Private Land Mobile Services; 800 MHz Public Safety Interference Proceeding, 6758-6761 [05-2420]
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6758
Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Rules and Regulations
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WT Docket No. 02–55; ET Docket No. 00–
258; ET Docket No. 95–18; RM–9498; RM–
10024; FCC 04–294]
Private Land Mobile Services; 800 MHz
Public Safety Interference Proceeding
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: This document clarifies and
revises the technical and procedural
measures that it adopted in a Report and
Order on July 8, 2004 to address the
ongoing and growing problem of
interference to public safety
communications in the 800 MHz band.
In the Report and Order, the
Commission concluded that a plan
comprised of both long-term and shortterm components represented the most
effective solution to the public safety
interference problem in the 800 MHz
band. Subsequent to the release of the
Report and Order, parties made a series
of ex parte presentations which
provided additional information. The
Commission issued a public notice
soliciting comment on certain ex parte
presentations. Based on this
supplementary record and review of the
document, the Commission believes it
appropriate to make the following
clarifications of, and changes to, the
provisions of the Report and Order and
its accompanying rules. The
Commission believe these changes will
facilitate a more efficient and timely
reconfiguration of the 800 MHz band.
DATES: Effective March 10, 2005.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Brian Marenco,
Brian.Marenco@FCC.gov, Public Safety
and Critical Infrastructure Division,
Wireless Telecommunications Bureau,
(202) 418–0680, or TTY (202) 418–7233.
Legal Information: Roberto Mussenden,
Esq., Roberto.Mussenden@FCC.gov,
Public Safety and Critical Infrastructure
Division, Wireless Telecommunications
Bureau (202) 418–0680, or TTY (202)
418–7233.
SUPPLEMENTARY INFORMATION: This
document summarizes the Federal
Communications Commission’s
Supplemental Order and Order on
Reconsideration (Order), FCC 04–294,
adopted and released on December 22,
2004. The full text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Center, 445 12th Street,
SW., Washington, DC 20554. The
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18:12 Feb 07, 2005
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complete text may be purchased from
the Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street,
SW., Room CY–B402, Washington, DC
20554. The full text may also be
downloaded at: https://www.fcc.gov.
Alternative formats are available to
persons with disabilities by contacting
Brian Millin at (202) 418–7426 or TTY
(202) 418–7365 or at
Brian.Millin@fcc.gov.
1. The Order clarifies and revises
portions of the Report and Order, 69 FR
67823 November 22, 2004, to create an
environment conducive to the efficient
implementation of the 800 MHz band
reconfiguration and operations of 800
MHz band licensees. Specifically, the
Commission:
a. Explicitly requires Nextel to submit
its 700 MHz Guard Band licenses to the
Commission for cancellation.
b. Modifies provisions relating to the
letter of credit to provide that the letter
of credit will serve as a security against
default, and will not constitute the
corpus of band reconfiguration funds
absent a default. We also provide that
up to ten financial institutions may
issue the letter or letters of credit under
certain conditions and provide that we
will consider waiver of the conflict of
interest provisions governing the
Trustee.
c. Clarifies the scope of the
acknowledgment that Nextel must file
with the Commission as part of its
acceptance of the terms and provisions
of the Report and Order.
d. Clarifies the entities from which
Nextel must obtain a Letter of
Cooperation, committing such entities
to make changes necessary to
implement 800 MHz band
reconfiguration.
e. Analyzes more recent and
comprehensive data on the spectrum
holdings of Nextel and revises,
accordingly, the credit Nextel receives
for spectrum it must surrender as part
of the band reconfiguration process.
f. Sets interim received power level
thresholds that non-cellular systems
must maintain in order to claim
protection against unacceptable
interference during band
reconfiguration. These interim threshold
levels will remain in effect until band
reconfiguration in a particular 800 MHz
National Public Safety Planning
Advisory Committee (NPSPAC) region
is complete at which time the threshold
levels adopted in the Report and Order
go into effect.
g. Sets out provisions for abating
interference to public safety systems
that do not meet the interim received
power level thresholds during the
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period in which said interim received
power level thresholds are in effect.
h. Clarifies and amplifies certain
actions falling within the Report and
Order requirement that parties conduct
their relocation negotiations in good
faith.
i. Modifies the eighteen-month
benchmark so that, by that time, Nextel
shall have relocated all non-Nextel and
non-SouthernLINC incumbents from the
former General Category channels 1–120
in at least twenty NPSPAC regions, and
shall have initiated relocation
negotiations with all NPSPAC licensees
in said regions.
j. Clarifies that mobile-only systems
operating on a secondary basis on
former General Category Channels 1–
120 may continue to operate on said
channels on a secondary basis.
k. Clarifies when public safety and
Critical Infrastructure Industry (CII)
licensees gain exclusive access to
channels vacated by ‘‘Enhanced
Specialized Mobile Radio’’ (ESMR)
licensees as a part of band
reconfiguration.
l. Specifies that non-public safety and
non-CII incumbents operating on
Channels 231–260 may continue to
operate on these channels.
m. Clarifies that a Commissioncertified coordinator must coordinate
channels vacated by ESMR licensees
and applied for after completion of band
reconfiguration of a given NPSPAC
region.
n. Declines to impose a two percent
limit on administrative costs associated
with incumbent relocation.
o. Elaborates on the duties and
authority of the Transition
Administrator.
