`[Federal Register Volume 65, Number 199 (Friday, October 13, 2000)]
[Rules and Regulations]
[Pages 60869-60879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25276]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 90 and 95

[WT Docket No. 98-182; RM-9222; FCC 00-235]


1998 Biennial Regulatory Review--Private Land Mobile Radio 
Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

[[Page 60870]]

SUMMARY: This document consolidates and streamlines the Commission's 
Rules concerning the private land mobile radio services (PLMRS). 
Several licensing and operational requirements are modified or 
eliminated in order to reduce the regulatory burden on PLMR licensees 
and to promote greater flexibility and more efficient use of the 
private land mobile radio frequency spectrum.

DATES: Effective November 13, 2000.

FOR FURTHER INFORMATION CONTACT: Guy Benson (202) 418-2946 
[email protected]> or Ghassen Khalek (202) 418-2771 [email protected]>, 
Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, or Les Smith, AMD-PERM, Office of Managing 
Director at (202) 418-0217.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, (R&O), in the R&O and Further Notice of Proposed Rule 
Making, (FNPRM), FCC 00-235 in WT Docket No. 98-182 and PR Docket No. 
92-235, adopted on June 28, 2000, and released on July 12, 2000. The 
full text of this R&O and FNPRM) is available for inspection and 
copying during normal business hours in the FCC Reference Center, Room 
CY-A257, 445 12th Street, S.W., Washington, D.C. The complete text may 
be purchased from the Commission's copy contractor, International 
Transcription Service, Inc., 1231 20th Street, N.W. Washington, D.C. 
20037. The full text may also be downloaded at: www.fcc.gov. 
Alternative formats are available to persons with disabilities by 
contacting Martha Contee at (202) 418-0260 or TTY (202) 418-2555.

Summary of the R&O

    1. The Commission initiated this proceeding in conjunction with the 
1998 biennial regulatory review under section 11 of the Communications 
Act of 1934, 47 U.S.C. 161. Section 11 requires the Commission to 
review all the regulations applicable to providers of 
telecommunications service and determine whether any rule is no longer 
in the public interest as a result of meaningful economic competition 
between providers of telecommunications service, and whether such 
regulations should be deleted or modified. As part of this review, 
however, the Commission found it appropriate to consider all of the 
regulations relating to administering wireless services, not just those 
pertaining to providers of a telecommunications service, to determine 
which regulations can be streamlined or eliminated. As a result, the 
R&O consolidates and streamlines the part 90 Rules.
    2. First, the Commission amends the rules to eliminate the 
distinction between cargo handling and other uses of certain 
frequencies in the 450-470 MHz band.
    3. Second, the Commission amends the rules to change the duration 
of the license term for stations authorized under part 90 from five 
years to ten years from the date of initial issuance or renewal. This 
change will result in decreased costs for licensees.
    4. Third, the Commission amends the rules to change the time in 
which a station must be placed in operation from eight months to twelve 
months, thereby giving licensees more flexibility in building their 
stations and simplifying regulatory requirements.
    5. Fourth, the Commission amends the rules to require applicants 
for any of the fifteen 220 MHz public safety channels set forth in 
Secs. 90.719(c) and 90.720 of the Commission's Rules to submit their 
applications to a public safety frequency coordinator for frequency 
coordination prior to submission of the applications to the Commission.
    6. Fifth, the Commission amends the rules to provide that a radio 
facility authorized to a public safety licensee may be shared with a 
Federal Government entity on a cost-shared, non-profit basis.
    7. Sixth, the Commission amends the rules to clarify definitions 
for centralized and decentralized trunking and to establish a new 
process for licensing trunked systems.
    8. Finally, the Commission amends the rules to reassign five low 
power VHF frequencies from the part 90 PLMRS to the part 95 Citizens 
Band Radio Service, and eliminates the licensing requirement for these 
frequencies.

Final Regulatory Flexibility Act and Final Analysis

    9. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the 1998 
Biennial Regulatory Review, Notice of Proposed Rule Making (NPRM), FCC 
98-251, 63 FR 65568 (Nov. 27, 1998) NPRM. The Commission sought written 
public comment on the proposals in the NPRM, including comment on the 
IRFA. This present Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.

Reason for, and Objectives of, the R&O

    10. The Commission's objective in this proceeding is to streamline 
part 90 of the Commission's Rules and reduce regulatory requirements, 
and to promote more efficient use of the spectrum. Therefore, the 
Commission amends part 90 to: (i) Ease restrictions on uses of certain 
frequencies in the 450-470 MHz band; (ii) extend the license term for 
stations authorized under part 90; (iii) increase the time in which a 
station must be placed in operation; (iv) require frequency 
coordination for public safety applications at 220 MHz; (v) provide 
that a radio facility authorized to a public safety licensee may be 
shared with a Federal Government entity on a cost-shared, non-profit 
basis; (vi) clarify definitions for centralized and decentralized 
trunking and establishment of a new process for licensing trunked 
systems; and (vii) reassign five low power VHF frequencies from the 
part 90 Private Land Mobile Radio (PLMR) Services to the part 95 
Citizens Band Radio Service, and eliminate the licensing requirement 
for these frequencies. The Commission believes that these changes will 
encourage growth of land mobile systems and enhance telecommunications 
offerings for consumers, producers and new entrants.

