Private Land Mobile Services; Stolen Vehicle Recovery Systems, 49401-49405 [E6-13743]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Proposed Rules]
[Pages 49401-49405]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13743]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 06-142; FCC 06-107]


Private Land Mobile Services; Stolen Vehicle Recovery Systems

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document addresses a petition for rulemaking filed by 
LoJack Corporation (LoJack) on October 25, 2004. We initiate this 
rulemaking proceeding to seek comment on potential rule changes that 
could enhance Stolen Vehicle Recovery Systems (SVRS) operations. 
Specifically, we seek comment on proposed rules to permit increased 
mobile output power, the use of digital emissions, and to relax the 
limitations on duty cycles. We also seek comment on authorizing mobile 
transceivers by rule and the merits of broadening the scope to permit 
the use of frequency 173.075 MHz for operations other than SVRS. The 
purpose of this document is to develop a record in the rulemaking 
proceeding that will be utilized to determine what, if any, rule 
changes would serve the public interest.

DATES: Submit comments on or before September 22, 2006 and reply 
comments are due October 10, 2006.

ADDRESSES: You may submit comments, identified by WT Docket No. 06-142; 
FCC 06-107, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: https://
www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Rodney Conway, Rodney.Conway@FCC.gov, 
Public Safety and Critical Infrastructure Division, Wireless 
Telecommunications Bureau, (202) 418-2904, TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Notice of Proposed Rulemaking (NPRM), WT 
Docket No. 06-142, FCC 06-107, adopted July 19, 2006, and released July 
24, 2006. The full text of this document is available for inspection 
and copying during normal business hours in the FCC Reference Center, 
445 12th Street, SW., Room CY-A257, Washington, DC 20554. The complete 
text may be purchased from the Commission's duplicating contractor, 
Best Copy and Printing, Inc., Portals II, 445 12th Street, Suite CY-
B402, Washington, DC 20554. Alternative formats are available for 
people with disabilities (Braille, large print, electronic files, audio 
format), by sending an e-mail to FCC504@fcc.gov or calling the Consumer 
and Government Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).
    1. LoJack seeks amendment of section 90.20(e)(6) of the rules in 
order to modify the technical requirements of SVRS operations and 
broaden the scope of services offered on frequency 173.075 MHz. LoJack 
submits that many of its requested rule changes are necessary due to 
the transition of the SVRS frequency (173.075 MHz) from wideband to 
narrowband operations.
    2. Maximum Base Station ERP and VLU Output Power. LoJack is seeking 
increases in the permissible base station ERP from 300 watts to 500 
watts, and output power for mobile transceivers from 2.5 watts to 5 
watts. It indicates that the increases are needed because the required 
reduction in the bandwidth of the 173.075 MHz frequency will reduce the 
range of both the base station and the mobile transceiver (i.e., VLU).
    3. Accordingly, we request comments that offer definitive technical 
justification for the requested increase in base station ERP. Such 
technical justification must show the degree, if any, that narrowband 
operation would degrade the performance of LoJack's system and the 
calculations underlying the degradation assessment. In addition, 
commenting parties supporting an increase in base station power will 
need to explain how such an increase would not unreasonably increase 
the potential for the base stations to interfere with television 
Channel 7 analog and digital reception. However, given the lower

[[Page 49402]]

