`[Federal Register Volume 65, Number 216 (Tuesday, November 7, 2000)]
[Rules and Regulations]
[Pages 66644-66655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28348]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 96-86; FCC 00-348]


Development of Operational Technical and Spectrum Requirements 
For Meeting Federal, State and Local Public Safety Agency Communication 
Requirements through the Year 2010 and Establishment of Rules and 
Requirements For Priority Access Service.

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission adopts a revised band 
plan for the Public Safety 700 MHz band, which is twenty-four megahertz 
of spectrum allocated for public safety services at 764-776 MHz and 
794-806 MHz (``the 700 MHz band''). This new plan represents an 
improved layout and will promote better assignment and operational 
possibilities for the public safety community. The Commission also 
adopts technical criteria to protect certain global navigation 
satellite systems (GNSS). The agency designates channels for mutual aid 
purposes in the public safety bands below 512 MHz to improve 
interoperability capabilities for public safety entities that operate 
in these existing bands.

DATES: Effective December 7, 2000.

FOR FURTHER INFORMATION CONTACT: Peter Daronco [email protected] or 
Karen Franklin [email protected], at (202) 418-0680, Public Safety and 
Private Wireless Division, Wireless Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This document is a summary of the 
Commission's Third Memorandum Opinion and Order (Third MO&O) and Third 
Report and Order (Third R&O), FCC 00-348 in WT Docket No. 96-86, 
adopted on September 18, 2000, and released on October 10, 2000. The 
full text of this Third MO&O and Third R&O is available for inspection 
and copying during normal business hours in the FCC Reference 
Information Center, Room CY-A257, 445 Twelfth Street, SW., Washington, 
DC. The complete text may be purchased from the Commission's copy 
contractor, International Transcription Service, Inc., 1231 20th 
Street, NW., Washington, DC 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.

[[Page 66645]]

Summary of the Third MO&O and the Third R&O

    1. Band Plan. The Third MO&O addresses the remaining issues raised 
in the petitions for reconsideration of the First Report and Order 
(First R&O) in WT Docket No. 96-86, 63 FR 58645, November 2, 1998, 
which are granted to the extent indicated and are otherwise denied. On 
reconsideration, the Commission revises the band plan adopted in the 
First R&O to reposition the location of the narrowband and wideband 
channel groups for the general use, interoperability, and reserve 
spectrum and to designate 48 narrowband channels (24 channel pairs) for 
low power use for on-scene communication. Among the limitations imposed 
on use of these frequencies, the maximum effective radiated power (ERP) 
on these channels is limited to 2 watts. Additionally, applications for 
18 of the channel pairs are subject to the regional planning process 
where the regional planning committee will determine the most 
appropriate low power application(s) on these channels and the 
frequency coordinators will be responsible for providing appropriate 
interference protection. The other 6 channel pairs will be licensed on 
a nationwide, itinerant basis. A Commission license will be required 
for operation on any of the low power channels.
    2. In the Third R&O portion of this combined item, the Commission 
addresses designation and licensing issues for spectrum reserved in the 
First R&O to be subject to the Third Notice of Proposed Rule Making 
(Third NPRM) in WT Docket No. 96-86, 63 FR 58685, November 2, 1998. The 
Commission designates 2.4 MHz of spectrum, all narrowband channels for 
statewide, geographic-area licenses. The governor, or designee, of each 
state has the option until December 31, 2001, to apply for all or part 
of this 2.4 MHz of spectrum under a state license. Whatever spectrum 
has not been applied for by December 31, 2001, will revert to General 
Use public safety and will be administered by the relevant RPC. Each 
state license will be granted subject to the condition that the state 
certifies, on or before each applicable benchmark date, that it is 
providing or prepared to provide ``substantial service'' as set forth 
in the new Sec. 90.529 of the Commission's Rules. The Commission 
reserves 6.2 MHz of the 24 MHz allocated for public safety for future 
developments in broadband technologies. Of the 6.2 MHz reserved, 0.8 
MHz is set-aside pending resolution of interoperability guard band 
issues raised in the Fourth Notice of Proposed Rulemaking (Fourth NPRM) 
in WT Docket No. 96-86, 65 FR 51788, August 2, 2000. The remaining 5.4 
MHz of the 700 MHz band are grouped into four segments of 1.35 MHz each 
located between the narrowband and wideband segments and reserved for 
future developments in broadband technologies.
    3. Protection of Satellite-Based Global Systems. The Commission 
designates 794-806 MHz band for mobile-to-base communications because; 
in part, of its proximity to the adjacent 806-824 MHz band and in an 
effort to facilitate unit-to-unit operations in the 700 MHz and 800 MHz 
bands. The Commission also adopted specific emission limits for 
equipment operating in the 1559-1610 MHz band that will sufficiently 
protect aeronautical radionavigation operations. Outside of the 1559-
1610 MHz band, the Commission's traditional standard (i.e., generally 
43 + 10 log P) will apply.
    4. Interoperability Below 512 MHz. The Commission designates 5 VHF 
channels in the 150-174 MHz band and 4 UHF channel pairs in the 450-512 
MHz band for nationwide interoperability use. For existing licensees 
operating on these channels, the Commission provides a transition 
period through January 1, 2005, after which these licensees will be 
secondary to interoperability communication. Under our Rules, an entity 
must have a license to operate a base or control station on these 
interoperability channels. Mobile operation, however, is permitted on 
these channels without an individual license (i.e., a blanket licensing 
approach). Public safety licensees who are eligible to hold a part 90 
license, or who are otherwise licensed under part 90 of our Rules, can 
operate mobile units on these interoperability channels without an 
individual license. Additionally, as suggested in comments, we also 
will require, as of January 1, 2005, every newly certified public 
safety mobile radio unit to have the capacity to transmit and receive 
on at least one nationwide interoperability channel (i.e., the calling 
channel) in the band in which it is operating. For licensing and 
administration of these interoperability channels, the Commission will 
rely on the four public safety frequency coordinators, who we envision 
will jointly develop an interoperability plan regarding the management 
and nationwide use of these interoperability channels, perhaps in 
concert with the group(s) tasked with administering the 
interoperability channels in the 700 MHz band. Additionally, the 
Commission designates two channels in the 156-162 MHz band for 
interoperability purposes in thirty-three inland Economic Areas and 
adopts criteria for licensing on these channels, including frequency 
coordination. Until general interoperability provisions can be made 
with Canada and Mexico, interoperability operations within the Canadian 
and Mexican border areas will need to be coordinated on an individual 
basis with these countries in the usual manner.

Third Supplemental Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in Appendix A 
of the Second Notice of Proposed Rulemaking (Second NPRM) 62 FR 60199, 
November 7, 1999 issued in this proceeding. The Commission sought 
written public comments on the proposals in the Second NPRM, including 
comments on the IRFA. No comments were filed in direct response to the 
IRFA. Subsequently, a Final Regulatory Flexibility Analysis (FRFA) was 
incorporated in Appendix A of the First R&O issued in this proceeding. 
A Supplemental Final Regulatory Flexibility Analysis, (SFRFA) was 
incorporated in Appendix A of the Memorandum Opinion and Order on 
Reconsideration, (First MO&O) 64 FR 60123, November 4, 1999, issued in 
this proceeding. A Second Supplemental Final Regulatory Flexibility 
Analysis Second SFRFA was incorporated in Appendix A of the Second 
Memorandum Opinion and Order (Second MO&O) issued in this proceeding. 
The Third Supplemental Final Regulatory Flexibility Analysis (Third 
SFRFA) contained in this Third MO&O supplements the information 
contained in the FRFA, First SFRFA, and Second SFRFA and is limited to 
matters raised on reconsideration or clarification with regard to the 
First R&O and addressed in this Third MO&O. This Third SFRFA conforms 
to the RFA.

