Before the

**Federal Communications Commission**

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

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| In the Matter of                 | * | WT Docket No. 01-146[^1]     |
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| Amendment of Part 90 of the      | ) | RM-9966                      |
| Commission's Rules and Policies  | * |                              |
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| of Low Power Operations in the   |   |                              |
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| 450-470 MHz Band                 | * |                              |
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**NOTICE OF PROPOSED RULE MAKING**

**Adopted:** July 2, 2001 **Released:** July 24, 2001

**Comment date: \[30 days from date of publication in the Federal
Register\]**

**Reply comment date: \[60 days from date of publication in the Federal
Register\]**

By the Commission:

Table of Contents

Heading Paragraph

I. introduction 1

II\. background 2

III\. DISCUSSION 6

A. Current Low Power Plan (450-470 MHz Band) 6

B. LMCC Petition (Consensus Plan) 7

1\. Low Power Industrial/Business Pool (450-470 MHz Band) 12

2\. Low Power Public Safety Pool 28

C. Miscellaneous Matters 29

IV\. CONCLUSION 33

V. procedural matters 34

A*.* *Ex Parte* Rules \-- Permit-but-Disclose Proceeding 34

B. Initial Regulatory Flexibility Analysis 35

C. Alternative Formats 36

D. Pleading Dates 37

E. Contact for Information 40

VI\. Ordering clauses 41

# introduction

1.  On September 11, 2000, the Land Mobile Communications Council
    (LMCC)[^2] filed a Petition for Rule Making requesting the
    commencement of a proceeding to consider revisions to the
    Commission's Rules and policies for low power, *i.e.*, two watt,
    operations in the 450-470 MHz band.[^3] This *Notice of Proposed
    Rule Making* seeks comment on the proposals set forth in the LMCC's
    Petition as well as other matters related to low power operations in
    the private land mobile radio (PLMR) 450-470 MHz band.

# background

2.  The Commission has permitted PLMR users in the 450-470 MHz band to
    be licensed for low power operations---on frequencies 12.5 kHz
    offset from regularly assignable 25 kHz frequencies often referred
    to as "offset channels"---for almost thirty years.[^4] During this
    time, these offset channels have been heavily used for certain low
    power operations such as medical telemetry and remote operation of
    heavy machinery.[^5] However, to promote the more efficient use of
    regularly assignable PLMR spectrum below 512 MHz, the Commission
    adopted a new band plan in 1995 under which these 12.5 kHz channels
    are no longer considered offset channels.[^6] Rather, they are
    regularly assignable channels for high power operations on a primary
    basis.[^7]

3.  In adopting the 1995 band plan, the Commission recognized a
    continuing need for low power operations and provided the frequency
    coordinators with the authority to identify specific 12.5 kHz
    channels to be reserved for low power use.[^8] In light of their
    displacement by high power operations, the Commission gave existing
    low power licensees the option of increasing power on their licensed
    channel, unless the FCC-certified PLMR frequency coordinators
    designated it for low power use.[^9] The Commission also decided
    that low power licensees that elected to remain on, or move to, a
    coordinator-designated low power channel would be elevated to
    primary status upon providing their station coordinates to the
    Commission.[^10] Before the 1995 band plan rules took effect,
    however, the Commission granted a request to freeze the acceptance
    of high power applications for the former 12.5 kHz offset
    channels.[^11] The Commission adopted the filing freeze in order to
    prevent high power applicants from interfering with existing low
    power operations until the frequency coordinators had developed a
    low power channel plan and it established a migration period for
    those low power users licensed on channels not designated for low
    power use.[^12]

4.  In 1997, the Commission consolidated the twenty PLMR services below
    512 MHz, including the low power channels, into two pools--a Public
    Safety Pool and an Industrial/Business Pool.[^13] The Commission
    confirmed the importance of low power channels and gave the
    frequency coordinators until October 17, 1997, to develop a
    consensus plan identifying specific frequencies for low power
    operations in the two pools.[^14] In response, the LMCC filed a Low
    Power Consensus Plan (Consensus Plan) in June 1997[^15] that
    identified specific frequencies for low power use, but the plan also
    included several provisions that could not be implemented without
    changes to the Commission's Rules. In August 1997, the LMCC refiled
    a portion of the Consensus Plan that did not require rule
    changes.[^16] Specifically, the Low Power Plan listed ninety
    Industrial/Business Pool channel pairs and fourteen Public Safety
    Pool channel pairs to be designated for low power use. The
    Commission, however, deferred a decision on acceptance of the Low
    Power Plan until it resolved the issue of possible interference to
    medical telemetry devices using these frequencies.[^17]

5.  On June 8, 2000, the Commission adopted a *Report and Order*
    establishing the Wireless Medical Telemetry Service (WMTS) and
    allocating fourteen megahertz of spectrum in the 608-614 MHz,
    1395-1400 MHz, and 1429-1432 MHz bands for medical telemetry
    use.[^18] In making this allocation, the Commission's goal was to
    provide spectrum where medical telemetry equipment can operate
    without interference, but also to encourage medical telemetry users
    to eventually migrate out of the current bands, including the
    450-470 MHz band.[^19] Thereafter, on June 29, 2000, the Wireless
    Telecommunications Bureau (WTB) announced the acceptance of the
    LMCC's Low Power Plan.[^20]

# DISCUSSION

## Current Low Power Plan (450-470 MHz Band)

6.  Section 90.267 of the Commission's Rules provides that any regularly
    assignable channel in the 450-470 MHz PLMR band may be designated by
    the frequency coordinators as a low power channel in a defined
    geographic area.[^21] Low power stations authorized under this
    Section are limited to two (2) watts output power.[^22] The Low
    Power Plan accepted by WTB designated 104 "12.5 kHz offset" channel
    pairs (hereinafter "channel pairs") for low power operation
    nationwide--ninety in the Industrial/Business Pool and fourteen in
    the Public Safety Pool.[^23] Additionally, the LMCC designated the
    6.25 kHz "drop in" channels directly adjacent to each designated
    12.5 kHz channel.[^24] We note that the licensing mechanism for all
    of these channels--which are PLMR frequencies below 470 MHz--was not
    affected by the Commission's recent implementation of the Balanced
    Budget Act of 1997, which expanded the Commission's obligation to
    award certain initial licenses by auction.[^25]

## LMCC Petition (Consensus Plan)

7.  Because the Commission delegated to the frequency coordinators the
    identification of specific channels for low power use, the LMCC's
    Petition[^26] carries forward the portions of the LMCC's Consensus
    Plan that were beyond the scope of the Commission's delegation.
    Specifically, the LMCC contends that the wide variety of low power
    operations deployed in the PLMR community require rules that permit
    different types of operations on the low power channels. In this
    connection, it proposes that we divide the low power
    Industrial/Business Pool channels into groups with different
    technical and coordination requirements. It also requests changes to
    the Part 90 rules to allow certain operations to exceed two watts,
    including revisions to Section 90.267's technical limitations that
    govern low power channels in the Public Safety Pool to allow
    designated channel pairs to be licensed for up to five watts.[^27]
    These proposals--described in further detail below, and which
    require revisions to the Commission's Rules--serve as the basis for
    this *Notice of Proposed Rule Making*.

8.  In support of its proposal, the LMCC notes that industrial
    operations, manufacturing plants, and some businesses use the low
    power channels for in-plant and on-campus communications, including
    both voice and remote control of heavy machinery.[^28] For these
    types of operations, according to the LMCC, site-specific
    coordination provides some degree of interference protection in a
    shared operating environment.[^29] The LMCC further notes that a
    slightly higher power would be helpful in industrial and
    manufacturing complexes where there are often hostile radio
    environments.[^30] On the other hand, the LMCC points out that low
    power equipment is also regularly employed in the construction
    industry,[^31] wherein radio operations are often itinerant.[^32]
    The LMCC notes that site-specific coordination provides little
    benefit to these users.[^33] Accordingly, the LMCC recommends that
    the Part 90 rules governing low power operations in the 450-470 MHz
    band be changed to take into account the different types of
    industrial and business low power operations.[^34] The Commission
    authorized the frequency coordinators to designate low power
    channels because it is assumed that coordinators have knowledge of
    specific user requirements and local conditions.[^35] In this
    connection, we believe that adopting the rule revisions described
    herein would serve the public interest by addressing the diverse
    needs of various categories of PLMR users.

9.  As an initial matter, we address the LMCC's recommended increases in
    the power limitation on certain frequencies.[^36] Specifically, the
    LMCC states that certain frequencies should have an "effective
    radiated power (ERP) limitation higher than the 2-watt limitation
    ordinarily imposed by Section 90.267."[^37] The LMCC also requests
    that, on certain frequencies, mobile units be allowed to operate
    with a maximum of 5 watts ERP and base stations be allowed to
    operate with a maximum of 20 watts ERP.[^38] The LMCC further
    recommends maintaining the current 2-watt ERP limitation on the
    remaining frequencies.[^39] We note, however, that Section 90.267 of
    the Commission's Rules limits maximum power in terms of transmitter
    output power (TPO) rather than ERP.[^40] Because the LMCC states in
    its Petition that certain frequencies should be allowed a "higher
    power limitation than ordinarily imposed" by the Commission's Rules,
    we believe the LMCC's recommendation to retain the 2-watt limit for
    some channels and increase it to 5 watts on other channels was made
    relative to the existing rule.

10. *Mobiles*. Generally, ERP limits are preferable to TPO limits
    because ERP more accurately defines the actual operating power of
    the radio system by measuring the TPO plus antenna gain minus any
    loss factors. However, in this case, changing from a TPO standard to
    an ERP standard could actually \"decrease\" rather then \"increase\"
    the power limitation, contrary to the LMCC's overall recommendation.
    Moreover, existing operations would have to be converted or
    grandfathered and end users would have to procure an ERP calculation
    each time an antenna is replaced. In this connection, we note that
    the use of gain-adding antennas with mobile units is a practice that
    has been and continues to be allowed. By attaching a gain-adding
    antenna, a licensee could operate with a TPO of 2 watts but an ERP
    of greater than 5 watts. Specifically, existing licensees that use
    gain-adding antennas with their 2 watt TPO mobile units could be
    rendered non-compliant if we changed the rule to limit mobile units
    to 5 watts ERP. Therefore, we believe that instituting a 5 watt ERP
    limit for mobile units would be a more restrictive power limitation
    than the current 2 watt TPO limit. Thus, in this *Notice of Proposed
    Rule Making*, we restate the Petition's 2-watt and 5-watt
    recommendations in terms of TPO. We tentatively conclude that using
    TPO as a means of measurement for mobile units best serves the
    public interest. We seek comment on these tentative conclusions and
    our approach in analyzing the LMCC's suggested power limitations.

