Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations 60631 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[FCC 08–222; MM Docket No. 01–33; RM– 

10060] 

Radio Broadcasting Services; Caro 

and Cass City, MI 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; denial of application 

for review. 

SUMMARY: The Commission denied an 

application for review filed by Edward 

Czelada of a Report and Order in this 

proceeding. The Report and Order 

upgraded the class of Station WIDL from 

Channel 221A to 221C3, reallotted 

Channel 221C3 from Caro to Cass City, 

Michigan, and denied Czelada’s 

counterproposal to allot Channel 218C3 

at Ubly, Michigan and Channel 297C3 at 

Cass City, Michigan. The Commission 

determined that the counterproposal 

was defective because it requested a 

channel allotment in the 

noncommercial educational reserved 

band, which is prohibited under the 

Commission’s rules. See SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Victoria M. McCauley, Media Bureau, 

(202) 418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s 

Memorandum Opinion and Order, MM 

Docket No. 01–33, adopted September 

24, 2008, and released September 26, 

2008. The Commission denied an 

application for review filed by Edward 

Czelada of a Report and Order in this 

proceeding. See 66 FR 29237 (May 30, 

2001). The Commission also denied 

review of Czelada’s argument that the 

staff failed to consider the preclusionary 

effect of the Channel 221 upgrade at 

Cass City on existing and potential NCE 

FM service as untimely raised. But even 

if it were to consider the argument, it 

was without merit. The preclusionary 

effect analysis occurs only when the 60 

dBu contour of the Channel 221 upgrade 

proposal overlaps the Grade B contour 

of a television channel 6 station. No 

such overlap would occur in this case. 

The full text of this Commission 

decision is available for inspection and 

copying during normal business hours 

in the FCC Reference Information Center 

(Room CY–A257), 445 12th Street, SW., 

Washington, DC 20554. The complete 

text of this decision may also be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

Portals II, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554, 

telephone 1–800–378–3160 or 

www.BCPIWEB.com. 

This document is not subject to the 

Congressional Review Act. (The 

Commission, is, therefore, not required 

to submit a copy of this Memorandum 

Opinion and Order to GAO, pursuant to 

the Congressional Review Act, see 5 

U.S.C. 801(a)(1)(A) because the 

application for review was denied.) 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–24323 Filed 10–10–08; 8:45 am] 

BILLING CODE 6712–01–P 

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. 

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 

Thomas.Eng@fcc.gov, 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 email at FCC@BCPIWEB.com. Alternative 

formats (computer diskette, large print, 

audio cassette, and Braille) are available 

to persons with disabilities or by 

sending an e-mail to FCC504@fcc.gov 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: 

• Increases the effective radiated 

power (ERP) limit for narrowband (12.5 

kHz bandwidth or less) base stations 

from 300 watts to 500 watts. 

• Increases the power output limit for 

narrowband (12.5 kHz bandwidth or 

less) mobile transceivers from 2.5 watts 

to five watts. 

• Modifies the duty cycle for base 

stations from one second every minute 

to five seconds every minute. 

• 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. 

• Increases the uplink duty cycle for 

mobile transceivers from 1800 

milliseconds every 300 seconds to 7200 

milliseconds every 300 seconds. 

• Retains the requirement for TV 

Channel 7 interference studies and 

requires that the studies be served upon 

affected TV Channel 7 stations. 

• Permits the licensing of mobile 

transceivers by rule. 

• Expands the scope of § 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. 

• Relaxes the limitation on emissions 

to permit flexibility in modulation as 

well as analog and digital signals. 


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60632 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations 

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 §§ 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 

■ For reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR Part 90 as 

follows: 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

■ 1. The authority citation for Part 90 

continues to read as follows: 

Authority: Sections 4(i), 11, 303(g), 303(r) 

and 332(c)(7) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 161, 

303(g), 303(r) and 332(c)(7). 

■ 2. Section 90.20 is amended by 

revising paragraph (e)(6) to read as 

follows: 

§ 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 § 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 §§ 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 wellsuited to provide the proposed service); 

(B) Develops a plan to control any 

interference caused to TV reception 

from operations; and 


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Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations 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 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 541 

[Docket No. NHTSA–2008–0112] 

Final Theft Data; Motor Vehicle Theft 

Prevention Standard 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Publication of final theft data. 

