**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | ET Docket No. 04-243         |
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| Amendment of Parts 2 and 90 of   | ) |                              |
| the Commission\'s Rules to       | * |                              |
| Provide for Narrowband Private   | * |                              |
| Land Mobile Radio Channels in    |   |                              |
| the 150.05-150.8 MHz, 162-174    | * |                              |
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| 406.1-420 MHz Bands that are     | * |                              |
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**NOTICE OF PROPOSED RULEMAKING**

**Adopted: June 30, 2004 Released: July 6, 2004**

**Comment Date: 30 days after publication in the Federal Register.**

**Reply Comment Date: 45 days after publication in the Federal
Register.**

By the Commission:

**Table of Contents**

Paragraph

**I.**

**INTRODUCTION** 1

**II. EXECUTIVE SUMMARY** 3

**III. BACKGROUND** 4

**IV. DISCUSSION** 9

A. Federal Use of the Bands 9

B. Non-Federal Use of the Bands 12

1\. Hydro Channels (US13) 14

2\. Forest Firefighting and Conservation Channels (US8) 24

3\. Public Safety Channels (US11) 31

4\. Medical Radiocommunication Systems (US216) 36

5\. Other Users (US117, US223, US300, and US312) 44

**V. PROCEDURAL MATTERS** 51

A. Initial Regulatory Flexibility Analysis 51

B. *Ex Parte* Rules -- Permit‑But‑Disclose Proceeding 52

C. Comments 53

D. Contact Person 56

**VI. ORDERING CLAUSES** 57

Appendix A: Proposed Rules

Appendix B: Initial Regulatory Flexibility Analysis

Appendix C: Current Authorizations

# I. INTRODUCTION {#i.-introduction .unnumbered}

1.  We initiate this proceeding in order to revise the procedures by
    which certain Private Land Mobile Radio (PLMR) service operations on
    the Hydrological and Meteorological (Hydro),[^1] Forest
    Fire-Fighting and Conservation, and Public Safety channels, as well
    as Medical Radiocommunication Systems, are to transition to
    narrower, more spectrally efficient channels in a process commonly
    known as "narrowbanding." These PLMR operations occupy spectrum in
    the 150.05-150.8 MHz, 162‑174 MHz, and 406.1‑420 MHz bands that is
    allocated for Federal Government (Federal) use and, in many cases,
    is shared on the condition that interference is not caused to
    Federal operations. The National Telecommunications and Information
    Administration (NTIA) is transitioning Federal operations in this
    spectrum to 12.5 kHz (so-called "narrowband") channels on a January
    1, 2005 and January 1, 2008 timetable (depending on the band),
    whereas our rules currently permit non-Federal Government
    (non-Federal) licensees to operate channels in excess of 12.5 kHz
    (so-called "wideband" operations) in these bands for as long
    as 2018. Because NTIA has adopted a more rapid narrowbanding
    schedule in these Federal bands than the Commission has required for
    our licensees, this transition has the potential to impact
    non-Federal operations in these bands.[^2]

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1.  Our proposals draw on the general principles embodied in the
    Commission's *Refarming Proceeding*, which set forth a plan to
    transition PLMR operations from 25 kHz channels to narrower
    channels.[^3] In that proceeding, the Commission recognized that
    narrowbanding can promote efficient spectrum use and can help
    accommodate increasing PLMR demand. The instant proceeding is made
    necessary by NTIA's separate narrowbanding efforts, and is designed
    to allow for compatible use of Federal spectrum by both Federal and
    non-Federal users.

# II. EXECUTIVE SUMMARY {#ii.-executive-summary .unnumbered}

2.  By this action, we propose to amend Parts 2 and 90 of the
    Commission's Rules to revise our transition plan for PLMR licensees
    in the affected spectrum. We believe that such actions will provide
    for an orderly transition from wideband to narrowband operations,
    increase spectrum efficiency, maintain compatibility with Federal
    operations, permit PLMR licensees to operate using existing
    equipment with greater confidence that their critical operations
    will not be suddenly required to cease transmissions, and
    significantly reduce the probability that wideband PLMR operations
    will interfere with new Federal operations. Specifically, we propose
    to:

-   Permit incumbent licensees on the Hydro, Forest Fire-Fighting and
    Conservation, Public Safety, and Medical Radiocommunication Systems
    channels to continue to operate on existing wideband channels until
    2013 (for non-public safety entities) and 2018 (for public safety
    entities), but require licensees in the Hydro, Forest Fire-Fighting
    and Conservation, and Public Safety bands to modify or discontinue
    operations if, at any time after January 1, 2005 (for the 162‑174
    MHz band), and January 1, 2008 (for the 150.05-150.8 MHz and
    406.1‑420 MHz bands), they cause interference to new Federal
    operations;[^4]

-   Require that new Forest Fire-Fighting and Conservation and Public
    Safety stations in the 162-174 MHz band, as well as new Medical
    Radiocommunication systems at 163.25 MHz, operate using narrowband
    equipment no later than January 1, 2005; and that new Medical
    Radiocommunication systems operating at 150.775 MHz and 150.790 MHz
    begin using narrowband equipment no later than January 1, 2008;

-   Cease licensing of Medical Radiocommunication Systems at 150.7825
    MHz and 150.7975 MHz, and grandfather incumbent stations on these
    two channels indefinitely;

-   Include Hydro operations in the 406.1-420 MHz band in our transition
    plan to 12.5 kHz channels and revise our Rules by adding 23 channels
    to our Hydro Channel Plan and by deleting 6 channels from our Hydro
    Channel Plan in order to make it consistent with NTIA's Hydro
    Channel Plan;

-   Establish a timeline for new Hydro channels to begin operating on
    narrowband channels, and establish a transition procedure for
    incumbent operators on the six Hydro channels that we propose to
    remove;

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-   Seek comment regarding narrowbanding the channel used for Stolen
    Vehicle Recovery Systems (SVRS), which our rules authorize for
    wideband operations and which is used by only one operator, the
    LoJack Corporation (LoJack), to provide a mass-market service; and

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-   Revise the list of radio astronomy observatories and the associated
    areas where prior coordination for fixed operations is required and
    modify the power limit for stations in the fixed and mobile services
    in order to better protect the radio astronomy service (RAS) in the
    406.1‑410 MHz band.

The table, below, summarizes services potentially affected by this
proceeding.

+------+---------------+-------------------------------------+--------+
| Foot | Use           | Center Frequencies (MHz)            | Rule   |
| note |               |                                     | S      |
|      |               |                                     | ection |
+------+---------------+-------------------------------------+--------+
| US8  | Forest        | 170.425, 170.475, 170.575, 171.425, | 90.20  |
|      | Fire-Fighting | 171.475, 171.575, 172.225, 172.275, |        |
|      |               | 172.375                             |        |
|      | and           |                                     |        |
|      | Conservation  |                                     |        |
+------+---------------+-------------------------------------+--------+
| US11 | Public Safety | 166.250, 170.150                    | 90.20  |
+------+---------------+-------------------------------------+--------+
| US13 | Hydro         | 169.425, 169.450, 169.475, 169.500, | 90.265 |
|      | Channels      | 169.525 \[169.575\] 170.225,        |        |
|      |               | 170.250, 170.275, 170.300, 170.325  |        |
|      |               | \[170.375\] 171.025, 171.050,       |        |
|      |               | 171.075, 171.100, 171.125, 171.825, |        |
|      |               | 171.850, 171.875, 171.900, 171.925  |        |
|      |               | \[171.975\] 406.125, 406.175        |        |
|      |               | \[409.675, 409.725, 412.625\]       |        |
|      |               | 412.675, 412.725, 412.775 (Six      |        |
|      |               | channels proposed for deletion are  |        |
|      |               | denoted by brackets; 23 new Hydro   |        |
|      |               | channels are also proposed to be    |        |
|      |               | added.)                             |        |
+------+---------------+-------------------------------------+--------+
| U    | Medical       | 150.775, 150.7825, 150.790,         | 90.20  |
| S216 |               | 150.7975, 163.250 (Federal bands);  |        |
|      | Radio         | 152.0075 MHz (non-Federal band)     |        |
|      | communication |                                     |        |
|      | Systems       |                                     |        |
+------+---------------+-------------------------------------+--------+
| U    | Stolen        | 173.075 MHz                         | 90.20  |
| S312 | Vehicle       |                                     |        |
|      | Recovery      |                                     |        |
|      | Systems       |                                     |        |
|      | (SVRS)        |                                     |        |
+------+---------------+-------------------------------------+--------+

#  {#section .unnumbered}

# III. BACKGROUND {#iii.-background .unnumbered}

3.  On January 25, 1993, NTIA informed the Commission that it had
    updated its *Manual of Regulations & Procedures for Federal Radio
    Frequency Management* (*NTIA Manual*) to provide a narrowband
    channel plan and technical standards for Federal operations in the
    162‑174 MHz band.[^5] The new channel plan for Federal fixed and
    land mobile operations has center frequencies that are spaced 12.5
    kHz apart, instead of 25 kHz spacing. NTIA noted that there are a
    number of non-Federal operations authorized in the band by way of
    United States footnotes in the Table of Frequency Allocations
    (Table), and stated that these users must modify their operations to
    fit within the new channel plan in order to provide for efficient
    use of this spectrum and to accommodate the expansion of land mobile
    systems in the band.[^6]

4.  On June 15, 1995, the Commission, in its *Refarming Report and
    Order*, adopted a new channel plan based on narrowband channels in
    those segments of the 150-174 MHz and 421‑512 MHz bands that are
    available for PLMR use.[^7] The Commission did not require licensees
    to modify their stations, but instead adopted dates after which it
    would not certify new equipment unless it met the narrowband
    standards.[^8] Under these provisions, new type accepted equipment
    after August 1, 1996, was required to operate on 12.5 kHz or smaller
    channels.[^9] The Commission's Rules also specify that after January
    1, 2005, only equipment that meets an efficiency standard of one
    voice channel per 6.25 kHz of bandwidth will be certified. In the
    *Refarming MO&O*, the Commission, *inter alia*, clarified that
    because SVRS operating on the frequency 173.075 MHz operate under
    distinct technical rules, the general narrowbanding requirement did
    not apply to that frequency.[^10]

5.  On February 24, 2000, NTIA informed the Commission that it had
    completed its planning for narrowbanding and restructuring of the
    406.1-420 MHz band.[^11] The restructuring involves some changes in
    the frequencies identified in footnote US13, which addresses the
    transmission of hydrological and meteorological data by both Federal
    and non-Federal fixed stations. On March 23, 2000, NTIA requested
    that footnote US117 to the Table, which provides the method for
    protecting RAS reception in the 406.1‑410 MHz band from fixed and
    mobile operations, be amended to revise the areas where prior
    coordination for fixed operations is required and to modify the
    power limit for stations in the fixed and mobile services.[^12] NTIA
    has also adopted a plan to transition certain Federal operations in
    the 138‑150.8 MHz band to narrowband technology by 2008. The upper
    portion of this band includes Medical Radiocommunications Systems
    frequencies that are available to non-Federal users.

6.  In the February 12, 2003, *Narrowbanding Second Report and Order*,
    we amended our Rules to provide a schedule for the migration of PLMR
    systems to 12.5 kHz or narrower technology in the 150‑174 MHz and
    421-512 MHz bands. Beginning January 1, 2005, we will not certify
    equipment that incorporates capability to operate with one voice
    path per 25 kHz of spectrum, *i.e.* equipment that includes a 25 kHz
    mode. Beginning January 1, 2008, we will prohibit the manufacture
    and importation of any 150-174 MHz and 421-512 MHz band equipment
    that can operate on a 25 kHz bandwidth.[^13] We established a
    January 1, 2013, deadline for systems operating in the
    Industrial/Business Pool and a January 1, 2018, deadline for systems
    operating in the Public Safety Pool to migrate to 12.5 kHz
    technology for PLMR systems operating in the 150-174 MHz and 421‑512
    MHz bands.[^14] The *Narrowbanding Second Report and Order* set
    January 13, 2004, as the date by which we would begin rejecting
    license applications for 1) new operations using 25 kHz channels
    and 2) license modifications that would expand the authorized
    contour of an existing station if the bandwidth for transmissions
    specified in the modification application is greater than 12.5
    kHz.[^15] On December 3, 2003, we issued an Order staying the
    January 13, 2004, requirements until after we have considered the
    still-pending petitions for reconsideration of the *Narrowbanding
    Second Report and Order.*[^16] Currently, many Federal and
    non-Federal stations in the 150.05-150.8 MHz, 162-174 MHz, and
    406.1-420 MHz bands are still authorized for 25 kHz channels.[^17]

7.  On October 31, 2003, we removed footnote US10 from Part 2 of the
    Commission's Rules.[^18] We took this action in the *Above 28 MHz
    R&O* because the Commission has no formal relationship with the
    Civil Air Patrol, which is authorized by the U.S. Air Force and
    NTIA, and thus, there is no need for footnote US10, which stated
    that several frequencies in the 138-144 MHz band are available for
    use by the Civil Air Patrol.

# IV. DISCUSSION {#iv.-discussion .unnumbered}

## Federal Use of the Bands

8.  The 150.05-150.8 MHz band is allocated to the fixed and mobile
    services on a primary basis for Federal use, and NTIA has primarily
    limited use of these allocations to the military services.[^19]
    However, the upper two channels of the band were set aside for
    medical communications for both Federal and non-Federal use by a
    1974 Commission decision that adopted an Interdepartment Radio
    Advisory Committee (IRAC) recommendation to establish a new medical
    radio service.[^20] Since January 1, 1997, all new Federal systems
    in the 150.05-150.8 MHz band have been required to conform to the
    narrowband technical standards of 12.5 kHz-wide channels.[^21] After
    January 1, 2008, all Federal systems in the 150.05-150.8 MHz band
    will be required to conform to the narrowband technical standards.

9.  The 162-174 MHz and 406.1-420 MHz bands are allocated to the fixed
    and mobile services on a primary basis for Federal use, and NTIA has
    generally limited use of these allocations to non‑military
    agencies.[^22] NTIA states that the 162-174 MHz band is the primary
    band for many Federal fixed and land mobile operations in support of
    safety in the air and at sea; protection of life, property, and
    natural resources; research; and other functions of the Federal
    Government.[^23] The 406.1-410 MHz band is also allocated to the RAS
    on a primary basis for Federal and non-Federal use.[^24] Further, as
    an exception to its general policy of prohibiting military use of
    the 406.1-410 MHz band, NTIA permits military tactical fixed and
    mobile operations to be conducted nationally on a secondary basis to
    the RAS.[^25]

10. Since January 1, 1995, all new Federal systems in the 162-174 MHz
    band have been required to operate within a 12.5 kHz channel. After
    January 1, 2005, all Federal systems in the band must operate within
    a 12.5 kHz channel. For operations in the 406.1-420 MHz band, NTIA
    has required that, by January 1, 2008, all assignments and equipment
    must operate within to a 12.5 kHz channel.[^26] In order to remain
    on a wideband channel in the 406.1‑420 MHz band after that date,
    NTIA requires that a waiver request be recommended for approval by
    the IRAC's Frequency Assignment Subcommittee (FAS) and approved by
    NTIA.[^27] Even if a waiver is approved, the assignment may be
    revoked within 180 days of a formal notice, under certain
    conditions.[^28] Finally, we note that some Federal operations such
    as wireless microphones, military equipment used for tactical and/or
    training operations, and NOAA weather radio stations are exempt from
    the Federal narrowbanding requirements.

B. Non-Federal Use of the Bands

11. Although these bands are allocated for Federal Government use and
    are administered by NTIA, limited non-Federal use of these bands is
    authorized by virtue of seven United States footnotes: US8, US11,
    US13, US216, US223, US300, and US312.[^29] We describe below the
    services the Commission has authorized to operate in these bands
    pursuant to these footnotes, as well as the relationship of
    non-Federal Government users in the bands to Federal Government
    users. In many cases, non-Federal Government users in these bands
    operate on a non-interference basis in conjunction with, or in
    support of, Federal functions. Moreover, many of the channels
    authorized by these footnotes are subject to the 12.5 kHz channel
    plan that the Commission adopted in the *Narrowbanding Second Report
    and Order*. Under the current schedule, as adopted in the *Second
    Report and Order*, non-Federal licensees operating on these channels
    are required to transition to narrowband equipment by January 1,
    2013, for systems operating in the Industrial/Business Pool and by
    January 1, 2018, for systems operating in the Public Safety
    Pool.[^30] Additionally, we address herein a separate United States
    footnote, US117, which sets forth coordination requirements on
    operations in the 406.1‑410 MHz band in order to protect RAS. We
    describe each of the footnotes and our proposals below.

12. As an initial matter, we note that our current narrowbanding
    schedule, which sets a January 1, 2005, date by which all new
    certified equipment must be designed to operate on channels of 6.25
    kHz or less, applies to PLMR operations and does not make an
    exception for the operations on Federal channels that we discuss
    herein. Because NTIA has not yet addressed if or when it will
    require Federal users on these bands to operate on 6.25 kHz-wide
    channels, we seek comment on whether we should exempt equipment
    designed for use in these Federal bands from our current 6.25 kHz
    certification requirement. Specifically, commenters should address
    whether such a policy would be either beneficial or detrimental to
    enabling sharing between PLMR licensees and Federal users.

