Amendment of Part 90 of the Commission's Rules, 32582-32589 [E7-11221]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Proposed Rules]
[Pages 32582-32589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11221]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2, 90, and 95

[WP Docket No. 07-100, FCC 07-85]


Amendment of Part 90 of the Commission's Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) initiates a proceeding to propose miscellaneous changes to 
its rules that govern new and existing wireless technologies, devices, 
and services. Specifically, the Commission seeks comment regarding 
particular changes to its rules governing the 4.9 GHz band and the 
Wireless Medical Telemetry Service which shares spectrum. The 
Commission also solicits comment on whether or not to revise or 
eliminate provisions that are duplicative, outmoded or otherwise 
unnecessary.

DATES: Submit comments on or before August 13, 2007, and reply comments 
are due on or before September 11, 2007.

ADDRESSES: You may submit comments, identified by WP Docket No. 07-100; 
FCC 07-85, 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 P. Conway, at 
Rodney.Conway@FCC.gov, Wireless Telecommunications Bureau, (202) 418-
2904, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM) in WP Docket No. 07-100, FCC 07-85, 
adopted on May 9, 2007, and released May 14, 2007. The full text of 
this document is available for inspection and copying during normal 
business hours in the FCC Reference Center, 445 12th Street, SW., 
Washington, DC 20554. The complete text may be purchased from the 
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554. The full text may also 
be downloaded at: https://www.fcc.gov. Alternative formats are available 
to persons with disabilities by sending an e-mail to fcc504@fcc.gov or 
by calling the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).
    1. Part 90 contains the rules for both the Private Land Mobile 
Radio (PLMR) Services and certain Commercial Mobile Radio Services 
(CMRS). PLMR licensees generally do not provide for-profit 
communications services. Some examples of PLMR licensees are public 
safety agencies, businesses that use radio only for their internal 
operations, utilities, transportation entities, and medical service 
providers. CMRS licensees, by comparison, do provide for-profit 
communications services, such as paging and Specialized Mobile Radio 
services that offer customers communications that are interconnected to 
the public switched network.
    2. Frequency Coordination and Related Matters. Pursuant to Sec.  
90.621 of the Commission's rules, certain licensees are permitted to 
modify their licenses to authorize CMRS operations instead of PLMR 
operations, or vice versa. Currently, such applications require 
frequency coordination. We propose to eliminate the frequency 
coordination requirement for such applications. We ask for comment on 
this proposal. We also invite commenters to suggest other types of 
applications for which frequency coordination should no longer be 
required, such as applications to modify

[[Page 32583]]

