PLMR Licensing; Frequency Coordination and Eligibility Issues, 19277-19285 [2010-7648]
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Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Rules and Regulations
Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Public Law 104–4).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
VII. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.439, revise paragraph (a)
introductory text and paragraph (c) to
read as follows:
■
§ 180.439 Thifensulfuron methyl;
tolerances for residues.
(a) General. Tolerances are
established for residues of
thifensulfuron methyl, including its
metabolites and degradates, in or on the
commodities listed in the following
table [below]. Compliance with the
tolerance levels specified in the
following table [below] is to be
determined by measuring only
thifensulfuron methyl (methyl 3-[[[[(4methoxy-6-methyl-1,3,5-triazin-2yl)amino]carbonyl]amino] sulfonyl]-2thiophenecarboxylate).
*
*
*
*
*
(c) Tolerances with regional
registrations. Tolerances are established
for residues of thifensulfuron methyl,
including its metabolites and
degradates, in or on the commodities
listed in the following table [below].
Compliance with the tolerance levels
specified in the following table [below]
is to be determined by measuring only
thifensulfuron methyl (methyl 3-[[[[(4methoxy-6-methyl-1,3,5-triazin-2yl)amino]carbonyl]amino] sulfonyl]-2thiophenecarboxylate).
Commodity
Parts per million
Safflower, seed ...............
*
*
*
*
0.05
*
[FR Doc. 2010–8135 Filed 4–13–10; 8:45 am]
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 2, 90, and 95
[WP Docket No. 07–100, FCC 10–36]
List of Subjects in 40 CFR Part 180
PLMR Licensing; Frequency
Coordination and Eligibility Issues
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
jlentini on DSKJ8SOYB1PROD with RULES
Dated: April 1, 2010.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
■
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
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SUMMARY: In this document, the Federal
Communications Commission
(Commission) considers rule changes to
certain of its rules that were addressed
in a previous decision in this
proceeding. In that decision, the
Commission proposed various changes
to its rules regarding PLMR licensing,
including frequency coordination and
eligibility issues. This proceeding is part
of our continuing effort to provide clear
and concise rules that facilitate new
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wireless technologies, devices and
services, and are easy for the public to
understand.
DATES: Effective May 14, 2010.
FOR FURTHER INFORMATION CONTACT:
Rodney P. Conway, at
Rodney.Conway@FCC.gov, Wireless
Telecommunications Bureau, (202) 418–
2904, or TTY (202) 418–7233.
This is a
summary of the Commission’s Second
Report and Order (‘‘Second R&O’’) in
WP Docket No. 07–100, FCC 10–36,
adopted on March 3, 2010, and released
March 10, 2010. In a Notice of Proposed
Rulemaking and Order (NPRM and
Order) published at 72 FR 32582, June
13, 2007, in this proceeding, the
Commission proposed various changes
to its rules regarding PLMR licensing,
including frequency coordination and
eligibility issues. 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. Applications for new
and modified part 90 stations generally
require frequency coordination before
the application is submitted to the
Commission, but certain types of
applications are exempt from the
frequency coordination requirement
because they do not ‘‘have an impact on
near-term frequency selections.’’ The
NPRM sought comment on whether to
permit licensees to forgo frequency
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coordination for other types of
applications.
3. In the NPRM, the Commission
noted that certain PLMR licensees are
permitted to modify their licenses to
authorize CMRS operations (and
subsequently to modify such licenses to
revert to PLMR operations), and
proposed to exempt such modifications
from the frequency coordination
requirement because frequency
coordinators do not make
recommendations regarding changes
between private and commercial status.
With respect to PLMR-to-CMRS
conversions, we agree with Land Mobile
Communications Council (LMCC) and
Motorola that we should retain the
requirement for prior coordination.
Such conversions involve
interconnection with the public
switched telephone network, which
typically results in much higher levels
of airtime usage on a channel. Such
increased usage can affect other
licensees, and for this reason we
conclude that frequency coordinators
should evaluate the implications of any
proposed conversions to CMRS. We
agree with the commenters, however,
that frequency coordination should not
be required when a licensee reverts from
CMRS to PLMR operations, and amend
our rules accordingly.