### 1. Hydro Channels (US13) {#hydro-channels-us13 .unnumbered}

13. *Background.* The National Oceanic and Atmospheric Administration
    (NOAA) and other Federal agencies use frequencies within the 169-172
    MHz and 406-416 MHz bands for hydrological and meteorological data
    collection.[^31] Footnote US13 states that, for the specific purpose
    of transmitting hydrological and meteorological data in cooperation
    with Federal agencies, 28 channels may be authorized to non-Federal
    fixed stations.[^32] Three additional channels are grandfathered for
    licensees that were in operation as of June 11, 1962.[^33] Because
    non-Federal use of the Hydro channels is on the condition that no
    harmful interference will be caused to Federal stations, a licensee
    operating on these channels may receive interference without
    recourse and must take immediate corrective action to eliminate any
    interference it causes to the Federal station including, if
    necessary, cessation of operation.[^34] Non-Federal users of the
    Hydro channels, consisting of state and local governments and
    Industrial/Business Pool users, supplement NOAA's data collection
    activities. Many municipalities also maintain extensive operations
    in the band. Additionally, some power companies use these
    frequencies in conjunction with their operation of dams. The
    national data collection system is administered by the Hydrological
    Radio Frequency Coordination Group within the Department of
    Commerce, which is commonly known as the Hydro Committee. The Hydro
    Committee is responsible for coordinating all requests for the use
    of these channels and for providing comments on such requests to the
    FCC and the FAS Secretariat of the IRAC.

14. Non-Federal use of the Hydro channels is governed by Section 90.265
    of our Rules.[^35] Before submitting an authorization request to the
    Commission, non-Federal applicants are required to prior-coordinate
    their requests through the Hydro Committee.[^36] A review of our
    licensing database shows that the Hydro fixed stations operating on
    the Hydro channels use mainly wideband channels, but that some of
    the newer systems use narrowband channels.[^37] We note that the
    Hydro Committee has begun encouraging the use of narrowband
    equipment by non-Federal applicants.[^38]

15. On February 24, 2000, NTIA updated the *NTIA Manual* to implement a
    revised channel plan that specifies new and modified narrowband
    channels for hydrologic and meteorological operations in the 162-174
    and 406.1-420 MHz bands.[^39] Specifically, in the 169-172 MHz band
    segment (in which 20 Hydro channels are currently located), 16
    channels were added to the Hydro Channel Plan and the three
    previously grandfathered channels were removed. In the 406-416 MHz
    band segment (in which eight Hydro channels are currently located),
    seven channels were added to the Hydro Channel Plan and three
    channels were removed. NTIA has designated two of the existing
    channels -- 406.125 MHz and 406.175 MHz -- to be paired with two of
    the new channels -- 415.125 MHz and 415.175 MHz -- to allow for
    paired Hydro operations. A review of our databases indicates that
    the Commission has licensed 219 fixed stations on the six channels
    being removed from the Hydro Channel Plan and has issued 1053
    licenses for those Hydro channels that are designated for narrowband
    operations.[^40] NTIA requests that existing wideband Hydro systems
    in the 169-172 MHz and 406‑416 MHz segments adhere to the new Hydro
    Channel Plan and convert to narrowband equipment before January 1,
    2005 and January 1, 2008, respectively.

16. *Proposal.* We propose to revise our Rules to reflect an updated
    Hydro Channel Plan that is consistent with the channel plan shown in
    the *NTIA Manual*. Our proposal would increase the number of Hydro
    channels from 28 single frequency channels (plus three grandfathered
    channels) to 44 single frequency channels and two sets of paired
    channels -- for a total of 48 frequencies. Within the 162-174 MHz
    band, we propose to add 16 channels to the Hydro Channel Plan and to
    remove the three grandfathered channels -- 169.575 MHz, 170.375 MHz,
    and 171.975 MHz.[^41] Within the 406-416 MHz band, we propose to add
    seven channels to the Hydro Channel Plan, pair two of the new
    channels with two existing channels in the band, and remove three
    channels -- 409.675 MHz, 409.725 MHz, and 412.625 MHz.[^42] By doing
    so, we would align non-Federal use of the Hydro channels with
    Federal use under NTIA's narrowbanding plan. Under the provisions of
    footnote US13, non-Federal stations operate in cooperation with
    Federal stations.[^43] Consistency between Federal and non-Federal
    band plans furthers the public interest and safety by maintaining a
    ready flow of hydrologic and metrological data between non-Federal
    and Federal entities.

17. The Commission's previously adopted rules that require Hydro
    operations in the 169‑172 MHz segment to transition to narrowband
    equipment well into the future (currently, January 1, 2013, for
    systems operating in the Industrial/Business Pool and by January 1,
    2018, for systems operating in the Public Safety Pool). Thus, our
    narrowbanding schedule differs from NTIA's plan, which calls for
    Federal operations to use narrowband equipment by 2005. Because
    there could be extended periods during which existing non-Federal
    25 kHz equipment may not be compatible with Federal operations using
    the new 12.5 kHz channels, we propose to establish the following
    procedure for incumbent licensees in the Hydro channels: First,
    existing stations (including those stations that expand existing
    operations) will be permitted to continue to operate with an
    authorized bandwidth in excess of 12.5 kHz until the 2013 and 2018
    transition dates that are currently in effect, so long as no harmful
    interference is caused to a Federal assignment in the band. Second,
    because new Federal assignments may be authorized after January 1,
    2005, it will be necessary for our licensees to work with the Hydro
    Committee to minimize the potential for interference between
    stations. The Hydro Committee coordinates all requests for use of
    hydrologic channels and provides comment on such request to the FCC
    and NTIA (*i.e.,* the FAS Secretariat), and thus is in the best
    position to promote the best cooperative use of these channels.
    Ultimately, because assignments are determined by the NTIA and the
    FCC, a non-Federal license in the 169-172 MHz band segment is
    subject to termination if interference is caused to the Federal
    assignment.[^44]

18. We have not previously adopted narrowbanding requirements for the
    406-416 MHz band. For existing non-Federal operations on the 406.125
    MHz, 406.175 MHz, 412.725 MHz, and 412.775 MHz channels (*i.e.* the
    four Hydro channels currently authorized in footnote US13 that will
    remain in the revised Hydro Channel Plan), we propose to require
    narrowband operations by the same dates as the Hydro channels in the
    169-172 MHz band segment.[^45] Thus, these licensees would be
    permitted to use existing equipment until the Commission's overall
    narrowbanding requirements take effect (again, currently January 1,
    2013, for systems in the Industrial/Business Pool, and by January 1,
    2018, for systems in the Public Safety Pool). Because new Federal
    assignments may be authorized after January 1, 2005, it will be
    necessary for our licensees to work with the Hydro Committee to
    minimize the potential for interference between stations. The Hydro
    Committee coordinates all requests for use of Hydro channels and
    provides comment on such request to the FCC and NTIA (*i.e.,* the
    FAS Secretariat), and thus is in the best position to promote the
    best cooperative use of these channels. Ultimately, because
    assignments are determined by the NTIA and the FCC, a non-Federal
    license in the 406-416 MHz band segment will be subject to
    termination if interference is caused to the Federal
    assignment.[^46]

19. We tentatively conclude that we should implement a modified
    procedure for those Hydro channels that we propose to remove from
    the Hydro Channel Plan. In the 162-174 MHz band, one licensee -- the
    State of California -- has been authorized 15 fixed stations on the
    frequency 169.575 MHz under the 1962 grandfathering rules.[^47]
    There are no non-Federal licensees operating on the other two
    channels in the band. A total of 13 non-Federal licensees are
    authorized to operate on the three 406-416 MHz band channels: (1)
    six licensees are authorized to operate 112 fixed stations at
    409.675 MHz; (2) three licensees are authorized to operate ten fixed
    stations at 409.725 MHz; and (3) four licensees are authorized to
    operate 97 fixed stations at 412.625 MHz.[^48] In each of these
    cases, we propose that licensees modify their equipment and station
    licenses and migrate to a center frequency under the new Hydro
    Channel Plan on a timetable as advised by the Hydro Committee and
    approved by the NTIA and the FCC.[^49] As such, we note that
    Commission licensees should be prepared to cease or relocate
    operations by January 1, 2005, for stations on the frequency 169.575
    MHz and by January 1, 2008, for stations on the frequencies 409.675
    MHz, 409.725 MHz, and 412.625 MHz, in the event that they cause
    harmful interference to Federal facilities. Regardless of how long
    the Hydro Committee allows existing licensees to continue
    operations, we propose that in no case will licensees be permitted
    to operate on these channels after January 1, 2013 (for non-public
    safety systems) and January 1, 2018 (for public safety
    systems).[^50]

20. For all new Hydro stations, we propose that a license issued on or
    after January 1, 2005 (for stations in the 162-174 MHz band) or
    January 1, 2008 (for stations in the 406-416 MHz band), limit
    operations to a channel no wider than 12.5 kHz, except that we could
    authorize wideband operations if the Hydro Committee recommends that
    an application be granted, and NTIA approves the request.[^51]
    Because equipment meeting this channel bandwidth has been available
    for more than eight years, new licensees should be able to meet this
    requirement.

21. To implement these proposals, we anticipate revising Section
    90.265(a) of our Rules to reflect the new Hydro Channel Plan and our
    proposal for transitioning to narrowband channels.[^52] Although
    Hydro channels are used by state and local government entities, they
    are not listed as being available to Public Safety Pool eligibles in
    Part 90 of our Rules.[^53] Therefore, we also propose to amend
    Sections 90.20(c), 90.20(d)(48), and 90.265(a) of our Rules to
    correct this oversight.[^54] We propose to amend the
    Industrial/Business Pool Frequency Table in Part 90 of our Rules by
    revising the entry for the 406-413 MHz band to read "406-416 MHz" to
    encompass the new Hydro frequencies at 415.125 MHz and 415.175
    MHz.[^55] Furthermore, we propose to revise footnote US13 of Section
    2.106 to incorporate the new band plan. These revisions are included
    in the proposed rules listed in Appendix A.

22. Because non-Federal operations on these channels must not cause
    interference to Federal operations, we believe that the proposed
    modifications are necessary in light of the NTIA narrowbanding
    efforts. Due to the nature and use of the Hydro channels, we expect
    that the Hydro Committee will continue to promote effective
    non-Federal use of the band, and will work to foster an effective
    transition for all licensees. We seek comment on these proposals,
    including any difficulties that public safety licensees may have
    with complying with the proposed policy for transitioning existing
    operations to narrowband channels. We also request comment on how
    these proposals would affect Federal operations in the bands.

### 2. Forest Fire-fighting and Conservation Channels (US8) {#forest-fire-fighting-and-conservation-channels-us8 .unnumbered}

23. *Background.* Footnote US8 states that the use of nine channels in
    the 162-174 MHz band may be authorized for stations in the fixed and
    land mobile services that are operated by non-Federal forest
    fire-fighting agencies on the condition that no harmful interference
    will be caused to Federal stations.[^56] In addition, two of these
    channels may also be used by non-Federal conservation agencies for
    mobile relay operation only.[^57] These nine channels are available
    to Public Safety Pool eligibles in Section 90.20 of our Rules and
    are reserved primarily for assignment to state licensees.[^58] A
    review of our licensing database finds that the Commission has
    licensed thousands of mobile stations[^59] and 751 base and fixed
    stations[^60] on these frequencies.[^61] Generally, because these
    frequencies are used by state entities (or their designees) in
    cooperation with Federal forest fire-fighting operations and
    administered under the Department of Agriculture, the potential of
    interference conflict between Federal and non‑Federal operations has
    been minimized by cooperative use between Federal, state, and local
    entities.

24. NTIA has required that all new Federal fixed and land mobile
    operations in the 162-174 MHz band use 12.5 kHz channels since 1995
    and has established January 1, 2005, as the date by which all such
    Federal operations in this band must use narrowband equipment. Our
    rules permit existing licensees on these channels to use wideband
    equipment much longer -- currently, until January 1, 2018.[^62]
    Because additional Federal agencies will soon commence to operate on
    the new channels, there is an increased likelihood of interference
    between these Federal and non-Federal operations.

25. *Proposal.* Because these nine frequencies were provided for
    cooperative forest fire-fighting and conservation operations between
    Federal, state, and local entities, we propose to maintain that
    relationship. Because our rules provide a much longer transition to
    narrowband channels than NTIA's plan, we propose to allow operations
    under existing licenses (and expansions under existing licenses) to
    continue with an authorized bandwidth in excess of 12.5 kHz until
    the Commission's general narrowband transition date (currently 2018)
    or until notified by the Commission that harmful interference is
    anticipated to or from a Federal assignment proposed on or after
    January 1, 2005, whichever comes first.[^63] To minimize the
    potential of harmful interference between stations, the FCC will
    work with NTIA under the auspices of the FAS to provide advanced
    notice to our licensees that a proposed Federal assignment has been
    filed with NTIA. After the Federal entity begins operations,
    however, the non-Federal license will be subject to termination if
    interference is caused to Federal operations.[^64]

26. We propose that, after January 1, 2005, all new non-Federal stations
    meet the narrowband standards, unless a waiver has been recommended
    by the sponsoring Federal agency and approved by NTIA.[^65] Although
    the *Narrowbanding Second Report and Order* had established a
    January 13, 2004, cut-off date for filing wideband applications, it
    is unclear how long the current stay of those rules will remain in
    effect or whether the underlying rules will be changed upon
    reconsideration. Nevertheless, because the forest fire-fighting and
    conservation channels operate on a secondary basis to Federal
    operations, we believe that we must move forward with the
    narrowbanding of these channels in order to improve compatibility
    with Federal operators and minimize the potential for interference.
    Thus, if the general narrowbanding requirement for PLMR licenses in
    the 150-174 MHz band takes effect prior to January 1, 2005, we
    propose to apply that date instead.

27. We observe that these channels are used sporadically and many are
    located in rural areas, and so we believe that there is a realistic
    possibility that some existing licensees will be able to continue to
    operate on their current channels beyond NTIA's January 1, 2005,
    schedule without causing harmful interference. Accordingly, we see
    no need to alter the Commission's previously adopted rules that
    allow incumbent forest firefighting and conservation operations in
    the 162‑174 MHz band to transition to narrowband equipment by
    January 1, 2018. However, because there could be up to a 13-year
    period during which non-Federal forest firefighting/conservation
    operations using 25 kHz equipment may not be compatible with Federal
    operations using the new 12.5 kHz channels, the procedures described
    above will provide licensees with notice of anticipated interference
    to or from new Federal operations and an opportunity to prepare to
    cease operations. We believe these proposals balance the competing
    needs of all users, and seek comment on this plan. We also request
    comment on the compatibility of older 25 kHz channel equipment with
    narrowband equipment currently available.

28. We note that, under current practice, applications for use of these
    channels are accompanied by a letter of concurrence by the
    sponsoring Federal agency (*e.g.* the Department of Agriculture). We
    tentatively conclude that this practice aids the coordination of
    assignments between NTIA and the Commission, and we therefore
    propose to modify our rules to codify this procedure.

29. Finally, we propose to move the existing limitations that are
    contained in Section 90.20 of our Rules into a new subsection of
    Section 90.265, revise limitation 49 under Section 90.20 to provide
    a cross-reference to Section 90.265, and remove what will then be
    redundant statements of limitation for these channels in Section
    90.20. Section 90.265 of our Rules already describes procedures by
    which we license two services permitted on Federal bands pursuant to
    United States footnotes -- Hydro operations and wireless
    microphones. We believe it would be convenient and consistent to
    expand this section to include similarly situated services
    including, *inter alia*, the Forest Fire-Fighting and Conservation
    channels. We seek comment on these proposals, including any
    difficulties that public safety licensees may have with complying
    with the proposed policy for transitioning assignments to 12.5 kHz
    channels. We also request comment on how these proposals would
    affect Federal operations in the band.

### 3. Public Safety Channels (US11) {#public-safety-channels-us11 .unnumbered}

30. *Background.* Footnote US11 authorizes public safety radio services
    use of two channels on 166.25 MHz and 170.15 MHz for locations
    within 150 miles of New York City, on the condition that harmful
    interference is not caused to present or future Federal stations in
    the 162-174 MHz band.[^66] A recent review of our licensing database
    shows that the Commission has authorized 30 fixed stations, 1295
    mobile stations, and 95 pagers on the frequency 166.25 MHz, and 23
    fixed stations, 640 mobile stations, and 160 pagers on the frequency
    170.15 MHz.[^67]

31. Consistent with NTIA's 12.5 kHz Plan for Federal fixed and land
    mobile operations in the 162‑174 MHz band, we have required that
    non-Federal operations on the two public safety channels authorized
    in footnote US11 be narrowed to 12.5 kHz channels. However, the NTIA
    plan calls for Federal licensees to meet a January 1, 2005, deadline
    to operate on narrowband channels, whereas our rules require public
    safety licensees in the band to migrate to 12.5 kHz technology by
    January 1, 2018. The prospect that Federal agencies will soon
    commence to operate on the new channels increases the likelihood of
    interference between Federal and non-Federal operations in the band.

