in
    less urbanized areas where licensees may need to cover larger
    service areas. This approach will increase flexibility in rural
    areas, which will greatly benefit from the ability to use higher
    power levels. We also emphasize that pursuant to Section 90.267 of
    our rules, frequency coordinators currently have the authority to
    designate geographic areas where channels are designated for low
    power operations.[^78] Thus, this action does not constitute a
    significant departure from current policy. Moreover, we note that
    the frequency coordinators are in the best position to discern the
    need for differing power levels in particular geographic areas.
    Finally, as discussed below, we will implement certain safeguards to
    prevent full power operation from impeding on low power
    operations.[^79]

26. As an alternative to allowing full power operation, the Commission
    requested comment on whether a portion of the Group A channels
    should be available for an intermediate power level (such as 21-100
    watts) rather than full power (up to 500 watts) outside top urban
    areas.[^80] No commenter supports designating an intermediate power
    level for the referenced channels. Indeed, the Industrial
    Telecommunications Association indicates that an intermediate power
    level would lead to inefficiency in the frequency coordination
    process.[^81] Therefore, we will allow full power operation (up to
    500 watts) on a portion of the Group A channels outside top urban
    areas. These channels will be removed from the Industrial/Business
    low power pool outside top urban areas. Furthermore, the Group A
    channels authorized for full power operations outside top urban
    areas will be referred to as "Group A1" while the Group A channels
    available for low power operation nationwide will be referred to as
    "Group A2".

27. In the context of high power operations on Group A channels,
    commenters were also asked to discuss whether we should require that
    equipment operating thereon be equipped with automatic power control
    (APC).[^82] APC is a communications system capability that
    automatically adjusts the output power of mobile and portable
    transmitters in order to maintain the minimum transmitting power
    necessary for effective communications.[^83] By utilizing the
    minimum power necessary, APC also minimizes potential interference.
    Commenters were opposed to the implementation of any requirement to
    use APC, out of concern regarding the costs associated with
    purchasing APC compliant equipment, especially for those licensees
    already operating equipment on this spectrum without such
    technology.[^84] We agree with this concern, and, therefore, decline
    to require that high power licensees employ equipment with APC.
    Nonetheless, we take this opportunity to encourage licensees who
    operate high power systems on Group A channels to use APC equipment
    to limit the possibility of harmful interference to low power users.

28. *Protection of Low Power Operations.* In the *NPRM,* commenters were
    asked to discuss how high power operations outside of a 50-mile
    circle should protect low power users on the same or adjacent
    channel located within the 50-mile circle.[^85] Commenters also were
    asked to recommend an appropriate standard, *e.g.* mileage
    separation, contour analysis, *etc*.[^86] Several commenters
    indicate that the frequency coordination process can address the
    majority of interference issues between high power and low power
    systems.[^87] These commenters indicate that additional standards
    may hinder coordinator flexibility and interfere with overall
    coordinator effectiveness.[^88] We continue to believe, however,
    that some guidelines are necessary to resolve cases where disputes
    arise between high and low power licensees. Such guidelines will
    provide the frequency coordinators with clear standards, which will
    assist with dispute resolution. Furthermore, guidelines will provide
    low power users with a measure of certainty regarding their
    operations, and provide needed, additional protection, especially
    since such licensees may be at a disadvantage to high power
    licensees during such disputes.

29. API recommends the use of contour analysis to protect low power
    operations from co-channel and adjacent-channel high power
    operations.[^89] In this regard, API suggests performing the contour
    analysis from high power stations to low power stations within the
    50-mile circles.[^90] While we concur with API that contour analysis
    will provide an effective means to protect low power operations
    within the 50-mile circles of the top 100 urban areas, we
    nonetheless conclude that contour analyses from high power stations
    should be performed with respect to the 50-mile circles rather than
    individual stations within the circle. This is because we believe
    that the 50-mile circles around the top 100 urban areas should be
    "safe havens" for low power operations. Without such "safe havens,"
    we believe that high power stations operating just outside the
    50-mile circles could significantly reduce the number of frequencies
    available for low power use within the 50-mile circles. For example,
    we believe that the 21 dBu interfering contour of any high power
    station -- operating on a Group A1 channel -- should not overlap the
    50-mile circle of any top 100 urban area. This contour analysis
    method will not only protect incumbent low power stations from
    harmful interference, but also allow for future growth of low power
    stations within the 50-mile circle.

30. The contour analysis method described above will apply to any
    station operating on Group A1 channels which exceed the low power
    limits of Group A (20 watts ERP fixed/base, 6 watts ERP mobile and 2
    watts ERP portable). Stations operating outside the 50-mile circles
    which satisfy the Group A power limit requirements will not have to
    comply with this provision and may allow their 21 dBu interfering
    contour to overlap the 50-mile circle. Currently authorized high
    power stations which do not comply with this provision will be
    discussed in more detail below.[^91]

31. *Defining Top Urban Areas.* Regarding Group A, the Commission sought
    comment on the most appropriate method for defining top "urban
    areas."[^92] The Commission noted that, in the past, it had defined
    urban areas based on population statistics derived from U.S.
    Department of Commerce, Census Bureau data,[^93] other statistical
    areas defined by the U.S. Census Bureau,[^94] and other U.S.
    Department of Commerce references to establish the center
    coordinates for these areas.[^95] The Commission further noted that
    variations on the "top urban areas" concept are proposed in other
    pending Commission proceedings, and asked commenters whether the
    cutoff for the top areas should be 100 or some other number.[^96]

32. Most commenters supported using the list of urban areas provided in
    the table in Section 90.741 of our rules,[^97] stating that it
    provides a clear definition for top urban areas.[^98] The referenced
    table provides a list of the top 100 urban areas and specifies the
    center coordinates.[^99] Hexagram suggests that we use a
    Metropolitan Statistical Area (MSA) Definition.[^100] Hexagram
    asserts that this system is favorable because of industry
    familiarity therewith, and adds that it will provide protection for
    suburban and outlying areas that are not anchored to center
    coordinates of the metropolitan base, but which may also experience
    the same frequency use encountered at the geographic center
    coordinates.[^101] We believe, however, that using the table in
    Section 90.741 is preferable for the instant service. This table has
    been used for the 220-222 MHz band, with notable success. Further,
    because the list clearly specifies the affected cities, we believe
    it will provide licensees on this band with a simple and lucid
    reference of applicability. Moreover, the fact that the table lists
    100 cities supports commenter endorsement for a cutoff of no less
    than 100 urban areas.[^102] Consequently, for Group A channels, we
    will define top urban areas using the list provided in the table in
    Section 90.741 of our rules.

33. *50-Mile Circles*. In a related matter, the *NPRM* sought comment on
    the LMCC's proposal to set the limit for low power operations on the
    40 channels in Group A1 to within 50 miles of the top 100 urban
    areas. One commenter suggests that the circles for low power
    operation around the top 100 urban areas should be extended beyond
    the 80 kilometer (50 mile) distance reflected in the *NPRM,* to at
    least 120 kilometers (75 miles).[^103] However, commenters generally
    support the 50-mile proposal set forth in the *NPRM*.[^104] Inasmuch
    as there was no overwhelming support to change this value, we will
    implement the proposed 50-mile circles. We note that licensees may
    still operate on low power, but such operations will not be
    mandatory outside the urban areas.

34. Commenters were also asked to discuss low power operations at the
    edge of the 50-mile circles.[^105] Specifically, commenters were
    asked to discuss how low power operation extending outside the
    "fifty-mile circles" should be considered in a coordination
    analysis. The Commission gave the example of a low power base
    station located forty seven miles from the center of an urban area
    with an operating radius of five miles, and asked whether
    coordinators should take into account the area outside the 50-mile
    circle when performing coordination analyses for high power stations
    outside the circle.[^106]

35. In response to the Commission's request, the LMCC acknowledged the
    Commission's concern that high power systems outside the 50-mile
    circle may conflict with low power systems within the circle.[^107]
    To resolve this concern, the LMCC recommends that whether a system
    is considered within or outside the circle be determined by the
    location of the fixed station for high power stations, and the
    center of the operating area for low power mobile systems.[^108]
    Specifically, for Group A1 channels, the LMCC believes that fixed
    stations located within the 50-mile circle should be limited to the
    low power limit of 20 watts ERP, while fixed stations located
    outside the 50-mile circle should be eligible for full power (500
    watt) operation. Furthermore, it believes that mobile units with
    areas of operation centered within the 50-mile circle should be
    limited to the low power limit of 6 watts ERP, while mobile units
    with an area of operation centered outside the 50-mile circle should
    be eligible for full power operation. We concur and hereby adopt the
    LMCC's proposal.

36. In order to prevent high power mobile units from encroaching on the
    50-mile circles, no wide area operations will be authorized for
    mobile units which exceed the low power limit of 6 watts ERP on
    Group A1 channels. Rather, mobile units will be required to specify
    their area of normal, day-to-day operations in terms of a maximum
    distance from a geographical center. Under this approach, the
    applicant would identify a geographical center and, as a general
    matter, a distance not to exceed a 50-mile radius from such
    geographical center. As stated above, however, any mobile unit which
    exceeds the low power limit of 6 watts ERP on Group A1 channels may
    not have an area of operation centered within the 50-mile circle of
    any top 100 urban area.

37. *Non-voice Operations.* The Commission noted in the *NPRM* that its
    rules currently permit all the channel pairs listed in Group A to be
    used for telemetry operations on a secondary basis, and that such
    operations are limited to 2 watts TPO.[^109] In light of the
    proposed changes to Group A, the Commission sought comment on
    whether Group A should continue to be designated primarily for voice
    operations (with non-voice operations authorized on a secondary
    basis), or if non-voice operations should be limited to Group B as
    described below.[^110]

38. Notwithstanding the varied opinions on how or whether to permit
    non-voice operations on these channels, commenters expressed
    overwhelming support for the designation of spectrum for data
    operations, citing the continuously growing use of data
    applications.[^111] We agree with commenters that the growing need
    for data operations justifies permitting such applications on the
    Group A channels. As AES Corporation points out, because wireless
    data messaging is growing much faster than voice, providing spectrum
    for data optimizes spectrum utilization.[^112] Furthermore, many
    entities, including petroleum and natural gas companies, use data as
    part of their communications systems.[^113] Moreover, as Dataradio
    points out, non-voice applications are already prevalent on the
    Group A channels.[^114] Therefore, we will continue to allow
    non-voice applications on the Group A channels.

39. The LMCC proposes that we permit base/mobile and fixed data systems
    to operate on Group A channels.[^115] We agree. The LMCC also
    suggests, however, that mobile-only data systems be
    prohibited.[^116] The LMCC reasons that because mobile-only systems
    are licensed for an area rather than a permanent location, such
    operations are more difficult to pinpoint when interference
    occurs.[^117] We believe, however, that the LMCC's concern regarding
    "pinpointing" mobile-only data systems is overstated. Low power
    systems licensed pursuant to Section 90.267 of our rules will be
    prohibited from specifying operations over a wide area. Rather, we
    will require applicants for low power systems to specify their area
    of normal, day-to-day operations in terms of a maximum distance of
    50 miles from a geographical center. Inasmuch as mobile-only data
    systems will operate within a confined area, such systems will be
    more easily identified should harmful interference occur.
    Additionally, we note that if we prohibited mobile-only data,
    operators of data systems would need to supply coordinates for every
    fixed site in a system. As we indicated previously, however,
    providing coordinates for every fixed site would be an
    administrative burden for entities that operate numerous fixed sites
    throughout their service area.[^118] Therefore, we believe that
    entities that operate data systems should be able to license
    multiple fixed sites as mobile. Consequently, we will permit
    mobile-only data systems to operate on Group A channels. We note,
    however, that mobile-only data systems must monitor the transmit
    frequency for communications in progress before transmitting in
    order to avoid causing harmful interference.[^119]

40. Turning to the issue of whether data operations should be co-primary
    or secondary to voice on low power channels, the LMCC and Motorola
    believe that coordinated base/mobile data operations should be
    co-primary to voice operations, and that coordinated fixed data
    operations should be secondary to voice operations.[^120] We agree
    that the growing demand for non-voice spectrum justifies the
    designation of data operations as co-primary to voice. We disagree,
    however, that there should be a distinction in status between
    base/mobile data and fixed data operations. If fixed data systems
    are relegated to secondary status, we believe that most applicants
    who employ fixed data will be inclined to license their systems as
    mobile in order to receive co-primary status. This is at odds with
    our actions encouraging applicants, whenever feasible, to provide
    specific coordinates for fixed sites in order to enhance the
    frequency coordination process.[^121] By authorizing fixed data on a
    co-primary basis to voice operations, we believe that applicants
    will provide more accurate information regarding the location of
    fixed data sites. Therefore, on Group A channels, we will allow all
    classes of data (fixed, base/mobile or mobile-only) to operate on a
    co-primary basis to voice operations. In the interest of frequency
    reuse, however, we will prohibit continuous carrier systems on Group
    A channels.

41. We have indicated that data operations will be co-primary with voice
    operations on Group A frequencies. We note, however, that many of
    the Group A frequencies are currently subject to Section
    90.35(c)(30) of our rules, which authorizes telemetry operations (a
    subset of data) on a secondary basis to voice operations.[^122]
    Inasmuch as Group A frequencies are intended for either voice or
    data operations on a co-primary basis, we will remove this
    limitation from Group A frequencies.

### Group B

42. In the *NRPM*, the Commission tentatively concluded that it should
    adopt the LMCC's proposal for Group B, which would consist of ten
    12.5 kHz offset channel pairs for low power non-voice, coordinated
    use.[^123] This tentative conclusion was based on the Commission's
    recognition of a need for non-voice operations, particularly for
    critical safety operations, which could "suffer significant safety
    hazards if shared with voice operations".[^124] Commenters were
    generally in favor of the Group B proposal, and it will thus be
    adopted to the extent indicated below.

43. *Power/Antenna Height Limits.* The *NPRM* proposed a maximum TPO for
    mobile/portable, base and fixed operation of 2 watts, and a maximum
    antenna height above ground for base and fixed stations of 7 meters
    (20 ft) on the Group B frequencies.[^125] As discussed above,
    however, the LMCC proposed to convert the current limit of 2 watts
    TPO to 6 watts ERP, believing that a conversion from TPO to ERP
    would enhance the effectiveness of the frequency coordination
    process and increase the availability of spectrum.[^126] Dataradio,
    however, proposes to increase the limits for Group B base/fixed
    stations to the Group A limits of 20 watts ERP and 23 meters (75
    feet) for antenna height.[^127]

44. We disagree that equivalent limits should be established for Group A
    and Group B channels. In the *NPRM*, the Commission proposed four
    unique channel groups based on its determination that there are
    unique and varying needs amongst PLMR users, such as for
    non-coordinated itinerant use, coordinated voice use, and
    coordinated non-voice use. These varying needs include various power
    levels; hence the proposed power levels distinctions between Groups
    A & B. Adopting Dataradio's proposal to raise power levels in Group
    B would be at odds with our recognition of the varying needs of the
    PLMR community. Furthermore, we note that Dataradio and other users
    seeking to employ data applications at the higher power levels can
    do so on the Group A channels.[^128] Consequently, we deny
    Dataradio's request and implement the LMCC's suggested limits of 6
    watts ERP and 7 meters (20 ft) antenna height for Group B channels.
    We will set the power limit for Group B portable units, however, at
    2 watts ERP in order to limit exposure to radiofrequency radiation
    from portable units.

45. *Voice operations.* In the *NPRM*, the Commission sought comment on
    whether the ten data channels in Group B should be designated as
    "data primary" instead of "data only."[^129] The LMCC recommended
    that the Commission permit voice operations on the Group B data
    channels on a secondary, non-interfering coordinated basis, in order
    to maximize spectrum efficiency.[^130] We note, however, that in the
    *Refarming* proceeding, a petitioner averred that shared use of
    voice and non-voice channels could have catastrophic results[^131]
    and that interference avoidance would be costly and inefficient for
    users employing non-voice transmissions.[^132] Accordingly, the
    Commission sought comment on whether the "data only" approach was
    necessary to adequately protect data operations, especially in light
    of the fact that critical safety operations are contemplated in this
    band.[^133]

46. Some commenters expressed concern that voice operations would cause
    interference to mission critical data operations.[^134] In contrast,
    other commenters averred that these frequencies should not be
    limited to data operations.[^135] For example, several commenters
    assert that any voice operations on Group B channels should be
    limited to directly supporting a licensee's data operation.[^136] We
    believe, however, that crafting a restriction that limits the manner
    in which a licensee uses a particular channel would be difficult if
    not impossible to enforce. Although we recognize the concern
    regarding potential interference to mission critical data
    operations, we agree with commenters, such as Toro, that maximum
    spectrum efficiency will be achieved by permitting voice operations
    on a secondary, non-interference basis.[^137] In this regard, we
    note the LMCC's concern that a prohibition of secondary voice
    operations on the Group B channels may require some users to
    purchase additional equipment in order to support their non-voice
    operations.[^138] We reiterate that the Group B channels will remain
    frequency coordinated, which will help prevent harmful interference
    to primary data operations.[^139] Furthermore, we note that
    frequency coordinators are free to limit the recommendation of voice
    operations on Group B. Specifically, the frequency coordinators may
    choose to recommend voice operations on Group B channels only to
    entities that are performing data operations. Consequently, we
    designate Group B channels as "data primary" and allow secondary
    voice operations.