4. The NPRM also sought comment on
whether to eliminate the frequency
coordination requirement for
applications where the only change is a
reduction in authorized bandwidth on
the licensed center frequencies. Half of
the commenters addressing this issue
argue that frequency coordination
should be required for any change in
technical parameters, including a
reduction in authorized bandwidth, to
protect nearby co-channel and adjacent
channel licensee operations from new
and potentially harmful interference.
The other commenters contend that
frequency coordination is not necessary
for modifications that propose only a
reduction in bandwidth on the
licensee’s currently authorized center
frequency, because such a reduction
cannot have an adverse impact on cochannel or adjacent channel licensees.
They emphasize that such an exemption
from the frequency coordination
requirement should be limited to
applications proposing only to reduce
channel bandwidth while remaining on
the original center frequency, and not
seeking any other changes to the
existing license, such as converting from
analog to digital emission.
5. We agree that a simple reduction in
authorized bandwidth cannot adversely
impact co-channel or adjacent channel
licensees. We therefore find no need for
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a coordinator to review the proposal in
advance. Removing the frequency
coordination requirement for
applications that modify existing
licenses by reducing authorized
bandwidth will not undermine the
purpose of the frequency coordination
process, i.e., to ensure the quality of
frequency selections, expedite licensing,
and improve spectrum efficiency to the
benefit of private land mobile users. It
therefore is in the public interest and is
consistent with the Commission’s goal
of reducing unnecessary regulatory
burdens on licensees. In addition, we
note that most PLMR licensees below
512 MHz will be required to migrate
from 25 kHz operation to 12.5 kHz or
narrower operation on their existing
frequencies, and we find that removing
the frequency coordination requirement
for such applications will further the
upcoming narrowbanding transition
without disturbing the integrity of the
frequency coordination process or the
Commission’s overall spectrum
management objectives. As a result, we
amend our rules to provide an
exemption from the frequency
coordination requirement for
modification applications that only
reduce authorized bandwidth while
remaining on the original center
frequencies, and do not seek any other
changes in technical parameters.
6. In addition, the NPRM invited
commenters to suggest other types of
applications for which frequency
coordination should no longer be
required. We agree with Sprint Nextel
that applications seeking to modify
licenses by lowering antenna height
and/or decreasing power should be
exempted from frequency coordination.
Not only would this have no adverse
impact on co-channel or adjacent
channel licensees, but, as Sprint Nextel
points out, frequency coordinators do
not recommend changes to applications
seeking such modifications, and the
technical information is readily
available in the Universal Licensing
System (ULS) database. Such
modifications are similar in their effect
on other licensees to applications to
eliminate frequencies or transmitter site
locations, for which frequency
coordination is no longer required. We
amend our rules accordingly.
7. Mobile Repeaters. The NPRM
proposed to delete § 90.247(b) of the
Commission’s rules, which states that
for Industrial/Business Pool frequencies
below 450 MHz, only low power
frequencies (where power is limited to
two watts) may be assigned for use by
mobile repeaters and associated handheld units, when separate frequencies
are assigned for that purpose. The
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commenters generally support the
proposal. Only Forest Industries
Telecommunications (FIT) is concerned
that removal of the mobile repeater
power limits will lead to a ‘‘power war’’
among licensees, resulting in harmful
interference to other licensees on those
channels. While we understand FIT’s
concern, we believe that the benefits of
greater flexibility from allowing mobile
repeaters on full-power channels
outweighs the speculative possibility of
harmful interference, particularly given
that mobile repeaters typically are
deployed for a limited period of time.
We note that mobile repeaters require
frequency coordination, and the
Commission’s rules require licensees to
work together to solve any interference
issues. Operators may also be subject to
enforcement action for causing
interference to other users. As a result,
we find that modification of our rules to
remove the channel restriction
concerning mobile repeaters below 450
MHz is appropriate. Similarly, we agree
with Motorola that we should eliminate
the related limitation in § 90.247(c) of
the Commission’s rules, which limits to
2.5 watts the output power of hand-held
transmitters that communicate by way
of a mobile repeater. Of course, such
transmitters and mobile repeaters will
be subject to other relevant part 90
power limitations, and may not exceed
the Commission’s radio frequency
exposure criteria. Should mobile
repeater operations under the rules as
amended result in interference to other
users, we may revisit this issue to
examine whether we should address the
situation by, for example, reinstituting
power limits or limiting the service area
radius for mobile repeaters.
