Narrowbanding for Private Land Mobile Radio Service, 21652-21663 [05-8338]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Rules and Regulations]
[Pages 21652-21663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8338]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 90

[ET Docket No. 04-243; FCC 05-69]


Narrowbanding for Private Land Mobile Radio Service

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document specifies the procedures by which forty Private 
Land Mobile Radio (PLMR) channels, which are located in frequency bands 
that are allocated primarily for Federal use, are to transition to 
narrower, more spectrally efficient channels in a process commonly 
known as ``narrowbanding.'' We take this action because the National 
Telecommunications and Information Administration (NTIA) has adopted a 
more rapid narrowbanding schedule in the 150.05-150.8 MHz, the 
162.0125-173.2 MHz and 173.4-174 MHz (162-174 MHz), and the 406.1-420 
MHz bands (collectively, the Federal bands) than the Commission has 
required for its licensees.

DATES: Effective May 27, 2005.

FOR FURTHER INFORMATION CONTACT: Tom Mooring, Policy and Rules 
Division, Office of Engineering and Technology, (202) 418-2450, 
Tom.Mooring@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, ET Docket No. 04-243, FCC 05-69, adopted on March 10, 2005, 
and released on March 11, 2005. The full text of this document is 
available on the Commission's Internet site at https://www.fcc.gov. It 
is also available for inspection and copying during regular business 
hours in the FCC Reference Center (Room CY-A257), 445 12th Street., 
SW., Washington, DC 20554. The full text of this document also may be 
purchased from the Commission's duplication contractor, Best Copy and 
Printing Inc., Portals II, 445 12th St., SW., Room CY-B402, Washington, 
DC 20554; telephone (202) 488-5300; fax (202) 488-5563; e-mail 
FCC@BCPIWEB.COM.

Summary of the Report and Order

    1. The Commission amended parts 2 and 90 of its rules to revise our 
transition plan for primary and secondary PLMR operations in certain 
Federal bands. The Commission concluded that these actions will provide 
for an orderly transition from wideband (25 kHz channels) to narrowband 
(12.5 kHz channels) operations, increase spectrum efficiency, maintain 
compatibility with Federal operations, permit PLMR licensees to operate 
using existing equipment with greater confidence that their critical 
operations will not be suddenly required to cease transmissions, and 
significantly reduce the probability that wideband PLMR operations will 
interfere with new Federal operations. Specifically, the Commission 
narrowbanded 25 Hydrological and Meteorological (Hydro) channels, nine 
Forest Firefighting and Conservation channels (two of these channels 
are available to conservation agencies, while all nine are available 
for firefighting use), two Public Safety channels, three medical

[[Page 21653]]

radiocommunication system channels (MED channels), and one channel for 
Stolen Vehicle Recovery System (SVRS). In addition, the Commission 
added 23 Hydro channels to the rules, removed six Hydro channels (only 
four of which are currently licensed) from our rules, and will no 
longer license two MED channels.
    2. The transition plan that was adopted today refines certain 
aspects of the Commission's larger narrowbanding policies, most 
recently modified in the Narrowbanding Third MO&O in the Refarming 
Proceeding, FCC 04-292, 19 FCC Rcd 25045 (2004), in the following ways:

Primary Operations

     As of the effective date of the Report and Order, the 
Commission limited new MED channel stations that use the frequencies 
150.775 MHz and 150.790 MHz to a transmitter output power of 100 watts 
Effective Radiated Power (ERP). New wideband systems on these 
frequencies will be authorized on a primary basis until January 1, 
2008. Wideband systems licensed prior to January 1, 2008, may be 
expanded until January 1, 2011, and may continue to operate on a 
primary basis until January 1, 2013, at which time wideband 
transmissions must cease;
     As of the effective date of the Report and Order, the 
Commission will not accept applications or issue licenses for new 
wideband systems that use the MED channel frequency 163.250 MHz. 
Existing wideband systems on this frequency may be expanded until 
January 1, 2011, and may continue to operate on a primary basis until 
January 1, 2013, at which time wideband transmissions must cease. The 
Commission will not narrowband the non-Federal MED channel paging 
frequency 152.0075 MHz;
     On a going-forward basis, new non-Federal operations on 
the three MED channel frequencies in the Federal band (150.775 MHz, 
150.790 MHz, and 163.250 MHz) will be limited to medical 
radiocommunication systems;
     As of the effective date of the Report and Order, the 
Commission will no longer issue new licenses for the frequencies 
150.7825 MHz and 150.7975 MHz. However, the Commission will continue to 
renew existing licenses on these channels indefinitely; and
     The existing SVRS system operated by the LoJack 
Corporation (LoJack) and police licensees may continue wideband 
operations until 14 years after the effective date of the Report and 
Order, at which time wideband transmissions must cease. Any new SVRS 
licensee that begins service after the effective date of the Report and 
Order must operate a narrowband system.

Secondary Operations

     The Commission revised its Hydro channel plan by adding 23 
channels and by deleting six channels in order to make it consistent 
with NTIA's plan, and the Commission included the Hydro channels in the 
406.1-420 MHz band in our transition plan to 12.5 kHz channels;
     Existing Hydro channel licensees, which operate on 
frequencies that are being removed from the Hydro Plan (171.975 MHz, 
409.675 MHz, 409.725 MHz, and 412.625 MHz), must migrate to a center 
frequency that is available under the new Hydro channel plan on a 
timetable that is recommended by the Hydro Committee, agreed to by 
NTIA, and approved by the FCC;
     As of the effective date of the Report and Order, the 
Commission will not accept applications or issue licenses for new 
wideband stations for channels whose operation is permitted on a 
secondary basis (Hydro, Forest Firefighting and Conservation, and the 
Public Safety channels) in the 162-174 MHz band.
     New wideband Hydro stations in the 406.1-420 MHz band will 
be authorized on a secondary basis until January 1, 2008.
     Existing wideband systems in the 162-174 MHz band that 
operate on a secondary basis may be expanded until January 1, 2011, and 
may continue to operate until January 1, 2013, at which time wideband 
operations must cease. However, these licensees must modify or 
discontinue their operations if, at any time, their operations cause 
interference to new Federal operations,
     Existing wideband Hydro systems in the 406.1-420 MHz band 
may be expanded until January 1, 2011, and may continue to operate 
until January 1, 2013, at which time wideband operations must cease. 
However, these licensees must modify or discontinue their operations 
if, at any time after January 1, 2008, their operations cause 
interference to new Federal operations; and

