[Federal Register Volume 62, Number 170 (Wednesday, September 3, 1997)]
[Proposed Rules]
[Pages 46468-46470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23301]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 97-153, RM-8584, RM-8623, RM-8680, RM-8734; FCC 97-239]


Amendments to Part 90 Private Land Mobile Radio Service Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has released a Notice of Proposed Rule Making 
that proposes several amendments to the part 90 Private Land Mobile 
Radio Services rules. This action was initiated in response to 
petitions for rulemaking concerning eliminating certain frequency 
coordination requirements in the Business Radio Service, the 
transmission of safety alerting signals on Radiolocation Service 
frequencies, and modifying construction and loading requirements for 
private, non-Specialized Mobile Radio systems operating in the 800 and 
900 MHz bands. The proposed rules will reduce the regulatory burden on 
licensees, and will promote more efficient and flexible use of the 
private land mobile radio frequency spectrum. Additionally, comments 
are requested on potential interference problems resulting from shared 
use of the 216-217 MHz band under parts 90 and 95 of the rules.

DATES: Comments are due October 3, 1997. Reply comments are due October 
17, 1997.

FOR FURTHER INFORMATION CONTACT: Gene Thomson, Policy and Rules Branch, 
Public Safety and Private Wireless Division, Wireless 
Telecommunicatioons Bureau, (202) 418-0680.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making (Notice), WT Docket No. 97-153, FCC 97-239, 
adopted July 2, 1997, and released August 25, 1997. The full text of 
this Notice is available for inspection and copying during normal 
business hours in the FCC Reference Center, Room 246, 1919 M Street 
NW., Washington, D.C. The complete text may be purchased from the 
Commission's copy contractor, ITS, Inc., 1231 20th St. NW., Washington, 
DC. 20036, telephone (202) 857-3800.

Summary of Notice of Proposed Rule Making

    1. The Commission has released a Notice of Proposed Rule Making 
that proposes several amendments to part 90 of the rules concerning the 
Private Land Mobile Radio (PLMR) Services.
    2. In response to a Petition for Rule Making filed by the Council 
of Independent Communications Suppliers, (RM-8623), the Notice proposes 
the elimination of frequency coordination requirements for five low-
power frequencies in the Business Radio Service.
    3. In response to a Petition for Rule Making filed by the Radio 
Association Defending Airwave Rights, (RM-8734), the Notice proposes to 
permit the transmission of safety alerting signals in the 24.05-24.25 
GHz band in the Radiolocation Service. The Notice also proposes to 
extend use of 24.05-24.25 GHz band frequencies to permit traffic light 
control by emergency vehicles.
    4. In response to a Petition for Rule Making filed by the Alliance 
of 800/900 MHz Licensees, (RM-8584), the Notice proposes to modify the 
construction requirements for private, non-Specialized Mobile Radio 
systems operating in the 800 and 900 MHz bands. The Notice declines to 
also change the mobile loading and reporting requirements for 800 and 
900 MHz non-SMR systems.
    5. As requested in a Petition for Rule Making filed jointly by the 
Industrial Telecommunications Association and the Council of 
Independent Communications Suppliers, (RM-8680), the Notice declines to 
amend the part 90 and part 13 rules to establish a PLMR Services Radio 
Maintainers License and to require persons installing and servicing 
land mobile radio equipment to have such a license.
    6. Additionally, the Notice requests comments on potential 
interference problems resulting from shared use of the 216-217 MHz band 
under parts 90 and 95 of the rules.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Changes

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

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

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

    Authority: Secs. 4, 303, and 332, 48 Stat. 1066, 1082, as 
amended: 47 U.S.C. 154, 303, and 332, unless otherwise noted.

    2. Section 90.17 is proposed to be amended by revising paragraph 
(e)(4) to read as follows:


Sec. 90.17  Local Government Radio Service.

* * * * *
    (e) * * *
    (4) A licensee of a radio station in this service may operate radio 
units for the purpose of determining distance, direction, speed, or 
position by means of a radiolocation device on any frequency available 
for radiolocation purposes without additional authorization from the 
Commission, provided type accepted equipment or equipment authorized 
pursuant to Secs. 90.203(b)(4) and (b)(5) is used, and all other rule 
provisions are satisfied. A licensee in this service may also operate, 
subject to all of the foregoing conditions and on a secondary basis, 
radio units at fixed locations and in emergency vehicles that transmit 
on the frequency 24.10 GHz, both unmodulated continuous wave radio 
signals and modulated FM digital signals for the purpose of alerting 
motorists to hazardous driving conditions or the presence of an 
emergency vehicle. Unattended and continuous operation of such 
transmitters will be permitted. Additionally, licensees may utilize 
type accepted equipment operating in the 24.20-24.25 GHz portion of the 
24.05-24.25 GHz band for traffic light control purposes without 
additional authorization and on a secondary basis.

