23816 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 

adopted May 12, 2009 and released May 

14, 2009 (NPRM), in CG Docket No. 03– 

123, seeking comment on whether the 

Commission should adjust VRS rates for 

the 2009–2010 Fund year. The full text 

of FCC 09–39 and subsequently filed 

documents in this matter are available 

for public inspection and copying 

during regular business hours at the 

FCC Reference Information Center, 

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

CY–A257, Washington, DC 20554. They 

may also be purchased from the 

Commission’s duplicating contractor at 

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

CY–B402, Washington, DC 20554; the 

contractor’s Web site, http:// 

www.bcpiweb.com; or by calling (800) 

378–3160. FCC 09–39 and subsequently 

filed documents in this matter may also 

be found by searching ECFS at http:// 

www.fcc.gov/cgb/ecfs (insert CG Docket 

No. 03–123 into the Proceeding block). 

To request materials in accessible 

formats for people with disabilities 

(braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice), (202) 418–0432 

(TTY). FCC 09–39 can also be 

downloaded in Word or Portable 

Document Format (PDF) at: http:// 

www.fcc.gov/cgb/dro/trs.html. 

Initial Paperwork Reduction Act of 

1995 Analysis 

The NPRM does not contain proposed 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed 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). 

Synopsis 

In the NPRM, the Commission seeks 

comment on whether it should 

recalculate the VRS rates established in 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities, Report and Order and 

Declaratory Ruling, CG Docket No. 03– 

123, FCC 07–186, published at 73 FR 

44170, July 30, 2008 (2007 TRS Rate 

Methodology Order) for the 2009–2010 

Fund year based on recent data 

reflecting the actual costs of providing 

this service. The funding requirement 

for all forms of TRS has grown from 

approximately $64 million for the 2002– 

2003 Fund year (the first year VRS was 

widely offered) to a proposed 

$890,992,075 for the 2009–2010 Fund 

year, and VRS continues to represent an 

increasingly large percentage of the total 

Fund size (for 2009–2010, 123,844,666 

projected minutes of use, with payments 

totaling approximately $779,873,811, or 

87 percent of the total Fund). The NPRM 

notes that the VRS rates adopted in 2007 

may not accurately reflect the providers’ 

reasonable actual costs of providing 

service in compliance with FCC rules. 

Current data show that VRS providers’ 

average actual costs per minute were 

$4.5568 in 2006, $3.9950 in 2007, and 

$4.1393 in 2008. 

The Commission, therefore, seeks 

comment on whether, for the 2009–2010 

Fund year, it should adopt new VRS 

rates that correlate to providers’ cost 

data, rather than continuing to base 

rates on the 2007 TRS Rate Methodology 

Order. 

Initial Regulatory Flexability Act 

The Regulatory Flexibility Act of 

1980, as amended (RFA), requires that 

an initial regulatory flexibility analysis 

be prepared for notice-and-comment 

rulemaking proceedings, unless the 

agency certifies that ‘‘the rule will not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’ 

under the Small Business Act. A ‘‘small 

business concern’’ is one that: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). The NPRM seeks 

comment on a proposal for recalculating 

the VRS rates for the 2009–2010 Fund 

year based on recent data reflecting the 

actual costs of providing this service. 

The Commission notes that the funding 

requirement has grown from 

approximately $64 million for the 2002– 

2003 Fund year to a proposed 

$890,992,075 for the 2009–2010 Fund 

year, and that VRS continues to 

represent an increasingly large 

percentage of the total Fund size (for 

2009–2010, 123,844,666 projected 

minutes of use, with payments totaling 

approximately $779,873,811, or 87 

percent). The Commission also notes 

that the Fund administrator has 

indicated that VRS providers’ average 

actual cost per minute was $4.5568 in 

2006, $3.9950 in 2007, and $4.1393 in 

2008. The Commission now has the 

benefit of experience with two VRS rate 

cycles since the adoption of the 2007 

TRS Rate Methodology Order, and the 

VRS rates adopted in that order may not 

accurately reflect the providers’ 

reasonable actual costs of providing 

service in compliance with our rules. 

The Commission therefore seeks 

comment on whether to adopt new VRS 

rates that reflect providers’ cost data, 

rather than continue to base rates on the 

2007 TRS Rate Methodology Order that 

may result in the overpayment of 

providers contrary to section 225 and 

our rules. The Commission believes this 

action is consistent with its duty to 

protect the integrity of the Fund and 

American consumers who pay into the 

Fund, and with the statutory mandate to 

ensure that TRS is offered ‘‘in the most 

efficient manner’’ to persons with 

hearing and speech disabilities, 47 

U.S.C. 225(b)(1); see also Telecator 

Network of America v. FCC, 691 F.2d 

525, 550 n. 191 (DC Cir. 1982) (‘‘The 

Commission has an ongoing obligation 

to monitor its regulatory programs and 

make adjustments in light of actual 

experience. * * * This duty to finetune 

its regulatory approach as more 

information becomes available is 

necessarily the price of leeway the 

courts accord the Commission to pursue 

plans and policies bottomed on 

informed prediction.’’). 

