Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67823

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 21, 2005. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).)

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Hydrocarbons, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements.

Dated: October 26, 2004. 

Julie M. Hagensen, 

Acting Regional Administrator, Region 10.

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart MM—Oregon

■ 2. Section 52.1970 is amended by 

adding paragraph (c) (142) to read as 

follows:

§ 52.1970 Identification of plan.

* * * * *

(c) * * * 

(142) The Environmental Protection 

Agency (EPA) approves various 

amendments to the Oregon State 

Implementation Plan which are 

contained in four separate submittals to 

EPA, dated November 5, 1999, 

November 27, 2000, January 10, 2003 

and April 19, 2004 which include 

revisions to the inspection and 

maintenance program. 

(i) Incorporation by reference. 

(A) The following sections of the 

Oregon Administrative Rules 340: 256–

0200, 256–0310, 256–0330, 256–0340, 

256–0350, 256–0370, 256–0380, 256–

0390, 256–0400, 256–0410, 256–0420, 

256–0450, 256–0460, and 256–0470, as 

effective October 14, 1999; 256–0355, 

256–0440, and 256–0465, as effective 

October 25, 2000; 256–0356, as effective 

October 4, 2001; and 256–0010, 256–

0300, as effective October 24, 2003. 

(B) Remove the following old sections 

of the Oregon Administrative Rules 340 

from the current incorporation by 

reference: 024–100, 024–300, 024–301, 

024–305, 024–306, 024–307, 024–308, 

024–309, 024–312, 024–314, 024–318, 

024–320, 024–325, 024–330, 024–332, 

024–335, 024–337, 024–340, 024–355, 

024–357, and 024–360. 

(ii) Additional Material: 

(A) Oregon SIP Volume 2, Section 5.4, 

as effective October 24, 2003.

[FR Doc. 04–25629 Filed 11–19–04; 8:45 am] 

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 22, 24, 74, 78 and 90 

[WT Docket No. 02–55; ET Docket No. 00–

258; ET Docket No. 95–18, RM–9498; RM–

10024; FCC 04–168] 

Private Land Mobile Services; 800 MHz 

Public Safety Interference Proceeding

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: In this document the 

Commission amends its rules to adopt 

objective technical standards defining 

‘‘unacceptable interference’’ to noncellular licensees operating in the 800 

MHz band and procedures detailing 800 

MHz licensees’ responsibilities and 

expectations regarding abatement of 

such interference. The Commission also 

adopts rules reconfiguring the 800 MHz 

band and designating ten megahertz of 

spectrum in the 1.9 GHz band available 

for the provision of commercial mobile 

radio services (CMRS). The Commission 

took these steps to solve the problem of 

increasing interference to public safety 

communications in the 800 MHz band. 

These rules are intended to abate this 

interference as well as making 

additional spectrum available for the 

provision of new services.

DATES: Effective January 21, 2005, 

except for §§ 22.972, 22.973, 90.674, 

90.675, 90.676 and 90.677 which 

contain information collection 

requirements that have not been 

approved by the Office of Management 

and Budget. The Commission will 

publish a document in the Federal 

Register announcing the effective date 

for these sections.

FOR FURTHER INFORMATION CONTACT:

Technical information: Brian Marenco, 

Brian.Marenco@FCC.gov, Public Safety 

and Critical Infrastructure Division, 

Wireless Telecommunications Bureau, 

(202) 418–0680, or TTY (202) 418–7233. 

Legal information: Roberto Mussenden, 

Esq. Roberto.Mussenden@FCC.gov, 

Public Safety and Critical Infrastructure 

Division, Wireless Telecommunications 

Bureau (202) 418–0680, or TTY (202) 

418–7233. For additional information 

concerning the Paperwork Reduction 

Act information collection requirements 

contained in this document, contact 

Judith B. Herman at (202) 418–0214, or 

via the Internet at JudithB.Herman@fcc.gov.

SUPPLEMENTARY INFORMATION: This 

document summarizes the Federal 

Communications Commission’s Report 

and Order, Fifth R&O, Fourth MO&O, 

and Order, FCC 04–168, adopted on July 

8, 2004, and released on August 6, 2004. 

The full text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center, 445 12th Street, 

SW., Washington, DC 20554. The 

complete text may be purchased from 

the Commission’s copy contractor, Best 

Copy and Printing Inc., 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. The full text may also be 

downloaded at http://www.fcc.gov/wtb. 

Alternative formats are available to 

persons with disabilities by contacting 

Brian Millin at (202) 418–7426 or TTY 

(202) 418–7365 or at bmillin@fcc.gov. 

Summary of Report and Order 

1. In the Report and Order, the 

Commission adopts changes to parts 2, 

22 and 90 of the Commission’s rules 

that were either proposed in or 

suggested in response to the Notice of 

Proposed Rule Making (NPRM) and 

subsequent Public Notices in this 

proceeding. The NPRM, released on 

March 15, 2002, 67 FR 16351–02 (April 

5, 2002), sought to explore all available 

options and alternatives for improving 

the spectrum environment for public 

safety operations in the 800 MHz Band 

and to ensure that public safety agencies 

have access to adequate spectrum 

resources in the 800 MHz band to 

support their critical missions. On 

67824 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

September 6, 2002, the Wireless 

Telecommunications Bureau (Bureau) 

released a public notice inviting 

comment on a ‘‘Consensus Proposal’’

band plan submitted by seventeen 

parties (Consensus Parties) in a reply 

comment in the proceeding. On January 

3, 2003, the Bureau sought comment on 

the supplement, setting forth additional 

information about the Consensus 

Proposal, as supplemented on December 

24, 2002, by the Consensus Parties, 68 

FR 6687–01 (February 10, 2003). 

2. The following is a summary of our 

major decisions. In the Report and 

Order, we: (i) Define ‘‘unacceptable 

interference’’ in the 800 MHz band as a 

function of the threshold received 

power levels of desired signals. 

Specifically, ‘‘unacceptable 

interference’’ occurs when the signals 

from a cellular architecture station or 

stations, cause the carrier-to-noise plus 

interference ratio of a radio meeting 

TIA-equivalent Class A standards to 

degrade below 20 dB in an area in 

which the median measured received 

signal power of the desired signal is 

equal to or greater than ¥104 dBm for 

mobile units or ¥101 dBm for portable 

units. In the case of data radios, 

unacceptable interference occurs when 

the received signal power criteria, 

above, are met and the bit error rate of 

the radio exceeds the value specified by 

the radio’s manufacturer for reliable 

operations; (ii) require Enhanced 

Specialized Mobile Radio (ESMR) and 

cellular telephone licensees, on request, 

to notify public safety and CII licensees 

prior to activating new or modified 

cells; (iii) define relative responsibilities 

of ESMR and cellular telephone 

licensees for abatement of unacceptable 

interference both pre- and post-band 

reconfiguration; (iv) reconfigure the 800 

MHz band by: 

• Moving the public safety NPSPAC 

channels from 821–824 MHz/866–869 

MHz to 806–809 MHz/851–854 MHz. 

• Relocate all systems now operating 

in the current General Category band 

segment at 806–809.75 MHz/851–854.75 

MHz elsewhere in the band. 

• Certain existing non-cellular B/ILT 

systems and non-cellular SMR systems 

will continue to operate on interleaved 

channels between 809.75–816 MHz/

854.75–861 MHz. 

• Public safety systems will continue 

to operate on interleaved channels 

between 809–815 MHz/854–860 MHz. 

No public safety licensee will be 

required to operate in the 815–816 

MHz/860–861 MHz segment that we 

have designated the ‘‘Expansion Band’’

or in the 816–817 MHz/861–862 MHz 

segment that we have designated the 

‘‘Guard Band.’’ Every public safety 

system will be relocated from the 

Expansion Band unless a public safety 

licensee exercises its option to remain 

there.

• Relocate Nextel and other ESMR 

licensees to the 817–824 MHz/862–869 

MHz band. Nextel will vacate all 

channels it now uses in the 806–817 

MHz/851–862 MHz band segment. 

• Public safety and later, CII licensees 

will have exclusive access to all 

channels in the 809–809.75 MHz/854–

854.75 MHz band segment as well as the 

channels vacated by Nextel in the 

interleaved portion of the band below 

815 MHz/860 MHz for a limited period 

of time. 

• Unless the subject of mutual 

agreement among affected, parties, other 

CMRS ESMR Operations in the 800 

MHz may stay where they are, subject 

to a stringent non-interference 

obligation, but will have the following 

relocation options: (1) relocate to noncellular portion of the 800 MHz band at 

Nextel’s expense, as close to ESMR band 

as possible in 814 MHz–816 MHz 

Expansion band; or (2) relocate at 

Nextel’s expense in ESMR spectrum 

which they would share with Nextel on 

a pro-rata basis. 

• In some markets where both 

Southern LINC and Nextel offer ESMR 

service insufficient spectrum exists in 

the 816–824 MHz/861–869 band 

segment to accommodate both the 

incumbent ESMR licensees already 

operating there and new ESMR entrants 

migrating from the lower channels. In 

order not to unduly restrict the 

operations of incumbent ESMR 

licensees we define the ESMR band in 

those markets as the band segment 

813.5–824 MHz/858.5–869 MHz. The 

Expansion Band in this area shall 

extend from 812.5–813.5 MHz/857.5–

858.5 MHz. All licensees operating in 

the band segment 806–813.5 MHz/851–

858.5 MHz shall be afforded the same 

protection against unacceptable 

interference as specified in the Report 

and Order; 

(v) Adopt financial and licensing 

safeguards directed to ensure 

completion of band reconfiguration 

regardless of Nextel’s financial 

condition and that Nextel does not reap 

a financial windfall from our actions; 

(vi) accept Nextel’s relinquishment of its 

current spectrum rights in the 700 MHz 

Guard Band in forty markets and 

contemplate a Further Notice of 

Proposed Rulemaking to determine 

future use of this spectrum; (vii) in 

exchange for the spectrum Nextel is 

surrendering coupled with the uncertain 

costs it must incur to accomplish 800 

MHz band reconfiguration, clear the 1.9 

GHz band of Broadcast Auxiliary 

Service (BAS) incumbents and 

reimburse UTAM Inc., (UTAM) for a 

portion of the costs it has incurred in 

clearing the 1910–1920 MHz and the 

1920–1930 MHz band segments, the 

Commission will modify certain Nextel 

licenses to provide Nextel with a 

nationwide authority to operate in ten 

megahertz of spectrum in the 1.9 GHz 

band; (viii) establish a mechanism by 

which an independent Transition 

Administrator oversees the completion 

of band reconfiguration and records 

certain costs incurred by Nextel in 

connection therewith; (ix) consolidate 

the B/ILT Pools in the 800 MHz and 900 

MHz bands; (x) allow 900 MHz Private 

Land Mobile Radio (PLMR) licensees to 

initiate CMRS operations on their 

currently authorized spectrum or to 

assign their authorizations to others for 

CMRS use. 

3. In the Fifth Report and Order (Fifth 

R&O), Fourth Memorandum Opinion 

and Order (Fourth MO&O), and Order 

the Commission adopts changes to parts 

15, 24, 74 and 78 of the Commission’s 

rules that were either proposed in or 

suggested in response to the NPRM in 

WT Docket 02–55 or proposed in or 

suggested in the Third Notice of 

Proposed Rule Making (Third NPRM) in 

ET Docket No. 00–258. The Third 

NPRM, released on February 10, 2003, 

68 FR 12015–03 (March 13, 2003), 

sought comments on the reallocation of 

spectrum in the 1910–1920 MHz band 

that can be paired with spectrum in the 

1990–2000 MHz band to support fixed 

and mobile services, including 

Advanced Wireless Services. In the 

Fifth R&O, the Fourth MO&O, and Order 

we: (i) Designate two paired five 

megahertz blocks in the 1910–1915 MHz 

and 1990–1995 MHz bands for licensed 

Fixed and Mobile services; (ii) make the 

five megahertz block at 1910–1915 MHz 

available by re-designating the band 

from Unlicensed Personal 

Communications Services (UPCS) use to 

licensed Fixed and Mobile services; 

adopting a reimbursement plan to 

compensate UTAM, Inc., for relocation 

expenses it has incurred in relocating 

incumbents from the band; and 

addressing several pending petitions for 

rulemakings and petitions for waivers 

relating to new use of the 1910–1915 

MHz band; (iii) address how Nextel will 

participate in the existing relocation and 

reimbursement plan for incumbent BAS 

licensees in the 1990–2025 MHz band—

which has already been reallocated for 

Fixed and Mobile services—given our 

decision to provide Nextel access to the 

1990–1995 MHz band; (iv) address 

Nextel’s obligations to relocate 

incumbent BAS licensees in the 1990–

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67825

1See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–

612, has been amended by the Small Business 

Regulatory Enforcement Fairness Act of 1996 

(SBREFA), Public Law 104–121, Title II, 110 Stat. 

857 (1996).

2See Improving Public Safety Commission in the 

800 MHz Band; Consolidating the 900 MHz 

Industrial/Land Transportation and Business Pool 

Channels, WT Docket No. 02–55, Notice of 

Proposed Rulemaking, 17 FCC Rcd 4873, 4927 

(2002) (NPRM).

3See id. at 4920 ¶93.

4Business Autophones, Inc., Comments on IRFA 

(May 6, 2002) Skitronics, LLC, Comments on IRFA 

(May 6, 2002); Small Business in 

Telecommunications, Comments on IRFA (May 6, 

2002).

5See 5 U.S.C. 04.

6Business Autophones, Inc., Comments on IRFA 

(May 6, 2002) Skitronics, LLC, Comments on IRFA 

(May 6, 2002); Small Business in 

Telecommunications, Comments on IRFA (May 6, 

2002).

2025 MHz band, as well as address 

several petitions for reconsideration and 

clarification regarding the existing BAS 

relocation plan, given our decision to 

provide Nextel access to the 1990–1995 

MHz band (which has already been 

reallocated for Fixed and Mobile 

Services). 

I. Procedural Matters 

A. Paperwork Reduction Act 

4. This Report and Order contains 

new information collection 

requirements. The Commission, as part 

of its continuing effort to reduce 

paperwork burdens, invites the general 

public to comment on the information 

collection requirements contained in 

this R&O as required by the Paperwork 

Reduction Act of 1995, Public Law 104–

13. Public and agency comments are 

due January 21, 2005. In addition, the 

Commission notes that pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4), we previously sought 

specific comment on how the 

Commission might ‘‘further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees.’’

B. Final Regulatory Flexibility 

Certification 

5. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA),1 an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

NPRM.2 The Commission sought 

written public comment on the 

proposals in the NPRM, including 

comment on the IRFA.3 Three 

commenting parties specifically 

addressed the IRFA.4 We discuss those 

comments below. This present Final 

Regulatory Flexibility Analysis (FRFA) 

conforms to the RFA.5

Need for, and Objectives of the Order 

6. In the Report and Order, we have 

concluded that reconfiguration of the 

800 MHz band is essential, over the long 

term, to assure that critical public safety 

communications may be accommodated 

without unacceptable interference, as 

that term is defined in the Report and 

Order. Because increasing instances of 

interference to 800 MHz public safety 

communications systems made it 

imperative that we act to stem such 

interference without delay, we adopted 

rules that hold the involved ESMR and 

cellular telephone licensees strictly 

responsible for abating interference by 

application of a variety of technical 

remedies which have been subsumed in 

this proceeding under the rubric of 

Enhanced Best Practices. Specifically, 

the Commission took the following 

actions: (i) Adopted a new 800 MHz 

band plan that, after a transition period, 

will separate high-density ESMR 

systems in the band, principally those 

operated by Nextel, from public safety 

and other non-cellular 800 MHz 

operations; (ii) require Nextel to 

relinquish all of its 800 MHz spectrum 

holdings below 817 MHz/862 MHz 

resulting in an additional average of 4.5 

megahertz of 800 MHz band spectrum 

becoming available to the public safety 

and critical infrastructure community; 

(iii) established a transition mechanism 

for band reconfiguration with minimal 

disruption to the operations of all 

affected 800 MHz incumbents during 

the transition period; (iv) required 

Nextel to pay all band reconfiguration 

costs of public safety and other 800 

MHz incumbents that result from 

transition to the new band plan; (v) 

defined unacceptable interference as a 

function of threshold received power 

levels of desired signals; (vi) placed 

strict responsibility for abatement of 

unacceptable interference on the 

licensees whose systems are the source 

of such interference; (vii) required prior 

notification, upon request, of the 

activation or modification of ESMR and 

cellular telephone cells; (viii) 

established firm rules—including 

response times of twenty-four hours and 

abatement initiation time of fortyeight—for procedures to be used to 

identify, report and remedy instances of 

unacceptable interference; (ix) modified 

certain Nextel licenses to accommodate 

a nationwide allocation in the 1910–

1915 MHz/1990–1995 MHz paired 

spectrum block, in exchange for Nextel’s 

surrendering spectrum, and bearing the 

financial burden and risk of 

reconfiguring the 800 MHz band; (x) 

consolidated the Business and 

Industrial/Land Transportation Pools in 

the 800 MHz and 900 MHz bands, and; 

(xi) allowed 900 MHz Private Land 

Mobile Radio (PLMR) licensees to 

initiate CMRS operations on their 

currently authorized spectrum or to 

assign their authorizations to others for 

CMRS use. 

7. The Commission has taken these 

actions to immediately stem increasing 

instances of interference to 800 MHz 

public safety communications systems. 

The Commission has long recognized 

that the nation’s public safety 

community requires effective radio 

communications systems free of 

unacceptable interference if public 

safety agencies are to adequately protect 

the safety of lives and property. The 

actions taken by the Commission in the 

Report and Order create a suitable 

spectrum environment for public safety 

and Critical Infrastructure Industries 

communications systems operating in 

the 800 MHz band. 

8. In the Fourth Memorandum 

Opinion and Order, we both grant and 

deny petitions for reconsideration and 

clarification of the Third Report and 

Order and Third Memorandum Opinion 

and Order. We grant petitions to the 

extent described herein and clarify 

several points relating to BAS 

operations by licensees operating on 

different channel plans during the 

transition to the new BAS channel plan 

at 2025–2110 MHz. We otherwise deny 

the petitions relating to BAS relocation 

issues in the 1990–2025 MHz band. We 

also no longer require BAS licensees in 

TV markets 31–210 to cease operation 

on channels 1 and 2 (1990–2008 MHz 

and 2008–2025 MHz, respectively) until 

they have been relocated to their final 

channel plan in the 2025–2110 MHz 

band, but otherwise retain our 

previously adopted relocation rules for 

MSS licensees. The changes we adopt 

are necessary to allow Nextel, as a new 

entrant in the 1990–2025 MHz band, to 

participate in the relocation process we 

had previously established for BAS 

incumbents.

Summary of Significant Issues Raised by 

Public Comments in Response to the 

IRFA 

9. Three parties submitted comments 

specifically in response to the IRFA: 

Business Autophones, Inc. (Business 

Autophones), Small Business in 

Telecommunications (SBT), and 

Skitronics, LLC (Skitronics).6 Business 

Autophones opines that the Nextel Plan, 

which contemplated relocating B/ILT 

licensees from the 800 MHz band to the 

700 MHz and 900 MHz at their own 

expense, would be financially 

devastating to small business B/ILT 

licensees and urges the Commission to 

67826 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

7See Business Autophones Comments on IRFA at 

2–3.

8Skitronics Comments on IRFA at 6–10.

9 Id. at 10–11.

10 Id. at 11–13.

11 Id. at 4, 16.

12SBT Comments at 3–4 (citing 5 U.S.C. 603(a)).

13 Id. at 4. According to SBT, the Commission’s 

tentative conclusion that spectrum reallocation 

serves the public interest because it would resolve 

harmful interference to 800 MHz public safety 

licensees ‘‘falls far short’’ of satisfying the 

requirements of 5 U.S.C. 603(b)(1). See id.

14 Id. at 5–10.

15 Id. at 10–11. For the same reason, SBT concurs 

with the IRFA’s conclusion that the NPRM does not 

propose any rule that duplicates, overlaps, or 

conflicts with other federal rules. See id. at 12.

16 Id. at 11, 12. In addition, SBT recommends that 

the Commission amend the IRFA to comply with 

5 U.S.C. 603(c)(3) by discussing alternatives to rules 

proposed by the Commission. See id. at 11. Once 

again, SBT reiterates that the Commission has not 

proposed any rules and therefore could not have 

discussed alternatives to such rules. Id. To the 

extent that the IRFA discusses alternative proposals 

for rule changes that were submitted to the 

Commission, SBT contends that such ‘‘alternatives’’

do not qualify as alternatives proposed by the 

Commission Id.

17 Id. at 12–13. SBT believes that the Commission 

should use a NOI ‘‘whenever it lacks information 

about the industry to be regulated or the exact 

nature of the problem to be addressed.’’ Id. at 13.

18See NPRM at 4927.

19 Id.

20 5 U.S.C. 601(4).

either abate interference on a case-bycase basis or adopt the plan proposed by 

NAM/MRFAC which reconfigured the 

band but did not relocate B/ILT 

licensees.7 For the reasons described 

infra we have adopted a band plan that 

does not relocate B/ILT licensees to the 

700 MHz and 900 MHz band and 

requires Nextel to finance any necessary 

relocation of B/ILT licensees.

10. Skitronics posits on the impact of 

four separate alternatives set forth in the 

NPRM on small businesses: (i) 

Skitronics echoes Business Autophones 

concerns about the effect of the proposal 

to relocate B/ILT licensees from the 800 

MHz band to the 700 MHz and 900 MHz 

at their own expense.8 As we discuss at 

¶ 30 infra, we did not choose this 

alternative. (ii) Skitronics argues that 

Nextel’s alternative proposal, one that 

would allow incumbent 800 MHz 

operators to remain in the band on a 

secondary status, would deleteriously 

affect small business SMR operators by 

impacting these business’ growth 

prospects as well as their ability to 

guarantee continuous service to their 

customers.9 We note that although 

Nextel offered this alternative in its 

original White Paper proposal, Nextel 

removed it as part of the plan it 

submitted as a member of the Consensus 

Parties. Therefore, we ceased to 

consider this alternative at that time and 

we have not chosen to enact that 

alternative as a rule. (iii) Skitronics 

argues that the Commission’s 

consideration of moving 800 MHz 

incumbents to the 2.1 GHz imposes 

significant costs on small business SMR 

licensees since the propagation qualities 

of the 2.1 GHz spectrum make it 

unsuitable for SMR use and there is a 

lack of available equipment suitable for 

SMR operations in this band.10 As in the 

case of the alternative of allowing SMR 

licensees to remain in the 800 MHz 

band on a secondary basis, this 

alternative was superseded by the 

alternative set forth by the Consensus 

Parties in the Consensus Plan and we 

have not chosen to move 800 MHz 

incumbents to the 2.1 GHz band. (iv) 

Skitronics contends that the alternative 

mentioned in the NPRM that has the 

least impact on small business is 

enforcement of existing rules against 

those licensees responsible for causing 

interference to public safety on a caseby-case basis.11 For the reasons 

discussed at ¶ 32 infra, we declined to 

adopt this alternative.

