15248 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations

SUPPLEMENTARY INFORMATION: The Site

to be deleted from the NPL is the

‘‘Crystal City Airport Superfund Site,’’

Crystal City, Texas. A Notice of Intent

to Delete for this Site was published on

January 4, 1995 (60 FR 422). The closing

date for public comment was February

3, 1995. EPA received no comments

during the comment period.

EPA identifies sites which appear to

present a significant risk to public

health, welfare, or the environment and

maintains the NPL as a list of the most

serious of those sites. Sites on the NPL

may be the subject of remedial response

actions financed using the Hazardous

Substance Response Trust Fund (Fund).

Any site deleted from the NPL remains

eligible for Fund-financed remedial

actions in the unlikely event that

conditions at the site warrant such

action. Section 300.425(e)(3) of the NCP,

provides that in the event of a

significant release from a site deleted

from the NPL, the site shall be restored

to the NPL without application of the

Hazard Ranking System. Deletion of a

site from the NPL does not affect

responsible party liability or impede

agency efforts to recover costs

associated with response actions.

List of Subjects in 40 CFR Part 300

Environmental protection, Hazardous

waste.

Dated: March 6, 1995.

William B. Hathaway,

Acting Regional Administrator,

Environmental Protection Agency, Region 6.

For the reasons setout in the

preamble, 40 CFR part 300 is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(d); E.O. 11735, 38 FR 21243; E.O.

12580; 52 FR 2923; E.O. 12777, 56 FR 54757.

Appendix B—[Amended]

2. Table 1 of Appendix B to part 300

is amended by removing Crystal City

Airport Superfund Site, Crystal City,

Texas.

[FR Doc. 95–7197 Filed 3–22–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order—7125

[AK–932–1430–01; AA–2793, J–010160]

Partial Revocation of Public Land

Order No. 829 and Public Land Order

No. 1731; Alaska

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public land order.

SUMMARY: This order revokes two public

land orders insofar as they affect

approximately 468.81 acres of National

Forest System lands withdrawn for use

by the Forest Service, Department of

Agriculture, for the Herbert River Public

Service Site and the Mill Creek

Industrial Area. The lands are no longer

needed for the purposes for which they

were withdrawn. This action also allows

the conveyance of the lands to the State

of Alaska, if such lands are otherwise

available. Any lands described herein

that are not conveyed to the State are

opened and will be subject to the terms

and conditions of the national forest

reservation and any other withdrawal of

record.

EFFECTIVE DATE: March 23, 1995.

FOR FURTHER INFORMATION CONTACT: Sue

A. Wolf, BLM Alaska State Office, 222

W. 7th Avenue, No. 13, Anchorage,

Alaska 99513–7599, 907–271–5477.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. Public Land Order No. 829 and

Public Land Order No. 1731, which

withdrew lands for use by the Forest

Service as administrative sites,

recreation areas, or for other public

purposes, are hereby revoked insofar as

they affect the following described

lands:

Copper River Meridian

Tongass National Forest

(a) Public Land Order No. 829 (AA–2793).

T. 38 S., R. 64 E.,

Sec. 35, lots 5, 7, and 8;

Sec. 36, lot 6.

The area described contains 132.81 acres.

(b) Public Land Order No. 1731 (J–010160).

A parcel of land located within sec. 25 of

T. 62 S., R. 84 E., and secs. 30 and 31 of T.

62 S., R. 85 E., more particularly described

as:

Beginning at U S C & G Station ‘‘Virgin’’

located at Mill Creek on the east shore of

Eastern Passage, thence;

East, 1⁄4 mile;

North, 11⁄2 miles;

West, 1 mile to U S C & G Station ‘‘Mill’’;

Southerly, along line of mean high tide of

Eastern Passage to point of beginning.

The area described contains approximately

336 acres.

The areas describes aggregate

approximately 468.81 acres.

2. The State of Alaska applications for

selection made under Section 6(a) of the

Alaska Statehood Act of July 7, 1958, 48

U.S.C. note prec. 21 (1988), and under

Section 906(e) of the Alaska National

Interest Lands Conservation Act, 43

U.S.C. 1635(e) (1988), become effective

without further action by the State upon

publication of this public land order in

the Federal Register, if such lands are

otherwise available. Lands not conveyed

to the State are opened and will be

subject to the terms and conditions of

the Tongass National Forest reservation

and any other withdrawal of record.

Dated: March 13, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–7153 Filed 3–22–95; 8:45 am]

BILLING CODE 4310–JA–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2 and 90

[PR Docket No. 93–61; FCC 95–41]

Automatic Vehicle Monitoring Systems

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This rule making proceeding

adopts rules for the future licensing and

continued development of a number of

services and equipment using the 902–

928 MHz band. In recent years,

Automatic Vehicle Monitoring (AVM)

systems and unlicensed Part 15 devices

have developed and proliferated in this

band and are providing services that are

valuable and in the public interest.

These services range from licensed

vehicle location and automatic toll

collection systems to unlicensed devices

used for utility meter reading and

inventory control. The adopted

allocation plan for the 902–928 MHz

band includes 8 MHz of additional

spectrum for AVM services and

establishes new provisions for

governing the interference obligations of

Part 15 and amateur operations in this

band. This plan balances the differing

operational needs of these varied types

of uses so that most AVM systems and

Part 15 devices will be able to achieve

their service objectives without

impeding each other’s use of the

spectrum. The adopted rules also
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations 15249

modify and eliminate outdated

regulations that have not kept pace with

the technological evolution of AVM and

establish a new service, the Location

and Monitoring Service (LMS), that both

encompasses the old AVM service and

future advanced transportation-related

services.

EFFECTIVE DATE: April 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Thomas S. Dombrowsky, Martin D.

