[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Rules and Regulations]
[Pages 60631-60633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24309]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 06-142; FCC 08-186]


Amendment of Section 90.20(e)(6) of the Commission's Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document addresses proposed revisions to the Commission's 
rules and policies regarding stolen vehicle recovery systems (SVRS) and 
the use of frequency 173.075 MHz. The Commission takes these actions in 
response to a petition for rulemaking filed by LoJack Corporation 
(LoJack), in which LoJack sought to modify the Commission's rules to 
accommodate its future narrowband operations on frequency 173.075 MHz, 
to improve the recovery services its products provide, and to permit 
other services in addition to SVRS. The Report and Order furthers the 
public interest by promoting flexibility and allowing SVRS licensees to 
operate with some relaxed restrictions while ensuring the continued 
interference protection of incumbent users.

DATES: Effective November 13, 2008.

FOR FURTHER INFORMATION CONTACT: Thomas Eng, Policy Division, Public 
Safety and Homeland Bureau, Federal Communications Commission, 
Washington, DC 20554, at (202) 418-0019, TTY (202) 418-7233, via e-mail 
at <a href="/cdn-cgi/l/email-protection#88dce0e7e5e9fba6cde6efc8eeebeba6efe7fe"><span class="__cf_email__" data-cfemail="04506c6b6965772a416a63446267672a636b72">[email protected]</span></a>, or via U.S. Mail at Federal Communications 
Commission, Wireless Telecommunications Bureau, 445 12th Street, SW., 
Washington, DC 20554.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in WT Docket No. 06-142, adopted on August 12, 2008 and 
released on August 13, 2008. The complete text of this document is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Portals II, 445 12th Street, SW., 
Room CY-A257, Washington, DC 20554. This document may also be purchased 
from the Commission's duplicating contractor, Best Copy and Printing, 
Inc., in person at 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, via telephone at (202) 488-5300, via facsimile at (202) 488-
5563, or via e-mail at <a href="/cdn-cgi/l/email-protection#80c6c3c3c0c2c3d0c9d7c5c2aee3efed"><span class="__cf_email__" data-cfemail="33757070737170637a6476711d505c5e">[email protected]</span></a>. Alternative formats (computer 
diskette, large print, audio cassette, and Braille) are available to 
persons with disabilities or by sending an e-mail to <a href="/cdn-cgi/l/email-protection#98dedbdbada8acd8fefbfbb6fff7ee"><span class="__cf_email__" data-cfemail="81c7c2c2b4b1b5c1e7e2e2afe6eef7">[email protected]</span></a> or 
calling the Consumer and Governmental Affairs Bureau at (202) 418-0530, 
TTY (202) 418-0432. This document is also available on the Commission's 
Web site at http://www.fcc.gov.
    1. The major decisions in the Report and Order are as follows:
    <bullet> Increases the effective radiated power (ERP) limit for 
narrowband (12.5 kHz bandwidth or less) base stations from 300 watts to 
500 watts.
    <bullet> Increases the power output limit for narrowband (12.5 kHz 
bandwidth or less) mobile transceivers from 2.5 watts to five watts.
    <bullet> Modifies the duty cycle for base stations from one second 
every minute to five seconds every minute.
    <bullet> Increases the tracking duty cycle for mobile transceivers 
from 200 milliseconds every ten seconds to 400 milliseconds every ten 
seconds and, correspondingly, increases the tracking duty cycle for 
mobile transceivers that are being tracked actively from 200 
milliseconds every second to 400 milliseconds every second.
    <bullet> Increases the uplink duty cycle for mobile transceivers 
from 1800 milliseconds every 300 seconds to 7200 milliseconds every 300 
seconds.
    <bullet> Retains the requirement for TV Channel 7 interference 
studies and requires that the studies be served upon affected TV 
Channel 7 stations.
    <bullet> Permits the licensing of mobile transceivers by rule.
    <bullet> Expands the scope of Sec.  90.20(e)(6) to permit the 
tracking and recovery of lost and stolen cargo and hazardous materials, 
missing or wanted persons, and individuals at risk or of interest to 
law enforcement when established boundaries are violated. Also permits 
mobile transceivers to transmit automatic collision notifications, 
vehicle fire notifications, and carjacking alerts.
    <bullet> Relaxes the limitation on emissions to permit flexibility 
in modulation as well as analog and digital signals.

[[Page 60632]]

Procedural Matters

A. Final Regulatory Flexibility Act Analysis

    2. As required by section 603 of the Regulatory Flexibility Act 
(RFA), 5 U.S.C. 604, the Commission has prepared a Final Regulatory 
Flexibility Analysis of the possible impact of the rule changes 
contained in this Report and Order on small entities. The Final 
Regulatory Flexibility Act analysis is set forth in Appendix C of the 
Report and Order. The Commission's Consumer Information Bureau, 
Reference Information Center, will send a copy of this Report and 
Order, including the Final Regulatory Flexibility Act Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

B. Final Paperwork Reduction Act of 1995 Analysis

    3. This document contains a modified information collection 
requirement subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It will be submitted to the Office of Management and 
Budget (OMB) for review under section 3507 of the PRA. Prior to 
submission to OMB, the Commission will publish a notice in the Federal 
Register seeking public comment on the modified information collection 
requirement. In addition, that notice will also seek comment on how the 
Commission might ``further reduce the information collection burden for 
small business concerns with fewer than 25 employees'' pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4). The modified information collection contained in 
this order will not go into effect until OMB approves the collection. 
The Commission will publish a notice in the Federal Register announcing 
the effective date of the modified information collection.