p. Clarifies which Economic Area
(EA) licensees are eligible for relocation
to channels above 817 MHz/862 MHz.
q. Declines to afford relocating
licensees their choice of channels,
provided that they are relocated to
comparable facilities.
r. Declines to require that relocating
licensees be assigned channels in any
particular sequence, leaving such
determinations to the Transition
Administrator.
s. Defines the parameters governing
the voluntary relocation of CMRS
licensees to the Guard Band.
t. Clarifies the extent to which Nextel
may be involved in the physical process
of retuning incumbent systems.
u. Prohibits ‘‘high site’’ systems above
817 MHz/862 MHz.
v. Clarifies that relocation of EA
licensees does not constitute issuance of
‘‘new’’ licenses.
w. Clarifies that license modifications
necessary to implement band
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Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Rules and Regulations
reconfiguration do not implicate the
Commission’s ‘‘unjust enrichment’’ rule.
x. Modifies the rules affecting the
‘‘freeze’’ on 800 MHz license
modification applications during
reconfiguration of a given NPSPAC
region.
y. Clarifies the applicability of Section
22.917 of the Rules to cellular systems
causing interference to 900 MHz
systems.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
2. The action contained herein has
been analyzed with respect to the
Paperwork Reduction Act of 1995 (PRA)
and found to impose no new or
modified reporting or recordkeeping
requirements or burdens to the public,
including businesses with fewer than 25
employees.
3. The Regulatory Flexibility Act
(RFA) requires that an agency prepare a
regulatory flexibility analysis for noticeand-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 ‘‘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 which: (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).
4. In the Order the Commission
clarifies and revises portions of the
Report and Order to further create a
spectrum climate that is conducive to
the efficient implementation of the 800
MHz band reconfiguration and
operations of 800 MHz band licensees.
With regard to the substantive rule
changes, the revision to Section 90.175
is deregulatory as applications filed to
implement band reconfiguration will
not be subject to frequency
coordination. The revision to Section
90.676 applies only to the Transition
Administrator. Changes to Sections
90.613, 90.614, 90.615, 90.617, 90.621,
90.685, and 90.693 are designed to more
accurately reflect the Commission’s 800
MHz band plan. The Commission
certifies, pursuant to the RFA, that the
clarifications and rule changes
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List of Subjects in 47 CFR Part 90
Communications.
B. Supplemental Final Regulatory
Flexibility Certification
VerDate jul<14>2003
contained in this Order will not have a
significant economic impact on a
substantial number of small entities,
including businesses with fewer than 25
employees.
5. The Commission will send a copy
of this Order, including this
Supplemental Final Regulatory
Flexibility Certification, in a report to be
sent to Congress and the General
Accounting Office pursuant to the
Congressional Review Act. See 5 U.S.C.
801(a)(1)(A). In addition the
Commission will send a copy of the
Order including a copy of this
Supplemental Final Regulatory
Flexibility Certification, to the Chief
Counsel for Advocacy of the SBA. See
5 U.S.C. 605(b). A summary of this
Order and this certification will also be
published in the Federal Register.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 90 as
follows:
I
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
1. The authority citation for part 90
continues to read as follows:
I
Authority: Sections 4(i), 11, 303(g), 303(r),
and 302(c)(7) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
2. Section 90.175 is amended by
adding paragraph (j)(7) to read as
follows:
I
§ 90.175 Frequency coordinator
requirements.
*
*
*
*
*
(j) * * *
(7) Applications filed exclusively to
modify channels in accordance with
band reconfiguration in the 806–824/
851–869 MHz band.
*
*
*
*
*
I 3. Section 90.613 is amended by
revising the introductory text to read as
follows:
§ 90.613
Frequencies available.
The following tables indicate the
channel designations of frequencies
available for assignment to eligible
applicants under this subpart.
Frequencies shall be assigned in pairs,
with mobile and control station
transmitting frequencies taken from the
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806–824 MHz band with corresponding
base station frequencies being 45 MHz
higher and taken from the 851–869 MHz
band, or with mobile and control station
frequencies taken from the 896–901
MHz band with corresponding base
station frequencies being 39 MHz higher
and taken from the 935–940 MHz band.
Only the base station transmitting
frequency of each pair is listed in the
following tables. Applicants filing for
channels prior to the announcement of
an application freeze within an 800
MHz NPSPAC region, however, should
specify channels based on the table
listed in § 90.613 (2003).
*
*
*
*
*
I 4. Amend § 90.614 by revising the
introductory text, and paragraphs (a), (b),
and (c) introductory text to read as
follows:
§ 90.614 Cellular and non-cellular portions
of 806–824/851–869 MHz band for nonborder areas.
The 806–824/851–869 MHz band
(‘‘800 MHz band’’) will be divided as
follows at locations farther then 110 km
(68.4 miles) from the U.S./Mexico
border and 140 km (87 miles) from the
U.S./Canadian border (‘‘non-border
areas’’):
(a) 800 MHz cellular systems—as
defined in § 90.7—are prohibited from
operating on channels 1–550 in nonborder areas.
(b) Only ESMR systems—as defined
in § 90.7—are permitted to operate on
channels 551–830 in non-border areas.
(c) In the following counties and
parishes, only ESMR systems—as
defined in § 90.7—are permitted to
operate on channels 411–830.
*
*
*
*
*
I 5. Section 90.615 is revised to read as
follows:
§ 90.615 Individual channels available in
the General Category in 806–824/851–869
MHz band.
