66644 Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations

Washington, DC, and also may be

purchased from the Commission’s copy

contractor, International Transcription

Service, (202) 857–3800, 445 Twelfth

Street, SW., Room CY–B402,

Washington, DC. The complete text is

also available under the file name

fcc00386.pdf on the Commission’s

Internet site at www.fcc.gov.

Synopsis of Order

1. Pursuant to the D.C. Circuit Court

of Appeals’ order in Radio-Television

News Directors Association v. FCC, No.

98–1305, slip op. (D.C. Cir. Oct. 11,

2000) (RTNDA), the Commission hereby

repeals §§ 73.1920 and 73.1930 of our

rules, 47 CFR 73.1920, 73.1930, the

broadcast personal attack and political

editorial rules. Further, in light of these

actions, the Commission vacates its

Order and Request to Update Record

released October 4, 2000 (FCC 00–360)

(65 FR 60387, October 11, 2000) and

terminate this proceeding.

2. The Commission also repeals the

personal attack and political editorial

rules that apply to cable television

operators. 47 CFR 76.209(b), (c), and (d).

Although these rules were not

specifically cited in the proceeding

before the Court of Appeals in RTNDA,

they are identical to those rules in all

material respects. The potential

elimination of these rules was raised in

a Notice of Proposed Rule Making in

MM Docket No. 83–331, 48 FR 26471

(June 8, 1983), and was specifically

addressed in a 1996 request for further

information in the instant docket, MM

Docket No. 83–484, 48 FR 28295 (June

21, 1983). Given the delay in concluding

these proceedings and the Court of

Appeals’ decision, the Commission also

vacates these identical cable television

rules placed at issue in MM Docket No.

83–331. The Commission does so on the

procedural grounds set forth in the

Court of Appeals’ decision in RTNDA,

without expressing any conclusion as to

the substantive issues underlying these

rules. As the Court of Appeals noted,

‘‘[o]f course, the Commission may

institute a new rule-making proceeding

to determine whether, consistent with

constitutional constraints, the public

interest requires the personal attack and

political editorial rules.’’ RTNDA, slip

op. at 4. With respect to the personal

attack and political editorial rules,

‘‘these are issues that the court has yet

to decide.’’ Id. 

Ordering Clauses

3. Sections 73.1920, 73.1930 and

76.209(b), (c), and (d) of the

Commission’s rules, 47 CFR 73.1920,

73.1930, 76.209(b), (c), (d) are repealed.

4. The Commission’s rules are

amended as set forth.

5. The Order and Request to Update

Record, FCC 00–360 (rel. Oct. 4, 2000)

is vacated.

6. This proceeding is terminated.

7. This action is taken pursuant to

sections 4(i), 4(j) and 303 of the

Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 154(j), and

303.

List of Subjects

47 CFR Part 73

Radio, television broadcasting.

47 CFR Part 76

Cable television service.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Parts 73 and 76 of Chapter 1 of Title

47 of the Code of Federal Regulations

are amended as follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.1920 [Removed]

2. Section 73.1920 is removed.

§ 73.1930 [Removed]

3. Section 73.1930 is removed.

PART 76—MULTICHANNEL VIDEO

AND CABLE TELEVISION SERVICE

4. The authority citation for part 76

continues to read as follows:

Authority: 47 U.S.C. 151, 152, 153, 154,

301, 302, 303, 303a, 307, 308, 309, 312, 317,

325, 503, 521, 522, 531, 532, 534, 535, 536,

537, 543, 544, 544a, 545, 548, 549, 552, 554,

556, 558, 560, 561, 571, 572, 573.

5. Sections 76.209 is revised to read

as follows:

§ 76.209 Fairness doctrine; personal

attacks; political editorials.

A cable television system operator

engaging in origination cablecasting

shall afford reasonable opportunity for

the discussion of conflicting views on

issues of public importance.

Note to § 76.209: See public notice,

‘‘Applicability of the Fairness Doctrine in the

Handling of Controversial Issues of Public

Importance,’’ 29 FR 10415.