47. *Telemetry Limitation.* In the *NPRM*, the Commission noted that all
    Group B frequencies are currently governed by Section 90.35(c)(30)
    of our rules, a provision that designates telemetry operations as
    secondary.[^140] Inasmuch as the Group B frequencies are intended
    for data or telemetry operations, the Commission tentatively
    concluded that this limitation should be removed for these
    frequencies.[^141] Commenters were generally supportive of this
    tentative conclusion.[^142] Therefore, we will remove the limitation
    specifying telemetry as secondary from Group B frequencies.

48. *Continuous Carrier/Protected Service Areas.* In the *NPRM*, the
    Commission sought comment on whether it should allow continuous data
    transmissions on Group B channels.[^143] Some commenters support
    allowing continuous carrier transmissions on Group B channels
    provided we apply "protected service areas" around these
    operations.[^144] Commenters use the term "protected service area"
    to refer to an area where a licensee has exclusive use of a
    frequency.[^145] Continuous carrier operations require exclusive use
    of their frequency because these systems have no monitoring
    capabilities and are constantly transmitting. Without exclusive use
    of a frequency, continuous carrier operations can cause significant
    harmful interference to other users.

49. UTC and Motorola suggest that we modify our Part 90 trunking rules
    to accommodate continuous carrier data operations.[^146] Pursuant to
    Section 90.187 of our rules, trunked systems operating below 512 MHz
    may obtain exclusive use of a frequency if the trunked system
    obtains written consent from all affected licensees.[^147] A trunked
    system that has obtained exclusive use of a frequency is protected
    from encroaching co-channel and adjacent-channel systems and,
    therefore, operates within a "protected service area."[^148] UTC and
    Motorola request that we apply the criteria of Section 90.187 to
    continuous carrier data operations in order to allow them to obtain
    "protected service areas."[^149]

50. The LMCC recognizes that continuous carrier operations require
    "protected service areas" and that the Commission's rules do not
    presently accommodate such operations.[^150] The LMCC and Trimble
    suggest that we defer a decision on the matter of "protected service
    areas" for continuous carrier data systems until this issue can be
    studied more completely.[^151] We generally agree that it would be
    inappropriate to establish "protected service areas" in the instant
    proceeding. The proposals by UTC and Motorola are beyond the scope
    of this proceeding and implicate all private land mobile frequencies
    below 512 MHz. Accordingly, we deny the request to establish
    "protected service areas" for continuous carrier data systems on
    Group B channels. In this connection, we note that such continuous
    carrier data systems are not permitted under current rules.

51. *Duty Cycle.* In the *NPRM*, the Commission requested comment on
    whether to specify a duty cycle for Group B operations.[^152] The
    specification of a duty cycle limits the number and length of
    transmissions which may occur in any specific time period.
    Commenters in favor of duty cycle limitations assert that this
    approach would promote frequency re-use and spectrum efficiency by
    preventing high traffic licensees from monopolizing shared
    channels.[^153] On the other hand, Toro opposes a duty cycle because
    the random nature of its communications will not fall easily into
    the pattern of a duty cycle.[^154] No commenter provides us with
    specifics regarding designing a duty cycle that will promote
    frequency re-use without limiting the flexibility of operations such
    as Toro's. Furthermore, we agree with API that re-use concerns are
    mitigated by coordination and low power use.[^155] Because the
    record before us does not clearly dictate the need for a duty cycle
    to promote frequency reuse, we will refrain from imposition thereof
    for Group B channels. We note, however, that licensees must continue
    to share these frequencies.[^156]

52. *AES Proposal.* AES states that certain specialized non-voice
    operations should be allowed to operate on Group B channels without
    frequency coordination.[^157] AES indicates that such transmitters
    would have a TPO greater than .01 watts but never more then 2
    watts.[^158] AES further states that these very low power devices
    would perform the function of controlling equipment, reading
    measurements and providing alerts.[^159]

53. AES has not provided sufficient reason to exempt its operations from
    frequency coordination on Group B channels. Frequency coordination
    thereon will promote frequency reuse and minimize the potential for
    harmful interference. Furthermore, the operations described by AES
    appear to be virtually identical to those envisioned for Group C.
    AES may perform operations without frequency coordination on Group C
    channels as discussed below, or in other bands covered by Part 95 of
    our rules, such as the Multi-use Radio Service (MURS).[^160]

54. *Mobile-Only.* In its comments, the LMCC proposes that mobile-only
    data operations be prohibited on Group B channels, averring that
    such systems operate without monitoring for other users thereby
    causing harmful interference to other systems.[^161] As discussed
    above, the LMCC made the same request for Group A, asserting that
    when harmful interference occurs, mobile-only data systems are
    difficult to pinpoint because they are licensed for an area of
    operation instead of a specific set of coordinates.[^162] As we
    indicated for Group A, however, we believe that "pinpointing"
    mobile-only data will not be difficult because licensees on these
    frequencies will be prohibited from specifying wide area
    operations.[^163] Additionally, we noted that if we prohibited
    mobile-only data, operators of data systems would need to supply
    coordinates for every fixed site in a system, thereby yielding
    administrative burdens for such licensees.[^164] Therefore, as with
    Group A, we will permit mobile-only data systems to operate on Group
    B channels. We note, however, that mobile-only data systems must
    monitor the transmit frequency for communications in progress before
    transmitting in order to avoid causing harmful interference.[^165]

### Group C

55. In the *NPRM*, the Commission sought comment on the LMCC's proposal
    for Group C, which would consist of twenty-five 12.5 kHz offset
    channel pairs for low power non-coordinated, itinerant use.[^166]
    The Commission's rules define itinerant operation as operation of a
    radio station at unspecified locations for varying periods of
    time.[^167] These frequencies would be used by small businesses,
    such as electricians, plumbers, and others who need short-term,
    on-site communications.[^168] Users would be required to obtain a
    license for such use, however, licensees would not be required to
    specify a location from which they would operate, and would be
    permitted to operate anywhere nationwide without prior
    coordination.[^169] Commenters agreed with the proposal,
    acknowledging the need for low power, uncoordinated, itinerant
    operations. Further, we believe that adoption of this proposal will
    provide certain low power users, such as construction companies,
    needed flexibility in establishing short-term communications
    systems. Therefore, we adopt LMCC's proposal with respect to Group
    C, to the extent indicated below.

56. *Power/Antenna Height Limits.* The *NPRM* proposed a maximum TPO for
    mobile/portable, base and fixed operation of 2 watts, and a maximum
    antenna height above ground for base and fixed stations of 7 meters
    (20 ft) on the Group C frequencies.[^170] As discussed above,
    however, the LMCC proposed to convert the current limit of 2 watts
    TPO to 6 watts ERP, believing that a conversion from TPO to ERP
    would enhance the effectiveness of the frequency coordination
    process and increase the availability of spectrum.[^171] No other
    commenter specifically discussed power and antenna height limits for
    Group C. As we have discussed in great detail above, we agree with
    the LMCC that the use of an ERP standard is preferable and will thus
    adopt the LMCC's suggested limits of 6 watts ERP and 7 meters (20
    ft) antenna height for Group C channels.[^172] We will set the power
    limit for Group C portable units, however, at 2 watts ERP in order
    to limit exposure to radiofrequency radiation from portable units.

57. *Dockside Channels.* The Commission noted in the *NPRM* that four of
    the frequencies specified in the LMCC's Petition, 467.7625 MHz,
    467.7875 MHz, 467.8125 MHz, and 467.8375 MHz, are currently
    designated under our Part 90 rules for dockside operations on a
    primary basis, and are also authorized for mobile operation, radio
    remote control, and telemetering functions.[^173] Because the
    Commission tentatively concluded that sharing between the currently
    authorized uses and the proposed non-coordinated, itinerant
    operations was not advisable due to the potential for harmful
    interference, in the NPRM it sought suggestions on replacement
    channels for the four listed above.[^174] The LMCC suggested that
    these channels be dropped with no replacement so as to prevent
    additional cases of high power systems licensed on low power
    frequencies.[^175] However, Motorola disagrees that uncoordinated
    low power operations will be incompatible with dock-side
    operations.[^176] We disagree with Motorola that itinerant
    operations on Group C channels can coexist with primary dockside
    operations. Itinerant operations on these four frequencies would
    need to remain secondary to dockside operations. However, because
    itinerant operations occur at unspecified locations without prior
    notice, it is unfeasible to limit their use in order to protect
    primary dockside operations. Consequently, we will remove these
    frequencies from Group C and will not designate replacement
    frequencies. The four originally corresponding frequencies will be
    left unpaired.

58. *Fixed Operations.* The Commission noted in the *NPRM* that most of
    the Group C channel pairs are subject to Section 90.35(c)(62) of our
    rules,[^177] which authorizes fixed operations on a secondary basis
    to land mobile operations pursuant to Section 90.261.[^178] We have
    subsequently clarified herein that Section 90.261 does not apply to
    low power channels and that fixed operations are co-primary to low
    power land mobile operations.[^179] However, in the *NPRM*, the
    Commission sought comment on whether fixed operations should be
    prohibited on itinerant frequencies. We agree with AWWA that fixed
    operations are inconsistent with the concept of itinerant
    operation.[^180] We believe that fixed/base operation at a permanent
    site should be performed on frequencies designated for non-itinerant
    low power operations. Consequently, we will only license mobile
    operations on Group C itinerant frequencies. Although all stations
    will be licensed as mobile, we note that operation at a "fixed"
    location for a temporary period of time will be permitted on
    Group C. These temporary "fixed" sites will be limited to the LMCC
    recommended limit of 7 meters (20 ft) antenna height.

59. *Data Operations.* In a related matter, the Commission noted in the
    *NPRM* that most of the Group C channel pairs are subject to Section
    90.35(c)(30), which authorizes telemetry operations on a secondary
    basis to voice operations.[^181] As also noted in the *NPRM*,
    however, the lack of infrastructure inherent therewith renders
    itinerant services incompatible with the concept of employing
    secondary operations. Specifically, there is no way for entities
    proposing secondary operations to coordinate their activities around
    the primary operation. Consequently, the Commission sought comment
    on whether data transmissions should be prohibited on these
    frequencies.[^182] All comments on this subject support data
    operations on Group C channels.[^183] We agree with commenters that
    itinerant users will benefit from flexible voice or data operations
    on Group C channels.[^184] Consequently, Section 90.35(c)(30) of our
    rules will not be applicable to the Group C frequencies, and we will
    allow data operations on a co-primary basis to voice operations.

60. *Medical Telemetry.* In the *NPRM*, the Commission noted that ten of
    the low power channels proposed for Group C are currently available
    to hospitals and health care institutions for medical radio
    telemetry operations on a secondary basis.[^185] Because the LMCC's
    proposal would allow non-coordinated, itinerant operations on Group
    C, the Commission expressed concern that the proposed use would
    cause harmful interference to telemetry operations.[^186] It
    therefore tentatively concluded that these ten frequencies should
    not be made available for non-coordinated, itinerant use until the
    end of the medical telemetry transition period.[^187] Some
    commenters disagreed with this tentative conclusion. For example,
    the LMCC maintained that no delay was necessary because the
    contemplated low power uses should not interfere with telemetry, and
    that the color dot protections discussed *infra* would provide
    adequate protections thereto.[^188] However, these commenters did
    not present sufficient evidence to persuade us to change the
    Commission's tentative conclusion that itinerant use could present a
    great deal of harm to telemetry operations. Therefore, we will
    permit itinerant use on the ten Group C frequencies available for
    medical radio telemetry operations upon completion of the medical
    telemetry migration deadline.[^189]

61. Some commenters have taken this opportunity to request an extension
    of the October 2003 deadline for migration of medical telemetry
    equipment in the 460-470 MHz band to frequencies dedicated to
    WMTS.[^190] We believe it would be inappropriate to act on such
    requests in the instant proceeding. We first note that these
    requests, which have been filed in the form of comments to our
    proposal to establish a non-coordinated itinerant service, extend
    beyond the scope of the *NPRM*. Indeed, the *NPRM* did not provide
    notice to PLMR users that the Group C spectrum, currently utilized
    by medical telemetry users, might be frozen beyond the current
    migration deadline. Furthermore, we conclude that the record before
    us is insufficient to justify extending the transition period.
    Therefore, we deny the requests for an extension of the October 2003
    medical telemetry migration deadline.

62. *Group C Radio Equipment*. The Commission tentatively concluded in
    the *NPRM* that manufacturers of the radios used for the Group C
    channels must construct the radios to work only on these twenty-five
    channels and other UHF color dot and star dot frequencies in order
    to help protect full power coordinated channels from additional
    co-channel conflicts that might occur from uncoordinated
    users.[^191] Some commenters agreed with our conclusion.[^192] For
    example, PCIA asserts that such a restriction is critical to
    reducing unlicensed, uncoordinated use of non-itinerant
    spectrum.[^193] Motorola, however, asserts that such a restriction
    would likely harm users with varying communications requirements who
    would be required to purchase multiple radios instead of having the
    frequencies built into a single radio.[^194]

63. After reviewing the record in this proceeding, we concur with
    Motorola that such a restriction on the equipment is not necessary
    here. First, we note that under LMCC's proposal, as well as the
    *NPRM,* licensing on Group C frequencies would remain restricted to
    Industrial/Business Pool eligibles. Further, as Motorola points out,
    some of the Industrial/Business users most likely will have varying
    communication requirements beyond itinerant low power operations. As
    a result, we are concerned that adopting the proposed restriction on
    radio equipment could result in such users being required to
    purchase multiple radios to meet their various communications needs
    as opposed to a single unit. The record is devoid of evidence that
    failure to adopt the proposal would adversely affect the effective
    and efficient utilization of these frequencies. Absent such showing,
    we believe that it would be inequitable to require users to purchase
    a separate radio in order to operate on Group C itinerant low power
    frequencies. Accordingly, we will allow equipment manufacturers to
    combine Group C frequencies with other non-itinerant frequencies
    into a single radio.[^195]

64. *Incumbent Low Power Operations.* In the *NPRM*, the Commission
    sought comment on how incumbents on Group C channels should be
    treated.[^196] Hexagram urges us to protect incumbents on these
    frequencies.[^197] Hexagram states that non-coordinated itinerant
    equipment should be prohibited from operating in areas licensed to
    existing low power users.[^198] We believe, however, that Hexagram's
    proposal conflicts with the itinerant nature of Group C frequencies.
    Because itinerant operations are, by nature, intended for use at any
    location without prior coordination, it is not viable to permit
    itinerant operation while still restricting its use in certain
    areas. Consequently, we will not afford incumbents special
    protection from itinerant operations but we will allow them to
    continue operating on the Group C frequencies under the terms of
    their existing authorizations. We believe this approach strikes the
    proper balance between the benefits of allowing itinerant
    operations[^199] and any adverse impact on incumbent users.
    Moreover, this approach is consistent with the Commission's interest
    in promoting flexible spectrum use among similar operations. In this
    connection, we note that low power incumbents, such as Hexagram's
    utility telemetry users, who require the protection of frequency
    coordination can use the frequencies in low power Groups A and B.
    Additionally, we note that utility telemetry operators requiring
    special protection may operate in other bands including: the Part 90
    telemetry band at 1427-1432 MHz,[^200] and certain Part 101 Multiple
    Address System frequencies that are reserved for private internal
    use (928/952/956 MHz and 932/941 MHz bands).[^201]

### Group D

65. *Low Power Limits.* In the *NPRM*, the Commission sought comment on
    the LMCC's proposal to establish a fourth set of frequencies,
    labeled "Group D," which would consist of five 12.5 kHz offset
    channel pairs for low power coordinated use.[^202] The subject
    frequencies are primarily reserved for CSA operations and allow
    secondary telemetry operations.[^203] Two of the channel pairs are
    available for central station alarm operations nationwide.[^204]
    Three channel pairs are available only for central station alarm
    operations in urban areas as defined by Section 90.35(c)(63) of our
    rules.[^205] Outside of the urban areas, however, these channels are
    available for Industrial/Business eligibles generally.[^206] The
    LMCC requested that these non-CSA users be permitted fixed as well
    as mobile operations.[^207] Unlike the other Industrial/Business low
    power groups discussed above, however, the LMCC does not support an
    ERP limitation for Group D channels.[^208] Rather the LMCC supports
    maintaining the existing 2 watt TPO standard for mobile/portable,
    base and fixed operations.[^209]

66. Regarding the Group A, B and C channels, we have decided, herein, to
    convert the current TPO standard to an ERP standard for low power
    operations, citing such benefits as enhancing the effectiveness of
    the frequency coordination process.[^210] We believe, however, that
    operation on Group D channels is unique and distinguishable from the
    other Groups, and retention of the current TPO standard thereon will
    most benefit users. Unlike Groups A, B and C where the majority of
    operations will be mobile, Group D frequencies will primarily
    consist of fixed operations. Therefore, for this particular case, we
    believe that the benefits associated with an ERP standard are offset
    by the fact that an ERP standard would limit the use of high gain
    antennas at fixed sites on Group D channels, and force Group D
    licensees to use Group A channels and supply individual coordinates
    for fixed sites requiring high gain antennas.

