Private Land Mobile Services; 800 MHz Public Safety Interference Proceeding, 76704-76712 [05-24373]
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
collections subject to OMB approval
under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public
Law 104–4). Nor does it require any
special considerations under Executive
Order 12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994); or OMB review or any Agency
action under Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are
established on the basis of a petition
under section 408(d) of the FFDCA,
such as the exemption in this final rule,
do not require the issuance of a
proposed rule, the requirements of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.) do not apply. In
addition, the Agency has determined
that this action will not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This final rule
directly regulates growers, food
processors, food handlers and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the
Agency has determined that this rule
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does not have any ‘‘tribal implications’’
as described in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
Dated: December 9, 2005.
James Jones,
Director, Office of Pesticide Programs.
X. Reference
[WT Docket No. 02–55; ET Docket No. 00–
258; ET Docket No. 95–18; RM–9498; RM–
10024; FCC 05–174]
Whitman, P.A. and R.T. Marshall.
Isolation of psychrophilic
bacteriophages-host systems from
refrigerated food products. Applied
Microbiology. Vol. 22, No 2, August
1971, pp. 220-223.
XI. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of this final
rule in the Federal Register. This final
rule is not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
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Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.1261 is added to
subpart D to read as follows:
I
§ 180.1261 Xanthomonas campestris pv.
vesicatoria and Pseudomonas syringae pv.
tomato specific Bacteriophages.
An exemption from the requirement
of a tolerance is established for residues
of Xanthomonas campestris pv.
vesicatoria and Pseudomonas syringae
pv. tomato specific bacteriophages in or
on tomatoes and peppers.
[FR Doc. 05–24540 Filed 12–27–05; 8:45 am]
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 22 and 90
Private Land Mobile Services; 800 MHz
Public Safety Interference Proceeding
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document the
Commission amends the definition of an
Enhanced Specialized Mobile Radio
(ESMR) system; further delineates the
relocation rights of 800 MHz incumbent
licensees; narrows the Expansion Band
in the Atlanta, Georgia region; reaffirms
the Commission’s authority to grant
Nextel Communications, Inc. (Nextel)
spectrum rights to ten megahertz of
spectrum in the 1.9 GHz band; permits
the Transition Administrator (TA) to
follow a calendar year for reporting
schedule purposes; permits Nextel to
receive credit in the 800 MHz ‘true-up’
process for the relocation of certain
additional BAS incumbent licensees
whose licenses were issued prior to
November 12, 2004; and clarifies the
definitions of ‘‘unacceptable
interference’’ and ‘‘Critical
Infrastructure Industries’’ (CII).
DATES: Effective January 27, 2006.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Brian Marenco,
Brian.Marenco@FCC.gov, Public Safety
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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 is a
summary of the Federal
Communications Commission’s
Memorandum Opinion and Order, FCC
05–174, adopted October 3, 2005 and
released on October 5, 2005.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
1.–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.
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B. Report to Congress
3. The Commission will send a copy
of this Memorandum Opinion and
Order 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).
C. Supplemental Final Regulatory
Flexibility Analysis
4. 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.’’
As required by the RFA an Initial
Regulatory Flexibility Analysis
(‘‘IRFA’’) was incorporated in the Notice
of Proposed Rulemaking (‘‘800 MHz
NPRM’’) in this proceeding. The
Commission sought written public
comment on the proposals in the 800
MHz NPRM, including comment on the
IRFA. Based upon the comments in
response to the 800 MHz NPRM and the
IRFA, the Commission included a Final
Regulatory Flexibility Analysis
(‘‘FRFA’’) in the Report and Order (800
MHz R&O) in this proceeding. The
Commission subsequently sought
comment on ex parte presentations filed
in this proceeding. In the Supplemental
Order and Order on Reconsideration
(Supplemental Order), the Commission,
on its own motion, amended the rules
in a manner that did not significantly
affect small entities beyond the terms
set forth in the FRFA. Accordingly, the
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Commission included a Supplemental
Regulatory Flexibility Analysis
(‘‘Supplemental FRFA’’) addressing
those amendments consistent with the
RFA.
5. This Memorandum Opinion and
Order clarifies portions of the 800 MHz
R&O and companion Supplemental
Order and addresses petitions for
reconsideration of the Commission’s
decisions in the 800 MHz R&O and the
Supplemental Order. Interested parties
were afforded notice and opportunity to
comment on the petitions for
reconsideration of the 800 MHz R&O
and Supplemental Order. See 70 FR
17327. Several parties filed oppositions
to the petitions for reconsideration and
replies to the oppositions. The
clarifications we make in this MO&O are
in response to the various petitions for
reconsideration, oppositions and replies
that have been filed thus far.
Accordingly, this Supplemental
Regulatory Flexibility Analysis
(‘‘Supplemental FRFA’’) addresses those
clarifications and conforms to the RFA.
Need for, and Objectives of, the Order
on Reconsideration
6. By way of background the 800 MHz
R&O adopted a plan comprised of both
long-term and short-term components
that the Commission concluded
represented the most effective solution
to the problem of interference to public
safety licensees in the 800 MHz band.
The Commission addressed the ongoing
interference problem over the short-term
by adopting technical standards
defining unacceptable interference in
the 800 MHz band and detailing
responsibility for interference
abatement. The long-term component
augmented the short-term component by
reconfiguring the 800 MHz band to
separate generally incompatible
technologies whose current proximity to
each other is the identified root cause of
unacceptable interference.
7. Enhanced Specialized Mobile
Radio Systems. In this proceeding the
Commission divided the 800 MHz band
into a cellular portion and non-cellular
portion to create spectral separation
between incompatible technologies.
Section 90.614 provides that the cellular
portion would be reserved for licensees
that operate cellular high-density
systems. Several parties sought
reconsideration of the eligibility and
operating requirements applicable to the
cellular band arguing that these
requirements are overly restrictive.
8. On our own motion we clarify the
definition of ESMR system in order to
resolve an ambiguity between the text of
the 800 MHz R&O and § 90.7 of the
accompanying rules. This clarification
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is significant to the extent that it defines
those licensees that may elect to be
relocated into the cellular portion of the
band. When the Commission first
established the eligibility criteria for
relocation into the cellular portion of
the band, it spoke to existing ‘‘ESMR’’
systems. The 800 MHz R&O
inadvertently defined ESMR systems as
those that employ ‘‘high density’’
cellular architecture. However the 800
MHz R&O had also referred to an
‘‘ESMR system,’’ more generally, as a
term to describe systems that use
multiple, interconnected, multi-channel
transmit/receive cells and employ
frequency reuse to serve a larger number
of subscribers than is possible using
non-cellular technology. We resolve this
contradiction by amending rule § 90.7 to
eliminate the ‘‘high density’’
qualification for ESMR status. The
practical effect of this clarification is to
ensure licensees operating in the ESMR
band have a fair amount of flexibility in
the management of their systems. The
purpose of this clarification is to
distinguish between high-density
systems that may not be operated in the
non-ESMR portion of the band not to
require EA licensees that relocate to the
ESMR band to operate high-density
systems should they elect to operate in
the ESMR band. To this end we also
adopt a definition of ‘‘800 MHz highdensity cellular system’’ and ‘‘800 MHz
cellular system’’ and revise several part
22 and 90 rules to incorporate the
distinction between 800 MHz cellular
systems and high-density cellular
systems in order to more efficiently
implement our band reconfiguration
plan.
Economic Area Licensees
9. We also clarify that Economic Area
(EA) licensees that elect to relocate to
the cellular band may relocate sitebased systems so long as they deploy a
cellular system on their combined
facilities by the end of their EA license
term. We also clarify that those
incumbent EA licensees that operate
non-cellular systems in that portion of
the cellular band known as the ‘‘Upper
200 band,’’ must relocate from the
cellular band unless they deploy a
cellular system. Failure to construct a
cellular system will result in automatic
cancellation of the relocated EA license
and any site-based facilities relocated to
the cellular band. The purpose of this
clarification is to: (1) Avoid replicating
in the cellular band the same
incompatible mix of technologies that
resulted in this proceeding; (2) ensure
that licensees genuinely interested in
competing with cellular operators have
the opportunity to move forward with
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their business plans and (3) inhibit the
ability of speculative licensees to allow
valuable spectrum to lie fallow or under
utilized in an attempt to maximize
resale value. In this connection, EA
licensees, consistent with their existing
construction and operational
obligations, must notify the Commission
whether they have constructed in
accordance with the operational rules
governing the ESMR band. Overall, this
clarification confers upon EA licensees
the benefit of added flexibility.
Unacceptable Interference
10. In the 800 MHz R&O, the
Commission adopted an objective
standard for defining what constitutes
‘‘unacceptable interference’’ to public
safety and other non-cellular systems in
the 800 MHz band. The purpose of
defining unacceptable interference is to
determine the rights and responsibilities
of parties to alleviate interference. One
petitioner requested that we clarify that
the ‘‘unacceptable interference’’
standard will apply only to interference
created by licensees employing cellular
architecture systems. According to this
petitioner the heading and text of
§ 90.672 implies that ‘‘unacceptable
interference’’ could be created by any
type of licensee including non-cellular
licensees. We clarify the heading and
text of § 90.672 to specify that
‘‘unacceptable interference’’ to 800 MHz
non-cellular licensees is that which
originates from one or a combination of
800 MHz cellular-architecture licensees,
regardless of whether the cellulararchitecture licensee employs a ‘‘highdensity’’ or ‘‘low-density’’ cellular
system. In this connection we replace
the reference to harmful interference in
§ 90.672 with the term unacceptable
interference.
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Critical Infrastructure Industry
11. One Petitioner pointed out that
§ 90.7 imprecisely defined Critical
Infrastructure Industries (CII).
Accordingly we clarify the definition of
CII.
Southeast Region Band Plan
12. Section 90.617 is updated to
reflect the distribution of channels
between the various pool categories in
the SouthernLINC/Nextel counties
listed in § 90.614(c). In the 800 MHz
R&O the Commission adopted a band
plan for the Southeast Region. Part of
this band plan included a 1 MHz
Expansion band, designed to create
spectral separation between public
safety and ESMR operations.
Subsequently we have received
petitions for reconsideration seeking to
eliminate or reduce the size of the
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the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ [FN352] 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
Transition Administrator Reports
operated; (2) is not dominant in its field
13. Sections 90.676(b)(3) and (4) are
of operation; and (3) satisfies any
revised to allow the Transition
additional criteria established by the
Administrator to choose the date for
Small Business Administration (SBA).
18. In this MO&O, the Commission is
filing quarterly and annual reports
amending the final rules adopted in the
regarding band reconfiguration.
Previously § 90.676 required that the TA 800 MHz R&O and Supplemental Order.
submit its reports based on the effective In this Further FRFA, we incorporate by
reference the description and estimate
date of the Report and Order. We have
of the number of small entities from the
since learned that this requirement
FRFA in the 800 MHz R&O, which
would be complicated by Nextel
identifies as potentially affected entities
Communications, Inc.’s obligations to
Governmental Licensees, Public Safety
the Securities and Exchange
Radio Licensees, Wireless
Commission. We therefore modify our
Telecommunications, Business,
rules to permit the TA to file its
Industrial and Land Transportation
quarterly and annual reports with the
Licensees, and Specialized Mobile
Commission on the first business day
following Nextel’s quarterly and annual Radio Licensees.