Liebman or John J. Borkowski in the

Wireless Telecommunications Bureau at

(202) 418–0620.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order in PR Docket No. 93–61,

adopted February 3, 1995 and released

February 6, 1995. The full texts of

Commission decisions are available for

inspection and copying during normal

business hours in the FCC Docket

Branch (Room 230), 1919 M Street, NW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services

(ITS), Inc., (202) 857–3800, 2100 M

Street, NW, Suite 140, Washington, DC

20037.

Paperwork Reduction

The proposal contained herein has

been analyzed with respect to the

Paperwork Reduction Act of 1980 and

found to contain no new or modified

form, information collection and/or

record keeping, labeling, disclosure, or

record retention requirements; and will

not increase or decrease burden hours

imposed on the public.

Summary of the Report and Order

1. The Commission initiated the AVM

service in 1974, when it adopted its

Report and Order in Docket No. 18302.

30 RR 2d 1665 (1974) (1974 Order). In

the 1974 Order, we found that AVM had

the potential to accommodate a number

of important functions, such as tracking

and monitoring large fleets of vehicles

and providing information to allow

more efficient use of vehicles through

better dispatch and routing information.

We also noted that AVM systems had

already been operating for several years

on an experimental and developmental

basis, allowing us to gain valuable

information regarding advances in AVM

technology. [The Commission first

licensed AVM on a developmental basis

in 1968. In 1972, the Commission

sought additional information on the

development of AVM since its original

inquiry and proposed to adopt rules for

permanent licensing. See Further Notice

of Inquiry and Notice of Proposed Rule

Making, Docket No. 18302, 35 FCC 2d

692 (1972). While recognizing the

technological progress made by AVM,

we concluded that development of new

vehicle monitoring technologies was

also likely in the future, making it

inadvisable to adopt permanent rules

until more information was available

regarding the viability of such new

technologies. Accordingly, we decided

to provide for the licensing of AVM

systems on both a permanent and a

developmental basis under ‘‘interim’’

rules. 1974 Order at para. 5. These rules

have remained in effect until now.

2. Our 1974 AVM rules provide for

licensing of AVM systems in the 903–

912 and 918–927 MHz bands, as well as

in several bands below 512 MHz. While

little licensing of AVM has occurred

below 512 MHz, there has been

significant AVM use of the 900 MHz

bands in recent years. Existing AVM

systems in these bands generally fall

into one of two broad technological

categories: multilateration systems and

non-multilateration systems.

Multilateration systems use spreadspectrum technology to locate vehicles

(and other moving objects) with great

accuracy throughout a wide geographic

area. This technology is used, for

example, by trucking companies to

locate and track their vehicle fleets, by

municipal governments to pinpoint the

location of their buses, and by

entrepreneurs who are developing

subscriber-based, stolen vehicle

recovery systems. Non-multilateration

systems use narrowband technology to

transmit data to and from vehicles

passing through a particular location.

This technology is now providing

valuable services to state and local

governments operating various types of

automated toll collection systems—with

an estimated 500,000 cars currently

served by such systems—and by the

railroad industry in the monitoring of

their systems’ railway cars.

3. It is expected that in the coming

years both types of LMS systems will

play an integral role in the development

and implementation of the variety of

radio advanced transportation-related

services, known as ‘‘Intelligent Vehicle

Highway Systems’’ (IVHS) or

‘‘Intelligent Transportation Systems’’

(ITS). The ITS is a collection of

advanced radio technologies that

promise to improve the efficiency and

safety of our nation’s highways, reduce

harmful automobile emissions, promote

more efficient energy use, and increase

national productivity.

4. To recognize the expected growth

of ITS, this Report and Order creates a

new subpart in Part 90 for

Transportation Infrastructure Radio

Services (TIRS). The Location and

Monitoring Service (LMS), which uses

the 902–928 MHz band, constitutes the

first service contained within the TIRS

category. As we allocate additional

spectrum or create new services

intended to further the efficiency of the

nation’s transportation infrastructure,

these new services will likely be

regulated under the TIRS. The TIRS will

thus further Congress’s goal of

encouraging ITS by providing an

organized and unified approach towards

regulating spectrum for ITS-related

services.

5. LMS systems will share their

portion of the 902–928 MHz band with

other users. The band is allocated on a

primary basis for use by Government

radiolocation systems and Industrial,

Scientific, and Medical (ISM)

equipment, with Government fixed and

mobile operations secondary to these

users. Amateur Radio Service licensees

operate in the entire band, but on a

secondary basis to the ISM, Government

and AVM users. Part 15 uses are

permitted in this band, but are

secondary to all other uses, including

AVM and amateur operations.

6. In 1989 and 1990, we also modified

our rules to permit enhanced operation

of spread spectrum-based radio devices

throughout the 902–928 MHz band on

an unlicensed basis, pursuant to Part 15

of our Rules. Since modifying our rules

to provide for enhanced Part 15

operations, see Report and Order, Gen.

Docket No. 87–389, 4 FCC Rcd 3493

(1989), 54 FR 17710 (April 25, 1989),

and Report and Order, Gen. Docket No.

89–354, 5 FCC Rcd 4125 (1990), 55 FR

28760 (July 13, 1990), a large number of

equipment manufacturers and

entrepreneurial companies have

developed radio devices and

implemented radio systems employing

spread-spectrum technology in the 902–

928 MHz band. It is estimated that

several million Part 15 devices have

been sold and are being used every day

to provide a wide variety of valuable

services to the American public.