Coordination With Radio Astronomy

     The Commission revised the list of radio astronomy 
observatories and the associated areas where prior coordination for 
fixed operations is required, and modified the power limit for stations 
in the fixed and mobile services in order to better protect the radio 
astronomy service (RAS) in the 406.1-410 MHz band.
    3. Refining the Commission's Narrowbanding Proceedures for the 
Federal Bands. The Commission adopted proposals, as modified to reflect 
the narrowbanding dates as modified by the Narrowbanding Third MO&O. As 
an initial matter, the Commission included the 406.1-420 MHz band in 
our transition plan to narrowband channels. No commenters addressed 
this proposal. The Commission concluded that action is necessary to 
address the federal narrowbanding matters in a complete and 
comprehensive manner, and because secondary users in these bands will 
be directly affected by the Federal narrowbanding efforts and Hydro 
channel plan modifications. Also, by providing a narrowbanding 
procedure for existing non-Federal Hydro operations in the band, the 
Commission will aid the Hydro Committee in its efforts to make the most 
efficient use of the new channel plan. Those actions that we proposed 
to take effect on January 1, 2005, will necessarily instead be tied to 
the effective date of the Report and Order.
    4. For new stations in the Federal bands the Commission adopted 
deadlines, as proposed in this proceeding, Notice of Proposed Rule 
Making (NPRM), FCC 04-156, 69 FR 46462, August 3, 2004, that align with 
Federal narrowbanding requirements: As of the effective date of this 
Report and Order, the Commission will not accept applications or issue 
licenses for new wideband Hydro, Forest Firefighting and Conservation, 
Public Safety, and MED channel systems in the 162-174 MHz band. The 
Commission will authorize new wideband operations for the MED channel 
frequencies 150.775 MHz and 150.790 MHz and Hydro channels in the 
406.1-420 MHz band only until January 1, 2008. Although, the Commission 
does not believe that NTIA will generally agree to waiver requests for 
wideband operations in the Federal bands, we will consider granting 
wideband applications after these dates, if accompanied by a waiver 
request, in the following circumstances: for Forest Firefighting and 
Conservation channels, if a waiver has been recommended by a sponsoring 
Federal agency and if NTIA agrees with the recommendation; and for 
public safety use of the frequency 166.25 MHz and 170.15 MHz, if NTIA 
agrees to the grant of the waiver application. In addition, the 
Commission recognizes the role of the Hydro Committee in promoting 
efficient use of the Hydro channels by both Federal agencies and non-
Federal licensees, and realizes that the Hydro Committee is in the best 
position to recommend the narrowband transition

[[Page 21654]]

cycle for specific Hydro channel users. As such, the Commission intend 
to support applications for new wideband channels after the Federal 
wideband cut-off dates, if such a grant is recommended by the Hydro 
Committee and is accompanied by NTIA's concurrence.
    5. The Commission concluded that the deadlines are necessary and 
appropriate for the class of Commission licensees that maintain 
operations on these Federal bands, particularly in light of NTIA's 
policy to no longer authorize wideband assignments. Although the 
International Municipal Signal Association and the International 
Association of Fire Chiefs, Inc. (IMSA/IAFC) request that the 
Commission employ a 2018 cut-off date for new wideband applications in 
the two primary MED channels might have short-term financial benefits 
for budget-constrained agencies, doing so would compromise NTIA's 
efforts to expand the band by adding efficient new narrowband channels, 
would create even greater disparities between Federal and non-Federal 
operations in the band, and would not change the ultimate transition to 
narrowband channels. Moreover, the 2008 cut-off for new wideband 
stations still allows applicants for Commission licenses in the band to 
take account of the narrowbanding requirement adopted today prior to 
deciding whether to seek use of those two channels for new facilities.
    6. For existing wideband systems operating in the Federal bands, 
the Commission will maintain the January 1, 2011 deadline for system 
expansions and the January 1, 2013 as the date by which all licensees 
must migrate completely to 12.5 kHz narrowband technology. This action 
reflects the deadlines recently adopted in the Narrowbanding Third 
MO&O.
    7. The Commission will continue to recognize primary status for MED 
channels in the Federal bands that are listed in footnote US216 
(150.775 MHz, 150.790 MHz and 163.250 MHz) and it will continue to 
treat these MED channels in a similar manner to all other primary land 
mobile licensees under the Commission's jurisdiction. Users of these 
channels still must narrowband their operations by the same January 1, 
2013 deadline the Commission has established for all other licensees in 
the Federal bands. Our approach preserves our traditional first-in-time 
policy by which the first licensed entity does not have to modify its 
operations but instead maintains a primary status in relation to 
subsequently licensed entities. Under this policy, an existing wideband 
MED channel operation is entitled to protection from interference from 
new Federal operations and non-Federal licensees that subsequently 
begin operations in the band, and will not need to modify existing 
operations to prevent interference to these new entrants. The 
Commission expects that NTIA will protect these wideband operations 
from harmful interference from new or modified Federal operations in 
the band until the January 1, 2013, narrowbanding date.
    8. For existing licensees operating in the Federal bands on a 
secondary basis `` specifically, users of the Hydro, Forest 
Firefighting and Conservation, and the Public Safety channels--the 
Commission notes that NTIA may now authorize new Federal operations in 
the 162-174 MHz band on channels that are only 12.5 kHz away from the 
center frequencies of non-Federal licenses. After January 1, 2008, NTIA 
may authorize new Federal operations in the 406.1-420 MHz bands that 
are only 12.5 kHz away from the center frequencies of non-Federal Hydro 
stations that operate on a secondary basis. Thus, while the Commission 
will permit these licensees to continue to operate on wideband channels 
on a non-interference basis until as late as 2013, it emphasize that 
they must modify or discontinue wideband operations if, at any time 
(for the 162-174 MHz band), and at any time after January 1, 2008 (for 
the 406-416 MHz band), they cause interference to new Federal 
operations. Once a Federal agency begins narrowband operations, these 
non-Federal licensees must be prepared to accept harmful interference, 
and will be subject to termination if harmful interference is caused to 
Federal operations. Termination of operations will be required 
regardless of the length of advance notice, as well as in cases where 
we are unable to provide advance notice. The Commission will, of 
course, closely work with NTIA under the auspices of the FAS of the 
IRAC to provide as much advance notice as possible to non-Federal 
licensees that a proposed Federal assignment has been filed with NTIA.
    9. Consistent with the Commission's decision in the Narrowbanding 
Third MO&O, we will not narrowband the MED channel at 152.0075 MHz, 
which is used for paging. This channel is within a band that is 
allocated primarily for non-Federal use, is not subject to NTIA's 
narrowbanding efforts, and thus will continue to follow the 
Commission's Rules regarding paging operations. In the Narrowbanding 
Third MO&O, the Commission stated that paging channels are neither 
congested nor do they typically create interference problems given, for 
example, their relatively short duty cycle. The Commission agree with 
the 152 MHz Paging Commenters that there are benefits to retaining 
wideband operations on this channel, and conclude that such benefits 
outweigh any benefits that would be realized from narrowbanding all 
frequencies used by medical radiocommunication systems.
    10. The Commission will, include the MED channel at 163.250 MHz in 
its narrowbanding requirements. The Commission distinguished this 
channel from other paging channels because it operates within the 
Federal bands, and note that NTIA did not grant Federal agencies a 
paging exemption in its narrowbanding plan. The Department of Veterans 
Affairs (VA) is currently moving to narrowband its paging operations to 
meet NTIA's mandated narrowbanding schedule. Given our desire to limit 
the potential for interference between existing licensees and new NTIA-
approved operations on a channel used for important medical paging 
applications, the Commission concluded that it is appropriate for us to 
apply the January 1, 2013 narrowbanding deadlines to this channel. The 
Commission noted, however, that any wideband operations on this channel 
are subject to termination if harmful interference is caused to Federal 
operations.
    11. Lastly, the Commission found that it is unnecessary and 
potentially detrimental to our narrowbanding efforts to require that 
non-Federal licensees to use 6.25 kHz channels in the Federal bands in 
advance of Federal agencies at this time, and will modify our rules 
accordingly. The Commission see no advantage to this requirement in the 
Federal bands, given the uncertainty as to if or when Federal entities 
will begin using 6.25 kHz channels.
    12. MED Channels (US216). The Commission will no longer license 
non-Federal stations on the frequencies 150.7825 MHz and 150.7975 MHz. 
These frequencies, which were never incorporated into footnote US216, 
lie within the Federal military band and additional authorizations 
would limit the future deployment of vital military systems. IMSA/IAFC 
objects to this proposal, noting that these channels have been used by 
public safety licensees in many large cities and concluding that such 
use ``far outweighs'' the public gain in limiting use of the channels. 
The Commission disagree. Because these channels were not part of the 
original 1974 agreement with NTIA, but were instead only recently 
licensed to non-Federal applicants as part of the Refarming