32. *Proposal*. Because the non-interference considerations we have
    discussed *supra* apply to these channels, we propose to allow
    operations under existing licenses (and expansions under existing
    licenses) to continue with an authorized bandwidth in excess of 12.5
    kHz until the Commission's narrowband transition date
    (currently 2018) or until notified by the Commission that harmful
    interference is anticipated to or from a Federal assignment proposed
    on or after January 1, 2005, whichever comes first. To minimize the
    potential of harmful interference between stations, the FCC will
    work with NTIA under the auspices of the Frequency Assignment
    Subcommittee (FAS) of the Interdepartment Radio Advisory Committee
    (IRAC) to provide advanced notice to our licensees that a proposed
    Federal assignment has been filed with NTIA. After the Federal
    entity begins operations, however, the non‑Federal license will be
    subject to termination if interference is caused to the Federal
    assignment.[^68] We also propose that new stations meet the
    narrowband standards no later than January 1, 2005, unless a waiver
    has been granted by NTIA. However, if the general narrowbanding
    requirement for PLMR licenses in the 150-174 MHz band takes effect
    prior to January 1, 2005, we propose to apply that date instead.

33. We propose modifications to our rules to accurately reflect
    non-Federal licensees' role in this shared band. We propose to
    create a new paragraph in Section 90.265 of our Rules to describe
    these public safety channels, and to revise the limitation in
    Section 90.20(d)(47) of our Rules to serve as a cross-reference. We
    propose to state in our Rules that operations are on a secondary
    basis to any Federal station, in order to give effect to the
    restriction embodied in footnote US11 that non-Federal operations on
    166.250 MHz and 170.150 MHz may operate on the condition that no
    harmful interference is caused to Government stations "present or
    future" in the Federal band. We also believe that footnote US11 can
    be modified to remove an outdated reference to wideband operations
    that are no longer permitted and to simplify the description of
    public safety and remote pickup broadcast operations in the band.
    The proposed revision is included in Appendix A. Finally, we ask
    whether new applications for use of these channels should be
    accompanied by a letter of concurrence by a sponsoring Federal
    agency, as we do with the Forest Fire-Fighting and Conservation
    channels, described *supra*. We note that similar coordination
    letters appear to have served non-Federal users well in ensuring
    smooth processing of license applications.

34. We believe that these proposed modifications will properly account
    for NTIA's scheduled narrowbanding of Federal operations in the
    band. We seek comment on these proposals, including any difficulties
    that public safety licensees may have with complying with the
    proposed policy for transitioning footnote US11 assignments to
    12.5 kHz channels. We also request comment on how these proposals
    would affect Federal operations, which are scheduled to use only
    narrowband equipment after January 1, 2005. Further, we seek comment
    on the compatibility of older 25 kHz channel equipment with
    narrowband equipment currently available.

### 4. Medical Radiocommunication Systems (US216) {#medical-radiocommunication-systems-us216 .unnumbered}

35. *Background.* Footnote US216 makes several frequencies available to
    both Federal and non‑Federal Medical Radiocommunication Systems on a
    primary basis.[^69] Such use dates back to a 1974 *Report and
    Order*, in which the Commission established new medical
    radiocommunication frequencies pursuant to a NTIA report.[^70]
    Medical Radiocommunication Systems operate in frequency bands that
    are designated for Federal use, as well as bands designated for
    non-Federal use.[^71] Five medical radiocommunication frequencies
    specified in Part 90 of our Rules, 150.775 MHz, 150.7825 MHz,
    150.790 MHz, 150.7975 MHz, and 163.250 MHz, operate in the Federal
    bands and are the subject of the discussion herein. Three of these
    frequencies, 150.775 MHz, 150.790 MHz, and 163.250 MHz, are listed
    in US216, while the other two, 150.7825 MHz and 150.7975 MHz, are
    not.[^72]

36. Section 90.20 of our Rules states that the 150.775 MHz, 150.7825
    MHz, 150.790 MHz and 150.7975 MHz frequencies are to be used only by
    mobile stations.[^73] A review of our licensing database finds that
    499 licenses have been granted for the frequency 150.775 MHz and 418
    licenses have been granted for the frequency 150.790 MHz.[^74] These
    operations must use narrowband equipment by January 1, 2018.[^75]
    This schedule affords more transition time than does NTIA's plan,
    which has required that all new Federal fixed and land mobile
    operations in the 150.05-150.8 MHz band use 12.5 kHz channels since
    1997, and has established January 1, 2008, as the date by which all
    such Federal operations in this band must use narrowband equipment.
    All of the stations licensed to operate on the frequencies 150.7825
    MHz and 150.7975 MHz already use narrowband equipment.[^76]

37. The 163.25 MHz frequency is available only for one-way paging
    communications to mobile receivers and it may be used for base or
    mobile stations with an authorized a channel bandwidth of
    25 kHz.[^77] NTIA has required that all new Federal fixed and land
    mobile operations in the 162‑174 MHz band, including 163.25 MHz, use
    12.5 kHz channels since 1995 and has established January 1, 2005, as
    the date by which all such Federal operations in this band must use
    narrowband equipment. Our records indicate that 520 licenses have
    been granted for non-Federal operations on the 163.25 MHz frequency
    channel.[^78]

38. *Proposal*. We propose to require that non-Federal operations in the
    Federal bands as listed in footnote US216 (150.775 MHz, 150.790 MHz
    and 163.25 MHz) be narrowed to a 12.5 kHz channel to maintain their
    primary status as described below. The establishment of a
    narrowbanding plan for non-Federal users operating on these
    frequencies will complement NTIA's 12.5 kHz Plan to establish
    narrowband channels for Federal fixed and land mobile operations in
    the 150.05-150.8 MHz and 162‑174 MHz bands. We further propose to
    cease licensing stations on the frequencies of 150.7825 MHz and
    150.7975 MHz. These frequencies, which were never incorporated into
    footnote US216, lie within the Federal military band, and additional
    authorizations would limit the operational deployment of vital
    military systems. We propose to permit existing stations that are
    authorized as of effective date of the Report and Order in this
    proceeding to use the frequencies 150.7825 MHz and 150.7975 MHz
    indefinitely. We seek comment on these proposals.

39. We propose to retain the same narrowbanding timetable we previously
    established in the *Narrowbanding Second R&O* with respect to
    stations operating on the Federal frequencies: 150.775 MHz, 150.790
    MHz, and 163.250 MHz. Under this plan, existing public safety
    operations using these frequencies, including expansions of existing
    systems, must use narrowband equipment no later than January 1,
    2018.[^79] With respect to use of the Federal frequencies in the
    Medical Radiocommunciation Systems bands, we recognize that our plan
    differs from that of NTIA, and that existing non-Federal entities
    will be able to operate on wideband channels both throughout and
    after NTIA's transition period for Federal users in the band. We
    tentatively conclude that such a timetable is warranted because the
    application of our general narrowbanding dates to these channels
    will allow us to provide a migration period that is sufficiently
    long in duration to meet the unique funding and planning needs of
    public safety entities.[^80] We further note that these three
    frequencies are shared by Federal and non-Federal entities on a
    co-primary basis. Thus, use of these three frequencies differs from
    the other frequency bands discussed herein, in which non-Federal
    licensees operate on a secondary basis to Federal users and must be
    prepared to migrate or cease operations once Federal licensees begin
    using narrowband equipment. Because of this distinction, we believe
    that these non-Federal licensees should be treated in a similar
    manner to all other primary land mobile licensees under the
    Commission's jurisdiction. By doing so, we will be able to provide
    valuable migration time to existing non-Federal Medical
    Radiocommunication Systems licensees. In addition, this approach
    will preserve our traditional first-in-time policy by which the
    first licensed entity does not have to modify its operations but
    instead maintains a primary status in relation to subsequently
    licensed entities. Under this policy, an existing wideband
    non-Federal licensee will be entitled to protection from
    interference from new Federal entities and non-Federal licensees
    that subsequently begin operations in the band, and will not need to
    modify existing operations to prevent interference to these new
    entrants. For all of these reasons, we tentatively conclude that
    existing licensees be permitted to use their existing equipment
    until January 1, 2018, and that such operations be protected from
    interference from new or modified Federal and non-Government
    operations in the band until that date.

40. With respect to new stations operating on the frequencies 150.775
    MHz, 150.790 MHz, and 163.250 MHz, we propose to adopt a
    narrowbanding timetable that is aligned with NTIA's narrowbanding
    plan. New stations operating at 163.250 MHz must meet the narrowband
    standards no later than January 1, 2005, and new stations operating
    at 150.775 MHz and 150.790 MHz must meet the narrowband standards no
    later than January 1, 2008. However, if the general narrowbanding
    requirement for PLMR licenses in the 150-174 MHz band takes effect
    prior to January 1, 2008, we propose to apply that date instead for
    new operations at 150.775 MHz, 150.790 MHz, and 163.25 MHz. Because
    equipment meeting this channel bandwidth has been available for more
    than eight years, we anticipate that new licensees should be able to
    meet these requirements.[^81] We further note that, unlike existing
    licensees, new licensees will not have the burden of planning for,
    budgeting, and transitioning from legacy wideband systems. These
    requirements support the longer transition period we are affording
    existing licensees herein.

41. We also take this opportunity to propose several clarifications to
    our Part 90 Rules relating to Medical Radiocommunication Systems. In
    Section 90.20 of our Rules, we propose to add a new limitation on
    the use of the frequencies 150.775 MHz, 150.790 MHz, and 163.250 MHz
    that would implement, on a going-forward basis, the footnote US216
    requirement that the use of these channels be limited to medical
    radio communications systems, as well as to remove existing
    limitation 19 for these channels. In addition, and in order to give
    effect to the medical use limitation, we propose that the
    coordinator for the frequencies 152.0075 MHz and 163.250 MHz (as
    listed in the fourth column of the Public Safety Pool Frequency
    Table) be changed from Special Emergency Coordinator (PS) to
    Emergency Medical Coordinator (PM). We note that the coordinator for
    the frequencies 150.775 MHz and 150.790 MHz is specified as PM in
    the current Rules, and tentatively conclude that we should follow
    the same approach for the frequencies 152.0075 MHz and 163.250
    MHz.[^82] We seek comment on this proposal. We also propose to
    modify footnote US216 to list the available frequencies in lieu of
    the 152‑152.0150 MHz and 163.2375-163.2625 MHz bands.[^83] We note
    that our proposal would result in a single medical paging frequency,
    152.0075 MHz, operating in the primary non-Federal band. We seek
    comment as to how we should treat this frequency, and whether it
    should be limited to narrowband operations in the same manner and
    time frame we require for medical paging operations at 163.25 MHz.
    Finally, we note that the use of frequencies 150.775 MHz and 150.790
    MHz are limited to mobile use only and that no power restrictions
    are currently specified for these channels in Part 90 of our Rules,
    despite NTIA's provisions that these channels are to be used for
    hand-held units restricted to 2.5 watts of power.[^84] We seek
    comment on the practical effect of this discrepancy and what
    actions, if any, we should take to reconcile the difference between
    our Rules and NTIA's provisions for these channels.

42. The modifications we propose herein are designed to balance the
    needs of incumbent non‑Federal users in light of proposed new
    Federal narrowband operations in the band, and we seek comment on
    these proposals. We especially solicit information from the medical,
    the emergency medical, and the special emergency radiocommunication
    services community regarding the use of the two mobile frequencies
    (150.775 MHz and 150.790 MHz), the two "offset" frequencies
    (150.7825 MHz and 150.7975 MHz), and the two paging-only frequencies
    (152.0075 MHz and 163.25 MHz) in order to develop a full record
    regarding both the current use of and any future needs for these
    frequencies -- including any related use by non-medical, public
    safety entities. We also seek information about the need for these
    frequencies in relation to other frequencies available under Part 90
    of the Commission's Rules.

### 5. Other Users (US117, US223, US300, and US312) {#other-users-us117-us223-us300-and-us312 .unnumbered}

43. *Stolen Vehicle Recovery Systems (US312)*. Footnote US312 states
    that the frequency 173.075 MHz may be authorized on a primary basis
    to non-Federal stations in the Police Radio Service for Stolen
    Vehicle Recovery Systems (SVRS) and limits the maximum authorized
    bandwidth for SVRS to 20 kHz.[^85] This frequency is listed in the
    Public Safety Pool Frequency Table and its use is limited to SVRS as
    prescribed in Section 90.20(e)(6) of our Rules.[^86] This Part 90
    rule also states that the SVRS frequency is available on a shared
    basis with Federal operations.[^87] LoJack, currently the only SVRS
    operator on this frequency in the United States, operates its
    network in cooperation with federal, state and local law enforcement
    agencies in 20 states and the District of Columbia.[^88] A review of
    our licensing database finds that public safety licensees are
    authorized to operate 125 fixed stations as part of the SVRS
    network.[^89]

44. NTIA's 12.5 kHz plan for the 162-174 MHz band calls for Federal
    agencies to be licensed on the adjacent frequencies 173.0625 MHz and
    173.0875 MHz. We note that these frequencies are only 12.5 kHz away
    from the SVRS center frequency, and therefore it is possible that
    because new federal entities will be operating much closer in
    frequency to the SVRS channel than Federal entities have in the
    past, wideband SVRS operations could encounter interference
    situations that could prove burdensome to identify and resolve.
    However, we also note that there has been significant investment in
    SVRS by the general public and that SVRS equipment has been deployed
    by numerous law enforcement agencies. Taking these facts into
    account, we seek comment as to whether it would be advisable to
    establish a narrowband transition plan for SVRS users at 173.075
    MHz. Specifically, we ask that commenters provide detailed
    information regarding the availability of narrowband SVRS equipment.
    In addition, we seek information that would allow us to determine
    whether we could craft an effective process that would both preserve
    the utility of the LoJack system and account for new Federal
    entrants in the band. For example, how readily could narrowband SVRS
    technology be made available to operate on the 173.075 MHz
    frequency? What is the expected life cycle of existing SVRS
    equipment? Taking into account the availability of equipment and the
    installed base, what is a reasonable transition plan by which the
    LoJack network could move to narrowband equipment? For example,
    would the January 1, 2018 transition date already adopted for the
    Public Safety Radio Pool be appropriate?

45. Because rules for a separate Police Radio Service were removed when
    the Commission created the Public Safety Radio Pool, we propose to
    update footnote US312, as reflected in Appendix A, to account for
    this fact. We also note that some Federal frequencies will continue
    to operate on wideband channels for the indefinite future.[^90] We
    seek comment on this matter.

46. *Ship and Public Coast (US223) and Wireless Microphones (US300).*
    Footnote US223 makes a channel available for public coast station
    use in limited areas near the Canadian border. Because Ship and
    Public Coast operations do not fall under the same rules as PLMR,
    operations under footnote US223 do not need to be modified to
    support NTIA's narrowbanding timetable, as discussed above, and
    therefore we propose no changes to these frequencies as part of this
    proceeding. Footnote US300 specifies eight frequencies that are
    available for wireless microphone operations on a secondary basis to
    Federal and non-Federal operations. Because wireless microphones
    operate at very low power (50 mW output power), there is a minimal
    likelihood that they will cause interference to high-power land
    mobile operations. Thus, we propose no changes to the frequencies
    allocated for wireless microphones as part of footnote US300.

47. *Radio Astronomy Protection (US117).* Footnote US117 states that, in
    the 406.1-410 MHz band, all new authorizations are limited to a
    transmitter output power of 7 watts per kHz of necessary
    bandwidth[^91] and that new fixed station authorizations near four
    RAS observatories are subject to prior coordination.[^92] NTIA has
    reviewed footnote US117 and recommends that it be revised.[^93]
    Specifically, NTIA proposes that footnote US117 be revised to limit
    transmitter output power of stations in the fixed and mobile
    services operating in the 406.1-410 MHz band to 125 watts and to
    update the RAS site coordination information.

48. With regards to stations in the fixed and mobile services that
    operate in the 406.1-410 MHz band, we note that non-Federal use is
    currently limited to four Hydro channels (406.125 MHz, 406.175 MHz,
    409.675 MHz, and 409.725 MHz). A staff review of our licensing
    records found that most of the non‑Federal fixed stations operating
    on these four Hydro channels have a transmitter output power of 50
    watts or less and that the maximum output power that the Commission
    has authorized is 100 watts.[^94] Moreover, we note that, in the
    proposed Hydro Channel Plan, non-Federal use of the 406.1-410 MHz
    band would be limited to two Hydro channels (406.125 MHz and 406.175
    MHz).

49. We propose to revise footnote US117, as requested by NTIA, in order
    to promote more effective protection of RAS reception in the
    406.1-410 MHz band. Specifically, in the 406.1-410 MHz band, the
    proposed revision of footnote US117 would limit the transmitter
    output power of stations in the fixed and mobile services to 125
    watts; would revise the list of RAS sites to include the National
    Radio Astronomy Observatory at Socorro, New Mexico and to delete two
    RAS sites no longer observing in this band; and would revise the
    coordination areas for the Arecibo and Table Mountain
    Observatories.[^95] Our proposed revised footnote US117 is set forth
    in Appendix A. We request comment on this proposal.

#  {#section-1 .unnumbered}

# V. PROCEDURAL MATTERS {#v.-procedural-matters .unnumbered}

## A. Initial Regulatory Flexibility Analysis {#a.-initial-regulatory-flexibility-analysis .unnumbered}

50. As required by Section 603 of the Regulatory Flexibility Act, 5
    U.S.C. § 603, the Commission has prepared an Initial Regulatory
    Flexibility Analysis (IRFA) of the possible significant economic
    impact on small entities of the proposals suggested in this
    document. The IRFA is set forth in Appendix B. Written public
    comments are requested on the IRFA. These comments must be filed in
    accordance with the same filing deadlines as comments filed in this
    Notice of Proposed Rulemaking (NPRM). Comments must have a separate
    and distinct heading designating them as responses to the IRFA.

