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 Federal  Communications  Commission  FCC  02-  67 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C. 


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


 FOURTH  MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  March  5,  2002  Released:  March  14,  2002 
 By  the  Commission: 
 TABLE  OF  CONTENTS 
 Paragraph 
 I.  INTRODUCTION..................................................................................................................................  1  II.  EXECUTIVE  SUMMARY....................................................................................................................  2 
 III.  BACKGROUND....................................................................................................................................  3  IV.  DISCUSSION  ........................................................................................................................................  7 
 A.  Precoordination  Database  ................................................................................................................  7  B.  Secondary  Trunking  on  Eight  Interoperability  Channels  (12.5  kHz  systems)  and 
 Eight  Adjacent  Channels  (25  kHz  systems)...................................................................................  11  C.  Guard  Channels..............................................................................................................................  14 
 D.  Access  Priority  ...............................................................................................................................  18  E.  Channel  Designation......................................................................................................................  21 
 F.  Interoperability  Channel  Capability  Requirement  .........................................................................  24  1.  Timeframe  for  Interoperability  Capability  ..............................................................................  24 
 2.  Com-  Net  Ericsson  -  Petition  for  Declaratory  Ruling  ..............................................................  30  G.  Other  Matters  .................................................................................................................................  32 
 1.  Section  90.548,  Interoperability  technical  standards...............................................................  32  2.  Section  90.553,  Encryption  .....................................................................................................  36 
 3.  Section  90.531,  Band  plan.......................................................................................................  37  V.  PROCEDURAL  MATTERS................................................................................................................  39 
 A.  Regulatory  Flexibility  Act  .............................................................................................................  39  B.  Paperwork  Reduction  Act  ..............................................................................................................  40 
 VI.  ORDERING  CLAUSES.......................................................................................................................  41 
 APPENDIX  A.........................................................  Supplemental  Final  Regulatory  Flexibility  Analysis  for  Fourth  Memorandum  Opinion  and  Order 
 APPENDIX  B..................................................  List  of  Parties  for  Fourth  Memorandum  Opinion  and  Order  APPENDIX  C...............................................................................................................................  Final  Rules 
 APPENDIX  D................................................................................  700  MHz  Band    Spectrum  Designations 
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 APPENDIX  E  .....................................................  700  MHz  Band    Segmentation  and  Channelization  Table  I.  INTRODUCTION 
 1.  In  the  Fourth  Report  and  Order  and  Fifth  Notice  of  Proposed  Rule  Making  in  the  captioned  proceeding,  1  the  Commission  adopted  various  technical  and  operational  rules  and  policies 
 regarding  use  of  public  safety  frequencies  in  the  764-  776  MHz  and  794-  806  MHz  bands  (the  700  MHz  public  safety  band)  designated  for  narrowband  Interoperability  uses.  2  The  Commissions  actions  in  the 
 Fourth  R&  O  were  based  on  the  comments  received  in  response  to  the  Fourth  Notice  of  Proposed  Rule  Making,  which  reflected  the  recommendations  of  the  Public  Safety  National  Coordination  Committee 
 (NCC),  3  an  advisory  committee  established  in  accordance  with  the  Federal  Advisory  Committee  Act.  4  We  received  four  petitions  for  reconsideration  or  clarification  of  the  Fourth  R&  O,  as  well  as  responsive 
 comments,  oppositions,  replies  to  oppositions,  and  ex  parte  filings.  This  Fourth  Memorandum  Opinion  and  Order  (  Fourth  MO&  O)  addresses  issues  raised  in  these  petitions  and  other  filings,  and  considers 
 several  matters  raised  sua  sponte. 
 II.  EXECUTIVE  SUMMARY 
 2.  We  have  carefully  considered  the  issues  presented  on  reconsideration  of  the  Fourth  R&  O.  We  agree  with  petitioners  that  secondary  trunking  channels  5  ought  to  be  evenly  distributed  among  all 


 four  former  TV  channels  63,  64,  68,  and  69,  but  decline  to  designate  6.25  kHz  bandwidth  "guard  channels,  immediately  above  and  below  each  narrowband  Interoperability  channel  set  (12.5  kHz 
 bandwidth).  Because  the  proposed  pre-  coordination  database  is  not  yet  operational,  we  believe  it  premature,  at  this  time,  to  mandate  that  public  safety  entities  use  such  a  database  as  a  condition  of 
 licensing  in  the  700  MHz  public  safety  band.  In  addition,  we  continue  to  believe  that  states  and  local  jurisdictions  are  in  the  best  position  to  determine  access  priority  levels,  and  we  thus  refrain  from 
 establishing  nationwide,  codified  priority  levels  in  the  700  MHz  public  safety  band.  Likewise,  we  affirm  the  Commissions  decision  not  to  adopt  a  table  of  channel  assignments  for  nationwide  use.  Finally,  we 
 believe  adoption  of  Project  25  Phase  I  as  the  digital  voice  standard  for  the  700  MHz  public  safety  band  Interoperability  channels  will  allow  for  early  entry  into  that  spectrum  by  public  safety  entities  located  in 
 areas  presently  unencumbered  by  television  stations  operating  on  TV  channels  63,  64,  68,  and  69;  thus  we  do  not  believe  a  transition  period  is  necessary  before  the  standard  becomes  mandatory. 


 1  16  FCC  Rcd  2020  (2001)  (  Fourth  R&  O). 
 2  The  Commission  has  defined  Interoperability  as  an  essential  communications  link  within  public  safety  and 
 public  service  wireless  communications  systems  which  permits  units  from  two  or  more  different  entities  to  interact  with  one  another  and  to  exchange  information  according  to  a  prescribed  method  in  order  to  achieve  predictable 


 results.  Development  of  Operational,  Technical  and  Spectrum  Requirements  for  Meeting  Federal,  State  and  Local  Public  Safety  Agency  Communications  Requirements  Through  the  Year  2010,  WT  Docket  No.  96-  86,  First 
 Report  and  Order  and  Third  Notice  of  Proposed  Rulemaking,  14  FCC  Rcd  152,  189-  90    76  (1998). 
 3  See  Public  Safety  National  Coordination  Committees  Recommendations  to  the  Federal  Communications 
 Commission  for  Technical  and  Operational  Standards  for  Use  of  the  764-  776  MHz  and  794-  806  MHz  Public  Safety  Band  Pending  Development  of  Final  Rules  (Feb.  25,  2000)  (NCC  Report).  The  NCC  report  included 


 detailed  technical  information.  A  copy  of  the  NCC  Report  can  be  obtained  via  the  Internet  at  http://  wireless.  fcc.  gov/  publicsafety,  or  from  Qualex  International,  Portals  II,  445  12  th  Street  SW,  Room  CY-  B402, 
 Washington,  DC  20554,  telephone  202-  863-  2893,  facsimile  202-  863-  2898,  or  via  e-  mail  qualexint@  aol.  com. 
 4  5  U.  S.  C.  App.  2  (1988). 


 5  In  its  Report,  the  NCC  recommended  that  the  Commission  allow,  but  not  mandate,  trunking  on  some  of  the 
 Interoperability  channels  on  a  secondary  basis;  these  channels  have  become  known  as  secondary  trunking  channels.  NCC  Report  at  9    24;  see  also  Fourth  R&  O,  16  FCC  Rcd  at  2033-  37    36-  45. 
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 III.  BACKGROUND 
 3.  In  the  First  Report  and  Order  in  this  proceeding,  the  Commission  adopted  licensing  and  service  rules  for  the  700  MHz  public  safety  band,  which  consists  of  twenty-  four  megahertz  of  radio 


 spectrum  comprised  of  TV  Channels  63,  64,  68  and  69.  6  Specifically,  the  Commission  adopted  a  band  plan  that  designated  12.  6  megahertz  for  General  Use  (approximately  one-  half  of  the  spectrum),  7  2.6 
 megahertz  for  Interoperability,  and  8.8  megahertz  as  Reserve  Spectrum.  8  In  addition,  the  Commission  found  strong  support  for  national  planning  for  both  the  Interoperability  spectrum  and  the  General  Use 
 spectrum.  9  Accordingly,  the  Commission  chartered  the  NCC  as  an  advisory  committee  for  the  purpose  of  addressing  and  advising  it  on  certain  issues  regarding  the  700  MHz  band.  10 


 4.  On  February  25,  2000,  the  NCC  submitted  its  report  to  the  Commission,  describing  the  participants  in  the  NCCs  decision  making  process,  the  meetings  that  the  NCC  conducted,  and  the 
 exchanges  of  information  that  occurred  in  developing  the  NCCs  recommendations.  11  On  August  2,  2000,  the  Commission  released  the  Fourth  Notice  seeking  comments  on  the  NCC  Report  and  its 
 recommendations. 
 5.  On  January  17,  2001,  the  Commission  released  the  Fourth  Report  and  Order  and  Fifth  Notice  of  Proposed  Rule  Making,  in  which  it  designated  rules  and  policies  for  the  Interoperability 


 spectrum.  12  In  the  Fourth  R&  O,  the  Commission  adopted  many  of  the  NCCs  recommendations  and  determined  that  the  administrative  and  technical  oversight  of  operations  on  the  Interoperability  spectrum 
 should  be  performed  at  the  state  level.  It  also  permitted  trunked  operations  on  eight  of  the  Interoperability 


 6  First  Report  and  Order  and  Third  Notice  of  Proposed  Rulemaking,  14  FCC  Rcd  152,  162-  64    13-  16. 
 7  The  amount  was  subsequently  changed  to  12.  5  MHz.  See  note  14  infra. 
 8  Id.  at  176.  The  General  Use  spectrum  is  administered  by  regional  planning  committees  and  will  be  licensed  for 
 public  safety  services  on  a  site-  by-  site  basis  in  accordance  with  the  relevant  Commission-  approved  regional  plan  and  frequency  coordination.  The  Interoperability  spectrum  is  designated  for  communications  within  public  safety 


 and  public  service  wireless  communications  systems  which  permits  units  from  two  or  more  different  entities  to  interact  with  one  another  and  to  exchange  information  according  to  a  prescribed  method  in  order  to  achieve 
 predictable  results.  Mobile  units  are  licensed  by  rule  and  any  base  stations  must  be  approved  by  the  relevant  Interoperability  administrator,  e.  g.,  designated  state  agency  or  RPC,  and  licensed  site-  by-  site. 


 9  Id.  at  196    90. 
 10  Id.  at  197    92.  Among  its  major  responsibilities,  the  NCC  was  charged  with:  (1)  formulating  and  submitting 
 for  Commission  review  and  approval  an  operational  plan  to  achieve  national  Interoperability  that  includes  a  shared  or  priority  system  among  users  of  the  Interoperability  spectrum,  for  both  day-  to-  day  and  emergency  operations, 


 and  recommendations  regarding  Federal  users'  access  to  the  Interoperability  spectrum;  (2)  recommending  Interoperability  digital  modulation,  trunking,  and  receiver  standards  for  Commission  review  and  approval; 
 (3)  providing  voluntary  assistance  in  the  development  of  coordinated  regional  plans;  and  (4)  providing  general  recommendations  to  the  Commission  on  operational  plans  of  the  public  safety  community.  Id.  See  also  Federal 
 Advisory  Committee  Act,  5  U.  S.  C.  App.  2  (1988). 
 11  For  a  discussion  of  the  NCCs  activities  from  its  inception,  see  NCC  Report  at  1-  4. 


 12  The  Fourth  R&  O  treated  the  NCCs  recommendations.  We  simultaneously  issued  a  Fifth  Notice  of  Proposed 
 Rule  Making  regarding  migration  to  6.25  kHz  technology  on  the  General  Use  channels.  We  issued  this  as  a  separate  notice  of  proposed  rule  making,  as  opposed  to  resolving  the  migration  question  in  the  Fourth  R&  O, 


 because  the  issue  of  migration  to  6.25  kHz  technology  on  the  General  Use  channels  was  not  raised  in  the  underlying  Fourth  Notice  of  Proposed  Rule  Making  or  in  the  NCC  Report. 
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 channels  on  a  secondary  basis,  13  under  certain  circumstances,  and  adopted  Project  25  Phase  I  as  the  digital  standard  for  the  700  MHz  band  narrowband  Interoperability  channels.  The  Commission  also  stated  that 
 licensees  may  employ  encryption  on  any  Interoperability  channel,  except  the  two  calling  channels,  provided  that  they  use  the  encryption  standard  specified  by  the  Commission.  Certain  recommendations 
 from  the  NCC  and  other  commenters  that  the  Commission  did  not  codify  or  adopt  are  the  subject  of  the  petitions  for  reconsideration  that  we  address  in  the  instant  Fourth  Memorandum  Opinion  and  Order.  In 
 addition,  we  take  this  opportunity  to  clarify  other  matters  relating  to  the  Fourth  R&  O. 
 6.  As  noted  above,  the  Commission  first  adopted  spectrum  designations  for  the  700  MHz  public  safety  band  in  1998;  since  then,  it  has  revised  these  designations  twice.  14  For  convenient  reference, 


 the  table  in  Appendix  D  sets  forth  the  spectrum  designations  to  date,  which  are  not  changed  in  the  instant  Fourth  Memorandum  Opinion  and  Order. 


 IV.  DISCUSSION 
 A.  Precoordination  Database 
 7.  In  the  Fourth  R&  O,  the  Commission  agreed  that  the  pre-  coordination  database  referenced  in  the  NCC  Report  15  had  merit  and  could  be  used  as  an  effective  planning  tool.  16  Nonetheless,  because 


 the  database  was  still  under  development,  i.  e.,  incomplete  and  untested,  the  Commission  declined  to  require  its  use  at  this  time.  17  Of  particular  concern,  the  Commission  noted  that  a  decision  to  require  the 
 use  of  a  database  under  development  could  inadvertently  delay  the  actual  use  of  the  spectrum.  18 
 8.  Petitioners  John  S.  Powell  (  Powell)  19  and  the  Public  Safety  Wireless  Network  (  PSWN)  20  both  assert  that  the  Commission  should,  in  fact,  mandate  that  public  safety  entities  use  a  pre-  coordination 


 13  Certain  interoperability  channels  are  available  for  non-  interoperability  trunked  (12.  5  kHz)  systems  on  a 
 secondary  basis  to  interoperability.  Secondary  trunking  channels  can  be  added  designated  interoperability  channels  when  needed  for  non-  interoperability  trunked  25  kHz  systems.  In  the  Fourth  R&  O,  the  Commission 


 established  the  parameters  of  permissible  secondary  trunking  use.  See  paras.  11-  13  infra. 
 14  The  Fourth  R&  O  designated  0.  2  megahertz  of  Reserve  spectrum,  adjacent  to  the  eight  Interoperability  channels, 
 to  be  Secondary  Trunking  channels.  See  Fourth  R&  O,  16  FCC  Rcd  at  2036-  37    44-  45.  In  September  2000,  the  Commission  revised  the  1998  band  plan  by  adopting,  inter  alia,  State  License  and  Low  Power  designations. 


 See  The  Development  of  Operational,  Technical  and  Spectrum  Requirements  for  Meeting  Federal,  State  and  Local  Public  Safety  Agency  Communications  Requirements  Through  the  Year  2010,  WT  Docket  No.  96-  86,  Third 
 Memorandum  Opinion  and  Order  and  Third  Report  and  Order,  15  FCC  Rcd  19844,  19848  (2000). 
 15  In  its  Report,  the  NCC  noted  that  [  t]  he  National  Public  Safety  Telecommunications  Council  (NPSTC)  has 
 requested  the  NCC  to  recommend  that  the  Commission  take  whatever  action  is  necessary  to  ensure  that  the  Regional  Planning  Committees  make  mandatory  use  of  a  700  MHz  public  safety  pre-  coordination  database  when 


 specifying  interoperability  channel  assignments.  The  database  is  to  be  used  on  a  real  time  basis  to  provide  optimum  spectrum  use  and  to  avoid  selection  of  channels  that  would  result  in  interference  conflicts.  The  database 
 would  be  provided  and  maintained  by  the  National  Law  Enforcement  and  Corrections  Technology  Center    Rocky  Mountain  Region  (NLETC)  and  would  be  funded  by  the  National  Institute  of  Justice  (NIJ).  NCC  Report  at  23   
 74  (footnotes  omitted). 
 16  Fourth  R&  O,  16  FCC  Rcd  at  2028    18  citing  Joint  Commenters  Comments  at  16. 