[[Page 21655]]

Proceeding, and because of NTIA's interest in making the band available 
for narrowband Federal systems--including those used by the military--
the Commission conclude that the discontinuance of new licensing of 
these frequencies will benefit the public good by allowing vital new 
Federal systems to deploy. The Commission will permit the existing 
mobile stations that are authorized as of effective date of this Report 
and Order to use the frequencies 150.7825 MHz and 150.7975 MHz 
indefinitely with their current usage designation.
    13. The Commission adopted its proposal to revise footnote US216 to 
list the available frequencies (152.0075 MHz and 163.250 MHz) in lieu 
of the 152-152.0150 MHz and 163.2375-163.2625 MHz bands. No party 
commented on this proposal. It also revised, in concurrence with NTIA, 
the two non-Federal bands at 460 MHz in footnote US216 in order to 
align the non-Federal 460 MHz bands in footnote US216 with the 
Commission's revised Rules and to formally provide Federal agencies 
access to all 30 of the new MED channels in the 463 MHz and 468 MHz 
bands. These revisions to footnote US216 are included in the final 
rules.
    14. With respect to new licenses on the mobile channels 150.775 MHz 
and 150.790 MHz and the paging channel 163.250 in the Federal band, the 
Commission adopted its proposal to implement, on a going forward basis, 
the footnote US216 requirement that the use of these channels be 
limited to medical radiocommunications systems. This action will 
support Federal users that have made and implemented spectrum usage 
plans based on the text of the footnote, and will have the added 
benefit of harmonizing use of these channels with the concept of 
medical radiocommunications systems as it was first adopted in 1974. 
The Commission notes that several commenters opposed this change. While 
it recognizes that the current usage practice is beneficial in that it 
permits a broad range of medical and public safety uses of the 
frequencies, the Commission cannot reconcile an expansion of such use 
with our obligation to Federal users that it license these frequencies 
in the Federal bands on a limited basis for medical radiocommunications 
systems, as reflected in footnote US216. The Commission will, with the 
concurrence of NTIA, permit existing licensees to continue even if such 
operations are not restricted to medical radiocommunications systems 
operations. Also, the Commission will not change the existing frequency 
coordinator for the paging channel frequencies, as proposed in the 
NPRM.
    15. The Commission is limiting all operations on the mobile 
channels for licenses issued after the effective date of this Report 
and Order to a maximum output power of 100 watts ERP. IMSA/IAFC 
objected to the Commission's proposal to limit the transmitter output 
power of the mobile channels to 2.5 watts, arguing that these channels 
provide needed frequency separation from the primary Public Safety 
allocation for two-frequency repeater operations. A general review of 
our licensing data indicates that mobile stations operating on these 
frequencies have been authorized an output power between 2.5 and 200 
watts ERP, but with the majority in the range of 30 to 100 watts. The 
Commission continues to believe that we must take steps to harmonize 
non-Federal use of the mobile channels, and that it should work to 
complement rather than frustrate NTIA's narrowbanding efforts in the 
Federal bands. However, the Commission is also cognizant of the 
difficult funding challenges faced by public safety users of these 
frequencies, recognize the important work these entities routinely 
undertake, and appreciate the intensive use of these bands as described 
in IMSA/IAFC's comments. The 100 watt limit established for new 
licenses caps these channels at a lower power level than other channels 
in the 150-174 MHz band, and will promote wider availability of these 
channels for both new Federal and non-Federal users. However, the 100 
watt limit that was set is substantially larger than the 2.5 watt 
proposal, and is consistent with the majority of current use in the 
band. The Commission will allow licensees to continue existing 
operations under their existing authorizations, subject only to the 
more general narrowbanding requirements it adopted. The Commission, 
explicitly prohibit airborne operations by both existing and future 
mobile channel licensees. Such operations have the potential to cause 
wide-area interference, and adoption of the prohibition will promote 
continued cooperative use of the band by both Federal and non-Federal 
entities and is consistent with Sec.  4.3.11 of the NTIA Manual.
    16. Finally, with respect to the non-Federal paging channel 
150.0075 MHz--the Commission is not narrowbanding--it is removing 
limitation 19. The Commission concludes that this limitation, which 
reserved the frequency 150.0075 MHz for assignment to stations for 
intersystem operations only and which required that these operations be 
primarily base-mobile communications, overly limits widespread use of 
the band. In addition, because this paging channel is within a non-
Federal band, the Commission will continue to make it available for a 
full range of medical and public safety uses and will not restrict its 
future use to medical radiocommunications systems exclusively.
    17. Stolen Vehicle Recovery Systems (US312). LoJack, the only 
commenter to address this issue, supports creation of a narrowbanding 
plan for SVRS systems. In order to preserve the substantial utility of 
the existing wideband SVRS for consumers and law enforcement agencies, 
LoJack requests that the Commission provide at least a 14 year 
transition period from the effective date of final rules in this 
proceeding. LoJack states that this schedule would give it four years 
to develop and deploy a narrowband system and would give ten years for 
police departments and consumers relying on the installed base of 
wideband equipment to continue to receive service once the narrowband 
system is deployed.
    18. The Commission finds LoJack's proposal persuasive. Given the 
need to develop and test new equipment, as well as the scope of the 
transition, a fourteen-year transition provides sufficient time for 
SVRS to adopt narrowband technology in a manner that does not 
jeopardize the public benefits associated with the service. The 
Commission notes LoJack's claims that it will not be able to continue 
serving its wideband customers during the transition period if Federal 
agencies begin operating on the new adjacent narrowband frequencies of 
173.0625 MHz and 173.0875 MHz. The Commission will work with NTIA to 
prevent Federal entities from being assigned new narrowband channels 
that are spaced only 12.5 kHz away from the SVRS center frequency until 
after the end of the transition period (i.e., approximately 2019), and 
will use our role as a voting member of the FAS to ensure that the 
primary status afforded to SVRS continues to be recognized during the 
Federal frequency assignment process. As previously noted, LoJack is 
currently the only SVRS licensee. Because subsequent SVRS licensees 
will have to deploy equipment to begin service, all new licensees will 
be required to employ narrowband operations without the benefit of a 
transition period. To reflect these new narrowband requirements in the 
SVRS, the Commission amended--in concurrence with NTIA--footnote US312, 
which is shown in the final