potential for VLUs to cause interference to TV Channel 7 reception, we 
seek comment on increasing the maximum VLU power limit from 2.5 watts 
to 5 watts.
    4. Use of Digitally Modulated Emissions. LoJack seeks to eliminate 
the limitation on emissions allowed on the SVRS frequency, so that it 
can use either analog or digital emissions, as appropriate, in order to 
take advantage of technological developments that have occurred since 
the LoJack system was first implemented.
    5. We encourage parties to express their views on the use of 
additional emission designators on the SVRS frequency in their comments 
in response to this NPRM. In particular, commenters should address 
whether it would be more appropriate to add specific emission 
designators to the rule, or to simply eliminate any restriction on 
permissible emission designators.
    6. Limitations on Duty Cycles. LoJack seeks to eliminate all 
limitations on SVRS duty cycles currently contained in the Commission's 
rules. LoJack acknowledges, the Commission decided in 2002 not to grant 
a similar request to eliminate the duty cycle restrictions, based 
primarily on a concern over potential interference to TV Channel 7 
reception and a perceived need to keep the band accessible to Federal 
Government users. Therefore, we seek comment on whether the complete 
elimination of the duty cycle restrictions contained in the 
Commission's Rules is appropriate under the circumstances presented.
    7. We nonetheless believe that some form of relief from the duty 
cycle restrictions for base station and VLUs is needed in order to help 
offset system performance difficulties when Lojack operates in a dual 
wideband and narrowband mode pending its complete transition to a 
narrowband operation. A potential bottleneck for operation of LoJack's 
SVRS systems during the transition period appears to be in the 
operation of the base stations. During that transition period, both 
narrowband and wideband SVRS systems will be operated from the same 
base stations. Accordingly, the base stations will be expected to 
handle twice the volume of transmissions of a single system. Hence, 
there is a need to increase the amount of time that the base stations 
may operate. In lieu of eliminating the duty cycle restrictions 
entirely, we propose to increase the duty cycle for SVRS base stations 
from one second for every minute, to five seconds for every minute. 
This would represent a 500 percent increase in the amount of time 
during which the SVRS base stations may operate. This five-fold 
increase in the duty cycle for base stations would provide 
significantly more time during which those stations may operate and, 
thus, should provide ample flexibility to accommodate operation of both 
narrowband and wideband SVRS systems without degrading the existing 
SVRS operations. We also propose to retain the five-second restriction 
for base stations after the transition period to narrowband operation 
is complete. We seek comment on our proposal to increase the base 
station duty cycle. We particularly seek comment with respect to the 
effect of an increased duty cycle on TV Channel 7 reception.
    8. In addition, we propose to increase the duty cycle for 
narrowband VLUs from 200 milliseconds for every ten seconds to 400 
milliseconds for every ten seconds. Correspondingly, we propose to 
increase the duty cycle for narrowbanded mobile transceivers that are 
being tracked actively from 200 milliseconds for every second to 400 
milliseconds for every second. We believe this supplementary duty cycle 
for the mobile transceivers will improve the reliability of the SVRS 
system consistent with avoidance of interference to TV Channel 7 
reception. We seek comment on the appropriateness of relaxing the duty 
cycle limits for mobile units.
    9. Channel 7 Interference Studies. LoJack also requests that we 
eliminate the requirement for TV Channel 7 interference studies. LoJack 
argues that the studies are technically and financially onerous, with 
no demonstrable benefit. To support this request, LoJack asserts that 
during the twenty years that it has been required to conduct the 
studies, there have been no complaints of interference and no findings 
of perceptible interference to viewers of TV Channel 7. LoJack believes 
that, given the absence of predicted or reported interference, the 
requirement for TV Channel 7 interference studies should be eliminated.
    10. The Commission adopted the TV Channel 7 study requirement to 
minimize the potential for SVRS operations to cause interference to the 
reception of over-the-air TV Channel 7 transmissions. Careful planning 
is required for the location of SVRS base stations in order to avoid 
their placement in locations where interference problems are likely to 
occur. This study requirement provides a means to identify specific 
locations where interference to over-the-air TV Channel 7 broadcasts is 
likely to occur from the operation of SVRS base stations. Given that 
the Commission has repeatedly said that the TV Channel 7 interference 
study requirement is an important part of ``our overall strategy to 
avoid the occurrence of harmful interference,'' it does not appear that 
LoJack has submitted sufficient information that would justify the 
removal of the requirement. We invite comment on whether the TV Channel 
7 study requirement should be eliminated, and on alternative measures 
that could be adopted to accomplish the same purpose.
    11. Licensing Mobile Transceivers by Rule. SVRS operations have 
been of significant, but necessarily limited, benefit to the public 
because economic factors have precluded installation of a network of 
base stations that would provide ubiquitous SVRS coverage nationwide. 
LoJack proposes to leverage cellular technology to activate VLUs in an 
effort to overcome this limitation. Employing existing cellular 
infrastructure could make it possible for law enforcement authorities 
equipped with vehicle tracking units (VTUs) to activate, track, and 
deactivate VLUs in stolen vehicles in areas where there are no police 
base station licensees. Thus, LoJack requests that SVRS VLUs be 
``licensed by rule'' in order to permit nationwide activation by mobile 
telephony transmissions. While we believe it is possible that SVRS 
operations could eventually be provided on a nationwide basis without 
modification of our current licensing approach, it may be more 
expeditious and efficient to permit hybrid licensing of SVRS systems by 
rule.
    12. SVRS mobile units are currently authorized under the base 
station license. In other words, the base station licensee must obtain 
all required authorizations, including those necessary to operate 
mobiles on the system. However, we recognize that there is precedent 
for authorizing radio operation by rule instead of by individual 
licensing.
    13. We invite comment on whether the public interest would be 
served by licensing SVRS VLUs by rule. Here, licensing SVRS mobile 
transceivers by rule seems practicable because it would permit rapid 
deployment of a system that could offer truly nationwide coverage by 
allowing the activation and deactivation of the units via the existing 
cellular telephone infrastructure. This would appear to greatly lessen 
the need to construct additional base stations to increase the coverage 
area of existing SVRS systems. We also note that the Commission 
previously adopted licensing by rule in the context of Radio Control 
Service, the operation of which

