Amendment of Section 90.20(e)(6) of the Commission's Rules, 60631-60633 [E8-24309]
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Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[FCC 08–222; MM Docket No. 01–33; RM–
10060]
Radio Broadcasting Services; Caro
and Cass City, MI
Federal Communications
Commission.
ACTION: Final rule; denial of application
for review.
ebenthall on PROD1PC60 with RULES
AGENCY:
SUMMARY: The Commission denied an
application for review filed by Edward
Czelada of a Report and Order in this
proceeding. The Report and Order
upgraded the class of Station WIDL from
Channel 221A to 221C3, reallotted
Channel 221C3 from Caro to Cass City,
Michigan, and denied Czelada’s
counterproposal to allot Channel 218C3
at Ubly, Michigan and Channel 297C3 at
Cass City, Michigan. The Commission
determined that the counterproposal
was defective because it requested a
channel allotment in the
noncommercial educational reserved
band, which is prohibited under the
Commission’s rules. See SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Victoria M. McCauley, Media Bureau,
(202) 418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s
Memorandum Opinion and Order, MM
Docket No. 01–33, adopted September
24, 2008, and released September 26,
2008. The Commission denied an
application for review filed by Edward
Czelada of a Report and Order in this
proceeding. See 66 FR 29237 (May 30,
2001). The Commission also denied
review of Czelada’s argument that the
staff failed to consider the preclusionary
effect of the Channel 221 upgrade at
Cass City on existing and potential NCE
FM service as untimely raised. But even
if it were to consider the argument, it
was without merit. The preclusionary
effect analysis occurs only when the 60
dBu contour of the Channel 221 upgrade
proposal overlaps the Grade B contour
of a television channel 6 station. No
such overlap would occur in this case.
The full text of this Commission
decision is available for inspection and
copying during normal business hours
in the FCC Reference Information Center
(Room CY–A257), 445 12th Street, SW.,
Washington, DC 20554. The complete
text of this decision may also be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554,
VerDate Aug<31>2005
15:35 Oct 10, 2008
Jkt 217001
telephone 1–800–378–3160 or
www.BCPIWEB.com.
This document is not subject to the
Congressional Review Act. (The
Commission, is, therefore, not required
to submit a copy of this Memorandum
Opinion and Order to GAO, pursuant to
the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A) because the
application for review was denied.)
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8–24323 Filed 10–10–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WT Docket No. 06–142; FCC 08–186]
Amendment of Section 90.20(e)(6) of
the Commission’s Rules
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: This document addresses
proposed revisions to the Commission’s
rules and policies regarding stolen
vehicle recovery systems (SVRS) and
the use of frequency 173.075 MHz. The
Commission takes these actions in
response to a petition for rulemaking
filed by LoJack Corporation (LoJack), in
which LoJack sought to modify the
Commission’s rules to accommodate its
future narrowband operations on
frequency 173.075 MHz, to improve the
recovery services its products provide,
and to permit other services in addition
to SVRS. The Report and Order furthers
the public interest by promoting
flexibility and allowing SVRS licensees
to operate with some relaxed
restrictions while ensuring the
continued interference protection of
incumbent users.
DATES: Effective November 13, 2008.
FOR FURTHER INFORMATION CONTACT:
Thomas Eng, Policy Division, Public
Safety and Homeland Bureau, Federal
Communications Commission,
Washington, DC 20554, at (202) 418–
0019, TTY (202) 418–7233, via e-mail at
Thomas.Eng@fcc.gov, or via U.S. Mail at
Federal Communications Commission,
Wireless Telecommunications Bureau,
445 12th Street, SW., Washington, DC
20554.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order in WT Docket No. 06–142,
adopted on August 12, 2008 and
released on August 13, 2008. The
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
60631
complete text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Information Center,
Portals II, 445 12th Street, SW., Room
CY–A257, Washington, DC 20554. This
document may also be purchased from
the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
in person at 445 12th Street, SW., Room
CY–B402, Washington, DC 20554, via
telephone at (202) 488–5300, via
facsimile at (202) 488–5563, or via email at FCC@BCPIWEB.com. Alternative
formats (computer diskette, large print,
audio cassette, and Braille) are available
to persons with disabilities or by
sending an e-mail to FCC504@fcc.gov or
calling the Consumer and Governmental
Affairs Bureau at (202) 418–0530, TTY
(202) 418–0432. This document is also
available on the Commission’s Web site
at https://www.fcc.gov.
1. The major decisions in the Report
and Order are as follows:
• Increases the effective radiated
power (ERP) limit for narrowband (12.5
kHz bandwidth or less) base stations
from 300 watts to 500 watts.