I. Need for, and Objectives of, the Third MO&O

    1. In this Third MO&O, we address the multiple Petitions for 
Reconsideration and/or Clarification filed in connection with the First 
R&O in this docket that established a band plan and adopted service 
rules in the newly-reallocated public safety spectrum at 764-776 MHz 
and 794-806 MHz (``the 700 MHz band''). This Third MO&O presents our 
decisions in response to those various portions of the petitions that 
address the: (i) Band plan

[[Page 66646]]

for the 700 MHz band, and (ii) low power narrowband devices for on-
scene communication.
    2. In the Third MO&O, we revise the band plan adopted in the First 
R&O to reposition the location of the narrowband and wideband channel 
groups for the general use, interoperability, and reserve spectrum. We 
also modify the adopted narrowband general use channel plan by 
designating forty-eight narrowband channels for low power use for on-
scene communication. These clarifications are needed in order to 
promote efficient spectrum usage and flexibility.

II. Summary of Significant Issues Raised by Public Comments in Response 
to the FRFA

    3. No comments were filed in direct response to the FRFA.

III. Description and Estimate of Numbers of Small Entities Affected by 
Rule Amendment

    4. The RFA directs agencies to provide a description of, and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one which: (i) Is independently owned 
and operated; (ii) is not dominant in its field of operation; and (iii) 
satisfies any additional criteria established by the Small Business 
Administration (``SBA''). A small organization is generally ``any not-
for-profit enterprise which is independently owned and operated and is 
not dominant in its field.'' Nationwide, as of 1992, there were 
approximately 275,801 small organizations. ``Small governmental 
jurisdiction'' generally means ``governments of cities, counties, 
towns, townships, villages, school districts, or special districts, 
with a population of less than 50,000.'' As of 1992, there were 
approximately 85,006 such jurisdictions in the United States. This 
number includes 38,978 counties, cities, and towns; of these, 37,566, 
or ninety-six percent, have populations of fewer than 50,000. The 
Census Bureau estimates that this ratio is approximately accurate for 
all governmental entities. Thus, of the 85,006 governmental entities, 
we estimate that 81,600 (ninety-one percent) are small entities.
    5. Public Safety Radio Pool Licensees. As a general matter, Public 
Safety Radio Pool licensees include police, fire, local government, 
forestry conservation, highway maintenance, and emergency medical 
services. Spectrum in the 700 MHz band for public safety services is 
governed by 47 U.S.C. 337; there are approximately 127,540 licensees 
within these services. Non-Federal governmental entities as well as 
private businesses are licensees for these services. All governmental 
entities with populations of less than 50,000 fall within the 
definition of a small entity. The rule changes adopted in this Third 
MO&O could affect public safety entities who wished to utilize 
frequencies in the low power pool for uses such as on-scene 
firefighting communications and various other short-range 
communications systems which would be developed for 700 MHz band 
equipment.
    6. Radio and Television Equipment Manufacturers. We anticipate that 
at least six radio equipment manufacturers will be affected by our 
decisions in this proceeding. According to the SBA's regulations, a 
radio and television broadcasting and communications equipment 
manufacturer must have 750 or fewer employees in order to qualify as a 
small business concern. Census Bureau data indicate that there are 858 
U.S. firms that manufacture radio and television broadcasting and 
communications equipment, and that 778 of these firms have fewer than 
750 employees and would therefore be classified as small entities.
    7. Television Stations. This proceeding will affect full service TV 
station licensees (Channels 60-69), TV translator facilities, and low 
power TV (``LPTV'') stations. The SBA defines a TV broadcasting station 
that has no more than $10.5 million in annual receipts as a small 
business. TV broadcasting stations consist of establishments primarily 
engaged in broadcasting visual programs by TV to the public, except 
cable and other pay TV services. Included in this industry are 
commercial, religious, educational, and other TV stations. Also 
included are establishments primarily engaged in TV broadcasting and 
which produce taped TV program materials. Separate establishments 
primarily engaged in producing taped TV program materials are 
classified under another SIC number. There were 1,509 TV stations 
operating in the Nation in 1992. That number has remained fairly 
constant as indicated by the approximately 1,551 operating TV 
broadcasting stations in the Nation as of February 28, 1997. For 1992, 
the number of TV stations that produced less than $10.0 million in 
revenue was 1,155 establishments, or approximately 77 percent of the 
1,509 establishments. There are currently 95 full service analog TV 
stations, either operating or with approved construction permits on 
channels 60-69.
    8. In the DTV Proceeding, we adopted a Digital Television (``DTV'') 
Table, which provides only 15 allotments for digital television 
stations on channels 60-69 in the continental United States. There are 
seven DTV allotments in channels 60-69 outside the continental United 
States. Thus, the rules will affect approximately 117 TV stations; 
approximately 90 of those stations may be considered small businesses. 
These estimates may overstate the number of small entities since the 
revenue figures on which they are based do not include or aggregate 
revenues from non-TV affiliated companies. We recognize that the rules 
may also impact minority-owned and women-owned stations, some of which 
may be small entities. In 1995, minorities owned and controlled 37 (3.0 
percent) of 1,221 commercial TV stations in the United States. 
According to the U.S. Bureau of the Census, in 1987 women owned and 
controlled 27 (1.9 percent) of 1,342 commercial and non-commercial TV 
stations in the United States.
    9. There are currently 4,977 TV translator stations and 1,952 LPTV 
stations. Approximately 1,309 low power TV and TV translator stations 
are on channels 60-69 which could be affected by policies in this 
proceeding. The Commission does not collect financial information on 
any broadcast facility and the Department of Commerce does not collect 
financial information on these broadcast facilities. We will assume for 
present purposes, however, that most of these broadcast facilities, 
including LPTV stations, could be classified as small businesses. As 
indicated earlier, approximately 77 percent of TV stations are 
designated under this analysis as potentially small businesses.

IV. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    10. The only compliance requirement that is newly imposed by this 
Third MO&O is that we now require applicants for channels which where 
once reserved and are now available for low power licensing to go 
through the regional planning committee (RPC) process, including 
frequency coordination. RPCs will be responsible for determining the 
most appropriate low power application(s) on these channels and the 
frequency

[[Page 66647]]

coordinators will be responsible for providing appropriate interference 
protection.

