**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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**REPORT AND ORDER**

**Adopted: March 10, 2005 Released: March 11, 2005**

By the Commission:

**Table of Contents**

Paragraph

**I.**

**INTRODUCTION** 1

**II. EXECUTIVE SUMMARY** 4

**III. BACKGROUND** 6

A. The 150.05-150.8 MHz Band 7

B. The 162-174 MHz Band 10

C. The 406.1-420 MHz Band 13

D. The Commission\'s Narrowbanding Efforts 15

**IV. DISCUSSION** 19

A. Refining the Commission\'s Narrowbanding Proceedures for the Federal
Bands 20

B. Service Specific Matters 37

1\. MED Channels (US216) 37

2\. Stolen Vehicle Recovery Systems (US312) 47

3\. Hydro Channels and Protection for Radio Astronomy (US13 and US117)
51

4\. Forest Firefighting and Conservation Channels (US8) 57

5\. Public Safety Channels (US11) 59

6\. Public Coast Station Channels (US223) 63

7\. Wireless Microphone Channels (US300) 64

**V. PROCEDURAL MATTERS** 65

A. Final Regulatory Flexibility Analysis 65

B. Paperwork Reduction Act 66

C. Congressional Review Act 67

**VI. ORDERING CLAUSES** 68

Appendix A: Final Rules

Appendix B: Final Regulatory Flexibility Analysis

Appendix C: List of Commenting Parties

# I. INTRODUCTION

1.  By this action, we specify the procedures by which a total of 40
    Private Land Mobile Radio (PLMR) channels, which are located in
    frequency bands that are allocated primarily for Federal Government
    (Federal) use, are to transition to narrower, more spectrally
    efficient channels in a process commonly known as "narrowbanding."

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1.  In the June 30, 2004 *Notice of Proposed Rulemaking* (*NPRM*) that
    established this proceeding,[^1] we noted that the National
    Telecommunications and Information Administration (NTIA) has set
    deadlines by which Federal operations in the 150.05‑150.8 MHz, the
    162.0125-173.2 MHz and 173.4‑174 MHz (162-174 MHz),[^2] and the
    406.1-420 MHz bands (collectively, the Federal bands) must
    transition to 12.5 kHz (narrowband) channels.[^3] Specifically,
    Federal operations in the 162‑174 MHz band have been required to be
    narrowbanded since January 1, 2005 and Federal operations in the
    150.05‑150.8 MHz and 406.1-420 MHz bands must be narrowbanded by
    January 1, 2008. Because NTIA has adopted a more rapid narrowbanding
    schedule in these Federal bands than the Commission has required for
    its licensees, we recognized that a transition plan was necessary
    due to the shared Federal and non-Federal Government (non-Federal)
    use of these bands, and we proposed specific narrowbanding
    procedures for these bands.

2.  This proceeding is necessarily linked to the Commission's own
    efforts to narrowband channels in order to promote efficient
    spectrum use and help accommodate increasing PLMR demand.
    Collectively known as the *Refarming Proceeding*, these decisions
    set forth a comprehensive plan to transition PLMR operations
    (including licensees operating in exclusive non-Federal spectrum)
    from 25 kHz channels to narrower channels.[^4] Because our general
    narrowbanding rules permit non-Federal licensees to operate on
    channels in excess of 12.5 kHz (wideband operations) until January
    1, 2013, it is necessary to establish special rules that will apply
    to Commission licensees operating in the Federal bands.[^5] The
    rules that we adopt herein will provide for continued primary and
    secondary operations[^6] in Federal bands that are being
    narrowbanded by NTIA, while generally maintaining the narrowbanding
    procedures that currently apply to all PLMR services in the 150‑174
    MHz and 421-512 MHz bands.

# II. EXECUTIVE SUMMARY

3.  We are amending Parts 2 and 90 of the Commission's rules to revise
    our transition plan for primary and secondary PLMR operations in
    certain Federal bands. We conclude that these 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 are
    narrowbanding 25 Hydrological and Meteorological (Hydro) channels,
    nine Forest Firefighting and Conservation channels (two of these
    channels are available to conservation agencies, while all nine are
    available for firefighting use), two Public Safety channels, three
    medical radiocommunication system channels (MED channels), and one
    channel for Stolen Vehicle Recovery System (SVRS). In addition, we
    are adding 23 Hydro channels to our Rules, removing six Hydro
    channels (only four of which are currently licensed) from our Rules,
    and will no longer license two MED channels. The 40 PLMR channels in
    the Federal bands that we are narrowbanding are listed below.

+-------------+------+------------------------------------+-----------+
| Table 1:    |      |                                    |           |
| PLMR        |      |                                    |           |
| Channels    |      |                                    |           |
| That Are    |      |                                    |           |
| Being       |      |                                    |           |
| N           |      |                                    |           |
| arrowbanded |      |                                    |           |
+-------------+------+------------------------------------+-----------+
| Use         | Foot | Center Frequencies (MHz)           | Rule      |
|             | note |                                    | Section   |
+-------------+------+------------------------------------+-----------+
| Hydro       | US13 | 169.425, 169.450, 169.475,         | 90.       |
| Channels    |      | 169.500, 169.525, 170.225,         | 35(b)(3), |
|             |      | 170.250, 170.275, 170.300,         |           |
|             |      | 170.325, 171.025, 171.050,         | 90.265(a) |
|             |      | 171.075, 171.100, 171.125,         |           |
|             |      | 171.825, 171.850, 171.875,         |           |
|             |      | 171.900, 171.925, 406.125,         |           |
|             |      | 406.175, 412.675, 412.725, 412.775 |           |
|             |      |                                    |           |
|             |      | (We are also removing channels     |           |
|             |      | 169.575, 170.375, 171.975,         |           |
|             |      | 409.675, 409.725 and 412.625 from  |           |
|             |      | the Hydro channel plan, and adding |           |
|             |      | 23 new narrowband channels)        |           |
+-------------+------+------------------------------------+-----------+
| Forest      | US8  | 170.425, 170.475, 170.575,         | 90        |
| F           |      | 171.425, 171.475, 171.575 172.225, | .20(c)(3) |
| irefighting |      | 172.275, 172.375                   |           |
|             |      |                                    |           |
| and         |      |                                    |           |
| C           |      |                                    |           |
| onservation |      |                                    |           |
+-------------+------+------------------------------------+-----------+
| Public      | US11 | 166.250, 170.150                   | 90        |
| Safety      |      |                                    | .20(c)(3) |
+-------------+------+------------------------------------+-----------+
| MED         | U    | 150.775, 150.790, 163.250          | 90        |
| Channels    | S216 |                                    | .20(c)(3) |
|             |      | (We will no longer license         |           |
|             |      | channels 150.7825 and 150.7975)    |           |
+-------------+------+------------------------------------+-----------+
| SVRS        | U    | 173.075                            | 90.       |
|             | S312 |                                    | 20(c)(3), |
|             |      |                                    | (e)(6)    |
+-------------+------+------------------------------------+-----------+

4.  The transition plan that we adopt today refines certain aspects of
    the Commission's larger narrowbanding policies, most recently
    modified in the *Narrowbanding Third MO&O* in the *Refarming
    Proceeding*, in the following ways:

[Primary Operations]{.underline}:

-   As of the effective date of this *Report and Order*, we are limiting
    new MED channel stations that use the frequencies 150.775 MHz and
    150.790 MHz to a transmitter output power of 100 watts Effective
    Radiated Power (ERP).[^7] New wideband systems on these frequencies
    will be authorized on a primary basis until January 1, 2008.
    Wideband systems licensed prior to January 1, 2008, may be expanded
    until January 1, 2011, and may continue to operate on a primary
    basis until January 1, 2013, at which time wideband transmissions
    must cease;

-   As of the effective date of this *Report and Order*, we will not
    accept applications or issue licenses for new wideband systems that
    use the MED channel frequency 163.250 MHz. Existing wideband systems
    on this frequency may be expanded until January 1, 2011, and may
    continue to operate on a primary basis until January 1, 2013, at
    which time wideband transmissions must cease. We will not narrowband
    the non-Federal MED channel paging frequency 152.0075 MHz;

-   On a going-forward basis, new non-Federal operations on the three
    MED channel frequencies in the Federal band (150.775 MHz, 150.790
    MHz, and 163.250 MHz) will be limited to medical radiocommunication
    systems;

-   As of the effective date of this *Report and Order*, we will no
    longer issue new licenses for the frequencies 150.7825 MHz and
    150.7975 MHz. However, we will continue to renew existing licenses
    on these channels indefinitely; and

-   The existing SVRS system operated by the LoJack Corporation (LoJack)
    and police licensees may continue wideband operations until 14 years
    after the effective date of this *Report and Order*, at which time
    wideband transmissions must cease. Any new SVRS licensee that begins
    service after the effective date of this *Report and Order* must
    operate a narrowband system.

[Secondary Operations]{.underline}:

-   We revise the Commission's Hydro channel plan by adding 23 channels
    and by deleting six channels in order to make it consistent with
    NTIA's plan, and we include the Hydro channels in the 406.1-420 MHz
    band in our transition plan to 12.5 kHz channels;

-   Existing Hydro channel licensees, which operate on frequencies that
    are being removed from the Hydro Plan (171.975 MHz, 409.675 MHz,
    409.725 MHz, and 412.625 MHz), must migrate to a center frequency
    that is available under the new Hydro channel plan on a timetable
    that is recommended by the Hydro Committee, agreed to by NTIA, and
    approved by the FCC;

-   As of the effective date of this *Report and Order*, we will not
    accept applications or issue licenses for new wideband stations for
    channels whose operation is permitted on a secondary basis (Hydro,
    Forest Firefighting and Conservation, and the Public Safety
    channels) in the 162-174 MHz band.

-   New wideband Hydro stations in the 406.1-420 MHz band will be
    authorized on a secondary basis until January 1, 2008.

-   Existing wideband systems in the 162-174 MHz band that operate on a
    secondary basis may be expanded until January 1, 2011, and may
    continue to operate until January 1, 2013, at which time wideband
    operations must cease. However, these licensees must modify or
    discontinue their operations if, at any time, their operations cause
    interference to new Federal operations

-   Existing wideband Hydro systems in the 406.1-420 MHz band may be
    expanded until January 1, 2011, and may continue to operate until
    January 1, 2013, at which time wideband operations must cease.
    However, these licensees must modify or discontinue their operations
    if, at any time after January 1, 2008, their operations cause
    interference to new Federal operations; and

[Coordination with Radio Astronomy]{.underline}:

-   We 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.

# III. BACKGROUND

5.  While the Federal bands are allocated primarily for Federal use and
    are administered by NTIA, the longstanding limited non-Federal use
    of these bands that has been authorized is reflected in seven United
    States footnotes to the Table of Frequency Allocations.[^8] In many
    cases, non-Federal users in these bands operate on a
    non-interference basis in conjunction with, or in support of,
    Federal functions. Moreover, most of the channels authorized by
    these footnotes are subject to the 12.5 kHz channel plan that the
    Commission adopted in the *Refarming Proceeding* as most recently
    modified in the *Narrowbanding Third MO&O*. Under the Commission's
    current narrowbanding schedule, all non-Federal licensees operating
    on these channels are required to transition to narrowband equipment
    by January 1, 2013. We first briefly outline the history and use of
    each of the Federal bands that are the subject of this *Order*, and
    then we describe the Commission's broader narrowbanding proceeding
    in greater detail.