• Increases the power output limit for
narrowband (12.5 kHz bandwidth or
less) mobile transceivers from 2.5 watts
to five watts.
• Modifies the duty cycle for base
stations from one second every minute
to five seconds every minute.
• Increases the tracking duty cycle for
mobile transceivers from 200
milliseconds every ten seconds to 400
milliseconds every ten seconds and,
correspondingly, increases the tracking
duty cycle for mobile transceivers that
are being tracked actively from 200
milliseconds every second to 400
milliseconds every second.
• Increases the uplink duty cycle for
mobile transceivers from 1800
milliseconds every 300 seconds to 7200
milliseconds every 300 seconds.
• Retains the requirement for TV
Channel 7 interference studies and
requires that the studies be served upon
affected TV Channel 7 stations.
• Permits the licensing of mobile
transceivers by rule.
• Expands the scope of § 90.20(e)(6)
to permit the tracking and recovery of
lost and stolen cargo and hazardous
materials, missing or wanted persons,
and individuals at risk or of interest to
law enforcement when established
boundaries are violated. Also permits
mobile transceivers to transmit
automatic collision notifications,
vehicle fire notifications, and carjacking
alerts.
• Relaxes the limitation on emissions
to permit flexibility in modulation as
well as analog and digital signals.
E:\FR\FM\14OCR1.SGM
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60632
Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations
Procedural Matters
A. Final Regulatory Flexibility Act
Analysis
2. As required by section 603 of the
Regulatory Flexibility Act (RFA), 5
U.S.C. 604, the Commission has
prepared a Final Regulatory Flexibility
Analysis of the possible impact of the
rule changes contained in this Report
and Order on small entities. The Final
Regulatory Flexibility Act analysis is set
forth in Appendix C of the Report and
Order. The Commission’s Consumer
Information Bureau, Reference
Information Center, will send a copy of
this Report and Order, including the
Final Regulatory Flexibility Act
Analysis, to the Chief Counsel for
Advocacy of the Small Business
Administration.
B. Final Paperwork Reduction Act of
1995 Analysis
C. Congressional Review Act Analysis
4. The Commission will send a copy
of this Report and Order in a report to
be sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
ebenthall on PROD1PC60 with RULES
Ordering Clauses
5. Accordingly, pursuant to sections
1, 2, 4(i), 301, 302, and 303 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i),
301, 302, 303, and §§ 1.421 and 1.425 of
the Commission’s rules, 47 CFR 1.421,
1.425, it is ordered that the Report and
Order is hereby adopted.
15:35 Oct 10, 2008
Jkt 217001
List of Subjects in 47 CFR Part 90
Common carriers; communications
equipment; radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR Part 90 as
follows:
■
3. This document contains a modified
information collection requirement
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. It
will be submitted to the Office of
Management and Budget (OMB) for
review under section 3507 of the PRA.
Prior to submission to OMB, the
Commission will publish a notice in the
Federal Register seeking public
comment on the modified information
collection requirement. In addition, that
notice will also seek comment on how
the Commission might ‘‘further reduce
the 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). The modified information
collection contained in this order will
not go into effect until OMB approves
the collection. The Commission will
publish a notice in the Federal Register
announcing the effective date of the
modified information collection.
VerDate Aug<31>2005
6. It is further ordered that Part 90 of
the Commission’s Rules IS amended as
set forth in Appendix B of the Report
and Order, and that these Rules shall be
effective November 13, 2008.
7. It is further ordered that the
Commission’s Consumer Information
Bureau, Reference Information Center,
shall send a copy of this Report and
Order, including the Final Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the U.S. Small
Business Administration.
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) and 332(c)(7).
2. Section 90.20 is amended by
revising paragraph (e)(6) to read as
follows:
■
§ 90.20
Public Safety Pool.
*
*
*
*
*
(e) * * *
(6) The frequency 173.075 MHz is
available for stolen vehicle recovery
systems on a shared basis with Federal
stations in the fixed and mobile
services.
(i) Stolen vehicle recovery systems are
limited to tracking and recovering
vehicles, cargo, and hazardous materials
that have been reported stolen or
missing; missing or wanted persons; and
individuals at risk, or individuals of
interest to law enforcement, only when
established boundaries are violated.
Stolen vehicle recovery systems are not
authorized for general purpose tracking
or monitoring. Mobile units may also
transmit automatic collision
notifications, vehicle fire notifications,
and carjacking alerts.