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

    11. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (i) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (ii) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(iii) the use of performance, rather than design, standards; and (iv) 
an exemption from coverage of the rule, or any part thereof, for small 
entities.
    12. Channel Plans. We appropriately decided to modify the 
narrowband and wideband interoperability channeling plans to permit the 
use of efficient transmitter combiners for common antennas. This 
revision lowers costs for public safety entities. Thus, these rule 
changes will benefit all public safety entities, including small 
entities. On the other hand, denying these petitions was not a viable 
alternative because maintaining the channel plan adopted in the First 
R&O would have increased costs for public safety entities, including 
small entities, by precluding the use of combiners. Additionally, our 
decision grouping the reserve spectrum into four segments of 1.35 MHz 
each located between the narrowband and wideband segments offers 
improved flexibility to accommodate future requirements that are 
unforeseen at this time. These rule changes will have future benefits 
for all public safety entities, including small entities.
    13. Low Power Channels. Our decision allocating channels nationwide 
for low power mobile operations offers improved flexibility for the 
public safety community to meet specialized, on-scene communication 
requirements. Thus, these rule changes will benefit all public safety 
entities, including small entities. Moreover, designating the twenty-
four pairs as low power channels nationwide will lower costs for 
equipment manufacturers and public safety users, including small 
entities, as will our decision to exempt these low power devices from 
the interoperability capability, digital modulation, and trunking 
requirements. The regional planning and frequency coordination process 
that we apply to the ``regional'' channels and the licensing process 
that we apply to all of these channels are necessary to minimize 
interference. We minimized burdens by exempting the nationwide, 
itinerant channels from regional planning and frequency coordination. 
This exemption benefits all public safety entities including small 
entities, resulting in reduced costs and improved operational 
flexibility to meet on-scene communication requirements. We also note 
that about half of the new low power channels were previously general 
use channels and thus already subject to regional planning, frequency 
coordination, and licensing under the First R&O. Other alternatives 
were not changing the rule and/or requiring regional planning and 
frequency coordination for all of the low power channels. Our decision 
reflects a balance between the need to minimize interference and the 
need for operational flexibility.
    14. By establishing this low power designation, we ease the 
economic burden, of funding communications systems in the new 700 MHz 
band, on public safety agencies, including small entities, that forego 
purchasing more expensive high power equipment when less expensive low-
power equipment meets their short distance communications needs. We 
also ease the burden on equipment manufacturers, including small 
entities, because this low power designation provides flexibility to 
produce high-power equipment, low-power equipment, or both. Moreover, 
exempting this low power equipment from the interoperability capability 
requirement will quicken the type certification process for 
manufacturers of this low power equipment.

Report to Congress

    The Commission will send a copy of the Third MO&O, including the 
Third Supplemental Final Regulatory Flexibility Analysis, in a report 
to be sent to Congress pursuant to SBREFA. A copy of the Third MO&O 
including the Third Supplemental Final Regulatory Flexibility Analysis 
(or summaries thereof) will also be published in the Federal Register. 
In addition, the Commission will send a copy of the Third MO&O, 
including this Final Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the SBA.

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), Initial 
Regulatory Flexibility Analysis (collectively referred to as ``IRFAs'') 
were incorporated in the Notice of Proposed Rule Making (Public Safety 
NPRM) 61 FR 25185, May 20, 1996, the Second Notice of Proposed Rule 
Making (Second NPRM) and the Third Notice of Proposed Rulemaking (Third 
NPRM) in Docket 96-86. The Commission sought written public comments on 
the proposals in the Public Safety NPRM, Second NPRM, and Third NPRM, 
including comments on the IRFAs. No comments on the IRFAs were 
received. This Final Regulatory Flexibility Analysis (``FRFA'') 
conforms to the RFA.

1. Need for, and Objective of, the Third R&O.

    15. In the Third R&O portion of this combined item, we address 
technical, designation and licensing issues for the spectrum that we 
reserved in the First R&O to be ``subject to the Third NPRM''. In 
addition, we adopt technical criteria for 700 MHz band operations to 
protect satellite-based global navigation systems (``GNSS'') from 
harmful interference and establish measures to promote interoperability 
on public safety channels below 512 MHz. These are crucial 
developmental steps towards the flexible regulatory framework needed to 
meet vital current and future public safety communications needs.

I. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFAs

    16. Based on the comments submitted generally by small entities, 
the Commission found that the rules we proposed to adopt in this 
proceeding may have a significant impact on a substantial number of 
small businesses. Therefore, the IRFAs solicited comments on 
alternatives to our proposed rules that would minimize the impact on 
small entities consistent with the objectives of this proceeding. No 
comments were submitted directly in response to the IRFAs; however, as 
described in Section V, we have taken into account all general comments 
received which addressed the impact on small entities.

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

    17. The RFA generally defines the term ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. A small business 
concern is one which: (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 66648]]

SBA. A small organization is generally ``any not-for-profit enterprise 
which is independently owned and operated and is not dominant in its 
field.'' Nationwide, as of 1992, there were approximately 275,801 small 
organizations. ``Small governmental jurisdiction'' generally means 
``governments of cities, counties, towns, townships, villages, school 
districts, or special districts, with a population of less than 
50,000.'' As of 1992, there were approximately 85,006 such 
jurisdictions in the United States. This number includes 38,978 
counties, cities, and towns; of these, 37,566, or ninety-six percent, 
have populations of fewer than 50,000. The Census Bureau estimates that 
this ratio is approximately accurate for all governmental entities. 
Thus, of the 85,006 governmental entities, we estimate that 81,600 
(ninety-one percent) are small entities.
    18. Public Safety Radio Pool Licensees. As a general matter, Public 
Safety Radio Pool licensees include police, fire, local government, 
forestry conservation, highway maintenance, and emergency medical 
services. Spectrum in the 700 MHz band for public safety services is 
governed by 47 U.S.C. 337; there are approximately 127,540 licensees 
within these services. Non-Federal governmental entities as well as 
private businesses are licensees for these services. All governmental 
entities with populations of less than 50,000 fall within the 
definition of a small entity. The rule changes adopted in this Third 
MO&O could affect public safety entities who wished to utilize 
frequencies in the low power pool for uses such as on-scene 
firefighting communications and various other short-range 
communications systems which would be developed for 700 MHz band 
equipment. As required by the Regulatory Flexibility Act (RFA), Initial 
Regulatory Flexibility Analysis (collectively referred to as ``IRFAs'') 
were incorporated in the Public Safety Notice, the Second Notice and 
the Third Notice in Docket 96-86. The Commission sought written public 
comments on the proposals in the Public Safety NPRM, Second NPRM, and 
Third NPRM, including comments on the IRFAs. No comments on the IRFAs 
were received. This Final Regulatory Flexibility Analysis (``FRFA'') 
conforms to the RFA.
    19. Radio and Television Equipment Manufacturers. We anticipate 
that at least six radio equipment manufacturers will be affected by our 
decisions in this proceeding. According to the SBA's regulations, a 
radio and television broadcasting and communications equipment 
manufacturer must have 750 or fewer employees in order to qualify as a 
small business concern. Census Bureau data indicate that there are 858 
U.S. firms that manufacture radio and television broadcasting and 
communications equipment, and that 778 of these firms have fewer than 
750 employees and would therefore be classified as small entities.
    20. Television Stations. This proceeding will affect full service 
TV station licensees (Channels 60-69), TV translator facilities, and 
low power TV (LPTV) stations. The SBA defines a TV broadcasting station 
that has no more than $10.5 million in annual receipts as a small 
business. TV broadcasting stations consist of establishments primarily 
engaged in broadcasting visual programs by TV to the public, except 
cable and other pay TV services. Included in this industry are 
commercial, religious, educational, and other TV stations. Also 
included are establishments primarily engaged in TV broadcasting and 
which produce taped TV program materials. Separate establishments 
primarily engaged in producing taped TV program materials are 
classified under another SIC number.
    21. There were 1,509 TV stations operating in the Nation in 1992. 
That number has remained fairly constant as indicated by the 
approximately 1,551 operating TV broadcasting stations in the Nation as 
of February 28, 1997. For 1992, the number of TV stations that produced 
less than $10.0 million in revenue was 1,155 establishments, or 
approximately 77 percent of the 1,509 establishments. There are 
currently 95 full service analog TV stations, either operating or with 
approved construction permits on channels 60-69. In the DTV Proceeding, 
we adopted a Digital Television (``DTV'') Table which provides only 15 
allotments for DTV stations on channels 60-69 in the continental United 
States. There are seven DTV allotments in channels 60-69 outside the 
continental United States. Thus, the rules will affect approximately 
117 TV stations; approximately 90 of those stations may be considered 
small businesses. These estimates may overstate the number of small 
entities since the revenue figures on which they are based do not 
include or aggregate revenues from non-TV affiliated companies. We 
recognize that the rules may also impact minority-owned and women-owned 
stations, some of which may be small entities. In 1995, minorities 
owned and controlled 37 (3.0 percent) of 1,221 commercial TV stations 
in the United States. According to the U.S. Bureau of the Census, in 
1987 women owned and controlled 27 (1.9 percent) of 1,342 commercial 
and non-commercial TV stations in the United States. There are 
currently 4,977 TV translator stations and 1,952 LPTV stations. 
Approximately 1,309 low power TV and TV translator stations are on 
channels 60-69 which could be affected by policies +in this proceeding. 
The Commission does not collect financial information of any broadcast 
facility and the Department of Commerce does not collect financial 
information on these broadcast facilities. We will assume for present 
purposes, however, that most of these broadcast facilities, including 
LPTV stations, could be classified as small businesses. As indicated 
earlier, approximately 77 percent of TV stations are designated under 
this analysis as potentially small businesses. Given this, LPTV and TV 
translator stations would not likely have revenues that exceed the SBA 
maximum to be designated as small businesses.

III. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    22. This Third R&O adopts some rules that will entail additional 
compliance requirements. These three additional requirements may have 
an effect on small entities. First, we adopt additional technical 
criteria for 700 MHz band operations. These new requirements are 
enacted in order to protect satellite-based global navigation systems 
from harmful interference. Although this requirement may result in 
increases in manufacturing costs, including for small manufacturing 
entities, and may result in higher equipment costs, including for small 
entities, this modification is essential due to safety concerns related 
to GNSS operations. Second, we establish measures to promote 
interoperability on public safety channels below 512 MHz. After January 
1, 2005, applications for equipment certification will only be granted 
for mobile and portable transmitters operating on public safety 
frequencies in the 150-174 MHz and/or 450-470 MHz bands that are 
capable of operating on at least one nationwide public safety 
interoperability channel designated in the band(s) in which the 
equipment operates. Although this requirement may result in increases 
in manufacturing costs, including for small manufacturing entities, and 
may result in higher equipment costs, including for small entities, 
this modification is essential to improve interoperability capabilities 
in existing public safety bands for public safety entities, including 
small entities, that operate in

[[Page 66649]]

these bands. Lastly, we also require applicants for interoperability 
channels designated in the 156-162 MHz band (in thirty-three inland VHF 
public coast areas (VPC)) to complete the frequency coordination 
process. This process requires applicants to pay fees to frequency 
coordinators. These fees are generally based on the number of sites, 
frequencies, and complexity of the coordination process. The adoption 
of these rules is crucial in order to minimize the potential for 
interference among the varied users of these channels.

IV. Steps Taken Tto Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    23. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (i) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (ii) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(iii) the use of performance, rather than design, standards; and (iv) 
an exemption from coverage of the rule, or any part thereof, for small 
entities.
    24. State License. We designate 2.4 MHz of the 700 MHz band for 
licensing directly to each state. The rules we adopt will preclude all 
non-state entities from being licensed for the designated state license 
frequencies. Most commenters agreed that licensing states for this 
amount of spectrum (for state agency use) is reasonable. We also 
include provisions to ensure that this spectrum will become available 
for ``general use'' if a given state either (i) declines to apply for a 
state license or (ii) fails to provide or be prepared to provide 
``substantial service'' by certain benchmark dates. Additionally, we 
amend Sec. 90.179 to allow states to share the use of the 2.4 MHz of 
spectrum with local and other public safety entities, which removes an 
impediment to small entities accessing this spectrum under sharing 
agreements with states. We considered a variety of alternative 
approaches for the use and licensing of the reserve spectrum. We 
declined to adopt an alternative ``State Licensing'' approach under 
which states--rather than regional planning committees--would manage 
state, local, and Federal use of all or most of the 8.8 MHz of spectrum 
reserved subject to the Third NPRM. While there were no comments 
specifically responding to the IRFAs, we considered numerous comments 
that raised the concern that licensing states for the entire amount 
would designate the spectrum in a manner deleterious to small entities. 
Accordingly, we designated an appropriate amount of spectrum for state 
use instead of designating all of the reserve spectrum to manage. We 
also believe our decision to allocate the same 2.4 MHz nationwide will 
benefit small entities because they will not face the possibility of 
interference on a variety of frequencies from their parent state as 
well as from adjoining states.
    25. GNSS Protection Criteria. The technical solutions we adopt to 
protect certain global navigation satellite systems (``GNSS'') will 
impact all manufacturers of equipment that operates in the 700 MHz 
public safety band. This includes even small manufacturing entities. 
However, as discussed in the Third Report and Order, these limits are 
necessary to protect GNSS operations, including Global Orbiting 
Navigation Satellite Systems and Global Positioning System in 
accordance with international requirements. Moreover, Congress directed 
the Commission to ``protect the integrity of the [GPS] frequency 
spectrum against interference and disruption.'' Nevertheless, we have 
attempted to minimize, to the extent possible, the effect of these 
additional technical requirements.
    26. Interoperability below 512 MHz. We establish measures to 
promote interoperability on public safety channels below 512 MHz by 
designating specific channels in each band for nationwide 
interoperability purposes. We did this because the record demonstrated 
the need for improved interoperability capabilities below 512 MHz. This 
designation requires that existing licensees on these channels operate 
on a secondary basis to interoperability communication. In order to 
minimize the impact of these rules, we ``grandfathered'' these 
licensees on a secondary basis only to interoperability communication 
rather than ordering them to vacate the channels or use them 
exclusively for interoperability purposes. We also provide these 
licensees a transition period, until January 1, 2005. We selected the 
``least licensed channels'' in each band to minimize the economic 
impact arising from the need to designate interoperability channels in 
these existing public safety bands. Additionally, after January 1, 
2005, applications for equipment certification will only be granted for 
mobile and portable transmitters operating on public safety frequencies 
in these bands that are capable of operating on at least one nationwide 
public safety interoperability channel designated in the band(s) in 
which the equipment operates. We provide a similar transition period 
for equipment manufacturers in order to minimize the impact of these 
rules. This transition period will allow small manufacturing entities, 
in particular, an opportunity to plan for this new requirement. The 
alternative of not adopting this interoperability capability 
requirement was not acceptable because of the need to improve public 
safety interoperability below 512 MHz. Lastly, we also require 
applicants for interoperability channels designated in the 156-162 MHz 
band (in thirty-three inland VHF public coast areas (VPC)) to complete 
the frequency coordination and licensing process. We briefly considered 
the alternative of not requiring frequency coordination for these 
channels. This was unacceptable because of the potential for 
interference among the varied users of these channels.
    27. As discussed in the Third R&O, we note that one reason for 
establishing measures to promote interoperability below 512 MHz is to 
assist public safety entities, including small entities, that cannot 
afford to or do not want to purchase equipment in the new 700 MHz 
public safety band, wherein 2.6 megahertz of spectrum is designated for 
nationwide interoperability. We also attempted to minimize burdens on 
public safety entities, including small entities, by not requiring that 
existing public safety licensees apply-for and be licensed to operate 
mobile and portable transmitters on the nationwide interoperability 
channels in the existing public safety bands below 470 MHz.