## B. *Ex Parte* Rules -- Permit‑But‑Disclose Proceeding {#b.-ex-parte-rules-permitbutdisclose-proceeding .unnumbered}

51. This is a permit‑but‑disclose notice and comment rulemaking
    proceeding. *Ex parte* presentations are permitted, except during
    the Sunshine Agenda period, provided they are disclosed as provided
    in the Commission\'s rules. *See generally* 47 C.F.R. §§ 1.1202,
    1.1203, and 1.2306(a).

## C. Comments {#c.-comments .unnumbered}

52. Pursuant to Sections 1.415 and 1.419 of the Commission\'s rules, 47
    C.F.R. §§ 1.415, 1.419, interested parties may file comments on or
    before **30 days after publication in the Federal Register**, and
    reply comments on or before **45 days after publication in the
    Federal Register**. Comments may be filed using the Commission\'s
    Electronic Comment Filing System (ECFS) or by filing paper copies.
    *See Electronic Filing of Documents in Rulemaking Proceedings*, 63
    Fed. Reg. 24121 (1998).

53. Comments filed through the ECFS can be sent as an electronic file
    via the Internet to http://www.fcc.gov/e‑file/ecfs.html. Generally,
    only one copy of an electronic submission must be filed. If multiple
    docket or rulemaking numbers appear in the caption of this
    proceeding, however, commenters must transmit one electronic copy of
    the comments to each docket or rulemaking number referenced in the
    caption. In completing the transmittal screen, commenters should
    include their full name, U.S. Postal Service mailing address, and
    the applicable docket or rulemaking number. Parties may also submit
    an electronic comment by Internet e‑mail. To get filing instructions
    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. Parties who choose to file by
    paper must file an original and four copies of each filing. If more
    than one docket or rulemaking number appears in the caption of this
    proceeding, commenters must submit two additional copies for each
    additional docket or rulemaking number.

54. Filings can be sent by hand or messenger delivery, by commercial
    overnight courier, or by first‑class or overnight U.S. Postal
    Service mail (although we continue to experience delays in receiving
    U.S. Postal Service mail). The Commission\'s contractor, Natex,
    Inc., will receive hand‑delivered or messenger‑delivered paper
    filings for the Commission\'s Secretary at 236 Massachusetts Avenue,
    N.E., Suite 110, Washington, D.C. 20002. The filing hours at this
    location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held
    together with rubber bands or fasteners. Any envelopes must be
    disposed of before entering the building. Commercial overnight mail
    (other than U.S. Postal Service Express Mail and Priority Mail) must
    be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S.
    Postal Service first‑class mail, Express Mail, and Priority Mail
    should be addressed to 445 12th Street, SW, Washington, D.C. 20554.
    All filings must be addressed to the Commission\'s Secretary, Office
    of the Secretary, Federal Communications Commission.

## D. Contact Person {#d.-contact-person .unnumbered}

55. For further information concerning this Notice of Proposed
    Rulemaking, contact Tom Mooring in the Office of Engineering and
    Technology at (202) 418-2450, or via e-mail at Tom.Mooring@fcc.gov.

# VI. ORDERING CLAUSES {#vi.-ordering-clauses .unnumbered}

56. Accordingly, IT IS ORDERED that pursuant to Sections 1, 4(i), 7(a),
    301, 302(a), 303(f), 303(g), 303(r), 307, 308, 309(j), 316, 332,
    334, and 336 of the Communications Act of 1934, as amended, 47
    U.S.C. Sections 151, 154(i), 157(a), 301, 302(a), 303(f), 303(g),
    303(r), 307, 308, 309(j), 316, 332, 334, and 336, the NOTICE OF
    PROPOSED RULEMAKING is hereby ADOPTED.

57. IT IS FURTHER ORDERED that the Commission's Consumer Information and
    Governmental Affairs Bureau, Reference Information Center, SHALL
    SEND a copy of this NOTICE OF PROPOSED RULEMAKING, including the
    Initial Regulatory Flexibility Analysis, to the Chief Counsel for
    Advocacy of the Small Business Administration.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**Appendix A: Proposed Rules**

For the reasons discussed in the preamble, the Federal Communications
Commission proposes to amend 47 C.F.R. parts 2 and 90 as follows:

**PART 2 \-- FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS;**

**GENERAL RULES AND REGULATIONS**

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

**Authority**: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.

2\. Section 2.106 is amended by revising footnotes US11, US13, US117,
US216, and US312 to read as follows:

**[§ 2.106 Table of Frequency Allocations]{.underline}.**

\* \* \* \* \*

UNITED STATES (US) FOOTNOTES

\* \* \* \* \*

US11 On the condition that harmful interference is not caused to present
or future Federal Government stations in the band 162-174 MHz, the
frequencies 166.25 MHz and 170.15 MHz may be authorized to non-Federal
Government stations, as follows: (1) eligibles in the Public Safety
Radio Pool may be authorized to operate in the fixed and land mobile
services for locations within 150 miles (241.4 km) of New York City; and
(2) remote pickup broadcast stations may be authorized to operate in the
land mobile service for locations within the continental United States,
excluding Alaska, locations within 150 miles of New York City, and the
Tennessee Valley Authority Area (TVA Area). The TVA Area is bounded on
the west by the Mississippi River, on the north by the parallel of
latitude 37° 30\' N., and on the east and south by that arc of the
circle with center at Springfield, Illinois, and radius equal to the
airline distance between Springfield, Illinois, and Montgomery, Alabama,
subtended between the foregoing west and north boundaries.

US13 The following center frequencies, each with a channel bandwidth not
greater than 12.5 kHz, are available for assignment to non-Federal
Government fixed stations for the specific purpose of transmitting
hydrological and meteorological data in cooperation with Federal
agencies, subject to the condition that harmful interference will not be
caused to Federal Government stations:

  -----------------------------------------------------------------------
  Hydro Channels                                         
  (MHz)                                                  
  ---------------- ---------------- -------------------- ----------------
  169.425          170.2625         171.100              406.1250

  169.4375         170.275          171.1125             406.1750

  169.450          170.2875         171.125              412.6625

  169.4625         170.300          171.825              412.6750

  169.475          170.3125         171.8375             412.6875

  169.4875         170.325          171.850              412.7125

  169.500          171.025          171.8625             412.7250

  169.5125         171.0375         171.875              412.7375

  169.525          171.050          171.8875             412.7625

  170.225          171.0625         171.900              412.7750

  170.2375         171.075          171.9125             415.1250

  170.250          171.0875         171.925              415.1750
  -----------------------------------------------------------------------

New assignments on the frequencies 406.125 MHz and 406.175 MHz are to be
primarily for paired operations with the frequencies 415.125 MHz and
415.175 MHz, respectively.

\* \* \* \* \*

US117 In the band 406.1-410 MHz: (a) stations in the fixed and mobile
services shall be limited to a transmitter output power of 125 watts;
(b) non-Federal Government use shall be limited to the radio astronomy
service and to the fixed service, as provided by footnote US13; and (c)
new authorizations for stations, other than mobile stations, shall be
subject to prior coordination by the applicant in the following areas:

\(1\) [Arecibo Observatory of the National Astronomy and Ionosphere
Center.]{.underline} Within Puerto Rico and the U.S. Virgin Islands,
contact:

Spectrum Manager Phone: 787-878-2612

Arecibo Observatory Fax: 787-878-1816

P.O. Box 995

Arecibo, Puerto Rico 00613

\(2\) [Very Large Array (VLA) of the National Radio Astronomy
Observatory (NRAO).]{.underline} Within a 350 kilometer radius that is
centered on 34^o^ 04\' 44\" North Latitude, 107^o^ 37\' 04\'\' West
Longitude, contact:

Spectrum Manager Phone: 505-835-7000

National Radio Astronomy Observatory Fax: 505-835-7027

P.O. Box O

1003 Lopezville Road

Socorro, New Mexico 87801

\(3\) [Table Mountain Observatory of the Department of Commerce (407-409
MHz only).]{.underline} Within a 10 kilometer radius that is centered on
40^o^ 07\' 50\'\' North Latitude, 105^o^ 14\' 40\" West Longitude,
contact:

Radio Frequency Coordinator Phone: 303-497-6548

Department of Commerce Fax: 303-497-3384

325 Broadway

Boulder, Colorado 80303

\* \* \* \* \*

US216 The use of the frequencies 150.775 MHz, 150.79 MHz, 152.0075 MHz,
and 163.25 MHz, and the bands 462.9375-463.1875 MHz and
467.9375-468.1875 MHz may be authorized for both Federal and non-Federal
Government Medical Radiocommunication Systems on a primary basis.

\* \* \* \* \*

US312 The frequency 173.075 MHz may be authorized on a primary basis to
non-Federal Government stations in the Public Safety Radio Pool, limited
to police licensees, for stolen vehicle recovery systems (SVRS). SVRS
may operate with an authorized bandwidth not to exceed 20 kHz.

\* \* \* \* \*

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

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

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

4.  Section 90.20 is amended by revising paragraphs (c)(3) and (d)(47),
    (d)(48), and (d)(49), removing and reserving paragraphs (d)(50), and
    (d)(51), and by adding paragraphs (d)(86) and (d)(87) to read as
    follows:

**[§ 90.20 Public Safety Pool.]{.underline}**

\* \* \* \* \*

\(c\) \* \* \*

\(3\) [Frequencies.]{.underline}

PUBLIC SAFETY POOL FREQUENCY TABLE

+-----------------+-----------------+-----------------+-----------------+
| Frequency or    | Class of        | Limitations     | Coordinator     |
| band            | station(s)      |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| \*              | \*              | \*              | \*              |
+-----------------+-----------------+-----------------+-----------------+
| Megahertz       |                 |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| \*              | \*              | \*              | \*              |
+-----------------+-----------------+-----------------+-----------------+
| 150.775......   | Mobile.......   | 86...\......... | PM              |
| ............... | .\............. | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 150.7825.....   | ....do.......   | 87...\......... | PM              |
| ............... | ............... | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 150.790......   | ....do......    | 86...\......... | PM              |
| ............... | ............... | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 150.7975.....   | ....do......    | 87...\......... | PM              |
| ............... | ............... | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| \*              | \*              | \*              | \*              |
|                 |                 |                 |                 |
| 152.0075        | Base.......     | 13, 30,         | PM              |
|                 | ............... | 86.             |                 |
|                 |                 | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| \*              | \*              | \*              | \*              |
+-----------------+-----------------+-----------------+-----------------+
| 163.250......   | ....do......    | 13,             | PM              |
| ............... | ............... | 86...\.....     |                 |
|                 |                 | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 166.250......   | ....do......    | 47...\......... | PF              |
| ............... | ............... | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 169-172.......  | Mobile or       | 48............. |                 |
| ...........\... | operational     | ...........\... |                 |
|                 | fixed           |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| 170.150......   | Base or         | 47...\......... | PF              |
| ............... | m               | ............... |                 |
|                 | obile.......... |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| 170.425......   | ....do......    | 9,              | PO              |
| ............... | ............... | 49.........     |                 |
|                 |                 | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 170.475......   | ....do......    | 9,              | PO              |
| ............... | ............... | 49.........     |                 |
|                 |                 | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 170.575......   | ....do......    | 9,              | PO              |
| ............... | ............... | 49.........     |                 |
|                 |                 | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 171.425......   | ....do......    | 9,              | PO              |
| ............... | ............... | 49.........     |                 |
|                 |                 | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 171.475......   | ....do......    | 9,              | PO              |
| ............... | ............... | 49.........     |                 |
|                 |                 | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 171.575......   | ....do......    | 9,              | PO              |
| ............... | ............... | 49.........     |                 |
|                 |                 | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 172.225......   | ....do......    | 9,              | PO              |
| ............... | ............... | 49.........     |                 |
|                 |                 | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 172.275......   | ....do......    | 9,              | PO              |
| ............... | ............... | 49.........     |                 |
|                 |                 | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 172.375......   | ....do......    | 9,              | PO              |
| ............... | ............... | 49.........     |                 |
|                 |                 | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| \*              | \*              | \*              | \*              |
+-----------------+-----------------+-----------------+-----------------+
| 406-416.......  | Operational     | 48              |                 |
| ...........\... | fixed           |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| \*              | \*              | \*              | \*              |
+-----------------+-----------------+-----------------+-----------------+

\(d\) \* \* \*

\* \* \* \* \*

(47)  This frequency may be assigned to stations in the Public Safety
Pool in accordance with the provisions of § 90.265 of this chapter.

(48)  Frequencies in this band will be assigned only for transmitting
hydrological or meteorological data or for low power wireless
microphones in accordance with the provisions of § 90.265 of this
chapter.

(49)  This frequency may be assigned only for forest fire-fighting and
conservation activities in accordance with the provisions of § 90.265 of
this chapter.

(50)  \[Reserved\]

(51)  \[Reserved\]

\* \* \* \* \*

(86)  This frequency will be assigned only for Medical
Radiocommunication Systems in accordance with the provisions of § 90.265
of this chapter.

(87)  Use of this frequency shall be limited to stations licensed as of
**\[effective date of the Report and Order in this proceeding\]**.

5\. Section 90.35 is amended by revising paragraph (b)(3) to remove the
entry for "406-413" and to replace it with "406‑416" to read as follows:

**[§ 90.35 Industrial/Business Pool.]{.underline}**

\* \* \* \* \*

(b)  \* \* \*

(3)  [Frequencies.]{.underline}

INDUSTRIAL/BUSINESS POOL FREQEUNCY TABLE

+-----------------+-----------------+-----------------+-----------------+
| Frequency or    | Class of        | Limitations     | Coordinator     |
| band            | station(s)      |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| \*              | \*              | \*              | \*              |
+-----------------+-----------------+-----------------+-----------------+
| Megahertz       |                 |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| \*              | \*              | \*              | \*              |
|                 |                 |                 |                 |
| 406-416....     | Operational     | 53              |                 |
| ............... | fixed           |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| \*              | \*              | \*              | \*              |
+-----------------+-----------------+-----------------+-----------------+

\* \* \* \* \*

6\. Section 90.203 is amended by revising paragraphs (j), (j)(3),
(j)(5), and (j)(7) to read as follows:

**[§ 90.203  Certification required.]{.underline}**

\* \* \* \* \*

(j)  Except where otherwise specially provided for, transmitters
operating on frequencies in the 150‑174 MHz and 406-512 MHz bands must
comply with the following:

\* \* \* \* \*

(3)  Applications for part 90 certification of transmitters designed to
operate on frequencies in the 150-174 MHz and/or 406-512 MHz bands \* \*
\*

\* \* \* \* \*

(5)  Applications for part 90 certification of transmitters designed to
operate on frequencies in the 150-174 MHz and/or 406-512 MHz bands \* \*
\*

\* \* \* \* \*

(7)  All transmitters that are designed for one-way paging operations,
except those operating on the frequency 163.25 MHz, will be certified
with a 25 kHz channel bandwidth and are exempt from the spectrum
efficiency requirements of paragraphs (j)(3) and (j)(5) of this section.

\* \* \* \* \*

7\. Section 90.209 is amended by revising paragraph (b)(5) to remove the
entry for "421-512" and to replace it with "406-512" to read as follows:

**[§ 90.209 Bandwidth limitations.]{.underline}**

\* \* \* \* \*

(b)  \* \* \*

(5)  \* \* \*

STANDARD CHANNEL SPACING BANDWIDTH

  ------------------------------- ----------------------- -----------------------
  Frequency band (MHz)            Channel Spacing (kHz)   Authorized bandwidth
                                                          (kHz)

  \*                              \*                      \*

  406-512                         ¹ 6.25                  ¹ ³ 20/11.25/6
  ²........................\...                           

  \*                              \*                      \*
  ------------------------------- ----------------------- -----------------------

8\. Section 90.217 is amended by adding paragraph (e) to read as
follows:

**[§ 90.217  Exemption from technical standards.]{.underline}**

\* \* \* \* \*

(e)  Transmitters used for wireless microphone operations and operating
on frequencies allocated for Federal Government use must comply with the
requirements of § 90.265(b).