Ordering Clauses 

Pursuant to Sections 1, 4(i) and (o), 

225, 303(r), 403, 624(g), and 706 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i) and (o), 

225, 303(r), 403, 554(g), and 606, the 

Notice of Proposed Rulemaking is 

adopted. 

The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, SHALL SEND a 

copy of the Notice of Proposed 

Rulemaking, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–11934 Filed 5–20–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WP Docket No. 07–100; FCC 09–29] 

Private Land Mobile Radio Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 


dwashington3 on PROD1PC60 with PROPOSALS-1
Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 23817 

SUMMARY: This document proposes 

revisions to the Commission’s rules and 

policies regarding public safety 

operations in the private land mobile 

radio services. In the Further Notice of 

Proposed Rulemaking portion of this 

document the Commission proposes to 

reinstate an exemption for 4.9 GHz band 

applications from coordination via a 

certified frequency coordinator. 

Notwithstanding this proposal, the 

Commission also proposes a licensee-tolicensee coordination requirement for 

primary permanent fixed stations 

operating in the 4.9 GHz band. The 

remaining proposals consist of 

corrections and clarifications of 

frequency tables. The Commission 

makes first proposal because the 

Commission tentatively concludes that 

the exemption was deleted by 

inadvertent omission. The Commission 

makes the second proposal because it is 

concerned that the existing coordination 

rules may not protect primary 

permanent fixed stations from 

interference. The Commission proposes 

the frequency table corrections to fix 

various errors. The intended effects are 

to relieve 4.9 GHz band applicants from 

the cost of certified frequency 

coordination; ensure sufficient 

interference protection of 4.9 GHz band 

permanent fixed primary stations; and 

eliminate uncertainty regarding the 

licensing of particular public safety 

frequencies. 

DATES: Comments are due July 20, 2009. 

Reply comments are due August 19, 

2009. 

ADDRESSES: You may submit comments, 

identified by WP Docket No. 07–100, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

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, 

Public Safety and Homeland Security 

Bureau, 445 12th Street, SW., 

Washington, DC 20554. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Further Notice of 

Proposed Rulemaking portion of the 

Commission’s Report and Order and 

Further Notice of Proposed Rulemaking 

in WP Docket No. 07–100, adopted on 

April 7, 2009, and released on April 9, 

2009. 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. 

The major proposals in the Further 

Notice of Proposed Rulemaking are as 

follows: 

• Reinstate into § 90.175 an 

exemption for 4.9 GHz band 

applications from coordination via a 

certified frequency coordinator. 

• Impose a more formal licensee-tolicensee coordination requirement on 

primary fixed links in the 4.9 GHz band. 

• Correct and clarify the 4.9 GHz 

band plan: 

• Amend § 90.1213 by correcting the 

channel number 14 bandwidth from five 

megahertz to one megahertz. 

• Amend the table in § 90.1213 to list 

all the center frequencies that should be 

used for every possible channel 

aggregation permitted in the rules. 

• Make three corrections to § 90.20 of 

the Commission’s rules relating to the 

Public Safety Pool Frequency Table and 

associated limitations: 

• Amend the § 90.20(d)(66)(i) table of 

frequency pairs by correcting the 

mobile-only frequency for Channel 

MED–4 from 463.075 MHz to 468.075 

MHz. 

• Amend § 90.20(c)(3) by replacing 

limitation 38 with limitation 10 on nine 

frequencies. 

• Amend § 90.20(c)(3) by replacing 

the text in the limitation column 

‘‘O=’xl’>72’’ with the numeral ‘‘72.’’ 

4.9 GHz General Exemption From 

Certified Frequency Coordination 

We take this opportunity to address 

an apparent inadvertent omission of a 

Commission rule that provided an 

exemption to 4.9 GHz band applicants 

from certified frequency coordination. 