19. A small organization is generally
filings with the Securities and Exchange
‘‘any not-for-profit enterprise which is
Commission.
independently owned and operates and
Dispute Resolution
is not dominant in its field.’’
Nationwide as of 2002, there were
14. One petitioner pointed out an
approximately 1.6 million small
ambiguity and inadvertent omission in
organizations. The term ‘‘small
our 800 MHz band reconfiguration
governmental jurisdiction’’ is defined as
dispute resolution procedures.
Accordingly we revise § 90.677(d) of our ‘‘governments of cities, towns,
townships, villages, school districts, or
rules to clarify that the Transition
Administrator must forward unresolved special districts, with a population of
less than fifty thousand.’’ As of 1997,
disputed issues remaining at the end of
there were approximately 87,453
the mandatory negotiation period
governmental jurisdictions in the
within thirty days of the end of the
United States. This number includes
mandatory negotiation period. We also
39,044 county governments,
will modify § 90.674 of our rules to
codify the dispute resolution procedures municipalities and townships, of which
set forth in the text of the 800 MHz R&O. 37,546 (approximately 96.2%) have
populations of fewer than 50,000, and of
Frequency Coordination
which 1,498 have populations of 50,000
15. Section 90.175 is revised to clarify or more. Thus, we estimate the number
that 800 MHz Economic Area licensees
of small governmental jurisdictions
and 900 MHz SMR licensees will
overall to be 84,098 or fewer.
continue to be exempt from frequency
Nationwide, there are a total of
coordination requirements. Previously,
approximately 22.4 million small
in the Supplemental Order we provided businesses, according to SBA data.
that 800 MHz site-based SMR licensees
Description of Projected Reporting,
will be subject to frequency
Recordkeeping and other Compliance
coordination in the 800 MHz band but
Requirements
inadvertently omitted this requirement
20. We do not adopt new reporting,
from the rules. Accordingly we correct
recordkeeping or other compliance
this omission.
requirements in this MO&O.
Summary of Significant Issues Raised in
Steps Taken to Minimize Significant
Response to the FRFA
Impact on Small Entities, and
16. No parties have addressed the
Significant Alternatives Considered
FRFA in any subsequent filings.
21. The RFA requires an agency to
Description and Estimate of the Number describe any significant alternatives that
of Small Entities to Which the Proposed it has considered in reaching its
Rules Will Apply
proposed approach, which may include
17. The RFA generally defines ‘‘small the following four alternatives (among
others): (1) The establishment of
entity’’ as having the same meaning as
Expansion band because there is
insufficient amount of spectrum to
accommodate Public Safety and cellular
operations in the Atlanta market.
Accordingly, we reduce the size of the
Expansion band in the Atlanta market
and up to seventy miles outside Atlanta.
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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.
22. As noted above, we reduce the
size of the Expansion band in Atlanta,
rather than eliminating the Expansion
band in the Atlanta area. Although we
reduce the Expansion band in Atlanta
by .5 MHz, we maintain spectral
separation between public safety and
ESMR band operations. The purpose of
maintaining spectral separation between
public safety licensees operating in the
non-cellular band and ESMR licensees
operating in the cellular band is to
reduce the incidence of interference to
public safety. In contrast, if we had
eliminated the Expansion band, we
would have eliminated any spectral
separation between public safety and
ESMR systems operating in the cellular
portion of the band. Further, public
safety will continue to be entitled to
interference protection from
unacceptable interference. As a
concession, however, some Atlantabased B/ILT incumbents who would
otherwise not be required to change
frequencies will be required to relocate
to the Expansion Band in order to
accommodate public safety licensees
relocating below the Expansion Band.
23. The Commission will send a copy
of this Memorandum Opinion and
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 Memorandum Opinion and Order
Final Regulatory Flexibility
Certification, to the Chief Counsel for
Advocacy of the SBA. See 5 U.S.C.
605(b).
A summary of this Memorandum
Opinion and Order and this certification
will also be published in the Federal
Register.
List of Subjects in 47 CFR Parts 22 and
90
Communications, Communications
common carriers, Communications
equipment, Radio, Reporting and
recordkeeping requirements.
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Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 22
and 90 as follows:
I
PART 22—PUBLIC MOBILE SERVICES
1. The authority citation for part 22
continues to read as follows:
I
Authority: 47 U.S.C. 154, 222, 303, 309 and
332.
2. In § 22.970, the section heading and
paragraph (a) introductory text are
revised to read as follows:
I
§ 22.970 Unacceptable interference to part
90 non-cellular 800 MHz licensees from
cellular radiotelephone or part 90–800 MHz
cellular systems.
(a) Definition. Except as provided in
47 CFR 90.617(k), unacceptable
interference to non-cellular part 90
licensees in the 800 MHz band from
cellular radiotelephone or part 90–800
MHz cellular systems will be deemed to
occur when the below conditions are
met:
*
*
*
*
*
I 3. In § 22.971 paragraph (a) is revised
to read as follows:
§ 22.971 Obligation to abate unacceptable
interference.
(a) Strict Responsibility. Any licensee
who, knowingly or unknowingly,
directly or indirectly, causes or
contributes to causing unacceptable
interference to a non-cellular part 90 of
this chapter licensee in the 800 MHz
band, as defined in § 22.970, shall be
strictly accountable to abate the
interference, with full cooperation and
utmost diligence, in the shortest time
practicable. Interfering licensees shall
consider all feasible interference
abatement measures, including, but not
limited to, the remedies specified in the
interference resolution procedures set
forth in § 22.972(c). This strict
responsibility obligation applies to all
forms of interference, including out-ofband emissions and intermodulation.
*
*
*
*
*
I 4. In § 22.972, paragraph (c)(1)
introductory text is revised to read as
follows:
§ 22.972 Interference resolution
procedures.
*
*
*
*
*
(c) * * *
(1) All Cellular Radiotelephone and
part 90 of this chapter—800 MHz
cellular system licensees who are
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responsible for causing unacceptable
interference shall take all affirmative
measures to resolve such interference.
Cellular Radiotelephone licensees found
to contribute to unacceptable
interference, as defined in § 22.970,
shall resolve such interference in the
shortest time practicable. Cellular
Radiotelephone licensees and part 90 of
this chapter—800 MHz cellular system
licensees must provide all necessary test
apparatus and technical personnel
skilled in the operation of such
equipment as may be necessary to
determine the most appropriate means
of timely eliminating the interference.
However, the means whereby
interference is abated or the cell
parameters that may need to be adjusted
is left to the discretion of the Cellular
Radiotelephone and/or part 90 of this
chapter—800 MHz cellular system
licensees, whose affirmative measures
may include, but not be limited to, the
following techniques:
*
*
*
*
*
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
5. The authority citation for part 90
continues to read as follows:
I
Authority: 4(i), 11, 303(g), 303(r), and
332(c)(7) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7).
6. In § 90.7, the definition for
‘‘Cellular System (800 MHZ)’’ is
removed, the definition for ‘‘800 MHz
Cellular System’’ is added in its place,
the definition for ‘‘800 MHz High
Density Cellular System’’ is added
following the definition for ‘‘800 MHz
Cellular System’’, and the definition for
‘‘Critical Infrastructure Industry (CII)’’ is
revised to read as follows:
I
§ 90.7
Definitions.
*
*
*
*
*
800 MHz Cellular System. In the 806–
824 MHz/ 851–869 MHz band, a system
that uses multiple, interconnected,
multi-channel transmit/receive cells
capable of frequency reuse and
automatic handoff between cell sites to
serve a larger number of subscribers
than is possible using non-cellular
technology.
800 MHz High Density Cellular
System. In the 806–824 MHz/ 851–869
MHz band, a high density cellular
system is defined as a cellular system
which:
(1) Has more than five overlapping
interactive sites featuring hand-off
capability; and
(2) Any one of such sites has an
antenna height of less than 30.4 meters
(100 feet) above ground level with an
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antenna height above average terrain
(HAAT) of less than 152.4 meters (500
feet) and twenty or more paired
frequencies.
*
*
*
*
*
Critical Infrastructure Industry (CII).
State, local government and nongovernment entities, including utilities,
railroads, metropolitan transit systems,
pipelines, private ambulances,
volunteer fire departments, and not-forprofit organizations that offer emergency
road services, providing private internal
radio services provided these private
internal radio services are used to
protect safety of life, health, or property;
and are not made commercially
available to the public.
*
*
*
*
*
I 7. In § 90.175, paragraph (j)(8) is
revised to read as follows:
§ 90.175 Frequency coordination
requirements.
*
*
*
*
*
(j) * * *
(8) Applications for SMR frequencies
contained in §§ 90.617(d) Table 4A,
90.617(e), 90.617(f) and 90.619(b)(2).
*
*
*
*
*
I 8. In § 90.614, the section heading, the
introductory text, and paragraphs (a), (b)
and (c) introductory text are revised to
read as follows:
relocating to channels 551–830 and
which remains vacant after band
reconfiguration will be available as
follows:
*
*
*
*
*
I 10. In § 90.617, revise paragraphs (a),
(b), (d), (e), (g) introductory text, (h)
introductory text, (i) introductory text,
(j) introductory text, and (k)
introductory text 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.
*
*
*
*
*
(a) Unless otherwise specified, the
channels listed in Table 1 and
paragraph (a)(1) of this section are
available for to eligible applicants in the
Public Safety Category which consists of
licensees eligible in the Public Safety
Pool of subpart B of this part. 800 MHz
high density cellular systems as defined
in § 90.7 are prohibited on these
channels. These frequencies are
available in non-border areas.
Specialized Mobile Radio Systems will
not be authorized in this category. These
channels are available for intercategory
sharing as indicated in § 90.621(e).
TABLE 1.—PUBLIC SAFETY POOL 806–
816/851–861 MHZ BAND CHANNELS
rwilkins on PROD1PC63 with RULES
§ 90.615 Individual channels available in
the General Category in 806–824/851–869
MHz band.
*
*
*
*
*
(a) In a given 800 MHz NPSPAC
region, any channel in the 231–260
range which is vacated by a licensee
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TABLE 1A.—PUBLIC SAFETY POOL
806–816/851–861
MHZ
BAND
CHANNELS
FOR
COUNTIES
IN
SOUTHEASTERN U.S.
[70 Channels]
Group No.
Channel Nos.
261 ............................
261–313–324–335–
353
262–314–325–336–
354
265–285–315–333–
351
266–286–316–334–
352
269–289–311–322–
357
270–290–312–323–
355
271–328–348–358–
368
279–299–317–339–
359
280–300–318–340–
360
309–319–329–349–
369
310–320–330–350–
370
321–331–341–361–
372
326, 327, 332, 337,
338, 342, 343, 344,
345, 356
262 ............................
265 ............................
266 ............................
269 ............................
[70 Channels]
§ 90.614 Segments of the 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 high density cellular
systems—as defined in § 90.7—are
prohibited from operating on channels
1–550 in non-border areas.
(b) 800 MHz high density cellular
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, 800 MHz high density cellular
systems—as defined in § 90.7—are
permitted to operate on channels 411–
830:
*
*
*
*
*
I 9. In § 90.615, paragraph (a)
introductory text is revised to read as
follows:
policies defined in the Report and Order
of Gen. Docket No. 87–112 (See § 90.16).
The following channels are available
only for mutual aid purposes as defined
in Gen. Docket No. 87–112: channels 1,
39, 77, 115, 153.