 17  Fourth  R&  O,  16  FCC  Rcd  at  2028    18. 
 18  Fourth  R&  O,  16  FCC  Rcd  at  2028    18. 
 19  John  Powell  is  a  25-  year  veteran  sergeant  with  the  University  of  California  Police  Department  at  Berkeley, 
 California.  Among  other  positions,  he  currently  chairs  the  NCCs  Interoperability  Committee.  Powell  Petition  at  2-  4. 
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 database.  21  Expressing  concern  that  not  mandating  participation  in  such  a  database  will  result  in  incomplete  or  inaccurate  information  to  public  safety  entities,  PSWN  further  notes  that  the  database 
 would  give  the  regional  planning  committees  (RPC)  the  ability  to  choose  Interoperability  channels  that  would  avoid  co-  channel  and  adjacent  channel  interference  on  the  700  MHz  band  of  spectrum.  22  In 
 addition,  [  t]  he  obligation  to  create,  initially  populate  and/  or  administer  this  pre-  coordination  database  will  not  fall  to  the  Commission,  the  states  nor  the  [RPCs],  23  according  to  Powell,  who  adds  that  the 
 RPCs  will  be  major  users  and  beneficiaries  of  such  a  database.  24  In  this  connection,  we  also  note  that  the  Public  Safety  Communications  Council  (PSCC)  support[  s]  the  700  MHz  pre-  coordination  database  and 
 is  committed  to  use  [it]  for  the  purposes  of  pre-  coordination  .  .  .  .  25 
 9.  In  reviewing  the  petitions,  we  continue  to  believe  it  is  premature  to  mandate  use  of  a  precoordination  database.  Moreover,  as  the  Commission  stated  in  the  Fourth  R&  O,  we  believe  the  pre-coordination 


 database  may  have  the  greatest  benefit  in  planning  for  the  General  Use  channels,  given  that  we  expect  to  have  more  applications  filed  for  the  General  Use  channels,  and  to  have  more  licensees  in  the 
 General  Use  channels.  26  In  this  connection,  we  note  that  applicants  for  General  Use  channels  are  likely  to  propose  high-  power  base  stations  at  specific  locations  and  that  such  applications  must  be  frequency 
 coordinated.  A  precoordination  database  could  greatly  assist  the  RPCs  in  developing  the  regional  plans  that  must  precede  the  filing  of  individual  applications.  Thus,  in  addressing  the  petitions,  we  emphasize 
 that  the  Fourth  R&  O  established  rules  for  the  Interoperability  channels  only,  and  that  it  remains  unclear  to  what  extent  public  safety  entities  will  build  infrastructure  for  use  on  the  Interoperability  channels  as 
 opposed  to  using  the  Interoperability  spectrum  for  mobile-  to-  mobile  communications  27  that  do  not  require  coordination  because  they  are  licensed  by  rule.  Furthermore,  we  note  that  the  petitions  do  not 
 address  the  concerns  raised  in  the  Fourth  R&  O  that  mandating  the  use  of  a  pre-  coordination  database  that  is  under  development  could  inadvertently  delay  access  to  the  700  MHz  public  safety  band.  28  We  further 
 note  that  neither  the  States  nor  the  RPCs  have  sought  to  have  the  Commission  mandate  the  use  of  a  pre-coordination  database.  Thus,  we  are  not  inclined  to  change  our  decision  on  this  matter. 


 20  PSWN  is  a  federally  funded  initiative  operating  on  behalf  of  all  local,  state,  and  federal  public  safety  agencies. 
 The  Department  of  Defense  and  the  Department  of  the  Treasury  are  jointly  leading  the  PSWN  Programs  effort  to  plan  and  foster  interoperability  among  public  safety  wireless  networks.  PSWN  Petition  at  2,  note  3.  PSWN  has 


 been  an  active  participant  in  NCC-  related  meetings  and  proceedings. 
 21  See  Powell  Petition  at  5;  PSWN  Petition  at  3-  4. 


 22  PSWN  Petition  at  4. 
 23  Powell  Petition  at  5. 
 24  Id. 
 25  See,  e.  g.,  WT  Docket  96-  86,  Letter  from  the  Public  Safety  Communications  Council,  Al  Mello,  Chairman,  to 
 Marilyn  Ward,  Chairperson,  National  Public  Safety  Telecommunications  Council  (dated  May  24,  2001).  The  PSCC  letters  states  the  position  of  AASHTO,  APCO,  FCCA,  and  IMSA/  IAFC  (the  four  FCC-  certified  public 


 safety  coordinators)  regarding  the  pre-  coordination  database.  Id.  at  1. 
 26  Fourth  R&  O,  16  FCC  Rcd  at  2028    19. 


 27  Id. 
 28  Id.  at  2028    18. 
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 10.  We  nonetheless  reiterate  our  support  for  development  of  a  pre-  coordination  database  for  the  700  MHz  public  safety  band.  29  We  note,  however,  that  the  commitment  of  AASHTO,  APCO,  FCCA, 
 and  IMSA/  IAFC  to  use  the  database  may  moot  any  need  for  the  Commission  to  adopt  a  requirement.  These  development  issues  aside,  we  do  agree  conceptually  that  such  a  database,  once  fully  functional, 
 could  be  a  useful  tool  for  RPCs.  We  also  believe  that  use  of  it  as  a  planning  tool  would  increase  the  accuracy  of  the  700  MHz  public  safety  band  planning  data  while  facilitating  inter-  regional  coordination. 
 Furthermore,  we  note  that  all  of  the  frequency  coordinators  certified  for  the  700  MHz  public  safety  band  are  committed  to  using  the  database.  30  Nonetheless,  we  also  note  our  disinclination  to  require  RPCs  to 
 participate  in  a  third-  party  database  if  adopting  such  a  requirement  would  establish  the  database  as  the  gatekeeper  of  the  General  Use  spectrum.  Put  differently,  our  concept  of  the  pre-  coordination  database, 
 referenced  in  the  NCC  Report  and  the  petitions,  anticipates  a  planning  resource  that  assists  each  RPC  in  developing  its  plan  in  coordination  with  other  relevant  RPCs  by  providing  spectrum-  management 
 recommendations  and  accessible,  online  data  sharing  capabilities  among  RPCs. 
 B.  Secondary  Trunking  on  Eight  Interoperability  Channels  (12.5  kHz  systems)  and  Eight  Adjacent  Channels  (25  kHz  systems) 


 11.  In  the  Fourth  R&  O,  the  Commission  allowed,  but  did  not  mandate,  trunking  on  a  permissive  basis  on  the  Interoperability  channels.  31  Further,  the  Commission  concurred  with  the  NCC 
 that  to  obtain  the  benefits  here,  the  Commission  needs  only  to  allow  secondary  trunking  on  a  few  of  the  Interoperability  channels.  32  The  majority  of  Interoperability  channels  would  remain  available  for  the 
 most  likely  interoperability  communications  scenario,  i.  e.,  conventional  communications  on  a  unit-  to-  unit  basis.  To  ensure  that  these  Interoperability  channels  33  are  always  available  when  necessary  for 
 conventional  interoperability  operations,  the  Commission  allowed  trunking  only  on  a  secondary  basis.  34  The  Commission  also  adopted  the  NCCs  recommendation  of  limiting  the  number  of  Interoperability 
 channels  that  can  be  used  for  secondary  trunking  to  eight  12.5  kHz  Interoperability  channels.  35  To  accommodate  trunking  formats  that  utilize  25  kHz  bandwidth  channels,  36  the  Commission  also  designated 
 eight  12.5  kHz  Reserve  Spectrum  channels  that  were  adjacent  to  the  eight  Interoperability  channels,  as  secondary  trunking  channels.  Thus,  eight  of  the  thirty-  two  12.5  kHz  Interoperability  channels  are 
 available  for  secondary  trunking  use  by  trunked  systems  that  utilize  12.5  kHz  bandwidth  format.  For  trunked  systems  in  any  given  area  using  a  25  kHz  bandwidth  format,  the  same  eight  12.5  kHz 


 29  PSWN  indicates  that  [  t]  he  National  Institute  of  Justice  [a  division  of  the  U.  S.  Department  of  Justice]  has  agreed 
 to  fund  the  pre-  coordination  database.  Moreover,  the  certified  Public  Safety  Frequency  Coordinators  have  agreed  to  enter  and  maintain  the  applicable  information  in  the  database  as  part  of  the  pre-  established  licensing  process. 


 Thus,  the  obligation  to  create,  populate,  and  administer  the  pre-  coordination  database  will  note  fall  to  the  states,  RPCs,  or  the  Commission.  PSWN  Petition  at  4. 


 30  See,  e.  g.,  WT  Docket  No.  96-  86,  Letter  from  The  Public  Safety  Communications  Council  Executive,  Al  Mello, 
 Chairman,  to  Marilyn  Ward,  Chairperson,  National  Public  Safety  Telecommunications  Council  (dated  May  24,  2001). 


 31  Id  at  2035    40. 
 32  Id.  at  2036-  37    45. 
 33  See  Appendix  C  infra. 
 34  Fourth  R&  O,  16  FCC  Rcd  at  2036    42. 
 35  Id. 
 36  4.  8  kilobits  per  second  per  6.  25  kHz  for  narrowband  interoperability  channels. 
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 Interoperability  channels  are  available  along  with  the  eight  12.5  kHz  adjacent  channels  that  were  redesignated  from  Reserve  Spectrum  to  secondary  trunking.  37 
 12.  Petitioners  Powell  and  PSWN  seek  reconsideration  of  our  decision  to  place  all  secondary  trunking  channels  in  only  the  bandwidth  associated  with  former  Television  Channels  63  and  68.  38  They 
 assert  that  distributing  the  secondary  trunking  channels  evenly  among  all  four  television  channels  is  preferable.  39 


 13.  We  agree  with  Petitioners  that  evenly  distributing  the  secondary  trunking  channels  among  the  four  television  channels  is  a  practical  and  flexible  approach  that  maximizes  the  early 
 availability  of  at  least  half  of  the  secondary  trunking  channels  throughout  the  nation.  40  We  note  that  this  action  does  not  change  the  amount  of  spectrum  dedicated  to  Interoperability.  Accordingly,  public  safety 
 base  stations  will  operate  on  frequencies  within  former  Television  Channels  63  and  64,  paired  with  mobile  units  operating  on  former  Television  Channels  68  and  69,  respectively.  However,  until  the 
 conclusion  of  the  DTV  transition  period,  Television  Channel  63  may  not  be  vacated  in  some  regions  of  the  country  where  Television  Channel  64  is  vacated  and  vice  versa. 


 C.  Guard  Channels 
 14.  In  the  Fourth  R&  O,  the  Commission  declined  to  designate  the  128  channels  (6.25  kHz)  immediately  above  and  below  each  12.5  kHz  Interoperability  channel  as  guard  channels  for  interference 


 protection  purposes.  41  The  Commission  concluded  that  the  record  before  it  did  not  sufficiently  demonstrate  that  setting  aside  guard  channels  in  this  context  was  warranted.  42 


 15.  Petitioners  Powell  and  PSWN  seek  reconsideration  of  the  Commissions  determination  that  the  band  plan  adopted  in  the  Fourth  R&  O  would  not  cause  harmful  interference.  PSWN  observes 
 that  the  NCC  proposal  and  the  result  reached  by  the  Commission  are  similar,  in  that  they  both  seek  to  prevent  harmful  interference  on  adjacent  channels.  PSWN  notes  that  the  plan  adopted  by  the  Commission 
 accommodates  25  kHz  trunked  systems  and  essentially  provides  guard  channels  either  above  or  below  some  Interoperability  channel  sets.  However,  PSWN  asserts  that  the  NCC  plan  is  superior  because  it 
 accommodates  25  kHz  trunked  systems  and  provides  dedicated  guard  channels  above  and  below  each 


 37  Id.  at  2036-  37    44  45.  The  Commission  stated  that  the  Reserve  Spectrum  channels  will  be  designated  as 
 secondary  trunking  channels  and  may  only  be  used  in  connection  with  the  adjacent  Interoperability  12.  5  kHz  channel  pair  in  a  trunked  system.  The  Fourth  R&  O  also  specified  the  specific  6.25  kHz  channels  that  can  be 


 combined  to  form  the  eight  25  kHz  trunked  channels. 
 38  Fourth  R&  O,  16  FCC  Rcd  at  2036-  37    45. 


 39  Powell  Petition  at  6;  PSWN  Petition  at  6. 
 40  We  are  adopting  rule  revisions  in  Appendix  C  to  designate  certain  6.25  kHz  Reserve  Spectrum  channels  as 
 secondary  trunking  channels  that  can  be  combined  with  adjacent  Interoperability  channels  to  form  25  kHz  channels. 


 41  Fourth  R&  O,  16  FCC  Rcd  at  2039    53. 
 42  By  way  of  reference,  in  adopting  service  rules  for  the  commercial  portion  of  the  700  MHz  band,  the 
 Commission  established  Guard  Bands  to  protect  the  immediately  adjacent  public  safety  licensees  on  Channels  63,  64,  68,  and  69  from  harmful  interference  from  operations  on  the  30  megahertz  segment.  Service  Rules  for  the 


 746-  764  and  776-  794  MHz  Bands,  and  Revisions  to  Part  27  of  the  Commissions  Rules,  WT  Docket  No.  99-  168,  Memorandum  Opinion  and  Order  and  Further  Notice  of  Proposed  Rulemaking,  15  FCC  Rcd  20845,  20873    69 
 (2000)  citing  First  Report  and  Order,  WT  Docket  No.  99-  168,  15  FCC  Rcd  476,  490-  91    33-  34  (2000).  See  also  Second  Report  and  Order,  WT  Docket  No.  99-  168,  15  FCC  Rcd  5299  (2000). 
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 Interoperability  channel  set.  43  They  note  that  since  the  Commission  released  the  Fourth  R&  O,  the  Telecommunications  Industry  Association  (TIA)  has  done  significant  research  to  show  that,  if  a  6.25  kHz 
 guard  channel  on  either  side  does  not  protect  the  Interoperability  channels,  then  there  is  the  potential  for  significant  interference  to  Interoperability  users  from  other  users  on  adjacent  General  Use  channels  in  the 
 same  geographic  area,  and  request  the  Commission  to  defer  its  determination  to  consider  the  TIA  Report.  44 


 16.  We  have  reviewed  the  additional  information  submitted  regarding  guard  channels  in  the  700  MHz  public  safety  band  and  find  that  petitioners  have  failed  to  present  any  argument  that  was  not 
 presented  and  treated  in  the  Fourth  R&  O.  In  this  connection,  we  note  that  in  the  Fourth  R&  O,  the  Commission  acknowledged  that  while  most  commenters  generally  agreed  with  the  NCC  (when  it 
 recommended  a  band  plan  different  than  the  one  presented  in  the  Third  MO&  O),  their  reasons  were  more  for  adopting  any  band  plan  where  aggregation  to  25  kHz  operations  could  occur,  as  opposed  to  protecting 
 against  adjacent  channel  interference. 
 17.  We  also  note  that  the  TIA  Report  upon  which  Petitioners  rely  is  distinguishable,  in  that  it  studies  commercial  700  MHz  band  interference  with  public  safety  systems,  and  not  public  safety  General 