7. On May 28, 1992, North American

Teletrac and Location Technologies

(Teletrac) filed a Petition for Rule

Making (RM–8013) requesting that we

adopt permanent rules for licensing

AVM systems. On March 11, 1993, in

response to Teletrac’s petition, we

adopted the Notice of Proposed Rule

Making (Notice) in this proceeding to

examine the future licensing and

continued development of AVM

systems, PR Docket No. 93–61, 8 FCC

Rcd. 2502 (1993), 58 FR 21276 (April

20, 1993). In the Notice, we propose to

replace the existing interim rules for

AVM with permanent rules. We also

proposed to expand the technical
15250 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations

1Rand-McNally organizes the 50 states and the

District of Columbia into 47 MTAs. See RandMcNally Commercial Atlas and Marketing Guide,

36–39, (123d ed. 1992). PCIA and Rand-McNally

have recently entered into an agreement regarding

the use of Rand-McNally’s market area designations

(i.e., Basic Trading Areas (BTAs) and Major Trading

Areas (MTAs)) for the licensing of various mobile

radio services. LMS is not covered by this

agreement. The listings of the Major Trading Areas,

including the counties, parishes and census

divisions that comprise each MTA, are available for

public inspection in the Office of Engineering and

Technology’s Technical Information Center, 2nd

Floor, 2000 M Street NW., Washington, D.C.

2The four additional regions are: (1) Guam and

the Northern Mariana Islands; (2) the

Commonwealth of Puerto Rico and the U.S. Virgin

Islands; (3) American Samoa; and (4) Alaska will be

treated as a single area separate from the Seattle

MTA. This is consistent with our MTA-based

service area definitions for broadband PCS (see 47

CFR 24.102) and for the Commercial Mobile Radio

Services.

parameters of the service to permit

locating and monitoring of people and

objects, as well as vehicles, and

therefore proposed to rename the

service as the Location and Monitoring

Service (LMS). Additionally, we

proposed to allocate the entire 902–928

MHz band for LMS, with separate

allocations for multilateration LMS

systems and non-multilateration LMS

systems. We proposed that all LMS

systems operate on a shared basis.

8. In response to our Notice, we

received numerous comments and reply

comments from LMS service providers,

LMS licensees that use LMS systems to

meet their own internal needs (such as

railroad companies and local

government entities), LMS users,

manufacturers and users of Part 15

equipment, and Amateur operators. We

solicited further comments and reply

comments in response to ex parte

communications we received. See

Public Notice, DA 94–129, PR Docket

No. 93–61, 59 Fed.Reg. 7239 (February

15, 1994). Comments offered a wide

array of suggestions on the many

complex issues raised in the Notice.

Although we are adopting many of the

proposals set forth in our Notice, the

comprehensive record developed in this

proceeding has led us to modify some

of our proposals, especially as they

concern the spectrum available for the

different types of LMS systems, the

licensing procedures for the band, and

the general obligations of various users

of the band.

9. Multilateration and nonmultilateration LMS systems, amateur

operations, and Part 15 devices will all

play an important role in providing

valuable services to the American

public in the coming years. We believe

that our decisions in this proceeding

recognize this importance and will

enable all of these services to make

continued use of this spectrum. We

have therefore developed a spectrum

plan that attempts to accommodate all

of these users’ requirements. The plan:

(1) continues to permit secondary

operations by unlicensed Part 15 and

amateurs across the entire band, but

affords users in these services a greater

degree of protection to their operations;

(2) enables non-multilaterations LMS

systems to operate on spectrum separate

from multilateration systems; and (3)

allocates spectrum on an exclusive basis

for multilateration LMS licenses.

10. In this Report and Order we have

therefore made the following decisions:

■ Change the name of this service

from the Automatic Vehicle Monitoring

(AVM) to the Location and Monitoring

Service (LMS).

■ Change the terminology used to

refer to the two general categories of

LMS technologies from ‘‘wideband’’ and

‘‘narrowband’’ to ‘‘multilateration’’ and

‘‘non-multilateration,’’ respectively.

■ Permit multilateration LMS

systems to locate any object—animate or

inanimate—ancillary to their primary

vehicular location and monitoring

services.

■ Permit LMS systems to transmit

and receive status and instructional

information, both non-voice and voice,

related to the location and monitoring of

a mobile unit and permit LMS systems

to interconnect with the Public

Switched Network (PSN) on a restricted

basis.

■ Expand LMS license eligibility to

all entities to be licensed under Part 90

of our Rules and allow service in the

902–928 MHz band to be provided by

LMS licensees to both individuals and

the Federal Government on a

commercial basis to paying subscribers.

■ Clarify what constitutes harmful

interference to multilateration licensees

by unlicensed Part 15 devices and

amateur operations.

■ Allocate an additional 8 MHz of

spectrum in the 902–928 MHz band for

LMS use, permitting the entire band to

be used for this purpose. Adopt a

spectrum allocation scheme for the 902–

928 MHz band that assigns separate subbands for multilateration and nonmultilateration operations as follows:

Band (MHz) System license

902.000–904.000 ...... Non-multilateration.

904.000–909.750 ...... Multilateration.

909.750–919.750 ...... Non-multilateration.

919.750–921.750 ...... Multilateration and

non-multilateration.

921.750–927.250 ...... Multilateration.

927.250–928.000 ...... Multilateration1.

1This is not considered a separate subband. Each licensee in the 904.000–909.75

MHz, 919.750–921.750 MHz and 921.750–

927.250 MHz sub-bands will obtain a

narrowband assignment at the top of the 902–

928 MHz band for forward link operations, as

follows: 927.250–927.500 MHz for the

921.750–927.250 MHz band; 927.500–

927.750 MHz for the 919.750–921.750 band;

and 927.750–928.000 MHz for the 904.000–

909.750 band.

■ License exclusive multilateration

LMS systems within each Mayor

Trading Area (MTA) 1 and four

additional MTA-like service areas 2 in

the three sub-bands designated above,

and resolve mutually exclusive

applications through competitive

bidding.

■ Grandfather base stations of

multilateration system licensees

authorized as of February 3, 1995 and

constructed and in operation by April 1,

1996.

■ License non-multilateration

systems on a shared basis in the three

sub-bands designated above.

■ Allow multilateration licensees to

commence operations only after

demonstrating interference with Part 15

operations is minimized.