A. The 150.05-150.8 MHz Band

6.  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
    principally limited use of these allocations to the military
    services.[^9] In 1974, the Commission established a new medical
    radio service that had access to both Federal and non‑Federal
    spectrum on a primary basis.[^10] Based on recommendations contained
    in a report of the Interdepartment Radio Advisory Committee (IRAC),
    non-Federal use of the band was authorized on the upper two channels
    of the 150.05‑150.8 MHz band (150.775 MHz and 150.790 MHz). These
    MED channels are currently listed in footnote US216.[^11]

7.  As part of the *Refarming Proceeding*, we established narrowbanding
    requirements for the 150.775 MHz and 150.790 MHz channels and
    created two additional PLMR channels -- 150.7825 MHz and 150.7975
    MHz.[^12] Although all four of these MED channels are listed in the
    Public Safety Radio Pool, only the original two are contained in
    footnote US216. Because the two new frequencies (150.7825 MHz and
    150.7975 MHz) are not allocated for non‑Federal use, operations on
    these channels are by default secondary: licensees operate on the
    condition that their operation not cause harmful interference to
    Federal stations and, should harmful interference result, that the
    interfering non-Federal operation must immediately terminate.[^13]

8.  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.[^14] 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.

B. The 162-174 MHz Band

9.  The 162.0125-173.2 MHz and 173.4-174 MHz bands (collectively, the
    162-174 MHz band) 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.[^15] 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; and research
    and other functions of the Federal Government.[^16]

10. Public Safety Radio Pool licensees in this band are authorized to
    use: (1) nine Forest Firefighting and Conservation channels by
    footnote US8; (2) two Public Safety channels by footnote US11; (3)
    one MED channel by footnote US216; and (4) one SVRS channel by
    footnote US312. Industrial/Business Radio Pool licensees in this
    band are authorized to use 23 Hydro channels by footnote US13 and
    eight wireless microphone channels by footnote US300. In addition,
    footnote US223 makes a channel available for public coast station
    use in limited areas near the Canadian border. All non-Federal
    licenses in the 162.0125-173.2 MHz and 173.4-174 MHz bands are
    granted on a secondary basis, except that the MED channel (163.250
    MHz) and the SVRS channel (173.075 MHz) are authorized on a primary
    basis.

11. In 1993, NTIA adopted a narrowband channel plan for Federal
    operation in the band, consisting of 12.5 kHz-wide channels, and
    noted that non-Federal licensees operating in the band will need to
    modify their operations to fit within the new channel plan.[^17]
    Since January 1, 1995, all new Federal systems in the 162-174 MHz
    band have been required to be capable of operating within a 12.5 kHz
    channel.[^18] As of January 1, 2005, all existing Federal systems in
    the band have been required to operate within a 12.5 kHz
    channel.[^19] In addition, NTIA has modified the Federal Hydro
    channel plan in its *Manual* and has recommended that we modify
    footnote US13 accordingly.[^20]

C. The 406.1-420 MHz Band

12. The 406.1-420 MHz band is 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.[^21] The
    406.1-410 MHz portion of the band is also allocated to the RAS on a
    primary basis for Federal and non-Federal use.[^22] Both Federal and
    non-Federal entities also use the band to transmit hydrological and
    metrological data. Footnote US13 lists the eight channels in the
    band on which Commission licensees may conduct these Hydro
    operations.

13. NTIA's narrowbanding plan for the 406.1-420 MHz band requires that,
    by January 1, 2008, all Federal assignments operate within a 12.5
    kHz channel.[^23] NTIA has modified the Federal Hydro channel plan
    in its *Manual* and has recommended that we modify footnote US13
    accordingly.[^24] In addition, on March 23, 2000, NTIA requested
    that footnote US117, which provides the method for protecting RAS
    reception in the 406.1‑410 MHz portion of the 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.[^25]

## D. The Commission's Narrowbanding Efforts

14. 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.[^26] Under the approach initially adopted,
    type accepted equipment was required to operate on 12.5 kHz or
    smaller channels after August 1, 1996, and licensees were expected
    to begin using narrowband channels as they replaced or upgraded
    equipment.[^27] The Commission subsequently clarified that the
    general narrowbanding requirement did not apply to SVRS systems
    operating on the 173.075 MHz frequency.[^28]

15. The *Narrowbanding Second R&O*, adopted in 2003, established a
    specific 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 would 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.[^29] PLMR
    systems operating in the 150-174 MHz and 421-512 MHz bands were to
    migrate to 12.5 kHz technology no later than January 1, 2013 for the
    Industrial/Business Radio Pool and January 1, 2018 for the Public
    Safety Radio Pool. The *Narrowbanding Second R&O* also set January
    13, 2004, as the date by which we would cease accepting license
    applications for new operations using 25 kHz.[^30] In order to
    consider the eighteen petitions for reconsideration filed in
    response to the *Narrowbanding Second R&O*, we subsequently stayed
    effectiveness of the January 13, 2004 date for the rejection of new
    wideband applications*.*[^31]

16. On June 30, 2004, we adopted the *NPRM* in this proceeding.[^32] The
    *NPRM* set forth a comprehensive proposal to narrowband the
    Commission-licensed services that operate on the Federal bands. As
    discussed in greater detail, below, the *NPRM* addressed six MED
    channel frequencies, and asked, *inter alia*, whether we should add
    limitations to the use of two MED channels used for paging (152.0075
    MHz and 163.250 MHz). The *NPRM* also addressed use of the SVRS
    frequency and the ability of operators to deploy new narrowband
    equipment. In response, six comments were filed and no reply
    comments were filed.[^33] Five of the six commenters addressed our
    proposals to modify the two MED paging channels. One of these
    commenters also addressed Public Safety use of the other MED
    channels and use of the Public Safety channels. The sixth commenter,
    LoJack, offered a plan for migrating its SVRS system from wideband
    to narrowband operations. We received no comments addressing our
    proposals to adopt narrowbanding procedures for the Hydro channels
    (US13), and the Forest Firefighting and Conservation channels (US8);
    to retain the existing bandwidth for a public coast station channel
    (US223) and the wireless microphone channels (US300); and to modify
    our radio astronomy protection procedures (US117).

17. Subsequent to release of the *NPRM*, we adopted the *Narrowbanding
    Third MO&O*. That action set forth the general narrowbanding dates
    that are now in effect: No later than January 1, 2013, both
    Industrial/Business and Public Safety Radio Pool licensees operating
    PLMR systems in the 150-174 MHz and 421-512 MHz bands must migrate
    completely to 12.5 kHz narrowband technology or, as an alternative,
    meet an equivalent technology standard.[^34] The *Narrowbanding
    Third MO&O* established a January 1, 2011 cut-off date, after which
    applications for new and expanded operations using a bandwidth
    greater than 12.5 kHz will be accepted only to the extent that the
    equipment meets the equivalent technology standard. The
    *Narrowbanding Third MO&O* also retained wideband paging
    channelization in non-Federal bands. It also left for this
    proceeding resolution of the issue of whether the paging frequency
    163.250 MHz, which is within a Federal band, should be narrowbanded,
    and deferred action with regard to whether measures should be
    adopted to encourage the transition to 6.25 kHz channels in the
    Federal bands.

# IV. DISCUSSION

18. In this *Report and Order*, we undertake a narrow and specific
    task---the narrowbanding of non-Federal operations in bands
    allocated primarily for Federal use. First, we review the
    Commission's narrowbanding requirements, as most recently modified
    by the *Narrowbanding Third MO&O*, and, as appropriate, account for
    the unique spectrum sharing situation inherent in the Federal bands
    by adopting procedures that are consistent with the proposals we
    made in the *NPRM*. Second, we will look at the services operating
    in those bands and address additional service-specific matters that
    will further our narrowbanding goals for non-Federal operations in
    the Federal bands.

A. Refining the Commission's Narrowbanding Proceedures for the Federal
Bands

19. *Proposals*. As an initial matter, we noted in the *NPRM* that the
    Commission has not adopted narrowbanding requirements for the
    406.1-420 MHz band, in which certain Hydro channels are located, and
    we proposed to include those Hydro channels in our transition plan
    to 12.5 kHz channels.[^35] The *NPRM* also proposed to implement the
    deadlines for mandatory migration of existing licensees to
    narrowband technology established in the *Refarming Proceeding* and
    as then set forth by the *Narrowbanding Second R&O*. However, we
    also stated that, to the extent the narrowbanding deadlines were
    modified on reconsideration, we intended to adopt narrowbanding
    requirements consistent with the revised dates.[^36]

20. With respect to new and expanded systems operating in the Federal
    bands, the *NPRM* proposed to align the licensing of these
    facilities with NTIA's narrowbanding schedule. Specifically, we
    proposed to require that new Forest Firefighting and Conservation
    and new Public Safety stations in the 162‑174 MHz band, as well as
    new medical radiocommunication systems at 163.250 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.[^37] For Hydro channels in the 162-174 MHz and 406.1-420
    MHz bands, we also proposed to apply the same 2005 and 2008 dates,
    respectively, but proposed to provide an exception if the Hydro
    Committee recommended that an application be granted and NTIA
    approved the request.[^38] We also proposed to allow for a similar
    exception that would, in limited cases, allow for new or expanded
    wideband operations on the Forest Firefighting and Conservation and
    the public safety channels after January 1, 2005.

21. In the Federal bands, the Commission issues licenses on a primary
    basis for three MED channels (150.775 MHz, 150.790 MHz and 163.250
    MHz).[^39] Two of the MED channels (150.775 MHz and 150.790 MHz) are
    to be used only for mobile station transmissions.[^40] The other MED
    channel (163.250 MHz) is assigned only for one-way paging
    communications to mobile receivers.[^41] In the *NPRM*, we proposed
    to require that licensees operating on these MED channels narrowband
    their operations by January 1, 2018 in order to maintain their
    primary status.[^42] We requested comment on whether a paging
    channel (152.0075 MHz) that is within a band allocated primarily for
    non-Federal use should be narrowbanded.[^43]

22. With respect to the 28 channels that are authorized on a secondary
    basis in the 162-174 MHz band (*i.e.*, the Hydro, Forest
    Firefighting and Conservation, and Public Safety channels), we
    proposed to explicitly recognize NTIA's narrowbanding schedule that
    authorizes Federal agencies to use new narrowband channels that are
    only 12.5 kHz away from the center frequency of non-Federal stations
    that are authorized on a secondary basis. Specifically, we proposed
    to require that these licensees modify or discontinue their
    operations if, at any time after January 1, 2005, they cause harmful
    interference to new Federal operations. Likewise, for the eight
    Hydro channels in the 406.1-420 MHz band that are authorized on a
    secondary basis, we proposed to require that these licensees modify
    or discontinue their operations if, at any time after January 1,
    2008, they cause harmful interference to new Federal
    operations.[^44]

23. Finally, the *NPRM* observed that the current narrowbanding
    schedule, which sets a January 1, 2005 date by which all new
    certified equipment in the 150-174 MHz and 421-512 MHz bands must be
    designed to operate on channels of 6.25 kHz or less, does not make
    an exception for stations operating in the Federal bands even though
    NTIA has not established a 6.25 kHz channelization plan for Federal
    users on these bands.[^45] We asked whether we should exempt
    equipment designed for use in the Federal bands from the 6.25 kHz
    certification requirement.

24. *Comments*. In response to the *NPRM*, ADCOMM Engineering (ADCOMM),
    the Department of Communications for Thurston County, Washington,
    and Valley Communications Center (collectively, the 152 MHz Paging
    Commenters) urge us not to narrowband the paging channel 152.0075
    MHz but to instead retain a 25 kHz-wide channel indefinitely or for
    at least 15 years so that the existing systems can be fully
    amortized and so that replacement system funds can be built up.[^46]
    Similarly, Yamhill Communications Agency (Yamhill) urges that we not
    take any action with regard to 163.250 MHz that would require
    existing Public Safety licenses to replace wideband paging equipment
    prior to January 1, 2018, suggesting that that date would provide
    reasonable time for existing licensees to amortize recently
    purchased equipment.[^47]

25. In their joint comments, the International Municipal Signal
    Association and the International Association of Fire Chiefs, Inc.
    (IMSA/IAFC) request that we permit any new stations operating on two
    primary MED channels, 150.775 MHz and 150.790 MHz, to operate on
    wideband channels until 2018 and not the 2008 date we had
    proposed.[^48] IMSA/IAFC argue that public safety agencies are
    budget-constrained and that a 2008 deadline would prove detrimental
    to a number of public safety agencies.

