Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2027

t. Section 101–44.109 is amended by

revising paragraphs (a) and (b) to read as

follows:

§ 101–44.109 Donation screening period.

(a) Unless otherwise directed by GSA, a

period of 21 calendar days following the

surplus release date (see § 101–43.001–32)

shall be provided to set aside surplus

reportable and nonreportable property

determined to be usable and necessary for

donation purposes in accordance with the

provisions of Subparts 101–44.2, 101–44.4,

and 101–44.5. Reportable surplus property

will be set aside for donation when a

Standard Form 123, with an informational

copy to the holding activity, is submitted to

a GSA regional office for approval within the

donation screening period. Nonreportable

property will be set aside for donation upon

notification to a holding activity within the

donation screening period by a responsible

Federal official, a State agency

representative, or an authorized donee

representative that the property is usable and

necessary for donation purposes.

(b) During the prescribed 21-day donation

screening period, Standard Forms 123 will be

processed by GSA regional offices in the

following sequence:

(1) Department of Defense personal

property which is reportable surplus will be

reserved for public airport donation during

the first 5 calendar days of the donation

screening period and for service educational

activities (SEA’s) during the next 5 calendar

days. During the remaining portion of the

donation screening period, the property will

be available on an equal basis to all

applicants.

(2) Executive agency personal property,

other than personal property of the

Department of Defense, which is reportable

surplus will be reserved for public airport

donation during the first 5 calendar days of

the donation screening period. During the

remaining portion of the donation screening

period, the property will be available on an

equal basis to all applicants. This property is

not available for donation to SEA’s.

(3) All executive agency personal property

which is nonreportable surplus will be made

available for donation on an equal basis to all

applicants. SEAs are not eligible for donation

of nonreportable surplus of executive

agencies other than the Department of

Defense.

* * * * *

u. Section 101–45.303 is amended by

revising paragraphs (a) and (b) to read as

follows:

§ 101–45.303 Reporting property for sale.

* * * * *

(a) Reportable surplus. Reportable surplus,

if not donated, will be programmed for sale

by the GSA regional office unless the holding

agency indicates on their reports of excess

personal property that they elect to sell their

own property.

(b) Nonreportable surplus. Nonreportable

surplus, if not donated, shall be reported to

the appropriate GSA regional office on

Standard Form 126, Report of Personal

Property for Sale (illustrated at § 101–

45.4901–126) if GSA is to sell the property.

Standard Form 126A, Report of Personal

Property for Sale (Continuation Sheet), shall

be added if additional pages are required.

Standard Forms 126 and 126A are stocked as

five-part carbon interleaved forms and may

be obtained by submitting a requisition in

FEDSTRIP/MILSTRIP format to the GSA

regional office providing support to the

requesting activity.

8. Effect on other directives. This

regulation modifies portions of regulations

appearing at Parts 101–42 through 101–45

that pertains to the reporting and screening

process for property determined to be excess

to an agency’s needs.

Dated: September 5, 1996.

David J. Barram,

Acting Administrator of General Services.

[FR Doc. 97–574 Filed 1–14–97; 8:45 am]

BILLING CODE 6820–24–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 90

[PR Docket Nos. 92–235 and 92–257; FCC

96–492]

Private Land Mobile Radio Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration.

SUMMARY: The Commission has adopted

a Memorandum Opinion and Order

(MO&O) which addresses issues and

concerns raised in twenty-four petitions,

five oppositions, and three replies,

requesting that we reconsider or clarify

various decisions and technical rules

adopted in the Report and Order (R&O)

in PR Docket No. 92–235. This MO&O

also addresses a petition for

reconsideration filed in PR Docket No.

92–257 regarding the shared use of

industrial/land transportation and

maritime public correspondence

frequencies. Consistent with our

objective of increasing the efficiency of

the PLMR frequency bands this MO&O

clarifies our decisions in the R&O, and

where necessary, makes appropriate

modifications to the rules. This MO&O

maintains the channel plan adopted in

the R&O, but also permits frequency

coordinators to recommend frequencies

for any technology with lesser

bandwidth, provided that interference is

not caused to other systems.

Additionally, the Commission extends

the first transition date for the type

acceptance of narrowband equipment

from August 1, 1996, to February 14,

1997, and retains the second transition

date of January 1, 2005. Further, the

Commission clarifies the rules regarding

type acceptance to provide greater

flexibility for manufacturers to support

existing equipment and, where

appropriate, to provide alternatives to

our efficiency standards. Finally, the

Commission clarifies a variety of

technical rules including, but not

limited to, those pertaining to new

power/antenna height limits, the

emission mask, and frequency stability

requirements.

EFFECTIVE DATE: February 14, 1997.

FOR FURTHER INFORMATION CONTACT: Ira

Keltz of the Wireless

Telecommunications Bureau at (202)

418–0680 or via E-Mail at

mayday@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order, FCC

96–492, adopted December 23, 1996,

and released December 30, 1996. The

full text of this Memorandum Opinion

and Order is available for inspection

and copying during normal business

hours in the FCC Reference Center

(Room 239) 1919 M Street, NW,

Washington, DC. The complete text may

be purchased from the Commission’s

copy contractor, ITS, Inc., 2100 M Street

NW, Suite 140, Washington, DC 20037,

telephone (202) 857–3800.

Summary of Order

1. The R&O (60 FR 37152, July 19,

1995) provided the private land mobile

radio (PLMR) community with a

regulatory framework that promotes

efficient use of spectrum, increases

technical flexibility, enhances the

deployment of new technologies, and

promotes a competitive and robust

marketplace for product development.

In this action, the Commission clarifies

its decisions in the R&O and where

necessary, makes appropriate

modifications to the rules.

2. In the R&O, the Commission

adopted a channel plan based on 7.5

kHz channel spacing in the 150–174

MHz VHF band and 6.25 kHz channel

spacing in the 421–430 MHz, 450–470

MHz, and 470–512 MHz UHF bands.

Flexibility is provided to licensees by

permitting them to aggregate up to four

narrowband channels to employ

spectrum efficient wideband

technology. Additionally, licensees are

provided with a simple migration path

because they will be able to remain on

their currently assigned center

frequencies and can continue to use

existing equipment while they upgrade

to new equipment.

3. Several petitioners ask the

Commission to reconsider the new

channel plan and instead adopt a

channel plan based on 5 kHz channel

spacing claiming that the Commission’s
2028 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

decision to space channels at 7.5 kHz

creates inefficient ‘‘white spaces’’ in the

VHF band. Additionally, they assert that

the ability to use wideband equivalent

technologies by aggregating narrowband

channels is not taken into account in

our rationale for rejecting 5 kHz spacing.

We disagree with these petitioners. In a

5 kHz channel plan, a user would need

to identify three contiguous channels to

obtain a 12.5 kHz channel, but only two

are required in the adopted plan. Thus,

the adopted plan eases the transition for

current users who desire to implement

a two-step transition to narrowband

through 12.5 kHz equipment. Petitioners

also assert that inefficient white spaces

are created by our adopted channel

plan, since 12.5 kHz VHF equipment

would actually use 15 kHz of spectrum

by aggregating two 7.5 kHz VHF

channels. However, to use 12.5 kHz

equipment in a plan based on 5 kHz

channels would also require licensees to

use 15 kHz of spectrum because they

would have to aggregate three 5 kHz

channels. In the UHF band, 12.5 kHz

equipment also would use 15 kHz of

spectrum in a 5 kHz channel plan, but

only 12.5 kHz of spectrum in the

adopted plan. Furthermore, a 5 kHz

channel plan would require users who

choose to implement 6.25 kHz

equipment to acquire the same 15 kHz

of spectrum needed for 12.5 kHz

equipment. Thus, a 5 kHz channel plan

would create as much or more white

space than the adopted channel plan.

4. Consequently, we conclude that our

adopted 7.5/6.25 kHz channel plan is

more flexible than a 5 kHz plan because

it will accommodate users of 25, 12.5,

6.25, and 5 kHz equipment while

accomplishing our goal of increasing

spectrum efficiency. Further, this

channel plan creates a flexible migration

path, which is considered a critical

factor by current users. For these

reasons, we decline to modify the

channel plan as adopted in the R&O.

However, we are mindful of the fact that

some users may want to implement 5

kHz technology within their existing 25

kHz bandwidth. Such a channelization,

however, would require the licensee to

deviate from the adopted band plan.

Therefore, we will permit frequency

coordinators to recommend frequencies

inconsistent with the adopted band

plan, for any technology, including 5

kHz, provided that such a system will

not cause harmful interference to any

existing system.

5. In the R&O, we decided to manage

the transition to narrowband channels

through the type acceptance process.

This decision requires that new

equipment type accepted after August 1,

1996, and January 1, 2005, meet

specified efficiency guidelines. We note,

however, that this approach does not

impose a strict transition timetable upon

individual users.

6. Petitioners argue that the

conversion timetable for the type

acceptance of narrowband equipment is

too short and fails to account for normal

product development cycles. They

recommend that the first transition date

be extended to August 1, 1998, and that

the second transition date be extended

to January 1, 2014. Other petitioners

oppose this request stating that such

action is not necessary because the R&O

does not mandate the production or use

of any particular type of technology

according to a fixed timetable.

7. As noted, the transition dates

established in the R&O do not require

manufacturers to take any specific

action. Consequently, we believe it is

unnecessary to make extensive changes

to the adopted transition dates and,

thus, deny the request to do so.

Additionally, we note that a number of

manufacturers have already type

accepted equipment that is compliant

with the new rules. However, in

consideration of the time elapsed

between the R&O and adoption of this

MO&O, and because this MO&O

modifies rules which affect the type

acceptance of equipment, we are

extending the first transition date from

August 1, 1996, to February 14, 1997.