(ii) Any type of emission may be used
within a maximum authorized
bandwidth of 12.5 kHz, except that
stations that operate as part of a stolen
vehicle recovery system that was
authorized and in operation prior to
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
May 27, 2005 may operate with a
maximum authorized bandwidth of 20
kHz until May 27, 2019. For a complete
listing of emission symbols allowable
under this part, see § 2.201 of this
chapter.
(iii) 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.
(iv) Base station transmitters
operating on this frequency with
emissions authorized in a maximum
bandwidth of 12.5 kHz are limited to
300 watts ERP before February 18, 2009,
and 500 watts ERP thereafter. Base
station transmitters operating on this
frequency with emissions authorized in
a maximum bandwidth of 20 kHz are
limited to 300 watts ERP.
(v) Transmissions from mobiles 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 shall be limited to 7200
milliseconds for every 300 seconds with
a maximum of six such messages in any
30 minute period.
(vi) Transmissions from base stations
shall be limited to a total rate of five
seconds every minute.
(vii) Any entity eligible to hold
authorizations in the Public Safety Pool
in accordance with §§ 90.20(a) and
90.111 of this chapter is authorized by
this rule to operate mobile transmitters
on this frequency. No license will be
issued for mobile transmitters.
(viii) 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.
Applicants shall serve a copy of the
analysis to the licensee of the affected
TV Channel 7 transmitter upon filing
the application with the Commission.
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 wellsuited to provide the proposed service);
(B) Develops a plan to control any
interference caused to TV reception
from operations; and
E:\FR\FM\14OCR1.SGM
14OCR1
Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations
(C) Agrees to make such adjustments
in the TV receivers affected as may be
necessary to eliminate interference
caused by its operations.
(ix) 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. E8–24309 Filed 10–10–08; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 541
[Docket No. NHTSA–2008–0112]
Final Theft Data; Motor Vehicle Theft
Prevention Standard
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Publication of final theft data.
AGENCY:
ebenthall on PROD1PC60 with RULES
SUMMARY: This document publishes the
final data on thefts of model year (MY)
2006 passenger motor vehicles that
occurred in calendar year (CY) 2006.
The final 2006 theft data indicated an
increase in the vehicle theft rate
experienced in CY/MY 2006. The final
theft rate for MY 2006 passenger
vehicles stolen in calendar year 2006 is
2.08 thefts per thousand vehicles.
Publication of these data fulfills
NHTSA’s statutory obligation to
periodically obtain accurate and timely
theft data and publish the information
for review and comment.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Mazyck, Office of International
VerDate Aug<31>2005
15:35 Oct 10, 2008
Jkt 217001
Policy, Fuel Economy and Consumer
Programs, NHTSA, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
Ms. Mazyck’s telephone number is (202)
366–0846. Her fax number is (202) 493–
2990.
SUPPLEMENTARY INFORMATION: NHTSA
administers a program for reducing
motor vehicle theft. The central feature
of this program is the Federal Motor
Vehicle Theft Prevention Standard, 49
CFR Part 541. The standard specifies
performance requirements for inscribing
and affixing vehicle identification
numbers (VINs) onto certain major
original equipment and replacement
parts of high-theft lines of passenger
motor vehicles.
The agency is required by 49 U.S.C.
33104(b)(4) to periodically obtain, from
the most reliable source, accurate and
timely theft data and publish the data
for review and comment. To fulfill this
statutory mandate, NHTSA has
published theft data annually beginning
with MYs 1983/84. Continuing to fulfill
the § 33104(b)(4) mandate, this
document reports the final theft data for
CY 2006, the most recent calendar year
for which data are available.
In calculating the 2006 theft rates,
NHTSA followed the same procedures it
used in calculating the MY 2005 theft
rates. (For 2005 theft data calculations,
see 73 FR 13150, March 12, 2008). As
in all previous reports, NHTSA’s data
were based on information provided to
NHTSA by the National Crime
Information Center (NCIC) of the
Federal Bureau of Investigation. The
NCIC is a government system that
receives vehicle theft information from
nearly 23,000 criminal justice agencies
and other law enforcement authorities
throughout the United States. The NCIC
data also include reported thefts of selfinsured and uninsured vehicles, not all
of which are reported to other data
sources.
The 2006 theft rate for each vehicle
line was calculated by dividing the
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
60633
number of reported thefts of MY 2006
vehicles of that line stolen during
calendar year 2006 by the total number
of vehicles in that line manufactured for
MY 2006, as reported to the
Environmental Protection Agency
(EPA).