Report to Congress

    The Commission will send a copy of the Third R&O, including this 
Final Regulatory Flexibility Analysis, in a report to be sent to 
Congress pursuant to SBREFA. A copy of the Third R&O including the 
Final Regulatory Flexibility Analysis (or summaries thereof) will also 
be published in the Federal Register. In addition, the Commission will 
send a copy of the Third R&O, including the Final Regulatory 
Flexibility Analysis to the Chief Counsel for Advocacy of the SBA.

Ordering Clauses

    1. Authority for issuance of this Third Memorandum Opinion and 
Order and Third Report and Order is contained in sections 4(i), 302, 
303(f) and (r), 332, and 337 of the Communications Act of

[[Page 66650]]

1934, as amended, 47 U.S.C. 154(i), 302, 303(f) and (r), 332, 337.
    2. Pursuant to 4(i), 302, 303(f) and (r), 332, and 337 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 302, 303(f) 
and (r), 332, 337 that part 90 of the Commission's Rules, 47 CFR part 
90, is amended as set forth in the rule changes, effective December 7, 
2000 of this Third MO&O and Third R&O
    3. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Third MO&O and Third R&O, 
including the Supplemental Final and Final Regulatory Flexibility 
Analyses, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio requirements.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 90 as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    1. 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).


    2. 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, 
Industrial/Business Radio Pool, and Radiolocation Radio Services. These 
rules do not govern the licensing of radio systems belonging to and 
operated by the United States.

    3. Section 90.7 is amended by adding definitions for 
Interoperability and State to read as follows:


Sec. 90.7  Definitions.

* * * * *
    Interoperability. An essential communication link within public 
safety and public service wireless communications systems which permits 
units from two or more different entities to interact with one another 
and to exchange information according to a prescribed method in order 
to achieve predictable results.
* * * * *
    State. Any of the 50 United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, the U.S. Virgin Islands, American Samoa, and Guam.
* * * * *

    4. Section 90.20 is amended in paragraph (c)(3) in the table under 
Megahertz by revising the entries for 151.130, 151.1375, 151.145, 
154.445, 154.4525, 155, 745, 155.7525, 155.760, 158.730, 158.7375, 
158.745, 159.465, 159.4725, 453.200, 453.20625, 453.2125, 453.21875, 
453.225, 453.450, 453.45625, 453.4625, 453.46875, 453.475, 453.700, 
453.70625, 453.7125, 453.71875, 453.725, 453.850, 453.85625, 453.8625, 
453.86875, 453.875, 458.200, 458.20625, 458.2125, 458.21875, 458.225, 
458.450, 458.45625, 458.4625, 458.46875, 458.475, 458.700, 458.70625, 
458.7125, 458.71875, 458.725, 458.850, 458.85625, 458.8625, 458.86875, 
458.875 and by adding paragraphs (d)(80) through (d)(83) and paragraph 
(g) 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
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
151.130..............................  ......do................  28, 81.................  PH
151.1375.............................  ......do................  27, 28, 80.............  PH
151.145..............................  ......do................  28, 81.................  PO
 
*                  *                  *                  *                  *                  *
                                                        *
154.445..............................  ......do................  28, 81.................  PF
154.4525.............................  ......do................  27, 28, 80.............  PF
 
*                  *                  *                  *                  *                  *
                                                        *
155.745..............................  ......do................  81.....................  PX
155.7525.............................  ......do................  27, 80, 83.............  PX
155.760..............................  ......do................  81.....................  PX
 
*                  *                  *                  *                  *                  *
                                                        *
158.730..............................  ......do................  81.....................  PP
158.7375.............................  ......do................  27, 80.................  PP
158.745..............................  Base or mobile..........  81.....................  PX
 
*                  *                  *                  *                  *                  *
                                                        *
159.465..............................  ......do................  81.....................  PO
158.4725.............................  ......do................  27, 80.................  PO
 
*                  *                  *                  *                  *                  *
                                                        *
453.200..............................  ......do................  81.....................  PX
453.20625............................  ......do................  44, 82.................  PX
453.2125.............................  ......do................  27, 80, 83.............  PX
453.21875............................  ......do................  44, 82.................  PX
453.225..............................  ......do................  81.....................  PX

[[Page 66651]]

 
 
*                  *                  *                  *                  *                  *
                                                        *
453.450..............................  ......do................  81.....................  PX
453.45625............................  ......do................  44, 82.................  PX
453.4625.............................  ......do................  27, 80.................  PX
453.46875............................  ......do................  44, 82.................  PX
453.475..............................  ......do................  81.....................  PX
 
*                  *                  *                  *                  *                  *
                                                        *
453.700..............................  ......do................  81.....................  PX
453.70625............................  ......do................  44, 82.................  PX
453.7125.............................  ......do................  27, 80.................  PX
453.71875............................  ......do................  44, 82.................  PX
453.725..............................  ......do................  81.....................  PX
 
*                  *                  *                  *                  *                  *
                                                        *
453.850..............................  ......do................  81.....................  PX
453.85625............................  ......do................  44, 82.................  PX
453.8625.............................  ......do................  27, 80.................  PX
453.86875............................  ......do................  44, 82.................  PX
453.875..............................  ......do................  81.....................  PX
 
*                  *                  *                  *                  *                  *
                                                        *
458.200..............................  ......do................  81.....................  PX
458.20625............................  ......do................  44, 82.................  PX
458.2125.............................  ......do................  27, 80, 83.............  PX
458.21875............................  ......do................  44, 82.................  PX
458.225..............................  ......do................  81.....................  PX
 
*                  *                  *                  *                  *                  *
                                                        *
458.450..............................  ......do................  81.....................  PX
458.45625............................  ......do................  44, 82.................  PX
458.4625.............................  ......do................  27, 80.................  PX
458.46875............................  ......do................  44, 82.................  PX
458.475..............................  ......do................  81.....................  PX
 
*                  *                  *                  *                  *                  *
                                                        *
458.700..............................  ......do................  81.....................  PX
458.70625............................  ......do................  44, 82.................  PX
458.7125.............................  ......do................  27, 80.................  PX
458.71875............................  ......do................  44, 82.................  PX
458.725..............................  ......do................  81.....................  PX
 
*                  *                  *                  *                  *                  *
                                                        *
458.850..............................  ......do................  81.....................  PX
458.85625............................  ......do................  44, 82.................  PX
458.8625.............................  ......do................  27, 80.................  PX
458.86875............................  ......do................  44, 82.................  PX
458.875..............................  ......do................  81.....................  PX
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