Additionally, to remove the uncertainty

in trying to anticipate the amount of

time necessary to attain a type

acceptance grant, we are amending 47

CFR 90.203 to clarify that the transition

dates refer to type acceptance

application filing deadlines, rather than

type acceptance grants.

8. The Association of Public-Safety

Communications Officials-International,

Inc. asks that we reconsider our

decision not to adopt specific transition

deadlines for public safety users. We

decline to adopt such dates. The

imposition of a mandate on any user,

particularly public safety entities, to

replace existing equipment and systems,

is contrary to one of our basic goals in

this proceeding of providing maximum

flexibility to individual users. Also,

since public safety entities are funded

by local tax dollars, and are often

constrained by limited financial

resources, subjecting these entities to

such a mandate could be unduly

burdensome. Further, in light of the

work of the Public Safety Wireless

Advisory Committee and the

Commission’s overall evaluation and

assessment of public safety wireless

communications in WT Docket No. 96–

86 (61 FR 25185, May 20, 1996), it

would be premature at this time to make

decisions regarding transition dates for

public safety users.

9. In the R&O, we adopted spectrum

efficiency standards that require at least

one voice channel per 12.5 kHz of

channel bandwidth for equipment type

accepted after August 1, 1996, and at

least one voice channel per 6.25 kHz of

channel bandwidth for equipment type

accepted after January 1, 2005.

Additionally, after August 1, 1996,

equipment designed for data operation

must be capable of supporting a

minimum data rate of 4800 bits per

second per 6.25 kHz of bandwidth.

10. Several petitioners request that the

type acceptance rules be amended to

allow alternative showings of spectrum

efficiency for low power frequency

reuse systems. We agree with the

petitioners that there is a place within

the PLMR environment for spectrum

efficient low-power, frequency reuse

systems. However, we will not alter the

efficiency standard. instead, we will

exempt all transmitters that operate

with less than 500 mW output power

from the bit rate requirement for type

acceptance. Additionally, we will

provide manufacturers with additional

flexibility to design spectrally efficient

transmitters. The Commission’s

Equipment Authorization Division may,

on a case by case basis, grant type

acceptance to equipment with slower bit

rates than specified in 47 CFR

90.203(j)(3) and 47 CFR 90.203(j)(5),

provided that an acceptable technical

analysis is submitted with the

application which demonstrates that the

slower data rate will provide more

spectral efficiency than the standard

data rate.

11. Some petitioners asked that we

clarify the distinction between digital

voice and data. In this connection, we

refer to the definitions in 47 CFR part

2. Radios type accepted for telephony

must meet the voice channel standard,

and those type accepted for telegraphy

or telemetry must meet the data rate

standard. Further radios that are type

accepted for both telephony and

telegraphy or telemetry must meet both

standards. Additionally, because 47 CFR

90.207(b) allows stations authorized for

telephony to use emissions for

telecommand, the telecommand

function of such radios will not be

subject to the data rate standard. Also,

because transmissions made via modem

through the external microphone port of

an analog radio are limited to audio, the

data rate standard will not be applied to

such uses. Finally, we clarify that the

spectrum efficiency requirements

imposed by the R&O do not apply to

paging systems.
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2029

12. In the R&O, we adopted new

power and antenna height limitations

based on ‘‘safe harbor’’ tables submitted

by the Land Mobile Communications

Council (LMCC). These new limits

allow various combinations of effective

radiated power (ERP) and antenna

height above average terrain (HAAT)

based upon the size of an applicant’s

desired service area and the applicant’s

operating frequency. In general, the

rules allow for a maximum ERP of 500

watts and maximum service area radii of

40 km in the VHF band and 32 km in

the UHF band. The rules state that larger

areas, up to 80 km, will be authorized

provided that the applicant

demonstrates that the requested station

parameters will not produce coverage in

excess of that which is required.

However, areas larger than 80 km will

be authorized on a secondary basis.

Finally, these new rules only apply to

new stations, which were defined as

stations not functionally integrated with

an earlier-installed system.

13. Several petitioners argue that

special separation criteria should be

developed for systems that operate in

the 150–174 MHz and 421–512 MHz

bands under conditions of extreme

terrain, that a streamlined process for

deviating from the power/antenna

height tables be considered for

applicants that operate in areas of nonuniform terrain, that applicants be

permitted to use any commonly

accepted propagation model to

demonstrate radio system coverage, and

that a formal waiver not be required for

such requests.

14. We agree that special

consideration should be given to the

power/antenna heights in areas of

extreme terrain. We recognize that in

these areas, average terrain calculations

may not provide accurate depictions of

the actual terrain over which a system

will operate and therefore our tables

may not provide an appropriate antenna

height/power combination for a desired

service area size. We are modifying 47

CFR 90.205(d)(2) and 47 CFR

90.205(g)(2) to reflect that applicants

may deviate from the tables when

operating in areas of non-uniform

terrain. Additionally, the rules allow the

use of generally accepted engineering

practices and standards, including

models that are widely accepted by the

engineering community, as producing

outputs representative of real world

results. Applicants who demonstrate

special circumstances (e.g. extreme

terrain conditions or need for a larger

service area) will not be required to

submit a waiver request to the

Commission. Rather, the required

engineering analysis should be

submitted to the frequency coordinator

and as an attachment to the license

application, FCC Form 600.

Additionally, a waiver request will be

unnecessary for applicants who request

service areas greater than 40 km in the

VHF band and 32 km in the UHF band.

These applications, however, pursuant

to footnote 4 in Tables 1 and 2 of 47

CFR 90.205, must be accompanied by a

justification for the larger service area

and include a technical analysis

demonstrating that the signal strength at

the edge of the service area is within the

specified guidelines. Additionally, we

will allow applicants to exceed the

reference antenna height limits if they

correspondingly lower their power.

15. Petitioners seek clarification of the

rules that would classify all base

stations with service areas greater than

80 km as secondary arguing that certain

geographic areas, particularly in western

regions, warrant special consideration

because the terrain in those areas

provide few suitable transmitter sites.

16. We note that licensees who need

to communicate over large distances

generally employ systems that make

extensive use of mobile relay stations,

which are afforded the protection of

primary status under our rules. Because

mobile relay stations would typically be

within 80 km of another base station,

primary status would be conferred on

the entire area that a licensee needs to

cover. We believe that coverage areas up

to 80 km around a single base station

will serve the vast majority of licensees

and are modifying 47 CFR 90.205(d)(3)

and 47 CFR 90.205(g)(3) to confer

primary status for communications

within 80 km from a base station. We

also recognize that some licensees’

operations may require primary status

within a region larger than 80 km.

Because we anticipate that a limited

number of licensees will have such

needs, we will entertain waiver requests

for those instances where a licensee

requests coverage by one base station for

an area greater that 80 km.

17. Many petitioners seek clarification

on what constitutes a new station. As a

general matter, we elected to exempt

existing stations from complying with

the power/antenna height tables

adopted in the R&O in order to afford

licensees flexibility to modify, expand,

or upgrade their facilities without

adversely affecting their current

operations. 47 CFR 90.135 provides

examples of permissible modifications

to authorized stations. Stations that

modify their existing authorization in

accordance with one of the listed

modifications will not be subject to the

new power/antenna height rules. We

decline to grant a request to characterize

the addition of base and mobile relay

facilities that operate on different

frequencies from an existing system as

an existing system.

18. Because 47 CFR 90.135(a) allows

licensees to modify their authorizations

due to a change in emissions, the new

power/antenna height limits will not

apply to systems that are modified by

converting to equipment designed for

narrower channel bandwidths.

Furthermore, if the only modification

that a licensee makes to a system is a

narrowing of its emission, a formal

application for modification need not be

filed with the Commission. However,

the licensee will be required to notify

the Commission of this change

immediately, either by filing FCC Form

405–A or submitting a letter in

accordance with 47 CFR 90.135(d).

19. Several organizations seek

reconsideration of the power/antenna

height tables as they relate to private

carrier paging channels. We believe that

our rules should reflect the differences

between paging systems and the

majority of two-way mobile systems in

the PLMR bands. In this connection, we

will allow new one-way paging

operations to operate at the same power

levels that applied prior to the adoption

of the R&O, i.e., for most stations, 350

watts output power with no limit on

ERP, on the frequencies specifically

reserved for one-way paging.

20. Regarding the decision regarding

the ability of manufacturers to continue

producing and supporting 25 kHz

equipment through upgrades and

permissive changes, some petitioners

argue that it is unnecessary to prohibit

manufacturers from making minor

design changes to existing 25 kHz

equipment because our rules already

ensure a transition to more narrowband

equipment. This request is opposed by

Securicor Radiocoms Limited because it

is inconsistent with the primary goal in

this proceeding since it would excuse

compliance with the multi-mode

requirement. Our intent is to allow only

those modifications which would

provide a multi-mode capability or a

narrowband mode to existing

equipment. In these instances,

manufacturers must obtain a new FCC

Identifier for their equipment.

Modifications which entail the redesign

of existing equipment will not be

allowed.

21. When compared to wideband

channels, i.e., 25 kHz channels, the

rules adopted in the R&O allow

emissions on narrowband channels to

occupy a larger percentage of the

channel. This combination of increased

channel occupancy and narrower

channel spacing increases the
2030 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

importance of frequency stability to

reduce adjacent channel interference.

Therefore, the Commission adopted

stringent frequency stability

requirements as recommended by the

Telecommunications Industry

Association (TIA).

22. SEA, Inc. contends that the

frequency stability limits for mobile

radios designed to operate with channel

bandwidths of 6.25 kHz are too

restrictive and recommends alternative

limits. These recommendations are

supported by Motorola. We agree that,

in the VHF band, a less stringent

requirement can be tolerated because of

the presence of a small guard band.