Ordering Clauses

11. Accordingly, It is Ordered that,

pursuant to the authority of Sections

4(i), 302, 303(r), and 332(a)(2) of the

Communications Act of 1934, as

amended, 47 U.S.C. §§ 154(i), 302,

303(r), and 332(a), Parts 2 and 90 of the

Commission’s Rules, 47 CFR Parts 2 and

90, Are Amended as set forth below,

effective on April 24, 1995.

12. The Petition for Rule Making filed

on January 13, 1994 by the American

Radio Relay League Is Denied.

13. For further information

concerning this Report and Order,

contact Thomas S. Dombrowsky, Martin

D. Liebman or John J. Borkowski of the

Wireless Telecommunications Bureau at

(202) 418–0620.

Final Regulatory Flexibility Analysis

Pursuant to Section 603 of Title 5,

United States Code, 5 U.S.C. 603, an

Initial Regulatory Flexibility Analysis

was incorporated in the Notice of

Proposed Rule Making in PR Docket No.

93–61. Written comments on the

proposals in the Notice, including the

Initial Regulatory Flexibility Analysis,

were requested.

Pursuant to Section 604 of Title 5,

United States Code, 5 U.S.C. 604, a

Final Regulatory Flexibility Analysis

was incorporated in the Report and

Order in PR Docket No. 93–61 and is

presented below.

A. Need and Purpose of the Action

The rules adopted herein will

enhance use of the 902–928 MHz band
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations 15251

for location and monitoring systems.

These rules replace the existing interim

rules that govern automatic vehicle

monitoring systems. The new rules

create a more stable environment for

LMS system licensees and provide

much needed flexibility for operators of

such systems.

B. Issues Raised in Response to the

Initial Regulatory Flexibility Analysis

There were no comments submitted

in response to the Initial Regulatory

Flexibility Analysis.

C. Significant Alternatives Considered

and Rejected

All significant alternatives are

discussed in this Report and Order.

List of Subjects

47 CFR Part 2

Allocations, Radio.

47 CFR Part 90

Business and industry, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Amendatory Text

Parts 2 and 90 of Chapter I of Title 47

of the Code of Federal Regulations are

amended as follows:

PART 2—FREQUENCY ALLOCATIONS

AND RADIO TREATY MATTERS;

GENERAL RULES AND REGULATIONS

1. The authority citation for Part 2

continues to read as follows:

Authority: Sec. 4, 302, 303, and 307 of the

Communications Act of 1934, as amended,

47 U.S.C. Sections 154, 154(i), 302, 303,

303(r), and 307, unless otherwise noted.

2. Section 2.106, the Table of

Frequency Allocations, is amended by

revising the entries for 902–928 MHz in

the United States table (Cols. 4 through

7) and by revising United States

footnotes US218 and US275 to read as

follows:

§ 2.106 Table of Frequency Alllocations.

* * * * *

International table United States table FCC use designators

Region 1—allocation MHzRegion 2—allocation MHzRegion 3—allocation MHz

Government Non-Government

Rule part(s) Special-use frequencies Allocation MHz Allocation MHz

(1) (2) (3) (4) (5) (6) (7)

* * * * * * *

* * * .................. * * * * * * 902–928 RADIOLOCATION.

707 US215

US218 US267

US275 G11

G59.

902–928 ..............

707 US215

US218 US267

US275.

Private Land Mobile (90). Amateur (97).915±13 MHz: Industrial, scientific and medical frequency.

* * * * * * *

United States (US) Footnotes

* * * * *

US218 The band 902–928 MHz is

available for Location and Monitoring

Service (LMS) systems subject to not causing

harmful interference to the operation of all

Government stations authorized in these

bands. These systems must tolerate

interference from the operation of industrial,

scientific, and medical (ISM) devices and the

operation of Government stations authorized

in these bands.

* * * * *

US275 The band 902–928 MHz is

allocated on a secondary basis to the amateur

service subject to not causing harmful

interference to the operations of Government

stations authorized in this band or to

Location and Monitoring Service (LMS)

systems. Stations in the Amateur service

must tolerate any interference from the

operations of industrial, scientific, and

medical (ISM) devices, LMS systems, and the

operations of Government stations authorized

in this band. Further, the Amateur Service is

prohibited in those portions of Texas and

New Mexico bounded on the south by

latitude 31°41′ North, on the east by

longitude 104°11′ West, and on the north by

latitude 34°30′ North, and on the west by

longitude 107°30′ West; in addition, outside

this area but within 150 miles of these

boundaries of White Sands Missile Range the

service is restricted to a maximum

transmitter peak envelope power output of 50

watts.

PART 90—PRIVATE LAND MOBILE

RADIO SERVICES

1. The authority citation for Part 90

continues to read as follows:

Authority: Secs. 4, 303, and 332, 48 Stat.

1066, 1082, as amended; 47 U.S.C. 154, 303,

and 332, unless otherwise noted:

2. Section 90.7 is amended by

removing the entry for Automatic

Vehicle Monitoring and adding new

definitions for Basic trading areas,

Forward links, Location and Monitoring

Service (LMS), Major trading areas,

Multilateration LMS System, and Nonmultilateration LMS System in

alphabetical order to read as follows:

§ 90.7 Definitions.

* * * * *

Basic trading areas. Service areas that

are based on the Rand McNally 1992

Commercial Atlas & Marketing Guide,

123rd Edition, at pages 38–39, with the

following additions licensed separately

as BTA-like areas: American Samoa;

Guam, Northern Mariana Islands;

Mayaguez/Aguadilla-Ponce, Puerto

Rico; San Juan, Puerto Rico; and the

United States Virgin Islands. The

Mayaguez/Aguadilla-Ponce BTA-like

service area consists of the following

municipios: Adjuntas, Aguada,

Aguadilla, Anasco, Arroyo, Cabo Rojo,

Coamo, Guanica, Guayama, Guayanilla,

Hormigueros, Isabela, Jayuya, Juana

Diaz, Lajas, Las Marias, Maricao,

Maunabo, Mayaguez, Moca, Patillas,

Penuelas, Ponce, Quebradillas, Rincon,

Sabana Grande, Salinas, San German,

Santa Isabel, Villalba, and Yauco. The

San Juan BTA-like service area consists

of all other municipios in Puerto Rico.

