**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | WT Docket No. 96-86          |
|                                  | * |                              |
| The Development of Operational,  | ) |                              |
| Technical and Spectrum           | * |                              |
| Requirements for Meeting         | * |                              |
| Federal, State and Local Public  |   |                              |
| Safety Communication             | * |                              |
| Requirements Through the Year    | * |                              |
| 2010                             | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

**FIFTH MEMORANDUM OPINION AND ORDER,**

**SIXTH REPORT AND ORDER, AND**

**SEVENTH NOTICE OF PROPOSED RULEMAKING**

**Adopted:** January 5, 2005 **Released:** January 7, 2005

By the Commission:

Table of Contents

Heading Paragraph \#

I. INTRODUCTION and executive summary 1

II\. FIFTH MEMORANDUM OPINION AND ORDER 5

A. Background 5

B. Decision 12

1\. Marketing, Manufacture and Importation of 12.5 kHz Equipment 12

2\. Applications for New Systems 14

III\. Sixth Report and order 16

A. Terminology Update 17

B. ACP Values 19

1\. 37.5 kHz Frequency Offset. 20

2\. 350 kHz Frequency Offset. 22

3\. Base Station Frequency Offsets Greater than 400 kHz. 24

4\. Values for Offsets Greater than 400 kHz. 26

5\. Deletion of ACP Absolute (dBm) Values for Mobiles. 30

6\. ACP Values for Transmitters Operating in the 700 MHz Guard Bands. 32

IV\. Seventh Notice of Proposed Rulemaking 35

A. TIA-PRS Proposals 35

1\. ACP Values for 50, 100 and 150 kHz Mobile and Base Station
Transmitters. 36

2\. Relaxing ACP Limits for Base Stations in Paired Receive Band. 38

3\. Corresponding Changes to ACP Limits for Guard Band Transmitters. 40

4\. Secondary Fixed Operations and Digital Base Station ID. 41

B. Access Spectrum Proposals 42

C. Nortel/EADS Proposal 46

D. NCC Recommendations 48

1\. Wideband Interoperability Channel Standard 49

2\. Wideband Radio Channel Requirement 51

3\. Section 90.548 54

4\. Encryption Standard 56

5\. Display Labeling (Nomenclature) 57

6\. 700 MHz System Design Parameters 62

7\. State Interoperability Executive Committee (SIEC) 64

8\. Regional Planning 69

E. Rule Clarification 76

V. Procedural matters 79

A. Regulatory Flexibility Act 79

B. *Ex Parte* Rules -- Permit-But-Disclose Proceeding 80

C. Paperwork Reduction Act Analysis 81

D. Comment Period and Procedures 82

VI\. Ordering Clauses 87

APPENDIX A: SUPPLEMENTAL FINAL REGULATORY FLEXIBILITY ANALYSIS

APPENDIX B: FINAL REGULATORY FLEXBILITY ANALYSIS

APPENDIX C: INITIAL REGULATORY FLEXIBILITY ANALYSIS

APPENDIX D: FINAL RULES

APPENDIX E: LIST OF COMMENTING PARTIES

# INTRODUCTION and executive summary

1.  In this *Fifth Memorandum Opinion and Order, Sixth Report and Order*
    and *Seventh Notice of Proposed Rulemaking* we take certain actions
    intended to encourage the transition to narrowband technology in the
    764-776 MHz and 794-806 MHz public safety bands (700 MHz Public
    Safety Band). We also conform certain technical rules governing this
    band to industry consensus standards, and seek comment on various
    proposals governing both technical and operational rules in this
    band.

2.  In the *Fifth Memorandum Opinion and Order*, we take the following
    actions:

-   defer the ban on the marketing, manufacture and importation of
    equipment solely capable of utilizing 12.5 kHz bandwidth when
    operating in the voice mode in the 700 MHz Public Safety Band (12.5
    kHz equipment) from December 31, 2006 until December 31, 2014; and

-   defer the prohibition on filing applications for new systems that
    operate utilizing 12.5 kHz voice channels from December 31, 2006
    until December 31, 2014.

3.  In the *Sixth Report and Order*, we take the following actions:

-   change the terminology used in Sections 90.543 and 27.53 of the
    Commission's rules from Adjacent Channel Coupled Power (ACCP) to
    Adjacent Channel Power (ACP);[^1] and

-   adopt recommended changes to the ACP limits in Sections 90.543 and
    27.53 of the Commission's rules.[^2]

4.  In the *Seventh Notice of Proposed Rulemaking* that we adopt today,
    we seek comment on:

```{=html}
<!-- -->
```
a)  A proposal made by the Private Radio Section of the Wireless
    Communications Division of the Telecommunications Industry
    Association (TIA-PRS)[^3] to:

-   adopt tables describing ACP limits for 50 kHz and 100 kHz wideband
    operations;

-   relax the ACP requirement in the paired receive band for wideband
    and narrowband base station transmitters; and

-   extend the ACP limits to the 700 MHz Guard Band channels.[^4]

b)  The proposal by Access Spectrum, LLC (Access Spectrum) that the
    Commission clarify that the 700 MHz Guard Band ACP limits apply only
    at the boundaries of the 700 MHz Guard Band's licensee's authorized
    allocation.[^5]

c)  The proposal by Access Spectrum that the Commission establish
    scalable ACP limits which would apply to operations at any
    bandwidth;[^6]

d)  The joint proposal from Nortel/EADS Telecom North America that the
    Commission adjust the ACP limits for 12.5 kHz bandwidth operations
    in order to permit use of more spectrally efficient
    technologies;[^7]

e)  Proposals made by the Public Safety National Coordination Committee
    (NCC) asking that the Commission:

-   adopt a 700 MHz wideband data standard;

-   require wideband mobile and portable radios be capable of operating
    on all the wideband interoperability channels using the wideband
    data standard;

-   update the interoperability standards set forth at Section 90.548 of
    the Commission's rules to reflect updated industry standards;[^8]

-   update the encryption standards set forth at Section 90.553(e) of
    the Commission's rules to reflect updated industry standards;[^9]
    and

-   adopt minimum signal strength design criteria for public safety
    systems operating in the 700 MHz Public Safety Band.

f)  Our tentative conclusion not to adopt the following NCC proposals:

-   requiring the use of standard channel nomenclature for
    interoperability channels;

-   requiring mobile and portable units certificated for use under Part
    90 of the Rules be capable of displaying standardized
    interoperability channel labels alphanumerically if the radios are
    equipped with alphanumeric displays;

-   revise the term "State Interoperability Executive Committee" to
    "Statewide Interoperability Executive Committee";

-   mandate the use of State Interoperability Executive Committees; and
    extend their jurisdiction to interoperability channels in all public
    safety bands; and

-   make certain procedural changes to the Commission's review of 700
    MHZ regional plans;

g)  Clarifications to the trunking requirement of Section 90.537 of our
    rules.[^10]

# FIFTH MEMORANDUM OPINION AND ORDER

## Background

5.  In 1997, the Commission allocated the 700 MHz Public Safety Band for
    public safety use.[^11] At the time, this allocation was the largest
    one ever made for public safety communications and constituted a
    significant public benefit to be derived from the conversion of
    television broadcasting in the United States from analog technology
    to state-of-the-art digital technology.[^12] The Commission
    designated spectrum in the 700 MHz Public Safety Band for use as
    follows: 12.5 megahertz for General Use, 2.6 megahertz for
    Interoperability, 2.4 megahertz for State License, 0.3 megahertz for
    Low Power, 0.2 megahertz for Secondary Trunking, and 6.0 megahertz
    for Reserve.[^13] The Commission divided the twenty-four megahertz
    of spectrum into narrowband (6.25 kHz channel) and wideband (50 kHz
    channel) segments. Since the 1997 allocation, the Commission has
    used the instant docket to consider and adopt a series of technical
    rules governing this spectrum.

6.  In the *Fifth Report and Order* in this proceeding, the Commission
    adopted a migration path to a 6.25 kHz voice efficiency requirement
    for General Use and State License channels in the 700 MHz band.[^14]
    Specifically, the Commission indicated that, after December 31,
    2016, all licensees operating on General Use and State License
    channels must cease operation with 12.5 kHz equipment[^15] and
    operate exclusively with 6.25 kHz equipment.[^16]

7.  In addition, as an interim measure, the Commission banned the
    marketing, manufacture, and importation of equipment that is
    exclusively capable of operating in the 12.5 kHz mode after December
    31, 2006.[^17] In banning the marketing, manufacturing and
    importation of 12.5 kHz equipment after December 31, 2006, the
    Commission believed that allowing licensees to continue purchasing
    12.5 kHz mode equipment until the date such equipment becomes
    unauthorized (January 1, 2017) would engender confusion among
    licensees about the legality of their equipment and ultimately
    deprive licensees of an expected ten-year equipment life cycle.[^18]

8.  The Commission also indicated that after December 31, 2006, it would
    accept applications for *new* systems only if they employed 6.25 kHz
    equipment.[^19] The Commission believed that allowing applicants for
    new systems to employ 12.5 kHz equipment after December 31, 2006
    would deprive such licensees of a minimum ten-year life cycle on
    their equipment and create a financial burden for these licensees to
    replace their entire systems by the deadline for transition to 6.25
    kHz equipment (January 1, 2017).[^20]

9.  *Motorola Petition.* On January 13, 2003, Motorola, Inc. (Motorola)
    filed a petition for reconsideration of certain requirements in the
    *Fifth R&O*.[^21] Specifically, Motorola requested that the
    Commission eliminate, or at least defer until December 31, 2011, (1)
    the ban on marketing, manufacture, and importation of 12.5 kHz
    equipment; and (2) the prohibition on filing applications for new
    systems that utilize 12.5 kHz equipment.[^22]

10. In its petition, Motorola argues that the existing ban would impose
    a substantial and unnecessary financial burden on public safety
    entities by forcing these licensees to purchase equipment with
    features that far exceed their needs.[^23] Motorola also states that
    it is unaware of any entity developing equipment capable of
    providing a single voice path within a discrete 6.25 kHz channel
    (6.25 kHz equipment).[^24] Therefore, Motorola argues this lack of
    development means that 12.5 kHz equipment may be the only viable
    choice for many legacy licensees for some time after December 31,
    2006.[^25] Finally, Motorola states its belief that, because public
    safety organizations have a direct economic interest to minimize
    their migration costs, these entities will make purchasing decisions
    that further their best interests.[^26]

11. In addition to opposing the Commission's ban on the marketing,
    manufacturing and importation of 12.5 kHz equipment, Motorola
    similarly argues that the Commission should either eliminate, or
    defer until December 31, 2011, the ban on accepting applications for
    new systems that use 12.5 kHz equipment.[^27] Motorola believes that
    the ban adopted in the *Fifth R&O* will restrict the ability of
    public safety users to choose the most efficient and cost effective
    solutions for their communications needs[^28] and further argues
    that in some instances, it may be more efficient and timely for a
    public safety licensee to construct a new system that uses 12.5 kHz
    equipment channels, even if it must transition to a narrower
    bandwidth by January 1, 2017.[^29]

## Decision

### Marketing, Manufacture and Importation of 12.5 kHz Equipment

12. We will extend the deadline banning the marketing, manufacture, and
    importation of 12.5 kHz equipment until two years before the final
    migration date, *i.e.,* until December 31, 2014. Although we are
    encouraged that one manufacturer believes that it could have 6.25
    kHz equipment available by January 1, 2007,[^30] we are persuaded by
    the comments of several other parties who do not believe a 6.25 kHz
    product could be brought to market within that time,[^31] and by
    public safety's concern about ensuring that new 6.25 kHz equipment
    is first field-tested under the conditions of public safety
    operations.[^32] We decline to adopt Motorola's suggestion that we
    defer the ban on the marketing, manufacture, and importation of 12.5
    kHz equipment until December 31, 2011. Motorola's suggestion would
    provide manufacturers with a five-year window (*i.e.*, from December
    31, 2011 until December 31, 2016) in which manufacturers could
    market, manufacture and import dual-mode equipment. In a separate
    docket, we only provided manufacturers a two-year window to market,
    manufacture and import dual-mode equipment in the public safety
    spectrum below 512 MHz.[^33] In that proceeding, we stated that this
    limited, two-year, window struck the appropriate balance between
    avoiding the difficulties that could be caused to licensees' current
    and future operations and encouraging the planning and
    implementation of a migration to narrowband technology well before
    the final cutover.[^34] Specifically, we noted that imposing a
    limited two-year window would still provide licensees with ample
    incentive to convert to narrowband by the start of the window
    without either jeopardizing interoperability during the two-year
    interim or overwhelming our administrative processes with a flood of
    last-minute waiver requests.[^35]

13. We believe similar reasons exist in this instance. We note that our
    decision today should not harm manufacturers that develop and offer
    for sale dual mode equipment or 6.25 kHz equipment in advance of
    December 31, 2014. Licensees who elect to purchase such equipment
    ahead of the transition date will avoid needing to replace their
    equipment before the end of its useful life. Thus we believe that
    our decision today provides an incentive for all manufacturers to
    timely develop dual mode equipment and 6.25 kHz equipment in advance
    of the mandatory transition to 6.25 kHz technology, on January
    1, 2017. Given M/A-COM's contention that it will have dual-mode
    equipment available by January 2007,[^36] we note that Motorola's
    proposal only allows entities with equipment that operates
    exclusively at 12.5 kHz four years to voluntarily integrate dual
    band equipment into their systems. Given that the average lifespan
    of public safety equipment is ten years, Motorola's proposal could
    require public safety entities to replace sixty percent of their
    equipment when our rules would prohibit the marketing, manufacture
    and importation of 12.5 kHz equipment. We believe delaying the
    prohibition on the marketing, manufacture and importation of 12.5
    kHz equipment until December 31, 2014 provides public safety
    entities a seven-year period to voluntarily transition to dual band
    equipment, thus only requiring these entities to possibly undertake
    the replacement of thirty percent of their equipment. Given the
    financial constraints that many public safety entities operate
    under, we believe this more gradual approach allows entities to
    transition to narrowband equipment without creating a financial
    crisis. Therefore, as amended, our rules will permit manufacturers
    to market, manufacture and import 12.5 kHz equipment until December
    31, 2014. Thereafter, manufacturers may market, manufacture and
    import only dual mode equipment or 6.25 kHz equipment.

### Applications for New Systems

14. Consistent with our decision to extend the deadline banning the
    marketing, manufacture and importation of 12.5 kHz equipment, we
    will accept applications for new systems employing 12.5 kHz
    equipment on General Use and State License channels until December
    31, 2014. While we remain committed to ensuring a complete and
    expeditious transition to 6.25 kHz equipment in the 700 MHz band, we
    must also consider the economic constraints and logistical concerns
    facing licensees in this band. We are persuaded by parties who state
    that the December 31, 2006 deadline adopted in the *Fifth R&O* would
    force public safety entities who apply for a new license after
    December 31, 2006 to employ either dual mode equipment or 6.25 kHz
    equipment regardless of that equipment's level of maturity, coverage
    capabilities, reliability in actual operations or applicability to a
    system's specific configuration.[^37] Thus, public safety entities
    would be faced with the choice of either placing mission critical
    communications on relatively untested equipment or delaying
    implementation in the 700 MHz band until such equipment reaches a
    greater level of maturity. Both of these choices negatively impact
    the safety of life and property. Thus, given the current status of
    the 6.25 kHz equipment market, we believe that our decision to delay
    the cut-off for applications for new systems will allow licensees to
    construct systems that best suit their needs. While we continue to
    have concern about depriving licensees of a ten-year life cycle on
    12.5 kHz equipment, we believe assuring public safety access to a
    complete line of fully tested dual-mode equipment and 6.25 kHz
    equipment is a greater concern.

15. Although one commenting party believes the December 31, 2006
    deadline adopted in the *Fifth R&O* will encourage new public safety
    licensees to operate wide-area, shared systems, which improve
    spectrum efficiency and promote interoperability,[^38] we wish to
    avoid forcing public safety licensees into purchasing untested
    technology in order to satisfy bandwidth requirements. We therefore
    delay until December 31, 2014 the cut-off for accepting applications
    for new systems operating on the General Use and State License
    channels that use 12.5 kHz equipment. As indicated above, the two
    year deadline we impose here is consistent with the two-year
    deadline we recently adopted for the public safety bands below 512
    MHz.[^39]

#  Sixth Report and order

16. On October 4, 2002, the Commission released a *Sixth Notice of
    Proposed Rulemaking* in this docket seeking comment on proposed
    revisions to the Commission's rules and policies regarding ACP
    emission limits for the 700 MHz Public Safety Band.[^40] TIA-PRS
    proposed these revisions, which it claimed reflected an industry
    consensus in response to the Commission's request in the *Second
    Memorandum Opinion and Order* (*Second MO&O*) in this
    proceeding.[^41] This *Sixth Report and Order* addresses the
    comments received with respect to revising the ACCP limits, as
    proposed in the *Sixth NPRM,* and implements the proposals set forth
    in the *Sixth NPRM*.

## Terminology Update

17. *Background.* In the *Sixth NPRM*, the Commission sought comment on
    changing the term "Adjacent Channel Coupled Power" (ACCP) in our
    rules to the term "Adjacent Channel Power" (ACP).[^42] The
    Commission noted that this change would ensure consistency with the
    terminology referenced in industry standards documents.[^43] The
    Commission also sought comment on changing the reference level for
    out-of-band emission limits in Section 90.543(c) of the Commission's
    Rules[^44] from "unmodulated carrier power (P)" to "mean output
    power (P)."[^45] The Commission noted that in some instances a
    transmitter may be incapable of generating an unmodulated
    carrier.[^46]

18. *Decision.* We adopt our proposed changes to Section 90.543 of the
    Commission's Rules to conform the terminology in the Commission's
    Rules to be consistent with the terminology used by industry in
    standards documents.[^47] While no commenting party specifically
    addressed the terminology changes, all commenting parties voiced
    their overall support for proposals in the *Sixth NPRM*.[^48]
    Accordingly, we will change the term "Adjacent Channel Coupled
    Power" to "Adjacent Channel Power" and the abbreviation "ACCP" to
    "ACP" in Section 90.543 of the Commission's Rules[^49] and will use
    this terminology for the remainder of this *Sixth Report and Order*.
    Because some transmitters may not normally be capable of generating
    an unmodulated carrier, we amend Section 90.543(c) of the
    Commissions rules by changing the reference level for out-of-band
    emission limits in Section 90.543(c) from "unmodulated carrier power
    (P)" to "mean output power (P)."