a license to reduce the authorized bandwidth.
    3. Paging on Public Safety VHF Frequencies. We seek comment on 
whether we should place any restrictions on paging operations on VHF 
public safety frequencies, especially those frequencies reserved under 
the rules for mutual aid/interoperability communications. Finally, we 
ask whether we should eliminate paging operations in the VHF public 
safety frequencies altogether.
    4. Cross-Banding. Section 90.243(b)(1) of the Commission's rules 
state that public safety medical service systems operating in the 150-
160 MHz band are permitted to be cross-banded in order to communicate 
with systems operating in the 450-470 MHz band. All public safety 
licensees may operate cross-band repeaters under the general mobile 
relay rules in Sec.  90.243. Therefore, we propose to modify this 
section to specifically state that cross-band repeaters are permitted 
for all public safety systems. We seek comment on this proposal.
    5. Mobile Repeaters. Section 90.247(b) of the Commission's rules 
states that for frequencies below 450 MHz in the Industrial/Business 
pool, only low power frequencies (where power is limited to two watts) 
may be assigned for use by mobile repeaters and associated hand-held 
units, when separate frequencies are assigned for that purpose. After 
the part 90 radio services were consolidated, however, a greater number 
of high-power 150 MHz channels became available for use by Business and 
Special Industrial Radio (B/ILT) Services licensees and the number of 
low-power 150 MHz band frequencies available for mobile repeater 
operations was reduced when the Commission reallocated five channels to 
the part 95 Multi-Use Radio Service. In light of these developments, we 
seek tentatively conclude that restricting mobile repeaters to low-
power channels is no longer necessary. We seek comment on this 
proposal.
    6. Expired Licenses. The Land Mobile Communications Council (LMCC) 
has notified the Commission that all part 90 frequency coordinators 
have now agreed not to coordinate frequencies associated with an 
expired license until the frequency becomes available for reassignment. 
LMCC requests the Commission's cooperation in enforcing this policy. We 
seek comment on whether the rules should be amended to prohibit the 
coordination of frequencies associated with expired licenses until 
those frequencies are deleted from the ULS database.
    7. Multiple Licensing. In 1999, the Commission sought comment on 
whether to retain the multiple licensing rules. Since then, however, 
changes in the Commission's rules have created new means for multiple 
entities to share facilities. The availability and coverage of 
commercial communications systems has increased in recent years. Also, 
some PLMR licensees now may convert their stations to CMRS operation. 
In addition, users now may obtain spectrum in secondary market 
transactions. These developments lead us to revisit the Commission's 
conclusion, in 2000, that multiple licensing should be retained. 
Against this background, we request comment on whether multiple 
licensing has become unnecessary and administratively burdensome, 
considering the options discussed above.
    8. Transit Systems and Toll Roads. Under the current rules, 
publicly-operated transit systems, as governmental entities, are 
eligible to hold authorizations in the Public Safety Pool. However, not 
all metropolitan transit systems are publicly-owned. We seek comment on 
whether 47 CFR 90.20 should be amended to allow privately-run 
metropolitan transit systems to use frequencies in the Public Safety 
Pool. When toll roads are operated by government entities, the operator 
is eligible to hold an authorization in the Public Safety Pool. A 
private entity that takes over operation of a toll road ordinarily is 
not eligible for that Public Safety Pool license. We seek comment on 
how best to administer licenses associated with toll roads that are 
transferred from government to private operation.
    9. Industrial/Business Pool Eligibility. Section 90.35 of the 
Commission's rules permits licensing of entities engaged in ``[t]he 
operation of a commercial activity,'' and does not state that 
government entities cannot hold licenses in the Industrial/Business 
Pool for these activities. We seek comment on whether there is any need 
to amend 47 CFR 90.35 to state explicitly that government entities 
engaged in commercial enterprises are eligible for Industrial/Business 
Pool frequencies. We also seek comment on a request filed by National 
Public Safety Telecommunications Council (NPSTC) requesting that the 
rule be amended to permit government surveying operations to utilize 
Industrial/Business Pool itinerant frequencies because modern surveying 
equipment is manufactured to operate only on Industrial/Business Pool 
frequencies.
    10. Disturbance of AM Broadcast Station Antenna Patterns. The 
Commission's rules for other services contain requirements for detuning 
antenna structures constructed near an AM transmitting antenna. We seek 
comment on the need, if any, for similar provisions in part 90 of the 
Commission's rules.
    11. FB8T Station Class. The Commission established a new station 
class code, FB8, to identify those trunked radio systems' base and 
mobile relay channels that are not subject to a monitoring requirement 
because the applicant/licensee has obtained the necessary consent from 
co-channel licensees or has exclusive use of the channel. Authorizing 
temporary base stations anywhere within the licensee's authorized 
operating area could allow the licensee to expand the contour of its 
unmonitored operations into areas where it does not have exclusivity 
potentially resulting in interference to other licensees. Consequently, 
we no longer issue authorizations for systems with a station class of 
FB8T. We propose to renew existing FB8T authorizations with a station 
class code of FBT (temporary base), which would make it clear that 
these operations are subject to the monitoring requirement. We seek 
comment on this proposal, and on whether any corresponding amendment to 
part 90 is necessary.
    12. Reorganization of part 90. The PLMR and CMRS operations 
governed under part 90 are similar in many respects, thus it may be 
appropriate to continue to include them in the same rule part. On the 
other hand, the differences among the services may be sufficient to 
warrant them being administered under different rule parts. For 
example, it may be appropriate to move the part 90 CMRS rules to parts 
22 or 27, or to move the rules governing the Public Safety Pool to a 
separate rule part. Another option is to keep the rules in part 90, but 
reorganize them to minimize confusion and reduce regulatory burdens. We 
ask commenting parties for an analysis of the comparative costs and 
benefits associated with the foregoing alternatives.
    13. 4.9 GHz Band. We seek comment on M/A-COM's proposal to afford 
primary status to certain permanent fixed links in the 4.9 GHz band. 
Commenters should address whether, given the limited amount of spectrum 
in the 4.9 GHz band, permitting fixed operations on a primary basis may 
result in severely limiting the spectral availability and reliability 
of both permanent and ad hoc mobile networks. In addition, we propose 
to amend 47 CFR 90.1215 to reflect the revised measurement procedures 
subsequently adopted by the Commission for devices