Further, we believe that the frequency

coordination process can compensate

for less stringent requirements in the

UHF band. Therefore, we are modifying

47 CFR 90.213 in accordance with the

suggestions of SEA.

23. In order to accommodate our new

channel plan, we adopted new

guidelines for authorized bandwidth.

For equipment designed to operate on

7.5 kHz or 6.25 kHz channels, the

authorized bandwidth is 6 kHz and for

equipment designed to operate on 12.5

kHz channels the authorized bandwidth

is 11.25 kHz. SEA requests that the

authorized bandwidth for 6.25 kHz

channels in the UHF and VHF bands be

reduced to 5 kHz in order to allow same

area operation on the narrowband

channels.

24. We decline to reduce the

authorized bandwidth from 6 kHz to 5

kHz. The 6 kHz authorized bandwidth

was chosen to provide manufacturers

with flexibility to implement a wide

range of modulation techniques. We

note, however, that the emission mask

only serves as an upper limit and thus,

manufacturers can employ any emission

they desire as long as they do not

exceed the specified limits. Therefore, if

a manufacturer determines that samearea operations cannot be achieved on

adjacent narrowband channels, it can

design its equipment with narrower

emissions.

25. When determining the shape of a

frequency mask, it is essential that

instrumentation requirements and

measurement procedures are defined. In

general, transmitter emissions are

measured using established industry

standards. In this connection, EIA/TIA

Standard 603 instructs radio

manufacturers to use a resolution

bandwidth of 300 Hz or less. Consistent

with this standard, in the R&O, we

determined that emissions of equipment

designed to operate in the Refarming

bands should be measured using a

resolution bandwidth of 100 Hz with

the measuring instrument in a peak hold

mode.

26. Motorola contends that using a

resolution bandwidth of 100 Hz, rather

than the 300 Hz recommended by TIA,

adds 5 dB of energy to the adjacent

channel and will result in reduced

spectrum efficiency. SEA agrees with

Motorola, but recommends that the

resolution bandwidth be left at 100 Hz,

and that the attenuation of the emission

masks be adjusted 5 dB.

27. We decline to adjust the

measurement technique adopted in the

R&O. The current industry trend for

measuring digital emissions just outside

the channel, i.e., the adjacent channel,

is to use measuring instrumentation

having a resolution capability of 1% of

the bandwidth of the carrier emission.

This is evidenced by measurement

procedures and interpretations that have

been developed in our rules for the

licensed Personal Communications

Services (PCS) and unlicensed PCS

devices. A resolution bandwidth of 1%

of the carrier emission bandwidth

provides a reasonable compromise

where the emission’s interference

potential can be measured and the

instrumentation will not detrimentally

affect the measurement. Using a 100 Hz

resolution bandwidth for equipment in

the Refarming bands approximates the

1% standard that has been accepted by

the affected industries in other rule

makings. Finally, we believe the claim

of a 5 dB increase in energy to the

adjacent channel to be overstated

because it assumes a uniform level of

energy across the measurement window

without taking into account the roll-off

of energy at the band edges that results

from the emission mask. Therefore, we

conclude that any effects on the

adjacent channel will be less than 5 dB.

28. In order to promote flexibility for

manufacturers to introduce new and

innovative modulation techniques in

the PLMR bands below 512 MHz, we

revised 47 CFR 90.211 to eliminate

those requirements that were primarily

applicable to radios that use frequency

modulation (FM). TIA supports our

objective, but disagrees with our

decision to remove specified deviation

limits for FM and recommends that the

modulation limits be reinserted into the

rules with their respective filter

characteristics. We disagree. Our

rationale for removing the filter

specifications from 47 CFR 90.211 and

the FM deviation limits from 47 CFR

90.209 was to provide manufacturers

flexibility in designing and

implementing radio specifications. In

this connection, we believe that setting

specifications for FM would be

inconsistent with such rationale.

29. With the adoption of a new

channel plan, many frequency

allocations and assignments were

altered, particularly those of the former

low power offset channels. One result of

the new channel plan is that channels

formally available as low power offset

channels under Section 47 CFR 90.267

are now available as regularly assignable

channels for high power operations.

Additionally, the new channel plan

resulted in a reallocation of some of

these channels from one radio service to

another by allocating channels that were

between allocations for two different

radio services to the radio service or

services where the lower of the channels

was allocated. Many Petitioners request

that we reexamine permissible uses for

several former offset channels. Upon

reexamination, we are making several

modifications to the frequency tables in

47 CFR part 90.

30. The R&O provided several

operational alternatives for licensees

authorized on the former low power

offset channels. One option is to remain

on their current channels and achieve

primary status by providing sufficient

justification to raise power. A second

option is to migrate to designated low

power channels and achieve primary

status on those channels. A third option

is to remain on their current channel at

low power and continue to have

secondary status.

31. The Alarm Industry

Communications Committee (AICC)

contends that licensees should be able

to attain primary status without raising

power. Additionally, they ask whether

stations wishing to increase power need

to file a letter notification or an

application to provide coordinates.

Finally, AICC suggests that the

Commission continue to allow the

current practice for alarm transmitters of

providing coordinates for the center of

an operating area and the radius around

these coordinates in which transmitters

will operate rather than requiring each

fixed transmitter to be individually

licensed.

32. As an initial matter, recognizing

that any decision regarding changes in

power requirements on former low

power offset channels will be affected

by our resolution of the exclusivity

issues raised in the Further Notice of

Proposed Rule Making (60 FR 37148,

July 18, 1995) in this proceeding, we

defer decisions on this matter to a future

Order. Regarding the requirement to

furnish coordinates, we note that

situations exist where it is neither

feasible nor desirable for a licensee to

furnish coordinates of all transmitters in

their system. Therefore, we will allow

licensees to supply only coordinates of
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2031

the center of an operating area and a

radius when all stations are fixed, low

power, i.e., not to exceed 2 watts,

stations.

33. When we eliminated the low

power offset channels in the R&O, we

established new low power offset

channels 3.125 kHz removed from

regularly assignable channels and

authorized them on a secondary, noninterference basis. The creation of these

channels was opposed by the Personal

Communications Industry Association

which contends that low power users

will be accommodated through

coordinator designated exclusive low

power channels and the color dot

channels and that these new low power

offset channels will recreate difficulties

which existed with the former low

power offset channels Finally, they state

that these new low power offset

channels may have the unintended

effect of preventing the use of primary

channels by wideband, spectrally

efficient systems. We agree that these

low power offset channels could

potentially have a detrimental effect on

the operations on primary channels and

will therefore remove the new low

power offset channels from 47 CFR

90.267(b). However, in light of

technological advances and usage

patterns in these bands, we reserve the

right to revisit this issue in the future.

34. When we established the

Emergency Medical Radio Service

(EMRS), we assigned the 453 MHz and

458 MHz frequencies used for medical

paging systems in the Special

Emergency Radio Service (SERS) to the

EMRS. SERS users were permitted to

continue operating on these channels as

primary users for a period of five years.

In the R&O, the SERS frequencies

reassigned to the EMRS were

rechannelized at the new narrowband

spacings. Several petitioners request

removal of the new channels that arose

from splitting the 453 MHz and 458

MHz channels from the SERS. We agree

and will remove the 453 MHz

narrowband channels from the SERS

frequency table in 47 CFR 90.53(a).

35. In the EMRS, MED channels are

used for emergency medical

communications. Prior to adoption of

the R&O, there were 10 MED channels,

designated as MED–1 through MED–10.

The new channel plan created 3 new

MED channels higher in frequency than

each existing MED channel. These new

channels, designated as MED-A through

MED-X, were assigned as follows: MEDA, MED-B, and MED-C were assigned

between MED–1 and MED–2, MED-D,

MED-E, and MED-F were assigned

between MED–2 and MED–3. The new

MED channels higher in frequency than

MED–9 and MED–10 were not labeled.

Several Petitioners propose changing

the MED channel labeling scheme to

one that is entirely numeric.

36. We agree that a different labeling

approach is needed for the new MED

channels because any confusion

regarding their designation could

potentially interfere with the

communication of messages necessary

to ensure public safety. Therefore, we

will use a trailing 1, 2, or 3 to designate

the position of the new MED channels

in relation to the existing MED

channels. For example, the channel 6.25

kHz above MED–3 will be designated as

MED–31, the channel 12.5 kHz above

MED–3 as MED–32, and the channel

18.25 kHz above MED–3 as MED–33.

We will adopt this labeling approach for

designating the channel positions

accorded to each of the 10 MED

channels.

37. Currently, 47 CFR 90.217 exempts

transmitters used in the Business Radio

Service that have an output power not

exceeding 120 milliwatts from the

technical requirements imposed by our

rules, provided that they meet minimum

emission limitations. Many petitioners

request that this exemption be expanded

to include all PLMR services. We agree

and are expanding the current

exemption to include all private land

mobile radio services.

38. In order to assure that transient

frequencies do not cause excessive

interference to land mobile licensees

and television receivers in adjacent

bands, the Commission adopted

standards for transient frequency

behavior. These standards are based on

EIA/TIA standard 603, which sets

allowable transient response for radios

that operate in three frequency bands:

30–300 MHz, 300–500 MHz, and 500–

1000 MHz.

39. Several petitioners request that we

clarify the new rules by declaring that

they are only applicable to equipment

type accepted after a specific date.