9\. Section 90.265 is amended by revising the section heading and
paragraph (a) and by adding paragraphs (a)(5)-(a)(9), (c), (d), and (e)
to read as follows:

**[§ 90.265 Assignment and use of frequencies in the bands allocated to
Federal Government use]{.underline}.**

(a)  The following center frequencies are available for assignment to
fixed stations in the Public Safety Pool or the Industrial/Business
Pool, subject to the provisions of this section:

  -----------------------------------------------------------------------
  Hydro Channels                                         
  (MHz)                                                  
  ----------------- ------------------ ----------------- ----------------
  169.4250          170.2625           171.1000          406.1250

  169.4375          170.2750           171.1125          406.1750

  169.4500          170.2875           171.1250          412.6625

  169.4625          170.3000           171.8250          412.6750

  169.4750          170.3125           171.8375          412.6875

  169.4875          170.3250           171.8500          412.7125

  169.5000          171.0250           171.8625          412.7250

  169.5125          171.0375           171.8750          412.7375

  169.5250          171.0500           171.8875          412.7625

  170.2250          171.0625           171.9000          412.7750

  170.2375          171.0750           171.9125          415.1250

  170.2500          171.0875           171.9250          415.1750
  -----------------------------------------------------------------------

\(1\) \* \* \*

\* \* \* \* \*

\(5\) After January 1, 2005 for the 169-172 MHz band and January 1, 2008
for the 406-416 MHz band, channels for new operations are limited to an
authorized bandwidth not to exceed 11.25 kHz. After those dates,
existing systems with an authorized bandwidth of greater than 11.25 kHz
(including those systems that expand existing operations) may continue
to operate with a bandwidth greater than 11.25 kHz until January 1, 2013
(for Business/Industrial Pool licensees), and until January 1, 2018 (for
Public Safety Pool licensees). Such operations are limited by
§ 90.265(a)(6) and (a)(7), below.

\(6\) After January 1, 2005, if a licensee of a channel in the band
169‑172 MHz which uses equipment with an authorized bandwidth greater
than 11.25 kHz cannot resolve an interference complaint to the
satisfaction of an impacted Federal agency or is advised to do so by the
Hydro Committee as approved by the FCC, then the licensee must cease
operation on the frequency upon notification by the Commission.

\(7\) After January 1, 2008, if a licensee of a channel in the band
169‑172 MHz which uses equipment with an authorized bandwidth greater
than 11.25 kHz cannot resolve an interference complaint to the
satisfaction of an impacted Federal agency or is advised to do so by the
Hydro Committee as approved by the FCC, then the licensee must cease
operation on the frequency upon notification by the Commission.

\(8\) After \[**effective date of the Report and Order in this
proceeding**\], new assignments on the frequencies 406.125 MHz and
406.175 MHz are to be primarily for paired operations with the
frequencies 415.125 MHz and 415.175 MHz, respectively and limited to an
authorized bandwidth not to exceed 11.25 kHz when paired.

\(9\) Existing stations may continue to use the center frequencies
169.575 MHz, 409.675 MHz, 409.725 MHz, and 412.625 MHz until January 1,
2013 for Business/Industrial Pool licensees and until January 1, 2018
for Public Safety Pool licensees, subject to the requirements of
§ 90.265(a)(6) and (a)(7), above.

\(b\) \* \* \*

\(c\) The following center frequencies are available for assignment to
licensees engaged in forest fire-fighting and conservation activities,
subject to the provisions of this section:

+----------------------+----------------------+-----------------------+
| Forest Fire-Fighting |                      |                       |
| and Conservation     |                      |                       |
| Channels (MHz)       |                      |                       |
+======================+======================+=======================+
| 170.425              | 171.425              | 172.225               |
|                      |                      |                       |
| 170.475              | 171.475              | 172.275               |
|                      |                      |                       |
| 170.575              | 171.575              | 172.375               |
+----------------------+----------------------+-----------------------+

\(1\) These frequencies will be assigned on a secondary basis to any
U.S. Government station.

\(2\) The frequencies 170.425 MHz, 170.475 MHz, 170.575 MHz, 171.425
MHz, 171.575 MHz, 172.225 MHz, and 172.275 MHz will be assigned only to
licensees directly responsible for the prevention, detection, and
suppression of forest fires.

\(3\) The frequencies 171.475 MHz and 172.275 MHz will be assigned to
licensees directly responsible for the prevention, detection, and
suppression of forest fires; or to licensees engaged in forest
conservation activities for mobile relay operation only.

\(4\) The frequencies 170.425 MHz, 170.575 MHz, 171.475 MHz, 172.225
MHz, and 172.375 MHz will be assigned for use only in areas west of the
Mississippi River.

\(5\) The frequencies 170.475 MHz, 171.425 MHz, 171.575 MHz, and 172.275
MHz will be assigned for use only in areas east of the Mississippi
River.

\(6\) All applications for use of these frequencies must be accompanied
by a letter of concurrence by the Federal Government, Department of
Agriculture.

\(7\) After January 1, 2005, channels for new operations are limited to
an authorized bandwidth not to exceed 11.25 kHz. Between January 1,
2005, and January 1, 2018, existing systems with an authorized bandwidth
of greater than 11.25 kHz (including those systems that expand existing
operations) may continue to operate with a bandwidth greater than 11.25
kHz, subject to the limitations set forth in § 90.265(c)(8), below.

\(8\) After January 1, 2005, if a licensee that uses equipment with an
authorized bandwidth greater than 11.25 kHz cannot resolve an
interference complaint from an impacted Federal agency, then the
licensee must cease operation on the frequency upon notification by the
Commission.

\(d\) The frequencies 166.250 MHz and 170.150 MHz are available for
assignment to licensees engaged in public safety activities, subject to
the provisions of this section:

\(1\) These frequencies are available for assignment to stations in the
Public Safety Pool, only at points within 241.4 km. (150 mi.) of New
York, N.Y.;

\(2\) Operations on these channels is on a secondary basis to any
Federal Government station; and

\(3\) After January 1, 2005, if a licensee that uses equipment with an
authorized bandwidth greater than 11.25 kHz cannot resolve an
interference complaint from an impacted Federal agency, then the
licensee must cease operation on the frequency upon notification by the
Commission..

\(4\) After January 1, 2005, channels for new operations are limited to
an authorized bandwidth not to exceed 11.25 kHz. Between January 1,
2005, and January 1, 2018, existing systems with an authorized bandwidth
of greater than 11.25 kHz (including those systems that expand existing
operations) may continue to operate with a bandwidth greater than 11.25
kHz, subject to the limitations set forth in § 90.265(d)(3), above.

\(e\) The following frequencies are available for use by Medical
Radiocommunication Systems:

\(1\) The frequencies 150.775 MHz, 150.790 MHz, and 163.250 MHz, subject
to following provisions:

\(i\) After \[**effective date of the Report and Order in this
proceeding**\], new assignments for these frequencies shall be
authorized only for Medical Radiocommunication Systems.

\(ii\) After January 1, 2005, new operations on the frequency 163.25 MHz
are limited to an authorized bandwidth not to exceed 11.25 kHz.

\(iii\) After January 1, 2008, new operations on the frequencies 150.775
MHz and 150.790 MHz are limited to an authorized bandwidth not to exceed
11.25 kHz.

\(iv\) Existing systems with an authorized bandwidth of greater than
11.25 kHz (including those systems that expand existing operations) may
continue to operate on a primary basis with a bandwidth greater than
11.25 kHz until January 1, 2018. After January 1, 2018, stations that
use the frequencies 150.775 MHz, 150.790 MHz, or 163.25 MHz shall be
limited to an authorized bandwidth not to exceed 11.25 kHz.

\(2\) The frequency 152.0075 MHz and frequencies within the bands
462.9375-463.1875 MHz and 467.9375 MHz-468.1875 MHz, subject to the
limitations specified in Section 90.20 of this chapter.

**Appendix B: Initial Regulatory Flexibility Analysis**

As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),[^96] the Commission has prepared this present Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities by the policies and rules
proposed in this Notice of Proposed Rulemaking (NPRM). Written public
comments are requested on this IRFA and must be filed by the deadlines
for comments on the NPRM provided above in paragraph 58. The Commission
will send a copy of the NPRM, including this IRFA, to the Chief Counsel
for Advocacy of the Small Business Administration.[^97] In addition, the
NPRM (or summaries thereof), including the IRFA, will be published in
the Federal Register.[^98]

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

In the 150.05-150.8 MHz, 162-174 MHz, and 406.1-420 MHz bands, the
National Telecommunications and Information Administration (NTIA) is
transitioning Federal Government (Federal) operations in the fixed and
land mobile services from wideband (25 kHz) to narrowband (12.5 kHz)
channels at a more rapid schedule than the Commission has adopted for
Private Land Mobile Radio (PLMR) operations in these bands. Because
there could be extended periods during which existing PLMR wideband
operations may not be compatible with narrowband Federal operations, the
Commission is proposing to revise its current narrowbanding plan for
these bands to take into account that many PLMR operations in the above
Federal bands are authorized on the condition that they not cause
interference to Federal operations.

The Commission's objectives in making the PLMR proposals contained in
this NPRM are to provide for a more orderly transition from wideband to
narrowband operations, increase spectrum efficiency, maintain
compatibility with Federal operations, permit licensees to operate using
existing equipment for the maximum amount of time possible, and
significantly reduce the probability that wideband operations will
interfere with new Federal operations.

**B. Legal Basis**

This action is authorized under Sections 1, 4(i), 302, 303(f) and (r),
332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. §§
1, 4(i), 154(i), 302, 303(f) and (r), 332, 337.

**C. Description and Estimate of the number of Small Entities to Which
the Proposed Rule Will Apply**

The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted.[^99] The RFA generally
defines the term "small entity" as having the same meaning as the terms
"small business," "small organization," and "small governmental
jurisdiction." In addition, the term "small business" has the same
meaning as the term "small business concern" under Section 3 of the
Small Business Act, unless the Commission has developed one or more
definitions that are appropriate for its activities.[^100] Under the
Small Business Act, a "small business concern" is one that: (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).[^101]

A small organization is generally "any not‑for‑profit enterprise which
is independently owned and operated and is not dominant in its
field."[^102] Nationwide, as of 1992, there were approximately 275,801
small organizations.[^103] The definition of "small governmental entity"
is one with populations of fewer than 50,000.[^104] There are
approximately 85,006 governmental entities in the nation.[^105] This
number includes such entities as states, counties, cities, utility
districts and school districts. There are no figures available on what
portion of this number have populations of fewer than 50,000. However,
this number includes 38,978 counties, cities and towns, and of those,
37,556, or ninety‑six percent, have populations of fewer than
50,000.[^106] The Census Bureau estimates that this ratio is
approximately accurate for all governmental entities. Thus, of the
85,006 governmental entities, we estimate that ninety‑six percent, or
about 81,600, are small entities that may be affected by our rules.

PLMR systems serve an essential role in a range of industrial, business,
land transportation, and public safety activities. These radios are used
by companies of all sizes operating in all U.S. business categories, and
are often used in support of the licensee's primary
(non-telecommunications) business operations. For the purpose of
determining whether a licensee of a PLMR system is a small business as
defined by the SBA, we could use the definition for "Cellular and Other
Wireless Telecommunications." This definition provides that a small
entity is any such entity employing no more than 1,500 persons.[^107]
The Commission does not require PLMR licensees to disclose information
about number of employees, so the Commission does not have information
that could be used to determine how many PLMR licensees constitute small
entities under this definition. Moreover, because PMLR licensees
generally are not in the business of providing cellular or other
wireless telecommunications services but instead use the licensed
facilities in support of other business activities, we are not certain
that the Cellular and Other Wireless Telecommunications category is
appropriate for determining how many PLMR licensees are small entities
for this analysis. Rather, it may be more appropriate to assess PLMR
licensees under the standards applied to the particular industry
subsector to which the licensee belongs.[^108]

The proposals in this NPRM would affect the following PLMR licensees:
(1) Industrial/Business Pool and state and local government licensees
that are authorized to make hydrological and meteorological (Hydro)
measurements under footnote US13; (2) forest firefighting agencies,
which are primarily state government licensees, and forest conservation
agencies that are authorized under footnote US8; (3) Public Safety Pool
licensees that are authorized under footnote US11; and (4) hospital,
medical centers, nursing homes, *etc.* that operate Medical
Radiocommunication Systems, which are authorized under footnote US216.
These United States footnotes are fully discussed in the NPRM.

[Hydro Channel Users]{.underline}. The Commission has authorized 9
licensees to operate 219 fixed stations on the six channels that would
be removed from the Hydro Channel Plan: (1) one licensee (the State of
California) is authorized to operate 15 fixed stations on the frequency
169.575 MHz; (2) six licensees are authorized to operate 112 fixed
stations at 409.675 MHz; (3) three licensees are authorized to operate
ten fixed stations at 409.725 MHz; (4) four licensees are authorized to
operate 97 fixed stations at 412.625 MHz; and (5) there are no licensees
authorized to operate on the frequencies 170.375 MHz and 171.975 MHz.
The Commission has issued 1053 licenses (there is at least one station
per license) for the remaining Hydro channels that are being
narrowbanded. We believe that some of the Hydro channel licensees are
small businesses or small governmental entities.

[Forest Firefighting and Conservation Agencies]{.underline}. The
Commission has authorized 21 licensees to operate 414 fixed stations and
45,630 mobile stations on the nine channels that are available to forest
firefighting agencies; two of these frequencies are also available for
use by conservation agencies. By Commission Rule, these frequencies are
reserved primarily for assignment to state licensees. Assignments to
other licensees may be made only where the frequencies are required for
coordinated operation with the state system to which the frequency is
assigned. The 21 licensees consist of 19 states and state agencies, the
County of Los Angeles, and a non‑profit organization. This small
organization may be impacted by our proposals.

[Public Safety Licensees]{.underline}. The Commission has granted 27
licensees authorization to operate wideband equipment on the frequencies
166.25 MHz and 170.15 MHz. By Commission Rule, these frequencies are to
be assigned to stations in the Public Safety Pool that are at points
within 240 kilometers of New York City. Specifically, the Commission has
granted 15 licensees authorization to operate 1295 mobile stations, 95
pagers, and 30 fixed stations using the frequency 166.25 MHz. The
Commission has granted 12 licensees authorization to operate 899 mobile
stations, 165 pagers, and 22 fixed stations on the frequency 170.15 MHz.
We believe that many of these public safety licensees are small
governmental entities.

[Medical Radiocommunication Systems]{.underline}. The Commission has
issued 499 licenses for the frequency 150.775 MHz and 418 licenses for
the frequency 150.79 MHz. By Commission Rule, these 150 MHz channels are
used only by mobile stations. For example, these frequencies may be used
for voice transmissions from a portable (hand-held) unit to an
ambulance. The Commission has issued 520 licenses for the frequency
163.25 MHz. By Commission Rule, the frequency 163.25 MHz can be assigned
only for one-way paging. We believe that most of the hospitals, medical
centers, and nursing homes that operate medical radiocommunication
systems are small businesses or small governmental entities.

We seek comment on this analysis. In providing such comment, commenters
are requested to provide information regarding how many total and small
business entities would be affected.

**D. Description of projected reporting, recordkeeping, and other
compliance requirements**

If adopted, the proposed rules would require that:

-   PLMR licensees employing wideband channels for Hydro, forest
    fire-fighting, conservation, and public safety operations modify or
    discontinue operations if, after January 1, 2005, these wideband
    operations cause interference to new Federal operations in the
    162-174 MHz band, or if, after January 1, 2008, these wideband
    operations cause interference to new Federal operations in the
    150.05-150.8 MHz and 406.1-420 MHz bands;

-   Hydro channel licensees operating on the center frequencies 169.575
    MHz, 409.675 MHz, 409.725 MHz, and 412.625 MHz cease operations not
    later than January 1, 2013 for Industrial/Business Pool licensees
    and not later than January 1, 2018 for Public Safety Pool licensees;

-   PLMR applicants requesting authority to operate Hydro, forest
    fire-fighting, conservation, public safety, and medical
    radiocommunication stations in the 162-174 MHz band use narrowband
    channels after January 1, 2005; and that these applicants use
    narrowband channels after January 1, 2008 in the 150.05-150.8 MHz
    and 406‑416 MHz bands; and

-   New Hydro stations that would operate on the center frequencies
    406.125 MHz and 406.175 MHz be limited to a transmitter output power
    of 125 watts and required to coordinate with the Radio Astronomy
    Observatory at Socorro, New Mexico.

If a licensee is required to modify its operations, we believe that the
licensee would either buy new narrowband equipment or that the licensee
would hire a vendor to modify some or all of its wideband equipment. We
are uncertain of the exact costs relating to the narrowbanding
requirements. We request comment on the costs related to narrowbanding
and whether these costs would be borne as part of the licensee's normal
depreciation and replacement cycle. We are especially interested in
comments dealing with whether small entities would be affected
disproportionately.

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

The RFA requires an agency to describe any significant alternatives that
it has considered in reaching its proposed approach, which may include
the following four alternatives (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.[^109]

So long as incompatibilities are not created with Federal narrowband
operations, we propose to allow incumbent Public Safety Pool licensees
to use existing equipment until January 1, 2018, and to allow incumbent
Industrial/Business Pool licensees to use existing equipment until
January 1, 2013. We propose that the 14 licensees of the six Hydro
channels being deleted from the Hydro Channel Plan modify their
equipment and station licenses and migrate to a center frequency listed
in the new Hydro Channel Plan on a timetable as advised by the Hydro
Committee and approved by NTIA and the Commission. We propose to
grandfather indefinitely those incumbent stations that operate on the
frequencies 150.7825 MHz and 150.7975 MHz.

We request comment on whether we should exempt equipment designed for
use in these Federal bands from our current 6.25 kHz equipment
certification requirement, which is scheduled to commence on January 1,
2005. Our purpose in providing this alternative is to determine whether
such a policy would be beneficial or detrimental to enabling sharing
between PLMR licensees and Federal users.

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

None.