## ACP Values 

19. In the *Sixth NPRM*, the Commission sought comment on revising
    Section 90.543 of the Commission's Rules[^50] to specify maximum ACP
    relative values at certain frequency offsets.[^51] Only one party,
    M/A-COM, specifically addressed this issue and it supported the
    Commission's proposals[^52] and, as indicated above, all commenting
    parties voice their overall support for proposals in the *Sixth
    NPRM*.[^53] As discussed below, we amend our rules to adopt the ACP
    values proposed in the *Sixth NPRM.*

### 37.5 kHz Frequency Offset. 

20. *Background.* The Commission sought comment on whether to specify a
    maximum ACP relative value of -60 dBc for offset measurements taken
    37.5 kHz from the center frequency of a mobile transmitter.[^54]
    Currently, the rule specifies a maximum ACP relative value of -65
    dBc for mobile transmitters operating with 12.5 kHz or 25 kHz
    bandwidth. This value, however, is more stringent than the -60 dBc
    value, which governs corresponding 12.5 kHz and 25 kHz bandwidth
    base stations. Because mobile stations are not normally required to
    meet specifications more stringent than those of base stations, the
    Commission sought comment on harmonizing the requirements for 12.5
    kHz and 25 kHz bandwidth mobile transmitters with those for the
    corresponding base station transmitters.[^55]

21. *Decision.* In order to harmonize our rules with current industry
    standards, we will revise Section 90.543(a) of the Commission's
    Rules to specify that the maximum ACP relative value for the 37.5
    kHz frequency offset is -60 dBc.[^56] We make this change to the
    tables in the rules which specify ACP limits for mobile transmitters
    operating with a 12.5 kHz and 25 kHz bandwidth.

### 350 kHz Frequency Offset. 

22. *Background.* The 6.25 kHz, 12.5 kHz and 25 kHz bandwidth ACP tables
    contained in Section 90.543 of the Commission's Rules currently do
    not limit emissions in the frequency offset range between 300 and
    400 kHz, but only establish an ACP limit in the frequency offset
    range in this band using 150 kHz bandwidth.[^57] The Commission
    sought comment on whether to specify an ACP limit of -65 dBc at the
    350 kHz offset, using 100 kHz measurement bandwidth, and noted that
    the ACP limit of -65 dBc would be equivalent to the value currently
    governing the frequency offset at 250 kHz. The Commission also
    observed that this limit reflected a consensus by industry.[^58]

23. *Decision.* We will modify Section 90.543 to specify an ACP limit of
    -65 dBc at the 350 kHz offset, with a 100 kHz measurement bandwidth.
    Because this limit of -65 dBc is equivalent to the value currently
    governing the frequency offset at 250 kHz, we believe it should
    limit the potential for interference from transmitters using 6.25
    kHz, 12.5 kHz or 25 kHz bandwidth.

### Base Station Frequency Offsets Greater than 400 kHz. 

24. *Background.* In the *Sixth NPRM* the Commission sought comment on
    amending the ACP limits, at offset frequencies greater than 400 kHz,
    for base station transmitters operating with a 6.25 kHz, 12.5 kHz or
    25 kHz bandwidth.[^59] In particular, the Commission sought comment
    on specifying an ACP limit of -80 dBc for frequency offsets between
    400 kHz and the base receive band. Currently, Section 90.543(a) of
    the Commission's Rules[^60] specifies a formula to derive maximum
    ACP limits for measurements at offsets greater than 400 kHz up to
    the base receive band. The resultant value begins at -80 dBc at 400
    kHz and continues at the rate of -6dB/octave up to the base receive
    band. This formula produces an ACP limit of -116 dBc before the base
    receive band---which is located between 30 MHz and 42 MHz away from
    the base transmit band---is reached. This result conflicts with
    Section 90.543(a) of the Commission's Rules which sets a maximum ACP
    limit of -100 dBc for offset frequencies in the base receive band.
    Therefore, the Commission sought comment on eliminating this
    potential conflict by implementing a single -80 dBc limit for all
    offset frequencies between 400 kHz and the base receive band.[^61]

25. *Decision.* We will revise Section 90.543(a) of the Commission's
    Rules to specify an ACP limit of -80 dBc for frequency offsets
    between 400 kHz and the base receive band. Although, no commenting
    party directly addressed this discrepancy,[^62] we believe that
    adequate interference protection will be achieved by our adopting
    the uniform -80 dBc limit. We make the changes to the tables which
    specify ACP limits for base station transmitters operating with
    bandwidths of 6.25 kHz, 12.5 kHz, or 25 kHz.

### Values for Offsets Greater than 400 kHz. 

26. *Background.* In the *Sixth NPRM*, the Commission sought comment on
    replacing the row entitled "\>400 to receive band" in the ACP tables
    of Section 90.543 of the Commission's Rules with two new, more
    specific, rows.[^63] The purpose of this proposed change was to
    ensure consideration of unwanted emissions that are offset more than
    400 kHz both above and below the authorized center frequency.[^64]

27. For mobile units, the receive band is located at 764-776 MHz, which
    is eighteen megahertz below the start of the mobile transmit band at
    794-806 MHz. The Commission sought comment on adding a new row to
    the ACP tables for mobile transmitters, which would govern offsets
    greater than 400 kHz and up to twelve megahertz.[^65] This new row
    would include all emissions within twelve megahertz (plus or minus)
    of the center frequency of a mobile transmitter, including the
    entire mobile transmit band, 794-806 MHz.[^66] A second row was
    proposed to govern the remaining range from twelve megahertz below
    the transmitter frequency to the mobile receive band at 764-776
    MHz.[^67] For these two new rows, the Commission sought comment on
    an ACP limit of -75 dBc.[^68]

28. For base stations, the receive band is located at 794-806 MHz, which
    is eighteen megahertz above the end of the base transmit band at
    764-776 MHz. The Commission sought comment on adding a new row to
    the ACP tables for base stations that would govern offsets greater
    than 400 kHz up to twelve megahertz.[^69] This new row would include
    all emissions within twelve megahertz (plus or minus) of the center
    frequency of a base transmitter, including the entire base transmit
    band 764-776 MHz.[^70] A second row was proposed to govern the
    remaining range from twelve megahertz above the transmitter
    frequency to the base receive band at 794-806 MHz.[^71] For these
    two new rows, the Commission sought comment on an ACP limit of -80
    dBc.[^72]

29. *Decision.* Although, no commenting party directly addressed this
    issue,[^73] we believe replacing all rows in Section 90.543(a)
    entitled "\>400 to receive band" with the new rows described above
    will clarify that ACP limitations for offsets greater than 400 kHz
    apply to emissions that lie both above and below the authorized
    center frequency. This will control in-band emissions on adjacent
    public safety channels. Because the mobile and base transmit
    segments of the 700 MHz band span twelve megahertz (764-776 MHz for
    base and 794-806 MHz for mobile), the new row "\>400 kHz to 12 MHz"
    will clarify that stations operating near the band edges must not
    exceed the ACP values intended to protect adjacent channel public
    safety units from interference. We will replace all rows in Section
    90.543(a) entitled "\>400 kHz to 12 MHz" with two new rows
    specifying: (1) limits for offsets greater than 400 kHz up to twelve
    megahertz; and (2) limits for offsets from twelve megahertz to the
    receive band. For mobile transmitters, these new rows will list an
    ACP limit of -75 dBc while for base transmitters these new rows will
    list an ACP limit of -80 dBc.

### Deletion of ACP Absolute (dBm) Values for Mobiles. 

30. *Background.* In the *Sixth NPRM*, the Commission sought comment on
    deleting the "Maximum ACCP Absolute (dBm)" column from the mobile
    transmitter tables in Section 90.543.[^74] This column was
    originally intended to set absolute ACP emission limits for mobile
    and portable transmitters employing automatic power control.[^75] In
    the *First R&O*, the Commission required that all mobile and
    portable transmitters operating in the 700 MHz band employ automatic
    power control.[^76] However, in the *Second MO&O*, the Commission
    made automatic power control optional, but neglected to amend
    Section 90.543(a) to reflect this change.[^77] Therefore, the
    Commission sought comment on whether deleting the columns entitled
    "Maximum ACCP Absolute (dBm)" would eliminate any inference that
    automatic power control was required for mobile or portable
    units.[^78] The Commission also noted that this change would make
    the mobile transmitter tables consistent with the base transmitter
    tables, which specify limits only in terms of ACP levels relative to
    the maximum output power.[^79]

31. *Decision.* Although, no commenting party directly addressed this
    issue,[^80] we believe deleting the columns labeled "Maximum ACCP
    Absolute (dBm)" from the mobile transmitter tables in Section 90.543
    of the Commission's Rules will eliminate any inference that there is
    a requirement for automatic power control of mobile and portable
    units and will ensure that the mobile transmitter tables---like the
    base transmitter tables---will specify limits only in terms of ACP
    levels relative to the maximum output power.

### ACP Values for Transmitters Operating in the 700 MHz Guard Bands. 

32. *Background.* Section 27.53(d) of the Commission's rules requires
    transmitters operating in the 700 MHz guard bands (the 746-747 MHz,
    762-764 MHz, 776-777 MHz, and 792-794 MHz bands) to satisfy emission
    limits identical to those set forth in Section 90.543 of the
    Commission's Rules,[^81] which govern public safety transmitters in
    the 700 MHz band. Because the Commission proposed changes to Section
    90.543 of the Commission's Rules in the *Sixth NPRM,* it also
    proposed corresponding changes to the ACP limits of Section 27.53(d)
    of the Rules.[^82]

33. All commenting parties who address this issue support conforming the
    ACP limits contained in Section 27.53(d) of the Rules[^83] to the
    corresponding requirements in Section 90.543.[^84] For instance,
    M/A-COM states that compatible changes need to be made to Section
    27.53(d) in order for the guard bands to realize their full
    potential and still provide sufficient protection to adjacent public
    safety systems.[^85]

34. *Decision.* We believe that the changes adopted in Section 90.543
    for public safety transmitters in the 700 MHz band should also be
    adopted in Section 27.53(d) for transmitters in the 700 MHz Guard
    Band. Adoption of the recommended values ensures that the
    Commission's Rules reflect the latest industry technical standards.
    In addition, these changes will harmonize the mobile and base
    transmitter requirements of Section 27.53(d) of the Rules with
    Section 90.543 of the Rules. Accordingly, we will adopt
    corresponding revisions to Section 27.53(d) for the 700 MHz Guard
    Band channels.

# Seventh Notice of Proposed Rulemaking

## TIA-PRS Proposals

35. In response to the *Sixth NPRM*, TIA-PRS recommended further changes
    to the ACP requirements in Sections 90.543, which they claim
    represent a consensus opinion of manufacturers interested in
    building 700 MHz public safety equipment based on current
    technology.[^86] TIA-PRS claims that adoption of these
    recommendations will expedite the availability of equipment for the
    700 MHz band.[^87]

### ACP Values for 50, 100 and 150 kHz Mobile and Base Station Transmitters. 

36. Section 90.543 of the Commission's Rules[^88] currently contains ACP
    limits for wideband base and mobile transmitters operating with 150
    kHz channel bandwidth. TIA-PRS recommends adding tables that would
    describe ACP emission limits for transmitters operating with 50 kHz
    and 100 kHz bandwidths.[^89] TIA-PRS believes that these additional
    tables will provide manufacturers with greater flexibility in
    designing wideband equipment for channel bandwidths other than 150
    kHz.[^90] TIA-PRS also suggests revising the table for 150 kHz
    operations.[^91] We seek comment on the wideband transmitter tables
    suggested by TIA-PRS shown below:

    **50 kHz Mobile Transmitter ACP Requirements**

+--------------------------+-----------------------+------------------+
| Offset from Center       | Measurement           | Maximum          |
|                          |                       |                  |
| Frequency (kHz)          | Bandwidth (kHz)       | ACP (dBc)        |
+--------------------------+-----------------------+------------------+
| 50                       | 50                    | -40              |
+--------------------------+-----------------------+------------------+
| 100                      | 50                    | -50              |
+--------------------------+-----------------------+------------------+
| 150                      | 50                    | -50              |
+--------------------------+-----------------------+------------------+
| 200                      | 50                    | -50              |
+--------------------------+-----------------------+------------------+
| 250                      | 50                    | -50              |
+--------------------------+-----------------------+------------------+
| 300                      | 50                    | -50              |
+--------------------------+-----------------------+------------------+
| 350                      | 50                    | -50              |
+--------------------------+-----------------------+------------------+
| 400                      | 50                    | -50              |
+--------------------------+-----------------------+------------------+
| 450                      | 50                    | -50              |
+--------------------------+-----------------------+------------------+
| 500                      | 50                    | -50              |
+--------------------------+-----------------------+------------------+
| 550                      | 50                    | -50              |
+--------------------------+-----------------------+------------------+
| 600 to 1000              | 30 (s)                | -60              |
+--------------------------+-----------------------+------------------+
| 1000 to 2000             | 30 (s)                | -65              |
+--------------------------+-----------------------+------------------+
| 2000 to 9000             | 30 (s)                | -70              |
+--------------------------+-----------------------+------------------+
| 9 MHz to paired          | 30 (s)                | -70              |
|                          |                       |                  |
| receive band             |                       |                  |
+--------------------------+-----------------------+------------------+
| In the paired            | 30 (s)                | -100             |
|                          |                       |                  |
| receive band             |                       |                  |
+--------------------------+-----------------------+------------------+

100 kHz Mobile Transmitter ACP Requirements

+--------------------------+---------------------+---------------------+
| Offset from Center       | Measurement         | Maximum             |
|                          |                     |                     |
| Frequency (kHz)          | Bandwidth (kHz)     | ACP (dBc)           |
+--------------------------+---------------------+---------------------+
| 75                       | 50                  | -40                 |
+--------------------------+---------------------+---------------------+
| 125                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 175                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 225                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 275                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 325                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 375                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 425                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 475                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 525                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 575                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 600 to 1000              | 30 (s)              | -60                 |
+--------------------------+---------------------+---------------------+
| 1000 to 2000             | 30 (s)              | -65                 |
+--------------------------+---------------------+---------------------+
| 2000 to 9000             | 30 (s)              | -70                 |
+--------------------------+---------------------+---------------------+
| 9 MHz to paired          | 30 (s)              | -70                 |
|                          |                     |                     |
| receive band             |                     |                     |
+--------------------------+---------------------+---------------------+
| In the paired            | 30 (s)              | -100                |
|                          |                     |                     |
| receive band             |                     |                     |
+--------------------------+---------------------+---------------------+

150 kHz Mobile Transmitter ACP Requirements

+--------------------------+---------------------+---------------------+
| Offset from Center       | Measurement         | Maximum             |
|                          |                     |                     |
| Frequency (kHz)          | Bandwidth (kHz)     | ACP (dBc)           |
+--------------------------+---------------------+---------------------+
| 100                      | 50                  | -40                 |
+--------------------------+---------------------+---------------------+
| 150                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 200                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 250                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 300                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 350                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 400                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 450                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 500                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 550                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 600 to 1000              | 30 (s)              | -60                 |
+--------------------------+---------------------+---------------------+
| 1000 to 2000             | 30 (s)              | -65                 |
+--------------------------+---------------------+---------------------+
| 2000 to 9000             | 30 (s)              | -70                 |
+--------------------------+---------------------+---------------------+
| 9 MHz to paired          | 30 (s)              | -70                 |
|                          |                     |                     |
| receive band             |                     |                     |
+--------------------------+---------------------+---------------------+
| In the paired            | 30 (s)              | -100                |
|                          |                     |                     |
| receive band             |                     |                     |
+--------------------------+---------------------+---------------------+

50 kHz Base Transmitter ACP Requirements

+--------------------------+---------------------+---------------------+
| Offset from Center       | Measurement         | Maximum             |
|                          |                     |                     |
| Frequency (kHz)          | Bandwidth (kHz)     | ACP (dBc)           |
+--------------------------+---------------------+---------------------+
| 50                       | 50                  | -40                 |
+--------------------------+---------------------+---------------------+
| 100                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 150                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 200                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 250                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 300                      | 50                  | -55                 |
+--------------------------+---------------------+---------------------+
| 350                      | 50                  | -55                 |
+--------------------------+---------------------+---------------------+
| 400                      | 50                  | -60                 |
+--------------------------+---------------------+---------------------+
| 450                      | 50                  | -60                 |
+--------------------------+---------------------+---------------------+
| 500                      | 50                  | -60                 |
+--------------------------+---------------------+---------------------+
| 550                      | 50                  | -60                 |
+--------------------------+---------------------+---------------------+
| 600 to 1000              | 30 (s)              | -65                 |
+--------------------------+---------------------+---------------------+
| 1000 to 2000             | 30 (s)              | -70                 |
+--------------------------+---------------------+---------------------+
| 2000 to 9000             | 30 (s)              | -75                 |
+--------------------------+---------------------+---------------------+
| 9 MHz to paired          | 30 (s)              | -75                 |
|                          |                     |                     |
| receive band             |                     |                     |
+--------------------------+---------------------+---------------------+
| In the paired            | 30 (s)              | -85                 |
|                          |                     |                     |
| receive band             |                     |                     |
+--------------------------+---------------------+---------------------+

100 kHz Base Transmitter ACP Requirements

+--------------------------+---------------------+---------------------+
| Offset from Center       | Measurement         | Maximum             |
|                          |                     |                     |
| Frequency (kHz)          | Bandwidth (kHz)     | ACP (dBc)           |
+--------------------------+---------------------+---------------------+
| 75                       | 50                  | -40                 |
+--------------------------+---------------------+---------------------+
| 125                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 175                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 225                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 275                      | 50                  | -55                 |
+--------------------------+---------------------+---------------------+
| 325                      | 50                  | -55                 |
+--------------------------+---------------------+---------------------+
| 375                      | 50                  | -60                 |
+--------------------------+---------------------+---------------------+
| 425                      | 50                  | -60                 |
+--------------------------+---------------------+---------------------+
| 475                      | 50                  | -60                 |
+--------------------------+---------------------+---------------------+
| 525                      | 50                  | -60                 |
+--------------------------+---------------------+---------------------+
| 575                      | 50                  | -60                 |
+--------------------------+---------------------+---------------------+
| 600 to 1000              | 30 (s)              | -65                 |
+--------------------------+---------------------+---------------------+
| 1000 to 2000             | 30 (s)              | -70                 |
+--------------------------+---------------------+---------------------+
| 2000 to 9000             | 30 (s)              | -75                 |
+--------------------------+---------------------+---------------------+
| 9 MHz to paired          | 30 (s)              | -75                 |
|                          |                     |                     |
| receive band             |                     |                     |
+--------------------------+---------------------+---------------------+
| In the paired            | 30 (s)              | -85                 |
|                          |                     |                     |
| receive band             |                     |                     |
+--------------------------+---------------------+---------------------+

150 kHz Base Transmitter ACP Requirements

+--------------------------+---------------------+---------------------+
| Offset from Center       | Measurement         | Maximum             |
|                          |                     |                     |
| Frequency (kHz)          | Bandwidth (kHz)     | ACP (dBc)           |
+--------------------------+---------------------+---------------------+
| 100                      | 50                  | -40                 |
+--------------------------+---------------------+---------------------+
| 150                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 200                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 250                      | 50                  | -50                 |
+--------------------------+---------------------+---------------------+
| 300                      | 50                  | -55                 |
+--------------------------+---------------------+---------------------+
| 350                      | 50                  | -55                 |
+--------------------------+---------------------+---------------------+
| 400                      | 50                  | -60                 |
+--------------------------+---------------------+---------------------+
| 450                      | 50                  | -60                 |
+--------------------------+---------------------+---------------------+
| 500                      | 50                  | -60                 |
+--------------------------+---------------------+---------------------+
| 550                      | 50                  | -60                 |
+--------------------------+---------------------+---------------------+
| 600 to 1000              | 30 (s)              | -65                 |
+--------------------------+---------------------+---------------------+
| 1000 to 2000             | 30 (s)              | -70                 |
+--------------------------+---------------------+---------------------+
| 2000 to 9000             | 30 (s)              | -75                 |
+--------------------------+---------------------+---------------------+
| 9 MHz to paired          | 30 (s)              | -75                 |
|                          |                     |                     |
| receive band             |                     |                     |
+--------------------------+---------------------+---------------------+
| In the paired            | 30 (s)              | -85                 |
|                          |                     |                     |
| receive band             |                     |                     |
+--------------------------+---------------------+---------------------+

37. We agree with TIA-PRS that the values contained in these tables may
    offer manufacturers greater flexibility in designing wideband
    equipment with bandwidths other than 150 kHz. In addition, we note
    that this proposal dovetails with our policy of allowing licensees
    to aggregate wideband channels from 50 kHz "building blocks."[^92]
    Further, we agree with the majority of the values TIA-PRS proposes
    for these wideband tables and note that they reflect industry
    consensus and are consistent with current limits for wideband
    channels.[^93] We therefore tentatively conclude to revise Section
    90.543 of our Rules in accordance with the recommendations, with the
    exception noted in the paragraphs below.[^94] We seek comment on our
    tentative conclusion.

