Private Land Mobile Services; 800 MHz Public Safety Interference Proceeding, 52750-52751 [E6-14788]
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Federal Register / Vol. 71, No. 173 / Thursday, September 7, 2006 / Rules and Regulations
engaged in public safety priority
communications.
(e) Non-priority communications.
DSRCS communications not listed in
paragraph (d) of this section, are nonpriority communications. If a dispute
arises concerning non-priority
communications, the licensee of the
later-registered RSU must accommodate
the operation of the early registered
RSU, i.e., interference protection rights
are date-sensitive, based on the date that
the RSU is first registered (see § 90.375)
and the later-registered RSU must
modify its operations to resolve the
dispute in accordance with paragraph (f)
of this section.
(f) Except as otherwise provided in
the ASTM–DSRC Standard (see
§ 90.379) for the purposes of paragraph
(e) of this section, objectionable
interference will be considered to exist
when the Commission receives a
complaint and the difference in signal
strength between the earlier-registered
RSU and the later-registered RSU
(anywhere within the earlier-registered
RSU’s communication zone) is 18 dB or
less (co-channel). Later-registered RSUs
causing objectionable interference must
correct the interference immediately
unless written consent is obtained from
the licensee of the earlier-registered
RSU.
Channel No.
170
172
174
175
176
178
180
181
182
184
PART 95—PERSONAL RADIO
SERVICES
6. The authority citation for part 95
continues to read as follows:
I
Authority: Sections 4, 303, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 303.
7. Section 95.1511 is revised to read
as follows:
I
§ 95.1511
Frequencies available.
(a) The following table indicates the
channel designations of frequencies
available for assignment to eligible
applicants within the 5850–5925 MHz
band for On-Board Units (OBUs): 1
Frequency range
(MHz)
Channel use
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
Reserved ....................................................................................................
Service Channel 2 .......................................................................................
Service Channel .........................................................................................
Service Channel 3 .......................................................................................
Service Channel .........................................................................................
Control Channel ..........................................................................................
Service Channel .........................................................................................
Service Channel 3 .......................................................................................
Service Channel .........................................................................................
Service Channel 4 .......................................................................................
5850–5855
5855–5865
5865–5875
5865–5885
5875–5885
5885–5895
5895–5905
5895–5915
5905–5915
5915–5925
1 The
maximum output power for portable DSRCS–OBUs is 1.0 mW. See § 95.639(i).
172 is designated for public safety applications involving safety of life and property.
3 Channel Nos. 174/176 may be combined to create a twenty megahertz channel, designated Channel No. 175. Channels 180/182 may be
combined to create a twenty-megahertz channel, designated Channel No. 181.
4 Channel 184 is designated for public safety applications involving safety of life and property.
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2 Channel
(b) Except as provided in paragraph
(c) of this section, non-reserve DSRCS
channels are available on a shared basis
only for use in accordance with the
Commission’s rules. All licensees shall
cooperate in the selection and use of
channels in order to reduce interference.
This includes monitoring for
communications in progress and any
other measures as may be necessary to
minimize interference. Licensees
suffering or causing harmful
interference within a communications
zone are expected to cooperate and
resolve this problem by mutually
satisfactory arrangements. If the
licensees are unable to do so, the
Commission may impose restrictions,
including specifying the transmitter
power, antenna height and direction,
additional filtering, or area or hours of
operation of the stations concerned.
Further, the use of any channel at a
given geographical location may be
denied when, in the judgment of the
Commission, its use at that location is
not in the public interest; the use of any
channel may be restricted as to specified
geographical areas, maximum power, or
such other operating conditions,
contained in this part or in the station
authorization.
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15:07 Sep 06, 2006
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(c) Safety/public safety priority. The
following access priority governs all
DSRCS operations:
(1) Communications involving the
safety of life have access priority over
all other DSRCS communications;
(2) Subject to a control channel
priority system management strategy
(see ASTM E2213–03 DSRC Standard at
§ 4.1.1.2(4)), DSRCS communications
involving public safety have access
priority over all other DSRC
communications not listed in paragraph
(c)(1) of this section. On-Board Units
(OBUs) operated by state or local
governmental entities are presumptively
engaged in public safety priority
communications.
(d) Non-priority communications.
DSRCS communications not listed in
paragraph (c) of this section, are nonpriority communications. If a dispute
arises concerning non-priority DSRCS–
OBU communications with Roadside
Units (RSUs), the provisions of
§ 90.377(e) and (f) of this chapter will
apply. Disputes concerning non-priority
DSRCS–OBU communications not
associated with RSUs are governed by
paragraph (b) of this section.
[FR Doc. E6–14795 Filed 9–6–06; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WT Docket No. 02–55; ET Docket No. 00–
258; ET Docket No. 95–18, RM-9498; RM–
10024; FCC 06–63]
Private Land Mobile Services; 800 MHz
Public Safety Interference Proceeding
Federal Communications
Commission.
ACTION: Correcting amendments.
AGENCY:
SUMMARY: The Federal Communications
Commission published a document in
the Federal Register on December 28,
2005, revising Commission rules. That
document contained discrepancies
between the text of the order and the
final rules set forth at § 90.677. This
document corrects the final regulations
by revising 47 CFR 90.677.
DATES: Effective September 7, 2006.
FOR FURTHER INFORMATION CONTACT:
Roberto Mussenden, Public Safety and
Critical Infrastructure Division at (202)
418–0838.
