52036 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Rules and Regulations

mineral resources, Public lands—

withdrawal, Seashores.

43 CFR Part 2110

Government property, Public lands.

43 CFR Part 2130

Public lands.

Dated: September 25, 1997.

Sylvia V. Baca,

Deputy Assistant Secretary, Land and

Minerals Management.

For the reasons stated above, and

under the authority of 43 U.S.C. 1740,

BLM is amending Chapter II of Subtitle

B, title 43 of the Code of Federal

Regulations as follows:

PART 2090—[AMENDED]

1. Revise the authority for part 2090

to read as follows:

Authority: 16 U.S.C. 3124; 30 U.S.C. 189;

43 U.S.C. 322, 641, 1201, 1624, 1740.

2. Section 2111.4 of Part 2110 is

redesignated as § 2091.8 in Subpart

2091 and is revised to read as follows:

§ 2091.8 Status of gift lands.

Upon acceptance by the United

States, through the Secretary of the

Interior, of a deed of conveyance as a

gift, the lands or interests so conveyed

will become property of the United

States but will not become subject to

applicable land and mineral laws of this

title unless and until an order to that

effect is issued by BLM.

PART 2110—[REMOVED]

3. Remove part 2110 in its entirety.

PART 2130—[REMOVED]

4. Remove part 2130 in its entirety.

[FR Doc. 97–26457 Filed 10–3–97; 8:45 am]

BILLING CODE 4310–84–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 90

[PR Docket No. 93–61, FCC 97–305]

Automatic Vehicle Monitoring Systems

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In this Memorandum Opinion

and Order, the Commission addresses

the remaining issues raised by

petitioners for reconsideration of its

Report and Order in PR Docket No. 93–

61, 60 FR 15248 (March 23, 1995),

which established rules governing the

licensing of the Location and

Monitoring Service (LMS) in the 902–

928 MHz band. The Commission

resolved other issues raised by

petitioners in an Order on

Reconsideration in this docket. 61 FR

18981 (April 30, 1996). This item

clarifies interconnection limitations for

multilateration LMS, as well as other

issues raised on reconsideration, such as

operational parameters for nonmultilateration systems, treatment of

other users of the 902–928 MHz band,

the structure of the spectrum allocation

plan, the geographic service area for

licensing multilateration LMS, and the

licensing of wideband forward links.

The intended effect of this action is to

minimize potential interference within

and among users of the 902–928 MHz

band.

EFFECTIVE DATE: December 5, 1997.

FOR FURTHER INFORMATION CONTACT:

David Furth or Linda Chang at (202)

418–0620.

SUPPLEMENTARY INFORMATION: This

Memorandum Opinion and Order in PR

Docket No. 93–61, adopted August 28,

1997, and released September 16, 1997,

is available for public inspection and

copying during normal business hours

in the FCC Dockets Branch, Room 239,

1919 M Street N.W., Washington, D.C.

20554. The complete text may be

purchased from the Commission’s copy

contractor, International Transcription

Service, Inc., 1231 20th Street, N.W.,

Washington, D.C. 20036 (telephone

number: (202) 857–3800).

Synopsis of Memorandum Opinion and

Order

Introduction and Background

1. LMS refers to advanced radio

technologies designed to support the

nation’s transportation infrastructure

and to facilitate the growth of Intelligent

Transportation Systems. In the LMS

Report and Order, the Commission

created a new subpart M in part 90 of

the Commission’s Rules for

Transportation Infrastructure Radio

Services (TIRS). LMS, which

encompasses the 20-year-old Automatic

Vehicle Monitoring Service as well as

developing transportation-related

services, was deemed to be the first

service included within the TIRS

category. Parties have requested that the

Commission redesignate TIRS as ITSRS,

or ‘‘Intelligent Transportation Systems

Radio Service.’’ These parties contend

that the term ‘‘Intelligent Transportation

System’’ has become widely accepted by

other government agencies and in the

private sector, and would be more

descriptive of the types of services

contemplated for subpart M of part 90.

The Commission is persuaded that it

would be appropriate to refer to LMS

and like services as Intelligent

Transportation Systems Radio Services,

and the Commission changes its rules

accordingly.

2. In the LMS Report and Order, the

Commission defined two types of LMS

systems—multilateration and nonmultilateration. Multilateration LMS

systems are designed to locate vehicles

or other objects by measuring the

difference of time of arrival, or

difference in phase, of signals

transmitted from a unit to a number of

fixed points, or from a number of fixed

points to the unit to be located. Such

systems generally use spread-spectrum

technology to locate vehicles throughout

a wide geographic area. The

Commission defined nonmultilateration systems as LMS systems

that employ any technology other than

multilateration technology. The

Commission noted that unlike a

multilateration system, which

determines the location of a vehicle or

object over a wide area, a typical nonmultilateration system uses narrowband

technology whereby an electronic

device placed in a vehicle transfers

information to and/or from that vehicle

when the vehicle passes near one of the

system’s stations.

3. LMS operates in the 902–928 MHz

frequency band. The band is allocated

for primary use by Federal Government

radiolocation systems. Next in order of

priority are Industrial, Scientific and

Medical (ISM) devices. Federal

Government fixed and mobile and LMS

systems are secondary to both of these

uses. The remaining uses of the 902–928

MHz band include licensed amateur

radio operations and unlicensed part 15

equipment, both of which are secondary

to all other uses of the band. Part 15 low

power devices include, but are not

limited to, those used for automatic

meter reading, inventory control,

package tracking and shipping control,

alarm services, local area networks,

internet access and cordless telephones.

The amateur radio service is used by

technically inclined private citizens to

engage in self-training, information

exchange and radio experimentation. In

the LMS Report and Order, the

Commission recognized the important

contribution to the public provided by

part 15 technologies and amateur radio

operators and sought to develop a band

plan that would maximize the ability of

these services to coexist with LMS

systems.

4. The Commission adopted the LMS

Report and Order with an eye toward

minimizing potential interference

within and among the various users of
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Rules and Regulations 52037

the 902–928 MHz band. The

Commission’s band plan accordingly

permits secondary operations across the

entire band by users of unlicensed part

15 devices and amateur licensees. At the

same time, the band plan separates nonmultilateration from multilateration

LMS systems in all but one subband so

as to avert interference. The LMS Report

and Order also established limitations

on LMS systems’ interconnection with

the public switched network and set

forth a number of technical

requirements intended to ensure

successful coexistence of all the services

authorized to operate in the band.

5. This Memorandum Opinion and

Order for the most part affirms decisions

made by the Commission in the LMS

Report and Order as an appropriate

balancing of the interests of the different

uses authorized in the band. Where

appropriate, the Commission clarifies

particular aspects of those decisions.