67. Group D channels are specifically slated for CSA operations. For the
    most part, CSA operators employ fixed transmitters licensed as
    mobile.[^211] If we were to convert to an ERP standard on these
    channels, all CSA fixed transmitters licensed as mobile would need
    to satisfy an ERP limit established for mobile units. We have
    established a limit of 6 watts ERP for mobile units operating in the
    other Industrial/Business groups discussed above. This same 6 watt
    ERP limitation for Group D mobile units could limit a CSA licensee's
    ability to use high gain antennas at their fixed sites. Under
    conditions of a conversion to an ERP standard on these channels, the
    use of a high gain antenna in combination with 2 watts TPO would
    generally exceed the 6 watt ERP limit.

68. In contrast, non-CSA Industrial/Business users who wish to employ
    high gain antennas at fixed sites may operate on Group A channels
    where 20 watts ERP is permitted.[^212] Such users, however, would
    need to license these higher power operations as fixed and supply
    coordinates. We have already noted that because CSA users employ
    such a multitude of fixed stations, supplying coordinates for each
    fixed sites would be an administrative burden.[^213] Further, the
    LMCC indicates that providing coordinates to CSA fixed sites could
    compromise the safety of the protected premises.[^214] Consequently,
    we believe that CSA licensees should continue to have the
    flexibility to employ high gain antennas at fixed sites without the
    added constraint of satisfying an ERP standard or providing specific
    coordinates. Therefore, we will continue to limit operating power on
    Group D frequencies to 2 watts TPO.

69. *Clarification.* In Appendix C of the *NPRM*, the Commission
    proposed rules for operation of Group D channels.[^215] The
    Commission erroneously stated that all the Group D channels are
    available for general Industrial/Business operations outside the
    urban areas specified in Section 90.35(c)(63).[^216] The LMCC and
    CSAA have asked us to clarify that certain channel pairs for Group D
    will continue to be available only for CSA use nationwide.[^217]
    Consequently, we take this opportunity to clarify that the channel
    pairs subject to Section 90.35(c)(66) of our rules will continue to
    be available exclusively for CSA use nationwide.

70. *Note 64 Limitation.* The LMCC and the CSAA state that Section
    90.35(c)(64)[^218] should not be applicable to Group D
    channels.[^219] This provision limits the maximum duration,
    bandwidth and number of transmissions in any 60-second period of
    non-voice CSA transmissions.[^220] CSAA states that the provision
    was intended to apply to high power non-voice CSA transmissions and
    no longer applies to Group D frequencies, since these frequencies
    will be limited to low power use.[^221] We agree. As CSAA indicates,
    the provision was carried over to the former offset channels as part
    of the refarming process that would have made these channels
    available for high power operation. Inasmuch as these channels are
    part of the low power plan and are not available for high power use,
    Section 90.35(a)(64) will not be applicable to the Group D
    frequencies.

### Low Power Public Safety Pool

71. In the *NPRM*, the Commission tentatively concluded, based on LMCC's
    recommendation, that it should designate fourteen 12.5 kHz channel
    pairs for low power operations in the Public Safety Pool.[^222]
    Inasmuch as we received no opposition to the Commission's tentative
    conclusion, it is hereby adopted to the extent indicated below.

72. *Power/Antenna Heights Limits.* In the *NPRM,* the Commission sought
    comment on power and antenna height limits for the Low Power Public
    Safety Group.[^223] The LMCC proposes increasing the current limit
    of 2 watts TPO to 5 watts TPO.[^224] The LMCC also suggests an
    antenna height limit of 7 meters (20 feet) above ground for fixed
    stations.[^225] We received no further comments regarding operations
    in the Low Power Public Safety Group. As we discussed previously,
    however, we believe that ERP limits are more appropriate here.[^226]
    For continuity purposes, we will establish power and antenna height
    limits equivalent to the limits established in Groups B and C in the
    Industrial/Business pool. We believe these power and antenna height
    limits strike a proper balance between allowing sufficient power for
    low power public safety operations while maximizing frequency reuse.
    Therefore, we will implement the limits of 6 watts ERP and 7 meters
    (20 ft) antenna height for the Low Power Public Safety Group. We
    will set the power limit for portable units, however, at 2 watts ERP
    in order to limit exposure to radiofrequency radiation from portable
    units.

73. *Station Class.* In the *NPRM,* the Commission requested comment on
    the LMCC's request to allow public safety licensees to license fixed
    stations either as "fixed' or "mobile."[^227] We have previously
    discussed this issue and indicated that we will continue to allow
    all low power licensees to license multiple fixed sites as mobile
    units, provided that they supply areas of operation for these
    multiple fixed sites.[^228] We proposed no further rule changes for
    the Low Power Public Safety Group and received no comments
    suggesting further changes. Therefore, beyond the power and antenna
    height limits discussed above, we will make no further changes to
    the current operations on these frequencies.

### Miscellaneous Matters

74. *Codification of Consensus Plan*. The Commission noted in the
    *NPRM*, that if it adopted the proposals and tentative conclusions
    described therein, it would, in effect be codifying the Consensus
    Plan into its Rules.[^229] The Commission sought comment on whether
    such adoption was the ideal approach or whether it should instead
    establish a minimum, maximum, or absolute number of channels that
    the coordinators are authorized to designate for each group.[^230]
    Commenters expressed support for codification of the Consensus Plan,
    stating that it would result in stability and reliability, and would
    encourage investment.[^231] Commenters further stated that the
    codification would help frequency coordinators properly administer
    use of the low power channels, and would prevent the possibility of
    future frequency coordinators that were not part of the consensus
    from coordinating non-compliant uses.[^232] We note that in
    substantially adopting the LMCC's proposals, we have essentially
    codified the Consensus Plan, and no further action is
    warranted.[^233]

75. *Channel Pairs*. The Consensus and Low Power Plans listed the low
    power channels in pairs. Under the current rules for the 450-470 MHz
    band, both base and mobile operation are permitted on the low side
    of a pair, while the high side is limited to mobile operation.[^234]
    Applicants typically apply for one side of a pair. For example, if
    only mobile operation is desired, a license is granted for one side
    of the channel pair, usually the high side. If base and mobile
    operation is desired, a license is granted for the low side. In the
    *NPRM*, the Commission requested comment on whether it should
    continue this approach for the channels specified in the low power
    pool.[^235]

76. API asserts that while it recognizes that restricting the high side
    of a channel pair to mobile operations may facilitate frequency
    coordination, it nonetheless supports licensing base and mobile
    operations on either side of the channel pair. API reasons that if
    any one side of the pair is restricted, there is potential for
    underutilized spectrum thereon.[^236] We agree. Therefore, we will
    allow fixed operation on either the high side or the low side of the
    channel pair. In order to facilitate the frequency coordination
    process, however, we will authorize the "slightly" higher power 20
    watt ERP fixed stations only on the lower side of Group A channel
    pairs. Fixed stations operating on the high side of a Group A
    channel pair will be restricted to the mobile limit of 6 watts ERP.
    For applicants who require paired frequencies for base to mobile and
    mobile to base communications, we will continue to authorize base
    and mobile operations on the low side of the pair while authorizing
    only mobile operations on the high side.

77. *Directional Antenna Requirements.* Our decision to express the
    power limitation for mobile units in terms of ERP rather than TPO
    requires us to reexamine Section 90.267(a)(7) of our rules.[^237]
    Section 90.267(a)(7) requires that fixed stations licensed as mobile
    employ a directional antenna with a front to back ratio of at least
    15 dB, if the fixed station communicates with one or more associated
    stations located within 45 degrees of azimuth.[^238] Because we have
    decided to convert from a TPO to an ERP standard, however, this same
    fixed station would also need to satisfy the ERP limit of 6 watts
    established for most mobile units operating pursuant to Section
    90.267.[^239] In order for a station to satisfy both the front to
    back ratio requirement and the ERP limit, a fixed station licensed
    as mobile would need to employ a very small TPO. Therefore, we
    believe that our decision to express power limits in terms of ERP
    for Groups A, B and C, would be at odds with Section 90.267(a)(7) if
    it remains in effect.

78. We believe that licensees should have flexibility in choosing
    between antenna directionality and TPO when satisfying the ERP
    limits that we have established herein. Therefore we will eliminate
    the requirement that certain fixed stations licensed as mobile
    employ directional antennas with a minimum front to back ratio.
    Licensees may design stations using any combination of TPO and
    antenna gain in order to satisfy the ERP requirements. We note that
    licensees who need to employ high gain antennas at fixed stations
    also will have the flexibility to operate such stations at the
    slightly higher power level of 20 watts ERP on Group A
    channels.[^240] Such stations would need to be licensed as fixed
    rather than mobile.

79. *Status of High Power Licensees that Coordinators Certified under
    Exception to Freeze*. In the *NPRM*, the Commission requested
    comment on how it should treat entities licensed for high power
    operation on 12.5 kHz offset channels that are now specifically
    designated for low power operation.[^241] The Commission further
    requested comment on how it should handle other incumbents that may
    be impacted by adoption of the proposals outlined in the
    *NPRM*.[^242] In the *Refarming Second Report and Order,* the
    Commission stated that prior to the lifting of the licensing freeze
    in the 450-470 MHz band (which was to occur only after the
    establishment of a low power consensus plan), new high power systems
    would be granted partial relief by allowing them to be licensed on
    any former 12.5 kHz offset channel not specifically designated for
    low power use.[^243] Such license applications, however, were
    required to be accompanied by a statement from a frequency
    coordinator attesting that operation of a new high power system
    would not have an impact on any currently operating co-channel low
    power system.[^244] Based on a review of our licensing records, it
    appears that subsequent to adoption of the *Refarming Second R&O*,
    the Commission has licensed a number of high power systems on the
    12.5 kHz offset channels. It also appears that a vast number of
    entities that received licenses for high power operations have
    channels designated in the Consensus Plan for low power
    operation.[^245]

80. The majority of commenters were not in favor of allowing such users
    to remain indefinitely on these channels, citing the potential for
    interference to low power operations from such high power
    operations.[^246] Both the LMCC and PCIA suggest that such users be
    granted a maximum of five years to vacate the band, while Toro
    proposes a maximum of eighteen months.[^247] In contrast, ITA
    asserts that high power incumbents should be indefinitely
    grandfathered because frequency coordination procedures can protect
    future low power users from such incumbents.[^248] We note that many
    of the high power incumbents operate in major metropolitan areas
    where comparable frequencies are not available. Given the vast
    number of high power incumbents already licensed on these low-power
    frequencies, we do not believe it would be possible to relocate all
    of these operations to full power frequencies. Therefore, we are
    concerned that if we do not grandfather these incumbent operations,
    many of these licensees may be forced to discontinue operations.
    Rather than requiring some of these licensees to discontinue
    existing authorizations, we will grandfather these high power
    stations. Our decision here is due, in large part, to our belief
    that future low power users can be protected from these high power
    operations and the lack of sufficient comparable alternative
    frequencies for such operations.

81. *Frequency Coordination.* Most of the low power groups discussed
    previously will be subject to frequency coordination.[^249]
    Frequency coordination on these frequencies will be imperative to
    minimizing the potential for harmful interference. For example, full
    power stations will operate on frequencies adjacent to these low
    power channels. Therefore, the frequency coordinators will be
    responsible for limiting interference from adjacent-channel high
    power stations to low power operations. In addition, we are allowing
    licensees to operate voice or non-voice low power systems on the
    same frequencies. We will rely on the frequency coordinators to
    minimize interference between voice and non-voice operations. If we
    find, however, that frequency coordination alone can not limit the
    interference between voice and non-voice systems, we will consider
    setting aside specific channels for voice and non-voice operations.

# CONCLUSION

82. We believe that revising our rules as indicated herein will serve
    the public interest by accommodating the diverse needs of the PLMR
    community. Moreover, we believe that these rule changes will promote
    effective spectrum utilization and spectrum efficiency.

# procedural matters

## Final Regulatory Flexibility Analysis

83. As required by Section 604 of the Regulatory Flexibility Act, 5
    U.S.C. § 604, the Commission has prepared a Final Regulatory
    Flexibility Analysis (FRFA) of the expected impact on small entities
    of the rule changes implemented in this document. The FRFA is set
    forth in Appendix A.

## Paperwork Reduction Act Analysis.

84. The actions taken in this *Report and Order* have been analyzed with
    respect to the Paperwork Reduction Act of 1995, Pub. L. No. 104-13,
    and found to impose no new or modified recordkeeping requirements or
    burdens on the public.

## Alternative Formats

85. Alternative formats (computer diskette, large print, audio cassette
    and Braille) are available from Brian Millin at (202) 418-7426,
    TTY (202) 418-7365, or at bmillin@fcc.gov. This *Report and Order*
    can be downloaded at <http://wireless.fcc.gov/releases.html>.

## Contact for Information

86. For further information, contact Brian Marenco, Electronics
    Engineer, <bmarenco@fcc.gov>, or Genevieve Augustin, Esquire,
    [gaugusti@fcc.gov](mailto:gbenson@fcc.gov), Policy and Rules Branch,
    Public Safety and Private Wireless Division, Wireless
    Telecommunications Bureau, (202) 418-0680.

# Ordering clauses

87. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 303(f),
    303(r), and 332 of the Communications Act of 1934, as amended, 47
    U.S.C. §§ 154(i), 303(f), 303(r) and 332, this *Report and Order* IS
    ADOPTED.

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

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

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

    **APPENDIX A**

    **Final Regulatory Flexibility Analysis**

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1.  As required by the Regulatory Flexibility Act (RFA) of 1980,[^250]
    as amended, an Initial Regulatory Flexibility Analysis (IRFA) was
    incorporated in the *NPRM.*[^251] The Commission sought written
    public comment on the proposals in the *NPRM*, including comment on
    the IRFA. This present Final Regulatory Flexibility Analysis (FRFA)
    conforms to the RFA.[^252]

    **A. Need for, and Objectives of the Final Rules:**

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

91. The Commission's objective, the implementation of a low power plan
    that would suit the needs of low power users, was realized in the
    following manner. The Commission tasked the private land mobile
    radio (PLMR) frequency coordinators with developing a plan for low
    power operations, through industry consensus, on what was formerly
    known as the 450-470 MHz low power offset channels.[^253] On June 4,
    1997, the Land Mobile Communications Council (LMCC) filed the
    requested plan (Consensus Plan).[^254] Because the LMCC's Consensus
    Plan required changes to the Commission's Rules, on September 11,
    2000, the LMCC submitted a Petition for Rule Making seeking the
    appropriate amendments. On July 24, 2001, the Commission released a
    *Notice of Proposed Rule Making,* proposing amendments to Part 90 of
    its rules in order to effectuate the changes suggested in the
    Consensus Plan. The instant *Report and Order* (*R&O*) implements
    many of the proposed changes. Among the major rules adopted are:
    designation of forty-nine 12.5 kHz 450-470 MHz Industrial/Business
    channel pairs and one unpaired frequency for low power coordinated
    use, of which 39 channel pairs and one unpaired frequency will be
    available for full power at least 50 miles outside of the top 100
    urban areas; raising of power limits for base/fixed operations on
    the Group A channels to 20 watts effective radiated power;
    designation of ten 12.5 kHz 450-470 MHz channel pairs for low power
    non-voice coordinated use nationwide, with voice operations allowed
    on a secondary basis; designation of twenty-five 12.5 kHz 450-470
    MHz channel pairs for low power non-coordinated use nationwide;
    conversion of power limits for mobile operations on frequencies in
    the Public Safety Group and Industrial/Business Groups A, B and C,
    to 6 watts effective radiated power; designation of five 12.5 kHz
    450-470 MHz channel pairs for low power, coordinated use (primarily
    central station alarm); designation of fourteen 12.5 kHz channels
    pairs for low power use in the Public Safety Pool; and the
    grandfathering of high power operations currently licensed on the
    low power channels.

    **B. Legal Basis:**

92. Authority for the amendments included herein is contained in
    Sections 4(i), 303(f), 303(r), and 332 of the Communications Act of
    1934, as amended, 47 U.S.C. §§ 4(i), 303(f), 303(r), and 332.

**C. Description and Estimate of the Number of Small Entities to Which
the Final Rules Will Apply:**

93. 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 herein.[^255] The RFA generally
    defines the term "small entity" as having the same meaning as the
    terms "small business," "small organization," and "small
    governmental jurisdiction."[^256] In addition, the term "small
    business" has the same meaning as "small business concern" under the
    Small Business Act.[^257] A "small business concern" is one
    which: (1) is independently owned and operated; (2) is not dominant
    in its field of operation; and (3) satisfies any additional criteria
    established by the SBA.[^258]

94. *Governmental Entities.* "Small governmental jurisdiction" generally
    means "governments of cities, counties, towns, townships, villages,
    school districts, or special districts, with a population of less
    than 50,000."[^259] As of 1992, there were approximately 85,006 such
    jurisdictions in the United States.[^260] This number includes
    38,978 counties, cities, and towns; of these, 37,566, or ninety-six
    percent, have populations of fewer than 50,000.[^261] The Census
    Bureau estimates that this ratio is approximately accurate for all
    governmental entities. Thus, of the 85,006 governmental entities, we
    estimate that 81,600 (ninety-one percent) are small entities. Below,
    we further describe and estimate the number of small entity
    licensees and regulatees that may be affected by the rule changes
    adopted herein.

95. *Public Safety Radio Services.* As a general matter, Public Safety
    Radio Pool licensees include police, fire, local government,
    forestry conservation, highway maintenance, and emergency medical
    services.[^262] The SBA rules contain a definition for small
    radiotelephone (wireless) companies, which encompasses business
    entities engaged in radiotelephone communications employing no more
    that 1,500 persons.[^263] There are a total of approximately 127,540
    licensees within these services.[^264] 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 afflicted.