Motorola recommends that the three

frequency band columns listed in 47

CFR 90.214 be replaced by two

frequency band columns, one for 150–

174 MHz and one for 421–512 MHz. We

decline to modify the implementation

date of § 90.214 of our rules. Since the

new rules took effect on August 18,

1995, the Commission’s Equipment

Authorization Division has been

granting type acceptance based on

transmitters meeting all of the new

technical requirements. Therefore,

because there have been no objections to

the transient frequency requirements of

47 CFR 90.214, we see no reason to

grant type acceptance to transmitters

that do not meet the new requirements.

Additionally, granting type acceptance

to radios that do not meet the new

requirements would be administratively

burdensome because it would create

two categories of transmitters which

would be difficult to track and identify

in the future. We are, however adopting

Motorola’s recommendation to apply

the standards for radios that operate in

the 421–500 MHz band to radios that

operate in the 500–512 MHz band.

40. In the R&O, we eliminated 47 CFR

90.271 which provided for 5 kHz

narrowband channels that were offset

either 2.5 kHz or 7.5 kHz from regularly

assignable channels in the 150–170

MHz band. Additionally, the R&O

permits licensees on these channels to

remain on their currently authorized

frequency until August 1, 2001 if

interference is not experienced.

Securicor asserts that users of these 5

kHz channels, who operate the most

spectrally-efficient equipment in the

PLMR bands, are being treated unfairly

because they must modify their systems

to comply with the new channel plan

even if they do not experience or cause

interference.

41. We share Securicor’s concern

about unnecessarily causing disruption

to existing operations. Therefore, to

accommodate the needs of our licensees

and to prevent the premature

obsolescence of narrowband systems

that are already operating in the 150–

174 MHz band, we will extend by two

years, until August 1, 2003, the date by

which these licensees must migrate to

one of the new VHF channels.

Additionally, licensees may remain on

their currently assigned channels after

August 1, 2003, on a secondary, noninterference basis.

42. We recently adopted rules in PR

Docket No. 92–257 (60 FR 35507, July

10, 1995) to allow industrial and land

transportation entities to use nine VHF

maritime public correspondence

channel pairs for standard two-way

base/mobile operations. 47 CFR 90.283

imposes power/antenna height

restrictions on these frequencies and

requires minimum separation distances

from protected entities.

43. LMCC requests that the 25 kHz

wide channels listed in 47 CFR 90.283

of our rules be integrated into the new

6.25 kHz narrowband channel plan. We

note that new 25 kHz Part 90 radios will

no longer be type accepted in the 150–

174 MHz band after the effective date of

the rule amendments of this MO&O;

thus, we find it unreasonable to require

their use. Additionally, we believe that

the current restrictions are sufficient to

ensure that PLMR licensees operating

on narrowband channels will not cause

harmful interference to the protected
2032 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

1Pub. L. 104–121, 110 Stat. 847 (1996) (CWAAA).

Subtitle II of the CWAAA is ‘‘The Small Business

Regulatory Enforcement Fairness Act of 1996’’

(SBREFA), codified at 5 U.S.C. 601 et seq.

2See 13 CFR 121.201, Standard Industrial

Classification (SIC) Code 3663.

3See 1992 Census of Manufacturers, Industry

Series, Communication Equipment, Including Radio

and Television, Industries 3651, 3652, 3661, 3663,

and 3669, Issued March 1995, Table 4. This table

shows a total of 23 manufacturers with an average

of 1,000 employees or more and 908 with an

average of 499 employees or less. It lists a total of

17 manufacturers with an average of 500–999

employees. Because we could not determine the

number of manufacturers in 500–999 category with

an average of 750 employees or less, we assume all

17 are small businesses for the purpose of this

evaluation.

entities. Therefore, we modify 47 CFR

90.283 to provide narrowband channel

spacings for PLMR users on the shared

maritime public correspondence

frequencies.

44. The Industrial

Telecommunications Association

requests that we adopt changes in the

power/antenna height tables of 47 CFR

90.283(c) and 47 CFR 90.283(d) to

accommodate users that need to exceed

the imposed limits due to circumstances

such as terrain effects or coverage

requirements. We are not modifying the

rules, rather, we will require a request

for waiver of the power/antenna height

limits of 47 CFR 90.283.

45. With the adoption of this

Memorandum Opinion and Order, we

finalize the new channel plan and

incorporate certain modifications to our

regulatory and technical framework for

the PLMR services in 47 CFR part 90.

These new rules will provide greater

technical flexibility for PLMR licensees

and equipment manufacturers, promote

the highly effective and efficient use of

the PLMR spectrum, and create an

environment which will provide users

the opportunity to introduce advanced

technologies into the private land

mobile radio services.

46. The rules are set forth at the end

of this document.

47. The rules contained herein have

been analyzed with respect to the

Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et seq., and found to

contain no new or modified form,

information collection, and/or

recordkeeping, labeling, disclosure, or

record retention requirements and will

not increase or decrease burden hours

imposed on the public.

48. This Memorandum Opinion and

Order and the rule amendments are

issued under the authority of 47 U.S.C.

154(i), 303(r), and 405.

Final Regulatory Flexibility Analysis

49. As required by Section 603 of the

Regulatory Flexibility Act, 5 U.S.C. 603

(RFA), an Initial Regulatory Flexibility

Analysis (IRFA) was incorporated in the

Notice of Proposed Rule Making (56 FR

31097, July 9, 1991) in PR Docket 92–

235. The Commission sought written

public comments on the proposals in

the Refarming Notice, including on the

IRFA. The Commission’s Final

Regulatory Flexibility Analysis (FRFA)

in this Memorandum Opinion and

Order conforms to the RFA, as amended

by the Contract With America

Advancement Act of 1996.1

A. Need For and Objective of the

Proposed Rule

50. Our objective is to increase

spectrum efficiency and facilitate the

introduction of advanced technologies

into the 150–174 MHz, 421–430 MHz,

450–470 MHz, and 470–512 MHz PLMR

bands. The Report and Order in this

proceeding modified the Commission’s

rules to resolve many of the technical

issues which inhibited the use of

spectrally efficient technologies in these

frequency bands. This MO&O address

petitions for reconsideration and

clarification received in response to the

Report and Order.

51. We find that the potential benefits

to the PLMR community exceed any

negative effects that may result from the

promulgation of rules for this purpose.

Thus, we conclude that the public

interest is served by modifying our rules

to increase the spectral efficiency of the

PLMR bands.

B. Summary of Significant Issues Raised

by the Public Comments in Response to

the Initial Regulatory Flexibility

Analysis

52. No comments were submitted in

direct response to the IRFA. We have,

however, reviewed general comments

that may impact small businesses.

C. Description and Estimate of the

Number of Small Entities Subject to

Which the Rules Apply

53. The rules adopted in this

Memorandum Opinion and Order will

apply to small business that choose to

use, manufacture, or design radios that

operate in the PLMR bands below 512

MHz. The are no Commission imposed

requirements, however, for any entity to

use or produce these products.

Estimates for PLMR Manufacturers

54. The Commission has not

developed a definition of small entities

specifically applicable to PLMR

manufacturers. Therefore, for the

purposes of this analysis, the applicable

definition of small entity is the

definition under the Small Business

Administration (SBA) rules applicable

to radio and television broadcasting and

communications equipment

manufacturers. The SBA defines a small

entity in this category as one in which

less than 750 persons are employed.2

55. Because the Regulatory Flexibility

Act amendments were not in effect until

the record in this proceeding was

closed, the Commission was unable to

request information regarding the

number of small entities that

manufacture PLMR equipment and is

unable at this time to determine the

number of manufacturers which are

small businesses. However, the 1992

Census of Manufacturers, conducted by

the Bureau of Census, which is the most

comprehensive and recent information

available, shows that approximately 925

out of the 948 entities manufacturing

radio and television transmitting

equipment in 1992 employed less than

750 persons.3 We are unable to discern

from the Census data precisely how

many of these manufacturers produce

private land mobile radios. Further, any

entity may choose to manufacture such

radio equipment. Therefore, for

purposes of our evaluations and

conclusions in this Final Regulatory

Flexibility Analysis, we estimate that

there are at least 925 manufacturers and

potential manufacturers of PLMR

equipment which are small businesses,

as that term is defined by the SBA.

Estimates for PLMR Licensees

56. Private land mobile radio system

serve an essential role in a vast range of

industrial, business, land transportation,

and public safety activities. These

radios are used by companies of all sizes

operating in all U.S. business categories.

Because of the vast array of PLMR users,

the Commission has not developed nor

would it be possible to develop a

definition of small entities specifically

applicable to PLMR users. For the

purpose of determining whether a

licensee is a small business as defined

by the SBA, each licensee would need

to be evaluated within its own business

area.

57. Because the Regulatory Flexibility

Act amendments were not in effect until

the record in this proceeding was

closed, the Commission was unable to

request information regarding the

number of small entities that are private

land mobile radio licensees. Therefore,

the Commission is unable at this time to

determine the number of small

businesses which could be impacted by

the rules. However, the Commission’s

fiscal year 1994 annual report indicates

that at the end of fiscal year 1994 there

were 1,101,711 licensees operating

12,882,623 transmitters in the PLMR
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2033

4See Federal Communications Commission, 60th

Annual Report, Fiscal Year 1994 at 120–121.

5Many of the frequency coordinators are trade

associations and represent their members, many of

which are small entities, views on

telecommunications matters.

6See 5. U.S.C. 801(a)(1)(A).

bands below 512 MHz.4 Further,

because any entity engaged in a

commercial activity is eligible to hold a

PLMR license, these rules could

potentially impact every small business

in the U.S.

D. Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements of the Rules

58. There are no general reporting or

recordkeeping requirements. However,

for certain requests we have substituted

a new, less burdensome reporting

requirement in place of a requirement

for applicants to file applications for

waiver or modification.