SUPPLEMENTARY INFORMATION: This is a
summary of a Federal Communications
Commission (FCC) Order which, inter
E:\FR\FM\07SER1.SGM
07SER1
Federal Register / Vol. 71, No. 173 / Thursday, September 7, 2006 / Rules and Regulations
alia, corrects a Federal Register
document (70 FR 76704, December 28,
2005). Previously, the FCC released a
Memorandum Opinion and Order,
which among other things amended the
rules governing dispute resolution
between licensees who must reconfigure
their systems to alleviate interference to
public safety communications in the
800 MHz band.
The Memorandum Opinion and Order
contained discrepancies between the
text of the order and the final rules in
§ 90.677 of the rules. In this document
we correct those discrepancies.
List of Subjects in 47 CFR Part 90
Communications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Accordingly, 47 CFR part 90 is
corrected by making the following
correcting amendments:
I
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
1. The authority citation for part 90
continues to read as follows:
I
Authority: Sections 4(i), 11, 303(g), 303(r),
and 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. Amend § 90.677, by revising
paragraph (d) to read as follows:
I
§ 90.677 Reconfiguration of the 806–824/
851–869 MHz band in order to separate
cellular systems from non-cellular systems.
ycherry on PROD1PC64 with RULES
*
*
*
*
*
(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
unresolved after mediation or
arbitration they shall be referred to the
Chief of the Public Safety and Critical
Infrastructure Division of the Wireless
Telecommunications Bureau within ten
days of the Transition Administrator’s
or other mediator’s advice, or if
arbitration has occurred, within ten
days of the completion of arbitration.
When referring an unresolved matter to
the Chief of the Public Safety and
VerDate Aug<31>2005
15:07 Sep 06, 2006
Jkt 208001
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, or other mediator, 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.
*
*
*
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[FR Doc. E6–14788 Filed 9–6–06; 8:45 am]
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52751
DEPARTMENT OF TRANSPORTATION
Office of the Secretary of
Transportation
49 CFR Part 1
[Docket No. OST–1999–6189]
RIN 9991–AA50
Organization and Delegation of Powers
and Duties
Office of the Secretary of
Transportation (OST), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule revises
delegations of authority to carry out the
Federal hazardous material
transportation law, as amended by the
Hazardous Materials Transportation
Safety and Security Reauthorization Act
of 2005 (Title VII of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users or ‘‘SAFETEA–LU’’), and in
accordance with the Norman Y. Mineta
Research and Special Programs
Improvement Act, Public Law 108–426,
118 Stat. 2423 (November 30, 2004)
(Mineta Act) that were previously
published in 71 FR 30828 (May 31,
2006). This final rule also adds
delegations of authority to the Federal
Motor Carrier Safety Administration
(FMCSA) and the Research and
Innovative Technology Administration
(RITA) to carry out certain provisions of
SAFETEA–LU.
DATES: Effective Date: September 7,
2006.
FOR FURTHER INFORMATION CONTACT:
Rebecca S. Behravesh, Attorney
Advisor, Office of General Counsel,
Department of Transportation, 400 7th
St., SW., Room 10424, Washington, DC
20590–0001; Telephone (202) 366–9314.
SUPPLEMENTARY INFORMATION:
Background
The Federal hazardous material
transportation law, 49 U.S.C. 5101 et
seq., and the regulations issued
thereunder apply to the transportation
of hazardous materials by air, railroad,
highway, and water. In 2004, the Mineta
Act established the Pipeline and
Hazardous Materials Safety
Administration (PHMSA) and RITA and
transferred Secretarial authorities
previously exercised by the Research
and Special Programs Administration
(RSPA) to PHMSA and RITA. While the
Secretary delegated authorities to
PHMSA and RITA under the Mineta
Act, the Mineta Act did not remove,
restrict, divest or restructure any
existing authority, including the
E:\FR\FM\07SER1.SGM
07SER1
Agencies
[Federal Register Volume 71, Number 173 (Thursday, September 7, 2006)]
[Rules and Regulations]
[Pages 52750-52751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14788]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18, RM-
9498; RM-10024; FCC 06-63]
Private Land Mobile Services; 800 MHz Public Safety Interference
Proceeding
AGENCY: Federal Communications Commission.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission published a document in
the Federal Register on December 28, 2005, revising Commission rules.
That document contained discrepancies between the text of the order and
the final rules set forth at Sec. 90.677. This document corrects the
final regulations by revising 47 CFR 90.677.
DATES: Effective September 7, 2006.
FOR FURTHER INFORMATION CONTACT: Roberto Mussenden, Public Safety and
Critical Infrastructure Division at (202) 418-0838.
SUPPLEMENTARY INFORMATION: This is a summary of a Federal
Communications Commission (FCC) Order which, inter
[[Page 52751]]
alia, corrects a Federal Register document (70 FR 76704, December 28,
2005). Previously, the FCC released a Memorandum Opinion and Order,
which among other things amended the rules governing dispute resolution
between licensees who must reconfigure their systems to alleviate
interference to public safety communications in the 800 MHz band.
The Memorandum Opinion and Order contained discrepancies between
the text of the order and the final rules in Sec. 90.677 of the rules.
In this document we correct those discrepancies.
List of Subjects in 47 CFR Part 90
Communications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
0
Accordingly, 47 CFR part 90 is corrected by making the following
correcting amendments:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
1. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 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
2. Amend Sec. 90.677, by revising paragraph (d) to read as follows:
Sec. 90.677 Reconfiguration of the 806-824/851-869 MHz band in order
to separate cellular systems from non-cellular systems.
* * * * *
(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 unresolved after mediation or
arbitration they shall be referred to the Chief of the Public Safety
and Critical Infrastructure Division of the Wireless Telecommunications
Bureau within ten days of the Transition Administrator's or other
mediator's advice, or if arbitration has occurred, within ten days of
the completion of arbitration. 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, or other mediator, 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.
* * * * *
[FR Doc. E6-14788 Filed 9-6-06; 8:45 am]
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