11. Unlike the two other comments 

received in response to the IRFA, SBT 

focuses its comments on the adequacy 

of the IRFA in terms of its compliance 

with the RFA. Specifically, SBT makes 

the following arguments: (i) The IRFA 

does not describe the significant or 

potential economic impact of the NPRM 

on small entities as required by the 

RFA; 12 (ii) the IRFA omits any 

description of the problem to be 

rectified by the regulation to be 

promulgated or an objective for any 

proposed rule as required by the RFA; 13

(iii) the Commission either relied on 

outdated statistical sources in 

calculating the number of affected small 

licensees or failed to cite to the source(s) 

entirely; 14 (iv) SBT agrees with the 

IRFA’s conclusion that the NPRM does 

not propose a rule that will entail 

additional reporting, record-keeping, 

and other compliance requirements 

because the NPRM does not, in fact, 

propose any rules.15 However, in 

Section D infra we add new reporting 

and other requirements; (v) SBT urges 

the Commission to amend the NPRM’s 

IRFA in any subsequent IRFA or FRFA 

if a substantive rule emerges from this 

proceeding; 16 (vi) SBT contends that the 

Commission should convert the NPRM 

to a Notice of Inquiry (NOI) and issue 

a second NPRM to propose specific 

rules; 17 (vii) with regard to SBT’s 

comments, as an initial matter we 

believe that we do not need to issue a 

NOI in this proceeding because the 

IRFA’s description of the problem of 

interference to public safety systems in 

the 800 MHz band is a sufficient 

description of the problem to be 

rectified in this proceeding.18 Moreover, 

we believe our description of the two 

plans under consideration in the NPRM 

adequately described the rules under 

consideration.19 We also note that the 

Consensus Parties filed a plan 

superseding one of the plans discussed 

in the NPRM on September 23, 2002 

and the major revision of that new plan 

on December 24, 2002. Both of these 

plans, as well as the comments received 

in response to these plans, proposed 

substantive rules. Moreover, in the 

interest of ensuring a complete record, 

the Commission opened two additional 

notice and comment rounds to obtain 

public comment on these two plans. 

Our position, therefore, is that the 

Commission clearly stated its proposals 

either in the NPRM and IRFA or fully 

clarified them in the two subsequent 

notice and comment rounds that 

permitted full comment on 

subsequently proposed plans. Indeed, 

the Commission received the bulk of all 

comments in this proceeding 

subsequent to the comment period 

initiated in the NPRM. Finally, we note 

that in Section C, infra, we are using 

updated statistical sources to assess the 

impact of the rules we adopt today on 

small businesses.

Description and Estimate of the Number 

of Small Entities to Which the Rules 

Will Apply 

12. 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. The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’

under the Small Business Act. A ‘‘small 

business concern’’ is one that is: (i) Is 

independently owned and operated; (ii) 

is not dominant in its field of operation; 

and (iii) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). Below, we 

further describe and estimate the 

number of small entity licensees and 

regulatees that may be affected by the 

rule changes adopted herein. 

13. A ‘‘small organization’’ is 

generally any not-for-profit enterprise 

which is independently owned and 

operated and is not dominant in its 

field.20 Nationwide, there are 

approximately 1.6 million small 

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67827

21 Independent Sector, The New Nonprofit 

Almanac & Desk Reference (2002).

22See SBA, Programs and Services, SBA 

Pamphlet No. CO–0028, at page 40 (July 2002).

23 5 U.S.C. 601(5).

24U.S. Census Bureau, Statistical Abstract of the 

United States: 2000, Section 9, pages 299–300, 

Tables 490 and 492.

25 13 CFR 121.201, NAICS code 513322 (changed 

to 517212 in October 2002).

26U.S. Census Bureau, 1997 Economic Census, 

Subject Series: ‘‘Information,’’ Table 5, Employment 

Size of Firms Subject to Federal Income Tax: 1997, 

NAICS code 513322 (issued October 2000).

27U.S. Census Bureau, 1997 Economic Census, 

Subject Series: ‘‘Information,’’ Table 5, Employment 

Size of Firms Subject to Federal Income Tax: 1997, 

NAICS code 513322 (issued October 2000). The 

census data do not provide a more precise estimate 

of the number of firms that have employment of 

1,500 or fewer employees; the largest category 

provided is ‘‘Firms with 1000 employees or more.’’

28See subparts A and B of part 90 of the 

Commission’s Rules, 47 CFR 90.1–90.22. Police 

licensees include 26,608 licensees that serve state, 

county, and municipal enforcement through 

telephony (voice), telegraphy (code), and teletype 

and facsimile (printed material). Fire licensees 

include 22,677 licensees comprised of private 

volunteer or professional fire companies, as well as 

units under governmental control. Public Safety 

Radio Pool licensees also include 40,512 licensees 

that are state, county, or municipal entities that use 

radio for official purposes. There are also 7,325 

forestry service licensees comprised of licensees 

from state departments of conservation and private 

forest organizations that set up communications 

networks among fire lookout towers and ground 

crews. The 9,480 state and local governments are 

highway maintenance licensees that provide 

emergency and routine communications to aid 

other public safety services to keep main roads safe 

for vehicular traffic. Emergency medical licensees 

(1,460) use these channels for emergency medical 

service communications related to the delivery of 

emergency medical treatment. Another 19,478 

licensees include medical services, rescue 

organizations, veterinarians, persons with 

disabilities, disaster relief organizations, school 

buses, beach patrols, establishments in isolated 

areas, communications standby facilities, and 

emergency repair of public communications 

facilities.

29See 13 CFR 121.201 (NAICS Code 517212).

30There is no information currently available 

about the number within the 127,540 that have less 

than 1500 employees.

31This number is based on the Commission’s 

licensing database.

32 47 CFR 90.814(b)(1).

33See Letter, dated Aug. 10, 1999, from A. 

Alvarez, Administrator, Small Business 

Administration to Tom Sugrue, Chief, Wireless 

Telecommunications Bureau, Federal 

Communications Commission.

34 13 CFR 121.201, NAICS code 334220.

35The number of ‘‘establishments’’ is a less 

helpful indicator of small business prevalence in 

this context than would be the number of ‘‘firms’’

or ‘‘companies,’’ because the latter take into account 

the concept of common ownership or control. Any 

single physical location for an entity is an 

establishment, even though that location may be 

owned by a different establishment. Thus, the 

number given may reflect inflated numbers of 

businesses in this category, including the numbers 

of small businesses. In this category, the Census 

break-out data for firms or companies only gives the 

total number of such entities for 1997, which was 

1,089.

36U.S. Census Bureau, 1997 Economic Census,

Industry Series: Manufacturing, ‘‘Industry Statistics 

by Employment Size,’’ Table 4, (issued August 

Continued

organizations.21 We note that, according 

to SBA data, there are approximately 

22.4 million small businesses 

nationwide.22 We describe and estimate, 

below, the number of small 

entities’applicants, licensees, and radio 

equipment manufacturers’that may be 

affected by this Report and Order.

14. Governmental Entities. The term 

‘‘small governmental jurisdiction’’ is 

defined as ‘‘governments of cities, 

towns, townships, villages, school 

districts, or special districts, with a 

population of less than fifty 

thousand.’’ 23 As of 1997, there were 

approximately 87,453 governmental 

jurisdictions in the United States.24 This 

number includes 39,044 county 

governments, municipalities, and 

townships, of which 37,546 

(approximately 96.2%) have 

populations of fewer than 50,000, and of 

which 1,498 have populations of 50,000 

or more. Thus, we estimate the number 

of small governmental jurisdictions 

overall to be 84,098 or fewer.

15. Wireless Telecommunications.

The SBA has developed a small 

business size standard for wireless firms 

within the broad economic census 

category ‘‘Cellular and Other Wireless 

Telecommunications.’’ 25 Under this 

SBA category, a wireless business is 

small if it has 1,500 or fewer employees. 

For the census category Cellular and 

Other Wireless Telecommunications 

firms, Census Bureau data for 1997 

show that there were 977 firms in this 

category, total, that operated for the 

entire year.26 Of this total, 965 firms had 

employment of 999 or fewer employees, 

and an additional 12 firms had 

employment of 1,000 employees or 

more.27 Thus, under this category and 

size standard, the majority of firms can 

be considered small.

16. Public Safety Radio Licensees. As 

a general matter, Public Safety Radio 

Pool licensees include police, fire, local 

government, forestry conservation, 

highway maintenance, and emergency 

medical services.28 The SBA rules 

contain a definition for cellular and 

other wireless telecommunications 

companies which encompasses business 

entities engaged in radiotelephone 

communications employing no more 

that 1,500 persons.29 There are a total of 

approximately 127,540 licensees within 

these services.30 With respect to local 

governments, in particular, since many 

governmental entities as well as private 

businesses comprise the licensees for 

these services, we include under public 

safety services the number of 

government entities affected.

17. Business, Industrial and Land 

Transportation Licensees. At present, 

there are 3239 Business and Industrial/

Land Transportation (I/LT) licensees 

that may be affected by this Report and 

Order.31 The Commission does not 

require B/ILT licensees to disclose 

information about number of 

employees, so the Commission does not 

have information that could be used to 

determine how many B/ILT licensees 

constitute small entities under this 

definition. Moreover, we note that B/ILT 

licensees generally are not in the 

business of providing cellular or other 

wireless telecommunications services 

but instead use the licensed facilities in 

support of other business activities.

18. Specialized Mobile Radio 

Licenses. The Commission awards 

‘‘small entity’’ and ‘‘very small entity’’

bidding credits in auctions for 

Specialized Mobile Radio (SMR) 

geographic area licenses in the 800 MHz 

and 900 MHz bands to firms that had 

revenues of no more than $15 million in 

each of the three previous calendar 

years, or that had revenues of no more 

than $3 million in each of the previous 

calendar years, respectively.32 In the 

context of both the 800 MHz and 900 

MHz service, the SBA has approved the 

definitions of ‘‘small entity’’ and ‘‘very 

small entity.’’ 33 These bidding credits 

apply to SMR providers in the 800 MHz 

and 900 MHz bands that either hold 

geographic area licenses or have 

obtained extended implementation 

authorizations. The Commission does 

not know how many firms provide 800 

MHz or 900 MHz geographic area SMR 

service pursuant to extended 

implementation authorizations, nor how 

many of these providers have annual 

revenues of no more than $15 million. 

One firm has over $15 million in 

revenues. The Commission assumes, for 

purposes here, that all of the remaining 

existing extended implementation 

authorizations are held by small 

entities, as that term is defined by the 

SBA. The Commission has held 

auctions for geographic area licenses in 

the 800 MHz SMR band. In the 800 MHz 

auction, 38 of the 524 licenses won were 

won by small and very small entities.

19. Wireless Communications 

Equipment Manufacturers. The SBA has 

established a small business size 

standard for radio and television 

broadcasting and wireless 

communications equipment 

manufacturing. Under the standard, 

firms are considered small if they have 

1000 or fewer employees.34 Census 

Bureau data for 1997 indicates that, for 

that year, there were a total of 1,215 

establishments 35 in this category.36 Of 

67828 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

1999) NAICS code 334220. We note, however that 

the predominant manufacturers of 800 MHz 

equipment, Motorola and M/A COM Private Radio 

Systems, Inc. are not considered small businesses.

37We note, however that the predominant 

manufacturers of 800 MHz equipment, Motorola 

and M/A COM Private Radio Systems, Inc. are not 

considered small businesses.

38 13 CFR 121.201, NAICS code 515120.

39 Id. NAICS code 515112.

40 ‘‘Concerns are affiliates of each other when one 

concern controls or has the power to control the 

other or a third party or parties controls or has to 

power to control both.’’ 13 CFR 121.103(a)(1).

41 ‘‘SBA counts the receipts or employees of the 

concern whose size is at issue and those of all its 

domestic concern’s size.’’ 13 CFR 121.103(a)(4).

42FCC News Release, ‘‘Broadcast Station Totals as 

of September 30, 2002’’ (Nov. 6, 2002). 43 ‘‘Concerns are affiliates of each other when one 

concern controls or has the power to control the 

other, or a third party or parties controls or has the 

power to control both.’’ 13 CFR 121.103(a)(1). 44 ‘‘SBA counts the receipts or employees of the 

concern whose size is at issue and those of all its 

domestic and foreign affiliates, regardless of 

whether the affiliates are organized for profit, in 

determining the concern’s size.’’ 13 CFR 

121.103(a)(4). 45 13 CFR 121.201, NAICS code 517510 (changed 

from 513220 in October 2002). 46 Id. 47 13 CFR 121.201, NAICS code 517410 (changed 

from 513340 in October 2002).

48U.S. Census Bureau, 1997 Economic Census, 

Subject Series: Information, ‘‘Receipt Size of Firms 

Subject to Federal Income Tax: 1997,’’ Table 4, 

NAICS code 513340 (issued October 2000).

49 Id.

50 47 CFR part 101 et seq. (formerly, part 21 of 

the Commission’s Rules).

51Persons eligible under parts 80 and 90 of the 

Commission’s rules can use Private-Operational 

Fixed Microwave services. See 47 CFR parts 80 and 

90. Stations in this service are called operationalfixed to distinguish them from common carrier and 

public fixed stations. Only the licensee may use the 

operational-fixed station, and only for 

communications related to the licensee’s 

commercial, industrial, or safety operations.

52Auxiliary Microwave Service is governed by 

part 74 of Title 47 of the Commission’s Rules. See

47 CFR part 74 et seq. Available to licensees of 

broadcast stations and to broadcast and cable 

network entities, broadcast auxiliary microwave 

stations are used for relaying broadcast television 

signals from the studio to the transmitter, or 

between two points such as a main studio and an 

auxiliary studio. The service also includes mobile 

TV pickups, which relay signals from a remote 

location back to the studio.

53 13 CFR 121.201, NAICS code 517212 (formerly 

213322).

54U.S. Census Bureau, 1997 Economic Census, 

Subject Series: Information, ‘‘Employment Size of 

Firms Subject to Federal Income Tax: 1997,’’ Table 

5, NAICS code 217212 (issues Oct. 2000).

55 Id. The census data do not provide a more 

precise estimate of the number of firms that have 

employment of 1,500 or fewer employees; the 

largest category provided is ‘‘Firms with 1,000 

employees or more.’’

those, there were 1,150 that had 

employment under 500, and an 

additional 37 that had employment of 

500 to 999. The Commission estimates 

that the majority of wireless 

communications equipment 

manufacturers are small businesses.37

20. Broadcast Auxiliary Service 

(BAS). BAS involves a variety of 

transmitters, generally used to relay 

broadcast programming to the public 

(through translator and booster stations) 

or within the program distribution chain 

(from a remote news gathering unit back 

to the stations). The Commission has 

not developed a definition of small 

entities specific to broadcast auxiliary 

licensees. The U.S. Small Business 

Administration (SBA) has developed 

small business size standards, as 

follows: (1) For TV BAS, we will use the 

size standard for Television 

Broadcasting, which consists of all such 

companies having annual receipts of no 

more than $12.0 million; 38 (2) for Aural 

BAS, we will use the size standard for 

Radio Stations, which consists of all 

such companies having annual receipts 

of no more than $6 million; 39 (3) for 

Remote Pickup BAS we will use the 

small business size standard for 

Television Broadcasting when used by a 

TV station and that for Radio Stations 

when used by such a station.

21. According to Commission staff 

review of BIA Publications, Inc. Master 

Access Television Analyzer Database as 

of May 16, 2003, about 814 of the 1,220 

commercial television stations in the 

United States had revenues of $12 

million or less. We note, however, that, 

in assessing whether a business concern 

qualifies as small under the above 

definition, business (control) 

affiliations 40 must be included.41 Our 

estimate, therefore, likely overstates the 

number of small entities that might be 

affected by our action, because the 

revenue figure on which it is based does 

not include or aggregate revenues from 

affiliated companies. There are also 

2,127 low power television stations 

(LPTV).42 Given the nature of this 

service, we will presume that all LPTV 

licensees qualify as small entities under 

the SBA size standard. According to 

Commission staff review of BIA 

Publications, Inc., Master Access Radio 

Analyzer Database, as of May 16, 2003, 

about 10,427 of the 10,945 commercial 

radio stations in the United States had 

revenue of $6 million or less. We note, 

however, that many radio stations are 

affiliated with much larger corporations 

with much higher revenue, and, that in 

assessing whether a business concern 

qualifies as small under the above 

definition, such business (control) 

affiliations 43 are included.44 Our 

estimate, therefore, likely overstates the 

number of small businesses that might 

be affected by our action.

22. Cable Antenna Relay Service 

(CARS). CARS includes transmitters 

generally used to relay cable 

programming within cable television 

system distribution systems. The SBA 

has developed a small business size 

standard for Cable and other Program 

Distribution, which consists of all such 

companies having annual receipts of no 

more than $12.5 million. According to 

Census Bureau data for 1997, there were 

1,311 firms within the industry category 

Cable and Other Program Distribution, 

total, that operated for the entire year.45

Of this total, 1,180 firms had annual 

receipts of under $10 million, and an 

additional 52 firms had receipts of $10 

million to $24,999,999.00.46 Thus, 

under this standard, the majority of 

firms can be considered small.

23. Geostationary, Non-Geostationary 

Orbit, Fixed Satellite, or Mobile Satellite 

Service Operators (including 2 GHz MSS 

systems). The Commission has not 

developed a definition of small entities 

applicable to geostationary or nongeostationary orbit, fixed-satellite or 

mobile-satellite service operators. The 

SBA has developed a small business 

size standard for Satellite 

Telecommunications Carriers, which 

consists of all such companies having 

$12.5 million or less in annual 

receipts.47 According to Census Bureau 

data for 1997, there were 324 firms that 

operated for the entire year.48 Of this 

total, 273 firms had annual receipts 

under $10 million, and an additional 

twenty-four firms had annual receipts of 

$10 million to $24,999,990.49 Thus, 

under this size standard, the majority of 

firms can be considered small.

24. Fixed Microwave Services.

Microwave services include common 

carrier,50 private-operational fixed,51

and broadcast auxiliary radio services.52

At present, there are approximately 

36,708 common carrier fixed licensees 

and 59,291 private operational-fixed 

licensees and broadcast auxiliary radio 

licensees in the microwave services. 

The Commission has not yet defined a 

small business with respect to 

microwave services. For purposes of the 

FRFA, we will use the SBA’s definition 

applicable to wireless and other 

telecommunications companies—i.e., an 

entity with no more than 1,500 

persons.53 According to Census Bureau 

data for 1997, there were 977 firms in 

this category, total, that operated for the 

entire year.54 Of this total, 965 firms had 

employment of 999 or fewer employees, 

and an additional 12 firms had 

employment of 1,000 employees or 

more.55 Thus, under this size standard, 

majority of firms can be considered 

small.

25. We note that the number of firms 

does not necessarily track the number of 

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67829

56See 5 U.S.C. 603(c)(1) through (c)(4).

licensees. We estimate that all of the 

Fixed Microwave licensees (excluding 

broadcast auxiliary licensees) would 

qualify as small entities under the SBA 

definition. Of these licenses, 

approximately 14 are issued for 

frequencies in the Emerging Technology 

bands affected by this proceeding. This, 

assuming that these entities also qualify 

as small businesses, as many as 14 small 

business licensees could be affected by 

the rules we adopt. We note that these 

entities have been subject to relocation 

by UTAM under rules originally 

adopted in the Commission’s Emerging 

Technologies proceeding. UTAM is the 

Commission’s frequency coordinator for 

UPCS devices in the 1910–1930 MHz 

band. The Fifth Report and Order

anticipates that these general relocation 

rules will continue to apply to FS 

microwave licensees and does not 

propose to modify the class of licensees 

that are subject to these relocation 

provisions. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

26. We expect that, at most, the rules 

adopted herein will result in nominal 

new reporting, recordkeeping, or other 

compliance requirements imposed on 

entities affected in this proceeding. The 

rules we adopt herein require that any 

Cellular Radiotelephone and/or ESMR 

licensee that receives an interference 

complaint from a public safety/CII 

licensee shall promptly respond to such 

complaint. Cellular Radiotelephone 

licensees, in conjunction ESMR 

licensees, shall establish an electronic 

means of receiving the initial complaint 

and shall respond on an ‘‘as soon as 

possible’’ basis and no later than 24 

hours after receipt of initial notification. 

The purpose of this notification rule is 

to provide public safety/CII licensees a 

means to communicate to Cellular Radio 

Telephone and/or ESMR licensees 

instances of interference and for 

Cellular Radiotelephone and/or ESMR 

licensees to immediately initiate 

corrective action.

27. Additionally, the rules we adopt 

today provide that, upon request by a 

public safety/CII licensee, Cellular 

Radiotelephone and/or ESMR licensees 

must provide to the public safety/CII 

licensee the following information 

before any new cell sites are constructed 

or any existing cells are modified: (i) 

Location; (ii) effective radiated power; 

(iii) antenna height; and (iv) channels in 

use. The purpose of this rule is for 

informational purposes only and does 

not entitle the public safety/CII licensee 

to approve or disapprove the activation 

of a proposed cell site or to demand 

changes to the proposed technical 

parameters. The principal purpose of 

this rule is to facilitate a dialogue 

between Cellular Radiotelephone 

licensees and public safety/CII licensees 

regarding potential interference, 

identification of interference, and 

voluntary corrective measures. 

Steps Taken To Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

28. 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): (i) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (ii) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (iii) the 

use of performance, rather than design 

standards; and (iv) an exemption from 

coverage of the rule, or any part thereof, 

for small entities.56

29. Our decision to reconfigure the 

800 MHz band is generally size-neutral, 

but some aspects are beneficial to small 

entities for the following reasons: (i) 

Although there are significant shortterm costs associated with band 

reconfiguration, it is the solution most 

likely to yield maximum interference 

protection benefits for the least cost over 

the long run. This cost savings are 

significant for small entities with 

limited resources; (ii) once 

implemented, a reconfigured band will 

reduce both the upfront amount of 

coordinated engineering work necessary 

to prevent interference and the burden 

of troubleshooting interference 

incidents on a case-by-case basis. This 

will allow small entities to utilize their 

scarce engineering resources more 

effectively. 