(1) In order to obtain a type

acceptance grant, PLMR radios that

transmit data must meet a specified

spectrum efficiency standard—

measured in bits per second per Hertz.

For radios that transmit bit rates slower

than the specified standard, our rules

permit manufacturers an alternative to

requesting a waiver of the technical

rules. Type acceptance grants may be

obtained, provided that the applicant

submits a technical analysis which

demonstrates that the slower data rate

will provide more spectral efficiency

than the standard data rate.

(2) Our rules provide allowable

combinations of antenna height and

effective radiated power (ERP) based on

the size of the area an applicant intends

to serve and a certain signal strength at

the edge of this service area. Rather than

filing a waiver request, we are allowing

applicants to exceed the reference

antenna height, provided they

correspondingly lower their ERP and

demonstrate that the signal strength of

their system at the edges of their service

area meets the general limits.

(3) Licensees, when making changes

to their radio systems, are normally

required to file an application for

modification. However, in instances

where the only modification to a radio

system is a narrowing of its operating

bandwidth, we will not require an

application for modification. Instead,

we are only requiring that licensees

notify the Commission of the change.

E. Steps Taken by Agency To Minimize

Significant Economic Impact on Small

Entities Consistent With Stated

Objectives

59. The Commission, in this MO&O,

has considered petitions to reconsider

the rules adopted in the Report and

Order in this proceeding. In doing so,

the Commission has adopted several

alternatives which minimize burdens

placed on small entities. First, the

Commission reaffirms its decision to

implement the transition to narrowband

equipment through the type acceptance

process. Users are not required to

replace their existing systems, rather

they are provided flexibility to choose a

transition schedule that best fulfills

their needs while balancing technical

capabilities and financial

considerations. Second, private paging

systems, many of which are operated by

small entities, will not be subject to

many of the new rules. This approach,

by not imposing new requirements on

private paging licensees, will lower the

cost of expanding such systems. Third,

we provide applicants the ability to

deviate from the new power/antenna

height restrictions, which only apply to

new stations, without applying for a

waiver. This approach eliminates the

need for small entities to remit waiver

fees of $125 per rule section per station.

Additionally, it eliminates the need for

small entities to expend clerical support

to prepare these waiver requests.

Fourth, we allow manufacturers to make

permissive changes to previously type

accepted equipment. This will allow

small entities to continue supporting

their existing equipment and customer

base in advance of changing their

production facilities to manufacture

radios compliant with the new spectrum

efficiency rules. Fifth, we ease the

frequency stability requirements for

narrowband radios and extend the

exemption from technical standards for

low power transmitters to all radio

services. These changes will lower

development and production costs for

small entities. Sixth, we will not require

licensees operating on 5 kHz channels

under former § 90.271 of our rules to

comply with the new channel plan by

August 1, 2001. Instead, these licensees

can continue operating on their current

frequency as long as they do not cause

interference to other users. This

approach will lower costs to small

entities by not requiring those who

operate such systems to modify them

sooner than necessary or at all.

F. Commission’s Outreach Efforts To

Learn of and Respond to the Views of

Small Entities Pursuant to 5 U.S.C. 609

60. The Commission has, in this

proceeding, taken several steps to learn

and respond to the views of small

entities. In response to the Refarming

Notice, we held two public forums. On

November 14, 1991, the Private Radio

Bureau, in cooperation with the

Annenberg Washington Program,

Communications Policy Studies of

Northwestern University, sponsored a

conference on Refarming and on May

16, 1993, the Private Radio Bureau held

a Refarming technology Roundtable.

Additionally, throughout the course of

this proceeding the representatives of

the Private Wireless Division (PWD) of

the Wireless Telecommunications

Bureau have had numerous ex parte

discussions with small entities or their

representatives. For example, the PWD

has met with many of the frequency

coordinators for the nineteen PLMR

services.5

G. Report to Congress

61. The Commission shall send a copy

of this final Regulatory Flexibility

analysis, along with the Memorandum

Opinion and Order, in a report to

Congress pursuant to the SBREFA.6 A

copy of this FRFA will also be

published in the Federal Register.

List of Subjects in 47 CFR Part 90

Communications equipment, Radio.

Federal Communications Commission

William F. Caton,

Acting Secretary.

Rule Changes

Part 90 of Chapter I of Title 47 of the

Code of Federal Regulations is amended

as follows:

PART 90—PRIVATE LAND MOBILE

RADIO SERVICES

1. The authority citation for part 90

continues to read as follows:

Authority: 47 U.S.C. 154, 302, 303, and

332, unless otherwise noted.

2. Section 90.17 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (b)

and adding paragraph (c)(31) to read as

follows:

§ 90.17 Local Government Radio Service.

* * * * *

(b) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 29, 31

* * * * *

(c) * * *

(31) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz
2034 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

3. Section 90.19 is amended by

revising the entries for 150 to 170 MHz,

and 460.0125 MHz in the frequency

table in paragraph (d) and adding

paragraphs (e)(35) and (e)(36) to read as

follows:

§ 90.19 Police Radio Service.

* * * * *

(d) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 33, 35

* * * * *

460.0125 ......do ...................... 26, 36

* * * * *

(e) * * *

(35) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

(36) Use of this frequency is on a

secondary basis and subject to the

provisions of § 90.267(a)(3), (a)(4), (a)(5),

and (a)(7)

* * * * *

4. Section 90.21 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (b)

and adding paragraph (c)(23) to read as

follows:

§ 90.21 Fire Radio Service.

* * * * *

(b) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 21, 23

* * * * *

(c) * * *

(23) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

5. Section 90.23 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (b)

and adding paragraph (c)(24) to read as

follows:

§ 90.23 Highway Maintenance Radio

Service.

* * * * *

(b) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 21, 24

* * * * *

(c) * * *

(24) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

6. Section 90.25 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (b)

and adding paragraph (c)(28) to read as

follows:

§ 90.25 Forestry-Conservation Radio

Service.

* * * * *

(b) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 25, 28

* * * * *

(c) * * *

(28) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

7. Section 90.27 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (b),

by revising the tables in paragraphs

(c)(11) and (c)(13)(i), and by adding

paragraph (c)(29) to read as follows:

§90.27 Emergency Medical Radio Service.

* * * * *

(b) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 28, 29

* * * * *

(c) * * *

(11) * * *

Frequencies

base and mobile

(MHz)

Mobile only

(MHz)

Channel

name

462.950 467.950 MED–9

462.95625 467.95625 MED–91

462.9625 467.9625 MED–92

462.96875 467.96875 MED–93

462.975 467.975 MED–10

462.98125 467.98125 MED–

101

462.9875 467.9875 MED–

102

462.99375 467.99375 MED–

103

* * * * *

(13) * * *

(i) * * *

Frequencies

base and mobile

(MHz)

Mobile only

(MHz)

Channel

name

463.000 468.000 MED–1

463.00625 468.00625 MED–11

463.0125 468.0125 MED–12

463.01875 468.01875 MED–13

463.025 468.025 MED–2

463.03125 468.03125 MED–21

463.0375 468.0375 MED–22

463.04375 468.04375 MED–23

463.050 468.050 MED–3

463.05625 468.05625 MED–31

463.0625 468.0625 MED–32

463.06875 468.06875 MED–33

46.075 46.075 MED–4

463.08125 468.08125 MED–41

463.0875 468.0875 MED–42

463.09375 468.09375 MED–43

463.100 468.100 MED–5

463.10625 468.10625 MED–51

463.1125 468.1125 MED–52

463.11875 468.11875 MED–53

463.125 468.125 MED–6

463.13125 468.13125 MED–61

463.1375 468.1375 MED–62

463.14375 468.14375 MED–63

463.150 468.150 MED–7

463.15625 468.15625 MED–71

463.1625 468.1625 MED–72

463.16875 468.16875 MED–73

463.175 468.175 MED–8

463.18125 468.18125 MED–81

463.1875 468.1875 MED–82

463.19375 468.19375 MED–83
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2035

* * * * *

(29) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

8. Section 90.53 is amended by

revising the entries for 150 to 170 MHz

and 458.0375 MHz, removing the entries

for 453.03125 MHz, 453.03750 MHz,

453.04375 MHz, 453.08125 MHz,

453.08750 MHz, 453.09375 MHz,

453.13125 MHz, 453.13750 MHz,

453.14375 MHz, 453.18125 MHz,

453.18750 MHz, 453.19375 MHz,

462.0125 MHz, 462.0375 MHz, 462.0625

MHz, 462.0875 MHz, 462.1125 MHz,

462.1375 MHz, 462.1625 MHz, 462.1775

MHz, 467.0125 MHz, 467.0375 MHz,

467.0625 MHz, 467.0875 MHz, 467.1125

MHz, 467.1375 MHz, 467.1625 MHz,

467.1875 MHz, and adding entries for

458.0125 MHz, 463.0125 MHz, 463.0375

MHz, 463.0625 MHz, 463.0875 MHz,

463.1125 MHz, 463.1375 MHz, 463.1625

MHz, 463.1875 MHz, 468.0125 MHz,

468.0375 MHz, 468.0625 MHz, 468.0875

MHz, 468.1125 MHz, 468.1375 MHz,

468.1625 MHz, and 468.1875 MHz in

the frequency table in paragraph (a), and

adding paragraph (b)(39) to read as

follows:

§90.53 Frequencies available.