 Use  interference  with  public  safety  Interoperability  use.  Other  technical  information  provided  with  the  petitions  appears  to  be  merely  a  recitation  of  the  Commissions  Rules  with  graphs  and  charts  providing  a 
 pictorial  of  the  adjacent  channel  coupled  power  (ACCP)  rules.  45  Moreover,  although  we  recognize  that  the  location  of  every  incident  requiring  interoperability  communication  cannot  be  predicted  or  planned, 
 the  Petitioners  technical  data  is  based  on  an  assumption  that  there  will  be  no  geographical  separation  between  the  adjacent  channel  operations.  The  Petitioners  technical  data  also  appears  to  assume  that  if 
 operation  on  one  Interoperability  channel  is  impaired,  by  adjacent  channel  operations,  then  all  thirty-  two  Interoperability  channels  will  be  so  impaired.  In  sum,  we  find  the  Petitioners  contentions  unpersuasive. 
 We  agree  that  their  approach  would  reduce  interference,  but  the  Petitioners  do  not  balance  this  benefit  against  the  loss  of  0.8  megahertz  of  spectrum  that  would  be  sacrificed  for  use  merely  as  6.25  kHz 
 spacers,  instead  of  for  services  to  protect  the  safety  of  life,  health,  and  property.  Additionally,  we  believe  that  appropriate  design  planning  should  be  a  sufficient  mechanism  for  minimizing  the  adjacent 
 channel  interference  potential  in  the  700  MHz  public  safety  band.  Based  on  the  information  before  us,  we  conclude  that  Petitioners  have  not  established  a  record  sufficient  for  us  to  reverse  our  prior  decision  on 
 this  matter  and  double  the  amount  of  spectrum  designated  for  interoperability  purposes. 
 D.  Access  Priority 
 18.  In  its  Report,  the  NCC  recommended  that  the  Commission  adopt  a  priority  scheme  for  the  use  of  Interoperability  channels.  46  Specifically,  it  urged  that  a  party  wishing  to  use  an  Interoperability 


 channel  in  use  by  another  party  would  declare  its  level  of  priority.  The  higher  level  of  priority  would  gain 
 43  Powell  Petition  at  6;  PSWN  Petition  at  6. 
 44  Powell  Petition  at  7;  PSWN  Petition  at  7.  See  also  Protection  of  Public  Safety  Systems  From  700  MHz  CMRS 
 Band  Interference,  Telecommunications  Industry  Association  (TIA  Report)  (February  20,  2001). 
 45  Powell  Petition,  Exhibits  1  and  2.  On  August  23,  2001,  the  Telecommunications  Industry  Association 
 submitted  industry  consensus  recommendations  regarding  adjacent  channel  coupled  power  (ACCP)  requirements  for  transmitters,  47  C.  F.  R.    90.  543.  The  recommendations  were  in  response  to  the  Commissions  request  that  the 


 industry  review  this  technical  issue  and  provide  [the  Commission],  .  .  .  ,  consensus  recommendations  for  values  of  ACCP  emissions  limits.  The  Development  of  Operational,  Technical  and  Spectrum  Requirements  for  Meeting 
 Federal,  State,  and  Local  Public  Safety  Agency  Communications  Requirements  Through  theYear  2010,  WT  Docket  96-  86,  Second  Memorandum  Opinion  and  Order,  15  FCC  Rcd  16844,  16853    16  (2000).  The 
 Commission  anticipates  addressing  those  recommendations  in  the  near  future. 
 46  NCC  Report  at  14    44. 
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 use  of  the  channel,  and  the  party  with  the  lower  priority  level  would  be  required  to  cease  its  communication  immediately.  47  In  the  Fourth  R&  O,  the  Commission  adopted  the  position  initially 
 expressed  in  the  Fourth  Notice,  that,  while  finding  merit  in  a  priority  access  scheme,  the  Commission  was  not  persuaded  that  such  a  scheme  should  be  codified  in  our  Rules.  48  Specifically,  the  Commission 
 believed  that  the  states  were  in  a  better  position  to  determine  priority  use  and  resolve  disputes,  and  noted  that  the  priority  levels  the  NCC  recommended  differed  from  the  Priority  Access  Service  (PAS)  levels  the 
 Commission  adopted  to  allow  commercial  mobile  radio  service  (CMRS)  providers  to  provide  PAS  for  national  security  and  emergency  preparedness  (NSEP)  personnel.  49 


 19.  Petitioners  Powell  and  PSWN  have  asked  that  the  Commission  reconsider  its  rejection  of  a  nationwide,  codified  access  priority  scheme.  50  Powell  suggests  that  the  Commission  look  to  the  overall 
 NCC  objective  of  a  nationwide  access  system,  51  and  asserts  that  there  are  simply  some  nationwide  requirements  that  must  be  codified,  including  access  priority.  52  In  its  Petition,  PSWN  disagrees  with 
 the  Commissions  belief  that  states  are  in  a  far  superior  position  to  devise,  coordinate,  and  operate  an  appropriate  access  formula  in  the  event  of  a  [sic]  emergency  situation,  53  and  posits  that  the  goal  of 
 nationwide  Interoperability  at  all  levels  of  governments  will  be  best  served  with  the  implementation  of  codified  access  priority  rules. 


 20.  In  the  Fourth  R&  O,  the  Commission  noted  that  access  priority  levels  are  determined  as  part  of  a  state-  level  plan,  54  i.  e.,  access  priority  is  one  component  of  administration  of  the  interoperability 
 channels.  In  this  connection,  the  Commission  also  determined  in  the  Fourth  R&  O  that  states  or  state-level  agencies  are  the  most  appropriate  entities  to  plan  and  administer  the  Interoperability  spectrum. 
 Thus,  in  considering  the  petitions,  we  first  note  that  no  state  nor  state-  level  agency  seeks  reconsideration  of  the  Access  Priority  decision  in  the  Fourth  R&  O,  whereas  several  states  and  state-  level  agencies 
 strongly  rejected  a  required,  Federal  Access  Priority  formula  in  comments  to  the  Fourth  NPRM.  Next,  it  is  instructive  that  the  NCC  and  most  commenters  recommended  that  administration  of  the  interoperability 
 channels  occur  at  the  state-  level,  if  at  all  possible.  Indeed,  a  recent  PSWN  study  recommends  state-  level  administration  55  and  we  are  concerned  about  Federal  intrusion  into  an  area  that  state  and  local  entities 


 47  Id.;  see  also  NCC  Report,  Appendix  D,  Voice  Channel  Priority  Recommendations. 
 48  Fourth  R&  O,  16  FCC  Rcd  at  2042    64,  citing  Fourth  Notice,  15  FCC  Rcd  at  16907    37. 
 49  See  Development  of  Operational,  Technical  and  Spectrum  Requirements  for  Meeting  Federal,  State  and  Local 
 Public  Safety  Agency  Communication  Requirements  Through  the  Year  2010,  WT  Docket  No.  96-  86,  Second  Report  and  Order,  15  FCC  Rcd  16720,  16721  (2000).  The  Commission  determined  that,  should  a  commercial 


 mobile  radio  service  provider  choose  to  offer  PAS,  the  Commission  would  require  them  to  adhere  to  uniform  operating  protocols  concerning  the  number  of  priority  levels  and  the  priority  level  for  particular  NSEP  user.  Id.  at 
 16722    4. 
 50  Powell  Petition  at  9-  11;  PSWN  Petition  at  5-  6. 


 51  Powell  Petition  at  9  (footnote  omitted). 
 52  Id.  at  11. 
 53  PSWN  Petition  at  6. 
 54  Fourth  R&  O,  16  FCC  Rcd  at  2042    63. 
 55  [  T]  he  single  most  critical  element  [for  enhancing  interoperability]  is  the  idea  of  bringing  together  decision-makers 
 from  several  governmental  sectors,  with  ultimate  authority  derived  from  the  executive  power  of  the  state.  See  PSWN  Program,  SIECs:  States  Most  Effective  Tool  For  Coordinating  Interoperability,  Washington  State 


 Case  Study  and  Best  Practices  Guide,  at  2    1.3  (October  8,  2001). 
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 have  handled  well.  56  Additionally,  as  noted  in  the  Fourth  R&  O,  the  access  priority  levels  that  the  NCC  recommended  for  the  interoperability  channels  differ  from  the  PAS  levels  that  the  Commission  adopted  in 
 rules  allowing  CMRS  providers  to  provide  PAS  for  NSEP  personnel.  We  remain  concerned  that  creating  yet  another  set  of  priority  levels  would  serve  only  to  create  confusion  during  a  large-  scale  or  multi-agency 
 response.  57  Thus,  based  on  the  information  before  us,  it  is  premature  to  adopt  a  rigid  access  priority  regime  for  the  700  MHz  band.  Accordingly,  we  will  not  reconsider  our  decision  at  this  time,  but 
 will  monitor  implementation  of  systems  to  see  if  problems  develop. 
 E.  Channel  Designation 
 21.  In  the  Fourth  R&  O,  the  Commission  declined  to  adopt  a  table  of  channel  assignments,  agreeing  with  the  majority  of  commenters  who,  while  generally  supportive  of  channel  designation, 


 expressed  concern  about  codifying  the  NCC  recommendation.  58 
 22.  Petitioners  Powell  and  PSWN  suggest  that,  in  failing  to  adopt  a  table  of  channel  assignments,  the  Commission  misunderstood  the  NCCs  recommendation  regarding  channel  designation, 


 suggesting  that  a  definitive  table  of  assignments  was  not  the  intent  of  the  NCC,  rather  the  intent  was  to  provide  a  baseline  for  personnel  managing  emergency  responses  during  the  first  critical  minutes  of  a 
 developing  incident.  59  PSWN  states  that  it  does  not  believe  that  the  NCC  has  proposed  to  recommend  a  definitive  table  of  service-  specific  assignments,  60  while  Powell  notes  the  benefits  of  specific  channel 
 designation,  such  as  allowing  same-  service  officers  to  respond  to  a  call,  regardless  of  jurisdiction.  61 
 23.  Our  review  of  the  NCC  Report  does  not  indicate  that  the  recommendation  from  the  NCC  Interoperability  Subcommittee  was  merely  a  suggestion.  The  Interoperability  Subcommittees  proposed 


 access  priority  standards  are  taken  from  the  PSWAC  Report,  .  .  .  .  T]  he  [NCC]  Steering  Committee  recommends  that  the  Commission  incorporates  the  standards  into  its  rules.  62  Read  in  the  context  of  the 
 NCC  Report,  then,  we  believe  the  proffered  table  of  channel  assignments  was,  in  fact,  a  request  to  codify  that  table.  63  Moreover,  if,  as  petitioners  suggest,  the  NCC  intended  its  recommendation  as  mere 


 56  PSWN  advises  that  even  federal  entities  are  generally  subject  to  state  law  for  activities  entirely  within  that 
 states  borders  unless  the  Congress  chooses  to  preempt  that  right  specifically  and  for  a  clearly  defined  purpose.  Id.  at  8    2.5. 


 57  Fourth  R&  O,  16  FCC  Rcd  at  2042    64. 
 58  Id.  at  2039    55,  Florida,  for  example,  while  noting  that  such  a  designation  has  considerable  value  to  the 
 effective  and  cooperative  use  of  mutual  aid  channels,  expressed  concern  about  the  degree  of  specificity  and  exclusiveness  incorporated  in  the  NCC-  recommend  (sic)  naming  and  use  designation  .  .  .  .  For  their  part,  the 


 Joint  Commenters  asserted  that  adoption  of  a  table  of  assignments  would  be  Federal  micro-  management  of  a  local  issue,  resulting  in  the  deprivation  of  the  states  flexibility  to  address  local  situations.  (Footnotes  omitted). 


 59  PSWN  Petition  at  7;  see  also  Powell  Petition  at  7,  as  chair  of  the  Interoperability  Subcommittee  throughout  this 
 discussion  within  the  NCC,  I  can  assure  the  Commission  that  a  hard  and  fast  table  was  not  the  intent  of  the  NCC,  rather  the  intent  was  to  provide  a  first  place  to  go  for  fast  breaking  operations  of  the  primary  emergency 


 responders  .  .  .  during  the  first  critical  minutes  of  a  developing  incident. 
 60  PSWN  Petition  at  8. 


 61  Powell  Petition  at  8,  Of  critical  importance  to  [channel  designation],  the  initiating  officer  need  not  be  a  local 
 officer  or  even  an  officer  from  that  state;  a  call  for  assistance  could  go  out  immediately  on  the  law  enforcement  channel  with  some  hope  of  getting  an  immediate  response  from  a  law  enforcement  agency  because  the  channels 


 are  standardized  across  the  nation. 
 62  NCC  Report  at  15  (footnote  omitted). 


 63  Id.;  see  also  NCC  Report,  Appendix  D. 
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 guidelines,  they  do  not  explain  how  this  would  support  codifying  them  as  rules.  We  note  that  the  Commission  cannot  practically  adopt  a  recommendation  it  cannot  enforce.  It  can  enforce  a 
 recommendation  that  has  been  adopted  as  a  rule.  Further,  we  ask  who  would  be  responsible  for  maintaining  any  such  table,  and  note  the  practical  difficulties  of  administering  such  a  table  (e.  g.,  were 
 such  a  table  to  be  codified,  even  a  minor  change  to  the  table  would  entail  notice  and  comment  rulemaking).  In  addition,  we  note  that  the  Commission,  through  establishing  nationwide  Interoperability 
 channels,  designating  two  Interoperability  calling  channels,  and  devoting  two  channels  exclusively  to  data  transmission,  attains  some  of  the  same  benefits  that  the  Petitioners  contend  channel  designation  would 
 bring.  Petitioners,  however,  have  not  demonstrated  how  mandating  channel  designation  outweighs  the  inherent  inflexibility  and  burden  to  local  public  safety  officials;  thus,  we  decline  to  grant  their  petition. 
 At  the  same  time,  we  acknowledge  the  value  of  the  NCC  Interoperability  Subcommittees  deliberations  and  agree  with  the  petitioners  that  providing  the  public  safety  community  with  the  NCCs  default 
 designation  would  serve  the  public  interest.  Accordingly,  the  Commission  stands  ready  to  assist  in  disseminating  any  NCC  default  designation  recommendations  to  the  public  safety  community. 


 F.  Interoperability  Channel  Capability  Requirement 
 1.  Timeframe  for  Interoperability  Capability 
 24.  In  the  Fourth  R&  O,  the  Commission  adopted  the  Project  25  Phase  I  standard  as  the  digital  voice  standard  for  the  Interoperability  channels.  The  Commission  noted  that  most  commenters 


 supported  the  Project  25  Phase  I  standard,  64  and  concluded  that  adopting  this  standard  would  further  the  goal  of  providing  public  safety  entities  access  to  the  Interoperability  channels  on  a  near-  term  basis  in  a 
 cost-  effective  manner.  65  The  Commission  noted  its  desire  to  promote  the  immediate  development  and  deployment  of  700  MHz  band  public  safety  equipment  or  the  planning  and  construction  of  public  safety 
 systems  in  this  band.  66  The  Commission  decision  was  based  on  its  long-  held  belief  that  interoperability  signifies  the  crowning  achievement  of  this  proceeding.  67 


 25.  In  its  petition  for  reconsideration,  the  North  America  TETRA  Forum  (  NATF)  did  not  retract  its  acceptance  (first  expressed  in  its  comments  to  the  Fourth  Notice)  68  of  Project  25  Phase  I  as  the 
 digital  voice  standard  for  the  Interoperability  channels.  Rather,  it  avers  that  the  Commission  erred  by  failing  to  establish  a  reasonable  transition  period  before  Interoperability  capability  becomes  mandatory 
 for  all  700  MHz  band  public  safety  equipment.  69  In  this  connection,  NATF  avers  that  the  Commission  may  have  violated  the  Administrative  Procedure  Act  [  b]  ecause  the  Commission  did  not  address  the 
 significant  number  of  comments  in  the  record  regarding  the  need  for  a  transition  period  before  Phase  I 


 64  See  Fourth  R&  O,  16  FCC  Rcd  at  2044    70;  See  also  Comments  to  Fourth  Notice  -  North  America  TETRA 
 Forum  Comments  at  10-  11  (supported  adoption  of  standard  on  a  short-  term  basis);  Nokia  Comments  at  6;  Com-Net  Ericsson  Comments  at  15;  Orange  County  Comments  at  4;  E.  F.  Johnson  Comments  at  2;  Ronald  J.  Gillory 


 (Gillory)  Comments  at  1;  Buchanan  Comments  at  5;  Mesa  Comments  at  7;  Kenwood  Comments  at  11;  NCC  Comments  at  17;  Florida  Comments  at  5;  APCO  Comments  at  4;  IACP  Comments  at  2;  Motorola  Comments  at  4; 
 FLEWUG  Comments  at  3;  PSWN  Comments  at  9;  Project  25  Steering  Committee  Comments  at  3. 
 65  Fourth  Notice,  15  FCC  Rcd  at  16918    46. 