By this Further Notice of Proposed 

Rulemaking, we seek comment on 

reinstating the omitted language into the 

Commission’s part 90 rules. When the 

Commission originally crafted the 4.9 

GHz rules, it did not require frequency 

coordinators to certify applications 

because ‘‘all frequencies will be shared 

among licensees, and adjacent and colocated licensees are required to 

cooperate and coordinate in use of the 

spectrum.’’ Accordingly, the 

Commission codified a frequency 

coordination exemption for applications 

for frequencies in the 4940–4990 MHz 

band (4.9 GHz exemption). The 4.9 GHz 

exemption appeared in the Federal 

Register entry for the 4.9 GHz Third 

Report and Order, 68 FR 38635, June 30, 

2003, as well as the 2003 and 2004 

editions of the Commission’s rules on 

§ 90.175(j). However, in 2005 and 

subsequent editions of the Code of 

Federal Regulations, the exemption for 

4.9 GHz applications was omitted. 

The omission of the 4.9 GHz 

exemption appears to have occurred 

inadvertently as a result of a rulemaking 

in 2004. On February 10, 2004, the 

Commission released a 5.9 GHz Report 

and Order, 69 FR 46438, August 3, 

2004, to revise, inter alia, § 90.175(j) ‘‘by 

adding a new subparagraph (17)’’ to 

exempt from frequency coordination 

‘‘applications for DSRCS [Dedicated 

Short-Range Communications Service] 

licensees (as well as registrations for 

Roadside Units) in the 5850–5925 GHz 

band’’ (DSRCS exemption). However, 

the 2003 Code of Federal Regulations, 

which was in effect at the time the 5.9 

GHz Report and Order was released, 

already contained seventeen exemptions 

in § 90.175(j). Because the 5.9 GHz 

Report and Order stated that it was 

adding a new subparagraph, we 

tentatively conclude that the 

Commission did not intend to delete the 

4.9 GHz exemption, then listed as 

§ 90.175(j)(17). We base this tentative 

conclusion on the lack of any 

corresponding discussion in the 5.9 GHz 

Report and Order relating to such a 

deletion, or any evidence of such an 

intention in subsequent proceedings. On 

July 1, 2004, as the result of an 

unrelated rulemaking, § 90.175 was 

further revised by removing 

subparagraph (j)(13) and redesignating 

subparagraphs (j)(14) through (17) as 

(j)(13) through (16). On August 3, 2004, 


dwashington3 on PROD1PC60 with PROPOSALS-1
23818 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 

the Federal Register entry for the 5.9 

GHz Report and Order was published, 

69 FR 46438, August 3, 2004, which 

overwrote the existing 4.9 GHz 

exemption in § 90.175(j)(16) with the 

DSRCS exemption rather than adding a 

new subparagraph as intended in the 5.9 

GHz Report and Order. Subsequently, 

the omission of the 4.9 GHz exemption 

was perpetuated through other 

rulemakings, such as the Commission’s 

Biennial Regulatory Review in 2005. 

Because there is no evidence that the 

Commission intended to impose a 

requirement for certified frequency 

coordination on applicants in the 4.9 

GHz band, we believe that the 

subparagraph numbering in the 5.9 GHz 

Report and Order and the subsequent 

overwriting of the 4.9 GHz exemption 

were ministerial errors that contributed 

to the omission. 

We find that reinstating the 4.9 GHz 

exemption would relieve applicants 

from burdens and fees associated with 

obtaining certified frequency 

coordination and would satisfy the 

Commission’s original intent to 

encourage licensees to cooperate and 

coordinate with each other in use of the 

spectrum. In this regard, we tentatively 

conclude that correcting the error would 

serve the public interest. However, the 

omission has been in effect for a 

substantial period of time, and some 

entities may be operating under the 

assumption that formal coordination 

from a certified frequency coordinator is 

required for 4.9 GHz applications. We 

tentatively conclude that correcting the 

error by restoring the 4.9 GHz 

exemption would eliminate such 

uncertainty. Therefore, we seek 

comment on our tentative conclusion to 

amend § 90.175(j) to restore the 

exemption for applications for 

frequencies in the 4940–4990 MHz band 

from certified frequency coordination 

requirements. Notwithstanding this 

tentative conclusion, we propose a 

separate, more formal licensee-tolicensee coordination requirement for 

applications seeking authorization for 

primary permanent fixed stations, as 

discussed below. 

Coordination for 4.9 GHz Primary 

Permanent Fixed Stations 

As discussed in the Report and Order, 

we accord primary status to certain 

permanent fixed point-to-point and 

point-to-multipoint stations. We are also 

licensing all permanent fixed point-topoint and point-to-multipoint stations 

on an individual, site-by-site basis. As 

we seek to make clear in the previous 

proposal, 4.9 GHz licensees are not 

subject to a formal frequency 

coordination requirement via certified 

frequency coordinators. Section 

90.1209(b) addresses coordination 

matters by requiring that ‘‘[a]ll licensees 

shall cooperate in the selection and use 

of channels in order to reduce 

interference and make the most effective 

use of the authorized facilities.’’ We are 

concerned that the current rule language 

in § 90.1209(b) may not ensure that 

applicants for primary permanent fixed 

stations offer sufficient protection to 

other primary permanent fixed stations 

and other co-primary users. Without a 

specific coordination procedure in 

place, interference issues may arise 

between co-primary permanent fixed 

stations or other co-primary users of the 

band. We thus believe that additional 

measures are required to minimize the 

potential for interference. 