The final 2006 theft data show an
increase in the vehicle theft rate when
compared to the theft rate experienced
in CY/MY 2005. The final theft rate for
MY 2006 passenger vehicles stolen in
calendar year 2006 increased to 2.08
thefts per thousand vehicles produced,
an increase of 12.4 percent from the rate
of 1.85 thefts per thousand vehicles
experienced by MY 2005 vehicles in CY
2005. NHTSA is not overly concerned
about this increase in the overall theft
rate. The data has shown an overall
decreasing trend in theft rates since CY
1993, with periods of increase from one
year to the next. As explained in the
publication of preliminary theft data, if
the final data, for calendar year/model
year (CY/MY) 2006 showed a second
year of increase, the agency would
explore what could be the possible
causes for these elevations. The agency
also welcomed comments on the cause
for this increase but no comments were
received. Therefore, as indicated by the
publication of preliminary theft rate
data, the agency will continue to
monitor this theft rate pattern and
explore the possible reasons for the
elevation in theft rates experienced
during MY/CY 2005–2006.
For MY 2006 vehicles, out of a total
of 223 vehicle lines, 19 lines had a theft
rate higher than 3.5826 per thousand
vehicles, the established median theft
rate for MYs 1990/1991. (See 59 FR
12400, March 16, 1994). Of the 19
vehicle lines with a theft rate higher
than 3.5826, 18 are passenger car lines,
one is a multipurpose passenger vehicle
lines, and none are light-duty truck
lines.
E:\FR\FM\14OCR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Rules and Regulations]
[Pages 60631-60633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24309]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 06-142; FCC 08-186]
Amendment of Section 90.20(e)(6) of the Commission's Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document addresses proposed revisions to the Commission's
rules and policies regarding stolen vehicle recovery systems (SVRS) and
the use of frequency 173.075 MHz. The Commission takes these actions in
response to a petition for rulemaking filed by LoJack Corporation
(LoJack), in which LoJack sought to modify the Commission's rules to
accommodate its future narrowband operations on frequency 173.075 MHz,
to improve the recovery services its products provide, and to permit
other services in addition to SVRS. The Report and Order furthers the
public interest by promoting flexibility and allowing SVRS licensees to
operate with some relaxed restrictions while ensuring the continued
interference protection of incumbent users.
DATES: Effective November 13, 2008.
FOR FURTHER INFORMATION CONTACT: Thomas Eng, Policy Division, Public
Safety and Homeland Bureau, Federal Communications Commission,
Washington, DC 20554, at (202) 418-0019, TTY (202) 418-7233, via e-mail
at Thomas.Eng@fcc.gov, or via U.S. Mail at Federal Communications
Commission, Wireless Telecommunications Bureau, 445 12th Street, SW.,
Washington, DC 20554.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in WT Docket No. 06-142, adopted on August 12, 2008 and
released on August 13, 2008. The complete text of this document is
available for inspection and copying during normal business hours in
the FCC Reference Information Center, Portals II, 445 12th Street, SW.,
Room CY-A257, Washington, DC 20554. This document may also be purchased
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., in person at 445 12th Street, SW., Room CY-B402, Washington, DC
20554, via telephone at (202) 488-5300, via facsimile at (202) 488-
5563, or via e-mail at FCC@BCPIWEB.com. Alternative formats (computer
diskette, large print, audio cassette, and Braille) are available to
persons with disabilities or by sending an e-mail to FCC504@fcc.gov or
calling the Consumer and Governmental Affairs Bureau at (202) 418-0530,
TTY (202) 418-0432. This document is also available on the Commission's
Web site at https://www.fcc.gov.
1. The major decisions in the Report and Order are as follows:
Increases the effective radiated power (ERP) limit for
narrowband (12.5 kHz bandwidth or less) base stations from 300 watts to
500 watts.
Increases the power output limit for narrowband (12.5 kHz
bandwidth or less) mobile transceivers from 2.5 watts to five watts.
Modifies the duty cycle for base stations from one second
every minute to five seconds every minute.
Increases the tracking duty cycle for mobile transceivers
from 200 milliseconds every ten seconds to 400 milliseconds every ten
seconds and, correspondingly, increases the tracking duty cycle for
mobile transceivers that are being tracked actively from 200
milliseconds every second to 400 milliseconds every second.
Increases the uplink duty cycle for mobile transceivers
from 1800 milliseconds every 300 seconds to 7200 milliseconds every 300
seconds.
Retains the requirement for TV Channel 7 interference
studies and requires that the studies be served upon affected TV
Channel 7 stations.
Permits the licensing of mobile transceivers by rule.