96. *PLMR Licensees.* Private land mobile radio systems serve an
    essential role in a vast range of industrial, business, land
    transportation, and public safety activities. These radios are used
    by companies of all sizes operating in all U.S. business categories.
    Because of the vast array of PLMR users, the Commission has not
    developed a definition of small entities specifically applicable to
    PLMR users, nor has the SBA developed any such definition. The SBA
    rules do, however, contain a definition for small radiotelephone
    (wireless) companies.[^265] Included in this definition are business
    entities engaged in radiotelephone communications employing no more
    that 1,500 persons.[^266] According to the Bureau of the Census,
    only twelve radiotelephone firms of a total of 1,178 such firms
    which operated during 1992 had 1,500 or more employees. For the
    purpose of determining whether a licensee is a small business as
    defined by the SBA, each licensee would need to be evaluated within
    its own business area. The Commission\'s fiscal year 1994 annual
    report indicates that, at the end of fiscal year 1994, there were
    1,101,711 licensees operating 12,882,623 transmitters in the PLMR
    bands below 512 MHz.[^267]

97. *Wireless Communications Equipment Manufacturers*. We anticipate
    that manufacturers of wireless radio equipment will be affected by
    our decisions in this proceeding. According to the SBA's
    regulations, radio and television broadcasting and communications
    equipment manufacturers must have 750 or fewer employees in order to
    qualify as a small business concern.[^268] Census Bureau data
    indicate that there are 858 U.S. firms that manufacture radio and
    television broadcasting and communications equipment, and that 778
    of these firms have fewer than 750 employees and would therefore be
    classified as small entities.[^269]

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

98. No new reporting, recordkeeping, or other compliance requirements
    would be imposed on applicants or licensees as a result of the rules
    adopted in this proceeding.

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

99. The RFA requires an agency to describe any significant alternatives
    that it has considered in developing its approach, which may include
    the following four alternatives (among others): "(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 and reporting requirements under the rule for such 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 such small entities.[^270]

100. Regarding our rule changes increasing the power limits and antenna
     height for low power users operating on the 49 channel pairs and
     one unpaired frequency in Group A, although increasing the power
     and antenna height limits for low power users on these channels
     could decrease the number of operators possible in a given area, we
     believe that the need, as demonstrated in the Low Power Plan, for
     higher power and greater antenna height on these channels outweighs
     the potential for reduction of the number of licensees.[^271] An
     alternative to this amendment would be to maintain the current
     power restriction of 2 watts output power and 7 meters antenna
     height, or impose power limitations less than 20 watts for base
     stations and 5 watts for mobile/portable stations and less than 23
     meters antenna height above ground level. These alternatives,
     however, do not address the need, especially in hostile radio
     environments, for more than 2 watts output power and/or antenna
     heights of more than 7 meters. Moreover, since many operators in
     hostile radio environments are smaller entities, the rules we adopt
     today are especially beneficial to those entities.

101. In addition, regarding our rule changes which designate 25 channels
     for low power, itinerant use in Group C,[^272] incumbent licensees,
     some of which may be small entities, could face interference from
     itinerant users that will not be required to coordinate their
     operations through a certified frequency coordinator. Despite the
     possibility of potential interference, the need for itinerant
     operations in the PLMR services is substantiated enough to justify
     the risk of some increase in interference. In this connection, we
     note that small businesses that require itinerant operations,
     whether new entrants or incumbents, will be eligible for these
     channels and may benefit from our proposal.

102. Regarding our rule change allowing 5 watts ERP for the fourteen
     channels in the Public Safety Pool,[^273] there will be no
     significant adverse impact on small entities. An alternative to
     this change would be to maintain the current limitation of 2 watts
     output power or to impose a power limitation of less than 5 watts
     ERP. Neither of these alternatives, however, would be sufficient to
     promote flexibility for Public Safety Pool licensees that require
     more than 2 watts output power for their operations.

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

103. None.

     **[Report to Congress:]{.underline}** The Commission will send a
     copy of this *Report and Order*, including this FRFA, in a report
     to be sent to Congress pursuant to the Congressional Review
     Act.[^274] In addition, the Commission will send a copy of this
     *Report and Order*, including this FRFA, to the Chief Counsel for
     Advocacy of the SBA. A copy of this *Report and Order* and FRFA (or
     summaries thereof) will also be published in the Federal
     Register.[^275]

**APPENDIX B**

**FINAL RULES**

PART 90 -- PRIVATE LAND MOBILE RADIO SERVICES

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

AUTHORITY: Sections 4(i), 11, 303(g), 303(r) and 332(c)(7) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7).

104. Section 90.20 is amended by revising the table in paragraph (c)(3)
     and adding a new paragraph (d)(84):

**§ 90.20 Public Safety Pool.**

\* \* \* \* \*

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

\(3\) \* \* \*

PUBLIC SAFETY POOL FREQUENCY TABLE

+-----------------+-----------------+-----------------+-----------------+
| Frequency or    | Class of        | Limitations     | Coordinator     |
| band            | station(s)      |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 453.03125       | Base or mobile  | 44, 59, 60, 61, | PM              |
|                 |                 | 62, 84.         |                 |
| 453.0375        | ....do......... |                 | PX              |
|                 |                 | 27, 59, 60, 61, |                 |
| 453.04375       | ....do......... | 62, 84.         | PM              |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 44, 59, 60, 61, | \* \* \* \* \*  |
|                 |                 | 62, 84.         |                 |
| 453.05625       | ....do......... |                 | PX              |
|                 |                 | \* \* \* \* \*  |                 |
| 453.0625        | ....do......... |                 | PX              |
|                 |                 | 44,             |                 |
| 453.06875       | ....do......... | 84...           | PX              |
|                 |                 | ............... |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 | \* \* \* \* \*  |
|                 |                 | 27,             |                 |
| 453.08125       | Base or mobile  | 84...           | PM              |
|                 |                 | ............... |                 |
| 453.0875        | ....do......... |                 | PX              |
|                 |                 | 44,             |                 |
| 453.09375       | ....do......... | 84...           | PM              |
|                 |                 | ............... |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 | \* \* \* \* \*  |
|                 |                 | \* \* \* \* \*  |                 |
| 453.10625       | ....do......... |                 | PX              |
|                 |                 | 44, 59, 60, 61, |                 |
| 453.1125        | ....do......... | 62, 84.         | PX\             |
|                 |                 |                 | PX              |
| 453.11875       | ....do......... | 27, 59, 60, 61, |                 |
|                 |                 | 62, 84.         | \* \* \* \* \*  |
| \* \* \* \* \*  | \* \* \* \* \*  |                 |                 |
|                 |                 | 44, 59, 60, 61, | PM              |
| 453.13125       | Base or mobile  | 62, 84.         |                 |
|                 |                 |                 | PX              |
| 453.1375        | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 | PM              |
| 453.14375       | ....do......... | 44,             |                 |
|                 |                 | 84...           | \* \* \* \* \*  |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 | PX              |
| 453.88125       | ....do......... | 27,             |                 |
|                 |                 | 84...           | PX              |
| 453.8875        | ....do......... | ............... |                 |
|                 |                 |                 | PX              |
| 453.89375       | ....do......... | 44,             |                 |
|                 |                 | 84...           | \* \* \* \* \*  |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 | PX              |
| 453.90625       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 | PX              |
| 453.9125        | ....do......... | 44, 59, 60, 61, |                 |
|                 |                 | 62, 84.         | PX              |
| 453.91875       | ....do......... |                 |                 |
|                 |                 | 27, 59, 60, 61, | \* \* \* \* \*  |
| \* \* \* \* \*  | \* \* \* \* \*  | 62, 84.         |                 |
|                 |                 |                 | PX              |
| 453.93125       | ....do......... | 44, 59, 60, 61, |                 |
|                 |                 | 62, 84.         | PX              |
| 453.9375        | ....do......... |                 |                 |
|                 |                 | \* \* \* \* \*  | PX              |
| 453.94375       | ....do......... |                 |                 |
|                 |                 | 44,             | \* \* \* \* \*  |
| \* \* \* \* \*  | \* \* \* \* \*  | 84...           |                 |
|                 |                 | ............... | PX              |
| 453.95625       | ....do......... |                 |                 |
|                 |                 | 27,             | PX              |
| 453.9625        | ....do......... | 84...           |                 |
|                 |                 | ............... | PX              |
| 453.96875       | ....do......... |                 |                 |
|                 |                 | 44,             | \* \* \* \* \*  |
| \* \* \* \* \*  | \* \* \* \* \*  | 84...           |                 |
|                 |                 | ............... | PX              |
| 453.98125       | ....do......... |                 |                 |
|                 |                 | \* \* \* \* \*  | PX              |
| 453.9875        | ....do......... |                 |                 |
|                 |                 | 44,             | PX              |
| 453.99375       | ....do......... | 84...           |                 |
|                 |                 | ............... | \* \* \* \* \*  |
| \* \* \* \* \*  | \* \* \* \* \*  |                 |                 |
|                 |                 | 27,             | PM              |
| 458.03125       | Mobile.......   | 84...           |                 |
|                 |                 | ............... | PX              |
| 458.0375        | ....do......... |                 |                 |
|                 |                 | 44,             | PM              |
| 458.04375       | ....do......... | 84...           |                 |
|                 |                 | ............... | \* \* \* \* \*  |
| \* \* \* \* \*  | \* \* \* \* \*  |                 |                 |
|                 |                 | \* \* \* \* \*  | PX              |
| 458.05625       | ....do......... |                 |                 |
|                 |                 | 44,             | PX              |
| 458.0625        | ....do......... | 84...           |                 |
|                 |                 | ............... | PX              |
| 458.06875       | ....do......... |                 |                 |
|                 |                 | 27,             | \* \* \* \* \*  |
| \* \* \* \* \*  | \* \* \* \* \*  | 84...           |                 |
|                 |                 | ............... | PM              |
| 458.08125       | Mobile.......   |                 |                 |
|                 |                 | 44,             | PX              |
| 458.0875        | ....do......... | 84...           |                 |
|                 |                 | ............... | PM              |
| 458.09375       | ....do......... |                 |                 |
|                 |                 | \* \* \* \* \*  | \* \* \* \* \*  |
| \* \* \* \* \*  | \* \* \* \* \*  |                 |                 |
|                 |                 | 44,             | PX              |
| 458.10625       | ....do......... | 84...           |                 |
|                 |                 | ............... | PX\             |
| 458.1125        | ....do......... |                 | PX              |
|                 |                 | 27,             |                 |
| 458.11875       | ....do......... | 84...           | \* \* \* \* \*  |
|                 |                 | ............... |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 | PM              |
|                 |                 | 44,             |                 |
| 458.13125       | Mobile.......   | 84...           | PX              |
|                 |                 | ............... |                 |
| 458.1375        | ....do......... |                 | PM              |
|                 |                 | \* \* \* \* \*  |                 |
| 458.14375       | ....do......... |                 | \* \* \* \* \*  |
|                 |                 | 44,             |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 84...           | PX              |
|                 |                 | ............... |                 |
| 458.88125       | ....do......... |                 | PX              |
|                 |                 | 27,             |                 |
| 458.8875        | ....do......... | 84...           | PX              |
|                 |                 | ............... |                 |
| 458.89375       | ....do......... |                 | \* \* \* \* \*  |
|                 |                 | 44,             |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 84...           | PX              |
|                 |                 | ............... |                 |
| 458.90625       | ....do......... |                 | PX              |
|                 |                 | \* \* \* \* \*  |                 |
| 458.9125        | ....do......... |                 | PX              |
|                 |                 | 44, 59, 61, 62, |                 |
| 458.91875       | ....do......... | 84.             | \* \* \* \* \*  |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 27, 59, 61, 62, | PX              |
|                 |                 | 84.             |                 |
| 458.93125       | ....do......... |                 | PX              |
|                 |                 | 44, 59, 61, 62, |                 |
| 458.9375        | ....do......... | 84.             | PX              |
|                 |                 |                 |                 |
| 458.94375       | ....do......... | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 44,             | PX              |
|                 |                 | 84...           |                 |
| 458.95625       | ....do......... | ............... | PX              |
|                 |                 |                 |                 |
| 458.9625        | ....do......... | 27,             | PX              |
|                 |                 | 84...           |                 |
| 458.96875       | ....do......... | ............... | \* \* \* \* \*  |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 44,             | PX              |
|                 |                 | 84...           |                 |
| 458.98125       | ....do......... | ............... | PX              |
|                 |                 |                 |                 |
| 458.9875        | ....do......... | \* \* \* \* \*  | PX              |
|                 |                 |                 |                 |
| 458.99375       | ....do......... | 44, 59, 61, 62, | \* \* \* \* \*  |
|                 |                 | 84.             |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 | PP              |
|                 |                 | 27, 59, 61, 62, |                 |
| 460.48125       | ....do......... | 84.             | PP              |
|                 |                 |                 |                 |
| 460.4875        | ....do......... | 44, 59, 61, 62, | PP              |
|                 |                 | 84.             |                 |
| 460.49375       | ....do......... |                 | \* \* \* \* \*  |
|                 |                 | \* \* \* \* \*  |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 | PP              |
|                 |                 | 44,             |                 |
| 460.50625       | ....do......... | 84...           | PP              |
|                 |                 | ............... |                 |
| 460.5125        | ....do......... |                 | PP              |
|                 |                 | 27,             |                 |
| 460.51875       | ....do......... | 84...           | \* \* \* \* \*  |
|                 |                 | ............... |                 |
| \* \* \* \* \*  | \* \* \* \* \*  |                 | PP, PF, PM      |
|                 |                 | 44,             |                 |
| 460.53125       | ....do......... | 84...           | PP, PF, PM      |
|                 |                 | ............... |                 |
| 460.5375        | ....do......... |                 | PP, PF, PM      |
|                 |                 | \* \* \* \* \*  |                 |
| 460.54375       | ....do......... |                 | \* \* \* \* \*  |
|                 |                 | 44, 59, 61, 62, |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 84.             | PP, PF, PM      |
|                 |                 |                 |                 |
| 460.55625       | ....do......... | 27, 59, 61, 62, | PP, PF, PM      |
|                 |                 | 84.             |                 |
| 460.5625        | ....do......... |                 | PP, PF, PM      |
|                 |                 | 44, 59, 61, 62, |                 |
| 460.56875       | ....do......... | 84.             | \* \* \* \* \*  |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  | PP              |
|                 |                 |                 |                 |
| 465.48125       | ....do......... | 44,             | PP              |
|                 |                 | 84...           |                 |
| 465.4875        | ....do......... | ............... | PP              |
|                 |                 |                 |                 |
| 465.49375       | ....do......... | 27,             | \* \* \* \* \*  |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... | PP              |
|                 |                 |                 |                 |
| 465.50625       | ....do......... | 44,             | PP              |
|                 |                 | 84...           |                 |
| 465.5125        | ....do......... | ............... | PP              |
|                 |                 |                 |                 |
| 465.51875       | ....do......... | \* \* \* \* \*  | \* \* \* \* \*  |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 44,             | PP, PF, PM      |
|                 |                 | 84...           |                 |
| 465.53125       | ....do......... | ............... | PP, PF, PM      |
|                 |                 |                 |                 |
| 465.5375        | ....do......... | 27,             | PP, PF, PM      |
|                 |                 | 84...           |                 |
| 465.54375       | ....do......... | ............... | \* \* \* \* \*  |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 44,             | PP, PF, PM      |
|                 |                 | 84...           |                 |
| 465.55625       | ....do......... | ............... | PP, PF, PM      |
|                 |                 |                 |                 |
| 465.5625        | ....do......... | \* \* \* \* \*  | PP, PF, PM      |
|                 |                 |                 |                 |
| 465.56875       | ....do......... | 44,             | \* \* \* \* \*  |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 27,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 27,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 27,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 27,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 27,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 27,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 27,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 27,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 27,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 27,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 27,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 44,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
+-----------------+-----------------+-----------------+-----------------+

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

\(84\) Operation on this frequency is subject to the low power
provisions of § 90.267. This frequency is assigned to the Public Safety
Group in the low power pool.