Summary of Significant Issues Raised by Public Comments in Response to 
the Initial Regulatory Flexibility Analyses

    11. No petitions or comments were filed in direct response to the 
IRFA. The Commission has nonetheless considered the effect of these 
rule changes on small entities and considered other alternatives. These 
actions should benefit all entities subject to the rule changes, 
including small businesses.

Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply

    12. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act, unless the Commission has developed one or more definitions that 
are appropriate for its activities.
    Under the Small Business Act, a ``small business concern'' is one 
that: (i) Is independently owned and operated; (ii) is not dominant in 
its field of operation; and (iii) satisfies any additional criteria 
established by the

[[Page 60871]]

Small Business Administration (SBA). A small organization is generally 
``any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.'' Last, the definition of 
``small governmental entity'' is one with populations of fewer than 
50,000. There are 85,006 governmental entities in the nation. This 
number includes such entities as states, counties, cities, utility 
districts and school districts. There are no figures available on what 
portion of this number has populations of fewer than 50,000. However, 
this number includes 38,978 counties, cities and towns, and of those, 
37,556, or ninety-six percent, have populations of fewer than 50,000. 
The Census Bureau estimates that this ratio is approximately accurate 
for all government entities. Thus, of the 85,006 governmental entities, 
we estimate that ninety-six percent, or about 81,600, are small 
entities that may be affected by our rules.
    The rules adopted in this R&O affect a number of small entities who 
are either licensees, or may choose to become applicants for licenses, 
in the PLMR Service. The adopted rules apply to businesses and local 
government entities that operate radio systems for their own internal 
use in the PLMR services. Traditionally, PLMR services have provided 
for the private, internal communications needs of public safety 
entities, state and local government entities, large and small 
businesses, transportation providers, the medical community, and other 
diverse users of two-way radio systems.
    PLMR systems currently serve an essential role in a vast range of 
industrial, business, land transportation, and public safety 
activities. These radios are used by companies of all sizes operating 
in all U.S. business categories. Because of the vast array of PLMR 
users, the Commission has not developed nor would it be possible to 
develop a definition of small businesses specifically applicable to 
PLMR users. Therefore, for the purpose of determining whether a 
licensee is a small business as defined by the Small Business 
Administration (SBA), each licensee would need to be evaluated within 
its own business area. Therefore, the appropriate definition for PLMR 
small businesses is the SBA's definition for radiotelephone (wireless) 
companies. That definition provides that a small entity is a 
radiotelephone company employing no more than 1,500 persons.

Reporting, Recordkeeping, and Other Compliance Requirements

    13. The Rules adopted in this document have minimal additional 
reporting or recordkeeping requirements for PLMR licensees. In fact, 
our decision to increase the license term from five to ten years will 
result in a decrease in the amount of fees paid and paperwork required. 
On the other hand, applicants for certain channels are now required to 
coordinate their frequencies prior to submission of an application, 
which is achieved through the use of registered frequency coordinators.

Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    14. In the IRFA, the Commission indicated that many of the proposed 
rules will result in economic benefits to small business and local 
government entities. The Commission believes that relaxing the 
restrictions on cargo/non-cargo operations will help to satisfy demand 
for communications on these frequencies. Continued exclusion of non-
cargo operations is an alternative to the approach here, but that would 
result in the underutilization of important spectrum resources.
    15. The Commission also believes that there will be several public 
interest benefits gained by the decision to extend the license term for 
all part 90 licensees to ten years. First, there will be an economic 
benefit to new applicants in that their licensing costs would 
effectively be lowered. Under the Commission's current license fee 
structure, a part 90 licensee with a ten-year authorization has an 
economic advantage over a licensee with a five-year license in that it 
enjoys a longer license term at less cost. Second, existing five-year 
licenses will receive a ten-year renewal period upon expiration of the 
five-year license, thus halving the licensee's long-term renewal costs. 
One alternative to this action would be to leave the license term at 
five years. This alternative would not benefit small businesses. In 
addition, it would result in administrative inefficiencies for the 
agency.
    16. Regarding the decision to increase the time in which a station 
must be placed in operation from eight to twelve months, the Commission 
envisions that this change in the regulatory treatment of PLMR stations 
will reduce the necessity for a licensee to request an extension of the 
time to construct, and thus would eliminate the costs necessary to make 
such a request. It will also give licensees more flexibility in 
determining how and when to construct their stations. The alternative 
to this situation is to leave the requirement date at eight months and 
require licensees to continue requesting extensions of time. The 
changes we undertake herein, however, will benefit small businesses and 
enhance administrative efficiencies.
    17. By requiring frequency coordination for the 220 MHz public 
safety channels, the Commission is benefiting small entities and other 
applicants in a number of ways. For example, requiring frequency 
coordination will prevent the filing of mutually exclusive applications 
and will result in applications for the most appropriate channels, 
thereby minimizing interference potential and congestion. The 
alternative would be to make no changes to these licensing procedures, 
but then the benefits of frequency coordination would not be realized.
    18. Permitting a public safety licensee to share its station with a 
Federal Government entity on a non-profit, cost-sharing basis, will be 
beneficial to both parties. It will lower the operational costs of the 
public safety system in that the public safety licensee would obtain 
cost-sharing benefits from the Federal agency, and it would enable the 
Federal agency to obtain needed communications at a lower cost than if 
the Federal agency had to implement its own communications system. An 
alternative to this change would be to continue prohibiting such 
sharing arrangements, but the Commission believes that adopting these 
Rules and thereby lowering costs and increasing access to needed 
spectrum will ease the regulatory burden on small businesses.
    19. By requiring all trunked operations to be specifically 
licensed, the Commission is promoting licensee flexibility, 
facilitating more efficient use of the spectrum, and minimizing 
interference concerns and congestion. The alternative, i.e., to not 
require such licensing, would not achieve these benefits.