(a) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 36, 39

* * * * *

458.0125 Mobile ...................... 38

458.0375 ......do ...................... 38

* * * * *

463.0125 ......do ...................... 38

463.0375 ......do ...................... 38

463.0625 ......do ...................... 38

463.0875 ......do ...................... 38

463.1125 ......do ...................... 38

463.1375 ......do ...................... 38

463.1625 ......do ...................... 38

463.1875 ......do ...................... 38

* * * * *

468.0125 ......do ...................... 38

468.0375 ......do ...................... 38

468.0625 ......do ...................... 38

468.0875 ......do ...................... 38

468.1125 ......do ...................... 38

468.1375 ......do ...................... 38

468.1625 ......do ...................... 38

468.1875 ......do ...................... 38

* * * * *

(39) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

9. Section 90.63 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (c)

and adding paragraph (d)(31) to read as

follows:

§ 90.63 Power Radio Service.

* * * * *

(c) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 29, 31

* * * * *

(d) * * *

(31) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

10. Section 90.65 is amended by

revising the entry for 150 to 170 MHz,

removing the second entry for 456.525

MHz, and adding entries for 456.7375

MHz and 462.5125 MHz in the

frequency table in paragraph (b) and

adding paragraph (c)(48) to read as

follows:

§ 90.65 Petroleum Radio Service.

* * * * *

(b) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 45, 48

* * * * *

456.7375 ......do ...................... 46

* * * * *

462.5125 Mobile ...................... 46

* * * * *

(c) * * *

(48) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

11. Section 90.67 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (b)

and adding paragraph (c)(43) to read as

follows:

§ 90.67 Forest Products Radio Service.

* * * * *

(b) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 39, 43

(c) * * *

(43) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

12. Section 90.69 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (b)

and adding paragraph (c)(16) to read as

follows:

§ 90.69 Film and Video Production Radio

Service.

* * * * *

(b) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 15, 16

* * * * *

(c) * * *

(16) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

13. Section 90.73 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (c)
2036 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

and adding paragraph (d)(42) to read as

follows:

§ 90.73 Special Industrial Radio Service.

* * * * *

(c) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 39, 42

* * * * *

(d) * * *

(42) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

14. Section 90.75 is amended by

revising the entries for 150 to 170 MHz,

150.830 MHz, 150.920 MHz, 151.070

MHz, 151.190 MHz, 151.310 MHz,

152.480 MHz, 157.740 MHz, 460.66250

MHz, 460.68750 MHz, 460.71250 MHz,

460.73750 MHz, 460.76250 MHz,

460.78750 MHz, 460.81250 MHz,

460.83750 MHz, 460.86250 MHz,

460.88750 MHz, 462.750 MHz, 462.775

MHz, 462.800 MHz, 462.825 MHz,

462.850 MHz, 462.875 MHz, 462.900

MHz, 462.925 MHz, 462.93750 MHz,

462.94375 MHz, 463.200 MHz, 464.4875

MHz, 464.5125 MHz, 464.5375 MHz,

464.5625 MHz, 464.98750 MHz,

465.01250 MHz, 465.650 MHz,

465.66250 MHz, 465.68750 MHz,

465.71250 MHz, 465.73750 MHz,

465.76250 MHz, 465.78750 MHz,

465.81250 MHz, 465.83750 MHz,

465.86250 MHz, 465.88750 MHz,

469.4875 MHz, 469.5125 MHz, 469.5375

MHz, and 469.5625 MHz, adding entries

for 154.585 MHz and 467.9375 MHz in

the table in paragraph (b) and adding

paragraphs (c)(53), (c)(54), and (c)(55) to

read as follows:

§ 90.75 Business Radio Service.

* * * * *

(b) * * *

Frequency

or band Class of station(s) Limitations

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 48, 54

* * * * *

150.830 ... Base ........................ 8, 10, 12,

49, 55

Frequency

or band Class of station(s) Limitations

* * * * *

150.920 ... Base ........................ 8, 10, 12,

49, 55

* * * * *

151.070 ... Base ........................ 8, 10, 12,

49, 55

* * * * *

151.190 ... Base ........................ 8, 10, 12,

49, 55

* * * * *

151.310 ... Base ........................ 8, 10, 12,

49, 55

* * * * *

152.480 ... Base ........................ 10, 11,

12, 49,

55

* * * * *

154.585 ... ......do ...................... 4, 13, 22,

38, 24

* * * * *

157.740 ... Base ........................ 10, 11,

12, 49,

55

* * * * *

460.6625 ......do ...................... 2, 15, 24,

25, 26,

53

* * * * *

460.6875 ......do ...................... 2, 15, 24,

25, 26,

53

* * * * *

460.7125 ......do ...................... 2, 15, 24,

25, 26,

53

* * * * *

460.7375 ......do ...................... 2, 15, 24,

25, 26,

53

* * * * *

460.7625 ......do ...................... 2, 15, 24,

25, 26,

53

* * * * *

460.7875 ......do ...................... 2, 15, 24,

25, 26,

53

* * * * *

460.8125 ......do ...................... 2, 15, 24,

25, 26,

53

* * * * *

460.8375 ......do ...................... 2, 15, 24,

25, 26,

53

Frequency

or band Class of station(s) Limitations

* * * * *

460.8625 ......do ...................... 2, 15, 24,

25, 26,

53

* * * * *

460.8875 ......do ...................... 2, 15, 24,

25, 26,

53

* * * * *

462.750 ... Base ........................ 10, 49,

55

* * * * *

462.775 ... Base ........................ 10, 49,

55

* * * * *

462.800 ... Base ........................ 10, 49,

55

* * * * *

462.825 ... Base ........................ 10, 49,

55

* * * * *

462.850 ... Base ........................ 10, 49,

55

* * * * *

462.875 ... Base ........................ 10, 49,

55

* * * * *

462.900 ... Base ........................ 10, 49,

55

* * * * *

462.925 ... Base ........................ 10, 49,

55

462.9375 Mobile ...................... 52

462.94375 Base or mobile ........ 46

463.200 ... ......do ...................... 1, 2, 26

* * * * *

464.4875 ......do ...................... 1, 2, 24,

26, 29

* * * * *

464.5125 ......do ...................... 1, 2, 24,

26, 29

* * * * *

464.5375 ......do ...................... 1, 2, 24,

26, 29

* * * * *

464.5625 ......do ...................... 1, 2, 24,

26, 29

* * * * *

464.9875 Mobile ...................... 52

* * * * *

465.0125 Mobile ...................... 52

* * * * *

465.650 ... ......do ...................... 2, 4, 25,

26, 31
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2037

Frequency

or band Class of station(s) Limitations

* * * * *

465.6625 ......do ...................... 2, 4, 24,

25, 26,

31, 53

* * * * *

465.6875 ......do ...................... 2, 4, 24,

25, 26,

31, 53

* * * * *

465.7125 ......do ...................... 2, 4, 24,

25, 26,

31, 53

* * * * *

465.7375 ......do ...................... 2, 4, 24,

25, 26,

31, 53

* * * * *

465.7625 ......do ...................... 2, 4, 24,

25, 26,

31, 53

* * * * *

465.7875 ......do ...................... 2, 4, 24,

25, 26,

31, 53

* * * * *

465.8125 ......do ...................... 2, 4, 24,

25, 26,

31, 53

* * * * *

465.8375 ......do ...................... 2, 4, 24,

25, 26,

31, 53

* * * * *

465.8625 ......do ...................... 2, 4, 24,

25, 26,

31, 53

* * * * *

465.8875 ......do ...................... 2, 4, 24,

25, 26,

31, 53

* * * * *

466.0125 ......do ...................... 1, 2, 24,

28, 39,

53

* * * * *

467.9375 ......do ...................... 24, 52

* * * * *

469.4875 ......do ...................... 1, 2, 24,

26

* * * * *

469.5125 ......do ...................... 1, 2, 24,

26

* * * * *

469.5375 ......do ...................... 1, 2, 24,

26

Frequency

or band Class of station(s) Limitations

* * * * *

469.5625 ......do ...................... 1, 2, 24,

26

* * * * *

(c) * * *

(53) This frequency may be used on

a secondary, non-interference basis by a

hospital or health care institution

holding a license to operate a radio

station under this part to operate a

medical radio telemetry device with an

output power not to exceed 20

milliwatts without specific

authorization from the Commission.

(54) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

(55) One-way paging transmitters on

this frequency may operate with an

output power of 350 watts.

* * * * *

15. Section 90.79 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (c)

and adding paragraph (d)(32) to read as

follows:

§ 90.79 Manufacturers Radio Service.

* * * * *

(c) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 30, 32

* * * * *

(d) * * *

(32) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

16. Section 90.81 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (c)

and adding paragraph (d)(19) to read as

follows:

§ 90.81 Telephone Maintenance Radio

Service.

* * * * *

(c) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 17, 19

* * * * *

(d) * * *

(19) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

17. Section 90.89 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (b)

and adding paragraph (c)(27) to read as

follows:

§ 90.89 Motor Carrier Radio Service.

* * * * *

(b) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 24, 27

* * * * *

(c) * * *

(27) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

18. Section 90.91 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (b)

and adding paragraph (c)(25) to read as

follows:

§ 90.91 Railroad Radio Service.

* * * * *

(b) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 23, 25

* * * * *
2038 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

(c) * * *

(25) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

19. Section 90.93 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (b)

and adding paragraph (c)(20) to read as

follows:

§ 90.93 Taxicab Radio Service.

* * * * *

(b) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile ........ 18, 20

* * * * *

(c) * * *

(20) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

20. Section 90.95 is amended by

revising the entry for 150 to 170 MHz

in the frequency table in paragraph (c)

and adding paragraph (d)(24) to read as

follows:

§ 90.95 Automobile Emergency Radio

Service.

* * * * *

(c) * * *

Frequency

or band Class of station(s) Limitations

* * * * *

Megahertz:

* * * * *

150 to 170 Base or Mobile .... 21, 24

* * * * *

(d) * * *

(24) Licensees as of August 18, 1995

who operate systems that are 2.5 kHz

removed from regularly assignable

frequencies may continue to operate on

a secondary, non-interference basis after

August 1, 2003.