First, the Commission reviews

petitioners’ objections to its

interconnection restrictions and clarifies

that the regulatory classification of LMS

operators will be determined on a caseby-case basis. Next, the Commission

addresses petitioners’ concerns

regarding the definition and scope of the

non-multilateration LMS service. The

Commission then discusses issues

raised by petitioners regarding the ‘‘safe

harbor’’ within which part 15 devices

and amateur operators will be deemed

not to cause interference to

multilateration LMS providers. The

Commission next addresses petitioners’

suggested changes to the band plan

adopted in the LMS Report and Order,

as well as its decision to license

multilateration LMS systems on a major

trading area (MTA) basis. The

Commission further considers the

propriety of allowing multilateration

wideband forward links to operate in

the 902–928 MHz band.

A. Eligibility and Permissible Uses

6. In the LMS Report and Order, the

Commission recognized that

multilateration systems may have some

need for interconnection with the public

switched telephone network (PSTN). At

the same time, however, the

Commission recognized that unlimited

interconnection by multilateration

operators would be incompatible with

the unique technical environment

created by different types of services

sharing the 902–928 MHz band. The

Commission was concerned that such

activity would not only increase the

potential for harmful interference to

other users of the band, but also detract

from the location and monitoring

purposes of the LMS allocation.

Accordingly, the Commission adopted

operational restrictions on

multilateration LMS operators to

minimize interference to all users of the

spectrum. These restrictions include

limitations on messaging services and

interconnection with the PSTN, and a

prohibition against message and data

transmissions to fixed units and units

for which location and monitoring is not

being provided.

7. Of the restrictions listed above, the

most discussed by petitioners were the

Commission’s limitations on

interconnection. Specifically, the

Commission in the LMS Report and

Order permitted ‘‘store and forward’’

interconnection where either (1)

transmissions from a vehicle or object

being monitored are stored by the

multilateration LMS provider for later

transmission over the PSTN, or (2)

transmissions received by the

multilateration LMS provider from the

PSTN are stored for later transmission to

the vehicle or object being monitored.

The rules adopted in the LMS Report

and Order do not permit ‘‘real-time’’

interconnection between vehicles and

the PSTN except for emergency

communications related to a vehicle or

a passenger in a vehicle.

8. In the Memorandum Opinion and

Order, the Commission notes that only

one petitioner supported unrestricted

interconnection while the majority of

parties addressing the issue support at

least some restriction on LMS

interconnection. One commenter

suggests a minimum time delay of

transmission to prevent two way

person-to-person conversation. Some

petitioners who were against permitting

any multilateration LMS

interconnection to the PSTN argue that

the restrictions adopted by the

Commission present substantial

enforcement problems. They argue that

by limiting transmission of messages to

emergency communications related to

the location and monitoring functions of

the system, the Commission will place

multilateration LMS operators in the

position of having to become

substantially involved with the content

of their customers’ communications.

Nonetheless, some parties, even those

that generally oppose interconnection,

recognize that some interconnected

service is needed in the event of an

emergency.

9. After revisiting this issue and

considering petitioners’ concerns, the

Commission continues to believe that its

decision regarding limitations on

multilateration LMS interconnection

reflects a necessary balancing of the

interests of LMS providers and other

users of the 902–928 MHz band.

Relaxing restrictions on interconnection

could increase the potential for

interference in the band by allowing for

additional message traffic. The

Commission believes that requiring

messages to be sent on a store-andforward basis will reduce message

traffic in the band by making it difficult

to conduct a real-time conversation

using LMS spectrum. However, the

Commission concludes that real-time

interconnection is necessary and

appropriate in emergency situations.

The Commission therefore rejects the

arguments of commenters asking that

the Commission forbid real-time

interconnection in emergency

situations. The Commission believes

that to do otherwise could impede the

development of LMS, to the detriment

of Intelligent Transportation Systems

and, more importantly, would raise

significant public safety concerns.

10. The Commission clarifies that

‘‘store and forward’’ communications as

described in the LMS Report and Order

refers to a storage of voice or data

messages for subsequent delivery to the

recipient. The Commission declines to

adopt a specific minimum delay, as

requested by some petitioners. As a

guideline, however, the Commission

adopts a ‘‘safe harbor’’ approach

whereby a particular message will be

considered an acceptable store-andforward message pursuant to its rules if

the LMS service provider incorporates

at least a thirty-second delay between

the time a message is stored and the

time that message is forwarded. This is

not to say that a delay of less than 30

seconds will be unacceptable in all

cases, but use of a 30-second delay will

ensure that the communication will be

deemed to fit within the definition of a

store and forward message with respect

to LMS. While the Commission

considered using a one-minute delay,

the Commission believes that a thirtysecond delay is sufficient to ensure that

two-way conversation is impractical and

will thereby discourage use of

multilateration LMS for general

messaging. The Commission also

clarifies that emergency

communications, for which real-time

interconnection may be utilized, is

equivalent to a 911 or 311 call. Such

communication must have a direct

relation to the immediate safety of life

or for communications to render

assistance to a motorist. If no immediate

action is necessary, it is not an

emergency. All other communications

should use ‘‘store and forward’’

technology.

11. The Commission recognizes

petitioners’’ concerns that limiting

interconnection based on the character
52038 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Rules and Regulations

of the message would be difficult to

enforce and therefore raises the

possibility of abuse. The Commission

believes, however, that setting forth

specific examples of what is or is not an

emergency would serve no useful

purpose and that such a rule could be

unduly restrictive. The Commission

does not intend to monitor the content

of messages but expects that

multilateration operators will be able to

demonstrate compliance with the

interconnection limitations if requested.

Compliance may be accomplished by

equipment that will permit voice calls

in real time only to 311, 911, and an

automobile road service provider.

Compliance might also be accomplished

by multilateration LMS operators

monitoring transmissions over their

facilities and providing information

regarding their transmissions to the

Commission if requested. The

Commission believes that this type of

monitoring will not violate section 705

of the Communications Act because it

fits within the exception for providing

information regarding a transmission

‘‘on demand of other lawful authority.’’

The Commission also notes that it will,

on a case-by-case basis, consider

requests for confidential treatment of

such information. Moreover, the

interconnection limitations are not

tantamount to a restriction on free

speech but, rather, the interconnection

limitations are necessary to define the

parameters of multilateration LMS

service pursuant to the Commission’s

authority under the Communications

Act to prescribe the type of service to be

offered by a particular class of radio

stations. 47 U.S.C. § 303(b).

12. The interconnection issues raised

by petitioners lead to the question of

whether multilateration LMS is a

Commercial Mobile Radio Service

(CMRS). Pursuant to section 332(d) of

the Communications Act, a service is

classified as CMRS if it is (1) provided

for profit, (2) interconnected with the

PSTN, and (3) available to the public or

effectively available to a substantial

portion of the public. In the CMRS

Second Report and Order, GN Docket

No. 93–252, 59 FR 1285 (January 10,

1994), the Commission classified LMS

as a Private Mobile Radio Service

(PMRS). The Commission indicated,

however, that should LMS systems offer

interconnected service in the future,

they would be subject to reclassification

as a presumptively Commercial Mobile

Radio Service (CMRS). At this juncture,

it is unclear to what extent

multilateration LMS providers will offer

any interconnected service,

notwithstanding their ability to offer

some limited interconnection

capabilities as discussed above. To

accommodate the specific service

offerings anticipated by each

multilateration LMS provider, the

Commission will use a case-by-case

approach in determining whether a

particular service offering is CMRS or

PMRS.