C. Congressional Review Act Analysis

    4. The Commission will send a copy of this Report and Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    5. Accordingly, pursuant to sections 1, 2, 4(i), 301, 302, and 303 
of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 
154(i), 301, 302, 303, and Sec. Sec.  1.421 and 1.425 of the 
Commission's rules, 47 CFR 1.421, 1.425, it is ordered that the Report 
and Order is hereby adopted.
    6. It is further ordered that Part 90 of the Commission's Rules IS 
amended as set forth in Appendix B of the Report and Order, and that 
these Rules shall be effective November 13, 2008.
    7. It is further ordered that the Commission's Consumer Information 
Bureau, Reference Information Center, shall send a copy of this Report 
and Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the U.S. Small Business Administration.

List of Subjects in 47 CFR Part 90

    Common carriers; communications equipment; radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR Part 90 as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
1. The authority citation for Part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r) and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r) and 332(c)(7).


0
2. Section 90.20 is amended by revising paragraph (e)(6) to read as 
follows:


Sec.  90.20  Public Safety Pool.

* * * * *
    (e) * * *
    (6) The frequency 173.075 MHz is available for stolen vehicle 
recovery systems on a shared basis with Federal stations in the fixed 
and mobile services.
    (i) Stolen vehicle recovery systems are limited to tracking and 
recovering vehicles, cargo, and hazardous materials that have been 
reported stolen or missing; missing or wanted persons; and individuals 
at risk, or individuals of interest to law enforcement, only when 
established boundaries are violated. Stolen vehicle recovery systems 
are not authorized for general purpose tracking or monitoring. Mobile 
units may also transmit automatic collision notifications, vehicle fire 
notifications, and carjacking alerts.
    (ii) Any type of emission may be used within a maximum authorized 
bandwidth of 12.5 kHz, except that stations that operate as part of a 
stolen vehicle recovery system that was authorized and in operation 
prior to May 27, 2005 may operate with a maximum authorized bandwidth 
of 20 kHz until May 27, 2019. For a complete listing of emission 
symbols allowable under this part, see Sec.  2.201 of this chapter.
    (iii) Mobile transmitters operating on this frequency with 
emissions authorized in a maximum bandwidth of 12.5 kHz are limited to 
5.0 watts power output. Mobile transmitters operating on this frequency 
with emissions authorized in a maximum bandwidth of 20 kHz are limited 
to 2.5 watts power output.
    (iv) Base station transmitters operating on this frequency with 
emissions authorized in a maximum bandwidth of 12.5 kHz are limited to 
300 watts ERP before February 18, 2009, and 500 watts ERP thereafter. 
Base station transmitters operating on this frequency with emissions 
authorized in a maximum bandwidth of 20 kHz are limited to 300 watts 
ERP.
    (v) Transmissions from mobiles shall be limited to 400 milliseconds 
for every 10 seconds, except when a vehicle is being tracked actively 
transmissions are limited to 400 milliseconds for every second. 
Alternatively, transmissions from mobiles shall be limited to 7200 
milliseconds for every 300 seconds with a maximum of six such messages 
in any 30 minute period.
    (vi) Transmissions from base stations shall be limited to a total 
rate of five seconds every minute.
    (vii) Any entity eligible to hold authorizations in the Public 
Safety Pool in accordance with Sec. Sec.  90.20(a) and 90.111 of this 
chapter is authorized by this rule to operate mobile transmitters on 
this frequency. No license will be issued for mobile transmitters.
    (viii) Applications for base stations operating on this frequency 
shall require coordination with the Federal Government. Applicants 
shall perform an analysis for each base station that is located within 
169 km (105 miles) of a TV Channel 7 transmitter of potential 
interference to TV Channel 7 viewers. Applicants shall serve a copy of 
the analysis to the licensee of the affected TV Channel 7 transmitter 
upon filing the application with the Commission. Such base stations 
will be authorized if the applicant has limited the interference 
contour to include fewer than 100 residences or if the applicant:
    (A) Shows that the proposed site is the only suitable location 
(which, at the application stage, requires a showing that the proposed 
site is especially well-suited to provide the proposed service);
    (B) Develops a plan to control any interference caused to TV 
reception from operations; and

[[Page 60633]]

    (C) Agrees to make such adjustments in the TV receivers affected as 
may be necessary to eliminate interference caused by its operations.
    (ix) The licensee must eliminate any interference caused by its 
operation to TV Channel 7 reception within 30 days after notification 
in writing by the Commission. If this interference is not removed 
within this 30-day period, operation of the base station must be 
discontinued. The licensee is expected to help resolve all complaints 
of interference.

 [FR Doc. E8-24309 Filed 10-10-08; 8:45 am]
BILLING CODE 6712-01-P


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