\* \* \* \* \*

105. Section 90.35 is amended by revising the table in paragraph (b)(3),
     revising paragraph (c)(67) and adding new paragraphs (c)(83),
     (c)(84), (c)(85), (c)(86) and (c)(87):

**§ 90.35 Industrial/Business Pool.**

\* \* \* \* \*

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

\(3\) \* \* \*

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLE

+-----------------+-----------------+-----------------+-----------------+
| Frequency or    | Class of        | Limitations     | Coordinator     |
| band            | station(s)      |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \*     |
|                 |                 |                 |                 |
| 451.18125       | ....do......... | 33,             | LA              |
|                 |                 | 84...           |                 |
| 451.1875        | ....do......... | ............... | LA              |
|                 |                 |                 |                 |
| 451.19375       | ....do......... | 83,             | LA              |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... | \* \* \* \* \*  |
|                 |                 |                 |                 |
| 451.23125       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 451.2375        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 451.24375       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 451.28125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 451.2875        | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 451.29375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 451.30625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 451.3125        | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 451.31875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 451.33125       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 451.3375        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 451.34375       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 451.35625       | ....do......... | \* \* \* \* \*  |                 |
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| 456.70625       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 456.7125        | ....do......... | ............... |                 |
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| 456.71875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 456.73125       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 456.7375        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 456.74375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 84...           |                 |
| 456.75625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 456.7625        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 456.76875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 457.03125       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.0375        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.04375       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 457.05625       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.0625        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.06875       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.08125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.0875        | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 457.09375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.10625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.1125        | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 457.11875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
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| 457.13125       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 457.1375        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.14375       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 457.15625       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 457.1625        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.16875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 84...           |                 |
| 457.18125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.1875        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.19375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 457.28125       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.2875        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.29375       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 457.30625       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.3125        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.31875       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.40625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.4125        | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 457.41875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.48125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.4875        | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 457.49375       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 457.50625       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 457.5125        | ....do......... | ............... |                 |
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| 457.51875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 457.63125       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 457.6375        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.64375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 84...           |                 |
| 457.65625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.6625        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.66875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 457.68125       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.6875        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.69375       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
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| 457.70625       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.7125        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.71875       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.75625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.7625        | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 457.76875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.78125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.7875        | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 457.79375       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
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| 457.80625       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 457.8125        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.81875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 457.83125       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 457.8375        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.84375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 84...           |                 |
| 457.85625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.8625        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.86875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 457.88125       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.8875        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.89375       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 457.98125       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 457.9875        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 457.99375       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 460.90625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 460.9125        | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 460.91875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 460.93125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 460.9375        | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 460.94375       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 460.95625       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 460.9625        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 460.96875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 460.98125       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 460.9875        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 460.99375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 84...           |                 |
| 461.00625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 461.0125        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.01875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 461.03125       | Mobile.......   | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.0375        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 461.04375       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 461.050         | Base or mobile  | ............... |                 |
|                 |                 |                 |                 |
| 461.05625       | Mobile.......   | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.0625        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 461.06875       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 461.075         | Base or mobile  | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.08125       | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| 461.0875        | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 461.09375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 461.100         | Base or mobile  | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.10625.      | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| 461.1125        | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 461.11875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.125         | Base or mobile  | ............... |                 |
|                 |                 |                 |                 |
| 461.13125       | Mobile.......   | 83,             |                 |
|                 |                 | 84...           |                 |
| 461.1375        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 461.14375       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.150         | Base or mobile  | ............... |                 |
|                 |                 |                 |                 |
| 461.15625       | Mobile.......   | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 461.1625        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.16875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 461.175         | Base or mobile  | 83,             |                 |
|                 |                 | 84...           |                 |
| 461.18125       | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| 461.1875        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.19375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 461.200         | Base or mobile  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 461.20625       | Mobile.......   | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.2125        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 461.21875       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 461.225         | Base or mobile  | ............... |                 |
|                 |                 |                 |                 |
| 461.23125       | Mobile.......   | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.2375        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 461.24375       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 461.250         | Base or mobile  | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.25625       | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| 461.2625        | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 461.26875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 461.275         | Base or mobile  | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.28125       | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| 461.2875        | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 461.29375       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.300         | Base or mobile  | ............... |                 |
|                 |                 |                 |                 |
| 461.30625       | Mobile.......   | 83,             |                 |
|                 |                 | 84...           |                 |
| 461.3125        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 461.31875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.325         | Base or mobile  | ............... |                 |
|                 |                 |                 |                 |
| 461.33125       | Mobile.......   | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 461.3375        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.34375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 461.350         | Base or mobile  | 83,             |                 |
|                 |                 | 84...           |                 |
| 461.35625       | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| 461.3625        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 461.36875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 461.375         | Base or mobile  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.18125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 462.1875        | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 462.19375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.20625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 462.2125        | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 462.21875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 462.23152       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 462.2375        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 462.24375       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 462.25625       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 462.2625        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.26875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 84...           |                 |
| 462.28125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 462.2875        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.29375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 462.30625       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.3125        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 462.31875       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 462.33125       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.3375        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 462.34375       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.35625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 462.3625        | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 462.36875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.38125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 462.3875        | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 462.39375       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
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| 462.40625       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 462.4125        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 462.41875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 462.43125       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 462.4375        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.44375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 84...           |                 |
| 462.45625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 462.4625        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.46875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |                 |
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| 462.48125       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.4875        | ....do......... | ............... |                 |
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| 462.49375       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
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| 462.50625       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.5125        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 462.51875       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.7625        | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 84...           |                 |
| 462.7875        | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.8125        | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 462.8375        | Mobile.......   | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 462.8625        | Mobile.......   | 83,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
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| 462.8875        | Mobile.......   | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 462.9125        | Mobile.......   | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 462.9375        | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 84...           |                 |
| 464.48125       | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| 464.4875        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 464.500         | Base or mobile  | ............... |                 |
|                 |                 |                 |                 |
| 464.5125        | Mobile.......   | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 464.51875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 464.525         | Base or mobile  | ............... |                 |
|                 |                 |                 |                 |
| 464.53125       | Mobile.......   | 83,             |                 |
|                 |                 | 84...           |                 |
| 464.5375        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 464.550         | Base or mobile  | 33,             |                 |
|                 |                 | 84...           |                 |
| 464.5625        | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| 464.56875       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 464.9875        | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 84...           |                 |
| 465.0125        | Mobile.......   | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 465.90625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 465.9125        | ....do......... | \* \* \* \* \*  |                 |
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| 465.91875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
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| 465.93125       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 465.9375        | ....do......... | ............... |                 |
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| 465.94375       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 465.95625       | ....do......... | \* \* \* \* \*  |                 |
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| 465.9625        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 465.96875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 84...           |                 |
| 465.98125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 465.9875        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 465.99375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 466.00625       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 466.0125        | ....do......... | ............... |                 |
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| 466.01875       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 466.03125       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 466.0375        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 466.04375       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 466.05625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 466.0625        | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 466.06875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 466.08125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 466.0875        | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 466.09375       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 466.10625.      | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 466.1125        | ....do......... | ............... |                 |
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| 466.11875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 466.13125       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 466.1375        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 466.14375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 84...           |                 |
| 466.15625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 466.1625        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 466.16875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
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| 466.18125       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 466.1875        | ....do......... | ............... |                 |
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| 466.19375       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 466.20625       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 466.2125        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 466.21875       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 466.23125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 466.2375        | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 466.24375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 466.25625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 466.2625        | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 466.26875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
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| 466.28125       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 466.2875        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 466.29375       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 466.30625       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 466.3125        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 466.31875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 84...           |                 |
| 466.33125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 466.3375        | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 466.34375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
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| 466.35625       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 466.3625        | ....do......... | ............... |                 |
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| 466.36875       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
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| 467.18125       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| 467.1875        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 467.19375       | ....do......... | \* \* \* \* \*  |                 |
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| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 467.20625       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 467.2125        | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 467.21875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33,             |                 |
|                 |                 | 84...           |                 |
| 467.23152       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 467.2375        | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 467.24375       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
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| 467.25625       | ....do......... | 83,             |                 |
|                 |                 | 84...           |                 |
| 467.2625        | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 467.26875       | ....do......... | 33,             |                 |
|                 |                 | 84...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
|                 |                 |                 |                 |
| 467.28125       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 467.2875        | ....do......... | 33, 63, 65, 87. |                 |
|                 |                 |                 |                 |
| 467.29375       | ....do......... | 63, 65, 83, 87. |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33, 63, 65, 87. |                 |
|                 |                 |                 |                 |
| 467.30625       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 467.3125        | ....do......... | 33, 63, 65, 87. |                 |
|                 |                 |                 |                 |
| 467.31875       | ....do......... | 63, 65, 83, 87. |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33, 63, 65, 87. |                 |
|                 |                 |                 |                 |
| 467.33125       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 467.3375        | ....do......... | 33, 63, 65, 87. |                 |
|                 |                 |                 |                 |
| 467.34375       | ....do......... | 63, 65, 83, 87. |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33, 63, 65, 87. |                 |
|                 |                 |                 |                 |
| 467.35625       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 467.3625        | ....do......... | 33, 65, 66, 87. |                 |
|                 |                 |                 |                 |
| 467.36875       | ....do......... | 65, 66, 83, 87. |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33, 65, 66, 87. |                 |
|                 |                 |                 |                 |
| 467.38125       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 467.3875        | ....do......... | 33, 65, 66, 87. |                 |
|                 |                 |                 |                 |
| 467.39375       | ....do......... | 65, 66, 83, 87. |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 33, 65, 66, 87. |                 |
|                 |                 |                 |                 |
| 467.40625       | ....do......... | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
| 467.4125        | ....do......... | 33,             |                 |
|                 |                 | 86...           |                 |
| 467.41875       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 83,             |                 |
|                 |                 | 86...           |                 |
| 467.43125       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| 467.4375        | ....do......... | 33,             |                 |
|                 |                 | 86...           |                 |
| 467.44375       | ....do......... | ............... |                 |
|                 |                 |                 |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 62........      |                 |
|                 |                 | ............... |                 |
| 467.45625       | ....do......... |                 |                 |
|                 |                 | 33,             |                 |
| 467.4625        | ....do......... | 86...           |                 |
|                 |                 | ............... |                 |
| 467.46875       | ....do......... |                 |                 |
|                 |                 | 83,             |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | 86...           |                 |
|                 |                 | ............... |                 |
| 467.48125       | ....do......... |                 |                 |
|                 |                 | 33,             |                 |
| 467.4875        | ....do......... | 86...           |                 |
|                 |                 | ............... |                 |
| 467.49375       | ....do......... |                 |                 |
|                 |                 | 62........      |                 |
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| 467.50625       | ....do......... | 33,             |                 |
|                 |                 | 86...           |                 |
| 467.5125        | ....do......... | ............... |                 |
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| 467.51875       | ....do......... | 83,             |                 |
|                 |                 | 86...           |                 |
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| 467.8625        | ....do......... | 33,             |                 |
|                 |                 | 86...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
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| 467.8875        | ....do......... | 62........      |                 |
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| 467.9125        | ....do......... | 86...           |                 |
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| 467.9375        | ....do......... | 86...           |                 |
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| 469.48125       | ....do......... | 86...           |                 |
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| 469.4875        | ....do......... |                 |                 |
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| 469.5125        | ....do......... | 33,             |                 |
|                 |                 | 86...           |                 |
| 469.51875       | ....do......... | ............... |                 |
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|                 |                 | 86...           |                 |
| 469.53125       | ....do......... | ............... |                 |
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| 469.5375        | ....do......... | 33,             |                 |
|                 |                 | 86...           |                 |
| \* \* \* \* \*  | \* \* \* \* \*  | ............... |                 |
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| 469.5625        | ....do......... | 62........      |                 |
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| \* \* \* \* \*  | \* \* \* \* \*  | 86...           |                 |
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|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 67,             |                 |
|                 |                 | 86....          |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 67,             |                 |
|                 |                 | 86....          |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 67,             |                 |
|                 |                 | 86....          |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 67,             |                 |
|                 |                 | 86....          |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 67,             |                 |
|                 |                 | 86....          |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 67,             |                 |
|                 |                 | 86....          |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 67,             |                 |
|                 |                 | 86....          |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 88.........     |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 10,             |                 |
|                 |                 | 34...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 62........      |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 10,             |                 |
|                 |                 | 34...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | ..........      |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 88........      |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33, 63,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | 63, 83,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | 33, 63,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33, 63,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | 63, 83,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | 33, 63,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33, 63,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | 63, 83,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | 33, 63,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33, 66,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | 66, 83,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | 33, 66,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33, 66,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | 66, 69, 83, 87. |                 |
|                 |                 |                 |                 |
|                 |                 | 33, 66,         |                 |
|                 |                 | 87............. |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 85              |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 84...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 67,             |                 |
|                 |                 | 86....          |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 67,             |                 |
|                 |                 | 86....          |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 67,             |                 |
|                 |                 | 86....          |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 88.........     |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
|                 |                 |                 |                 |
|                 |                 | 83,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | 33,             |                 |
|                 |                 | 86...           |                 |
|                 |                 | ............... |                 |
|                 |                 |                 |                 |
|                 |                 | \* \* \* \* \*  |                 |
+-----------------+-----------------+-----------------+-----------------+

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

\(67\) Medical telemetry operations are authorized on this frequency on
a secondary basis. Medical telemetry operations are subject to the
provisions of § 90.267(h)(2). Itinerant operations on this frequency
will be prohibited until the end of the freeze on the filing of high
power applications for 12.5 kHz offset channels in the 460-470 MHz band.

\* \* \* \* \*

\(83\) Telemetry operations on this frequency will be authorized
pursuant to §90.267.

\(84\) Operation on this frequency is subject to the low power
provisions of § 90.267. This frequency is assigned to Group A in the low
power pool.

\(85\) Operation on this frequency is subject to the low power
provisions of § 90.267. This frequency is assigned to Group B in the low
power pool.

\(86\) Operation on this frequency is subject to the low power
provisions of § 90.267. This frequency is assigned to Group C in the low
power pool.

\(87\) Operation on this frequency is subject to the low power
provisions of § 90.267. This frequency is assigned to Group D in the low
power pool.

\(88\) 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).

> \* \* \* \* \*

106. Section 90.238 is amended by revising paragraphs (g) and (i) to
     read as follows:

     **§90.238 Telemetry operations.**

\* \* \* \* \*

\(g\) 450-470 MHz band (as available for secondary fixed operations in
accordance with § 90.261 and for low power operations in accordance with
§ 90.267).

\* \* \* \* \*

\(i\) For Industrial/Business frequencies which are not governed by
paragraphs (a) through (h), on frequencies available for operations up
to 2 watts.

\* \* \* \* \*

107. Section 90.261 is amended by revising paragraph (f) to read as
     follows:

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

\* \* \* \* \*

\(f\) Secondary fixed operations pursuant to paragraph (a) of this
section will not be authorized on the following frequencies or on
frequencies subject to § 90.267:

\* \* \* \* \*

108. Section 90.267 is amended to read as follows:

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

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

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

\(1\) Group A1 frequencies are available for voice and non-voice
operations on a co-primary basis. Base, mobile and operational fixed
stations will be authorized on Group A1 frequencies. Fixed stations may
be licensed as mobile.

\(2\) Within 80 kilometers (50 miles) of the specified coordinates of
the top 100 urban areas listed in § 90.741 of this chapter ("80 km
circles") only low power operation will be authorized. The coordinates
of an operational fixed or base station and the geographic center
(latitude and longitude) of a mobile area of operation determine whether
a station is within an "80 km circle."

> \(i\) The maximum ERP for low power operation on Group A1 frequencies
> is as follows:

  ------------------------- ----------------------- -----------------------
  [Operation]{.underline}   [Low side of frequency  [High side of frequency
                            pair]{.underline}       pair]{.underline}

  Operational Fixed or Base 20 watts                6 watts

  Mobile                    6 watts                 6 watts

  Portable                  2 watts                 2 watts
  ------------------------- ----------------------- -----------------------

> \(ii\) The maximum antenna height for low power fixed stations on
> Group A1 frequencies will be 23 meters (75 feet) above ground.

\(3\) Outside the "80 km circles" defined in paragraph (b)(2),
full-power operational fixed, base, or mobile stations will be
authorized as follows:

> \(i\) power and antenna height limits are governed by § 90.205 of this
> chapter;
>
> \(ii\) for any operational fixed, base or mobile station exceeding the
> low power or antenna height limits listed in paragraph (b)(2), the 21
> dBu F(50,10) contour may not overlap any portion of an "80 km circle;"
> and,
>
> \(iii\) wide area operations will not be permitted. The area of normal
> day-to-day operations will be described in the application in terms of
> maximum distance from a geographic center (latitude and longitude).