* * * * *

Forward links. Transmissions in the

frequency bands specified in § 90.357(a)

and used to control and interrogate the

mobile units to be located by

multilateration LMS systems.

* * * * *

Location and Monitoring Service

(LMS). The use of non-voice signaling

methods to locate or monitor mobile

radio units. LMS systems may transmit

and receive voice and nonvoice status
15252 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations

and instructional information related to

such units.

* * * * *

Major trading areas. Service areas

based on the Rand McNally 1992

Commercial Atlas & Marketing Guide,

123rd Edition, at pages 38–39, with the

following exceptions and additions:

(a) Alaska is separated from the

Seattle MTA and is licensed separately.

(b) Guam and the Northern Mariana

Islands are licensed as a single MTAlike area.

(c) Puerto Rico and the United States

Virgin Islands are licensed as a single

MTA-like area.

(d) American Samoa is licensed as a

single MTA-like area.

* * * * *

Multilateration LMS System. A system

that is designed to locate vehicles or

other objects by measuring the

difference of time of arrival, or

difference in phase, of signals

transmitted from a unit to a number of

fixed points or from a number of fixed

points to the unit to be located.

* * * * *

Non-multilateration LMS System. A

system that employs any of a number of

non-multilateration technologies to

transmit information to and/or from

vehicular units.

* * * * *

3. Section 90.101 is revised to read as

follows:

§ 90.101 Scope.

The Radiolocation Service

accommodates the use of radio methods

for determination of direction, distance,

speed, or position for purposes other

than navigation. Rules as to eligibility

for licensing, permissible

communications, frequency available,

and any special requirements are set

forth in § 90.103. Provisions for the

Location and Monitoring Service (LMS)

are contained in subpart M of this part.

§ 90.103 [Amended]

4. Section 90.103 is amended by

removing paragraph (d) and by

redesignating existing paragraph (e) as

paragraph (d).

5. Section 90.155 is amended by

revising paragraph (a) and adding new

paragraphs (d) and (e) to read as follows:

§ 90.155 Time in which station must be

placed in operation.

(a) All stations authorized under this

part, except as provided in paragraphs

(b) and (d) of this section and in

§§ 90.629 and 90.631(f), must be placed

in operation within eight (8) months

from the date of grant or the

authorization cancels automatically and

must be returned to the Commission.

* * * * *

(d) Multilateration LMS systems

authorized in accordance with § 90.353

must be constructed and placed in

operation within twelve (12) months

from the date of grant or the

authorization cancels automatically and

must be returned to the Commission.

MTA-licensed multilateration LMS

systems will be considered constructed

and placed in operation if such systems

construct a sufficient number of base

stations that utilize multilateration

technology (see paragraph (e) of this

section) to provide multilateration

location service to a substantial portion

of at least one BTA in the MTA.

(e) A multilateration LMS station will

be considered constructed and placed in

operation if it is built in accordance

with its authorized parameters and is

regularly interacting with one or more

other stations to provide location

service, using multilateration

technology, to one or more mobile units.

Specifically, LMS multilateration

stations will only be considered

constructed and placed in operation if

they are part of a system that can

interrogate a mobile, receive the

response at 3 or more sites, compute the

location from the time of arrival of the

responses and transmit the location

either back to the mobile or to a

subscriber’s fixed site.

6. Section 90.179 is amended by

revising paragraph (f) to read as follows:

§ 90.179 Shared use of radio stations.

* * * * *

(f) Above 800 MHz, shared use on a

for-profit private carrier basis is

permitted only by SMR, Private Carrier

Paging, and LMS licensees. See subparts

M, P, and S of this part.

* * * * *

7. Section 90.203 is amended by

adding new paragraph (b)(7) to read as

follows:

§ 90.203 Type acceptance required.

* * * * *

(b) * * *

(7) Transmitters imported and

marketed prior to April 1, 1996 for use

by LMS systems.

* * * * *

8. Section 90.205(b) is amended by

revising the second column heading, by

adding entries for 902 to 927.25 and

927.25 to 928 MHz bands to the table in

numerical order, and by adding footnote

13 to read as follows:

§ 90.205 Power.

* * * * *

(b) * * *

Frequency range

(megahertz)

Maximum

output

power

(watts)

Maximum effective

radiated

power

(watts)

* * * * *

902 to 927.25 ................ ............. 13 30

927.25 to 928 ................ ............. 300

* * * * *

* * * * *

13Effective radiated power shall be measured as peak envelope power.

* * * * *

§ 90.207 [Amended]

9. Paragraph (g) of Section 90.207 is

removed and reserved.

10. Section 90.209 is amended by

adding new paragraphs (b)(10) and (m)

to read as follows:

§ 90.209 Bandwidth limitations.

* * * * *

(b) * * *

(10) The maximum authorized

bandwidth shall be 12 MHz for nonmultilateration LMS operations in the

band 909.75–921.75 MHz and 2 MHz in

the band 902.00–904.00 MHz. The

maximum authorized bandwidth for

multilateration LMS operations shall be

5.75 MHz in the 904.00–909.75 MHz

band; 2 MHz in the 919.75–921.75 MHz

band; 5.75 MHz in the 921.75–927.25

MHz band and its associated 927.25–

927.50 MHz narrowband forward link;

and 8.00 MHz if the 919.75–921.75 MHz

and 921.75–927.25 MHz bands and their

associated 927.25–927.50 MHz and

927.50–927.75 MHz narrowband

forward links are aggregated.