B. Other Issues Raised on

Reconsideration

Definition and licensing of

nonmultilateration systems antenna

height and power limitations. 13. In the

LMS Report and Order, the Commission

limited the peak effective radiated

power (ERP) of non-multilateration

systems to 30 watts over the licensee’s

authorized bandwidth. The Commission

also limited the antenna height above

ground of these systems to 15 meters.

The LMS Report and Order concluded

that the power and antenna height

restrictions will allow nonmultilateration systems to share

spectrum more easily with other nonmultilateration systems and with part 15

users. It also concluded that the power

and antenna height limitations will

permit greater frequency reuse. The

Commission continues to believe that

the definition and technical

specifications of non-multilateration

LMS systems adopted in the LMS Report

and Order reflect a reasoned balancing

of the interests of the various users of

the 902–928 MHz band, and no new

information has been introduced into

the record of this proceeding to

persuade us otherwise. The restrictions

advocated by some of the commenters

would unduly limit non-multilateration

operations, jeopardizing future

technological developments that could

be crucial to the advancement of

Intelligent Transportation Systems. On

the other hand, the higher limitations

suggested by other commenters could

increase the potential for interference

within the band. The Commission

believes that its requirements are most

conducive to continued sharing of this

band, and thus the Commission declines

to modify the power and antenna height

restrictions the Commission adopted in

the LMS Report and Order. The

Commission believes that the antenna

height and transmitting power limits in

the current rule accommodate most of

the common non-multilateration

applications that would be appropriate

for operation in this shared spectrum.

However, in the event that unique

practical considerations of a particular

installation necessitate a higher antenna

mounting height, the Commission

would consider waiving the rule on a

case-by-case basis to allow the higher

antenna height (but not higher power),

provided that other comparable

technical trade-offs, such as reduced

power or confined antenna radiation

patterns, are employed to limit the

interference potential.

Licensing issues. 14. In the LMS

Report and Order, the Commission

decided to license non-multilateration

LMS systems on a shared basis because

these systems generally cover relatively

short distances, and because of its belief

that licensing based on a fixed mileage

separation would limit re-use of

spectrum and thereby limit the potential

uses of non-multilateration systems. The

Commission declined to adopt a blanket

licensing scheme for nonmultilateration systems whereby, for

example, a licensee would be permitted

to locate transmitter sites anywhere

within a given geographic area. The

Commission instead decided to require

non-multilateration systems to acquire

licenses for each site, concluding that a

blanket licensing approach would make

it difficult for the Commission and the

public to ascertain the exact location of

LMS transmitters.

15. However, the Commission is

persuaded by suggestions from

commenters that it would be

administratively expedient to establish a

mechanism by which public agencies

and other entities can file joint

applications for non-multilateration

systems for purposes of deploying a

single, region-wide system with

multiple sites and multiple readers at

individual sites. While the Commission

anticipates that this mechanism will be

used primarily by municipalities and

government agencies, the Commission

also believes that other entities seeking

to establish multiple-site systems

should also be able to use a streamlined

application procedure. The Commission

will thus permit applicants to file a

single application for a nonmultilateration license covering

multiple sites within a given U.S.

Department of Commerce Bureau of

Economic Analysis Economic Area

(EA). Such an application may also be

filed jointly by multiple users of a single

system. In order to avoid uncertainty for

other users of the band, the application

must identify all planned sites and, after

receiving the license, the licensee must

notify the Commission if sites are

deleted or if new sites are added before

those sites become operational. The

Commission will revise its rules

accordingly. The Commission declines,

however, to revise its rules to specify

that the transmissions of nonmultilateration systems are limited to a

confined area. The Commission believes

that this could unnecessarily limit such
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Rules and Regulations 52039

systems’ flexibility to configure their

facilities for particular uses.

Accommodation of secondary users in

the 902–928 MHz band. 16. To

accommodate the concerns of part 15

interests regarding their secondary

status vis-a-vis LMS, the LMS Report

and Order adopted a ‘‘safe harbor’’

within which part 15 devices may

operate without fear of being deemed to

cause interference to LMS operators.

Specifically, a part 15 device will, by

definition, not be considered to be

causing interference to a multilateration

LMS system if it is otherwise operating

in accordance with the provisions of

part 15 and meets at least one of the

following conditions:

(a) it is a part 15 field disturbance

sensor operating in compliance with

§ 15.245 of the rules and it is not

operating in the 904–909.750 or

919.750–928.000 MHz sub-bands; or

(b) it does not employ an outdoor

antenna; or,

(c) if it does employ an outdoor

antenna, then if

(1) the directional gain of the antenna

does not exceed 6 dBi, or if the

directional gain of the antenna exceeds

6 dBi, it reduces its transmitter output

power below 1 watt by the proportional

amount that the directional gain of the

antenna exceeds 6 dBi; and,

(2) either

(A) the antenna is 5 meters or less in

height above ground; or,

(B) the antenna is more than 5 meters

in height above ground but less than or

equal to 15 meters in height above

ground and either:

(i) adjusts its transmitter output

power below 1 watt by 20 log (h/5) dB,

where h is the height above ground of

the antenna in meters; or,

(ii) is providing the final link for

communications of entities eligible

under subparts B or C of part 90 of the

rules.

17. In its Order on Reconsideration in

this proceeding, the Commission denied

requests by petitioners that the part 15

safe harbor instead be treated as a

rebuttable presumption, i.e., that LMS

licensees be permitted to file complaints

of interference regarding part 15 devices

operating within the safe harbor if the

LMS licensees believe those part 15

devices are causing harmful

interference. The Commission

concluded that the safe harbor approach

represented an appropriate balancing of

the interests of the various parties

sharing the 902–928 MHz band. In this

Memorandum Opinion and Order, the

Commission addresses petitioners’ other

contentions regarding the safe harbor.

Specifically, petitioners also challenged

the technical parameters of the safe

harbor and argued that the Commission

acted in violation of the Administrative

Procedure Act (APA), 5 U.S.C. § 551, et

seq. In addition, some petitioners ask

that the safe harbor apply to nonmultilateration LMS operators as well as

multilateration operators.

Parameters of safe harbor. 18. The

Commission believes that the safe

harbor rule, which was adopted after

careful study of the extensive record in

this proceeding, appropriately balances

the interests of the various parties

operating in the 902–928 MHz band so

as to limit the potential for harmful

interference. In the LMS Report and

Order, the Commission affirmed that

unlicensed part 15 devices in the band,

as in any other band, may not cause

harmful interference to and must accept

interference from all other operations in

the band. It also reiterated that

unlicensed part 15 operations have no

vested or recognizable right to

continued use of any given frequency.