\(4\) The Industrial/Business Pool Group A1 Low Power Frequencies are as
follows:

+-----------------+-----------------+-----------------+-----------------+
| 451/456.18125   | 451/456.58125   | 452/457.10625   | 452/457.70625   |
|                 |                 |                 |                 |
| 451/456.1875    | 451/456.5875    | 452/457.1125    | 452/457.7125    |
|                 |                 |                 |                 |
| 451/456.19375   | 451/456.59375   | 452/457.11875   | 452/457.71875   |
|                 |                 |                 |                 |
| 451/456.28125   | 451/456.60625   | 452/457.13125   | 452/457.78125   |
|                 |                 |                 |                 |
| 451/456.2875    | 451/456.6125    | 452/457.1375    | 452/457.7875    |
|                 |                 |                 |                 |
| 451/456.29375   | 451/456.61875   | 452/457.14375   | 452/457.79375   |
|                 |                 |                 |                 |
| 451/456.30625   | 451/456.65625   | 452/457.15625   | 452/457.80625   |
|                 |                 |                 |                 |
| 451/456.3125    | 451/456.6625    | 452/457.1625    | 452/457.8125    |
|                 |                 |                 |                 |
| 451/456.31875   | 451/456.66875   | 452/457.16875   | 452/457.81875   |
|                 |                 |                 |                 |
| 451/456.35625   | 451/456.68125   | 452/457.18125   | 452/457.83125   |
|                 |                 |                 |                 |
| 451/456.3625    | 451/456.6875    | 452/457.1875    | 452/457.8375    |
|                 |                 |                 |                 |
| 451/456.36875   | 451/456.69375   | 452/457.19375   | 452/457.84375   |
|                 |                 |                 |                 |
| 451/456.38125   | 451/456.70625   | 452/457.28125   | 452/457.88125   |
|                 |                 |                 |                 |
| 451/456.3875    | 451/456.7125    | 452/457.2875    | 452/457.8875    |
|                 |                 |                 |                 |
| 451/456.39375   | 451/456.71875   | 452/457.29375   | 452/457.89375   |
|                 |                 |                 |                 |
| 451/456.40625   | 451/456.73125   | 452/457.48125   | 452/457.98125   |
|                 |                 |                 |                 |
| 451/456.4125    | 451/456.7375    | 452/457.4875    | 452/457.9875    |
|                 |                 |                 |                 |
| 451/456.41875   | 451/456.74375   | 452/457.49375   | 452/457.99375   |
|                 |                 |                 |                 |
| 451/456.45625   | 451/456.75625   | 452.5           | 462/467.18125   |
|                 |                 | 3125 (unpaired) |                 |
| 451/456.4625    | 451/456.7625    |                 | 462/467.1875    |
|                 |                 | 452.            |                 |
| 451/456.46875   | 451/456.76875   | 5375 (unpaired) | 462/467.19375   |
|                 |                 |                 |                 |
| 451/456.48125   | 452/457.03125   | 452.54375       | 462/467.45625   |
|                 |                 | (unpaired)      |                 |
| 451/456.4875    | 452/457.0375    |                 | 462/467.4625    |
|                 |                 | 452/457.63125   |                 |
| 451/456.49375   | 452/457.04375   |                 | 462/467.46875   |
|                 |                 | 452/457.6375    |                 |
| 451/456.50625   | 452/457.05625   |                 | 462/467.48125   |
|                 |                 | 452/457.64375   |                 |
| 451/456.5125    | 452/457.0625    |                 | 462/467.4875    |
|                 |                 | 452/457.65625   |                 |
| 451/456.51875   | 452/457.06875   |                 | 462/467.49375   |
|                 |                 | 452/457.6625    |                 |
| 451/456.55625   | 452/457.08125   |                 | 462/467.50625   |
|                 |                 | 452/457.66875   |                 |
| 451/456.5625    | 452/457.0875    |                 | 462/467.5125    |
|                 |                 | 452/457.68125   |                 |
| 451/456.56875   | 452/457.09375   |                 | 462/467.51875   |
|                 |                 | 452/457.6875    |                 |
|                 |                 |                 |                 |
|                 |                 | 452/457.69375   |                 |
+-----------------+-----------------+-----------------+-----------------+

\(c\) *Group A2 Frequencies.* The Industrial/Business Pool frequencies
in Group A2 are available nationwide on a coordinated basis, pursuant §
90.35(b)(2) and §90.175(b) as follows:

\(1\) Group A2 frequencies are available for voice and non-voice
operations on a co-primary basis. Base, mobile or operational fixed
stations will be authorized on Group A2 frequencies. Fixed stations may
be licensed as mobile.

\(2\) Low power operation will be authorized nationwide on Group A2
frequencies.

> \(i\) The maximum ERP for low power operation on these frequencies is
> as follows:

  ------------------------- ----------------------- -----------------------
  [Operation]{.underline}   [Low side of frequency  [High side of frequency
                            pair]{.underline}       pair]{.underline}

  Operational Fixed or Base 20 watts                6 watts

  Mobile                    6 watts                 6 watts

  Portable                  2 watts                 2 watts
  ------------------------- ----------------------- -----------------------

\(ii\) The maximum antenna height for low power fixed stations will be
23 meters (75 feet) above ground.

\(3\) The Industrial/Business Pool Group A2 Low Power Frequencies are as
follows:

+-----------------+-----------------+-----------------+-----------------+
| 451/456.23125   | 451/456.53125   | 452/457.40625   | 452/457.85625   |
|                 |                 |                 |                 |
| 451/456.2375    | 451/456.5375    | 452/457.4125    | 452/457.8625    |
|                 |                 |                 |                 |
| 451/456.24375   | 451/456.54375   | 452/457.41875   | 452/457.86875   |
|                 |                 |                 |                 |
| 451/456.33125   | 451/456.63125   | 452/457.50625   |                 |
|                 |                 |                 |                 |
| 451/456.3375    | 451/456.6375    | 452/457.5125    |                 |
|                 |                 |                 |                 |
| 451/456.34375   | 451/456.64375   | 452/457.51875   |                 |
|                 |                 |                 |                 |
| 451/456.43125   | 452/457.30625   | 452/457.75625   |                 |
|                 |                 |                 |                 |
| 451/456.4375    | 452/457.3125    | 452/457.7625    |                 |
|                 |                 |                 |                 |
| 451/456.44375   | 452/457.31875   | 452/457.76875   |                 |
+-----------------+-----------------+-----------------+-----------------+

\(d\) Group *B Frequencies.* The Industrial/Business Pool frequencies in
Group B are available nationwide on a coordinated basis, pursuant to §
90.35(b)(2) and §90.175(b) as follows:

\(1\) Group B frequencies are available for non-voice operations on a
primary basis. Voice operations will be permitted on a secondary basis.
Base, mobile or operational fixed stations will be authorized on Group B
frequencies. Fixed stations may be licensed as mobile.

\(2\) Operation on these frequencies is limited to 6 watts ERP for base,
mobile or operational fixed stations and 2 watts ERP for portable units.
A maximum antenna height of 23 meters (75 feet) above ground is
authorized for fixed stations.

\(3\) The Industrial/Business Pool Group B Frequencies are as follows:

+-----------------+-----------------+-----------------+-----------------+
| 462/467.20625   | 462/467.28125   | 462/467.35625   | 462/467.43125   |
|                 |                 |                 |                 |
| 462/467.2125    | 462/467.2875    | 462/467.3625    | 462/467.4375    |
|                 |                 |                 |                 |
| 462/467.21875   | 462/467.29375   | 462/467.36875   | 462/467.44375   |
|                 |                 |                 |                 |
| 462/467.23152   | 462/467.30625   | 462/467.38125   |                 |
|                 |                 |                 |                 |
| 462/467.2375    | 462/467.3125    | 462/467.3875    |                 |
|                 |                 |                 |                 |
| 462/467.24375   | 462/467.31875   | 462/467.39375   |                 |
|                 |                 |                 |                 |
| 462/467.25625   | 462/467.33125   | 462/467.40625   |                 |
|                 |                 |                 |                 |
| 462/467.2625    | 462/467.3375    | 462/467.4125    |                 |
|                 |                 |                 |                 |
| 462/467.26875   | 462/467.34375   | 462/467.41875   |                 |
+-----------------+-----------------+-----------------+-----------------+

\(e\) Group *C Frequencies.* The Industrial/Business Pool frequencies in
Group C are available nationwide for non-coordinated itinerant use as
follows.

\(1\) Group C frequencies are available for voice and non-voice
operations on a co-primary basis. Only mobile operations will be
authorized on Group C frequencies. Stations may operate at fixed
locations for a temporary period of time. No stations operating at a
permanent fixed location will be authorized on Group C frequencies.

\(2\) Operation on these frequencies is limited to 6 watts effective
radiated power for fixed or mobile units and 2 watts ERP for portable
units. Stations operating at fixed locations for a temporary period of
time will be limited to an antenna height of 7 meters (20 feet) above
ground.

\(3\) The frequencies in Group C that are subject to the provisions of
§90.35(b)(67) will not be available for itinerant use until the end of
the freeze on the filing of high power applications for 12.5 kHz offset
channels in the 460-470 MHz band.

\(4\) The Industrial/Business Pool Group C Low Power Frequencies are as
follows:

+-----------------+-----------------+-----------------+-----------------+
| 461/466.03125   | 461/466.15625   | 461/466.28125   | 462.8375        |
|                 |                 |                 | (unpaired)      |
| 461/466.0375    | 461/466.1625    | 461/466.2875    |                 |
|                 |                 |                 | 462/467.8625    |
| 461/466.04375   | 461/466.16875   | 461/466.29375   | 462/467.8875    |
|                 |                 |                 |                 |
| 461/466.05625   | 461/466.18125   | 461/466.30625   | 462/467.9125    |
|                 |                 |                 |                 |
| 461/466.0625    | 461/466.1875    | 461/466.3125    | 464/469.48125   |
|                 |                 |                 |                 |
| 461/466.06875   | 461/466.19375   | 461/466.31875   | 464/469.4875    |
|                 |                 |                 |                 |
| 461/466.08125   | 461/466.20625   | 461/466.33125   | 464/469.5125    |
|                 |                 |                 |                 |
| 461/466.0875    | 461/466.2125    | 461/466.3375    | 464/469.51875   |
|                 |                 |                 |                 |
| 461/466.09375   | 461/466.21875   | 461/466.34375   | 464/469.53125   |
|                 |                 |                 |                 |
| 461/466.10625.  | 461/466.23125   | 461/466.35625   | 464/469.5375    |
|                 |                 |                 |                 |
| 461/466.1125    | 461/466.2375    | 461/466.3625    | 464/469.5625    |
|                 |                 |                 |                 |
| 461/466.11875   | 461/466.24375   | 461/466.36875   | 464/469.56875   |
|                 |                 |                 |                 |
| 461/466.13125   | 461/466.25625   | 462.7625        |                 |
|                 |                 | (unpaired)      |                 |
| 461/466.1375    | 461/466.2625    |                 |                 |
|                 |                 | 462.7875        |                 |
| 461/466.14375   | 461/466.26875   | (unpaired)      |                 |
|                 |                 |                 |                 |
|                 |                 | 462.8125        |                 |
|                 |                 | (unpaired)      |                 |
+-----------------+-----------------+-----------------+-----------------+

\(f\) Group *D Frequencies.* The Industrial/Business Pool frequencies in
Group D are available for central station alarm operations on a
coordinated basis, pursuant to § 90.35(b)(2) and §90.175(b).

\(1\) Base, mobile or operational fixed stations will be authorized on
Group D frequencies. Fixed stations may be licensed as mobile.

\(2\) Group D frequencies subject to § 90.35(c)(63) are limited to
central station alarm use within the urban areas described in §
90.35(c)(63). Outside the urban areas described in § 90.35(c)(63), Group
D frequencies subject to § 90.35(c)(63) are available for general
Industrial/Business use on a coordinated basis, pursuant to §
90.35(b)(2) and §90.175(b).

\(3\) Group D frequencies subject to § 90.35(c)(66) are limited to
central station alarm use nationwide.

\(4\) Operation on Group D frequencies is limited to 2 watts output
power for mobile, base or operational fixed stations. Fixed stations
used for central station alarm operations may utilize antennas mounted
not more than 7 meters (20 feet) above a man-made supporting structure,
including antenna structure.

\(5\) The Industrial/Business Pool Group D Low Power Frequencies are as
follows:

+-----------------------+-----------------------+-----------------------+
| 460/465.90625         | 460/465.95625         | 461/466.00625         |
|                       |                       |                       |
| 460/465.9125          | 460/465.9625          | 461/466.0125          |
|                       |                       |                       |
| 460/466.91875         | 460/465.96875         | 461/466.01875         |
|                       |                       |                       |
| 460/465.93125         | 460/465.98125         |                       |
|                       |                       |                       |
| 460/465.9375          | 460/465.9875          |                       |
|                       |                       |                       |
| 460/465.94375         | 460/465.99375         |                       |
+-----------------------+-----------------------+-----------------------+

\(g\) *Low Power Public Safety Frequencies.* The frequencies in the
Public Safety Pool Low Power Group are available nationwide on a
coordinated basis, pursuant to § 90.20(c)(2) and § 90.175(b).

\(1\) Base, mobile or operational fixed stations will be authorized on
Public Safety Low Power frequencies. Fixed stations may be licensed as
mobile.

\(2\) Operation on these frequencies is limited to 6 watts effective
radiated power for base, mobile or operational fixed stations and 2
watts ERP for portable units. A maximum antenna height of 7 meters (20
feet) above ground is authorized for fixed stations.

\(3\) The Public Safety Pool Low Power Frequencies are as follows:

+-----------------+-----------------+-----------------+-----------------+
| 453/458.03125   | 453/458.13125   | 453/458.95625   | 460/465.53125   |
|                 |                 |                 |                 |
| 453/458.0375    | 453/458.1375    | 453/458.9625    | 460/465.5375    |
|                 |                 |                 |                 |
| 453/458.04375   | 453/458.14375   | 453/458.96875   | 460/465.54375   |
|                 |                 |                 |                 |
| 453/458.05625   | 453/458.88125   | 453/458.98125   | 460/465.55625   |
|                 |                 |                 |                 |
| 453/458.0625    | 453/458.8875    | 453/458.9875    | 460/465.5625    |
|                 |                 |                 |                 |
| 453/458.06875   | 453/458.89375   | 453/458.99375   | 460/465.56875   |
|                 |                 |                 |                 |
| 453/458.08125   | 453/458.90625   | 460/465.48125   |                 |
|                 |                 |                 |                 |
| 453/458.0875    | 453/458.9125    | 460/465.4875    |                 |
|                 |                 |                 |                 |
| 453/458.09375   | 453/458.91875   | 460/465.49375   |                 |
|                 |                 |                 |                 |
| 453/458.10625   | 453/458.93125   | 460/465.50625   |                 |
|                 |                 |                 |                 |
| 453/458.1125    | 453/458.9375    | 460/465.5125    |                 |
|                 |                 |                 |                 |
| 453/458.11875   | 453/458.94375   | 460/465.51875   |                 |
+-----------------+-----------------+-----------------+-----------------+

\(h\) Unless otherwise noted, the following conditions apply to all low
power frequencies:

\(1\) Except for itinerant operations on Group C, wide area operations
will not be authorized. The area of normal day-to-day operations will be
described in the application in terms of maximum distance from a
geographic center (latitude and longitude).

\(2\) A hospital or health care institution holding a license to operate
a radio station under this part may operate a medical radio telemetry
device with an output power not to exceed 20 milliwatts without specific
authorization from the Commission. All licensees operating under this
authority must comply with the requirements and limitations set forth in
this section.

\(3\) No limit shall be placed on the length or height above ground
level of any commercially manufactured radiating transmission line when
the transmission line is terminated in a non-radiating load and is
routed at least 7 meters (20 feet) interior to the edge of any structure
or is routed below ground level.

\(4\) Sea-based stations may utilize antennas mounted not more than 7
meters (20 feet) above a man-made supporting structure, including
antenna structures.

\(5\) Continuous carrier operations are prohibited on these frequencies.

\(6\) Unless specified elsewhere in this part, licensees as of August 5,
1999, licensed for operations with an emission designator wider than
11.25 kHz on low power frequencies that are subject to an authorized
bandwidth of 11.25 kHz, may obtain primary status with respect to
co-channel licensees by supplying their coordinates to the Commission.
These licensees will continue to operate on a secondary basis with
respect to adjacent channel licensees. Additionally, these licensees may
continue to operate with an authorized bandwidth wider than 11.25 kHz on
such low power frequencies, subject to the provisions of § 90.209(b) of
this chapter.

\(7\) Unless specified elsewhere in this part, licensees as of August 5,
1999, licensed for operations with an emission designator wider than
11.25 kHz on frequencies that are subject to an authorized bandwidth of
11.25 kHz, which are not low power frequencies, may obtain primary
status with respect to co-channel licensees by modifying their license
to low power frequencies, supplying their coordinates to the Commission,
and otherwise complying with the conditions of paragraphs (b) through
(g) of this section. These licensees will continue to operate on a
secondary basis with respect to adjacent channel licensees.
Additionally, these licensees may continue to operate with an authorized
bandwidth wider than 11.25 kHz on such low power frequencies, subject to
the provisions of § 90.209(b) of this chapter.

\(8\) Applicants proposing to operate with an authorized bandwidth wider
than 11.25 kHz, on low power frequencies that are subject to an
authorized bandwidth of 11.25 kHz, may be licensed on a secondary,
non-interference basis. Such applicants are subject to the conditions of
paragraphs (b) through (g) of this section and the provisions of §
90.209(b) of this chapter.

APPENDIX C

LIST OF COMMENTERS

[Comments]{.underline}

AES Corporation

Allina Health Systems

American Mobile Telecommunications Association, Inc.

American Petroleum Institute

American Water Works Association

Association of American Railroads

Central Station Alarm Association

Cook County Hospital

Dataradio COR, Ltd.

Enalasys Corporation

Hexagram, Inc.

The Industrial Telecommunications Association, Inc.

The Land Mobile Communications Council

Motorola

Pacific Crest Corporation

Personal Communications Industry Association

Philips Medical Systems

Spacelabs Medical, Inc.

The Toro Company

United Telecom Council

Trimble Navigation Limited

[Reply Comments]{.underline}

American Hospital Association Task Force on Medical Telemetry

American Petroleum Institute

Central Station Alarm Association

Dataradio

Enalasys Corporation

Hexagram, Inc.

Land Mobile Communications Council

Pacific Crest Corporation

Philips Medical

The Toro Company

Trimble Navigation Limited

United Telecom Council

[Ex Parte]{.underline}

Hexagram, Inc.

[^1]: 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, WT Docket No. 01-146, *Notice of
    Proposed Rule Making*, 16 FCC Rcd 14946 (2001).

[^2]: The LMCC is a non-profit association of organizations representing
    many users of land mobile radio systems, providers of land mobile
    services, and manufacturers of land mobile radio equipment. LMCC's
    membership includes all of the Commission's certified Part 90
    frequency coordinators.

[^3]: *See* para. 60, *infra*.