The General Category will consist of
channels 231–260 and 511–550 at
locations farther then 110 km (68.4
miles) from the U.S./Mexico border and
140 km (87 miles) from the U.S./
Canadian border. All entities will be
eligible for licensing on these channels
except as described in paragraphs (a)
and (b) of this section.
(a) In a given 800 MHz NPSPAC
region, any channel in the 231–260
range which is vacated by an ESMR
licensee and remains vacant after band
reconfiguration will be available as
follows:
(1) Only to eligible applicants in the
Public Safety Category until three years
after the release of a public notice
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announcing the completion of band
reconfiguration in that region;
(2) Only to eligible applicants in the
Public Safety or Critical Infrastructure
Industry Categories from three to five
years after the release of a public notice
announcing the completion of band
reconfiguration in that region;
(3) To all entities five years after
release of a public notice announcing
the completion of band reconfiguration
in that region.
(b) In a given 800 MHz NPSPAC
region, any channel in the 231–260
range which is vacated by a licensee
relocating to channels 511–550 and
remains vacant after band
reconfiguration will be available as
follows:
(1) Only to eligible applicants in the
Public Safety Category until three years
after the release of a public notice
announcing the completion of band
reconfiguration in that region;
(2) Only to eligible applicants in the
Public Safety or Critical Infrastructure
Industry Categories from three to five
years after the release of a public notice
announcing the completion of band
reconfiguration in that region;
(3) To all entities five years after
release of a public notice announcing
the completion of band reconfiguration
in that region.
(c) Spectrum Block F1 consists of
channels 236–260.
I 6. Section 90.617 is amended by
revising paragraphs (g) and (h) to read as
follows:
§ 90.617 Frequencies in the 809.750–824/
854.750–869 MHz, and 896–901/935–940
MHz bands available for trunked,
conventional or cellular system use in nonborder areas.
*
*
*
*
*
(g) In a given 800 MHz NPSPAC
region, channels below 470 listed in
Tables 2 and 4B which are vacated by
an ESMR licensee and remain vacant
after band reconfiguration will be
available as follows:
(1) Only to eligible applicants in the
Public Safety Category until three years
after the release of a public notice
announcing the completion of band
reconfiguration in that region;
(2) Only to eligible applicants in the
Public Safety or Critical Infrastructure
Industry Categories from three to five
years after the release of a public notice
announcing the completion of band
reconfiguration in that region;
(3) Five years after the release of a
public notice announcing the
completion of band reconfiguration in
that region, these channels revert back
to their original pool categories.
(h) In a given 800 MHz NPSPAC
region, channels below 470 listed in
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18:12 Feb 07, 2005
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Tables 2 and 4B which are vacated by
a licensee relocating to channels 511–
550 and remain vacant after band
reconfiguration will be available as
follows:
(1) Only to eligible applicants in the
Public Safety Category until three years
after the release of a public notice
announcing the completion of band
reconfiguration in that region;
(2) Only to eligible applicants in the
Public Safety or Critical Infrastructure
Industry Categories from three to five
years after the release of a public notice
announcing the completion of band
reconfiguration in that region;
(3) Five years after the release of a
public notice announcing the
completion of band reconfiguration in
that region, these channels revert back
to their original pool categories.
*
*
*
*
*
I 7. Section 90.621 is amended by
revising paragraphs (b) introductory text,
(b)(1) and the text of (b)(3) before the
table to read as follows. The note before
the table in (b)(3) remains unchanged.
§ 90.621 Selection and assignment of
frequencies.
*
*
*
*
*
(b) Stations authorized on frequencies
listed in this subpart, except for those
stations authorized pursuant to
paragraph (g) of this section and EAbased and MTA-based SMR systems,
will be assigned frequencies solely on
the basis of fixed distance separation
criteria. The separation between cochannel systems will be a minimum of
113 km (70 mi) with one exception. For
incumbent licensees in Channel Blocks
F1 through V, that have received the
consent of all affected parties or a
certified frequency coordinator to utilize
an 18 dBµV/m signal strength
interference contour (see § 90.693), the
separation between co-channel systems
will be a minimum of 173 km (107 mi).
The following exceptions to these
separations shall apply:
(1) Except as indicated in paragraph
(b)(4) of this section, no station in
Channel Blocks A through V shall be
less than 169 km (105 mi) distant from
a co-channel station that has been
granted channel exclusivity and
authorized 1 kW ERP on any of the
following mountaintop sites: Santiago
Peak, Sierra Peak, Mount Lukens,
Mount Wilson (California). Except as
indicated in paragraph (b)(4) of this
section, no incumbent licensee in
Channel Blocks F1 through V that has
received the consent of all affected
parties or a certified frequency
coordinator to utilize an 18 dBµV/m
signal strength interference contour
shall be less than 229 km (142 mi)
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Frm 00004
Fmt 4701
Sfmt 4700
distant from a co-channel station that
has been granted channel exclusivity
and authorized 1 kW ERP on any of the
following mountaintop sites: Santiago
Peak, Sierra Peak, Mount Lukens,
Mount Wilson (California).
*
*
*
*
*
(3) Except as indicated in paragraph
(b)(4) of this section, stations in Channel
Blocks A through V that have been
granted channel exclusivity and are
located in the State of Washington at the
locations listed in the table below shall
be separated from co-channel stations
by a minimum of 169 km (105 mi).