30. We also considered proposals to 

reallocate (1) Nextel’s 700 MHz Guard 

Band Block B spectrum, and the Upper 

700 MHz band to public safety use; and 

(2) provide private radio licensees 2:1 

access to 900 MHz spectrum. Our 

decision to decline to adopt these 

proposals was generally size-neutral but 

has the following impact on small 

entities: (i) Since the Upper 700 MHz 

band is designated for auction, our 

decision not to utilize this band will 

allow small entities to bid on it in the 

future. (ii) Because we contemplate a 

future rulemaking proceeding to 

determine the ultimate disposition of 

Nextel’s 700 MHz Guard Band 

spectrum, we afford small businesses an 

opportunity to comment on the future 

use of this spectrum. 

31. We have considered the costs of 

realignment and the limited resources of 

small entities, including public safety, 

in effectuating band realignment. We 

believe that our decision will not have 

a significant economic impact on small 

entities in this regard because the cost 

of 800 MHz realignment will be borne 

by Nextel (i.e., Nextel will pay 

relocation costs). We reject the 

alternative of deferring final action on 

band reconfiguration, because deferral 

would increase the potential for 

increased interference to public safety 

systems because ESMR and Cellular 

telephone licensees would remain in 

close proximity to such systems while 

expanding their operations. 

32. Although we have not codified the 

Best Practices Guide, we endorse the 

interference abatement strategies 

therein. However, when we considered 

the sole use of Enhanced Best Practices 

as an alternative to reconfiguring the 

800 MHz band in its entirety, we found 

this alternative less effective and more 

costly over the long term than band 

reconfiguration, and therefore more 

likely to be harmful to smaller entities. 

Our finding in that regard rests on the 

following facts: (i) Addressing 

interference on a case-by-case basis is 

both labor-intensive and expensive, 

which puts smaller entities at risk due 

to their more limited resources; (ii) the 

transactional cost of applying Enhanced 

Best Practices as an exclusive remedy 

would increase as new public safety and 

other non-cellular systems came on line 

and ESMR and cellular telephone 

licensees increased the capacity of their 

systems by adding more cells; (iii) the 

increased cost and labor burden 

disproportionately affects public safety 

agencies, many of which are small 

entities operating with very limited 

human, technical and financial 

resources. 

33. We have determined not to require 

public safety licensees to increase their 

signal strength. Such a requirement 

would impose a substantial burden on 

public safety licensees, including small 

entities, which would often continue to 

suffer from interference until the causes 

could be identified and until 

appropriate channels and sites for the 

construction of new base station 

facilities could be obtained. 

34. Regarding our decision to permit 

negotiated agreements to swap or 

exchange channels as a means to resolve 

interference to public safety systems, we 

do not foresee any adverse impact on 

small entities. The channel swapping 

proposals to date have specified that 

67830 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

Nextel will bear the costs thereof. To the 

extent that small entities bear channel 

swap expenses not assumed by Nextel, 

we believe, for the reasons discussed at 

¶ 32 supra, the financial burden of these 

small-scale band reconfigurations 

should be less than the cost of reliance 

on Enhanced Best Practices for the long 

term abatement of unacceptable 

interference. 

35. Regarding our decision to hold 

Cellular Radio Telephone and ESMR 

licensees strictly responsible for 

effectively abating actual or potential 

unacceptable interference to 800 MHz 

public safety systems in the shortest 

practicable time, we do not anticipate a 

significant burden on small entities. We 

recognize that our rule does not exempt 

small entities from its ambit. However, 

in eliminating the interference we afford 

licensees the flexibility to determine 

which system—ESMR, Cellular 

Telephone or CII/public safety—to 

modify and what particular technical 

parameters to change on these systems; 

and impose on the interfering 

licensee(s), the obligation to promptly 

implement such changes. Moreover, we 

note that small entities were generally 

not among the interfering parties in 

those instances of interference that were 

brought to our attention by parties in 

this proceeding. We considered the 

alternative of imposing system-wide, 

stringent technical limitations on ESMR 

and Cellular Telephone licensees; 

however, we found selection of that 

alternative unwarranted at this time. 

Such rules would have imposed a 

burden on all licensees, including small 

entities, which were not among those 

causing interference to 800 MHz public 

safety systems. In particular, we have 

heeded the filings of rural cellular 

telephone carriers who opposed 

imposition of out-of-band emission 

standards that would require them to 

add expensive equipment to their cell 

sites. 

36. Regarding our adoption of rules 

establishing general standards and 

procedures to govern the abatement of 

interference to public safety systems, we 

recognize that they will apply equally to 

all licensees, including small entities, 

which cause interference to 800 MHz 

public safety systems. However, we do 

not anticipate any significant adverse 

impact on small entities. We adopted 

rules that were intentionally general in 

nature to confer considerable discretion 

on the parties involved in abating 

instances of interference to public safety 

systems. Moreover, as noted above, 

small entities were generally not among 

the interfering parties in those instances 

of interference that were brought to our 

attention by parties in this proceeding. 

To the extent that they can demonstrate 

that they are not contributing to the 

interference to the public safety 

systems, they will not be responsible for 

abating the interference. Therefore, the 

burden should be minimal for those 

small entities not contributing to the 

public safety interference problem in 

the 800 MHz band. The minimal burden 

imposed by these rules is necessary to 

ensure that critical public safety 

communications may be accommodated 

without unacceptable interference. 

37. In this respect, we are mindful 

that a number of the public safety 

systems that are experiencing 

interference are small entities. We 

believe that the rules will impose a 

minimal burden on small public safety 

entities. First, because we will only 

require them to furnish certain 

necessary information to all licensees 

that may be responsible for causing the 

interference. Second, because this 

provision will assure them of timely 

responses to and analyses of their 

interference complaints. Ultimately, the 

burden of supplying this information 

will be significantly less than that 

associated with identifying each source 

of unacceptable interference and 

contacting such sources individually.

38. Regarding our decision to require 

notification of the activation of new or 

modified ESMR or cellular 

radiotelephone cells, we do not perceive 

any adverse impact on small entities. 

Indeed, the prior notification 

requirement will enable small entities, 

such as public safety/CII licensees, to 

take proactive, anticipatory steps to 

address potential interference. Without 

this requirement, public safety/CII 

licensees would first have to experience 

interference before taking recourse. 

Similarly, the requirement that Cellular 

Radiotelephone and/or ESMR licensees 

promptly initiate corrective actions after 

having been notified of interference by 

public safety/CII licensees minimizes 

the burden on small entities of having 

to endure prolonged periods of 

interference. Moreover, as noted above, 

small entities were generally not among 

the interfering parties in those instances 

of interference that were brought to our 

attention by parties in this proceeding. 

39. Regarding our decision to 

consolidate the 800 MHz and 900 MHz 

Business and Industrial/Land 

Transportation Pools, we perceive no 

adverse impact on small entities. This 

decision will allow any eligible 

Business or Industrial/Land 

Transportation entity to be licensed on 

the consolidated channels. This 

consolidation will improve spectrum 

efficiency, promote the use of advanced 

technologies by affording licensees more 

contiguous spectrum, and reduce 

regulatory burdens on all licensees, 

including small entities. The alternative 

of retaining separate pools for each 

service would subject licensees to the 

unnecessary burden of seeking waivers 

to permit intercategory sharing, which 

may have been comparatively more 

onerous for smaller entities to prepare 

and file. 

40. Regarding our decision to allow 

900 MHz PLMR licensees to initiate 

CMRS operations on their currently 

authorized spectrum or to assign their 

authorizations to others for CMRS use, 

we perceive no adverse impact on small 

entities. This decision will improve 

spectrum efficiency, promote the use of 

advanced technologies by affording 

licensees access to addition spectrum. 

41. Regarding our decision to allocate 

the 1910–1915 MHz/1990–1995 MHz 

paired spectrum blocks to Nextel, we 

perceive no adverse impact on small 

entities. Redesignating this spectrum for 

Nextel’s use, for example, will facilitate 

800 MHz realignment, by, among other 

things, introducing an additional entity 

that can participate in funding the 

relocation costs of public safety, critical 

infrastructure, and private wireless 

entities, including small entities. 

Alternatively, maintaining this 

spectrum without applying our 

relocation principles will expose such 

entities to continued interference 

without sufficient spectrum and funding 

to achieve realignment. Further, we are 

satisfied that our decision will not 

adversely impact BAS, UPCS, MSS, and 

microwave interests on account of 

expenditures in this spectrum. As noted 

in the Report and Order, Nextel has 

agreed to reimburse these interests or 

pay the upfront costs to relocate 

incumbents in the manner provided by 

our Rules, and we will hold Nextel to 

that agreement. 

Report to Congress 

42. The Commission will send a copy 

of this Report and Order, Fifth R&O, 

Fourth MO&O, and Order in a report to 

be sent to Congress and the General 

Accounting Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). In addition, the Report and 

Order, Fifth R&O, Fourth MO&O, and 

Order and this final certification will be 

sent to the Chief Counsel for Advocacy 

of the Small Business Administration. 

Report to Small Business 

Administration 

43. The Commission’s Consumer 

Information Bureau, Reference 

Information Center, shall send a copy of 

this Report and Order, Fifth R&O, 

Fourth MO&O, and Order including the 

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67831

Regulatory Flexibility Certification and 

to the Chief Counsel for Advocacy of the 

Small Business Administration. 

44. Pursuant to the authority of 

Sections 1, 4(i), 303(f) and (r), 309, 316, 

and 332 of the Communications Act of 

1934, as amended, 47 U.S.C. 151, 154(i), 

303(f) and (r), 309, 316, and 332, parts 

2, 15, 22, 24, 74, 78, and 90 of the 

Commission’s rules, 47 CFR parts 2, 22, 

24, 74, 78, and 90, is amended as set 

forth in Rule Changes, January 21, 2005 

except for §§ 22.972, 22.973, 90.674, 

90.675, 90.676, and 90.677 which 

contain information collection 

requirements that have not been 

approved by the Office of Management 

and Budget. The Commission will 

publish a document in the Federal 

Register announcing the effective date 

for these sections.

List of Subjects 

47 CFR Part 2

Frequency Allocations, General Rules 

and Regulations, Radio. 

47 CFR Parts 22 and 90

Communications common carriers, 

Communications equipment, Reporting 

and recordkeeping requirements. 

47 CFR Part 24

Communications common carriers. 

47 CFR Part 74

Radio. 

47 CFR Part 78

Cable television, Radio.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

Rule Changes

■ For the reasons discussed in the 

preamble 47 CFR parts 2, 22, 24, 74, 78, 

and 90 are amended as follows:

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS

■ 1. The authority citation for part 2 

continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, and 

336, unless otherwise noted.

■ 2. Section 2.106, the Table of 

Frequency Allocations, is amended by 

revising pages 38 and 39.

§ 2.106 Table of Frequency Allocations. 

BILLING CODE 6712–01–P

67832 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 


ER22NO04.002</GPH>
Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67833

BILLING CODE 6712–01–C


ER22NO04.003</GPH>
67834 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

PART 22—PUBLIC MOBILE SERVICES

■ 3. The authority citation for part 22 

continues to read as follows:

Authority: 47 U.S.C. 154, 222, 303, 309 and 

332.

■ 4. Add §§ 22.970 through 22.973 to 

subpart H to read as follows:

§ 22.970 Unacceptable interference to Part 

90 non-cellular 800 MHz licensees from 

cellular radiotelephone or Part 90 ESMR 

systems. 

(a) Definition. Except as provided in 

47 CFR 90.617(k), unacceptable 

interference to non-cellular part 90 of 

this chapter licensees in the 800 MHz 

band will be deemed to occur when the 

below conditions are met: 

(1) A transceiver at a site at which 

interference is encountered: 

(i) Is in good repair and operating 

condition, and is receiving: 

(A) A median desired signal of ¥104 

dBm or higher, as measured at the R.F. 

input of the receiver of a mobile unit; 

or 

(B) A median desired signal of ¥101 

dBm or higher, as measured at the R.F. 

input of the receiver of a portable i.e.

hand-held unit; and, either 

(ii) Is a voice transceiver: 

(A) With manufacturer published 

performance specifications for the 

receiver section of the transceiver equal 

to, or exceeding, the minimum 

standards set out in paragraph (b) of this 

section, below; and; 

(B) Receiving an undesired signal or 

signals which cause the measured 

Carrier to Noise plus interference (C/

(I+N)) ratio of the receiver section of 

said transceiver to be less than 20 dB, 

or, 

(iii) Is a non-voice transceiver 

receiving an undesired signal or signals 

which cause the measured bit error rate 

(BER) (or some comparable 

specification) of the receiver section of 

said transceiver to be more than the 

value reasonably designated by the 

manufacturer. 

(2) Provided, however, that if the 

receiver section of the mobile or 

portable voice transceiver does not 

conform to the standards set out in 

paragraph (b) of this section, then that 

transceiver shall be deemed subject to 

unacceptable interference only at sites 

where the median desired signal 

satisfies the applicable threshold 

measured signal power in paragraph 

(a)(1)(i) of this section after an upward 

adjustment to account for the difference 

in receiver section performance. The 

upward adjustment shall be equal to the 

increase in the desired signal required 

to restore the receiver section of the 

subject transceiver to the 20 dB C/(I+N) 

ratio of paragraph (a)(1)(ii)(B) of this 

section. The adjusted threshold levels 

shall then define the minimum 

measured signal power(s) in lieu of 

paragraphs (a)(1)(i) of this section at 

which the licensee using such noncompliant transceiver is entitled to 

interference protection. 

(b) Minimum receiver requirements. 

Voice transceivers capable of operating 

in the 806–824 MHz portion of the 800 

MHz band shall have the following 

minimum performance specifications in 

order for the system in which such 

transceivers are used to claim 

entitlement to full protection against 

unacceptable interference (See 

paragraph (a) (2) of this section). 

(1) Voice units intended for mobile 

use: 75 dB intermodulation rejection 

ratio; 75 dB adjacent channel rejection 

ratio; ¥116 dBm reference sensitivity. 

(2) Voice units intended for portable 

use: 70 dB intermodulation rejection 

ratio; 70 dB adjacent channel rejection 

ratio; ¥116 dBm reference sensitivity.

§ 22.971 Obligation to abate unacceptable 

interference. 

(a) Strict responsibility. Any licensee 

who, knowingly or unknowingly, 

directly or indirectly, causes or 

contributes to causing unacceptable 

interference to a non-cellular Part 90 

licensee in the 800 MHz band, as 

defined in § 22.970 shall be strictly 

accountable to abate the interference, 

with full cooperation and utmost 

diligence, in the shortest time 

practicable. Interfering licensees shall 

consider all feasible interference 

abatement measures, including, but not 

limited to, the remedies specified in the 

interference resolution procedures set 

forth in § 22.972. This strict 

responsibility obligation applies to all 

forms of interference, including out-ofband emissions and intermodulation. 

(b) Joint and several responsibility. If 

two or more licensees knowingly or 

unknowingly, directly or indirectly, 

cause or contribute to causing 

unacceptable interference to a noncellular part 90 of this chapter licensee 

in the 800 MHz band, as defined in 

§ 22.970, such licensees shall be jointly 

and severally responsible for abating 

interference, with full cooperation and 

utmost diligence, in the shortest 

practicable time. 

(1) This joint and several 

responsibility rule requires interfering 

licensees to consider all feasible 

interference abatement measures, 

including, but not limited to, the 

remedies specified in the interference 

resolution procedures set forth in 

§ 22.972(c). This joint and several 

responsibility rule applies to all forms 

of interference, including out-of-band 

emissions and intermodulation. 

(2) Any licensee that can show that its 

signal does not directly or indirectly, 

cause or contribute to causing 

unacceptable interference to a noncellular part 90 of this chapter licensee 

in the 800 MHz band, as defined in this 

chapter, shall not be held responsible 

for resolving unacceptable interference. 

Notwithstanding, any licensee that 

receives an interference complaint from 

a public safety/CII licensee shall 

respond to such complaint consistent 

with the interference resolution 

procedures set forth in this chapter.

§ 22.972 Interference resolution 

procedures. 

(a) Initial notification. (1) Cellular 

Radiotelephone licensees may receive 

initial notification of interference from 

non-cellular part 90 of this chapter 

licensees in the 800 MHz band pursuant 

to § 90.674(a) of this chapter. 

(2) Cellular Radiotelephone licensees, 

in conjunction with part 90 ESMR 

licensees, shall establish an electronic 

means of receiving the initial 

notification described in § 90.674(a) of 

this chapter. The electronic system must 

be designed so that all appropriate 

Cellular Radiotelephone licensees and 

part 90 ESMR licensees can be 

contacted about the interference 

incident with a single notification. The 

electronic system for receipt of initial 

notification of interference complaints 

must be operating no later than 

February 22, 2005. 

(3) Cellular Radiotelephone licensees 

must respond to the initial notification 

described in § 90.674(a) of this chapter, 

as soon as possible and no later than 24 

hours after receipt of notification from 

a part 90 public safety/CII licensee. This 

response time may be extended to 48 

hours after receipt from other part 90 

non-cellular licensees provided affected 

communications on these systems are 

not safety related.

(b) Interference analysis. Cellular 

Radiotelephone licensees—who receive 

an initial notification described in 

§ 90.674(a) of this chapter—shall 

perform a timely analysis of the 

interference to identify the possible 

source. Immediate on-site visits may be 

conducted when necessary to complete 

timely analysis. Interference analysis 

must be completed and corrective action 

initiated within 48 hours of the initial 

complaint from a part 90 of this chapter 

public safety/CII licensee. This response 

time may be extended to 96 hours after 

the initial complaint from other part 90 

of this chapter non-cellular licensees 

provided affected communications on 

these systems are not safety related. 

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67835

Corrective action may be delayed if the 

affected licensee agrees in writing 

(which may be, but is not required to be, 

recorded via e-mail or other electronic 

means) to a longer period. 

(c) Mitigation steps. (1) All Cellular 

Radiotelephone and part 90 of this 

chapter ESMR licensees who are 

responsible for causing unacceptable 

interference shall take all affirmative 

measures to resolve such interference. 

Cellular Radiotelephone licensees found 

to contribute to unacceptable 

interference, as defined in § 22.970, 

shall resolve such interference in the 

shortest time practicable. Cellular 

Radiotelephone licensees and part 90 of 

this chapter ESMR licensees must 

provide all necessary test apparatus and 

technical personnel skilled in the 

operation of such equipment as may be 

necessary to determine the most 

appropriate means of timely eliminating 

the interference. However, the means 

whereby interference is abated or the 

cell parameters that may need to be 

adjusted is left to the discretion of the 

Cellular Radiotelephone and/or part 90 

of this chapter ESMR licensees, whose 

affirmative measures may include, but 

not be limited to, the following 

techniques: 

(i) Increasing the desired power of the 

public safety/CII signal; 

(ii) Decreasing the power of the part 

90 ESMR and/or Cellular 

Radiotelephone system signal; 

(iii) Modifying the part 90 ESMR and/

or Cellular Radiotelephone system 

antenna height; 

(iv) Modifying the part 90 ESMR and/

or Cellular Radiotelephone system 

antenna characteristics; 

(v) Incorporating filters into part 90 

ESMR and/or Cellular Radiotelephone 

transmission equipment; 

(vi) Permanently changing part 90 

ESMR and/or Cellular Radiotelephone 

frequencies; and 

(vii) Supplying interference-resistant 

receivers to the affected public safety/

CII licensee(s). If this technique is used, 

in all circumstances, Cellular 

Radiotelephone and/or part 90 of this 

chapter ESMR licensees shall be 

responsible for all costs thereof. 

(2) Whenever short-term interference 

abatement measures prove inadequate, 

the affected part 90 of this chapter noncellular licensee shall, consistent with 

but not compromising safety, make all 

necessary concessions to accepting 

interference until a longer-term remedy 

can be implemented. 

(3) Discontinuing operations when 

clear imminent danger exists. When a 

part 90 of this chapter public safety 

licensee determines that a continuing 

presence of interference constitutes a 

clear and imminent danger to life or 

property, the licensee causing the 

interference must discontinue the 

associated operation immediately, until 

a remedy can be identified and applied. 

The determination that a continuing 

presence exists that constitutes a clear 

and imminent danger to life or property, 

must be made by written statement that: 

(i) Is in the form of a declaration, 

notarized affidavit, or statement under 

penalty or perjury, from an officer or 

executive of the affected public safety 

licensee; 

(ii) Thoroughly describes the basis of 

the claim of clear and imminent danger; 

(iii) Was formulated on the basis of 

either personal knowledge or belief after 

due diligence; 

(iv) Is not proffered by a contractor or 

other third party; and 

(v) Has been approved by the Chief of 

the Wireless Telecommunication 

Bureau or other designated Commission 

official. Prior to the authorized official 

making a determination that a clear and 

imminent danger exists, the associated 

written statement must be served by 

hand-delivery or receipted fax on the 

applicable offending licensee, with a 

copy transmitted by the fastest available 

means to the Washington, DC office of 

the Commission’s Wireless 

Telecommunications Bureau.

§ 22.973 Information exchange. 

(a) Prior notification. Public safety/CII 

licensees may notify a part 90 ESMR or 

cellular radiotelephone licensee that 

they wish to receive prior notification of 

the activation or modification of part 90 

ESMR or cellular radiotelephone cell 

sites in their area. Thereafter, the part 90 

ESMR or cellular radiotelephone 

licensee must provide the following 

information to the public safety/CII 

licensee at least 10 business days before 

a new cell site is activated or an existing 

cell site is modified: 

(1) Location; 

(2) Effective radiated power; 

(3) Antenna height; 

(4) Channels available for use. 

(b) Purpose of prior notification. The 

prior coordination of cell sites is for 

informational purposes only. Public 

safety/CII licensees are not afforded the 

right to accept or reject the activation of 

a proposed cell or to unilaterally require 

changes in its operating parameters. The 

principal purposes of notification are to: 

(1) Allow a public safety licensee to 

advise the part 90 of this chapter ESMR 

or Cellular Radiotelephone licensee 

whether it believes a proposed cell will 

generate unacceptable interference; 

(2) Permit Cellular Radiotelephone or 

part 90 of this chapter ESMR licensees 

to make voluntary changes in cell 

parameters when a public safety 

licensee alerts them to possible 

interference; and 

(3) Rapidly identify the source if 

interference is encountered when the 

cell is activated.

PART 24—PERSONAL 

COMMUNICATIONS SERVICES

■ 5. The authority citation for part 24 

continues to read as follows:

Authority: Sections 47 U.S.C. 154, 301, 

302, 303, 309 and 332.

■ 6. Amend § 24.203 by revising 

paragraph (b) and adding paragraph (d) 

to read as follows:

§ 24.203 Construction requirements.