[^4]: The Commission first authorized the use of offset frequencies in
    the Business Radio Service in 1973. *See* Amendment of Parts 2 and
    91 of the Commission\'s Rules to Permit Medical Telemetry and Other
    Low Power Uses of Offset Frequencies in the Business Radio Service,
    Docket No. 19478, *First Report and Order*, 41 FCC 2d 8 (1973). In
    1981, the use of offset frequencies was expanded to all eligibles in
    the PLMR 450-470 MHz band. *See* Amendment of Subpart D of Part 90
    of the Commission's Rules and Regulations to Permit the Use of
    12.5 kHz Offset Assignments in the 450-470 MHz Band in the Private
    Land Mobile Radio Services, PR Docket No. 80‑605, RM-3569, *Report
    and Order*, 87 FCC 2d 647 (1981).

[^5]: *See* Replacement of Part 90 by Part 88 to Revise the Private Land
    Mobile Radio Services and Modify the Policies Governing Them and
    Examination of Exclusivity and Frequency Assignment Policies of the
    Private Land Mobile Services, PR Docket No. 92-235, *Second Report
    and Order,* 12 FCC Rcd 14307, 14338-39 ¶ 60 (1997) (*Refarming
    Second R&O*).

[^6]: Replacement of Part 90 by Part 88 to Revise the Private Land
    Mobile Radio Services and Modify the Policies Governing Them and
    Examination of Exclusivity and Frequency Assignment Policies of the
    Private Land Mobile Services, PR Docket No. 92-235, *Report and
    Order and Further Notice of Proposed Rule Making*, 10 FCC Rcd 10076,
    10110-11 ¶¶ 62-65 (1995) (*Refarming R&O*). Former offset channels
    are not regularly assignable for high power operations if designated
    by the frequency coordinators for low power use. See para. 5,
    *infra*.

[^7]: *Refarming R&O*, 10 FCC Rcd at 10110 ¶ 64; 47 C.F.R. § 90.267(a).

[^8]: ^?^ *Refarming R&O*, 10 FCC Rcd at 10111 ¶ 65. Low power licensees
    that elected to stay on their current channel could obtain primary
    status by raising output power, supplying station coordinates, and
    providing justification to raise output power. *Id*.

[^9]: *Id*.

[^10]: *See* Freeze on the Filing of High Power Applications for 12.5
    kHz Offset Channels in the 450-470 MHz Band, DA 95-1771, *Public
    Notice*, 10 FCC Rcd 9995 (1995). Under the "old" rules, users of the
    low power offset channels were permitted 2 watts output power in all
    services except the Special Industrial Radio Service, in which
    entities were eligible to be licensed at an effective radiated power
    of up to 100 watts.

[^11]: *Id*. The freeze also allowed the Commission to consider the
    potential for interference to medical telemetry devices, which
    ultimately led to the establishment of specific channels for such
    use. *See* Amendment of Parts 2 and 95 of the Commission's Rules to
    Create a Wireless Medical Telemetry Service, ET Docket 99-255,
    *Report and Order*, 15 FCC Rcd 11206 (2000) (*Medical Telemetry
    R&O*).

[^12]: *Refarming Second R&O*, 12 FCC Rcd at 14315-14319 ¶¶ 15-21.

[^13]: *Id*. at 14340-41 ¶ 63.

[^14]: *See* Letter from Larry Miller, President, LMCC, to Daniel
    Phythyon, Acting Chief, Wireless Telecommunications Bureau, FCC,
    dated June 4, 1997 (Consensus Plan).

[^15]: *See* Letter from Larry Miller, President, LMCC, to Daniel
    Phythyon, Acting Chief, Wireless Telecommunications Bureau, FCC,
    dated August 21, 1997 (Low Power Plan).

[^16]: *See* Replacement of Part 90 by Part 88 to Revise the Private
    Land Mobile Radio Services and Modify the Policies Governing Them
    and Examination of Exclusivity and Frequency Assignment Policies of
    the Private Land Mobile Services, PR Docket No. 92-235, *Second
    Memorandum Opinion and Order*, 14 FCC Rcd 8642, 8660 ¶ 37 (1999)
    (*Refarming Second MO&O*). *See also* Office Of Engineering And
    Technology Requests Information On Medical Telemetry Equipment
    Operating in the 450-460 MHz Band, *Public Notice*, 15 FCC Rcd 8324
    (1999).

[^17]: *Medical Telemetry R&O*, 15 FCC Rcd at 11206. Based on the
    limited usage of the 450-460 MHz band for medical telemetry, the
    Commission found that the freeze on high-power land mobile
    applications in the 450-460 MHz band should be lifted and it stated
    that the Wireless Telecommunications Bureau would issue a public
    notice to lift the freeze in this band "in the near future." *Id* at
    11227 ¶ 63. We note that the spectrum allocation for WMTS was
    changed from 1429-1432 MHz to 1427-1429.5 MHz. *See* Reallocation of
    the 216-220 MHz, 1390-1392 MHz, 1427-1429 MHz, 1429-1432 MHz,
    1432-1435 MHz, 1670-1675 MHz, and 2385-2390 MHz Government Transfer
    Bands, ET Docket No. 00-221, *Report and Order and Memorandum
    Opinion and Order,* 17 FCC Rcd 368, 392 ¶ 54 (2002).

[^18]: *Id.* at 11225 ¶ 57. The Commission noted that medical telemetry
    has no legal protection from interference in the current bands,
    including the 450-470 MHz band, because it is authorized on a
    secondary basis; however, "the fact remains that the Commission has
    had to take steps to protect medical telemetry from interference
    because it is used to protect safety of life." *Id*.

[^19]: *See* Wireless Telecommunications Bureau Accepts LMCC Low Power
    Plan for Part 90 450-470 MHz Band, *Public Notice*, 15 FCC Rcd 11598
    (2000) (*Low Power Public Notice*). In a companion public notice
    released the same day, WTB announced it was lifting the freeze.
    *See* Freeze on the Filing of High Power Applications for 12.5 kHz
    Offset Channels in the 450-460 MHz Band to be lifted January 29,
    2001, *Public Notice*, 15 FCC Rcd 9996 (2000). The freeze on the
    460-470 MHz segment of the band, however (where most medical
    telemetry operations are located), remains in effect until October
    2003. *Medical Telemetry R&O*, 15 FCC Rcd at 11227-28 ¶ 65.

[^20]: *See* 47 C.F.R. § 90.267. The regularly assignable channels are
    listed in Subpart B (Public Safety Radio Pool) and Subpart C
    (Industrial/Business Radio Pool) of Part 90. 47 C.F.R. § 90.267(a).

[^21]: 47 C.F.R. § 90.267(a)(3).

[^22]: Consensus Plan at 2.

[^23]: *Id*.

[^24]: *See NPRM,* 16 FCC Rcd at 14951-2 ¶¶ 8, 12.

[^25]: *Id*. at 14952 ¶ 12.

[^26]: 47 C.F.R. § 90.267(a)(3). The Commission has historically limited
    the power of transmitters in the private land mobile service using
    TPO. *See* Amendment of Part 89, 91 and 93 of the Commission's Rules
    and Regulations to Eliminate the Required Annual Measurement of
    Transmitter Power, Frequency and Modulation, and to Specify
    Transmitter Power in Terms of Output Power, Docket No. 20665,
    *Report and Order,* 60 FCC 2d 591 (1976).

[^27]: *NPRM,* 16 FCC Rcd at 14951 ¶ 10.

[^28]: *Id.*

[^29]: *See* Comments of the American Water Works Association (AWWA) at
    3 (AWWA Comments); Comments of Dataradio COR, Ltd. (Dataradio) at 5
    (Dataradio Comments).

[^30]: Comments of LMCC at 5 (LMCC Comments); Comments of the Personal
    Communications Industry Association (PCIA) at 2 (PCIA Comments).

[^31]: LMCC Comments at 6, 8, 10.

[^32]: *Id.*

[^33]: PCIA Comments at 2.

[^34]: *NPRM,* 16 FCC Rcd at 14951 ¶ 10.

[^35]: As previously stated, the standard for Group D will continue to
    be expressed in terms of TPO. *See* para. 9, *supra.*

[^36]: *See* In the Matter of 1998 Biennial Review-47 C.F.R. Part
    90-Private Land Mobile Radio Services, WT Docket No. 98-182,
    *Memorandum Opinion and Order and Second Report and Order,* 17 FCC
    Rcd 9830, 9840 ¶ 23 (2002) (*1998 Biennial Review MO&O and Second
    R&O*).

[^37]: LMCC Comments at 5, stating that the maximum ERP achievable with
    a 2 watt TPO mobile unit and a gain antenna typically available on
    the market at the present time is 6 watts ERP.

[^38]: LMCC Comments at 5; PCIA Comments at 2.

[^39]: *See 1998 Biennial Review*, 17 FCC Rcd at 9840 ¶ 23. By
    comparison, the Commission maintained the TPO limit for the
    Multi-Use Radio Service (MURS) because MURS is a non-coordinated
    service licensed by rule. *Id.*

[^40]: LMCC Comments at 14.

[^41]: *NPRM,* 16 FCC Rcd at 14952 ¶ 11.

[^42]: *Id*.

[^43]: *Id.*

[^44]: Dataradio Comments at 5; Comments of the Toro Company (Toro) at 5
    (Toro Comments).

[^45]: *NPRM,* 16 FCC Rcd at 14959 ¶ 27. *See Refarming Second MO&O*, 14
    FCC Rcd at 8660 ¶ 36; In the Matter of Replacement of Part 90 By
    Part 88 to Revise the Private Land Mobile Radio Services and Modify
    the Policies Governing Them and Examination of Exclusivity and
    Frequency Assignment Policies of the Private Land Mobile Services,
    FCC 00-439, *Fifth Memorandum Opinion and Order,* 16 FCC Rcd 416,
    420 ¶ 13 (2000). (*Refarming Fifth MO&O).*

[^46]: *NPRM,* 16 FCC Rcd at 14959 ¶ 27.

[^47]: *Id.*

[^48]: LMCC Comments at 11.

[^49]: *Id.* at 12.

[^50]: *See* Replacement of Part 90 by Part 88 to Revise the Private
    Land Mobile Radio Services and Modify the Policies Governing Them,
    *Sixth Memorandum Opinion and Order,* 16 FCC Rcd 11487, 11488 ¶ 3
    (2001) (*Refarming Sixth MO&O*).

[^51]: 47 C.F.R. § 90.261(a).

[^52]: *Refarming Sixth MO&O,* 16 FCC Rcd at 11489 ¶ 5-6.

[^53]: *Id.*

[^54]: *NPRM,* 16 FCC Rcd at 14951 ¶ 8.

[^55]: LMCC Comments at 6.

[^56]: *Id.* at 7.

[^57]: *Id.*

[^58]: *NPRM,* 16 FCC Rcd at 14953 ¶ 13. In addition to the fifty
    channel pairs specified, the same criteria apply to the channels
    6.25 kHz immediately above and below these channels.

[^59]: *Id.*

[^60]: *Id*. In the PLMR 450-470 MHz band, full power operation
    generally means a maximum of 500 watts ERP with a reference antenna
    height above average terrain (HAAT) of up to 125 meters. *See* 47
    C.F.R. § 90.205(g).

[^61]: *NPRM,* 16 FCC Rcd at 14953 ¶ 13.

[^62]: *NPRM,* 16 FCC Rcd at 14954 ¶ 13. *See* 47 C.F.R. § 90.35(c)(60).

[^63]: 47 C.F.R. § 90.35(c)(11).

[^64]: *NPRM,* 16 FCC Rcd at 14954 ¶ 13.

[^65]: *See* PCIA Comments at 3.

[^66]: *Id.*

[^67]: We will also remove the frequencies 6.25 kHz above and below
    frequency 457.5375 MHz from Group A. These frequencies are also
    designated for dockside operation.

[^68]: The frequencies 6.25 kHz above and below frequency 452.5375 MHz
    will also be unpaired.

[^69]: *NPRM,* 16 FCC Rcd at 14954 ¶ 13*.*

[^70]: *Id.*

[^71]: *Id.*, 16 FCC Rcd at 14951 ¶ 10.

[^72]: LMCC Comments at 6.

[^73]: Hexagram Partial Opposition at 2. Hexagram calls this proposal
    "unwise," as it will reduce the number of operators that can be
    licensed in a given geographical area. *Id*.

[^74]: *NPRM,* 16 FCC Rcd at 14954 ¶ 14.

[^75]: By "hostile radio environments," we are referring to the
    operational challenges experienced in industrial and manufacturing
    complexes due to the heavy electrical machinery and other
    significant generators of unintentionally radiated electromagnetic
    energy that are operated within typically enclosed environments.
    See, e.g., *NPRM*, 16 FCC Rcd at 1491 n.30.

[^76]: Designation of the top urban areas is discussed at paras. 31-32,
    *infra.*

[^77]: Comments of Hexagram, Inc. (Hexagram) at 3-4 (Hexagram Comments);
    Comments of the American Petroleum Institute (API) at 6 (API
    Comments), indicating that nearly 40% of oil refineries are located
    outside of urban areas.

[^78]: 47 C.F.R. § 90.267(a).

[^79]: *See* paras. 28-30 *infra.*

[^80]: *NPRM,* 16 FCC Rcd at 14955 ¶ 15.

[^81]: Comments of the Industrial Telecommunications Association, Inc.
    (ITA) at 4 (ITA Comments).

[^82]: *NPRM,* 16 FCC Rcd at 14955 ¶ 15.

[^83]: *See* Development of Operational, Technical and Spectrum
    Requirements for Meeting Federal, State and Local Public Safety
    Agency Communication Requirements Through the Year 2010, *Second
    Memorandum Opinion and Orde*r, WT Docket No. 96-86, 15 FCC Rcd 16844
    ¶ 13 (2000).

[^84]: *See* API Comments at 8.

[^85]: *NPRM,* 16 FCC Rcd at 14956 ¶ 17.

[^86]: *Id.*

[^87]: LMCC Comments at 7; PCIA Comments at 3; ITA Comments at 4.

[^88]: *Id.*

[^89]: API Comments at 9.

[^90]: *Id.* API suggests that for co-channel operations, the 21 dBu
    contour of a high power applicant should not overlap the 39 dBu
    contour of a low power incumbent. In addition, API suggests that for
    adjacent-channel operations, the 33 dBu contour of a high power
    applicant should not overlap the 39 dBu contour of a low power
    incumbent. We note that the contours suggested by API are used to
    determine objectionable interference between UHF stations pursuant
    to our trunking rules. *See* 47 C.F.R. § 90.187(b)(2)(iii).

[^91]: *See* paras. 79-80, *infra,* for a discussion on grandfathered
    operations.

[^92]: *NPRM,* 16 FCC Rcd at 14955 ¶ 16.

[^93]: *See, e.g.*, 47 C.F.R. §§ 90.261 (TPO limitations based on
    proximity to center of any urbanized area of 600,000 population); 47
    C.F.R. § 90.35(c)(i)(63) (central station alarm use restricted to
    areas within boundaries of urbanized areas of 200,000 or more
    population); 47 C.F.R. § 90.635 (power and antenna height
    limitations based on proximity to 50 urbanized areas); 47 C.F.R. §
    90.741 (licensees of Phase I nationwide 220-222 MHz systems must
    construct and operate in 28 of 100 listed urbanized areas). *See
    also* Amendment of Part 90 of the Commission's Rules Concerning
    Bio-Medical Telemetry Operations, PR Docket No. 80-422, *Report and
    Order*, 85 FCC 2d 745 ¶ 9 (1981).

[^94]: *See, e.g.*, 47 C.F.R. § 52.23 (schedule for deployment of
    long-term database methods for number portability by local exchange
    carriers is defined, in part, by reference to 100 largest
    Metropolitan Statistical Areas (MSAs)).

[^95]: *See* U.S. Department of Commerce, *Airline Distance Between
    Cities in the United States*, Appendix, page 226; 47 C.F.R. §
    90.261.

[^96]: *NPRM,* 16 FCC Rcd at 14955 ¶ 16; *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, WT Docket No. 96-86, *Fourth Report and Order
    and Fifth Notice of Proposed Rule Making*, 16 FCC Rcd 2020, 2054 ¶
    97 (rel. Jan. 17, 2001) (noting "five-step, twenty-one year plan"
    proposal that would require Public Safety 700 MHz band General Use
    operations in Top fifty metropolitan areas to migrate to 6.25 kHz
    technology five-years earlier than proposed deadline for outside
    areas).

[^97]: 47 C.F.R. § 90.741.

[^98]: *See* LMCC Comments at 6; API Comments at 7; PCIA Comments at 3.

[^99]: 47 C.F.R. § 90.741.

[^100]: Hexagram Comments at 7.

[^101]: *Id.*

[^102]: *See* API Comments at 7; AWWA Comments at 3.

[^103]: API Comments at 7 (indicating that most oil and gas operations
    fall outside the 50-mile circle).

[^104]: ITA Comments at 4; PCIA Comments at 3; Comments of the United
    Telecom Council (UTC) at 3 (UTC Comments).

[^105]: *NPRM,* 16 FCC Rcd at 14956 ¶ 17.

[^106]: *Id.*

[^107]: LMCC Comments at 7.

[^108]: *Id*.

[^109]: *NPRM,* 16 FCC Rcd at 14956 ¶ 18; *see* 47 C.F.R. §
    90.35(c)(30).

[^110]: *NPRM,* 16 FCC Rcd at 14956 ¶ 18.