* * * * *

21. Section 90.135 is amended by

revising paragraph (a)(2), redesignating

paragraph (b)(5) as paragraph (b)(6),

adding a new paragraph (b)(5), revising

the first and last sentences in paragraph

(d) and revising the first sentence in

paragraph (e) to read as follows:

§ 90.135 Modification of license.

(a) * * *

(2) Change in the type of emission,

except under the conditions specified in

paragraph (b)(5) of this section.

* * * * *

(b) * * *

(5) Change in the type of emission

when:

(i) Operation is in the 150–174 MHz

or 421–512 MHz bands; and

(ii) The modification will be for a

narrower emission than specified in the

current authorization.

* * * * *

(d) In case of a change listed in

paragraphs (b)(1), (b)(2), or (b)(5) of this

section, the licensee must notify the

Commission immediately. * * *

Licensees whose licenses are due for

renewal and who have received the

renewal Form 574–R in the mail from

the Commission must use the

appropriate boxes on that form to notify

the Commission of a change listed in

paragraphs (b)(1), (b)(2), or (b)(5) of this

section.

(e) In the case of a change listed in

paragraphs (b)(3), (b)(4), and (b)(6) of

this section, the licensee must notify the

Commission within 30 days of the

change. * * *

* * * * *

22. Section 90.173 is amended by

revising paragraph (a) to read as follows:

§ 90.173 Policies governing the

assignment of frequencies.

(a) The frequencies which ordinarily

may be assigned to stations in the

services governed by this part are listed

in subparts B, C, D, E, and F of this part.

Frequencies other than those listed in

subparts B, C, D, and E may be assigned

in the 150–174 MHz, 421–430 MHz,

450–470 MHz, and 470–512 MHz bands,

provided such applications are

accompanied by a showing of frequency

coordination in accordance with the

requirements of Section 90.175. Except

as otherwise specifically provided in

this part, frequencies assigned to land

mobile stations are available on a shared

basis only and will not be assigned for

the exclusive use of any licensee.

* * * * *

23. Section 90.203 is amended by

revising paragraph (j) to read as follows:

§90.203 Type acceptance required.

* * * * *

(j) Except where otherwise

specifically provided for, transmitters

operating on frequencies in the 150–174

MHz and 421–512 MHz bands must

comply with the following.

(1) Applications for type acceptance

received prior to February 14, 1997, will

be granted for equipment with channel

bandwidths up to 25 kHz.

(2) Applications for type acceptance

received on or after February 14, 1997

will only be granted for equipment with

the following channel bandwidths:

(i) 12.5 kHz or less for single

bandwidth mode equipment or multibandwidth mode equipment with a

maximum channel bandwidth of 12.5

kHz;

(ii) 25 kHz for multi-bandwidth mode

equipment with a maximum channel

bandwidth of 25 kHz if it is capable of

operating on channels of 12.5 kHz or

less; and

(iii) 25 kHz if the equipment meets

the efficiency standard of paragraph

(j)(3) of this section.

(3) Applications for Part 90 type

acceptance of transmitters designed to

operate on frequencies in the 150–174

MHz and /or 421–512 MHz bands,

received on or after February 14, 1997,

must include a certification that the

equipment meets a spectrum efficiency

standard of one voice channel per 12.5

kHz of channel bandwidth.

Additionally, if the equipment is

capable of transmitting data, has

transmitter output power greater than

500 mW, and has a channel bandwidth

of 6.25 kHz or more, the equipment

must be capable of supporting a

minimum data rate of 4800 bits per

second per 6.25 kHz of channel

bandwidth.

(4) Applications for type acceptance

received on or after January 1, 2005,

except for hand-held transmitters with

an output power of two watts or less,

type acceptance will only be granted for

equipment with the following channel

bandwidths:

(i) 6.25 kHz or less for single

bandwidth mode equipment;

(ii) 12.5 kHz for multi-bandwidth

mode equipment with a maximum

channel bandwidth of 12.5 kHz if it is

capable of operating on channels of 6.25

kHz or less;

(iii) 25 kHz for multi-bandwidth mode

equipment with a maximum channel

bandwidth of 25 kHz if it is capable of

operating on channels of 6.25 kHz or

less; and

(iv) Up to 25 kHz if the equipment

meets the efficiency standard of

paragraph (j)(5) of this section.

(5) Applications for Part 90 type

acceptance of transmitters designed to

operate on frequencies in the 150–174
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2039

MHz and/or 421–512 MHz bands,

received on or after January 1, 2005,

must include a certification that the

equipment meets a spectrum efficiency

standard of one voice channel per 6.25

kHz of channel bandwidth.

Additionally, if the equipment is

capable of transmitting data, has

transmitter output power greater than

500 mW, and has a channel bandwidth

of 6.25 kHz or more, the equipment

must be capable of supporting a

minimum data rate of 4800 bits per

second per 6.25 kHz of channel

bandwidth.

(6) Modification and permissive

changes to type acceptance grants.

(i) The Commission’s Equipment

Authorization Division will not allow

adding a multi-mode or narrowband

operation capability to single bandwidth

mode transmitters, except under the

following conditions:

(A) Transmitters that have the

inherent capability for multi-mode or

narrowband operation allowed in

paragraphs (j)(2) and (j)(4) of this

section, may have their grant of Type

Acceptance modified (reissued) upon

demonstrating that the original unit

complies with the technical

requirements for operation; and

(B) New FCC Identifiers will be

required to identify equipment that

needs to be modified to comply with the

requirements of paragraphs (j)(2) and

(j)(4) of this section.

(ii) All other applications for

modification or permissive changes will

be subject to the Rules of part 2 of this

chapter.

(7) Transmitters designed for one-way

paging operations will be type accepted

with a 25 kHz channel bandwidth and

are exempt from the spectrum efficiency

requirements of paragraphs (j)(3) and

(j)(5) of this section.

(8) The Commission’s Equipment

Authorization Division may, on a case

by case basis, grant type acceptance to

equipment with slower data rates than

specified in paragraphs (j)(3) and (j)(5)

of this section, provided that a technical

analysis is submitted with the

application which describes why the

slower data rate will provide more

spectral efficiency than the standard

data rate.

(9) Transmitters used for stolen

vehicle recovery on 173.075 MHz must

comply with the requirements of

Section 90.19(f)(7).

24. Section 90.205 is amended by

revising paragraph (d)(2), the last

sentence of paragraph (d)(3), paragraph

(g)(2), the last sentence of paragraph

(g)(3), and adding a new paragraph (n)

to read as follows:

§90.205 Power and antenna height limits.

* * * * *

(d) * * *

(2) Applications for stations where

special circumstances exist that make it

necessary to deviate from the ERP and

antenna heights in Table 1 will be

submitted to the frequency coordinator

accompanied by a technical analysis,

based upon generally accepted

engineering practices and standards,

that demonstrates that the requested

station parameters will not produce a

signal strength in excess of 37 dBu at

any point along the edge of the

requested service area. The coordinator

may then recommend any ERP

appropriate to meet this condition.

(3) * * * For base stations with

service areas greater than 80 km, all

operations 80 km or less from the base

station will be on a primary basis and

all operations outside of 80 km from the

base station will be on a secondary basis

and will be entitled to no protection

from primary operations.

* * * * *

(g) * * *

(2) Applications for stations where

special circumstances exist that make it

necessary to deviate from the ERP and

antenna heights in Table 2 will be

submitted to the frequency coordinator

accompanied by a technical analysis,

based upon generally accepted

engineering practices and standards,

that demonstrates that the requested

station parameters will not produce a

signal strength in excess of 39 dBu at

any point along the edge of the

requested service area. The coordinator

may then recommend any ERP

appropriate to meet this condition.

(3) * * * For base stations with

service areas greater than 80 km, all

operations 80 km or less from the base

station will be on a primary basis and

all operations outside of 80 km from the

base station will be on a secondary basis

and will be entitled to no protection

from primary operations.

* * * * *

(n) The output power shall not exceed

by more than 20 percent either the

output power shown in the Radio

Equipment List [available in accordance

with §90.203(a)(1)] for transmitters

included in this list or when not so

listed, the manufacturer’s rated output

power for the particular transmitter

specifically listed on the authorization.

25. Section 90.207 is amended by

revising the introductory text of

paragraph (a) and adding the symbol W

to paragraphs (a)(1) and (a)(3) to read as

follows:

§ 90.207 Types of emissions.

* * * * *

(a) Most common emission symbols.

For a complete listing of emission

symbols allowable under this part, see

§2.201 of this chapter.

(1) * * *

W—Cases not covered above, in

which an emission consists of the main

carrier modulated, either

simultaneously or in a pre-established

sequence, in a combination of two or

more of the following modes:

amplitude, angle, pulse.

* * * * *

(3) * * *

W—Combination of the above.

* * * * *

26. Section 90.211 is amended by

revising paragraph (a) to read as follows:

§ 90.211 Modulation requirements.

* * * * *

(a) Transmitters utilizing analog

emissions that are equipped with an

audio low-pass filter must meet the

emission limitations specified in

§90.210. Testing must be in accordance

with the rules specified in part 2 of this

chapter.

* * * * *

27. Section 90.213 is amended by

revising the entries for 150–174 MHz,

421–512 MHz, 806–821 MHz, 821–824

MHz, and 896–901 MHz, revising

footnotes 6, 7, and 8, and adding

footnote 14 to the table in paragraph (a)

to read as follows:

§ 90.213 Frequency stability.