8. Motorola also notes that § 90.247(f)
requires mobile repeaters to be
controlled using a ‘‘continuous coded
tone.’’ This term is an analog reference,
which Motorola recommends be
replaced with ‘‘continuous access
signal,’’ which will accommodate both
digital and analog control techniques.
We agree, and will amend § 90.247
accordingly
9. Expired Licenses. In general,
frequencies associated with expired
licenses become available for
reassignment once the license is deleted
from the Commission’s ULS database of
active licenses (i.e., the license’s status
in ULS is changed from Active to
Expired or Canceled). Ordinarily, there
is a delay between the date a license
expires and the date its status is
changed from Active to Expired in our
licensing records. During that period,
frequency coordinators may select a
frequency associated with the expired
license for recommendation to the
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Commission (coordinate the frequency),
but the Commission does not accept
applications for the frequency until the
frequency becomes available for
reassignment.
10. LMCC notified the Commission in
2004 that all part 90 frequency
coordinators agreed not to coordinate
frequencies associated with an expired
license until the frequencies become
available for reassignment, and
requested the Commission’s cooperation
in enforcing this policy. As a result, the
NPRM sought 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. In response, LMCC reports
that the agreement has operated
properly since 2004. While some
commenters favor codifying the
agreement in the Commission’s rules,
we agree with LMCC that no rule
changes are required, and the
Commission need only enforce the
policy in the event that a third party
objects to a premature coordination.
11. Multiple Licensing. As explained
in the NPRM, most PLMR
communication systems employ mobile
relays (repeaters) with wide-area
coverage so that communication may be
maintained between mobile units that
otherwise would be out of range of one
another. It is common practice for an
entity that owns and operates a repeater
to share a base station with a number of
other users. Under this practice, each
user of the mobile relay station
(commonly called a ‘‘community
repeater’’) applies for and obtains an
individual license for the station. Thus,
a single base station is licensed to
multiple users. The NPRM sought
comment on the continued usefulness of
multiple licensing, given that changes in
the Commission’s rules have created
new means for multiple entities to share
facilities or spectrum, or otherwise meet
their communications needs.
12. Most commenters argue that
multiple licensing continues to serve an
important purpose and should be
retained. We agree that multiple
licensing provides for a cost effective
licensing option to entities while also
facilitating efficient use of spectrum.
Therefore, we conclude that there are
public interest benefits in allowing
multiple licensing of the same facility,
and we will take no action to phase it
out at this time.
13. Industrial/Business Pool
Eligibility. Section 90.35 of the
Commission’s rules permits entities
engaged in, inter alia, ‘‘[t]he operation of
a commercial activity’’ to operate on
Industrial/Business Pool frequencies,
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and by its language does not expressly
exclude State or local government
entities from eligibility. The NPRM
concluded that § 90.35 is flexible, and
that activities such as the operation of
a utility, golf course, etc., whether
conducted by a government entity or a
private entity, are ‘‘commercial
activities’’ within the meaning of the
rule. It sought comment on whether to
amend § 90.35 to expressly provide that
governmental entities are eligible to use
Industrial/Business Pool frequencies for
commercial enterprises.
14. Every commenter addressing the
issue supports amending § 90.35 to
clarify that State and local government
entities are eligible for Industrial/
Business Pool frequencies when they
engage in commercial activities. Some
commenters, while supporting the rule
change, indicate that the Commission
should condition such authorizations to
prevent the use of Industrial/Business
Pool frequencies for mission-critical
public safety services. We agree that
State and local government entities
should be able to be licensed for
Industrial/Business Pool spectrum for
use in commercial activities but not for
public safety operations. We amend
§ 90.35(a) accordingly.
15. The NPRM also sought comment
on a request that the Commission’s rules
be amended to permit government
surveying operations to utilize
Industrial/Business Pool itinerant
frequencies. Commenters unanimously
support this request, stating that it
would enable government entities to
utilize modern surveying equipment,
which currently is manufactured to
operate only on Industrial/Business
Pool frequencies. We agree with the
commenters, and will amend the rules
to permit government surveying
operations to utilize the Industrial/
Business Pool itinerant frequencies.
16. Disturbance of AM Broadcast
Station Antenna Patterns. The NPRM
requested comment on whether to
modify part 90 to include provisions for
the correction of any disturbance of AM
broadcast stations’ antenna patterns by
new land mobile towers and antennas.