(2) Except as provided in paragraph
(a)(3) of this section, the channels listed
in Table 1A are available in the counties
listed in § 90.614(c) to eligible
applicants in the Public Safety Category.
800 MHz high density cellular systems
as defined in § 90.7 are prohibited on
these channels. These channels are
available for intercategory sharing as
indicated in § 90.621(e).
270 ............................
Group No.
Channel Nos.
269 ............................
269–289–311–399–
439
270–290–312–400–
440
279–299–319–339–
359
280–300–320–340–
360
309–329–349–369–
389
310–330–350–370–
390
313–353–393–441–
461
314–354–394–448–
468
321–341–361–381–
419
328–348–368–388–
420
351–379–409–429–
449
352–380–410–430–
450
391, 392, 401, 408,
421, 428, 459, 460,
469, 470
270 ............................
279 ............................
280 ............................
309 ............................
310 ............................
313 ............................
314 ............................
321 ............................
328 ............................
351 ............................
332 ............................
Single Channels ........
(1) Channels numbers 1–230 are also
available to eligible applicants in the
Public Safety Category in non-border
areas. The assignment of these channels
will be done in accordance with the
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271 ............................
279 ............................
280 ............................
309 ............................
310 ............................
321 ............................
Single Channels ........
(3) The channels listed in Table 1B
are available within 113 km (70 mi) of
the center city coordinates of Atlanta,
GA to eligible applicants in the Public
Safety Category. The center city
coordinates of Atlanta, GA—for the
purposes of the rule—are defined as
33°44′55″ NL, 84°23′17″ WL. 800 MHz
high density cellular systems as defined
in § 90.7 are prohibited on these
channels. These channels are available
for intercategory sharing as indicated in
§ 90.621(e).
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TABLE 1B.—PUBLIC SAFETY POOL
806–816/851–861
MHZ
BAND
CHANNELS FOR ATLANTA, GA
[70 Channels]
TABLE 2.—BUSINESS/INDUSTRIAL/LAND (2) The channels listed in Table 2B
TRANSPORTATION POOL 806–816/ are available within 113 km (70 mi) of
851–861 MHZ BAND CHANNELS— the center city coordinates of Atlanta,
GA, to eligible applicants in the
Continued
[100 Channels]
Group No.
Channel Nos.
261 ............................
261–313–324–335–
353
262–314–325–336–
354
269–289–311–322–
357
270–290–312–323–
355
279–299–319–339–
359
280–300–320–340–
360
285–315–333–351–
379
286–316–334–352–
380
309–329–349–369–
389
310–330–350–370–
390
321–331–341–361–
381
328–348–358–368–
388
317, 318, 326, 327,
332, 337, 338, 356,
371, 372
262 ............................
269 ............................
270 ............................
279 ............................
280 ............................
285 ............................
286 ............................
309 ............................
310 ............................
321 ............................
328 ............................
Single Channels ........
rwilkins on PROD1PC63 with RULES
(b) Unless otherwise specified, the
channels listed in Table 2 are available
to applicants eligible in the Industrial/
Business Pool of subpart C of this part
but exclude Special Mobilized Radio
Systems as defined in § 90.603(c). 800
MHz high density cellular systems as
defined in § 90.7 are prohibited on these
channels. These frequencies are
available in non-border areas.
Specialized Mobile Radio (SMR)
systems will not be authorized on these
frequencies. These channels are
available for inter-category sharing as
indicated in § 90.621(e).
76709
Group No.
Channel Nos.
343 ............................
343–383–423–463–
503
344–384–424–464–
504
345–385–425–465–
505
346–386–426–466–
506
347–387–427–467–
507
261, 271, 281, 291,
301, 262, 272, 282,
292, 302, 263, 273,
283, 293, 303, 264,
274, 284, 294, 304,
265, 275, 285, 295,
305, 266, 276, 286,
296, 306, 267, 277,
287, 297, 307, 268,
278, 288, 298, 308
344 ............................
345 ............................
346 ............................
347 ............................
Single Channels ........
(1) Except as provided in paragraph
(b)(2) of this section, the channels listed
in Table 2A are available in the counties
listed in § 90.614(c) to eligible
applicants in the Industrial/Business
Pool of subpart C of this part but
exclude Special Mobilized Radio
Systems as defined in § 90.603(c). 800
MHz high density cellular systems as
defined in § 90.7 are prohibited on these
channels. These channels are available
for intercategory sharing as indicated in
§ 90.621(e).
Industrial/Business Pool of subpart C of
this part but exclude Special Mobilized
Radio Systems as defined in § 90.603(c).
The center city coordinates of Atlanta,
GA—for the purposes of the rule—are
defined as 33°44′55″ NL, 84°23′17″ WL.
800 MHz high density cellular systems
as defined in § 90.7 are prohibited on
these channels. These channels are
available for intercategory sharing as
indicated in § 90.621(e).
TABLE 2B.—BUSINESS/INDUSTRIAL/
LAND TRANSPORTATION POOL 806–
816/851–861 MHZ BAND FOR
CHANNELS IN ATLANTA, GA
[69 Channels]
Channel Nos.
Single Channels ........
*
*
*
*
(d) Unless otherwise specified, the
TABLE 2A.—BUSINESS/INDUSTRIAL/
channels listed in Tables 4A and 4B are
LAND TRANSPORTATION POOL 806– available only to eligibles in the SMR
816/851–861 MHZ BAND FOR category—which consists of Specialized
CHANNELS IN SOUTHEASTERN U.S.
Mobile Radio (SMR) stations and
[69 Channels]
eligible end users. 800 MHz high
density cellular systems, as defined in
TABLE 2.—BUSINESS/INDUSTRIAL/LAND
Channel Nos.
§ 90.7, are prohibited on these channels.
TRANSPORTATION POOL 806–816/
These frequencies are available in non851–861 MHZ BAND CHANNELS
Single Channels ........ 263, 264, 267, 268,
border areas. The spectrum blocks listed
[100 Channels]
272, 273, 274, 275, in Table 4A are available for EA-based
276, 277, 278, 281,
services (as defined by § 90.681) prior to
282, 283, 284, 287,
Group No.
Channel Nos.
January 21, 2005. No new EA-based
288, 291, 292, 293,
322 ............................ 322–362–402–442–
294, 295, 296, 297, services will be authorized after January
482
298, 301, 302, 303, 21, 2005. EA-based licensees who
323 ............................ 323–363–403–443–
304, 305, 306, 307, operate non-high-density cellular
483
308, 346, 347, 362, systems prior to January 21, 2005, may
324 ............................ 324–364–404–444–
363, 364, 365, 366, choose to remain on these channels in
484
367, 379, 380, 381, the non-high-density cellular portion of
325 ............................ 325–365–405–445–
382, 383, 384, 385, the 800 MHz band (as defined in
485
386, 387, 388, 389,
§ 90.614). These licensees may continue
326 ............................ 326–366–406–446–
390, 391, 392, 393,
486
394, 399, 400, 401, to operate non-high-density cellular
327 ............................ 327–367–407–447–
402, 403, 404, 405, systems and will be grandfathered
487
406, 407, 408, 409, indefinitely. The channels listed in
Table 4B will be available for site-based
342 ............................ 342–382–422–462–
410
502
licensing after January 21, 2005, in any
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*
263, 264, 265, 266,
267, 268, 271, 272,
273, 274, 275, 276,
277, 278, 281, 282,
283, 284, 287, 288,
291, 292, 293, 294,
295, 296, 297, 298,
301, 302, 303, 304,
305, 306, 307, 308,
342, 343, 344, 345,
346, 347, 362, 363,
364, 365, 366, 367,
382, 383, 384, 385,
386, 387, 391, 392,
393, 394, 399, 400,
401, 402, 403, 404,
405, 406, 407, 409,
410
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
Economic Area where no EA-based
licensee is authorized for these
channels.
TABLE 4A.—EA-BASED SMR CATEGORY
806–816/851–861 MHZ
BAND CHANNELS, AVAILABLE PRIOR
TO JANUARY 21, 2005
TABLE 4B.—SMR CATEGORY 806–
816/851–861 MHZ BAND CHANNELS, AVAILABLE AFTER JANUARY
21, 2005, FOR SITE-BASED LICENSING—Continued
TABLE 4D.—SMR CATEGORY 806–
816/851–861 MHZ BAND CHANNELS
AVAILABLE FOR SITE-BASED LICENSING IN ATLANTA, GA AFTER JANUARY
21, 2005
[80 Channels]
[11 Channels]
Group No.
336 ............................
336–376–416–456–
496
337–377–417–457–
497
338–378–418–458–
498
431, 432, 433, 434,
471, 472, 473, 474,
479, 480, 481, 488,
489, 490, 499, 500,
501, 508, 509, 510
Channel Nos.
Channel Nos.
[80 Channels]
Spectrum block
Channel Nos.
337 ............................
G ...............................
H ................................
I .................................
J ................................
K ................................
L ................................
M ...............................
N ................................
O ...............................
P ................................
Q ...............................
R ................................
S ................................
T ................................
U ................................
V ................................
311–351–391–431–
471
312–352–392–432–
472
313–353–393–433–
473
314–354–394–434–
474
315–355–395–435–
475
316–356–396–436–
476
317–357–397–437–
477
318–358–398–438–
478
331–371–411–451–
491
332–372–412–452–
492
333–373–413–453–
493
334–374–414–454–
494
335–375–415–455–
495
336–376–416–456–
496
337–377–417–457–
497
338–378–418–458–
498
338 ............................
Single Channels ........
(1) Except as provided in paragraph
(d)(2) of this section, the channels listed
in Table 4C are available in the counties
listed in § 90.614(c) for non-highdensity cellular operations only to
eligibles in the SMR category—which
consists of Specialized Mobile Radio
(SMR) stations and eligible end users.
800 MHz high density cellular systems
as defined in § 90.7 are prohibited on
these channels. These channels are
available for intercategory sharing as
indicated in § 90.621(e).
TABLE 4C.—SMR CATEGORY 806–
816/851–861 MHZ BAND CHANNELS
AVAILABLE FOR SITE-BASED LICENSING IN SOUTHEASTERN U.S. AFTER
JANUARY 21, 2005
Single Channels ........
373, 374, 375, 376,
377, 378, 395, 396,
397, 398, 408
(e) The Channels listed in § 90.614(b)
and (c) are available to eligibles in the
SMR category—which consists of
Specialized Mobile Radio (SMR)
stations and eligible end users. ESMR
licensees which employ an 800 MHz
high density cellular system, as defined
in § 90.7, are permitted to operate on
these channels in non-border areas.
ESMR licensees authorized prior to
January 21, 2005, may continue to
operate, if they so choose, on the
channels listed in Table 5. These
licensees will be grandfathered
indefinitely.
TABLE 5.—ESMR CATEGORY 816–
821 MHZ BAND CHANNELS FOR
CELLULAR OPERATIONS IN NONBORDER AREAS AVAILABLE PRIOR
TO JANUARY 21, 2005
[200 Channels]
Spectrum block
A ................................
B ................................
C ................................
Channel Nos.
511 through 530.
531 through 590.
591 through 710.
[11 Channels]
TABLE 4B.—SMR CATEGORY 806–
816/851–861 MHZ BAND CHANNELS, AVAILABLE AFTER JANUARY
21, 2005, FOR SITE-BASED LICENS-
*
Channel Nos.