[[Page 46469]]

    3. Section 90.19 is proposed to be amended by revising paragraph 
(g)(6) to read as follows:


Sec. 90.19  Police Radio Service.

* * * * *
    (g) * * *
    (6) A licensee of a radio station in this service may operate radio 
units for the purpose of determining distance, direction, speed, or 
position by means of a radiolocation device on any frequency available 
for radiolocation purposes without additional authorization from the 
Commission, provided type accepted equipment or equipment authorized 
pursuant to Secs. 90.203(b)(4) and (b)(5) is used, and all other rule 
provisions are satisfied. A licensee in this service may also operate, 
subject to all of the foregoing conditions and on a secondary basis, 
radio units at fixed locations and in emergency vehicles that transmit 
on the frequency 24.10 GHz, both unmodulated continuous wave radio 
signals and modulated FM digital signals for the purpose of alerting 
motorists to hazardous driving conditions or the presence of an 
emergency vehicle. Unattended and continuous operation of such 
transmitters will be permitted. Additionally, licensees may utilize 
type accepted equipment operating in the 24.20-24.25 GHz portion of the 
24.05-24.25 GHz band for traffic light control purposes without 
additional authorization and on a secondary basis.
    4. Section 90.21 is proposed to be amended by revising paragraph 
(e)(4) to read as follows:


Sec. 90.21  Fire Radio Service.

* * * * *
    (e) * * *
    (4) A licensee of a radio station in this service may operate radio 
units for the purpose of determining distance, direction, speed, or 
position by means of a radiolocation device on any frequency available 
for radiolocation purposes without additional authorization from the 
Commission, provided type accepted equipment or equipment authorized 
pursuant to Secs. 90.203 (b)(4) and (b)(5) is used, and all other rule 
provisions are satisfied. A licensee in this service may also operate, 
subject to all of the foregoing conditions and on a secondary basis, 
radio units at fixed locations and in emergency vehicles that transmit 
on the frequency 24.10 GHz, both unmodulated continuous wave radio 
signals and modulated FM digital signals for the purpose of alerting 
motorists to hazardous driving conditions or the presence of an 
emergency vehicle. Unattended and continuous operation of such 
transmitters will be permitted. Additionally, licensees may utilize 
type accepted equipment operating in the 24.20-24.25 GHz portion of the 
24.05-24.25 GHz band for traffic light control purposes without 
additional authorization and on a secondary basis.
    5. Section 90.23 is proposed to be amended by revising paragraph 
(e)(3) to read as follows:


Sec. 90.23  Highway Maintenance Radio Service.

* * * * *
    (e) * * *
    (3) A licensee of a radio station in this service may operate radio 
units for the purpose of determining distance, direction, speed, or 
position by means of a radiolocation device on any frequency available 
for radiolocation purposes without additional authorization from the 
Commission, provided type accepted equipment or equipment authorized 
pursuant to Secs. 90.203 (b)(4) and (b)(5) is used, and all other rule 
provisions are satisfied. A licensee in this service may also operate, 
subject to all of the foregoing conditions and on a secondary basis, 
radio units at fixed locations and in emergency vehicles that transmit 
on the frequency 24.10 GHz, both unmodulated continuous wave radio 
signals and modulated FM digital signals for the purpose of alerting 
motorists to hazardous driving conditions or the presence of an 
emergency vehicle. Unattended and continuous operation of such 
transmitters will be permitted. Additionally, licensees may utilize 
type accepted equipment operating in the 24.20-24.25 GHz portion of the 
24.05-24.25 GHz band for traffic light control purposes without 
additional authorization and on a secondary basis.
    6. Section 90.25 is proposed to be amended by revising paragraph 
(e)(3) to read as follows:


Sec. 90.25  Forestry-Conservation Radio Service.

* * * * *
    (e) * * *
    (3) A licensee of a radio station in this service may operate radio 
units for the purpose of determining distance, direction, speed, or 
position by means of a radiolocation device on any frequency available 
for radiolocation purposes without additional authorization from the 
Commission, provided type accepted equipment or equipment authorized 
pursuant to Secs. 90.203 (b)(4) and (b)(5) is used, and all other rule 
provisions are satisfied. A licensee in this service may also operate, 
subject to all of the foregoing conditions and on a secondary basis, 
radio units at fixed locations and in emergency vehicles that transmit 
on the frequency 24.10 GHz, both unmodulated continuous wave radio 
signals and modulated FM digital signals for the purpose of alerting 
motorists to hazardous driving conditions or the presence of an 
emergency vehicle. Unattended and continuous operation of such 
transmitters will be permitted. Additionally, licensees may utilize 
type accepted equipment operating in the 24.20-24.25 GHz portion of the 
24.05-24.25 GHz band for traffic light control purposes without 
additional authorization and on a secondary basis.
* * * * *
    7. Section 90.27 is proposed to be amended by adding paragraph (d) 
to read as follows:


Sec. 90.27  Emergency Medical Radio Service.