Section 101.103(d) presently 

establishes a prior coordination process 

that we believe would also serve the 

application process for primary fixed 

4.9 GHz stations. Section 101.103(d) 

provides that proposed frequency usage 

of fixed microwave stations must be 

prior coordinated with existing 

licensees, permittees, and applicants in 

the area. The coordination involves two 

separate elements: notification and 

response. To be acceptable for filing, all 

applications and major technical 

amendments must certify that 

coordination, including response, has 

been completed. The notification must 

specify the names of the licensees, 

permittees, and applicants with which 

coordination was accomplished. The 

notification must include relevant 

technical details of the proposal. Once 

notification is provided, affected parties 

have thirty days to respond. 

Accordingly, we propose to modify 

§ 90.1209(b) to require applicants for 

primary fixed stations providing pointto-point and point-to-multipoint 

communications to successfully 

complete the prior coordination 

procedures of § 101.103(d). We seek 

comment on this proposal. 

Additionally, we invite commenters to 

suggest any alternative measures that 

would serve the purpose of our 

proposal. 

4.9 GHz Band Plan Correction and 

Clarification 

We seek comment on correcting an 

apparent error in the 4.9 GHz band plan 

and clarifying which center frequencies 

may be licensed when aggregating 

multiple channels into larger 

bandwidths. The band plan is governed 

by § 90.1213 of the Commission’s rules. 

First, we identify an error in the 

bandwidth designated to channel 

number 14. In the 4.9 GHz Third Report 

and Order, the Commission decided 

that ‘‘the frequency utilization plan will 

consist of ten one-megahertz channels 

and eight five-megahertz channels 

* * *.’’ However, in the rule, 

‘‘[c]hannel numbers 1 through 5 and 15 

through 18 are 1 MHz channels and 

channels [sic] numbers 6 through 14 are 

5 MHz channels,’’ which results in nine 

one-megahertz channels and nine fivemegahertz channels. Accordingly, there 

is a discrepancy between the 

Commission’s decision and the rule 

concerning the number of channels 

designated for each bandwidth. 

Channel number 14 is designated as a 

five-megahertz bandwidth channel in 

the rules. However, the band edges of its 

upper neighbors, channel numbers 15 

and 16 (each one megahertz wide) are 

only 0.5 and 1.5 megahertz away, 

respectively, and the band edge of its 

lower neighbor, channel number 13 

(five megahertz wide) is only 0.5 

megahertz away. Therefore, the five 

megahertz bandwidth of channel 

number 14 overlaps the bandwidth of 

channel numbers 13, 15 and 16. Since 

none of the other channels in the 4.9 

GHz band have overlapping bandwidth, 

we tentatively conclude that the 

channel plan contains an error in the 

bandwidth of channel number 14. We 

propose to correct the channel number 

14 bandwidth from five megahertz to 

one megahertz. We note that this 

correction would eliminate bandwidth 

overlap with adjacent channels, 

improve spectrum efficiency, restore 

symmetry to the band plan, and result 

in ten one-megahertz channels and eight 

five-megahertz channels, consistent 

with the Commission’s intent in the 4.9 

GHz Third Report and Order. Also, we 

propose to grandfather existing 

licensees to minimize the effect of this 

rule change on existing operations. We 

seek comment on this proposed 

correction. 

Finally, the Commission’s Universal 

Licensing System accepts 4.9 GHz 

channel requests based on the center 

frequency. The Commission has been 

receiving applications for aggregated 

channels on improper center 

frequencies, which results in inefficient 

spectrum usage. For example, if a user 

seeks to aggregate two five-megahertz 

channels into a ten-megahertz 

bandwidth, the user might improperly 

request a frequency centered on one of 

the existing five-megahertz channels 

rather than centered in the middle of the 

desired ten-megahertz channel. The user 

takes up bandwidth over three or more 

channels rather than just the two 

channels that are needed. To resolve 

this problem, we propose to amend the 

table in § 90.1213 to list the center 

frequencies that should be requested for 


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Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 23819 

every possible channel aggregation 

permitted in the rules. We believe that 

clarifying the band plan in this manner 

would improve spectrum efficiency and 

eliminate confusion over how to license 

aggregated channels. Also, we propose 

to grandfather existing licensees to 

minimize the effect of this clarification 

on existing operations. We seek 

comment on this proposal. 

Public Safety Pool Corrections 

We seek comment on making three 

‘‘clean-up’’ amendments to § 90.20 

relating to the Public Safety Pool 

Frequency Table and its associated 

limitations. The following proposed 

amendments would rectify three errors 

that Commission staff has discovered in 

this rule section since the release of the 

earlier Notice of Proposed Rulemaking, 

72 FR 35190, June 27, 2007, in this 

proceeding. Although these errors may 

appear ministerial in nature, they have 

been in effect for a substantial period of 

time, and thus, we seek comment on the 

corrections. 