### Relaxing ACP Limits for Base Stations in Paired Receive Band. 

38. TIA-PRS proposes relaxing the ACP requirement of -100 dBc in the
    paired receive band to -85 dBc, for both wideband and narrowband
    base station transmitters, suggesting that licensees can easily
    offset the change in the ACP limit by providing fifteen dB of
    additional protection through the use of filters external to the
    base station transmitter.[^95] TIA-PRS notes that such external
    filters are routinely installed at transmitter sites in order to
    permit "duplex" operation.[^96] Thus, TIA-PRS suggests that since
    filters external to the base station transmitter can prevent
    interference to co-sited, paired base receivers, we can relax the
    -100 dBc ACP requirement.[^97]

39. We are not persuaded by TIA-PRS's reasoning. We are disinclined to
    adopt less stringent interference protections for all base stations
    operating in the 700 MHz Public Safety Band. TIA-PRS does not
    dispute that -100 dBc is an appropriate value for out of band
    emissions but merely opines that licensees can offset the relaxation
    of the ACP value by regaining the -15 dBc of protection through the
    use of filters external to the base station.[^98] The TIA-PRS
    proposal effectively transfers the cost of providing additional
    interference protection from manufacturers to licensees, potentially
    forcing public safety entities with limited budgets to purchase
    additional equipment that might otherwise not be necessary.
    Moreover, the TIA-PRS proposal would compromise the Commission's
    equipment certification process by allowing the certification of
    equipment that fails to provide an optimal level of interference
    protection, relying instead upon an unenforceable expectation that
    licensees would purchase additional equipment to meet the optimal
    level of interference protection. We therefore tentatively conclude
    to retain an ACP requirement of -100 dBc in the paired receive band
    in both the wideband and narrowband base station tables. We seek
    comment on our tentative conclusion.

### Corresponding Changes to ACP Limits for Guard Band Transmitters. 

40. TIA-PRS suggests that the Commission amend Section 27.53(d) of the
    Commission's Rules in conformance with its proposed changes to
    Section 90.543(a) of the Rules.[^99] We note that the Commission
    based the ACP limits contained in Section 27.53(d) of the Rules on
    the same limits contained Section 90.543(a) of the rules in order to
    ensure that equipment operating in the 700 MHz Guard Band provided
    the same level of interference protection as equipment operating in
    the 700 MHz Public Safety Band.[^100] Therefore, we tentatively
    conclude that we should apply TIA-PRS's proposal to conform Section
    27.53(d) of the Rules to Section 90.543(a) of the Rules. We seek
    comment on this tentative conclusion.

### Secondary Fixed Operations and Digital Base Station ID. 

41. TIA-PRS suggests that the 700 MHz rules be updated to address
    secondary fixed operation, and station identification of digital
    base stations.[^101] TIA-PRS believes that existing rules covering
    such operations at 806-824 MHz/851-869 MHz (800 MHz band) provide a
    suitable framework for 700 MHz band systems.[^102] While we
    recognize that TIA-PRS represents an industry consensus view,
    consensus does not always mean unanimity. We therefore seek comment
    on whether we should update the 700 MHz rules as suggested by
    TIA-PRS and whether the existing rules for the 800 MHz band should
    apply.

## Access Spectrum Proposals

42. Access Spectrum requests that the Commission make clear that
    out-of-band emission requirements for the 700 MHz Guard Band apply
    only at the boundaries of a commercial licensee's authorized
    allocation.[^103] Access Spectrum argues that a general policy of
    applying out-of-band emission limitations only at the boundaries of
    a commercial licensee's authorized spectrum, has been implemented
    for commercial service in the 800 MHz SMR, 900 MHz SMR, PCS and 700
    MHz commercial bands.[^104]

43. We tentatively agree with Access Spectrum. We believe that, like
    other commercial licensees, emission limits for Guard Band licensees
    should apply only outside a licensee's authorized frequency block.
    Therefore, we propose to add language to Section 27.53(d) of the
    Rules[^105] specifying that 700 MHz Guard Band licensees need only
    satisfy ACP limits outside their authorized frequency band of
    operation. We seek comment on our tentative conclusion.

44. Access Spectrum also believes that the ACP requirements for the 700
    MHz Guard Band contained in Section 27.53(d) of the Rules should be
    more flexible then those set out in Section 90.543(a), in order to
    accommodate a wider variety of equipment designs.[^106] Access
    Spectrum suggests that ACP limits for the 700 MHz Guard Band should
    be easily scalable to correspond to any authorized bandwidth.[^107]
    For instance, Access Spectrum states that the current ACP limits
    would be unclear for a manufacturer who intends to design a
    transmitter to operate on a "non-standard," *e.g.*, 200 kHz,
    channel.[^108]

45. We seek comment on Access Spectrum's proposal. We note, however,
    that Access Spectrum fails to explain how scalable ACP limits would
    be established. Therefore, any commenting party supporting this
    proposal should offer specific suggestions for establishing ACP
    limits scalable to any bandwidth. In addition, commenting parties
    who support scalable ACP limits should indicate whether or not they
    have obtained industry consensus on this issue.

## Nortel/EADS Proposal

46. In response to the *Sixth NPRM*, Nortel and EADS jointly suggest a
    further change to the ACP requirements of Section 90.543(a).[^109]
    They propose that the Commission adjust the first offset value for
    12.5 kHz bandwidth transmitters from 9.375 kHz to 9.55 kHz.[^110] In
    addition, Nortel/EADS suggest that the Commission modify the
    measurement bandwidth for this first offset from 6.25 kHz to 5.9
    kHz.[^111] They believe these changes will permit use of more
    spectrally efficient technologies in the 700 MHz band.[^112]
    Nortel/EADS also state that they believe similar changes should be
    made to the 6.25 kHz and 25 kHz bandwidth tables; however, they
    propose no specific values.[^113]

47. We seek comment on the proposed revisions to the 12.5 kHz bandwidth
    tables of Section 90.543(a). Specifically, we seek comment on
    whether the change proposed by Nortel/EADS would promote the use of
    spectrally efficient technology without increasing interference
    potential. We also seek comment on whether similar changes should be
    made to the first offset in the 6.25 kHz and 25 kHz bandwidth
    tables. Commenting parties who support changes to the 6.25 kHz and
    25 kHz bandwidth tables should make specific proposals and indicate
    whether or not they have obtained industry consensus on their
    proposals.

## NCC Recommendations

48. In this *Seventh Notice*, we discuss a number of recommendations
    made by the NCC. Some recommendations addressed the 700 MHz Public
    Safety Band, while others concern other public safety bands. In the
    paragraphs below, we address those recommendations.

### Wideband Interoperability Channel Standard

49. The Commission tasked the NCC to develop a set of standards for the
    700 Mhz interoperability channels in conjunction with an American
    National Standards Institute (ANSI)-accredited standards
    developer.[^114] In 2000, the NCC recommended that the Commission
    adopt Project 25 Phase I as the standard for the 700 MHz narrowband
    interoperability channels,[^115] but stated that additional work was
    needed on a wideband standard. In the *First R&O,* the Commission,
    responding to NCC recommendations, adopted the narrowband standards,
    but believed that it would be premature to adopt wideband standards
    at that time, absent an NCC recommendation.[^116]

50. The NCC sought the assistance of TIA to help develop a standard for
    the 700 MHz wideband interoperability channels,[^117] and in July
    2003, recommended that the Commission adopt the 700 MHz wideband
    standard known as Scalable Adaptive Modulation (SAM).[^118] The SAM
    standard, which was adopted by industry consensus in cooperation
    with the TIA, is comprised of the TIA-902 suite of standards, all
    but one of which has been published.[^119] We continue to believe
    that, if interoperability is to be achieved on the 700 MHz wideband
    interoperability channels, a single standard must be selected to
    ensure equipment compatibility.[^120] Accordingly, we tentatively
    conclude that we should adopt the SAM standard as proposed by the
    NCC as the standard for the 700 MHz wideband interoperability
    channels. We solicit comment on our tentative conclusion.

### Wideband Radio Channel Requirement

51. In the *Second NPRM*, the Commission sought comment on whether to
    require all public safety mobile and portable radios designed to
    operate in the 700 MHz Public Safety Band be capable of operating on
    all interoperability channels in the band.[^121] The Commission
    subsequently adopted a rule requiring narrowband mobile and portable
    700 MHz band public safety radios, in general, to be capable of
    operating on all the 700 MHz narrowband interoperability
    channels,[^122] but decided that, due to a lack of a NCC
    recommendation, it was inappropriate to adopt the same requirement
    for mobile and portable radios operating on the 700 MHz wideband
    interoperability channels at that time.[^123]

52. When the NCC recommended the TIA-902 (SAM) standard for wideband
    data radios,[^124] it suggested that the Commission revisit its
    determination that wideband data compatibility should not be
    required.[^125] Its work with the TIA-902 (SAM) standard led the NCC
    to conclude that wideband data compatibility was readily achievable
    at little additional expense and, therefore, that wideband radios,
    with one exception, should be capable of operating on all the
    wideband interoperability channels using the TIA-902 (SAM) standard.
    The only exception to this requirement, the NCC notes, should be for
    "single purpose equipment, such as a video camera with an integral
    wideband data modem."[^126]

53. We believe the rules governing interoperability channels should be
    similar for wideband and narrowband mobile and portable radios.
    Therefore, we tentatively conclude that the rules should be amended
    to require wideband mobile and portable radios to be capable of
    operating on all the wideband interoperability channels using the
    TIA-902 (SAM) standard, with the one exception recommended by the
    NCC: special-purpose equipment where the modem is integral to the
    special-purpose device (*i.e.,* a non-detachable component in a
    common enclosure or case). We ask for comments on this tentative
    conclusion, including recommendations on how best to define specific
    exceptions.[^127]

### Section 90.548

54. Section 90.548 of the Commission's rules sets forth the technical
    standards for the 700 MHz narrowband interoperability
    channels.[^128] The NCC recommends that the Commission amend this
    section to reflect a "changed standard in the ANSI/TIA/EIA documents
    applicable to the narrowband voice/data channels."[^129]
    Specifically, the NCC states that the standard for automatic
    frequency control currently referenced in Section 90.548 of the
    Commission's rules (ANSI/TIA/EIA-102.BAAA-1998) will not meet the
    frequency stability requirements set out in Section 90.539 of the
    Commission's rules.[^130] The NCC recommends that the rules
    reference a revised document ANSI/TIA/EIA-102.BAAA-A-203 which now
    specifies a frequency stability that meets the rules.[^131] In
    addition, TIA-PRS notes that they have revised or reaffirmed several
    additional documents referenced in Section 90.548 and that these
    references should also be updated.[^132] Specifically, TIA-PRS
    suggests that Section 90.548 reference the following updated
    documents:

-   Project 25 Vocoder Description ANSI/TIA/EIA-102.BABA-2003
    (reaffirmed December 2003);

-   Project 25 Data Overview-New Technology Standards Project-Digital
    Radio technical Standards ANSI/TIA/EIA-102.BAEA-A-2004 (revised June
    2004); and

-   Project 25 Radio Management Protocol ANSI/TIA/EIA-102.BAEE-A-2004
    (renamed and revised June 2004 replacing Radio Control Protocol
    (RCP) - New Technology Standards Project -- Digital Radio Technical
    Standards ANSI/TIA/EIA-102.BAEE-2000).[^133]

55. We agree with the NCC and TIA-PRS that our rules should reflect the
    latest technical standards for narrowband interoperability channels.
    Therefore, we tentatively conclude to amend the rules to incorporate
    by reference the revised documents listed above. We ask for comments
    on this tentative conclusion.

### Encryption Standard

56. In the *Fourth R&O,* the Commission decided that encryption should
    be permitted on the 700 MHz interoperability channels and adopted
    the TIA/EIA IS 102 AAAAA Project 25 DES encryption standard as
    recommended by the NCC.[^134] The NCC states that this standard has
    been superceded by the Advanced Encryption Standard (AES) because
    the DES standard had been compromised and is no longer suitable for
    encrypting sensitive public safety information.[^135] The NCC
    recommends that the Commission amend the rules to reflect this new
    document: Project 25 Block Encryption Protocol, approved June 13,
    2002, Telecommunications Industry Association,
    ANSI/TIA/EIA-102-AAAD-2002, Annex C-Advanced Encryption Standard. We
    agree with the NCC that our rules should reflect the latest
    standard, therefore, we tentatively conclude to amend the
    Commission's rules to incorporate by reference the revised document.
    We ask for comments on this tentative conclusion.

### Display Labeling (Nomenclature)

57. As a general matter, transmitters used under Part 90 of our Rules
    must be certificated for use.[^136] In its report, the NCC
    recommended that we require mobile units certificated for use under
    Part 90 of the Rules be capable of displaying standardized
    Interoperability Channel labels alphanumerically if the radios are
    equipped with alphanumeric displays.[^137] The NCC also recommended
    that when a mobile radio is operating in the direct (simplex)
    mode,[^138] the letter "D" should be appended to the end of the
    displayed channel label.[^139] For instance, when a radio displayed
    "7TAC63D" on its alphanumeric display, the user would know that the
    radio was tuned to a channel in the 700 MHz band, that such channel
    was designated for tactical purposes, that it was the sixty-third
    frequency in sequence, and that the radio was operating in the
    direct mode.[^140] The NCC asserted that adoption of these rules
    would allow the establishment of a nationally standardized format to
    communicate on Interoperability Channels. The information conveyed
    by the alphanumeric display would eliminate guesswork, as between
    users, on the actual channel to be used during a multi-agency
    response.[^141]

58. In the *Fourth Report and Order* in this proceeding, the Commission
    declined to adopt a rule codifying the NCC's recommendations,
    *supra*, because it believed the practical and administrative
    burdens of such a requirement would outweigh the benefits; and, that
    to adopt such a rule could be construed as excessive Federal
    involvement in what was essentially a "user feature" of the radio,
    unrelated to the parameters usually considered in the equipment
    certification process.[^142] The Commission then directed the NCC to
    consider the development of an industry-standardized---rather than
    Commission-mandated---scheme for display labeling.[^143]

59. In its July 25, 2003 letter, the NCC reiterated its recommendation
    that the Commission adopt such standards---rather than leaving them
    to industry---and filed a revised channel nomenclature
    recommendation.[^144] Subsequently, in September 2004, the National
    Public Safety Telecommunications (NPSTC) reiterated its interest in
    this issue in a letter to the Chief of the Wireless
    Telecommunications Bureau.[^145] NPSTC noted that the Commission's
    recent action to resolve interference to public safety systems
    operating in the 800 MHz band[^146] provided an opportunity to
    accomplish the reprogramming of public safety radios in the 800 MHz
    band to also comply with the NCC's recommended nomenclature
    standards.[^147]

60. We remain aware of the interest in common nomenclature for radio
    channels among public safety organizations, but are not persuaded
    that we are warranted in overturning our initial determination.
    There are over 40,000 public safety licensees in this country, with
    each licensee having its own organizational culture and operational
    requirements. We do not have the organizational expertise to tell
    public safety licensees what radio channel nomenclature to use,
    particularly in critical tactical situations. We note, however, that
    we do not minimize the significance of common nomenclature, note
    that it is being considered by the Department of Homeland
    Security,[^148] and pledge our ongoing cooperation with that
    Department in this, and other issues critical to public safety.

61. In summary, we tentatively conclude to decline to mandate the use of
    a standard channel nomenclature for interoperability channels and to
    decline to require equipment mobile units certificated for use under
    Part 90 of the Rules be capable of displaying standardized
    Interoperability Channel labels alphanumerically if the radios are
    equipped with alphanumeric displays. We seek comment on these
    tentative conclusions.

### 700 MHz System Design Parameters

62. The NCC suggests that 700 MHz public safety systems should be
    designed so that the minimum signal at the edge of the operational
    area is not less than 40 dBu/V (forty decibels above one-microvolt
    per meter.)[^149] However, in "unfavorable interference
    environments" or for systems requiring in-building coverage, the NCC
    recommends that the minimum coverage design criterion should be a
    signal ten times stronger, *i.e.*, 50 dBμ/V. The NCC also suggests
    that designers follow the procedures set out in TIA Technical
    Services Bulletin No. 88 when considering co-channel and adjacent
    channel assignments. The NCC does not recommend codification of the
    foregoing recommendations or standards but seeks only to make
    designers aware that systems not designed to these criteria may be
    vulnerable to harmful interference.[^150]

63. We believe that the specific design parameters are best left to
    licensees, but agree there may be some benefit to recognizing (but
    not codifying) certain general system design parameters. Therefore,
    we seek comment on the NCC recommended design parameters. We ask for
    suggestions on to what extent, if any, the Commission should promote
    use of "recommended" design parameters for the public safety 700 MHz
    band.