We agree with commenters’ consensus
that this issue would be more
appropriately considered in another
pending Commission proceeding, so we
will not amend part 90 at this time.
17. FB8T Station Class. In 2000, 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
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channel. All channels associated with a
centralized trunked system and any
channels in a hybrid system for which
the necessary consent has been obtained
or that are licensed on an exclusive
basis must have an FB8 code for the
base/mobile relay station.
Approximately thirty-five
authorizations were subsequently issued
with a station class of FB8T, allowing
temporary use of base and mobile relay
channels in systems that are not subject
to a monitoring requirement.
Authorizing temporary base stations
anywhere within a licensee’s authorized
operating area could, however, allow
the licensee to expand the contour of its
unmonitored operations into areas
where it does not have exclusivity,
which could result in interference to
other licensees. Consequently, we no
longer issue authorizations for systems
with a station class of FB8T.
18. In the NPRM, the Commission
proposed to renew existing FB8T
authorizations with a station class code
of FBT (temporary base) in order to
make it clear that these operations are
subject to the monitoring requirement,
and sought comment on whether any
corresponding amendment to part 90
was necessary. Commenters support the
proposal, but an applicant whose FB8T
application subsequently was granted as
FBT suggested that station class code
FB6T (the station class code used for
decentralized trunked temporary
stations) is more appropriate. We agree
that current FB8T stations should use a
more specific station class code than
FBT. As a result, we hereby clarify that
FB8T stations will be renewed as FB2T
(private, internal systems) or FB6T (forprofit private carriers), as appropriate.
No rule changes or other action are
necessary to implement this proposal at
this time.
19. Reorganization of Part 90. The
NPRM sought comment on whether it
would be appropriate to reorganize the
part 90 rules. It noted that many of the
services regulated under part 90 differ
significantly from the ‘‘traditional’’
PLMR services on which the original
part 90 rules were premised in 1978,
and that the current rules cover PLMR
and CMRS services, site-based and
geographically licensed services, and
public safety and non-public safety
services, on frequencies ranging from
530 kHz to 4990 MHz. Nearly all of the
commenters addressing this issue
believe that changing the organizational
structure of the part 90 rules is
unnecessary and would likely result in
a more complex regulatory burden being
placed on Commission licensees
without any likely benefit to the
licensees or the Commission.
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Accordingly, we decline to adopt any
structural changes to the part 90 rules.
20. Editorial Amendments. Finally,
we take this opportunity to make minor
editorial amendments to part 90.
Specifically, we amend § 90.35(b)(3) to
associate the correct limitations with
frequency 27.86 MHz and frequency
band 5850–5925 MHz. We also take this
opportunity to remove references in
§§ 90.35 and 90.267 to the freeze on
high power applications for 12.5 kHz
offset channels in the 460–470 MHz
band, which has expired. Additionally,
we amend the table in § 90.103 to
correct references to certain limitations
that were renumbered in another
proceeding, and to delete a reference to
the International Fixed Public
Radiocommunications Service, which
was eliminated in another proceeding.
Further, we amend § 175(j)(5) to remove
references to frequencies that have been
redesignated from part 90 to part 95. We
also amend § 90.621(a) to restore
language that was inadvertently deleted
when the rule was amended in another
proceeding. Further, we utilize this
opportunity to amend §§ 90.353(f) and
90.357(a) to correct typographical errors.
21. Wireless Medical Telemetry
Issues. The Wireless Medical Telemetry
Service (WMTS) was established in
2000 to enhance the reliability of
medical telemetry equipment that is
vital to the effective care of patients
with acute and chronic health problems,
and to ensure that wireless medical
telemetry devices can operate free of
harmful interference. Fourteen
megahertz of spectrum, in three bands,
was allocated for WMTS operations.
The band 1427–1432 MHz is shared
between medical and non-medical
telemetry operations. Generally, WMTS
has primary status in the lower half of
the band (1427–1429.5 MHz), and nonmedical telemetry in the upper half of
the band (1429.5–1432 MHz). Nonmedical telemetry licensees may not
exceed a measured or predicted field
strength of 150 μV/m into the WMTS
portion of the band at the site of any
WMTS operation. WMTS operations are
licensed by rule, without separate
Commission authorization, but must be
registered with the American Society of
Health Care Engineering of the
American Hospital Association (ASHE),
the WMTS frequency coordinator, prior
to operation.