[FR Doc. 00–28353 Filed 11–6–00; 8:45 am]

BILLING CODE 6712–01–P

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.

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 pdaronco@fcc.gov or

Karen Franklin kfrankli@fcc.gov, 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.

Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations 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 § 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 unitto-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

66646 Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations

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-forprofit 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 onscene 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 minorityowned 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

Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations 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, onscene 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 highpower 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

66648 Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations

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 ninetysix 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 minorityowned 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 satellitebased 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

Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations 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 § 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

66650 Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations

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:

§ 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:

§ 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:

§ 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

Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations 66651

PUBLIC SAFETY POOL FREQUENCY TABLE—Continued

Frequency or band Class of station(s) Limitations Coordinator

*******

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 § 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

66652 Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations

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 § 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

Channel No.

Mobile station

transmit center

frequency

in MHz

Base station

transmit center

frequency

in MHz

Coordinator

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

VHF public coast service area Name Economic

area

Public

safety

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-Greeley .......................................................................... 141 25, 84

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-Ogden .............................................................................. 152 25, 85

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 § 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 § 90.283

(1997) of this chapter) with private land

radio mobile stations including

Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations 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

§ 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 § 90.175 of this part.

(C) Protect public safety stations

granted under paragraph (g) of this

section by frequency coordination in

accordance with § 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 dBμV/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 terrainbased 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:

§ 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

*******

66654 Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations

(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

§ 90.20(c)(3)).

* * * * *

6. Section 90.175 is amended by

adding paragraphs (i)15 and (i)(16) to

read as follows:

§ 90.175 Frequency coordination

requirements.

* * * * *

(i) * * *

(15) Applications for a state license

under § 90.529.

(16) Applications for narrowband low

power channels listed for itinerant use

in § 90.531(b)(4).

* * * * *

7. Section 90.179 is amended by

revising paragraph (g) to read as follows:

§ 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 § 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 § 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 § 90.523 and Federal

government entities.

8. Section 90.203 is amended by

adding paragraph (j)(1) to read as

follows:

§ 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 § 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

§ 90.20(c), (d) of this part.)

* * * * *

9. Section 90.529 is added to read as

follows:

§ 90.529 State License.

(a) Narrowband channels designated

as state channels in § 90.531 are

licensed to each state (as defined in

§ 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:

§ 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.

Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations 66655

(3) Narrowband low power channels

subject to regional planning. The

following narrowband channels are

designated for low power use for onscene 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 Commissionapproved 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:

§ 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 §§ 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:

§ 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 § 90.531(b)(1), and the

narrowband low power channels listed

in §§ 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:

§ 90.541 Transmitting power limits.

* * * * *

(d) Transmitters operating on the

narrowband low power channels listed

in §§ 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:

§ 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:

§ 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 §§ 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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 600 and 660

[Docket No. 991223347-9347; I.D. 102600C]

Fisheries off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Recreational

Fishery Closure

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Fishery closure; request for

comments.

SUMMARY: NMFS announces changes to

the recreational fishery for lingcod,

within the Pacific Coast groundfish

fishery. This action, which is authorized

by the Pacific Coast Groundfish Fishery

Management Plan (FMP), is intended to

protect lingcod.

DATES: Changes to management

measures are effective 0001 hours (local

time) November 2, 2000, unless

modified, superseded, or rescinded.

These changes are effective until the

effective date of the 2001 annual

specifications and management

measures for the Pacific coast

groundfish fishery, which will be

published in the Federal Register.

Comments on this rule will be accepted

through November 22, 2000.

ADDRESSES: Submit comments to Donna

Darm, Acting Administrator, Northwest

Region (Regional Administrator), NMFS,

7600 Sand Point Way N.E., BIN C15700,

Bldg. 1, Seattle, WA 98115-0070; or

Rebecca Lent, Administrator, Southwest

Region, NMFS, 501 West Ocean Blvd.,

Suite 4200, Long Beach, CA 90802-4213.