[[Page 49403]]

is similar SVRS, in that both involve transmitting non-voice 
communications over short distances. Would licensing mobile units by 
rule minimize regulatory burdens on both licensees and the Commission 
and, thus, facilitate deployment of SVRS operations? What need, if any, 
would be served by continuing to license SVRS mobiles under base 
station authorizations? Interested parties also should address whether 
a VLU notification or registration procedure would serve a useful 
administrative purpose. Is such a procedure needed to provide a 
reliable indication of channel occupancy, or should the Commission 
utilize other regulatory approaches for spectrum management purposes 
(e.g., equipment certification and/or operating rules)? Would some 
other method be preferable over notifying the Commission directly of 
VLU usage?
    14. We also believe that compliance and related issues should be 
considered. Under our current rules, the base station licensee, 
normally the police department, ultimately is responsible for the 
proper operation of the SVRS system: the base stations, VTUs, and VLUs. 
Under an authorization-by-rule scheme, who will be responsible for 
ensuring compliant conduct of the mobile operations? Where there is no 
individual licensing, how will the Commission enforce its rules if a 
user of an SVRS mobile unit violates our regulations, as in the case of 
a malfunctioning mobile unit that causes interference? As noted above, 
SVRS licensees operate on a co-primary basis with Federal Government 
operations. Consequently, base stations must be coordinated with the 
Federal Government prior to licensing. Because the Federal Government 
is thus aware of what geographic areas will have SVRS operations on 
frequency 173.075 MHz, Federal Government users can plan their 
operations so as not to cause interference to, or incur interference 
from, SVRS transmissions. We do not propose to change our processes 
regarding coordination of base stations. If, however, VLUs can operate 
in areas without base stations under a licensing-by-rule scheme, such 
coordination is impracticable, and it is not clear how Federal 
Government users could avoid causing or incurring interference on this 
shared frequency. It therefore may be appropriate for licensed-by-rule 
operations to be authorized on a secondary basis to Federal Government 
operations. It also may be appropriate to license by rule only 
narrowband VLUs, in order to reduce the potential for such 
interference. We invite comment on all of these issues.
    15. The Scope of Section 90.20(e)(6) Operations. Part 90 use of 
frequency 173.075 MHz is limited to the recovery of stolen vehicles; 
``general tracking and monitoring'' has always been prohibited. LoJack 
seeks to permit additional services related to public safety, health 
and welfare, and national security, such as: (1) Tracking stolen 
articles, such as cargo containers, automated teller machines, or 
hazardous material; (2) addressing user emergencies by providing 
automatic collision notification, medical emergency or vehicle fire 
notification, and carjacking alerts; (3) tracking missing or wanted 
persons; (4) locating people at risk (such as Alzheimer's patients or 
autistic children), or of interest to law enforcement officials (such 
as sex offenders, parolees, and individuals under house detention if 
established boundaries are violated); and (5) location on demand 
services authorized by public safety agencies.
    16. We note LoJack's argument that expanding the permissible use of 
frequency 173.075 MHz beyond the recovery of stolen vehicles could 
serve the public interest. A principal purpose of Sec.  90.20(e)(6) of 
the Commission's rules is to aid law enforcement, and it appears that 
SVRS operations can be put to additional uses in furtherance of that 
goal. We are concerned, however, by the breadth and vagueness of 
LoJack's proposed expansion of uses, as overuse of the frequency could 
result in spectrum congestion and interference to Federal Government 
operations sharing the frequency, as well as to television Channel 7 
analog and digital reception. We seek comment on what particular 
additional uses of frequency 173.075 MHz should be authorized. 
Commenters should explain how such purposes aid law enforcement, and 
why such proposes cannot or should not be served via other means.