Nonetheless, the Commission

recognized the concerns of part 15 and

amateur interests with respect to their

secondary status. Accordingly, in order

to alleviate such concerns and to

provide all operators in the band with

a greater degree of certainty in

configuring their systems, thereby

promoting competitive use of the band,

the Commission adopted the safe harbor

definition of non-interference.

19. The safe harbor rule is intended to

identify part 15 and amateur operations

that will, in all cases, be deemed not to

cause harmful interference to LMS

operators. The Commission emphasized

in the LMS Report and Order that part

15 and amateur operations are not

restricted from operating beyond the

parameters of the safe harbor. Rather,

the safe harbor specifications provide a

threshold beyond which part 15 and

amateur operators will not be insulated

from LMS operators’ claims of harmful

interference. The Commission therefore

does not believe it necessary to add

exemptions to the safe harbor as urged

by some petitioners.

20. Moreover, the technical

specifications of the rule were clearly

explained in the LMS Report and Order.

In general, amateur operators or part 15

devices using outdoor antennas that are

between five and 15 meters above the

ground must reduce their output power

concomitant with the height of their

antennas in order to fit within the safe

harbor. The Commission observed that

an antenna less than five meters in

height driven by a transmitter with one

watt or less of output power (the general

power limitation for part 15 devices)

will only affect LMS operations that are

geographically close. A higher antenna,

however, has the potential to affect a

larger number of LMS operations. The

Commission concluded that the power

adjustment assures that between 5 and

15 meters, an outdoor antenna has the

equivalent effect on multilateration LMS

operations of an antenna five meters

high using no more than 1 watt

transmitter output power. The

Commission continues to believe that

these specifications appropriately

balance the interests of all the parties in

minimizing interference.

21. The Commission does not believe,

as one commenter suggests, that the

term ‘‘final link’’ in § 90.361(c)(2)(ii)(B)

of the Commission’s rules requires

much clarification. The term ‘‘final

link’’ is that link in a communications

system which terminates with the part

15 device used by or within the control

of the subpart B or C eligible entity. The

term does not apply to other links in the

system used to support such

communications, e.g., intermediate

links or links used by non-subpart B or

C entities. Therefore, the Commission

declines to redefine or expand the list

of operations included under ‘‘final

link.’’

22. The Commission is persuaded by

petitioners, however, that the

Commission should expand

§ 90.361(c)(2)(ii)(B) of the Commission’s

Rules to include schools, libraries and

rural health care providers within the

safe harbor, permitting them to employ

full power with antennas up to 15

meters. It is apparent from the record

that many such institutions, particularly

schools, may wish to use part 15 devices

that operate in this band, as well as

similar devices that operate in the 5

GHz National Information Infrastructure

(NII) band, to connect to the Internet

and other on-line resources. The

Commission believes that inexpensive

access to the national information

infrastructure by its nation’s educational

institutions is of sufficiently significant

benefit to the public to warrant special

protection for this limited class of part

15 devices. Further, the universal

service provisions of section 254 of the

Communications Act, as amended by

the Telecommunications Act of 1996,

single out schools, libraries and public

or nonprofit health care providers

serving residents of rural areas as

deserving of special attention so as to

enable them to satisfy their

communications needs. 47 U.S.C. § 254.

Accordingly, the Commission will

include within the safe harbor

elementary and secondary schools,

libraries and health care providers for

rural areas as defined by section 254.

23. Further, the Commission

recognizes that unlike part 15 devices,
52040 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Rules and Regulations

the vast majority of which could operate

within the safe harbor, amateur radio

operations typically would not fit

within the safe harbor provisions.

Nevertheless, to the extent that amateur

operators wish to employ the 902–928

MHz band and to operate within the

safe harbor provisions, they should have

the same protection as part 15 devices.

Further, the Commission reiterates that

failure to fit within the safe harbor

provisions does not prevent operations;

such operations may continue exactly as

before, but are not protected from LMS

operators’ claims of interference.

24. In addition, the Commission has

been asked to clarify whether video

links are included in the category of

‘‘unprotected’’ part 15 devices for

purposes of determining eligibility for

the safe harbor. They are not. The LMS

Report and Order specifically provided

that long-range video links will not be

permitted to take advantage of the safe

harbor. The Commission stated that

‘‘because multilateration entities concur

that most part 15 interference to

multilateration LMS systems is likely to

be from field disturbance sensors and

long range video links, the Commission

will not make any presumption of

interference-free operations for these

devices when they operate in the

exclusive-use bands.’’ LMS Report and

Order at 4717.

Extend safe harbor to nonmultilateration. 25. The Commission

has also been asked to extend the safe

harbor definition to non-multilateration

systems. The safe harbor was intended

as a way to reduce interference conflicts

between multilateration LMS operators

and part 15 devices and amateur

operators in the 902–928 MHz band.

Specifically, it was designed to provide

parameters within which a part 15

device or amateur operator could

operate without being subject to a claim

that it was interfering with the signal of

a multilateration LMS operator. Because

non-multilateration systems generally

employ narrowband technology and

operate at lower power levels, it is less

likely that part 15 devices and amateur

operators will interfere with them, as

compared with multilateration LMS

systems, which use wider bandwidth

emissions and operate at higher power

levels. Because the range of nonmultilateration devices is relatively

small, there is less chance of part 15 and

amateur radio devices being located

within their area of operation.

Moreover, the record does not reveal

actual or potential interference between

non-multilateration and part 15 devices.

To the contrary, there appears to be

substantial evidence that there is little

likelihood of interference. For these

reasons, the Commission does not

believe that it is either necessary or

appropriate to extend the definition of

the safe harbor so as to insulate part 15

and amateur operators from claims of

interference by non-multilateration

systems.

Administrative Procedure Act. 26.

Some petitioners contend that the

Commission’s adoption of a safe harbor

was a violation of the Administrative

Procedure Act (APA), because it was not

proposed in the Notice in this

proceeding and was therefore adopted

without the required notice and

opportunity for public comment. The

Commission does not agree that the safe

harbor setting forth conditions that will

not be considered harmful interference

from amateurs and part 15 devices

violated the APA. The APA requires an

agency to provide the public with

‘‘either the terms or the substance of a

proposed rule or a description of the

subject and issues involved.’’ 5 U.S.C.

§ 553(B)(3). The APA, however, ‘‘does

not require an agency to publish in

advance every precise proposal which it

may ultimately adopt as a rule.’’

California Citizens Band Association v.