[[Page 21656]]

rules. Accordingly, the Commission amended Sec.  90.20 by revising 
paragraph (e)(6) to reflect the 12.5 kHz maximum authorized bandwidth 
for SVRS and associated transition plan.
    19. Hydro Channels and Protection for Radio Astronomy (US13 and 
US117). The Commission did not receive any comments that addressed our 
proposals for the Hydro channels. The Commission adopted it proposals 
and revised its Rules to reflect an updated Hydro channel plan that is 
consistent with the channel plan shown in the NTIA Manual. Consistency 
between Federal and non-Federal band plans furthers the public interest 
and safety by maintaining a ready flow of hydrologic and metrological 
data between non-Federal and Federal entities. This decision also 
recognizes the fact that non-Federal Hydro stations operation is 
closely coordinated the Hydro Committee. The Commission note, for 
example, that the Hydro Committee has begun encouraging the use of 
narrowband equipment by non-Federal applicants, and a review of our 
licensing database indicates that while many non-Federal Hydro 
operations still use wideband channels, some narrowband use is 
prevalent among the more newly licensed channels.
    20. The Commission discussed the process for Commission licensees 
to narrowband the existing Hydro channels that are to be retained by 
NTIA. It now also require licensees operating on the Hydro channels 
that are being removed from the Hydro channel plan to modify their 
equipment and station licenses and migrate to a center frequency under 
the new Hydro channel plan on a timetable as advised by the Hydro 
Committee and approved by NTIA and the Commission. As of January 1, 
2005, licensees of stations transmitting on the frequency 169.575 MHz 
should be prepared to cease or relocate operations, if their wideband 
operations cause harmful interference to Federal operations. As of 
January 1, 2008, licensees of stations transmitting on the frequencies 
409.675 MHz, 409.725 MHz, or 412.625 MHz should be prepared to cease or 
relocate operations, if their wideband operations cause harmful 
interference to Federal operations. Finally, all licensees must cease 
operating on these channels after January 1, 2013.
    21. To implement these proposals, the Commission revised its Rules 
to reflect the new Hydro channel plan and our plan for transitioning to 
narrowband channels, as well as to make other necessary modifications 
to reflect the Hydro operations. Also, in concurrence with NTIA, the 
Commission revised footnote US117 to provide more effective protection 
of RAS reception in the 406.1-410 MHz band. These revisions are 
included in the final rules.
    22. Forest Firefighting and Conservation Channels (US8). The 
Commission did not receive any comments that addressed our proposals. 
The Commission has adopted a requirement that applications for use of 
these channels be accompanied by a letter of concurrence. Based on our 
experience with past applications that included such a letter, the 
Commission believes that this practice aids the coordination of 
assignments between NTIA and the Commission. The Commission is also 
moving the existing limitations that are contained in Sec.  90.20 of 
the Commission's rules into a new subsection of Sec.  90.265. Section 
90.265 of the rules already describes procedures by which the 
Commission license two services permitted on Federal bands pursuant to 
United States footnotes--Hydro operations and wireless microphones. The 
Commission concludes it would be convenient and consistent to expand 
this section to include similarly situated services including, inter 
alia, the Forest Firefighting and Conservation channels.
    23. Public Safety Channels (US11). IMSA/IAFC is the only party to 
address the proposals dealing with the two Public Safety channels. 
IMSA/IAFC states that these Public Safety channels are widely assigned 
to agencies in the New York City metropolitan area and nearby environs 
that are expected to provide critical support to homeland security 
operations. IMSA/IAFC states that the current coordination procedures 
between Public Safety and Federal agencies are sufficient to address 
any concerns regarding possible interference, and urges us to ``tread 
cautiously'' to implement a policy so that Federal agencies would 
implement narrowband operations on the new channels adjacent to the 
Public Safety channels only as an absolute last resort when other 
acceptable channels are not available, and to work to expedite timely 
frequency coordination procedures for these channels.
    24. The Commission recognizes the unique needs and critical nature 
of public safety communications in the New York City metropolitan area 
and the funding difficulties that many of these licensees face, and 
have worked with NTIA to limit the possibility that it will assign the 
new narrowband channels that are immediately adjacent to the two Public 
Safety channels in the New York City area until the conclusion of our 
transition period to mandatory narrowband operations. The Commission 
will continue to work in cooperation with NTIA, and within the Federal 
frequency coordination process, to be sure this remains the case.
    25. The Commission created a new paragraph in Sec.  90.265 of the 
rules to describe these public safety channels, revising the existing 
limitation contained in Sec.  90.20(d)(47) of the Commission's rules to 
serve as a cross-reference, and updated footnote US11 in concurrence 
with NTIA to remove an outdated reference to wideband operations and to 
simplify the description of public safety and remote pickup broadcast 
operations in the band. The Commission stated in its rules that these 
operations are on a secondary basis to any Federal station, in order to 
give effect to the restriction embodied in footnote US11 that non-
Federal operations on 166.250 MHz and 170.150 MHz operate on the 
condition that no harmful interference is caused to ``present or 
future'' Federal stations. Finally, the Commission will not require a 
letter of concurrence by a sponsoring Federal agency in conjunction 
with an application for use of these channels. The Commission is 
persuaded by IMSA/IAFC's claims that such a requirement would ``entail 
an unneeded and time consuming step'' in a coordination process that it 
describes as ``more than sufficient.''
    26. Public Coast Station Channels (US223). Footnote US223 makes a 
channel available for public coast station use in limited areas near 
the Canadian border. Because ship and public coast operations do not 
fall under the same rules as PLMR operations, footnote US223 does not 
need to be modified to support NTIA's narrowbanding timetable, and 
therefore the Commission proposed no changes to these frequencies as 
part of this proceeding.
    27. Wireless Microphone Channels (US300). Footnote US300 specifies 
eight frequencies that are available for wireless microphone operations 
on a secondary basis to Federal and non-Federal operations. Because 
wireless microphones operate at very low power (50 mW output power), 
there is a minimal likelihood that they will cause interference to 
high-power land mobile operations. Thus, the Commission proposed no 
changes to the frequencies allocated for wireless microphones as part 
of footnote US300. No comments were received on these proposals. 
Accordingly, the Commission will not narrowband these operations.