26. *Effect of the Narrowbanding Third MO&O*. The *Narrowbanding Third
    MO&O* established January 1, 2013 as the date by which licensees
    operating PLMR systems in the 150-174 MHz and 421-512 MHz bands must
    migrate completely to 12.5 kHz narrowband technology.[^49] This
    action advanced the narrowbanding deadline for public safety
    systems, which had been 2018, by five years and retained the 2013
    deadline for Industrial/Business Radio Pool licensees. As discussed
    *supra*, the *Narrowbanding Third MO&O* also established an
    efficiency standard that could be employed as an alternative to the
    use of 12.5 kHz channels.[^50] The *Narrowbanding Third MO&O* also
    extended to January 1, 2011 the time period during which
    applications for new wideband operations and for modification of
    operations that expand the authorized contour of an existing
    wideband station would be accepted. After January 1, 2011 (which is
    two years before the mandatory migration date), applications for new
    and expanded operations using a bandwidth greater than 12.5 kHz will
    be accepted only to the extent that the equipment meets the
    equivalent technology standard. Finally, in the *Narrowbanding Third
    MO&O*, we declined to narrowband non-Federal paging channels and
    deferred action with regard to whether measures should be adopted to
    encourage the transition to 6.25 kHz channels in the Federal
    bands.[^51]

27. *Decision*. As described below, we are largely adopting our
    proposals, as modified to reflect the narrowbanding dates as
    modified by the *Narrowbanding Third MO&O*. As an initial matter, we
    are including the 406.1-420 MHz band in our transition plan to
    narrowband channels.[^52] No commenters addressed this proposal. We
    conclude that action is necessary to address the federal
    narrowbanding matters in a complete and comprehensive manner, and
    because secondary users in these bands will be directly affected by
    the Federal narrowbanding efforts and Hydro channel plan
    modifications.[^53] Also, by providing a narrowbanding procedure for
    existing non-Federal Hydro operations in the band, we will aid the
    Hydro Committee in its efforts to make the most efficient use of the
    new channel plan. Those actions that we proposed to take effect on
    January 1, 2005, will necessarily instead be tied to the effective
    date of the *Report and Order*.

28. For new stations in the Federal bands we are adopting deadlines, as
    proposed in the *NPRM*, that align with Federal narrowbanding
    requirements: As of the effective date of this *Report and Order*,
    we will not accept applications or issue licenses for new wideband
    Hydro, Forest Firefighting and Conservation, Public Safety, and MED
    channel systems in the 162-174 MHz band. We will authorize new
    wideband operations for the MED channel frequencies 150.775 MHz and
    150.790 MHz and Hydro channels in the 406.1-420 MHz band only until
    January 1, 2008. Although we do not believe that NTIA will generally
    agree to waiver requests for wideband operations in the Federal
    bands, we will consider granting wideband applications after these
    dates, if accompanied by a waiver request, in the following
    circumstances: for Forest Firefighting and Conservation channels, if
    a waiver has been recommended by a sponsoring Federal agency and if
    NTIA agrees with the recommendation; and for public safety use of
    the frequency 166.25 MHz and 170.15 MHz, if NTIA agrees to the grant
    of the waiver application. In addition, we recognize the role of the
    Hydro Committee in promoting efficient use of the Hydro channels by
    both Federal agencies and non-Federal licensees, and realize that
    the Hydro Committee is in the best position to recommend the
    narrowband transition cycle for specific Hydro channel users. As
    such, we intend to support applications for new wideband channels
    after the Federal wideband cut-off dates, if such a grant is
    recommended by the Hydro Committee and is accompanied by NTIA's
    concurrence.

29. We conclude that the deadlines are necessary and appropriate for the
    class of Commission licensees that maintain operations on these
    Federal bands, particularly in light of NTIA's policy to no longer
    authorize wideband assignments.[^54] Although IMSA/IAFC's request
    that we employ a 2018 cut-off date for new wideband applications in
    the two primary MED channels might have short‑term financial
    benefits for budget-constrained agencies, doing so would compromise
    NTIA's efforts to expand the band by adding efficient new narrowband
    channels, would create even greater disparities between Federal and
    non-Federal operations in the band, and would not change the
    ultimate transition to narrowband channels. Moreover, the 2008
    cut-off for new wideband stations still allows applicants for
    Commission licenses in the band to take account of the narrowbanding
    requirement we adopt today prior to deciding whether to seek use of
    those two channels for new facilities.

30. For existing wideband systems operating in the Federal bands, we
    will maintain the January 1, 2011 deadline for system expansions and
    the January 1, 2013 as the date by which all licensees must migrate
    completely to 12.5 kHz narrowband technology. This action reflects
    the deadlines recently adopted in the *Narrowbanding Third MO&O*.

31. We will continue to recognize primary status for MED channels in the
    Federal bands that are listed in footnote US216 (150.775 MHz,
    150.790 MHz and 163.250 MHz) and we will continue to treat these MED
    channels in a similar manner to all other primary land mobile
    licensees under the Commission's jurisdiction. Users of these
    channels still must narrowband their operations by the same January
    1, 2013 deadline we have established for all other licensees in the
    Federal bands.[^55] Our approach preserves 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 MED channel operation is entitled to protection
    from interference from new Federal operations 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. We expect that NTIA will protect these wideband
    operations from harmful interference from new or modified Federal
    operations in the band until the January 1, 2013 narrowbanding date.

32. For existing licensees operating in the Federal bands on a secondary
    basis -- specifically, users of the Hydro, Forest Firefighting and
    Conservation, and the Public Safety channels -- we note that NTIA
    may now authorize new Federal operations in the 162-174 MHz band on
    channels that are only 12.5 kHz away from the center frequencies of
    non-Federal licenses. After January 1, 2008, NTIA may authorize new
    Federal operations in the 406.1-420 MHz bands that are only 12.5 kHz
    away from the center frequencies of non-Federal Hydro stations that
    operate on a secondary basis. Thus, while we will permit these
    licensees to continue to operate on wideband channels on a
    non-interference basis until as late as 2013, we emphasize that they
    must modify or discontinue wideband operations if, at any time (for
    the 162-174 MHz band), and at any time after January 1, 2008 (for
    the 406-416 MHz band), they cause interference to new Federal
    operations.[^56] Once a Federal agency begins narrowband operations,
    these non-Federal licensees must be prepared to accept harmful
    interference, and will be subject to termination if harmful
    interference is caused to Federal operations. Termination of
    operations will be required regardless of the length of advance
    notice, as well as in cases where we are unable to provide advance
    notice. We will, of course, closely work with NTIA under the
    auspices of the FAS of the IRAC to provide as much advance notice as
    possible to non-Federal licensees that a proposed Federal assignment
    has been filed with NTIA.

33. Consistent with our decision in the *Narrowbanding Third MO&O*, we
    will not narrowband the MED channel at 152.0075 MHz, which is used
    for paging. This channel is within a band that is allocated
    primarily for non-Federal use, is not subject to NTIA's
    narrowbanding efforts, and thus will continue to follow the
    Commission's Rules regarding paging operations. In the
    *Narrowbanding Third MO&O*, we stated that paging channels are
    neither congested nor do they typically create interference problems
    given, for example, their relatively short duty cycle.[^57] We agree
    with the 152 MHz Paging Commenters that there are benefits to
    retaining wideband operations on this channel, and conclude that
    such benefits outweigh any benefits that would be realized from
    narrowbanding all frequencies used by medical radiocommunication
    systems.[^58]

34. We will, however, include the MED channel at 163.250 MHz in our
    narrowbanding requirements.[^59] We distinguish this channel from
    other paging channels because it operates within the Federal bands,
    and note that NTIA did not grant Federal agencies a paging exemption
    in its narrowbanding plan. The Department of Veterans Affairs (VA)
    is currently moving to narrowband its paging operations to meet
    NTIA's mandated narrowbanding schedule. Given our desire to limit
    the potential for interference between existing licensees and new
    NTIA-approved operations on a channel used for important medical
    paging applications, we conclude that it is appropriate for us to
    apply the January 1, 2013 narrowbanding deadlines to this
    channel.[^60] We note, however, that any wideband operations on this
    channel are subject to termination if harmful interference is caused
    to Federal operations.

35. Lastly, we find that it is unnecessary and potentially detrimental
    to our narrowbanding efforts to require that non-Federal licensees
    to use 6.25 kHz channels in the Federal bands in advance of Federal
    agencies at this time, and will modify our Rules accordingly.[^61]
    We see no advantage to this requirement in the Federal bands, given
    the uncertainty as to if or when Federal entities will begin using
    6.25 kHz channels.

B. Service Specific Matters

###  1. MED Channels (US216)

36. *Background.* We have discussed, above, the narrowbanding
    requirements for three MED channels -- 150.775 MHz, 150.795 MHz, and
    163.250 MHz. In this section, we address additional licensing and
    operational requirements for these frequencies, as well as the
    disposition of two additional frequencies associated with the MED
    channels.[^62]

37. In 1974, the Commission adopted, in concurrence with NTIA, footnote
    US216.[^63] This footnote authorizes Federal and non-Federal use of
    medical radiocommunication systems (*i.e.* the MED channels), and
    makes available three frequencies (150.775 MHz, 150.790 MHz, and
    163.250 MHz) in Federal bands.[^64] These Federal band channels,
    plus two additional frequencies (150.7825 MHz and 150.7975 MHz) are
    listed in the Commission's Public Safety Pool Frequency Table. Our
    rules limit stations operating on these channels to a maximum
    allowable ERP of 500 watts.[^65] In the Public Safety Pool Frequency
    Table, four of the frequencies (150.775 MHz, 150.7825 MHz, 150.790
    MHz, and 150.7975 MHz) ("mobile channels") are normally assigned to
    mobile stations, and frequency coordination is conducted through the
    Emergency Medical Coordinator (PM).[^66] The frequency 163.250 MHz
    (a "paging channel") is available only for one-way paging
    communications to mobile receivers, and is coordinated by the
    Special Emergency Coordinator (PS).[^67]

38. In its *Manual*, NTIA sets forth a plan for bio-medical telemetry
    and medical radiocommunications, including the frequencies 150.775
    MHz and 150.790 MHz, that is consistent with the Commission's 1974
    decision that established the MED channels. Section 4.3.11 of the
    NTIA *Manual* limits the use of these frequencies to mobile stations
    only and to 2.5 watts output power, and states that use of these
    channels may be authorized only for the purpose of conducting radio
    operations for the delivery or rendition of medical services to
    individuals, and only for voice communications from a portable
    (hand-held) unit, that is not airborne, to an ambulance or other
    emergency vehicle for automatic retransmission (mobile-repeater) on
    a regular mobile frequency to a base station facility.[^68] The
    Commission's Rules have been modified over the years, and currently
    provide for more expansive use of these channels than NTIA's
    provisions.[^69] Non-Federal use of these mobile channels, in many
    cases, has not been coordinated with NTIA.[^70] At this time, the
    Commission has issued 1514 licenses, 14 of which have been
    coordinated with NTIA, and NTIA has made 33 assignments. The
    following table lists the current use of the frequencies and is
    based on an October 21, 2004 review of the Commission's Universal
    Licensing System (ULS) database and the NTIA's Government Master
    File (GMF) (unclassified version, current as of Oct. 2, 2004):

  ------------ ---------- -------------- ----------------- -----------------
  Review of                                                
  the NTIA and                                             
  FCC                                                      
  Licensing                                                
  Databases                                                

  Frequency    Listed in  Federal        Non-Federal       Non-Federal
               US216?     assignments in assignments in    licenses in the
                          GMF database   GMF database      ULS database

  150.7750 MHz Yes        7              2                 509

  150.7825 MHz No         16             1                 32

  150.7900 MHz Yes        3              4                 424

  150.7975 MHz No         0              1                 25

  163.2500 MHz Yes        7              6                 524

  Totals                  33             14                1514
  ------------ ---------- -------------- ----------------- -----------------

39. In the *NPRM*, we proposed to cease licensing stations on the
    frequencies of 150.7825 MHz and 150.7975 MHz, but to permit existing
    stations that are authorized as the effective date of the *Report
    and Order* in this proceeding to continue existing narrowband
    operations on the frequencies indefinitely. We proposed to modify
    footnote US216 to list the specific paging channel frequencies in
    lieu of the 152-152.0150 MHz and 163.2375-163.2625 MHz bands. We
    also proposed to restrict the use of the frequencies 150.775 MHz,
    150.790 MHz, and 163.250 MHz in a manner consistent with the medical
    radiocommunications systems concept (which would be more consistent
    with the original 1974 provisions but does not reflect current
    practice). To implement this specialized use, we also asked whether
    the use of the mobile channels should be limited to hand-held units
    and restricted to 2.5 watts of power, and proposed to change the
    frequency coordinator for the paging channel frequencies to PM.