### State Interoperability Executive Committee (SIEC) 

64. *Revision of the term.* The NCC contends that "anecdotal evidence"
    suggests that the term "State Interoperability Executive Committee"
    implies that states should control rather than administer
    interoperability channel use (*i.e.,* the term carries with it an
    implication that there is no role for county and local governments
    in the process).[^151] To dispel this impression, it recommends that
    the Commission refer to these committees as "Statewide
    Interoperability Executive Committees" and to make it clear that
    such committees must be broadly representative of all potential
    users within the state. Because the term "State Interoperability
    Executive Committee" was used in the *NCC Report* but does not
    appear in the Commission's Rules,[^152] we tentatively conclude that
    this issue does not require Commission action. We seek comment on
    this tentative conclusion.

65. With regard to the issue of "state control" versus "state
    administration," we note that, in the *Fourth R&O,* the Commission
    concluded that states should administer the Interoperability
    channels given the central role they play in managing large-scale
    emergencies and their enhanced ability to coordinate with the
    Federal Government.[^153] Thus, the Commission requires that the
    state-level agency or organization responsible for administering
    state emergency communications (or its designee) must approve any
    base station application for 700 MHz Interoperability
    channels.[^154] We require this because we believe a certain amount
    of control is necessary in order to minimize interference and
    facilitate a seamless, coordinated interoperability communications
    capability that will promote the safety of life and property. The
    purpose of the Interoperability channels, however, is to allow all
    public safety eligibles to communicate with one another. Therefore,
    we would expect states to look favorably, whenever possible, on
    applications for Interoperability channels from any eligible public
    safety user (*e.g.,* county and local government entities) within
    the state. However, we tentatively conclude that Commission action
    is not warranted in this regard. We seek comment on our tentative
    conclusion.

66. *Mandatory SIECs*. The NCC contends that it is crucial for Homeland
    security purposes that the Commission require that each state:

-   have an identified point of contact for information on the state's
    interoperability capabilities (a SIEC, or equivalent);

-   be given jurisdiction of all interoperability channels regardless of
    band (*i.e.,* 150, 450, 700 and 800 MHz); and

-   have an interoperability plan that is available to adjacent states
    and the Federal Government, and that the plan be updated at least
    every three years.[^155]

67. The Commission has previously stated its support for the creation of
    SIECs but has declined to require their formation.[^156] In reaching
    this conclusion, the Commission decided to defer to state
    government, decisions regarding management of their communications
    resources. The Commission also pointed out that some states already
    have a mechanism in place that could administer the Interoperability
    channels and, therefore, requiring a SIEC could be
    duplicative.[^157] While we continue to believe that there are
    benefits to states creating or identifying a state-level agency or
    organization such as a SIEC to handle interoperability
    communications and other Homeland security issues, nothing in the
    record before us makes us believe the Commission should require
    their use. We continue to believe that states, rather than the
    Commission, are best able to determine how to manage their resources
    in the most efficient, effective and expeditious manner.

68. We agree with the NCC that states should have a periodically updated
    interoperability plan that is available to other entities including
    adjacent states and the Federal Government. However, we note that
    that both Congress and the President have clearly indicated that the
    responsibility of building a "comprehensive national incident
    management system" rests with the Secretary of the Department of
    Homeland Security.[^158] Moreover, since a comprehensive
    interoperability plan involves more than just radio
    communications,[^159] we are concerned that a Commission-mandated
    plan could be repetitive or potentially counterproductive relative
    to other ongoing federal efforts concerning interoperability and
    Homeland security initiatives. We therefore tentatively conclude not
    to require the mandatory creation of SIECs and seek comment on our
    tentative conclusion.[^160]

### Regional Planning

69. *Mandatory Use of a Pre-coordination Database.* In the *Fourth R&O*,
    the Commission declined to require Regional Planning Committees
    (RPCs) to use a pre-coordination database. The Commission noted
    that, while such a database had great merit for planning purposes,
    mandating the use of an undeveloped database might not be the most
    prudent course of action.[^161] In the *Fourth MO&O*, the Commission
    also concluded that it was premature to mandate the use of such a
    database.[^162]

70. The NCC states that the National Public Safety Telecommunications
    Council (NPSTC) has developed and placed into operation a
    pre-coordination database, which it has named CAPRAD, and urges the
    Commission to mandate its use.[^163] While we continue to believe
    that a pre-coordination database can be a very valuable planning
    tool, we deem it significant that neither the States nor the RPCs
    sought to have the Commission mandate use of a third party database.
    Moreover, it remains unclear to us how such a database would be used
    in connection with the Interoperability and State channels. Also, we
    note that the public safety frequency coordinators have committed to
    use this database for coordination, which may render moot any need
    for the Commission to mandate its use.[^164] Nevertheless, we seek
    comments on this NCC recommendation. Parties should address how the
    database would be used for the different categories of 700 MHz
    public safety spectrum, the specific details on how the process
    would work and why the frequency coordinators' commitment to use the
    database is not sufficient without Commission intervention.

71. *Regional Planning Process.* By way of background, regional planning
    for the Public Safety 700 MHz band was modeled after the
    Commission's decision to adopt a national plan for public safety
    channels in the 800 MHz band. This scheme required Commission staff
    to examine the proposed plan, or any modification thereof, to ensure
    that public safety needs are fully addressed, that the spectrum has
    been used efficiently, that coordination with adjacent regions has
    occurred, and that all requirements of the National Plan are
    met.[^165] In the *First R&O*, we affirmed our conclusion stating
    that inter-regional coordination remains the best, most cost
    effective and least complicated method for avoiding cross-border
    harmful interference problems between regions, and appropriately
    balances the requirements of fairness and efficiency. Specifically,
    we clarified that all 700 MHz Regional Plans, and any future
    modifications, would continue to be reviewed and approved using this
    procedure, and clarified that letters of concurrence with the
    proposed modification, signed by the chairperson of each adjacent
    region must be submitted to the Commission with a region's
    modification request.[^166]

72. The NCC recommends streamlining the process for approval of
    amendments to Regional Plans to reduce burdens on RPCs and the
    Commission. Specifically, the NCC recommends the Commission adopt a
    streamlined processing standard for minor amendments to Regional
    Plans; or, that the Commission determine that minor amendments may
    be made without prior Commission approval. The NCC believes that
    amendments to a Regional Plan should be considered minor if they
    only involve changes to frequency allotments and meet any one of the
    following conditions: (a) the proposed channel change or addition
    involves a facility that would be more than seventy miles from the
    adjacent Region(s) border(s); (b) the co-channel or adjacent channel
    interference contour of the changed or added channel does not
    intersect the border of the adjacent region; or, (c) the adjacent
    region affected by the proposed channel change or addition has
    concurred in writing.[^167] We request comments on this NCC
    recommendation.[^168]

73. The NCC also recommends that, if adjacent regions have concurred
    with proposed major amendments to a Regional Plan, the Commission
    should promptly place the amendments on Public Notice for the
    minimum practicable time, *e.g.*, thirty days, with a brief reply
    comment cycle, *e.g.*, fifteen days. The Public Notice should state
    that, if no comments are received, the plan will be deemed approved
    at the end of the thirty day period unless the Commission has
    determined that the plan is defective, incomplete, or otherwise
    unacceptable.

74. We make several observations regarding this recommendation. First,
    we note that the Commission currently reviews amendments to regional
    plans and rejects and/or returns for corrections or for
    clarification, amendments that are defective, such as those
    containing insufficient information or lack of letters of
    concurrence from adjacent regions.[^169] The Commission only places
    amendments that pass this initial screening on Public Notice.
    Second, in the interest of obtaining a full public record, the
    Commission generally considers all comments filed during the comment
    and reply comment cycle. The fact that a party does not file during
    the initial thirty day comment period, and instead files comments
    during the reply comment period, does not preclude our review and
    consideration of such comments on the record. Under current
    Commission practice, if no comments or reply comments are filed
    regarding a proposed amendment to a regional plan, a public notice
    is released noting that no comments were received and affirmatively
    states that the proposed amendment is approved. We believe that
    there is benefit to such an affirmative statement because it informs
    the public, including the public safety community and frequency
    coordinators, of the completion of the process, thus removing doubt
    as to whether a proposed amendment has been approved. We therefore
    tentatively conclude not to change our review process in this regard
    and seek comment on this tentative conclusion.

75. Finally, the NCC recommends that the Commission should require that
    notice of modifications to Regional Plans only involving changes to
    RPC committee members should be served on adjacent regions, but
    should not require Commission approval of such membership
    changes.[^170] Because changes in regional planning committee
    general membership or leadership positions are considered
    administrative updates that do not require an amendment to the
    regional plan, we tentatively conclude not to adopt this
    recommendation. We seek comment on this tentative conclusion.[^171]

## Rule Clarification

76. The Commission originally established trunking requirements for the
    700 MHz band in order to ensure efficient use of the spectrum and
    subjected all narrowband channels (except nationwide
    interoperability channels) to the requirement.[^172] Section 90.537
    of the Commission's rules sets forth the trunking requirements for
    public safety operations in the 700 MHz band.[^173] Section
    90.537(a) specifies that all systems using six or more narrowband
    General Use channels must operate in the trunked mode.[^174]
    Conversely, Section 90.537(b) states that---for interoperability
    channels---trunking is permitted only on certain interoperability
    channels and only on a secondary basis.[^175]

77. When the Commission set aside 2.4 megahertz from the narrowband
    spectrum for geographic state licenses, it made no mention of
    exempting the State License channels from the trunking requirements
    of Section 90.537. Nevertheless, when the Commission updated Section
    90.537 of the Commission's rules to allow secondary trunking on
    certain interoperability channels, only the General Use channels
    were listed as being subject to the trunking requirements of this
    section. The exclusion of the State License channels from the
    requirements of Section 90.537 of the Commission's rules appears
    unintentional and no reason has been offered why the efficiency of
    spectrum use that trunking provides to other band segments should
    not apply to the State License channels. We therefore propose to
    update Section 90.537 of the Commission's rules to specify that
    narrowband State License channels are subject to trunking
    requirements in this section. We seek comment on our proposal.

78. In addition, Section 90.537 of the Commission's rules makes no
    mention of whether the low power channels are subject to or exempt
    from the trunking requirements of this section. We note, however,
    that Section 90.537 specifically exempted the low power channels
    from the trunking requirements before the rule was updated to allow
    secondary trunking on certain interoperability channels. We believe
    removal of language exempting the low power channels also was
    unintentional. Therefore, we propose to restore that language into
    Section 90.537. We seek comment on our proposal to insert language
    specifically exempting the low power channels from the trunking
    requirements in Section 90.537 of the Rules.

# Procedural matters

## Regulatory Flexibility Act

79. A Supplemental Final Regulatory Flexibility Analysis with respect to
    the *Fifth Memorandum Opinion and Order* has been prepared and is
    included in Appendix A. A Final Regulatory Flexibility Analysis has
    been prepared with respect to the *Sixth Report and Order* and is
    included in Appendix B. An Initial Regulatory Flexibility Analysis
    (IRFA) with respect to the *Seventh Notice of Proposed Rule Making*
    has been prepared and is included in Appendix C.

## *Ex Parte* Rules -- Permit-But-Disclose Proceeding

80. The *Seventh Notice of Proposed Rule Making* is a
    permit-but-disclose notice and comment rulemaking proceeding. *Ex
    parte* presentations are permitted, except during the Sunshine
    Agenda period, provided they are disclosed pursuant to the
    Commission's Rules.[^176]

## Paperwork Reduction Act Analysis

81. The actions taken in the *Fifth Memorandum Opinion and Order* and
    *Sixth 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.

## Comment Period and Procedures

82. Pursuant to applicable procedures set forth in sections 1.415 and
    1.419 of the Commission**'**s Rules,[^177] interested parties may
    file comments on the *Seventh Notice* *of Proposed Rulemaking* on or
    before \[30 days after publication in the Federal Register\] and
    reply comments on or before \[45 days after publication in the
    Federal Register\]. Comments and reply comments may be filed using
    the Commission's Electronic Comment Filing System (ECFS) or by
    filing paper copies.[^178] All relevant and timely comments will be
    considered by the Commission before final action is taken in this
    proceeding.

83. Comments filed through the ECFS can be sent as an electronic file
    via the Internet to \<http://www.fcc.gov/e-file/ecfs.html\>. In
    completing the transmittal screen, commenters should include their
    full name, Postal Service mailing address, and the applicable docket
    number. Parties may also submit an electronic comment by e-mail via
    the Internet. To obtain filing instructions for e-mail comments,
    commenters should send an e-mail to <ecfs@fcc.gov>, and should
    include the following words in the body of the message: "get form
    \<your e-mail address\>." A sample form and directions will be sent
    in reply.

84. Parties who choose to file by paper must file an original and four
    copies of each filing. If parties want each Commissioner to receive
    a personal copy of their comments, they must file an original plus
    nine copies. All filings must be sent to the Commission's Secretary,
    Marlene H. Dortch, Office of the Secretary, Federal Communications
    Commission, 445 12^th^ Street, S.W., Room TW-A325, Washington,
    D.C. 20554. One copy of each filing (together with a diskette copy,
    as indicated below) should also be sent to the Commission's copy
    contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445
    12^th^ Street, SW, Room CY-B402, Washington, DC 20554, telephone
    1-800-378-3160.

85. Parties who choose to file by paper should also submit their
    comments on diskette. These diskettes should be attached to the
    original paper filing submitted to the Office of the Secretary. Such
    a submission should be on a 3.5 inch diskette formatted in an IBM
    compatible format using Microsoft ^TM^ Word 2002 or compatible
    software. The diskette should be accompanied by a cover letter and
    should be submitted in "read only" mode. The diskette should be
    clearly labeled with the commenter's name, proceeding, type of
    pleading (comment or reply comment), date of submission, and the
    name of the electronic file on the diskette. The label should also
    include the following phrase "Disk Copy -- Not an Original." Each
    diskette should contain only one party's pleadings, preferably in a
    single electronic file. In addition, commenters should send diskette
    copies to the Commission's copy contractor. In addition, commenters
    should send diskette copies to the Commission's copy contractor,
    Best Copy and Printing, Inc. (BCPI), Portals II, 445 12^th^ Street,
    SW, Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160.

86. The public may view the documents filed in this proceeding during
    regular business hours in the FCC Reference Information Center,
    Federal Communications Commission, 445 12^th^ Street, S.W., Room
    CY-A257, Washington, D. C. 20554, and on the Commission's Internet
    Home Page: \<[http://www.fcc.gov](http://www.fcc.gov/)\>. Copies of
    comments and reply comments are also available through the
    Commission**'**s duplicating contractor: Best Copy and Printing,
    Inc. (BCPI), Portals II, 445 12^th^ Street, SW, Room CY-B402,
    Washington, DC 20554, telephone 1-800-378-3160, or via e-mail at the
    following e-mail address:
    [WWW.BCPIWEB.COM](http://WWW.BCPIWEB.COM/). Accessible formats
    (computer diskettes, large print, audio recording and Braille) are
    available to persons with disabilities by contacting Brian Millin,
    of the Consumer & Governmental Affairs Bureau, at (202) 418-7426,
    TTY (202) 418-7365, or at <bmillin@fcc.gov>. For further
    information, contact Mr. Brian Marenco at 418-0838
    \<brian.marenco@fcc.gov\>, Public Safety and Critical Infrastructure
    Division, Wireless Telecommunications Bureau.

#  Ordering Clauses

87. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 303(f),
    332, 337 and 405 of the Communications Act of 1934, as amended, 47
    U.S.C. §§ 154(i), 303(f), 332, 337 and 405 this *Fifth Memorandum
    Opinion and Order, Sixth Report and Order* and *Seventh Notice of
    Proposed Rulemaking* IS HEREBY ADOPTED.

88. IT IS FURTHER ORDERED that pursuant to applicable procedures set
    forth in Sections 1.415 and 1.419 of the Commission**'**s Rules, 47
    C.F.R. §§ 1.415, 1.419; interested parties may file comments on the
    *Seventh Notice* *of Proposed Rulemaking* on or before \[30 days
    after publication in the Federal Register\] and reply comments on or
    before \[45 days after publication in the Federal Register\].

89. IT IS FURTHER ORDERED that, pursuant to Sections 1, 4(i), 303(f) and
    (r), 332, and 405 of the Communications Act of 1934, as amended, 47
    U.S.C. §§ 1, 154(i), 303(f) and (r), 332, and 405 the Petition for
    Reconsideration filed by Motorola, Inc. on January 13, 2003, IS
    GRANTED to the extent described herein.

90. IT IS FURTHER ORDERED that the amendments of the Commission's Rules
    as set forth in Appendix F ARE ADOPTED, effective thirty days from
    the date of publication in the Federal Register.

91. IT IS FURTHER ORDERED that the Commission\'s Consumer and
    Governmental Affairs Bureau, Reference Information Center, SHALL
    SEND a copy of this *Fifth Memorandum Opinion and Order, Sixth
    Report and Order* and *Seventh Notice of Proposed Rulemaking*
    including the Supplemental Final Regulatory Flexibility Analysis,
    the Final Regulatory Flexibility Analysis and the Initial Regulatory
    Flexibility Analysis to the Chief Counsel for Advocacy of the Small
    Business Administration.

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

    **APPENDIX A**

    **SUPPLEMENTAL FINAL REGULATORY FLEXIBILITY ANALYSIS**

    **(*Fifth Memorandum Opinion and Order)***

92. As required by the Regulatory Flexibility Act (RFA),[^179] a Final
    Regulatory Flexibility Analysis (FRFA) was incorporated in the
    *Fifth Report and Order* (*5^th^ R&O*)[^180] in WT Docket 96-86. The
    Commission sought written public comment on the proposals in the
    *5th NPRM*. In view of the fact that we have adopted further rule
    amendments in this *Fifth Memorandum Opinion and Order (5^th^
    MO&O),* we have included this Supplemental Final Regulatory
    Flexibility Analysis (SFRFA). This Supplemental Final Regulatory
    Flexibility Analysis (SFRFA) conforms to the RFA.[^181]

## Reason for, and Objectives of, the *Fifth Memorandum Opinion and Order*:

93. The *5^th^ MO&O* adopts rules to promote the transition to dual mode
    equipment and 6.25 kHz equipment in the 700 MHz Public Safety band
    operating in the General Use and State License channels.
    Specifically, we amend our rules to delay the ban on the marketing,
    manufacture, and importation of 12.5 kHz equipment until December
    31, 2014. In addition, we amend our rules to delay until December
    31, 2014, the cut-off for accepting applications for new systems
    operating in the General Use and State License channels that use
    12.5 kHz equipment. These actions will effect a transition to a
    narrowband channel plan. The resulting gain in efficiency will ease
    congestion on the General Use and State License channels in these
    bands. Delaying this transition, however, will ease the economic
    burden on small businesses by allowing them to make this transition
    over a longer period of time.