    (d) * * *
    (80) After December 7, 2000 this frequency is available primarily 
for public safety interoperability only communications. Stations 
licensed prior to December 7, 2000 may continue to use this frequency 
on a co-primary basis until January 1, 2005. After January 1, 2005, all 
operations will be secondary to co-channel interoperability 
communications.
    (81) After December 7, 2000 new stations will only be licensed with 
an authorized bandwidth not to exceed 11.25 kHz. Licensees authorized 
prior to December 7, 2000 may continue to use bandwidths wider than 
11.25 kHz on a co-primary basis until January 1, 2005. After January 1, 
2005, all stations operating with an authorized bandwidth greater than 
2006. 11.25 kHz will be secondary to adjacent channel interoperability 
operations.
    (82) This frequency is reserved for assignment only in support of, 
and on a secondary basis to, nationwide interoperability use.
    (83) This interoperability frequency is dedicated for the express 
purpose of nationwide interoperability calling.
* * * * *
    (g) Former public correspondence working channels in the maritime 
VHF (156-162 MHz) band allocated for public safety use in 33 inland 
Economic Areas.
    (1) We define service areas in the marine VHF (156-162 MHz) band by 
forty-two geographic areas called VHF Public Coast Service Areas 
(VPCSAs). See Sec. 80.371(c)(1)(ii) of this chapter (Public 
correspondence frequencies). VPCSAs are based on, and composed of one 
or more of, the U.S. Department of Commerce's 172 Economic Areas (EAs). 
See 60 Fed Reg. 13114 (Mar. 10, 1995). You may inspect and copy maps of 
the

[[Page 66652]]

EAs and VPCSAs at the FCC Reference Center, Room CY A-257, 445 12th 
St., S.W., Washington, DC 20554. These maps and data are also available 
on the FCC website at http://www.fcc.gov/oet/info/maps/areas/. We 
number public correspondence channels in the maritime VHF (156-162 MHz) 
band as channels 24 to 28 and channels 84 to 88. Each channel number 
represents a channel pair. See Sec. 80.371(c) of this chapter.
    (2) We allocated two contiguous 25 kHz public correspondence 
channels in the maritime VHF (156-162 MHz) band for public safety use 
in 33 VPCSAs that are not near major waterways. These 33 VPCSAs are 
located in an inland region stretching from the western Great Plains to 
eastern California and Oregon. Each of these 33 inland VPCSAs 
corresponds to a single EA. Channel pairs 25, 84, and 85 are paired 25 
kHz bandwidth channels as set forth in paragraph (g)(2)(i) Table A of 
this section. In each of the 33 inland VPCSAs/EAs listed in paragraph 
(g)(2)(i)Table B of this section, two of these three channel pairs are 
allocated for public safety use by entities eligible for licensing 
under paragraph (a) of this section.
    (i) Channel Numbers and Corresponding Center Frequencies, and 
Certified Coordinators Table A as follows:

       Table A.--List of Channel Numbers and Corresponding Center Frequencies, and Certified Coordinators
----------------------------------------------------------------------------------------------------------------
                                              Mobile station      Base station
                Channel No.                  transmit center    transmit center             Coordinator
                                            frequency  in MHz  frequency  in MHz
----------------------------------------------------------------------------------------------------------------
25........................................            157.250            161.850  PX
84........................................            157.225            161.825  PX
85........................................            157.275            161.875  PX
----------------------------------------------------------------------------------------------------------------

    (ii) Channels Allocated for Public Safety Use in 33 Inland VPCSAs/
Eas Table B as follows:

 Table B.--List of Channels Allocated for Public Safety Use in 33 Inland
                               VPCSAs/EAs
------------------------------------------------------------------------
                                                                Public
                                                  Economic      safety
VHF public coast service area        Name           area       channel
                                                                pairs
------------------------------------------------------------------------
10...........................  Grand Forks.....         110  25, 84
11...........................  Minot...........         111  25, 84
12...........................  Bismarck........         112  25, 84
13...........................  Aberdeen........         114  25, 84
14...........................  Rapid City......         115  25, 84
15...........................  North Platte....         121  25, 84
16...........................  Western Oklahoma         126  25, 85
17...........................  Abilene.........         128  25, 85
18...........................  San Angelo......         129  25, 85
19...........................  Odessa-Midland..         135  25, 85
20...........................  Hobbs...........         136  25, 85
21...........................  Lubbock.........         137  25, 85
22...........................  Amarillo........         138  25, 85
23...........................  Santa Fe........         139  25, 84
24...........................  Pueblo..........         140  25, 84
25...........................  Denver-Boulder-          141  25, 84
                                Greeley.
26...........................  Scottsbluff.....         142  25, 84
27...........................  Casper..........         143  25, 84
28...........................  Billings........         144  25, 84
29...........................  Great Falls.....         145  25, 84
30...........................  Missoula........         146  25, 84
31...........................  Idaho Falls.....         148  25, 85
32...........................  Twin Falls......         149  25, 85
33...........................  Boise City......         150  25, 84
34...........................  Reno............         151  25, 84
35...........................  Salt Lake City-          152  25, 85
                                Ogden.
36...........................  Las Vegas.......         153  25, 84
37...........................  Flagstaff.......         154  25, 84
38...........................  Farmington......         155  25, 84
39...........................  Albuquerque.....         156  25, 84
40...........................  El Paso.........         157  25, 85
41...........................  Phoenix-Mesa....         158  25, 84
42...........................  Tucson..........         159  25, 84
------------------------------------------------------------------------

    (3) The channels pairs set forth in Table B paragraph (g)(2)(ii) of 
this section are designated primarily for the purpose of 
interoperability communication.
    (4) Channel pairs 25, 84, and 85 as listed in Table B paragraph 
(g)(2)(ii) of this section were formerly allocated and assigned (under 
Sec. 80.371(c) (1997) of this chapter) as public correspondence working 
channels in the maritime VHF 156-162 MHz band; these channels were also 
shared (under former Sec. 90.283 (1997) of this chapter) with private 
land radio mobile stations including

[[Page 66653]]

grandfathered public safety licensees). Thus, there are grandfathered 
licensees nationwide (maritime and private land mobile radio stations, 
including by rule waiver) operating on these channels both inside and 
outside of the 33 EAs listed in Table B paragraph (g)(2)(ii) of this 
section
    (5) All applicants and licensees under this paragraph must comply 
with the relevant technical sections under this part unless otherwise 
stated in this paragraph (g) of this section using the following 
standards and procedures:
    (i) Provide evidence of frequency coordination in accordance with 
Sec. 90.175. Public safety coordinators except the Special Emergency 
Coordinator are certified to coordinate applications for the channels 
pairs set forth in Table B paragraph (g)(2)(ii) (i.e., letter symbol PX 
under paragraph (c)(2) of this section).
    (ii) Station power, as measured at the output terminals of the 
transmitter, must not exceed 50 Watts for base stations and 20 Watts 
for mobile stations, except in accordance with the provisions of 
paragraph (g)(5)(vi) of this section. Antenna height (HAAT) must not 
exceed 122 meters (400 feet) for base stations and 4.5 meters (15 feet) 
for mobile stations, except in accordance with paragraph (g)(5)(vi) of 
this section. Antenna height (HAAT) must not exceed 122 meters (400 
feet) for base stations and 4.5 meters (15 feet) for mobile stations, 
except in accordance with paragraph (g)(5)(vi) of this section. Such 
base and mobile channels shall not be operated on board aircraft in 
flight.
    (iii) Frequency protection must be provided to other stations in 
accordance with the following guidelines for each channel and for each 
area and adjacent area:
    (A) Protect coast stations licensed prior to July 6, 1998, by the 
required separations shown in Table C below.
    (B) Protect stations described in paragraph (g)(4) of this section, 
by frequency coordination in accordance with Sec. 90.175 of this part.
    (C) Protect public safety stations granted under paragraph (g) of 
this section by frequency coordination in accordance with Sec. 90.175 
of this part.
    (D) Where the Public safety designated channel is not a Public 
Safety designated channel in an adjacent EA: Applicants shall engineer 
base stations such that the maximum signal strength at the boundary of 
the adjacent EA does not exceed 5 dBV/m.
    (iv) The following table, along with the antenna height (HAAT) and 
power (ERP), must be used to determine the minimum separation required 
between proposed base stations and co-channel public coast stations 
licensed prior to July 6, 1998 under Part 80 of this chapter. 
Applicants whose exact ERP or HAAT are not reflected in the table must 
use the next highest figure shown.