* * * * *

(b) Licensees of 10 MHz blocks except 

for the 1910–1915 MHz and 1990–1995 

MHz, including 10 MHz C block 

licenses reconfigured pursuant to 

Amendment of the Commission’s Rules 

Regarding Installment Payment 

Financing for Personal Communications 

Services (PCS) Licensees, WT Docket 

No. 97–82, Sixth Report and Order, FCC 

00–313, and 15 MHz blocks resulting 

from the disaggregation option as 

provided in the Commission’s Rules 

Regarding Installment Payment 

Financing for Personal Communications 

Services (PCS) Licensees, Second Report 

and Order and Further Notice of 

Proposed Rule Making, WT Docket 97–

82, 12 FCC Rcd 16436 (1997), as 

modified by Order on Reconsideration 

of the Second Report and Order, WT 

Docket 97–82, 13 FCC Rcd 8345 (1998), 

must serve with a signal level sufficient 

to provide adequate service to at least 

one-quarter of the population in their 

licensed area within five years of being 

licensed, or make a showing of 

substantial service in their licensed area 

within five years of being licensed. 

Population is defined as the 1990 

population census. Licensees may elect 

to use the 2000 population census to 

determine the five-year construction 

requirement. Failure by any licensee to 

meet these requirements will result in 

forfeiture of the license and the licensee 

will be ineligible to regain it.

* * * * *

(d) Licensees in the paired 1910–1915 

MHz and 1990–1995 MHz bands must 

make a showing of ‘‘substantial service’’

in their license area within ten years of 

the date of initial license issuance or 

renewal. ‘‘Substantial service’’ is 

defined as service which is sound, 

favorable, and substantially above a 

level of mediocre service which just 

might minimally warrant renewal. 

Failure by any licensee to meet this 

67836 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

requirement will result in forfeiture of 

the license and the licensee will be 

ineligible to regain it.

■ 7. Amend § 24.229 by adding 

paragraph (c) to read as follows:

§ 24.229 Frequencies.

* * * * *

(c) The paired frequency blocks 1910–

1915 MHz and 1990–1995 MHz are 

available for assignment in the 175 

Economic Areas defined in § 90.7 of this 

chapter. The 1910–1915 MHz block 

shall be used for mobile/portable station 

transmissions while the 1990–1995 

MHz block shall be used for base station 

transmissions.

■ 8. Amend § 24.247 by adding 

paragraph (c) to read as follows:

§ 24.247 Triggering a reimbursement 

obligation.

* * * * *

(c) Any new entrants granted licenses 

for the 1910–1915 MHz band must 

reimburse UTAM a pro rata share of its 

total expenses incurred by UTAM as of 

the date that the new entrants gain 

access to the band. The percent required 

by new entrants to pay shall be 

calculated based upon the amount of 

spectrum granted to the new entrant as 

compared to the total amount of 

spectrum UTAM is responsible for 

clearing of incumbents (20 megahertz), 

and must be paid before a new entrant 

begins operations in the band. For 

example, if a new entrant obtains a 

license for 5 megahertz of spectrum in 

this band, it is required to reimburse 

UTAM one-quarter of UTAM’s total 

costs to date on a pro rata shared basis. 

New entrants will be responsible for the 

actual costs associated with future 

relocation activities in their licensed 

spectrum, but will be entitled to seek 

reimbursement from UTAM for the 

proportion of those band clearing costs 

that benefit users of the 1915–1930 MHz 

band.

PART 74—EXPERIMENTAL RADIO, 

AUXILIARY, SPECIAL 

BROADCASTING AND OTHER 

PROGRAM DISTRIBUTIONAL 

SERVICES

■ 9. The authority citation for part 74 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 307, 336(f), 

336(h) and 554.

■ 10. Amend § 74.602 by revising 

paragraph (a)(3)(iii) to read as follows:

§ 74.602 Frequency assignment. 

(a) * * * 

(3) * * * 

(iii) Broadcast Auxiliary Service, 

Cable Television Remote Pickup 

Service, and Local Television 

Transmission Service licensees will be 

required to use the Band A channel plan 

in paragraph (a)(3)(i) of this section after 

completion of relocation by an Emerging 

Technologies licensee in accordance 

with § 74.690 or § 78.40. Licensees 

declining relocation may continue to 

use their existing channel plan but must 

discontinue use of the 1990–2025 MHz 

band when they indicate to an Emerging 

Technologies licensee, acting pursuant 

to § 74.690 or § 78.40 of this chapter, 

that they decline to be relocated.

* * * * *

■ 11. Amend § 74.690 by revising 

paragraphs (b), (c)(2), (c)(3), (d) and the 

introductory text of paragraph (e), and to 

remove and reserve section (e)(1)(ii) to 

read as follows:

§ 74.690 Transition of the 1990–2025 MHz 

band from the Broadcast Auxiliary Service 

to emerging technologies. 

(a) * * * 

(b) An Existing Licensee in the 1990–

2025 MHz band allocated for licensed 

emerging technology services will 

maintain primary status in the band 

until the Existing Licensee’s operations 

are relocated by a New Entrant, are 

discontinued under the terms of 

paragraph (a) of this section, or become 

secondary under the terms of paragraph 

(e)(6) of this section or the Existing 

Licensee indicates to a New Entrant that 

it declines to be relocated. 

(c) * * * 

(2) The New Entrant completes all 

activities necessary for implementing 

the replacement facilities, including 

engineering and cost analysis of the 

relocation procedure and, if radio 

facilities are used, identifying and 

obtaining, on the incumbents’ behalf, 

new microwave or Local Television 

Transmission Service frequencies and 

frequency coordination. 

(3) The New Entrant builds the 

replacement system and tests it for 

comparability with the existing system. 

(d) The Existing Licensee is not 

required to relocate until the alternative 

facilities are available to it for a 

reasonable time to make adjustments, 

determine comparability, and ensure a 

seamless handoff. If, within one year 

after the relocation to new facilities the 

Existing Licensee demonstrates that the 

new facilities are not comparable to the 

former facilities, the New Entrant must 

remedy the defects. 

(e) Subject to the terms of this 

paragraph (e), the relocation of Existing 

Licensees will be carried out by MSS 

licensees in the following manner: 

(1) * * * 

(ii) [Reserved]

* * * * *

PART 78—CABLE TELEVISION RELAY 

SERVICE

■ 12. The authority citation for part 78 

continues to read as follows:

Authority: Sections 2, 3, 4, 301, 303, 307, 

308, 309, 48 Stat., as amended, 1064, 1065, 

1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C. 

152, 153, 154, 301, 303, 307, 308, 309.

■ 13. Amend § 78.40 by revising 

paragraphs (b), (c)(2), (c)(3), (e) and the 

introductory text of paragraph (f), and by 

removing and reserving paragraph 

(f)(1)(ii) to read as follows:

§ 78.40 Transition of the 1990–2025 MHz 

band from the Cable Television Relay 

Service to emerging technologies. 

(a) * * * 

(b) Existing Licensees in the 1990–

2025 MHz band allocated for licensed 

emerging technology services will 

maintain primary status in the band 

until a New Entrant completes 

relocation of the Existing Licensee’s 

operations or the Existing Licensee 

indicates to a New Entrant that it 

declines to be relocated. 

(c) * * *

(2) The New Entrant completes all 

activities necessary for implementing 

the replacement facilities, including 

engineering and cost analysis of the 

relocation procedure and, if radio 

facilities are used, identifying and 

obtaining, on the incumbents’ behalf, 

new microwave or Cable Television 

Relay Service frequencies and frequency 

coordination. 

(3) The New Entrant builds the 

replacement system and tests it for 

comparability with the existing system.

* * * * *

(e) If, within one year after the 

relocation to new facilities the Existing 

Licensee demonstrates that the new 

facilities are not comparable to the 

former facilities, the New Entrant must 

remedy the defect. 

(f) Subject to the terms of this 

paragraph (f), the relocation of Existing 

Licensees will be carried out by MSS 

licensees in the following manner:

* * * * *

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES

■ 14. 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).

■ 15. Amend § 90.7 by adding the 

following definitions in alphabetical 

order to read as follows:

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67837

§ 90.7 Definitions. 

Cellular System (800 MHz). In the 

806–817 MHz/851–862 MHz band, a 

cellular system is defined as a highdensity system which: 

(1) Has more than five overlapping 

interactive sites featuring hand-off 

capability; and 

(2) Any one of such sites has an 

antenna height of less than 30.4 meters 

(100 feet) above ground level with an 

antenna height above average terrain 

(HAAT) of less than 152.4 meters (500 

feet) and twenty or more paired 

frequencies.

* * * * *

Critical Infrastructure Industry (CII).

Private internal radio services operated 

by State, local governments and nongovernment entities, including utilities, 

railroads, metropolitan transit systems, 

pipelines, private ambulances, 

volunteer fire departments, and not-forprofit organizations that offer emergency 

road services, provided these private 

internal radio services are used to 

protect safety of life, health, or property; 

and are not made commercially 

available to the public.

* * * * *

Enhanced Specialized Mobile Radio 

System (ESMR). A specialized mobile 

radio (SMR) system operating in the 800 

MHz band which employs an 800 MHz 

cellular system as defined in this 

section.

* * * * *

■ 16. Section 90.16 is revised to read as 

follows:

§ 90.16 Public Safety National Plan. 

The Commission has established a 

National Plan which specifies special 

policies and procedures governing the 

Public Safety Pool (formally Public 

Safety Radio Services and the Special 

Emergency Radio Service). The National 

Plan is contained in the Report and 

Order in General Docket No. 87–112. 

The principal spectrum resource for the 

National Plan is the 806–809 MHz and 

the 851–854 MHz bands at locations 

farther then 110 km (68.4 miles) from 

the U.S./Mexico border and 140 km (87 

miles) from the U.S./Canadian border 

(‘‘border regions’’). In the border 

regions, the principal spectrum for the 

National Plan may be different. The 

National plan establishes planning 

regions covering all parts of the United 

States, Puerto Rico, and the U.S. Virgin 

Islands. No assignments will be made in 

the spectrum designated for the 

National Plan until a regional plan for 

the area has been accepted by the 

Commission.

■ 17. Amend § 90.20(c)(3) by removing 

frequency bands ‘‘806 to 824’’ and ‘‘851 

to 859’’ and by adding in its place ‘‘806 

to 821’’ and ‘‘851 to 862’’ and by revising 

paragraph (d)(69) to read as follows:

§ 90.20 Public Safety Pool.

* * * * *

(c) * * * 

(3) * * *

PUBLIC SAFETY POOL FREQUENCY TABLE

Frequency or band Class of station(s) Limitations Coordinator 

*******

806 to 817 ................................................ ......do ...................................................... 69 

851 to 862 ................................................ Base or mobile ........................................ 69 

*******

(d) * * * 

(69) Subpart S of this part contains 

rules for assignment of frequencies in 

the 806–817 MHz and 851–862 MHz 

bands.

* * * * *

■ 18. Amend § 90.35(b)(3) by removing 

frequency bands ‘‘806 to 821’’ and ‘‘851 

to 869’’ and by adding in its place ‘‘809 

to 824’’ and ‘‘854 to 869’’ and by revising 

paragraph (c)(71) to read as follows:

§ 90.35 Industrial/Business Pool.

* * * * *

(b) * * * 

(3) * * *

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLE

Frequency or band Class of station(s) Limitations Coordinator 

* * * * * * * 

809 to 824 ................................................ Mobile ...................................................... 71 

854 to 869 ................................................ Base or mobile ........................................ 71 

* * * * * * * 

(c) * * * 

(71) Subpart S of this part contains 

rules for assignment of frequencies in 

the 809–824/854–869 and 896–901/935–

940 MHz bands.

* * * * *

■ 19. Amend § 90.209(b)(5) by removing 

frequency bands ‘‘806–821/851–866’’

and ‘‘821–824/866–869’’ and by adding 

in its place ‘‘806–809/851–854’’ and 

‘‘809–824/854–869’’ to read as follows:

§ 90.209 Bandwidth limitations.

* * * * *

(b) * * * 

(5) * * *

67838 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

STANDARD CHANNEL SPACING/BANDWIDTH

Frequency band (MHz) Channel spacing (kHz) 

Authorized 

bandwidth 

(kHz) 

* * * * * * * 

806–809/851–854 .................................................................................................................................................... 12.5 20 

809–824/854–869 .................................................................................................................................................... 25 20 

*******

* * * * *

■ 20. In § 90.210, revise the table by 

removing frequency bands ‘‘806–821/

851–866’’ 3 and ‘‘821–824/866–869’’ and 

by adding in its place ‘‘806–809/851–

854’’ and ‘‘809–824/854–869’’ 3 to read 

as follows:

§ 90.210 Emission masks.

* * * * *

APPLICABLE EMISSION MASKS

Frequency band (MHz) 

Mask for 

equipment 

with audio low 

pass filter 

Mask for 

equipment 

without audio 

low pass filter 

* * * * * * * 

806–809/851–854 .................................................................................................................................................... B H 

809–824/854–869 3 .................................................................................................................................................. B G 

* * * * * * * 

* * * * *

3ESMR systems shall comply with the 

emission mask provisions of § 90.691.

* * * * *

■ 21. Amend § 90.213(a) by removing 

frequency bands ‘‘806–821’’, ‘‘821–824’’, 

‘‘851–866’’, ‘‘866–869’’ and by adding in 

its place ‘‘806–809’’, ‘‘809–824’’, ‘‘851–

854’’, ‘‘854–869’’ to read as follows:

§ 90.213 Frequency stability. 

(a) * * *

MINIMUM FREQUENCY STABILITY

[Parts per million (ppm)] 

Frequency range (MHz) 

Fixed and 

base stations 

Mobile stations 

Over 2 

watts output 

power 

2 watts or 

less output 

power 

* * * * * * * 

806–809 ................................................................................................................................................... 14 1.0 1.5 1.5 

809–824 ................................................................................................................................................... 14 1.5 2.5 2.5 

851–854 ................................................................................................................................................... 1.0 1.5 1.5 

854–869 ................................................................................................................................................... 1.5 2.5 2.5 

* * * * * * * 

* * * * *

■ 22. Amend § 90.607 by revising 

paragraph (e) to read as follows:

§ 90.607 Supplemental information to be 

furnished by applicants for facilities under 

this subpart.

* * * * *

(e) All applicants for frequencies 

governed by this subpart are subject to 

the frequency coordination 

requirements of § 90.175(b) except 

applicants requesting frequencies for 

EA-based SMR operations in the 806–

824 MHz/851–869 MHz band or 896–

901 MHz/935–940 MHz band.

■ 23. Amend § 90.609 by revising 

paragraph (c) to read as follows:

§ 90.609 Special limitations on amendment 

of applications for assignment or transfer of 

authorizations for radio systems above 800 

MHz.

* * * * *

(c) Licensees of constructed systems 

in any category are permitted to make 

partial assignments of an authorized 

grant to an applicant proposing to create 

a new system or to an existing licensee 

that has loaded its system to 70 mobiles 

per channel and is expanding that 

system. An applicant authorized to 

expand an existing system or to create 

a new system with frequencies from any 

category obtained through partial 

assignment will receive the assignor’s 

existing license expiration date and 

loading deadline for the frequencies that 

are assigned. A licensee that makes a 

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67839

partial assignment of a station’s 

frequencies will not be authorized to 

obtain additional frequencies for that 

station for a period of one year from the 

date of the partial assignment.

* * * * *

■ 24. Section 90.613 is revised to read as 

follows:

§ 90.613 Frequencies available. 

The following table indicates the 

channel designations of frequencies 

available for assignment to eligible 

applicants under this subpart. 

Frequencies shall be assigned in pairs, 

with mobile and control station 

transmitting frequencies taken from the 

806–824 MHz band with corresponding 

base station frequencies being 45 MHz 

higher and taken from the 851–869 MHz 

band, or with mobile and control station 

frequencies taken from the 896–901 

MHz band with corresponding base 

station frequencies being 39 MHz higher 

and taken from the 935–940 MHz band. 

Only the base station transmitting 

frequency of each pair is listed in the 

following tables.

TABLE OF 806–824/851–869 MHZ

CHANNEL DESIGNATIONS

Channel No. Base frequency

(MHz) 

1 ........................................ 851.0125 

2 ........................................ .0375 

3 ........................................ .0500 

4 ........................................ .0625 

5 ........................................ .0750 

6 ........................................ .0875 

7 ........................................ .1000 

8 ........................................ .1125 

9 ........................................ .1250 

10 ...................................... .1375 

11 ...................................... .1500 

12 ...................................... .1625 

13 ...................................... .1750 

14 ...................................... .1875 

15 ...................................... .2000 

16 ...................................... .2125 

17 ...................................... .2250 

18 ...................................... .2375 

19 ...................................... .2500 

20 ...................................... .2625 

21 ...................................... .2750 

22 ...................................... .2875 

23 ...................................... .3000 

24 ...................................... .3125 

25 ...................................... .3250 

26 ...................................... .3375 

27 ...................................... .3500 

28 ...................................... .3625 

29 ...................................... .3750 

30 ...................................... .3875 

31 ...................................... .4000 

32 ...................................... .4125 

33 ...................................... .4250 

34 ...................................... .4375 

35 ...................................... .4500 

36 ...................................... .4625 

37 ...................................... .4750 

38 ...................................... .4875 

TABLE OF 806–824/851–869 MHZ

CHANNEL DESIGNATIONS—Continued

Channel No. Base frequency

(MHz) 

39 ...................................... .5125 

40 ...................................... .5375 

41 ...................................... .5500 

42 ...................................... .5625 

43 ...................................... .5750 

44 ...................................... .5875 

45 ...................................... .6000 

46 ...................................... .6125 

47 ...................................... .6250 

48 ...................................... .6375 

49 ...................................... .6500 

50 ...................................... .6625 

51 ...................................... .6750 

52 ...................................... .6875 

53 ...................................... .7000 

54 ...................................... .7125 

55 ...................................... .7250 

56 ...................................... .7375 

57 ...................................... .7500 

58 ...................................... .7625 

59 ...................................... .7750 

60 ...................................... .7875 

61 ...................................... .8000 

62 ...................................... .8125 

63 ...................................... .8250 

64 ...................................... .8375 

65 ...................................... .8500 

66 ...................................... .8625 

67 ...................................... .8750 

68 ...................................... .8875 

69 ...................................... .9000 

70 ...................................... .9125 

71 ...................................... .9250 

72 ...................................... .9375 

73 ...................................... .9500 

74 ...................................... .9625 

75 ...................................... .9750 

76 ...................................... .9875 

77 ...................................... 852.0125 

78 ...................................... .0375 

79 ...................................... .0500 

80 ...................................... .0625 

81 ...................................... .0750 

82 ...................................... .0875 

83 ...................................... .1000 

84 ...................................... .1125 

85 ...................................... .1250 

86 ...................................... .1375 

87 ...................................... .1500 

88 ...................................... .1625 

89 ...................................... .1750 

90 ...................................... .1875 

91 ...................................... .2000 

92 ...................................... .2125 

93 ...................................... .2250 

94 ...................................... .2375 

95 ...................................... .2500 

96 ...................................... .2625 

97 ...................................... .2750 

98 ...................................... .2875 

99 ...................................... .3000 

100 .................................... .3125 

101 .................................... .3250 

102 .................................... .3375 

103 .................................... .3500 

104 .................................... .3625 

105 .................................... .3750 

106 .................................... .3875 

107 .................................... .4000 

108 .................................... .4125 

TABLE OF 806–824/851–869 MHZ

CHANNEL DESIGNATIONS—Continued

Channel No. Base frequency

(MHz) 

109 .................................... .4250 

110 .................................... .4375 

111 .................................... .4500 

112 .................................... .4625 

113 .................................... .4750 

114 .................................... .4875 

115 .................................... .5125 

116 .................................... .5375 

117 .................................... .5500 

118 .................................... .5625 

119 .................................... .5750 

120 .................................... .5875 

121 .................................... .6000 

122 .................................... .6125 

123 .................................... .6250 

124 .................................... .6375 

125 .................................... .6500 

126 .................................... .6625 

127 .................................... .6750 

128 .................................... .6875 

129 .................................... .7000 

130 .................................... .7125 

131 .................................... .7250 

132 .................................... .7375 

133 .................................... .7500 

134 .................................... .7625 

135 .................................... .7750 

136 .................................... .7875 

137 .................................... .8000 

138 .................................... .8125 

139 .................................... .8250 

140 .................................... .8375 

141 .................................... .8500 

142 .................................... .8625 

143 .................................... .8750 

144 .................................... .8875 

145 .................................... .9000 

146 .................................... .9125 

147 .................................... .9250 

148 .................................... .9375 

149 .................................... .9500 

150 .................................... .9625 

151 .................................... .9750 

152 .................................... .9875 

153 .................................... .853.0125 

154 .................................... .0375 

155 .................................... .0500 

156 .................................... .0625 

157 .................................... .0750 

158 .................................... .0875 

159 .................................... .1000 

160 .................................... .1125 

161 .................................... .1250 

162 .................................... .1375 

163 .................................... .1500 

164 .................................... .1625 

165 .................................... .1750 

166 .................................... .1875 

167 .................................... .2000 

168 .................................... .2125 

169 .................................... .2250 

170 .................................... .2375 

171 .................................... .2500 

172 .................................... .2625 

173 .................................... .2750 

174 .................................... .2875 

175 .................................... .3000 

176 .................................... .3125 

177 .................................... .3250 

178 .................................... .3375 

67840 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

TABLE OF 806–824/851–869 MHZ

CHANNEL DESIGNATIONS—Continued

Channel No. Base frequency

(MHz) 

179 .................................... .3500 

180 .................................... .3625 

181 .................................... .3750 

182 .................................... .3875 

183 .................................... .4000 

184 .................................... .4125 

185 .................................... .4250 

186 .................................... .4375 

187 .................................... .4500 

188 .................................... .4625 

189 .................................... .4750 

190 .................................... .4875 

191 .................................... .5000 

192 .................................... .5125 

193 .................................... .5250 

194 .................................... .5375 

195 .................................... .5500 

196 .................................... .5625 

197 .................................... .5750 

198 .................................... .5875 

199 .................................... .6000 

200 .................................... .6125 

201 .................................... .6250 

202 .................................... .6375 

203 .................................... .6500 

204 .................................... .6625 

205 .................................... .6750 

206 .................................... .6875 

207 .................................... .7000 

208 .................................... .7125 

209 .................................... .7250 

210 .................................... .7375 

211 .................................... .7500 

212 .................................... .7625 

213 .................................... .7750 

214 .................................... .7875 

215 .................................... .8000 

216 .................................... .8125 

217 .................................... .8250 

218 .................................... .8375 

219 .................................... .8500 

220 .................................... .8625 

221 .................................... .8750 

222 .................................... .8875 

223 .................................... .9000 

224 .................................... .9125 

225 .................................... .9250 

226 .................................... .9375 

227 .................................... .9500 

228 .................................... .9625 

229 .................................... .9750 

230 .................................... .9875 

231 .................................... 854.0125 

232 .................................... .0375 

233 .................................... .0625 

234 .................................... .0875 

235 .................................... .1125 

236 .................................... .1375 

237 .................................... .1625 

238 .................................... .1875 

239 .................................... .2125 

240 .................................... .2375 

241 .................................... .2625 

242 .................................... .2875 

243 .................................... .3125 

244 .................................... .3375 

245 .................................... .3625 

246 .................................... .3875 

247 .................................... .4125 

248 .................................... .4375 

TABLE OF 806–824/851–869 MHZ

CHANNEL DESIGNATIONS—Continued

Channel No. Base frequency

(MHz) 