United States, 375 F.2d 43, 48 (9th

Cir.1967). Rather, the notice is sufficient

if the final rule is a ‘‘logical outgrowth’’

of the underlying proposal. United

Steelworkers v. Marshall, 647 F.2d 1189,

1221 (D.C. Cir.1980). The Commission

believes that the safe harbor was a

logical outgrowth of the Notice of

Proposed Rule Making in this

proceeding, PR Docket No. 93–61, 58 FR

21276 (April 20, 1993), which sought

comment on ways to accommodate the

various users of the 902–928 MHz band

and identified specifically the problems

surrounding coexistence of part 15 and

licensed users of the band. Moreover,

the suggestion of a part 15 safe harbor

was discussed in publicly-filed ex parte

submissions.

Spectrum Allocation Plan. 27. The

LMS Report and Order allocated the

entire 902–928 MHz frequency band for

LMS systems, generally separating

multilateration and non-multilateration

operations, as follows:

A: 902.000–904.000 NonMultilateration

B: 904.000–909.750 Multilateration

C: 909.750–919.750 NonMultilateration

D: 919.750–921.750 Multilateration

and Non-Multilateration

E: 921.750–927.250 Multilateration

F: 927.250–927.500 Narrow band

associated with sub-band E

G: 927.500–927.750 Narrow band

associated with sub-band D

H: 927.750–928.000 Narrow band

associated with sub-band B

Thus, the Commission concluded that

bands B and E will be assigned to

multilateration systems. Bands A and C

will be assigned to non-multilateration

systems. Band D will be subject to both

multilateration and non-multilateration

use. Licensees of bands B, D and E will

be assigned narrow bands H, G and F,

respectively. Operators requiring

additional spectrum will be permitted to

aggregate bands to obtain up to eight

MHz in a given region through the

aggregation of bands D and G and bands

E and F. The Commission concluded

that licensees may not otherwise be

authorized to operate on more than one

of the multilateration bands in a given

geographic area.

28. As the Commission stated in the

LMS Report and Order, the Commission

believes that both multilateration and

non-multilateration LMS systems will

play an important role in achieving a

nationwide intelligent highway

infrastructure. The Commission

accordingly devised a band plan that,

for the most part, creates separate

allocations for the two types of LMS

systems and takes into consideration the

interference concerns of non-LMS users

of the 902–928 MHz band. Upon review

of parties’ responses to its Notice of

Proposed Rule Making in this

proceeding, however, the Commission

decided to allocate the 2 MHz of

subband D to be shared by

multilateration and non-multilateration

users so as to provide nonmultilateration users with the

possibility of obtaining additional

contiguous spectrum.

29. The Commission does not agree

with comments that its band plan was

illogical or that sharing between

multilateration and non-multilateration

operators is not feasible. Because the

Commission agrees that it is preferable

that multilateration and nonmultilateration facilities do not operate

in the same spectrum, the Commission

adopted a band plan that, for the most

part, allocated separate blocks of

spectrum for multilateration and nonmultilateration systems. Its modification

to the proposed band plan represented

an effort to respond to the concern that

some non-multilateration systems might

need additional spectrum, without

taking any spectrum away from

multilateration users. The Commission

concluded that it would be appropriate

to permit those few multilateration

users the opportunity to obtain

additional spectrum by permitting them

to share the 2 MHz of subband D.

30. In addition, the Commission

declines to adopt the proposal that it

allocate an additional 2 MHz of

contiguous spectrum for non-
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Rules and Regulations 52041

multilateration providers. The

Commission believes that the band plan

adopted in the LMS Report and Order

appropriately balances the needs and

interests of multilateration and nonmultilateration operators, as well as part

15 and amateur users of the band. For

this reason, the Commission also

declines to adopt exclusive subbands for

parties willing to time share, or for part

15 users. Doing so would upset the

equilibrium among users of the band.

Such an allocation would also ignore

the secondary status of part 15 providers

in that it would afford unlicensed

devices co-primary status vis-a-vis

licensed operators.

Geographic areas for exclusive

licenses. 31. Rand McNally organizes

the 50 states and the District of

Columbia into 47 Major Trading Areas

(MTAs) and 487 Basic Trading Areas

(BTAs). In the LMS Report and Order,

the Commission concluded that MTAs

and fits additional MTA-like service

areas provide a more suitable regulatory

construct for multilateration licensing

than the smaller BTAs. The Commission

determined that use of MTAs, as

defined in the Rand McNally

Commercial Atlas and Marketing Guide,

will give systems greater capacity to

accommodate large number of

prospective users which, in turn, will

promote competition and encourage

advancement of new technologies. The

rules adopted in the LMS Report and

Order provide for one exclusive

multilateration system license in each

MTA in each of the sub-bands identified

for exclusive assignments (B and H, D

and G, E and F).

32. After a thorough review of the

record in this proceeding and upon

further reflection regarding this issue,

the Commission concludes that the

relevant geographic areas for

multilateration LMS licenses should be

based on U.S. Department of Commerce

Bureau of Economic Analysis Economic

Areas (EAs). There are 172 EAs covering

the continental United States.

33. Because EAs have not been

established for the five U.S. possessions

(Guam, Northern Mariana Islands,

Puerto Rico, U.S. Virgin Islands,

American Samoa), the Commission will

create additional licensing regions for

systems operating in these territories as

well as for the Gulf of Mexico.

Specifically, the Commission will

designate the following additional

licensing regions: (1) Guam and the

Northern Mariana Islands (to be

licensed as a single area); (2) Puerto

Rico and the U.S. Virgin Islands (to be

licensed as a single area); and (3)

American Samoa. In addition, Alaska

will be licensed as a single area. The

Commission believes that EAs are large

enough to give systems sufficient

capacity to accommodate large numbers

of prospective users, which will

promote competition, encourage new

technologies and result in superior

service to the public. At the same time,

EAs are small enough to alleviate any

BTA/MTA warehousing concerns noted

in the comments. Further, use of smaller

geographic units could result in a more

diverse group of prospective licensees

because EA-based licenses may be more

affordable for small and medium-sized

businesses than would MTA-based

licenses. The Commission concludes

that such an outcome not only is

desirable but furthers the public interest

and one of the goals enunciated in

section 309(j) of the Communications

Act. 47 U.S.C. 309(j). Moreover, EAs are

better suited than MTAs to a service

aimed at improving the nation’s

transportation infrastructure because

EAs are based on urban, suburban and

rural traffic patterns. Further, use of EAs

solves the copyright problem raised by

Rand McNally, because EAs are

published by the U.S. Department of

Commerce.

Multilateration system operations—

wideband forward links

34. In the LMS Report and Order the

Commission allowed LMS

multilateration systems to use wideband

forward links. A forward link refers to

the signal path from the LMS system’s

fixed base site to its mobile units. The

Commission noted that unlike a

narrowband forward link, a wideband

forward link can operate over a

multilateration system’s entire

authorized sub-band. This concerned

part 15 interests, who, the Commission

pointed out, opposed authorization of

wideband forward links because they

believed that wideband forward links

are likely to cause interference to part

15 devices. The Commission

emphasized that grant of multilateration

licenses will be conditioned on the

applicant’s ability to demonstrate

through field testing that its system does

not cause unacceptable levels of

interference to part 15 devices. It also

limited the maximum power of

wideband forward links to 30 watts

ERP.