40. *Comments*. IMSA/IAFC opposes our proposal to cease licensing the
    frequencies 150.7825 MHz and 150.7975 MHz. IMSA/IAFC also requests
    that use of the MED channels not be limited to medical
    radiocommunication systems and asks that the service designation of
    the paging channel 163.250 MHz not be changed from PS to PM, because
    it believes that such actions would degrade public safety
    communications and harm the public.[^71] Yamhill also requests that
    the frequency coordinator for paging channel 163.250 MHz not be
    changed.[^72] Likewise, the 152 MHz Paging Commenters request that
    the frequency coordinator for the 152.0075 MHz not be changed.[^73]

41. *Decision*. We will no longer license non-Federal stations on the
    frequencies 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 future
    deployment of vital military systems. IMSA/IAFC objects to this
    proposal, noting that these channels have been used by public safety
    licensees in many large cities and concluding that such use "far
    outweighs" the public gain in limiting use of the channels.[^74] We
    disagree. Because these channels were not part of the original 1974
    agreement with NTIA, but were instead only recently licensed to
    non-Federal applicants as part of the *Refarming Proceeding*, and
    because of NTIA's interest in making the band available for
    narrowband Federal systems -- including those used by the military
    -- we conclude that the discontinuance of new licensing of these
    frequencies will benefit the public good by allowing vital new
    Federal systems to deploy. We recognize the interest in maintaining
    existing operations in the band. Accordingly, and with the
    concurrence of NTIA, we are permitting the existing mobile stations
    that are authorized as of effective date of this *Report and Order*
    to use the frequencies 150.7825 MHz and 150.7975 MHz indefinitely
    with their current usage designation.[^75] This action will
    grandfather 57 non-Federal licenses (which represents less than 4
    percent of the total licenses issued on the five channels discussed
    in this section).

42. We are adopting our proposal to revise footnote US216 to list the
    available frequencies (152.0075 MHz and 163.250 MHz) in lieu of the
    152-152.0150 MHz and 163.2375-163.2625 MHz bands. No party commented
    on this proposal. This action makes clear that only a single
    frequency in the 152-152.0150 MHz band is available for Federal use
    and that only a single frequency in the 163.2375‑163.2625 MHz band
    is available for non-Federal use. We are also revising, in
    concurrence with NTIA, the two non-Federal bands at 460 MHz in
    footnote US216 in order to align the non-Federal 460 MHz bands in
    footnote US216 with the Commission's revised Rules and to formally
    provide Federal agencies access to all 30 of the new MED channels in
    the 463 MHz and 468 MHz bands.[^76] These revisions to footnote
    US216 are included in Appendix A.

43. With respect to new licenses on the mobile channels 150.775 MHz and
    150.790 MHz and the paging channel 163.250 in the Federal band, we
    will adopt our proposal to implement, on a going forward basis, the
    footnote US216 requirement that the use of these channels be limited
    to medical radiocommunications systems. This action will support
    Federal users that have made and implemented spectrum usage plans
    based on the text of the footnote, and will have the added benefit
    of harmonizing use of these channels with the concept of medical
    radiocommunications systems as it was first adopted in 1974. We note
    that several commenters oppose this change. While we recognize that
    the current usage practice is beneficial in that it permits a broad
    range of medical and public safety uses of the frequencies, we
    cannot reconcile an expansion of such use with our obligation to
    Federal users that we license these frequencies in the Federal bands
    on a limited basis for medical radiocommunications systems, as
    reflected in footnote US216. We will, with the concurrence of NTIA,
    permit existing licensees to continue even if such operations are
    not restricted to medical radiocommunications systems operations.
    IMSA/IAFC describes how the mobile channels are currently used for
    critical inter-service communications purposes by public safety
    agencies, and notes that it is unaware of any instances where public
    safety entities have caused interference to Federal users.[^77]
    Permitting these operations to continue will serve the public
    interest because these entities have been able to successfully
    operate in the band, and the discontinuance of these existing
    operations public safety operations would jeopardize ongoing public
    safety operations and subject public entities to unanticipated and
    unbudgeted expenses. Also, we will not change the existing frequency
    coordinator for the paging channel frequencies, as proposed in the
    *NPRM*.

44. We are limiting all operations on the mobile channels for licenses
    issued after the effective date of this *Report and Order* to a
    maximum output power of 100 watts ERP. IMSA/IAFC objected to our
    proposal to limit the transmitter output power of the mobile
    channels to 2.5 watts, arguing that these channels provide needed
    frequency separation from the primary Public Safety allocation for
    two-frequency repeater operations.[^78] A general review of our
    licensing data indicates that mobile stations operating on these
    frequencies have been authorized an output power between 2.5 and 200
    watts ERP, but with the majority in the range of 30 to 100
    watts.[^79] We continue to believe that we must take steps to
    harmonize non-Federal use of the mobile channels, and that we should
    work to complement rather than frustrate NTIA's narrowbanding
    efforts in the Federal bands. However, we are also cognizant of the
    difficult funding challenges faced by public safety users of these
    frequencies, recognize the important work these entities routinely
    undertake, and appreciate the intensive use of these bands as
    described in IMSA/IAFC's comments. The 100 watt limit we establish
    for new licenses caps these channels at a lower power level than
    other channels in the 150-174 MHz band, and will promote wider
    availability of these channels for both new Federal and non-Federal
    users. However, the 100 watt limit we set is substantially larger
    than the 2.5 watt proposal, and is consistent with the majority of
    current use in the band. We will allow licensees to continue
    existing operations under their existing authorizations, subject
    only to the more general narrowbanding requirements we have adopted
    above. We also explicitly prohibit airborne operations by both
    existing and future mobile channel licensees. Such operations have
    the potential to cause wide-area interference, and adoption of the
    prohibition will promote continued cooperative use of the band by
    both Federal and non‑Federal entities and is consistent with Section
    4.3.11 of the *NTIA* *Manual.*[^80]

45. Finally, with respect to the non-Federal paging channel 150.0075 MHz
    -- which as discussed *supra* we are not narrowbanding -- we are
    removing limitation 19.[^81] We conclude that this limitation, which
    reserved the frequency 150.0075 MHz for assignment to stations for
    intersystem operations only and which required that these operations
    be primarily base-mobile communications, overly limits widespread
    use of the band. In addition, because this paging channel is within
    a non-Federal band, we will continue to make it available for a full
    range of medical and public safety uses and will not restrict its
    future use to medical radiocommunications systems exclusively.

###  2. Stolen Vehicle Recovery Systems (US312)

46. *Background*. 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 operations to 20
    kHz.[^82] This frequency is listed in the Public Safety Pool
    Frequency Table and its use is limited to SVRS but is available on a
    shared basis with Federal operations.[^83] LoJack, currently the
    only SVRS operator on this frequency in the United States, operates
    its network on a 20 kHz wide channel in cooperation with state and
    local police departments.[^84]

47. 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. In the *NPRM*, we noted that new Federal operations
    that are 12.5 kHz away from the SVRS center frequency could cause
    interference to wideband SVRS systems that could prove burdensome to
    identify and resolve. Because of the significant investment in SVRS
    by the general public and the fact that SVRS equipment has been
    deployed by numerous law enforcement agencies, we sought comment as
    to whether it would be advisable to establish a narrowband
    transition plan for SVRS users at 173.075 MHz.[^85]

48. *Decision*. LoJack, the only commenter to address this issue,
    supports creation of a narrowbanding plan for SVRS systems.[^86] In
    order to preserve the substantial utility of the existing wideband
    SVRS for consumers and law enforcement agencies, LoJack requests
    that the Commission provide at least a 14 year transition period
    from the effective date of final rules in this proceeding. LoJack
    states that this schedule would give it four years to develop and
    deploy a narrowband system and would give ten years for police
    departments and consumers relying on the installed base of wideband
    equipment to continue to receive service once the narrowband system
    is deployed.[^87]

49. We find LoJack's proposal persuasive. Given the need to develop and
    test new equipment, as well as the scope of the transition, a
    fourteen-year transition provides sufficient time for SVRS to adopt
    narrowband technology in a manner that does not jeopardize the
    public benefits associated with the service.[^88] We also note
    LoJack's claims that it will not be able to continue serving its
    wideband customers during the transition period if Federal agencies
    begin operating on the new adjacent narrowband frequencies of
    173.0625 MHz and 173.0875 MHz.[^89] We will work with NTIA to
    prevent Federal entities from being assigned new narrowband channels
    that are spaced only 12.5 kHz away from the SVRS center frequency
    until after the end of the transition period (*i.e.*, approximately
    2019), and will use our role as a voting member of the FAS to ensure
    that the primary status afforded to SVRS continues to be recognized
    during the Federal frequency assignment process.[^90] As we
    previously noted, LoJack is currently the only SVRS licensee.
    Because subsequent SVRS licensees will have to deploy equipment to
    begin service, all new licensees will be required to employ
    narrowband operations without the benefit of a transition period. To
    reflect these new narrowband requirements in the SVRS, we are
    amending -- in concurrence with NTIA -- footnote US312, which is
    shown in Appendix A. Accordingly, we are amending Section 90.20 by
    revising paragraph (e)(6) to reflect the 12.5 kHz maximum authorized
    bandwidth for SVRS and associated transition plan.

> 3\. Hydro Channels and Protection for Radio Astronomy (US13 and US117)

50. *Background.* Non-Federal operations on the Hydro channels currently
    consist of 28 channels authorized pursuant to footnote US13 for the
    specific purpose of transmitting hydrological and meteorological
    data in cooperation with Federal agencies, as well as three
    additional grandfathered channels for licensees that were in
    operation as of June 11, 1962.[^91] 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.[^92] Because the Hydro Committee is responsible for
    coordinating all requests for the use of the Hydro channels and for
    providing comments on such requests to the FCC and the FAS
    Secretariat of the IRAC, it works closely with Commission licensees
    and applicants to ensure optimum use of the Hydro channels that is
    consistent with national hydrological data collection objectives.