Report to Congress

    The Commission will send a copy of the R&O, including this FRFA, in 
a report to be sent to Congress pursuant to the Small Business 
Regulatory Enforcement Fairness Act of 1996. In addition, the 
Commission will send a copy of the R&O, including FRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the R&O and FRFA (or summaries thereof) will also be published in the 
Federal Register.

[[Page 60872]]

List of Subjects

47 CFR Parts 2 and 95

    Communications equipment, Radio.

47 CFR Part 90

    Administrative practice and procedure, Business and industry, 
Communications equipment, Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For reasons discussed in the preamble, the Federal Communications 
Commission amends parts 2, 90, and 95 as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

    1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.

    2. Amend Sec. 2.106 of the Table of Frequency Allocations by 
revising page 29 of the Table.


Sec. 2.106  Table of Frequency Allocations.

* * * * *

BILLING CODE 6712-01-P

[[Page 60873]]

[GRAPHIC] [TIFF OMITTED] TR13OC00.007


[[Page 60874]]


BILLING CODE 6712-01-C
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

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

    Authority: Sections 4(i), 11, 303(g), 303(r) and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).

    4. Section 90.1 is amended by revising paragraph (b) to read as 
follows:


Sec. 90.1  Basis and purpose.

* * * * *
    (b) Purpose. This part states the conditions under which radio 
communications systems may be licensed and used in the Public Safety 
Radio Pool, Industrial/Business Radio Pool, and the Radiolocation 
Service. The rules in this part do not govern radio systems employed by 
agencies of the Federal Government.

    5. Section 90.7 is amended by revising the definition of Trunked 
radio system to read as follows:


Sec. 90.7  Definitions.

* * * * *
    Trunked radio system. A radio system employing technology that 
provides the ability to search two or more available channels and 
automatically assign a user an open channel.
* * * * *

    6. Section 90.20 (c)(3) is amended in the table by removing the 
entry for 453.025 MHz and by revising the entries for 453.0125 MHz and 
453.03125 MHz to read as follows:


Sec. 90.20  Public Safety Pool.

* * * * *
    (c) * * *
    (3) * * *

                                       Public Safety Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
         Frequency or band             Class of station(s)           Limitations                Coordinator
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                                    Megahertz
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
453.0125...........................  Mobile................  57, 78.....................  PX
453.03125..........................  Base or mobile........  44, 59, 60, 61, 62.........  PM
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

* * * * *
    7. Section 90.22 is amended by revising the introductory text to 
read as follows:


Sec. 90.22  Paging operations.

    Unless specified elsewhere in this part, paging operations may be 
authorized in the Public Safety Pool on any frequency except those 
assigned under the provisions of Sec. 90.20(d)(78). Paging operations 
on frequencies subject to Sec. 90.20(d)(78) authorized before August 
17, 1974, may be continued only if they do not cause harmful 
interference to regular operations on the same frequencies. Such paging 
operations may be renewed indefinitely on a secondary basis to regular 
operations, except within 125 km (75 mi) of the following urbanized 
areas:
* * * * *

    8. Section 90.35 is amended in paragraph (b)(3) in the table under 
Megahertz by removing the entries for 151.820, 151.880, 151.940, 
154.570, 154.600 and by revising the entries for 153.560 and 154.585 
and revising paragraph (c)(60) to read as follows:


Sec. 90.35  Industrial/Business Pool.

* * * * *
    (b) * * *
    (3) * * *

                                    Industrial/Business Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
         Frequency or band            Class of stations(s)           Limitations                Coordinator
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                                                    Megahertz
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
153.560............................  ......................  80.........................  IP, IW
 
*                  *                  *                  *                  *                  *
                                                        *
154.585............................  Mobile................  8, 46......................  IP
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (c) * * *
    (60)(i) This frequency is available for voice or non-voice 
communications concerned with cargo handling from a dock or cargo 
handling facility, a vessel alongside the dock, or cargo handling 
facility. The effective radiated power (ERP) shall not exceed 2 watts. 
Mobile relay stations may be temporarily installed on vessels located 
at or in the vicinity of a dock or cargo handling facility. The center 
of the radiating system of the mobile relay shall be

[[Page 60875]]

located no more than 3 meters (10 feet) above the vessel's highest 
working dock.
    (ii) This frequency is also available for low power non-cargo 
handling operations, both voice and non-voice, on a secondary basis to 
cargo handling communications. This frequency will not be assigned for 
non-cargo handling operations at temporary locations.
    (iii) Mobile relay frequency table as follows:

------------------------------------------------------------------------
                 Mobile relay (MHz) \1\                    Mobile (MHz)
------------------------------------------------------------------------
457.525.................................................         467.750
457.53125...............................................       467.75625
457.5375................................................        467.7625
457.54375...............................................       467.76875
457.550.................................................         467.775
457.55625...............................................       467.78125
457.5625................................................        467.7875
457.56875...............................................       467.79375
457.575.................................................         467.800
457.58125...............................................       467.80625
457.5875................................................        467.8125
457.59375...............................................       467.81875
457.600.................................................         467.825
457.60625...............................................       467.83125
457.6125................................................
457.61875...............................................
------------------------------------------------------------------------
1 The mobile relay frequencies may also be used for single frequency
  simplex

* * * * *

    9. Section 90.135 is revised to read as follows:


Sec. 90.135  Modification of license.

    (a) In addition to those changes listed in Sec. 1.929(k) of this 
chapter and in accordance with Sec. 1.947 of this chapter the following 
modifications may be made to an existing authorization without prior 
Commission approval:
    (1) Change in the number and location of station control points or 
of control stations operating below 470 or above 800 MHz meeting the 
requirements of Sec. 90.119(b).
    (2) Change in the number of mobile units operated by Radiolocation 
Service licensees.
    (b) Unless specifically exempted in Sec. 90.175, licensees must 
submit a Form 601 application for modification to the applicable 
frequency coordinator for any change listed in Sec. 1.929(c)(4) of this 
chapter.

    10. Section 90.149 is amended by revising paragraph (a) to read as 
follows:


Sec. 90.149  License term.

    (a) Licenses for stations authorized under this part will be issued 
for a term not to exceed ten (10) years from the date of the original 
issuance or renewal.
* * * * *

    11. Section 90.155 is revised to read as follows:


Sec. 90.155  Time in which station must be placed in operation.

    (a) All stations authorized under this part, except as provided in 
Secs. 90.629, 90.631(f), 90.665, and 90.685, must be placed in 
operation within twelve (12) months from the date of grant or the 
authorization cancels automatically and must be returned to the 
Commission.
    (b) A local government entity in the Public Safety Pool, applying 
for any frequency in this part, may also seek extended implementation 
authorization pursuant to Sec. 90.629.
    (c) For purposes of this section, a base station is not considered 
to be placed in operation unless at least one associated mobile station 
is also placed in operation. See also Secs. 90.633(d) and 90.631(f).
    (d) Multilateration LMS systems authorized in accordance with 
Sec. 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. MTA-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 a 
substantial portion of at least one BTA in the MTA.
    (e) A multilateration LMS station will be considered constructed 
and placed in operation if it is built in accordance with its 
authorized parameters and is regularly interacting with one or more 
other stations to provide location service, using multilateration 
technology, to one or more mobile units. Specifically, LMS 
multilateration stations will only be considered constructed and placed 
in operation if they are part of a system that can interrogate a 
mobile, receive the response at 3 or more sites, compute the location 
from the time of arrival of the responses and transmit the location 
either back to the mobile or to a subscriber's fixed site.
    (f) For purposes of this section, a station licensed to provide 
commercial mobile radio service is not considered to have commenced 
service unless it provides service to at least one unaffiliated party.
    (g) Application for extension of time to commence service may be 
made on FCC Form 601. Extensions of time must be filed prior to the 
expiration of the construction period. Extensions will be granted only 
if the licensee shows that the failure to commence service is due to 
causes beyond its control. No extensions will be granted for delays 
caused by lack of financing, lack of site availability, for the 
assignment or transfer of control of an authorization, or for failure 
to timely order equipment. If the licensee orders equipment within 90 
days of the license grant, a presumption of due diligence is created.
    (h) An application for modification of an authorization (under 
construction) at the existing location does not extend the initial 
construction period. If additional time to commence service is 
required, a request for such additional time must be submitted on FCC 
Form 601, either separately or in conjunction with the submission of 
the FCC Form 601 requesting modification.


Sec. 90.167  [Removed]

    12. Remove Sec. 90.167.

    13. Section 90.175 is amended by revising paragraph (i)(14) to read 
as follows:


Sec. 90.175.  Frequency coordination requirements.

* * * * *
    (i) * * *
    (14) Except for applications for the frequencies set forth in 
Secs. 90.719(c) and 90.720, applications for frequencies in the 220-222 
MHz band.

    14. Section 90.179 is amended by redesignating paragraph (g) as 
paragraph (i) and adding new paragraphs (g) and (h) to read as follows:


Sec. 90.179  Shared use of radio stations.

* * * * *
    (g) Notwithstanding paragraph (a) of this section, licensees 
authorized to operate radio systems on Public Safety Pool frequencies 
designated in Sec. 90.20 may share their facilities with Federal 
Government entities on a non-profit, cost-shared basis. Such a sharing 
arrangement is subject to the provisions of paragraphs (b), (d), and 
(e) of this section.
    (h) Notwithstanding paragraph (a) of this section, licensees 
authorized to operate radio systems on Industrial/Business Pool 
frequencies designated in Sec. 90.35 may share their facilities with 
Public Safety Pool entities designated in Sec. 90.20 and with Federal 
Government entities on a non-profit, cost-shared basis. Such a sharing 
arrangement is subject to the provisions of paragraphs (b), (d), and 
(e) of this section.
* * * * *

    15. Section 90.187 is revised to read as follows:


Sec. 90.187  Trunking in the bands between 150 and 512 MHz.