249 .................................... .4625 

250 .................................... .4875 

251 .................................... .5125 

252 .................................... .5375 

253 .................................... .5625 

254 .................................... .5875 

255 .................................... .6125 

256 .................................... .6375 

257 .................................... .6625 

258 .................................... .6875 

259 .................................... .7125 

260 .................................... .7375 

261 .................................... .7625 

262 .................................... .7875 

263 .................................... .8125 

264 .................................... .8375 

265 .................................... .8625 

266 .................................... .8875 

267 .................................... .9125 

268 .................................... .9375 

269 .................................... .9625 

270 .................................... .9875 

271 .................................... 855.0125 

272 .................................... .0375 

273 .................................... .0625 

274 .................................... .0875 

275 .................................... .1125 

276 .................................... .1375 

277 .................................... .1625 

278 .................................... .1875 

279 .................................... .2125 

280 .................................... .2375 

281 .................................... .2625 

282 .................................... .2875 

283 .................................... .3125 

284 .................................... .3375 

285 .................................... .3625 

286 .................................... .3875 

287 .................................... .4125 

288 .................................... .4375 

289 .................................... .4625 

290 .................................... .4875 

291 .................................... .5125 

292 .................................... .5375 

293 .................................... .5625 

294 .................................... .5875 

295 .................................... .6125 

296 .................................... .6375 

297 .................................... .6625 

298 .................................... .6875 

299 .................................... .7125 

300 .................................... .7375 

301 .................................... .7625 

302 .................................... .7875 

303 .................................... .8125 

304 .................................... .8375 

305 .................................... .8625 

306 .................................... .8875 

307 .................................... .9125 

308 .................................... .9375 

309 .................................... .9625 

310 .................................... .9875 

311 .................................... 856.0125 

312 .................................... .0375 

313 .................................... .0625 

314 .................................... .0875 

315 .................................... .1125 

316 .................................... .1375 

317 .................................... .1625 

318 .................................... .1875 

TABLE OF 806–824/851–869 MHZ

CHANNEL DESIGNATIONS—Continued

Channel No. Base frequency

(MHz) 

319 .................................... .2125 

320 .................................... .2375 

321 .................................... .2625 

322 .................................... .2875 

323 .................................... .3125 

324 .................................... .3375 

325 .................................... .3625 

326 .................................... .3875 

327 .................................... .4125 

328 .................................... .4375 

329 .................................... .4625 

330 .................................... .4875 

331 .................................... .5125 

332 .................................... .5375 

333 .................................... .5625 

334 .................................... .5875 

335 .................................... .6125 

336 .................................... .6375 

337 .................................... .6625 

338 .................................... .6875 

339 .................................... .7125 

340 .................................... .7375 

341 .................................... .7625 

342 .................................... .7875 

343 .................................... .8125 

344 .................................... .8375 

345 .................................... .8625 

346 .................................... .8875 

347 .................................... .9125 

348 .................................... .9375 

349 .................................... .9625 

350 .................................... .9875 

351 .................................... 857.0125 

352 .................................... .0375 

353 .................................... .0625 

354 .................................... .0875 

355 .................................... .1125 

356 .................................... .1375 

357 .................................... .1625 

358 .................................... .1875 

359 .................................... .2125 

360 .................................... .2375 

361 .................................... .2625 

362 .................................... .2875 

363 .................................... .3125 

364 .................................... .3375 

365 .................................... .3625 

366 .................................... .3875 

367 .................................... .4125 

368 .................................... .4375 

369 .................................... .4625 

370 .................................... .4875 

371 .................................... .5125 

372 .................................... .5375 

373 .................................... .5625 

374 .................................... .5875 

375 .................................... .6125 

376 .................................... .6375 

377 .................................... .6625 

378 .................................... .6875 

379 .................................... .7125 

380 .................................... .7375 

381 .................................... .7625 

382 .................................... .7875 

383 .................................... .8125 

384 .................................... .8375 

385 .................................... .8625 

386 .................................... .8875 

387 .................................... .9125 

388 .................................... .9375 

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67841

TABLE OF 806–824/851–869 MHZ

CHANNEL DESIGNATIONS—Continued

Channel No. Base frequency

(MHz) 

389 .................................... .9625 

390 .................................... .9875 

391 .................................... 858.0125 

392 .................................... .0375 

393 .................................... .0625 

394 .................................... .0875 

395 .................................... .1125 

396 .................................... .1375 

397 .................................... .1625 

398 .................................... .1875 

399 .................................... .2125 

400 .................................... .2375 

401 .................................... .2625 

402 .................................... .2875 

403 .................................... .3125 

404 .................................... .3375 

405 .................................... .3625 

406 .................................... .3875 

407 .................................... .4125 

408 .................................... .4375 

409 .................................... .4625 

410 .................................... .4875 

411 .................................... .5125 

412 .................................... .5375 

413 .................................... .5625 

414 .................................... .5875 

415 .................................... .6125 

416 .................................... .6375 

417 .................................... .6625 

418 .................................... .6875 

419 .................................... .7125 

420 .................................... .7375 

421 .................................... .7625 

422 .................................... .7875 

423 .................................... .8125 

424 .................................... .8375 

425 .................................... .8625 

426 .................................... .8875 

427 .................................... .9125 

428 .................................... .9375 

429 .................................... .9625 

430 .................................... .9875 

431 .................................... 859.0125 

432 .................................... .0375 

433 .................................... .0625 

434 .................................... .0875 

435 .................................... .1125 

436 .................................... .1375 

437 .................................... .1625 

438 .................................... .1875 

439 .................................... .2125 

440 .................................... .2375 

441 .................................... .2625 

442 .................................... .2875 

443 .................................... .3125 

444 .................................... .3375 

445 .................................... .3625 

446 .................................... .3875 

447 .................................... .4125 

448 .................................... .4375 

449 .................................... .4625 

450 .................................... .4875 

451 .................................... .5125 

452 .................................... .5375 

453 .................................... .5625 

454 .................................... .5875 

455 .................................... .6125 

456 .................................... .6375 

457 .................................... .6625 

458 .................................... .6875 

TABLE OF 806–824/851–869 MHZ

CHANNEL DESIGNATIONS—Continued

Channel No. Base frequency

(MHz) 

459 .................................... .7125 

460 .................................... .7375 

461 .................................... .7625 

462 .................................... .7875 

463 .................................... .8125 

464 .................................... .8375 

465 .................................... .8625 

466 .................................... .8875 

467 .................................... .9125 

468 .................................... .9375 

469 .................................... .9625 

470 .................................... .9875 

471 .................................... 860.0125 

472 .................................... .0375 

473 .................................... .0625 

474 .................................... .0875 

475 .................................... .1125 

476 .................................... .1375 

477 .................................... .1625 

478 .................................... .1875 

479 .................................... .2125 

480 .................................... .2375 

481 .................................... .2625 

482 .................................... .2875 

483 .................................... .3125 

484 .................................... .3375 

485 .................................... .3625 

486 .................................... .3875 

487 .................................... .4125 

488 .................................... .4375 

489 .................................... .4625 

490 .................................... .4875 

491 .................................... .5125 

492 .................................... .5375 

493 .................................... .5625 

494 .................................... .5875 

495 .................................... .6125 

496 .................................... .6375 

497 .................................... .6625 

498 .................................... .6875 

499 .................................... .7125 

500 .................................... .7375 

501 .................................... .7625 

502 .................................... .7875 

503 .................................... .8125 

504 .................................... .8375 

505 .................................... .8625 

506 .................................... .8875 

507 .................................... .9125 

508 .................................... .9375 

509 .................................... .9625 

510 .................................... .9875 

511 .................................... 861.0125 

512 .................................... .0375 

513 .................................... .0625 

514 .................................... .0875 

515 .................................... .1125 

516 .................................... .1375 

517 .................................... .1625 

518 .................................... .1875 

519 .................................... .2125 

520 .................................... .2375 

521 .................................... .2625 

522 .................................... .2875 

523 .................................... .3125 

524 .................................... .3375 

525 .................................... .3625 

526 .................................... .3875 

527 .................................... .4125 

528 .................................... .4375 

TABLE OF 806–824/851–869 MHZ

CHANNEL DESIGNATIONS—Continued

Channel No. Base frequency

(MHz) 

529 .................................... .4625 

530 .................................... .4875 

531 .................................... .5125 

532 .................................... .5375 

533 .................................... .5625 

534 .................................... .5875 

535 .................................... .6125 

536 .................................... .6375 

537 .................................... .6625 

538 .................................... .6875 

539 .................................... .7125 

540 .................................... .7375 

541 .................................... .7625 

542 .................................... .7875 

543 .................................... .8125 

544 .................................... .8375 

545 .................................... .8625 

546 .................................... .8875 

547 .................................... .9125 

548 .................................... .9375 

549 .................................... .9625 

550 .................................... .9875 

551 .................................... 862.0125 

552 .................................... .0375 

553 .................................... .0625 

554 .................................... .0875 

555 .................................... .1125 

556 .................................... .1375 

557 .................................... .1625 

558 .................................... .1875 

559 .................................... .2125 

560 .................................... .2375 

561 .................................... .2625 

562 .................................... .2875 

563 .................................... .3125 

564 .................................... .3375 

565 .................................... .3625 

566 .................................... .3875 

567 .................................... .4125 

568 .................................... .4375 

569 .................................... .4625 

570 .................................... .4875 

571 .................................... .5125 

572 .................................... .5375 

573 .................................... .5625 

574 .................................... .5875 

575 .................................... .6125 

576 .................................... .6375 

577 .................................... .6625 

578 .................................... .6875 

579 .................................... .7125 

580 .................................... .7375 

581 .................................... .7625 

582 .................................... .7875 

583 .................................... .8125 

584 .................................... .8375 

585 .................................... .8625 

586 .................................... .8875 

587 .................................... .9125 

588 .................................... .9375 

589 .................................... .9625 

590 .................................... .9875 

591 .................................... 863.0125 

592 .................................... .0375 

593 .................................... .0625 

594 .................................... .0875 

595 .................................... .1125 

596 .................................... .1375 

597 .................................... .1625 

598 .................................... .1875 

67842 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

TABLE OF 806–824/851–869 MHZ

CHANNEL DESIGNATIONS—Continued

Channel No. Base frequency

(MHz) 

599 .................................... .2125 

600 .................................... .2375 

601 .................................... .2625 

602 .................................... .2875 

603 .................................... .3125 

604 .................................... .3375 

605 .................................... .3625 

606 .................................... .3875 

607 .................................... .4125 

608 .................................... .4375 

609 .................................... .4625 

610 .................................... .4875 

611 .................................... .5125 

612 .................................... .5375 

613 .................................... .5625 

614 .................................... .5875 

615 .................................... .6125 

616 .................................... .6375 

617 .................................... .6625 

618 .................................... .6875 

619 .................................... .7125 

620 .................................... .7375 

621 .................................... .7625 

622 .................................... .7875 

623 .................................... .8125 

624 .................................... .8375 

625 .................................... .8625 

626 .................................... .8875 

627 .................................... .9125 

628 .................................... .9375 

629 .................................... .9625 

630 .................................... .9875 

631 .................................... 864.0125 

632 .................................... .0375 

633 .................................... .0625 

634 .................................... .0875 

635 .................................... .1125 

636 .................................... .1375 

637 .................................... .1625 

638 .................................... .1875 

639 .................................... .2125 

640 .................................... .2375 

641 .................................... .2625 

642 .................................... .2875 

643 .................................... .3125 

644 .................................... .3375 

645 .................................... .3625 

646 .................................... .3875 

647 .................................... .4125 

648 .................................... .4375 

649 .................................... .4625 

650 .................................... .4875 

651 .................................... .5125 

652 .................................... .5375 

653 .................................... .5625 

654 .................................... .5875 

655 .................................... .6125 

656 .................................... .6375 

657 .................................... .6625 

658 .................................... .6875 

659 .................................... .7125 

660 .................................... .7375 

661 .................................... .7625 

662 .................................... .7875 

663 .................................... .8125 

664 .................................... .8375 

665 .................................... .8625 

666 .................................... .8875 

667 .................................... .9125 

668 .................................... .9375 

TABLE OF 806–824/851–869 MHZ

CHANNEL DESIGNATIONS—Continued

Channel No. Base frequency

(MHz) 

669 .................................... .9625 

670 .................................... .9875 

671 .................................... 865.0125 

672 .................................... .0375 

673 .................................... .0625 

674 .................................... .0875 

675 .................................... .1125 

676 .................................... .1375 

677 .................................... .1625 

678 .................................... .1875 

679 .................................... .2125 

680 .................................... .2375 

681 .................................... .2625 

682 .................................... .2875 

683 .................................... .3125 

684 .................................... .3375 

685 .................................... .3625 

686 .................................... .3875 

687 .................................... .4125 

688 .................................... .4375 

689 .................................... .4625 

690 .................................... .4875 

691 .................................... .5125 

692 .................................... .5375 

693 .................................... .5625 

694 .................................... .5875 

695 .................................... .6125 

696 .................................... .6375 

697 .................................... .6625 

698 .................................... .6875 

699 .................................... .7125 

700 .................................... .7375 

701 .................................... .7625 

702 .................................... .7875 

703 .................................... .8125 

704 .................................... .8375 

705 .................................... .8625 

706 .................................... .8875 

707 .................................... .9125 

708 .................................... .9375 

709 .................................... .9625 

710 .................................... .9875 

711 .................................... 866.0125 

712 .................................... .0375 

713 .................................... .0625 

714 .................................... .0875 

715 .................................... .1125 

716 .................................... .1375 

717 .................................... .1625 

718 .................................... .1875 

719 .................................... .2125 

720 .................................... .2375 

721 .................................... .2625 

722 .................................... .2875 

723 .................................... .3125 

724 .................................... .3375 

725 .................................... .3625 

726 .................................... .3875 

727 .................................... .4125 

728 .................................... .4375 

729 .................................... .4625 

730 .................................... .4875 

731 .................................... .5125 

732 .................................... .5375 

733 .................................... .5625 

734 .................................... .5875 

735 .................................... .6125 

736 .................................... .6375 

737 .................................... .6625 

738 .................................... .6875 

TABLE OF 806–824/851–869 MHZ

CHANNEL DESIGNATIONS—Continued

Channel No. Base frequency

(MHz) 

739 .................................... .7125 

740 .................................... .7375 

741 .................................... .7625 

742 .................................... .7875 

743 .................................... .8125 

744 .................................... .8375 

745 .................................... .8625 

746 .................................... .8875 

747 .................................... .9125 

748 .................................... .9375 

749 .................................... .9625 

750 .................................... .9875 

751 .................................... 867.0125 

752 .................................... .0375 

753 .................................... .0625 

754 .................................... .0875 

755 .................................... .1125 

756 .................................... .1375 

757 .................................... .1625 

758 .................................... .1875 

759 .................................... .2125 

760 .................................... .2375 

761 .................................... .2625 

762 .................................... .2875 

763 .................................... .3125 

764 .................................... .3375 

765 .................................... .3625 

766 .................................... .3875 

767 .................................... .4125 

768 .................................... .4375 

769 .................................... .4625 

770 .................................... .4875 

771 .................................... .5125 

772 .................................... .5375 

773 .................................... .5625 

774 .................................... .5875 

775 .................................... .6125 

776 .................................... .6375 

777 .................................... .6625 

778 .................................... .6875 

779 .................................... .7125 

780 .................................... .7375 

781 .................................... .7625 

782 .................................... .7875 

783 .................................... .8125 

784 .................................... .8375 

785 .................................... .8625 

786 .................................... .8875 

787 .................................... .9125 

788 .................................... .9375 

789 .................................... .9625 

790 .................................... .9875 

791 .................................... 868.0125 

792 .................................... .0375 

793 .................................... .0625 

794 .................................... .0875 

795 .................................... .1125 

796 .................................... .1375 

797 .................................... .1625 

798 .................................... .1875 

799 .................................... .2125 

800 .................................... .2375 

801 .................................... .2625 

802 .................................... .2875 

803 .................................... .3125 

804 .................................... .3375 

805 .................................... .3625 

806 .................................... .3875 

807 .................................... .4125 

808 .................................... .4375 

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67843

TABLE OF 806–824/851–869 MHZ

CHANNEL DESIGNATIONS—Continued

Channel No. Base frequency

(MHz) 

809 .................................... .4625 

810 .................................... .4875 

811 .................................... .5125 

812 .................................... .5375 

813 .................................... .5625 

814 .................................... .5875 

815 .................................... .6125 

816 .................................... .6375 

817 .................................... .6625 

818 .................................... .6875 

819 .................................... .7125 

820 .................................... .7375 

821 .................................... .7625 

822 .................................... .7875 

823 .................................... .8125 

824 .................................... .8375 

825 .................................... .8625 

826 .................................... .8875 

827 .................................... .9125 

828 .................................... .9375 

829 .................................... .9625 

830 .................................... .9875 

■ 25. Amend Subpart S by adding 

§ 90.614 to read as follows:

§ 90.614 Cellular and non-cellular portions 

of 806–824/851–869 MHz band for nonborder areas. 

The 806–824/851–869 MHz band 

(‘‘800 MHz band’’) will be divided as 

follows at locations farther than 110 km 

(68.4 miles) from the U.S./Mexico 

border and 140 km (87 miles) from the 

U.S./Canadian border (‘‘non-border 

areas’’): 

(a) 800 MHz cellular systems—as 

defined in § 90.7—are prohibited from 

operating on channels 1–550 in nonborder areas. 

(b) 800 MHz cellular systems—as 

defined in § 90.7—are permitted to 

operate on channels 551–830 in nonborder areas. 

(c) In the following counties and 

parishes, 800 MHz cellular systems—as 

defined in § 90.7—are permitted to 

operate on channels 411–830: 

Alabama: Autauga, Baldwin, Barbour, 

Bibb, Blount, Bullock, Butler, Calhoun, 

Chambers, Cherokee, Chilton, Choctaw, 

Clarke, Clay, Cleburne, Coffee, Colbert, 

Conecuh, Coosa, Covington, Crenshaw, 

Cullman, Dale, Dallas, DeKalb, Elmore, 

Escambia, Etowah, Fayette, Franklin, 

Geneva, Greene, Hale, Henry, Houston, 

Jackson, Jefferson, Lamar, Lauderdale, 

Lawrence, Lee, Limestone, Lowndes, 

Macon, Madison, Marengo, Marion, 

Marshall, Mobile, Monroe, Montgomery, 

Morgan, Perry, Pickens, Pike, Randolph, 

Russell, Shelby, St Clair, Sumter, 

Talladega, Tallapoosa, Tuscaloosa, 

Walker, Washington, Wilcox, Winston. 

Florida: Bay, Calhoun, Escambia, 

Franklin, Gadsden, Gulf, Holmes, 

Jackson, Jefferson, Leon, Liberty, 

Madison, Nassau, Okaloosa, Santa Rosa, 

Taylor, Wakulla, Walton, Washington. 

Georgia: Appling, Atkinson, Bacon, 

Baker, Baldwin, Banks, Barrow, Bartow, 

Ben Hill, Berrien, Bibb, Bleckley, 

Brantley, Brooks, Bryan, Bulloch, Burke, 

Butts, Calhoun, Camden, Candler, 

Carroll, Catoosa, Charlton, Chatham, 

Chattahoochee, Chattooga, Cherokee, 

Clarke, Clay, Clayton, Clinch, Cobb, 

Coffee, Colquitt, Columbia, Cook, 

Coweta, Crawford, Crisp, Dade, Dawson, 

Decatur, DeKalb, Dodge, Dooly, 

Dougherty, Douglas, Early, Echols, 

Effingham, Elbert, Emanuel, Evans, 

Fannin, Fayette, Floyd, Forsyth, 

Franklin, Fulton, Gilmer, Glascock, 

Glynn, Gordon, Grady, Greene, 

Gwinnett, Habersham, Hall, Hancock, 

Haralson, Harris, Hart, Heard, Henry, 

Houston, Irwin, Jackson, Jasper, Jeff 

Davis, Jefferson, Jenkins, Johnson, Jones, 

Lamar, Lanier, Laurens, Lee, Liberty, 

Lincoln, Long, Lowndes, Lumpkin, 

Macon, Madison, Marion, McDuffie, 

McIntosh, Meriwether, Miller, Mitchell, 

Monroe, Montgomery, Morgan, Murray, 

Muscogee, Newton, Oconee, Oglethorpe, 

Paulding, Peach, Pickens, Pierce, Pike, 

Polk, Pulaski, Putnam, Quitman, Rabun, 

Randolph, Richmond, Rockdale, Schley, 

Screven, Seminole, Spalding, Stephens, 

Stewart, Sumter, Talbot, Taliaferro, 

Tattnall, Taylor, Telfair, Terrell, 

Thomas, Tift, Toombs, Towns, Treutlen, 

Troup, Turner, Twiggs, Union, Upson, 

Walker, Walton, Ware, Warren, 

Washington, Wayne, Webster, Wheeler, 

White, Whitfield, Wilcox, Wilkes, 

Wilkinson, Worth. 

Louisiana: Catahoula, Concordia, 

Madison, Tensas. 

Mississippi: Adams, Alcorn, Amite, 

Attala, Calhoun, Carroll, Chickasaw, 

Choctaw, Claiborne, Clarke, Clay, 

Copiah, Covington, Forrest, Franklin, 

George, Greene, Grenada, Hancock, 

Harrison, Hinds, Holmes, Itawamba, 

Jackson, Jasper, Jefferson, Jefferson 

Davis, Jones, Kemper, Lamar, 

Lauderdale, Lawrence, Leake, Lee, 

Lincoln, Lowndes, Madison, Marion, 

Monroe, Montgomery, Neshoba, 

Newton, Noxubee, Oktibbeha, Pearl 

River, Perry, Pike, Pontotoc, Prentiss, 

Rankin, Scott, Simpson, Smith, Stone, 

Tippah, Tishomingo, Union, Walthall, 

Warren, Wayne, Webster, Wilkinson, 

Winston, Yazoo. 