[[Page 32584]]

that use digital modulation techniques and are regulated by part 15 of 
the rules. We find that measurement procedures should remain consistent 
between the part 15 rules and the 4.9 GHz band rules, given our 
understanding that manufacturers are considering technologies similar 
to those covered by part 15 for use in the 4.9 GHz band. We request 
comment on this proposal.
    14. Wireless Medical Telemetry Service Issues. We seek comment on 
ASHE's proposed rule changes. We seek comment on whether the rules 
should expressly set forth the terms of the agreement, or if it is 
sufficient to cross-reference the coordination plan, as ASHE proposes. 
Although ASHE and LMCC support codifying the coordination plan, we also 
seek comment on whether this is necessary or appropriate, or if 
codification of the plan would impede ASHE and LMCC in the event that 
they agree in the future to modify their procedures. Finally, we note 
that the WMTS rules do not explicitly permit WMTS systems to operate on 
a secondary basis in the portion(s) of the 1427-1432 MHz band where 
non-medical telemetry is primary. The Wireless Telecommunications 
Bureau has received both a request that it clarify that such operations 
are permitted, and a request that it clarify that such operations are 
not permitted. We seek comment on how, or if, we should amend our rules 
with respect to this issue.

I. Procedural Matters

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

    15. 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

    16. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415 and 1.419, interested parties may file comments on 
or before August 13, 2007 and reply comments on or before September 11, 
2007. All filings related to this NPRM should refer to WT Docket No. 
07-100.
    17. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS), the Federal Government's eRulemaking Portal, or 
by filing paper copies. See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121, May 1, 1998.
    18. Comments may be filed electronically using the Internet by 
accessing the ECFS: https://www.fcc.gov/cgb/ecfs/ or the Federal 
eRulemaking Portal: https://www.regulations.gov. Filers should follow 
the instructions provided on the Web site for submitting comments.
    19. For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to ecfs@fcc.gov, and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
    20. Parties who choose to file by paper must file an original and 
four copies of each filing. 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.
    21. Filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although we continue to experience delays in 
receiving U.S. Postal Service mail). All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.
    22. 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. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
    23. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    24. U.S. Postal Service first-class, Express, and Priority mail 
should be addressed to 445 12th Street, SW., Washington, DC 20554.
    25. All filings must be addressed to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554. Parties shall 
also serve one copy with the Commission's copy contractor, Best Copy 
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, (202) 488-5300, or via e-mail to 
fcc@bcpiweb.com.
    26. Availability of documents. The public may view the documents 
filed in this proceeding during regular business hours in the FCC 
Reference Information Center, Federal Communications Commission, 445 
12th Street, SW., Room CY-A257, Washington, DC 20554, and on the 
Commission's Internet Home Page: https://www.fcc.gov. Copies of comments 
and reply comments are also available through the Commission's 
duplicating contractor: Best Copy and Printing, Inc. (BCPI), Portals 
II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 
1-800-378-3160, may be reached by e-mail at fcc@bcpiweb.com or via 
BCPI's Web site at https://www.bcpiweb.com. 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), 202-418-0432 (tty).

C. Paperwork Reduction Act

    27. This document does not contain proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. In addition, therefore, it does not contain any new 
or modified ``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

    28. 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 NPRM. 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 NPRM as provided in paragraph 49 of the item. The Commission 
will send a copy of the NPRM, including this IRFA, to the Chief Counsel 
for Advocacy of the U.S. Small Business Administration. In addition, a 
copy of the NPRM and IRFA (or summaries thereof) will also be published 
in the Federal Register.

[[Page 32585]]

Need for, and Objectives of, the Proposed Rules

    29. This proceeding is part of our continuing effort to provide 
clear and concise rules that facilitate new wireless technologies, 
devices and services, and are easy for licensees to comprehend and 
understand. We believe it appropriate to review all of our regulations 
relating to administering Private Land Mobile Radio (PLMR) Services to 
determine which regulations can be clarified, streamlined or 
eliminated. In the NPRM, we seek comment on miscellaneous rule 
amendments that are intended to clarify part 90 of the Commission's 
rules. In addition, the NPRM seeks comment on eliminating certain 
regulatory requirements contained in part 90 of the Commission's rules. 
The NPRM also seeks comment regarding changes to the rules governing 
the part 95 Wireless Medical Telemetry Service, to clarify those rules 
and implement a joint coordination agreement among the relevant 
frequency coordinators. We also solicit comment on other potential part 
90 rules changes, including suggestions to revise or eliminate 
provisions that are duplicative, outmoded or otherwise unnecessary.