* * * * *

(m) For transmitters authorized under

Subpart M of this part that operate in

the 902–928 MHz bank, the peak power

of any emission shall be attenuated

below the power of the highest emission

contained within the licensee’s LMS

sub-band in accordance with the

following schedule:

(1) On any frequency within the

authorized bandwidth: Zero dB.

(2) On any frequency outside the

licensee’s LMS sub-band edges (as

identified in paragraph (m)(5) of this

section): 55 + 10 log(P) dB where (P) is

the highest emission (watts) of the

transmitter inside the licensee’s LMS

sub-band.

(3) The resolution bandwidth of the

instrumentation used to measure the

emission power shall be 100 kHz. If a

video filter is used, its bandwidth shall

not be less than the resolution

bandwidth.

(4) Emission power (P) shall be

measured in peak values.
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations 15253

(5) The LMS sub-band edges for

multilateration systems for which

emissions must be attenuated are

904.00, 909.75, 919.75, 921.75, 927.50,

927.75 and 928.00 MHz. If the 919.75–

921.75 and 921.75–972.25 MHz subbands are aggregated by a single

licensee, the emission mask limitations

at the band edges at 921.75 and 927.50

MHz may be ignored. The LMS subbank edges for non-multilateration

systems for which emissions must be

attenuated are 902.00,904.00, 909.75

and 921.75 MHz.

11. Section 90.213(a) is amended by

adding an entry for the 902 to 928 MHz

band to the table in numerical order to

read as follows:

§ 90.213 Frequency tolerance.

(a) * * *

FREQUENCY TOLERANCE

Frequency

range

Fixed and base

stations

Mobile stations

Over

200W

output

power

200W

or less

output

power

Over

2W

output

power

2W or

less

output

power

* * * * *

902 to

928 .. .00025 .00025 .00025 .00025

* * * * *

* * * * *

§ 90.239 [Removed and Reserved].

12. Section 90.239 is removed and

reserved.

13. Subpart M is added to Part 90 to

read as follows:

Subpart M—Transportation Infrastructure

Radio Service

Sec.

90.350 Scope.

90.351 Location and Monitoring Service.

90.353 LMS operations in the 902–928 MHz

band.

90.355 LMS operations below 512 MHz.

90.357 Frequencies for LMS systems in the

902–928 MHz band.

90.359 Field strength limits for MTAlicensed LMS systems.

90.361 Interference from part 15 and

Amateur operations.

90.363 Grandfathering provisions for

existing AVM Licensees.

Subpart M—Transportation

Infrastructure Radio Service

§ 90.350 Scope.

The Transportation Infrastructure

Radio Service is for the purpose of

integrating radio-based technologies

into the nation’s transportation

infrastructure and to develop and

implement the nation’s intelligent

transportation systems. It includes the

Location and Monitoring Service (LMS).

Rules as to eligibility for licensing,

frequencies available, and any special

requirements for services in the

Transportation Infrastructure Radio

Service are set forth in this Subpart.

§ 90.351 Location and Monitoring Service.

These provisions authorize the

licensing of systems in the Location and

Monitoring Service (LMS). LMS systems

utilize non-voice radio techniques to

determine the location and status of

mobile radio units. LMS licensees

authorized to operate a system in the

902–928 MHz band may serve

individuals, federal government

agencies, and entities eligible for

licensing in this part 90.

(a) Each application to license an LMS

system shall include the following

supplemental information:

(1) A detailed description of the

manner in which the system will

operate, including a map or diagram.

(2) The necessary or occupied

bandwidth of emission, whichever is

greater.

(3) The data transmission

characteristics as follows:

(i) The vehicle location update rates;

(ii) Specific transmitter modulation

techniques used;

(iii) For codes and timing scheme: A

table of bit sequences and their

alphanumeric or indicator equivalents,

and a statement of bit rise time, bit

transmission rates, bit duration, and

interval between bits;

(iv) A statement of amplitude-versustime of the interrogation and reply

formats, and an example of a typical

message transmission and any

synchronizing pulses utilized.

(4) A plan to show the

implementation schedule during the

initial license term.

(b) LMS stations are exempted from

the identification requirements of

§ 90.425; however, the Commission may

impose automatic station identification

requirements when determined to be

necessary for monitoring and

enforcement purposes.

§ 90.353 LMS operations in the 902–928

MHz band.

LMS systems may be authorized

within the 902–928 MHz band, subject

to the conditions in this section. LMS

licensees are required to maintain

whatever records are necessary to

demonstrate compliance with these

provisions and must make these records

available to the Commission upon

request:

(a) LMS operations will not cause

interference to and must tolerate

interference from industrial, scientific,

and medical (ISM) devices and

radiolocation Government stations that

operate in the 902–928 MHz band.

(b) LMS systems are authorized to

transmit status and instructional

messages, either voice or non-voice, so

long as they are related to the location

or monitoring functions of the system.

(c) LMS systems may utilize store and

forward interconnection, where either

transmissions from a vehicle or object

being monitored are stored by the LMS

provider for later transmission over the

public switched network (PSN), or

transmissions received by the LMS

provider from the PSN are stored for

later transmission to the vehicle or

object being monitored. Real-time

interconnection between vehicles or

objects being monitored and the PSN

will only be permitted to enable

emergency communications related to a

vehicle or a passenger in a vehicle. Such

real-time, interconnected

communications may only be sent to or

received from a system dispatch point

or entities eligible in the Public Safety

or Special Emergency Radio Services.

See subparts B and C of this part.

(d) Multilateration LMS systems will

be authorized on a primary basis within

the bands 904–909.75 MHz and 921.75–

927.25 MHz. Additionally,

multilateration and non-multilateration

systems will share the 919.75–921.75

MHz band on a co-equal basis.

Licensing will be on the basis of Major

Trading Area (MTA) service areas for

multilateration systems, with one

exclusive MTA license being issued for

each of these three sub-bands. Except as

provided in paragraph (f) of this section,

multilateration MTA licensees may be

authorized to operate on only one of the

three multilateration bands within a

given MTA. Additionally, MTA

multilateration LMS licenses will be

conditioned upon the licensee’s ability

to demonstrate through actual field tests

that their systems do not cause

unacceptable levels of interference to 47

CFR part 15 devices.