## Summary of Significant Issues Raised by Public Comments in Response to the FRFA:

94. No comments or reply comments were filed in direct response to the
    FRFA. The Commission has; however, reviewed the general comments
    that may impact small businesses. Much of the potential impact on
    small businesses arises from the mandatory migration to 6.25 kHz or
    dual mode technology beginning on December 31, 2014; the ban on
    marketing, importation and manufacture of 12.5 kHz equipment after
    December 31, 2014; and the freeze on new 12.5 kHz applications. The
    costs associated with replacement of current systems were cited in
    opposition to mandatory conversion proposals.

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

95. The RFA directs agencies to provide a description of and, where
    feasible, an estimate of the number of small entities that may be
    affected by the rules adopted. The RFA generally defines the term
    "small entity" as having the same meaning as the terms "small
    business," "small organization," and "small governmental
    jurisdiction."[^182] In addition, the term "small business" has the
    same meaning as the term "small business concern" under the Small
    Business Act.[^183] A small business concern is one which: (1) is
    independently owned and operated; (2) is not dominant in its field
    of operation; and (3) satisfies any additional criteria established
    by the Small Business Administration (SBA).[^184] A small
    organization is generally "any not-for-profit enterprise which is
    independently owned and operated and is not dominant in its
    field."[^185] Nationwide, as of 1992, there were approximately
    275,801 small organizations.[^186] Below, we further describe and
    estimate the number of small entity licensees and regulates that may
    be effected by the proposed rules, if adopted.

96. *Governmental Entities.* The term \"small governmental
    jurisdiction\" is defined as "governments of cities, towns,
    townships, villages, school districts, or special districts, with a
    population of less than fifty thousand."[^187] As of 1997, there
    were approximately 87,453 governmental jurisdictions in the United
    States.[^188] This number includes 39,044 county governments,
    municipalities, and townships, of which 37,546 (approximately 96.2%)
    have populations of fewer than 50,000, and of which 1,498 have
    populations of 50,000 or more. Thus, we estimate the number of small
    governmental jurisdictions overall to be 84,098 or fewer.

97. *Public Safety Radio Licensees.* As a general matter, Public Safety
    Radio Pool licensees include police, fire, local government,
    forestry conservation, highway maintenance, and emergency medical
    services.[^189] The SBA rules contain a definition for cellular and
    other wireless telecommunications companies which encompasses
    business entities engaged in radiotelephone communications employing
    no more that 1,500 persons.[^190] There are a total of approximately
    127,540 licensees within these services.[^191] With respect to local
    governments, in particular, since many governmental entities as well
    as private businesses comprise the licensees for these services, we
    include under public safety services the number of government
    entities affected.

98. *Wireless Communications Equipment Manufacturers.* The SBA has
    established a small business size standard for radio and television
    broadcasting and wireless communications equipment manufacturing.
    Under the standard, firms are considered small if they have 750 or
    fewer employees.[^192] Census Bureau data for 1997 indicates that,
    for that year, there were a total of 1,215 establishments[^193] in
    this category.[^194] Of those, there were 1,150 that had employment
    under 500, and an additional 37 that had employment of 500 to 999.
    The Commission estimates that the majority of wireless
    communications equipment manufacturers are small businesses.[^195]

## Description of Projected Reporting, Recordkeeping and Other Compliance Requirements:

99. This *5th MO&O* adopts rules to promote the transition to dual mode
    equipment and 6.25 kHz equipment in the 700 MHz Public Safety band
    operating in the General Use and State License channels. Further,
    this *5^th^ MO&O* amends our current rules to prohibit the
    marketing, importation or manufacture of 12.5 kHz-only equipment
    beginning on December 31, 2014. All equipment utilized in the 700
    MHz Public Safety band on or after December 31, 2014 must utilize a
    maximum channel bandwidth of 6.25 kHz. These rules do not impose new
    reporting or recordkeeping requirements on licensees, but will
    require licensees to transition to new equipment. We have made this
    transition as long as possible.

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

100. The RFA requires an agency to describe any significant alternatives
     that it has considered in reaching its proposed approach, which may
     include the following four alternatives (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 or reporting requirements under the rule for small
     entities; (3) the use of performance, rather than design,
     standards; and (4) an exemption from coverage of the rule, or any
     part thereof, for small entities.[^196]

101. The Commission considered the economic burden on small businesses
     when it adopted the rules set forth in this *5^th^ MO&O*. For
     instance, in consideration of the amortization and life-span of
     current equipment and the resources available to small entities, we
     amend our Rules to delay until December 31, 2014 the cut-off for
     accepting applications for new systems operating in the General Use
     and State License channels that use 12.5 kHz equipment. In addition
     we amend our rules to delay until December 31, 2014 the prohibition
     on the marketing, manufacture and importation of 12.5 kHz
     equipment.

102. Exemption from coverage of the rule changes for small businesses
     would frustrate the purpose of the rule, *i.e.*, migration to more
     efficient spectrum use, and facilitate continued inefficient use of
     spectrum.

103. **[Report to Congress]{.underline}**: The Commission will send a
     copy of this *Fifth Memorandum Opinion and Order*, including this
     SFRFA, in a report to be sent to Congress pursuant to the Small
     Business Regulatory Enforcement Fairness Act of 1996, *see* 5
     U.S.C. § 801(a)(1) (A). In addition, the Commission will send a
     copy of the *Fifth Memorandum Opinion and Order,* including this
     SFRFA, to the Chief Counsel for Advocacy of the Small Business
     Administration. A copy of the *Fifth Memorandum Opinion* and SFRFA
     (or summaries thereof) will also be published in the Federal
     Register. *See* 5 U.S.C. § 604(b).

     **APPENDIX B**

     **FINAL REGULATORY FLEXIBILITY CERTIFICATION**

     **(*Sixth Report and Order*)**

```{=html}
<!-- -->
```
1.  The Regulatory Flexibility Act (RFA)[^197] requires that an agency
    prepare a regulatory flexibility analysis for notice-and-comment
    rulemaking proceedings, unless the agency certifies that \"the rule
    will not, if promulgated, have a significant economic impact on a
    substantial number of small entities.\"[^198] The RFA generally
    defines "small entity" as having the same meaning as the terms
    "small business," "small organization," and "small governmental
    jurisdiction."[^199] In addition, the term "small business" has the
    same meaning as the term "small business concern" under the Small
    Business Act.[^200] A "small business concern" is one which: (1) is
    independently owned and operated; (2) is not dominant in its field
    of operation; and (3) satisfies any additional criteria established
    by the Small Business Administration (SBA).[^201]

```{=html}
<!-- -->
```
104. In this *Sixth Report and Order* (6^th^ R&O), we:

-   revise values in the emission limit tables set forth at 47 C.F.R. §
    90.543 to ensure technological feasibility

-   delete the column entitled "Maximum ACCP (dbm)"from the table
    governing ACCP requirements for mobile transmitters set forth at 47
    C.F.R. § 90.543 because these values are inconsistent with the
    Commission's decision not to require mobile transmitters to utilize
    Automatic Power Control

-   change the terminology "Adjacent Channel Coupled Power" to "adjacent
    Channel Power" in our Rules to align our rules with industry
    standards

105. These changes, which are intended to ensure that the Commission's
     rules reflect the latest technical and industry standards, and to
     correct typographical or ministerial errors in the Commission's
     Rules, are exclusively of an administrative nature. The changes
     will not have a significant economic impact on small entities
     because they are technologically neutral and will affect all
     entities equally.

106. The Commission therefore certifies, pursuant to the RFA, that the
     rule changes contained proposals in this *Sixth Report and Order*
     will not have a significant economic impact on a substantial number
     of small entities.

107. The Commission will send a copy of the Final Analysis including a
     copy of this Final Regulatory Flexibility Certification, to the
     Chief Counsel for Advocacy of the SBA.[^202] This certification
     will also be published in the Federal Register.[^203]

     **APPENDIX C**

     **INITIAL REGULATORY FLEXIBILITY ANALYSIS**

     **(*Seventh Notice of Proposed Rulemaking*)**

```{=html}
<!-- -->
```
1.  As required by the Regulatory Flexibility Act (RFA),[^204] the
    Commission has prepared an Initial Regulatory Flexibility Analysis
    (IRFA) of the possible significant economic impact on small entities
    of the policies and rules proposed in this *Seventh Notice of
    Proposed Rule Making (Seventh Notice).* Written public comments are
    requested regarding this IRFA. Comments must be identified as
    responses to the IRFA and must be filed by the deadlines for
    comments on the *Seventh Notice* provided in paragraph 82. The
    Commission will send a copy of the Seventh Notice, including this
    IRFA, to the Chief Counsel for Advocacy of the Small Business
    Administration.[^205] In addition, the Seventh Notice and IRFA (or
    summaries thereof) will be published in the Federal Register.[^206]

## Need for, and Objectives of, the Proposed Rules:

108. In the *Seventh Notice* we seek comment on:

     • the TIA-PRS proposal recommending:

     \- adopting tables describing ACP limits for 50 kHz and 100 kHz
     wideband operations;

     \- relaxing the ACP requirement in the paired receive band for
     wideband and narrowband base station transmitters; and

     \- extending the above mentioned rules to the 700 MHz Guard Band
     channels.[^207]

     • the proposal by Access Spectrum that the Commission clarify that
     the 700 MHz Guard Band emission requirements masks only at the
     boundaries of the 700 MHz Guard Band's licensee's authorized
     allocation.

     • the joint proposal from Nortel/EDS that the Commission adopts ACP
     requirements that correspond to any authorized bandwidth.

     • the proposals by National Coordination Committee (NCC) that the
     Commission:

     \- adopt a 700 MHz wideband standard;

     \- update the interoperability standards set forth at Section
     90.548 of the Commission's rules;

     \- update the encryption standards set forth at Section 90.535(e)
     of the Commission's rules; and

     \- adopt minimum signal strength requirements for public safety
     systems operating in the 700 MHz Public Safety band.

## Legal Basis:

109. Authority for issuance of this item is contained in Sections 1,
     4(i), 7, 301, 302, 303, and 337 of the Communications Act of 1934,
     as amended, 47 U.S.C. §§ 151, 154(i), 157, 301, 302, 303, 337.

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

110. The RFA directs agencies to provide a description of and, where
     feasible, an estimate of the number of small entities that may be
     affected by the rules adopted. The RFA generally defines the term
     "small entity" as having the same meaning as the terms "small
     business," "small organization," and "small governmental
     jurisdiction."[^208] In addition, the term "small business" has the
     same meaning as the term "small business concern" under the Small
     Business Act.[^209] A small business concern is one which: (1) is
     independently owned and operated; (2) is not dominant in its field
     of operation; and (3) satisfies any additional criteria established
     by the Small Business Administration (SBA).[^210] A small
     organization is generally "any not-for-profit enterprise which is
     independently owned and operated and is not dominant in its
     field."[^211] Nationwide, as of 1992, there were approximately
     275,801 small organizations. Below, we further describe and
     estimate the number of small entity licensees and regulatees that
     may be affected by the proposed rules, if adopted.

111. *Governmental Entities.* The term \"small governmental
     jurisdiction\" is defined as "governments of cities, towns,
     townships, villages, school districts, or special districts, with a
     population of less than fifty thousand."[^212] As of 1997, there
     were approximately 87,453 governmental jurisdictions in the United
     States.[^213] This number includes 39,044 county governments,
     municipalities, and townships, of which 37,546 (approximately
     96.2%) have populations of fewer than 50,000, and of which 1,498
     have populations of 50,000 or more. Thus, we estimate the number of
     small governmental jurisdictions overall to be 84,098 or fewer.

112. *Public Safety Radio Licensees.* As a general matter, Public Safety
     Radio Pool licensees include police, fire, local government,
     forestry conservation, highway maintenance, and emergency medical
     services.[^214] The SBA rules contain a definition for cellular and
     other wireless telecommunications companies which encompasses
     business entities engaged in radiotelephone communications
     employing no more that 1,500 persons.[^215] There are a total of
     approximately 127,540 licensees within these services^.^[^216] With
     respect to local governments, in particular, since many
     governmental entities as well as private businesses comprise the
     licensees for these services, we include under public safety
     services the number of government entities affected.

113. *Wireless Communications Equipment Manufacturers.* The SBA has
     established a small business size standard for radio and television
     broadcasting and wireless communications equipment manufacturing.
     Under the standard, firms are considered small if they have 750 or
     fewer employees.[^217] Census Bureau data for 1997 indicates that,
     for that year, there were a total of 1,215 establishments[^218] in
     this category.[^219] Of those, there were 1,150 that had employment
     under 500, and an additional 37 that had employment of 500 to 999.
     The Commission estimates that the majority of wireless
     communications equipment manufacturers are small businesses.[^220]

## Description of Projected Reporting, Recordkeeping and Other Compliance Requirements:

114. This *Seventh Notice* does not propose a rule that will entail
     reporting, recordkeeping, and/or third-party consultation. The rule
     changes proposed in the *Seventh Notice* provide technical
     adjustments to the Commission's existing requirements for Adjacent
     Channel Power or update the Commission's existing requirements to
     reference the latest industry standards.

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

115. The RFA requires an agency to describe any significant alternatives
     that it has considered in reaching its proposed approach, which may
     include the following four alternatives (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 or reporting requirements under the rule for small
     entities; (3) the use of performance, rather than design,
     standards; and (4) an exemption from coverage of the rule, or any
     part thereof, for small entities.[^221] We believe the rule changes
     contained in this *Seventh Notice of Proposed Rulemaking* are
     technologically neutral and do not impact small entities
     differently than large entities.

## Federal Rules that may Duplicate, Overlap, or Conflict with the Proposed Rules:

116. None.

     **APPENDIX D -- FINAL RULES**

     **PART 27 -- MICELLANEOUS WIRELESS COMMUNIATIONS SERVICES**

```{=html}
<!-- -->
```
1.  The authority citation for Part 27 continues to read as follows:

    **AUTHORITY: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and
    337 unless otherwise noted.**

```{=html}
<!-- -->
```
117. Paragraph (d)(1) of Section 27.53 is amended as follows:

§ 27.53 Emission limitations.

\* \* \* \* \*

\(d\) \* \* \*

\(1\) The adjacent channel power (ACP) requirements for transmitters
designed for various channel sizes are shown in the following tables.
Mobile station requirements apply to handheld, car mounted and control
station units. The tables specify a value for the ACP as a function of
the displacement from the channel center frequency and measurement
bandwidth. In the following tables, \"(s)\" indicates a swept
measurement may be used.

6.25 kHz Mobile Transmitter ACP Requirements

+----------------------------+-----------------+----------------------+
| Offset from\               | Measurement     | Maximum              |
| Center Frequency (kHz)     |                 |                      |
|                            | Bandwidth       | ACP                  |
|                            |                 |                      |
|                            | (kHz)           | (dBc)                |
+----------------------------+-----------------+----------------------+
| 6.25                       | 6.25            | -40                  |
+----------------------------+-----------------+----------------------+
| 12.5                       | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 18.75                      | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 25.00                      | 6.25            | -65                  |
+----------------------------+-----------------+----------------------+
| 37.50                      | 25.00           | -65                  |
+----------------------------+-----------------+----------------------+
| 62.50                      | 25.00           | -65                  |
+----------------------------+-----------------+----------------------+
| 87.50                      | 25.00           | -65                  |
+----------------------------+-----------------+----------------------+
| 150.00                     | 100.00          | -65                  |
+----------------------------+-----------------+----------------------+
| 250.00                     | 100.00          | -65                  |
+----------------------------+-----------------+----------------------+
| 350.00                     | 100.00          | -65                  |
+----------------------------+-----------------+----------------------+
| \>400 kHz to 12 MHz        | 30 (s)          | -75                  |
+----------------------------+-----------------+----------------------+
| 12 MHz to paired receive   | 30 (s)          | -75                  |
| band                       |                 |                      |
+----------------------------+-----------------+----------------------+
| In the paired\             | 30 (s)          | -100                 |
| receive band               |                 |                      |
+----------------------------+-----------------+----------------------+

**12.5 kHz Mobile Transmitter ACP Requirements**

+----------------------------+-----------------+----------------------+
| Offset from\               | Measurement     | Maximum              |
| Center Frequency (kHz)     |                 |                      |
|                            | Bandwidth       | ACP                  |
|                            |                 |                      |
|                            | (kHz)           | (dBc)                |
+----------------------------+-----------------+----------------------+
| 9.375                      | 6.25            | -40                  |
+----------------------------+-----------------+----------------------+
| 15.625                     | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 21.875                     | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 37.50                      | 25.00           | -60                  |
+----------------------------+-----------------+----------------------+
| 62.50                      | 25.00           | -65                  |
+----------------------------+-----------------+----------------------+
| 87.50                      | 25.00           | -65                  |
+----------------------------+-----------------+----------------------+
| 150.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| 250.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| 350.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| \>400 to 12 MHz            | 30 (s)          | -75                  |
+----------------------------+-----------------+----------------------+
| 12 MHz to paired receive   | 30 (s)          | -75                  |
| band                       |                 |                      |
+----------------------------+-----------------+----------------------+
| In the paired\             | 30 (s)          | -100                 |
| receive band               |                 |                      |
+----------------------------+-----------------+----------------------+

25 kHz Mobile Transmitter ACP Requirements

+----------------------------+-----------------+----------------------+
| Offset from\               | Measurement     | Maximum ACP (dBc)    |
| Center Frequency (kHz)     |                 |                      |
|                            | Bandwidth (kHz) |                      |
+----------------------------+-----------------+----------------------+
| 15.625                     | 6.25            | -40                  |
+----------------------------+-----------------+----------------------+
| 21.875                     | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 37.50                      | 25              | -60                  |
+----------------------------+-----------------+----------------------+
| 62.50                      | 25              | -65                  |
+----------------------------+-----------------+----------------------+
| 87.50                      | 25              | -65                  |
+----------------------------+-----------------+----------------------+
| 150.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| 250.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| 350.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| \>400kHz to 12 MHz         | 30 (s)          | -75                  |
+----------------------------+-----------------+----------------------+
| 12 MHz to paired receive   | 30 (s)          | -75                  |
| band                       |                 |                      |
+----------------------------+-----------------+----------------------+
| In the paired\             | 30 (s)          | -100                 |
| receive band               |                 |                      |
+----------------------------+-----------------+----------------------+