[^111]: UTC Comments at 6; Comments of Trimble Navigation Limited
    (Trimble) at 3 (Trimble Comments); API Reply Comments at 2-3;
    Dataradio Reply Comments at 1-5.

[^112]: Comments of AES Corporation (AES) at 3 (AES Comments).

[^113]: API Comments at 10.

[^114]: Dataradio Comments at 4.

[^115]: LMCC Comments at 8.

[^116]: *Id.*

[^117]: *Id.*

[^118]: *See* discussion at para. 17, *supra*.

[^119]: *See* 47 C.F.R. § 90.403(e).

[^120]: Motorola Comments at 3; LMCC Comments at 7-8. The LMCC points
    out that fixed data operations are currently secondary to voice
    operations on most Part 90 frequencies. *Id.*

[^121]: *See* discussion at para. 17, *supra*.

[^122]: *See* 47 C.F.R. § 90.35(c)(30).

[^123]: In addition to the ten 12.5 kHz channel pairs specified, the
    same criteria apply to the channels 6.25 kHz immediately above and
    below these channels.

[^124]: *NPRM,* 16 FCC Rcd at 14956 ¶ 19; *see* Petition at 7. LMCC
    notes that typical operations on these channels would include
    wireless data transmissions used for "remote control of cranes,
    robotics, etc." *Id*.

[^125]: *NPRM,* 16 FCC Rcd at 14957 ¶ 19.

[^126]: LMCC Comments at 10.

[^127]: Dataradio Comments at 6. Toro also supports an increase in
    antenna height for Group B base/fixed stations. Toro Comments at 4;
    Toro Reply Comments at 4.

[^128]: *See* para. 38, *supra.*

[^129]: *NPRM,* 16 FCC Rcd at 14956-7 ¶ 20.

[^130]: Petition at 7.

[^131]: The example that the petitioner provided was a voice
    transmission causing a remote oil tank to be overfilled and
    rupturing. *See* Dataradio Petition for Reconsideration and/or
    Clarification of the *Second MO&O*, filed August 5, 1999 at 11-12.

[^132]: *Id*. at 12. The Commission concluded that this issue went
    beyond the scope of the *Refarming* proceeding and that Dataradio's
    concerns would be most appropriately raised and considered in the
    context of LMCC's Petition. *See* *Refarming Fifth MO&O*, 16 FCC Rcd
    at 420-1 ¶¶ 11-12.

[^133]: *NPRM,* 16 FCC Rcd at 14956-7 ¶ 20.

[^134]: AES Comments at 4-5; Dataradio Comments at 9-10.

[^135]: API Comments at 11; Toro Comments at 6-7.

[^136]: LMCC Comments at 10; PCIA Comments at 5; Dataradio Reply
    Comments at 4.

[^137]: Toro Comments at 6-7.

[^138]: LMCC Reply Comments at 3.

[^139]: *See id.*, indicating that proper frequency coordination can
    minimize the risk of interference between data and voice.

[^140]: *NPRM,* 16 FCC Rcd at 14956 ¶ 19. *See* 47 C.F.R. §
    90.35(c)(30).

[^141]: *NPRM,* 16 FCC Rcd at 14956 ¶ 19.

[^142]: *See* LMCC Comments at 10; Toro Comments at 6.

[^143]: *NPRM,* 16 FCC Rcd at 14956 ¶ 19.

[^144]: UTC Comments at 7-9; Motorola Comments at 3-5.

[^145]: UTC Comments at 7-9; Motorola Comments at 3-5. Exclusive use of
    a frequency means that a licensee may operate without monitoring for
    other users.

[^146]: *Id.*

[^147]: 47 C.F.R. § 90.187. This provision was designed to allow
    trunking systems to work effectively and efficiently on the private
    land mobile frequencies below 512 MHz. *See* Replacement of Part 90
    by Part 88 to Revise the Private Land Mobile Radio Service and
    Modify the Policies Governing Them, *Second Report and Order*, PR
    Docket No. 92-235, 12 FCC Rcd at 14337-38 (1997).

[^148]: 47 C.F.R. § 90.187(b)(2)(v).

[^149]: UTC Comments at 7-9; Motorola Comments at 3-5.

[^150]: LMCC Comments at 9.

[^151]: LMCC Reply Comments at 2; Trimble Reply Comments at 6.

[^152]: *NPRM,* 16 FCC Rcd at 14956 ¶ 19.

[^153]: AES Comments at 6; Hexagram Comments at 8.

[^154]: Toro Comments at 7.

[^155]: API Comments at 10.

[^156]: Frequencies are available on a shared basis and will not be
    assigned for the exclusive use of any licensee. 47 C.F.R. §
    90.173(a).

[^157]: AES Comments at 5.

[^158]: *Id.*

[^159]: *Id.*

[^160]: *See* 47 C.F.R. § 95.1301 et seq.

[^161]: LMCC Comments at 8-9. The LMCC describes the interference
    problems created by mobile only data systems in the context of Group
    A channels. PCIA concurs that mobile-only data should be prohibited.
    PCIA Comments at 4.

[^162]: LMCC Comments at 8.

[^163]: *See* para. 39, *supra.*

[^164]: *Id.*

[^165]: *See* 47 C.F.R. § 90.403(e).

[^166]: *NPRM,* 16 FCC Rcd at 14957 ¶ 21, *citing* Petition at 7. In
    addition to the twenty-five 12.5 kHz channel pairs specified, the
    same criteria apply to the channels 6.25 kHz immediately above and
    below these channels.

[^167]: 47 C.F.R. § 90.7.

[^168]: Petition at 7.

[^169]: These frequencies would be available for use nationwide, as the
    types of projects suited for low power, itinerant communications can
    take place in any state or region.

[^170]: *NPRM,* 16 FCC Rcd at 14957 ¶ 21.

[^171]: LMCC Comments at 10.

[^172]: *See* para. 9, *supra.*

[^173]: *NPRM,* 16 FCC Rcd at 14957 ¶ 22. *See* 47 C.F.R. § 90.35(c)(35)
    & (60).

[^174]: *NPRM,* 16 FCC Rcd at 14957 ¶ 22.

[^175]: LMCC Comments at 11.

[^176]: Motorola Comments at 7.

[^177]: 47 C.F.R. § 90.35(c)(62).

[^178]: 47 C.F.R. § 90.35(c)(261). *See NPRM,* 16 FCC Rcd at 14958 ¶ 24.

[^179]: *See* discussion at para. 17, *supra.*

[^180]: *See* AWWA Comments at 4.

[^181]: 47 C.F.R. § 90.35(c)(62). *See NPRM,* 16 FCC Rcd at 14958 ¶ 24.

[^182]: *Id.*

[^183]: Comments of Enalysis Corporation (Enalysis) at 2-3 (Enalysis
    Comments); Comments of Pacific Crest Corporation (Pacific Crest) at
    4-5 (Pacific Crest Comments); Trimble Comments at 6-7; Hexagram
    Reply Comments at 7; s*ee also* Letter from Mitchell Lazaraus, Esq.
    to Secretary, FCC, dated October 25, 2002 ("Hexagram *Ex Parte*") at
    4.

[^184]: Pacific Crest Comments at 1-4 (stating that Group C channels
    have great potential for Real-Time Kinematic (RTK) technology which
    is used in support of precision Global Positioning Systems for
    applications such as surveying; Trimble Comments at 6-7 (stating
    that itinerant users require simultaneous voice and data
    communications at a site, as in the case of construction crews
    employing GPS systems for machine control applications).

[^185]: *NPRM,* 16 FCC Rcd at 14958 ¶ 24; 47 C.F.R. §§ 90.35(c)(67),
    90.267(a)(5). These frequencies include: 462.7625 MHz, 462.7875 MHz,
    462.8125 MHz, 462.8375 MHz, 462.8625 MHz, 462.8875 MHz, 462.9125
    MHz, 467.8625 MHz, 467.8875 MHz, and 467.9125 MHz. Although such
    medical telemetry operations are authorized on a secondary basis,
    the Commission has previously recognized the importance of this
    vital service. *See, e.g., Medical Telemetry R&O*, 15 FCC Rcd at
    11206 ¶ 1; *see also* note Error: Reference source not found and
    accompanying text, *supra*.

[^186]: *NPRM,* 16 FCC Rcd at 14958 ¶ 24.

[^187]: *Id.*

[^188]: LMCC Comments at 10.

[^189]: These frequencies are subject to 47 C.F.R. § 90.35(c)(67) as
    revised in Appendix B.

[^190]: Comments of Allina Health Systems (Allina) at 1 (Allina
    Comments); Reply Comments of the American Hospital Association Task
    Force on Medical Telemetry (AHA) at 7-9 (AHA Reply Comments).

[^191]: *NPRM,* 16 FCC Rcd at 14958-90 ¶ 25. Certain low power and
    itinerant frequencies in the Industrial/Business Pool that are used
    for very low tier, low cost, entry level communications are commonly
    referred to as color dot frequencies because their operating
    frequencies are designated by a colored dot or star on the radio.
    This frequency identification code was developed by, and apparently
    is uniformly used by, the manufacturers of these radios. *See,
    e.g.*, 1998 Biennial Regulatory Review -- 47 C.F.R. Part 90 -
    Private Land Mobile Radio Services, *Notice of Proposed Rule
    Making*, WT Docket No. 98-182, 13 FCC Rcd 2,113 ¶ 31 n.55 (1998).

[^192]: LMCC Comments at 10; AWWA Comments at 4-5; PCIA Comments at 5.

[^193]: PCIA Comments at 5.

[^194]: Motorola Comments at 8.

[^195]: Users who operate equipment capable of transmitting on both
    Group C frequencies and other Part 90 frequencies will need to
    obtain frequency coordination for the non-Group C frequencies and
    proper authorization for all the frequencies.

[^196]: *NPRM,* 16 FCC Rcd at 14959 ¶ 26.

[^197]: Hexagram Comments at 8-9; Hexagram *Ex Parte* at 4 (stating
    large systems were constructed in reliance on present rules and must
    be protected from itinerant users).

[^198]: Hexagram Comments at 9.

[^199]: *See, e.g.*, *id*. at 8 (agreeing in principle with the benefits
    of non-coordinated itinerant use of Group C low power frequencies).

[^200]: *See* 47 C.F.R. § 90.259(b).

[^201]: *See* 47 C.F.R. §§ 101.147(b)(1) & (2).

[^202]: In addition to the five 12.5 kHz channel pairs specified, the
    same criteria apply to the channels 6.25 kHz immediately above and
    below these channels.

[^203]: A central station protection service is defined as an electrical
    protection and supervisory service rendered to the public from and
    by a central station accepted and certified by one or more of the
    recognized rating agencies or the underwriters Laboratories (UL), or
    Factory Mutual Systems. *See* 47 C.F.R. § 90.35(c)(63). Secondary
    fixed CSA operations are allowed, with certain restrictions, on all
    five of these frequency pairs. *See* 47 C.F.R. § 90.35(c)(64). We
    also note that 466.0125 MHz is available for hospital use on a
    secondary basis. 47 C.F.R. § 90.35(c)(69).

[^204]: The channel pairs 460/465.9875 MHz and 460/465.0125 MHz are
    available for CSA operations without regard to top urban areas. 47
    C.F.R. §§ 90.35(c)(66).

[^205]: The channels pairs 460/465.9125 MHz, 460/465.9375 MHz, and
    460/465.9625 MHz are available for CSA operations only within the
    boundaries of urbanized areas of 200,000 or more population. 47
    C.F.R. § 90.35(c)(63).

[^206]: *Id.*

[^207]: Petition at 7, n.5.

[^208]: LMCC Comments at 11.

[^209]: *Id.*

[^210]: *See* para. 13, *supra*.

[^211]: Comments of the Central Station Alarm Association (CSAA) at 2
    (CSAA Comments).

[^212]: *See* para. 24, *supra*.

[^213]: *See* para. 17, *supra*.

[^214]: LMCC Comments at 12.

[^215]: *NPRM,* 16 FCC Rcd at 14973.

[^216]: *Id.*

[^217]: LMCC Comments at 13; CSAA Comments at 5-6. The 6.25 kHz and 12.5
    kHz channel pairs at issue are 460/465.98125, 460/465.9875,
    460/465.99375, 461/466.00625, 461/466.0125, 461/466.01875 MHz. *See*
    47 C.F.R. § 90.35(c)(66).

[^218]: 47 C.F.R. § 90.35(c)(64).

[^219]: LMCC Comments at 12-13; CSAA Comments at 2-5.

[^220]: 47 C.F.R. § 90.35(c)(64)(ii), (iii) and (iv).

[^221]: CSAA Comments at 4.

[^222]: Petition at 8.

[^223]: *NPRM,* 16 FCC Rcd at 14960 ¶ 28.

[^224]: LMCC Comments at 14.

[^225]: LMCC did not comment on antenna height limits discussed in the
    *NPRM* but suggested these limits in their original petition prior
    to the *NPRM*. LMCC Petition at 8.

[^226]: *See* para. 14, *supra*.

[^227]: *NPRM,* 16 FCC Rcd at 14960 ¶ 28.

[^228]: *See* para. 17, *supra*.

[^229]: *NPRM,* 16 FCC Rcd at 14960 ¶ 29.

[^230]: *Id.*

[^231]: LMCC Comments at 14; Toro Comments at 7.

[^232]: Motorola Comments at 2.

[^233]: We are also revising 47 C.F.R. §§ 90.35 and 90.267 in accordance
    with revisions to Part 90 that we adopted on February 12, 2003.
    *See* Implementation of Sections 309(j) and 337 of the
    Communications Act of 1934, as amended; Promotion of Spectrum
    Efficient Technologies on Certain Part 90 Frequencies, WT Docket No.
    99-87, *Second Report and Order and Second Further Notice of
    Proposed Rule Making*, FCC 03-34 (rel. Feb. 25, 2003).

[^234]: *See* 47 C.F.R. §§ 90.173(i), 90.20, and 90.35.

[^235]: *NPRM,* 16 FCC Rcd at 14960-1 ¶ 31.

[^236]: API Comments at 12.

[^237]: 47 C.F.R. § 90.267(a)(7).

[^238]: *Id.*

[^239]: Stations operating on Group D channels are an exception because
    Group D will continue to be limited in terms of TPO. *See* para. 9,
    *supra*.

[^240]: *See* para. 24, *supra*.

[^241]: *NPRM,* 16 FCC Rcd at 14961 ¶ 32.

[^242]: *Id.*

[^243]: *Refarming Second R&O*, 12 FCC Rcd at 14343 ¶ 67.

[^244]: *Id*.

[^245]: *See* Appendix A to *Low Power Public Notice*. Our records
    indicate that the number of high power operations on low power
    channels is as follows: 854 licensees on Group A1, 219 licensees on
    Group A2, 47 licensees on Group B, 194 licensees on Group C, 22
    licensees on Group D and 14 licensees on the Public Safety Group.
    Some of the high power licensees on Group A1 are located outside the
    50-mile circles of the top 100 urban areas.

[^246]: API Comments at 11; LMCC Comments at 15; PCIA Comments at 7-8;
    Toro Reply Comments at 7.

[^247]: LMCC Comments at 15; PCIA Comments at 7-8; Toro Comments at 8.

[^248]: ITA Comments at 4-5.

[^249]: *See* 47 C.F.R. §§ 90.20(c)(2), 90.35(b)(2) and 90.175(b).

[^250]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601-612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^251]: *See NPRM,* 16 FCC Rcd at 14961-2 ¶ 35.

[^252]: *See* 5 U.S.C. § 604.

[^253]: *See R&O* para. 4, *supra.*

[^254]: *See generally* Consensus Plan.

[^255]: 5 U.S.C. § 604(a)(3).

[^256]: 5 U.S.C. § 601(6).

[^257]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small-business concern" in the Small Business Act, 15 U.S.C. §
    632). Pursuant to 5 U.S.C. § 601(3), 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 of more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register."

[^258]: 5 U.S.C § 632.

[^259]: 5 U.S.C. § 601(5).

[^260]: U.S. Dep't of Commerce, Bureau of the Census, *1992 Census of
    Governments*.

[^261]: *Id.*

[^262]: *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, handicapped
    persons, disaster relief organizations, school buses, beach patrols,
    establishments in isolated areas, communications standby facilities,
    and emergency repair of public communications facilities.

[^263]: *See* 13 C.F.R. § 121.201 (NAICS Code 517212, formerly NAICS
    Code 513322).

[^264]: There is no information currently available about the number
    within the 127,540 that have less than 1500 employees.

[^265]: *See* 13 C.F.R. § 121.201 (NAICS Code 517212, formerly NAICS
    Code 513322).

[^266]: *Id.*

[^267]: *See* Federal Communications Commission, 60th Annual Report,
    Fiscal Year 1994 at 120-121.

[^268]: 13 C.F.R. § 121.201, (NAICS Code 334220, formerly NAICS Code
    334220).

[^269]: U.S. Dept. of Commerce, *1992 Census of Transportation,
    Communications and Utilities* (issued May 1995).

[^270]: 5 U.S.C. § 603(c)(1)-(c)(4).

[^271]: *See R&O* paras. 20-24, *supra.*

[^272]: *See* *R&O* paras. 55-59, *supra.*

[^273]: *See R&O* paras. 71-72, *supra*.

[^274]: *See* 5 U.S.C. § 801(a)(1)(A).

[^275]: *See* 5 U.S.C. § 604(b).