11. *Fixed operations*. We believe that the Petition's recommended
    higher power limit of 20 watts ERP for base/fixed operations on
    certain channels does not introduce the same level of concern
    regarding conversion, grandfathering, and end user ERP calculations.
    Unlike the 2-watt and 5-watt limits for mobiles, defining the
    20-watt limit for base stations in ERP does not defeat the LMCC\'s
    proposal to provide a slightly higher power option for operations
    that need to overcome \"hostile radio environments\" caused by heavy
    machinery, such as those in industrial and manufacturing complexes.
    Moreover, expressing a 20-watt power limit for base stations in TPO
    would be inappropriate for \"low power channels\" because
    significantly higher-gain antennas can be installed for base/fixed
    operations as compared to mobile/portable antennas (*e.g.*, 15 db
    gain antennas, which could produce an ERP of over 300 watts).
    Consequently, we are not restating, in TPO, the LMCC's proposed
    20-watt ERP limitation for base/fixed operations on certain
    channels. We seek comment on this approach.

### Low Power Industrial/Business Pool (450-470 MHz Band)

12. To address the diversity of low power operations, the LMCC
    recommends dividing the ninety Industrial/Business Pool low power
    channel pairs into four groups as detailed in the following table
    and discussed below.[^41]

The LMCC Low Power Consensus Plan for the Industrial/Business Pool
(450-470 MHz)

+-----------+-------------+-------------------------------------------+
| **[Low    | *           | **[Notes / Limitations]{.smallcaps}**     |
| Power     | *[Frequency |                                           |
| Chann     | Coord       |                                           |
| els]{.sma | ination]{.s |                                           |
| llcaps}** | mallcaps}** |                                           |
+-----------+-------------+-------------------------------------------+
| **Group   | Yes         | > **[40 of 50 channels]{.underline}**     |
| A**       |             | >                                         |
|           |             | > **within 50 miles of top 100 urban      |
| [50       |             | > areas**                                 |
| ch        |             |                                           |
| annel]{.u |             | channels stay in low power plan but with  |
| nderline} |             | higher limits                             |
| pairs for |             |                                           |
| "slightly |             | > • base/fixed stations allowed up to 20  |
| higher"   |             | > watts ERP and antenna height allowed up |
| low power |             | > to 23 meters (75 feet) above ground     |
| use       |             | > level (AGL)                             |
|           |             | >                                         |
|           |             | > • mobiles/portables allowed up to 5     |
|           |             | > watts TPO                               |
|           |             | >                                         |
|           |             | > **outside of top 100 urban areas**      |
|           |             | >                                         |
|           |             | > • channels available for full power     |
|           |             | > operations, *i.e.,*                     |
|           |             | >                                         |
|           |             | > generally a maximum of 500 watts ERP\   |
|           |             | > • up to a reference antenna height      |
|           |             | > above average terrain (HAAT) of 125     |
|           |             | > meters                                  |
|           |             | >                                         |
|           |             | > **[10 of 50 channels]{.underline}**     |
|           |             | >                                         |
|           |             | > **available nationwide** (not just top  |
|           |             | > 100 urban areas)                        |
|           |             | >                                         |
|           |             | > channels stay in low power plan but     |
|           |             | > with higher limits                      |
|           |             | >                                         |
|           |             | > • base/fixed stations allowed up to 20  |
|           |             | > watts ERP and antenna height allowed up |
|           |             | > to 23 meters (75 feet) AGL              |
|           |             | >                                         |
|           |             | > • mobiles/portables allowed up to 5     |
|           |             | > watts TPO                               |
+-----------+-------------+-------------------------------------------+
| **Group   | Yes         | **Non-voice** "data" channels             |
| B**       |             |                                           |
|           |             | > available nationwide (not just top 100  |
| [10       |             | > urban areas)                            |
| ch        |             | >                                         |
| annel]{.u |             | > channels stay in low power plan and     |
| nderline} |             | > under\                                  |
| pairs for |             | > existing 2-watt TPO limit but are       |
| low power |             | >                                         |
| non-voice |             | > • designated for non-voice "data"       |
| use       |             | > operations                              |
|           |             | >                                         |
|           |             | > • voice operations allowed only on a    |
|           |             | > secondary, non-interference basis to    |
|           |             | > non-voice operations                    |
+-----------+-------------+-------------------------------------------+
| **Group   | No          | **Itinerant** use channels                |
| C**       |             |                                           |
|           |             | > available nationwide (not just top 100  |
| [25       |             | > urban areas)                            |
| ch        |             | >                                         |
| annel]{.u |             | > channels are designated for itinerant   |
| nderline} |             | > use, *i.e.*, operation at unspecified   |
| pairs for |             | > locations and varying times             |
| low power |             | >                                         |
| itinerant |             | > • channels stay in low power plan and   |
| use       |             | >                                         |
|           |             | > • under existing 2-watt TPO limit       |
+-----------+-------------+-------------------------------------------+
| **Group   | Yes         | **Central station alarm** channels [as    |
| D**       |             | under current rules]{.underline}          |
|           |             |                                           |
| [5        |             | > three pairs available only for central  |
| cha       |             | > station alarm (CSA) operations in urban |
| nnel]{.un |             | > areas defined under current rule        |
| derline}\ |             | >                                         |
| pairs for |             | > • available for all Industrial/Business |
| central   |             | > Pool eligibles outside defined urban    |
| station   |             | > areas, as under current rules           |
| alarm use |             | >                                         |
|           |             | > two pairs available only for central    |
|           |             | > station alarm (CSA) operations          |
|           |             | > nationwide, as under current rules      |
|           |             | >                                         |
|           |             | > 2 watt TPO limit as under current rule  |
+-----------+-------------+-------------------------------------------+

13. *Group A*. Group A would consist of fifty channels for low power,
    coordinated use.[^42] The maximum power for mobile/portable
    operation would be 5 watts TPO. The maximum power for base or fixed
    station operation would be 20 watts ERP with a maximum antenna
    height of 23 meters (m) (75 feet (ft)) above ground level.[^43] Ten
    of the fifty channels would be available nationwide for low power
    operation within these parameters. The LMCC further proposes having
    forty of the fifty channels available for such low power operation
    in locations within 80 km (50 mi.) of the top 100 urban areas.[^44]
    Outside of these 100 areas, the forty channels would be available
    for full power operation.[^45] Consequently, if we amend Section
    90.267 to allow up to 20 watts on forty channels within the top 100
    urban areas and on the ten channels available nationwide, the LMCC
    will remove the forty channels from the low power
    Industrial/Business Pool in areas outside of the top 100 urban
    areas.[^46] We seek comment on this proposal. We note that one of
    the frequencies proposed by the LMCC to be part of this Group A
    (457.5375 MHz) is currently reserved for cargo operations near
    docks.[^47] Consequently, the use of this frequency would be
    secondary to dockside operations. However, 457.5375 MHz is also
    subject to 47 C.F.R. § 90.35(c)(11), which limits maximum power to 2
    watts TPO, regardless of whether the frequency is designated for low
    power use under Section 90.267, and requires that stations be
    classified and licensed as mobile. The LMCC's proposal calls for
    457.5375 MHz to be available for full power operations except in the
    top 100 urban areas, wherein it would be available for up to 20
    watts with "site specific coordination and licensing."[^48] We ask
    that commenters address whether 457.5375 MHz should, therefore, be
    exchanged for an alternate frequency.

14. Although the sole commenter to the LMCC Petition has expressed
    concern that allowing base stations to operate at 20 watts ERP would
    severely limit frequency re-use on these channels,[^49] we believe
    that it is important to balance the benefits of re-use with the
    benefits of accommodating the diverse low power radio needs
    prevalent among PLMR users. Specifically, we note the LMCC's focus
    on the higher power level (up to 20 watts ERP) for industrial and
    manufacturing complexes. The Group A channels would remain frequency
    coordinated, which provides some assurance that these channels can
    be targeted for appropriate use in urban areas (wherein maximizing
    spectrum re-use is most essential due to spectrum congestion) at
    enclosed industrial and manufacturing complexes that attenuate the
    level of signals, generated inside the complex, that reach outside
    the complex.[^50]

15. Furthermore, we note that operations of up to 100 watts have been
    authorized in the past on the former Special Industrial Radio
    Service "offset" channels, and that agricultural operations
    comprised a significant number of the operations that benefited from
    this distinction.[^51] In this connection, we ask commenters to
    address whether low power designations are useful outside of the top
    100 urban areas, specifically, in rural areas---perhaps for
    agricultural operations that require private radio communications
    over large areas that cannot be covered effectively with two watts.
    Nonetheless, we also seek to balance the benefits of low power
    frequency reuse with the need for sufficient signal levels to cover
    a licensee's operating area. Therefore, we seek comment on whether
    the forty channels should be available for full power operations or
    designated for an intermediate power category (such as 21-100
    watts). Commenters on this issue should also discuss the relevance
    of automatic power control (APC), which is a communications system
    capability that allows the system to automatically adjust the output
    power of mobile and portable transmitters in order to maintain the
    minimum transmitting power necessary for effective
    communications.[^52] By using as little power as necessary, APC also
    minimizes potential interference.

16. We also seek comment on how to define the top 100 urban areas for
    the 40 channel pairs for which the power limitation depends on their
    location with respect to an "urban area." For example, in the past,
    the Commission has defined urban areas based on population
    statistics derived from U.S. Department of Commerce, Census Bureau
    data[^53] as well as statistical areas defined by the U.S. Census
    Bureau.[^54] Similarly, the Commission has relied on other U.S.
    Department of Commerce references in establishing the center
    coordinates for these areas.[^55] We also note that variations on
    the "top urban areas" concept are proposed in other pending
    Commission proceedings.[^56] We seek comment on the most appropriate
    definition for determining the top urban areas. Commenters are also
    welcome to suggest different cutoffs, such as the top 50 or top 20
    urban areas, any suggestions should include a rationale that sets
    forth why the suggested cutoff is more appropriate than the top 100
    cutoff mentioned above.