    (a) Applicants for trunked systems operating on frequencies between 
150 and 512 MHz (except 220-222 MHz)

[[Page 60876]]

must indicate on their applications (class of station code, 
instructions for FCC Form 601) that their system will be trunked. 
Licensees of stations that are not trunked, may trunk their systems 
only after modifying their license (see Sec. 1.927 of this chapter).
    (b) Trunked systems operating under this section must employ 
equipment that prevents transmission on a trunked frequency if a signal 
from another system is present on that frequency. The level of 
monitoring must be sufficient to avoid causing harmful interference to 
other systems. However, this monitoring requirement does not apply if 
the conditions in paragraph (b)(1) or (b)(2) of this section, are met:
    (1) Where applicants for or licensees operating in the 470-512 MHz 
band meet the loading requirements of Sec. 90.313 and have exclusive 
use of their frequencies in their service area.
    (2) On frequencies where an applicant or licensee does not have an 
exclusive service area provided that all frequency coordination 
requirements are complied with and written consent is obtained from 
affected licensees using either the procedure set forth in paragraphs 
(b)(2)(i) and (b)(2)(ii) of this section (mileage separation) or the 
procedure set forth in paragraph (b)(2)(iii) of this section (protected 
contours).
    (i) Affected licensees for the purposes of this section are 
licensees of stations that have assigned frequencies (base and mobile) 
that are 15 kHz or less removed from proposed stations that will 
operate with a 25 kHz channel bandwidth; stations that have assigned 
frequencies (base and mobile) that are 7.5 kHz or less removed from 
proposed stations that will operate with a 12.5 kHz bandwidth; or 
stations that have assigned frequencies (base and mobile) 3.75 kHz or 
less removed from proposed stations that will operate with a 6.25 kHz 
bandwidth.
    (ii) Where such stations' service areas (37 dBu contour for 
stations in the 150-174 MHz band and 39 dBu contour for stations in the 
421-512 MHz bands; see Sec. 90.205) overlap a circle with radius 113 km 
(70 mi.) from the proposed base station.
    (iii) In lieu of the mileage separation procedure set forth in 
paragraphs (b)(2)(i) and (b)(2)(ii) of this section, applicants for 
trunked facilities may obtain consent only from stations that would be 
subjected to objectionable interference from the trunked facilities. 
Objectionable interference will be considered to exist when the 
interference contour (19 dBu for VHF stations, 21 dBu for UHF stations) 
of a proposed trunked station would intersect the service contour (37 
dBu for VHF stations, 39 dBu for UHF stations) of an existing station. 
The existing stations that must be considered in a contour overlap 
analysis are a function of the channel bandwidth of the proposed 
trunked station, as follows:
    (A) For trunked stations proposing 25 kHz channel bandwidth: 
Existing co-channel stations and existing stations that have an 
operating frequency 15 kHz or less from the proposed trunked station.
    (B) For trunked stations proposing 12.5 kHz channel bandwidth: 
Existing co-channel stations and existing stations that have an 
operating frequency 7.5 kHz or less from the proposed trunked station.
    (C) For trunked stations proposing 6.25 kHz channel bandwidth: 
Existing co-channel stations and existing stations that have an 
operating frequency 3.75 kHz or less from the proposed trunked station.
    (iv) The calculation of service and interference contours 
referenced in paragraph (b)(2)(iii) of this section shall be done using 
generally accepted engineering practices and standards which, for 
purposes of this section, shall presumptively be the practices and 
standards agreed to by a consensus of all certified frequency 
coordinators.
    (v) The written consent from the licensees specified in paragraphs 
(b)(2)(i) and (b)(2)(ii) or (b)(2)(iii)(A), (b)(2)(iii)(B) and 
(b)(2)(iii)C of this section shall specifically state all terms agreed 
to by the parties and shall be signed by the parties. The written 
consent shall be maintained by the operator of the trunked station and 
be made available to the Commission upon request. The submission of a 
coordinated trunked application to the Commission shall include a 
certification from the applicant that written consent has been obtained 
from all licensees specified in paragraphs (b)(2)(i) and (b)(2)(ii) or 
(b)(2)(iii)(A), (b)(2)(iii)(B) and (b)(2)(iii)(C) of this section that 
the written consent documents encompass the complete understandings and 
agreements of the parties as to such consent; and that the terms and 
conditions thereof are consistent with the Commission's rules. Should a 
potential applicant disagree with a certified frequency coordinator's 
determination that objectionable interference exists with respect to a 
given channel or channels, that potential applicant may request the 
Commission to overturn the certified frequency coordinator's 
determination. In that event, the burden of proving by clear and 
convincing evidence that the certified frequency coordinator's 
determination is incorrect shall rest with the potential applicant. If 
a licensee has consented to the use of trunking, but later decides 
against the use of trunking, that licensee may request that the 
licensee(s) of the trunked system(s) cease the use of trunking. Should 
the trunked station(s) decline the licensee's request, the licensee may 
request a replacement channel from the Commission. A new applicant 
whose interference contour overlaps the service contour of a trunked 
licensee will be assigned the same channel as the trunked licensee only 
if the trunked licensee consents in writing and a copy of the written 
consent is submitted to the certified frequency coordinator responsible 
for coordination of the application.
    (c) Trunking of systems licensed on paging-only channels or 
licensed in the Radiolocation Service (subpart F) is not permitted.
    (d) Potential applicants proposing trunked operation may file 
written notice with any certified frequency coordinator for the pool 
(Public Safety or Industrial/Business) in which the applicant proposes 
to operate. The notice shall specify the channels on which the 
potential trunked applicant proposes to operate and the proposed 
effective radiated power, antenna pattern, height above ground, height 
above average terrain and proposed channel bandwidth. On receipt of 
such a notice, the certified frequency coordinator shall notify all 
other certified frequency coordinators in the relevant pool within one 
business day. For a period of sixty days thereafter, no application 
will be accepted for coordination which specifies parameters that would 
result in objectionable interference to the channels specified in the 
notice. Potential applicants shall not file another notice for the same 
channels within 10 km (6.2 miles) of the same location unless six 
months shall have elapsed since the filing of the last such notice. 
Certified frequency coordinators shall return without action, any 
coordination request which violates the terms of this paragraph (d).
    (e) No more than 10 channels for trunked operation in the 
Industrial/Business Pool may be applied for in a single application. 
Subsequent applications, limited to an additional 10 channels or fewer, 
must be accompanied by a certification, submitted to the certified 
frequency coordinator coordinating the application, that all of the 
applicant's existing channels authorized for trunked operation have 
been constructed and placed in operation. Certified frequency 
coordinators are authorized to require documentation in support of the