 66  Fourth  R&  O  16  FCC  Rcd  at  2048    78. 
 67  First  Report  and  Third  Notice,  14  FCC  Rcd.  at  156    7. 
 68  NATF  Comments  to  Fourth  Notice  at  6,  NATF  agrees  with  the  Commissions  recommendation  of  using 
 Project  25,  Phase  I  for  Interoperability  Channels  with  the  one  voice  per  12.  5  kHz  of  bandwidth. 
 69  NATF  Petition  at  2.  NATF  contends  that  the  Commission  should  have  provided  a  transition  period  before  the 
 interoperability  capability  requirement  becomes  effective.  Id. 
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 capability  becomes  mandatory,  .  .  .  .  70  Furthermore,  NATF  asserts  that  the  Commissions  approach  stifles  competition  and  improperly  favors  Motorola  by,  in  effect,  giving  that  equipment  manufacturer  a 
 five-  year  head  start  over  other  manufacturers.  71  Specifically,  NATF  contends  that  we  must  grant  a  transition  period  until  2006,  during  which  time  non-  interoperable  equipment  could  be  type  certified  and 
 used,  because: 
 manufacturers  of  6.25  kHz  equipment  need  a  transition  period  before  Phase  I  capability  becomes  mandatory  in  order  to  have  the  time  to 


 develop  dual  mode  handsets.  72 
 For  this  reason,  according  to  NATF,  the  Commission  should  grant  a  transition  period  until  2006  during  which  period  public  safety  users  can  deploy  6.25  kHz  spectrally  efficient  technology  without  Project  25 
 Phase  I  interoperability  capability.  73  To  do  otherwise,  it  suggests,  would  be  to  sacrifice  competition  and  spectrum  efficiency,  in  favor  of  realizing  Interoperability  six  years  before  the  earliest  date  implementation 
 will  become  a  practical  necessity.  74 
 26.  In  disagreeing  with  NATF,  the  Association  of  Public-  Safety  Communications  Officials  International  (  APCO)  notes  that  [  l]  icensees  may  still  operate  using  any  technology  they  wish  on  the 


 General  Use  portion  of  the  [700  MHz  public  safety]  band  (including  TETRA),  75  but  they  must  be  able  to  communicate  using  Project  25  Phase  I  standard  on  the  Interoperability  channels.  Without  that  standard, 
 there  is  no  Interoperability.  76  Furthermore,  APCO  contends, 
 [t]  he  TETRA  Forum  claims  that  they  will  not  be  able  to  produce  TETRA  equipment  with  the  Project  25  Phase  I  standard  mode  for  Interoperability  channel  use  until  2006.  Therefore,  for 


 no  apparent  reason  other  than  to  prevent  other  manufacturers  from  obtaining  a  head  start,  TETRA  Forum  asks  the  Commission  to  establish  a  transition  period  during  which 
 equipment  could  be  marketed  for  use  in  the  700  MHz  public  safety  band  even  though  it  does  not  have  the  capability  to  operate  in  the  Interoperability  mode.  77 


 27.  We  do  not  believe  that  NATFs  claim  concerning  the  need  for  a  transition  period  until  2006  before  Interoperability  equipment  should  be  required  is  consistent  with  one  of  the  fundamental  goals 
 of  this  proceeding.  The  goal  of  Interoperability  was  the  starting  point  of  this  proceeding  and  public  discourse  that  the  Commission  has  encouraged.  Specifically,  to  provide  formality  to  the  NCC  and  to 
 ensure  participation  by  representatives  of  all  elements  of  the  public  safety  community,  we  chartered  the 


 70  Id.  at  8. 
 71  Id.  at  6. 
 72  Id.  at  4-  5. 
 73  Id.  at  7. 
 74  Id.  at  9. 
 75  TETRA,  the  European  Technical  Standards  Institute  392  TErrestrial  Trunked  Radio  (TETRA)  system,  is  a  four-slot 
 Time  Division  Multiple  Access  (TDMA)  standard  in  which  four  voice  channels  are  realized  with  a  25  kHz  bandwidth.  See,  e.  g.,  NCC  Report  at  17    51. 


 76  APCO  Response  to  Petitions  for  Reconsideration  at  3. 
 77  Id. 
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 NCC  pursuant  to  the  Federal  Advisory  Committee  Act  78  and  required  the  NCCs  technical-  standard  recommendations  to  be  ANSI  accredited.  79  Furthermore,  as  APCO  points  out,  our  rules  do  not  preclude 
 type  certification  of  TETRA  equipment  so  long  as  it  is  capable  of  interoperability  on  the  narrowband  Interoperability  channels.  Rather,  each  potential  manufacturer  of  700  MHz  band  public  safety  equipment 
 is  governed  by  its  own  business  plan  and  judgment  and  we  decline  to  adopt  an  arbitrary  transition  period  merely  to  accommodate  the  business  plans  of  some  TETRA  manufacturers. 


 28.  The  interoperability  capability  requirement  provides  an  equal  incentive  for  all  potential  equipment  manufacturers  to  produce  compliant  equipment  at  the  earliest  possible  time.  NATF  provides 
 no  basis  for  delaying  the  public  safety  communitys  access  to  interoperable  700  MHz  band  public  safety  equipment.  We  are  concerned  that  granting  NATFs  request  would  allow  manufacturers  to  populate  the 
 700  MHz  public  safety  band  with  non-  interoperable  equipment,  thereby  contradicting  one  of  the  primary  goals  of  implementation  of  the  700  MHz  public  safety  band  spectrum.  80 


 29.  In  addition,  we  find  that  NATFs  Administrative  Procedure  Act  claim  is  not  persuasive.  Back  in  1998,  the  Commission  adopted  the  interoperability  capability  requirement,  signaling  that  all 
 narrowband  mobile  and  portable  700  MHz  public  safety  band  radios  [must]  be  capable  of  operating  on  all  of  the  narrowband  nationwide  Interoperability  channels.  81  The  only  question  remaining  was  which 
 standard  the  Commission  would  adopt.  As  soon  as  the  Commission  made  that  decision  in  Fourth  R&  O,  the  interoperability  capability  requirement  became  effective  henceforth.  In  other  words,  industry  has 
 known  since  1998  that  the  Commission  has  an  Interoperability  capability  requirement;  the  only  remaining  question  related  to  which  standard  the  Commission  would  adopt  for  immediate  implementation.  We  note 
 that  Nokia  did  not  file  a  petition  for  reconsideration  of  our  1998  decision  regarding  the  interoperability  capability  requirement.  Had  Nokia  been  concerned  about  a  transition  period  to  whatever  standard  the 
 Commission  adopted  for  the  Interoperability  channels,  Nokia  should  have  raised  that  issue,  forcefully, 
 78  See  Federal  Advisory  Committee  Act,  5  U.  S.  C.  App.  2  (1988).  The  Commission  cosponsored  the  NCC  along 
 with  the  United  States  Department  of  Justice,  the  National  Telecommunications  and  Information  Agency,  the  United  States  Treasury  Department,  the  Federal  Emergency  Management  Agency. 


 79  The  American  National  Standards  Institute  (ANSI),  describes  itself  as  a  private  sector  organization  that,  among 
 other  things,  serves  as  the  policy  forum  for  the  U.  S.  standards  and  conformity  assessment  communities,  accredits  domestic  standards  developers,  approves  standards  as  American  National  Standards,  and  safeguards  the  integrity 


 and  value  of  the  American  National  Standard  designation  by  requiring  due  process,  balance  of  interests,  consensus  and  openness  to  all  directly  and  materially  affected  interests  in  the  private  and  public  sectors.  See  Memorandum 
 Opinion  and  Order  on  Reconsideration,  14  FCC  Rcd  8059,  8064    8  (1999).  The  Commission  clarified  that  the  NCC  could  either  become  ANSI-  accredited  or  make  use  of  the  work  of  existing  ANSI-  accredited  Standards 
 Developers.  Id  at  8065    11. 
 80  As  noted,  [  i]  nteroperability  signifies  the  crowning  achievement  of  this  proceeding.  First  Report  and  Third 
 Notice,  14  FCC  Rcd  at  156    7.  See  also  Dataradio  Corporation,  Order,  15  FCC  Rcd  22283  (WTB/  PSPWD  2000)  recon.  denied,  Order  on  Reconsideration,  DA  01-  2843  (WTB,  rel.  Dec.  10,  2001),  which  denied  petitioners 


 request  to  be  allowed  to  manufacture  narrowband  mobile  and  portable  transmitters  incapable  of  operating  on  the  narrowband  Interoperability  channels.  The  Public  Safety  and  Private  Wireless  Division  (Division)  of  the 
 Commissions  Wireless  Telecommunications  Bureau  based  its  decision,  inter  alia,  out  of  concern  that  public  safety  entities  that  purchase  non-  interoperability  capable  equipment  will  be  reluctant,  perhaps  financially  unable, 
 to  buy  radios  that  comply  with  the  700  MHz  interoperability  standards,  thereby  jeopardizing  the  Commissions  overall  interoperability  plan.  Id.  at  22287    11  (footnote  omitted).  The  Division  also  noted  that  in  adopting 
 Section  90.  547,  the  Commission  foreclosed  users  from  the  option  to  elect  whether  or  not  to  purchase  700  MHz  radios  without  interoperability  capability.  Id.  at    9. 


 81  47  C.  F.  R.    90.547  (1998).  The  record  reflects  that  NATF  raised  issues  during  the  Fourth  Notice  comment 
 period  that  might  have  been  more  timely  presented  several  years  earlier.  In  this  connection,  NATFs  comments  were  not  responsive  to  the  issues  raised  in  the  Fourth  Notice,  and  instead,  sought  to  re-  open  matters  decided 


 several  years  earlier. 
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 since  1998.  Moreover,  type  certification  for  all  narrowband  equipment  was  deferred  pending  the  adoption  of  a  digital  voice  standard  for  Interoperability  channels,  which  is  precisely  why  the  Interoperability 
 standard  became  effective  as  soon  as  possible  after  adoption  in  January  2001.  Whichever  Interoperability  standard  was  adopted  would  become  effective  immediately  so  that  public  safety  entities  could  use  the 
 700  MHz  band  where  it  was  unencumbered  by  broadcast  television  stations.  82  By  comparison,  the  Commission  elected  not  to  adopt  a  standard  for  the  General  Use  channels  in  the  Fourth  R&  O  after  noting 
 that  the  Fourth  Notice  did  not  address  this  subject.  83 
 2.  Com-  Net  Ericsson  -  Petition  for  Declaratory  Ruling 
 30.  On  May  10,  2001,  Com-  Net  Ericsson  84  filed  a  Petition  for  Declaratory  Ruling  believing  that  Section  90.547  of  the  Commissions  Rules,  as  promulgated  in  the  Fourth  R&  O,  does  not  adequately 


 reflect  the  Commissions  intent.  85  Specifically,  Com-  Net  Ericsson  asserts  that  the  wording  of  the  rule  contradicts  the  language  of  the  rule  preamble.  In  the  preamble  to  the  rule,  the  Commission  stated, 
 [  f]  inally,  we  adopt  our  proposal  that  end  user  equipment  designed  for  data  is  not  required  to  be  voice-capable.  Further,  end  user  equipment  designed  for  voice  is  not  required  to  be  data  capable.  86 


 31.  Com-  Net  Ericsson  suggests  that  the  wording  of  the  rule  is  less  clear  than  the  language  in  the  preamble,  where  the  Commission  made  clear  that  voice-  capable  equipment  need  not  be  data-  capable, 
 and  data-  capable  equipment  need  not  be  voice-  capable.  We  believe  that  Com-  Net  Ericsson  has  correctly  pointed  out  a  potential  source  of  conflict  or  confusion  in  reading  this  rule  provision.  Therefore,  on  our 
 own  motion,  we  will  amend  Section  90.547  to  reflect  our  intention  as  reflected  in  the  preamble  of  the  Fourth  R&  O.  We  will  also  revise  the  rule  to  clarify  that  equipment  that  operates  only  on  700  MHz  public 
 safety  wideband  channels  is  not  subject  to  the  narrowband  interoperability  capability  requirements  of  Section  90.547. 


 G.  Other  Matters 
 1.  Section  90.548,  Interoperability  technical  standards 
 32.  Motorola  seeks  clarification  of  Section  90.548  (a)(  ii).  Motorola  contends  that  the  rule  as  published  in  the  Federal  Register  87  requires  data  devices  to  conform  to  both  the  packet  data  and  the 


 82  Fourth  R&  O,  16  FCC  Rcd  at  2044    70.  Having  determined  in  1998  that  radios  working  in  the  700  MHz  Public 
 Safety  band  must  be  interoperability-  capable,  the  question  then  became,  which  technology  standard  ought  the  Commission  adopt?  The  Fourth  R&  O  resolved  this  question  and  we  do  not  believe  it  is  prudent  or  in  the  public 


 interest  to  delay  realization  of  interoperability,  where  available,  any  longer. 
 83  Id.  at  2048    79. 


 84  On  May  22,  2001,  the  Commission  received  a  letter  informing  it  that  Com-  Net  Ericsson  Critical  Radio 
 Systems,  Inc.  was  acquired  by  a  parent  holding  company  of  Tyco  International,  Ltd.,  a  Fortune  500  company.  The  entity  that  formerly  operated  under  the  name  Com-  Net  Ericsson  Critical  Radio  Systems,  Inc.  will  now  be  operating 


 under  the  name  M/  A-  COM  Private  Radio  Systems,  Inc.  For  purposes  of  this  Memorandum  Opinion  and  Order,  we  shall  continue  to  refer  to  Com-  Net  Ericsson,  as  that  is  the  name  the  company  operated  under  when  it  initially 
 filed  its  petition. 
 85  See  Com-  Net  Ericsson  Petition  for  Declaratory  Ruling  at  5.  On  May  24,  2001,  Com-  Net  Ericsson  filed  a  copy 
 of  this  pleading  in  the  captioned  docket  (for  informational  purposes).  See  May  24,  2001,  Letter  from  Robert  J.  Speidel,  Com-  Net  Ericsson,  to  Secretary,  FCC.  In  a  separate  May  24,  2001,  letter,  Com-  Net  Ericsson  modified  its 


 Petition. 
 86  Fourth  R&  O,  16  FCC  Rcd  at  2052    90. 


 87  66  Fed.  Reg.  10632,  10636  (February  16,  2001). 
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 circuit  data  descriptions.  88  Motorola  believes  that  requiring  manufacturers  to  support  both  formats  within  a  single  device  will  prohibit  manufacturers  from  introducing  any  compliant  data  technologies  on  the 
 narrowband  Interoperability  channels.  89  Motorola  appears  to  suggest  that  by  adding  the  word,  or  between  the  two  formats,  the  problem  will  be  eliminated,  as  manufacturers  can  adopt  one  or  the  other 
 protocol.  90 
 33.  In  general  support  of  Motorolas  request  for  clarification,  Com-  Net  Ericsson  believes  that  by  adding  or  and  deleting  the  semicolon  between  the  packet  data  and  the  circuit  data  specifications,  the 


 Commission  eliminates  the  apparent  requirement  to  incorporate  two  different  data  formats  in  order  to  comply  with  Section  90.  548.  91  Yet,  Com-  Net  Ericsson  points  out  that  such  a  change  would  allow  a 
 manufacturer,  as  opposed  to  the  Commission,  to  determine  which  format  to  incorporate  in  its  radios,  regardless  of  what  the  users  and  other  manufacturers  decide  is  optimal  for  operations  on  the  narrowband 
 data  Interoperability  channels.  According  to  Com-  Net,  the  possibility  exists  that  fully  compliant  radios  made  by  different  manufacturers  might  not  be  able  to  communicate  with  each  other  on  the  narrowband 
 data  Interoperability  channels. 
 34.  On  June  6,  2001,  the  NCC  recommended  that  the  Commission  delete  reference  to  circuit  data  specification  and  adopt  packet  data  specifications  exclusively.  92  The  NCC  noted  that, 


 packet  data  is  now  so  ubiquitous  in  the  industry  that  there  no  longer  is  any  need  for,  indeed  any  conceivable  use  for,  circuit  data  capability  in  a  700  MHz  public  safety  radio.  Thus, 
 requiring  both  circuit  data  and  packet  data  capability  in  a  radio    as  a  literal  reading  of  the  []  rule  may  suggest    would  serve  only  to  add  to  the  cost,  complexity  and  size  of  the  radio,  all  to 
 no  purpose.  93 
 35.  For  the  reasons  set  forth  above,  we  agree  that  the  rule  should  be  clarified  so  that  reference  to  circuit  data  capability  is  deleted.  This  action  will  promote  interoperability,  and  lessen  cost,  confusion 
 and  potential  inefficiency  among  manufacturers  of  700  MHz  public  safety  band  radio  equipment. 
 2.  Section  90.553,  Encryption 
 36.  On  January  23,  2001,  the  American  National  Standards  Institute  (ANSI)  published  the  Project  25  DES  encryption  standards.  94  Our  rules  will  be  amended  to  note  this  change,  from  interim 


 standards  (IS)  to  permanent  ANSI  standards. 
 3.  Section  90.531,  Band  plan 
 37.  We  are  taking  this  opportunity  to  correct  minor  publication  errors,  including  Section  90.531(  c)(  1),  wideband  interoperability  channels.  The  Commission  intended  to  designate  wideband 


 88  Motorola  Request  for  Clarification  at  3. 
 89  Id. 
 90  Id.  at  4. 
 91  Com-  Net  Ericsson  response  to  Motorola  Request  for  Clarification  at  1. 
 92  June  6,  2001,  Letter  from  NCC  Chair  Kathleen  Wallman. 
 93  Id. 
 94  ANSI/  TIA/  EIA  102.  AAAA-  A-  2001 
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 channels  82-  84  for  nationwide  interoperability  licensing  and  use  95  but  the  current  rule  refers  to  wideband  channels  83-  84.  We  will  also  revise  the  rule  to  clarify  that  wideband  interoperability  channels  will  be 
 available  for  licensing  and  use  after  the  Commission  adopts  a  wideband  interoperability  standard. 
 38.  We  also  are  correcting  Section  90.531(  d),  Combining  channels.  Through  an  inadvertent  oversight,  it  now  appears  that  Section  90.531(  d)(  1)  and  (2)  were  deleted  from  the  rules.  We  are  hereby 


 restoring  (1)  and  (2),  with  minor  corrections. 
 V.  PROCEDURAL  MATTERS 
 A.  Regulatory  Flexibility  Act 
 39.  Appendix  A  contains  a  Supplemental  Final  Regulatory  Flexibility  Analysis  (SFRFA)  with  respect  to  the  Fourth  Memorandum  Opinion  and  Order.  As  required  by  the  Regulatory  Flexibility 


 Act,  96  the  Commission  has  prepared  the  analysis  of  the  possible  impact  on  small  entities  of  the  rules  set  forth  in  this  document.  The  Commission's  Consumer  Information  Bureau,  Reference  Information  Center, 
 will  send  a  copy  of  this  Fourth  Memorandum  Opinion  and  Order,  including  the  SFRFA,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration  in  accordance  with  the  Regulatory 
 Flexibility  Act. 
 B.  Paperwork  Reduction  Act 
 40.  This  Memorandum  Opinion  and  Order  does  not  contain  any  new  or  modified  information  collection.  Therefore,  it  is  not  subject  to  the  requirements  for  a  paperwork  reduction  analysis,  and  the 


 Commission  has  not  performed  one. 
 VI.  ORDERING  CLAUSES 
 41.  Authority  for  the  issuance  of  this  Fourth  Memorandum  Opinion  and  Order  is  contained  in  Sections  4(  i),  4(  j),  7(  a),  302,  303(  b),  303(  f),  303(  g),  303(  r),  307(  e),  332(  a),  and  332(  c)  of  the 


 Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),  154(  j),  157(  a),  302,  303(  b),  303(  f),  303(  g),  303(  r),  307(  e),  332(  a),  332(  c). 