North Carolina: Cherokee, Clay, 

Graham, Jackson, Macon. 

South Carolina: Abbeville, Aiken, 

Allendale, Anderson, Bamberg, 

Barnwell, Beaufort, Edgefield, 

Greenwood, Hampton, Jasper, 

McCormick, Oconee. 

Tennessee: Bledsoe, Bradley, 

Franklin, Giles, Hamilton, Hardin, 

Lawrence, Lincoln, Marion, McMinn, 

McNairy, Meigs, Monroe, Moore, Polk, 

Rhea, Sequatchie, Wayne.

■ 26. Section 90.615 is revised to read as 

follows:

§ 90.615 Individual channels available in 

the General Category in 806–824/851–869 

MHz band. 

The General Category will consist of 

channels 231–260 at locations farther 

then 110 km (68.4 miles) from the U.S./

Mexico border and 140 km (87 miles) 

from the U.S./Canadian border. 

(a) Channels 231–260 will be 

available only to eligible applicants in 

the Public Safety Category until January 

21, 2008. These same channels will be 

available only to eligible applicants in 

the Public Safety or Critical 

Infrastructure Industry Categories from 

January 21, 2008. 

(b) All entities will be eligible for 

licensing on Channels 231–260 after 

January 20, 2010.

■ 27. Revise § 90.617 to read as follows:

§ 90.617 Frequencies in the 809.750–824/

854.750–869 MHz, and 896–901/935–940 

MHz bands available for trunked, 

conventional or cellular system use in nonborder areas. 

Except for the counties and parishes 

listed in § 90.614(c), the following 

channels will be available at locations 

farther then 110 km (68.4 miles) from 

the U.S./Mexico border and 140 km (87 

miles) from the U.S./Canadian border 

(‘‘non-border areas’’). The channels in 

the counties and parishes listed in 

§ 90.614(c) will be available in 

accordance with an agreement between 

Southern LINC and Nextel 

Communications, Inc. The agreement 

will be approved by the Chief of the 

Wireless Telecommunications Bureau. 

(a) The channels listed in Table 1 and 

paragraph (a)(1) of this section are 

available for non-cellular operations to 

eligible applicants in the Public Safety 

Category which consists of licensees 

eligible in the Public Safety Pool of 

subpart B of this part. 800 MHz cellular 

systems as defined in § 90.7 are 

prohibited on these channels. These 

frequencies are available in non-border 

areas. Specialized Mobile Radio 

Systems will not be authorized in this 

category. These channels are available 

for intercategory sharing as indicated in 

§ 90.621(e).

TABLE 1.—PUBLIC SAFETY POOL 806–

816/851–861 MHZ BAND CHANNELS

[70 channels] 

Group No. Channel Nos. 

269 ............................ 269–289–311–399–

439 

67844 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

TABLE 1.—PUBLIC SAFETY POOL 806–

816/851–861 MHZ BAND CHANNELS—Continued

[70 channels] 

Group No. Channel Nos. 

270 ............................ 270–290–312–400–

440 

279 ............................ 279–299–319–339–

359 

280 ............................ 280–300–320–340–

360 

309 ............................ 309–329–349–369–

389 

310 ............................ 310–330–350–370–

390 

313 ............................ 313–353–393–441–

461 

314 ............................ 314–354–394–448–

468 

321 ............................ 321–341–361–381–

419 

328 ............................ 328–348–368–388–

420 

351 ............................ 351–379–409–429–

449 

332 ............................ 352–380–410–430–

450 

Single Channels ........ 391, 392, 401, 408, 

421, 428, 459, 460, 

469, 470 

(1) Channel numbers 1–230 are also 

available to eligible applicants in the 

Public Safety Category in non-border 

areas. The assignment of these channels 

will be done in accordance with the 

policies defined in the Report and Order 

of Gen. Docket No. 87–112 (See § 90.16). 

(2) [Reserved] 

(b) Unless otherwise specified, the 

channels listed in Table 2 are available 

for non-cellular operations to applicants 

eligible in the Industrial/Business Pool 

of subpart C of this part but exclude 

Special Mobilized Radio Systems as 

defined in § 90.603(c). 800 MHz cellular 

systems, as defined in § 90.7, are 

prohibited on these channels. These 

frequencies are available in non-border 

areas. Specialized Mobile Radio (SMR) 

systems will not be authorized on these 

frequencies. These channels are 

available for inter-category sharing as 

indicated in § 90.621(e).

TABLE 2.—BUSINESS/INDUSTRIAL/LAND

TRANSPORTATION POOL 806–816/

851–861 MHZ BAND CHANNELS

[100 channels] 

Group No. Channel Nos. 

322 ............................ 322–362–402–442–

482 

323 ............................ 323–363–403–443–

483 

324 ............................ 324–364–404–444–

484 

TABLE 2.—BUSINESS/INDUSTRIAL/LAND

TRANSPORTATION POOL 806–816/

851–861 MHZ BAND CHANNELS—

Continued

[100 channels] 

Group No. Channel Nos. 

325 ............................ 325–365–405–445–

485 

326 ............................ 326–366–406–446–

486 

327 ............................ 327–367–407–447–

487 

342 ............................ 342–382–422–462–

502 

343 ............................ 343–383–423–463–

503 

344 ............................ 344–384–424–464–

504 

345 ............................ 345–385–425–465–

505 

346 ............................ 346–386–426–466–

506 

347 ............................ 347–387–427–467–

507 

Single Channels ........ 261, 271, 281, 291, 

301, 262, 272, 282, 

292, 302, 263, 273, 

283, 293, 303, 264, 

274, 284, 294, 304, 

265, 275, 285, 295, 

305, 266, 276, 286, 

296, 306, 267, 277, 

287, 297, 307, 268, 

278, 288, 298, 308 

(c) The channels listed in Table 3 are 

available to applicants eligible in the 

Industrial/Business Pool of subpart C of 

this part but exclude Special Mobilized 

Radio Systems as defined in § 90.603(c). 

These frequencies are available in nonborder areas. Specialized Mobile Radio 

(SMR) systems will not be authorized on 

these frequencies. These channels are 

available for intercategory sharing as 

indicated in § 90.621(e). 

For multi-channel systems, channels 

may be grouped vertically or 

horizontally as they appear in the 

following table.

TABLE 3.—BUSINESS/INDUSTRIAL/LAND

TRANSPORTATION POOL 896–901/

935–940 MHZ BAND CHANNELS

[199 channels] 

Channel Nos. 

11–12–13–14–15 ...... 211–212–213–214–

215 

16–17–18–19–20 ...... 216–217–218–219–

220 

31–32–33–34–35 ...... 231–232–233–234–

235 

36–37–38–39–40 ...... 236–237–238–239–

240 

51–52–53–54–55 ...... 251–252–253–254–

255 

56–57–58–59–60 ...... 256–257–258–259–

260 

TABLE 3.—BUSINESS/INDUSTRIAL/LAND

TRANSPORTATION POOL 896–901/

935–940 MHZ BAND CHANNELS—

Continued

[199 channels] 

71–72–73–74–75 ...... 271–272–273–274–

275 

76–77–78–79–80 ...... 276–277–278–279–

280 

91–92–93–94–95 ...... 291–292–293–294–

295 

96–97–98–99–100 .... 296–297–298–299–

300 

111–112–113–114–

115.

311–312–313–314–

315 

116–117–118–119–

120.

316–317–318–319–

320 

131–132–133–134–

135.

331–332–333–334–

335 

136–137–138–139–

140.

336–337–338–339–

340 

151–152–153–154–

155.

351–352–353–354–

355 

156–157–158–159–

160.

356–357–358–359–

360 

171–172–173–174–

175.

371–372–373–374–

375 

176–177–178–179–

180.

376–377–378–379–

380 

191–192–193–194–

195.

391–392–393–394–

395 

196–197–198–199–

200.

396–397–398–399 

(d) Unless otherwise specified, the 

channels listed in Tables 4A and 4B are 

available for non-cellular operations 

only to eligibles in the SMR category—

which consists of Specialized Mobile 

Radio (SMR) stations and eligible end 

users. 800 MHz cellular systems, as 

defined in § 90.7 are prohibited on these 

channels. These frequencies are 

available in non-border areas. The 

spectrum blocks listed in Table 4A are 

available for EA-based services (as 

defined by § 90.681) prior to January 21, 

2005. No new EA-based services will be 

authorized after January 21, 2005. EAbased licensees who operate noncellular systems prior to January 21, 

2005 may choose to remain on these 

channels in the non-cellular portion of 

the 800 MHz band (as defined in 

§ 90.614). These licensees may continue 

to operate non-cellular systems and will 

be grandfathered indefinitely. The 

channels listed in Table 4B will be 

available for site-based licensing after 

January 21, 2005 in any Economic Area 

where no EA-based licensee is 

authorized for these channels.

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67845

TABLE 4A.—EA-BASED SMR CATEGORY 806–816/851–861 MHZ

BAND CHANNELS FOR NON-CELLULAR OPERATIONS AVAILABLE

PRIOR TO JANUARY 21, 2005 

[80 channels] 

Spectrum block Channel Nos. 

G ............................... 311–351–391–431–

471 

H ................................ 312–352–392–432–

472 

I ................................. 313–353–393–433–

473 

J ................................ 314–354–394–434–

474 

K ................................ 315–355–395–435–

475 

L ................................ 316–356–396–436–

476 

M ............................... 317–357–397–437–

477 

N ................................ 318–358–398–438–

478 

O ............................... 331–371–411–451–

491 

P ................................ 332–372–412–452–

492 

Q ............................... 333–373–413–453–

493 

R ................................ 334–374–414–454–

494 

S ................................ 335–375–415–455–

495 

T ................................ 336–376–416–456–

496 

U ................................ 337–377–417–457–

497 

V ................................ 338–378–418–458–

498 

TABLE 4B.—SMR CATEGORY 806–

816/851–861 MHZ BAND CHANNELS

FOR NON-CELLULAR OPERATIONS

AVAILABLE FOR SITE-BASED LICENSING AFTER JANUARY 21, 2005 

[80 channels] 

Spectrum block Channel Nos. 

315 ............................ 315–355–395–435–

475 

316 ............................ 316–356–396–436–

476 

317 ............................ 317–357–397–437–

477 

318 ............................ 318–358–398–438–

478 

331 ............................ 331–371–411–451–

491 

332 ............................ 332–372–412–452–

492 

333 ............................ 333–373–413–453–

493 

334 ............................ 334–374–414–454–

494 

335 ............................ 335–375–415–455–

495 

336 ............................ 336–376–416–456–

496 

TABLE 4B.—SMR CATEGORY 806–

816/851–861 MHZ BAND CHANNELS

FOR NON-CELLULAR OPERATIONS

AVAILABLE FOR SITE-BASED LICENSING AFTER JANUARY 21, 2005—

Continued

[80 channels] 

Spectrum block Channel Nos. 

337 ............................ 337–377–417–457–

497 

338 ............................ 338–378–418–458–

498 

Single Channels ........ 431, 432, 433, 434, 

471, 472, 473, 474, 

479, 480, 481, 488, 

489, 490, 499, 500, 

501, 508, 509, 510 

(e) The Channels listed in § 90.614(b) 

and (c) are available to eligibles in the 

SMR category—which consists of 

Specialized Mobile Radio (SMR) 

stations and eligible end users. ESMR 

licensees which employ an 800 MHz 

cellular system, as defined in § 90.7, are 

permitted to operate on these channels 

in non-border areas. ESMR licensees 

authorized prior to January 21, 2005 

may continue to operate, if they so 

choose, on the channels listed in Table 

5. These licensees will be grandfathered 

indefinitely.

TABLE 5.—ESMR CATEGORY 816–

821/861–866 MHZ BAND CHANNELS

FOR CELLULAR OPERATIONS IN NONBORDER AREAS AVAILABLE PRIOR

TO JANUARY 21, 2005 

[200 channels] 

Spectrum block Channel Nos. 

A ................................ 511 through 530 

B ................................ 531 through 590 

C ................................ 591 through 710 

(f) The channels listed in Tables 6 are 

available for operations only to eligibles 

in the SMR category—which consists of 

Specialized Mobile Radio (SMR) 

stations and eligible end users. These 

frequencies are available in non-border 

areas. The spectrum blocks listed below 

are available for EA-based services 

according to § 90.681.

TABLE 6.—SMR CATEGORY 896–901/

935–940 MHZ BAND CHANNELS

[200 channels] 

Block Channel Nos. 

A ................................ 1–2–3–4–5–6–7–8–

9–10 

B ................................ 21–22–23–24–25–

26–27–28–29–30 

TABLE 6.—SMR CATEGORY 896–901/

935–940 MHZ BAND CHANNELS—

Continued

[200 channels] 

Block Channel Nos. 

C ................................ 41–42–43–44–45–

46–47–48–49–50 

D ................................ 61–62–63–64–65–

66–67–68–69–70 

E ................................ 81–82–83–84–85–

86–87–88–89–90 

F ................................ 101–102–103–104–

105–106–107–108–

109–110 

G ............................... 121–122–123–124–

125–126–127–128–

129–130 

H ................................ 141–142–143–144–

145–146–147–148–

149–150 

I ................................. 161–162–163–164–

165–166–167–168–

169–170 

J ................................ 181–182–183–184–

185–186–187–188–

189–190 

K ................................ 201–202–203–204–

205–206–207–208–

209–210 

L ................................ 221–222–223–224–

225–226–227–228–

229–230 

M ............................... 241–242–243–244–

245–246–247–248–

249–250 

N ................................ 261–262–263–264–

265–266–267–268–

269–270 

O ............................... 281–282–283–284–

285–286–287–288–

289–290 

P ................................ 301–302–303–304–

305–306–307–308–

309–310 

Q ............................... 321–322–323–324–

325–326–327–328–

329–330 

R ................................ 341–342–343–344–

345–346–347–348–

349–350 

S ................................ 361–362–363–364–

365–366–367–368–

369–370 

T ................................ 381–382–383–384–

385–386–387–388–

389–390 

(g) Channels below 470 listed in 

Tables 2 and 4B which are vacated by 

ESMR licensees after January 21, 2005 

are available only to eligible applicants 

in the Public Safety Category until 

January 21, 2008. These same channels 

will be available only to eligible 

applicants in the Public Safety or 

Critical Infrastructure Industry 

Categories from January 21, 2008 until 

January 20, 2010. After January 20, 2010 

these channels will revert back to their 

original pool categories. 

67846 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

(h) Channels below 470 listed in 

Tables 2 and 4B which are vacated by 

licensees relocating to Channels 511–

550 after January 21, 2005 are available 

only to eligible applicants in the Public 

Safety Category until January 21, 2008. 

These same channels will be available 

only to eligible applicants in the Public 

Safety or Critical Infrastructure Industry 

Categories from January 21, 2008 until 

January 20, 2010. After January 20, 2010 

these channels will revert back to their 

original pool categories. 

(i) Special Mobilized Radio Systems 

licensees who operate non-cellular 

systems on any of the public safety 

channels listed in Table 1 prior to 

January 21, 2005 are grandfathered and 

may continue to operate on these 

channels indefinitely. These 

grandfathered licensees will be 

prohibited from operating 800 MHz 

cellular systems as defined in § 90.7. 

Site-based licensees who are 

grandfathered on any of the public 

safety channels listed in Table 1 may 

modify their license only if they obtain 

concurrence from a certified public 

safety coordinator in accordance with 

§ 90.175(c). Grandfathered EA-based 

licensees, however, are exempt from any 

of the frequency coordination 

requirements of § 90.175 as long as their 

operations remain within the Economic 

Area defined by their license in 

accordance with the requirements of 

§ 90.683(a). 

(j) Licensees operating ESMR systems 

in the non-cellular portion of the band 

(as defined in § 90.614) prior to January 

21, 2005 may elect to continue operating 

in the non-cellular portion of the band. 

These licensees will be permitted to 

continue operating 800 MHz cellular 

systems (as defined in § 90.7) in the 

non-cellular portion of the band. These 

licensees will be grandfathered 

indefinitely subject to the provisions of 

§§ 90.673, 90.674 and 90.675. 

(k) Licensees may operate systems 

other than 800 MHz cellular systems (as 

defined in § 90.7) on Channels 511–550 

at any location vacated by an EA-based 

SMR licensee. For operations on these 

channels, unacceptable interference (as 

defined in § 22.970 of this chapter and 

§ 90.672) will be deemed to occur only 

at sites where the following median 

desired signals are received (rather than 

those specified in § 22.970(a)(1)(i) of 

this chapter and § 90.672(a)(1)(i)). The 

minimum required median desired 

signal, as measured at the R.F. input of 

the receiver, will be as follows: 

(1) Mobile units: 

(i) For channels 511 to 524—the 

minimum median desired signal levels 

specified in § 22.970(a)(1)(i) of this 

chapter and § 90.672(a)(1)(i) shall apply; 

(ii) For channels 524 to 534—the 

minimum median desired signal level 

shall increase linearly from the values 

specified in § 22.970(a)(1)(i) of this 

chapter and § 90.672(a)(1)(i) to ¥70 

dBm; 

(iii) For channels 534 to 550—the 

minimum median desired signal level 

shall increase linearly from ¥70 dBm to 

¥65 dBm. 

(2) Portable units: 

(i) For channels 511 to 524—the 

minimum median desired signal levels 

specified in § 22.970(a)(1)(i) of this 

chapter and § 90.672(a)(1)(i) shall apply;

(ii) For channels 524 to 530—the 

minimum median desired signal level 

shall increase linearly from the values 

specified in § 22.970(a)(1)(i) of this 

chapter and § 90.672(a)(1)(i) to ¥80 

dBm; 

(iii) For channels 530 to 534—the 

minimum median desired signal level 

shall increase linearly from ¥80 dBm to 

¥70 dBm; 

(iv) For channels 534 to 550—the 

minimum median desired signal level 

shall increase linearly from ¥70 dBm to 

¥65 dBm.

■ 28. Amend § 90.619 by revising the 

section heading and paragraphs (a), (b), 

(c) and (d) introductory text to read as 

follows.

§ 90.619 Operations within the U.S./Mexico 

and U.S./Canada border areas. 

(a) Use of Frequencies in 800 MHz 

Band in Mexico Border Region. All 

operations in the 806–824/851–869 

MHz band within 110 km (68.4 miles) 

of the U.S./Mexico border (‘‘Mexico 

border region’’) shall be in accordance 

with international agreements between 

the U.S. and Mexico. Channels 231–710 

are offset 12.5 kHz lower in frequency 

than those specified in the table in 

§ 90.613. Stations located on Mt. 

Lemmon, serving the Tucson, AZ area, 

will only be authorized offset 

frequencies. 

(b) Use of Frequencies in 900 MHz 

Band in Mexico Border Region. All 

operations in the 896–901/935–940 

MHz band within the Mexico border 

region shall be in accordance with 

international agreements between the 

U.S. and Mexico. 

(1) The channels listed in Table 1 

below are available to applicants 

eligible in the Industrial/Business Pool 

of subpart C of this part but exclude 

Special Mobilized Radio Systems as 

defined in § 90.603(c). These 

frequencies are available within the 

Mexico border region. Specialized 

Mobile Radio (SMR) systems will not be 

authorized on these frequencies. 

For multi-channel systems, channels 

may be grouped vertically or 

horizontally as they appear in the 

following table. Channels numbered 

above 200 may be used only subject to 

the power flux density limits stated in 

paragraph (a)(2) of this section:

TABLE 1.—UNITED STATES/MEXICO

BORDER AREA, BUSINESS/INDUSTRIAL/LAND TRANSPORTATION POOL

896–901/935–940 MHZ BAND

[199 Channels] 

Channel Nos. 

11–12–13–14–15 131–132–133–134–

135 

16–17–18–19–20 136–137–138–139–

140 

31–32–33–34–35 231–232–233–234–

235 

36–37–38–39–40 236–237–238–239–

240 

51–52–53–54–55 171–172–173–174–

175 

56–57–58–59–60 176–177–178–179–

180 

71–72–74–75 271–272–273–274–

275 

76–77–78–79–80 276–277–278–279–

280 

91–92–93–94–95 211–212–213–214–

215 

96–97–98–99–100 216–217–218–219–

220 

111–112–113–114–

115 

311–312–313–314–

315 

116–117–118–119–

120 

316–317–318–319–

320 

151–152–153–154–

155 

351–352–353–354–

355 

156–157–158–159–

160 

356–357–358–359–

360 

191–192–193–194–

195 

391–392–393–394–

395 

196–197–198–199–

200 

396–397–398–399 

251–252–253–254–

255 

331–332–333–334–

335 

256–257–258–259–

260 

336–337–338–339–

340 

291–292–293–294–

295 

371–372–373–374–

375 

296–297–298–299–

300 

376–377–378–379–

380 

(2) The channels listed in Table 2 of 

this section are available for operations 

only to eligibles in the SMR category—

which consists of Specialized Mobile 

Radio (SMR) stations and eligible end 

users. These frequencies are available in 

the Mexico border region. The spectrum 

blocks listed in the table below are 

available for EA-based services 

according to § 90.681.

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67847

TABLE 2.—UNITED STATES-MEXICO

BORDER AREA, SMR CATEGORY

896–901/935–940 MHZ BAND

[200 Channels] 

Block Channel Nos. 

A ....... 1–2–3–4–5–6–7–8–9–10 

B ....... 21–22–23–24–25–26–27–28–29–30 

C ....... 41–42–43–44–45–46–47–48–49–50 

D ....... 61–62–63–64–65–66–67–68–69–70 

E ....... 81–82–83–84–85–86–87–88–89–90 

F ....... 101–102–103–104–105–106–107–

108–109–110 

G ....... 121–122–123–124–125–126–127–

128–129–130 

H ....... 141–142–143–144–145–146–147–

148–149–150 

I ........ 161–162–163–164–165–166–167–

168–169–170 

J ........ 181–182–183–184–185–186–187–

188–189–190 

K ....... 201–202–203–204–205–206–207–

208–209–210 

L ....... 221–222–223–224–225–226–227–

228–229–230 

M ...... 241–242–243–244–245–246–247–

248–249–250 

N ....... 261–262–263–264–265–266–267–

268–269–270 

O ....... 281–282–283–284–285–286–287–

288–289–290 

P ....... 301–302–303–304–305–306–307–

308–309–310 

Q ....... 321–322–323–324–325–326–327–

328–329–330 

R ....... 341–342–343–344–345–346–347–

348–349–350 

S ....... 361–362–363–364–365–366–367–

368–369–370 

T ....... 381–382–383–384–385–386–387–

388–389–390 

Channels numbered above 200 may only be 

used subject to the power flux density limits at 

or beyond the Mexico border as stated in 

paragraph (4) of this section. 