(e) Multilateration MTA-licensed

systems and grandfathered AVM

systems (see § 90.363) are authorized on

a shared basis and must cooperate in the

selection and use of frequencies in

accordance with § 90.173(b).

(f) Multilateration MTA licensees may

be authorized to operate on both the

919.75–921.75 MHz and 921.75–927.25

MHz bands within a given MTA (see

§ 90.209(b)(10)).

(g) Multilateration LMS systems

whose primary operations involve the

provision of vehicle location services,

may provide non-vehicular location

services.
15254 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations

(h) Non-multilateration stations are

authorized to operate on a shared, nonexclusive basis in the 902–904 MHz and

909.75–921.75 MHz sub-bands. Nonmultilateration systems and

multilateration systems will share the

919.75–921.75 MHz band on a co-equal

basis. Non-multilateration LMS systems

may not provide non-vehicular location

services. The maximum antenna height

above ground for non-multilateration

LMS systems is 15 meters.

§ 90.355 LMS operations below 512 MHz.

Applications requiring not more than

25 kHz bandwidth per frequency in the

25–50 MHz, 150–170 MHz, and 450–512

MHz bands may use either base-mobile

frequencies currently assigned the

applicant, or be assigned base-mobile

frequencies available in the service in

which eligibility has been established,

provided that:

(a) For transmission between vehicles

and base stations, each frequency in a

single-frequency mode of operation will

provide location data for approximately

200 vehicles, or both frequencies in a

two-frequency mode of operation will

provide location data for approximately

400 vehicles, except that for frequencies

in the 450–512 MHz band that are

assigned in pairs in accordance with the

allocation plan for the band, the

requirement is that location data be

provided for approximately 200 vehicles

for each frequency pair; and a showing

is made that 50 percent of the vehicles

will be in operation within the system

by the end of the second year of the

initial license term, and 70 percent will

be in operation within the system by the

end of the initial license term; except

that if these vehicle loading standards

will not be met, frequencies will be

assigned only on a secondary noninterference basis to any authorized

radiotelephony operation.

(b) The minimum separation between

a proposed LMS station and the nearest

co-channel base station of another

licensee operating a voice system is 75

miles (120 km) for a single frequency

mode of operation or 35 miles (56 km)

for a two-frequency mode of operation.

Where the minimum mileage separation

cannot be achieved, agreement to the

use of F1D, F2D, G1D, G2D or P0N

emission must be received from all

existing co-channel licensees using

voice emissions within the applicable

mileage limits. If there is interference

with voice operations and required

agreement was not received, or

operation was authorized on a

secondary non-interference basis, the

licensee of the LMS system is

responsible for eliminating the

interference.

(c) Frequencies additional to any

assigned under paragraph (a) of this

section will not be assigned to the same

licensee at any stations located within

64 km (40 miles) of any station in which

the licensee holds an interest until each

of such licensee’s frequencies for LMS

operation is shown to accommodate not

less than 90 percent of the frequency

loading requirements specified in

paragraph (a) of this section.

§ 90.357 Frequencies for LMS systems in

the 902–928 MHz band.

(a) Multilateration LMS systems will

be authorized on the following LMS

sub-bands:

LMS Sub-band Forward Link 1

904.000–909.750

MHz.

927.750–928.000

MHz.

919.750–921.750

MHz 2.

927.500–927.750

MHz.

921.750–927.250

MHz.

927.250–927.500

MHz.

1Forward links for LMS systems may also

be contained within the LMS sub-band. However, the maximum allowable power in these

sub-bands is 30 watts ERP in accordance with

Section 90.205(b). 2The frequency band 919.750–921.750

MHz is shared co-equally between

multilateration and non-multilateration LMS

systems.

(b) Non-multilateration LMS systems

will be authorized on the following

frequency bands:

LMS Sub-band 1

902.000–904.000 MHz

909.750–921.750 MHz 1Applicants for non-multilateration LMS

systems should request only the minimum

amount of bandwidth necessary to meet their

operational needs.

§ 90.359 Field strength limits for MTAlicensed LMS systems.

MTA-licensed multilateration systems

shall limit the field strength of signals

transmitted from their base stations to

47 dBuV/m at their MTA boundary.

§ 90.361 Interference from part 15 and

Amateur operations.

Operations authorized under parts 15

and 97 of this chapter may not cause

harmful interference to LMS systems in

the 902–928 MHz band. These

operations will not be considered to be

causing harmful interference to a

multilateration LMS system operating in

one of the three MTA sub-bands (see

§ 90.357(a)) if they operate in

accordance with the provisions of parts

15 or 97 of this chapter and at least one

of the following conditions are met:

(a) It is a field disturbance sensor

operating under § 15.245 of this chapter

and it is not operating in the 904–

909.750 or 919.750–928.000 MHz subbands; or

(b) It does not employ an outdoor

antenna; or

(c) If it does employ an outdoor

antenna, then if:

(1) The directional gain of the antenna

does not exceed 6 dBi, or if the

directional gain of the antenna exceeds

6 dBi, it reduces its transmitter output

power below 1 watt by the proportional

amount that the directional gain of the

antenna exceeds 6 dBi; and

(2) Either:

(i) The antenna is 5 meters or less in

height above ground; or

(ii) The antenna is more than 5 meters

in height above ground but less than or

equal to 15 meters in height above

ground and either:

(A) Adjusts its transmitter output

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

where h is the height above ground of

the antenna in meters; or

(B) Is providing the final link for

communications of entities eligible

under subpart B or C of this part 90.

§ 90.363 Grandfathering provisions for

existing AVM Licensees.

(a) These provisions authorize

grandfathered operation by automatic

vehicle monitoring (AVM) systems

licensed on or before February 3, 1995.