 42.  Accordingly,  IT  IS  ORDERED  that  Part  90  of  the  Commission's  Rules,  47  C.  F.  R.  Part  90  IS  AMENDED  as  specified  in  Appendix  C. 
 43.  IT  IS  FURTHER  ORDERED  that  this  Fourth  Memorandum  Opinion  and  Order  will  be  effective  thirty  days  after  publication  in  the  Federal  Register. 
 44.  IT  IS  FURTHER  ORDERED  that  the  Commission's  Consumer  Information  Bureau,  Reference  Information  Center,  SHALL  SEND  a  copy  of  this  Fourth  Memorandum  Opinion  and  Order, 
 including  the  Supplemental  Final  Regulatory  Flexibility  Analysis,  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration. 


 45.  IT  IS  FURTHER  ORDERED  pursuant  to  Section  4(  i)  and  405  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.    154(  i),  405,  and  Section  1.  429(  i)  of  the  Commissions  Rules,  47 
 C.  F.  R.    1.429(  i),  that  the  petitions  for  reconsideration,  clarification,  and/  or  a  declaratory  ruling  filed  by  Motorola,  the  North  America  TETRA  Forum,  Sergeant  John  S.  Powell,  the  Public  Safety  Wireless 


 95  Development  of  Operational,  Technical  and  Spectrum  Requirements  for  Meeting  Federal,  State  and  Local 
 Public  Safety  Agency  Communications  Requirements  Through  the  Year  2010,  WT  Docket  No.  96-  86,  Third  Memorandum  Opinion  and  Order  and  Third  Report  and  Order,  15  FCC  Rcd  19844,  19857    32  (2000). 


 96  See  5  U.  S.  C.    601,  et  seq. 
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 Network,  Com-  Net  Ericsson  Critical  Radio  Systems,  Inc.  ARE  GRANTED  to  the  extent  indicated  herein  and  otherwise  ARE  DENIED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 William  F.  Caton  Acting  Secretary 
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 APPENDIX  A 
 Supplemental  Final  Regulatory  Flexibility  Analysis 
 As  required  by  the  Regulatory  Flexibility  Act  of  1980,  as  amended  (RFA),  1  a  Final  Regulatory  Flexibility  Analysis  (FRFA)  was  incorporated  into  the  Fourth  Report  and  Order  and  Fifth  Notice  of 
 Proposed  Rule  Making  (Fourth  R&  O  and  Fifth  NPRM)  2  of  this  proceeding.  The  Commission  sought  written  public  comment  on  the  proposals  in  the  Fifth  NPRM,  including  comment  on  the  IRFA.  3  The  present 
 Supplemental  Final  Regulatory  Flexibility  Analysis  (SFRFA)  conforms  to  the  RFA.  4 
 A.  Need  for,  and  Objectives  of,  the  Fourth  Memorandum  Opinion  and  Order: 
 Our  objective  is  to  promote  the  early  and  efficient  use  of  public  safety  spectrum  in  the  frequencies  at  764-  776  MHz  and  794-  806  MHz  (the  700  MHz  band).  Specifically,  this  action  will:  promote  spectrum 
 efficiency  through  allowing  secondary  trunking  on  the  Interoperability  channels;  promote  efficient  administration  of  the  Interoperability  channels  by  state  or  local  entities;  permit  encryption  on  the 
 Interoperability  channels;  and  establish  digital  voice  standards  and  efficiency  standards  for  the  Interoperability  channels. 


 B.  Summary  of  Significant  Issues  Raised  by  Public  Comments  in  Response  to  the  IRFA: 
 No  comments  were  submitted  in  response  to  the  IRFA. 
 C.  Description  and  Estimate  of  the  Number  of  Small  Entities  to  Which  Rules  Will  Apply: 
 The  RFA  directs  agencies  to  provide  a  description  of  and,  where  feasible,  an  estimate  of,  the  number  of  small  entities  that  may  be  affected  by  the  proposed  rules,  if  adopted.  5  The  RFA  generally 
 defines  small  entity  as  having  the  same  meaning  as  the  terms  small  business,  small  organization,  and  small  governmental  jurisdiction.  6  In  addition,  the  term  small  business  has  the  same  meaning  as 
 small  business  concern  under  the  Small  Business  Act.  7  A  small  business  concern  is  one  which  :  (1)  is  independently  owned  and  operated;  (2)  is  not  dominant  in  its  field  of  operations;  and  (3)  satisfies  any 
 additional  criteria  established  by  the  Small  Business  Administration  (SBA).  8  A  small  organization  is 
 1  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). 


 2  16  FCC  Rcd  2020,  2060  (2001). 
 3  Id. 
 4  See  5  U.  S.  C.    604. 
 5  5  U.  S.  C.    603(  b)(  3). 
 6  5  U.  S.  C.    601(  6). 
 7  5  U.  S.  C.    601(  3)  (incorporating  by  reference  the  definition  small  business  concern  in  15  U.  S.  C.    632). 
 Pursuant  to  the  RFA,  the  statutory  definition  of  a  small  business  applies  unless  an  agency,  after  consultation  with  the  Office  of  Advocacy  of  the  Small  Business  Administration  and  after  opportunity  for  public  comment, 


 establishes  one  or  more  definitions  of  such  terms  which  are  appropriate  to  the  activities  of  the  agency  and  publishes  such  definition(  s)  in  the  Federal  Register.  5  U.  S.  C.    601(  3). 


 8  Small  Business  Act,  15  U.  S.  C.    632  (1996). 
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 generally  any  not-  for-  profit  enterprise  which  is  independently  owned  and  operated  and  is  not  dominant  in  its  field.  9  Nationwide,  as  of  1992,  there  were  approximately  275,801  small  organizations.  10  "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."  11  As  of  1992,  there  were 
 approximately  85,006  such  jurisdictions  in  the  United  States.  12  This  number  includes  38,978  counties,  cities,  and  towns;  of  these,  37,566,  or  ninety-  six  percent,  have  populations  of  fewer  than  50,000.  13  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. 


 Public  Safety  Radio  Pool  Licensees.  As  a  general  matter,  Public  Safety  Radio  Pool  licensees  include  police,  fire,  local  government,  forestry  conservation,  highway  maintenance,  and  emergency  medical 
 services.  14  Spectrum  in  the  700  MHz  band  for  public  safety  services  is  governed  by  47  U.  S.  C.    337.  Non-  Federal  governmental  entities  as  well  as  private  businesses  are  licensees  for  these  services.  All 
 governmental  entities  with  populations  of  less  than  50,000  fall  within  the  definition  of  a  small  entity.  15 
 Radio  and  Television  Equipment  Manufacturers.  We  anticipate  that  at  least  six  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.  16  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 


 9  5  U.  S.  C.    601(  4). 
 10  1992  Economic  Census,  U.  S.  Bureau  of  the  Census,  Table  6  (special  tabulation  of  data  under  contract  to  Office 
 of  Advocacy  of  the  SBA). 
 11  5  U.  S.  C.    601(  5). 


 12  U.  S.  Dept.  of  Commerce,  Bureau  of  the  Census,  "1992  Census  of  Governments." 
 13  Id. 
 14  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  who  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. 
 15  5  U.  S.  C.    601(  5). 


 16  13  C.  F.  R.    121.  201,  Standard  Industrial  Code  (SIC)  3663. 
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 entities.  17  We  do  not  have  information  that  indicates  how  many  of  the  six  radio  equipment  manufacturers  associated  with  this  proceeding  are  among  these  778  firms.  However,  Motorola  and  Ericsson,  two  of  the 
 six  manufacturers,  are  major,  nationwide  radio  equipment  manufacturers,  and,  thus,  we  conclude  that  these  manufacturers  would  not  qualify  as  small  businesses. 


 Television  Stations.  This  proceeding  will  affect  full  service  TV  station  licensees  (Channels  60-  69),  TV  translator  facilities,  and  low  power  TV  (LPTV)  stations.  The  SBA  defines  a  TV  broadcasting  station  that 
 has  no  more  than  $10.5  million  in  annual  receipts  as  a  small  business.  18  TV  broadcasting  stations  consist  of  establishments  primarily  engaged  in  broadcasting  visual  programs  by  TV  to  the  public,  except  cable 
 and  other  pay  TV  services.  19  Included  in  this  industry  are  commercial,  religious,  educational,  and  other  TV  stations.  20  Also  included  are  establishments  primarily  engaged  in  TV  broadcasting  and  which 
 produce  taped  TV  program  materials.  21  Separate  establishments  primarily  engaged  in  producing  taped  TV  program  materials  are  classified  under  another  NAICS  Code.  22 


 There  were  1,509  TV  stations  operating  in  the  nation  in  1992.  23  That  number  has  remained  fairly  constant  as  indicated  by  the  approximately  1,551  operating  TV  broadcasting  stations  in  the  nation  as  of  February 
 28,  1997.  24  For  1992  25  the  number  of  TV  stations  that  produced  less  than  $10.0  million  in  revenue  was  1,155  establishments,  or  approximately  77  percent  of  the  1,509  establishments.  26  There  are  currently  95 
 full  service  analog  TV  stations,  either  operating  or  with  approved  construction  permits  on 


 17  U.  S.  Dept.  of  Commerce,  1992  Census  of  Transportation,  Communications  and  Utilities  (issued  May  1995), 
 SIC  3663. 
 18  13  C.  F.  R.    121.  201,  SIC  4833  (1996). 


 19  Economics  and  Statistics  Administration,  Bureau  of  Census,  U.  S.  Department  of  Commerce,  1992  Census  of 
 Transportation,  Communications  and  Utilities,  Establishment  and  Firm  Size,  Series  UC92-  S-  1,  Appendix  A-  9  (1995)  (ESA  1992  Census). 


 20  See  Executive  Office  of  the  President,  Office  of  Management  and  Budget,  Standard  Industrial  Classification 
 Manual  (1987),  at  283,  which  describes  TV  Broadcasting  Station  (SIC  4833)  as: 


 Establishments  primarily  engaged  in  broadcasting  visual  programs  by  television  to  the  public,  except  cable  and  other  pay  television  services.  Included  in  this  industry  are  commercial,  religious,  educational  and  other 


 television  stations.  Also  included  here  are  establishments  primarily  engaged  in  television  broadcasting  and  which  produce  taped  television  program  materials. 


 21  ESA  1992  Census  at  Appendix  A-  9. 
 22  ESA  1992  Census  at  Appendix  A-  9;  NAICS  Code  51211  (Motion  Picture  and  Video  Tape  Production);  NAICS 
 Codes  51229,  53249,  56131,  71111,  71112,  71132,  71141m  71151,  561399  (Theatrical  Producers  and  Miscellaneous  Theatrical  Services  (producers  of  live  radio  and  TV  programs)). 


 23  Allocation  Report  and  Order,  12  FCC  Rcd  at  22953  (1998),  at  Appendix  C;  ESA  1992  Census  at  Appendix  A-  9. 
 24  Allocation  Report  and  Order,  12  FCC  Rcd  22953  (1998)  at  Appendix  C. 
 25  A  census  for  communications  establishments  is  performed  every  five  years  ending  with  a  "2"  or  "7."  See  ESA 
 1992  Census  at  III. 
 26  The  amount  of  $10  million  was  used  to  estimate  the  number  of  small  business  establishments  because  the 
 relevant  Census  categories  stopped  at  $9,  999,  999  and  began  at  $10,  000,  000.  No  category  for  $10.5  million  existed.  Thus,  the  number  is  as  accurate  as  is  possible  to  calculate  with  the  available  information. 
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 channels  60-  69.  27  In  the  DTV  Proceeding,  we  adopted  a  DTV  Table  that  provides  only  15  allotments  for  DTV  stations  on  channels  60-  69  in  the  continental  United  States.  28  There  are  seven  DTV  allotments  in 
 channels  60-  69  outside  the  continental  United  States.  29  Thus,  the  rules  will  affect  approximately  117  TV  stations;  approximately  90  of  those  stations  may  be  considered  small  businesses.  30  These  estimates  may 
 overstate  the  number  of  small  entities  since  the  revenue  figures  on  which  they  are  based  do  not  include  or  aggregate  revenues  from  non-  TV  affiliated  companies.  We  recognize  that  the  rules  may  also  impact 
 minority-  owned  and  women-  owned  stations,  some  of  which  may  be  small  entities.  In  2000,  minorities  owned  and  controlled  23  (1.  9  percent)  of  1,288  full  power  commercial  TV  stations  in  the  United  States.  31 
 According  to  the  U.  S.  Bureau  of  the  Census,  in  1987  women  owned  and  controlled  27  (1.9  percent)  of  1,342  commercial  and  non-  commercial  TV  stations  in  the  United  States.  32 


 There  are  currently  4,977  TV  translator  stations  and  1,952  LPTV  stations.  33  Approximately  1,309  low  power  TV  and  TV  translator  stations  are  on  channels  60-  69  34  which  could  be  affected  by  policies  in  this 
 proceeding.  The  Commission  does  not  collect  financial  information  of  any  broadcast  facility  and  the  Department  of  Commerce  does  not  collect  financial  information  on  these  broadcast  facilities.  We  will 
 assume  for  present  purposes,  however,  that  most  of  these  broadcast  facilities,  including  LPTV  stations,  could  be  classified  as  small  businesses.  As  indicated  earlier,  approximately  77  percent  of  TV  stations  are 
 designated  under  this  analysis  as  potentially  small  businesses.  Given  this,  LPTV  and  TV  translator  stations  would  not  likely  have  revenues  that  exceed  the  SBA  maximum  to  be  designated  as  small 
 businesses. 


 27  See  Allocation  Notice,  12  FCC  Rcd  at  14142. 
 28  See  DTV  Proceeding,  12  FCC  Rcd  14588. 
 29  See  Allocation  Notice  12  FCC  Rcd  14142,  n.  5. 
 30  We  use  the  77  percent  figure  of  TV  stations  operating  at  less  than  $10  million  for  1992  and  apply  it  to  the  117 
 TV  stations  to  arrive  at  90  stations  categorized  as  small  businesses. 
 31  Minority  Commercial  Broadcast  Ownership  in  the  United  States,  U.  S.  Dep't  of  Commerce,  National 
 Telecommunications  and  Information  Administration,  The  Minority  Telecommunications  Development  Program  ("  MTDP")  (Dec.  2000).  MTDP  considers  minority  ownership  as  ownership  of  more  than  50  percent  of  a 


 broadcast  corporation's  stock,  voting  control  in  a  broadcast  partnership,  or  ownership  of  a  broadcasting  property  as  an  individual  proprietor.  The  minority  groups  included  in  this  report  are  Black,  Hispanic,  Asian,  and  Native 
 American. 
 32  See  Comments  of  American  Women  in  Radio  and  TV,  Inc.  in  MM  Docket  No.  94-  149  and  MM  Docket  No.  91-140 
 at  4  n.  4  (filed  May  17,  1995)  (citing  1987  Economic  Censuses,  Women-  Owned  Business,  WB87-  1,  U.  S.  Dep't  of  Commerce,  Bureau  of  the  Census,  August  1990  (based  on  1987  Census)).  After  the  1987  Census  report,  the 


 Census  Bureau  did  not  provide  data  by  particular  communications  services  (four-  digit  SIC  Code),  but  rather  by  the  general  two-  digit  SIC  Code  for  communications  (#  48).  Consequently,  since  1987,  the  Census  Bureau  has  not 
 updated  data  on  ownership  of  broadcast  facilities  by  women,  nor  does  the  Commission  collect  such  data.  However,  we  sought  comment  on  whether  the  Annual  Ownership  Report  Form  323  should  be  amended  to  include 
 information  on  the  gender  and  race  of  broadcast  license  owners.  Policies  and  Rules  Regarding  Minority  and  Female  Ownership  of  Mass  Media  Facilities,  Notice  of  Proposed  Rule  Making,  10  FCC  Rcd  2788,  2797  (1995). 