Legal Basis for Proposed Rules

    30. Authority for issuance of this item is contained in 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), and 332(c)(7).

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

    31. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' See 5 U.S.C. 601(6). In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act. See 5 U.S.C. 601(3). 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). See Small Business Act, 5 U.S.C. 632 (1996). A small 
organization is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
See 5 U.S.C. 601(4). Below, we further describe and estimate the number 
of small entity licensees and regulatees that may be affected by the 
rules changes proposed in this NPRM.
    32. Governmental Entities. Nationwide, there are a total of 
approximately 22.4 million small businesses, according to SBA data. See 
SBA, Programs and Services, SBA Pamphlet No. CO-0028, at page 40 (July 
2002). A ``small organization'' is generally ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.'' See 5 U.S.C. 601(4). Nationwide, as of 2002, 
there were approximately 1.6 million small organizations. See 
Independent Sector, The New Nonprofit Almanac & Desk Reference (2002). 
The term ``small governmental jurisdiction'' is defined generally as 
``governments of cities, towns, townships, villages, school districts, 
or special districts, with a population of less than fifty thousand.'' 
See 5 U.S.C. 601(5). Census Bureau data for 2002 indicate that there 
were 87,525 local governmental jurisdictions in the United States. See 
U.S. Census Bureau, Statistical Abstract of the United States: 2006, 
section 8, page 272, Table 415. We estimate that, of this total, 84,377 
entities were ``small governmental jurisdictions.'' See U.S. Census 
Bureau, Statistical Abstract of the United States: 2006, section 8, 
page 273, Table 417. Thus, we estimate that most governmental 
jurisdictions are small.
    33. Public Safety Radio Licensees. As a general matter, Public 
Safety Radio Pool licensees include police, fire, local government, 
forestry conservation, highway maintenance, and emergency medical 
services. See subparts A and B of part 90 of the Commission's rules, 47 
CFR 90.1-90.22. The SBA rules contain a definition for cellular and 
other wireless telecommunications companies which encompass business 
entities engaged in radiotelephone communications employing no more 
that 1,500 persons. See 13 CFR 121.201, NAICS code 517212. There are a 
total of approximately 127,540 licensees within these services. With 
respect to local governments, in particular, since many governmental 
entities as well as private businesses comprise the licensees for these 
services, we include under public safety services the number of 
government entities affected.
    34. Private Land Mobile Radio Licensees. Private land mobile radio 
(PLMR) systems serve an essential role in a vast range of industrial, 
business, land transportation, and public safety activities. These 
radios are used by companies of all sizes operating in all U.S. 
business categories. Because of the vast array of PLMR users, the 
Commission has not developed a small business size standard 
specifically applicable to PLMR users. The SBA rules do, however, 
contain a size standard for small radiotelephone (wireless) companies 
which encompasses, business entities engaged in radiotelephone 
communications employing no more that 1,500 persons. See 13 CFR 
121.201, NAICS code 517212. The SBA rules contain a definition for 
cellular and other wireless telecommunications companies which 
encompasses business entities engaged in radiotelephone communications 
employing no more that 1,500 persons. The Commission's fiscal year 1994 
annual report indicates that, at the end of fiscal year 1994, there 
were 1,101,711 licensees operating 12,882,623 transmitters in the PLMR 
bands below 512 MHz. See Federal Communications Commission, 60th Annual 
Report, Fiscal Year 1994 at 120-121.
    35. Frequency Coordinators. Neither the Commission nor the SBA has 
developed a small business size standard specifically applicable to 
spectrum frequency coordinators. The SBA has developed a small business 
size standard for wireless firms within the two broad economic census 
categories of ``Paging'' and ``Cellular and Other Wireless 
Telecommunications.'' See 13 CFR 121.201, NAICS code 517212. Under both 
categories, the SBA deems a wireless business to be small if it has 
1,500 or fewer employees. For the census category of Paging, Census 
Bureau data for 2002 show that there were 807 firms in this category 
that operated for the entire year. See 13 CFR 121.201, NAICS code 
517211. Of this total, 804 firms had employment of 999 or fewer 
employees, and three firms had employment of 1,000 employees or more. 
Thus, under this category and associated small business size standard, 
the majority of firms can be considered small. For the census category 
of Cellular and Other Wireless Telecommunications, Census Bureau data 
for 2002 show that there were 1,397 firms in this category that 
operated for the entire year. See 13 CFR 121.201, NAICS code 517212. Of 
this total, 1,378 firms had employment of 999 or fewer employees, and 
19 firms had employment of 1,000 employees or more. Thus, under this 
second category and size standard, the majority of firms can, again, be 
considered small.
    36. RF Equipment Manufacturers. The Census Bureau defines this 
category as follows: ``This industry comprises establishments primarily 
engaged in