**Appendix C: Current Authorizations**

+---------+---+----------+-----------+-----------+---+--------+----------+
| Table   |   |          |           |           |   |        |          |
| 1:      |   |          |           |           |   |        |          |
| Aut     |   |          |           |           |   |        |          |
| horized |   |          |           |           |   |        |          |
| Use of  |   |          |           |           |   |        |          |
| the 28  |   |          |           |           |   |        |          |
| Hydro   |   |          |           |           |   |        |          |
| (US13)  |   |          |           |           |   |        |          |
| C       |   |          |           |           |   |        |          |
| hannels |   |          |           |           |   |        |          |
|         |   |          |           |           |   |        |          |
| (of     |   |          |           |           |   |        |          |
| June    |   |          |           |           |   |        |          |
| 24,     |   |          |           |           |   |        |          |
| 2004)   |   |          |           |           |   |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 9       |   |          |           |           |   |        |          |
| li      |   |          |           |           |   |        |          |
| censees |   |          |           |           |   |        |          |
| operate |   |          |           |           |   |        |          |
| 219     |   |          |           |           |   |        |          |
| fixed   |   |          |           |           |   |        |          |
| s       |   |          |           |           |   |        |          |
| tations |   |          |           |           |   |        |          |
| on      |   |          |           |           |   |        |          |
| c       |   |          |           |           |   |        |          |
| hannels |   |          |           |           |   |        |          |
| that    |   |          |           |           |   |        |          |
| are     |   |          |           |           |   |        |          |
| being   |   |          |           |           |   |        |          |
| deleted |   |          |           |           |   |        |          |
| from    |   |          |           |           |   |        |          |
| the     |   |          |           |           |   |        |          |
| Hydro   |   |          |           |           |   |        |          |
| Channel |   |          |           |           |   |        |          |
| Plan:   |   |          |           |           |   |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| Fr      | L |          |           |           |   | Number |          |
| equency | i |          |           |           |   | and    |          |
|         | c |          |           |           |   | class  |          |
|         | e |          |           |           |   | of     |          |
|         | n |          |           |           |   | st     |          |
|         | s |          |           |           |   | ations |          |
|         | e |          |           |           |   |        |          |
|         | e |          |           |           |   |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 169.575 | C |          |           |           |   | 13     |          |
| MHz     | a |          |           |           |   | FXO, 1 |          |
|         | l |          |           |           |   | FXOT,  |          |
|         | i |          |           |           |   | 1 FX2  |          |
|         | f |          |           |           |   |        |          |
|         | o |          |           |           |   |        |          |
|         | r |          |           |           |   |        |          |
|         | n |          |           |           |   |        |          |
|         | i |          |           |           |   |        |          |
|         | a |          |           |           |   |        |          |
|         | , |          |           |           |   |        |          |
|         | S |          |           |           |   |        |          |
|         | t |          |           |           |   |        |          |
|         | a |          |           |           |   |        |          |
|         | t |          |           |           |   |        |          |
|         | e |          |           |           |   |        |          |
|         | o |          |           |           |   |        |          |
|         | f |          |           |           |   |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 170.375 | N |          |           |           |   | N/A    |          |
| MHz     | o |          |           |           |   |        |          |
|         | n |          |           |           |   |        |          |
|         | e |          |           |           |   |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 171.975 | N |          |           |           |   | N/A    |          |
| MHz     | o |          |           |           |   |        |          |
|         | n |          |           |           |   |        |          |
|         | e |          |           |           |   |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 409.675 | A |          |           |           |   | 1 FX1, |          |
| MHz     | n |          |           |           |   | 1FX2   |          |
|         | n |          |           |           |   |        |          |
|         | e |          |           |           |   | 1 FXO  |          |
|         | A |          |           |           |   |        |          |
|         | r |          |           |           |   | 65 FX, |          |
|         | u |          |           |           |   | 10     |          |
|         | n |          |           |           |   | FX1T   |          |
|         | d |          |           |           |   |        |          |
|         | e |          |           |           |   | 1 FXO, |          |
|         | l |          |           |           |   | 2 FX2  |          |
|         | , |          |           |           |   |        |          |
|         | C |          |           |           |   | 2 FXO  |          |
|         | o |          |           |           |   |        |          |
|         | u |          |           |           |   | 29 FXO |          |
|         | n |          |           |           |   |        |          |
|         | t |          |           |           |   | 65 FX, |          |
|         | y |          |           |           |   | 1 FX1, |          |
|         | o |          |           |           |   | 10     |          |
|         | f |          |           |           |   | FX1T,  |          |
|         | ( |          |           |           |   | 3 FX2, |          |
|         | M |          |           |           |   | 33 FXO |          |
|         | D |          |           |           |   |        |          |
|         | ) |          |           |           |   |        |          |
|         | . |          |           |           |   |        |          |
|         | . |          |           |           |   |        |          |
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+---------+---+----------+-----------+-----------+---+--------+----------+
| 409.725 | D |          |           |           |   | 2 FXO  |          |
| MHz     | u |          |           |           |   |        |          |
|         | k |          |           |           |   | 1 FX2  |          |
|         | e |          |           |           |   |        |          |
|         | E |          |           |           |   | 5 FX1, |          |
|         | n |          |           |           |   | 1      |          |
|         | e |          |           |           |   | FX1T,  |          |
|         | r |          |           |           |   | 1 FX2  |          |
|         | g |          |           |           |   |        |          |
|         | y |          |           |           |   | 5 FX1, |          |
|         | C |          |           |           |   | 1      |          |
|         | o |          |           |           |   | FX1T,  |          |
|         | r |          |           |           |   | 2 FX2, |          |
|         | p |          |           |           |   | 2 FXO  |          |
|         | o |          |           |           |   |        |          |
|         | r |          |           |           |   |        |          |
|         | a |          |           |           |   |        |          |
|         | t |          |           |           |   |        |          |
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+---------+---+----------+-----------+-----------+---+--------+----------+
| 412.625 | A |          |           |           |   | 7 FXO  |          |
| MHz     | n |          |           |           |   |        |          |
|         | c |          |           |           |   | 1 FX1, |          |
|         | h |          |           |           |   | 1 FX2  |          |
|         | o |          |           |           |   |        |          |
|         | r |          |           |           |   | 75 FX, |          |
|         | a |          |           |           |   | 10     |          |
|         | g |          |           |           |   | FX1T   |          |
|         | e |          |           |           |   |        |          |
|         | , |          |           |           |   | 3 FXO  |          |
|         | M |          |           |           |   |        |          |
|         | u |          |           |           |   | 75 FX, |          |
|         | n |          |           |           |   | 1FX1,  |          |
|         | i |          |           |           |   | 10     |          |
|         | c |          |           |           |   | FX1T,  |          |
|         | i |          |           |           |   | 1 FX2, |          |
|         | p |          |           |           |   | 10 FXO |          |
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+---------+---+----------+-----------+-----------+---+--------+----------+
| There   |   |          |           |           |   |        |          |
| are     |   |          |           |           |   |        |          |
| 1053    |   |          |           |           |   |        |          |
| call    |   |          |           |           |   |        |          |
| signs   |   |          |           |           |   |        |          |
| (there  |   |          |           |           |   |        |          |
| is at   |   |          |           |           |   |        |          |
| least   |   |          |           |           |   |        |          |
| one     |   |          |           |           |   |        |          |
| station |   |          |           |           |   |        |          |
| per     |   |          |           |           |   |        |          |
| call    |   |          |           |           |   |        |          |
| sign)   |   |          |           |           |   |        |          |
| for     |   |          |           |           |   |        |          |
| those   |   |          |           |           |   |        |          |
| Hydro   |   |          |           |           |   |        |          |
| c       |   |          |           |           |   |        |          |
| hannels |   |          |           |           |   |        |          |
| that    |   |          |           |           |   |        |          |
| are     |   |          |           |           |   |        |          |
| being   |   |          |           |           |   |        |          |
| narrow  |   |          |           |           |   |        |          |
| banded: |   |          |           |           |   |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| Fr      |   | Call     | Frequency | Call Sign | F |        | Call     |
| equency |   | Sign     |           |           | r |        | Sign     |
|         |   |          |           |           | e |        |          |
|         |   |          |           |           | q |        |          |
|         |   |          |           |           | u |        |          |
|         |   |          |           |           | e |        |          |
|         |   |          |           |           | n |        |          |
|         |   |          |           |           | c |        |          |
|         |   |          |           |           | y |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 169.425 |   | 171      | 171.025   | 24        | 4 |        | 38       |
|         |   |          |           |           | 0 |        |          |
|         |   |          |           |           | 6 |        |          |
|         |   |          |           |           | . |        |          |
|         |   |          |           |           | 1 |        |          |
|         |   |          |           |           | 2 |        |          |
|         |   |          |           |           | 5 |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 169.450 |   | 3        | 171.050   | 20        | 4 |        | 14       |
|         |   |          |           |           | 0 |        |          |
|         |   |          |           |           | 6 |        |          |
|         |   |          |           |           | . |        |          |
|         |   |          |           |           | 1 |        |          |
|         |   |          |           |           | 7 |        |          |
|         |   |          |           |           | 5 |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 169.475 |   | 117      | 171.075   | 5         | 4 |        | 11       |
|         |   |          |           |           | 1 |        |          |
|         |   |          |           |           | 2 |        |          |
|         |   |          |           |           | . |        |          |
|         |   |          |           |           | 6 |        |          |
|         |   |          |           |           | 7 |        |          |
|         |   |          |           |           | 5 |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 169.500 |   | 126      | 171.100   | 48        | 4 |        | 18       |
|         |   |          |           |           | 1 |        |          |
|         |   |          |           |           | 2 |        |          |
|         |   |          |           |           | . |        |          |
|         |   |          |           |           | 7 |        |          |
|         |   |          |           |           | 2 |        |          |
|         |   |          |           |           | 5 |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 169.525 |   | 56       | 171.125   | 33        | 4 |        | 11       |
|         |   |          |           |           | 1 |        |          |
|         |   |          |           |           | 2 |        |          |
|         |   |          |           |           | . |        |          |
|         |   |          |           |           | 7 |        |          |
|         |   |          |           |           | 7 |        |          |
|         |   |          |           |           | 5 |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 170.225 |   | 58       | 171.825   | 43        |   |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 170.250 |   | 19       | 171.850   | 15        |   |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 170.275 |   | 49       | 171.875   | 41        |   |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 170.300 |   | 65       | 171.900   | 11        |   |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+
| 170.325 |   | 21       | 171.925   | 36        |   |        |          |
+---------+---+----------+-----------+-----------+---+--------+----------+

+-------+------------+-------+-----------------------------------------+
| Table |            |       |                                         |
| 2:    |            |       |                                         |
| Autho |            |       |                                         |
| rized |            |       |                                         |
| Use   |            |       |                                         |
| of    |            |       |                                         |
| the   |            |       |                                         |
| Nine  |            |       |                                         |
| F     |            |       |                                         |
| orest |            |       |                                         |
| Firef |            |       |                                         |
| ighti |            |       |                                         |
| ng/Co |            |       |                                         |
| nserv |            |       |                                         |
| ation |            |       |                                         |
| (US8) |            |       |                                         |
| F     |            |       |                                         |
| reque |            |       |                                         |
| ncies |            |       |                                         |
|       |            |       |                                         |
| (21   |            |       |                                         |
| lice  |            |       |                                         |
| nsees |            |       |                                         |
| as of |            |       |                                         |
| June  |            |       |                                         |
| 24,   |            |       |                                         |
| 2004) |            |       |                                         |
+-------+------------+-------+-----------------------------------------+
| Freq  | Number of: |       | Number of Units for each class of       |
| uency |            |       | station                                 |
|       |            |       |                                         |
| (MHz) |            |       |                                         |
+-------+------------+-------+-----------------------------------------+
|       | Licensees  | Call  |                                         |
|       |            | Signs |                                         |
+-------+------------+-------+-----------------------------------------+
| Four  |            |       |                                         |
| F     |            |       |                                         |
| reque |            |       |                                         |
| ncies |            |       |                                         |
| are   |            |       |                                         |
| Avai  |            |       |                                         |
| lable |            |       |                                         |
| East  |            |       |                                         |
| of    |            |       |                                         |
| the   |            |       |                                         |
| Mi    |            |       |                                         |
| ssiss |            |       |                                         |
| ippi: |            |       |                                         |
+-------+------------+-------+-----------------------------------------+
| 17    | 7 (MI, MN, | 32    | 12,080 Mobile (MO) and 600              |
| 0.475 | TN, VA,    |       | Mobile/Vehicular Repeater (MO3),        |
|       | VT, WA,    |       |                                         |
|       | WI)        |       | 4 Fixed Base (FB), 1 Mobile Relay       |
|       |            |       | (FB2), 7 Mobile Relay-Temporary (FB2T), |
|       |            |       | 80 Base-Temporary (FBT), 18 Control     |
|       |            |       | (FX1), and 2 Control-Temporary (FX1T)   |
+-------+------------+-------+-----------------------------------------+
| 17    | 3 (GA, MI, | 41    | 1585 MO, 27 FB, 9 FB2, 2 FB2T, 75 FBT,  |
| 1.425 | VA)        |       | and 5 FX1                               |
+-------+------------+-------+-----------------------------------------+
| 17    | 4 (AR,     | 9     | 3425 MO and 5 FB                        |
| 1.575 | County of  |       |                                         |
|       | LA, MI,    |       |                                         |
|       | WA)        |       |                                         |
+-------+------------+-------+-----------------------------------------+
| 17    | 11 (AR,    | 31    | 3165 MO, 1070 MO3, 21 FB, 4 FB2, 2      |
| 2.275 | CT, GA,    |       | FB2T, and 75 FBT                        |
|       | IL, MD,    |       |                                         |
|       | MI, NY,    |       |                                         |
|       | TN, VA,    |       |                                         |
|       | WI, WV)    |       |                                         |
+-------+------------+-------+-----------------------------------------+
| East  | 15         | 113   | 21,925 mobile stations (20, 255 MO and  |
| T     |            |       | 1670 MO3) and 337 fixed stations (57    |
| otal: |            |       | FB, 14 FB2, 11 FB2T, 230 FBT, 23 FX1    |
|       |            |       | and 2 FX1T)                             |
+-------+------------+-------+-----------------------------------------+
| Five  |            |       |                                         |
| F     |            |       |                                         |
| reque |            |       |                                         |
| ncies |            |       |                                         |
| are   |            |       |                                         |
| Avai  |            |       |                                         |
| lable |            |       |                                         |
| West  |            |       |                                         |
| of    |            |       |                                         |
| the   |            |       |                                         |
| Mi    |            |       |                                         |
| ssiss |            |       |                                         |
| ippi: |            |       |                                         |
+-------+------------+-------+-----------------------------------------+
| 17    | 3 (MN, MO, | 6     | 2030 MO, 1 FB2, 1 FX1, and 10 FX1T      |
| 0.425 | OR)        |       |                                         |
+-------+------------+-------+-----------------------------------------+
| 17    | 4 (MO, OR, | 4     | 5010 MO, 100 MO3, 4 FB2T, and 4 FBT     |
| 0.575 | WA, WY)    |       |                                         |
+-------+------------+-------+-----------------------------------------+
| 17    | 2 (MT, WA) | 5     | 6060 MO, 4 FB, and 10 FBT               |
| 1.475 |            |       |                                         |
+-------+------------+-------+-----------------------------------------+
| 17    | 5 (AK, MO, | 5     | 5350 MO                                 |
| 2.225 | OR, PR     |       |                                         |
|       | (Maranatha |       |                                         |
|       | Civil      |       |                                         |
|       | Emergency  |       |                                         |
|       | LIF),\*    |       |                                         |
|       | WA)        |       |                                         |
+-------+------------+-------+-----------------------------------------+
| 17    | 5 (AR,     | 12    | 5155 MO, 10 FB, 3 FB2, 15 FB2T, and 15  |
| 2.375 | County of  |       | FBT                                     |
|       | Los        |       |                                         |
|       | Angeles,   |       |                                         |
|       | MN, MO,    |       |                                         |
|       | WA)        |       |                                         |
+-------+------------+-------+-----------------------------------------+
| West  | 10         | 32    | 23,705 mobile stations (23,605 MO and   |
| T     |            |       | 100 MO3) and 77 fixed stations (14 FB,  |
| otal: |            |       | 4 FB2, 19 FB2T, 29 FBT, 1 FX1, and 10   |
|       |            |       | FX1T)                                   |
+-------+------------+-------+-----------------------------------------+
| Grand | 21 (19 of  | 145   | 45,630 mobile stations and 414 fixed    |
| Total | which are  |       | stations                                |
|       | state and  |       |                                         |
|       | state      |       |                                         |
|       | agencies)  |       |                                         |
+-------+------------+-------+-----------------------------------------+
| Note: |            |       |                                         |
| Mara  |            |       |                                         |
| natha |            |       |                                         |
| Civil |            |       |                                         |
| Emer  |            |       |                                         |
| gency |            |       |                                         |
| LIF   |            |       |                                         |
| is a  |            |       |                                         |
| non-p |            |       |                                         |
| rofit |            |       |                                         |
| or    |            |       |                                         |
| ganiz |            |       |                                         |
| ation |            |       |                                         |
| and   |            |       |                                         |
| it is |            |       |                                         |
| an    |            |       |                                         |
| Indu  |            |       |                                         |
| stria |            |       |                                         |
| l/Bus |            |       |                                         |
| iness |            |       |                                         |
| Pool  |            |       |                                         |
| lice  |            |       |                                         |
| nsee. |            |       |                                         |
+-------+------------+-------+-----------------------------------------+