 33  See  Allocation  Report  and  Order,  12  FCC  Rcd  22986  at  Appendix  C. 
 34  See  Allocation  Notice  at  12  FCC  Rcd  14142,  n.  3. 
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 5 
 D.  Description  of  Projected  Reporting,  Recordkeeping,  and  Other  Compliance  Requirements: 
 The  Fourth  Memorandum  Opinion  and  Order  does  not  adopt  rules  that  will  entail  reporting,  recordkeeping,  and/  or  third-  party  consultation. 


 E.  Steps  Taken  to  Minimize  Significant  Economic  Impact  on  Small  Entities,  and  Significant  Alternatives  Considered: 
 The  RFA  requires  an  agency  to  describe  any  significant  alternatives  that  it  has  considered  in  reaching  its  proposed  approach,  which  may  include  the  following  four  alternatives  (among  others):  (1)  the 
 establishment  of  differing  compliance  or  reporting  requirements  or  timetables  that  take  into  account  the  resources  available  to  small  entities;  (2)  the  clarification,  consolidation,  or  simplification  of  compliance  or 
 reporting  requirements  under  the  rule  for  small  entities;  (3)  the  use  of  performance,  rather  than  design,  standards;  and  (4)  an  exemption  from  coverage  of  the  rule,  or  any  part  thereof,  for  small  entities.  5  U.  S.  C. 
 603. 
 The  NCC,  comprised  of  representatives  from  government,  the  public  safety  community,  and  the  communications  equipment  manufacturing  industry,  was  chartered  by  the  FCC  as  a  Federal  Advisory 
 Committee,  effective  February  25,  1999.  The  NCC  made  recommendations  concerning  various  issues  addressed  in  the  Fourth  Notice.  We  note  that  in  several  instances,  to  benefit  all  entities,  including  small 
 entities,  we  did  not  propose  a  particular  recommendation. 
 In  formulating  the  rules  in  the  Fourth  Memorandum  Opinion  and  Order,  we  reduced  economic  burdens  wherever  possible.  The  regulatory  burdens  that  we  have  adopted  are  necessary  to  ensure  that  the 
 public  receives  the  public  safety  benefits  of  innovative  new  services  in  a  prompt  and  efficient  manner.  For  example,  we  have  adopted  technical  and  operational  rules  that  will  promote  competition  in  the  equipment 
 market.  We  believe  that  the  rules  must  be  as  competitively  and  technologically  neutral  as  possible,  in  order  to  allow  for  competing  equipment  designs  and  to  avoid  hindering  future  innovative  technological 
 developments.  We  note  that  tighter  technical  specifications  generally  allow  more  intense  spectrum  use,  but  may  result  in  higher  equipment  costs.  Conversely,  although  wider  tolerances  may  allow  manufacturers  to 
 use  less  costly  component  parts  in  transmitting  equipment,  they  also  may  result  in  less  efficient  spectrum  use.  With  these  considerations  in  mind,  we  believe  that  the  technical  regulations  we  adopt  herein  provide  a 
 reasonable  balance  of  these  concerns. 
 Under  the  regional  planning  process,  frequency  coordination  is  competitive.  Frequency  coordination  is  the  process  by  which  a  private  organization  recommends  to  the  Commission  the  most 
 appropriate  frequencies  for  private  land  mobile  radio  service  applicants.  35  Frequency  coordinators  provide  a  valuable  service  to  the  Commission  by  eliminating  common  application  errors,  thereby  improving  the 
 quality  of  the  applications  and  resolving  potential  interference  problems  at  the  source.  We  continue  to  believe  that  the  encouragement  of  competition  among  coordinators  promotes  cost-  based  pricing  of 
 coordination  services  and  provides  incentives  for  enhancing  service  quality.  Therefore,  we  will  continue  to  allow  any  of  the  certified  public  safety  coordinators  to  provide  coordination  in  the  700  MHz  band. 


 Recognizing  the  budgetary  constraints  that  public  safety  entities  face  as  a  matter  of  course,  we  have  adopted  rules  that  encourage  broad-  based  efforts,  such  as  projects  on  the  state  and  regional  level,  to 
 coordinate  and  consolidate  operations  that  are  critical  to  meeting  the  needs  of  public  safety  with  cost  effective,  spectrally-  efficient  radio  systems.  For  example,  we  have  adopted  permissive  trunking  on  certain 
 public  safety  channels  in  the  700  MHz  band.  Trunked  systems  provide  service  to  many  governmental  entities  in  a  specific  geographic  area  and  offer  a  higher  degree  of  efficiency  than  some  smaller,  non-  trunked 
 systems.  A  difficulty  in  establishing  these  types  of  shared  systems  is  that  they  require  individual  agencies  to 
 35  See  Frequency  Coordination  in  the  Private  Land  Mobile  Radio  Services,  PR  Docket  No.  83-  737,  Report  and 
 Order,  103  FCC  2d  1093  (1986). 
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 6 
 surrender  some  autonomy  in  return  for  the  efficiencies  and  better  coverage  of  a  larger  system.  In  addition,  the  funding  required  to  develop  the  infrastructure  necessary  to  support  some  of  the  newer  technologies  is 
 often  too  great  to  permit  small  public  safety  agencies  to  participate  in  new,  sophisticated,  spectrum  efficient,  wireless  radio  systems.  These  same  agencies,  however,  might  be  able  to  participate  in  a  county-  wide  or 
 state-  wide  system.  For  these,  and  other,  reasons,  we  encourage  the  use  of  shared  systems  in  the  public  safety  community.  36 


 Report  to  Congress:  The  Commission  will  send  a  copy  of  the  Fourth  Memorandum  Opinion  and  Order,  including  this  SFRFA,  in  a  report  to  be  sent  to  Congress  pursuant  to  the  SBREFA,  see  5  U.  S.  C.   
 801(  a)(  1)(  A).  In  addition,  the  commission  will  send  a  copy  of  the  Fourth  Memorandum  Opinion  and  Order  to  the  Chief  Counsel  for  Advocacy  of  the  Small  Business  Administration.  In  addition,  the  Fourth 
 Memorandum  Opinion  and  Order  and  SFRFA  (or  summaries  thereof)  will  be  published  in  the  Federal  Register.  See  5  U.  S.  C.    604(  b). 


 36  Area-  wide  licenses  often  encourage  the  rapid  development  and  deployment  of  innovative  services  and  facilitate 
 Interoperability  and  operational  standards,  while  allowing  economies  of  scale  that  encourage  the  development  of  low  cost  equipment.  See,  e.  g.,  Amendment  of  the  Commissions  Rules  to  Establish  Part  27,  the  Wireless 


 Communications  Service,  GN  Docket  No.  96-  228,  Report  and  Order,  12  FCC  Rcd  10785,  10814  (1997). 
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 Federal  Communications  Commission  FCC  02-  67 
 APPENDIX  B 
 LIST  OF  PARTIES 
 Petitions  for  Reconsideration  and/  or  Clarification  were  filed  by: 
 Motorola  North  America  TETRA  Forum 
 Sergeant  John  S.  Powell  Public  Safety  Wireless  Network 


 Oppositions  and  Replies  to  Petitions  for  Reconsideration  were  filed  by: 
 Association  of  Public-  Safety  Communications  Officials,  International  Com-  Net  Ericsson  Critical  Radio  Systems,  Inc. 
 Marconi  Wireless  Nokia  Inc. 
 Simoco  Digital  Systems 
 Petition  for  Declaratory  Ruling  was  filed  by: 
 Com-  Net  Ericsson  Critical  Radio  Systems,  Inc. 
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 Federal  Communications  Commission  FCC  02-  67 
 APPENDIX  C 
 FINAL  RULES 
 Fourth  Memorandum  Opinion  and  Order 
 Part  90  of  Title  47  of  the  Code  of  Federal  Regulations  is  amended  as  follow: 
 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.  531  is  revised  to  read  as  follows: 
   90.531  Band  plan. 
 *  *  *  *  * 
 (b)(  1)  *  *  * 
 *  *  *  *  * 
 (iii)  Narrowband  trunking  Interoperability  channels.  The  following  Interoperability  channel  pairs  may  be  combined  with  the  appropriate  adjacent  secondary  trunking  channel  pairs  and  used  in  trunked  mode  on  a 
 secondary  basis  to  conventional  interoperability  operations:  23/  983,  24/  984,  103/  1063,  104/  1064,  183/  1143,  184/  1144,  263/  1223,  264/  1224,  657/  1617,  658/  1618,  737/  1697,  738/  1698,  817/  1777,  818/  1778, 
 897/  1857,  898/  1858.  For  every  ten  general  use  channels  trunked  at  a  station,  entities  may  obtain  a  license  to  operate  in  the  trunked  mode  on  two  of  the  above  contiguous  Interoperability  channel  pairs.  The 
 maximum  number  of  Interoperability  channel  pairs  that  can  be  trunked  at  any  one  location  is  eight. 
 *  *  *  *  * 
 (b)(  7)  Secondary  trunking  channels.  The  following  channel  pairs  are  reserved  for  secondary  trunking  operations:  21/  981,  22/  982,  101/  1061,  102/  1062,  181/  1141,  182/  1142,  261/  1221,  262/  1222,  659/  1619, 
 660/  1620,  739/  1699,  740/  1700,  819/  1779,  820/  1780,  899/  1859,  and  900/  1860.  They  may  be  used  only  in  combination  with  the  appropriate  adjacent  Interoperability  channel  pairs  specified  in  (b)(  1)(  iii)  of  this 
 section  in  trunked  systems. 
 *  *  *  *  * 
 (c)(  1)  Wideband  interoperability  channels.  The  following  wideband  channels  are  designated  for  nationwide  interoperability  licensing  and  use,  but  are  not  available  for  licensing  or  use  pending 
 Commission  adoption  of  a  wideband  interoperability  standard:  28-  30,  37-  39,  46-  48,  73-  75,  82-  84,  91-  93,  148-  150,  157-  159,  166-  168,  193-  195,  202-  204,  211-  213. 


 *  *  *  *  * 
 (d)  Combining  channels.  Except  as  noted  in  this  section,  at  the  discretion  of  the  appropriate  regional  planning  committee,  contiguous  channels  may  be  used  in  combination  in  order  to  accommodate 
 requirements  for  larger  bandwidth  emissions,  in  accordance  with  this  paragraph.  Interoperability 
25
 Federal  Communications  Commission  FCC  02-  67 
 2 
 channels  may  not  be  combined  with  channels  in  another  group  except  for  channels  for  secondary  trunking  channels. 
 (1)  Narrowband.  Two  or  four  contiguous  narrowband  (6.  25  kHz)  channels  may  be  used  in  combination  as  12.5  kHz  or  25  kHz  channels,  respectively.  The  lower  (in  frequency)  channel  for  two 
 channel  combinations  must  be  an  odd  (i.  e.,  1,  3,  5  ...)  numbered  channel.  The  lowest  (in  frequency)  channel  for  four  channel  combinations  must  be  a  channel  whose  number  is  equal  to  1+(  4xn),  where 
 n  =  any  integer  between  0  and  479,  inclusive  (e.  g.,  channel  number  1,  5,  ...  1917).  Channel  combinations  are  designated  by  the  lowest  and  highest  channel  numbers  separated  by  a  hyphen,  e.  g.,  "1-  2"  for  a  two 
 channel  combination  and  "1-  4"  for  a  four  channel  combination. 
 (2)  Wideband.  Two  or  three  contiguous  wideband  (50  kHz)  channels  may  be  used  in  combination  as  100  kHz  or  150  kHz  channels,  respectively.  The  lower  (in  frequency)  channel  for  two 
 channel  combinations  must  be  a  channel  whose  number  is  equal  to  1+(  3xn)  or  2+(  3xn),  where  n  =  any  integer  between  0  and  79,  inclusive  (e.  g.,  channel  number  1,  2,  4,  5,  7,  8,  ...  238,  239).  The  lowest  (in 
 frequency)  channel  for  three  channel  combinations  must  be  a  channel  whose  number  is  equal  to  1+(  3xn),  where  n  =  any  integer  between  0  and  79,  inclusive  (e.  g.,  channel  number  1,  4,  7,  10,  ...  238).  Channel 
 combinations  are  designated  by  the  lowest  and  highest  channel  numbers  separated  by  a  hyphen,  e.  g.,  "1-  2"  for  a  two  channel  combination  and  "1-  3"  for  a  three  channel  combination. 


 *  *  *  *  * 
 3.  Section  90.531(  b)(  2)  is  amended  by  removing  the  following  channels:  659,  660,  739,  740,  819,  820,  899,  900,  1619,  1620,  1699,  1700,  1779,  1780,  1859,  and  1860;  and  adding  the  following  channels: 
 37,  38,  61,  62,  77,  78,  141,  142,  221,  222,  277,  278,  301,  302,  317,  318,  997,  998,  1021,  1022,1037,  1038,  1101,  1102,  1181,  1182,  1237,  1238,  1261,  1262,  1277,  and  1278. 


 4.  Section  90.  547  is  revised  to  read  as  follows: 
   90.547  Narrowband  interoperability  channel  capability  requirement. 
 (a)  Except  as  noted  below,  mobile  and  portable  transmitters  operating  on  narrowband  channels  in  the  764-  776  MHz  and  794-  806  MHz  frequency  bands 
 must  be  capable  of  operating  on  all  of  the  designated  nationwide  narrowband  Interoperability  channels  pursuant  to  the  standards  specified  in  this  part. 


 (1)  Mobile  and  portable  transmitters  that  are  designed  to  operate  only  on  the  Low  Power  Channels  specified  in  Sections  90.531  (b)(  3)  and  (4)  are  exempt  from  this  Interoperability 
 channel  requirement. 
 (2)  Mobile  and  portable  transmitters  that  are  designed  to  operate  only  in  the  data  mode  must  be  capable  of  operation  on  the  data  Interoperability  channels  specified  in  Section  90.531(  b)(  1)(  i);  but  need 
 not  be  capable  of  voice  operation  on  other  Interoperability  channels. 
 (3)  Mobile  and  portable  transmitters  that  are  designed  to  operate  only  in  the  voice  mode  do  not  have  to  operate  on  the  data  Interoperability  channels  specified  in  Section  90.531(  b)(  1)(  i). 


 (b)  Mobile  and  portable  transmitters  designed  for  data  are  not  required  to  be  voice  capable,  and  vice  versa. 
 5.  Section  90.  548  is  added  to  read  as  follows: 
26
 Federal  Communications  Commission  FCC  02-  67 
 3 
   90.548  Interoperability  Technical  Standards 
 (a)  Transmitters  required  (See  90.547)  to  be  capable  of  operating  on  narrowband  Interoperability  channels  in  the  764-  776  and  794-  806  MHz  band  (See  90.531)  shall  conform  such  operations  to  the 
 following  technical  standards: 
 (1)  Transmitters  designed  for  voice  operation  shall  include  a  12.5  kHz  bandwidth  mode  of  operation  conforming  to  the  following  standards:  ANSI/  TIA/  EIA  102.  BAAA-  1  (common  air  interface) 
 for  operation  in  the  12.  5  kHz  FDM  mode;  ANSI/  TIA/  EIA  102.  BABA  (vocoder). 
 (2)  Transmitters  designed  for  data  transmission  shall  include  a  12.5  kHz  bandwidth  mode  of  operation  conforming  to  the  following  standards:  ANSI/  TIA/  EIA  102.  BAEA  (data  overview); 
 ANSI/  TIA/  EIA  102.  BAEB  (packet  data  specification);  ANSI/  TIA/  EIA  102.  BAEA  (radio  control  protocol);  ANSI/  TIA/  EIA  102.  BAAA-  1  (common  air  interface)  for  operation  in  the  12.5  kHz  FDM  mode. 


 (b)  Copies  of  the  standards  listed  in  this  Section  that  are  incorporated  by  reference  can  be  purchased  from  the  American  National  Standards  Institute,  Washington,  DC  Headquarters,  1819  L  Street, 
 NW,  6th  Floor,  Washington,  DC  20036. 
 (c)  Copies  of  the  standards  listed  in  this  Section  that  are  incorporated  by  reference  may  be  inspected  at  the  Federal  Communications  Commission,  445  12th  Street,  SW,  Washington,  DC  (Reference 
 Information  Center)  or  at  the  Office  of  the  Federal  Register,  800  North  Capitol  Street,  NW,  Suite  700,  Washington  D.  C. 


 6.  Section  90.553  is  revised  to  read  as  follows: 
   90.553  Encryption 
 (a)  Encryption  is  permitted  on  all  but  the  two  nationwide  Interoperability  calling  channels.  Radios  employing  encryption  must  have  a  readily  accessible  switch  or  other  readily  accessible  control  that 
 permits  the  radio  user  to  disable  encryption. 
 (b)  If  Encryption  is  employed  then  the  following  encryption  protocol  must  be  used:  ANSI/  TIA/  EIA  102.  AAAA-  A-  2001. 