Single Channels ........
ING
[80 Channels]
Group No.
315 ............................
316 ............................
317 ............................
318 ............................
331 ............................
rwilkins on PROD1PC63 with RULES
332 ............................
333 ............................
334 ............................
335 ............................
VerDate Aug<31>2005
Channel Nos.
315–355–395–435–
475
316–356–396–436–
476
317–357–397–437–
477
318–358–398–438–
478
331–371–411–451–
491
332–372–412–452–
492
333–373–413–453–
493
334–374–414–454–
494
335–375–415–455–
495
16:43 Dec 27, 2005
Jkt 205001
371, 373, 374, 375,
376, 377, 378, 395,
396, 397, 398
(2) The channels listed in Table 4D
are available within 113 km (70 mi) of
the center city coordinates of Atlanta,
GA, only to eligibles in the SMR
category—which consists of Specialized
Mobile Radio (SMR) stations and
eligible end users. The center city
coordinates of Atlanta, GA—for the
purposes of this rule—are defined as
33°44′55″ NL, 84°23′17″ WL. 800 MHz
high density cellular systems as defined
in § 90.7 are prohibited on these
channels. These channels are available
for intercategory sharing as indicated in
§ 90.621(e). 800 MHz high density
cellular systems as defined in § 90.7 are
prohibited on these channels. These
channels are available for intercategory
sharing as indicated in § 90.621(e).
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*
*
*
*
(g) In a given 800 MHz NPSPAC
region, channels below 471 listed in
Tables 2 and 4B which are vacated by
licensees relocating to channels 551–
830 and which remain vacant after band
reconfiguration will be available as
follows:
*
*
*
*
*
(h) In a given 800 MHz NPSPAC
region, channels below 471 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:
*
*
*
*
*
(i) Special Mobilized Radio Systems
licensees who operate systems, other
than 800 MHz high density cellular
systems, on any of the public safety
channels listed in Table 1 prior to
January 21, 2005, are grandfathered and
may continue to operate on these
channels indefinitely. These
grandfathered licensees will be
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
prohibited from operating 800 MHz high
density cellular systems as defined in
§ 90.7. Site-based licensees who are
grandfathered on any of the public
safety channels listed in Table 1 may
modify their license only if they obtain
concurrence from a certified public
safety coordinator in accordance with
§ 90.175(c). Grandfathered EA-based
licensees, however, are exempt from any
of the frequency coordination
requirements of § 90.175 as long as their
operations remain within the Economic
Area defined by their license in
accordance with the requirements of
§ 90.683(a).
(j) Licensees operating 800 MHz high
density cellular systems on the channels
listed in § 90.614(a), prior to January 21,
2005, may elect to continue operating
on these channels and will be permitted
to continue operating 800 MHz high
density cellular systems (as defined in
§ 90.7) in this portion of the band. These
licensees will be grandfathered
indefinitely subject to the provisions of
§§ 90.673, 90.674 and 90.675.
(k) Licensees may operate systems
other than 800 MHz high density
cellular systems (as defined in § 90.7) on
Channels 511–550 at any location
vacated by an EA-based SMR licensee.
For operations on these channels,
unacceptable interference (as defined in
§ 22.970 of this chapter and § 90.672)
will be deemed to occur only at sites
where the following median desired
signals are received (rather than those
specified in § 22.970(a)(1)(i) of this
chapter and § 90.672(a)(1(i). The
minimum required median desired
signal, as measured at the R.F. input of
the receiver, will be as follows:
*
*
*
*
*
I 11. In § 90.619 paragraph (d)(2) is
revised to read as follows:
§ 90.619 Frequencies available for use in
the U.S./Mexico and U.S./Canada border
areas.
*
*
*
*
(d) * * *
(2) All frequency assignments made
pursuant to paragraph (d)(1) of this
section shall comply with the
requirements of § 90.619(b).
*
*
*
*
*
I 12. In § 90.672, the section heading
and the introductory text of paragraph
(a) are revised to read as follows:
rwilkins on PROD1PC63 with RULES
*
§ 90.672 Unacceptable interference to noncellular 800 MHz licensees from 800 MHz
cellular systems or Part 22 Cellular
Radiotelephone systems.
(a) Definition. Except as provided in
47 CFR 90.617(k), unacceptable
interference to non-cellular licensees in
the 800 MHz band from 800 MHz
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16:43 Dec 27, 2005
Jkt 205001
cellular systems or part 22 of this
chapter, Cellular Radiotelephone
systems will be deemed to occur when
the below conditions are met:
*
*
*
*
*
I 13. In § 90.674, paragraphs (a)
introductory text and (c)(1) introductory
text are revised to read as follows:
§ 90.674 Interference resolution
procedures before, during and after band
reconfiguration.
(a) Initial Notification. Any noncellular licensee operating in the 806–
824/851–869 MHz band who reasonably
believes it is receiving unacceptable
interference, as described in § 90.672,
shall provide an initial notification of
the interference incident. This initial
notification of an interference incident
shall be sent to all part 22 of this
chapter Cellular Radiotelephone
licensees and ESMR licensees who
operate cellular base stations (‘‘cell
sites’’) within 1,524 meters (5,000 feet)
of the interference incident.
*
*
*
*
*
(c) * * *
(1) All 800 MHz cellular system
licensees and part 22 of this chapter
Cellular Radiotelephone licensees who
are responsible for causing unacceptable
interference shall take all affirmative
measures to resolve such interference.
800 MHz cellular system licensees
found to contribute to harmful
interference, as defined in § 90.672,
shall resolve such interference in the
shortest time practicable. 800 MHz
cellular system licensees and part 22 of
this chapter Cellular Radiotelephone
licensees must provide all necessary test
apparatus and technical personnel
skilled in the operation of such
equipment as may be necessary to
determine the most appropriate means
of timely eliminating the interference.
However, the means whereby
interference is abated or the cell
parameters that may need to be adjusted
is left to the discretion of involved 800
MHz cellular system licensees and/or
part 22 of this chapter Cellular
Radiotelephone licensees, whose
affirmative measures may include, but
not be limited to, the following
techniques:
*
*
*
*
*
I 14. In § 90.676 paragraphs (b)(3),
(b)(4), and (b)(5) are revised to read as
follows:
§ 90.676 Transition administrator for
reconfiguration of the 806–824/851–869 MHz
band in order to separate high-density
cellular systems from non-cellular systems.
*
*
*
(b) * * *
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*
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*
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76711
(3) Provide quarterly progress reports
to the Commission in such detail as the
Commission may require and include,
with such reports, certifications by
Nextel and the relevant licensees that
relocation has been completed and that
both parties agree on the amount
received from the letter of credit
proceeds in connection with relocation
of the licensees’ facilities. The report
shall include description of any
disputes that have arisen and the
manner in which they were resolved.
These quarterly reports need not be
audited. The Transition Administrator
may select the dates for filing the
quarterly progress reports;
(4) Provide to the Public Safety and
Critical Infrastructure Division with an
annual audited statement of relocation
funds expended to date, including
salaries and expenses of Transition
Administrator. The Transition
Administrator may select the date for
filing the annual audited statement;
(5) Facilitate resolution of disputes by
mediation; or referral of the parties to
alternative dispute resolution services
as described in § 90.677(d).
*
*
*
*
*
I 15. In § 90.677, the introductory
paragraph and paragraph (d) are revised
to read as follows:
§ 90.677 Reconfiguration of the 806–824/
851–869 MHz band in order to separate
high-density cellular systems from noncellular systems.
In order to facilitate reconfiguration of
the 806–824/851–869 MHz band (‘‘800
MHz band’’) to separate high-density
cellular systems from non-cellular
systems, Nextel Communications, Inc.
(Nextel) may relocate incumbents
within the 800 MHz band by providing
‘‘comparable facilities.’’ For the limited
purpose of band reconfiguration, the
provisions of § 90.157 shall not apply
and inter-category sharing will be
permitted under all circumstances. Such
relocation is subject to the following
provisions:
*
*
*
*
*
(d) Transition Administrator. (1) The
Transition Administrator, or other
mediator, shall attempt to resolve
disputes referred to it before the
conclusion of the mandatory negotiation
period as described in § 90.677(c)
within thirty working days after the
Transition Administrator has received a
submission by one party and a response
from the other party. Any party
thereafter may seek expedited nonbinding arbitration which must be
completed within thirty days of the
Transition Administrator’s, or other
mediator’s recommended decision or
advice. Should issues still remain
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76712
Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
unresolved they may be referred to the
Chief of the Public Safety and Critical
Infrastructure Division of the Wireless
Telecommunications Bureau within
thirty days of the Transition
Administrator’s, or other mediator’s
recommended decision or advice. When
referring an unresolved matter to the
Chief of the Public Safety and Critical
Infrastructure Division, the Transition
Administrator shall forward the entire
record on any disputed issues,
including such dispositions thereof that
the Transition Administrator has
considered. Upon receipt of such record
and advice, the Commission will decide
the disputed issues based on the record
submitted. The authority to make such
decisions is delegated to the Chief of the
Public Safety and Critical Infrastructure
Division of the Wireless
Telecommunications Bureau who may
decide the disputed issue or designate it
for an evidentiary hearing before an
Administrative Law Judge. If the Chief
of the Public Safety and Critical
Infrastructure Division of the Wireless
Telecommunications Bureau decides an
issue, any party to the dispute wishing
to appeal the decision may do so by
filing with the Commission, within ten
days of the effective date of the initial
decision, a Petition for de novo review;
whereupon the matter will be set for an
evidentiary hearing before an
Administrative Law Judge. Any disputes
submitted to the Transition
Administrator after the conclusion of
the mandatory negotiation period as
described in § 90.677(c) shall be
resolved as described in § 90.677(d)(2).
(2) If no agreement is reached during
either the voluntary or mandatory
negotiating periods, all disputed issues
shall be referred to the Transition
Administrator who shall attempt to
resolve them. If disputed issues remain
thirty working days after the end of the
mandatory negotiation period, the
Transition Administrator shall forward
the record to the Chief of the Public
Safety and Critical Infrastructure
Division, together with advice on how
the matter(s) may be resolved. The Chief
of the Public Safety and Critical
Infrastructure Division is hereby
delegated the authority to rule on
disputed issues, de novo. If the Chief of
the Public Safety and Critical
Infrastructure Division of the Wireless
Telecommunications Bureau decides an
issue, any party to the dispute wishing
to appeal the decision may do so by
filing with the Commission, within ten
days of the effective date of the initial
decision, a Petition for de novo review;
whereupon the matter will be set for an
VerDate Aug<31>2005
16:43 Dec 27, 2005
Jkt 205001
evidentiary hearing before an
Administrative Law Judge.
*
*
*
*
*
I 16. In § 90.685 paragraph (e) is added
to read as follows:
§ 90.685 Authorization, construction and
implementation of EA licenses.
*
*
*
*
*
(e) EA licensees operating on
channels listed in § 90.614(b) and (c)
must implement an Enhanced
Specialized Mobile Radio (ESMR)
system—as defined in § 90.7—on their
EA license and any associated site-based
licenses prior to the expiration date of
the EA license. EA licensees operating
on these channels shall follow the
construction notification procedures set
forth in § 1.946(d) of this chapter.