17. A related issue is whether low power mobile/portable operation
    extending outside the "fifty-mile circles" should be considered in a
    coordination analysis. For instance, if a low power base station (or
    geographic center of a mobile/portable-only operation) is located
    forty-seven miles from the center of one of the urban areas and the
    radius of operation is five miles, should coordinators take into
    account the area outside the "fifty-mile circle" when performing a
    coordination analysis for high power stations located outside the
    circle. We also ask that parties comment on how high power
    operations outside of a fifty-mile circle should protect low power
    users on the same or adjacent channel that are located within the
    fifty-mile protected area. Commenters should discuss what standard
    would be appropriate, *e.g.*, mileage separation, contour analysis,
    *etc*.

18. Finally, we note that our rules currently permit all of the channel
    pairs listed in Group A to be used for telemetry operations on a
    secondary basis, and that such operations are limited to 2 watts
    TPO.[^57] Specifically, we seek comment on whether Group A should
    continue to be designated primarily for voice operations with
    non-voice operations authorized on a secondary basis or if non-voice
    operations should be limited to Group B described below.

19. *Group B*. Group B would consist of ten 12.5 kHz offset channel
    pairs for low power non-voice, coordinated use.[^58] The maximum TPO
    for mobile/portable, base and fixed operation would be 2 watts, with
    a maximum antenna height above ground for base and fixed stations of
    7 m (20 ft). The LMCC states that non-voice operations are needed
    here because these channels will be used for critical safety
    operations that could "suffer significant safety hazards if shared
    with voice operations."[^59] We tentatively conclude that adopting
    rule revisions to implement this proposal would serve the public
    interest. We seek comment on this tentative conclusion and the
    associated proposed rule changes. For example, we note that all of
    the Group B frequencies are currently governed by a Part 90 rule
    provision that designates telemetry operations as secondary.[^60] We
    therefore tentatively conclude that this limitation should be
    removed for these frequencies. In addition, we seek comment as to
    whether we should allow continuous data transmissions on these
    channels or specify a duty cycle. Continuous data transmission
    occurs where an uninterrupted signal is sent by a transmitter,
    typically for remote applications that require positive control or
    monitoring. We note, however, that the continuous nature of these
    transmissions would limit the availability of these frequencies to
    be used by others.

20. The LMCC notes that in order to maximize spectrum efficiency, voice
    operations on the Group B data channels could be allowed on a
    secondary, non-interfering coordinated basis, *i.e.,* the ten
    channels could be designated as "data primary" instead of "data
    only."[^61] In this connection, we note that a petitioner in the
    *Refarming* proceeding referenced the LMCC's "data primary" proposal
    and averred that shared use of voice and non-voice channels could
    have catastrophic results[^62] and that interference avoidance would
    be costly and inefficient for users employing non-voice
    transmissions.[^63] Accordingly, we seek comment on the advantages
    and disadvantages associated with designating the ten data channels
    as "data primary" versus "data only." Specifically, we ask
    commenters to address whether the "data only" approach is necessary
    to adequately address the safety-related concerns identified in the
    LMCC's proposal to designate ten channels for low power, data
    operations.

21. *Group C*. Group C would consist of twenty-five 12.5 kHz offset
    channel pairs for low power non-coordinated, itinerant use.[^64]
    Itinerant operation is defined as operation of a radio station at
    unspecified locations for varying periods of time.[^65] The LMCC
    suggests that these frequencies would be used by small businesses,
    such as electricians, plumbers, and others who need short-term,
    on-site communications.[^66] Although we would still require users
    to obtain a license for this use, we would not require licensees to
    specify a location from which they would operate. Instead, licensees
    would be permitted to operate anywhere nationwide and prior
    coordination would not be required.[^67] The maximum TPO for
    mobile/portable, base and fixed operation would be 2 watts, with a
    maximum antenna height above ground for base and fixed stations of 7
    m (20 ft).

22. We note, however, that four of the frequencies (467.7625 MHz,
    467.7875 MHz, 467.8125 MHz, and 467.8375 MHz) specified in the
    LMCC's Petition are currently designated under our Part 90 rules for
    dockside operations on a primary basis.[^68] These same frequencies
    are also authorized for mobile operation for radio remote control
    and telemetering functions and may be operated in the continuous
    carrier transmit mode.[^69] We do not believe that sharing between
    these currently authorized uses and the proposed non-coordinated,
    itinerant operations is advisable due to the potential for harmful
    interference. Consequently, we seek comment as to what alternate
    channels might replace the four listed above.

23. We also note that ten of the low power channels that are proposed
    for Group C are currently available to hospitals and health care
    institutions for medical radio telemetry operations on a secondary
    basis.[^70] While the Commission has lifted the freeze on the filing
    of high power applications for the 450-460 MHz part of the 450-470
    MHz band, the freeze on the 460-470 MHz band (where most medical
    telemetry operations are located) remains in effect until October
    2003.[^71] The LMCC's proposal, however, would allow
    non-coordinated, itinerant operations on certain 460-470 MHz
    frequencies. We are concerned that despite the 2-watt limitation
    proposed for the Group C channels, medical telemetry, which is
    limited to 20 milliwatts, could experience harmful interference from
    these itinerant users. We therefore tentatively conclude that these
    ten frequencies should not be made available for non-coordinated,
    itinerant use as suggested by the LMCC, until the end of the medical
    telemetry transition period.

24. We also note that most of the Group C channel pairs are subject to
    note 30 that authorizes telemetry operations on a secondary basis to
    voice operations, as well as note 62 that authorizes fixed
    operations on a secondary basis to land mobile radio
    operations.[^72] In other words, the secondary operations (telemetry
    and fixed) may be authorized as long as they do not cause harmful
    interference to primary operations (voice and mobile). However,
    secondary operations are difficult, if not impossible, to implement
    in an itinerant service because the primary operation may be
    performed at any location, at any time without prior coordination.
    Therefore, there is no way for entities proposing secondary
    operations (telemetry and fixed) to coordinate their activities
    around the primary operation. Consequently, while we tentatively
    conclude that these frequencies should be designated as
    non-coordinated, itinerant, we seek comment on whether data
    transmissions and fixed operation should be prohibited on these
    frequencies. If we were to prohibit either operation, we tentatively
    conclude that stations currently licensed on these frequencies
    should be permitted to remain on these frequencies on a secondary
    basis. We seek comment on this tentative conclusion.

25. The LMCC states that small business users in need of itinerant,
    on-site communications will utilize these channels, and that
    site-specific coordination would provide little benefit.[^73]
    Moreover, we agree with the LMCC that more than 2 watts is usually
    unnecessary to overcome the radio environment at these typically
    unenclosed job sites.[^74] In addition, we tentatively conclude, in
    agreement with the LMCC's suggestion, to require that manufacturers
    of the radios used for these channels construct the radios to work
    only on these twenty-five channels and other UHF color dot and star
    dot[^75] frequencies in order to help protect full power coordinated
    channels from additional co-channel conflicts that might occur from
    uncoordinated users.[^76] This restriction would be accomplished
    through our type certification process.[^77] We seek comment on our
    tentative conclusion and the associated proposed rule changes.

26. We believe that adoption of this proposal will provide certain low
    power users, such as construction companies, needed flexibility in
    establishing short-term communications systems. In addition, we
    agree with the LMCC that the low power nature of itinerant
    operations mitigates, to a degree, concerns of interference to any
    current users on these frequencies.[^78] Accordingly, we do not
    believe it is vital, as Hexagram requests, that we first establish
    that there are no users on these frequencies.[^79] We seek comment,
    however, on how any incumbents on these twenty-five channels should
    be treated.

27. *Group D*. Group D would consist of five 12.5 kHz offset channel
    pairs for low power coordinated use.[^80] The maximum TPO for
    mobile/portable, base and fixed operation would remain 2 watts, and
    the maximum antenna height above ground for base and fixed stations
    would remain 7 m (20 ft).[^81] Currently, the subject frequencies
    are reserved for central station alarm (CSA) operations.[^82] As
    with the other channel groups, we note that the Commission's Rules
    allow secondary telemetry operations on these frequencies.[^83] The
    LMCC proposes no changes to these operating rules, and we
    tentatively conclude that this continued approach is warranted.
    Outside of the urban areas, however, the channels are available for
    Industrial/Business eligibles generally,[^84] and the LMCC requests
    that these non-CSA users be permitted fixed as well as mobile
    operations.[^85] We note that the Commission has eliminated the
    requirement that stations on designated low power channels in the
    450-470 MHz band be licensed only as mobiles.[^86] Consequently, we
    take this opportunity to clarify that low power operations may, but
    are not required to, supply their station coordinates and be
    licensed on a site-specific basis. We seek comment on our tentative
    conclusion and the associated rule changes.

### Low Power Public Safety Pool

28. The LMCC also recommends that we change certain rules governing use
    of the fourteen 12.5 kHz channel pairs designated for low power
    operations in the Public Safety Pool.[^87] We believe there are
    public interest benefits in doing so. Therefore, we propose to allow
    a maximum power of 5 watts TPO for mobile/portable operation and a
    maximum antenna height for base and fixed stations of 7 m (20 ft),
    with site-specific and station class specific licensing, as
    suggested by the LMCC.[^88] We take the LMCC's request for "station
    class" licensing to mean that low power Public Safety Pool users may
    obtain a license as either a mobile or as a fixed station. The
    latter station class designation, because the station's precise
    coordinates are required in the license application, would
    presumably provide a greater level of interference protection than a
    station licensed as mobile. We seek comment on the proposed rule
    changes and our described approach.

## Miscellaneous Matters

29. *Codification of Consensus Plan*. If we should adopt the proposals
    and tentative conclusions described herein, we would, in effect,
    codify the Consensus Plan in our Rules.[^89] We also seek comment on
    whether, in keeping with the Commission's delegation of low power
    issues to the coordinators, we should instead establish a minimum,
    maximum, or absolute number of channels that the coordinators are
    authorized to designate for each group.