(a) * * *
2040 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

MINIMUM FREQUENCY STABILITY

[Parts per million (ppm)]

Frequency range (MHz) Fixed and

base stations

Mobile stations

Over 2 watts

output power

2 watts or less

output power

* * * * * * *

150–174 ........................................................................................................................................ 5 11 5 6 5 4 6 50

* * * * * * *

421–512 ........................................................................................................................................ 7 11 14 2.5 8 5 8 5

806–821 ........................................................................................................................................ 14 1.5 2.5 2.5

821–824 ........................................................................................................................................ 14 1.0 1.5 1.5

* * * * * * *

896–901 ........................................................................................................................................ 14 0.1 1.5 1.5

* * * * * * *

* * * * * * *

4Stations operating in the 154.45 to 154.49 MHz or the 173.2 to 173.4 MHz bands must have a frequency stability of 5 ppm.

5 In the 150–174 MHz band, fixed and base stations with a 12.5 kHz channel bandwidth must have a frequency stability of 2.5 ppm. Fixed and

base stations with a 6.25 kHz channel bandwidth must have a frequency stability of 1.0 ppm. 6 In the 150–174 MHz band, mobile stations designed to operate with a 12.5 kHz channel bandwidth or designed to operate on a frequency

specifically designated for itinerant use or designed for low-power operation of two watts or less, must have a frequency stability of 5.0 ppm. Mobile stations designed to operate with a 6.25 kHz channel bandwidth must have a frequency stability of 2.0 ppm. 7 In the 421–512 MHz band, fixed and base stations with a 12.5 kHz channel bandwidth must have a frequency stability of 1.5 ppm. Fixed and

base stations with a 6.25 kHz channel bandwidth must have a frequency stability of 0.5 ppm. 8 In the 421–512 MHz band, mobile stations designed to operate with a 12.5 kHz channel bandwidth must have a frequency stability of 2.5

ppm. Mobile stations designed to operate with a 6.25 kHz channel bandwidth must have a frequency stability of 1.0 ppm.

* * * * * * *

11Paging transmitters operating on paging-only frequencies must operate with frequency stability of 5 ppm in the 150–174 MHz band and 2.5

ppm in the 421–512 MHz band.

* * * * * * *

14 Control stations may operate with the frequency tolerance specified for associated mobile frequencies.

* * * * *

28. Section 90.214 is revised to read

as follows:

§ 90.214 Transient frequency behavior.

Transmitters designed to operate in

the 150–174 MHz and 421–512 MHz

frequency bands must maintain

transient frequencies within the

maximum frequency difference limits

during the time intervals indicated:

Time intervals 1, 2

Maximum frequency difference 3

All equipment

150 to 174 MHz 421 to 512

MHz

Transient Frequency Behavior for Equipment Designed to Operate on 25 kHz Channels

t1

4 ................................................................................................................................................. ± 25.0 kHz 5.0 ms 10.0 ms

t2 .................................................................................................................................................. ± 12.5 kHz 20.0 ms 25.0 ms

t3

4 ................................................................................................................................................. ± 25.0 kHz 5.0 ms 10.0 ms

Transient Frequency Behavior for Equipment Designed to Operate on 12.5 kHz Channels

t1

4 ................................................................................................................................................. ± 12.5 kHz 5.0 ms 10.0 ms

t2 .................................................................................................................................................. ± 6.25 kHz 20.0 ms 25.0 ms

t3

4 ................................................................................................................................................. ± 12.5 kHz 5.0 ms 10.0 ms

Transient Frequency Behavior for Equipment Designed to Operate on 6.25 kHz Channels

t1

4 ................................................................................................................................................. ± 6.25 kHz 5.0 ms 10.0 ms

t2 .................................................................................................................................................. ± 3.125 kHz 20.0 ms 25.0 ms

t3

4 ................................................................................................................................................. ± 6.25 kHz 5.0 ms 10.0 ms

1 ton is the instant when a 1 kHz test signal is completely suppressed, including any capture time due to phasing.

t1 is the time period immediately following ton.

t2 is the time period immediately following t1.

t3 is the time period from the instant when the transmitter is turned off until toff.

toff is the instant when the 1 kHz test signal starts to rise. 2 During the time from the end of t2 to the beginning of t3, the frequency difference must not exceed the limits specified in § 90.213. 3 Difference between the actual transmitter frequency and the assigned transmitter frequency.

4 If the transmitter carrier output power rating is 6 watts or less, the frequency difference during this time period may exceed the maximum frequency difference for this time period.
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2041

29. Section 90.217 is amended by

revising the introductory text and the

first sentence in paragraph (a) to read as

follows:

§ 90.217 Exemption from technical

standards.

Except as noted herein, transmitters

used at stations licensed in the Business

Radio Service and at stations licensed in

the 150–174 MHz and 421–512 MHz

bands in any Radio Service listed in

Subparts B, C, D, and E of this Part

which have an output power not

exceeding 120 milliwatts are exempt

from the technical requirements set out

in this subpart, but must instead comply

with the following:

(a) For equipment designed to operate

with a 25 kHz channel

bandwidth, * * *

* * * * *

§ 90.267 [Amended]

30. Section 90.267 is amended by

removing and reserving paragraph (b).

31. Section 90.283 is amended by

revising the table in paragraph (a),

revising paragraph (c) and adding

paragraph (g) to read as follows:

§ 90.283 Inter-service sharing of maritime

frequencies in the 156–162 MHz band.

(a) * * *

FREQUENCY (MHZ)

Mobile station transmit Mobile station

transmit

157.200 ............................... 161.800

157.20625 1 ......................... 1 161.80625

157.2125 2 ........................... 2 161.8125

157.21875 1 ......................... 1 161.81875

157.225 ............................... 161.825

157.23125 1 ......................... 1 161.83125

157.2375 2 ........................... 2 161.8375

157.24375 1 ......................... 1 161.84375

157.250 ............................... 161.850

157.25625 1 ......................... 1 161.85625

157.2625 2 ........................... 2 161.8625

157.26875 1 ......................... 1 161.86875

157.275 ............................... 161.875

157.28125 1 ......................... 1 161.88125

157.2875 2 ........................... 2 161.8875

157.29375 1 ......................... 1 161.89375

157.300 ............................... 161.900

157.30625 1 ......................... 1 161.90625

157.3125 2 ........................... 2 161.9125

157.31875 1 ......................... 1 161.91875

157.325 ............................... 161.925

157.33125 1 ......................... 1 161.93125

157.3375 2 ........................... 2 161.9375

157.34375 1 ......................... 1 161.94375

157.350 ............................... 161.950

157.35625 1 ......................... 1 161.95625

157.3625 2 ........................... 2 161.9625

157.36875 1 ......................... 1 161.96875

157.375 ............................... 161.975

157.38125 1 ......................... 1 161.98125

157.3875 2 ........................... 2 161.9875

157.39375 1 ......................... 1 161.99375

FREQUENCY (MHZ)—Continued

Mobile station transmit Mobile station

transmit

157.400 ............................... 162.000

1This frequency will be assigned with an

authorized bandwidth not to exceed 6 kHz. 2This frequency will be assigned with an

authorized bandwidth not to exceed 11.25

kHz.

* * * * *

(c) 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) 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) of this section. Such

base and mobile stations must not be

operated on board aircraft in flight.

* * * * *

(g) Applicants seeking to be licensed

for stations exceeding the power/

antenna height limits of the table in

paragraph (d) of this section are

required to secure a waiver and must

submit with the application, an

interference analysis, based upon any of

the generally-accepted terrain-based

propagation models, that shows that cochannel protected entities, described in

paragraph (d) of this section, would

receive the same or greater interference

protection than provided in the table.

32. Section 90.311 is amended by

revising the introductory text of

paragraph (b) to read as follows.

§90.311 Frequencies.

* * * * *

(b) Miami, FL, Dallas, TX, and

Houston, TX urbanized areas. Only the

first and last assignable frequencies are

shown. Assignable frequencies will

occur in increments of 6.25 kHz.

Frequencies listed in paragraph (a)(3) of

this section will only be assigned with

a maximum authorized bandwidth of 6

kHz.

* * * * *

[FR Doc. 97–831 Filed 1–14–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1185

[STB Ex Parte No. 543]

Revision of Regulations for

Interlocking Rail Officers

AGENCY: Surface Transportation Board.

ACTION: Final rules.

SUMMARY: The ICC Termination Act of

1995 (ICCTA) abolished the Interstate

Commerce Commission (ICC) and

transferred certain rail regulatory

functions to the Surface Transportation

Board (Board). The ICCTA revised the

statute concerning restrictions on

officers and directors. Under new 49

U.S.C. 11328, individuals seeking to

hold the position of officer or director

only of Class III railroads are no longer

required to seek Board authorization.

This publication contains our final rules

implementing the statute.

EFFECTIVE DATE: The rules are effective

on February 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–5660. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: In a notice

of proposed rulemaking served May 10,

1996, and published in the Federal

Register on May 13, 1996 (61 FR 22014),

we proposed to revise 49 CFR part 1185

to reflect this statutory change (Pub. L.

104–88, 109 Stat. 803 (1995)) and to

propose other changes to our rules.

Comments were filed by Joseph C.

Szabo, for and on behalf of the United

Transportation Union, Illinois

Legislative Board (UTU), and by the

Association of American Railroads

(AAR).

The Board is adopting final rules in

this decision. This decision is available

to all persons for a charge by phoning

DC NEWS & DATA, INC., at (202) 289–

4357.

The Board certifies that this rule will

not have a significant economic effect

on a substantial number of small

entities. In response to the statutory

change, this rule will reduce regulation

and it imposes no new reporting

requirements on small entities.

Requirements for the form of the

application have been slightly modified

to conform to the Board’s rules of

practice.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.