Failure to implement an ESMR system
on their EA and site-based licenses
before the expiration date of the EA
license will result in termination of the
EA license and any associated site-based
licenses pursuant to § 1.946(c) of this
chapter.
[FR Doc. 05–24373 Filed 12–27–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 03–123; DA 05–3139]
Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals With Hearing and Speech
Disabilities
Federal Communications
Commission.
ACTION: Final rule; expiration of waiver.
AGENCY:
SUMMARY: In this document, the
Commission extends for an additional
year the waiver of the emergency (911)
call handling requirement for providers
of Video Relay Service (VRS). The
Commission extends the waiver for one
year in view of continued technological
challenges to determining the
geographic location of
telecommunications relay service (TRS)
calls that originate via the Internet, and
the VRS 911 NPRM addressing the
issue.
The waiver of the emergency
(911) call handling requirement will
expire on January 1, 2007, or upon the
release of an order addressing the VRS
emergency (911) call handling issue,
whichever comes first.
FOR FURTHER INFORMATION CONTACT:
Thomas Chandler, (202) 418–1475
DATES:
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
(voice), (202) 418–0597 (TTY), or e-mail
Thomas.Chandler@fcc.gov.
On
December 31, 2001, the Commission
released Telecommunications Relay
Services and Speech-to-Speech Services
for Individuals with Hearing and Speech
Disabilities, Waiver Order, DA 01–3029,
CC Docket No. 98–67, 17 FCC Rcd 157
(2001), granting VRS providers a waiver
until December 31, 2003, of certain TRS
mandatory minimum standards,
including the emergency call handling
requirement. On December 19, 2003, the
Commission released
Telecommunications Relay Services and
Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, Order, DA 03–4029, CC
Docket No. 98–67, 18 FCC Rcd 26309
(2003), extending the waiver to June 30,
2004. On June 30, 2004, the Commission
released Telecommunications Relay
Services and Speech-to-Speech Services
for Individuals with Hearing and Speech
Disabilities, 2004 TRS Report and
Order, FCC 04–137, CC Docket No. 98–
67, which published in the Federal
Register on September 1, 2004 (69 FR
53382) again extending the waiver until
January 1, 2006. This is a summary of
the Commission’s Order DA 05–3139,
adopted December 2, 2005, released
December 5, 2005. To request materials
in accessible formats for people with
disabilities (Braille, large print,
electronic files, audio format), send an
e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs
Bureau at (202) 418–0530 (voice) or
(202) 418–0432 (TTY). The
Commission’s Order DA 05–3139 can
also be downloaded in Word and
Portable Document Format (PDF) at
https://www.fcc.gov/cgb.dro.
SUPPLEMENTARY INFORMATION:
Synopsis
The Commission’s TRS regulations set
forth operational, technical, and
functional mandatory minimum
standards applicable to the provision of
TRS. See 47 CFR 64.604 (the TRS
‘‘mandatory minimum standards’’).
These standards apply to all forms of
TRS when they are offered, unless they
are waived. Therefore, to be eligible for
reimbursement from the Interstate TRS
Fund for the provision of TRS, the
provider must meet all applicable nonwaived mandatory minimum standards.
See Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, Report and Order and
Further Notice of Proposed Rulemaking
(Improved TRS Order and FNPRM), FCC
00–56, CC Docket No. 98–67, which
E:\FR\FM\28DER1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Rules and Regulations]
[Pages 76704-76712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24373]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 22 and 90
[WT Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18; RM-
9498; RM-10024; FCC 05-174]
Private Land Mobile Services; 800 MHz Public Safety Interference
Proceeding
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document the Commission amends the definition of an
Enhanced Specialized Mobile Radio (ESMR) system; further delineates the
relocation rights of 800 MHz incumbent licensees; narrows the Expansion
Band in the Atlanta, Georgia region; reaffirms the Commission's
authority to grant Nextel Communications, Inc. (Nextel) spectrum rights
to ten megahertz of spectrum in the 1.9 GHz band; permits the
Transition Administrator (TA) to follow a calendar year for reporting
schedule purposes; permits Nextel to receive credit in the 800 MHz
`true-up' process for the relocation of certain additional BAS
incumbent licensees whose licenses were issued prior to November 12,
2004; and clarifies the definitions of ``unacceptable interference''
and ``Critical Infrastructure Industries'' (CII).
DATES: Effective January 27, 2006.
FOR FURTHER INFORMATION CONTACT: Technical Information: Brian Marenco,
Brian.Marenco@FCC.gov, Public Safety
[[Page 76705]]
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 is a summary of the Federal
Communications Commission's Memorandum Opinion and Order, FCC 05-174,
adopted October 3, 2005 and released on October 5, 2005.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
1.-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. Report to Congress
3. The Commission will send a copy of this Memorandum Opinion and
Order 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).
C. Supplemental Final Regulatory Flexibility Analysis
4. 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.'' As required by the RFA an
Initial Regulatory Flexibility Analysis (``IRFA'') was incorporated in
the Notice of Proposed Rulemaking (``800 MHz NPRM'') in this
proceeding. The Commission sought written public comment on the
proposals in the 800 MHz NPRM, including comment on the IRFA. Based
upon the comments in response to the 800 MHz NPRM and the IRFA, the
Commission included a Final Regulatory Flexibility Analysis (``FRFA'')
in the Report and Order (800 MHz R&O) in this proceeding. The
Commission subsequently sought comment on ex parte presentations filed
in this proceeding. In the Supplemental Order and Order on
Reconsideration (Supplemental Order), the Commission, on its own
motion, amended the rules in a manner that did not significantly affect
small entities beyond the terms set forth in the FRFA. Accordingly, the
Commission included a Supplemental Regulatory Flexibility Analysis
(``Supplemental FRFA'') addressing those amendments consistent with the
RFA.
5. This Memorandum Opinion and Order clarifies portions of the 800
MHz R&O and companion Supplemental Order and addresses petitions for
reconsideration of the Commission's decisions in the 800 MHz R&O and
the Supplemental Order. Interested parties were afforded notice and
opportunity to comment on the petitions for reconsideration of the 800
MHz R&O and Supplemental Order. See 70 FR 17327. Several parties filed
oppositions to the petitions for reconsideration and replies to the
oppositions. The clarifications we make in this MO&O are in response to
the various petitions for reconsideration, oppositions and replies that
have been filed thus far. Accordingly, this Supplemental Regulatory
Flexibility Analysis (``Supplemental FRFA'') addresses those
clarifications and conforms to the RFA.
Need for, and Objectives of, the Order on Reconsideration
6. By way of background the 800 MHz R&O adopted a plan comprised of
both long-term and short-term components that the Commission concluded
represented the most effective solution to the problem of interference
to public safety licensees in the 800 MHz band. The Commission
addressed the ongoing interference problem over the short-term by
adopting technical standards defining unacceptable interference in the
800 MHz band and detailing responsibility for interference abatement.
The long-term component augmented the short-term component by
reconfiguring the 800 MHz band to separate generally incompatible
technologies whose current proximity to each other is the identified
root cause of unacceptable interference.
7. Enhanced Specialized Mobile Radio Systems. In this proceeding
the Commission divided the 800 MHz band into a cellular portion and
non-cellular portion to create spectral separation between incompatible
technologies. Section 90.614 provides that the cellular portion would
be reserved for licensees that operate cellular high-density systems.
Several parties sought reconsideration of the eligibility and operating
requirements applicable to the cellular band arguing that these
requirements are overly restrictive.
8. On our own motion we clarify the definition of ESMR system in
order to resolve an ambiguity between the text of the 800 MHz R&O and
Sec. 90.7 of the accompanying rules. This clarification is significant
to the extent that it defines those licensees that may elect to be
relocated into the cellular portion of the band. When the Commission
first established the eligibility criteria for relocation into the
cellular portion of the band, it spoke to existing ``ESMR'' systems.
The 800 MHz R&O inadvertently defined ESMR systems as those that employ
``high density'' cellular architecture. However the 800 MHz R&O had
also referred to an ``ESMR system,'' more generally, as a term to
describe systems that use multiple, interconnected, multi-channel
transmit/receive cells and employ frequency reuse to serve a larger
number of subscribers than is possible using non-cellular technology.
We resolve this contradiction by amending rule Sec. 90.7 to eliminate
the ``high density'' qualification for ESMR status. The practical
effect of this clarification is to ensure licensees operating in the
ESMR band have a fair amount of flexibility in the management of their
systems. The purpose of this clarification is to distinguish between
high-density systems that may not be operated in the non-ESMR portion
of the band not to require EA licensees that relocate to the ESMR band
to operate high-density systems should they elect to operate in the
ESMR band. To this end we also adopt a definition of ``800 MHz high-
density cellular system'' and ``800 MHz cellular system'' and revise
several part 22 and 90 rules to incorporate the distinction between 800
MHz cellular systems and high-density cellular systems in order to more
efficiently implement our band reconfiguration plan.
Economic Area Licensees
9. We also clarify that Economic Area (EA) licensees that elect to
relocate to the cellular band may relocate site-based systems so long
as they deploy a cellular system on their combined facilities by the
end of their EA license term. We also clarify that those incumbent EA
licensees that operate non-cellular systems in that portion of the
cellular band known as the ``Upper 200 band,'' must relocate from the
cellular band unless they deploy a cellular system. Failure to
construct a cellular system will result in automatic cancellation of
the relocated EA license and any site-based facilities relocated to the
cellular band. The purpose of this clarification is to: (1) Avoid
replicating in the cellular band the same incompatible mix of
technologies that resulted in this proceeding; (2) ensure that
licensees genuinely interested in competing with cellular operators
have the opportunity to move forward with
[[Page 76706]]
their business plans and (3) inhibit the ability of speculative
licensees to allow valuable spectrum to lie fallow or under utilized in
an attempt to maximize resale value. In this connection, EA licensees,
consistent with their existing construction and operational
obligations, must notify the Commission whether they have constructed
in accordance with the operational rules governing the ESMR band.
Overall, this clarification confers upon EA licensees the benefit of
added flexibility.
Unacceptable Interference
10. In the 800 MHz R&O, the Commission adopted an objective
standard for defining what constitutes ``unacceptable interference'' to
public safety and other non-cellular systems in the 800 MHz band. The
purpose of defining unacceptable interference is to determine the
rights and responsibilities of parties to alleviate interference. One
petitioner requested that we clarify that the ``unacceptable
interference'' standard will apply only to interference created by
licensees employing cellular architecture systems. According to this
petitioner the heading and text of Sec. 90.672 implies that
``unacceptable interference'' could be created by any type of licensee
including non-cellular licensees. We clarify the heading and text of
Sec. 90.672 to specify that ``unacceptable interference'' to 800 MHz
non-cellular licensees is that which originates from one or a
combination of 800 MHz cellular-architecture licensees, regardless of
whether the cellular-architecture licensee employs a ``high-density''
or ``low-density'' cellular system. In this connection we replace the
reference to harmful interference in Sec. 90.672 with the term
unacceptable interference.
Critical Infrastructure Industry
11. One Petitioner pointed out that Sec. 90.7 imprecisely defined
Critical Infrastructure Industries (CII). Accordingly we clarify the
definition of CII.