I. Procedural Matters

A. Ex Parte Rules--Permit-but-Disclose Proceeding

    17. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission's Rules.

B. Comment Dates

    18. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, interested parties may file comments on or before September 22, 
2006, and reply comments are due October 10, 2006.
    19. Commenters may file comments electronically using the 
Commission's Electronic Comment Filing System (ECFS), the Federal 
Government's eRulemaking Portal, or by filing paper copies. Commenters 
filing through the ECFS can be sent as an electronic file via the 
Internet to https://www.fcc.gov/e-file/ecfs.html. If multiple docket or 
rulemaking numbers appear in the caption of this proceeding, filers 
must transmit one electronic copy for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, 
commenters should include their full name, U.S. Postal Service mailing 
address, and the applicable docket or rulemaking number. Commenters may 
also submit an electronic comment by Internet e-mail. To get filing 
instructions for e-mail comments, commenters should send an e-mail to 
ecfs@fcc.gov, and should include the following words in the body of the 
message, ``get form.'' Commenters will receive a sample form and 
directions in reply. Commenters filing through the Federal eRulemaking 
Portal https://www.regulations.gov, should follow the instructions 
provided on the Web site for submitting comments.
    20. Commenters who chose to file paper comments must file an 
original and four copies of each comment. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number. All filings must be sent to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission, 
445 12th Street, SW., Room TW-A325, Washington, DC 20554.
    21. Commenters may send filings by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. The Commission's contractor will receive hand-
delivered or messenger-delivered paper filings for the Commission's 
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002. The filing hours at this location are 8 a.m. to 7 p.m. 
Commenters must bind all hand deliveries together with rubber bands or 
fasteners and must dispose of any envelopes before entering the 
building. This facility is the only location where the Commission's 
Secretary will accept hand-delivered or messenger-delivered paper 
filings. Commenters must send commercial overnight mail (other than 
U.S. Postal Service Express Mail and Priority Mail) to 9300 East 
Hampton Drive, Capitol Heights, MD 20743.

[[Page 49404]]

Commenters should address U.S. Postal Service first-class mail, Express 
Mail, and Priority Mail to 445 12th Street, SW., Washington, DC 20554.
    22. Interested parties may view documents filed in this proceeding 
on the Commission's Electronic Comment Filing System (ECFS) using the 
following steps: (1) Access ECFS at https://www.fcc.gov/cgb/ecfs. (2) In 
the introductory screen, click on ``Search for Filed Comments.'' (3) In 
the ``Proceeding'' box, enter the numerals in the docket number. (4) 
Click on the box marked ``Retrieve Document List''. A link to each 
document is provided in the document list. Filings and comments are 
also available for public inspection and copying during regular 
business hours at the FCC Reference Information Center, 445 12th 
Street, SW., Room CY-A257, Washington, DC 20554. Filings and comments 
also may be purchased from the Commission's duplicating contractor, 
Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room 
CY-B402, Washington, DC 20554, telephone 1-800-378-3160, or via e-mail 
https://www.bcpiweb.com.