[[Page 60877]]

applicant's certification that existing channels have been constructed 
and placed in operation. Applicants in the Public Safety Pool may 
request more than 10 channels at a single location provided that any 
application for more than 10 Public Safety Pool channels must be 
accompanied by a showing of sufficient need. The requirement for such a 
showing may be satisfied by submission of loading studies demonstrating 
that requested channels in excess of 10 will be loaded with 50 mobiles 
per channel within a five year period commencing with grant of the 
application.
    (f) If a licensee authorized for trunked operation discontinues 
trunked operation for a period of 30 consecutive days, the licensee, 
within 7 days of the expiration of said 30 day period, shall file a 
conforming application for modification of license with the Commission. 
Upon grant of that application, new applicants may file for the same 
channel or channels notwithstanding the interference contour of the new 
applicant's proposed channel or channels overlaps the service contour 
of the station that was previously engaged in trunked operation.

    16. Section 90.242 is amended by revising paragraph (a)(3) to read 
as follows:


Sec. 90.242  Travelers' information stations.

    (a) * * *
    (3) Travelers Information Stations will be authorized on a 
secondary basis to stations authorized on a primary basis in the bands 
510-1715 kHz.
* * * * *

    17. Section 90.421 is revised to read as follows:


Sec. 90.421  Operation of mobile station units not under the control of 
the licensee.

    Mobile stations, as defined in Sec. 90.7, include vehicular-mounted 
and hand-held units. Such units may be operated by persons other than 
the licensee, as provided for below, when necessary for the licensee to 
meet its requirements in connection with the activities for which it is 
licensed. If the number of such units, together with units operated by 
the licensee, exceeds the number of mobile units authorized to the 
licensee, license modification is required. The licensee is responsible 
for taking necessary precautions to prevent unauthorized operation of 
such units not under its control.
    (a) Public Safety Pool. (1) Mobile units licensed in the Public 
Safety Pool may be installed in any vehicle which in an emergency would 
require cooperation and coordination with the licensee, and in any 
vehicle used in the performance, under contract, of official activities 
of the licensee. This provision does not permit the installation of 
radio units in non-emergency vehicles that are not performing 
governmental functions under contract but with which the licensee might 
wish to communicate.
    (2) Mobile units licensed under Sec. 90.20(a)(2)(iii) may be 
installed in a vehicle or be hand-carried for use by any person with 
whom cooperation or coordinations is required for medical services 
activities.
    (b) Industrial/Business Pool. Mobile units licensed in the 
Industrial/Business Pool may be installed in vehicles of persons 
furnishing under contract to the licensee and for the duration of the 
contract, a facility or service directly related to the activities of 
the licensee.
    (c) In addition to the requirements in paragraphs (a) and (b) of 
this section, frequencies assigned to licensees in the Private Land 
Mobile Radio Services may be installed in the facilities of those who 
assist the licensee in emergencies and with whom the licensee must 
communicate in situations involving imminent safety to life or 
property.


Sec. 90.449  [Removed]

    18. Remove Sec. 90.449.

    19. Section 90.629 is amended by revising paragraphs (a)(1) and 
(a)(2) and adding paragraph (f) to read as follows:


Sec. 90.629  Extended implementation period.

* * * * *
    (a) * * *
    (1) The proposed system will require longer than twelve (12) months 
to construct and place in operation because of its purpose, size, or 
complexity; or
    (2) The proposed system is to be part of a coordinated or 
integrated wide-area system which will require more than twelve (12) 
months to plan, approve, fund, purchase, construct, and place in 
operation; or
* * * * *
    (f) Pursuant to Sec. 90.155(b), the provisions of this section 
shall apply to local government entities applying for any frequency in 
the Public Safety Pool.