[[Page 32586]]

manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' See 13 CFR 121.201, NAICS code 334220. The 
SBA has developed a small business size standard for Radio and 
Television Broadcasting and Wireless Communications Equipment 
Manufacturing, which is: all such firms having 750 or fewer employees. 
According to Census Bureau data for 2002, there were a total of 1,041 
establishments in this category that operated for the entire year. See 
U.S. Census Bureau, American FactFinder, 2002 Economic Census, Industry 
Series, Industry Statistics by Employment Size, NAICS code 334220 
(released May 26, 2005). Of this total, 1,010 had employment of under 
500, and an additional 13 had employment of 500 to 999. Thus, under 
this size standard, the majority of firms can be considered small.
    37. Hospitals, Nursing Care Facilities, and Other Residential Care 
Facilities. The SBA has developed small business size standards for 
these three categories and other, related categories. For the 
commercial census category of General Medical and Surgical Hospitals, 
the SBA deems an entity to be small if it has $31.5 million or less in 
annual revenues. See 13 CFR 121.201, NAICS code 622110. Census Bureau 
data for 2002 show that there were 3,200 firms in this category that 
operated for the entire year. See U.S. Census Bureau, 2002 Economic 
Census, Subject Series: Health Care and Social Assistance, 
``Establishment and Firm Size (Including Legal Form of Organization,'' 
Table 4, NAICS code 622110 (issued Nov. 2005). Of this total, 1,313 
firms had revenues of under $25 million, and 471 had revenues of $25 
million to $49, 999,999. Thus, in this category, over 41 percent of the 
firms can be considered small. For the category of Nursing Care 
Facilities, the SBA deems an entity to be small if it has $12.5 million 
or less in annual revenues. See 13 CFR 121.201, NAICS code 623110. 
Census Bureau data for 2002 show that there were 7,826 firms in this 
category that operated for the entire year. Of this total, 6,594 firms 
had revenues of under $10 million, and 871 had revenues of $10 million 
to $24, 999,999. Thus, in this category, the majority of firms can be 
considered small. For the category of Other Residential Care 
Facilities, the SBA deems an entity to be small if it has $6.5 million 
or less in annual revenues. See 13 CFR 121.201, NAICS code 623990. 
Census Bureau data for 2002 show that there were 3,131 firms in this 
category that operated for the entire year. See U.S. Census Bureau, 
2002 Economic Census, Subject Series: Health Care and Social 
Assistance, ``Establishment and Firm Size (Including Legal Form of 
Organization,'' Table 4, NAICS code 623990 (issued Nov. 2005). Of this 
total, 2,774 firms had revenues of under $5 million, and 202 had 
revenues of $5 million to $9,999,999. Thus, in this category, the 
majority of firms can be considered small.
    38. Aviation and Marine Radio. Small businesses in the aviation and 
marine radio services use a very high frequency (VHF) marine or 
aircraft radio and, as appropriate, an emergency position-indicating 
radio beacon (and/or radar) or an emergency locator transmitter. The 
Commission has not developed a small business size standard 
specifically applicable to these small businesses. For purposes of this 
analysis, the Commission uses the SBA small business size standard for 
the category ``Cellular and Other Telecommunications,'' which is 1,500 
or fewer employees. See 13 CFR 121.201, NAICS code 517212. Also, 
between December 3, 1998 and December 14, 1998, the Commission held an 
auction of 42 VHF Public Coast licenses in the 157.1875-157.4500 MHz 
(ship transmit) and 161.775-162.0125 MHz (coast transmit) bands. For 
purposes of the auction, the Commission defined a ``small'' business as 
an entity that, together with controlling interests and affiliates, has 
average gross revenues for the preceding three years not to exceed $15 
million dollars. In addition, a ``very small'' business is one that, 
together with controlling interests and affiliates, has average gross 
revenues for the preceding three years not to exceed $3 million 
dollars. There are approximately 10,672 licensees in the Marine Coast 
Service, and the Commission estimates that almost all of them, along 
with the majority of other aviation and marine radio licensees, qualify 
as ``small'' businesses under the above special small business size 
standards.
A. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements:
    39. There are no projected reporting, recordkeeping or other 
compliance requirements.
B. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered:
    40. 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: (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. See 5 U.S.C. 603(c).
    41. We believe the changes proposed in this NPRM will promote 
flexibility and more efficient use of the spectrum, reduce 
administrative burdens on both the Commission and licensees, and allow 
licensees to better meet their communication needs. In this NPRM, we 
seek comment on the proposals to modify the rules. Many of the proposed 
changes constitute clarification of existing requirements or 
elimination of existing limitations. Among other proposals, we seek 
comment on whether multiple licensing is obsolete and whether we should 
eliminate this administratively burdensome option in light of the 
various other services that are now more widely available. We also are 
considering the alternative of retaining the multiple licensing rules. 
The NPRM also seeks comment on the feasibility of including protection 
to broadcast AM station antenna patterns in part 90 of our rules, or 
whether such a rule is unnecessary. We seek comment on our proposal to 
reissue licenses that contain an invalid station class of FB8T as they 
come due for renewal with an appropriate station class of FBT 
(temporary base), indicating that operations are subject to monitoring.
C. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules
    42. None.