30. *Voice/Non-Voice Limitations*. In paragraphs 19-20 above, we
    tentatively conclude that we should adopt the Consensus Plan
    proposal to designate ten data channels, which the LMCC recommends
    largely on safety-related grounds. Apart from these safety-related
    concerns for separating voice and non-voice communications, the
    Commission has received informal complaints that data operations
    often are incompatible or disruptive to co-channel voice
    communications. In this connection, we request comments on whether
    to limit low power, non-voice communications to the ten channels in
    Group B, and whether channels designated for Groups A and/or C
    should be designated primarily for voice operations, with non-voice
    operations authorized on a secondary basis in either Group.[^90]

31. *Channel Pairs*. The Consensus and Low Power Plans listed the low
    power channels in pairs. Under the current rules in the 450-470 MHz
    band, both base and mobile operation is permitted on the low side of
    a pair, while the high side is limited to mobile operation.[^91]
    Applicants typically apply for one side of a pair. For example, if
    only mobile operation is desired, a license is granted for one side
    of the channel pair, usually the high side. If base and mobile
    operation is desired, a license is granted for the low side. In
    either case, only one side of the pair is authorized. We request
    comments on whether we should continue this approach for the
    channels specified in the low power pools or a different approach.
    If a different approach is suggested, commenters are requested to
    address the advantages and disadvantages of such an alternative
    approach.

32. *Status of High Power Licensees that Coordinators Certified under
    Exception to Freeze*. In the *Refarming Second Report and Order,*
    the Commission stated that prior to the lifting of the licensing
    freeze in the 450-470 MHz band (which was to occur only after the
    establishment of a low power consensus plan), new high power systems
    would be granted partial relief by allowing them to be licensed on
    any former 12.5 kHz offset channel not specifically designated for
    low power use.[^92] Such license applications, however, were
    required to be accompanied by a statement from a frequency
    coordinator attesting that operation of a new high powered system
    would not impact any currently operating co-channel low power
    system.[^93] Based on a review of our licensing records, it appears
    that subsequent to adoption of the *Refarming Second R&O*, the
    Commission has licensed a number of high power systems on the 12.5
    kHz offset channels. It also appears that some of the channels for
    which entities received a license for high power operations are
    channels designated in the Consensus Plan for low power
    operation.[^94] We request comments on how we should treat entities
    licensed for high power operation on 12.5 kHz offset channels that
    are now specifically designated for low power operation. Possible
    options include grandfathering such operation either indefinitely or
    until the end of the license term, or allowing them to operate on a
    primary basis until a date certain. We also request comments on how
    we should treat other incumbents that may be impacted by adoption of
    the proposals outlined in this *Notice of Proposed Rule
    Making*.[^95]

# CONCLUSION

33. We believe that revising our rules to allow low power stations to
    exceed two watts on coordinator-designated low power channels would
    serve the public interest, as would allowing itinerant operations to
    be licensed for two watts without frequency coordination. Moreover,
    we believe that adoption of the proposed rule changes promote
    effective spectrum utilization and spectrum efficiency.

# procedural matters

## *Ex Parte* Rules \-- Permit-but-Disclose Proceeding

34. This is a permit-but-disclose notice and comment rulemaking
    proceeding. *Ex parte* presentations are permitted, except during
    the Sunshine Agenda period, if they are disclosed as provided in the
    Commission\'s Rules. *See generally* 47 C.F.R. §§ 1.1200(a), 1.1203,
    and 1.1206.

## Initial Regulatory Flexibility Analysis

35. As required by Section 603 of the Regulatory Flexibility Act, 5
    U.S.C. § 603, the Commission has prepared an Initial Regulatory
    Flexibility Analysis (IRFA) of the expected impact on small entities
    of the proposals suggested in this document. The IRFA is set forth
    in Appendix B. Written public comments are requested on the IRFA.
    These comments must be filed in accordance with the same filing
    deadlines as comments filed in this *Notice of Proposed Rule Making
    ("Notice")*, but they must have a separate and distinct heading
    designating them as responses to the IRFA. The Commission's Consumer
    Information Bureau, Reference Information Center, SHALL SEND a copy
    of this *Notice*, including the IRFA, to the Chief Counsel for
    Advocacy of the Small Business Administration in accordance with
    Section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. § 603(a).

## Alternative Formats

36. Alternative formats (computer diskette, large print, audio cassette
    and Braille) are available from Brian Millin at (202) 418-7426,
    TTY (202) 418-7365, or at bmillin@fcc.gov. This *Notice* can also be
    downloaded at <http://www.fcc.gov/dtf/>.

## Pleading Dates

37. Pursuant to Sections 1.415 and 1.419 of the Commission\'s rules, 47
    C.F.R. §§ 1.415 and 1.419, interested parties may file comments on
    or before \[**30 days from date of publication in the Federal
    Register**\] and reply comments on or before \[**60 days from date
    of publication in the Federal Register**\]. Comments may be filed
    using the Commission\'s Electronic Comment Filing System (ECFS),
    <http://www.fcc.gov/e-file/ecfs.html>, or by filing paper copies.
    *See Electronic Filing of Documents in Rulemaking Proceedings*, 63
    Fed. Reg. 23,121 (1998).

38. Comments filed through the ECFS can be sent as an electronic file
    via the Internet to <http://www.fcc.gov/e-file/ecfs.html>.
    Generally, only one copy of an electronic submission must be filed.
    If multiple docket or rulemaking numbers appear in the caption of
    this proceeding, however, commenters must transmit one electronic
    copy of the comments to each docket or rulemaking number referenced
    in the caption. In completing the transmittal screen, commenters
    should include their full name, Postal Service mailing address, and
    the applicable docket or rulemaking number. Parties may also submit
    an electronic comment by Internet e-mail. To get filing instructions
    for e-mail comments, commenters should send an e-mail to
    \<ecfs@fcc.gov\>, and should include the following words in the body
    of the message, \"get form \<your e-mail address\>.\" A sample form
    and directions will be sent in reply.

39. Parties who choose to file by paper must file an original and four
    copies of each filing. If more than one docket or rulemaking number
    appear in the caption of this proceeding, commenters must submit two
    additional copies for each additional docket or rulemaking number.
    All filings must be sent to the Commission\'s Secretary, Magalie
    Roman Salas, Office of the Secretary, Federal Communications
    Commission, 445 Twelfth Street, S.W., TW-A325, Washington, D.C.
    20554.

## Contact for Information

40. For further information, contact Guy Benson, Esquire, Policy and
    Rules Branch, Public Safety and Private Wireless Division, Wireless
    Telecommunications Bureau, (202) 418-2946, \<<gbenson@fcc.gov>\>.

# Ordering clauses

41. Accordingly, IT IS ORDERED that, pursuant to Sections 1, 4(i), 302,
    303(f) and (r), and 332 of the Communications Act of 1934, as
    amended, 47 U.S.C. §§ 1, 154(i), 302, 303(f) and (r), 332, the
    Petition for Rule Making filed by the Land Mobile Communications
    Council on September 11, 2000, IS GRANTED to the extent indicated
    herein.

42. IT IS FURTHER ORDERED that, pursuant to Sections 1, 4(i), 302,
    303(f) and (r), and 332 of the Communications Act of 1934, as
    amended, 47 U.S.C. §§ 1, 154(i), 302, 303(f) and (r), 332, NOTICE IS
    HEREBY GIVEN of the proposed regulatory changes described in this
    *Notice of Proposed Rule Making*, and that COMMENT IS SOUGHT on
    these proposals.

43. IT IS FURTHER ORDERED that the Commission\'s Consumer Information
    Bureau, Reference Information Center, SHALL SEND a copy of this
    *Notice of Proposed Rule Making*, WT Docket No. 98-182, including
    the Initial Regulatory Flexibility Analysis, to the Chief Counsel
    for Advocacy of the Small Business Administration in accordance with
    Section 603(a) of the Regulatory Flexibility Act.[^96]

    FEDERAL COMMUNICATIONS COMMISSION

    Magalie Roman Salas

    Secretary

    **APPENDIX A**

*The LMCC Low Power Consensus Plan*

Ninety (90) **[Industrial/Business Pool]{.underline}** Channel
Pairs[^97] Designated for Low Power Use

**Group A**

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

451/456.1875 451/456.2375 451/456.2875 451/456.3125

451/456.3375 451/456.3625 451/456.3875 451/456.4125

451/456.4375 451/456.4625 451/456.4875 451/456.5125

451/456.5375 451/456.5625 451/456.5875 451/456.6125

451/456.6375 451/456.6625 451/456.6875 451/456.7125

451/456.7375 451/456.7625 452/457.0375 452/457.0625

452/457.0875 452/457.1125 452/457.1375 452/457.1625

452/457.1875 452/457.2875 452/457.3125 452/457.4125

452/457.4875 452/457.5125 452/457.5375 452/457.6375

452/457.6625 452/457.6875 452/457.7125 452/457.7625

452/457.7875 452/457.8125 452/457.8375 452/457.8625

452/457.8875 452/457.9875 462/467.1875 462/467.4625

462/467.4875 462/467.5125

**Group B**

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

462/467.2125 462/467.2375 462.467.2625 462/467.2875

462/467.3125 462/467.3375 462/467.3625 462/467.3875

462/467.4125 462/467.4375

**Group C**

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

461/466.0375 461/466.0625 461/466.0875 461/466.1125

461/466.1375 461/466.1625 461/466.1875 461/466.2125

461/466.2375 461/466.2625 461/466.2875 461/466.3125

461/466.3375 461/466.3625 462/467.7625\* 462/467.7875\*

462/467.8125\* 462/467.8375\* 462/467.8625 462/467.8875

462/467.9125 464/469.4875 464/469.5125 464/469.5375

464/469.5625

**Group D**

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

460/465.9125 460/465.9375 460/465.9625 460/465.9875

461/466.0125

*The LMCC Low Power Consensus Plan*

Fourteen (14) **[Public Safety Pool]{.underline}** Channel Pairs[^98]
Designated for Low Power Use

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

453/458.0375 453/458.0625 453/458.0875 453/458.1125

453/458.1375 453/458.8875 453/458.9125 453/458.9375

453/458.9625 453/458.9875 460/465.4875 460/465.5125

460/465.5375 460/465.5625

**APPENDIX B**

**Initial Regulatory Flexibility Analysis**

1.  As required by the Regulatory Flexibility Act (RFA),[^99] the
    Commission has prepared this present Initial Regulatory Flexibility
    Analysis (IRFA) of the possible significant economic impact on small
    entities by the policies and rules proposed in this *Notice of
    Proposed Rule Making (Notice*). Written public comments are
    requested on this IRFA. Comments must be identified as responses to
    the IRFA and must be filed by the deadlines for comments on this
    *Notice* provided above in paragraph 37, *supra*. The Commission
    will send a copy of the *Notice*, including this IRFA, to the Chief
    Counsel for Advocacy of the Small Business Administration. *See* 5
    U.S.C. § 603(a). In addition, the *Notice* and IRFA (or summaries
    thereof) will be published in the Federal Register. *See* *id*.