PART 95--PERSONAL RADIO SERVICES

    20. The authority citation for part 95 continues to read as 
follows:

    Authority: Secs 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303.

    21. Section 95.401 is amended by adding a new paragraph (f) to read 
as follows:


Sec. 95.401 (CB  Rule 1) What are the Citizens Band Radio Services?

* * * * *
    (f) The Multi-Use Radio Service (MURS)--a private, two-way, short-
distance voice, data or image communications service for personal or 
business activities of the general public. The rules for this service 
are contained in subpart J of this part.

    22. Section 95.601, as amended at 65 FR 44008 effective October 16, 
2000, is further amended by revising the last sentence to read as 
follows:


Sec. 95.601  Basis and purpose.

    * * * The Personal Radio Services are the GMRS (General Mobile 
Radio Service)--subpart A, the Family Radio Service (FRS)--subpart B, 
the R/C (Radio Control Radio Service)--subpart C, the CB (Citizens Band 
Radio Service)--subpart D, the Low Power Radio Service (LPRS)--subpart 
G, the Wireless Medical Telemetry Service (WMTS)--subpart H, the 
Medical Implants Communication Service (MICS)--subpart I, and the 
Multi-Use Radio Service (MURS)--subpart J.

    23. Section 95.603 is amended by adding a new paragraph (g) to read 
as follows:


Sec. 95.603  Certification required.

* * * * *
    (g) Each Multi-Use Radio Service transmitter (a transmitter that 
operates or is intended to operate in the MURS) must be certified in 
accordance with Sec. 90.203 of this chapter.

    24. Section 95.605 is amended by revising the first sentence to 
read as follows:


Sec. 95.605  Certification procedures.

    Any entity may request certification for its transmitter when the 
transmitter is used in the GMRS, FRS, R/C, CB, IVDS, LPRS, MURS, or 
MICS following the procedures in part 2 of this chapter. * * *

    25. Section 95.631 is amended by adding a new paragraph (j) to read 
as follows:


Sec. 95.631  Emission types.

* * * * *
    (j) A MURS station may transmit any emission type as specified in 
Sec. 90.207 of this chapter.

    26. A new section 95.632 is added to read as follows:


Sec. 95.632  MURS transmitter frequencies.

    (a) The MURS transmitter channel frequencies are 151.820 MHz, 
151.880 MHz, 151.940 MHz, 154.570 MHz, 154.600 MHz.

[[Page 60878]]

    (b) The authorized bandwidth is 11.25 kHz on frequencies 151.820 
MHz, 151.880 MHz and 151.940 MHz. The authorized bandwidth is 12.5 kHz 
on frequencies 154.570 and 154.600 kHz.
    (c) MURS transmitters must maintain a frequency stability of 5.0 
ppm, or 2.0 ppm if designed to operate with a 6.25 kHz bandwidth.

    27. Section 95.633 is amended by adding a new paragraph (f) to read 
as follows:


Sec. 95.633  Emission bandwidth.

* * * * *
    (f) The authorized bandwidth for any emission type transmitted by a 
MURS transmitter is specified in Sec. 90.209 of this chapter.

    28. Section 95.635 is amended by adding a new paragraph (e) to read 
as follows:


Sec. 95.635  Unwanted radiation.

* * * * *
    (e) For transmitters designed to operate in the MURS, transmitters 
shall comply with Sec. 90.210 of this chapter.

    29. Section 95.639 is amended by adding a new paragraph (h) to read 
as follows:


Sec. 95.639  Maximum transmitter power.

* * * * *
    (h) No MURS unit, under any condition of modulation, shall exceed 2 
W effective radiated power (ERP).

    30. Section 95.649 is revised to read as follows:


Sec. 95.649  Power capability.

    No CB, R/C, LPRS, FRS, MICS, MURS or WMTS unit shall incorporate 
provisions for increasing its transmitter power to any level in excess 
of the limits specified in Sec. 95.639.

    31. Section 95.651 is revised to read as follows:


Sec. 95.651  Crystal control required.

    All transmitters used in the Personal Radio Services must be 
crystal controlled, except an R/C station that transmits in the 26-27 
MHz frequency band, a FRS unit, a LPRS unit, a MURS unit, a MICS 
transmitter, or a WMTS unit.

