46468 Federal Register / Vol. 62, No. 170 / Wednesday, September 3, 1997 / Proposed Rules

wishes to use the home run wiring to

receive an alternative service.

(4) The parties shall cooperate to

ensure as seamless a transition as

possible for the subscriber.

(5) Section 76.802 of our rules

regarding the disposition of cable home

wiring will continue to apply to the

wiring on the subscriber’s side of the

cable demarcation point.

5. Section 76.805 is proposed to be

added to read as follows:

§ 76.805 Access to molding and conduits

An multichannel video service

provider (‘‘MVPD’’) shall be permitted

to install one or more home run wires

in an existing molding or conduit

where:

(a) Sufficient space is present to

permit the installation;

(b) The installation will not interfere

with the ability of an existing MVPD to

provide service; and

(c) The owner of the multiple

dwelling unit building does not object

to such installation.

[FR Doc. 97–23303 Filed 9–2–97; 8:45 am]

BILLING CODE 6712–01–P

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.

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, nonSpecialized 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 lowpower 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, nonSpecialized 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 nonSMR 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:

§ 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

§§ 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.
Federal Register / Vol. 62, No. 170 / Wednesday, September 3, 1997 / Proposed Rules 46469

3. Section 90.19 is proposed to be

amended by revising paragraph (g)(6) to

read as follows:

§ 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

§§ 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:

§ 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

§§ 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:

§ 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

§§ 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:

§ 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

§§ 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:

§ 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 §§ 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:

§ 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
46470 Federal Register / Vol. 62, No. 170 / Wednesday, September 3, 1997 / Proposed Rules

purposes without additional

authorization and on a secondary basis.

The licensee must utilize type accepted

equipment or equipment authorized

pursuant to §§ 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:

§ 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

§§ 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:

§ 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:

§ 90.633 Conventional systems sharing

and construction requirements.

* * * * *

(c) Except as provided in § 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 § 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:

§ 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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[I.D. 082797A]

RIN 0648–AJ55

Fisheries of the Northeastern United

States; Amendment 10 to the Summer

Flounder, Scup, and Black Sea Bass

Fishery Management Plan

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability of an

amendment to a fishery management

plan and request for comments.

SUMMARY: NMFS issues this notice to

advise the public that the Mid-Atlantic

Fishery Management Council (Council)

has submitted Amendment 10 to the

Fishery Management Plan for the

Summer Flounder, Scup and Black Sea

Bass Fisheries (FMP) for Secretarial

review and is requesting comments from

the public. Amendment 10 proposes

new regulations for the summer

flounder fishery and would also modify

a number of summer flounder

regulations implemented under

Amendment 2 and later amendments to

the FMP. Copies of Amendment 10 may

be obtained from the Council (see

ADDRESSES).

DATES: Comments must be received on

or before November 3, 1997.

ADDRESSES: Send comments to Andrew

A. Rosenberg, Ph.D., Regional

Administrator, NMFS, Northeast

Regional Office, 1 Blackburn Drive,

Gloucester, MA 01930-3799. Mark the

outside of the envelope ‘‘Comments on

Amendment 10 to the Summer Flounder

Plan.’’

Copies of Amendment 10, the

environmental assessment and the

regulatory impact review are available

from David R. Keifer, Executive

Director, Mid-Atlantic Fishery

Management Council, Room 2115

Federal Building, 300 S. New Street,

Dover, DE 19904-6790.

FOR FURTHER INFORMATION CONTACT:

Regina L. Spallone, Fishery Policy

Analyst, 508-281-9221.

SUPPLEMENTARY INFORMATION: The

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) (16 U.S.C. 1801

et seq.) requires that each fishery

management council submit any fishery

management plan or plan amendment it

prepares to NMFS for review and

approval, disapproval, or partial

approval. The Magnuson-Stevens Act

also requires that NMFS, upon receiving

the plan or amendment, immediately

make a preliminary evaluation of the

amendment and, if it is sufficient to

warrant continued review, publish a

notice that the plan or amendment is

available for public review and

comment. NMFS will consider the

public comments in determining

whether to approve the plan or

amendment.

Amendment 10 proposes new

regulations for summer flounder and

would also modify a number of existing

summer flounder regulations.

Amendment 10, if approved, would:

Modify the commercial minimum mesh

regulations, continue the moratorium on

entry of additional commercial vessels,

modify the vessel replacement criteria,

remove provisions that pertain to the

expiration of the moratorium permit,

establish a de minimus status for states,

allow Federally permitted charter/party

vessels issued a permit by their state to

possess fillets less than the minimum

size, and prohibit transfer of summer

flounder at sea. Because Amendment 10

has been prepared by both the Council

and the Atlantic States Marine Fisheries

Commission (Commission), there is an

additional management measure in the

amendment that would be implemented

by the Commission as part of its

interstate management process. This

measure would require that states

document all summer flounder

commercial landings in their state.

Amendment 10 reevaluated the stateby-state commercial quota allocation

system implemented by Amendment 2.

After receiving and considering public