51. On February 24, 2000, NTIA updated the *NTIA Manual* to implement a
    revised channel plan that specifies new and modified narrowband
    Hydro channels. The new plan for the 169-172 MHz band segment uses
    the center frequencies of the 20 existing wideband channels and adds
    16 new center frequencies to create four groupings of nine
    contiguous channels each.[^93] The new plan for the 406.1-420 MHz
    band segment adds seven channels and removes three channels to
    create 12 narrowband channels that consist of two groups of three
    contiguous channels each; one group of two contiguous channels; and
    four non-contiguous channels.[^94] 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. In the *NPRM*, we proposed to
    revise the Commission's Hydro Plan to make it consistent with
    Federal use and to make minor changes to our Rules.[^95] These
    proposed modifications make the requirement that non-Federal
    applicants must prior-coordinate their requests through the Hydro
    Committee especially important, given the Hydro Committee's interest
    in providing for continued efficient use of the Hydro channels.

52. We also noted in the *NPRM* that NTIA has recommended revisions to
    Footnote US117. The footnote currently limits all new authorizations
    406.1-410 MHz band (in which the Hydro channels used by non-Federal
    licensees are located) to a transmitter output power of 7 watts per
    kHz of necessary bandwidth and subjects new fixed station
    authorizations near four RAS observatories to prior
    coordination.[^96] We proposed to implement NTIA's recommendation,
    which would revise the transmitter output power limitation for
    stations in the fixed and mobile services operating in the 406.1-410
    MHz band to 125 watts and would update the RAS site coordination
    information.[^97]

53. *Decision*. We did not receive any comments that addressed our
    proposals for the Hydro channels. We will adopt our proposals and
    revise our Rules to reflect an updated Hydro channel plan that is
    consistent with the channel plan shown in the *NTIA Manual*.
    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. This
    decision also recognizes the fact that non-Federal Hydro stations
    operation is closely coordinated the Hydro Committee.[^98] We note,
    for example, that the Hydro Committee has begun encouraging the use
    of narrowband equipment by non-Federal applicants, and a review of
    our licensing database indicates that while many non-Federal Hydro
    operations still use wideband channels, some narrowband use is
    prevalent among the more newly licensed channels.[^99]

54. We discussed, above, the process for Commission licensees to
    narrowband the existing Hydro channels that are to be retained by
    NTIA.[^100] We now also require licensees operating on the Hydro
    channels that we are removing from the Hydro channel plan to 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 NTIA and the
    Commission.[^101] As of January 1, 2005, licensees of stations
    transmitting on the frequency 169.575 MHz should be prepared to
    cease or relocate operations, if their wideband operations cause
    harmful interference to Federal operations. As of January 1, 2008,
    licensees of stations transmitting on the frequencies 409.675 MHz,
    409.725 MHz, or 412.625 MHz should be prepared to cease or relocate
    operations, if their wideband operations cause harmful interference
    to Federal operations. Finally, all licensees must cease operating
    on these channels after January 1, 2013.

55. To implement these proposals, we are revising our Rules to reflect
    the new Hydro channel plan and our plan for transitioning to
    narrowband channels, as well as to make other necessary
    modifications to reflect the Hydro operations.[^102] Also, in
    concurrence with NTIA, we are revising footnote US117 to provide
    more effective protection of RAS reception in the 406.1-410 MHz
    band.[^103] These revisions are included in the final rules listed
    in Appendix A.

###  4. Forest Firefighting and Conservation Channels (US8)

56. *Background.* Footnote US8 states that the use of nine channels in
    the 170-173 MHz band may be authorized for stations in the fixed and
    land mobile services that are operated by non‑Federal forest
    firefighting agencies on the condition that no harmful interference
    will be caused to Federal stations.[^104] These channels are
    available to Public Safety Pool eligibles in Section 90.20 of our
    Rules and are reserved primarily for assignment to state
    licensees.[^105] In the *NPRM*, we proposed to require that
    applications for the use of the Forest Firefighting and Conservation
    channels be accompanied by a letter of concurrence by the sponsoring
    Federal agency, consistent with current licensing practice; and to
    create a new subsection of Section 90.265 of our rules to better
    reflect these channels' status as part of the Federal band.

57. *Decision.* We did not receive any comments that addressed our
    proposals. We will adopt a requirement that applications for use of
    these channels be accompanied by a letter of concurrence. Based on
    our experience with past applications that included such a letter,
    we believe that this practice aids the coordination of assignments
    between NTIA and the Commission. We are also moving the existing
    limitations that are contained in Section 90.20 of our Rules into a
    new subsection of Section 90.265. 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 conclude it would be
    convenient and consistent to expand this section to include
    similarly situated services including, *inter alia*, the Forest
    Firefighting and Conservation channels.

###  5. Public Safety Channels (US11)

58. *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.[^106] In the *NPRM*, we proposed to modify our
    Rules to accurately reflect non-Federal licensee's role in this
    shared band by, *inter alia*, moving the rules pertaining to these
    channels into a new subpart to Section 90.265 of our Rules and more
    plainly stating the secondary nature of non-Federal operations on
    the band.

59. *Decision*. IMSA/IAFC is the only party to address the proposals
    dealing with the two Public Safety channels. IMSA/IAFC states that
    these Public Safety channels are widely assigned to agencies in the
    New York City metropolitan area and nearby environs that are
    expected to provide critical support to homeland security
    operations.[^107] IMSA/IAFC states that the current coordination
    procedures between Public Safety and Federal agencies are sufficient
    to address any concerns regarding possible interference, and urges
    us to "tread cautiously" to implement a policy so that Federal
    agencies would implement narrowband operations on the new channels
    adjacent to the Public Safety channels only as an absolute last
    resort when other acceptable channels are not available, and to work
    to expedite timely frequency coordination procedures for these
    channels.[^108]

60. We recognize the unique needs and critical nature of public safety
    communications in the New York City metropolitan area and the
    funding difficulties that many of these licensees face, and have
    worked with NTIA to limit the possibility that it will assign the
    new narrowband channels that are immediately adjacent to the two
    Public Safety channels in the New York City area until the
    conclusion of our transition period to mandatory narrowband
    operations. We will continue to work in cooperation with NTIA, and
    within the Federal frequency coordination process, to be sure this
    remains the case.

61. As proposed in the *NPRM*, we are creating a new paragraph in
    Section 90.265 of our Rules to describe these public safety
    channels, revising the existing limitation contained in Section
    90.20(d)(47) of our Rules to serve as a cross‑reference, and
    updating footnote US11 in concurrence with NTIA to remove an
    outdated reference to wideband operations and to simplify the
    description of public safety and remote pickup broadcast operations
    in the band. We are stating in our Rules that these 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 operate on the condition
    that no harmful interference is caused to "present or future"
    Federal stations. Finally, we will not require a letter of
    concurrence by a sponsoring Federal agency in conjunction with an
    application for use of these channels. We are persuaded by
    IMSA/IAFC's claims that such a requirement would "entail an unneeded
    and time consuming step" in a coordination process that it describes
    as "more than sufficient."[^109]

###  6. Public Coast Station Channels (US223)

62. 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, footnote US223 does not need to be modified to support
    NTIA's narrowbanding timetable, as discussed above, and therefore we
    proposed no changes to these frequencies as part of this proceeding.

###  7. Wireless Microphone Channels (US300)

63. 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 proposed no changes to the frequencies allocated for
    wireless microphones as part of footnote US300. No comments were
    received on these proposals. Accordingly, we will not narrowband
    these operations.

# V. PROCEDURAL MATTERS

## A. Final Regulatory Flexibility Analysis

64. As required by Section 603 of the Regulatory Flexibility Act, 5
    U.S.C. § 603, the Commission has prepared a Final Regulatory
    Flexibility Analysis (FRFA) of the possible significant economic
    impact on small entities of the final rules adopted in this Report
    and Order. The FRFA is set forth in Appendix B.

B. Paperwork Reduction Act

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

C. Congressional Review Act

66. The Commission will send a copy of this Report and Order in a report
    to be sent to Congress and the Government Accountability Office
    pursuant to the Congressional Review Act, *see* 5 U.S.C.
    801(a)(1)(A).

# VI. ORDERING CLAUSES

67. Accordingly, IT IS ORDERED that pursuant to Sections 1, 4(i), 7(a),
    301, 302(a), 303(a)-(c), 303(f), 303(g), 303(r), 307, 308, and 332
    of the Communications Act of 1934, as amended, 47 U.S.C. Sections
    151, 154(i), 157(a), 301, 302(a)-(c), 303(f), 303(g), 303(r), 307,
    308, and 332, this REPORT AND ORDER is hereby ADOPTED.

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

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**Appendix A: Final Rules**

For the reasons discussed in the preamble, the Federal Communications
Commission amends 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:]{.smallcaps}** 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 in the list of United States footnotes and footnote G5
in the list of Federal Government footnotes to read as follows:

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

\* \* \* \* \*

[United States (US) Footnotes]{.smallcaps}

\* \* \* \* \*

US11  On the condition that harmful interference is not caused to
present or future Federal stations in the band 162-174 MHz, the
frequencies 166.25 MHz and 170.15 MHz may be authorized to non-Federal
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 kilometers) 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 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
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: stations in the fixed and mobile
services shall be limited to a transmitter output power of 125 watts,
and 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

HC3 Box 53995

Arecibo, Puerto Rico 00612

\(2\) [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

The non-Federal use of this band is limited to the radio astronomy
service and as provided by footnote US13.

\* \* \* \* \*

US216  The frequencies 150.775 MHz, 150.790 MHz, 152.0075 MHz, and
163.250 MHz, and the bands 462.94688‑463.19688 MHz and
467.94688-468.19688 shall be authorized for the purpose of delivering or
rendering medical services to individuals (medical radiocommunication
systems), and shall be authorized on a primary basis for Federal and
non-Federal use. The frequency 152.0075 MHz may also be used for the
purpose of conducting public safety radio communications that include,
but are not limited to, the delivering or rendering of medical services
to individuals.

(a)  The use of the frequencies 150.775 MHz and 150.790 MHz are limited
to mobile stations transmitting a maximum of 100 watts Effective
Radiated Power (ERP). Airborne operations are prohibited.

(b)  The use of the frequencies 152.0075 MHz and 163.250 MHz are limited
to base stations that are be authorized only for one-way paging
communications to mobile receivers. Transmissions for the purpose of
activating or controlling remote objects on these frequencies shall not
be authorized.

(c)  Non-Federal licensees in the Public Safety Radio Pool holding a
valid authorization on \[**insert the effective date of this Report and
Order\]**, to operate on the frequencies 150.7825 MHz and 150.7975 MHz
may, upon proper renewal application, continue to be authorized for such
operation; provided that harmful interference is not caused to present
or future Federal stations in the band 150.05-150.8 MHz and, should
harmful interference result, that the interfering non‑Federal operation
shall immediately terminate.

\* \* \* \* \*

US312  The frequency 173.075 MHz may also be authorized on a primary
basis to non-Federal stations in the Public Safety Radio Pool, limited
to police licensees, for stolen vehicle recovery systems (SVRS). As of
\[**insert the effective date of this Report and Order**\], new SVRS
licenses shall be issued for an authorized bandwidth not to exceed 12.5
kHz. Stations that operate as part of a stolen vehicle recovery system
that was authorized and in operation prior to \[**insert the effective
date of this Report and Order**\] may operate with an authorized
bandwidth not to exceed 20 kHz until \[**insert the date that is 14
years from the effective date of this Report and Order**\]. After that
date, all SVRS shall operate with an authorized bandwidth not to exceed
12.5 kHz.

\* \* \* \* \*

F[ederal Government (G) Footnotes]{.smallcaps}

\* \* \* \* \*

G5  In the bands 162.0125-173.2, 173.4-174, 406.1-410 and 410-420 MHz,
use by the military services is limited by the provisions specified in
the channeling plans shown in Sections 4.3.7 and 4.3.9 of the NTIA
Manual.