C. Paperwork Reduction Act

    23. This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden ``for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

II. Initial Regulatory Flexibility Analysis

    24. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared this present Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities by the policies and rules proposed in the Notice of Proposed 
Rulemaking. Written public comments are requested on this IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments on the Notice of Proposed Rulemaking 
provided in the item. The Commission will send a copy of the Notice of 
Proposed Rulemaking, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration. In addition, the Notice 
of Proposed Rulemaking and IRFA (or summaries thereof) will be 
published in the Federal Register.

Need for, and Objectives of, the Proposed Rules

    25. The purpose of the NPRM is to determine whether it would be in 
the public interest, convenience and necessity to amend our rules 
governing the use of frequency 173.075 MHz for stolen vehicle recovery 
systems (SVRS). In the NPRM, we propose revising Sec.  90.20(e)(6) of 
the Commission's rules to permit increased mobile power, analog and 
digital emissions, in addition to the F1D and F2D modulation schemes 
already permitted by the Commission, and relaxing the limitations on 
duty cycles. We also propose authorizing mobile transceivers by rule 
rather than by the current practice of licensing mobiles with 
individual base station authorizations. Finally, we inquire into the 
merits of broadening the scope of Sec.  90.20(e)(6) to permit the use 
of frequency 173.075 MHz for other than SVRS operations. These rule 
changes could enhance SVRS operations, assist SVRS facilities in their 
migration to narrowband technology, and aid in the expeditious and 
efficient implementation of SVRS operations, thus serving the public 
interest.

Legal Basis

    26. Authority for issuance of this NPRM is contained in sections 
4(i), 303(r), and 332(a)(2) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 303(r), 332(a)(2).

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rules Will Apply

    27. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. Under the RFA, small 
entities may include small organizations, small businesses, and small 
governmental jurisdictions. The RFA generally defines ``small 
business'' as having the same meaning as ``small business concern'' 
under the Small Business Act. A small business concern is one that: (1) 
Is independently owned and operated; (2) is not dominant in its field 
of operation; and (3) satisfies any additional criteria established by 
the Small Business Administration (SBA). A small organization is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.''
    28. Nationwide, as of 1992, there were approximately 275,801 small 
organizations. ``Small governmental jurisdiction'' generally means 
``governments of cities, counties, towns, townships, villages, school 
districts, or special districts, with a population of less than 
50,000.'' As of 1992, there were approximately 85,006 such 
jurisdictions in the United States. This number includes 38,978 
counties, cities, and towns; of these, 37,566, or ninety-six percent, 
have populations of fewer than 50,000. The Census Bureau estimates that 
this ratio is approximately accurate for all governmental entities. 
Thus, of the 85,006 governmental entities, we estimate that 81,600 
(ninety-one percent) are small entities.
    29. The proposed rule amendments may affect users of Public Safety 
Radio Pool services and private radio licensees that are regulated 
under part 90 of the Commission's rules, and Federal Governmental 
entities. The proposals may also provide marketing opportunities for 
radio manufacturers, some of which may be small businesses. Beyond this 
we are unable to quantify the potential effects on small entities. We, 
therefore, invite specific comments on this point by interested 
parties.

Public Safety Radio Services and Governmental entities

    30. As a general matter, Public Safety Radio Services include 
police, fire, local government, forestry conservation, highway 
maintenance, and emergency medical services. Neither the Commission nor 
the SBA has developed a definition of small businesses directed 
specifically toward public service licensees. Therefore, the applicable 
definition of small business is the definition under the SBA rules 
applicable to Cellular and other Wireless Telecommunications. This 
provides that a small business is a radiotelephone company employing no 
more than 1,500 persons. According to the Bureau of the Census, only 
twelve radiotelephone firms from a total of 1,178 such firms that 
operated during 1992 had 1,000 or more employees. Therefore, even if 
all twelve of these firms were public safety licensees, nearly all 
would be small businesses under the SBA's definition, if independently 
owned and operated.

Equipment Manufacturers

    31. We anticipate that at least six radio equipment manufacturers 
could be affected by our decision in this proceeding. According to the 
SBA's regulations, a radio and television broadcasting and wireless 
communications equipment manufacturing businesses must have 750 or 
fewer employees in order to qualify as a small business concern.