22. In addition, in order to avoid
interference between medical and nonmedical telemetry operations in the
1427–1432 MHz shared band, ASHE
and the part 90 frequency coordinators
are required to share with each other
information about newly deployed
WMTS equipment and part 90
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frequency recommendations. At the
Commission’s request, ASHE and LMCC
formulated a mutually agreeable
coordination plan, which was filed with
the Commission on August 18, 2004.
The NPRM tentatively concluded that
implementation of the joint ASHE–
LMCC coordination agreement would be
in the public interest because it will
further the Commission’s continuing
efforts to ensure protection of WMTS
operations from harmful interference,
and sought comment on whether the
ASHE–LMCC coordination agreement
should be reflected in the rules.
23. The agreement sets forth different
coordination procedures, depending on
whether medical telemetry and nonmedical telemetry are co-channel or
adjacent channel, and whether each is
primary or secondary. The WMTS
service rules in part 95 do not explicitly
authorize WMTS systems to operate on
a secondary basis on those portions of
the 1427–1432 MHz shared band where
non-medical telemetry is primary. In
response to conflicting requests, the
NPRM sought comment on amending
the rules to clarify whether such
operations are permitted.
24. Commenters support the joint
ASHE–LMCC coordination agreement
and agree that it should be crossreferenced or codified in the rules. We
conclude, however, that no rule change
is necessary or appropriate. The ASHE–
LMCC agreement is self-executing. As
the NPRM concluded, the agreement
does not conflict with the existing rules.
Codification or incorporation by
reference of the agreement would
prevent ASHE and LMCC from making
amendments to the agreement by
mutual consent. Moreover, our decision
not to amend the rules to reflect the
agreement is consistent with our current
treatment of other agreements between
or among other frequency coordinators,
which are not codified or incorporated
by reference in the rules.
25. Commenters are split on the issue
of whether WMTS operations should be
permitted to operate on a secondary
basis in the portions of the 1427–1432
MHz band where non-medical telemetry
has primary status. Some WMTS
operations in the portions of the 1427–
1432 MHz band where non-medical
telemetry has primary status already are
registered with ASHE. ASHE and one
equipment manufacturer argue that the
part 95 rules should be amended to
expressly permit such WMTS
operations. Philips states that many
secondary WMTS devices operate free
from unwanted interference because
they use smart radio technology with
cognitive functions, which can sense
and avoid other transmissions, and
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change channels if necessary. ASHE
supports permitting secondary WMTS
operations, but suggests that WMTS
users be notified and cautioned that
such operations should not be relied
upon for functions that are critical to
patient safety, because secondary
operations would be subject to receiving
interference from part 90 operations. On
the other hand, LMCC and two
manufacturers request that WMTS not
be permitted to operate on a secondary
basis in the non-medical telemetry
portion of the band because patient
health and safety could be jeopardized.
LMCC states that nearly all WMTS
systems implemented at health-care
facilities are deployed and registered by
the equipment manufacturer and not by
facility telecommunications staff, so
health-care facility personnel do not
understand that they have only
secondary status on certain frequencies.
26. The Commission created the
WMTS in order to make available
spectrum where medical telemetry
services could operate on a primary
basis, free from harmful interference.
The authorization of secondary WMTS
operations would subject such
operations to the same interference
concerns that the WMTS allocation was
intended to address. We conclude,
based on the current record, that
permitting WMTS devices to operate on
a secondary basis is not in the public
interest, because of the risk of unwanted
interference that can jeopardize patient
safety. In addition, we note that while
the 1427–1432 MHz band is the most
commonly utilized WMTS band, it is
not the only WMTS band available.
WMTS devices are authorized to operate
on a primary basis on a total of fourteen
megahertz of spectrum, and the record
does not establish that secondary
spectrum is needed to meet WMTS
communication needs. Accordingly, we
amend § 95.1111 of the Commission’s
rules to clarify that the registration of
WMTS devices on those portions of the
1427–1432 MHz band where WMTS
operations do not hold primary status is
prohibited. WMTS devices already
registered to operate on secondary
frequencies will be grandfathered, and
may continue operating for the time
being. Nonetheless, we encourage users
of such equipment to investigate
whether those operations can or should
be migrated to primary WMTS
frequencies in order to maximize patient
safety.