To attain grandfathered status for their

stations, existing multilateration AVM

licensees must file, on or before May 22,

1995, applications to modify their

station licenses to comply with the band

plan shown in § 90.357(a). These

applications to modify must identify the

multilateration sub-band or sub-bands

in which the applicants intend to

operate their LMS system stations, once

their applications to modify have been

authorized. The application to modify a

license to comply with the band plan

shown in § 90.357(a) may also include

a modification to specify an alternate

site, so long as the alternate site is 2

kilometers or less from the site specified

in the original license.

(b) When existing multilateration

AVM licensees file applications to

modify, as specified in paragraph (a) of

this section, they must certify that

either:

(1) The stations that compose their

AVM system were constructed and

placed in operation in accordance with

§ 90.155(e) on or before February 3,

1995; or

(2) The stations were not constructed

and placed in operation in accordance

with § 90.155(e) on or before February 3,

1995.

(c) Multilateration AVM systems that

were constructed and placed in

operation on or before February 3, 1995
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations 15255

will be given until April 1, 1998 to

convert to the spectrum identified in

their LMS system license. Such

licensees may continue to operate their

systems during this period. Licensees of

multilateration AVM constructed and

operational systems that do not file

applications to modify on or before May

22, 1995, will be permitted to continue

operations under the provisions of

former Section 90.239 until April 1,

1998 or the end of their original license

term, whichever occurs first, at which

time such licenses will cancel

automatically and will not be renewed.

(d) Multilateration AVM licensees for

stations that were not constructed and

placed in operation on or before

February 3, 1995 must construct their

LMS systems and place them in

operation on the spectrum identified in

their LMS system license on or before

April 1, 1996, or their licenses will

cancel automatically (see § 90.155(e)).

Also, these licenses will cancel

automatically on May 22, 1995 unless

timely modification applications are

filed on or before this date (see

paragraph (a) of this section).

(e) Non-multilateration systems

licensed in spectrum other than the

902.00–904.00 and 909.75–921.75 MHz

bands must modify their licenses by

April 1, 1998 to specify operation solely

in the bands provided in § 90.357(b) for

non-multilateration systems and to

operate their systems consistently with

the provisions of § 90.353.

[FR Doc. 95–5785 Filed 3–22–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 90–44; RM–7123 and RM–

7367]

Radio Broadcasting Services; East Los

Angeles, Long Beach, and Frazier

Park, California

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission grants the

rule making petition (RM–7123) of

Spanish Broadcasting System of Florida,

Inc., licensee of Station KLAX-FM,

Channel 250B, Long Beach, California,

requesting a reallotment of its Class B

channel in Long Beach to the

community of East Los Angeles,

California. See Notice of Proposed Rule

Making, 55 FR 6808, published

February 27, 1990. The Commission

dismisses the counterproposal (RM–

7367) of Richard A. Cramer, to allot

Channel 251A to Frazier Park, California

as its first local service.

EFFECTIVE DATE: May 1, 1995.

FOR FURTHER INFORMATION CONTACT: J.

Bertron Withers, Jr., Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: The

Commission ordered modification of the

license of Station KLAX-FM, Long

Beach, to specify East Los Angeles as

the new community of license. Channel

250B can be allotted to East Los Angeles

in compliance with the Commission’s

requirements for minimum interstation

distance separations with a site

restricted to 18.9 kilometers (11.7 miles)

east of East Los Angeles, located at

coordinates North Latitude 34–02–45

and West Longitude 118–21–20.

Because East Los Angeles is within 320

kilometers (199 miles) of the Mexican

border, concurrence of the Mexican

government in this proposal was

obtained. With this action, the

proceeding is terminated.

This is a summary of the

Commission’s Report and Order, MM

Docket No. 90–44, adopted March 7,

1995 and released March 17, 1995. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Dockets Branch (Room 239), 1919

M Street, NW, Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Services, (202) 857–3800,

2100 M Street, NW, Suite 140,

Washington, DC 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

PART 73—[AMENDED]

1. The authority citation for Part 73

reads as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under California, is

amended by removing Channel 250B at

Long Beach and adding Channel 250B at

East Los Angeles.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–7124 Filed 3–22–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 90–522; RM–7493, RM–

7499]

Radio Broadcasting Services;

LaCrosse, Florida and Douglas,

Georgia

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

258A to LaCrosse, Florida, as that

community’s first local aural

transmission service, at the request of

Robert E. Wideman (RM–7499), and

denies the substitution of Channel 258C

for Channel 258C1 at Douglas, Georgia

at the request of WDMG, Inc., (RM–

7493). In doing so, this document sets

aside the Report and Order in this

proceeding, upgrading Station

WDMG(FM), Douglas, Georgia to

Channel 258C. See 58 FR 7194,

February 5, 1993. Channel 258A can be

allotted to LaCrosse in compliance with

the Commission’s minimum distance

separation requirements with a site

restriction of 13.1 kilometers (8.2 miles)

southeast, in order to avoid a shortspacing to Station WDMG(FM), Channel

258C1, Douglas, Georgia, and Station

WQIK(FM), Channel 256C, Jacksonville,

Florida, at coordinates North Latitude

29–44–38 and West Longitude 82–19–

52. This document also reopens the

filing window for Channel 258A at

LaCrosse, Florida, which was stayed by

a previous Order. See 58 FR 16780,

March 31, 1993. With this action, this

proceeding is terminated.

DATES: Effective May 1, 1995. The

window period for filing applications

for Channel 258A at LaCrosse, Florida,

will be open on May 1, 1995, and close

on June 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Nancy J. Walls, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order, MM

Docket No. 90–522, adopted March 9,

1995, and released March 17, 1995. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, NW, Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Service, Inc., (202) 857–

3800, 1919 M Street, NW, Room 246, or

2100 M Street, NW, Suite 140,

Washington, D. C. 20037.