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

```{=html}
<!-- -->
```
44. The Commission tasked the PLMR frequency coordinators to develop a
    plan for low power operations, through industry consensus, on what
    was formerly known as the 450-470 MHz low power offset channels. On
    June 4, 1997, the Land Mobile Communications Council (LMCC) filed
    this plan (Consensus Plan). Because the LMCC's Consensus Plan
    required changes to the Commission's Rules, on September 11, 2000,
    the LMCC submitted a petition for rule making in which it asks the
    Commission to adopt these rule changes. Therefore, the Commission
    proposes to amend Part 90 of its rules in order to effectuate the
    changes suggested in the Consensus Plan.

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

    **B. Legal Basis:**

46. Authority for the proposed rules included in this issuance of this
    *Notice* is contained in Sections 1, 4(i), 302, 303(f), and (r), and
    332 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 1,
    154(i), 302, 303(f) and (r), and 332.

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

47. The RFA directs agencies to provide a description of, and, where
    feasible, an estimate of the number of small entities that may be
    affected by the proposed rules, if adopted.[^100] The RFA defines
    the term "small entity" as having the same meaning as the terms
    "small business," "small organization," and "small business concern"
    under section 3 of the Small Business Act.[^101] A small business
    concern is one which: (1) is independently owned and operated; (2)
    is not dominant in its field of operation; and (3) satisfies any
    additional criteria established by the SBA.[^102] Nationwide, as of
    1992, there were approximately 275,801 small organizations.[^103]
    "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."[^104] As
    of 1992, there were approximately 85,006 such jurisdictions in the
    United States.[^105] This number includes 38,978 counties, cities,
    and towns; of these, 37,566, or ninety-six percent, have populations
    of fewer than 50,000.[^106] The Census Bureau estimates that this
    ratio is approximately accurate for all governmental entities. Thus,
    of the 85,006 governmental entities, we estimate that 81,600
    (ninety-one percent) are small entities. Below, we further describe
    and estimate the number of small entity licensees and regulatees
    that may be affected by the proposed rules, if adopted.

48. *Public Safety radio services and Governmental entities.* As a
    general matter, Public Safety Radio Pool licensees include police,
    fire, local government, forestry conservation, highway maintenance,
    and emergency medical services.[^107] The SBA rules contain a
    definition for small radiotelephone (wireless) companies, which
    encompasses business entities engaged in radiotelephone
    communications employing no more that 1,500 persons.[^108] There are
    a total of approximately 127,540 licensees within these services.
    Governmental entities as well as private businesses comprise the
    licensees for these services. The RFA also includes small
    governmental entities as a part of the regulatory flexibility
    analysis.[^109] "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."[^110] As of 1992, there were approximately 85,006 such
    jurisdictions in the United States.[^111] This number includes
    38,978 counties, cities and towns; of these, 37,566, or 96 percent,
    have populations of fewer than 50,000.[^112] The Census Bureau
    estimates that this ratio is approximately accurate for all
    governmental entities. Thus, of the 85,006 governmental entities,
    the Commission estimates that 81,600 (91 percent) are small
    entities.

49. *Estimates for PLMR Licensees.* Private land mobile radio systems
    serve an essential role in a vast range of industrial, business,
    land transportation, and public safety activities. These radios are
    used by companies of all sizes operating in all U.S. business
    categories. Because of the vast array of PLMR users, the Commission
    has not developed a definition of small entities specifically
    applicable to PLMR users, nor has the SBA developed any such
    definition. The SBA rules do, however, contain a definition for
    small radiotelephone (wireless) companies.[^113] Included in this
    definition are business entities engaged in radiotelephone
    communications employing no more that 1,500 persons.[^114] According
    to the Bureau of the Census, only twelve radiotelephone firms of a
    total of 1,178 such firms which operated during 1992 had 1,000 or
    more employees. For the purpose of determining whether a licensee is
    a small business as defined by the SBA, each licensee would need to
    be evaluated within its own business area. The Commission\'s fiscal
    year 1994 annual report indicates that, at the end of fiscal year
    1994, there were 1,101,711 licensees operating 12,882,623
    transmitters in the PLMR bands below 512 MHz.[^115]

50. *Equipment Manufacturers*. We anticipate that radio equipment
    manufacturers will be affected by our decisions in this proceeding.
    According to the SBA's regulations, a radio and television
    broadcasting and communications equipment manufacturer must have 750
    or fewer employees in order to qualify as a small business
    concern.[^116] Census Bureau data indicate that there are 858 U.S.
    firms that manufacture radio and television broadcasting and
    communications equipment, and that 778 of these firms have fewer
    than 750 employees and would therefore be classified as small
    entities.[^117]

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

51. Reporting, record keeping, and compliance requirements under these
    proposed rules are nominal. No new reporting, recordkeeping, or
    other compliance requirements would be imposed on applicants or
    licensees as a result of the actions proposed in this rule making
    proceeding.

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

52. The RFA requires an agency to describe any significant alternatives
    that it has considered in reaching its proposed approach, which may
    include the following four alternatives: (1) the establishment of
    differing compliance or reporting requirements or timetables that
    take into account the resources available to small entities; (2) the
    clarification, consolidation, or simplification of compliance or
    reporting requirements under the rule for small entities; (3) the
    use of performance, rather than design, standards; and (4) an
    exemption from coverage of the rule or any part thereof for small
    entities.

53. Regarding our proposal to increase the power limits and antenna
    height for low power users operating on the fifty channels in Group
    A, *see* paras. -18, *supra*, there should be no significant adverse
    impact on small entities. Although increasing the power and antenna
    height limits for low power users on these channels could decrease
    the number of operators possible in a given area, we believe that
    the need for higher power and antenna height on these channels
    outweighs the potential losses. An alternative to this proposal
    would be to maintain the current power restriction of 2 watts output
    power and 7 meters antenna height, or impose power limitations less
    than 20 watts for base stations and 5 watts for mobile/portable
    stations and less than 23 meters antenna height above ground level.
    These alternatives, however, would not address the need, especially
    in hostile communications areas, for more than 2 watts output power
    and antenna heights of 7 meters.

54. In addition, regarding our proposal to designate 25 channels for low
    power, itinerant use in Group C, *see* paras. 21-26, *supra*,
    incumbent licensees, some of which may be small entities, could face
    interference from itinerant users that will not be required to
    coordinate their operations through a certified frequency
    coordinator. Such potential interference, however, is balanced
    against the need for itinerant operations in the PLMR services. In
    this connection, we note that small businesses that require
    itinerant operations will be eligible for these channels and may
    benefit from our proposal. Although we seek comment as to how to
    treat incumbents generally in Group C, we specifically request that
    commenters discuss those incumbents that are considered to be small
    businesses.

55. Regarding our proposal to require manufacturers of radios that are
    capable of working on these Group C channels to construct the radios
    so that they only work on these 25 channels and other UHF color dot
    and star dot frequencies, *see* para. 25, *supra*, there should be
    no significant adverse impact on small entities. An alternative to
    this proposal would be to not require manufacturers to construct the
    radios so as to limit the frequencies that they are capable of
    working on. This alternative would not, however, help protect full
    power coordinated channels from additional co-channel conflicts that
    might occur from uncoordinated users.

56. Regarding our proposal to allow 5 watts ERP for the fourteen
    channels in the Public Safety Pool, *see* para. 27, *supra*, there
    should be no significant adverse impact on small entities. An
    alternative to this proposal would be to maintain the current
    limitation of 2 watts output power or to impose a power limitation
    of less than 5 watts ERP. Neither of these alternatives, however,
    would be sufficient to promote flexibility for Public Safety Pool
    licensees that require more than 2 watts output power for their
    operations.

57. Finally, we seek comment on how the changes proposed in the *Notice*
    will effect small entities.

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

58. None.

**APPENDIX** **C**

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

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

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

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

2.  Section 90.20 is proposed to be amended by revising paragraph (c)(3)
    to read as follows:

    \[list of 28 frequencies (14 pairs) in the 450-470 MHz band and,
    where available, the frequencies 6.25 kHz directly above and below
    each 12.5 kHz frequency, to add a new limitation/note that
    cross-references to Section 90.267.\]

3.  Section 90.35 is proposed to be amended by revising paragraph (b)(3)
    to read as follows:

    \[list of 180 frequencies (90 pairs) in the 450-470 MHz band and,
    where available, the frequencies 6.25 kHz directly above and below
    each 12.5 kHz frequency, to add a new limitation/note that
    cross-references to Section 90.267.\]

4.  Section 90.35 is proposed to be amended by revising paragraph
    (b)(67) to read as follows:

    Use of this frequency is on a secondary basis and subject to the
    provisions of §90.267(a)(4), (a)(7), (a)(8) and (a)(9).

5.  Section 90.203 is proposed to be amended by adding paragraph (m) to
    read as follows:

    **§ 90.203 Certification required.**

\* \* \* \* \*

\(m\) Transmitters for use on low power itinerant channels must be
certificated, in accordance with the provisions of Part 2 of the
Commission's Rules, and designed so that their operation is limited to
the frequencies listed in § 90.267(a)(4) and/or frequencies 464.500 MHz,
464.550 MHz, 467.850 MHz, 467.875 MHz, 467.900 MHz , and 467.925 MHz.

6.  Section 90.267 is proposed to be amended by revising paragraph (a)
    to read as follows:

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

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

\(1\) *Group A1 Frequencies.* The Industrial/Business Pool frequencies
listed in Group A1 are available on a coordinated basis, pursuant to
§90.35(b)(2) and § 90.175(b), as follows:

> \(i\) Within 80 kilometers of the top \### urban areas, operation on
> these frequencies is limited to 5 watts output power for mobile
> stations and 20 watts effective radiated power for fixed stations. A
> maximum antenna height of 23 meters (75 feet) above ground is
> authorized for fixed stations.
>
> \(ii\) Outside 80 kilometers of the top \### urban areas, operation on
> these frequencies is available for full power operation pursuant to
> the power and antenna height limits listed in § 90.205 of this
> chapter.