Southeast Region Band Plan
12. Section 90.617 is updated to reflect the distribution of
channels between the various pool categories in the SouthernLINC/Nextel
counties listed in Sec. 90.614(c). In the 800 MHz R&O the Commission
adopted a band plan for the Southeast Region. Part of this band plan
included a 1 MHz Expansion band, designed to create spectral separation
between public safety and ESMR operations. Subsequently we have
received petitions for reconsideration seeking to eliminate or reduce
the size of the Expansion band because there is insufficient amount of
spectrum to accommodate Public Safety and cellular operations in the
Atlanta market. Accordingly, we reduce the size of the Expansion band
in the Atlanta market and up to seventy miles outside Atlanta.
Transition Administrator Reports
13. Sections 90.676(b)(3) and (4) are revised to allow the
Transition Administrator to choose the date for filing quarterly and
annual reports regarding band reconfiguration. Previously Sec. 90.676
required that the TA submit its reports based on the effective date of
the Report and Order. We have since learned that this requirement would
be complicated by Nextel Communications, Inc.'s obligations to the
Securities and Exchange Commission. We therefore modify our rules to
permit the TA to file its quarterly and annual reports with the
Commission on the first business day following Nextel's quarterly and
annual filings with the Securities and Exchange Commission.
Dispute Resolution
14. One petitioner pointed out an ambiguity and inadvertent
omission in our 800 MHz band reconfiguration dispute resolution
procedures. Accordingly we revise Sec. 90.677(d) of our rules to
clarify that the Transition Administrator must forward unresolved
disputed issues remaining at the end of the mandatory negotiation
period within thirty days of the end of the mandatory negotiation
period. We also will modify Sec. 90.674 of our rules to codify the
dispute resolution procedures set forth in the text of the 800 MHz R&O.
Frequency Coordination
15. Section 90.175 is revised to clarify that 800 MHz Economic Area
licensees and 900 MHz SMR licensees will continue to be exempt from
frequency coordination requirements. Previously, in the Supplemental
Order we provided that 800 MHz site-based SMR licensees will be subject
to frequency coordination in the 800 MHz band but inadvertently omitted
this requirement from the rules. Accordingly we correct this omission.
Summary of Significant Issues Raised in Response to the FRFA
16. No parties have addressed the FRFA in any subsequent filings.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
17. The RFA generally defines ``small entity'' as having the same
meaning as the terms ``small business,'' ``small organization,'' and
``small governmental jurisdiction.'' [FN352] 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).
18. In this MO&O, the Commission is amending the final rules
adopted in the 800 MHz R&O and Supplemental Order. In this Further
FRFA, we incorporate by reference the description and estimate of the
number of small entities from the FRFA in the 800 MHz R&O, which
identifies as potentially affected entities Governmental Licensees,
Public Safety Radio Licensees, Wireless Telecommunications, Business,
Industrial and Land Transportation Licensees, and Specialized Mobile
Radio Licensees.
19. A small organization is generally ``any not-for-profit
enterprise which is independently owned and operates and is not
dominant in its field.'' Nationwide as of 2002, there were
approximately 1.6 million small organizations. The term ``small
governmental jurisdiction'' is defined as ``governments of cities,
towns, townships, villages, school districts, or special districts,
with a population of less than fifty thousand.'' As of 1997, there were
approximately 87,453 governmental jurisdictions in the United States.
This number includes 39,044 county governments, municipalities and
townships, of which 37,546 (approximately 96.2%) have populations of
fewer than 50,000, and of which 1,498 have populations of 50,000 or
more. Thus, we estimate the number of small governmental jurisdictions
overall to be 84,098 or fewer. Nationwide, there are a total of
approximately 22.4 million small businesses, according to SBA data.
Description of Projected Reporting, Recordkeeping and other Compliance
Requirements
20. We do not adopt new reporting, recordkeeping or other
compliance requirements in this MO&O.
Steps Taken to Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
21. 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
[[Page 76707]]
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.
22. As noted above, we reduce the size of the Expansion band in
Atlanta, rather than eliminating the Expansion band in the Atlanta
area. Although we reduce the Expansion band in Atlanta by .5 MHz, we
maintain spectral separation between public safety and ESMR band
operations. The purpose of maintaining spectral separation between
public safety licensees operating in the non-cellular band and ESMR
licensees operating in the cellular band is to reduce the incidence of
interference to public safety. In contrast, if we had eliminated the
Expansion band, we would have eliminated any spectral separation
between public safety and ESMR systems operating in the cellular
portion of the band. Further, public safety will continue to be
entitled to interference protection from unacceptable interference. As
a concession, however, some Atlanta-based B/ILT incumbents who would
otherwise not be required to change frequencies will be required to
relocate to the Expansion Band in order to accommodate public safety
licensees relocating below the Expansion Band.
23. The Commission will send a copy of this Memorandum Opinion and
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 Memorandum Opinion and Order Final
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy
of the SBA. See 5 U.S.C. 605(b).
A summary of this Memorandum Opinion and Order and this
certification will also be published in the Federal Register.
List of Subjects in 47 CFR Parts 22 and 90
Communications, Communications common carriers, Communications
equipment, Radio, Reporting and recordkeeping requirements.
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 22 and 90 as follows:
PART 22--PUBLIC MOBILE SERVICES
0
1. The authority citation for part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 222, 303, 309 and 332.
0
2. In Sec. 22.970, the section heading and paragraph (a) introductory
text are revised to read as follows:
Sec. 22.970 Unacceptable interference to part 90 non-cellular 800 MHz
licensees from cellular radiotelephone or part 90-800 MHz cellular
systems.
(a) Definition. Except as provided in 47 CFR 90.617(k),
unacceptable interference to non-cellular part 90 licensees in the 800
MHz band from cellular radiotelephone or part 90-800 MHz cellular
systems will be deemed to occur when the below conditions are met:
* * * * *
0
3. In Sec. 22.971 paragraph (a) is revised to read as follows:
Sec. 22.971 Obligation to abate unacceptable interference.
(a) Strict Responsibility. Any licensee who, knowingly or
unknowingly, directly or indirectly, causes or contributes to causing
unacceptable interference to a non-cellular part 90 of this chapter
licensee in the 800 MHz band, as defined in Sec. 22.970, shall be
strictly accountable to abate the interference, with full cooperation
and utmost diligence, in the shortest time practicable. Interfering
licensees shall consider all feasible interference abatement measures,
including, but not limited to, the remedies specified in the
interference resolution procedures set forth in Sec. 22.972(c). This
strict responsibility obligation applies to all forms of interference,
including out-of-band emissions and intermodulation.
* * * * *
0
4. In Sec. 22.972, paragraph (c)(1) introductory text is revised to
read as follows:
Sec. 22.972 Interference resolution procedures.
* * * * *
(c) * * *
(1) All Cellular Radiotelephone and part 90 of this chapter--800
MHz cellular system licensees who are responsible for causing
unacceptable interference shall take all affirmative measures to
resolve such interference. Cellular Radiotelephone licensees found to
contribute to unacceptable interference, as defined in Sec. 22.970,
shall resolve such interference in the shortest time practicable.
Cellular Radiotelephone licensees and part 90 of this chapter--800 MHz
cellular system licensees must provide all necessary test apparatus and
technical personnel skilled in the operation of such equipment as may
be necessary to determine the most appropriate means of timely
eliminating the interference. However, the means whereby interference
is abated or the cell parameters that may need to be adjusted is left
to the discretion of the Cellular Radiotelephone and/or part 90 of this
chapter--800 MHz cellular system licensees, whose affirmative measures
may include, but not be limited to, the following techniques:
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
5. The authority citation for part 90 continues to read as follows:
Authority: 4(i), 11, 303(g), 303(r), and 332(c)(7) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
0
6. In Sec. 90.7, the definition for ``Cellular System (800 MHZ)'' is
removed, the definition for ``800 MHz Cellular System'' is added in its
place, the definition for ``800 MHz High Density Cellular System'' is
added following the definition for ``800 MHz Cellular System'', and the
definition for ``Critical Infrastructure Industry (CII)'' is revised to
read as follows:
Sec. 90.7 Definitions.
* * * * *
800 MHz Cellular System. In the 806-824 MHz/ 851-869 MHz band, a
system that uses multiple, interconnected, multi-channel transmit/
receive cells capable of frequency reuse and automatic handoff between
cell sites to serve a larger number of subscribers than is possible
using non-cellular technology.
800 MHz High Density Cellular System. In the 806-824 MHz/ 851-869
MHz band, a high density cellular system is defined as a cellular
system which:
(1) Has more than five overlapping interactive sites featuring
hand-off capability; and
(2) Any one of such sites has an antenna height of less than 30.4
meters (100 feet) above ground level with an
[[Page 76708]]
antenna height above average terrain (HAAT) of less than 152.4 meters
(500 feet) and twenty or more paired frequencies.
* * * * *
Critical Infrastructure Industry (CII). State, local government and
non-government entities, including utilities, railroads, metropolitan
transit systems, pipelines, private ambulances, volunteer fire
departments, and not-for-profit organizations that offer emergency road
services, providing private internal radio services provided these
private internal radio services are used to protect safety of life,
health, or property; and are not made commercially available to the
public.
* * * * *
0
7. In Sec. 90.175, paragraph (j)(8) is revised to read as follows:
Sec. 90.175 Frequency coordination requirements.
* * * * *
(j) * * *
(8) Applications for SMR frequencies contained in Sec. Sec.
90.617(d) Table 4A, 90.617(e), 90.617(f) and 90.619(b)(2).
* * * * *
0
8. In Sec. 90.614, the section heading, the introductory text, and
paragraphs (a), (b) and (c) introductory text are revised to read as
follows:
Sec. 90.614 Segments of the 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 high density cellular systems--as defined in Sec.
90.7--are prohibited from operating on channels 1-550 in non-border
areas.
(b) 800 MHz high density cellular 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, 800 MHz high density
cellular systems--as defined in Sec. 90.7--are permitted to operate on
channels 411-830:
* * * * *
0
9. In Sec. 90.615, paragraph (a) introductory text is revised to read
as follows:
Sec. 90.615 Individual channels available in the General Category in
806-824/851-869 MHz band.
* * * * *
(a) In a given 800 MHz NPSPAC region, any channel in the 231-260
range which is vacated by a licensee relocating to channels 551-830 and
which remains vacant after band reconfiguration will be available as
follows:
* * * * *
0
10. In Sec. 90.617, revise paragraphs (a), (b), (d), (e), (g)
introductory text, (h) introductory text, (i) introductory text, (j)
introductory text, and (k) introductory text 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.
* * * * *
(a) Unless otherwise specified, the channels listed in Table 1 and
paragraph (a)(1) of this section are available for to eligible
applicants in the Public Safety Category which consists of licensees
eligible in the Public Safety Pool of subpart B of this part. 800 MHz
high density cellular systems as defined in Sec. 90.7 are prohibited
on these channels. These frequencies are available in non-border areas.
Specialized Mobile Radio Systems will not be authorized in this
category. These channels are available for intercategory sharing as
indicated in Sec. 90.621(e).
Table 1.--Public Safety Pool 806-816/851-861 MHz Band Channels
[70 Channels]
------------------------------------------------------------------------
Group No. Channel Nos.