(3) The specific channels that are 

available for licensing in the band 896–

901/935–940 MHz within the Mexico 

border region are subject to Effective 

Radiated Power (ERP) and Antenna 

Height limitations as indicated in Table 

3 below.

TABLE 3.—LIMITS OF EFFECTIVE RADIATED POWER (ERP) CORRESPONDING TO ANTENNA HEIGHTS

OF BASE STATIONS IN THE 896–901/

935–940 MHZ BANDS WITHIN 110 

KILOMETERS (68.4 MILES) OF THE

MEXICAN BORDER

Antenna height above mean 

sea level ERP in 

watts

(maximum) Meters Feet 

0–503 ................ 0–1650 500 

504–609 ............ 1651–2000 350 

610–762 ............ 2001–2500 200 

764–914 ............ 2501–3000 140 

915–1066 .......... 3001–3500 100 

TABLE 3.—LIMITS OF EFFECTIVE RADIATED POWER (ERP) CORRESPONDING TO ANTENNA HEIGHTS

OF BASE STATIONS IN THE 896–901/

935–940 MHZ BANDS WITHIN 110 

KILOMETERS (68.4 MILES) OF THE

MEXICAN BORDER—Continued

Antenna height above mean 

sea level ERP in 

watts

(maximum) Meters Feet 

1067–1219 ........ 3501–4000 75 

1220–1371 ........ 4000–4500 70 

1372–1523 ........ 4501–5000 65 

Above 1523 ...... Above 5000 5 

(4) All channels in the 896–901/935–

940 MHz band are available for 

assignment to U.S. stations within the 

Mexico border region if the maximum 

power flux density (pfd) of the station’s 

transmitted signal at any point at or 

beyond the border does not exceed 

¥107 dB (W/m2). The spreading loss 

must be calculated using the free space 

formula taking into account any antenna 

discrimination in the direction of the 

border. Authorizations for stations using 

channels allotted to Mexico on a 

primary basis will be secondary to 

Mexican operations and conditioned to 

require that licensees take immediate 

action to eliminate any harmful 

interference resulting from the station’s 

transmitted signal exceeding ¥107 dB 

(W/m2). 

(c) Use of 800 MHz Band in Canada 

Border Region. All operations in the 

806–824/851–869 MHz band within 140 

km (87 miles) of the U.S./Canada border 

(‘‘Canada border region’’) shall be in 

accordance with international 

agreements between the U.S. and 

Canada. 

(d) Use of 900 MHz Band in Canada 

Border Region. All operations in the 

896–901/935–940 MHz band within the 

Canada border region shall be in 

accordance with international 

agreements between the U.S. and 

Canada. The following criteria shall 

govern the assignment of frequency 

pairs (channels) in the 896–901/935–

940 MHz band for stations located in the 

U.S./Canada border area. They are 

available for assignments for 

conventional or trunked systems in 

accordance with applicable sections of 

this subpart.

* * * * *

■ 29. Amend § 90.621 by revising 

paragraphs (a), (b) introductory text, 

(b)(1), (b)(3), (c), (e) introductory text, 

(e)(1), (e)(2) introductory text, (e)(2)(i), 

(e)(2)(ii), (f), (g) and (h) to read as follows:

§ 90.621 Selection and assignment of 

frequencies. 

(a) Applicants for frequencies in the 

Public Safety and Business/Industrial/

Land Transportation Categories must 

specify on the application the 

frequencies on which the proposed 

system will operate pursuant to a 

recommendation by the applicable 

frequency coordinator. Applicants for 

frequencies in the SMR Category must 

request specific frequencies by 

including in their applications the 

frequencies requested.

* * * * *

(b) Stations authorized on frequencies 

listed in this subpart, except for those 

stations authorized pursuant to 

paragraph (g) of this section and EAbased and MTA-based SMR systems, 

will be assigned frequencies solely on 

the basis of fixed distance separation 

criteria. The separation between cochannel systems will be a minimum of 

113 km (70 mi) with one exception. For 

incumbent licensees in Channel Blocks 

G through V, that have received the 

consent of all affected parties or a 

certified frequency coordinator to utilize 

an 18 dBμV/m signal strength 

interference contour (see § 90.693), the 

separation between co-channel systems 

will be a minimum of 173 km (107 mi). 

The following exceptions to these 

separations shall apply:

(1) Except as indicated in paragraph 

(b)(4) of this section, no station in 

Channel Blocks A through V shall be 

less than 169 km (105 mi) distant from 

a co-channel station that has been 

granted channel exclusivity and 

authorized 1 kW ERP on any of the 

following mountaintop sites: Santiago 

Peak, Sierra Peak, Mount Lukens, 

Mount Wilson (California). Except as 

indicated in paragraph (b)(4) of this 

section, no incumbent licensee in 

Channel Blocks G through V that has 

received the consent of all affected 

parties or a certified frequency 

coordinator to utilize an 18 dBμV/m 

signal strength interference contour 

shall be less than 229 km (142 mi) 

distant from a co-channel station that 

has been granted channel exclusivity 

and authorized 1 kW ERP on any of the 

following mountaintop sites: Santiago 

Peak, Sierra Peak, Mount Lukens, 

Mount Wilson (California).

* * * * *

(3) Except as indicated in paragraph 

(b)(4) of this section, stations in Channel 

Blocks A through V that have been 

granted channel exclusivity and are 

located in the State of Washington at the 

locations listed in the table below shall 

be separated from co-channel stations 

by a minimum of 169 km (105 mi). 

67848 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

Except as indicated in paragraph (b)(4) 

of this section, incumbent licensees in 

Channel Blocks G through V that have 

received the consent of all affected 

parties or a certified frequency 

coordinator to utilize an 18 dBμV/m 

signal strength interference contour, 

have been granted channel exclusivity 

and are located in the State of 

Washington at the locations listed in the 

table below shall be separated from cochannel stations by a minimum of 229 

km (142 mi). Locations within one mile 

of the geographical coordinates listed in 

the table below will be considered to be 

at that site. 

Note: Coordinates are referenced to 

North American Datum 1983 (NAD83).

Site name North latitude West longitude 

Mount Constitution ....................................................................................................................................... 48° 40′ 47.4′′ 122° 50′ 28.7′′

Lyman Mountain .......................................................................................................................................... 48° 35′ 41.4′′ 122° 09′ 39.6′′

Cultus Mountain ........................................................................................................................................... 48° 25′ 30.4′′ 122° 08′ 58.5′′

Gunsite Ridge .............................................................................................................................................. 48° 03′ 22.4′′ 121° 51′ 41.5′′

Gold Mountain ............................................................................................................................................. 47° 32′ 51.3′′ 122° 46′ 56.5′′

Buck Mountain ............................................................................................................................................. 47° 47′ 05.3′′ 122° 59′ 34.6′′

Cougar Mountain ......................................................................................................................................... 47° 32′ 39.4′′ 122° 06′ 34.4′′

Squak Mountain ........................................................................................................................................... 47° 30′ 14.4′′ 122° 03′ 34.4′′

Tiger Mountain ............................................................................................................................................. 47° 30′ 13.4′′ 121° 58′ 32.4′′

Devils Mountain ........................................................................................................................................... 48° 21′ 52.4′′ 122° 16′ 06.6′′

McDonald Mountain ..................................................................................................................................... 47° 20′ 11.3′′ 122° 51′ 30.5′′

Maynard Hill ................................................................................................................................................. 48° 00′ 58.3′′ 122° 55′ 35.6′′

North Mountain ............................................................................................................................................ 47° 19′ 07.3′′ 123° 20′ 48.6′′

Green Mountain ........................................................................................................................................... 47° 33′ 40.3′′ 122° 48′ 31.5′′

Capitol Peak ................................................................................................................................................ 46° 58′ 21.3′′ 123° 08′ 21.5′′

Rattlesnake Mountain .................................................................................................................................. 47° 28′ 09.4′′ 121° 49′ 17.4′′

Three Sisters Mountain ............................................................................................................................... 47° 07′ 19.4′′ 121° 53′ 34.4′′

Grass Mountain ........................................................................................................................................... 47° 12′ 14.1′′ 121° 47′ 42.4′′

Spar Pole Hill ............................................................................................................................................... 47° 02′ 51.4′′ 122° 08′ 39.4′′

* * * * *

(c) Conventional systems authorized 

on frequencies in the Public Safety 

(except for those systems that have 

participated in a formal regional 

planning process as described in 

§ 90.16) and Business/Industrial/Land 

Transportation categories which have 

not met the loading levels necessary for 

channel exclusivity will not be afforded 

co-channel protection.

* * * * *

(e) Frequencies in the 809–817/854–

862 MHz bands listed as available for 

eligibles in the Public Safety and 

Business/Industrial/Land 

Transportation Categories are available 

for inter-category sharing under the 

following conditions: 

(1) Channels in the Public Safety and 

Business/Industrial/Land 

Transportation categories will be 

available to eligible applicants in those 

categories only if there are no 

frequencies in their own category and 

no public safety systems are authorized 

on those channels under consideration 

to be shared. 

(2) Notwithstanding paragraph (e)(5) 

of this section, licensees of channels in 

the Business/Industrial/Land 

Transportation category may request a 

modification of the license, see § 1.947 

of this chapter, to authorize use of the 

channels for commercial operation. The 

licensee may also, at the same time or 

thereafter, seek authorization to transfer 

or assign the license, see § 1.948 of this 

chapter, to any person eligible for 

licensing in the General or SMR 

categories. Applications submitted 

pursuant to this paragraph must be filed 

in accordance with the rules governing 

other applications for commercial 

channels, and will be processed in 

accordance with those rules. Grant of 

requests submitted pursuant to this 

paragraph is subject to the following 

conditions: 

(i) A licensee that modifies its license 

to authorize commercial operations will 

not be authorized to obtain additional 

800 MHz Business/Industrial/Land 

Transportation category channels for 

sites located within 113 km (70 mi.) of 

the station for which the license was 

modified, for a period of one year from 

the date the license is modified. This 

provision applies to the licensee, its 

controlling interests and their affiliates, 

as defined in § 1.2110 of this chapter. 

(ii) With respect to licenses the initial 

application for which was filed on or 

after November 9, 2000, requests 

submitted pursuant to paragraph (e)(2) 

of this section may not be filed until five 

years after the date of the initial license 

grant. In the case of a license that is 

modified on or after November 9, 2000 

to add 800 MHz Business/Industrial/

Land Transportation frequencies or to 

add or relocate base stations that expand 

the licensee’s interference contour, 

requests submitted pursuant to 

paragraph (e)(2) of this section for these 

frequencies or base stations may not be 

filed until five years after such 

modification.

* * * * *

(f) Licensees of channels in the 

Business/Industrial/Land 

Transportation Categories in the 896–

901/935–940 MHz bands may request a 

modification of the license, see § 1.947 

of this chapter, to authorize use of the 

channels for commercial operation. The 

licensee may also, at the same time, or 

thereafter, seek authorization to transfer 

or assign the license, see § 1.948 of this 

chapter, to any person eligible for 

licensing in the General or SMR 

categories. Applications submitted 

pursuant to this paragraph must be filed 

in accordance with the rules governing 

other applications for commercial 

channels, and will be processed in 

accordance with those rules. 

(g) Applications for Public Safety 

systems (both trunked and 

conventional) in the 806–809/851–854 

MHz bands will be assigned and 

protected based on the criteria 

established in the appropriate regional 

plan. See § 90.16 and the Report and 

Order in General Docket 87–112.

(h) Channel numbers 511–520, 551–

560, 591–600, 631–640, and 671–680 are 

allocated for Basic Exchange 

Telecommunications Radio Service as 

described in § 22.757 of this chapter. 

The FCC has proposed to remove these 

channels from the rural radiotelephone 

service in WT Docket No. 03–103 (FCC 

03–95) released April 28, 2003 (68 FR 

4403 July 25, 2003) which is pending.

§ 90.629 [Amended]

■ 30. Remove and reserve § 90.629 

paragraph (d).

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67849

■ 31. Amend § 90.631 by revising 

paragraph (b) to read as follows:

§ 90.631 Trunked systems loading, 

construction and authorization 

requirements.

* * * * *

(b) Each applicant for a non-SMR 

trunked system must certify that a 

minimum of seventy (70) mobiles for 

each channel authorized will be placed 

into operation within five (5) years of 

the initial license grant. Except for SMR 

systems licensed in the 809–816/854–

861 MHz band and as indicated in 

paragraph (i) of this section, if at the end 

of five (5) years a trunked system is not 

loaded to the prescribed levels and all 

channels in the licensee’s category are 

assigned in the system’s geographic 

area, authorizations for trunked 

channels not loaded to seventy (70) 

mobile stations cancel automatically at 

a rate that allows the licensee to retain 

one channel for every one hundred 

(100) mobiles loaded, plus one 

additional channel. If a trunked system 

has channels from more than one 

category, General Category channels are 

the first channels considered to cancel 

automatically. All non-SMR licensees 

initially authorized before June 1, 1993, 

that are within their original license 

term, or SMR licensees that are within 

the term of a two-year authorization 

granted in accordance with paragraph (i) 

of this section, are subject to this 

condition. A licensee that has 

authorized channels cancelled due to 

failure to meet the loading requirements 

of this section will not be authorized 

additional channels to expand that same 

system for a period of six months from 

the date of cancellation.

* * * * *

■ 32. Amend § 90.645 by revising 

paragraph (g) to read as follows:

§ 90.645 Permissible operations.

* * * * *

(g) Up to five (5) contiguous 809–816/

854–861 band channels as listed in 

§§ 90.615, 90.617, and 90.619 may be 

authorized after justification for systems 

requiring more than the normal single 

channel bandwidth. If necessary, 

licensees may trade channels amongst 

themselves in order to obtain 

contiguous frequencies. Notification of 

such proposed exchanges shall be made 

to the appropriate frequency 

coordinator(s) and to the Commission 

by filing an application for license 

modification.

* * * * *

■ 33. Add §§ 90.672 through 90.677 to 

subpart S and add an undesignated 

center heading before § 90.672 to read as 

follows: 

Procedures and Process—Unacceptable 

Interference

§ 90.672 Unacceptable interference to noncellular 800 MHz licensees from ESMR or 

Part 22 Cellular Radiotelephone systems. 

(a) Definition. Except as provided in 

47 CFR 90.617(k), unacceptable 

interference to non-cellular licensees in 

the 800 MHz band will be deemed to 

occur when the below conditions are 

met: 

(1) A transceiver at a site at which 

interference is encountered: 

(i) Is in good repair and operating 

condition, and is receiving: 

(A) A median desired signal of ¥104 

dBm or higher, as measured at the R.F. 

input of the receiver of a mobile unit; 

or 

(B) A median desired signal of ¥101 

dBm or higher, as measured at the R.F. 

input of the receiver of a portable i.e.

hand-held unit; and, either 

(ii) Is a voice transceiver: 

(A) With manufacturer published 

performance specifications for the 

receiver section of the transceiver equal 

to, or exceeding, the minimum 

standards set out in paragraph (b) of this 

section, and; 

(B) Receiving an undesired signal or 

signals which cause the measured 

Carrier to Noise plus Interference (C/

(I+N)) ratio of the receiver section of 

said transceiver to be less than 20 dB, 

or;

(iii) Is a non-voice transceiver 

receiving an undesired signal or signals 

which cause the measured bit error rate 

(BER) (or some comparable 

specification) of the receiver section of 

said transceiver to be more than the 

value reasonably designated by the 

manufacturer. 

(2) Provided, however, that if the 

receiver section of the mobile or 

portable voice transceiver does not 

conform to the standards set out in 

paragraph (b) of this section, then that 

transceiver shall be deemed subject to 

unacceptable interference only at sites 

where the median desired signal 

satisfies the applicable threshold 

measured signal power in paragraphs 

(a)(1)(i) of this section after an upward 

adjustment to account for the difference 

in receiver section performance. The 

upward adjustment shall be equal to the 

increase in the desired signal required 

to restore the receiver section of the 

subject transceiver to the 20 dB C/(I+N) 

ratio of paragraph (a)(1)(ii)(B) of this 

section. The adjusted threshold levels 

shall then define the minimum 

measured signal power(s) in lieu of 

paragraphs (a)(1)(i) of this section at 

which the licensee using such noncompliant transceiver is entitled to 

interference protection. 

(b) Minimum Receiver Requirements.

Voice transceivers capable of operating 

in the 806–824 MHz portion of the 800 

MHz band shall have the following 

minimum performance specifications in 

order for the system in which such 

transceivers are used to claim 

entitlement to full protection against 

unacceptable interference. (See 

paragraph (a)(2) of this section.) 

(1) Voice units intended for mobile 

use: 75 dB intermodulation rejection 

ratio; 75 dB adjacent channel rejection 

ratio; ¥116 dBm reference sensitivity. 

(2) Voice units intended for portable 

use: 70 dB intermodulation rejection 

ratio; 70 dB adjacent channel rejection 

ratio; ¥116 dBm reference sensitivity.

§ 90.673 Obligation to abate unacceptable 

interference. 

(a) Strict Responsibility. Any licensee 

who, knowingly or unknowingly, 

directly or indirectly, causes or 

contributes to causing unacceptable 

interference to a non-cellular licensee in 

the 800 MHz band, as defined in this 

chapter, shall be strictly accountable to 

abate the interference, with full 

cooperation and utmost diligence, in the 

shortest time practicable. Interfering 

licensees shall consider all feasible 

interference abatement measures, 

including, but not limited to, the 

remedies specified in the interference 

resolution procedures set forth in this 

chapter. This strict responsibility 

obligation applies to all forms of 

interference, including out-of-band 

emissions and intermodulation. 

(b) Joint and Several Responsibility. If 

two or more licensees knowingly or 

unknowingly, directly or indirectly, 

cause or contribute to causing 

unacceptable interference to a noncellular licensee in the 800 MHz band, 

as defined in this chapter, such 

licensees shall be jointly and severally 

responsible for abating interference, 

with full cooperation and utmost 

diligence, in the shortest practicable 

time. This joint and several 

responsibility rule requires interfering 

licensees to consider all feasible 

interference abatement measures, 

including, but not limited to, the 

remedies specified in the interference 

resolution procedures set forth in this 

chapter. This joint and several 

responsibility rule applies to all forms 

of interference, including out-of-band 

emissions and intermodulation. 

(1) This joint and several 

responsibility rule requires interfering 

licensees to consider all feasible 

interference abatement measures, 

including, but not limited to, the 

67850 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

remedies specified in the interference 

resolution procedures set forth in 

§ 90.674(c). This joint and several 

responsibility rule applies to all forms 

of interference, including out-of-band 

emissions and intermodulation. 

(2) Any licensee that can show that its 

signal does not directly or indirectly, 

cause or contribute to causing 

unacceptable interference to a noncellular licensee in the 800 MHz band, 

as defined in this chapter, shall not be 

held responsible for resolving 

unacceptable interference. 

Notwithstanding, any licensee that 

receives an interference complaint from 

a public safety/CII licensee shall 

respond to such complaint consistent 

with the interference resolution 

procedures set forth in this chapter.

§ 90.674 Interference resolution 

procedures before, during and after band 

reconfiguration. 

(a) Initial Notification. Any noncellular licensee operating in the 806–

824/851–869 MHz band who reasonably 

believes it is receiving harmful 

interference, as described in § 90.672, 

shall provide an initial notification of 

the interference incident. This initial 

notification of an interference incident 

shall be sent to all part 22 Cellular 

Radiotelephone licensees and ESMR 

licensees who operate cellular base 

stations (‘‘cell sites’’) within 1,524 

meters (5,000 feet) of the interference 

incident.

(1) The initial notification of 

interference shall include the following 

information on interference: 

(i) The specific geographical location 

where the interference occurs, and the 

time or times at which the interference 

occurred or is occurring; 

(ii) A description of its scope and 

severity, including its source, if known; 

(iii) The relevant Commission 

licensing information of the party 

suffering the interference; and 

(iv) A single point of contact for the 

party suffering the interference. 

(2) ESMR licensees, in conjunction 

with part 22 Cellular Radiotelephone 

licensees, shall establish an electronic 

means of receiving the initial 

notification described in paragraph 

(a)(1) of this section. The electronic 

system must be designed so that all 

appropriate 800 MHz ESMR and part 22 

Cellular Radiotelephone licensees can 

be contacted about the interference 

incident with a single notification. The 

electronic system for receipt of initial 

notification of interference complaints 

must be operating no later than 

February 22, 2005. 

(3) ESMR licensees must respond to 

the initial notification described in 

paragraph (a)(1) of this section, as soon 

as possible and no later than 24 hours 

of receipt of notification from a public 

safety/CII licensee. This response time 

may be extended to 48 hours after 

receipt from other non-cellular licensees 

provided affected communications on 

these systems are not safety related. 

(b) Interference analysis. ESMR 

licensees—who receive an initial 

notification described in paragraph (a) 

of this section—shall perform a timely 

analysis of the interference to identify 

the possible source. Immediate on-site 

visits may be conducted when necessary 

to complete timely analysis. Interference 

analysis must be completed and 

corrective action initiated within 48 

hours of the initial complaint from a 

public safety/CII licensee. This response 

time may be extended to 96 hours after 

the initial complaint from other noncellular licensees provided affected 

communications on these systems are 

not safety related. Corrective action may 

be delayed if the affected licensee agrees 

in writing (which may be, but is not 

required to be, recorded via e-mail or 

other electronic means) to a longer 

period. 

(c) Mitigation Steps. (1) All ESMR and 

part 22 Cellular Radiotelephone 

licensees who are responsible for 

causing unacceptable interference shall 

take all affirmative measures to resolve 

such interference. ESMR licensees 

found to contribute to harmful 

interference, as defined in § 90.672, 

shall resolve such interference in the 

shortest time practicable. ESMR and 

part 22 Cellular Radiotelephone 

licensees must provide all necessary test 

apparatus and technical personnel 

skilled in the operation of such 

equipment as may be necessary to 

determine the most appropriate means 

of timely eliminating the interference. 