Except as indicated in paragraph (b)(4)
of this section, incumbent licensees in
Channel Blocks F1 through V that have
received the consent of all affected
parties or a certified frequency
coordinator to utilize an 18 dBµV/m
signal strength interference contour,
have been granted channel exclusivity
and are located in the State of
Washington at the locations listed in the
table below shall be separated from cochannel stations by a minimum of 229
km (142 mi). Locations within one mile
of the geographical coordinates listed in
the table below will be considered to be
at that site.
*
*
*
*
*
I 8. Section 90.676 is amended by
adding a new paragraph (b)(6) to read as
follows:
§ 90.676 Transition administrator for
reconfiguration of the 806–824/851–869 MHz
band in order to separate cellular systems
from non-cellular systems.
*
*
*
*
*
(b) * * *
(6) Notify the Commission when band
reconfiguration is complete in each 800
MHz NPSPAC Region and identify
which vacant channels are exclusively
available to eligible applicants in the
Public Safety or Critical Infrastructure
Industry Categories as set forth in
§ 90.615(a), (b) and § 90.617(g), (h).
*
*
*
*
*
I 9. Section 90.685 is amended by
revising paragraph (b) to read as follows:
§ 90.685 Authorization, construction and
implementation of EA licenses.
*
*
*
*
*
(b) EA licensees in the 809–824/854–
869 MHz band must, within three years
of the grant of their initial license,
construct and place into operation a
sufficient number of base stations to
provide coverage to at least one-third of
the population of its EA-based service
area. Further, each EA licensee must
provide coverage to at least two-thirds
of the population of the EA-based
service area within five years of the
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Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Rules and Regulations
grant of their initial license. EA-based
licensees may, in the alternative,
provide substantial service to their
markets within five years of the grant of
their initial license. Substantial service
shall be defined as: ‘‘Service which is
sound, favorable, and substantially
above a level of mediocre service.’’
*
*
*
*
*
I 10. Section 90.693 is amended by
revising paragraphs (c), and (d)(2) to read
as follows:
§ 90.693 Grandfathering provisions for
incumbent licensees.
*
*
*
*
*
(c) Special provisions for Spectrum
Blocks F1 through V. Incumbent
licensees that have received the consent
of all affected parties or a certified
frequency coordinator to utilize an 18
dBµV/m signal strength interference
contour shall have their service area
defined by their originally-licensed 36
dBµV/m field strength contour and their
interference contour shall be defined as
their originally-licensed 18 dBµV/m
field strength contour. The ‘‘originallylicensed’’ contour shall be calculated
using the maximum ERP and the actual
HAAT along each radial. Incumbent
licensees seeking to utilize an 18 dBµV/
m signal strength interference contour
shall first seek to obtain the consent of
affected co-channel incumbents. When
the consent of a co-channel licensee is
withheld, an incumbent licensee may
submit to any certified frequency
coordinator an engineering study
showing that interference will not
occur, together with proof that the
incumbent licensee has sought consent.
Incumbent licensees are permitted to
add, remove or modify transmitter sites
within their original 18 dBµV/m field
strength contour without prior
notification to the Commission so long
as their original 18 dBµV/m field
strength contour is not expanded and
the station complies with the
Commission’s short-spacing criteria in
§§ 90.621(b)(4) through 90.621(b)(6).
Incumbent licensee protection extends
only to its 36 dBµV/m signal strength
contour. Pursuant to the minor
modification notification procedure set
forth in § 1.947(b) of this chapter the
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18:12 Feb 07, 2005
Jkt 205001
incumbent licensee must notify the
Commission within 30 days of any
changes in technical parameters or
additional stations constructed that fall
within the short-spacing criteria. See 47
CFR 90.621(b).
(d) * * *
(2) Special Provisions for Spectrum
Blocks F1 through V. Incumbent
licensees that have received the consent
of all affected parties or a certified
frequency coordinator to utilize an 18
dBµV/m signal strength interference
contour operating at multiple sites may,
after grant of EA licenses has been
completed, exchange multiple site
licenses for a single license. This single
site license will authorize operations
throughout the contiguous and
overlapping 36 dBµV/m field strength
contours of the multiple sites.
Incumbents exercising this license
exchange option must submit specific
information on Form 601 for each of
their external base sites after the close
of the 800 SMR auction. The
incumbent’s geographic license area is
defined by the contiguous and
overlapping 18 dBµV/m contours of its
constructed and operational external
base stations and interior sites that are
constructed within the construction
period applicable to the incumbent.
Once the geographic license is issued,
facilities that are added within an
incumbent’s existing footprint and that
are not subject to prior approval by the
Commission will not be subject to
construction requirements.
[FR Doc. 05–2420 Filed 2–7–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 22 and 90
[WT Docket No. 02–55; FCC 04–168]
Improving Public Safety
Communications in the 800 MHz Band
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
PO 00000
Frm 00005
Fmt 4701
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6761
SUMMARY: This document announces
that the information collection
requirements adopted in the 800 MHz
Report and Order are effective upon
publication of this document in the
Federal Register.
47 CFR 22.972, 22.973, 90.674,
90.676, and 90.677, published at 68 FR
67823 (Nov. 22, 2004) are effective
February 8, 2005.