First, in the § 90.20(d)(66)(i) table of 

frequency pairs, we note that Channel 

MED–4 has a mobile-only frequency of 

463.075 MHz, unlike the other listed 

channels, which have mobile-only 

frequencies in the 468 MHz range. We 

tentatively conclude that 463.075 MHz 

was a typographical error, and we seek 

comment on a proposal to correct the 

mobile-only frequency for Channel 

MED–4 to 468.075 MHz. The lower half 

of the MED–4 pair, frequency 463.075 

MHz in the base and mobile column, 

would remain unchanged. 

Second, nine frequencies in the 

Public Safety Pool Frequency Table 

contain limitation 38; however, 

§ 90.20(d)(38) only contains the text, 

‘‘[Reserved].’’ We propose to replace 

limitation 38 with limitation 10 on 

those frequencies. In 2005, the 

Commission issued an order that, inter 

alia, replaced limitation 38 with 

limitation 10 in the Public Safety Pool 

Frequency Table because the two 

limitations were identical. A portion of 

the final rule appendix reads: ‘‘Section 

90.20 is further amended by replacing 

limitation 38 with 10 in the Public 

Safety Pool Frequency Table of Section 

90.20(c)(3) (Frequencies.) for 

frequencies 155.325, 155.3325, 155.355, 

155.3625, 155.385, 155.3925, 155.4, 

155.4075, 462.9375, 462.95625, 

462.9625, 462.96875, 462.975, 

462.98125, 462.9875, 462.99375, 467.95, 

467.95625, 467.9625, 467.96875, 

467.975, 467.98125, 467.9875 and 

467.99375 * * *.’’ However, the list 

erroneously included frequency 

462.9375 MHz, which does not have 

limitation 38, and excluded frequency 

462.95 MHz, which has limitation 38. 

Also, the rule implementation was 

never completed for the listed 

frequencies in the 467 MHz range. 

Therefore, we seek comment on a 

proposal to complete the rule 

implementation of the 2005 Biennial 

Review Report and Order, 70 FR 61049, 

October 20, 2005, and amend 

§ 90.20(c)(3) by replacing limitation 38 

with limitation 10 on the nine 

frequencies 462.95, 467.95, 467.95625, 

467.9625, 467.96875, 467.975, 

467.98125, 467.9875 and 467.99375 

MHz. 

Third, the frequency band 1427–1432 

MHz in the Public Safety Pool 

Frequency Table contains an apparent 

error in the limitation column. The 

limitation reads, ‘‘O=’xl’>72.’’ We seek 

comment on a proposal to amend 

§ 90.20(c)(3) by replacing the text in the 

limitation column ‘‘O=’xl’>72’’ with the 

numeral ‘‘72.’’ This correction would 

clarify that limitation 72 applies to this 

band. Limitation 72 reads, ‘‘[t]his 

frequency band is available to stations 

in this service subject to the provisions 

of § 90.259,’’ and § 90.259 contains 

provisions for the 1427–1432 MHz 

band. 

Procedural Matters 

Initial Paperwork Reduction Act 

Analysis 

This document does not contain new 

or modified proposed information 

collection(s) subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

proposed 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). 

Comment and Reply Comment Filing 

Instructions 

Pursuant to §§ 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated above. 

Comments may be filed using: (1) The 

Commission’s Electronic Comment 

Filing System (ECFS), (2) the Federal 

Government’s eRulemaking Portal, or (3) 

by filing paper copies. See Electronic 

Filing of Documents in Rulemaking 

Proceedings, 63 FR 24121, May 1, 1998. 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http://www.fcc.gov/ 

cgb/ecfs/ or the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Filers should follow the instructions 

provided on the Web site for submitting 

comments. 

• For ECFS filers, if multiple docket 

or rulemaking numbers appear in the 

caption of this proceeding, filers must 

transmit one electronic copy of the 

comments for each docket or 

rulemaking number referenced in the 

caption. In completing the transmittal 

screen, filers should include their full 

name, U.S. Postal Service mailing 

address, and the applicable docket or 

rulemaking number. Parties may also 

submit an electronic comment by 

Internet e-mail. To get filing 

instructions, filers should send an email to ecfs@fcc.gov, and include the 

following words in the body of the 

message ‘‘get form.’’ A sample form and 

directions will be sent in response. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. If more than 

one docket or rulemaking number 

appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. 