* * * * *
    (d) Additional frequencies available. A licensee of a radio station 
in this service may operate a radio unit in an emergency vehicle 
without additional authorization from the Commission and on a secondary 
basis, that transmits on the frequency 24.10 GHz both an unmodulated 
continuous wave radio signal and a modulated FM digital signal for the 
purpose of alerting motorists to the presence of the emergency vehicle. 
Continuous operation of such transmitters will be permitted. 
Additionally, licensees may utilize equipment operating in the 24.20-
24.25 GHz portion of the 24.05-24.25 GHz band for traffic light control 
purposes without additional authorization and on a secondary basis. The 
licensee must utilize type accepted equipment or equipment authorized 
pursuant to Secs. 90.203 (b)(4) and (b)(5), and satisfy all other rule 
provisions.
    8. Section 90.53 is proposed to be amended by adding paragraph 
(c)(2) to read as follows:


Sec. 90.53  Frequencies available.

* * * * *
    (c) * * *
    (2) A licensee of a radio station in this service may operate a 
radio unit in an emergency vehicle without additional authorization 
from the Commission and on a secondary basis, that transmits on the 
frequency 24.10 GHz both an unmodulated continuous wave radio signal 
and a modulated FM digital signal for the purpose of alerting motorists 
to the presence of the emergency vehicle. Continuous operation of such 
transmitters will be permitted. Additionally, licensees may utilize 
equipment operating in the 24.20-24.25 GHz portion of the 24.05-24.25 
GHz band for traffic light control

[[Page 46470]]

purposes without additional authorization and on a secondary basis. The 
licensee must utilize type accepted equipment or equipment authorized 
pursuant to Secs. 90.203 (b)(4) and (b)(5), and satisfy all other rule 
provisions.
* * * * *
    9. Section 90.103 is proposed to be amended by revising paragraph 
(c)(22) to read as follows:


Sec. 90.103  Radiolocation Service.

* * * * *
    (c) * * *
    (22) For frequencies 2455 MHz, 10,525 MHz, and 24,125 MHz, only 
unmodulated, continuous wave (NON) emission shall be employed. The 
frequency 24.10 GHz, and frequencies in the 24.20-24.25 GHZ band may 
use NON emission along with an ancillary FM digital emission. The 
frequency 24.10 GHz will be used for the purpose of alerting motorists 
of hazardous driving conditions and the presence of emergency vehicles. 
Frequencies in the 24.20-24.25 MHz band may be used in emergency 
vehicles for traffic signal control. Equipment operating on 24.10 GHz 
or in the 24.20-24.25 GHz band must keep the deviation of the FM 
digital signal within + 5 MHz. Equipment operating on these frequencies 
must have a frequency stability of at least 2000 ppm and are exempt 
from the requirements of Secs. 90.403(c), 90.403(f), and 90.429.
* * * * *
    10. Section 90.175 is proposed to be amended by revising paragraph 
(i)(5) to read as follows:


Sec. 90.175  Frequency coordination requirements.

* * * * *
    (i) * * *
    (5) Applications in the Industrial/Business Pool requesting a 
frequency designated for itinerant operations, and applications 
requesting operation on 154.570 MHz, 154.600 MHz, 151.820 MHz, 151.880 
MHz, and 151.940 MHz.
* * * * *
    11. Section 90.633 is proposed to be amended by revising paragraphs 
(c) and (d) to read as follows:


Sec. 90.633  Conventional systems sharing and construction 
requirements.

* * * * *
    (c) Except as provided in Sec. 90.629, licensees of conventional 
systems must place their authorized stations in operation not later 
than one year after the date of grant of the system license.
    (d) If a station is not placed in operation within one year, except 
as provided in Sec. 90.629, the license cancels automatically. For 
purposes of this section, a base station is not considered to be in 
operation unless at least one associated mobile station is also in 
operation.
* * * * *
    12. Section 90.651 is proposed to be amended by revising paragraph 
(c) to read as follows:


Sec. 90.651  Supplemental reports required of licensees authorized 
under this subpart.

* * * * *
    (c) Licensees of conventional systems must report the number of 
mobile units placed in operation within twelve months of the date of 
the grant of their license. Such reports shall be filed within 30 days 
from that date.
* * * * *
[FR Doc. 97-23301 Filed 9-2-97; 8:45 am]
BILLING CODE 6712-01-P