150 kHz Mobile Transmitter ACP Requirements

+----------------------------+-----------------+----------------------+
| Offset from\               | Measurement     | Maximum ACP Relative |
| Center Frequency (kHz)     |                 | (dBc)                |
|                            | Bandwidth (kHz) |                      |
+----------------------------+-----------------+----------------------+
| 100                        | 50              | -40                  |
+----------------------------+-----------------+----------------------+
| 200                        | 50              | -50                  |
+----------------------------+-----------------+----------------------+
| 300                        | 50              | -50                  |
+----------------------------+-----------------+----------------------+
| 400                        | 50              | -50                  |
+----------------------------+-----------------+----------------------+
| 600-1000                   | 30(s)           | -60                  |
+----------------------------+-----------------+----------------------+
| 1000 to receive band       | 30(s)           | -70                  |
+----------------------------+-----------------+----------------------+
| In the receive band        | 30(s)           | -100                 |
+----------------------------+-----------------+----------------------+

6.25 kHz Base Transmitter ACP Requirements

+----------------------------+-----------------+----------------------+
| Offset from                | Measurement     | Maximum ACP (dBc)    |
|                            | Bandwidth (kHz) |                      |
| Center Frequency (kHz)     |                 |                      |
+----------------------------+-----------------+----------------------+
| 6.25                       | 6.25            | -40                  |
+----------------------------+-----------------+----------------------+
| 12.50                      | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 18.75                      | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 25.00                      | 6.25            | -65                  |
+----------------------------+-----------------+----------------------+
| 37.50                      | 25              | -65                  |
+----------------------------+-----------------+----------------------+
| 62.50                      | 25              | -65                  |
+----------------------------+-----------------+----------------------+
| 87.50                      | 25              | -65                  |
+----------------------------+-----------------+----------------------+
| 150.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| 250.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| 350.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| \>400 to 12 MHz            | 30 (s)          | -80                  |
+----------------------------+-----------------+----------------------+
| 12 MHz to paired receive   | 30(s)           | -80                  |
| band                       |                 |                      |
+----------------------------+-----------------+----------------------+
| In the paired\             | 30 (s)          | -100                 |
| receive band               |                 |                      |
+----------------------------+-----------------+----------------------+

12.5 kHz Base Transmitter ACP Requirements

  ----------------------------- ------------------ ----------------------
  Offset from\                  Measurement        Maximum ACP (dBc)
  Center Frequency (kHz)        Bandwidth (kHz)    

  9.375                         6.25               -40

  15.625                        6.25               -60

  21.875                        6.25               -60

  37.5                          25                 -60

  62.5                          25                 -65

  87.5                          25                 -65

  150                           100                -65

  250                           100                -65

  350.00                        100                -65

  \>400 kHz to 12 MHz           30 (s)             -80

  12 MHz to paired receive band 30 (s)             -80

  In the paired\                30 (s)             -100
  receive band                                     
  ----------------------------- ------------------ ----------------------

25 kHz Base Transmitter ACP Requirements

  --------------------------- -------------------- -----------------------
  Offset from\                Measurement          Maximum ACP (dBc)
  Center Frequency (kHz)      Bandwidth (kHz)      

  15.625                      6.25                 -40

  21.875                      6.25                 -60

  37.5                        25                   -60

  62.5                        25                   -65

  87.5                        25                   -65

  150                         100                  -65

  250                         100                  -65

  350                         100.00               -65

  \>400 kHz to12 MHz          30(s)                -80

  12 MHz to paired receive    30 (s)               -80
  band                                             

  In the paired\              30 (s)               -100
  receive band                                     
  --------------------------- -------------------- -----------------------

150 kHz Base Transmitter ACP Requirements

+----------------------------+-----------------+----------------------+
| Offset from                | Measurement     | Maximum ACP (dBc)    |
|                            | Bandwidth (kHz) |                      |
| Center Frequency (kHz)     |                 |                      |
+----------------------------+-----------------+----------------------+
| 100                        | 50              | -40                  |
+----------------------------+-----------------+----------------------+
| 200                        | 50              | -50                  |
+----------------------------+-----------------+----------------------+
| 300                        | 50              | -55                  |
+----------------------------+-----------------+----------------------+
| 400                        | 50              | -60                  |
+----------------------------+-----------------+----------------------+
| 600-1000                   | 30(s)           | -65                  |
+----------------------------+-----------------+----------------------+
| 1000 to receive band       | 30(s)           | -75 (continues at    |
|                            |                 | -6dB/oct)            |
+----------------------------+-----------------+----------------------+
| In the receive band        | 30(s)           | -100                 |
+----------------------------+-----------------+----------------------+

\(2\) *ACP measurement procedure*. The following procedures are to be
followed for making ACP transmitter measurements. For time division
multiple access (TDMA) systems, the measurements are to be made under
TDMA operation only during time slots when the transmitter is on. All
measurements must be made at the input to the transmitter\'s antenna.
Measurement bandwidth used below implies an instrument that measures the
power in many narrow bandwidths (e.g. 300 Hz) and integrates these
powers across a larger band to determine power in the measurement
bandwidth.

\(i\) *Setting reference level*: Using a spectrum analyzer capable of
ACP measurements, set the measurement bandwidth to the channel size. For
example, for a 6.25 kHz transmitter, set the measurement bandwidth to
6.25 kHz; for a 150 kHz transmitter, set the measurement bandwidth to
150 kHz. Set the frequency offset of the measurement bandwidth to zero
and adjust the center frequency of the spectrum analyzer to give the
power level in the measurement bandwidth. Record this power level in dBm
as the \"reference power level\".

\(ii\) *Non-swept power measurement*: Using a spectrum analyzer capable
of ACP measurements, set the measurement bandwidth as shown in the
tables above. Measure the ACP in dBm. These measurements should be made
at maximum power. Calculate the coupled power by subtracting the
measurements made in this step from the reference power measured in the
previous step. The absolute ACP values must be less than the values
given in the table for each condition above.

\(iii\) *Swept power measurement*: Set a spectrum analyzer to 30 kHz
resolution bandwidth, 1 MHz video bandwidth and sample mode detection.
Sweep ±6 MHz from the carrier frequency. Set the reference level to the
RMS value of the transmitter power and note the absolute power. The
response at frequencies greater than 600 kHz must be less than the
values in the tables above.

\(iv\) \[deleted\]

\(3\) *Out-of-band emission limit.* On any frequency outside of the
frequency ranges covered by the ACP tables in this section, the power of
any emission must be reduced below the unmodulated carrier power (P) by
at least 43 + 10 log (P) dB.

\(4\) *Authorized bandwidth.* Provided that the ACP requirements of this
section are met, applicants may request any authorized bandwidth that
does not exceed the channel size.

\* \* \* \* \*

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

**PART 90 - PRIVATE LAND MOBILE RADIO SERVICES**

118. 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).**

119. Section 90.203 is amended to read as follows:

     **§ 90.203 Certification required.**

     \*\*\*\*\*

     \(m\) Applications for Part 90 certification received after
     December 31, 2014 will only be granted to transmitters designed to
     operate in the voice mode on channels designated in §§ 90.531(b)(5)
     or 90.531(b)(6) that provide at least one voice path per 6.25 kHz
     of spectrum bandwidth.

     \(n\) Transmitters designed to operate in the voice mode on
     channels designated in §§ 90.531(b)(5) or 90.531(b)(6) that do not
     provide at least one voice path per 6.25 kHz of spectrum bandwidth
     shall not be manufactured in, or imported into the United States
     after December 31, 2014. Marketing of these transmitters shall not
     be permitted after December 31, 2014.

     \*\*\*\*\*

120. Section 90.535 is amended to read as follows:

     **§ 90.535 Modulation and spectrum usage efficiency requirements.**

     \*\*\*\*\*

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

     \(1\) With the exception of licensees designated in paragraph
     (d)(2) of this section, after December 31, 2014, licensees may only
     operate in voice mode in these channels at a voice efficiency of at
     least one voice path per 6.25 kHz of spectrum bandwidth.

     \(2\) Licensees authorized to operate systems in the voice mode on
     these channels from applications filed on or before December 31,
     2014, may continue operating in voice mode on these channels
     (including modification applications of such licensees granted
     after December 31, 2014, for expansion or maintenance of such
     systems) at a voice efficiency of at least one voice path per 12.5
     kHz of spectrum bandwidth until December 31, 2016.

     \*\*\*\*\*

121. Section 90.543 is amended to read as follows:

§ 90.543 Emission limitations

Transmitters designed to operate in 764‑776 MHz and 794‑806 MHz
frequency bands must meet the emission limitations in this section.

\(a\) The adjacent channel power (ACP) requirements for transmitters
designed for various channel sizes are shown in the following tables.
Mobile station requirements apply to handheld, car mounted and control
station units. The tables specify a value for the ACP as a function of
the displacement from the channel center frequency and measurement
bandwidth. In the following tables, \"(s)\" indicates a swept
measurement may be used.

6.25 kHz Mobile Transmitter ACP Requirements

+----------------------------+-----------------+----------------------+
| Offset from\               | Measurement     | Maximum              |
| Center Frequency (kHz)     |                 |                      |
|                            | Bandwidth       | ACP Relative         |
|                            |                 |                      |
|                            | (kHz)           | (dBc)                |
+----------------------------+-----------------+----------------------+
| 6.25                       | 6.25            | -40                  |
+----------------------------+-----------------+----------------------+
| 12.5                       | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 18.75                      | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 25.00                      | 6.25            | -65                  |
+----------------------------+-----------------+----------------------+
| 37.50                      | 25.00           | -65                  |
+----------------------------+-----------------+----------------------+
| 62.50                      | 25.00           | -65                  |
+----------------------------+-----------------+----------------------+
| 87.50                      | 25.00           | -65                  |
+----------------------------+-----------------+----------------------+
| 150.00                     | 100.00          | -65                  |
+----------------------------+-----------------+----------------------+
| 250.00                     | 100.00          | -65                  |
+----------------------------+-----------------+----------------------+
| 350.00                     | 100.00          | -65                  |
+----------------------------+-----------------+----------------------+
| \>400 kHz to 12 MHz        | 30 (s)          | -75                  |
+----------------------------+-----------------+----------------------+
| 12 MHz to paired receive   | 30 (s)          | -75                  |
| band                       |                 |                      |
+----------------------------+-----------------+----------------------+
| In the paired\             | 30 (s)          | -100                 |
| receive band               |                 |                      |
+----------------------------+-----------------+----------------------+

**12.5 kHz Mobile Transmitter ACP Requirements**

+----------------------------+-----------------+----------------------+
| Offset from\               | Measurement     | Maximum              |
| Center Frequency (kHz)     |                 |                      |
|                            | Bandwidth       | ACP Relative         |
|                            |                 |                      |
|                            | (kHz)           | (dBc)                |
+----------------------------+-----------------+----------------------+
| 9.375                      | 6.25            | -40                  |
+----------------------------+-----------------+----------------------+
| 15.625                     | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 21.875                     | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 37.50                      | 25.00           | -60                  |
+----------------------------+-----------------+----------------------+
| 62.50                      | 25.00           | -65                  |
+----------------------------+-----------------+----------------------+
| 87.50                      | 25.00           | -65                  |
+----------------------------+-----------------+----------------------+
| 150.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| 250.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| 350.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| \>400 to 12 MHz            | 30 (s)          | -75                  |
+----------------------------+-----------------+----------------------+
| 12 MHz to paired receive   | 30 (s)          | -75                  |
| band                       |                 |                      |
+----------------------------+-----------------+----------------------+
| In the paired\             | 30 (s)          | -100                 |
| receive band               |                 |                      |
+----------------------------+-----------------+----------------------+

25 kHz Mobile Transmitter ACP Requirements

+----------------------------+-----------------+----------------------+
| Offset from                | Measurement     | Maximum ACP Relative |
|                            |                 | (dBc)                |
| Center Frequency (kHz)     | Bandwidth (kHz) |                      |
+----------------------------+-----------------+----------------------+
| 15.625                     | 6.25            | -40                  |
+----------------------------+-----------------+----------------------+
| 21.875                     | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 37.50                      | 25              | -60                  |
+----------------------------+-----------------+----------------------+
| 62.50                      | 25              | -65                  |
+----------------------------+-----------------+----------------------+
| 87.50                      | 25              | -65                  |
+----------------------------+-----------------+----------------------+
| 150.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| 250.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| 350.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| \>400kHz to 12 MHz         | 30 (s)          | -75                  |
+----------------------------+-----------------+----------------------+
| 12 MHz to paired receive   | 30 (s)          | -75                  |
| band                       |                 |                      |
+----------------------------+-----------------+----------------------+
| In the paired\             | 30 (s)          | -100                 |
| receive band               |                 |                      |
+----------------------------+-----------------+----------------------+

150 kHz Mobile Transmitter ACP Requirements

+----------------------------+-----------------+----------------------+
| Offset from\               | Measurement     | Maximum ACP (dBc)    |
| Center Frequency (kHz)     |                 |                      |
|                            | Bandwidth (kHz) |                      |
+----------------------------+-----------------+----------------------+
| 100                        | 50              | -40                  |
+----------------------------+-----------------+----------------------+
| 200                        | 50              | -50                  |
+----------------------------+-----------------+----------------------+
| 300                        | 50              | -50                  |
+----------------------------+-----------------+----------------------+
| 400                        | 50              | -50                  |
+----------------------------+-----------------+----------------------+
| 600-1000                   | 30(s)           | -60                  |
+----------------------------+-----------------+----------------------+
| 1000 to receive band       | 30(s)           | -70                  |
+----------------------------+-----------------+----------------------+
| In the receive band        | 30(s)           | -100                 |
+----------------------------+-----------------+----------------------+

6.25 kHz Base Transmitter ACP Requirements

+----------------------------+-----------------+----------------------+
| Offset from                | Measurement     | Maximum ACP (dBc)    |
|                            | Bandwidth (kHz) |                      |
| Center Frequency (kHz)     |                 |                      |
+----------------------------+-----------------+----------------------+
| 6.25                       | 6.25            | -40                  |
+----------------------------+-----------------+----------------------+
| 12.50                      | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 18.75                      | 6.25            | -60                  |
+----------------------------+-----------------+----------------------+
| 25.00                      | 6.25            | -65                  |
+----------------------------+-----------------+----------------------+
| 37.50                      | 25              | -65                  |
+----------------------------+-----------------+----------------------+
| 62.50                      | 25              | -65                  |
+----------------------------+-----------------+----------------------+
| 87.50                      | 25              | -65                  |
+----------------------------+-----------------+----------------------+
| 150.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| 250.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| 350.00                     | 100             | -65                  |
+----------------------------+-----------------+----------------------+
| \>400 to 12 MHz            | 30 (s)          | -80                  |
+----------------------------+-----------------+----------------------+
| 12 MHz to paired receive   | 30(s)           | -80                  |
| band                       |                 |                      |
+----------------------------+-----------------+----------------------+
| In the paired\             | 30 (s)          | -100                 |
| receive band               |                 |                      |
+----------------------------+-----------------+----------------------+

12.5 kHz Base Transmitter ACP Requirements

  ----------------------------- ------------------ ----------------------
  Offset from\                  Measurement        Maximum ACP (dBc)
  Center Frequency (kHz)        Bandwidth (kHz)    

  9.375                         6.25               -40

  15.625                        6.25               -60

  21.875                        6.25               -60

  37.5                          25                 -60

  62.5                          25                 -65

  87.5                          25                 -65

  150                           100                -65

  250                           100                -65

  350.00                        100                -65

  \>400 kHz to 12 MHz           30 (s)             -80

  12 MHz to paired receive band 30 (s)             -80

  In the paired\                30 (s)             -100
  receive band                                     
  ----------------------------- ------------------ ----------------------

25 kHz Base Transmitter ACP Requirements

  --------------------------- -------------------- -----------------------
  Offset from\                Measurement          Maximum ACP (dBc)
  Center Frequency (kHz)      Bandwidth (kHz)      

  15.625                      6.25                 -40

  21.875                      6.25                 -60

  37.5                        25                   -60

  62.5                        25                   -65

  87.5                        25                   -65

  150                         100                  -65

  250                         100                  -65

  350                         100.00               -65

  \>400 kHz to12 MHz          30(s)                -80

  12 MHz to paired receive    30 (s)               -80
  band                                             

  In the paired\              30 (s)               -100
  receive band                                     
  --------------------------- -------------------- -----------------------

150 kHz Base Transmitter ACP Requirements

  ----------------------------- ------------------ -----------------------
  Offset from\                  Measurement        Maximum ACP (dBc)
  Center Frequency (kHz)        Bandwidth (kHz)    

  100                           50                 -40

  200                           50                 -50

  300                           50                 -55

  400                           50                 -60

  600-1000                      30(s)              -65

  1000 to receive band          30(s)              -75 (continues at
                                                   6dB/oct)

  In the receive band           30(s)              -100
  ----------------------------- ------------------ -----------------------

\(b\) *ACP measurement procedure*. The following are the procedures for
making the transmitter ACP measurements. For all measurements modulate
the transmitter as it would be modulated in normal operating conditions.
For time division multiple access (TDMA) systems, the measurements are
to be made under TDMA operation only during following are procedures for
making transmitter measurements. For time division multiple access
(TDMA) systems, the measurements are to be made under TDMA operation
only during time slots when the transmitter is active. All measurements
are made at the transmitter's output port. If a transmitter has an
integral antenna, a suitable power coupling device shall be used to
couple the RF signal to the measurement instrument. The coupling device
shall substantially maintain the proper transmitter load impedance. The
ACP measurements may be made with a spectrum analyzer capable of making
direct ACP measurements. "Measurement bandwidth", as used for non-swept
measurements, implies an instrument that measures the power in many
narrow bandwidths equal to the nominal resolution bandwidth and
integrates these powers to determine the total power in the specified
measurement bandwidth..

\(1\) *Setting reference level:* Set transmitter to maximum output
power. Using a spectrum analyzer capable of ACP measurements, set the
measurement bandwidth to the channel size. For example, for a 6.25 kHz
transmitter, set the measurement bandwidth to 6.25 kHz; for a 150 kHz
transmitter, set the measurement bandwidth to 150 kHz. Set the frequency
offset of the measurement bandwidth to zero and adjust the center
frequency of the instrument to the assigned center frequency to measure
the average power level of the transmitter. Record this power level in
dBm as the \"reference power level\".

\(2\) *Non-swept power measurement:* Using a spectrum analyzer capable
of ACP measurements, set the measurement bandwidth and frequency offset
from the assigned center frequency as shown in the tables in §90.543 (a)
above. Any value of resolution bandwidth may be used as long as it does
not exceed 2% of the specified measurement bandwidth. Measure the power
level in dBm. These measurements should be made at maximum power.
Calculate ACP by subtracting the reference power level measured in
(b)(1) from the measurements made in this step. The absolute value of
the calculated ACP must be greater than or equal to the absolute value
of the ACP given in the table for each condition above.