\* \* \* \* \*

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

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

**[Authority]{.smallcaps}**: 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), (d)(47),
    (d)(48), (d)(49), and (e)(6), by removing and reserving paragraphs
    (d)(50) and (d)(51), and by adding paragraphs (d)(87) and (d)(88) 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.......   | 87............. | PM              |
| ............... | ...........\... | ...........\... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 150.7825.....   | ....do......... | 88...\......... | PM              |
| ............... | ............... | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 150.790......   | ....do........  | 87............. | PM              |
| ............... | ............... | ...........\... |                 |
+-----------------+-----------------+-----------------+-----------------+
| 150.7975.....   | ....do........  | 88...\......... | PM              |
| ............... | ............... | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| \*              | \*              | \*              | \*              |
|                 |                 |                 |                 |
| 152.0075        | Base.........   | 13,             | PS              |
|                 | ............... | 30.......       |                 |
|                 |                 | ............... |                 |
+-----------------+-----------------+-----------------+-----------------+
| \*              | \*              | \*              | \*              |
+-----------------+-----------------+-----------------+-----------------+
| 169-172.......  | Mobile or       | 48............. |                 |
| ...........\... | operational     | ...........\... |                 |
|                 | fixed           |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| \*              | \*              | \*              | \*              |
+-----------------+-----------------+-----------------+-----------------+
| 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 firefighting and
conservation activities in accordance with the provisions of § 90.265 of
this chapter.

(50)  \[Reserved\]

(51)  \[Reserved\]

\* \* \* \* \*

(87)  The use the frequencies 150.775 MHz and 150.790 MHz are limited to
a transmitter output power of 100 watts Effective Radiated Power (ERP)
as of \[**insert the effective date of this Report and Order**\].

(88)  Use of this frequency is limited to stations licensed as of
\[**insert the effective date of this Report and Order**\].

\(e\) \* \* \*

\* \* \* \* \*

(6)  The frequency 173.075 MHz is available for stolen vehicle recovery
systems on a shared basis with Federal stations in the fixed and mobile
services. Stolen vehicle recovery systems are limited to recovering
stolen vehicles and are not authorized for general purpose vehicle
tracking or monitoring. Mobile transmitters operating on this frequency
are limited to 2.5 watts power output and base transmitters are limited
to 300 watts ERP. F1D and F2D emissions may be used within a maximum
authorized bandwidth of 12.5 kHz, except that stations that operate as
part of a stolen vehicle recovery system that was authorized and that
was in operation prior to \[**insert the effective date of this Report
and Order**\] may operate with a maximum authorized bandwidth of 20 kHz
until \[**insert the date that is 14 years from the effective date of
this Report and Order**\]. Transmissions from mobiles shall be limited
to 200 milliseconds every 10 seconds, except that when a vehicle is
being tracked actively transmissions may be 200 milliseconds every
second. Alternatively, transmissions from mobiles shall be limited to
1800 milliseconds every 300 seconds with a maximum of six such messages
in any 30 minute period. Transmissions from base stations shall be
limited to a total time of one second every minute. The FCC shall
coordinate applications for base stations operating on this frequency
with NTIA. Applicants shall perform an analysis for each base station
located within 169 km (105 miles) of a TV Channel 7 transmitter of
potential interference to TV Channel 7 viewers. Such stations will be
authorized if the applicant has limited the interference contour to
fewer than 100 residences or if the applicant:

\* \* \* \* \*

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 Frequency 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)(4), (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 150.8-162.0125 MHz, 173.2-173.4 MHz,
and/or 421-512 MHz bands, received on or after February 14, 1997, must
include a certification that the equipment meets a spectrum efficiency
standard of one voice channel per 12.5 kHz of channel bandwidth.
Additionally, if the equipment is capable of transmitting data, has
transmitter output power greater than 500 mW, and has a channel
bandwidth of more than 6.25 kHz, the equipment must be capable of
supporting a minimum data rate of 4800 bits per second per 6.25 kHz of
channel bandwidth.

\(4\) Applications for part 90 certification of transmitters designed to
operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz,
and/or 421-512 MHz bands, received on or after January 1, 2005, except
for hand-held transmitters with an output power of two watts or less,
will only be granted for equipment with the following channel
bandwidths:

\* \* \* \*\*

(5)  Applications for part 90 certification of transmitters designed to
operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz,
and/or 421-512 MHz bands, received on or after January 1, 2005, must
include a certification that the equipment meets a spectrum efficiency
standard of one voice channel per 6.25 kHz of channel bandwidth.
Additionally, if the equipment is capable of transmitting data, has
transmitter output power greater than 500 mW, and has a channel
bandwidth of more than 6.25 kHz, the equipment must be capable of
supporting a minimum data rate of 4800 bits per second per 6.25 kHz of
channel bandwidth.

\* \* \* \* \*

(7)  All transmitters that are designed for one-way paging operations,
except those operating on the frequency 163.250 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 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 for
Federal 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
  -----------------------------------------------------------------------

\* \* \* \* \*

\(5\) After \[**insert the effective date of this Report and Order\]**
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. Such operations
are limited by § 90.265(a)(6) and (a)(7), below.

\(6\) After \[**insert the effective date of this Report and Order\]**,
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
406.1-420 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 \[**insert the effective date of this Report and Order**\],
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, 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 firefighting and conservation activities,
subject to the provisions of this section:

+----------------------+----------------------+-----------------------+
| Forest Firefighting  |                      |                       |
| 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 United States Department of
Agriculture.

\(7\) After \[**insert the effective date of this Report and Order\]**,
channels for new operations are limited to an authorized bandwidth not
to exceed 11.25 kHz. Between \[**insert the effective date of this
Report and Order\]**, and January 1, 2013, 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 \[**insert the effective date of this Report and Order\]**,
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 station; and

\(3\) After \[**insert the effective date of this Report and Order\]**,
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 \[**insert the effective date of this Report and Order\]**,
channels for new operations are limited to an authorized bandwidth not
to exceed 11.25 kHz. Between \[**insert the effective date of this
Report and Order\]**, and January 1, 2013, 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 \[**insert the effective date of this Report and Order**\],
new assignments for these frequencies shall be authorized only for the
purpose of delivering or rendering medical services to individuals
(medical radiocommunication systems).

\(ii\) After \[**insert the effective date of this Report and Order**\],
new operations on the frequency 163.250 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, 2013. After January 1, 2013, stations that
use the frequencies 150.775 MHz, 150.790 MHz, or 163.250 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: Final Regulatory Flexibility Analysis**

As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),[^110] an Initial Regulatory Flexibility Analysis ("IRFA") was
incorporated in the *Notice of Proposed Rule Making* ("NPRM")[^111] in
ET Docket No. 04-243. The Commission sought written public comment on
the proposals in the NPRM, including comment on the IRFA. No written
public comments were received concerning the initial regulatory
flexibility analysis. This present Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.[^112]

**A. Need for, and Objectives of, the Report and Order.**

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 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 has
revised 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 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. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA.**

There were no comments filed that specifically addressed the rules and
policies addressed in the IRFA.

**C. Description and Estimate of the number of Small Entities to Which
the Final 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 rules adopted herein.[^113] 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 the Small Business Act, unless the
Commission has developed one or more definitions that are appropriate
for its activities.[^114] 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).[^115]

A small organization is generally \"any not-for-profit enterprise which
is independently owned and operated and is not dominant in its
field.\"[^116] Nationwide, there are approximately 1.6 million small
organizations.[^117] \"Small governmental jurisdiction\" generally means
\"governments of cities, counties, towns, townships, villages, school
districts, or special districts, with a population of less than
50,000.\"[^118] As of 1997, there were approximately 87,453 governmental
entities in the United States.[^119] This number includes 39,044 county
governments, municipalities, and townships, of which 37,546
(approximately 96.2%) have populations of fewer then 50,000 and 1,498
have populations of 500,000 or more. Thus, we estimate the number of
small governmental jurisdictions overall to be approximately 84,098 or
fewer.

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.[^120]
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.[^121]

The final rules adopted in this R&O 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 R&O.

[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) five licensees are authorized to operate 83 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 actions.

[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 510 licenses for the frequency 150.775 MHz and 424 licenses for
the frequency 150.790 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 524 licenses for the frequency
163.250 MHz. By Commission Rule, the frequency 163.250 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.

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

The final rules require that:

-   PLMR licensees employing wideband channels for Hydro, Forest
    Firefighting and Conservation, and public safety operations modify
    or discontinue operations if, after \[**insert the effective date of
    this Report and Order\]**, 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;

-   PLMR applicants requesting authority to operate Hydro, Forest
    Firefighting and 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.

**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.[^122]

So long as incompatibilities are not created with Federal narrowband
operations, we are permitting incumbent licensees to use existing
equipment until January 1, 2013. We are requiring that the 9 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 are grandfathering those incumbent stations that operate on the
frequencies 150.7825 MHz and 150.7975 MHz indefinitely. We are exempting
equipment designed for use in the Federal bands from our current 6.25
kHz equipment certification requirement.

**Report to Congress:** The Commission will send a copy of the Report
and Order, including this FRFA, in a report to Congress and the
Government Accountability Office, pursuant to the Congressional Review
Act.[^123] In addition, the Commission will send a copy of the Report
and Order, including the FRFA, to the Chief Counsel for Advocacy of the
SBA. A copy of the Report and Order and FRFA (or summaries thereof) will
also be published in the Federal Register.[^124]

**Appendix C: List of Commenting Parties**

[Comments (due September 2, 2004)]{.underline}:

1\. ADCOMM Engineering (ADCOMM)

2\. International Municipal Signal Association (IMSA) and the
International Association of Fire Chiefs, Inc. (IAFC)

3\. LoJack Corporation (LoJack)

4\. Thurston County, Washington Department of Communications (CAPCOM)

5\. Valley Communications Center (VALLEY COM)

6\. Yamhill Communications Agency

[Reply Comments (due September 17, 2004)]{.underline}:

None were received.

[^1]: 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 MHz, and 406.1-420 MHz Bands that are
    Allocated for Federal Government Use, ET Docket No. 04-243, *Notice
    of Proposed Rulemaking*, 19 FCC Rcd 12690 (2004).

[^2]: We use the term "162-174 MHz band" for convenience and do not
    intend to suggest that we are modifying herein the Commission's
    narrowbanding procedures for the 173.2-173.4 MHz band, which is
    allocated for exclusive non‑Federal use.

[^3]: 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). NTIA 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,* May 2003
    Edition including the September 2004 Revision (*NTIA Manual*).

[^4]: 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
    Memorandum Opinion and Order*); 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); *Third Memorandum Opinion and Order and
    Third Further Notice of Proposed Rule Making*, WT Docket No. 99-87
    and RM-9332, FCC 04-294, 19 FCC Rcd 25120 (2005) (*Narrowbanding
    Third MO&O*).

[^5]: Prior to a recent Commission action, the narrowbanding deadline
    for licensees of frequencies in the Public Safety Radio Pool was
    January 1, 2018. See para. 27, *infra*.

[^6]: Because 36 of the PLMR channels in the Federal bands are licensed
    on the condition that harmful interference (*i.e.*, interference
    which endangers the functioning of a radionavigation service or of
    other safety services or that seriously degrades, obstructs, or
    repeatedly interrupts a radiocommunication service operating in
    accordance with the International Telecommunication Union's *Radio
    Regulations*; s*ee* 47 CFR § 2.1(c)) is not caused to Federal
    operations (that is, these 36 PLMR channels operate on secondary
    basis), it is particularly vital that we account for the Federal
    narrowbanding efforts in this spectrum.

[^7]: ERP (alternatively, "e.r.p.") in a given direction is the product
    of the power supplied to the antenna and its relative gain to a
    half-wave dipole in a given direction. 47 C.F.R. § 2.1.