         Table C.--Required Separation in Kilometers (Miles) of Base Station From Public Coast Stations
----------------------------------------------------------------------------------------------------------------
                                          Base Station Characteristics
-----------------------------------------------------------------------------------------------------------------
             HAAT                                                  ERP (watts)
----------------------------------------------------------------------------------------------------------------
         Meters (feet)                400              300              200             100             50
----------------------------------------------------------------------------------------------------------------
15 (50).......................  138 (86)         135 (84)         129 (80)        129 (80)        116 (72)
30 (100)......................  154 (96)         151 (94)         145 (90)        137 (85)        130 (81)
61 (200)......................  166 (103)        167 (104)        161 (100)       153 (95)        145 (90)
122 (400).....................  187 (116)        177 (110)        183 (114)       169 (105)       159 (99)
----------------------------------------------------------------------------------------------------------------

    (v) In the event of interference, the Commission may require, 
without a hearing, licensees of base stations authorized under this 
section that are located within 241 kilometers (150 miles) of a co-
channel public coast, I/LT, or grandfathered public safety station 
licensed prior to July 6, 1998, or an international border, to reduce 
power, decrease antenna height, and/or install directional antennas.
    Mobile stations must be operated only within radio range of their 
associated base station.
    (vi) Applicants seeking to be licensed for stations exceeding the 
power/antenna height limits of the table in paragraph (g)(5)(iv) of 
this section must request a waiver of that paragraph and must submit 
with their application an interference analysis, based upon an 
appropriate, generally-accepted terrain-based propagation model, that 
shows that co-channel protected entities, described in paragraph 
(g)(5)(iii) of this section, would receive the same or greater 
interference protection than the relevant criteria outlined in 
paragraph (g)(5)(iii) of this section.

    5. Section 90.35 is amended in paragraph (b)(3) in the table under 
Megahertz by revising the entries for 159.480 and adding paragraph 
(c)(82) to read as follows:


Sec. 90.35  Industrial/Business Pool.

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

                                     Industry Business Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
          Frequency or band               Class of station(s)          Limitations              Coordinator
----------------------------------------------------------------------------------------------------------------
                                                    Megahertz
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
159,480..............................  ......do................  8, 82..................  IP
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------


[[Page 66654]]

    (c) * * *
    (82) After December 7, 2000 new stations will only be licensed with 
an authorized bandwidth not to exceed 11.25 kHz. Licensees authorized 
prior to December 7, 2000 may continue to use bandwidths wider than 
11.25 kHz on a co-primary basis until January 1, 2005. After January 1, 
2005, all stations operating with an authorized bandwidth greater than 
11.25 kHz will be secondary to adjacent channel public safety 
interoperability operations. (See Sec. 90.20(c)(3)).
* * * * *


    6. Section 90.175 is amended by adding paragraphs (i)15 and (i)(16) 
to read as follows:


Sec. 90.175  Frequency coordination requirements.

* * * * *
    (i) * * *
    (15) Applications for a state license under Sec. 90.529.
    (16) Applications for narrowband low power channels listed for 
itinerant use in Sec. 90.531(b)(4).
* * * * *

    7. Section 90.179 is amended by revising paragraph (g) 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. State governments authorized to operate radio 
systems under Sec. 90.529 may share the use of their systems (for 
public safety services not made commercially available to the public) 
with any entity that would be eligible for licensing under Sec. 90.523 
and Federal government entities.


    8. Section 90.203 is amended by adding paragraph (j)(1) to read as 
follows:


Sec. 90.203  Certification Required.

* * * * *
    (j) * * *
    (1) Applications for certification received on or after January 1, 
2005, for mobile and portable transmitters designed to transmit voice 
on public safety frequencies in the 150-174 MHz band will be granted 
only if the mobile/portable equipment is capable of operating on the 
nationwide public safety interoperability calling channel in the 150-
174 MHz band. (See Sec. 90.20(c), (d) of this part.) Applications for 
certification received on or after January 1, 2005, for mobile and 
portable transmitters designed to transmit voice on public safety 
frequencies in the 450-470 MHz band will be granted only if the mobile/
portable equipment is capable of operating on the nationwide public 
safety interoperability calling channel in the 450-470 MHz band. (See 
Sec. 90.20(c), (d) of this part.)
* * * * *


    9. Section 90.529 is added to read as follows:


Sec. 90.529  State License.

    (a) Narrowband channels designated as state channels in Sec. 90.531 
are licensed to each state (as defined in Sec. 90.7) as follows:
    (1) Each state that chooses to take advantage of the spectrum 
designated as state channels must file an application for up to 2.4 
megahertz of this spectrum no later than December 31, 2001. For 
purposes of this section, the elected chief executive (Governor) of 
each state, or his or her designee, shall be deemed the person 
authorized to apply for the State License.
    (2) What ever part of this 2.4 megahertz that a state has not 
applied for by December 31, 2001, will revert to General Use and be 
administered by the relevant RPC (or RPCs in the instances of states 
that encompass multiple RPCs).
    (b) Each state license will be granted subject to the condition 
that the state certifies on or before each applicable benchmark date 
that it is:
    (1) providing or prepared to provide ``substantial service'' to 
one-third of their population or territory by January 1, 2012, i.e., 
within five years of the date that incumbent broadcasters are required 
to relocate to other portions of the spectrum;
    (2) providing or prepared to provide ``substantial service'' to 
two-thirds of their population or territory by January 1, 2017, i.e., 
within ten years of the date that incumbent broadcasters are required 
to relocate to other portions of the spectrum.
    (c) The Commission will deem a state ``prepared to provide 
substantial service'' if the licensee certifies that a radio system has 
been approved and funded for implementation by the deadline date. 
``Substantial service'' refers to the construction and operation of 700 
MHz facilities by public safety entities providing service which is 
sound, favorable , and substantially above a level of mediocre service 
which just might minimally warrant renewal.
    (d) If a state licensee fails to meet any condition of the grant 
the state license is modified automatically to the frequencies and 
geographic areas where the state certifies that it is providing 
substantial service.
    (e) Any recovered state license spectrum will revert to General 
Use. However, spectrum licensed to a state under a state license 
remains unavailable for reassignment to other applicants until the 
Commission's database reflects the parameters of the modified state 
license.


    10. Section 90.531 is amended by revising paragraphs (b)(1) through 
(b)(3) and (c)(1) through (c)(3) and adding paragraph (b)(4) through 
(b)(6) to read as follows:


Sec. 90.531  Band plan.