DATES:
John
Evanoff, Esq., Public Safety and Critical
Infrastructure Division, Wireless
Telecommunications Bureau at (202)
418–0680 or via the Internet at
jevanoff@fcc.gov. For additional
information concerning the Paperwork
Reduction Act information collection
requirements, contact Judith B. Herman
at (202) 418–0214.
FOR FURTHER INFORMATION CONTACT:
A
summary of the 800 MHz Report and
Order was published in the Federal
Register on November 22, 2004, 68 FR
67823. The 800 MHz Report and Order
adopted rules designed to abate
interference to public safety entities.
The summary stated that with the
exception of rules requiring OMB
approval, the rules adopted in the 800
MHz Report and Order would become
effective January 21, 2005. With regard
to rules requiring OMB approval, the
Commission stated it will publish a
document in the Federal Register
announcing the effective date of these
rules. The information collection
requirements in §§ 22.972, 22.973,
90.674, 90.675, 90.676 and 90.677 have
been approved by OMB. In a separate
document published in this issue, the
Commission has announced that OMB
has approved the information collection
requirements adopted in the 800 MHz
Report and Order. With publication of
the instant document in the Federal
Register, all rules adopted in the 800
MHz Report and Order are now
effective.
SUPPLEMENTARY INFORMATION:
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–2421 Filed 2–7–05; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\08FER2.SGM
08FER2
Agencies
[Federal Register Volume 70, Number 25 (Tuesday, February 8, 2005)]
[Rules and Regulations]
[Pages 6758-6761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2420]
[[Page 6757]]
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Part III
Federal Communications Commission
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47 CFR Parts 22 and 90
Private Land Mobile Services; 800 MHz Public Safety Interference
Proceeding; Improving Public Safety Communications in the 800 MHz Band;
Public Information Collections Approved by Office of Management and
Budget; Final Rules and Notice
Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 /
Rules and Regulations
[[Page 6758]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18; RM-
9498; RM-10024; FCC 04-294]
Private Land Mobile Services; 800 MHz Public Safety Interference
Proceeding
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document clarifies and revises the technical and
procedural measures that it adopted in a Report and Order on July 8,
2004 to address the ongoing and growing problem of interference to
public safety communications in the 800 MHz band. In the Report and
Order, the Commission concluded that a plan comprised of both long-term
and short-term components represented the most effective solution to
the public safety interference problem in the 800 MHz band. Subsequent
to the release of the Report and Order, parties made a series of ex
parte presentations which provided additional information. The
Commission issued a public notice soliciting comment on certain ex
parte presentations. Based on this supplementary record and review of
the document, the Commission believes it appropriate to make the
following clarifications of, and changes to, the provisions of the
Report and Order and its accompanying rules. The Commission believe
these changes will facilitate a more efficient and timely
reconfiguration of the 800 MHz band.
DATES: Effective March 10, 2005.
FOR FURTHER INFORMATION CONTACT: Technical Information: Brian Marenco,
Brian.Marenco@FCC.gov, Public Safety and Critical Infrastructure
Division, Wireless Telecommunications Bureau, (202) 418-0680, or TTY
(202) 418-7233. Legal Information: Roberto Mussenden, Esq.,
Roberto.Mussenden@FCC.gov, Public Safety and Critical Infrastructure
Division, Wireless Telecommunications Bureau (202) 418-0680, or TTY
(202) 418-7233.
SUPPLEMENTARY INFORMATION: This document summarizes the Federal
Communications Commission's Supplemental Order and Order on
Reconsideration (Order), FCC 04-294, adopted and released on December
22, 2004. The full text of this document is available for inspection
and copying during normal business hours in the FCC Reference Center,
445 12th Street, SW., Washington, DC 20554. The complete text may be
purchased from the Commission's copy contractor, Best Copy and
Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC
20554. The full text may also be downloaded at: https://www.fcc.gov.
Alternative formats are available to persons with disabilities by
contacting Brian Millin at (202) 418-7426 or TTY (202) 418-7365 or at
Brian.Millin@fcc.gov.
1. The Order clarifies and revises portions of the Report and
Order, 69 FR 67823 November 22, 2004, to create an environment
conducive to the efficient implementation of the 800 MHz band
reconfiguration and operations of 800 MHz band licensees. Specifically,
the Commission:
a. Explicitly requires Nextel to submit its 700 MHz Guard Band
licenses to the Commission for cancellation.
b. Modifies provisions relating to the letter of credit to provide
that the letter of credit will serve as a security against default, and
will not constitute the corpus of band reconfiguration funds absent a
default. We also provide that up to ten financial institutions may
issue the letter or letters of credit under certain conditions and
provide that we will consider waiver of the conflict of interest
provisions governing the Trustee.
c. Clarifies the scope of the acknowledgment that Nextel must file
with the Commission as part of its acceptance of the terms and
provisions of the Report and Order.
d. Clarifies the entities from which Nextel must obtain a Letter of
Cooperation, committing such entities to make changes necessary to
implement 800 MHz band reconfiguration.
e. Analyzes more recent and comprehensive data on the spectrum
holdings of Nextel and revises, accordingly, the credit Nextel receives
for spectrum it must surrender as part of the band reconfiguration
process.
f. Sets interim received power level thresholds that non-cellular
systems must maintain in order to claim protection against unacceptable
interference during band reconfiguration. These interim threshold
levels will remain in effect until band reconfiguration in a particular
800 MHz National Public Safety Planning Advisory Committee (NPSPAC)
region is complete at which time the threshold levels adopted in the
Report and Order go into effect.