Filings can be sent by hand or 

messenger delivery, by commercial 

courier, or by first-class or overnight 

U.S. Postal Service mail (although we 

continue to experience delays in 

receiving U.S. Postal Service mail). All 

filings must be addressed to the 

Commission’s Secretary, Federal 

Communications Commission. 

• The Commission’s contractor will 

receive hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 p.m. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

People with Disabilites: To request 

materials in alternative formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer and Government Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (tty). 

Interested parties may view 

documents filed in this proceeding on 

the Commission’s Electronic Comment 

Filing System (ECFS) using the 


dwashington3 on PROD1PC60 with PROPOSALS-1
23820 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 

following steps: (1) Access ECFS at 

http://www.fcc.gov/cgb/ecfs. (2) In the 

introductory screen, click on ‘‘Search 

for Filed Comments.’’ (3) In the 

‘‘Proceeding’’ box, enter the numerals in 

the docket number. (4) Click on the box 

marked ‘‘Retrieve Document List.’’ A 

link to each document is provided in 

the document list. Filings and 

comments are also available for public 

inspection and copying during regular 

business hours at the FCC Reference 

Information Center, 445 12th Street, 

SW., Room CY–A257, Washington, DC 

20554. Filings and comments also may 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554, telephone 1–800–378–3160, or 

via e-mail to fcc@bcpiweb.com. This 

Report and Order and Further Notice of 

Proposed Rulemaking also may be 

downloaded from the Commission’s 

Web site at http://www.fcc.gov/. 

Ex Parte Presentations 

This is a permit-but-disclose notice 

and comment rulemaking proceeding. 

Ex parte presentations are permitted, 

except during the Sunshine Agenda 

period, provided they are disclosed as 

provided in the Commission’s rules. See 

generally 47 CFR 1.1202, 1.1203, 

1.1206(a). 

Initial Regulatory Flexibility Act 

Analysis 

As required by the Regulatory 

Flexibility Act, the Commission has 

prepared a Initial Regulatory Flexibility 

Analysis (IRFA) of the possible impact 

of the proposed rule changes contained 

in this Further Notice of Proposed 

Rulemaking on small entities. The IRFA 

is set forth in Appendix D of the Report 

and Order and Further Notice of 

Proposed Rulemaking. Written public 

comments are requested on the IRFA. 

These comments must be filed in 

accordance with the same filing 

deadlines as comments filed in response 

to the Further Notice of Proposed 

Rulemaking and must have a separate 

and distinct heading designating them 

as responses to the IRFA. The 

Commission’s Consumer Information 

Bureau, Reference Information Center, 

will send a copy of this Report and 

Order and Further Notice of Proposed 

Rulemaking, including the IRFA, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

Ordering Clauses 

Accordingly, it is ordered, pursuant to 

sections 4(i), 303(r), and 403 of the 

Communications Act of 1934, 47 U.S.C. 

154(i), 303(r), and 403, that this Report 

and Order and Further Notice of 

Proposed Rulemaking is hereby 

adopted. 

It is further ordered that the 

Commission’s Consumer Information 

Bureau, Reference Information Center, 

shall send a copy of this Report and 

Order and Further Notice of Proposed 

Rulemaking, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the U.S. 

Small Business Administration. 

List of Subjects in 47 CFR Part 90 

Communications equipment, Radio. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 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: 

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 the Frequency or band entries 

462.950, 467.950, 467.95625, 467.9625, 

467.96875, 467.975, 467.98125, 

467.9875, 467.99375 and 1,427 to 1,432 

in the Public Safety Pool Frequency 

Table of paragraph (c)(3) and the 

Frequencies base and mobile entry 

463.075 in the table of paragraph 

(d)(66)(i) to read as follows: 

§ 90.20 Public Safety Pool. 

* * * * * 

(c) * * * 

(3) * * * 

PUBLIC SAFETY POOL FREQUENCY TABLE

Frequency or band Class of station(s) Limitations Coordinator 

* * * * * * * 

Megahertz 

* * * * * * * 

462.950 ................................................... ......do ................................................................................ 10, 65 .................................. PM 

* * * * * * * 

467.950 ................................................... ......do ................................................................................ 10, 65 .................................. PM 

467.95625 ............................................... ......do ................................................................................ 10, 44, 65 ............................ PM 

467.9625 ................................................. ......do ................................................................................ 10, 27, 65 ............................ PM 

467.96875 ............................................... ......do ................................................................................ 10, 44, 65 ............................ PM 

467.975 ................................................... ......do ................................................................................ 10, 65 .................................. PM 

467.98125 ............................................... ......do ................................................................................ 10, 44, 65 ............................ PM 

467.9875 ................................................. ......do ................................................................................ 10, 27, 65 ............................ PM 

467.99375 ............................................... ......do ................................................................................ 10, 44, 65 ............................ PM 

* * * * * * * 

1,427 to 1,432 ......................................... Base, mobile or operational fixed ..................................... 72.