However, the means whereby 

interference is abated or the cell 

parameters that may need to be adjusted 

is left to the discretion of involved 

ESMR and/or part 22 Cellular 

Radiotelephone licensees, whose 

affirmative measures may include, but 

not be limited to, the following 

techniques: 

(i) Increasing the desired power of the 

public safety signal; 

(ii) Decreasing the power of the ESMR 

and/or part 22 Cellular Radiotelephone 

signal; 

(iii) Modifying the ESMR and/or part 

22 Cellular Radiotelephone systems 

antenna height; 

(iv) Modifying the ESMR and/or part 

22 Cellular Radiotelephone system 

antenna characteristics; 

(v) Incorporating filters into ESMR 

and/or part 22 Cellular Radiotelephone 

system transmission equipment; 

(vi) Permanently changing ESMR and/

or part 22 Cellular Radiotelephone 

system frequencies; and 

(vii) Supplying interference-resistant 

receivers to the affected public safety 

licensee(s). If this technique is used, in 

all circumstances, the ESMR and/or part 

22 Cellular Radiotelephone licensees 

shall be responsible for all costs thereof. 

(2) Whenever short-term interference 

abatement measures prove inadequate, 

the affected licensee shall, consistent 

with but not compromising safety, make 

all necessary concessions to accepting 

interference until a longer-term remedy 

can be implemented.

(3) Discontinuing operations when 

clear and imminent danger exists. When 

a public safety licensee determines that 

a continuing presence of interference 

constitutes a clear and imminent danger 

to life or property, the licensee causing 

the interference must discontinue the 

associated operation immediately, until 

a remedy can be identified and applied. 

The determination that a continuing 

presence exists that constitutes a clear 

and imminent danger to life or property, 

must be made by written statement that: 

(i) Is in the form of a declaration, 

notarized affidavit, or statement under 

penalty or perjury, from an officer or 

executive of the affected public safety 

licensee; 

(ii) Thoroughly describes the basis of 

the claim of clear and imminent danger; 

(iii) Was formulated on the basis of 

either personal knowledge or belief after 

due diligence; 

(iv) Is not proffered by a contractor or 

other third party; and 

(v) Has been approved by the Chief of 

the Wireless Telecommunication 

Bureau or other designated Commission 

official. Prior to the authorized official 

making a determination that a clear and 

imminent danger exists, the associated 

written statement must be served by 

hand-delivery or receipted fax on the 

applicable offending licensee, with a 

copy transmitted by the fastest available 

means to the Washington, DC office of 

the Commission’s Wireless 

Telecommunications Bureau.

§ 90.675 Information exchange. 

(a) Prior Coordination. Public safety/

CII licensees may notify an ESMR or 

part 22 Cellular Radiotelephone licensee 

that they wish to receive prior 

notification of the activation or 

modification of ESMR or part 22 

Cellular Radiotelephone cell sites in 

their area. Thereafter, the ESMR or part 

22 Cellular Radiotelephone licensee 

must provide the following information 

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67851

to the public safety/CII licensee at least 

10 business days before a new cell site 

is activated or an existing cell site is 

modified: 

(1) Location; 

(2) Effective radiated power; 

(3) Antenna height; 

(4) Channels available for use. 

(b) Purpose of Prior Coordination. The 

coordination of cell sites is for 

informational purposes only: public 

safety/CII licensees are not afforded the 

right to accept or reject the activation of 

a proposed cell or to unilaterally require 

changes in its operating parameters. The 

principal purposes of notification are to: 

(1) Allow a public safety/CII licensee 

to advise the ESMR or part 22 Cellular 

Radiotelephone licensee whether it 

believes a proposed cell will generate 

unacceptable interference; 

(2) Permit ESMR or part 22 Cellular 

Radiotelephone licensees to make 

voluntary changes in cell parameters 

when a public safety licensee alerts 

them to possible interference; and 

(3) Rapidly identify the source if 

interference is encountered when the 

cell is activated. 

(c) Public Safety Information 

Exchange. (1) Upon request by an ESMR 

or part 22 Cellular Radiotelephone 

licensee, public safety/CII licensees who 

operate radio systems in the 806–824/

851–869 MHz shall provide the 

operating parameters of their radio 

system to the ESMR or part 22 Cellular 

Radiotelephone licensee. 

(2) Public safety licensees who 

perform the information exchange as 

described in this section must notify the 

appropriate ESMR and part 22 Cellular 

Radiotelephone licensees prior to any 

technical changes to their radio system.

§ 90.676 Transition administrator for 

reconfiguration of the 806–824/851–869 MHz 

band in order to separate cellular systems 

from non-cellular systems. 

The Transition Administrator will be 

an independent party with no financial 

interest in any 800 MHz licensee; and 

will be selected by a committee 

representative of 800 MHz licensees. 

The Transition Administrator will serve 

both a ministerial role and a function 

similar to a special master in a judicial 

proceeding. 

(a) The duties of the Transition 

Administrator will include, but not be 

limited to:

(1) Obtaining estimates from licensees 

regarding the cost of reconfiguring their 

systems and ensuring that estimates 

contain a firm work schedule. The 

Transition Administrator will retain 

copies of all estimates and make them 

available to the Commission on request. 

(2) Mediating disputes regarding cost 

estimates for reconfiguring a system. 

(3) Issuing the Draw Certificate to 

authorize and instruct the Letter of 

Credit Trustee to draw down on the 

Letter of Credit to pay relocation costs 

in connection with reconfiguring a 

licensee’s system. 

(4) Establishing a relocation schedule 

on a NPSPAC region-by-region basis, 

prioritizing the regions on the basis of 

population. However, should a given 

region be encountering unusually severe 

amounts of unacceptable interference, 

that region may be moved up in priority. 

Any party disputing such a change in 

priority may refer the matter to the Chief 

of the Public Safety and Critical 

Infrastructure Division, who hereby is 

delegated the authority to resolve such 

disputes. The Transition Administrator 

may direct that adjoining regions be 

reconfigured simultaneously when 

conditions so require. 

(5) The Transition Administrator will 

coordinate relocation of a NPSPAC 

Region’s NPSPAC channels with the 

relevant Regional Planning 

Committee(s) prior to commencing band 

reconfiguration in a NPSPAC Region. 

(b) Once band reconfiguration 

commences in a given NPSPAC Region, 

the Transition Administrator will; 

(1) Monitor the retuning schedule and 

resolve any schedule delays or refer 

same to the Public Safety and Critical 

Infrastructure Division for resolution; 

(2) Coordinate with adjoining 

NPSPAC Regions to ensure that 

interference is not being caused to their 

existing facilities from relocated 

stations; 

(3) Provide quarterly progress reports 

to the Commission in such detail as the 

Commission may require and include, 

with such reports, certifications by 

Nextel and the relevant licensees that 

relocation has been completed and that 

both parties agree on the amount 

received from the letter of credit 

proceeds in connection with relocation 

of the licensees’ facilities. The report 

shall include description of any 

disputes that have arisen and the 

manner in which they were resolved. 

These quarterly reports need not be 

audited; 

(4) Provide to the Public Safety and 

Critical Infrastructure Division, on the 

anniversary of January 21, 2005, an 

audited statement of relocation funds 

expended to date, including salaries and 

expenses of Transition Administrator; 

(5) Facilitate resolution of disputes by 

mediation; or referral of the parties to 

alternative dispute resolution services; 

(c) The Transition Administrator may 

not serve as the repository of funds used 

in band reconfiguration, excepting such 

sums as Nextel may pay for the 

Transition Administrator’s services. 

Moreover, the Transition Administrator 

will not be certified by the Commission 

as a frequency coordinator.

§ 90.677 Reconfiguration of the 806–824/

851–869 MHz band in order to separate 

cellular systems from non-cellular systems. 

In order to facilitate reconfiguration of 

the 806–824/851–869 MHz band (‘‘800 

MHz band’’) to separate cellular systems 

from non-cellular systems, Nextel 

Communications, Inc. (Nextel) may 

relocate incumbents within the 800 

MHz band by providing ‘‘comparable 

facilities.’’ For the limited purpose of 

band reconfiguration, the provisions of 

§ 90.157 shall not apply and intercategory sharing will be permitted 

under all circumstances. Such 

relocation is subject to the following 

provisions: 

(a) Within thirty days of Commission 

approval of the Transition 

Administrator, the Transition 

Administrator described in § 90.676 will 

provide the Commission with a 

schedule detailing when band 

reconfiguration shall commence for 

each NPSPAC Region. The plan should 

also detail—by NPSPAC Region—which 

relocation option each non-Nextel 

ESMR licensees has chosen. The Chief 

of the Public Safety and Critical 

Infrastructure Division of the Wireless 

Telecommunications Bureau will 

finalize and approve such a plan. The 

schedule shall provide for completion of 

band reconfiguration in no more than 

thirty-six months following release of a 

public notice announcing the start date 

of reconfiguration in the first NPSPAC 

region. Relocation will commence 

according to the schedule set by the 

Transition Administrator but all systems 

must have commenced reconfiguration 

within thirty months of release of a 

public notice announcing the start date 

of reconfiguration in the first NPSPAC 

region. 

(b) Voluntary negotiations. Thirty 

days before the start date for each 

NPSPAC region, the Chief of the Public 

Safety and Critical Infrastructure 

Division of the Wireless 

Telecommunications Bureau will issue 

a public notice initiating a three-month 

voluntary negotiation period. During 

this voluntary negotiation period, 

Nextel and all incumbents may 

negotiate any mutually agreeable 

relocation agreement. Nextel and 

relocating incumbents may agree to 

conduct face-to-face negotiations or 

either party may elect to communicate 

with the other party through the 

Transition Administrator. 

(c) Mandatory negotiations. If no 

agreement is reached by the end of the 

voluntary period, a three-month 

67852 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

mandatory negotiation period will begin 

during which both Nextel and the 

incumbents must negotiate in ‘‘good 

faith.’’ Nextel and relocating 

incumbents may agree to conduct faceto-face negotiations or either party may 

elect to communicate with the other 

party through the Transition 

Administrator. All parties are charged 

with the obligation of utmost ‘‘good 

faith’’ in the negotiation process. Among 

the factors relevant to a ‘‘good-faith’’

determination are: 

(1) Whether the party responsible for 

paying the cost of band reconfiguration 

has made a bona fide offer to relocate 

the incumbent to comparable facilities; 

(2) The steps the parties have taken to 

determine the actual cost of relocation 

to comparable facilities; and 

(3) Whether either party has 

unreasonably withheld information, 

essential to the accurate estimation of 

relocation costs and procedures, 

requested by the other party. The 

Transition Administrator may schedule 

mandatory settlement negotiations and 

mediation sessions and the parties must 

conform to such schedules. 

(d) Transition Administrator. If no 

agreement is reached during either the 

voluntary or mandatory negotiating 

periods, all disputed issues shall be 

referred to the Transition Administrator 

who shall mediate and attempt to 

resolve them within thirty working 

days. If disputed issues remain thirty 

days after the end of the mandatory 

negotiation period; the Transition 

Administrator shall forward the record 

to the Chief of the Public Safety and 

Critical Infrastructure Division, together 

with advice on how the matter(s) may 

be resolved. The Chief of the Public 

Safety and Critical Infrastructure 

Division is hereby delegated the 

authority to rule on disputed issues, de 

novo.

(e) Waiver Requests. Incumbents who 

wish not to relocate according to the 

schedule may petition the Commission 

for a waiver of the relocation obligation. 

Such a waiver would only be granted on 

a strict non-interference basis. 

(f) Comparable Facilities. The 

replacement system provided to an 

incumbent must be at least equivalent to 

the existing 800 MHz system with 

respect to the four factors described in 

§ 90.699(d) part. 

(g) Information Exchange. Absent 

agreement between parties, the 

Transition Administrator will be 

responsible for determining the 

information that relocating incumbents 

must supply in support of a relocation 

agreement. 

(h) The relevant Regional Planning 

Committee shall be informed of any 

proposed changes to any NPSPAC 

channel.

■ 34. Amend subpart S by revising the 

undesignated center heading before 

§ 90.681 to read as follows: 

Policies Governing the Licensing and 

Use of EA-Based SMR Systems in the 

809–824/851–869 MHz Band

■ 35. Revise § 90.681 to read as follows:

§ 90.681 EA-based SMR service areas. 

EA licenses in for channels 711 

through 830 and Spectrum Blocks A 

through V listed in Tables 4 and 5 of 

§ 90.617 are available in 175 Economic 

Areas (EAs) as defined in § 90.7.

■ 36. Amend § 90.683 by revising 

paragraph (a) introductory text to read as 

follows:

§ 90.683 EA-based SMR system 

operations.

(a) EA-based licensees authorized in 

the 809–824/854–869 MHz band 

pursuant to § 90.681 of this part may 

construct and operate base stations 

using any of the base station frequencies 

identified in their spectrum block 

anywhere within their authorized EA, 

provided that:

* * * * *

■ 37. Amend § 90.685 by revising 

paragraphs (a) and (b) to read as follows:

§ 90.685 Authorization, construction and 

implementation of EA licenses. 

(a) EA licenses in the 809–824/854–

869 MHz band will be issued for a term 

not to exceed ten years. Additionally, 

EA licensees generally will be afforded 

a renewal expectancy only for those 

stations put into service after August 10, 

1996. 

(b) EA licensees in the 809–824/854–

869 MHz band must, within three years 

of the grant of their initial license, 

construct and place into operation a 

sufficient number of base stations to 

provide coverage to at least one-third of 

the population of its EA-based service 

area. Further, each EA licensee must 

provide coverage to at least two-thirds 

of the population of the EA-based 

service area within five years of the 

grant of their initial license. 

Alternatively, EA licensees in Channel 

blocks G through V in the 809–824/854–

869 MHz band must provide substantial 

service to their markets within five 

years of the grant of their initial license. 

Substantial service shall be defined as: 

‘‘Service which is sound, favorable, and 

substantially above a level of mediocre 

service.’’

* * * * *

■ 38. Revise § 90.687 to read as follows:

§ 90.687 Special provisions regarding 

assignments and transfers of 

authorizations for incumbent SMR 

licensees in the 809–824/854–869 MHz 

band. 

An SMR license initially authorized 

on any of the channels listed in Tables 

4 and 5 of § 90.617 may transfer or 

assign its channel(s) to another entity 

subject to the provisions of § 1.948 of 

this chapter and § 90.609(b). If the 

proposed transferee or assignee is the 

EA licensee for the spectrum block to 

which the channel is allocated, such 

transfer or assignment presumptively 

will be deemed to be in the public 

interest. However, such presumption 

will be rebuttable.

■ 39. Amend § 90.693 by revising 

paragraphs (a), (c), and (d)(2) to read as 

follows:

§ 90.693 Grandfathering provisions for 

incumbent licensees. 

(a) General provisions. These 

provisions apply to ‘‘incumbent 

licensees,’’ all 800 MHz licensees 

authorized in the 809–821/854–866 

MHz band who obtained licenses or 

filed applications on or before December 

15, 1995.

* * * * *

(c) Special provisions for spectrum 

blocks G through V. Incumbent 

licensees that have received the consent 

of all affected parties or a certified 

frequency coordinator to utilize an 18 

dBμV/m signal strength interference 

contour shall have their service area 

defined by their originally-licensed 36 

dBμV/m field strength contour and their 

interference contour shall be defined as 

their originally-licensed 18 dBμV/m 

field strength contour. The originallylicensed contour shall be calculated 

using the maximum ERP and the actual 

HAAT along each radial. Incumbent 

licensees seeking to utilize an 18 dBμV/

m signal strength interference contour 

shall first seek to obtain the consent of 

affected co-channel incumbents. When 

the consent of a co-channel licensee is 

withheld, an incumbent licensee may 

submit to any certified frequency 

coordinator an engineering study 

showing that interference will not 

occur, together with proof that the 

incumbent licensee has sought consent. 

Incumbent licensees are permitted to 

add, remove or modify transmitter sites 

within their original 18 dBμV/m field 

strength contour without prior 

notification to the Commission so long 

as their original 18 dBμV/m field 

strength contour is not expanded and 

the station complies with the 

Commission’s short-spacing criteria in 

§§ 90.621(b)(4) through 90.621(b)(6). 

Incumbent licensee protection extends 

Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67853

only to its 36 dBμV/m signal strength 

contour. Pursuant to the minor 

modification notification procedure set 

forth in § 1.947(b) of this chapter, the 

incumbent licensee must notify the 

Commission within 30 days of any 

changes in technical parameters or 

additional stations constructed that fall 

within the short-spacing criteria. See 47 

CFR 90.621(b). 

(d) * * *

(2) Special Provisions for Spectrum 

Blocks G through V. Incumbent 

licensees that have received the consent 

of all affected parties or a certified 

frequency coordinator to utilize an 18 

dBμV/m signal strength interference 

contour operating at multiple sites may, 

after grant of EA licenses has been 

completed, exchange multiple site 

licenses for a single license. This single 

site license will authorize operations 

throughout the contiguous and 

overlapping 36 dBμV/m field strength 

contours of the multiple sites. 

Incumbents exercising this license 

exchange option must submit specific 

information on Form 601 for each of 

their external base sites after the close 

of the 800 SMR auction. The 

incumbent’s geographic license area is 

defined by the contiguous and 

overlapping 18 dBμV/m contours of its 

constructed and operational external 

base stations and interior sites that are 

constructed within the construction 

period applicable to the incumbent. 

Once the geographic license is issued, 

facilities that are added within an 

incumbent’s existing footprint and that 

are not subject to prior approval by the 

Commission will not be subject to 

construction requirements.

[FR Doc. 04–24840 Filed 11–19–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 22, 24, 74, 78 and 90 

[WT Docket No. 02–55; ET Docket No. 00–

258; ET Docket No. 95–18, RM–9498; RM–

10024; FCC 04–253] 

The 800 MHz Public Safety Interference 

Proceeding; Extension of Deadlines

AGENCY: Federal Communications 

Commission.

ACTION: Final rule; extension of 

compliance deadlines. 

SUMMARY: The Federal Communications 

Commission extends certain deadlines 

set out in the Commission’s initial 800 

MHz Report and Order (Order) released 

on August 6, 2004. The summary of the 

order and the rules issued pursuant to 

the order are published in the Rules and 

Regulations section in this issue. The 

Commission extended the deadlines in 

order to afford interested parties to the 

proceeding additional time to comply 

with certain deadlines that are set forth 

in the full text version of the Order, 

released August 6, 2004.

DATES: The deadlines, as described in 

SUPPLEMENTARY INFORMATION, are 

extended an additional forty-five (45) 

days. For example, actions that 

previously were required within thirty 

(30) or sixty (60) days of Federal 

Register publication of the Order are 

now required by February 7, 2005, or 

March 7, 2005, respectively. The 

Commission is not deferring the 

effective date of the rules in this 

proceeding published elsewhere in this 

issue.

ADDRESSES: All filings must be 

addressed to the Commission’s 

Secretary, Marlene H. Dortch, Office of 

the Secretary, Federal Communications 

Commission, 445 12th Street, SW., Suite 

TW–A325, Washington, DC 20554. One 

(1) courtesy copy must be delivered to 

Roberto Mussenden, Esq. at the Federal 

Communications Commission, Wireless 

Telecommunications Bureau, Public 

Safety and Critical Infrastructure 

Division, 445 12th Street, SW., Suite 5–

C140, Washington, DC 20554, or via email, roberto.mussenden@fcc.gov, and 

one (1) copy must be sent to Best Copy 

and Printing, Inc., Portals II, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160, or via e-mail, http://

www.bcpiweb.com.

FOR FURTHER INFORMATION CONTACT: John 

Evanoff, Esq. or Roberto Mussenden, 

Esq., Public Safety and Critical 

Infrastructure Division, Wireless 

Telecommunications Bureau at (202) 

418–0680.

SUPPLEMENTARY INFORMATION: This is a 

summary of a Public Notice released by 

the Federal Communications 

Commission on October 22, 2004, 

extending certain deadlines set forth in 

the Order. 

1. The extension of deadlines was 

prompted in order to avoid uncertainty 

for Nextel Communications, Inc. 

(Nextel) and certain other 800 MHz 

licensees, while the Commission seeks 

expedited comment on issues raised in 

certain ex parte presentations. The 

request for comments is designed to 

develop a full and complete record and 

to further the effective implementation 

of the 800 MHz band reconfiguration 

process. These issues are published in 

the Proposed Rules section of this issue. 

Therefore, the Commission believes it is 

appropriate to provide affected parties 

additional time in which to comply 

with certain deadlines set forth in the 

Order, released on August 6, 2004, a 

summary of which is published in the 

Rules and Regulations section of this 

issue. For this reason, with the 

exception of the statutory deadlines for 

filing petitions for reconsideration and 

for seeking judicial review of the Order, 

the Commission extends these deadlines 

by 45 days. For example, actions that 

previously were required within thirty 

(30) or sixty (60) days of Federal 

Register publication of the 800 MHz 

Report and Order are now required by 

February 7, 2005, or March 7, 2005, 

respectively. The Commission is not 

deferring the effective date of the rules 

in this proceeding published elsewhere 

in this issue. Specifically, the 

Commission extends the following 

deadlines an additional 45 days:

2. The Commission extends the 

deadlines contained in paragraph 342 of 

the Order. Paragraph 342 of the Order

provides that:

‘‘pursuant to Section 309 and 316 of the 

Communications Act of 1934, as amended, 

47 U.S.C. §§ 309, and 316, the licenses of all 

800 MHz band licensees (including, but not 

limited to, Nextel Communications, Inc.), are 

hereby modified as specified in this Report 

and Order; provided, however, that in the 

event Nextel rejects any of the conditions for 

modification required in this Report and 

Order, all the modifications of all the 800 

MHz licenses specified in this Report and 

Order are suspended unless and until the 

Commission orders otherwise. Nextel will be 

deemed to have rejected such conditions (a) 

unless it files with the Commission a written 

acceptance of all such conditions within 

thirty days of the publication of this Report 

and Order in the Federal Register, or (b) if 

it files a judicial appeal of this Report and 

Order within thirty days of the publication of 

this Report and Order in the Federal 

Register. Pursuant to Section 316(a)(1) of the 

Communications Act of 1934, as amended, 

47 U.S.C. § 316(a)(1), publication of this 

Report and Order in the Federal Register

shall constitute notification in writing of our 

Order modifying Nextel’s 800 MHz licenses 

and those of all other 800 MHz licenses, and 

of the grounds and reasons therefore, and 

Nextel and these other 800 MHz licensees 

shall have thirty days from the date of such 

publication to protest such Order.’’

3. The Commission extends the 

deadlines contained and referenced in 

paragraph 344 of the Order (as amended 

by the Second Erratum in this docket 

released October 6, 2004). Paragraph 

344, as amended, provides that:

‘‘within sixty days of the publication of this 

Report and Order in the Federal Register, 

Nextel shall comply with the following 

conditions precedent to its operations on the 

1.9 GHz band:

• Nextel shall certify that it has obtained 

an irrevocable letter of credit, in all material