. (3) *Swept* *power measurement:* Set a spectrum analyzer to 30 kHz
resolution bandwidth, 1 MHz video bandwidth and average, sample, or RMS
detection. Set the reference level of the spectrum analyzer to the RMS
value of the transmitter power. Sweep above and below the carrier
frequency to the limits defined in the tables. Calculate ACP by
subtracting the reference power level measured in (b)(1) from the
measurements made in this step. The absolute value of the calculated ACP
must be greater than or equal to the absolute value of the ACP given in
the table for each condition above.

(4)  \[deleted\]

\(c\) *Out-of-band emission limit*. On any frequency outside of the
frequency ranges covered by the ACP tables in this section, the power of
any emission must be reduced below the mean output power (P) by at least
43 + 10log (P) dB measured in a 100 kHz bandwidth for frequencies less
than 1 GHz, and in a 1 MHz bandwidth for frequencies greater than 1 GHz.

\(d\) *Authorized bandwidth*. Provided that the ACP requirements of this
section are met, applicants may request any authorized bandwidth that
does not exceed the channel size.

\(e\) For operations in the 764 to 776 MHz and 794 to 806 MHz bands, all
emissions including harmonics in the band 1559-1610 MHz shall be limited
to -70 dBW/MHz equivalent isotropically radiated power (EIRP) for
wideband signals, and -80 dBW EIRP for discrete emissions of less than
700 Hz bandwidth. For the purpose of equipment authorization, a
transmitter shall be tested with an antenna that is representative of
the type that will be used with the equipment in normal operation.

\(f\) When an emission outside of the authorized bandwidth causes
harmful interference, the Commission may, at its discretion, require
greater attenuation than specified in this section.

**APPENDIX E -- LIST OF COMMENTING PARTIES**

#  {#section .unnumbered}

Telecommunications Industry Association -- Private Radio Section

National Public Safety Telecommunications Council

Robert T. Rouleau

Frederick G. Griffin

Tyco Electronics

M/A-COM Private Radio Systems, Inc.

Thomas Jefferson, Inc.

Motorola, Inc.

Fox Ridge Communications

Robert J. Speidel

Association of Public-Safety Communications Officials, International

Kevin C. Shoemaker

Pam Montanari

Kevin Kearns

Stephen T. Devine, Chairperson Region 24 Regional Planning Committee

Robert W. Furtaw

IACP-MCC-NSA-MCSA by Harlin R. McEwen

John Oblak

Robert Small

R.I.C.

Kathleen M.H. Wallman

Nortel Networks Inc./EADS Telecom

Access Spectrum, LLC

Excel

[^1]: 47 C.F.R. §§ 90.543, 27.53. ACCP or ACP is typically defined as
    the ratio of the average power in the adjacent frequency channel to
    the average power in the transmitted frequency channel, and is
    usually measured at multiple offsets. There is no technical
    distinction between the terms ACCP and ACP; however, ACP has become
    the more accepted term in the industry, possibly because ACCP is
    also used as an abbreviation for Adjacent Channel Co-Polarization.
    See, *e.g*., Fixed Radio Systems; Representative Values for
    Transmitter Power and Antenna Gain to Support Inter- And
    Intra-Compatibility and Sharing Analysis. European Technical
    Standards Institute (ETSI) TR-102 243-1, V1.1.1 at 6. (2004-2005).

[^2]: 47 C.F.R. §§ 90.543, 27.53.

[^3]: *See* Comments of the Private Radio Section of the Wireless
    Communications Division of the Telecommunications Industry
    Association, filed Dec. 9, 2002, (TIA-PRS Comments). TIA is a trade
    association serving the communications and information technology
    industry, with approximately 1,000 member companies that manufacture
    or supply the products and services used in global communications.
    TIA is an American National Standard Institute-accredited standards
    development organization and provides technical expertise to the
    telecommunications industry in a wide range of areas, including
    system performance, interference abatement, and compatibility
    interoperability. PRS is a section of TIA\'s Wireless Communications
    Division that focuses in part on the necessary requirements to
    support reliable wireless communications responding to the needs of
    public safety entities. *See* Development of Operational, Technical
    and Spectrum Requirements For Meeting Federal, State and Local
    Public Safety Agency Communication Requirements Through the Year
    2010, WT Docket No. 96-86, *Sixth Notice of Proposed Rulemaking*, 17
    FCC Rcd 19303, 19305 n. 8 (2002) (Sixth NPRM).

[^4]: The term "700 MHz Guard Bands" refers to six megahertz of spectrum
    that is located immediately adjacent to the 700 MHz Public Safety
    Band. *See* Service Rules for the 746-764 and 776-794 MHz Bands, and
    Revisions to Part 27 of the Commission's Rules, *Second Report and
    Order*, 15 FCC Rcd 5299 (2000). The 700 MHz Guard Bands consist of
    two blocks of paired spectrum, specifically, 746-747 MHz paired with
    776-777 MHz, and 762-764 MHz paired with 792-794 MHz. *See* 47
    C.F.R. § 27.5(b)(1) and (2).

[^5]: Comments of Access Spectrum, LLC, filed Dec. 9, 2002 at 2-3
    (Access Spectrum Comments).

[^6]: *Id* at 3.

[^7]: Joint Comments of Nortel Networks Inc. and EADS Telecom North
    America to Sixth Notice of Proposed Rulemaking, filed Dec. 9, 2002
    (Nortel/EADS Joint Comments).

[^8]: 47 C.F.R. § 90.548.

[^9]: 47 C.F.R. § 90.533(e).

[^10]: 47 C.F.R. § 90.537.

[^11]: Reallocation of Television Channels 60‑69, the 746‑806 MHz Band,
    ET Docket No. 97‑157, *Notice of Proposed Rule Making*,
    12 FCC Rcd 14141 (1997); Reallocation of Television Channels 60-69,
    the 746-806 MHz Band, *Report and Order*, 12 FCC Rcd 22953 (1998)
    (*Reallocation* *R&O*).

[^12]: Advanced Television Systems and Their Impact upon the Existing
    Television Broadcast Service, *Sixth Report and Order*,
    12 FCC Rcd 14588 (1997).

[^13]: *See, e.g.,* 47 C.F.R. § 90.531 (Band plan). *See also*
    Development of Operational, Technical and Spectrum Requirements For
    Meeting Federal, State and Local Public Safety Agency Communication
    Requirements Through the Year 2010, *First Report and Order and
    Third Notice of Proposed Rulemaking*, 14 FCC Rcd 152, 214 ¶ 138
    (1998) (*First R&O and Third NPRM)*.

[^14]: *See* Development of Operational, Technical and Spectrum
    Requirements For Meeting Federal, State and Local Public Safety
    Agency Communication Requirements Through the Year 2010, *Fifth
    Report and Order,* 17 FCC Rcd 14999, 15007-09 ¶¶ 16-19 (*Fifth
    R&O*).

[^15]: The reference to 25 kHz, 12.5 kHz and 6.25 kHz systems used in
    this item is a short form for systems that carry a single voice path
    in those bandwidths. However, there is equipment that accommodates
    more than a single voice path in a 25 kHz or 12.5 kHz channel,
    *e.g.,* a "four-slot TDMA" system that provides four voice paths in
    a 25 kHz bandwidth (thus meeting the a "one voice path per 6.25 kHz"
    efficiency standard) or a "two-slot TDMA" system that provides two
    voice paths in a 12.5 kHz bandwidth (also meeting the "one voice
    path per 6.25 kHz" efficiency standard). These latter two systems
    therefore would not be considered, respectively, "25 kHz systems" or
    "12.5 kHz systems," as those terms are used herein. *See Fifth R&O,*
    17 FCC Rcd at 15000 ¶ 2 n.4.

[^16]: *See Fifth R&O*, 17 FCC Rcd at 15007-08 ¶¶ 16-17.

[^17]: *Id.* 17 FCC Rcd at 15008 ¶ 18.

[^18]: *Id*. 17 FCC Rcd at 15007 ¶ 16.

[^19]: *Id*.

[^20]: *Id*.

[^21]: Motorola Petition for Reconsideration, filed Jan. 13, 2004
    (*Motorola Petition).*

[^22]: *Id.* at 6-14.

[^23]: *Id.* at 6-8. For instance, Motorola believes that most
    manufacturers will satisfy efficiency requirements primarily with
    12.5 kHz time division multiple access equipment (TDMA) offering two
    voice paths per channel. Motorola believes that while TDMA
    technology may provide a reasonable solution for multi-channel,
    wide-area trunked systems, such systems will likely be cost
    prohibitive for public safety entities, which require less elaborate
    conventional solutions. *Id.*

[^24]: *Id.* at 7.

[^25]: *Id.*

[^26]: *Id.* at 9.

[^27]: Motorola Petition at 13.

[^28]: *Id.* at 12-13.

[^29]: *Id.* at 11-12. For example, Motorola suggests that if a public
    safety user needs to construct a conventional system after January
    1, 2007, it may be less expensive to purchase a 12.5 kHz bandwidth
    system and retire that system in less then ten years, rather then
    purchase a cost prohibitive multi-slot TDMA system. *Id.*

[^30]: *See* Opposition by M/A-COM, Inc. to the Petition of
    Reconsideration of the Fifth Report and Order filed by Motorola,
    Inc. at 12 filed Apr. 1, 2003 (M/A-COM Opposition).

[^31]: *See* Comments of Daniels Electronics at 1 filed Mar. 26, 2003
    (Daniels Electronics Comments); EF Johnson Comments in Support of
    the Motorola Petition for Reconsideration 6.25 kHz Migration Ruling
    in 700 MHz at 2 filed April 28, 2003 (EF Johnson Comments).

[^32]: *See* Comments of Association of Public Safety Communications
    Officials International (APCO) in Support of Petition for
    Reconsideration filed by Motorola, Inc., filed Apr. 1, 2003 (APCO
    Comments) at 2; Comments of the International Association of Chiefs
    of Police, the Major Cities Chiefs, the National Sheffifs
    Association and the Major Counties Sherriffs Association, filed Mar.
    30, 2003 (IACP Comments) at 5; Comments of Pinellas County, Florida
    in Support of Motorola's Petition for Reconsideration at 1 filed Apr
    1, 2003 (Pinellas County Comments).

[^33]: *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, *Third
    Memorandum and Opinion and Order and Third Further Notice of
    Proposed Rulemaking*, WT Docket No. 99-87, RM-9332, FCC 04-xxxx
    (rel. Dec. xx, 2004).

[^34]: *Id.* at ¶ 22.

[^35]: *Id.*

[^36]: *See* n. Error: Reference source not found *supra.*

[^37]: APCO Comments at 2; and IACP Comments at 5.

[^38]: M/A-COM Opposition at 15-16.

[^39]: *See* note Error: Reference source not found, *supra*.

[^40]: *See generally* Development of Operational, Technical and
    Spectrum Requirements For Meeting Federal, State and Local Public
    Safety Agency Communication Requirements Through the Year 2010, WT
    Docket No. 96-86, *Sixth Notice of Proposed Rulemaking*, 17 FCC Rcd
    19303 (2002) *(Sixth NPRM).*

[^41]: *Sixth NPRM,* 17 FCC Rcd at 19305 ¶ 4. *See also* 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
    Order,* 15 FCC Rcd 16844, 16853 ¶ 17 (2000) (*Second MO&O*). In the
    *Second MO&O,* the Commission requested the industry to review
    technical issues related to ACCP values and come to a consensus on
    specific ACCP emission limits. *Id.*

[^42]: *Sixth NPRM*, 17 FCC Rcd at 19309 ¶ 17.

[^43]: *Id.*

[^44]: 47 C.F.R. § 90.543(c).

[^45]: *Sixth NPRM*, 17 FCC Rcd at 19309 ¶ 17.

[^46]: *Id.*

[^47]: In adopting our proposed changes to Section 90.543, we correct a
    typographical error contained in proposed rule Section 90.543(b) in
    the *Sixth NPRM.* 47 C.F.R. § 90.543. *See Sixth NPRM,* 17 FCC Rcd
    at 19322, Appendix A. As TIA-PRS noted, the third sentence in the
    proposed Section 90.543(b) is redundant and should be deleted.
    TIA-PRS Comments at 4 n.7.

[^48]: *See* TIA-PRS Comments at 2; Access Spectrum Comments at 2;
    Comments of M/A-COM Private Radio Systems, Inc. to the Sixth Further
    Notice of Proposed Rulemaking, filed Dec. 9 2002 (M/A-COM Comments)
    at 1-2; Nortel/EADS Joint Comments at 2; and Reply Comments of
    Motorola, Inc., filed Dec. 23, 2002 (Motorola Reply Comments) at 1.

[^49]: 47 C.F.R. § 90.543.

[^50]: 47 C.F.R. § 90.543(a).

[^51]: *Sixth NPRM,* 17 FCC Rcd at 19306 ¶¶ 6-9.

[^52]: *See* M/A-COM Comments at 4-6.

[^53]: *See* note Error: Reference source not found, *supra.*

[^54]: *Sixth NPRM,* 17 FCC Rcd at 19306-07 ¶¶ 6-9.

[^55]: *Id*.

[^56]: 47 C.F.R. § 90.543(a).

[^57]: 47 C.F.R. § 90.543.

[^58]: *Sixth NPRM,* 17 FCC Rcd at 19306 ¶ 8.

[^59]: *Id.* at 19306 ¶ 9.

[^60]: 47 C.F.R. § 90.543(a).

[^61]: *Sixth NPRM,* 17 FCC Rcd at 19306-07 ¶ 9.

[^62]: We note that commenting parties voiced their overall support for
    proposals in the *Sixth NPRM.* *See* note Error: Reference source
    not found, *supra*.

[^63]: *Id.* 17 FCC Rcd at 19307 ¶ 10.

[^64]: *Id.* 17 FCC Rcd at 19307-8 ¶¶ 11,13.

[^65]: *Id.* 17 FCC Rcd at 19307 ¶11.

[^66]: *Id.*

[^67]: *Id.*

[^68]: *Id.*

[^69]: *Id.* 17 FCC Rcd at 19308 ¶ 13.

[^70]: *Id.*

[^71]: *Id.*

[^72]: *Id.*

[^73]: We note that commenting parties voiced their overall support for
    proposals in the *Sixth NPRM.* *See* note Error: Reference source
    not found, *supra*.

[^74]: 47 C.F.R. § 90.543. *See Sixth NPRM*, 17 FCC Rcd at 19309 ¶ 16.

[^75]: *See First R&O*, 14 FCC Rcd at 216 ¶ 144. Automatic power control
    allows a system to automatically adjust the output power of
    transmitters in order to maintain the minimum transmitting power
    necessary for effective communications, thereby reducing the
    potential for interference from that transmitter.

[^76]: *Id.*

[^77]: *See Second MO&O*, 15 FCC Rcd at 16852 ¶ 14.

[^78]: *Sixth NPRM*, 17 FCC Rcd at 19309 ¶ 16.

[^79]: *Id.*

[^80]: We note that commenting parties voiced their overall support for
    proposals in the *Sixth NPRM.* *See* note Error: Reference source
    not found, *supra*.

[^81]: 47 C.F.R. § 90.543.

[^82]: *See* 47 C.F.R. § 27.53(d). *See Sixth NPRM*, 17 FCC Rcd at 19309
    ¶ 18.

[^83]: 47 C.F.R. § 27.53(d).

[^84]: *See* 47.C.F.R. § 90.543. *See* TIA-PRS Comments at 2; Access
    Spectrum Comments at 1; M/A-COM Comments at 6; and Motorola Reply
    Comments at 4.

[^85]: M/A-COM Comments at 6. *See* 47.C.F.R. § 90.543.

[^86]: 47 C.F.R. § 90.543. *See* TIA-PRS Comments at 2-4 and Letter
    dated July 16, 2002 from TIA-PRS to Magalie Roman Salas, Secretary,
    Federal Communications Commission (TIA-PRS *Ex Parte*).

[^87]: TIA-PRS Comments at 4.

[^88]: 47 C.F.R. § 90.543.

[^89]: TIA-PRS *Ex Parte* at 2, 4-7.

[^90]: TIA-PRS Comments at 2-3*.*

[^91]: TIA-PRS *Ex Parte* at 2*.*

[^92]: *See First R&O*, 14 FCC Rcd 173-174 ¶ 39.

[^93]: TIA-PRS *Ex Parte* Comments at 2.

[^94]: 47 C.F.R. § 90.543.

[^95]: *See* TIA-PRS Comments at 3.

[^96]: *Id. See also* TIA-PRS *Ex Parte* at 2-3. Duplex operation is a
    method whereby transmission is possible simultaneously in both
    directions of a telecommunication channel.

[^97]: TIA-PRS *Ex Parte* at 2-3.

[^98]: *Id.*

[^99]: TIA-PRS Comments at 4, addressing 47 C.F.R. § 90.543(a).

[^100]: *See* Service Rules for the 746-764 and 776-794 MHz Bands, and
    Revisions to Part 27 of the Commission's Rules, *Second Report and
    Order*, 15 FCC Rcd 5299, 5307 ¶ 17 (2000).

[^101]: *See* Letter dated October 6, 2004, from Wayne Leland, Chairman
    Private Radio Section of Telecommunications Industry Association to
    Marlene Dortch, Secretary Federal Communications Commission at 3
    (TIA-PRS Ex Parte). *See also* Letter, dated September 28, 2004,
    from Marilyn B. Ward, Chair National Public Safety Communications
    Council to John Muleta, Chief, Wireless Telecommunications Bureau,
    Federal Communications Commission at 3.

[^102]: *See* 47 C.F.R. §§ 90.637 (addressing operational fixed stations
    in the 800 MHz band) and 90.647(c) (addressing station
    identification of digital base stations in the 800 MHz band).

[^103]: Access Spectrum Comments at 2*.*

[^104]: *Id.* *See* 47 C.F.R. §§ 90.691 (for 800 MHz EA-based SMR
    emission limits), 90.669 (for 900 MHz EA-based SMR emission limits),
    24.133 (for narrowband PCS emission limits), 24.238 (for broadband
    PCS emission limits), 27.53(c) and (f) (for 700 MHz commercial band
    emission limits).

[^105]: 47 C.F.R. § 27.53(d).

[^106]: Access Spectrum Comments at 2.

[^107]: *Id.* at 3.

[^108]: *Id.*

[^109]: Nortel/EADS Comments at 2-4.

[^110]: *Id.* at 3.

[^111]: *Id.* *See also* 47 C.F.R. § 90.543(a).

[^112]: Nortel/EADS Comments at 2. Nortel/EADS state that the proposed
    change will allow use of 2-slot TDMA technology capable of a
    spectrum efficiency of 15-16 kb/s in a 12.5 kHz channel, which is
    well above the required minimum efficiency of 9.6 kb/s for a 12.5
    kHz channel. *Id.* *See* 47 C.F.R. § 90.535(b) for minimum spectrum
    efficiency requirements.