35. The Commission believes that

elimination of wideband forward links

would preclude certain LMS technology

options from being developed, to the

detriment of consumers. At the same

time, the Commission continues to

believe that the power limitation of 30

watts ERP is necessary and appropriate

to minimize interference to other

operators sharing the 902–928 MHz

band. As the Commission noted in the

LMS Report and Order, limiting base

and mobile stations’ power levels will

lessen the potential for interference

between co-channel multilateration

systems and will reduce the likelihood

of interference to other operations in the

902–928 MHz band. Further, preauthorization testing will be a condition

on the license of multilateration LMS

operators seeking to employ wideband

forward links. The Commission does not

agree with with comments that adoption

of a duty cycle limitation would allow

increased power for wideband forward

links without increasing the interference

potential. With wideband forward link

technology, each vehicular unit to be

located must be able to receive

transmissions from at least four different

forward link transmitters. These

transmitters operate sequentially,

passing a ‘‘token’’ packet. Consequently,

although a duty cycle limitation could

be applied to each individual forward

link transmitter, considered collectively,

there would almost always be at least

one transmitter transmitting in an area

at any given time. Taking into

consideration the greater range of a base

transmitter, as compared to a mobile

transmitter, and the amount of spectrum

occupied by the wideband forward link,

the Commission believes allowing

higher power for wideband forward

links would unacceptably increase band

congestion.

36. Also, the Commission declines to

permit grandfathered systems to deploy

additional transmitters on the basis of a

30-mile radius. The rationale for this is

essentially to allow comparable

coverage for its particular technology as

compared to technologies using

narrowband forward links. The

Commission has found that, in the 902–

928 MHz band, it is necessary to have

a common set of technical limits in

order to facilitate co-occupancy among

the various band users. Each different

technology operating within these

limits, however, will likely have

advantages and disadvantages as

compared to the others, including the

matter of coverage. The Commission

does not have sufficient experience with

operating LMS systems to craft a rule

that would be appropriate for all

potential LMS technologies. To the

extent that grandfathered systems seek

to add fill-in sites that do not increase

their coverage footprint, the

Commission believes such requests

should be handled on a case-by-case

basis.

37. The comments have raised the

issue of whether LMS technology may

be used to track individuals as well as

vehicles. The rules adopted in the LMS

Report and Order permit a
52042 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Rules and Regulations

multilateration LMS system to provide

non-vehicular location services as long

as the system’s primary operations

involve the provision of vehicle location

services. 47 CFR 90.353(a)(7). The

Commission does not share the concern

that LMS will become a paging service.

The rule clearly provides that such nonvehicular location functions may not be

an LMS operation’s primary function.

To afford multilateration LMS operators

maximum flexibility in designing their

systems, the Commission also declines

to adopt a specific cap on non-vehicular

location services. Non-multilateration

LMS operators, on the other hand, are

specifically prohibited from offering

non-vehicular location services. The

Commission adopted this restriction

because the spectrum occupied by nonmultilateration LMS operators has a

heavier concentration of amateur radio

operators, part 15 devices and federal

government radiolocation operations

than do other portions of the band. The

Commission continues to believe that

this approach minimizes the potential

for interference and the Commission

therefore declines to revise its rules.

Petitions for reconsideration of Order

on Reconsideration. 38. On May 30,

1996, three parties filed petitions for

reconsideration of the Order on

Reconsideration, which, as noted above,

had resolved certain issues regarding

grandfathering of existing LMS systems

that had been raised on reconsideration

of the LMS Report and Order. Those

petitioners, Amtech Corporation,

Pinpoint Communication Networks,

Inc., and Teletrac License, Inc., seek

reconsideration of different aspects of

the Order on Reconsideration. For the

reasons detailed below, each of these

petitions is denied, except that the

Commission will make a technical

correction to the rules requested by

Amtech.

39. Amtech Petition. Amtech, a nonmultilateration LMS provider, asserts

that the Commission should revise the

emission mask specifications of section

90.209 as applied to transmitters with

less than two watts output power.

Specifically, Amtech proposes that the

attenuation for out-of-band emissions

produced by non-multilateration

transmitters of two watts or less be

specified as 43+10 Log(P) rather than

55+10 Log(P). Amtech contends that it

has employed this limit for a number of

years and that it is the same limit

applied in other contexts for systems

that can have greater height and power

than non-multilateration systems.

Amtech argues that use of the stricter

55+10 Log(P) standard imposes

significant costs and is not necessary

due to the limited interference potential

of non-multilateration systems. The

Commission is not persuaded that

Amtech has presented sufficient

evidence to support its contention that

the standard adopted in the LMS Report

and Order is overly restrictive. The

Commission continues to believe that

that standard is the most appropriate

given the disparate users of the 902–928

MHz band.

40. Amtech also urges the

Commission to revise the relevant

emission mask rule (formerly section

90.209, now section 90.210) to conform

with the rule as originally adopted in

the LMS Report and Order, wherein the

attenuation applied at the edge of the

licensee’s LMS subband rather than at

the edge of the ‘‘authorized bandwidth.’’

The Commission did not intend in the

Order on Reconsideration to revise the

emission mask for non-multilateration

LMS licensees and the Commission will

make appropriate changes to section

90.210 to make that clear.

41. Pinpoint Petition. Pinpoint, a

multilateration LMS licensee, takes

issue with the statement in the Order on

Reconsideration that

[T]he Commission seeks to ensure not

only that part 15 operators refrain from

causing harmful interference to LMS

systems, but also that LMS systems are

not operated in such a manner as to

degrade, obstruct or interrupt part 15

devices to such an extent that part 15

operations will be negatively affected.

Pinpoint contends that this language

is inconsistent with part 15 devices’

secondary status in the LMS band and

that it constitutes a ‘‘new standard’’

with respect to LMS operators’

obligations vis-a-vis part 15 devices.

Pinpoint argues that this ‘‘new

standard’’ conflicts with the statement

in the LMS Report and Order that

unlicensed part 15 devices ‘‘may not

cause harmful interference to and must

accept interference from all other

operations in the band.’’

42. The language in the Order on

Reconsideration cited by Pinpoint does

not mean that part 15 devices are

entitled to protection from interference.

They are not. Rather, the Commission

was explaining its decision to place a

testing condition on multilateration

LMS licenses. The purpose of the testing

condition is to insure that

multilateration LMS licensees, when

designing and constructing their

systems, take into consideration a goal

of minimizing interference to existing

deployments or systems of part 15

devices in their area, and to verify

through cooperative testing that this

goal has been served.