+---------------------------+----------------------------+------------+
| Table 3: Authorized       |                            |            |
| Public Safety (US11) Use  |                            |            |
| of the Frequency 166.25   |                            |            |
| MHz                       |                            |            |
|                           |                            |            |
| (15 Licensees as of June  |                            |            |
| 24, 2004)                 |                            |            |
+---------------------------+----------------------------+------------+
| Licensee                  | Station class and number   | Call Sign  |
|                           | of units                   |            |
+---------------------------+----------------------------+------------+
| Connecticut:              |                            |            |
+---------------------------+----------------------------+------------+
| Westport, Town of         | 20 Mobile (MO), 20 paging  | WNMM476    |
|                           | receivers (pagers), and 2  |            |
|                           | Fixed Base (FB)            |            |
+---------------------------+----------------------------+------------+
| Massachusetts:            |                            |            |
+---------------------------+----------------------------+------------+
| Dukes, County of          | 25 MO and 1 FB             | WPZH553    |
+---------------------------+----------------------------+------------+
| New Jersey:               |                            |            |
+---------------------------+----------------------------+------------+
| Bayonne, City of          | 45 MO and 1 Mobile Relay   | KEJ693     |
|                           | (FB2)                      |            |
+---------------------------+----------------------------+------------+
| Cumberland, County of     | 40 MO                      | KNAA943    |
+---------------------------+----------------------------+------------+
| Franklin Township Fire    | 100 MO, 75 pagers, 1 FB,   | KSZ507     |
| District 3                | and 1 FB2                  |            |
+---------------------------+----------------------------+------------+
| Hillsdale, Borough of     | 15 MO, 1 FB, and 1 FB2     | KDR772     |
+---------------------------+----------------------------+------------+
| North Wildwood Volunteer  | 65 MO                      | WPDM642    |
| Fire Company              |                            |            |
+---------------------------+----------------------------+------------+
| Parsippany Troy Hills     | 25 MO                      | WPLR978    |
| Fire District 1           |                            |            |
+---------------------------+----------------------------+------------+
| Pascack Valley Firemen's  | 160 MO, 1 FB, and 16       | WPAA293    |
| Association               | Base-Temporary (FBT)       |            |
+---------------------------+----------------------------+------------+
| Sea Girt, Borough of      | 35 MO, 1 FB, and 1 FB2     | WPJL356    |
+---------------------------+----------------------------+------------+
| New York:                 |                            |            |
+---------------------------+----------------------------+------------+
| Kingston, City of         | 50 MO                      | KEF383     |
+---------------------------+----------------------------+------------+
| Newburgh, City of         | 35 MO                      | WNSG278    |
+---------------------------+----------------------------+------------+
| North Merrick Fire        | 30 MO, and 1 FB2           | WPGM278    |
| District                  |                            |            |
+---------------------------+----------------------------+------------+
| Pennsylvania:             |                            |            |
+---------------------------+----------------------------+------------+
| Philadelphia, City of     | 600 MO and 1 Control (FX1) | KF9481,    |
|                           |                            | WDB361     |
+---------------------------+----------------------------+------------+
| Whitehall, Township of    | 50 MO and 1 FX1            | KFB881     |
+---------------------------+----------------------------+------------+
| Total:                    | 1295 MO, 95 pagers, 7 FB,  |            |
|                           | 5 FB2, 16 FBT and 2 FX1    |            |
+---------------------------+----------------------------+------------+
| Note: Call sign WNNU947   |                            |            |
| authorizes the County of  |                            |            |
| Hartford, CN to operate   |                            |            |
| 60 MO and 1 FB. However,  |                            |            |
| because this is           |                            |            |
| narrowband equipment, it  |                            |            |
| is not included in the    |                            |            |
| total.                    |                            |            |
+---------------------------+----------------------------+------------+

+-----------------------------+---------------------------+------------+
| Table 4: Authorized Public  |                           |            |
| Safety (US11) Use of the    |                           |            |
| Frequency 170.15 MHz        |                           |            |
|                             |                           |            |
| (12 Licensees as of June    |                           |            |
| 23, 2004)                   |                           |            |
+-----------------------------+---------------------------+------------+
| Licensee                    | Station class and number  | Call Sign  |
|                             | of units                  |            |
+-----------------------------+---------------------------+------------+
| Connecticut:                |                           |            |
+-----------------------------+---------------------------+------------+
| Norwich Fire Department     | 50 MO, 35 pagers, and 5   | WPXH563    |
|                             | FB                        |            |
+-----------------------------+---------------------------+------------+
| Windsor Locks, Town of      | 100 MO, 1 FB and 2 FB2    | WNVH510    |
+-----------------------------+---------------------------+------------+
| New Hampshire:              |                           |            |
+-----------------------------+---------------------------+------------+
| Goffstown, Town of          | 320 MO and 1 FB8          | WPKN959    |
+-----------------------------+---------------------------+------------+
| New Jersey:                 |                           |            |
+-----------------------------+---------------------------+------------+
| Guttenberg, Township of     | 24 MO and 1 FB            | WPQA826    |
+-----------------------------+---------------------------+------------+
| Hoboken, City of            | 60 MO and 6 FB            | WPEN949    |
+-----------------------------+---------------------------+------------+
| Union City, City of         | 40 MO, 5 pagers, and 1 FB | KAQ911     |
+-----------------------------+---------------------------+------------+
| N. Hudson Regional          | 200 MO and 2 FB           | KNBY464    |
| Communications Auth.        |                           |            |
+-----------------------------+---------------------------+------------+
| Saddle River, Borough of    | 20 MO                     | KEH513     |
+-----------------------------+---------------------------+------------+
| Secaucus, Town of           | 45 MO, 125 pagers, and 2  | WPPF378    |
|                             | FB                        |            |
+-----------------------------+---------------------------+------------+
| New York:                   |                           |            |
+-----------------------------+---------------------------+------------+
| Brewster Southeast Joint    | 10 MO                     | KJD401     |
| Fire District               |                           |            |
+-----------------------------+---------------------------+------------+
| North Merrick Fire District | 1 FB2                     | WPGM278    |
+-----------------------------+---------------------------+------------+
| Pennsylvania:               |                           |            |
+-----------------------------+---------------------------+------------+
| Wescosville Fire Company    | 30 MO                     | WNXJ532    |
+-----------------------------+---------------------------+------------+
| Total:                      | 899 MO, 165 pagers, 18    |            |
|                             | FB, 3 FB2, 1 FB8          |            |
+-----------------------------+---------------------------+------------+
| Note: Call sign WQAJ628     |                           |            |
| authorizes the Harriman     |                           |            |
| Engine Company #1 to        |                           |            |
| operate 100 MO and 5 FX1 in |                           |            |
| Harriman, NY. However,      |                           |            |
| because this is narrowband  |                           |            |
| equipment, it is not        |                           |            |
| included in the total.      |                           |            |
+-----------------------------+---------------------------+------------+

[^1]: These operations consist of fixed stations in the 162‑174 MHz and
    406.1-420 MHz bands, the emissions of which are used for the
    automatic transmission of either hydrological or meteorological
    data, or both. 47 C.F.R. § 90.265(a).

[^2]: The Commission, which is an independent agency, administers
    spectrum allocated for non-Federal use and the NTIA, which is an
    operating unit of the Department of Commerce, administers spectrum
    allocated for Federal use. 47 C.F.R. § 2.105(a). Section 305(a) of
    the Communications Act as amended, 47 U.S.C. § 305(a), authorizes
    the President to assign frequencies to Federal stations. This
    authority has been delegated to the Assistant Secretary of Commerce
    for Communications and Information, who also serves as the
    Administrator of NTIA. Pub. Law 102-538, 106 Stat. 3533 (1992). NTIA
    also approves the spectrum needs of new systems for use by Federal
    departments and agencies and maintains the Federal Government Table
    of Frequency Allocations (Federal Government Table) in its *Manual
    of Regulations & Procedures for Federal Radio Frequency Management*.

[^3]: Replacement of Part 90 by Part 88 to Revise the Private Land
    Mobile Radio Service and Modify the Policies Governing Them, *Report
    and Order and Further Notice of Proposed Rulemaking*, PR Docket No.
    92-235, 10 FCC Rcd 10076 (1995) (*Refarming Report and Order*);
    *Memorandum Opinion and Order*, 11 FCC Rcd 17676 (1997) (*Refarming
    MO&O*); Implementation of Sections 309(j) and 337 of the
    Communications Act of 1934 as Amended, *Report and Order and Further
    Notice of Proposed Rulemaking*, WT Docket No. 99-87, 15 FCC Rcd
    22709 (1999); *Second Report and Order and Second Further Notice of
    Proposed Rule Making*, WT Docket No. 99-87, 18 FCC Rcd 3034 (2003)
    (*Narrowbanding Second Report and Order*); *Order*, 18 FCC Rcd 25491
    (2003)*.*

[^4]: To minimize the potential of harmful interference between
    stations, the FCC will work with NTIA under the auspices of the
    Frequency Assignment Subcommittee (FAS) of the Interdepartment Radio
    Advisory Committee (IRAC) to provide advanced notice to our
    licensees that a proposed Federal assignment has been filed with
    NTIA.

[^5]: Memorandum from Bill Gamble, Associate Administrator, Office of
    Spectrum Management, NTIA to Bill Torak, IRAC Liaison, Office of
    Engineering and Technology (OET), FCC, dated January 25, 1993. *See
    NTIA Manual*, May 2003 Edition.

[^6]: 47 C.F.R. § 2.106. The Table consists of the International Table
    (columns 1-3), the United States Table (columns 4 and 5), and FCC
    rule part cross references (column 6). The International Table is
    described at 47 C.F.R. § 2.104. The United States Table consists of
    the Federal Government Table (column 4) and the non-Federal
    Government Table (column 5) and is described at 47 C.F.R. § 2.105.

[^7]: In the *Refarming Report and Order*, the Commission adopted a
    narrowband channel plan based on existing channel center
    frequencies. The Commission listed channels every 7.5 kHz in the
    150-174 MHz band (instead of 15 kHz) and every 6.25 kHz in the
    421-512 MHz bands (instead of 25 kHz), but allowed a flexible
    approach whereby users can choose equipment which best fits their
    needs by aggregating up to the equivalent of four narrowband
    channels. This approach provides users with the option of utilizing
    equipment designed to operate with 5 kHz, 6.25 kHz, 12.5 kHz, or 25
    kHz channel bandwidths. Channels designated for paging-only use were
    not narrowbanded as part of this process. For the one-way paging
    exemption, see the *Refarming Report and Order*, 10 FCC Rcd at
    10108, para. 57, n. 116. *See also* 47 C.F.R. § 90.203(j)(7).

[^8]: *Refarming Report and Order*, 10 FCC Rcd at 10099, para. 38.

[^9]: *Id.* Under the provisions that are currently in effect, equipment
    must meet a spectrum efficiency standard of one voice channel per
    12.5 kHz of channel bandwidth. Additionally, for data transmissions,
    the equipment must be capable of supporting a minimum data rate of
    9600 bits per second per 12.5 kHz of channel bandwidth. 47 C.F.R.
    § 90.203(j)(3). Operations using equipment designed to operate with
    a 12.5 kHz channel will be authorized a 11.25 kHz bandwidth. *See*
    47 C.F.R. § 90.209(b)(5), note 3 to the table.

[^10]: *See Refarming MO&O*, 11 FCC Rcd at 17717. Transmitters used for
    SVRS on 173.075 MHz must comply with the requirements of §
    90.20(e)(6), wherein the maximum authorized bandwidth is specified
    as 20 kHz. 47 C.F.R. §§ 90.203(j)(9), 90.20(e)(6).

[^11]: *See* Letter from Associate Administrator, Office of Spectrum
    Management, NTIA to Chief, OET, FCC, dated February 24, 2000. See
    also 47 C.F.R. § 2.106, footnote US13.

[^12]: *See* Letter from Associate Administrator, Office of Spectrum
    Management, NTIA to Chief, OET, FCC, dated March 23, 2000. See also
    47 C.F.R. § 2.106, footnote US117.

[^13]: *Narrowbanding Second Report and Order*, 18 FCC Rcd at 3038,
    para. 12.

[^14]: The Commission has received eighteen petitions for
    reconsideration of the decisions of the *Narrowbanding Second Report
    and Order*.

[^15]: 47 C.F.R. § 90.209(b)(6). This section was added by the
    *Narrowbanding Second Report and Order.*

[^16]: Implementation of Sections 309(j) and 337 of the Communications
    Act of 1934 as Amended, *Order*, 18 FCC Rcd 25491 (2003).

[^17]: Within these 25 kHz channels, non-Federal stations have been
    assigned an authorized bandwidth of up to 20 kHz, except for
    wireless microphones, which have an authorized bandwidth of 54 kHz.
    Within the 12.5 kHz channels, non-Federal stations may be assigned
    an authorized bandwidth of up to 11.25 kHz. *See* 47 C.F.R.
    § 90.210(b)(5), note 3 to the table. *See also* *NTIA Manual* at
    Section 4.3.7 and Section 4.3.9, Tables 1 & 2.

[^18]: Amendment of Parts 2, 25, and 87 of the Commission\'s Rules to
    Implement Decisions from World Radiocommunication Conferences
    Concerning Frequency Bands Between 28 MHz and 36 GHz and to
    Otherwise Update the Rules in this Frequency Range, ET Docket No.
    02-305, *Report and Order* (*Above 28 MHz R&O*), 18 FCC Rcd 23426
    (2003) at paras. 80 and 90.

[^19]: 47 C.F.R. § 2.106, footnote G30; *see also* NTIA Federal
    Long-Range Spectrum Plan, September 2000, page 68.

[^20]: Amendment of Subpart P, Part 89 of the Commission's Rules
    (Eligibility of Comprehensive Health Services), *Report and Order*,
    Docket 19576, 30 Rad. Reg. 2d (P&F) 1389 (1974) (*1974 Medical
    Radiocommunications Systems Report and Order*). The frequencies set
    aside for low-power medical radiocommunications included 150.775 MHz
    and 150.790 MHz, both of which were formerly for military use.

[^21]: *See NTIA Manual* at Section 5.3.5.2 (Standards for Fixed and
    Mobile Analog or Digital FM/PM Narrowband Operations (138-150.8,
    162-174 and 406.1-420 MHz)).

[^22]: Footnote G5 limits the use of these fixed and mobile service
    allocations to non-military agencies of the Federal Government. 47
    C.F.R. § 2.106, footnotes 5.226 and G5. Federal use of the 162-174
    MHz band consists of the 162.0125-173.2 MHz and 173.4-174 MHz bands.
    International footnote 5.226, which states that any non-maritime
    mobile use of the segment 162.0125-162.05 MHz should be avoided in
    areas where such use might cause harmful interference to the
    maritime mobile VHF radiocommunication service, has been adopted
    domestically.

[^23]: *See* NTIA Federal Long-Range Spectrum Plan, September 2000,
    pages 65-70. Agencies using these channels include, for example, the
    Federal Aviation Administration, the Coast Guard, and the Federal
    Bureau of Investigation.

[^24]: RAS reception in the 406.1-410 MHz band is protected from
    extraband radiation only to the extent that such radiation exceeds
    the level which would be present if the offending station were
    operating in compliance with the technical standards or criteria
    applicable to the service in which it operates. 47 C.F.R. § 2.106,
    footnote US74. Additionally, footnote US117 limits the transmitter
    power density for new authorizations in the 406.1-410 MHz band and
    requires prior coordination for fixed and base stations near RAS
    observatories.

[^25]: 47 C.F.R. § 2.106, footnote G6.

[^26]: In the 406.1-420 MHz band, there are 391 pairs of frequencies
    that are used by Federal agencies for two-frequency simplex
    operations. In addition, there are 329 center frequencies that are
    used by Federal agencies for single frequency operations.

[^27]: *See NTIA Manual* at Section 4.3.9, Conditions and Limitations
    1.c.

[^28]: Similar waiver procedures for the 162-174 MHz band are currently
    being considered by NTIA.

[^29]: 47 C.F.R. § 2.106.

[^30]: *Narrowbanding Second Report and Order*, 18 FCC Rcd at 3038,
    para. 12.

[^31]: One application of these systems is to measure rainfall and, in
    response to a certain level registered in a rain gauge, to provide
    an alert downstream that conditions exist that may cause flash
    flooding.

[^32]: 47 C.F.R. § 2.106, footnote US13. The current Hydro Channel Plan
    consists of the following frequencies: 169.425 MHz, 169.450 MHz,
    169.475 MHz, 169.500 MHz, 169.525 MHz, 170.225 MHz, 170.250 MHz,
    170.275 MHz, 170.300 MHz, 170.325 MHz, 171.025 MHz, 171.050 MHz,
    171.075 MHz, 171.100 MHz, 171.125 MHz, 171.825 MHz, 171.850 MHz,
    171.875 MHz, 171.900 MHz, 171.925 MHz, 406.125 MHz, 406.175 MHz,
    409.675 MHz, 409.725 MHz, 412.625 MHz, 412.675 MHz, 412.725 MHz, and
    412.775 MHz. In the 162-174 MHz band, the 20 channels consist of
    four blocks of five channels, which provides 125 kHz of contiguous
    spectrum in each block. In the 406.1‑420 MHz band, the eight
    channels consist of three groups of non-contiguous spectrum.