27. We adopt ASHE’s suggested
editorial revisions to §§ 90.259(b)(4) (to
clarify one of the carve-out areas);
95.1101, 95.1103(c), 95.1111(a) (to
clarify the registration and notification
process), 95.1115(a) and (d) and 95.1121
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(to clarify that WMTS operates beyond
the 1427–1429.5 MHz segment in the
carve-out areas). ASHE further requests
that the Commission amend both
§§ 95.1105 and 95.1115 of the
Commission’s rules to make it ‘‘even
more expressly understood’’ that
authorized health care providers are
licensed by rule to operate WMTS
equipment only when the registration
requirements in § 95.1111(a) have been
met. We do not find such clarification
necessary. Sections 95.1105 and 95.1111
clearly state that frequency coordination
is required prior to commencement of
WMTS operations. The Commission to
date has not received any complaints
from operators of WMTS devices about
the clarity and meaning of these rules,
and no incidents have been reported
where WMTS operations were
commenced prior to registration with
ASHE. Therefore, we believe that the
relevant language in the part 95 rules is
sufficient. Similarly, we also reject
Itron’s proposal that the rules should
specify that WMTS users must
coordinate operations prior to
construction, because we are not
persuaded that the current preactivation registration requirement is
inadequate. Moreover, we reject LMCC’s
proposal that the rules be amended to
require ASHE to notify part 90
coordinators using the same electronic
batch filing format that the part 90
coordinators use to notify each other of
part 90 coordinations. We agree with
ASHE that such details should be
negotiated between the parties.
I. Procedural Matters
A. Ex Parte Rules—Permit-but-Disclose
Proceeding
28. 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.
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B. Paperwork Reduction Act
29. 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).
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II. Final Regulatory Flexibility Analysis
30. As required by the Regulatory
Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA)
of the possible significant economic
impact on small entities by the policies
and rules proposed in the NPRM in this
proceeding was incorporated in the
NPRM. See 5 U.S.C. 603. Written public
comments were requested on the IRFA.
This present Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
See 5 U.S.C. 604. The Commission will
send a copy of the Second R&O,
including this FRFA, to the Chief
Counsel for Advocacy of the U.S. Small
Business Administration. In addition, a
copy of the Second R&O and FRFA (or
summaries thereof) will also be
published in the Federal Register.
Need for, and Objectives of, the
Proposed Rules
31. 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 sought
comment on miscellaneous rule
amendments that were intended to
clarify part 90 of the Commission’s
rules. In addition, the NPRM sought
comment on eliminating certain
regulatory requirements contained in
part 90 of the Commission’s rules. The
NPRM also sought 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 solicited 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
32. Authority for issuance of this item
is contained in sections 4(i), 303(r), and
403 of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 303(r),
and 403.
Summary of Significant Issues Raised by
Public Comments in Response to the
IRFA
33. No comments were submitted
specifically in response to the IRFA.
However, some commenters to the
NPRM contend that the Commission’s
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suggestion that part 90 be reorganized
would result in a more complex
regulatory burden on Commission
licensees. We have considered the
potential economic impact on small
entities of these rules, and we have
considered alternatives that would
reduce the potential economic impact of
the rules enacted herein, regardless of
whether the potential economic impact
was discussed in any comments.
Description and Estimate of the Number
of Small Entities to Which the Final
Rules Will Apply
34. 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 notfor-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 the NPRM.
35. 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
encompass business entities engaged in
radiotelephone communications
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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.
36. 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.
37. RF Equipment Manufacturers. The
Census Bureau defines this category as
follows: ‘‘This industry comprises
establishments primarily engaged in
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
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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.
38. 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. 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. 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 623110 (issued Nov. 2005).
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. 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).
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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.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
39. There are no projected reporting,
recordkeeping or other compliance
requirements.
E. 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 adopted in
the 2nd R&O 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 2nd R&O,
we will not change rules concerning
multiple licensing because it still
appears to be a viable and is not
obsolete. Additionally, the 2nd R&O
decides that determining the feasibility
of protection to broadcast AM station
antenna patterns in part 90 of our rules
would be best handled in another
ongoing Commission proceeding. The
2nd R&O also clarifies the
Commission’s stance on the
discontinuance of station classes FB8T
and MO8T. The 2nd R&O declines to
reorganize the part 90 rules. The 2nd
R&O also clarifies that WMTS
operations are not permitted on a
secondary basis.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
42. None.
III. Ordering Clauses
43. Pursuant to §§ 4(i), 303(r), and 403
of the Communications Act of 1934, 47
U.S.C. 154(i), 303(r), and 403, that this
Second FNPRM is hereby adopted.