 (c)  Copies  of  the  standards  listed  in  this  Section  that  are  incorporated  by  reference  can  be  purchased  from  TIA/  EIA,  2500  Wilson  Boulevard,  Arlington,  VA,  22201;  Global  Engineering  Documents,  155 
 Inverness  Way  East,  Englewood,  CO  80112;  or  the  American  National  Standards  Institute,  1819  L  Street,  N.  W.,  6  th  Floor,  Washington,  DC  20036. 
27
 Federal  Communications  Commission  FCC  02-  67 
 APPENDIX  D 
 Public  Safety  700  MHz  Band    Spectrum  Designations 


 The  instant  Fourth  Memorandum  Opinion  and  Order  does  not  change  the  amount  of  spectrum  designated  for  each  use.  By  way  of  reference,  the  twenty-  four  megahertz  of  spectrum  allocated  for  public  safety 
 services  in  the  700  MHz  band  is  designated,  as  a  the  result  of  the  Commissions  actions  in  the  Fourth  Report  and  Order,  as  follows: 


 700  MHZ  PUBLIC  SAFETY  BAND  SPECTRUM  DESIGNATIONS  DESIGNATED 
 PURPOSE  AMOUNT  OF  SPECTRUM  NARROWBAND  (6.25  kHZ)  WIDEBAND  (50  kHZ) 
 GENERAL  USE  12.5  MHz  (52.1  %)  7.7  MHz  (1232  channels)  4.8  MHz  (96  channels) 


 INTEROPERABILITY  (  IO)  2.6  MHz  (10.8  %)  0.8  MHz  (128  channels) 
 non-  IO  secondary  trunking    32  of  these  128  channels,  which 
 equates  to  eight  12.  5  kHz  channel  pairs,  may  be  added  to  non-  IO  trunked  systems 
   non-  IO  trunking  is  secondary  to  IO 


 1.8  MHz  (36  channels) 


 SECONDARY  TRUNKING  0.2  MHz  (  0.8  %)  0.2  MHz  (32  channels) 
 non-  IO  trunked  25  kHz  systems    32  non-  IO  channels  (eight  12.  5  kHz 
 pairs  adjacent  to  the  eight  12.  5  kHz  IO  channels  above)  that  may  be  added  to 
 non-  IO  trunked  systems    available  only  to  licensees  of  the  eight 
 12.5  kHz  IO  channels  (above)  that  use  non-  IO  trunked  25  kHz  systems 
   secondary  to  IO 


 -  0  - 


 STATE  LICENSE  2.4  MHz  (10.0  %)  2.4  MHz  (384  channels)  -  0  - 
 LOW  POWER  0.3  MHz  (1.3  %)  0.3  MHz  (48  channels)  -  0  - 
 RESERVE  6.0  MHz  (25.0  %)  0.6  MHz  (96  channels)  5.4  MHz  (  108  channels) 


 T  O  T  A  L  24  MHz  (100  %)  12  MHz  (1920  channels)  12  MHz  (240  channels) 
28
 Federal 
 Communications 


 Commission 


 FCC 
 02- 
 67 


 APPENDIX 
 E 


 Public 
 Safety 
 700 
 MHz 


 Band 


  
 Segmentation 


 and 
 Channelization 


 Table 
29
 Federal 
 Communications 


 Commission 


 FCC 
 02- 
 67 


 2 


 764 
 MHz 


 1 
 2 
 3 
 4 
 5 
 6 
 7 
 8 
 9 
 1  0 
 1  1 
 1  2 
 1  3 
 1  4 
 1  5 
 1  6 
 1  7 
 1  8 
 1  9 
 2  0 
 2  1 
 2  2 
 2  3 
 2  4 
 2  5 
 2  6 
 2  7 
 2  8 
 2  9 
 3  0 
 3  1 
 3  2 
 3  3 
 3  4 
 3  5 
 3  6 
 3  7 
 3  8 
 3  9 
 4  0 
 4  1 
 4  2 
 4  3 
 4  4 
 4  5 
 4  6 
 4  7 
 4  8 
 4  9 
 5  0 
 5  1 
 5  2 
 5  3 
 5  4 
 5  5 
 5  6 
 5  7 
 5  8 
 5  9 
 6  0 
 6  1 
 6  2 
 6  3 
 6  4 
 6  5 
 6  6 
 6  7 
 6  8 
 6  9 
 7  0 
 7  1 
 7  2 
 7  3 
 7  4 
 7  5 
 7  6 
 7  7 
 7  8 
 7  9 
 8  0 


 8  1 
 8  2 
 8  3 
 8  4 
 8  5 
 8  6 
 8  7 
 8  8 
 8  9 
 9  0 
 9  1 
 9  2 
 9  3 
 9  4 
 9  5 
 9  6 
 9  7 
 9  8 
 9  9 
 1  0  0 
 1  0  1 
 1  0  2 
 1  0  3 
 1  0  4 
 1  0  5 
 1  0  6 
 1  0  7 
 1  0  8 
 1  0  9 
 1  1  0 
 1  1  1 
 1  1  2 
 1  1  3 
 1  1  4 
 1  1  5 
 1  1  6 
 1  1  7 
 1  1  8 
 1  1  9 
 1  2  0 
 1  2  1 
 1  2  2 
 1  2  3 
 1  2  4 
 1  2  5 
 1  2  6 
 1  2  7 
 1  2  8 
 1  2  9 
 1  3  0 
 1  3  1 
 1  3  2 
 1  3  3 
 1  3  4 
 1  3  5 
 1  3  6 
 1  3  7 
 1  3  8 
 1  3  9 
 1  4  0 
 1  4  1 
 1  4  2 
 1  4  3 
 1  4  4 
 1  4  5 
 1  4  6 
 1  4  7 
 1  4  8 
 1  4  9 
 1  5  0 
 1  5  1 
 1  5  2 
 1  5  3 
 1  5  4 
 1  5  5 
 1  5  6 
 1  5  7 
 1  5  8 
 1  5  9 
 1  6  0 


 1  6  1 
 1  6  2 
 1  6  3 
 1  6  4 
 1  6  5 
 1  6  6 
 1  6  7 
 1  6  8 
 1  6  9 
 1  7  0 
 1  7  1 
 1  7  2 
 1  7  3 
 1  7  4 
 1  7  5 
 1  7  6 
 1  7  7 
 1  7  8 
 1  7  9 
 1  8  0 
 1  8  1 
 1  8  2 
 1  8  3 
 1  8  4 
 1  8  5 
 1  8  6 
 1  8  7 
 1  8  8 
 1  8  9 
 1  9  0 
 1  9  1 
 1  9  2 
 1  9  3 
 1  9  4 
 1  9  5 
 1  9  6 
 1  9  7 
 1  9  8 
 1  9  9 
 2  0  0 
 2  0  1 
 2  0  2 
 2  0  3 
 2  0  4 
 2  0  5 
 2  0  6 
 2  0  7 
 2  0  8 
 2  0  9 
 2  1  0 
 2  1  1 
 2  1  2 
 2  1  3 
 2  1  4 
 2  1  5 
 2  1  6 
 2  1  7 
 2  1  8 
 2  1  9 
 2  2  0 
 2  2  1 
 2  2  2 
 2  2  3 
 2  2  4 
 2  2  5 
 2  2  6 
 2  2  7 
 2  2  8 
 2  2  9 
 2  3  0 
 2  3  1 
 2  3  2 
 2  3  3 
 2  3  4 
 2  3  5 
 2  3  6 
 2  3  7 
 2  3  8 
 2  3  9 
 2  4  0 


 2  4  1 
 2  4  2 
 2  4  3 
 2  4  4 
 2  4  5 
 2  4  6 
 2  4  7 
 2  4  8 
 2  4  9 
 2  5  0 
 2  5  1 
 2  5  2 
 2  5  3 
 2  5  4 
 2  5  5 
 2  5  6 
 2  5  7 
 2  5  8 
 2  5  9 
 2  6  0 
 2  6  1 
 2  6  2 
 2  6  3 
 2  6  4 
 2  6  5 
 2  6  6 
 2  6  7 
 2  6  8 
 2  6  9 
 2  7  0 
 2  7  1 
 2  7  2 
 2  7  3 
 2  7  4 
 2  7  5 
 2  7  6 
 2  7  7 
 2  7  8 
 2  7  9 
 2  8  0 
 2  8  1 
 2  8  2 
 2  8  3 
 2  8  4 
 2  8  5 
 2  8  6 
 2  8  7 
 2  8  8 
 2  8  9 
 2  9  0 
 2  9  1 
 2  9  2 
 2  9  3 
 2  9  4 
 2  9  5 
 2  9  6 
 2  9  7 
 2  9  8 
 2  9  9 
 3  0  0 
 3  0  1 
 3  0  2 
 3  0  3 
 3  0  4 
 3  0  5 
 3  0  6 
 3  0  7 
 3  0  8 
 3  0  9 
 3  1  0 
 3  1  1 
 3  1  2 
 3  1  3 
 3  1  4 
 3  1  5 
 3  1  6 
 3  1  7 
 3  1  8 
 3  1  9 
 3  2  0 


 3  2  1 
 3  2  2 
 3  2  3 
 3  2  4 
 3  2  5 
 3  2  6 
 3  2  7 
 3  2  8 
 3  2  9 
 3  3  0 
 3  3  1 
 3  3  2 
 3  3  3 
 3  3  4 
 3  3  5 
 3  3  6 
 3  3  7 
 3  3  8 
 3  3  9 
 3  4  0 
 3  4  1 
 3  4  2 
 3  4  3 
 3  4  4 
 3  4  5 
 3  4  6 
 3  4  7 
 3  4  8 
 3  4  9 
 3  5  0 
 3  5  1 
 3  5  2 
 3  5  3 
 3  5  4 
 3  5  5 
 3  5  6 
 3  5  7 
 3  5  8 
 3  5  9 
 3  6  0 
 3  6  1 
 3  6  2 
 3  6  3 
 3  6  4 
 3  6  5 
 3  6  6 
 3  6  7 
 3  6  8 
 3  6  9 
 3  7  0 
 3  7  1 
 3  7  2 
 3  7  3 
 3  7  4 
 3  7  5 
 3  7  6 
 3  7  7 
 3  7  8 
 3  7  9 
 3  8  0 
 3  8  1 
 3  8  2 
 3  8  3 
 3  8  4 
 3  8  5 
 3  8  6 
 3  8  7 
 3  8  8 
 3  8  9 
 3  9  0 
 3  9  1 
 3  9  2 
 3  9  3 
 3  9  4 
 3  9  5 
 3  9  6 
 3  9  7 
 3  9  8 
 3  9  9 
 4  0  0 


 4  0  1 
 4  0  2 
 4  0  3 
 4  0  4 
 4  0  5 
 4  0  6 
 4  0  7 
 4  0  8 
 4  0  9 
 4  1  0 
 4  1  1 
 4  1  2 
 4  1  3 
 4  1  4 
 4  1  5 
 4  1  6 
 4  1  7 
 4  1  8 
 4  1  9 
 4  2  0 
 4  2  1 
 4  2  2 
 4  2  3 
 4  2  4 
 4  2  5 
 4  2  6 
 4  2  7 
 4  2  8 
 4  2  9 
 4  3  0 
 4  3  1 
 4  3  2 
 4  3  3 
 4  3  4 
 4  3  5 
 4  3  6 
 4  3  7 
 4  3  8 
 4  3  9 
 4  4  0 
 4  4  1 
 4  4  2 
 4  4  3 
 4  4  4 
 4  4  5 
 4  4  6 
 4  4  7 
 4  4  8 
 4  4  9 
 4  5  0 
 4  5  1 
 4  5  2 
 4  5  3 
 4  5  4 
 4  5  5 
 4  5  6 
 4  5  7 
 4  5  8 
 4  5  9 
 4  6  0 
 4  6  1 
 4  6  2 
 4  6  3 
 4  6  4 
 4  6  5 
 4  6  6 
 4  6  7 
 4  6  8 
 4  6  9 
 4  7  0 
 4  7  1 
 4  7  2 
 4  7  3 
 4  7  4 
 4  7  5 
 4  7  6 
 4  7  7 
 4  7  8 
 4  7  9 
 4  8  0 


 767 
 MHz 


 767 
 MHz 


 773 
 MHz 


 773 
 MHz 


 4  8  1 
 4  8  2 
 4  8  3 
 4  8  4 
 4  8  5 
 4  8  6 
 4  8  7 
 4  8  8 
 4  8  9 
 4  9  0 
 4  9  1 
 4  9  2 
 4  9  3 
 4  9  4 
 4  9  5 
 4  9  6 
 4  9  7 
 4  9  8 
 4  9  9 
 5  0  0 
 5  0  1 
 5  0  2 
 5  0  3 
 5  0  4 
 5  0  5 
 5  0  6 
 5  0  7 
 5  0  8 
 5  0  9 
 5  1  0 
 5  1  1 
 5  1  2 
 5  1  3 
 5  1  4 
 5  1  5 
 5  1  6 
 5  1  7 
 5  1  8 
 5  1  9 
 5  2  0 
 5  2  1 
 5  2  2 
 5  2  3 
 5  2  4 
 5  2  5 
 5  2  6 
 5  2  7 
 5  2  8 
 5  2  9 
 5  3  0 
 5  3  1 
 5  3  2 
 5  3  3 
 5  3  4 
 5  3  5 
 5  3  6 
 5  3  7 
 5  3  8 
 5  3  9 
 5  4  0 
 5  4  1 
 5  4  2 
 5  4  3 
 5  4  4 
 5  4  5 
 5  4  6 
 5  4  7 
 5  4  8 
 5  4  9 
 5  5  0 
 5  5  1 
 5  5  2 
 5  5  3 
 5  5  4 
 5  5  5 
 5  5  6 
 5  5  7 
 5  5  8 
 5  5  9 
 5  6  0 


 5  6  1 
 5  6  2 
 5  6  3 
 5  6  4 
 5  6  5 
 5  6  6 
 5  6  7 
 5  6  8 
 5  6  9 
 5  7  0 
 5  7  1 
 5  7  2 
 5  7  3 
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 5  7  9 
 5  8  0 
 5  8  1 
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 5  8  9 
 5  9  0 
 5  9  1 
 5  9  2 
 5  9  3 
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 5  9  5 
 5  9  6 
 5  9  7 
 5  9  8 
 5  9  9 
 6  0  0 
 6  0  1 
 6  0  2 
 6  0  3 
 6  0  4 
 6  0  5 
 6  0  6 
 6  0  7 
 6  0  8 
 6  0  9 
 6  1  0 
 6  1  1 
 6  1  2 
 6  1  3 
 6  1  4 
 6  1  5 
 6  1  6 
 6  1  7 
 6  1  8 
 6  1  9 
 6  2  0 
 6  2  1 
 6  2  2 
 6  2  3 
 6  2  4 
 6  2  5 
 6  2  6 
 6  2  7 
 6  2  8 
 6  2  9 
 6  3  0 
 6  3  1 
 6  3  2 
 6  3  3 
 6  3  4 
 6  3  5 
 6  3  6 
 6  3  7 
 6  3  8 
 6  3  9 
 6  4  0 


 6  4  1 
 6  4  2 
 6  4  3 
 6  4  4 
 6  4  5 
 6  4  6 
 6  4  7 
 6  4  8 
 6  4  9 
 6  5  0 
 6  5  1 
 6  5  2 
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 6  5  8 
 6  5  9 
 6  6  0 
 6  6  1 
 6  6  2 
 6  6  3 
 6  6  4 
 6  6  5 
 6  6  6 
 6  6  7 
 6  6  8 
 6  6  9 
 6  7  0 
 6  7  1 
 6  7  2 
 6  7  3 
 6  7  4 
 6  7  5 
 6  7  6 
 6  7  7 
 6  7  8 
 6  7  9 
 6  8  0 
 6  8  1 
 6  8  2 
 6  8  3 
 6  8  4 
 6  8  5 
 6  8  6 
 6  8  7 
 6  8  8 
 6  8  9 
 6  9  0 
 6  9  1 
 6  9  2 
 6  9  3 
 6  9  4 
 6  9  5 
 6  9  6 
 6  9  7 
 6  9  8 
 6  9  9 
 7  0  0 
 7  0  1 
 7  0  2 
 7  0  3 
 7  0  4 
 7  0  5 
 7  0  6 
 7  0  7 
 7  0  8 
 7  0  9 
 7  1  0 
 7  1  1 
 7  1  2 
 7  1  3 
 7  1  4 
 7  1  5 
 7  1  6 
 7  1  7 
 7  1  8 
 7  1  9 
 7  2  0 