[^8]: 47 C.F.R. § 2.106. The footnotes are US8, US11, US13, US216,
    US223, US300, and US312. In the Table of Frequency Allocations,
    United States ("US") footnotes denote stipulations that are
    applicable to both Federal and non-Federal operations in a
    particular frequency band.

[^9]: 47 C.F.R. § 2.106, footnote G30; *see also* NTIA Federal
    Long-Range Spectrum Plan, September 2000, page 68.

[^10]: 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*).

[^11]: 47 C.F.R. § 2.106, footnote US216.

[^12]: *See Refarming Report and Order* at Appendix F.

[^13]: Except as otherwise provided for in § 2.102, the assignment and
    use of frequencies must be in accordance with the Table of Frequency
    Allocations in § 2.106. 47 C.F.R. § 2.102(a). Operations that are
    not in accordance with the Table of Frequency Allocations -- such as
    those operating on the frequencies 150.7825 MHz and 150.7975 MHz --
    may not cause harmful interference to Government stations. 47 C.F.R.
    § 2.102(c)(3).

[^14]: *See NTIA Manual* at Section 5.3.5.2, which is titled "Standards
    for Fixed and Mobile Analog or Digital FM/PM Narrowband Operations
    (138-150.8, 162-174 and 406.1-420 MHz)."

[^15]: Prior to a recent NTIA action, the fixed and mobile services in
    the bands 162.0125-173.2, 173.4-174, and 406.1‑420 MHz were
    allocated on a primary basis to the Federal non-military agencies.
    47 C.F.R. § 2.106, footnote G5. However, NTIA has revised footnote
    G5 to read as follows: "In the bands 162.0125-173.2, 173.4-174,
    406.1‑410 and 410-420 MHz, use by the military services is limited
    by the provisions specified in the channeling plans shown in
    Sections 4.3.7 and 4.3.9 of the NTIA Manual." *See NTIA Manual* at
    pages 4.1.3. Sections 4.3.7 and 4.3.9 state that the use of these
    bands by the military services is limited to non-tactical or
    intra-base operations and by certain provisions. Because footnote G5
    applies only to Federal agencies (§ 2.105(d)(5)(iv)) and because the
    Commission's Rules are explicit that the Federal Government Table is
    included in Section 2.106 for informational purposes only
    (§ 2.105(d)(3)), the notice and comment requirements of the
    Administrative Procedures Act do not apply when a Federal Government
    footnote is modified. Therefore, we are updating footnote G5 in the
    list of Federal Government footnotes. See Appendix A. 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. 47 C.F.R.
    § 2.106, footnote 5.226. *See* January 14, 2005 letter from Fredrick
    R. Wentland, NTIA, to Edmond J. Thomas, FCC.

[^16]: *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.

[^17]: 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* at Section 4.3.7, which is titled "Channeling Plan for
    Assignments in the Band 162-174 MHz (12.5 kHz Plan)."

[^18]: There are limited exceptions. 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.

[^19]: Specifically, wideband assignments for new Federal stations will
    not be authorized. Renewals for wideband Federal assignments were to
    be granted up to January 1, 2005, at which time, all Federal
    assignments have been required to be narrowbanded. Federal wideband
    assignments may continue to be authorized with an approved waiver.
    Requests for waivers were to be submitted to the Frequency
    Assignment Subcommittee (FAS) for approval by NTIA no later than
    July 1, 2004. NTIA will approve waivers only were it can be
    determined that the goal of the Federal agencies to narrowband is
    not being impeded. Since January 1, 2005, Federal systems operating
    on wideband assignments without waivers operate on a
    non-interference basis. *See NTIA Manual* at Section 4.3.7.

[^20]: *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. In its revised Hydro channel
    plan for the 169-172 MHz band, NTIA made 16 additional channels
    available and removed three previously available channels.

[^21]: NTIA has recently revised footnote G5 to state that, in the band
    406.1-420 MHz, use by the military services is limited by the
    provisions specified in the channeling plans shown in Sections 4.3.7
    and 4.3.9 of the *NTIA Manual,* which in term state that the use of
    these bands by the military services is limited to non-tactical or
    intra-base operations and by certain provisions. In this action, we
    are updating footnote G5 in the Commission's Rules. See note Error:
    Reference source not found, *supra.* In addition, NTIA permits
    military tactical fixed and mobile operations to be conducted
    nationally on a secondary basis to the RAS. 47 C.F.R. § 2.106,
    footnote G6.

[^22]: 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.

[^23]: 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. Even if a waiver is
    approved, the assignment may be revoked within 180 days of a formal
    notice, under certain conditions. *See NTIA Manual* at Section
    4.3.9, Conditions and Limitations 1.c. Similar waiver procedures for
    the 162-174 MHz band are currently being considered by NTIA.

[^24]: *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. In its revised Hydro channel
    plan for the 406.1-420 MHz band, NTIA made seven additional channels
    available and removed three previously available channels.

[^25]: *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.

[^26]: 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. *See Refarming Report and Order*, 10 FCC Rcd at
    10108, para. 57, n. 116. *See also* 47 C.F.R. § 90.203(j)(7).

[^27]: *Refarming Report and Order*, 10 FCC Rcd at 10099, para. 38.
    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.

[^28]: *Refarming Memorandum Opinion and Order*, 11 FCC Rcd at 17717.
    The maximum authorized bandwidth for transmitters used for SVRS on
    173.075 MHz is 20 kHz. 47 C.F.R. §§ 90.203(j)(9), 90.20(e)(6).

[^29]: *Narrowbanding Second Report and Order*, 18 FCC Rcd at 3038,
    para. 12.

[^30]: 47 C.F.R. § 90.209(b)(6). This policy was also to apply to
    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.

[^31]: Implementation of Sections 309(j) and 337 of the Communications
    Act of 1934 as Amended, *Order*, 18 FCC Rcd 25491 (2003).

[^32]: See note Error: Reference source not found, *supra.* Comments
    were due on September 2, 2004; and reply comments were due on
    September 17, 2004. *See* 69 FR 46462 (August 3, 2004).

[^33]: See Appendix C for the list of commenting parties.

[^34]: The equivalent technology standard permits the use, manufacture,
    and importation of equipment operating on channel bandwidths up to
    25 kHz, to the extent that the equipment meets the spectrum
    efficiency standard of one channel per 12.5 kHz of channel bandwidth
    (voice) or 4800 bits per second per 6.25 kHz (data).

[^35]: *NPRM* at paras. 3 and 19.

[^36]: *NPRM* at note 45.

[^37]: *NPRM* at paras. 3, 41, and 42.

[^38]: *NPRM* at para. 21. "Hydro Committee" is the common name for the
    Hydrological Radio Frequency Coordination Group within the
    Department of Commerce, which administers the national hydrological
    data collection activities conducted by users of these frequencies.

[^39]: The Commission also authorizes SVRS operations, which transmit on
    the frequency 173.075 MHz, on a primary basis. We discuss the SVRS
    channel in paras. 47-50, *infra.*

[^40]: The use of the frequencies 150.775 MHz and 150.790 MHz is limited
    to mobile stations in column 2 (titled "class of station") of the
    Public Safety Frequency Table. 47 C.F.R. § 90.20(c)(3). Base
    stations may also be authorized to operate, but only on a secondary
    basis. *See* note 67, *infra*.

[^41]: 47 C.F.R. § 90.20(c)(3), (d)(13) and (d)(30).

[^42]: *NPRM* at 39. In the *Narrowbanding Third MO&O*, we advanced the
    mandatory migration date for licensees in the Public Safety Radio
    Pool to January 1, 2013. Previously, in the *Narrowbanding Second
    R&O*, we had established deadlines of January 1, 2018 for licensees
    of the Public Safety Radio Pool and January 1, 2013 for licensees in
    the Industrial/Business Radio Pool for mandatory migration to
    narrowband technology for PLMR systems in the 150-174 MHz and
    421-512 MHz bands.

[^43]: *NPRM* at para. 42.

[^44]: *NPRM* at para. 3, first bullet.

[^45]: *NPRM* at para. 12. The requirement is codified at 47 C.F.R. §
    90.203(j)(5).

[^46]: ADCOMM Comments at 5; Thurston County Department of
    Communications (CAPCOM) Comments at 5; Valley Communications Center
    (VALLEY COM) Comments at 5. The 152 MHz Paging Commenters state that
    many first responders and their associated dispatch centers have
    begun to implement their own alphanumeric paging systems because
    commercial paging providers have been unable to guarantee the
    speed-of-paging requirements and network reliability requirements
    demanded by critical safety providers. *See* ADCOMM Comments at 2,
    CAPCOM Comments at 2, and VALLEY COM Comments at 2.

[^47]: Yamhill Comments at 3. *See also* ADCOMM Comments at 5 (asking
    that we not narrowband this frequency).

[^48]: *See* IMSA/IAFC Comments at 4-5. At the time IMSA/IAFC filed its
    comments, the Commission's narrowbanding plan would have permitted
    existing Public Safety licensees to operate on wideband channels
    until 2018.

[^49]: *Narrowbanding Third MO&O* at para. 13.

[^50]: *See supra* para. 18; *Narrowbanding Third MO&O* at 30.

[^51]: *See Narrowbanding Third MO&O* at 34. (noting that the paging
    channel at 163.250 MHz is in a Federal band); In the *Narrowbanding
    Third Further NPRM*, we sought comment on a Petition to Defer the
    enforcement of Section 90.203(j)(5) for the 150.8-162.0125 MHz,
    173.2-173.4 MHz, and 421-512 MHz bands, which are non-Federal bands.
    We stayed the January 1, 2005 deadline for filing applications for
    new wideband systems in Section 90.203(j)(5).

[^52]: For convenience, we will use "406-512 MHz," instead of 406.1-420
    MHz and 421-512 MHz in subsequent text and in the final rules.
    However, no licensees are listed in the Commission's Universal
    Licensing System database for the 420-421 MHz portion of this band.

[^53]: The Commission's Rules are explicit on the relationship between
    stations operating on a primary and secondary basis. Specifically,
    stations of a secondary service: (i) Shall not cause harmful
    interference to stations of primary services to which frequencies
    are already assigned or to which frequencies may be assigned at a
    later date; (2) Cannot claim protection from harmful interference
    from stations of a primary service to which frequencies are already
    assigned or may be assigned at a later date; and (iii) Can claim
    protection, however, from harmful interference from stations of the
    same or other secondary service(s) to which frequencies may be
    assigned at a later date. 47 C.F.R. § 2.105(c)(2).

[^54]: *See NTIA Manual* at § 4.3.7 at the Conditions and Limitations
    that apply to wideband operations.

[^55]: Doing so will harmonize non-Federal use with Federal use to
    permit greater spectrum efficiency, but will also provide migration
    time to existing MED channels licensees. As we noted in the *NPRM*,
    narrowband equipment has been available for the mobile channels
    (150.775 MHz and 150.790 MHz) for more than eight years. *NPRM* at
    para. 41.

[^56]: In the 150.05-150.8 MHz band, it is unnecessary to address
    secondary operations. In this Federal band, there are only five
    channels that have been licensed for non-Federal use. The three MED
    channels listed in footnote US216 operate on a primary basis and a
    staff review of the 57 licenses that authorize operation on the
    frequencies 150.7825 MHz and 150.7975 MHz found that only narrowband
    channels have been authorized.

[^57]: *Narrowbanding Third MO&O* at 33.

[^58]: We decline to adopt a specific time period (such as 15 years) by
    which this channel will remain wideband, as suggested by some
    commenters. If and when we re-evaluate the channel size, parties
    will have ample opportunity to address any proposals we make.