Industrial/Business Pool Group A1 Low Power Frequencies

+-----------------+-----------------+-----------------+-----------------+
| 451/456.18125   | 451/456.58125   | 452/457.10625   | 452/457.70625   |
|                 |                 |                 |                 |
| 451/456.1875    | 451/456.5875    | 452/457.1125    | 452/457.7125    |
|                 |                 |                 |                 |
| 451/456.19375   | 451/456.59375   | 452/457.11875   | 452/457.71875   |
|                 |                 |                 |                 |
| 451/456.28125   | 451/456.60625   | 452/457.13125   | 452/457.78125   |
|                 |                 |                 |                 |
| 451/456.2875    | 451/456.6125    | 452/457.1375    | 452/457.7875    |
|                 |                 |                 |                 |
| 451/456.29375   | 451/456.61875   | 452/457.14375   | 452/457.79375   |
|                 |                 |                 |                 |
| 451/456.30625   | 451/456.65625   | 452/457.15625   | 452/457.80625   |
|                 |                 |                 |                 |
| 451/456.3125    | 451/456.6625    | 452/457.1625    | 452/457.8125    |
|                 |                 |                 |                 |
| 451/456.31875   | 451/456.66875   | 452/457.16875   | 452/457.81875   |
|                 |                 |                 |                 |
| 451/456.35625   | 451/456.68125   | 452/457.18125   | 452/457.83125   |
|                 |                 |                 |                 |
| 451/456.3625    | 451/456.6875    | 452/457.1875    | 452/457.8375    |
|                 |                 |                 |                 |
| 451/456.36875   | 451/456.69375   | 452/457.19375   | 452/457.84375   |
|                 |                 |                 |                 |
| 451/456.38125   | 451/456.70625   | 452/457.28125   | 452/457.88125   |
|                 |                 |                 |                 |
| 451/456.3875    | 451/456.7125    | 452/457.2875    | 452/457.8875    |
|                 |                 |                 |                 |
| 451/456.39375   | 451/456.71875   | 452/457.29375   | 452/457.89375   |
|                 |                 |                 |                 |
| 451/456.40625   | 451/456.73125   | 452/457.48125   | 452/457.98125   |
|                 |                 |                 |                 |
| 451/456.4125    | 451/456.7375    | 452/457.4875    | 452/457.9875    |
|                 |                 |                 |                 |
| 451/456.41875   | 451/456.74375   | 452/457.49375   | 452/457.99375   |
|                 |                 |                 |                 |
| 451/456.45625   | 451/456.75625   | 452/457.53125   | 462/467.18125   |
|                 |                 |                 |                 |
| 451/456.4625    | 451/456.7625    | 452/457.5375    | 462/467.1875    |
|                 |                 |                 |                 |
| 451/456.46875   | 451/456.76875   | 452/457.54375   | 462/467.19375   |
|                 |                 |                 |                 |
| 451/456.48125   | 452/457.03125   | 452/457.63125   | 462/467.45625   |
|                 |                 |                 |                 |
| 451/456.4875    | 452/457.0375    | 452/457.6375    | 462/467.4625    |
|                 |                 |                 |                 |
| 451/456.49375   | 452/457.04375   | 452/457.64375   | 462/467.46875   |
|                 |                 |                 |                 |
| 451/456.50625   | 452/457.05625   | 452/457.65625   | 462/467.48125   |
|                 |                 |                 |                 |
| 451/456.5125    | 452/457.0625    | 452/457.6625    | 462/467.4875    |
|                 |                 |                 |                 |
| 451/456.51875   | 452/457.06875   | 452/457.66875   | 462/467.49375   |
|                 |                 |                 |                 |
| 451/456.55625   | 452/457.08125   | 452/457.68125   | 462/467.50625   |
|                 |                 |                 |                 |
| 451/456.5625    | 452/457.0875    | 452/457.6875    | 462/467.5125    |
|                 |                 |                 |                 |
| 451/456.56875   | 452/457.09375   | 452/457.69375   | 462/467.51875   |
+-----------------+-----------------+-----------------+-----------------+

\(2\) *Group A2 Frequencies.* The Industrial/Business Pool frequencies
listed in Group A2 are available nationwide on a coordinated basis,
pursuant § 90.35(b)(2) and §90.175(b). Operation on these frequencies is
limited to 5 watts output power for mobile stations and 20 watts
effective radiated power for fixed stations. A maximum antenna height of
23 meters (75 feet) above ground is authorized for fixed stations.

Industrial/Business Pool Group A2 Low Power Frequencies

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

> \(3\) Group *B Frequencies.* The Industrial/Business Pool frequencies
> listed in Group B are available nationwide on a coordinated basis,
> pursuant to § 90.35(b)(2) and §90.175(b), for data operations.
> Operation on these frequencies is limited to 2 watts output power for
> mobile or fixed stations. A maximum antenna height of 23 meters (75
> feet) above ground is authorized for fixed stations.

Industrial/Business Pool Group B Low Power Frequencies

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

> \(4\) Group *C Frequencies.* The Industrial/Business Pool frequencies
> listed in Group C are available nationwide for non-coordinated
> itinerant use. Operation on these frequencies is limited to 2 watts
> output power for mobile or fixed stations. A maximum antenna height of
> 7 meters (20 feet) above ground is authorized for fixed stations. The
> frequencies in Group C that are subject to the provisions of
> §90.35(b)(67) will not be available for itinerant use until October
> 17, 2003.

Industrial/Business Pool Group C Low Power Frequencies

+-----------------+-----------------+-----------------+-----------------+
| 461/466.03125   | 461/466.15625   | 461/466.28125   | 4               |
|                 |                 |                 | 61/466.\*\*\*\* |
| 461/466.0375    | 461/466.1625    | 461/466.2875    |                 |
|                 |                 |                 | 462/467.8625    |
| 461/466.04375   | 461/466.16875   | 461/466.29375   | 462/467.8875    |
|                 |                 |                 |                 |
| 461/466.05625   | 461/466.18125   | 461/466.30625   | 462/467.9125    |
|                 |                 |                 |                 |
| 461/466.0625    | 461/466.1875    | 461/466.3125    | 464/469.48125   |
|                 |                 |                 |                 |
| 461/466.06875   | 461/466.19375   | 461/466.31875   | 464/469.4875    |
|                 |                 |                 |                 |
| 461/466.08125   | 461/466.20625   | 461/466.33125   | 464/469.5125    |
|                 |                 |                 |                 |
| 461/466.0875    | 461/466.2125    | 461/466.3375    | 464/469.51875   |
|                 |                 |                 |                 |
| 461/466.09375   | 461/466.21875   | 461/466.34375   | 464/469.53125   |
|                 |                 |                 |                 |
| 461/466.10625.  | 461/466.23125   | 461/466.35625   | 464/469.5375    |
|                 |                 |                 |                 |
| 461/466.1125    | 461/466.2375    | 461/466.3625    | 464/469.5625    |
|                 |                 |                 |                 |
| 461/466.11875   | 461/466.24375   | 461/466.36875   | 464/469.56875   |
|                 |                 |                 |                 |
| 461/466.13125   | 461/466.25625   | 4               |                 |
|                 |                 | 61/466.\*\*\*\* |                 |
| 461/466.1375    | 461/466.2625    |                 |                 |
|                 |                 | 4               |                 |
| 461/466.14375   | 461/466.26875   | 61/466.\*\*\*\* |                 |
|                 |                 |                 |                 |
|                 |                 | 4               |                 |
|                 |                 | 61/466.\*\*\*\* |                 |
+-----------------+-----------------+-----------------+-----------------+

> \(5\) Group *D Frequencies.* The Industrial/Business Pool frequencies
> listed in Group D are available for central station alarm operations
> in urban areas as defined in § 90.35(c)(63) and (64) of this chapter.
> Central alarm stations may utilize antennas mounted not more than 7
> meters (20 feet) above a man-made supporting structure. Outside the
> urban areas described in § 90.35(c)(63), Group D frequencies are
> available for general industrial/business use on a coordinated basis,
> pursuant to § 90.35(b)(2) and §90.175(b). Non-central station alarm
> operation on these frequencies is limited to 2 watts output power for
> mobile or fixed stations. Non-central station alarm stations are
> limited to a maximum antenna height of 7 meters (20 feet) above
> ground.

Industrial/Business Pool Group D Low Power Frequencies

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

> \(6\) *Low Power Public Safety Frequencies.* The frequencies listed in
> the Public Safety Pool Low Power Group are available nationwide on a
> coordinated basis, pursuant to § 90.20(c)(2) and § 90.175(b).
> Operation on these frequencies is limited to 5 watts output power for
> mobile or fixed stations. A maximum antenna height of 7 meters (20
> feet) above ground is authorized for fixed stations.

Public Safety Pool Low Power Frequencies

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

> \(7\) Wide area operations will not be authorized. The area of normal
> day-to-day operations will be described in the application in terms of
> maximum distance from a geographic center (latitude and longitude).
>
> \(8\) A hospital or health care institution holding a license to
> operate a radio station under this part may operate a medical radio
> telemetry device with an output power not to exceed 20 milliwatts
> without specific authorization from the Commission. All licensees
> operating under this authority must comply with the requirements and
> limitations set forth in this section.

\(9\) Antennas of mobile stations used as fixed stations communicating
with one or more associated stations located within 45 degrees of
azimuth shall be directional and have a front to back ratio of at least
15 dB.

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

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

\* \* \* \* \*

[^1]: This proceeding was initially assigned WT Docket No. 98-182 as
    part of the Part 90 1998 Biennial Regulatory Review. *See* Consumer
    Information Bureau Reference Information Center Petition for
    Rulemaking Filed, *Public Notice*, Report No. 2442 (Sept. 28, 2000).
    For purposes of administrative convenience, we are severing this
    rulemaking from the Part 90 proceeding and assigning the
    above-captioned docket number.

[^2]: The LMCC is a non-profit association of organizations representing
    virtually all users of land mobile radio systems, providers of land
    mobile services, and manufacturers of land mobile radio equipment.
    LMCC's membership includes all of the Commission's certified Part 90
    frequency coordinators. *See* Petition at 1-2.