III. Ordering Clauses

    43. Pursuant to sections 4(i), 303(r), and 403 of the 
Communications Act of 1934, 47 U.S.C. 154(i), 303(r), and 403, that 
this NPRM is hereby adopted.
    44. Notice is hereby given of the proposed regulatory changes 
described in this NPRM and comment is sought on these proposals.
    45. The Commission's Consumer and Governmental Affairs Bureau, 
Reference

[[Page 32587]]

Information Center, shall send a copy of this NPRM, including the 
Initial Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 2, 90, and 95

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 2, 90, and 95 
to read as follows:

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

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

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

    2. Amend Sec.  2.106 by revising the entry for ``US350'' to read as 
follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
    US350 In the band 1427-1432 MHz, Federal use of the land mobile 
service and non-Federal use of the fixed and land mobile services is 
limited to telemetry and telecommand operations as described further:

------------------------------------------------------------------------
     Location (see Sec.
90.259(b)(4) of this chapter  1427-1429 MHz 1431.5-    1429-1431.5 MHz
 for a detailed description)        1432 MHz
------------------------------------------------------------------------
Austin/Georgetown, Texas,...  Non-Government land   Government and non-
 Battle Creek, Michigan,....   mobile service is     Government land
 Detroit, Michigan,.........   limited to            mobile service is
 Pittsburgh, Pennsylvania,..   telemetry and         limited to medical
 Richmond/Norfolk, Virginia,   telecommand           telemetry and
 Spokane, Washington,.......   operations.           telecommand
 Washington, DC metropolitan   Government and non-   operations. Non-
 area.                         Government medical    Government
                               telemetry and         telemetry and
                               telecommand use is    telecommand use is
                               permitted on a        permitted on a
                               secondary basis.      secondary basis.
------------------------------------------------------------------------
                                 1427-1429.5 MHz       1429.5-1432 MHz
------------------------------------------------------------------------
Rest of U.S.................  Government and non-   Non-Government land
                               Government land       mobile service is
                               mobile service is     limited to
                               limited to medical    telemetry and
                               telemetry and         telecommand
                               telecommand           operations.
                               operations. Non-      Government and non-
                               Government            Government medical
                               telemetry and         telemetry and
                               telecommand use is    telecommand use is
                               permitted on a        permitted on a
                               secondary basis.      secondary basis.
------------------------------------------------------------------------

* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

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

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

    4. Amend Sec.  90.20 by adding paragraph (a)(2)(xiv) to read as 
follows:


Sec.  90.20  Public Safety Pool.

    (a) * * *
    (2) * * *
    (xiv) Persons or organizations providing local or regional 
multiple-occupancy-vehicle passenger services over regular routes under 
contract or similar arrangement with a governmental entity for the 
transmission of messages pertaining to either the efficient operation 
of the service or the safety or general welfare of the passengers they 
are engaged in transporting. Each transit system operator may be 
authorized to operate one base station and a number of mobile units not 
in excess of the total of the number of passenger vehicles and 
maintenance vehicles regularly engaged in the operation. Additional 
base stations or mobile units will be authorized only in exceptional 
circumstances when the applicant can show a specific need.
* * * * *
    5. Amend Sec.  90.175 by adding paragraph (j)(18) to read as 
follows:


Sec.  90.175  Frequency coordinator requirements.