Final Regulatory Flexibility Analysis

    28. As required by the Regulatory Flexibility Act of 1980, as 
amended

[[Page 21657]]

(RFA),\1\ an Initial Regulatory Flexibility Analysis (``IRFA'') was 
incorporated in the Notice of Proposed Rule Making (``NPRM'') \2\ in ET 
Docket No. 04-243. The Commission sought written public comment on the 
proposals in the NPRM, including comment on the IRFA. No written public 
comments were received concerning the initial regulatory flexibility 
analysis. This present Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.\3\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ 19 FCC Rcd 12690, 2004, ET Docket No. 04-243.
    \3\ 5 U.S.C. 604.
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A. Need for, and Objectives of, the Report and Order

    29. In the 150.05-150.8 MHz, 162-174 MHz, and 406.1-420 MHz bands, 
the National Telecommunications and Information Administration (NTIA) 
is transitioning Federal operations in the fixed and land mobile 
services from wideband (25 kHz) to narrowband (12.5 kHz) channels at a 
more rapid schedule than the Commission has adopted for Private Land 
Mobile Radio (PLMR) operations in these bands. Because there could be 
extended periods during which existing PLMR wideband operations may not 
be compatible with narrowband Federal operations, the Commission has 
revised its current narrowbanding plan for these bands to take into 
account that many PLMR operations in the above Federal bands are 
authorized on the condition that they not cause interference to Federal 
operations.
    30. The Commission's objectives are to provide for a more orderly 
transition from wideband to narrowband operations, increase spectrum 
efficiency, maintain compatibility with Federal operations, permit 
licensees to operate using existing equipment for the maximum amount of 
time possible, and significantly reduce the probability that wideband 
operations will interfere with new Federal operations.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA.

    31. There were no comments filed that specifically addressed the 
rules and policies addressed in the IRFA.

C. Description and Estimate of the Number of Small Entities To Which 
the Final Rule Will Apply

    32. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted herein.\4\ The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act, unless the Commission has developed one or more definitions that 
are appropriate for its activities.\5\ Under the Small Business Act, a 
``small business concern'' is one that: (1) is independently owned and 
operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA).\6\
---------------------------------------------------------------------------

    \4\ Id. at 604(a)(3).
    \5\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small-business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
    \6\ Id. at 632.
---------------------------------------------------------------------------

    33. A small organization is generally ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.'' \7\ Nationwide, there are approximately 1.6 
million small organizations.\8\ ``Small governmental jurisdiction'' 
generally means ``governments of cities, counties, towns, townships, 
villages, school districts, or special districts, with a population of 
less than 50,000.'' \9\ As of 1997, there were approximately 87,453 
governmental entities in the United States.\10\ This number includes 
39,044 county governments, municipalities, and townships, of which 
37,546 (approximately 96.2%) have populations of fewer then 50,000 and 
1,498 have populations of 500,000 or more. Thus, we estimate the number 
of small governmental jurisdictions overall to be approximately 84,098 
or fewer.
---------------------------------------------------------------------------

    \7\ 5 U.S.C. 601(4).
    \8\ Independent Sector, The New Nonprofit Almanac and Desk 
Reference (2002).
    \9\ 5 U.S.C. 601(5).
    \10\ U.S. Census Bureau, Statistical Abstract of the United 
States: 2000, Section 9, pages 299-300, Tables 490 and 492.
---------------------------------------------------------------------------

    34. PLMR systems serve an essential role in a range of industrial, 
business, land transportation, and public safety activities. These 
radios are used by companies of all sizes operating in all U.S. 
business categories, and are often used in support of the licensee's 
primary (non-telecommunications) business operations. For the purpose 
of determining whether a licensee of a PLMR system is a small business 
as defined by the SBA, we could use the definition for ``Cellular and 
Other Wireless Telecommunications.'' This definition provides that a 
small entity is any such entity employing no more than 1,500 
persons.\11\ The Commission does not require PLMR licensees to disclose 
information about number of employees, so the Commission does not have 
information that could be used to determine how many PLMR licensees 
constitute small entities under this definition. Moreover, because PMLR 
licensees generally are not in the business of providing cellular or 
other wireless telecommunications services but instead use the licensed 
facilities in support of other business activities, we are not certain 
that the Cellular and Other Wireless Telecommunications category is 
appropriate for determining how many PLMR licensees are small entities 
for this analysis. Rather, it may be more appropriate to assess PLMR 
licensees under the standards applied to the particular industry 
subsector to which the licensee belongs.\12\
---------------------------------------------------------------------------