[^3]: Land Mobile Communications Council Petition for Rule Making (RM -
    9966), filed Sept. 11, 2000 (Petition). The Commission sought
    comment on the Petition, *see* Petition for Rulemaking Filed,
    *Public Notice*, Report No. 2442 (rel. Sept. 28, 2000), and one
    party, Hexagram, Inc., filed responsive comments. *See* Hexagram,
    Inc. Partial Opposition to Petition for Rule Making, filed November
    13, 2000 (Hexagram Partial Opposition). LMCC filed a reply. *See*
    Land Mobile Communications Council Supplemental Comments, filed on
    December 14, 2000 (LMCC Supplemental Comments).

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

[^5]: *See* Replacement of Part 90 by Part 88 to Revise the Private Land
    Mobile Radio Services and Modify the Policies Governing Them and
    Examination of Exclusivity and Frequency Assignment Policies of the
    Private Land Mobile Services, PR Docket No. 92-235, *Second Report
    and Order,* 12 FCC Rcd 14,307, 14,338-39 ¶ 60 (1997) (*Refarming
    Second R&O*).

[^6]: Replacement of Part 90 by Part 88 to Revise the Private Land
    Mobile Radio Services and Modify the Policies Governing Them and
    Examination of Exclusivity and Frequency Assignment Policies of the
    Private Land Mobile Services, PR Docket No. 92-235, *Report and
    Order and Further Notice of Proposed Rule Making*, 10 FCC Rcd 10,076
    (1995) (*Refarming R&O*).

[^7]: *Id.*, 10 FCC Rcd at 10,110-11 ¶¶ 62-65. Former offset channels
    are not regularly assignable for high power operations if designated
    by the frequency coordinators for low power use. See para. 3,
    *infra*.

[^8]: *Refarming R&O*, 10 FCC Rcd at 10110 ¶ 64; 47 C.F.R. § 90.267(a).

[^9]: ^?^ *Refarming R&O*, 10 FCC Rcd at 10111 ¶ 65. Low power licensees
    that elected to stay on their current channel could obtain primary
    status by raising output power, supplying station coordinates, and
    providing justification to raise output power. *Id*.

[^10]: *Id*.

[^11]: *See* Freeze on the Filing of High Power Applications for 12.5
    kHz Offset Channels in the 450-470 MHz Band, *Public Notice*, DA
    95-1771, 10 FCC Rcd 9995 (1995). Under the old rules, users of the
    low power offset channels were permitted 2 watts output power in all
    services except the Special Industrial Radio Service, where entities
    were eligible to be licensed at an effective radiated power of up to
    100 watts.

[^12]: *Id*. The freeze also allowed the Commission to consider the
    potential for interference to medical telemetry devices, which
    ultimately led to the establishment of specific channels for such
    use. *See* Amendment of Parts 2 and 95 of the Commission's Rules to
    Create a Wireless Medical Telemetry Service, ET Docket 99-255,
    *Report and Order*, 15 FCC Rcd 11,206 (2000) (*Medical Telemetry
    R&O*).

[^13]: *Refarming Second R&O*, 12 FCC Rcd at 14,315-14,319 ¶¶ 15-21.

[^14]: *Id*. at 14,340-41 ¶ 63.

[^15]: *See* Letter from Larry Miller, President, LMCC to Daniel
    Phythyon, Acting Chief, Wireless Telecommunications Bureau, FCC,
    dated June 4, 1997 (Consensus Plan).

[^16]: *See* Letter from Larry Miller, President, LMCC to Daniel
    Phythyon, Acting Chief, Wireless Telecommunications Bureau, FCC,
    dated August 21, 1997 (Low Power Plan).

[^17]: Replacement of Part 90 by Part 88 to Revise the Private Land
    Mobile Radio Services and Modify the Policies Governing Them and
    Examination of Exclusivity and Frequency Assignment Policies of the
    Private Land Mobile Services, PR Docket No. 92-235, *Second
    Memorandum Opinion and Order*, 14 FCC Rcd 8642, 8660 ¶ 37 (1999)
    (*Refarming Second MO&O*). *See also* Office Of Engineering And
    Technology Requests Information On Medical Telemetry Equipment
    Operating in the 450-460 MHz Band, *Public Notice*, 15 FCC Rcd 8324
    (1999).

[^18]: *Medical Telemetry R&O*, 15 FCC Rcd 11,206 (2000). Based on the
    limited usage of the 450-460 MHz band for medical telemetry, the
    Commission found that the freeze on high-power land mobile
    applications in the 450-460 MHz band could be lifted and it stated
    that the Wireless Telecommunications Bureau would issue a public
    notice to lift the freeze in this band "in the near future." *Id.*,
    15 FCC Rcd at 11,227 ¶ 63.

[^19]: *Medical Telemetry R&O*, 15 FCC Rcd 11,225 ¶ 57. The Commission
    noted that medical telemetry has no legal protection from
    interference in the current bands, including the 450-470 MHz band,
    because it is authorized on a secondary basis; however, "the fact
    remains that the Commission has had to take steps to protect medical
    telemetry from interference because it is used to protect safety of
    life." *Id*.

[^20]: *See* Wireless Telecommunications Bureau Accepts LMCC Low Power
    Plan for Part 90 450-470 MHz Band, *Public Notice*, 15 FCC Rcd
    11,598 (2000) (*Low Power Public Notice*). In a companion public
    notice released the same day, WTB announced it was lifting the
    freeze. *See* Freeze on the Filing of High Power Applications for
    12.5 kHz Offset Channels in the 450-460 MHz Band to be lifted
    January 29, 2001, *Public Notice*, 15 FCC Rcd 9996 (2000). The
    freeze on the 460-470 MHz segment of the band, however (where most
    medical telemetry operations are located), remains in effect until
    October 2003. *Medical Telemetry R&O*, 15 FCC Rcd 11,227-28 ¶ 65.

[^21]: *See* 47 C.F.R. § 90.267. The regularly assignable channels are
    listed in Subpart B (Public Safety Radio Pool) and Subpart C
    (Industrial/Business Radio Pool) of Part 90. *Id*. § 90.267(a).

[^22]: *See* 47 C.F.R. § 90.267(a)(3).

[^23]: Consensus Plan at 2.

[^24]: *Id*.

[^25]: Implementation of Sections 309(j) and 337 of the Communications
    Act of 1934, as Amended, *Report and Order and Further Notice of
    Proposed Rule Making*, FCC 00-403, ¶ 96 (rel. Nov. 20, 2000)
    (concluding that the public interest would best be served by
    retaining the current licensing scheme for the PLMR frequencies
    below 470 MHz).

[^26]: LMCC's Petition incorporates and proposes the elements of the
    1997 Consensus Plan that required rule revisions. Thus, we refer to
    the Consensus Plan and the Petition interchangeably.

[^27]: Petition at 8.

[^28]: *Id.* LMCC notes that these channels also support traffic control
    in highway construction corridors. *Id.*

[^29]: *Id*. at 5.

[^30]: *Id*. Industrial and manufacturing complexes are often faced with
    hostile radio environments due to the heavy electrical machinery and
    other significant generators of unintentionally radiated
    electromagnetic energy that are operated within typically enclosed
    environments.

[^31]: Petition at 7.

[^32]: Itinerant operation is defined as operation of a radio station at
    unspecified locations for varying periods of time. 47 C.F.R. § 90.7.
    LMCC notes that access to low power itinerant frequencies would
    especially benefit certain small business users, *e.g.*,
    electricians and plumbers, that need itinerant, on-site
    communications. Petition at 7.

[^33]: *Id*.

[^34]: *Id*. at 6.

[^35]: *See, e.g.*, *Refarming Second R&O*, 12 FCC Rcd at 14341 ¶ 64.

[^36]: *See* Petition at 6.

[^37]: *See*, *e.g., id*. at 3.

[^38]: *Id*. at 6.

[^39]: *Id*. at 7. As discussed below, Section 90.267(a)(3) limits low
    power operations to two watts TPO.

[^40]: 47 C.F.R. § 90.267(a)(3).

[^41]: *See, e.g.,* Petition at 4-6.

[^42]: In addition to the fifty channel pairs specified, the same
    criteria apply to the channels 6.25 kHz immediately above and below
    these channels.

[^43]: Petition at 6.

[^44]: *Id.*

[^45]: *Id*. In the PLMR 450-470 MHz band, full power operation
    generally means a maximum of 500 watts ERP up to a reference antenna
    height above average terrain (HAAT) of 125 meters. *See* 47 C.F.R.
    § 90.205(g).

[^46]: As noted, the frequency coordinators are currently authorized
    under 47 C.F.R. § 90.267 to designate low power channels by
    geographic areas.

[^47]: *See* 47 C.F.R. § 90.35(c)(60).

[^48]: Petition at 6; *see also* LMCC Supplemental Comments at 3.

[^49]: Hexagram Partial Opposition at 2. Hexagram calls this proposal
    "unwise," as it will reduce the number of operators that can be
    licensed in a given geographical area. *Id*.

[^50]: *See* LMCC Supplemental Comments at 3.

[^51]: *See* 47 C.F.R. § 90.267 (1994).

[^52]: *See* Development of Operational, Technical and Spectrum
    Requirements for Meeting Federal, State and Local Public Safety
    Agency Communication Requirements Through the Year 2010, *Second
    Memorandum Opinion and Orde*r, WT Docket No. 96-86, 15 FCC Rcd.
    16,844 ¶ 13 (2000).

[^53]: *See, e.g.*, 47 C.F.R. §§ 90.261 (TPO limitations based on
    proximity to center of any urbanized area of 600,000 population),
    90.35(c)(i)(63) (central station alarm use restricted to areas
    within boundaries of urbanized areas of 200,000 or more population),
    90.635 (power and antenna height limitations based on proximity to
    50 urbanized areas), 90.741 (licensees of Phase I nationwide 220-222
    MHz systems must construct and operate in 28 of 100 listed urbanized
    areas). *See also* Amendment of Part 90 of the Commission's Rules
    Concerning Bio-Medical Telemetry Operations, PR Docket No. 80-422,
    *Report and Order*, 85 FCC2d 745 ¶ 9 (1981).

[^54]: *See, e.g.*, 47 C.F.R. § 52.23 (schedule for deployment of
    long-term database methods for number portability by local exchange
    carriers is defined, in part, by reference to 100 largest
    Metropolitan Statistical Areas (MSAs)).

[^55]: *See* U.S. Department of Commerce, *Airline Distance Between
    Cities in the United States*, Appendix, page 226; 47 C.F.R. §
    90.261.