* * * * * * * 

* * * * * (d) * * * (66) * * * 

(i) * * * 


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Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 23821 

Frequencies base and mobile 

(megahertz) 

Mobile only 

(MHz) 

Channel 

name 

* * * * * * * 

463.075 ........................................................................................................................ 468.075 ..................................................... MED–4 

* * * * * * * 

* * * * * 

3. Section 90.175 is amended by 

adding paragraph (j)(19) to read as 

follows: 

§ 90.175 Frequency coordinator 

requirements. 

* * * * * 

(j) * * * 

(19) Applications for frequencies in 

the 4940–4990 MHz band, except for 

primary, permanent fixed point-to-point 

and point-to-multipoint stations, which 

shall be subject to the requirements of 

§§ 90.1209(b) and 101.103(d) of this 

chapter. 

4. Section 90.1209 is amended by 

revising paragraph (b) to read as follows: 

§ 90.1209 Policies governing the use of the 

4940–4990 MHz band. 

* * * * * 

(b) All licensees shall cooperate in the 

selection and use of channels in order 

to reduce interference and make the 

most effective use of the authorized 

facilities. Licensees of stations suffering 

or causing harmful interference are 

expected to cooperate and resolve this 

problem by mutually satisfactory 

arrangements. If licensees are unable to 

do so, the Commission may impose 

restrictions including specifying the 

transmitter power, antenna height, or 

area or hours of operation of the stations 

concerned. Further, the Commission 

may prohibit the use of any 4.9 GHz 

channel under a system license at a 

given geographical location when, in the 

judgment of the Commission, its use in 

that location is not in the public 

interest. Applicants for primary, 

permanent fixed point-to-point and 

point-to-multipoint stations as defined 

in § 90.1207 shall be subject to the 

requirements of § 101.103(d) of this 

chapter. 

* * * * * 

5. Section 90.1213 is revised to read 

as follows: 

§ 90.1213 Band plan. 

(a) The following channel center 

frequencies are permitted to be 

aggregated for channel bandwidths of 5, 

10, 15 or 20 MHz as described in 

paragraph (b) of this section. Channel 

numbers 1 through 5 and 14 through 18 

are 1 MHz bandwidth channels, and 

channel numbers 6 through 13 are 5 

MHz bandwidth channels. 

Center 

frequency 

(MHz) 

Bandwidth 

(MHz) 

Channel 

Nos. 

4940.5 ............... 1 1 

4941.5 ............... 1 2 

4942.5 ............... 1 3 

4943.5 ............... 1 4 

4944.5 ............... 1 5 

4947.5 ............... 5 6 

4952.5 ............... 5 7 

4957.5 ............... 5 8 

4962.5 ............... 5 9 

4967.5 ............... 5 10 

4972.5 ............... 5 11 

4977.5 ............... 5 12 

4982.5 ............... 5 13 

4985.5 ............... 1 14 

4986.5 ............... 1 15 

4987.5 ............... 1 16 

4988.5 ............... 1 17 

4989.5 ............... 1 18 

(b) The following tables list center 

frequencies to be licensed for aggregated 

channels only. A license may contain 

any combination of bandwidths from 

aggregated channels provided that the 

bandwidths do not overlap. The 

bandwidth edges (lower and upper 

frequencies) are provided to aid in 

planning. 

(1) 5 MHz bandwidth aggregation: 

Center frequency 

(MHz) 

Channel Nos. 

employed 

Lower 

frequency 

(MHz) 

Upper 

frequency 

(MHz) 

4942.5 ........................................................................... 1 to 5 1 .......................................................................... 4940 4945 

4947.5 ........................................................................... 6 .................................................................................... 4945 4950 

4952.5 ........................................................................... 7 .................................................................................... 4050 4955 

4957.5 ........................................................................... 8 .................................................................................... 4955 4960 

4962.5 ........................................................................... 9 .................................................................................... 4960 4965 

4967.5 ........................................................................... 10 .................................................................................. 4965 4970 

4972.5 ........................................................................... 11 .................................................................................. 4970 4975 

4977.5 ........................................................................... 12 .................................................................................. 2975 4980 

4982.5 ........................................................................... 13 .................................................................................. 4980 4985 

4987.5 ........................................................................... 14 to 18 1 ...................................................................... 4985 4990 

1These channels should only be used if all other channels are blocked. 