[[Page 49405]]

Census Bureau data indicate that there are 858 U.S. firms that 
manufacture radio and television broadcasting and communications 
equipment, and that 778 of these firms have fewer than 750 employees 
and would therefore be classified as small entities. We do not have 
information that indicates how many of the six radio equipment 
manufacturers associated with this proceeding are among these 778 
firms. Motorola, however, is a major, nationwide radio equipment 
manufacturer, and thus, we conclude that it would not qualify as a 
small business.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    32. The NPRM neither proposes nor anticipates any additional 
reporting, recordkeeping or other compliance measures.

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

    33. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    34. The NPRM solicits comment on various proposals set forth 
herein. For example, the Commission seeks comment on its proposal to 
authorize use of frequency 173.075 MHz by rule rather than by 
individual licensing. These proposals are made to reduce the regulatory 
burden for SVRS licensees, most of whom are small police entities.

Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    35. None.

III. Ordering Clauses

    36. Pursuant to sections 4(i), 303(f) and (r), and 332 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(f), 
303(r), 332, this Notice of Proposed Rulemaking is adopted.
    37. It is further ordered that the Commission's Consumer and 
Government Affairs Bureau, Reference Information Center, shall send a 
copy of the Notice of Proposed Rulemaking including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 90 as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

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

    Authority: Sections 4(i), 11, 303(g), 303(r) and 332(c)(7) of 
the Communications Act of 1934 as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).

    2. Section 90.20 is amended by revising paragraph (e)(6) to read as 
follows:


Sec.  90.20  Public Safety Pool.

* * * * *
    (e) * * *
    (6) The frequency 173.075 MHz is available for stolen vehicle 
recovery systems on a shared basis with the Federal Government.
    (i) Base station transmitters are limited to 300 watts ERP, 
regardless of the maximum authorized bandwidth.
    (ii) Mobile transmitters operating on this frequency with emissions 
authorized in a maximum bandwidth of 12.5 kHz are limited to 5.0 watts 
power output. Mobile transmitters operating on this frequency with 
emissions authorized in a maximum bandwidth of 20 kHz are limited to 
2.5 watts power output.
    (iii) Any modulation scheme may be used.
    (iv) Transmissions from mobiles authorized to operate with a 
maximum bandwidth of 20 kHz shall be limited to 200 milliseconds for 
every 10 seconds, except when a vehicle is being tracked actively 
transmissions are limited to 200 milliseconds for every second; 
transmissions for mobiles authorized to operate with a maximum 
bandwidth of 12.5 kHz shall be limited to 400 milliseconds for every 10 
seconds, except when a vehicle is being tracked actively transmissions 
are limited to 400 milliseconds for every second. Alternatively, 
transmissions from mobiles regardless of their maximum emission 
bandwidth shall be limited to 1800 milliseconds for every 300 seconds 
with a maximum of six such messages in any 30 minute period.
    (v) Transmissions from base stations shall be limited to a total 
rate of five seconds every minute regardless of the maximum authorized 
bandwidth.
    (vi) Applications for base stations operating on this frequency 
shall require coordination with the Federal Government. Applicants 
shall perform an analysis for each base station that is located within 
169 km (105 miles) of a TV Channel 7 transmitter of potential 
interference to TV Channel 7 viewers. Such base stations will be 
authorized if the applicant has limited the interference contour to 
include fewer than 100 residences or if the applicant:
    (A) Shows that the proposed site is the only suitable location 
(which, at the application stage, requires a showing that the proposed 
site is especially well-suited to provide the proposed service);
    (B) Develops a plan to control any interference caused to TV 
reception from operations; and
    (C) Agrees to make such adjustments in the TV receivers affected as 
may be necessary to eliminate interference caused by its operations. 
The licensee must eliminate any interference caused by its operation to 
TV Channel 7 reception within 30 days after notification in writing by 
the Commission. If this interference is not removed within this 30-day 
period, operation of the base station must be discontinued. The 
licensee is expected to help resolve all complaints of interference.
* * * * *
 [FR Doc. E6-13743 Filed 8-22-06; 8:45 am]
BILLING CODE 6712-01-P