    (j) * * *
    (18) Applications requesting to modify a license to authorize 
commercial operations pursuant to Sec.  90.621(e)(2), or to reverse 
such a modification, if there is no change in technical parameters.
    6. Amend Sec.  90.176 by revising the section heading and paragraph 
(d) to read as follows:


Sec.  90.176  Coordinator notification requirements on frequencies 
below 512 MHz, at 764-776/794-806 MHz, or at 1427-1432 MHz.

* * * * *
    (d) Frequencies in the 1427-1432 MHz band. Within one business day 
of making a frequency recommendation, each frequency coordinator must 
notify and provide the information indicated in paragraph (g) of this 
section to the WMTS frequency coordinator designated in Sec.  95.1112 
of this chapter and to all other frequency coordinators who are also 
certified to coordinate that frequency. In addition, the frequency 
coordinator must ensure compliance with all coordination requirements 
incorporated in the joint WMTS-part 90 coordination plan filed in WT 
Docket No. 02-8 on August 18, 2004.
* * * * *
    7. Amend Sec.  90.243 by revising paragraph (b)(1) to read as 
follows:


Sec.  90.242  Mobile relay stations.

    (b) * * *
    (1) In the Public Safety Pool, systems that operate in the 150 MHz 
band are permitted to be cross-banded for mobile and central stations 
operations with mobile relay stations authorized to operate in the 450 
and 800 MHz bands.
* * * * *


Sec.  90.247  [Amended]

    8. Amend Sec.  90.247 by removing and reserving paragraph (b).
    9. Amend Sec.  90.259 by revising paragraphs (b)(3) and (b)(4)(ii) 
to read as follows:


Sec.  90.259  Assignment and use of frequencies in the bands 216-220 
MHz and 1427-1432 MHz.

* * * * *
    (b) * * *
    (3) All operations authorized under this section in the 1429.5-1432 
MHz

[[Page 32588]]

band are primary in status (and Wireless Medical Telemetry Service 
operations are secondary) except in the locations specified in 
paragraph (b)(4) of this section. At the locations specified in 
paragraph (b)(4) of this section, all operations authorized under this 
section are primary in status (and Wireless Medical Telemetry Service 
operations are secondary) in the 1427-1429 MHz and 1431.5-1432 MHz 
bands.
    (4) * * *
    (ii) Washington, DC metropolitan area--Counties of Montgomery, 
Prince George's and Charles in Maryland; Arlington, Prince William, 
Fauquier, Loudon, and Fairfax, and Cities of Alexandria, Falls Church, 
Fairfax, Manassas and Manassas Park in Virginia; and District of 
Columbia.
* * * * *
    10. Amend Sec.  90.1215 by revising paragraphs (a), (b), and (c), 
and by adding paragraph (e) to read as follows:


Sec.  90.1215  Power limits.

* * * * *
    (a) The maximum conducted output power should not exceed:

------------------------------------------------------------------------
                                    Low power peak      High power peak
     Channel bandwidth (MHz)       transmitter power   transmitter power
                                         (dBm)               (dBm)
------------------------------------------------------------------------
1...............................                 7                  20
5...............................                14                  27
10..............................                17                  30
15..............................                18.8                31.8
20..............................                20                  33
------------------------------------------------------------------------

    High power devices are also limited to a peak power spectral 
density of 20 dBm per one MHz. High power devices using channel 
bandwidths other than those listed above are permitted; however, they 
are limited to a maximum conducted power spectral density of 20 dBm/
MHz. If transmitting antennas of directional gain greater than 9 dBi 
are used, both the maximum conducted output power and the peak power 
spectral density should be reduced by the amount in decibels that the 
directional gain of the antenna exceeds 9 dBi. However, high power 
point-to-point and point-to-multipoint operation (both fixed and 
temporary-fixed rapid deployment) may employ transmitting antennas with 
directional gain up to 26 dBi without any corresponding reduction in 
the maximum conducted output power or spectral density. Corresponding 
reduction in the transmit power and peak power spectral density should 
be the amount in decibels that the directional gain of the antenna 
exceeds 26 dBi.
    (b) Low power devices are also limited to a peak power spectral 
density of 8 dBm per one MHz. Low power devices using channel 
bandwidths other than those listed above are permitted; however, they 
are limited to a peak power spectral density of 8 dBm/MHz. If 
transmitting antennas of directional gain greater than 9 dBi are used, 
both the maximum conducted output power and the peak power spectral 
density should be reduced by the amount in decibels that the 
directional gain of the antenna exceeds 9 dBi.
    (c) The maximum conducted power is measured as a conducted emission 
over any interval of continuous transmission calibrated in terms of an 
RMS-equivalent voltage. If the device cannot be connected directly, 
alternative techniques acceptable to the Commission may be used. The 
measurement results shall be properly adjusted for any instrument 
limitations, such as detector response times, limited resolution 
bandwidth capability when compared to the emission bandwidth, 
sensitivity, etc., so as to obtain a true maximum conducted power 
measurement conforming to the definitions in this paragraph for the 
emission in question.
* * * * *
    (e) The ratio of the peak excursion of the modulation envelope 
(measured using a peak hold function) to the maximum conducted output 
power shall not exceed 13 dB across any 1 MHz bandwidth or the emission 
bandwidth whichever is less.
    11. Add Sec.  90.XXX to read as follows:


Sec.  90.XXX  Disturbance of AM broadcast station antenna patterns.

    Public Safety Pool and Industrial/Business Pool licensees that 
construct or modify towers in the immediate vicinity of AM broadcast 
stations are responsible for measures necessary to correct disturbance 
of the AM station antenna pattern which causes operation outside of the 
radiation parameters specified by the FCC for the AM station, if the 
disturbance occurred as a result of such construction or modification.
    (a) Non-directional AM stations. If tower construction or 
modification is planned within 1 kilometer (0.6 mile) of a non-
directional AM broadcast station tower, the Public Safety Pool or 
Industrial/Business Pool licensee must notify the licensee of the AM 
broadcast station in advance of the planned construction or 
modification. Measurements must be made to determine whether the 
construction or modification would affect the AM station antenna 
pattern. The Public Safety Pool or Industrial/Business Pool licensee is 
responsible for the installation and continued maintenance of any 
detuning apparatus necessary to restore proper non-directional 
performance of the AM station tower.
    (b) Directional AM stations. If tower construction or modification 
is planned within 3 kilometers (1.9 miles) of a directional AM 
broadcast station array, the Public Safety Pool or Industrial/Business 
Pool licensee must notify the licensee of the AM broadcast station in 
advance of the planned construction or modification. Measurements must 
be made to determine whether the construction or modification would 
affect the AM station antenna pattern. The Public Safety Pool or 
Industrial/Business Pool licensee is responsible for the installation 
and continued maintenance of any detuning apparatus necessary to 
restore proper performance of the AM station array.

PART 95--PERSONAL RADIO SERVICES

    12. The authority citation for part 95 continues to read as 
follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303.

    13. Revise Sec.  95.630 to read as follows:


Sec.  95.630  WMTS transmitter frequencies.

    WMTS transmitters may operate in the frequency bands specified as 
follows:

608-614 MHz
1395-1400 MHz
1427-1432 MHz (see Sec.  90.259(b) of this part regarding where WMTS 
operations are primary in status, and where they are secondary to part 
90 operations)


[[Page 32589]]


    14. Revise Sec.  95.1101 to read as follows:


Sec.  95.1101  Scope.

    This subpart sets out the regulations governing the operation of 
Wireless Medical Telemetry Devices in the 608-614 MHz, 1395-1400 MHz, 
and 1427-1432 MHz frequency bands.
    15. Amend Sec.  95.1113 by revising paragraphs (b)(1), (b)(5), and 
(b)(6) to read as follows:


Sec.  95.1113  Frequency coordinator.

    * * *
    (b) * * *
    (1) Review and process registration requests submitted by 
authorized health cares providers as required in Sec.  95.1111;
* * * * *
    (5) Upon receipt of a registration request for WMTS equipment 
operating in the 1427-1432 MHz band, notify all part 90 frequency 
coordinators of the intended activation in accordance with the joint 
WMTS-part 90 coordination plan filed in WT Docket No. 02-8 on August 
18, 2004. The part 90 frequency coordinators shall, in turn, determine 
potentially affected part 90 licensees and notify those part 90 
licensees operating in the 1427-1432 MHz band in accordance with Sec.  
90.259 of this chapter of their obligation to ensure compliance with 
the field strength limit of Sec.  90.259(b)(11) of this chapter, as 
measured at the WMTS site.
    (6) Upon receipt of a registration request for WMTS equipment 
operating in the 1395-1400 MHz band, notify each party licensed to 
operate in the 1392-1395 MHz band in the applicable geographic area 
pursuant to subpart I of part 27 of this chapter of the need to comply 
with the field strength limit set forth in Sec.  27.804 of this 
chapter.

[FR Doc. E7-11221 Filed 6-12-07; 8:45 am]
BILLING CODE 6712-01-P