Expands the scope of Sec. 90.20(e)(6) to permit the
tracking and recovery of lost and stolen cargo and hazardous materials,
missing or wanted persons, and individuals at risk or of interest to
law enforcement when established boundaries are violated. Also permits
mobile transceivers to transmit automatic collision notifications,
vehicle fire notifications, and carjacking alerts.
Relaxes the limitation on emissions to permit flexibility
in modulation as well as analog and digital signals.
[[Page 60632]]
Procedural Matters
A. Final Regulatory Flexibility Act Analysis
2. As required by section 603 of the Regulatory Flexibility Act
(RFA), 5 U.S.C. 604, the Commission has prepared a Final Regulatory
Flexibility Analysis of the possible impact of the rule changes
contained in this Report and Order on small entities. The Final
Regulatory Flexibility Act analysis is set forth in Appendix C of the
Report and Order. The Commission's Consumer Information Bureau,
Reference Information Center, will send a copy of this Report and
Order, including the Final Regulatory Flexibility Act Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
B. Final Paperwork Reduction Act of 1995 Analysis
3. This document contains a modified information collection
requirement subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. It will be submitted to the Office of Management and
Budget (OMB) for review under section 3507 of the PRA. Prior to
submission to OMB, the Commission will publish a notice in the Federal
Register seeking public comment on the modified information collection
requirement. In addition, that notice will also seek comment on how the
Commission might ``further reduce the 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). The modified information collection contained in
this order will not go into effect until OMB approves the collection.
The Commission will publish a notice in the Federal Register announcing
the effective date of the modified information collection.
C. Congressional Review Act Analysis
4. The Commission will send a copy of this Report and Order in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
5. Accordingly, pursuant to sections 1, 2, 4(i), 301, 302, and 303
of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152,
154(i), 301, 302, 303, and Sec. Sec. 1.421 and 1.425 of the
Commission's rules, 47 CFR 1.421, 1.425, it is ordered that the Report
and Order is hereby adopted.
6. It is further ordered that Part 90 of the Commission's Rules IS
amended as set forth in Appendix B of the Report and Order, and that
these Rules shall be effective November 13, 2008.
7. It is further ordered that the Commission's Consumer Information
Bureau, Reference Information Center, shall send a copy of this Report
and Order, including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the U.S. Small Business Administration.
List of Subjects in 47 CFR Part 90
Common carriers; communications equipment; radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR Part 90 as follows:
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) and 332(c)(7).
0
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 Federal stations in the fixed
and mobile services.
(i) Stolen vehicle recovery systems are limited to tracking and
recovering vehicles, cargo, and hazardous materials that have been
reported stolen or missing; missing or wanted persons; and individuals
at risk, or individuals of interest to law enforcement, only when
established boundaries are violated. Stolen vehicle recovery systems
are not authorized for general purpose tracking or monitoring. Mobile
units may also transmit automatic collision notifications, vehicle fire
notifications, and carjacking alerts.
(ii) Any type of emission may be used within a maximum authorized
bandwidth of 12.5 kHz, except that stations that operate as part of a
stolen vehicle recovery system that was authorized and in operation
prior to May 27, 2005 may operate with a maximum authorized bandwidth
of 20 kHz until May 27, 2019. For a complete listing of emission
symbols allowable under this part, see Sec. 2.201 of this chapter.
(iii) 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.
(iv) Base station transmitters operating on this frequency with
emissions authorized in a maximum bandwidth of 12.5 kHz are limited to
300 watts ERP before February 18, 2009, and 500 watts ERP thereafter.
Base station transmitters operating on this frequency with emissions
authorized in a maximum bandwidth of 20 kHz are limited to 300 watts
ERP.
(v) Transmissions from mobiles 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 shall be limited to 7200
milliseconds for every 300 seconds with a maximum of six such messages
in any 30 minute period.
(vi) Transmissions from base stations shall be limited to a total
rate of five seconds every minute.
(vii) Any entity eligible to hold authorizations in the Public
Safety Pool in accordance with Sec. Sec. 90.20(a) and 90.111 of this
chapter is authorized by this rule to operate mobile transmitters on
this frequency. No license will be issued for mobile transmitters.
(viii) 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. Applicants shall serve a copy of
the analysis to the licensee of the affected TV Channel 7 transmitter
upon filing the application with the Commission. 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
[[Page 60633]]
(C) Agrees to make such adjustments in the TV receivers affected as
may be necessary to eliminate interference caused by its operations.
(ix) 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. E8-24309 Filed 10-10-08; 8:45 am]
BILLING CODE 6712-01-P