g. Sets out provisions for abating interference to public safety
systems that do not meet the interim received power level thresholds
during the period in which said interim received power level thresholds
are in effect.
h. Clarifies and amplifies certain actions falling within the
Report and Order requirement that parties conduct their relocation
negotiations in good faith.
i. Modifies the eighteen-month benchmark so that, by that time,
Nextel shall have relocated all non-Nextel and non-SouthernLINC
incumbents from the former General Category channels 1-120 in at least
twenty NPSPAC regions, and shall have initiated relocation negotiations
with all NPSPAC licensees in said regions.
j. Clarifies that mobile-only systems operating on a secondary
basis on former General Category Channels 1-120 may continue to operate
on said channels on a secondary basis.
k. Clarifies when public safety and Critical Infrastructure
Industry (CII) licensees gain exclusive access to channels vacated by
``Enhanced Specialized Mobile Radio'' (ESMR) licensees as a part of
band reconfiguration.
l. Specifies that non-public safety and non-CII incumbents
operating on Channels 231-260 may continue to operate on these
channels.
m. Clarifies that a Commission-certified coordinator must
coordinate channels vacated by ESMR licensees and applied for after
completion of band reconfiguration of a given NPSPAC region.
n. Declines to impose a two percent limit on administrative costs
associated with incumbent relocation.
o. Elaborates on the duties and authority of the Transition
Administrator.
p. Clarifies which Economic Area (EA) licensees are eligible for
relocation to channels above 817 MHz/862 MHz.
q. Declines to afford relocating licensees their choice of
channels, provided that they are relocated to comparable facilities.
r. Declines to require that relocating licensees be assigned
channels in any particular sequence, leaving such determinations to the
Transition Administrator.
s. Defines the parameters governing the voluntary relocation of
CMRS licensees to the Guard Band.
t. Clarifies the extent to which Nextel may be involved in the
physical process of retuning incumbent systems.
u. Prohibits ``high site'' systems above 817 MHz/862 MHz.
v. Clarifies that relocation of EA licensees does not constitute
issuance of ``new'' licenses.
w. Clarifies that license modifications necessary to implement band
[[Page 6759]]
reconfiguration do not implicate the Commission's ``unjust enrichment''
rule.
x. Modifies the rules affecting the ``freeze'' on 800 MHz license
modification applications during reconfiguration of a given NPSPAC
region.
y. Clarifies the applicability of Section 22.917 of the Rules to
cellular systems causing interference to 900 MHz systems.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
2. The action contained herein has been analyzed with respect to
the Paperwork Reduction Act of 1995 (PRA) and found to impose no new or
modified reporting or recordkeeping requirements or burdens to the
public, including businesses with fewer than 25 employees.
B. Supplemental Final Regulatory Flexibility Certification
3. The Regulatory Flexibility Act (RFA) requires that an agency
prepare a regulatory flexibility analysis 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
``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 which: (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).
4. In the Order the Commission clarifies and revises portions of
the Report and Order to further create a spectrum climate that is
conducive to the efficient implementation of the 800 MHz band
reconfiguration and operations of 800 MHz band licensees. With regard
to the substantive rule changes, the revision to Section 90.175 is
deregulatory as applications filed to implement band reconfiguration
will not be subject to frequency coordination. The revision to Section
90.676 applies only to the Transition Administrator. Changes to
Sections 90.613, 90.614, 90.615, 90.617, 90.621, 90.685, and 90.693 are
designed to more accurately reflect the Commission's 800 MHz band plan.
The Commission certifies, pursuant to the RFA, that the clarifications
and rule changes contained in this Order will not have a significant
economic impact on a substantial number of small entities, including
businesses with fewer than 25 employees.
5. The Commission will send a copy of this Order, including this
Supplemental Final Regulatory Flexibility Certification, in a report to
be sent to Congress and the General Accounting Office pursuant to the
Congressional Review Act. See 5 U.S.C. 801(a)(1)(A). In addition the
Commission will send a copy of the Order including a copy of this
Supplemental Final Regulatory Flexibility Certification, to the Chief
Counsel for Advocacy of the SBA. See 5 U.S.C. 605(b). A summary of this
Order and this certification will also be published in the Federal
Register.
List of Subjects in 47 CFR Part 90
Communications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 90 as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
1. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 302(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
0
2. Section 90.175 is amended by adding paragraph (j)(7) to read as
follows:
Sec. 90.175 Frequency coordinator requirements.
* * * * *
(j) * * *
(7) Applications filed exclusively to modify channels in accordance
with band reconfiguration in the 806-824/851-869 MHz band.
* * * * *
0
3. Section 90.613 is amended by revising the introductory text to read
as follows:
Sec. 90.613 Frequencies available.
The following tables indicate the channel designations of
frequencies available for assignment to eligible applicants under this
subpart. Frequencies shall be assigned in pairs, with mobile and
control station transmitting frequencies taken from the 806-824 MHz
band with corresponding base station frequencies being 45 MHz higher
and taken from the 851-869 MHz band, or with mobile and control station
frequencies taken from the 896-901 MHz band with corresponding base
station frequencies being 39 MHz higher and taken from the 935-940 MHz
band. Only the base station transmitting frequency of each pair is
listed in the following tables. Applicants filing for channels prior to
the announcement of an application freeze within an 800 MHz NPSPAC
region, however, should specify channels based on the table listed in
Sec. 90.613 (2003).