(2) 10 MHz bandwidth aggregation: 

Center frequency 

(MHz) 

Channel Nos. 

employed 

Lower 

frequency 

(MHz) 

Upper 

frequency 

(MHz) 

4945 .............................................................................. 1 to 6 1 .......................................................................... 4940 4950 

4950 .............................................................................. 6 & 7 ............................................................................. 4945 4955 

4955 .............................................................................. 7 & 8 ............................................................................. 4950 4960 

4960 .............................................................................. 8 & 9 ............................................................................. 4955 4965 

4965 .............................................................................. 9 & 10 ........................................................................... 4960 4970 

4970 .............................................................................. 10 & 11 ......................................................................... 4965 4975 


dwashington3 on PROD1PC60 with PROPOSALS-1
23822 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 

Center frequency 

(MHz) 

Channel Nos. 

employed 

Lower 

frequency 

(MHz) 

Upper 

frequency 

(MHz) 

4975 .............................................................................. 11 & 12 ......................................................................... 4970 4980 

4980 .............................................................................. 12 & 13 ......................................................................... 4975 4985 

4985 .............................................................................. 13 to 18 1 ...................................................................... 4980 4990 

1 These channels should only be used if all other channels are blocked. 

(3) 15 MHz bandwidth aggregation: 

Center frequency 

(MHz) 

Channel Nos. 

employed 

Lower 

frequency 

(MHz) 

Upper 

frequency 

(MHz) 

4947.5 ........................................................................... 1 to 7 1 .......................................................................... 4940 4955 

4952.5 ........................................................................... 6 to 8 ............................................................................ 4945 4960 

4957.5 ........................................................................... 7 to 9 ............................................................................ 4950 4965 

4962.5 ........................................................................... 8 to 10 .......................................................................... 4955 4970 

4967.5 ........................................................................... 9 to 11 .......................................................................... 4960 4975 

4972.5 ........................................................................... 10 to 12 ........................................................................ 4965 4980 

4977.5 ........................................................................... 11 to 13 ........................................................................ 4970 4985 

4982.5 ........................................................................... 12 to 18 1 ...................................................................... 4975 4990 

1These channels should only be used if all other channels are blocked. 

(4) 20 MHz bandwidth aggregation: 

Center frequency 

(MHz) 

Channel Nos. 

employed 

Lower 

frequency 

(MHz) 

Upper 

frequency 

(MHz) 

4950 .............................................................................. 1 to 8 1 .......................................................................... 4940 4960 

4955 .............................................................................. 6 to 9 ............................................................................ 4945 4965 

4960 .............................................................................. 7 to 10 .......................................................................... 4950 4970 

4965 .............................................................................. 8 to 11 .......................................................................... 4955 4975 

4970 .............................................................................. 9 to 12 .......................................................................... 4960 4980 

4975 .............................................................................. 10 to 13 ........................................................................ 4965 4985 

4980 .............................................................................. 11 to 18 1 ...................................................................... 4970 4990 

1These channels should only be used if all other channels are blocked. 

[FR Doc. E9–11907 Filed 5–20–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[Docket No. 070910507–81216–02] 

RIN 0648–AV94 

Endangered and Threatened Wildlife 

and Plants: Proposed Rulemaking to 

Establish Take Prohibitions for the 

Threatened Southern Distinct 

Population Segment of North American 

Green Sturgeon 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments; notice of availability of a 

draft environmental assessment. 

SUMMARY: Under section 4(d) of the 

Endangered Species Act (ESA), the 

Secretary of Commerce (Secretary) is 

required to adopt such regulations as he 

deems necessary and advisable for the 

conservation of species listed as 

threatened. This proposed ESA 4(d) rule 

represents the regulations that we, the 

National Marine Fisheries Service 

(NMFS), believe necessary and 

advisable to conserve the threatened 

Southern Distinct Population Segment 

of North American green sturgeon 

(Acipenser medirostris; hereafter 

Southern DPS). We propose to apply the 

prohibitions listed under ESA sections 

9(a)(1)(A) through 9(a)(1)(G) for the 

Southern DPS, and we highlight specific 

categories of activities that are likely to 

result in take of Southern DPS fish. We 

do not find it necessary and advisable 

to apply the take prohibitions to certain 

categories of activities that contribute to 

conserving the Southern DPS. We also 

propose a variety of methods by which 

take of the Southern DPS may be 

authorized. 

We announce the availability of a 

draft environmental assessment (EA) 

that analyzes the environmental impacts 

of promulgating these proposed 4(d) 

regulations for the Southern DPS. 

Finally, we solicit comments regarding 

the draft EA and this proposed rule. 

DATES: Comments regarding the 

proposed rule and supporting 

documents may be sent to the 

appropriate address or fax number (see 

ADDRESSES), no later than 5 p.m. Pacific 

Standard Time on July 20, 2009. A 

public hearing will be held promptly if 

any person so requests by July 6, 2009. 

Notice of the location and time of any 

such hearing will be published in the 

Federal Register not less than 15 days 

before the hearing is held. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–AV94, by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Facsimile (fax): 562–980–4027, 

Attn: Melissa Neuman. 


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