43. Teletrac Petition. Teletrac seeks

reconsideration of the restriction in

§ 90.363(a) of the Commission’s Rules,

originally adopted in the LMS Report

and Order and affirmed in the Order on

Reconsideration, that limits site

relocation for grandfathered LMS

licensees to within two kilometers of

their authorized site. Teletrac submits

that removing this restriction would be

in the public interest because it would

permit grandfathered multilateration

LMS operators to improve the efficiency

of their systems. The Commission is not

persuaded that Teletrac has raised any

new arguments to justify its further

reconsideration of this rule. The

Commission notes that it has granted

Teletrac waivers of this rule with

respect to three specific sites.

44. Teletrac also urges the

Commission to clarify that the part 15

safe harbor only applies to part 15

operations authorized pursuant to the

part 15 rules in effect at the time the safe

harbor rule was adopted. Teletrac

submits that the presumption of noninterference in the safe harbor rule

assumes that the part 15 rules as they

existed when the safe harbor rule was

adopted will remain in place. Teletrac

notes that the Commission has proposed

changes to the rules. Since the time

Teletrac raised this point, the

Commission has adopted changes to the

part 15 rules. The Commission does not

believe that the modified rules conflict

with the safe harbor. Amendment of

parts 2 and 15 of the Commission’s

Rules Regarding Spread Spectrum

Transmitters, Report and Order, ET

Docket 96–8, 62 FR 26239 (May 13,

1997). To the extent Teletrac continues

to have concerns that the new rules are

incompatible with the safe harbor, it

should detail those concerns with the

Commission.

II. Procedural Matters

Ex Parte Rules—Non-Restricted

Proceeding

45. This is a non-restricted notice and

comment rulemaking proceeding. Ex

parte presentations are permitted,

except during the Sunshine Agenda

period, provided they are disclosed as

provided in Commission Rules. See

generally 47 CFR 1.1202, 1.1203, 1.1206.

Final Regulatory Flexibility Analysis

46. The Final Regulatory Flexibility

Analysis for this Memorandum Opinion

and Order, as required by section 604 of

the Regulatory Flexibility Act of 1980, 5

U.S.C. §§ 604, is as follows:

Need For and Purpose of the Action

47. The revised rules adopted in this

Memorandum Opinion and Order will

enhance use of the 902–928 MHz band
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Rules and Regulations 52043

for the Location and Monitoring Service.

The revised rules will create a more

stable environment for LMS licensees

and will provide much needed

flexibility for operators of such systems.

The two changes made to the LMS rules

in this item (1) change the basis for

wide-area licensing of LMS systems to

EAs rather than MTAs, and (2) add

schools, libraries and rural health care

providers to the list of entities exempt

from the antenna height and operating

power requirements of the part 15 safe

harbor.

48. Issues raised in response to the

IRFA: No comments were submitted in

response to the IRFA.

49. Description and number of small

entities involved: The Commission has

not adopted a definition of small

business specific to LMS systems,

which are defined in § 90.7 of the

Commission’s Rules. Accordingly, we

will use the SBA’s definition applicable

to radiotelephone companies, i.e., an

entity employing fewer than 1,500

persons. We anticipate that most LMS

licensees will fit the definition of small

business provided by the SBA. No

auctions have been held for the LMS

service.

The Commission expects to award

three licenses in each of 176 EAs or EAlike areas, for a total of 528 licenses.

50. Reporting, recordkeeping and

other compliance requirements: The

rules adopted in this do not impose any

additional reporting, recordkeeping, or

other compliance requirements.

51. Steps taken to minimize burdens

on small entities: This Memorandum

Opinion and Order concludes that the

relevant geographic areas for

multilateration LMS licenses should be

based on U.S. Department of Commerce

Bureau of Economic Analysis Economic

Areas (EAs) rather than Major Trading

Areas (MTAs). The record indicates that

existing and planned multilateration

systems better approximate an EA than

the geographically larger MTA. Use of

smaller geographic units could

ultimately result in a more diverse

group of prospective bidders by creating

more opportunities for small businesses.

The Memorandum Opinion and Order

also modifies the ‘‘part 15 safe harbor’’

by expanding the list of entities exempt

from applicable height and power

restrictions, to include health care

providers in rural areas, schools and

libraries. In many instances, the rooftop

antennas of these entities would not fit

within the parameters of the safe harbor.

The record of this proceeding indicates

that such institutions use part 15

technology as a low-cost means to

connect to the Internet and other

valuable on-line resources; this rule

change would facilitate their ability to

do so without raising concerns about

interference to LMS providers in the

same area.

52. Significant alternatives considered

and rejected: The Memorandum

Opinion and Order considers the

remaining issues raised in petitions for

reconsideration of the Report and Order

in PR Docket No. 93–61 that established

licensing and operational rules for the

Location and Monitoring Services

(LMS). An Order on Reconsideration

adopted in March 1996 resolved a

limited set of issues relating to rights

and obligations of existing

multilateration LMS licensees. This

Memorandum Opinion and Order

resolves the remaining issues raised by

petitioners. The Memorandum and

Order concludes that restrictions on the

ability of multilateration LMS licensees

to offer interconnected service should

be maintained to minimize interference

between LMS and part 15 and amateur

operations. The Memorandum Opinion

and Order also denies requests that

antenna height and power limitations

for non-multilateration operators be

either relaxed or further restricted, and

denies a request that we adopt a blanket

authorization procedure for extensive

non-multilateration LMS systems

licensed to local government or public

safety eligibles.

53. In addition, the Memorandum

Opinion and Order denies requests to

modify the ‘‘safe harbor’’ provisions for

part 15 devices and amateur operators,

and denies requests to extend the

definition of the safe harbor to apply to

claims of interference by nonmultilateration systems. The

Memorandum Opinion and Order does,

however, adopt a rule provision

specifically including schools, libraries

and rural health care providers within

the safe harbor regardless of their

antenna height and operating power.

The item also denies requests to change

the band plan for LMS, but does

conclude that multilateration LMS

systems will be licensed on an EA basis

rather than an MTA basis. Finally, the

Memorandum Opinion and Order

denies requests that wideband forward

links be prohibited.

54. Report to Congress: The

Commission shall send a copy of this

Final Regulatory Flexibility Analysis

with this Memorandum Opinion and

Order in a report to Congress pursuant

to section 251 of the Small Business

Regulatory Enforcement Fairness Act of

1996, 5 U.S.C. § 801(a)(1)(A).

55. Paperwork Reduction. This matter

has been analyzed with respect to the

Paperwork Reduction Act of 1995 and

was found to impose no new or

modified information collection

requirement on the public.

Implementation of any new or modified

requirement will be subject to approval

by the Office of Management and

Budget, as prescribed by the Act.

III. Ordering Clauses

56. It is ordered that, pursuant to the

authority of Sections 4(i), 302, 303(r),

and 332(a)(2) of the Communications

Act of 1934, as amended, 47 U.S.C.

§§ 154(i), 302, 303(r), and 332(a), the

rule changes specified in this

Memorandum Opinion and Order are

adopted.

57. It is further ordered that the rule

changes set forth in this Memorandum

Opinion & Order will become effective

December 5, 1997.