* * * * *
0
4. Amend Sec. 90.614 by revising the introductory text, and paragraphs
(a), (b), and (c) introductory text to read as follows:
Sec. 90.614 Cellular and non-cellular portions of 806-824/851-869 MHz
band for non-border areas.
The 806-824/851-869 MHz band (``800 MHz band'') will be divided as
follows at locations farther then 110 km (68.4 miles) from the U.S./
Mexico border and 140 km (87 miles) from the U.S./Canadian border
(``non-border areas''):
(a) 800 MHz cellular systems--as defined in Sec. 90.7--are
prohibited from operating on channels 1-550 in non-border areas.
(b) Only ESMR systems--as defined in Sec. 90.7--are permitted to
operate on channels 551-830 in non-border areas.
(c) In the following counties and parishes, only ESMR systems--as
defined in Sec. 90.7--are permitted to operate on channels 411-830.
* * * * *
0
5. Section 90.615 is revised to read as follows:
Sec. 90.615 Individual channels available in the General Category in
806-824/851-869 MHz band.
The General Category will consist of channels 231-260 and 511-550
at locations farther then 110 km (68.4 miles) from the U.S./Mexico
border and 140 km (87 miles) from the U.S./Canadian border. All
entities will be eligible for licensing on these channels except as
described in paragraphs (a) and (b) of this section.
(a) In a given 800 MHz NPSPAC region, any channel in the 231-260
range which is vacated by an ESMR licensee and remains vacant after
band reconfiguration will be available as follows:
(1) Only to eligible applicants in the Public Safety Category until
three years after the release of a public notice
[[Page 6760]]
announcing the completion of band reconfiguration in that region;
(2) Only to eligible applicants in the Public Safety or Critical
Infrastructure Industry Categories from three to five years after the
release of a public notice announcing the completion of band
reconfiguration in that region;
(3) To all entities five years after release of a public notice
announcing the completion of band reconfiguration in that region.
(b) In a given 800 MHz NPSPAC region, any channel in the 231-260
range which is vacated by a licensee relocating to channels 511-550 and
remains vacant after band reconfiguration will be available as follows:
(1) Only to eligible applicants in the Public Safety Category until
three years after the release of a public notice announcing the
completion of band reconfiguration in that region;
(2) Only to eligible applicants in the Public Safety or Critical
Infrastructure Industry Categories from three to five years after the
release of a public notice announcing the completion of band
reconfiguration in that region;
(3) To all entities five years after release of a public notice
announcing the completion of band reconfiguration in that region.
(c) Spectrum Block F1 consists of channels 236-260.
0
6. Section 90.617 is amended by revising paragraphs (g) and (h) to read
as follows:
Sec. 90.617 Frequencies in the 809.750-824/854.750-869 MHz, and 896-
901/935-940 MHz bands available for trunked, conventional or cellular
system use in non-border areas.
* * * * *
(g) In a given 800 MHz NPSPAC region, channels below 470 listed in
Tables 2 and 4B which are vacated by an ESMR licensee and remain vacant
after band reconfiguration will be available as follows:
(1) Only to eligible applicants in the Public Safety Category until
three years after the release of a public notice announcing the
completion of band reconfiguration in that region;
(2) Only to eligible applicants in the Public Safety or Critical
Infrastructure Industry Categories from three to five years after the
release of a public notice announcing the completion of band
reconfiguration in that region;
(3) Five years after the release of a public notice announcing the
completion of band reconfiguration in that region, these channels
revert back to their original pool categories.
(h) In a given 800 MHz NPSPAC region, channels below 470 listed in
Tables 2 and 4B which are vacated by a licensee relocating to channels
511-550 and remain vacant after band reconfiguration will be available
as follows:
(1) Only to eligible applicants in the Public Safety Category until
three years after the release of a public notice announcing the
completion of band reconfiguration in that region;
(2) Only to eligible applicants in the Public Safety or Critical
Infrastructure Industry Categories from three to five years after the
release of a public notice announcing the completion of band
reconfiguration in that region;
(3) Five years after the release of a public notice announcing the
completion of band reconfiguration in that region, these channels
revert back to their original pool categories.
* * * * *
0
7. Section 90.621 is amended by revising paragraphs (b) introductory
text, (b)(1) and the text of (b)(3) before the table to read as
follows. The note before the table in (b)(3) remains unchanged.
Sec. 90.621 Selection and assignment of frequencies.
* * * * *
(b) Stations authorized on frequencies listed in this subpart,
except for those stations authorized pursuant to paragraph (g) of this
section and EA-based and MTA-based SMR systems, will be assigned
frequencies solely on the basis of fixed distance separation criteria.
The separation between co-channel systems will be a minimum of 113 km
(70 mi) with one exception. For incumbent licensees in Channel Blocks
F1 through V, that have received the consent of all affected parties or
a certified frequency coordinator to utilize an 18 dB[mu]V/m signal
strength interference contour (see Sec. 90.693), the separation
between co-channel systems will be a minimum of 173 km (107 mi). The
following exceptions to these separations shall apply:
(1) Except as indicated in paragraph (b)(4) of this section, no
station in Channel Blocks A through V shall be less than 169 km (105
mi) distant from a co-channel station that has been granted channel
exclusivity and authorized 1 kW ERP on any of the following mountaintop
sites: Santiago Peak, Sierra Peak, Mount Lukens, Mount Wilson
(California). Except as indicated in paragraph (b)(4) of this section,
no incumbent licensee in Channel Blocks F1 through V that has received
the consent of all affected parties or a certified frequency
coordinator to utilize an 18 dB[mu]V/m signal strength interference
contour shall be less than 229 km (142 mi) distant from a co-channel
station that has been granted channel exclusivity and authorized 1 kW
ERP on any of the following mountaintop sites: Santiago Peak, Sierra
Peak, Mount Lukens, Mount Wilson (California).