 7  2  1 
 7  2  2 
 7  2  3 
 7  2  4 
 7  2  5 
 7  2  6 
 7  2  7 
 7  2  8 
 7  2  9 
 7  3  0 
 7  3  1 
 7  3  2 
 7  3  3 
 7  3  4 
 7  3  5 
 7  3  6 
 7  3  7 
 7  3  8 
 7  3  9 
 7  4  0 
 7  4  1 
 7  4  2 
 7  4  3 
 7  4  4 
 7  4  5 
 7  4  6 
 7  4  7 
 7  4  8 
 7  4  9 
 7  5  0 
 7  5  1 
 7  5  2 
 7  5  3 
 7  5  4 
 7  5  5 
 7  5  6 
 7  5  7 
 7  5  8 
 7  5  9 
 7  6  0 
 7  6  1 
 7  6  2 
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 7  6  8 
 7  6  9 
 7  7  0 
 7  7  1 
 7  7  2 
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 7  7  7 
 7  7  8 
 7  7  9 
 7  8  0 
 7  8  1 
 7  8  2 
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 7  8  9 
 7  9  0 
 7  9  1 
 7  9  2 
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 7  9  5 
 7  9  6 
 7  9  7 
 7  9  8 
 7  9  9 
 8  0  0 


 8  0  1 
 8  0  2 
 8  0  3 
 8  0  4 
 8  0  5 
 8  0  6 
 8  0  7 
 8  0  8 
 8  0  9 
 8  1  0 
 8  1  1 
 8  1  2 
 8  1  3 
 8  1  4 
 8  1  5 
 8  1  6 
 8  1  7 
 8  1  8 
 8  1  9 
 8  2  0 
 8  2  1 
 8  2  2 
 8  2  3 
 8  2  4 
 8  2  5 
 8  2  6 
 8  2  7 
 8  2  8 
 8  2  9 
 8  3  0 
 8  3  1 
 8  3  2 
 8  3  3 
 8  3  4 
 8  3  5 
 8  3  6 
 8  3  7 
 8  3  8 
 8  3  9 
 8  4  0 
 8  4  1 
 8  4  2 
 8  4  3 
 8  4  4 
 8  4  5 
 8  4  6 
 8  4  7 
 8  4  8 
 8  4  9 
 8  5  0 
 8  5  1 
 8  5  2 
 8  5  3 
 8  5  4 
 8  5  5 
 8  5  6 
 8  5  7 
 8  5  8 
 8  5  9 
 8  6  0 
 8  6  1 
 8  6  2 
 8  6  3 
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 8  6  5 
 8  6  6 
 8  6  7 
 8  6  8 
 8  6  9 
 8  7  0 
 8  7  1 
 8  7  2 
 8  7  3 
 8  7  4 
 8  7  5 
 8  7  6 
 8  7  7 
 8  7  8 
 8  7  9 
 8  8  0 


 8  8  1 
 8  8  2 
 8  8  3 
 8  8  4 
 8  8  5 
 8  8  6 
 8  8  7 
 8  8  8 
 8  8  9 
 8  9  0 
 8  9  1 
 8  9  2 
 8  9  3 
 8  9  4 
 8  9  5 
 8  9  6 
 8  9  7 
 8  9  8 
 8  9  9 
 9  0  0 
 9  0  1 
 9  0  2 
 9  0  3 
 9  0  4 
 9  0  5 
 9  0  6 
 9  0  7 
 9  0  8 
 9  0  9 
 9  1  0 
 9  1  1 
 9  1  2 
 9  1  3 
 9  1  4 
 9  1  5 
 9  1  6 
 9  1  7 
 9  1  8 
 9  1  9 
 9  2  0 
 9  2  1 
 9  2  2 
 9  2  3 
 9  2  4 
 9  2  5 
 9  2  6 
 9  2  7 
 9  2  8 
 9  2  9 
 9  3  0 
 9  3  1 
 9  3  2 
 9  3  3 
 9  3  4 
 9  3  5 
 9  3  6 
 9  3  7 
 9  3  8 
 9  3  9 
 9  4  0 
 9  4  1 
 9  4  2 
 9  4  3 
 9  4  4 
 9  4  5 
 9  4  6 
 9  4  7 
 9  4  8 
 9  4  9 
 9  5  0 
 9  5  1 
 9  5  2 
 9  5  3 
 9  5  4 
 9  5  5 
 9  5  6 
 9  5  7 
 9  5  8 
 9  5  9 
 9  6  0 


 776 
 MHz 


 NARROWBAND 
 CHANNELS: 
 Two 
 may 
 be 
 combined 


 provided 
 that 
 the 
 lower 


 channel 


 number 
 is 
 odd 


 (e. 
 g., 


 1, 
 3, 
 5) 


 Four 
 may 
 be 
 combined 


 provided 
 that 
 the 
 lower 


 channel 


 number 
 is 
 1 
 + 
 4n, 


 n 
 = 
 0 
 to 


 479 


 (e. 
 g., 


 1, 
 5,  1917) 


 Narrowband 
 channels 
 must 
 maintain 


 a 
 data 


 throughput 


 efficiency 
 of 
 not 


 less 


 than 


 4.8 
 kbps 


 for 
 each 


 6. 
 25 


 kHz 


 of 
 bandwidth. 


 WIDEBAND 
 CHANNELS:  Two  may  be  combined  provided 


 that 
 the 
 lower 


 channel 


 number 
 is 
 1 
 + 
 3n 


 or 
 2 
 + 
 3n, 


 n 
 = 
 0 
 to 


 79 


 (e. 
 g., 


 1, 
 2, 
 4, 
 5,  238, 


 239) 


 Three 
 may 
 be 
 combined 


 provided 
 that 
 the 
 lower 


 channel 


 number 
 is 
 1 
 + 
 3n, 


 n 
 = 
 0 
 to 


 79 


 (e. 
 g., 


 1, 
 4,  238) 


 Wideband 
 channels 
 must 
 maintain 


 a 
 data 


 throughput 


 efficiency 
 of 
 not 


 less 


 than 
 384 
 kbps 


 for 
 each 


 150 
 kHz 
 of 
 bandwidth. 


 Channel 
 numbers 


 for 
 combined 


 channels 
 are 
 designated 


 by 
 the 


 lowest 


 and 
 highest 


 channel 
 numbers 
 separated 


 by 
 a 
 hyphen, 


 e. 
 g., 


 "1- 
 2" 
 and 


 1-  3". 


 480 
 NARROWBAND 


 BASE 
 CHANNELS 


 - 
 SEGMENT 


 2 
 (6.25 


 kHz 
 each, 


 aggregate 


 to 
 25 


 kHz) 


 55 
 49 
 73 


 79 
 74 
 93 


 LOW 
 POWER  STATE  LICENSE  RESERVE 


 17 
 6 


 GENERAL 
 USE  INTEROPERABILITY 


 26 
 34 
 35 
 27  45 


 43 


 103 
 480 
 NARROWBAND 


 BASE 
 CHANNELS 


 - 
 SEGMENT 


 1 
 (6. 


 25 


 kHz 


 each, 


 aggregate 


 to 
 25 


 kHz) 


 700 
 MHz 


 BAND 


 PLAN 
 per 
 Fourth 


 MO& 
 O 
 in 
 WT 


 Dkt. 


 96-  86 


 (TV 
 Chs. 


 63/  64) 


 120 
 WIDEBAND 


 BASE 
 CHANNELS 


 - 
 SEGMENT 


 1 
 (50 


 kHz 


 each, 


 aggregate 


 to 
 150 


 kHz) 


 1 
 7 
 8 
 9 


 2 
 3  111 


 92  38  110 


 4 
 5 


 13 
 14 


 44  62 


 21 
 33  42 
 48 
 22  58  31 


 <- 
 TV63 


 60 


 81 
 80 
 54 


 61 
 TV64-> 


 71 


 52 
 53 
 72  63 


 68 
 89 


 84 
 67 


 70 
 69 


 85 
 75 


 87 
 88 


 90 


 113 
 116 
 115  97 


 99  117  108 
 98 


 77 
 65 
 19 


 25 
 57 
 50  59 
 51 


 20 
 32 


 28 
 11  29 


 24 


 10 
 23 
 12 


 15 


 46 
 47 


 94 


 37 
 83 
 91  82 


 76 


 118 
 119 


 40 
 101 
 100  64 


 102 
 109 


 39 
 56 


 18 
 114  78 
 30 


 36 
 66 
 95  41  86 
 16 


 I/ 
 O 
 Nationwide 


 CALL 


 I/ 
 O 


 Low 


 Speed 


 DATA 


 2ndary 
 TRUNKING 


 120 
 96 
 112 
 104 
 105 


 107 
 106 
30
 Federal 
 Communications 


 Commission 


 FCC 
 02- 
 67 


 3 


 794 
 MHz 


 96  1 
 96  2 
 96  3 
 96  4 
 96  5 
 96  6 
 96  7 
 96  8 
 96  9 
 97  0 
 97  1 
 97  2 
 97  3 
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 99  0 
 99  1 
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 1000 
 1001 
 1002 
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 1150 
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 1341 
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 1360 


 1361 
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 1364 
 1365 
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 1436 
 1437 
 1438 
 1439 
 1440 


 797 
 MHz 


 797 
 MHz 


 803 
 MHz 


 803 
 MHz 


 14  41 
 14  42 
 14  43 
 14  44 
 14  45 
 14  46 
 14  47 
 14  48 
 14  49 
 14  50 
 14  51 
 14  52 
 14  53 
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 14  73 
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 15  00 
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 15  19 
 15  20 


 15  21 
 15  22 
 15  23 
 15  24 
 15  25 
 15  26 
 15  27 
 15  28 
 15  29 
 15  30 
 15  31 
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 15  37 
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 15  46 
 15  47 
 15  48 
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 15  99 
 16  00 


 160  1 
 160  2 
 160  3 
 160  4 
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 161  0 
 161  1 
 161  2 
 161  3 
 161  4 
 161  5 
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 161  8 
 161  9 
 162  0 
 162  1 
 162  2 
 162  3 
 162  4 
 162  5 
 162  6 
 162  7 
 162  8 
 162  9 
 163  0 
 163  1 
 163  2 
 163  3 
 163  4 
 163  5 
 163  6 
 163  7 
 163  8 
 163  9 
 164  0 
 164  1 
 164  2 
 164  3 
 164  4 
 164  5 
 164  6 
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 165  0 
 165  1 
 165  2 
 165  3 
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 166  0 
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 167  0 
 167  1 
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 168  0 


 168  1 
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 168  8 
 168  9 
 169  0 
 169  1 
 169  2 
 169  3 
 169  4 
 169  5 
 169  6 
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 169  8 
 169  9 
 170  0 
 170  1 
 170  2 
 170  3 
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 170  8 
 170  9 
 171  0 
 171  1 
 171  2 
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 171  8 
 171  9 
 172  0 
 172  1 
 172  2 
 172  3 
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 172  5 
 172  6 
 172  7 
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 172  9 
 173  0 
 173  1 
 173  2 
 173  3 
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 173  5 
 173  6 
 173  7 
 173  8 
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 174  0 
 174  1 
 174  2 
 174  3 
 174  4 
 174  5 
 174  6 
 174  7 
 174  8 
 174  9 
 175  0 
 175  1 
 175  2 
 175  3 
 175  4 
 175  5 
 175  6 
 175  7 
 175  8 
 175  9 
 176  0 


 1761 
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 1830 
 1831 
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 1833 
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 1835 
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 1837 
 1838 
 1839 
 1840 


 184  1 
 184  2 
 184  3 
 184  4 
 184  5 
 184  6 
 184  7 
 184  8 
 184  9 
 185  0 
 185  1 
 185  2 
 185  3 
 185  4 
 185  5 
 185  6 
 185  7 
 185  8 
 185  9 
 186  0 
 186  1 
 186  2 
 186  3 
 186  4 
 186  5 
 186  6 
 186  7 
 186  8 
 186  9 
 187  0 
 187  1 
 187  2 
 187  3 
 187  4 
 187  5 
 187  6 
 187  7 
 187  8 
 187  9 
 188  0 
 188  1 
 188  2 
 188  3 
 188  4 
 188  5 
 188  6 
 188  7 
 188  8 
 188  9 
 189  0 
 189  1 
 189  2 
 189  3 
 189  4 
 189  5 
 189  6 
 189  7 
 189  8 
 189  9 
 190  0 
 190  1 
 190  2 
 190  3 
 190  4 
 190  5 
 190  6 
 190  7 
 190  8 
 190  9 
 191  0 
 191  1 
 191  2 
 191  3 
 191  4 
 191  5 
 191  6 
 191  7 
 191  8 
 191  9 
 192  0 


 806 
 MHz 


 NARROWBAND 
 CHANNELS: 
 Two 
 may 
 be 
 combined 


 provided 
 that 
 the 
 lower 


 channel 


 number 
 is 
 odd 


 (e. 
 g., 


 1, 
 3, 
 5) 


 Four 
 may 
 be 
 combined 


 provided 
 that 
 the 
 lower 


 channel 


 number 
 is 
 1 
 + 
 4n, 


 n 
 = 
 0 
 to 


 479 


 (e. 
 g., 


 1, 
 5,  1917) 


 Narrowband 
 channels 
 must 
 maintain 


 a 
 data 


 throughput 


 efficiency 
 of 
 not 


 less 


 than 


 4.8 
 kbps 


 for 
 each 


 6. 
 25 


 kHz 


 of 
 bandwidth. 


 WIDEBAND 
 CHANNELS:  Two  may  be  combined  provided 


 that 
 the 
 lower 


 channel 


 number 
 is 
 1 
 + 
 3n 


 or 
 2 
 + 
 3n, 


 n 
 = 
 0 
 to 


 79 


 (e. 
 g., 


 1, 
 2, 
 4, 
 5,  238, 


 239) 


 Three 
 may 
 be 
 combined 


 provided 
 that 
 the 
 lower 


 channel 


 number 
 is 
 1 
 + 
 3n, 


 n 
 = 
 0 
 to 


 79 


 (e. 
 g., 


 1, 
 4,  238) 


 Wideband 
 channels 
 must 
 maintain 


 a 
 data 


 throughput 


 efficiency 
 of 
 not 


 less 


 than 
 384 
 kbps 


 for 
 each 


 150 
 kHz 
 of 
 bandwidth. 


 Channel 
 numbers 


 for 
 combined 


 channels 
 are 
 designated 


 by 
 the 


 lowest 


 and 
 highest 


 channel 
 numbers 
 separated 


 by 
 a 
 hyphen, 


 e. 
 g., 


 "1- 
 2" 
 and 


 1-  3". 


 LOW 
 POWER 


 181 
 TV69-> 


 152  170 
 <- 
 TV68 


 180 


 173 


 197 
 199 
 183 


 189 


 700 
 MHz 


 BAND 


 PLAN 
 per 
 Fourth 


 MO& 
 O 
 in 
 WT 


 Dkt. 


 96-  86 


 (TV 
 Chs. 


 68/  69) 


 168 


 219 
 218 


 480 
 NARROWBAND 


 MOBILE 
 CHANNELS 


 - 
 SEGMENT 


 3 
 (6.25 


 kHz 
 each, 


 aggregate 


 to 
 25 


 kHz) 


 174  192 


 144 
 132 


 156  237 
 2ndary 
 TRUNKING 


 234 
 228 
 208  235  217 


 I/ 
 O 
 Nationwide 


 CALL 


 I/ 
 O 


 Low 


 Speed 


 DATA 


 233 
 226 
 227 


 480 
 NARROWBAND 


 MOBILE 
 CHANNELS 


 - 
 SEGMENT 


 4 
 (6.25 


 kHz 
 each, 


 aggregate 


 to 
 25 


 kHz) 


 238 
 239 


 236 
 231 
 225 
 224 


 138 


 150 
 151 


 164 
 160 
 161 


 136 
 147 


 141 
 153 


 166 
 167 
 222  240 
 221  203 
 184  202  193 
 185  194 


 207 
 205 
 195 


 206 
 204 
 196 


 148 
 131  149  140 
 139  130 


 124 
 154 
 125 


 155 


 142 
 137 
 126 
 146 
 145 


 143 


 165 


 187 
 177  159 


 188 
 186 


 201 
 171 
 179 


 210 
 190 
 191  200  209 


 198 
 182 


 213 
 215 
 216 


 229  211 
 230 
 220 


 223 
 212 
 214  232 


 157 


 163 
 175 
 169 
 172 
 162 


 158  176 
 178 
 120 
 WIDEBAND 


 MOBILE 
 CHANNELS 


 - 
 SEGMENT 


 2 
 (50 


 kHz 


 each, 


 aggregate 


 to 
 150 


 kHz) 


 121 
 127 
 133 
 122 


 128 
 134 
 123 


 135 
 129 
 GENERAL 
 USE  INTEROPERABILITY 
 RESERVE  STATE  LICENSE 
31