58. It is further ordered that the

petitions for reconsideration filed by the

parties listed in the original text of the

Memorandum Opinion & Order are

granted to the extent discussed herein,

and are otherwise denied.

59. It is further ordered that the

petitions for reconsideration of the

Order on Reconsideration filed by

Pinpoint Communication Networks, Inc.

and Teletrac License, Inc., are denied.

60. It is further ordered that the

petition for reconsideration of the Order

on Reconsideration filed by Amtech

Corporation is granted to the extent

specified herein and is otherwise

denied.

List of Subjects in 47 CFR Part 90

Common carriers, Radio, Reporting

and recordkeeping requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 90 of Chapter I of Title 47 of the

Code of Federal Regulations is 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, 251–2, 303, 309, and

332, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 251–2, 303, 309 and 332, unless

otherwise noted.

2. The heading for subpart M of part

90 is revised to read ‘‘Intelligent

Transportation Systems Radio Service.’’

3. Section 90.7 is amended by revising

the definition for ‘‘EA-based or EA

license’’ to read as follows:

§ 90.7 Definitions.

* * * * *
52044 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Rules and Regulations

EA-based or EA license. A license

authorizing the right to use a specified

block of SMR or LMS spectrum within

one of the 175 Economic Areas (EAs) as

defined by the Department of Commerce

Bureau of Economic Analysis. The EA

Listings and the EA Map are available

for public inspection at the Wireless

Telecommunications Bureau’s public

reference room, Room 5608, 2025 M

Street, NW, Washington, DC 20554 and

Office of Operations—Gettysburg, 1270

Fairfield Road, Gettysburg, PA 17325.

* * * * *

4. Section 90.155 is amended by

revising paragraph (d) to read as

follows:

§ 90.155 Time in which station must be

placed in operation.

* * * * *

(d) Multilateration LMS systems

authorized in accordance with Section

90.353 must be constructed and placed

in operation within twelve (12) months

from the date of grant or the

authorization cancels automatically and

must be returned to the Commission.

EA-licensed multilateration LMS

systems will be considered constructed

and placed in operation if such systems

construct a sufficient number of base

stations that utilize multilateration

technology (see paragraph (e) of this

section) to provide multilateration

location service to at least 1⁄3 of the

counties in the EA.

* * * * *

5. Section 90.210 is amended by

revising paragraph (k)(3) and adding

paragraph (k)(6) to read as follows:

§ 90.210 Emission masks.

* * * * *

(k) * * *

(3) Other transmitters. For all other

transmitters authorized under Subpart

M, the peak power of any emission shall

be attenuated below the power of the

highest emission contained within the

licensee’s LMS sub-band in accordance

with the following schedule:

(i) On any frequency within the

authorized bandwidth: Zero dB;

(ii) On any frequency outside the

licensee’s LMS sub-band edges:

55+10log(P) dB where (P) is the highest

emission (watts) of the transmitter

inside the licensee’s LMS sub-band.

* * * * *

(6) The LMS sub-band edges for nonmultilateration systems for which

emissions must be attenuated are

902.00, 904.00, 909.5 and 921.75 MHz.

§ 90.350 [Amended]

6. Section 90.350 is amended by

replacing the two occurrences of the

phrase ‘‘Transportation Infrastructure

Radio Service’’ with ‘‘Intelligent

Transportation Systems Radio Service.’’

7. Section 90.353 is amended by

revising paragraphs (d), (e) and (f) and

by adding paragraph (i) to read as

follows:

§ 90.353 LMS operations in the 902–928

MHz band.

* * * * *

(d) Multilateration LMS systems will

be authorized on a primary basis within

the bands 904–909.75 MHz and 921.75–

927.25 MHz. Additionally,

multilateration and non-multilateration

systems will share the 919.75–921.75

MHz band on a co-equal basis.

Licensing will be on the basis of

Economic Areas (EAs) for

multilateration systems, with one

exclusive EA license being issued for

each of these three sub-bands. Except as

provided in paragraph (f) of this section,

multilateration EA licensees may be

authorized to operate on only one of the

three multilateration bands within a

given EA. Additionally, EA

multilateration LMS licenses will be

conditioned upon the licensee’s ability

to demonstrate through actual field tests

that their systems do not cause

unacceptable levels of interference to 47

CFR part 15 devices.

(e) Multilateration EA-licensed

systems and grandfathered AVM

systems (see § 90.363) are authorized on

a shared basis and must cooperate in the

selection and use of frequencies in

accordance with Section 90.173(b).

(f) Multilateration EA licensees may

be authorized to operate on both the

919.75–921.75 MHz and 921.75–927.25

MHz bands within a given EA (see

§ 90.209(b)(10)).

* * * * *

(i) Non-multilateration LMS licenses

will be issued on a site-by-site basis,

except that municipalities or other

governmental operatives may file jointly

for a non-multilateration license

covering a given U.S. Department of

Commerce Bureau of Economic

Analysis Economic Area (EA). Such an

application must identify all planned

sites. After receiving the license, the

non-multilateration EA licensee must

notify the Commission if sites are

deleted or if new sites are added, before

those sites may be put into operation.

8. Section 90.359 is revised to read as

follows:

§ 90.359 Field strength limits for EAlicensed LMS systems.

EA-licensed multilateration systems

shall limit the field strength of signals

transmitted from their base stations to

47 dBuV/m at their EA boundary.

9. Section 90.361 is amended by

revising the introductory text and

paragraph (c)(2)(ii)(B) to read as follows:

§ 90.361 Interference from part 15 and

Amateur operations.

Operations authorized under Parts 15

and 97 of this chapter may not cause

harmful interference to LMS systems in

the 902–928 MHz band. These

operations will not be considered to be

causing harmful interference to a

multilateration LMS system operating in

one of the three EA sub-bands (see

§ 90.357(a)) if they are non-video links

operating in accordance with the

provisions of Parts 15 or 97 of this

chapter and at least one of the following

conditions are met:

* * * * *

(c) * * *

(2) * * *

(ii) * * *

(B) Is providing the final link for

communications of entities eligible

under subpart B or C of this Part, or is

providing the final link for

communications of health care

providers that serve rural areas,

elementary schools, secondary schools

or libraries.

[FR Doc. 97–26415 Filed 10–3–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 541

[Docket No. 97–038; Notice 02]

RIN 2127–AG71

Final Listing of High-Theft Lines for

1998 Model Year; Motor Vehicle Theft

Prevention Standard

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Final rule; correction.

SUMMARY: This document corrects errors

in the final listing of high-theft lines for

the 1998 Model Year (MY), that was

published on July 31, 1997 (62 FR

40949) by incorporating information

that manufacturers brought to the

agency’s attention subsequent to the

final listing. In the amended list in this

document, one Honda line, the Civic, is

removed from Appendix A; errors in the

name of two Nissan lines, the Sentra

/200SX and the Infiniti I30 are

corrected; and an error in the vehicle

class of one Subaru line, the Forester, is

corrected.