    32. Appendix 1 to Subpart E is revised to read as follows:

Appendix 1 to Subpart E of Part 95--Glossary of Terms

    The definitions used in this subpart E are:
Authorized bandwidth. Maximum permissible bandwidth of a 
transmission.
Carrier power. Average TP during one unmodulated RF cycle.
CB. Citizens Band Radio Service.
CB transmitter. A transmitter that operates or is intended to 
operate at a station authorized in the CB.
Channel frequencies. Reference frequencies from which the carrier 
frequency, suppressed or otherwise, may not deviate by more than the 
specified frequency tolerance.
Crystal. Quartz piezo-electric element.
Crystal controlled. Use of a crystal to establish the transmitted 
frequency.
dB. Decibels.
EIRP. Effective Isotropic Radiated Power. Antenna input power times 
gain for free-space or in-tissue measurement configurations required 
by MICS, expressed in watts, where the gain is referenced to an 
isotropic radiator.
FCC. Federal Communications Commission.
Filtering. Refers to the requirement in Sec. 95.633(b).
FRS. Family Radio Service.
GMRS. General Mobile Radio Service.
GMRS transmitter. A transmitter that operates or is intended to 
operate at a station authorized in the GMRS.
Harmful interference. Any transmission, radiation or induction that 
endangers the functioning of a radionavigation or other safety 
service or seriously degrades, obstructs or repeatedly interrupts a 
radiocommunication service operating in accordance with applicable 
laws, treaties and regulations.
Mean power. TP averaged over at least 30 cycles of the lowest 
modulating frequency, typically 0.1 seconds at maximum power.
Medical Implant Communications Service (MICS) transmitter. A 
transmitter authorized to operated in the MICS.
Medical implant device. Apparatus that is placed inside the human 
body for the purpose of performing diagnostic or therapeutic 
functions.
Medical implant event. An occurrence or the lack of an occurrence 
recognized by a medical implant device, or a duly authorized health 
care professional, that requires the transmission of data from a 
medical implant transmitter in order to protect the safety or well-
being of the person in whom the medical implant transmitter has been 
implanted.
Medical implant programmer/control transmitter. A MICS transmitter 
that operates or is designed to operate outside of a human body for 
the purpose of communicating with a receiver connected to a medical 
implant device.
Medical implant transmitter. A MICS transmitter that operates or is 
designed to operate within a human body for the purpose of 
facilitating communications from a medical implant device.
MICS. Medical Implant Communications Service.
MURS. Multi-Use Radio Service.
Peak envelope power. TP averaged during one RF cycle at the highest 
crest of the modulation envelope.
R/C. Radio Control Radio Service.
R/C transmitter. A transmitter that operates or is intended to 
operate at a station authorized in the R/C.
RF. Radio frequency.
TP. RF transmitter power expressed in W, either mean or peak 
envelope, as measured at the transmitter output antenna terminals.
Transmitter. Apparatus that converts electrical energy received from 
a source into RF energy capable of being radiated.
W. Watts.

    33. A new Subpart J is added to Part 95 to read as follows:
Subpart J--Multi-Use Radio Service (MURS)

General Provisions

95.1301  Eligibility.
95.1303  Authorized locations.
95.1305  Station identification.
95.1307  Permissible communications.
95.1309  Channel use policy.

Subpart J--Multi-Use Radio Service (MURS)

General Provisions


Sec. 95.1301  Eligibility.

    An entity is authorized by rule to operate a MURS transmitter if it 
is not a foreign government or a representative of a foreign government 
and if it uses the transmitter in accordance with Sec. 95.1309 and 
otherwise operates in accordance with the rules contained in this 
subpart. No license will be issued.


Sec. 95.1303  Authorized locations.

    (a) MURS operation is authorized:
    (1) Anywhere CB station operation is permitted under Sec. 95.405; 
and
    (2) Aboard any vessel of the United States, with the permission of 
the captain, while the vessel is travelling either domestically or in 
international waters.
    (b) MURS operation is not authorized aboard aircraft in flight.
    (c) Anyone intending to operate a MURS unit on the islands of 
Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that 
could pose an interference threat to the Arecibo Observatory shall 
notify the Interference Office, Arecibo Observatory, Post Office Box 
995, Arecibo, Puerto Rico 00613, in writing or electronically, of the 
location of the unit. Operators may wish to consult interference 
guidelines, which will be provided by Cornell University. Operators who 
choose to transmit information electronically should e-mail to: 
[email protected].
    (1) The notification to the Interference Office, Arecibo 
Observatory shall be made 45 days prior to commencing operation of the 
unit. The notification shall state the geographical coordinates of the 
unit.
    (2) After receipt of such notifications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections. 
The operator will be required to make reasonable

[[Page 60879]]

efforts in order to resolve or mitigate any potential interference 
problem with the Arecibo Observatory. If the Commission determines that 
an operator has satisfied its responsibility to make reasonable efforts 
to protect the Observatory from interference, the unit may be allowed 
to operate.


Sec. 95.1305  Station identification.

    A MURS station is not required to transmit a station identification 
announcement.


Sec. 95.1307  Permissible communications.

    (a) MURS stations may transmit voice, data or image signals as 
permitted in this subpart.
    (b) A MURS station may transmit any emission type, subject to the 
limitations contained in Sec. 90.207 of this chapter.
    (c) MURS frequencies may be used for remote control and 
telemetering functions. Emission types A1D, A2D, F1D, F2D are 
authorized and stations used to control remote objects or devices may 
be operated on the continuous carrier transmit mode, except on 
frequency 154.600 MHz.


Sec. 95.1309  Channel use policy.

    (a) The channels authorized to MURS systems by this part are 
available on a shared basis only and will not be assigned for the 
exclusive use of any entity.
    (b) Those using MURS transmitters must cooperate in the selection 
and use of channels in order to reduce interference and make the most 
effective use of authorized facilities. Channels must be selected in an 
effort to avoid interference to other MURS transmissions.

[FR Doc. 00-25276 Filed 10-12-00; 8:45 am]
BILLING CODE 6712-01-P`