[^56]: *See, e.g.*, The Development of Operational, Technical and
    Spectrum Requirements for Meeting Federal, State and Local Public
    Safety Communication Requirements Through the Year 2010, WT Docket
    No. 96-86, *Fourth Report and Order and Fifth Notice of Proposed
    Rule Making*, FCC 01-10, ¶ 97 (rel. January 17, 2001) (noting
    "five-step, twenty-one year plan" proposal that would require Public
    Safety 700 MHz band General Use operations in Top fifty metropolitan
    areas to migrate to 6.25 kHz technology five-years earlier than
    proposed deadline for outside areas).

[^57]: 47 C.F.R. § 90.35(c)(30).

[^58]: In addition to the ten 12.5 kHz channel pairs specified, the same
    criteria apply to the channels 6.25 kHz immediately above and below
    these channels.

[^59]: Petition at 7. LMCC notes that typical operations on these
    channels would include wireless data transmissions used for "remote
    control of cranes, robotics, etc." *Id*.

[^60]: *See* 47 C.F.R. § 90.35(c)(30).

[^61]: *Id*.

[^62]: The example that the petitioner provided was a voice transmission
    causing a remote oil tank to be overfilled and rupturing. *See*
    Dataradio Petition for Reconsideration and/or Clarification of the
    *Second MO&O*, filed August 5, 1999 at 11-12.

[^63]: *Id*. at 12. The Commission concluded that this issue went beyond
    the scope of the *Refarming* proceeding and that Dataradio's
    concerns would be most appropriately raised and considered in the
    context of LMCC's Petition. *See* Replacement of Part 90 by Part 88
    to Revise the Private Land Mobile Radio Services and Modify the
    Policies Governing Them and Examination of Exclusivity and Frequency
    Assignment Policies of the Private Land Mobile Services, PR Docket
    No. 92-235, *Fifth Memorandum Opinion and Order*, FCC 00-439 ¶¶
    11-12 (rel. December 29, 2000) (*Fifth MO&O*).

[^64]: In addition to the twenty-five 12.5 kHz channel pairs specified,
    the same criteria apply to the channels 6.25 kHz immediately above
    and below these channels.

[^65]: 47 C.F.R. § 90.7.

[^66]: Petition at 7.

[^67]: These frequencies would be available for use nationwide, as the
    types of projects suited for low power, itinerant communications can
    take place in any state or region.

[^68]: 47 C.F.R. § 90.35(c)(60). We nonetheless note that there are a
    total of thirty-one frequencies available for dockside (cargo
    handling) operations on a primary basis and for low power use on a
    secondary basis. *Id.* We further note that dockside frequencies are
    subject to the outcome of the *Further Notice of Proposed Rule
    Making* in WT Docket No. 98-182, which sought comment on a proposal
    to eliminate the low power restriction on eight of the dockside
    frequencies and to designate the American Automobile Association as
    the sole coordinator of these eight channels. *See* 1998 Biennial
    Regulatory Review -- 47 C.F.R. Part 90 - Private Land Mobile Radio
    Services, WT Docket No. 98-182, *Report and Order and Further Notice
    of Proposed Rule Making*, 15 FCC Rcd 16,673, 16,695-696 ¶¶ 49-50
    (2000).

[^69]: *Id*. at § 90.35(c)(35).

[^70]: 47 C.F.R. §§ 90.35(c)(67), 90.267(a)(5). These frequencies
    include: 462.7625 MHz, 462.7875 MHz, 462.8125 MHz, 462.8375 MHz,
    462.8625 MHz, 462.8875 MHz, 462.9125 MHz, 467.8625 MHz, 467.8875
    MHz, and 467.9125 MHz. Although such medical telemetry operations
    are authorized on a secondary basis, the Commission has previously
    recognized the importance of this vital service. *See, e.g., Medical
    Telemetry R&O*, 15 FCC Rcd 11,206 ¶ 1; *see also* note Error:
    Reference source not found and accompanying text, *supra*.

[^71]: *Id*. ¶ 65.

[^72]: *See* 47 C.F.R §§ 90.35(c)(30), (62).

[^73]: Petition at 7.

[^74]: *Id*. at 5.

[^75]: Certain low power and itinerant frequencies in the
    Industrial/Business Pool that are used for very low tier, low cost,
    entry level communications are commonly referred to as color dot
    frequencies because their operating frequencies are designated by a
    colored dot or star on the radio. This frequency identification code
    was developed by, and apparently is uniformly used by, the
    manufacturers of these radios. *See, e.g.*, 1998 Biennial Regulatory
    Review -- 47 C.F.R. Part 90 - Private Land Mobile Radio Services,
    *Notice of Proposed Rule Making*, WT Docket No. 98-182, 13 FCC Rcd
    21,113 ¶ 31 n.55 (1998).

[^76]: Petition at 8.

[^77]: *See* 47 C.F.R. § 90.203.

[^78]: LMCC Supplemental Comments at 4.

[^79]: Partial Opposition at 3.

[^80]: In addition to the five 12.5 kHz channel pairs specified, the
    same criteria apply to the channels 6.25 kHz immediately above and
    below these channels.

[^81]: Petition at 7, n.5 (referring to 47 C.F.R. § 90.267(a)(7)(ii)).

[^82]: Three of these frequency pairs, 460/465.9126 MHz, 460/465.9375
    MHz, and 460/465.9625 MHz are available for CSA operations only
    within the boundaries of urbanized areas of 200,000 or more
    population. 47 C.F.R. § 90.35(c)(63). Two of the frequency pairs,
    460/465.9875 MHz and 460/465.0125 MHz, are available for CSA
    operations without regard to top urban areas. 47 C.F.R. §§
    90.35(c)(66). Secondary fixed CSA operations are allowed, with
    certain restrictions, on all five of these frequency pairs. 47
    C.F.R. § 90.35(c)(64).

[^83]: *See, e.g.,* discussion at para. 18, *supra*. We also note that
    466.0125 MHz is available for hospital use on a secondary basis. 47
    C.F.R. § 90.35(c)(69).

[^84]: 47 C.F.R. § 90.35(c)(63).

[^85]: Petition at 7, n.5.

[^86]: *Refarming Second MO&O*, 14 FCC Rcd at 8660 ¶ 36; *Fifth MO&O*,
    FCC 00-439 ¶ 13.

[^87]: Petition at 8.

[^88]: *Id*. In addition to the fourteen 12.5 kHz channel pairs
    specified, the same criteria apply to the channels 6.25 kHz
    immediately above and below these channels.

[^89]: A list of the specific channels that LMCC proposes to designate
    for each group is set forth in Appendix A.\
    *See also* Consensus Plan at Appendix A.

[^90]: *See id*. at ¶¶ 11-12. We believe that similarly limiting
    channels to voice-only operations would be inapplicable for Group D
    because these channels are available for central station alarm
    operations. 47 C.F.R. §§ 90.35(c)(63), (64). *See also* note Error:
    Reference source not found, *supra*.

[^91]: *See* 47 C.F.R. §§ 90.173(i), 90.20, and 90.35.

[^92]: *Refarming Second R&O*, 12 FCC Rcd at 14,343 ¶ 67.

[^93]: *Id*.

[^94]: *See* Appendix A to *Low Power Public Notice*, note Error:
    Reference source not found, *supra*.

[^95]: *See, e.g.,* paras. 24, 26, *supra*.

[^96]: Pub. L. No. 96-354, 94 Stat. 1165, 5 U.S.C. §§ 601-612 (1980).

[^97]: Where available, the channels 6.25 kHz directly above and below
    these channels are also designated for low power use.

    \* We propose that these channel pairs not be available for Group C
    itinerant use and seek alternative proposals. *See supra* para. 22.

[^98]: Where available, the channels 6.25 kHz directly above and below
    these channels are also designated for low power use.

[^99]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601 *et. seq*.,
    has been amended by the Contract With America Advancement Act of
    1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of
    the CWAAA is the Small Business Regulatory Enforcement Fairness Act
    of 1996 (SBREFA).

[^100]: 5 U.S.C. § 603(b)(3).

[^101]: *Id*. § 601(3).

[^102]: *Id*. § 632.

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

[^104]: 5 U.S.C. § 601(5).

[^105]: U.S. Dep't of Commerce, Bureau of the Census, *1992 Census of
    Governments*.

[^106]: *Id.*

[^107]: *See* subparts A and B of Part 90 of the Commission's Rules, 47
    C.F.R. §§ 90.1-90.22. Police licensees include 26,608 licensees that
    serve state, county, and municipal enforcement through telephony
    (voice), telegraphy (code), and teletype and facsimile (printed
    material). Fire licensees include 22,677 licensees comprised of
    private volunteer or professional fire companies, as well as units
    under governmental control. Public Safety Radio Pool licensees also
    include 40,512 licensees that are state, county, or municipal
    entities that use radio for official purposes. There are also 7,325
    forestry service licensees comprised of licensees from state
    departments of conservation and private forest organizations that
    set up communications networks among fire lookout towers and ground
    crews. The 9,480 state and local governments are highway maintenance
    licensees that provide emergency and routine communications to aid
    other public safety services to keep main roads safe for vehicular
    traffic. Emergency medical licensees (1,460) use these channels for
    emergency medical service communications related to the delivery of
    emergency medical treatment. Another 19,478 licensees include
    medical services, rescue organizations, veterinarians, handicapped
    persons, disaster relief organizations, school buses, beach patrols,
    establishments in isolated areas, communications standby facilities,
    and emergency repair of public communications facilities.

[^108]: *See* 13 C.F.R. § 121.201 (SIC Code 4812).

[^109]: *See* 5 U.S.C. § 601(5) (including cities, counties, towns,
    townships, villages, school districts, or special districts).

[^110]: 5 U.S.C. § 601(5).

[^111]: U.S. Dept. of Commerce, Bureau of the Census, \"1992 Census of
    Governments.\"

[^112]: *Id.*

[^113]: *See* 13 C.F.R. § 121.201 (SIC Code 4812) (NAICS Code 51322).

[^114]: *Id.*

[^115]: *See* Federal Communications Commission, 60th Annual Report,
    Fiscal Year 1994 at 120-121.

[^116]: 13 C.F.R. § 121.201, Standard Industrial Code (SIC) 3663.

[^117]: U.S. Dept. of Commerce, *1992 Census of Transportation,
    Communications and Utilities* (issued May 1995), SIC 3663.