SUMMARY: This document publishes the 

final data on thefts of model year (MY) 

2006 passenger motor vehicles that 

occurred in calendar year (CY) 2006. 

The final 2006 theft data indicated an 

increase in the vehicle theft rate 

experienced in CY/MY 2006. The final 

theft rate for MY 2006 passenger 

vehicles stolen in calendar year 2006 is 

2.08 thefts per thousand vehicles. 

Publication of these data fulfills 

NHTSA’s statutory obligation to 

periodically obtain accurate and timely 

theft data and publish the information 

for review and comment. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Deborah Mazyck, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Ms. Mazyck’s telephone number is (202) 

366–0846. Her fax number is (202) 493– 

2990. 

SUPPLEMENTARY INFORMATION: NHTSA 

administers a program for reducing 

motor vehicle theft. The central feature 

of this program is the Federal Motor 

Vehicle Theft Prevention Standard, 49 

CFR Part 541. The standard specifies 

performance requirements for inscribing 

and affixing vehicle identification 

numbers (VINs) onto certain major 

original equipment and replacement 

parts of high-theft lines of passenger 

motor vehicles. 

The agency is required by 49 U.S.C. 

33104(b)(4) to periodically obtain, from 

the most reliable source, accurate and 

timely theft data and publish the data 

for review and comment. To fulfill this 

statutory mandate, NHTSA has 

published theft data annually beginning 

with MYs 1983/84. Continuing to fulfill 

the § 33104(b)(4) mandate, this 

document reports the final theft data for 

CY 2006, the most recent calendar year 

for which data are available. 

In calculating the 2006 theft rates, 

NHTSA followed the same procedures it 

used in calculating the MY 2005 theft 

rates. (For 2005 theft data calculations, 

see 73 FR 13150, March 12, 2008). As 

in all previous reports, NHTSA’s data 

were based on information provided to 

NHTSA by the National Crime 

Information Center (NCIC) of the 

Federal Bureau of Investigation. The 

NCIC is a government system that 

receives vehicle theft information from 

nearly 23,000 criminal justice agencies 

and other law enforcement authorities 

throughout the United States. The NCIC 

data also include reported thefts of selfinsured and uninsured vehicles, not all 

of which are reported to other data 

sources. 

The 2006 theft rate for each vehicle 

line was calculated by dividing the 

number of reported thefts of MY 2006 

vehicles of that line stolen during 

calendar year 2006 by the total number 

of vehicles in that line manufactured for 

MY 2006, as reported to the 

Environmental Protection Agency 

(EPA). 

The final 2006 theft data show an 

increase in the vehicle theft rate when 

compared to the theft rate experienced 

in CY/MY 2005. The final theft rate for 

MY 2006 passenger vehicles stolen in 

calendar year 2006 increased to 2.08 

thefts per thousand vehicles produced, 

an increase of 12.4 percent from the rate 

of 1.85 thefts per thousand vehicles 

experienced by MY 2005 vehicles in CY 

2005. NHTSA is not overly concerned 

about this increase in the overall theft 

rate. The data has shown an overall 

decreasing trend in theft rates since CY 

1993, with periods of increase from one 

year to the next. As explained in the 

publication of preliminary theft data, if 

the final data, for calendar year/model 

year (CY/MY) 2006 showed a second 

year of increase, the agency would 

explore what could be the possible 

causes for these elevations. The agency 

also welcomed comments on the cause 

for this increase but no comments were 

received. Therefore, as indicated by the 

publication of preliminary theft rate 

data, the agency will continue to 

monitor this theft rate pattern and 

explore the possible reasons for the 

elevation in theft rates experienced 

during MY/CY 2005–2006. 

For MY 2006 vehicles, out of a total 

of 223 vehicle lines, 19 lines had a theft 

rate higher than 3.5826 per thousand 

vehicles, the established median theft 

rate for MYs 1990/1991. (See 59 FR 

12400, March 16, 1994). Of the 19 

vehicle lines with a theft rate higher 

than 3.5826, 18 are passenger car lines, 

one is a multipurpose passenger vehicle 

lines, and none are light-duty truck 

lines. 


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