------------------------------------------------------------------------
269....................................... 269-289-311-399-439
270....................................... 270-290-312-400-440
279....................................... 279-299-319-339-359
280....................................... 280-300-320-340-360
309....................................... 309-329-349-369-389
310....................................... 310-330-350-370-390
313....................................... 313-353-393-441-461
314....................................... 314-354-394-448-468
321....................................... 321-341-361-381-419
328....................................... 328-348-368-388-420
351....................................... 351-379-409-429-449
332....................................... 352-380-410-430-450
Single Channels........................... 391, 392, 401, 408, 421,
428, 459, 460, 469, 470
------------------------------------------------------------------------
(1) Channels numbers 1-230 are also available to eligible
applicants in the Public Safety Category in non-border areas. The
assignment of these channels will be done in accordance with the
policies defined in the Report and Order of Gen. Docket No. 87-112 (See
Sec. 90.16). The following channels are available only for mutual aid
purposes as defined in Gen. Docket No. 87-112: channels 1, 39, 77, 115,
153.
(2) Except as provided in paragraph (a)(3) of this section, the
channels listed in Table 1A are available in the counties listed in
Sec. 90.614(c) to eligible applicants in the Public Safety Category.
800 MHz high density cellular systems as defined in Sec. 90.7 are
prohibited on these channels. These channels are available for
intercategory sharing as indicated in Sec. 90.621(e).
Table 1A.--Public Safety Pool 806-816/851-861 MHz Band Channels for
Counties in Southeastern U.S.
[70 Channels]
------------------------------------------------------------------------
Group No. Channel Nos.
------------------------------------------------------------------------
261....................................... 261-313-324-335-353
262....................................... 262-314-325-336-354
265....................................... 265-285-315-333-351
266....................................... 266-286-316-334-352
269....................................... 269-289-311-322-357
270....................................... 270-290-312-323-355
271....................................... 271-328-348-358-368
279....................................... 279-299-317-339-359
280....................................... 280-300-318-340-360
309....................................... 309-319-329-349-369
310....................................... 310-320-330-350-370
321....................................... 321-331-341-361-372
Single Channels........................... 326, 327, 332, 337, 338,
342, 343, 344, 345, 356
------------------------------------------------------------------------
(3) The channels listed in Table 1B are available within 113 km (70
mi) of the center city coordinates of Atlanta, GA to eligible
applicants in the Public Safety Category. The center city coordinates
of Atlanta, GA--for the purposes of the rule--are defined as
33[deg]44'55'' NL, 84[deg]23'17'' WL. 800 MHz high density cellular
systems as defined in Sec. 90.7 are prohibited on these channels.
These channels are available for intercategory sharing as indicated in
Sec. 90.621(e).
[[Page 76709]]
Table 1B.--Public Safety Pool 806-816/851-861 MHz Band Channels for
Atlanta, GA
[70 Channels]
------------------------------------------------------------------------
Group No. Channel Nos.
------------------------------------------------------------------------
261....................................... 261-313-324-335-353
262....................................... 262-314-325-336-354
269....................................... 269-289-311-322-357
270....................................... 270-290-312-323-355
279....................................... 279-299-319-339-359
280....................................... 280-300-320-340-360
285....................................... 285-315-333-351-379
286....................................... 286-316-334-352-380
309....................................... 309-329-349-369-389
310....................................... 310-330-350-370-390
321....................................... 321-331-341-361-381
328....................................... 328-348-358-368-388
Single Channels........................... 317, 318, 326, 327, 332,
337, 338, 356, 371, 372
------------------------------------------------------------------------
(b) Unless otherwise specified, the channels listed in Table 2 are
available to applicants eligible in the Industrial/Business Pool of
subpart C of this part but exclude Special Mobilized Radio Systems as
defined in Sec. 90.603(c). 800 MHz high density cellular systems as
defined in Sec. 90.7 are prohibited on these channels. These
frequencies are available in non-border areas. Specialized Mobile Radio
(SMR) systems will not be authorized on these frequencies. These
channels are available for inter-category sharing as indicated in Sec.
90.621(e).
Table 2.--Business/Industrial/Land Transportation Pool 806-816/851-861
MHz Band Channels
[100 Channels]
------------------------------------------------------------------------
Group No. Channel Nos.
------------------------------------------------------------------------
322....................................... 322-362-402-442-482
323....................................... 323-363-403-443-483
324....................................... 324-364-404-444-484
325....................................... 325-365-405-445-485
326....................................... 326-366-406-446-486
327....................................... 327-367-407-447-487
342....................................... 342-382-422-462-502
343....................................... 343-383-423-463-503
344....................................... 344-384-424-464-504
345....................................... 345-385-425-465-505
346....................................... 346-386-426-466-506
347....................................... 347-387-427-467-507
Single Channels........................... 261, 271, 281, 291, 301,
262, 272, 282, 292, 302,
263, 273, 283, 293, 303,
264, 274, 284, 294, 304,
265, 275, 285, 295, 305,
266, 276, 286, 296, 306,
267, 277, 287, 297, 307,
268, 278, 288, 298, 308
------------------------------------------------------------------------
(1) Except as provided in paragraph (b)(2) of this section, the
channels listed in Table 2A are available in the counties listed in
Sec. 90.614(c) to eligible applicants in the Industrial/Business Pool
of subpart C of this part but exclude Special Mobilized Radio Systems
as defined in Sec. 90.603(c). 800 MHz high density cellular systems as
defined in Sec. 90.7 are prohibited on these channels. These channels
are available for intercategory sharing as indicated in Sec.
90.621(e).
Table 2A.--Business/Industrial/Land Transportation Pool 806-816/851-861
MHz Band for Channels in Southeastern U.S.
[69 Channels]
------------------------------------------------------------------------
Channel Nos.
------------------------------------------------------------------------
Single Channels........................... 263, 264, 267, 268, 272,
273, 274, 275, 276, 277,
278, 281, 282, 283, 284,
287, 288, 291, 292, 293,
294, 295, 296, 297, 298,
301, 302, 303, 304, 305,
306, 307, 308, 346, 347,
362, 363, 364, 365, 366,
367, 379, 380, 381, 382,
383, 384, 385, 386, 387,
388, 389, 390, 391, 392,
393, 394, 399, 400, 401,
402, 403, 404, 405, 406,
407, 408, 409, 410
------------------------------------------------------------------------
(2) The channels listed in Table 2B are available within 113 km (70
mi) of the center city coordinates of Atlanta, GA, to eligible
applicants in the Industrial/Business Pool of subpart C of this part
but exclude Special Mobilized Radio Systems as defined in Sec.
90.603(c). The center city coordinates of Atlanta, GA--for the purposes
of the rule--are defined as 33[deg]44'55'' NL, 84[deg]23'17'' WL. 800
MHz high density cellular systems as defined in Sec. 90.7 are
prohibited on these channels. These channels are available for
intercategory sharing as indicated in Sec. 90.621(e).
Table 2B.--Business/Industrial/Land Transportation Pool 806-816/851-861
MHz Band for Channels in Atlanta, GA
[69 Channels]
------------------------------------------------------------------------
Channel Nos.
------------------------------------------------------------------------
Single Channels........................... 263, 264, 265, 266, 267,
268, 271, 272, 273, 274,
275, 276, 277, 278, 281,
282, 283, 284, 287, 288,
291, 292, 293, 294, 295,
296, 297, 298, 301, 302,
303, 304, 305, 306, 307,
308, 342, 343, 344, 345,
346, 347, 362, 363, 364,
365, 366, 367, 382, 383,
384, 385, 386, 387, 391,
392, 393, 394, 399, 400,
401, 402, 403, 404, 405,
406, 407, 409, 410
------------------------------------------------------------------------
* * * * *
(d) Unless otherwise specified, the channels listed in Tables 4A
and 4B are available only to eligibles in the SMR category--which
consists of Specialized Mobile Radio (SMR) stations and eligible end
users. 800 MHz high density cellular systems, as defined in Sec. 90.7,
are prohibited on these channels. These frequencies are available in
non-border areas. The spectrum blocks listed in Table 4A are available
for EA-based services (as defined by Sec. 90.681) prior to January 21,
2005. No new EA-based services will be authorized after January 21,
2005. EA-based licensees who operate non-high-density cellular systems
prior to January 21, 2005, may choose to remain on these channels in
the non-high-density cellular portion of the 800 MHz band (as defined
in Sec. 90.614). These licensees may continue to operate non-high-
density cellular systems and will be grandfathered indefinitely. The
channels listed in Table 4B will be available for site-based licensing
after January 21, 2005, in any
[[Page 76710]]
Economic Area where no EA-based licensee is authorized for these
channels.
Table 4A.--EA-Based SMR Category 806-816/851-861 MHz Band Channels,
Available Prior to January 21, 2005
[80 Channels]
------------------------------------------------------------------------
Spectrum block Channel Nos.
------------------------------------------------------------------------
G......................................... 311-351-391-431-471
H......................................... 312-352-392-432-472
I......................................... 313-353-393-433-473
J......................................... 314-354-394-434-474
K......................................... 315-355-395-435-475
L......................................... 316-356-396-436-476
M......................................... 317-357-397-437-477
N......................................... 318-358-398-438-478
O......................................... 331-371-411-451-491
P......................................... 332-372-412-452-492
Q......................................... 333-373-413-453-493
R......................................... 334-374-414-454-494
S......................................... 335-375-415-455-495
T......................................... 336-376-416-456-496
U......................................... 337-377-417-457-497
V......................................... 338-378-418-458-498
------------------------------------------------------------------------
Table 4B.--SMR Category 806-816/851-861 MHz Band Channels, Available
After January 21, 2005, for Site-Based Licensing
[80 Channels]
------------------------------------------------------------------------
Group No. Channel Nos.
------------------------------------------------------------------------
315....................................... 315-355-395-435-475
316....................................... 316-356-396-436-476
317....................................... 317-357-397-437-477
318....................................... 318-358-398-438-478
331....................................... 331-371-411-451-491
332....................................... 332-372-412-452-492
333....................................... 333-373-413-453-493
334....................................... 334-374-414-454-494
335....................................... 335-375-415-455-495
336....................................... 336-376-416-456-496
337....................................... 337-377-417-457-497
338....................................... 338-378-418-458-498
Single Channels........................... 431, 432, 433, 434, 471,
472, 473, 474, 479, 480,
481, 488, 489, 490, 499,
500, 501, 508, 509, 510
------------------------------------------------------------------------
(1) Except as provided in paragraph (d)(2) of this section, the
channels listed in Table 4C are available in the counties listed in
Sec. 90.614(c) for non-high-density cellular operations only to
eligibles in the SMR category--which consists of Specialized Mobile
Radio (SMR) stations and eligible end users. 800 MHz high density
cellular systems as defined in Sec. 90.7 are prohibited on these
channels. These channels are available for intercategory sharing as
indicated in Sec. 90.621(e).
Table 4C.--SMR Category 806-816/851-861 MHz Band Channels Available for
Site-Based Licensing in Southeastern U.S. After January 21, 2005
[11 Channels]
------------------------------------------------------------------------
Channel Nos.
------------------------------------------------------------------------
Single Channels........................... 371, 373, 374, 375, 376,
377, 378, 395, 396, 397,
398
------------------------------------------------------------------------
(2) The channels listed in Table 4D are available within 113 km (70
mi) of the center city coordinates of Atlanta, GA, only to eligibles in
the SMR category--which consists of Specialized Mobile Radio (SMR)
stations and eligible end users. The center city coordinates of
Atlanta, GA--for the purposes of this rule--are defined as
33[deg]44'55'' NL, 84[deg]23'17'' WL. 800 MHz high density cellular
systems as defined in Sec. 90.7 are prohibited on these channels.