    \11\ See 13 CFR 121.201, NAICS code 517212.
    \12\ See generally 13 CFR 121.201.
---------------------------------------------------------------------------

    35. The final rules adopted in the R&O affect the following PLMR 
licensees: (1) Industrial/Business Pool and state and local government 
licensees that are authorized to make hydrological and meteorological 
(Hydro) measurements under footnote US13; (2) forest firefighting 
agencies, which are primarily state government licensees, and forest 
conservation agencies that are authorized under footnote US8; (3) 
Public Safety Pool licensees that are authorized under footnote US11; 
and (4) hospital, medical centers, nursing homes, etc. that operate 
medical radiocommunication systems, which are authorized under footnote 
US216. These United States footnotes are fully discussed in the R&O.
    36. Hydro Channel Users. The Commission has authorized 9 licensees 
to operate 219 fixed stations on the six channels that would be removed 
from the Hydro channel plan: (1) One licensee (the State of California) 
is authorized to operate 15 fixed stations on the frequency 169.575 
MHz; (2) five licensees are authorized to operate 83 fixed stations at 
409.675 MHz; (3) three licensees are authorized to operate ten fixed 
stations at 409.725 MHz; (4) four licensees are authorized to operate 
97 fixed stations at 412.625 MHz; and (5) there are no licensees 
authorized to operate on the frequencies 170.375 MHz and 171.975 MHz. 
The Commission has issued 1053 licenses (there is at least one station 
per license) for the remaining Hydro channels that are

[[Page 21658]]

being narrowbanded. We believe that some of the Hydro channel licensees 
are small businesses or small governmental entities.
    37. Forest Firefighting and Conservation Agencies. The Commission 
has authorized 21 licensees to operate 414 fixed stations and 45,630 
mobile stations on the nine channels that are available to forest 
firefighting agencies; two of these frequencies are also available for 
use by conservation agencies. By Commission Rule, these frequencies are 
reserved primarily for assignment to state licensees. Assignments to 
other licensees may be made only where the frequencies are required for 
coordinated operation with the state system to which the frequency is 
assigned. The 21 licensees consist of 19 states and state agencies, the 
County of Los Angeles, and a non-profit organization. This small 
organization may be impacted by our actions.
    38. Public Safety Licensees. The Commission has granted 27 
licensees authorization to operate wideband equipment on the 
frequencies 166.25 MHz and 170.15 MHz. By Commission Rule, these 
frequencies are to be assigned to stations in the Public Safety Pool 
that are at points within 240 kilometers of New York City. 
Specifically, the Commission has granted 15 licensees authorization to 
operate 1295 mobile stations, 95 pagers, and 30 fixed stations using 
the frequency 166.25 MHz. The Commission has granted 12 licensees 
authorization to operate 899 mobile stations, 165 pagers, and 22 fixed 
stations on the frequency 170.15 MHz. We believe that many of these 
public safety licensees are small governmental entities.
    39. Medical Radiocommunication Systems. The Commission has issued 
510 licenses for the frequency 150.775 MHz and 424 licenses for the 
frequency 150.790 MHz. By Commission Rule, these 150 MHz channels are 
used only by mobile stations. For example, these frequencies may be 
used for voice transmissions from a portable (hand-held) unit to an 
ambulance. The Commission has issued 524 licenses for the frequency 
163.250 MHz. By Commission Rule, the frequency 163.250 MHz can be 
assigned only for one-way paging. We believe that most of the 
hospitals, medical centers, and nursing homes that operate medical 
radiocommunication systems are small businesses or small governmental 
entities.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    40. The final rules require that:
     PLMR licensees employing wideband channels for Hydro, 
Forest Firefighting and Conservation, and public safety operations 
modify or discontinue operations if, after May 27, 2005, these wideband 
operations cause interference to new Federal operations in the 162-174 
MHz band, or if, after January 1, 2008, these wideband operations cause 
interference to new Federal operations in the 150.05-150.8 MHz and 
406.1-420 MHz bands;
     Hydro channel licensees operating on the center 
frequencies 169.575 MHz, 409.675 MHz, 409.725 MHz, and 412.625 MHz 
cease operations not later than January 1, 2013;
     PLMR applicants requesting authority to operate Hydro, 
Forest Firefighting and Conservation, public safety, and medical 
radiocommunication stations in the 162-174 MHz band use narrowband 
channels after January 1, 2005; and that these applicants use 
narrowband channels after January 1, 2008 in the 150.05-150.8 MHz and 
406-416 MHz bands; and
     New Hydro stations that would operate on the center 
frequencies 406.125 MHz and 406.175 MHz be limited to a transmitter 
output power of 125 watts and required to coordinate with the Radio 
Astronomy Observatory at Socorro, New Mexico.
    41. If a licensee is required to modify its operations, we believe 
that the licensee would either buy new narrowband equipment or that the 
licensee would hire a vendor to modify some or all of its wideband 
equipment. We are uncertain of the exact costs relating to the 
narrowbanding requirements.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    42. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\13\
---------------------------------------------------------------------------

    \13\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    43. So long as incompatibilities are not created with Federal 
narrowband operations, we are permitting incumbent licensees to use 
existing equipment until January 1, 2013. We are requiring that the 9 
licensees of the six Hydro channels being deleted from the Hydro 
channel plan modify their equipment and station licenses and migrate to 
a center frequency listed in the new Hydro channel plan on a timetable 
as advised by the Hydro Committee and approved by NTIA and the 
Commission.
    44. We are grandfathering those incumbent stations that operate on 
the frequencies 150.7825 MHz and 150.7975 MHz indefinitely. We are 
exempting equipment designed for use in the Federal bands from our 
current 6.25 kHz equipment certification requirement.
    45. Report to Congress: The Commission will send a copy of the 
Report and Order, including this FRFA, in a report to Congress pursuant 
to the Congressional Review Act.\14\ In addition, the Commission will 
send a copy of the Report and Order, including the FRFA, to the Chief 
Counsel for Advocacy of the SBA.
---------------------------------------------------------------------------

    \14\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------

Ordering Clauses

    46. Pursuant to sections 1, 4(i), 7(a), 301, 302(a), 303(a)-(c), 
303(f), 303(g), 303(r), 307, 308, and 332 of the Communications Act of 
1934, as amended, 47 U.S.C. Sections 151, 154(i), 157(a), 301, 302(a)-
(c), 303(f), 303(g), 303(r), 307, 308, and 332, this report and order 
is hereby adopted.
    47. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this report and 
order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Parts 2 and 90

    Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 2 and 90 as follows:

[[Page 21659]]

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.