[^33]: *Id.* These channels are 169.575 MHz, 170.375 MHz, and
    171.975 MHz.

[^34]: *Id*. *See also* 47 C.F.R. § 90.265(a)(2) (conditioning
    assignment of these frequencies "on a secondary basis to Federal
    Government stations").

[^35]: 47 C.F.R. § 90.265.

[^36]: *See NTIA Manual* at Section 8.3.6, paragraph 4.a; 47 C.F.R. §
    90.265(a)(4).

[^37]: Historically, the Commission granted Hydro licenses with an
    authorized bandwidth of 20 kHz. However, the Commission has recently
    granted some Hydro licenses with narrower authorized bandwidths,
    such as 12.5 kHz, 11 kHz, 5.7 kHz, and 5.6 kHz.

[^38]: *See, e.g.*, call sign WPXX663 (a 169.425 MHz Hydro channel that
    was licensed July 26, 2003, with an authorized bandwidth of 11 kHz).

[^39]: *See NTIA Manual* at Section 4.3.3 (Plan for Hydrologic and
    Meteorological Operations in the Bands 162-174 and 406.1-420 MHz)
    and Section 8.3.6 (Coordination for the Use of Hydrologic Channels
    in the Bands 162-174 and 406.1-420 MHz).

[^40]: This study was conducted using the Commission's Universal
    Licensing System (ULS) database on June 24, 2004. See Appendix C at
    Table 1 for additional information.

[^41]: The new center frequencies would be 169.4375 MHz, 169.4625 MHz,
    169.4875 MHz, 169.5125 MHz, 170.2375 MHz, 170.2625 MHz, 170.2875
    MHz, 170.3125 MHz, 171.0375 MHz, 171.0625 MHz, 171.0875 MHz,
    171.1125 MHz, 171.8375 MHz, 171.8625 MHz, 171.8875 MHz, and 171.9125
    MHz.

[^42]: The new center frequencies would be 412.6625 MHz, 412.6875 MHz,
    412.7125 MHz, 412.7375 MHz, 412.7625 MHz, 415.125 MHz, and 415.175
    MHz.

[^43]: *See, e.g.*, 47 C.F.R. § 90.265(a)(2) (requiring Hydro channel
    licensees to make available hydrologic and meteorological data to
    Federal agencies, upon request).

[^44]: Termination of operations would be required regardless of the
    length of advance notice, as well as in cases where advance notice
    is unable to be given.

[^45]: In order to implement this proposal, we would revise Section
    90.203(j) by changing "421-512 MHz" to "406‑512 MHz." See Appendix
    A, Section 90.203(j). To the extent that the January 1, 2013, and
    January 1, 2018, dates may be modified on reconsideration, our
    intent is for consistency between the final dates adopted in WT
    Docket No. 99-87 and the decisions ultimately adopted in this
    docket.

[^46]: We propose the January 1, 2008, date to be consistent with NTIA's
    narrowbanding timetable for the 406-416 MHz band.

[^47]: See Appendix C, Table 1.

[^48]: *Id.*

[^49]: We anticipate two situations where the Hydro Committee would
    advise a licensee to migrate to the new channels: for compatibility
    reasons so that all entities on a common system can successfully
    communicate, and if an interference situation occurs that cannot be
    resolved.

[^50]: See Appendix A, § 90.265(a)(5).

[^51]: For the purposes of this rule, expansion of existing systems
    would not be considered new stations.

[^52]: See Appendix A, Section 90.265(a).

[^53]: 47 C.F.R. § 90.20(c)(3).

[^54]: Specifically, we would add an entry for the 406-416 MHz band to
    the frequency table in Section 90.20(c)(3) and to limit the use of
    these frequencies by revised limitation 48, which would read as
    follows: Frequencies in this band will be assigned only for
    transmitting hydrological or meteorological data or for low power
    wireless microphones in accordance with the provisions of § 90.265.
    In Section 90.265(a), we would add the Public Safety Pool
    eligibility for Hydro channels. See Appendix A and 47 C.F.R. §§
    90.20(c)(3), 90.20(d)(48), 90.265(a).

[^55]: See Appendix A and 47 C.F.R. § 90.35(b)(3).

[^56]: 47 C.F.R. § 2.106, footnote US8. Four frequencies (170.475,
    171.425, 171.575, and 172.275 MHz) are designated for assignment
    east of the Mississippi River and five frequencies (170.425,
    170.575, 171.475, 172.225 and 172.375 MHz) are designated for
    assignment west of the Mississippi River.

[^57]: *Id*. 172.275 MHz is designated for assignment east of the
    Mississippi River and 171.475 MHz is designated for assignment west
    of the Mississippi River.

[^58]: 47 C.F.R. § 90.20(c)(3). There are 21 licensees authorized to use
    the forest fire-fighting/conservation channels, of which, 19 have
    been issued to states and state agencies. The other two licensees
    are the County of Los Angeles and a non-profit organization in
    Puerto Rico. See Appendix C at Table 2 for additional information.

[^59]: For the purposes of this proceeding, we will use the term mobile
    station to include mobile (MO) and mobile/vehicular repeater (MO3)
    stations. Paging receivers (pagers) are counted separately.

[^60]: For the purposes of this proceeding, we will use the term fixed
    station to include mobile relay (FB2), mobile relay-temporary
    (FB2T), operational fixed (FXO), operational fixed-temporary (FXOT),
    control (FX1), control-temporary (FX1T), and fixed relay (FX2)
    stations.

[^61]: This study was conducted using the ULS database on June 24, 2004.
    See Appendix C at Table 2 for additional information.

[^62]: *Narrowbanding Second Report and Order*, 18 FCC Rcd at 3082,
    Appendix B, footnote 3 to the table in Section 90.209(b)(5).

[^63]: Although existing licensees must cease operation if they cause
    interference to new Federal stations, we note that it may be the
    case that new Federal stations cause interference to incumbent
    wideband non-Federal stations. Because incumbent operators must
    receive such interference without recourse, they may have no choice
    but to cease operation.

[^64]: Termination of operations will be required regardless of the
    length of advance notice, as well as in cases where advance notice
    is unable to be given.

[^65]: For the purposes of this rule, expansion of existing systems
    would not be considered new stations.

[^66]: 47 C.F.R. § 2.106, footnote US11. These frequencies are available
    under Part 90 of our Rules to Public Safety Pool eligibles within
    150 miles of New York City. 47 C.F.R. § 90.20(c)(3). Footnote US11
    also authorizes remote pickup broadcast operations for certain
    locations within the continental United States. The transition plan
    for remote pickup broadcast stations is codified at 47 C.F.R. §
    74.462(b), table note 4, and requires narrowband operations to be in
    place no later than January 1, 2005. *See also* Revisions to
    Broadcast Auxiliary Service Rules in Part 74 and Conforming
    Technical Rules for Broadcast Auxiliary Service, Cable Television
    Relay Service and Fixed Services in Parts 74, 78 and 101 of the
    Commission's Rules, ET Docket No. 01-75, *Report and Order*, 17 FCC
    Rcd 22979 (2003), paras. 116-120 and Appendix A, n. 26. Because the
    use of narrowband equipment by remote pickup broadcast stations has
    previously been addressed by the Commission, it is not further
    discussed in this proceeding.

[^67]: This study was conducted using the ULS database on July 23-24,
    2004. See Appendix C at Tables 3 and 4 for additional information.

[^68]: Termination of operations would be required regardless of the
    length of advance notice, as well as in cases where advance notice
    is unable to be given.

[^69]: Footnote US216 reads as follows: "The frequencies 150.775 and
    150.790, and the bands 152-152.0150, 163.2375‑163.2625,
    462.9375-463.1875 and 467.9375-468.1875 MHz are authorized for
    Government/non-Government operations in medical radio communications
    systems." 47 C.F.R. § 2.106, footnote US216.

[^70]: *See* *1974 Medical Radiocommunications Systems Report and
    Order*.

[^71]: The 150.05-150.8 MHz and 162.0125-173.2 MHz bands are allocated
    for primary Federal use. The 152-152.0150 MHz, 462.9375-463.1875
    MHz, and 467.9375-468.1875 MHz bands are allocated for primary
    non-Federal use. Frequencies in the 462.9375-463.1875 MHz and
    467.9375-468.1875 MHz bands already operate on narrowband channels
    or are subject to the narrowbanding timetable established in the
    *Narrowbanding Second R&O.* *See* 47 C.F.R. §90.20(c)(3) &
    90.209(b)(5)-(6).

[^72]: The frequencies 150.7825 MHz and 150.7975 MHz were added to Part
    90 of our Rules in 1995. *See* *Refarming Report and Order*,
    *supra*, at n.3.

[^73]: 47 C.F.R. § 90.20(c)(3). In the *1974 Medical Radiocommunications
    Systems Report and Order*, the 150.775 MHz and 150.790 MHz channels
    were set aside for low-power use, and envisioned as suitable for
    communicating from a portable unit to an ambulance or other
    emergency vehicle for retransmission to a base station. *1974
    Medical Radiocommunications Systems Report and Order* at para. 38.
    Upon reconsideration, such low-power use was limited to maximum 2.5
    watts. Amendment of Parts 2 and 89 of the Commission's Rules and
    Regulations Relating to Communications for Emergency Medical
    Services, Docket No. 19880, *Memorandum Opinion and Order*,
    49 F.C.C.2d 368 (1974) at para. 15. When the Commission established
    the Emergency Medical Radio Service in 1993, the power limitation
    and usage restrictions were removed. Amendment of Part 90 of the
    Commission's Rules to Create the Emergency Medical Radio Service, PR
    Docket No. 91-72, *Report and Order*, 8 FCC Rcd 1454 (1993) at
    paras. 18 & 26.

[^74]: This study was conducted using the ULS database on June 25, 2004.
    We note that a single license can authorize multiple fixed and
    mobile stations to operate on multiple frequencies. For example, the
    Commission has authorized the County of Ada, Idaho to operate six
    fixed stations and 200 mobile stations on the frequencies 150.775
    MHz, 150.790 MHz, 155.385 MHz, and 155.4 MHz (call sign WPEQ655).

[^75]: *Narrowbanding Second Report and Order*, 18 FCC Rcd at 3082,
    Appendix B, footnote 3 to the table in Section 90.209(b)(5). We note
    that the frequency 150.7825 MHz already contains a limitation that
    restricts its use to a 11.25 kHz bandwidth. *See* 47 C.F.R. §
    90.20(d)(27). In order to implement our decision to require 12.5 kHz
    channels, no new applications for the 150-174 MHz band would be
    acceptable for filing if the applicant utilizes channels with an
    authorized bandwidth exceeding 11.25 kHz beginning January 13, 2004.
    As discussed, *supra*, the effectiveness of this date has been
    stayed pending resolution of outstanding petitions for
    reconsideration.

[^76]: This study was conducted using the ULS database on June 25, 2004.

[^77]: Transmissions for purpose of activating or controlling remote
    objects is not permitted. *See* 47 C.F.R. § 90.20(d)(13) and (30).

[^78]: This study was conducted using the ULS database on June 25, 2004.
    As an example of how the medical paging frequency 163.25 MHz is
    used, we note that the Bothwell Regional Health Center, Missouri is
    authorized to operate a fixed station with 250 paging receivers
    (call sign KAG246).

[^79]: To the extent that the January 1, 2018 date may be modified on
    reconsideration, our intent is for consistency between the final
    dates adopted in WT Docket No. 99-87 and the decisions ultimately
    adopted in this docket.

[^80]: *See* *Narrowbanding Second Report and Order*, 18 FCC Rcd at
    3042, para. 19.

[^81]: Narrowband medical paging equipment has only become available
    from multiple vendors in the last few years. Nonetheless, the
    Department of Veteran's Affairs (VA), the largest Federal user of
    Medical Radiocommunication Systems, recently reported to NTIA that
    it is currently moving to complete the mandated narrowbanding
    project on time.

[^82]: *See* 47 C.F.R. § 90.20(c).

[^83]: Although these frequencies are currently listed in Part 90 of our
    Rules, they heretofore have not been incorporated into the Table of
    Frequency Allocations, footnote US216. We note that the 7.5 kHz
    channel spacing in the 150 MHz band will require operational
    separation, such as a greater distance between adjacent-channel
    facilities.

[^84]: *See supra* note 73.

[^85]: Footnote US312 reads as follows: The frequency 173.075 MHz may
    also be authorized on a primary basis to non‑Government stations in
    the Police Radio Service (with a maximum authorized bandwidth of 20
    kHz) for stolen vehicle recovery systems. 47 C.F.R. § 2.106,
    footnote US312.

[^86]: 47 C.F.R. §§ 90.20(c)(3), 90.20(e)(6).

[^87]: Applications for base stations are coordinated with NTIA.

[^88]: LoJack Corporation 2002 Annual Report at 2. LoJack states that
    its transponder units have been installed in more than 1.25 million
    vehicles. *See* Amendment of Section 90.20(e)(6) of the Commission's
    Rules to revise the Authorized Duty Cycle on 173.075 MHz, WT Docket
    No 01-97, *Report and Order*, 17 FCC Rcd 16938, 16939 n.14 (2002)
    (citing LoJack's comments in the proceeding).

[^89]: The SVRS fixed stations are licensed to 18 states and state
    agencies, as well as the District of Columbia Metropolitan Police
    Department, Policia de Puerto Rico, and the City of Los Angeles.
    This study was conducted using the ULS database on June 24, 2004.
    Our licensing information does not indicate how many patrol cars are
    outfitted with SVRS tracking equipment.

[^90]: These include, for example, nine channels used by NOAA in the
    162.3625-162.5825 MHz band and Coast Guard Channel 88, a 25 kHz
    channel at 162.0250 MHz.

[^91]: In 1970, the secondary RAS allocation at 404-406 MHz was shifted
    up in frequency to 406-410 MHz and given primary status. At that
    time, Federal operations that exceeded this power density limit were
    grandfathered.

[^92]: Footnote US117 reads as follows: In the band 406.1-410 MHz, all
    new authorizations will be limited to a maximum 7 watts per kHz of
    necessary bandwidth; existing authorizations as of November 30, 1970
    exceeding this power are permitted to continue in use. New
    authorizations in this band for stations, other than mobile
    stations, within the following areas are subject to prior
    coordination by the applicant through the Electromagnetic Spectrum
    Management Unit, National Science Foundation, Washington, D.C.
    20550, (202-357-9696):

    *Arecibo Observatory:* Rectangle between latitudes 17° 30\' N. and
    19° 00\' N. and between longitudes 65° 10\' W. and 68° 00\' W.

    *Owens Valley Radio Observatory:* Two contiguous rectangles, one
    between latitudes 36° N. and 37° N. and longitudes 117° 40\' W. and
    118° 30\' W. and the second between latitudes 37° N. and 38° N. and
    longitudes 118° W. and 118° 50\' W.

    *Sagamore Hill Radio Observatory:* Rectangle between latitudes 42°
    10\' N. and 43° 00\' N. and longitudes 70° 31\' W. and 71° 31\' W.

    *Table Mountain Solar Observatory (NOAA), Boulder, Colorado
    (407--409 MHz only):* Rectangle between latitudes 39° 30\' N. and
    40° 30\' N. and longitudes 104° 30\' W. and 106° 00\' W. or the
    Continental Divide whichever is farther east.

    The non-Government use of this band is limited to the radio
    astronomy service and as provided by footnote US13. 47 C.F.R.
    §2.106, footnote US13.

[^93]: *See* Letter from Associate Administrator, Office of Spectrum
    Management, NTIA, to Chief, OET, received March 23, 2000, at 1.

[^94]: For the frequency 406.125 MHz, 38 licenses authorize transmitter
    output powers between 4 and 100 watts. For the frequency 406.175
    MHz, 14 licenses authorize transmitter output powers between 2 and
    50 watts. For the frequency 409.695 MHz, 19 licenses authorize
    transmitter output powers between 8 and 100 watts. For the frequency
    409.725 MHz, three licenses authorize transmitter output powers
    between 1 and 10 watts. This study was conducted using the ULS
    database on June 24, 2004.

[^95]: There are not any non-Federal Hydro channels in the 407-409 MHz
    band, and thus, the prior coordination area for the Table Mountain
    Observatory is applicable only to Federal agencies.

[^96]: *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).

[^97]: 5 U.S.C. § 603(a).

[^98]: *Id*.

[^99]: *Id*. at § 603(b)(3).

[^100]: *Id*. at § 601(3).

[^101]: *Id*. at § 632.

[^102]: *Id*. at § 601(4).

[^103]: Department of Commerce, U.S. Bureau of the Census, 1992 Economic
    Census, Table 6 (special tabulation of data under contract to Office
    of Advocacy of the U.S. Small Business Administration).

[^104]: 5 U.S.C. § 601(5).

[^105]: 1992 Census of Governments, U.S. Bureau of the Census, U.S.
    Department of Commerce.

[^106]: *Id*.

[^107]: *See* 13 C.F.R. § 121.201, NAICS code 517212.

[^108]: *See generally* 13 C.F.R. § 121.201.

[^109]: 5 U.S.C. § 603(c).