These channels are available for intercategory sharing as indicated in
Sec. 90.621(e). 800 MHz high density cellular systems as defined in
Sec. 90.7 are prohibited on these channels. These channels are
available for intercategory sharing as indicated in Sec. 90.621(e).
Table 4D.--SMR Category 806-816/851-861 MHz Band Channels Available for
Site-Based Licensing in Atlanta, GA after January 21, 2005
[11 Channels]
------------------------------------------------------------------------
Channel Nos.
------------------------------------------------------------------------
Single Channels........................... 373, 374, 375, 376, 377,
378, 395, 396, 397, 398,
408
------------------------------------------------------------------------
(e) The Channels listed in Sec. 90.614(b) and (c) are available to
eligibles in the SMR category--which consists of Specialized Mobile
Radio (SMR) stations and eligible end users. ESMR licensees which
employ an 800 MHz high density cellular system, as defined in Sec.
90.7, are permitted to operate on these channels in non-border areas.
ESMR licensees authorized prior to January 21, 2005, may continue to
operate, if they so choose, on the channels listed in Table 5. These
licensees will be grandfathered indefinitely.
Table 5.--ESMR Category 816-821 MHz Band Channels for Cellular
Operations in Non-Border Areas Available Prior to January 21, 2005
[200 Channels]
------------------------------------------------------------------------
Spectrum block Channel Nos.
------------------------------------------------------------------------
A......................................... 511 through 530.
B......................................... 531 through 590.
C......................................... 591 through 710.
------------------------------------------------------------------------
* * * * *
(g) In a given 800 MHz NPSPAC region, channels below 471 listed in
Tables 2 and 4B which are vacated by licensees relocating to channels
551-830 and which remain vacant after band reconfiguration will be
available as follows:
* * * * *
(h) In a given 800 MHz NPSPAC region, channels below 471 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:
* * * * *
(i) Special Mobilized Radio Systems licensees who operate systems,
other than 800 MHz high density cellular systems, on any of the public
safety channels listed in Table 1 prior to January 21, 2005, are
grandfathered and may continue to operate on these channels
indefinitely. These grandfathered licensees will be
[[Page 76711]]
prohibited from operating 800 MHz high density cellular systems as
defined in Sec. 90.7. Site-based licensees who are grandfathered on
any of the public safety channels listed in Table 1 may modify their
license only if they obtain concurrence from a certified public safety
coordinator in accordance with Sec. 90.175(c). Grandfathered EA-based
licensees, however, are exempt from any of the frequency coordination
requirements of Sec. 90.175 as long as their operations remain within
the Economic Area defined by their license in accordance with the
requirements of Sec. 90.683(a).
(j) Licensees operating 800 MHz high density cellular systems on
the channels listed in Sec. 90.614(a), prior to January 21, 2005, may
elect to continue operating on these channels and will be permitted to
continue operating 800 MHz high density cellular systems (as defined in
Sec. 90.7) in this portion of the band. These licensees will be
grandfathered indefinitely subject to the provisions of Sec. Sec.
90.673, 90.674 and 90.675.
(k) Licensees may operate systems other than 800 MHz high density
cellular systems (as defined in Sec. 90.7) on Channels 511-550 at any
location vacated by an EA-based SMR licensee. For operations on these
channels, unacceptable interference (as defined in Sec. 22.970 of this
chapter and Sec. 90.672) will be deemed to occur only at sites where
the following median desired signals are received (rather than those
specified in Sec. 22.970(a)(1)(i) of this chapter and Sec.
90.672(a)(1(i). The minimum required median desired signal, as measured
at the R.F. input of the receiver, will be as follows:
* * * * *
0
11. In Sec. 90.619 paragraph (d)(2) is revised to read as follows:
Sec. 90.619 Frequencies available for use in the U.S./Mexico and
U.S./Canada border areas.
* * * * *
(d) * * *
(2) All frequency assignments made pursuant to paragraph (d)(1) of
this section shall comply with the requirements of Sec. 90.619(b).
* * * * *
0
12. In Sec. 90.672, the section heading and the introductory text of
paragraph (a) are revised to read as follows:
Sec. 90.672 Unacceptable interference to non-cellular 800 MHz
licensees from 800 MHz cellular systems or Part 22 Cellular
Radiotelephone systems.
(a) Definition. Except as provided in 47 CFR 90.617(k),
unacceptable interference to non-cellular licensees in the 800 MHz band
from 800 MHz cellular systems or part 22 of this chapter, Cellular
Radiotelephone systems will be deemed to occur when the below
conditions are met:
* * * * *
0
13. In Sec. 90.674, paragraphs (a) introductory text and (c)(1)
introductory text are revised to read as follows:
Sec. 90.674 Interference resolution procedures before, during and
after band reconfiguration.
(a) Initial Notification. Any non-cellular licensee operating in
the 806-824/851-869 MHz band who reasonably believes it is receiving
unacceptable interference, as described in Sec. 90.672, shall provide
an initial notification of the interference incident. This initial
notification of an interference incident shall be sent to all part 22
of this chapter Cellular Radiotelephone licensees and ESMR licensees
who operate cellular base stations (``cell sites'') within 1,524 meters
(5,000 feet) of the interference incident.
* * * * *
(c) * * *
(1) All 800 MHz cellular system licensees and part 22 of this
chapter Cellular Radiotelephone licensees who are responsible for
causing unacceptable interference shall take all affirmative measures
to resolve such interference. 800 MHz cellular system licensees found
to contribute to harmful interference, as defined in Sec. 90.672,
shall resolve such interference in the shortest time practicable. 800
MHz cellular system licensees and part 22 of this chapter Cellular
Radiotelephone licensees must provide all necessary test apparatus and
technical personnel skilled in the operation of such equipment as may
be necessary to determine the most appropriate means of timely
eliminating the interference. However, the means whereby interference
is abated or the cell parameters that may need to be adjusted is left
to the discretion of involved 800 MHz cellular system licensees and/or
part 22 of this chapter Cellular Radiotelephone licensees, whose
affirmative measures may include, but not be limited to, the following
techniques:
* * * * *
0
14. In Sec. 90.676 paragraphs (b)(3), (b)(4), and (b)(5) are revised
to read as follows:
Sec. 90.676 Transition administrator for reconfiguration of the 806-
824/851-869 MHz band in order to separate high-density cellular systems
from non-cellular systems.
* * * * *
(b) * * *
(3) Provide quarterly progress reports to the Commission in such
detail as the Commission may require and include, with such reports,
certifications by Nextel and the relevant licensees that relocation has
been completed and that both parties agree on the amount received from
the letter of credit proceeds in connection with relocation of the
licensees' facilities. The report shall include description of any
disputes that have arisen and the manner in which they were resolved.
These quarterly reports need not be audited. The Transition
Administrator may select the dates for filing the quarterly progress
reports;
(4) Provide to the Public Safety and Critical Infrastructure
Division with an annual audited statement of relocation funds expended
to date, including salaries and expenses of Transition Administrator.
The Transition Administrator may select the date for filing the annual
audited statement;
(5) Facilitate resolution of disputes by mediation; or referral of
the parties to alternative dispute resolution services as described in
Sec. 90.677(d).
* * * * *
0
15. In Sec. 90.677, the introductory paragraph and paragraph (d) are
revised to read as follows:
Sec. 90.677 Reconfiguration of the 806-824/851-869 MHz band in order
to separate high-density cellular systems from non-cellular systems.
In order to facilitate reconfiguration of the 806-824/851-869 MHz
band (``800 MHz band'') to separate high-density cellular systems from
non-cellular systems, Nextel Communications, Inc. (Nextel) may relocate
incumbents within the 800 MHz band by providing ``comparable
facilities.'' For the limited purpose of band reconfiguration, the
provisions of Sec. 90.157 shall not apply and inter-category sharing
will be permitted under all circumstances. Such relocation is subject
to the following provisions:
* * * * *
(d) Transition Administrator. (1) The Transition Administrator, or
other mediator, shall attempt to resolve disputes referred to it before
the conclusion of the mandatory negotiation period as described in
Sec. 90.677(c) within thirty working days after the Transition
Administrator has received a submission by one party and a response
from the other party. Any party thereafter may seek expedited non-
binding arbitration which must be completed within thirty days of the
Transition Administrator's, or other mediator's recommended decision or
advice. Should issues still remain
[[Page 76712]]
unresolved they may be referred to the Chief of the Public Safety and
Critical Infrastructure Division of the Wireless Telecommunications
Bureau within thirty days of the Transition Administrator's, or other
mediator's recommended decision or advice. When referring an unresolved
matter to the Chief of the Public Safety and Critical Infrastructure
Division, the Transition Administrator shall forward the entire record
on any disputed issues, including such dispositions thereof that the
Transition Administrator has considered. Upon receipt of such record
and advice, the Commission will decide the disputed issues based on the
record submitted. The authority to make such decisions is delegated to
the Chief of the Public Safety and Critical Infrastructure Division of
the Wireless Telecommunications Bureau who may decide the disputed
issue or designate it for an evidentiary hearing before an
Administrative Law Judge. If the Chief of the Public Safety and
Critical Infrastructure Division of the Wireless Telecommunications
Bureau decides an issue, any party to the dispute wishing to appeal the
decision may do so by filing with the Commission, within ten days of
the effective date of the initial decision, a Petition for de novo
review; whereupon the matter will be set for an evidentiary hearing
before an Administrative Law Judge. Any disputes submitted to the
Transition Administrator after the conclusion of the mandatory
negotiation period as described in Sec. 90.677(c) shall be resolved as
described in Sec. 90.677(d)(2).
(2) If no agreement is reached during either the voluntary or
mandatory negotiating periods, all disputed issues shall be referred to
the Transition Administrator who shall attempt to resolve them. If
disputed issues remain thirty working days after the end of the
mandatory negotiation period, the Transition Administrator shall
forward the record to the Chief of the Public Safety and Critical
Infrastructure Division, together with advice on how the matter(s) may
be resolved. The Chief of the Public Safety and Critical Infrastructure
Division is hereby delegated the authority to rule on disputed issues,
de novo. If the Chief of the Public Safety and Critical Infrastructure
Division of the Wireless Telecommunications Bureau decides an issue,
any party to the dispute wishing to appeal the decision may do so by
filing with the Commission, within ten days of the effective date of
the initial decision, a Petition for de novo review; whereupon the
matter will be set for an evidentiary hearing before an Administrative
Law Judge.
* * * * *
0
16. In Sec. 90.685 paragraph (e) is added to read as follows:
Sec. 90.685 Authorization, construction and implementation of EA
licenses.
* * * * *
(e) EA licensees operating on channels listed in Sec. 90.614(b)
and (c) must implement an Enhanced Specialized Mobile Radio (ESMR)
system--as defined in Sec. 90.7--on their EA license and any
associated site-based licenses prior to the expiration date of the EA
license. EA licensees operating on these channels shall follow the
construction notification procedures set forth in Sec. 1.946(d) of
this chapter. Failure to implement an ESMR system on their EA and site-
based licenses before the expiration date of the EA license will result
in termination of the EA license and any associated site-based licenses
pursuant to Sec. 1.946(c) of this chapter.
[FR Doc. 05-24373 Filed 12-27-05; 8:45 am]
BILLING CODE 6712-01-P