0
2. Section 2.106 is amended by revising footnotes US11, US13, US117, 
US216, and US312 in the list of United States footnotes and footnote G5 
in the list of Federal Government footnotes to read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *

United States (US) Footnotes

* * * * *
    US11 On the condition that harmful interference is not caused to 
present or future Federal stations in the band 162-174 MHz, the 
frequencies 166.25 MHz and 170.15 MHz may be authorized to non-
Federal stations, as follows: (1) Eligibles in the Public Safety 
Radio Pool may be authorized to operate in the fixed and land mobile 
services for locations within 150 miles (241.4 kilometers) of New 
York City; and (2) remote pickup broadcast stations may be 
authorized to operate in the land mobile service for locations 
within the continental United States, excluding Alaska, locations 
within 150 miles of New York City, and the Tennessee Valley 
Authority Area (TVA Area). The TVA Area is bounded on the west by 
the Mississippi River, on the north by the parallel of latitude 
37[deg] 30' N., and on the east and south by that arc of the circle 
with center at Springfield, Illinois, and radius equal to the 
airline distance between Springfield, Illinois, and Montgomery, 
Alabama, subtended between the foregoing west and north boundaries.
    US13 The following center frequencies, each with a channel 
bandwidth not greater than 12.5 kHz, are available for assignment to 
non-Federal fixed stations for the specific purpose of transmitting 
hydrological and meteorological data in cooperation with Federal 
agencies, subject to the condition that harmful interference will 
not be caused to Federal stations:

                          Hydro Channels (MHz)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
169.425........................      170.2625      171.100      406.1250
169.4375.......................      170.275       171.1125     406.1750
169.450........................      170.2875      171.125      412.6625
169.4625.......................      170.300       171.825      412.6750
169.475........................      170.3125      171.8375     412.6875
169.4875.......................      170.325       171.850      412.7125
169.500........................      171.025       171.8625     412.7250
169.5125.......................      171.0375      171.875      412.7375
169.525........................      171.050       171.8875     412.7625
170.225........................      171.0625      171.900      412.7750
170.2375.......................      171.075       171.9125     415.1250
170.250........................      171.0875      171.925      415.1750
------------------------------------------------------------------------

    New assignments on the frequencies 406.125 MHz and 406.175 MHz 
are to be primarily for paired operations with the frequencies 
415.125 MHz and 415.175 MHz, respectively.
* * * * *
    US117 In the band 406.1-410 MHz: stations in the fixed and 
mobile services shall be limited to a transmitter output power of 
125 watts, and new authorizations for stations, other than mobile 
stations, shall be subject to prior coordination by the applicant in 
the following areas:
    (1) Arecibo Observatory of the National Astronomy and Ionosphere 
Center. Within Puerto Rico and the U.S. Virgin Islands, contact: 
Spectrum Manager, Arecibo Observatory, HC3 Box 53995, Arecibo, 
Puerto Rico 00612. Phone: 787-878-2612, Fax: 787-878-1816.
    (2) Very Large Array (VLA) of the National Radio Astronomy 
Observatory (NRAO). Within a 350 kilometer radius that is centered 
on 34[deg] 04[min] 44[sec] North Latitude, 107[deg] 37[min] 04[sec] 
West Longitude, contact: Spectrum Manager, National Radio Astronomy 
Observatory, P.O. Box O, 1003 Lopezville Road, Socorro, New Mexico 
87801. Phone: 505-835-7000, Fax:505-835-7027.
    (3) Table Mountain Observatory of the Department of Commerce 
(407-409 MHz only). Within a 10 kilometer radius that is centered on 
40[deg] 07[min] 50[sec] North Latitude, 105[deg] 14[min] 40[sec] 
West Longitude, contact: Radio Frequency Coordinator, Department of 
Commerce, 325 Broadway, Boulder, Colorado 80303. Phone: 303-497-
6548, Fax: 303-497-3384.
    The non-Federal use of this band is limited to the radio 
astronomy service and as provided by footnote US13.
* * * * *
    US216 The frequencies 150.775 MHz, 150.790 MHz, 152.0075 MHz, 
and 163.250 MHz, and the bands 462.94688-463.19688 MHz and 
467.94688-468.19688 shall be authorized for the purpose of 
delivering or rendering medical services to individuals (medical 
radiocommunication systems), and shall be authorized on a primary 
basis for Federal and non-Federal use. The frequency 152.0075 MHz 
may also be used for the purpose of conducting public safety radio 
communications that include, but are not limited to, the delivering 
or rendering of medical services to individuals.
    (a) The use of the frequencies 150.775 MHz and 150.790 MHz are 
limited to mobile stations transmitting a maximum of 100 watts 
Effective Radiated Power (ERP). Airborne operations are prohibited.
    (b) The use of the frequencies 152.0075 MHz and 163.250 MHz are 
limited to base stations that are be authorized only for one-way 
paging communications to mobile receivers. Transmissions for the 
purpose of activating or controlling remote objects on these 
frequencies shall not be authorized.
    (c) Non-Federal licensees in the Public Safety Radio Pool 
holding a valid authorization on May 27, 2005, to operate on the 
frequencies 150.7825 MHz and 150.7975 MHz may, upon proper renewal 
application, continue to be authorized for such operation; provided 
that harmful interference is not caused to present or future Federal 
stations in the band 150.05-150.8 MHz and, should harmful 
interference result, that the interfering non-Federal operation 
shall immediately terminate.
* * * * *
    US312 The frequency 173.075 MHz may also be authorized on a 
primary basis to non-Federal stations in the Public Safety Radio 
Pool, limited to police licensees, for stolen vehicle recovery 
systems (SVRS). As of May 27, 2005, new SVRS licenses shall be 
issued for an authorized bandwidth not to exceed 12.5 kHz. Stations 
that operate as part of a stolen vehicle recovery system that was 
authorized and in operation prior to May 27, 2005 may operate with 
an authorized bandwidth not to exceed 20 kHz until April 27, 2019. 
After that date, all SVRS shall operate with an authorized bandwidth 
not to exceed 12.5 kHz.
* * * * *

Federal Government (G) Footnotes

* * * * *
    G5 In the bands 162.0125-173.2, 173.4-174, 406.1-410 and 410-420 
MHz, use by the military services is limited by the provisions 
specified in the channeling plans shown in Sections 4.3.7 and 4.3.9 
of the NTIA Manual.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
3. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of

[[Page 21660]]

1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).

