[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Proposed Rules]
[Pages 23816-23822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11907]


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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.

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[[Page 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-to-licensee 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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
    <bullet> People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: <a href="/cdn-cgi/l/email-protection#50161313656064103633337e373f26"><span class="__cf_email__" data-cfemail="c5838686f0f5f185a3a6a6eba2aab3">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#3165595e5c50421f745f56715752521f565e47"><span class="__cf_email__" data-cfemail="8edae6e1e3effda0cbe0e9cee8ededa0e9e1f8">[email protected]</span></a>, 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 e-mail at <a href="/cdn-cgi/l/email-protection#ca8c89898a88899a839d8f88e4a9a5a7"><span class="__cf_email__" data-cfemail="094f4a4a494b4a59405e4c4b276a6664">[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#83c5c0c0b6b3b7c3e5e0e0ade4ecf5"><span class="__cf_email__" data-cfemail="22646161171216624441410c454d54">[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.
    The major proposals in the Further Notice of Proposed Rulemaking 
are as follows:
    <bullet> Reinstate into Sec.  90.175 an exemption for 4.9 GHz band 
applications from coordination via a certified frequency coordinator.
    <bullet> Impose a more formal licensee-to-licensee coordination 
requirement on primary fixed links in the 4.9 GHz band.
    <bullet> Correct and clarify the 4.9 GHz band plan:
    <bullet> Amend Sec.  90.1213 by correcting the channel number 14 
bandwidth from five megahertz to one megahertz.
    <bullet> Amend the table in Sec.  90.1213 to list all the center 
frequencies that should be used for every possible channel aggregation 
permitted in the rules.
    <bullet> Make three corrections to Sec.  90.20 of the Commission's 
rules relating to the Public Safety Pool Frequency Table and associated 
limitations:
    <bullet> Amend the Sec.  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.
    <bullet> Amend Sec.  90.20(c)(3) by replacing limitation 38 with 
limitation 10 on nine frequencies.
    <bullet> Amend Sec.  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 co-located 
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 Sec.  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, Sec.  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 Sec.  
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 Sec.  
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, 
Sec.  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,

[[Page 23818]]

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 Sec.  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 Sec.  
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-to-licensee 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-to-point 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 Sec.  
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 
Sec.  90.1209(b) to require applicants for primary fixed stations 
providing point-to-point and point-to-multipoint communications to 
successfully complete the prior coordination procedures of Sec.  
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 Sec.  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 five-megahertz 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 Sec.  90.1213 to list the center frequencies that should 
be requested for

[[Page 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 Sec.  
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 Sec.  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, Sec.  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 Sec.  
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 Sec.  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 Sec.  90.259,'' and Sec.  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 Sec. Sec.  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.
    <bullet> 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.
    <bullet> 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 e-mail to <a href="/cdn-cgi/l/email-protection#93f6f0f5e0d3f5f0f0bdf4fce5"><span class="__cf_email__" data-cfemail="93f6f0f5e0d3f5f0f0bdf4fce5">[email protected]</span></a>, and include the following 
words in the body of the message ``get form.'' A sample form and 
directions will be sent in response.
    <bullet> 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.
    <bullet> The Commission's contractor will receive hand-delivered or 
messenger-delivered 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.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="12747171272226527471713c757d64">[email protected]</a> 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

[[Page 23820]]

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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="197f7a7a597b7a69706e7c7b377a7674">[email protected]</a>. 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:


Sec.  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  72....................
                                       fixed.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

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

[[Page 23821]]



------------------------------------------------------------------------
  Frequencies base and mobile       Mobile only
          (megahertz)                  (MHz)            Channel  name
------------------------------------------------------------------------
 
                              * * * * * * *
463.075........................  468.075..........  MED-4
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    3. Section 90.175 is amended by adding paragraph (j)(19) to read as 
follows:


Sec.  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 Sec. Sec.  
90.1209(b) and 101.103(d) of this chapter.
    4. Section 90.1209 is amended by revising paragraph (b) to read as 
follows:


Sec.  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 Sec.  90.1207 shall be subject to the requirements of Sec.  
101.103(d) of this chapter.
* * * * *
    5. Section 90.1213 is revised to read as follows:


Sec.  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.

------------------------------------------------------------------------
                                                 Bandwidth     Channel
            Center  frequency (MHz)                (MHz)         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:

----------------------------------------------------------------------------------------------------------------
                                                                                       Lower           Upper
            Center frequency (MHz)                    Channel Nos. employed          frequency       frequency
                                                                                       (MHz)           (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
----------------------------------------------------------------------------------------------------------------
\1\ These channels should only be used if all other channels are blocked.

    (2) 10 MHz bandwidth aggregation:

----------------------------------------------------------------------------------------------------------------
                                                                                       Lower           Upper
            Center frequency (MHz)                    Channel Nos. employed          frequency       frequency
                                                                                       (MHz)           (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

[[Page 23822]]

 
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:

----------------------------------------------------------------------------------------------------------------
                                                                                       Lower           Upper
            Center frequency (MHz)                    Channel Nos. employed          frequency       frequency
                                                                                       (MHz)           (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
----------------------------------------------------------------------------------------------------------------
\1\ These channels should only be used if all other channels are blocked.

    (4) 20 MHz bandwidth aggregation:

----------------------------------------------------------------------------------------------------------------
                                                                                       Lower           Upper
            Center frequency (MHz)                    Channel Nos. employed          frequency       frequency
                                                                                       (MHz)           (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
----------------------------------------------------------------------------------------------------------------
\1\ These 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


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