[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32710-32711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16105]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 95

[WT Docket No. 95-47; FCC 96-224]


Permitting Mobile Operation in the Interactive Video and Data 
Service (IVDS)

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission has amended its rules to permit IVDS licensees 
to provide mobile service to subscribers. This action authorizes mobile 
operation of response transmitter units (subscriber units) operated 
with an effective radiated power of 100 milliwatts or less. The 
Commission also eliminated the IVDS ``duty cycle'' requirement for 
operations outside of TV channel 13 Grade B contours. The Commission 
found that these amendments would provide additional flexibility for 
IVDS licensees to meet the communications needs of the public without 
increasing the likelihood of interference.

EFFECTIVE DATE: July 25, 1996.

FOR FURTHER INFORMATION CONTACT: Eric Malinen, Wireless 
Telecommunications Bureau, telephone (202) 418-0638, e-mail at 
<a href="/cdn-cgi/l/email-protection#f99c94989590979c97b99f9a9ad79e968f"><span class="__cf_email__" data-cfemail="d0b5bdb1bcb9beb5be90b6b3b3feb7bfa6">[email protected]</span></a>

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, adopted May 16, 1996, and released May 30, 1996. The full 
text of this Commission action, including the rule amendments and Final 
Regulatory Flexibility Analysis, is available for inspection and 
copying during normal business hours in the FCC Reference Center, Room 
239, 1919 M Street, N.W., Washington, D.C. The full text of this Report 
and Order may also be purchased from the Commission's copy contractor, 
International Transcription Services, Inc., 2100 M Street, N.W., Suite 
140, Washington, D. C. 20037, telephone (202) 857-3800. Last, the full 
text may be obtained from the FCC's internet World Wide Web home page, 
http://www.fcc.gov

Summary of Report and Order

    1. On April 13, 1995, the Commission adopted a Notice of Proposed 
Rule Making, 60 FR 25193 (May 11, 1995), proposing, inter alia, to 
allow IVDS licensees to provide mobile service to subscribers on an 
ancillary basis. By this Report and Order, and in light of the 
development of the industry and the views of a majority of the 
commenters, the Commission amends Part 95 of the rules to authorize 
fully mobile operation in addition to fixed operation for IVDS response 
transmitter units (RTUs) operated with an effective radiated power of 
100 milliwatts or less. This action will enable licensees to respond 
more accurately to the public's preferred choices of interactive 
services and to offer a broader array of services.
    2. Recognizing that allowing mobile operations increases the 
interference potential with respect to the operations of licensees in 
other services, the Commission concludes that the lower power limit of 
100-milliwatts is appropriate. The limit applies even to mobile RTUs 
located both within the IVDS licensee's service area and outside a TV 
channel 13 predicted Grade B contour. In addition, as suggested by 
commenters, this 100-milliwatt limit is specified in terms of mean 
power. The Commission also concludes that no change to the power limit 
for fixed operations is necessary.
    3. Given the development of IVDS and the Commission's current 
reexamination of the parameters of the duty cycle rule, the Commission 
also eliminates the duty cycle requirement for both fixed and mobile 
operations in IVDS service areas where no TV channel 13 predicted Grade 
B contour overlap exists. In such areas, TV channel 13 operations have 
no expectation to protection from interference. The Commission also 
eliminates the duty cycle in areas where there is overlap, for fixed 
RTUs located within the IVDS licensee's service area, but outside the 
TV channel 13 predicted Grade B contour. In such areas, the 
interference potential is minimal, rendering the duty cycle restriction 
unnecessary. The duty cycle requirement is retained for mobile RTUs 
located within the IVDS licensee's service area, but outside the TV 
channel 13 predicted Grade B contour.
    4. The Commission also adopts its proposal to allow indirect RTU-
to-RTU operations, but will continue to prohibit direct RTU-to-RTU 
operations. Protecting TV channel 13 from interference is a primary 
concern in regulating IVDS, and direct RTU-to-RTU operation would 
increase the potential for such interference. Further, the Commission 
eliminates the requirement that RTUs operating at 100 milliwatts or 
less incorporate automatic power control. Finally, the Commission 
permits direct CTS-to-CTS communications (fixed point-to-point 
communications) on a primary basis, finding that such fixed operation 
can be designed to eliminate potential interference to TV channel 13 
operations and does not present the interference potential presented by 
direct RTU-to-RTU operations.
    5. The Commission declines to permit IVDS interconnection with the 
public switched network. This determination is consistent with 
retaining IVDS as a private, although newly mobile, radio service.
    6. The amended rules are set forth below, effective July 25, 1996.
    7. This Report and Order and the rule amendments are issued under 
the authority contained in 47 U.S.C. Secs. 154(i), 303 (b), and 303 
(r).

List of Subjects in 47 CFR Part 95

    Communications equipment, Interactive Video and Data Service 
(IVDS), Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Changes

    Part 95 of Chapter I of Title 47 of the Code of Federal Regulations 
is amended as follows:

PART 95--PERSONAL RADIO SERVICES

    1. The authority citation for Part 95 continues to read as follows:

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


[[Page 32711]]


    2. Section 95.803 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 95.803   IVDS description.

    (a) An IVDS system is a point-to-multipoint, multipoint-to-point, 
short distance communications service for its licensees to provide 
information, products, or services to, and allow interactive responses 
from, subscribers in the licensee's service area.
    (b) The components of each IVDS system are its administrative 
apparatus, its response transmitter units (RTUs), and one or more cell 
transmitter stations (CTSs). RTUs may be used in any location within 
the service area. Each IVDS system is authorized for a specific service 
area and frequency segment. There can be a maximum of two IVDS systems 
per service area. There are two frequency segments available for each 
service area.
* * * * *
    3. Section 95.805 is amended by revising paragraphs (b), (c) and 
(e) to read as follows:


Sec. 95.805   Permissible communications.

* * * * *
    (b) Direct CTS-to-CTS communications within the same IVDS system 
are permitted.
    (c) Direct RTU-to-RTU communications are prohibited. No mobile RTU 
in an IVDS system may be interconnected with the public switched 
network or any commercial mobile radio service.
* * * * *
    (e) An IVDS system may provide fixed and mobile service to 
subscribers within its service area.
* * * * *
    4. Section 95.855 is amended by revising paragraph (a) to read as 
follows:


Sec. 95.855   Transmitter effective radiated power limitation.

    (a) The effective radiated power (ERP) of each CTS and RTU shall be 
limited to the minimum necessary for successful communications. RTUs 
with powers in excess of 100 milliwatts must incorporate automatic 
power control to ensure the minimum ERP is used. No CTS may transmit 
with an ERP exceeding 20 watts. No fixed RTU may transmit with an ERP 
exceeding 20 watts. No mobile RTU may transmit with an ERP exceeding 
100 milliwatts mean power.
* * * * *
    5. Section 95.863 is revised to read as follows:


Sec. 95.863   Duty cycle.

    (a) Except as provided in paragraph (b) of this section, the 
maximum duty cycle of each RTU, either fixed or mobile, shall not 
exceed 5 seconds-per-hour, or, alternatively, not exceed one percent 
within any 100 millisecond interval.
    (b) The duty cycle limitation specified above for RTUs does not 
apply in the following situations:
    (1) To fixed and mobile RTUs when there is no TV channel 13 
predicted Grade B contour overlap in the licensed service area; or
    (2) To fixed RTUs in areas where there is Grade B contour overlap 
and the RTU is located outside the TV channel 13 predicted Grade B 
contour but within the licensed service area.

[FR Doc. 96-16105 Filed 6-24-96; 8:45 am]
BILLING CODE 6712-01-P

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