* * * * *
(3) Except as indicated in paragraph (b)(4) of this section,
stations in Channel Blocks A through V that have been granted channel
exclusivity and are located in the State of Washington at the locations
listed in the table below shall be separated from co-channel stations
by a minimum of 169 km (105 mi). Except as indicated in paragraph
(b)(4) of this section, incumbent licensees in Channel Blocks F1
through V that have received the consent of all affected parties or a
certified frequency coordinator to utilize an 18 dB[mu]V/m signal
strength interference contour, have been granted channel exclusivity
and are located in the State of Washington at the locations listed in
the table below shall be separated from co-channel stations by a
minimum of 229 km (142 mi). Locations within one mile of the
geographical coordinates listed in the table below will be considered
to be at that site.
* * * * *
0
8. Section 90.676 is amended by adding a new paragraph (b)(6) to read
as follows:
Sec. 90.676 Transition administrator for reconfiguration of the 806-
824/851-869 MHz band in order to separate cellular systems from non-
cellular systems.
* * * * *
(b) * * *
(6) Notify the Commission when band reconfiguration is complete in
each 800 MHz NPSPAC Region and identify which vacant channels are
exclusively available to eligible applicants in the Public Safety or
Critical Infrastructure Industry Categories as set forth in Sec.
90.615(a), (b) and Sec. 90.617(g), (h).
* * * * *
0
9. Section 90.685 is amended by revising paragraph (b) to read as
follows:
Sec. 90.685 Authorization, construction and implementation of EA
licenses.
* * * * *
(b) EA licensees in the 809-824/854-869 MHz band must, within three
years of the grant of their initial license, construct and place into
operation a sufficient number of base stations to provide coverage to
at least one-third of the population of its EA-based service area.
Further, each EA licensee must provide coverage to at least two-thirds
of the population of the EA-based service area within five years of the
[[Page 6761]]
grant of their initial license. EA-based licensees may, in the
alternative, provide substantial service to their markets within five
years of the grant of their initial license. Substantial service shall
be defined as: ``Service which is sound, favorable, and substantially
above a level of mediocre service.''
* * * * *
0
10. Section 90.693 is amended by revising paragraphs (c), and (d)(2) to
read as follows:
Sec. 90.693 Grandfathering provisions for incumbent licensees.
* * * * *
(c) Special provisions for Spectrum Blocks F1 through V. Incumbent
licensees that have received the consent of all affected parties or a
certified frequency coordinator to utilize an 18 dB[mu]V/m signal
strength interference contour shall have their service area defined by
their originally-licensed 36 dB[mu]V/m field strength contour and their
interference contour shall be defined as their originally-licensed 18
dB[mu]V/m field strength contour. The ``originally-licensed'' contour
shall be calculated using the maximum ERP and the actual HAAT along
each radial. Incumbent licensees seeking to utilize an 18 dB[mu]V/m
signal strength interference contour shall first seek to obtain the
consent of affected co-channel incumbents. When the consent of a co-
channel licensee is withheld, an incumbent licensee may submit to any
certified frequency coordinator an engineering study showing that
interference will not occur, together with proof that the incumbent
licensee has sought consent. Incumbent licensees are permitted to add,
remove or modify transmitter sites within their original 18 dB[mu]V/m
field strength contour without prior notification to the Commission so
long as their original 18 dB[mu]V/m field strength contour is not
expanded and the station complies with the Commission's short-spacing
criteria in Sec. Sec. 90.621(b)(4) through 90.621(b)(6). Incumbent
licensee protection extends only to its 36 dB[mu]V/m signal strength
contour. Pursuant to the minor modification notification procedure set
forth in Sec. 1.947(b) of this chapter the incumbent licensee must
notify the Commission within 30 days of any changes in technical
parameters or additional stations constructed that fall within the
short-spacing criteria. See 47 CFR 90.621(b).
(d) * * *
(2) Special Provisions for Spectrum Blocks F1 through V. Incumbent
licensees that have received the consent of all affected parties or a
certified frequency coordinator to utilize an 18 dB[mu]V/m signal
strength interference contour operating at multiple sites may, after
grant of EA licenses has been completed, exchange multiple site
licenses for a single license. This single site license will authorize
operations throughout the contiguous and overlapping 36 dB[mu]V/m field
strength contours of the multiple sites. Incumbents exercising this
license exchange option must submit specific information on Form 601
for each of their external base sites after the close of the 800 SMR
auction. The incumbent's geographic license area is defined by the
contiguous and overlapping 18 dB[mu]V/m contours of its constructed and
operational external base stations and interior sites that are
constructed within the construction period applicable to the incumbent.
Once the geographic license is issued, facilities that are added within
an incumbent's existing footprint and that are not subject to prior
approval by the Commission will not be subject to construction
requirements.
[FR Doc. 05-2420 Filed 2-7-05; 8:45 am]
BILLING CODE 6712-01-P