[^113]: Nortel/EADS Comments at 2 n.5.

[^114]: *First R&O,* 14 FCC Rcd at 204 ¶ 113.

[^115]: *NCC Report* at 22.

[^116]: *First R&O,* 14 FCC Rcd at 204 ¶ 113.

[^117]: *Id.* at 21.

[^118]: *See* letter dated July 25, 2003 from Kathleen Wallman, Chair,
    National Coordination Committee to Michael Powell, Chairman, Federal
    Communications Commission at 2 (*July Letter*).

[^119]: The SAM standard consists of the following documents:
    TIA-902.BAAC Wideband Air Interface Media Access Control/Radio Link
    Adaptation (MAC/RLA) Layer Specification Public Safety Wideband Data
    Standards Project Digital Radio Technical Standards, September 2002;
    TIA-902.BAAD Wideband Air Interface Scalable Adaptive Modulation
    (SAM) Radio Channel Coding (CHC) Specification Public Safety
    Wideband Data Standards Project Digital Radio Technical Standards,
    September 2002; TIA-902.BAAE Wideband Air Interface Logical Link
    Control (LLC) Specification Public Safety Wideband Standards Project
    Digital Radio Technical Standards, September 2002; TIA-902.BAEB
    Wideband Air Interface Packet Data Specifications (PDS) Public
    Safety Wideband Standards Project Digital Radio Technical Standards,
    May 2003; TIA-902.BAAF Wideband Air Interface Mobility Management
    (MM) Layer Specification Public Safety Wideband Standards Project
    Digital Radio Technical Standards, May 2003; and TIA-902.BAAB
    Wideband Air Interface Scalable Adaptive Modulation (SAM) Physical
    Layer Specification Public Safety Wideband Standards Project Digital
    Radio Technical Standards, February 2002. A related wideband data
    channel application for text messaging, TIA-902.AAAB, which does not
    involve the physical layer of the SAM technology and is not
    essential to the standard's definition, has not been published yet.
    *See* *July Letter* at 2-3. We will address the text messaging
    standard at a later date, if necessary.

[^120]: *See* 47 C.F.R. § 90.548(a).

[^121]: Development of Operational, Technical and Spectrum Requirements
    For Meeting Federal, State and Local Public Safety Agency
    Communication Requirements Through the Year 2010, WT Docket No.
    96-86, *Second Notice of Proposed Rule Making*, 12 FCC Rcd 17706
    (1997) (*Second NPRM*).

[^122]: *See* 47 C.F.R. § 90.547.

[^123]: *First R&O*, 14 FCC Rcd at 213 ¶ 135.

[^124]: In doing so, the NCC pointed out that one manufacturer, M/A-COM,
    noted the increased cost of the product while another, Dataradio,
    opposed the requirement. *See* *July Letter* at 3. TIA-PRS notes
    that the wideband I/O standards have been upgraded to full ANSI
    standards. *See* TIA-PRS Ex Parte at 2-3.

[^125]: *Id.*

[^126]: *Id.*

[^127]: The NCC defines the term "integral to single-purpose equipment"
    as a single-purpose device and data modem that is contained in the
    same case or enclosure; the data modem must be dedicated to said
    device. *See* *July Letter* at 3-4.

[^128]: *See* 47 C.F.R. § 90.548.

[^129]: *See* *July Letter* at 5.

[^130]: *Id.*

[^131]: *Id. See* Project 25 FDMA Common Air Interface---New Technology
    Standards Project---Digital Radio Technology Standards,
    Telecommunications Industry Association,
    ANSI/TIA/EIA-102.BAAA-A-2003, Project 25 Vocoder Description.

[^132]: *See* TIA-PRS *Ex Parte* at 1-2.

[^133]: *Id.*

[^134]: The only exception was on the two nationwide interoperability
    calling channels. *Fourth R&O*, 16 FCC Rcd at 2053 ¶ 92. *See also*
    47 C.F.R. § 90.553(b).

[^135]: *See July Letter* at 6.

[^136]: 47 C.F.R. § 90.203. *See* 47 C.F.R. Part 2, Subpart J.

[^137]: NCC Report at 14 ¶ 43, Appendix D at 4.

[^138]: In this case, simplex operation is mobile to mobile
    communications on one-half of the channel pair. The communications
    do not go through an infrastructure. Simplex operation is often the
    dominant mode of communications between multiple public safety
    agencies at the scene of an incident. *Id.*

[^139]: *Id*.

[^140]: *See* *July Letter* at 2.

[^141]: *Id.* at Appendix D at 1-2.

[^142]: Development of Operational, Technical and Spectrum Requirements
    For Meeting Federal, State and Local Public Safety Agency
    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 at 2039-40 ¶¶54-59 (2001) (*Fourth R&O*).

[^143]: *Id.* 16 FCC Rcd at 2040 ¶ 59.

[^144]: *See July Letter* at 4 and Attachment to *July Letter*.

[^145]: *See* Letter, dated September 28, 2004, from Marilyn B. Ward,
    Chair, National Public Safety Telecommunications Council to John
    Muleta, Chief, Wireless Telecommunications Bureau, Federal
    Communications Commission (*NPTSC Letter)*.

[^146]: *See* Improving Public Safety Communications in the 800 MHz
    Band, WT Docket 02-55, *Report and Order, Fifth Report and Order,
    Fourth Memorandum Opinion and Order, and Order*, 19 FCC Rcd 14969
    (2004) as amended by *Erratum*, DA 04-3208, rel. Oct. 6, 2004, and
    *Erratum,* DA 04-3459, rel. Oct. 29, 2004 (*800 MHz R&O*).

[^147]: *See NPTSC Letter* at 4.

[^148]: *See* Report to Congressional Requesters, Homeland Security:
    Federal Leadership and Intergovernmental Cooperation required to
    Achieve First Responder Interoperable Communications, General
    Accounting Office, GAO-04-740 at 20-21 (July 2004).

[^149]: *See* letter, dated May 29, 2003, from Kathleen Wallman, Chair,
    National Coordination Committee to Michael Powell, Chairman, Federal
    Communications Commission, at 3 (*May Letter*). For the purposes of
    this recommendation, operational area is the jurisdictional area
    plus three miles in rural areas, and the jurisdictional area plus
    five miles in urban areas.

[^150]: *See May Letter* at 3.

[^151]: *See July Letter* at 4.

[^152]: *See NCC Report* at ¶ 34.

[^153]: *Fourth R&O*, 16 FCC Rcd at 2024 ¶ 9.

[^154]: *See* 47 C.F.R. § 90.525(b).

[^155]: *See July Letter* at 5. Specifically the NCC recommends the
    Commission require states to create an interoperability plan and
    file it with the Commission, that such a plan be updated whenever
    substantive changes are made or, in any event, at least every three
    years and that the interoperability plan be stored in a electronic
    data base that is accessible by authorized officials. *Id.*

[^156]: *Fourth R&O*, 16 FCC Rcd at 2026 ¶ 13.

[^157]: *Id.*

[^158]: 107 Pub. L. 296; 116 Stat. 2135, § 502(5). *See also* Homeland
    Security Presidential Directive/HSPD-5 (rel. Feb. 28, 2003).

[^159]: For example, an interoperability plan involves establishing
    protocols, standard procedures, partnerships, inter-government
    coordination, training; etc.

[^160]: By tentatively concluding not to require the use of SIECs, we by
    extension tentatively conclude not to grant these entities
    jurisdiction over all public safety bands.

[^161]: *Fourth R&O*, 16 FCC Rcd at 2028 ¶¶ 18-20.

[^162]: Development of Operational, Technical and Spectrum Requirements
    For Meeting Federal, State and Local Public Safety Agency
    Communication Requirements Through the Year 2010, WT Docket No.
    96-86, *Fourth Memorandum Opinion and Order*, 17 FCC Rcd at 4740
    (*Fourth MO&O*).

[^163]: *See July Letter* at 6.

[^164]: *See* Letter from the Public Safety Communications Council
    (PSCC), Al Mello, Chairman, to Marilyn Ward, Chairperson, National
    Public Safety Telecommunications Council (dated May 24, 2001). The
    PSCC letter states the position of four FCC-certified public safety
    frequency coordinators (American Association of State Highway and
    Transportation Officials (AASHTO), APCO, Forestry Conservation
    Communications Association (FCCA) and International Municipal Signal
    Association (IMSA)/ International Association of Fire Chiefs (IAFC))
    regarding the pre-coordination database. We also point out that in
    the PLMR bands below 512 MHz we left it to the coordinators to
    select a database to make frequency selections rather than mandate a
    particular database. *See* Frequency Coordination in the Private
    Land Mobile Radio Services, *Report and Order*, 103 FCC 2d 1093
    (1986).

[^165]: *See* Development and Implementation of a Public Safety National
    Plan and Amendment of Part 90 to Establish Service Rules and
    Technical Standards for Use of the 821-824/866-869 MHz Bands by the
    Public Safety Services, *Report and Order,* 3 FCC Rcd 905, 911
    (1987). *See also Second MO&O*, 12 FCC Rcd 17706, 17755 -56 ¶¶
    109-110.

[^166]: *First R&O,* 14 FCC Rcd at 195-196 ¶ 88.

[^167]: *See* *July Letter* at 6-7.

[^168]: We note that the NCC also recommends that modifications to
    approved Plans that involve changes in the way frequencies are
    allocated, allotted, and coordinated should be considered major
    modifications which require written concurrence of adjoining regions
    and prior Commission approval. Because the Commission already treats
    modifications to regional plans in such a fashion, we decline to
    seek comment on this recommendation.

[^169]: *First R&O,* 14 FCC Rcd at 195 ¶ 87.

[^170]: *Id.*

[^171]: However, providing updates to the Commission's Wireless
    Telecommunications Bureau on changes to regional planning committee
    leadership, as well keeping adjacent regions apprised of changes in
    leadership, is a good practice that each region is encouraged to
    adopt.

[^172]: *See First R&O and Third NPRM*, 14 FCC Rcd 211 ¶ 131. *See also*
    47 C.F.R. § 90.537 (1998).

[^173]: 47 C.F.R. § 90.537.

[^174]: 47 C.F.R. § 90.537(a).

[^175]: 47 C.F.R. § 90.537(b).

[^176]: *See generally* 47 C.F.R. §§ 1.1202, 1.1203, 1.1206.

[^177]: 47 C.F.R. §§ 1.415, 1.419.

[^178]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    *Report and Order,* 13 FCC Rcd 11322 (1998).

[^179]: *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).

[^180]: 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, *Fifth
    Report and Order*, 17 FCC Rcd 14999 (2002) 67 Fed Reg. 76697 (Dec.
    13, 2002).

[^181]: *See* 5 U.S.C. § 604.

[^182]: *See* 5 U.S.C. § 601(6).

[^183]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small business concern" in 15 U.S.C. § 632). Pursuant to the RFA,
    the statutory definition of a small business applies unless an
    agency, after consultation with the Office of Advocacy of the Small
    Business Administration and after opportunity for public comment,
    establishes one or more definitions which are appropriate to the
    activities of the agency and publishes such definition(s) in the
    Federal Register.

[^184]: Small Business Act, 5 U.S.C. § 632 (1996).

[^185]: 5 U.S.C. § 601(4).

[^186]: 1992 Economic Census, U.S. Bureau of the Census, Table 6
    (special tabulation of data under contract to the Office of Advocacy
    of the Small Business Administration).

[^187]: 5 U.S.C. § 601(5).

[^188]: U.S. Census Bureau, Statistical Abstract of the United States:
    2000, Section 9, pages 299-300, Tables 490 and 492.

[^189]: *See* subparts A and B of Part 90 of the Commission\'s Rules, 47
    C.F.R. §§ 90.1-90.22. Police licensees include 26,608 licensees that
    serve state, county, and municipal enforcement through telephony
    (voice), telegraphy (code), and teletype and facsimile (printed
    material). Fire licensees include 22,677 licensees comprised of
    private volunteer or professional fire companies, as well as units
    under governmental control. Public Safety Radio Pool licensees also
    include 40,512 licensees that are state, county, or municipal
    entities that use radio for official purposes. There are also 7,325
    forestry service licensees comprised of licensees from state
    departments of conservation and private forest organizations that
    set up communications networks among fire lookout towers and ground
    crews. The 9,480 state and local governments are highway maintenance
    licensees that provide emergency and routine communications to aid
    other public safety services to keep main roads safe for vehicular
    traffic. Emergency medical licensees (1,460) use these channels for
    emergency medical service communications related to the delivery of
    emergency medical treatment. Another 19,478 licensees include
    medical services, rescue organizations, veterinarians, persons with
    disabilities, disaster relief organizations, school buses, beach
    patrols, establishments in isolated areas, communications standby
    facilities, and emergency repair of public communications
    facilities.

[^190]: *See* 13 C.F.R. § 121.201 (NAICS Code 517212).

[^191]: There is no information currently available about the number
    within the 127,540 that have less than 1500 employees.

[^192]: 13 C.F.R. § 121.201, NAICS code 334220.

[^193]: The number of \"establishments\" is a less helpful indicator of
    small business prevalence in this context than would be the number
    of \"firms\" or \"companies,\" because the latter take into account
    the concept of common ownership or control. Any single physical
    location for an entity is an establishment, even though that
    location may be owned by a different establishment. Thus, the number
    given may reflect inflated numbers of businesses in this category,
    including the numbers of small businesses. In this category, the
    Census break-out data for firms or companies only gives the total
    number of such entities for 1997, which was 1,089.

[^194]: U.S. Census Bureau, *1997 Economic Census*, Industry Series:
    Manufacturing, \"Industry Statistics by Employment Size,\" Table 4,
    (issued August 1999) NAICS code 334220. We note, however that the
    predominant manufacturers of 800 MHz equipment, Motorola and M/A-COM
    Private Radio Systems, Inc. are not considered small businesses.

[^195]: We note, however that the predominant manufacturers of 800 MHz
    equipment, Motorola and M/A-COM Private Radio Systems, Inc. are not
    considered small businesses.

[^196]: *See* 5 U.S.C. § 603(c).

[^197]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601 *et seq*.,
    has been amended by the Contract With America Advancement Act of
    1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of
    the CWAAA is the Small Business Regulatory Enforcement Fairness Act
    of 1996 (SBREFA).

[^198]: *See* 5 U.S.C. § 605(b).

[^199]: 5 U.S.C. § 601(6).

[^200]: 5 U.S.C § 601(3) (incorporating by reference the definition of
    "small business concern" in 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 or more definitions
    of such term which are appropriate to the activities of the agency
    and publishes such definition(s) in the Federal Register."

[^201]: 15 U.S.C. § 632.

[^202]: *See* 5 U.S.C. § 605(b).

[^203]: *See* 5 U.S.C. § 605(b).

[^204]: *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).

[^205]: *See* 5 U.S.C. § 603(a).

[^206]: *See id*.

[^207]: The term "700 MHz Guard Bands" refers to six megahertz of
    spectrum that is located immediately adjacent to the 700 MHz Public
    Safety Band. *See* Service Rules for the 746-764 and 776-794 MHz
    Bands, and Revisions to Part 27 of the Commission's Rules, *Second
    Report and Order*, 15 FCC Rcd 5299 (2000). The 700 MHz Guard Bands
    consists of two blocks of pared spectrum, specifically, 746-747 MHz
    paired with 776-777 MHz, and 762-764 MHz paired with 792-794 MHz.
    *See* 47 C.F.R. § 27.5(b)(1) and (2).

[^208]: *See* 5 U.S.C. § 601(6).

[^209]: 5 U.S.C. § 601(3) (incorporating by reference the definition of
    "small business concern" in 15 U.S.C. § 632). Pursuant to the RFA,
    the statutory definition of a small business applies unless an
    agency, after consultation with the Office of Advocacy of the Small
    Business Administration and after opportunity for public comment,
    establishes one or more definitions which are appropriate to the
    activities of the agency and publishes such definition(s) in the
    Federal Register.

[^210]: Small Business Act, 5 U.S.C. § 632 (1996).

[^211]: 5 U.S.C. § 601(4).

[^212]: 5 U.S.C. § 601(5).

[^213]: U.S. Census Bureau, Statistical Abstract of the United States:
    2000, Section 9, pages 299-300, Tables 490 and 492.

[^214]: *See* subparts A and B of Part 90 of the Commission\'s Rules, 47
    C.F.R. §§ 90.1-90.22. Police licensees include 26,608 licensees that
    serve state, county, and municipal enforcement through telephony
    (voice), telegraphy (code), and teletype and facsimile (printed
    material). Fire licensees include 22,677 licensees comprised of
    private volunteer or professional fire companies, as well as units
    under governmental control. Public Safety Radio Pool licensees also
    include 40,512 licensees that are state, county, or municipal
    entities that use radio for official purposes. There are also 7,325
    forestry service licensees comprised of licensees from state
    departments of conservation and private forest organizations that
    set up communications networks among fire lookout towers and ground
    crews. The 9,480 state and local governments are highway maintenance
    licensees that provide emergency and routine communications to aid
    other public safety services to keep main roads safe for vehicular
    traffic. Emergency medical licensees (1,460) use these channels for
    emergency medical service communications related to the delivery of
    emergency medical treatment. Another 19,478 licensees include
    medical services, rescue organizations, veterinarians, persons with
    disabilities, disaster relief organizations, school buses, beach
    patrols, establishments in isolated areas, communications standby
    facilities, and emergency repair of public communications
    facilities.

[^215]: *See* 13 C.F.R. § 121.201 (NAICS Code 517212).

[^216]: There is no information currently available about the number
    within the 127,540 that have less than 1500 employees.

[^217]: 13 C.F.R. § 121.201, NAICS code 334220.

[^218]: The number of \"establishments\" is a less helpful indicator of
    small business prevalence in this context than would be the number
    of \"firms\" or \"companies,\" because the latter take into account
    the concept of common ownership or control. Any single physical
    location for an entity is an establishment, even though that
    location may be owned by a different establishment. Thus, the number
    given may reflect inflated numbers of businesses in this category,
    including the numbers of small businesses. In this category, the
    Census break-out data for firms or companies only gives the total
    number of such entities for 1997, which was 1,089.

[^219]: U.S. Census Bureau, *1997 Economic Census*, Industry Series:
    Manufacturing, \"Industry Statistics by Employment Size,\" Table 4,
    (issued August 1999) NAICS code 334220. We note, however that the
    predominant manufacturers of 800 MHz equipment, Motorola and M/A-COM
    Private Radio Systems, Inc. are not considered small businesses.

[^220]: We note, however that the predominant manufacturers of 800 MHz
    equipment, Motorola and M/A-COM Private Radio Systems, Inc. are not
    considered small businesses.

[^221]: *See* 5 U.S.C. § 603(c).