0
4. Section 90.20 is amended to read as follows:
0
a. Revise the following 15 entries to the table in paragraph (c)(3);
0
b. Add an entry for the 406 to 416 frequency bands to the table in 
paragraph (c)(3);
0
c. Revise paragraphs (d)(47), (d)(48), and (d)(49);
0
d. Remove and reserve paragraphs (d)(50) and (d)(51);
0
e. Add paragraphs (d)(87) and (d)(88); and
0
f. Revise paragraph (e)(6) introductory text.


Sec.  90.20  Public Safety Pool.

* * * * *
    (c) * * *
    (3) Frequencies.

                                       Public Safety Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
              Frequency or band                      Class of station(s)          Limitations      Coordinator
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------
                                                    Megahertz
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
150.775......................................  Mobile.........................              87              PM.
150.7825.....................................  ....do.........................              88              PM.
150.790......................................  ....do.........................              87              PM.
150.7975.....................................  ....do.........................              88              PM.
 
                                                  * * * * * * *
152.0075.....................................  Base...........................          13, 30              PS.
 
                                                  * * * * * * *
169 to 172...................................  Mobile or operational fixed....              48
 
                                                  * * * * * * *
170.425......................................  ....do.........................           9, 49              PO.
170.475......................................  ....do.........................           9, 49              PO.
170.575......................................  ....do.........................           9, 49              PO.
171.425......................................  ....do.........................           9, 49              PO.
171.475......................................  ....do.........................           9, 49              PO.
171.575......................................  ....do.........................           9, 49              PO.
172.225......................................  ....do.........................           9, 49              PO.
172.275......................................  ....do.........................           9, 49              PO.
172.375......................................  ....do.........................           9, 49              PO.
 
                                                  * * * * * * *
406 to 416...................................  Operational fixed..............              48
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (d) * * *
* * * * *
    (47) This frequency may be assigned to stations in the Public 
Safety Pool in accordance with the provisions of Sec.  90.265.
    (48) Frequencies in this band will be assigned only for 
transmitting hydrological or meteorological data or for low power 
wireless microphones in accordance with the provisions of Sec.  90.265.
    (49) This frequency may be assigned only for forest firefighting 
and conservation activities in accordance with the provisions of Sec.  
90.265.
* * * * *
    (87) The use the frequencies 150.775 MHz and 150.790 MHz are 
limited to a transmitter output power of 100 watts Effective Radiated 
Power (ERP) as of May 27, 2005.
    (88) Use of this frequency is limited to stations licensed as of 
May 27, 2005.
    (e) * * *
* * * * *
    (6) The frequency 173.075 MHz is available for stolen vehicle 
recovery systems on a shared basis with Federal stations in the fixed 
and mobile services. Stolen vehicle recovery systems are limited to 
recovering stolen vehicles and are not authorized for general purpose 
vehicle tracking or monitoring. Mobile transmitters operating on this 
frequency are limited to 2.5 watts power output and base transmitters 
are limited to 300 watts ERP. F1D and F2D emissions may be used within 
a maximum authorized bandwidth of 12.5 kHz, except that stations that 
operate as part of a stolen vehicle recovery system that was authorized 
and that was in operation prior to May 27, 2005 may operate with a 
maximum authorized bandwidth of 20 kHz until April 27, 2019. 
Transmissions from mobiles shall be limited to 200 milliseconds every 
10 seconds, except that when a vehicle is being tracked actively 
transmissions may be 200 milliseconds every second. Alternatively, 
transmissions from mobiles shall be limited to 1800 milliseconds every 
300 seconds with a maximum of six such messages in any 30 minute 
period. Transmissions from base stations shall be limited to a total 
time of one second every minute. The FCC shall coordinate applications 
for base stations operating on this frequency with NTIA. Applicants 
shall perform an analysis for each base station located within 169 km 
(105 miles) of a TV Channel 7 transmitter of potential interference to 
TV Channel 7 viewers. Such stations will be authorized if the applicant 
has limited the interference

[[Page 21661]]

contour to fewer than 100 residences or if the applicant:
* * * * *

0
5. Section 90.35 is amended by removing the entry for the frequency 
bands ``406 to 413'' and adding in its place the entry for ``406 to 
416'' to the table in paragraph (b)(3) to read as follows:


Sec.  90.35  Industrial/Business Pool.

* * * * *
    (b) * * *
    (3) Frequencies.

                                    Industrial/Business Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
         Frequency or band                    Class of station(s)            Limitations        Coordinator
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
------------------------------------
                                                    Megahertz
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
406 to 416.........................  Operational fixed...................              53
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
6. Section 90.203 is amended by revising paragraphs (j) introductory 
text, (j)(3), (j)(4) introductory text, (j)(5), and (j)(7) to read as 
follows:


Sec.  90.203  Certification required.

* * * * *
    (j) Except where otherwise specially provided for, transmitters 
operating on frequencies in the 150-174 MHz and 406-512 MHz bands must 
comply with the following:
* * * * *
    (3) Applications for part 90 certification of transmitters designed 
to operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz, 
and/or 421-512 MHz bands, received on or after February 14, 1997, must 
include a certification that the equipment meets a spectrum efficiency 
standard of one voice channel per 12.5 kHz of channel bandwidth. 
Additionally, if the equipment is capable of transmitting data, has 
transmitter output power greater than 500 mW, and has a channel 
bandwidth of more than 6.25 kHz, the equipment must be capable of 
supporting a minimum data rate of 4800 bits per second per 6.25 kHz of 
channel bandwidth.
    (4) Applications for part 90 certification of transmitters designed 
to operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz, 
and/or 421-512 MHz bands, received on or after January 1, 2005, except 
for hand-held transmitters with an output power of two watts or less, 
will only be granted for equipment with the following channel 
bandwidths:
* * * * *
    (5) Applications for part 90 certification of transmitters designed 
to operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz, 
and/or 421-512 MHz bands, received on or after January 1, 2005, must 
include a certification that the equipment meets a spectrum efficiency 
standard of one voice channel per 6.25 kHz of channel bandwidth. 
Additionally, if the equipment is c