    (b) * * *
* * * * *
    (1) Narrowband interoperability channels. The following narrowband 
channels are designated for nationwide interoperability licensing and 
use: 23, 24, 39, 40, 63, 64, 79, 80, 103, 104, 119, 120,143, 144, 159, 
160, 183, 184, 199, 200, 223, 224, 239, 240, 263, 264, 279, 280, 303, 
304, 319, 320, 641, 642, 657, 658, 681, 682, 697, 698, 721, 722, 737, 
738, 761, 762, 777, 778, 801, 802, 817, 818, 841, 842, 857, 858, 881, 
882, 897, 898, 921, 922, 937, 938, 983, 984, 999, 1000, 1023, 1024, 
1039, 1040, 1063, 1064, 1079, 1080, 1103, 1104, 1119, 1120, 1143, 1144, 
1159, 1160, 1183, 1184, 1199, 1200, 1223, 1224, 1239, 1240, 1263, 1264, 
1279, 1280, 1601, 1602, 1617, 1618, 1641, 1642, 1657, 1658, 1681, 1682, 
1697, 1698, 1721, 1722, 1737, 1738, 1761, 1762, 1777, 1778, 1801, 1802, 
1817, 1818, 1841, 1842, 1857, 1858, 1881, 1882, 1897, 1898.
    (2) Narrowband reserve channels. The following narrowband channels 
are undesignated and reserved pending further Commission action in WT 
Docket No. 96-86 (proceeding pending): 21, 22, 37, 38, 61, 62, 77, 78, 
101, 102, 117, 118, 141, 142, 157, 158, 181, 182, 197, 198, 221, 222, 
237, 238, 261, 262, 277, 278, 301, 302, 317, 318, 643, 644, 659, 660, 
683, 684, 699, 700, 723, 724, 739, 740, 763, 764, 779, 780, 803, 804, 
819, 820, 843, 844, 859, 860, 883, 884, 899, 900, 923, 924, 939, 940, 
981, 982, 997, 998, 1021, 1022, 1037, 1038, 1061, 1062, 1077, 1078, 
1101, 1102, 1117, 1118, 1141, 1142, 1157, 1158, 1181, 1182, 1197, 1198, 
1221, 1222, 1237, 1238, 1261, 1262, 1277, 1278, 1603, 1604, 1619, 1620, 
1643, 1644, 1659, 1660, 1683, 1684, 1699, 1700, 1723, 1724, 1739, 1740, 
1763, 1764, 1779, 1780, 1803, 1804, 1819,1820, 1843, 1844, 1859, 1860, 
1883, 1884, 1899, 1900.

[[Page 66655]]

    (3) Narrowband low power channels subject to regional planning. The 
following narrowband channels are designated for low power use for on-
scene incident response purposes using mobiles and portables subject to 
Commission-approved regional planning committee regional plans. 
Transmitter power must not exceed 2 watts (ERP): Channels 1-8 paired 
with Channels 961-968, and Channels 949-958 paired with Channels 1909-
1918.
    (4) Narrowband low power itinerant channels. The following 
narrowband channels are designated for low power use for on-scene 
incident response purposes using mobiles and portables. These channels 
are licensed nationwide for itinerant operation. Transmitter power must 
not exceed 2 watts (ERP): Channels 9-12 paired with Channels 969-972 
and Channels 959-960 paired with Channels 1919-1920.
    (5) Narrowband state channel. The following narrowband channels are 
designated for direct licensing to each state (including U.S. 
territories, districts, and possessions): 25-36, 65-76, 105-116, 145-
156, 185-196, 225-236, 265-276, 305-316, 645-656, 685-696, 725-736, 
765-776, 805-816, 845-856, 885-896, 925-936, 985-996, 1025-1036, 1065-
1076, 1105-1116, 1145-1156, 1185-1196, 1225-1236, 1265-1276, 1605-1616, 
1645-1656, 1685-1696, 1725-1736, 1765-1776, 1805-1816, 1845-1856, 1885-
1896.
    (6) Narrowband general use channels. All narrowband channels 
established in paragraph (b) of this section, other than those listed 
in paragraphs (b)(1), (b)(2), (b)(4) and (b)(5) of this section are 
designated for assignment to public safety eligibles subject to 
Commission-approved regional planning committee regional plans.
    (c) * * *
    (1) Wideband interoperability channels. The following wideband 
channels are designated for nationwide interoperability licensing and 
use: 28-30, 37-39, 46-48, 73-75, 83-84, 91-93, 148-150, 157-159, 166-
168, 193-195, 202-204, 211-213.
    (2) Wideband reserve channels. The following wideband channels are 
reserved: 1-27, 94-120, 121-147, 214-240.
    (3) Wideband general use channels. All wideband channels 
established in paragraph (c), except for those listed in paragraphs 
(c)(1) and (c)(2) of this section, are designated for assignment to 
public safety eligibles subject to Commission-approved regional 
planning committee regional plans.
* * * * *

    11. Section 90.535 is amended by revising paragraph (a) to read as 
follows:


Sec. 90.535  Modulation and spectrum usage efficiency requirements.

* * * * *
    (a) All transmitters in the 764-776 MHz and 794-806 MHz frequency 
bands must use digital modulation. Mobile and portable transmitters may 
have analog modulation capability only as a secondary mode in addition 
to its primary digital mode. Mobile and portable transmitters that only 
operate on the low power channels designated in Secs. 90.531(b)(3), 
90.531(b)(4), are exempt from this digital modulation requirement.
* * * * *

    12. Section 90.537 is revised to read as follows:


Sec. 90.537  Trunking requirement.

    All systems using six or more narrowband channels in the 764-776 
MHz and 794-806 MHz frequency bands must be trunked systems. Nationwide 
interoperability channels listed in Sec. 90.531(b)(1), and the 
narrowband low power channels listed in Secs. 90.531(b)(3), 90.531(4), 
are not counted as narrowband channels for the purposes of this 
trunking requirement.


    13. Section 90.541 is amended by adding paragraph (d) to read as 
follows:


Sec. 90.541  Transmitting power limits.

* * * * *
    (d) Transmitters operating on the narrowband low power channels 
listed in Secs. 90.531(b)(3), 90.531(b)(4), must not exceed 2 watts 
(ERP).


    14. Section 90.543 is amended by adding paragraphs (e) and (f) to 
read as follows:


Sec. 90.543  Emission limitations.

* * * * *
    (e) For operations in the 764 to 776 MHz and 794 to 806 MHz bands, 
all emissions including harmonics in the band 1559-1610 MHz shall be 
limited to -70 dBW/MHz equivalent isotropically radiated power (EIRP) 
for wideband signals, and -80 dBW EIRP for discrete emissions of less 
than 700 Hz bandwidth. For the purpose of equipment authorization, a 
transmitter shall be tested with an antenna that is representative of 
the type that will be used with the equipment in normal operation.
    (f) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in this section.


    15. Section 90.547 is revised to read as follows:


Sec. 90.547  Interoperability channel capability requirement.

    Mobile and portable transmitters operating in the 764-776 MHz and 
794-806 MHz frequency bands must be capable of operating on all of the 
designated nationwide narrowband interoperability channels pursuant to 
standards adopted by the Public Safety National Coordination Committee 
and approved by the Commission. Mobile and portable transmitters that 
only operate on the low power channels designated in 
Secs. 90.531(b)(3), 90.531(b)(4), are exempt from this interoperability 
channel capability requirement.

[FR Doc. 00-28348 Filed 11-6-00; 8:45 am]
BILLING CODE 6712-01-U`