[^59]: The 163.250 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.
    Transmissions for purpose of activating or controlling remote
    objects are not permitted. *See* 47 C.F.R. § 90.20(d)(13) and (30).

[^60]: Although Yamhill suggested that we employ a 2018 cut-over date,
    we see no reason why we should distinguish this band from other
    Public Safety channel licenses that, pursuant to the decision
    adopted in the *Narrowbanding Third MO&O*, must deploy narrowband
    equipment no later than January 1, 2013.

[^61]: Specifically, we are removing the Federal bands from 47 C.F.R. §§
    90.203(j)(3), (j)(4), and (j)(5). Equipment in the Federal bands
    will be certified under 47 C.F.R. § 90.203(j)(2).

[^62]: We also briefly discuss use of the non-Federal channel paging
    channel 150.0075, a channel that we have decided, *supra*, not to
    narrowband.

[^63]: Until recently, the Commission used the terms "Government" and
    "non-Government." Because the Commission licenses state and local
    governmental entities, we are now using the terms "Federal
    Government" and "non-Federal Government." After introducing these
    terms, we shorten them to "Federal" and "non-Federal." Footnote
    US216 uses the old style and thus authorizes
    "Government/non-Government operations in medical radiocommunications
    systems."

[^64]: Footnote US216 also provides for MED Channel use on three
    non-Federal bands, of which only the frequency 152.0075 MHz is
    affected by this proceeding. As discussed *supra*, we are not
    narrowbanding the channel 152.0075.

[^65]: 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. The Public Safety Pool Frequency Table is codified
    at 47 C.F.R. § 90.20(c)(3). The 500 watt limit is contained in
    Section 90.205(d) of its Rules, which sets forth power and antenna
    height limits for the 150-174 MHz band. At 15 meters (49.21 feet)
    HAAT and greater, table 1 limits non-Federal licensees to 500 watts
    ERP, and sets forth additional height requirements based on the
    licensee's service area radius.

[^66]: Additionally, base stations may be authorized to operate on a
    secondary basis on frequencies below 450 MHz which are available to
    mobile stations. 47 C.F.R. § 90.173(h).

[^67]: 47 C.F.R. § 90.20(c)(3), limitations 13 and 30; and 47 C.F.R. §
    90.20(d)(13) and (30). Specifically, these frequencies are
    authorized a channel bandwidth of 25 kHz notwithstanding §§ 90.203
    and 90.209.

[^68]: *NTIA Manual* at Section 4.3.11. We note that, in the *NTIA
    Manual*, the use of the frequencies 152.0075 MHz and 163.250 MHz is
    limited to "base" stations, which may be authorized only for one-way
    paging communications to mobile receivers and not for the purpose of
    activating or controlling remote units. Thus, our use restrictions
    for these frequencies effectively mirror NTIA's limitations.

[^69]: 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, and limited to 2.5 watts. *1974
    Medical Radiocommunications Systems Report and Order* at para. 38;
    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 to portable hand-held devices 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 and 26 (*EMRS R&O*).

[^70]: In order to ensure the various Federal and non-Federal users of
    this spectrum continue to enjoy interference-free operations, and at
    the request of NTIA, we are working to add information regarding our
    existing licensees to the records that NTIA maintains as part of the
    coordination process, and to coordinate new licenses issued in the
    band.

[^71]: IMSA/IAFC Comments at 4.

[^72]: Yamhill Comments at 3.

[^73]: VALLEY COM Comments at 5; CAPCOM Comments at 5; ADCOMM Comments
    at 5.

[^74]: IMSA/IAFC Comments at 5.

[^75]: See para. 7, *supra*, where we discuss the current usage
    designation of these 57 licenses.

[^76]: The Commission recently expanded the number of 460 MHz MED
    channels from ten frequency pairs to 40 frequency pairs. This was
    done by using a 6.25 kHz spacing between the center frequencies,
    which allowed us to add three new MED channels between the existing
    center frequencies. 47 C.F.R. § 90.20(d)(65) and (66).

[^77]: IMSA/IAFC Comments at 3.

[^78]: *Id*. at 3-4.

[^79]: In addition, we have authorized control stations and base
    stations with an output power in range of 45-60 watts ERP. In
    conducting this overview study on October 14, 2004, the staff
    reviewed many (but not all) of the call signs that authorize the use
    of the Public Safety channels.

[^80]: We do not believe that there currently is any Public Safety
    airborne use on these channels.

[^81]: 47 C.F.R. § 90.20(d)(19).

[^82]: 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.

[^83]: 47 C.F.R. §§ 90.20(c)(3), 90.20(e)(6). Applications for base
    stations are coordinated with NTIA.

[^84]: *See* LoJack Comments at 3. In its most recent filing before the
    Commission, a Petition for Rulemaking (Petition) filed on October
    25, 2004, LoJack claims that its SVRS currently has more than 3
    million installed vehicle location units, more than 11,000 vehicle
    tracking units, and 125 base stations. Although we do not address
    the merits of LoJack's Petition in the instant decision, we note it
    insofar that represents LoJack's most current description of its
    SVRS system.

[^85]: *NPRM* at para. 45.

[^86]: *See* Comments of LoJack Corporation at 1.

[^87]: *Id.* at 3. LoJack estimates the vehicles on which its devices
    are installed are on the road for an estimated period of 10 years.
    Thus, the extended implementation period for a narrowband SVRS
    channel would account for a normal transition cycle and would avoid
    the possibility that most consumers would have to return and replace
    vehicle-installed equipment in order to maintain SVRS service. We
    note that LoJack has raised additional issues, as part of its
    Petition for Rulemaking, that are outside the scope of this
    proceeding and that we do not address herein. Moreover, numerous law
    enforcement entities have filed comments supportive of LoJack's
    Petition for Rulemaking, some of which appear both in the record
    associated with the rulemaking -- RM-11135 --and the docket of this
    proceeding. We do not address those filings herein, with one
    exception: to the extent that some commenters express support for a
    fourteen year transition period for LoJack, we note that we are
    adopting a transition plan that is consistent with those *ex parte*
    comments.

[^88]: LoJack previously estimated that it will need to replace 2,000
    police tracking computers, 125 base stations and 125 uplink
    receivers. LoJack Comments at 4. LoJack's description in its October
    25, 2004 Petition of its vehicle location units located in motor
    vehicles, vehicle tracking units located in police vehicles, and
    base stations licensed to law enforcement agencies suggests that the
    amount of equipment it would need to replace has subsequently grown.

[^89]: *Id.* at 6.

[^90]: Because LoJack's mobile units, by their nature and deployment,
    cannot be readily coordinated with NTIA, the new adjacent narrowband
    frequencies of 173.0625 MHz and 173.0875 MHz necessarily cannot be
    used at this time. The ten years allotted for the installation of
    new equipment (once it has been developed and tested), discussed
    *supra*, will provide sufficient time for existing wideband
    vehicle-based equipment largely to be replaced with new narrowband
    vehicle-based equipment. The technical specifications for SVRS
    operations are listed in Section 90.20(e)(6) of our Rules.

[^91]: These operations consist of fixed stations in the 169-172 MHz and
    406-416 MHz bands, the emissions of which are used for the automatic
    transmission of either hydrological or meteorological data, or both.
    *See* 47 C.F.R. § 90.265(a). The National Oceanic and Atmospheric
    Administration (NOAA) and other Federal agencies use frequencies
    within the bands for hydrological and meteorological data collection
    with authorized non-Federal users of the Hydro channels, consisting
    of state and local governments and Industrial/Business Pool users,
    supplementing NOAA's data collection activities 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.

[^92]: 47 C.F.R. § 90.265(a) *See also* 47 C.F.R. § 90.265(a)(2)
    (conditioning assignment of these frequencies "on a secondary basis
    to Federal Government stations").

[^93]: The center frequencies of the new channels are 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. The plan does not recognize the three
    previously grandfathered channels (169.575 MHz, 170.375 MHz, and
    171.975 MHz.).

[^94]: The center frequencies of the new channels are 412.6625 MHz,
    412.6875 MHz, 412.7125 MHz, 412.7375 MHz, 412.7625 MHz, 415.125 MHz,
    and 415.175 MHz.

[^95]: *NPRM* at paras. 17-23.

[^96]: 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.

[^97]: *NPRM* at 50.

[^98]: Non-Federal applicants are required to prior-coordinate their
    requests through the Hydro Committee before submitting an
    authorization request to the Commission, pursuant to the procedures
    contained in Section 90.265 of our Rules. *NTIA Manual* at Section
    8.3.6, paragraph 4.a; 47 C.F.R. § 90.265(a)(4).

[^99]: 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. WPXX663 is a good
    example of a new narrowband channel. This 169.425 MHz Hydro channel
    was licensed July 26, 2003, with an authorized bandwidth of 11 kHz.

[^100]: *See supra* paras. 29 (describing when all new operations must
    operate on narrowband channels and describing a waiver process for
    licensees wanting to operate new wideband operations after those
    dates); 31 (setting dates by which existing operations must
    transition to narrowband channels); and 33 (noting that secondary
    operations must be prepared to narrowband or cease operation once
    new Federal operations begin using the band).

[^101]: In the 169-172 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. There are no non-Federal
    licensees operating on the other two channels in the band. A total
    of nine non-Federal licensees are authorized to operate fixed
    stations on the three 406-416 MHz band channels, as follows: (1) 83
    fixed stations at 409.675 MHz; (2) ten fixed stations at 409.725
    MHz; and (3) 97 fixed stations at 412.625 MHz. 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.

[^102]: See Appendix A, Section 90.265(a). We are also updating Section
    90.20 of our Rules to reflect the fact that Hydro channels are
    available to Public Safety Pool eligibles, such as state and local
    governments; revising the Industrial/Business Pool Frequency Table
    in Part 90 of our Rules to reflect the 406-416 MHz band in which
    Hydro channels will now be available; and amending, in concurrence
    with NTIA, footnote US13 of Section 2.106 to incorporate the new
    band plan.

[^103]: Limiting transmitter output power of stations in the fixed and
    mobile services operating in the 406.1-410 MHz band to 125 watts, as
    proposed in the *NPRM*, should not affect existing licensees in the
    band. A review of our licensing records conducted on June 24, 2004
    indicates 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.

[^104]: 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. Two of these channels --
    172.275 MHz and 171.475 MHz -- are further limited in that they may
    also be used by non-Federal conservation agencies for mobile relay
    operation.

[^105]: 47 C.F.R. § 90.20(c)(3). There are 21 licensees authorized to
    use the forest firefighting/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.

[^106]: 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.

[^107]: *See* IMSA/IAFC Comments at 2 & 6.

[^108]: *Id.* at 6-8. IMSA/IAFC also notes that lack of funding sources
    could make it particularly difficult for local and state public
    safety agencies to migrate to narrowband channels quickly. *Id.* at
    9-10.

[^109]: IMSA/IAFC comments at 7.

[^110]: *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).

[^111]: 19 FCC Rcd 12690, 2004, ET Docket No. 04-243.

[^112]: 5 U.S.C. § 604.

[^113]: *Id*. at § 604(a)(3).

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

[^115]: *Id*. at § 632.

[^116]: 5 U.S.C. § 601(4).

[^117]: Independent Sector, The New Nonprofit Almanac and Desk Reference
    (2002).

[^118]: 5 U.S.C. § 601(5).

[^119]: U.S. Census Bureau, Statistical Abstract of the United States:
    2000, Section 9, pages 299-300, Tables 490 and 492.

[^120]: *See* 13 CFR § 121.201, NAICS code 517212.

[^121]: *See generally* 13 CFR. § 121.201.

[^122]: 5 U.S.C. § 603(c).

[^123]: *See* 5 U.S.C. § 801(a)(1)(A).

[^124]: *See* 5 U.S.C. § 604(b).