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44. Notice is hereby given of the
proposed regulatory changes described
in this Second FNPRM and comment is
sought on these proposals.
45. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, SHALL SEND a
copy of this Second FNPRM, including
the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for
Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Parts 2, 90,
and 95
Communications equipment, Radio,
Reporting and recordkeeping
requirements.
Marlene H. Dortch,
Secretary, Federal Communications
Commission.
Final Rules
Parts 2, 90 and 95 of Chapter I of Title
47 of the Code of Federal Regulations
are amended 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. Section 2.106 is amended by
revising note US350 to read as follows:
■
§ 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:
(a) Medical operations. The use of the
band 1427–1432 MHz for medical
telemetry and telecommand operations
(medical operations) shall be authorized
for both Federal and non-Federal
stations.
(1) Medical operations shall be
authorized in the band 1427–1429.5
MHz in the United States and its insular
areas, except in the following locations:
Austin/Georgetown, Texas; Detroit and
Battle Creek, Michigan; Pittsburgh,
Pennsylvania; Richmond/Norfolk,
Virginia; Spokane, Washington; and
Washington, DC metropolitan area
(collectively, the ‘‘carved-out’’
locations). See Section 47 CFR
90.259(b)(4) for a detailed description of
these areas.
(2) In the carved-out locations,
medical operations shall be authorized
in the band 1429–1431.5 MHz.
(3) Medical operations may operate on
frequencies in the band 1427–1432 MHz
other than those described in
paragraphs (a)(1) and (2) only if the
operations were registered with a
designated frequency coordinator prior
to April 14, 2010.
(b) Non-medical operations. The use
of the band 1427–1432 MHz for nonmedical telemetry and telecommand
operations (non-medical operations)
shall be limited to non-Federal stations.
(1) Non-medical operations shall be
authorized on a secondary basis to the
Wireless Medical Telemetry Service
(WMTS) in the band 1427–1429.5 MHz
and on a primary basis in the band
1429.5–1432 MHz in the United States
and its insular areas, except in the
carved-out locations.
(2) In the carved-out locations, nonmedical operations shall be authorized
on a secondary basis in the band 1429–
1431.5 MHz and on a primary basis in
the bands 1427–1429 MHz and 1431.5–
1432 MHz.
*
*
*
*
*
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), 332(c)(7).
4. Section 90.20 is amended by adding
paragraph (e)(7) to read as follows:
■
§ 90.20
Public Safety Pool
*
*
*
*
*
(e) * * *
(7) Frequencies governed by
§ 90.35(c)(17).
*
*
*
*
*
■ 5. Amend § 90.35 as follows:
■ a. Remove paragraphs (c)(61)(v) and
(c)(68)(iv).
■ b. Add paragraphs (a)(5) and (c)(91).
■ c. In the table of paragraph (b)(3) place
the entry for ‘‘5850–5925’’ in numerical
order.
■ d. In the table of paragraph (b)(3),
revise the entries for ‘‘27.86’’ and ‘‘5850–
5925’’.
■ e. Revise paragraph (c)(67).
The additions and revisions read as
follows:
§ 90.35
Industrial/Business Pool.
(a) * * *
(5) Public Safety Pool eligibles are
eligible for Industrial/Business Pool
spectrum only to The extent that they
are engaged in activities listed in
paragraphs (a)(1) through (4) of this
section. Industrial/Business Pool
spectrum many not be utilized for the
purposes set forth in § 90.20(a).
*
*
*
*
*
(b) * * *
(3) * * *
INDUSTRIAL/BUSINESS POOL FREQUENCY TABLE
Frequency or band
Class of station(s)
*
*
27.86 ....................................................
*
*
Base or mobile ....................................
89.
*
*
5850–5925 ...........................................
*
*
.....do ...................................................
*
*
90, 91 ..................................................
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*
*
*
*
*
(c) * * *
(67) Medical telemetry operations are
authorized on this frequency on a
secondary basis. Medical telemetry
operations are subject to the provisions
of § 90.267(h)(2).
*
*
*
*
*
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Limitations
*
(91) Subpart M of this part contains
rules for assignment of frequencies in
the 5850–5925 MHz band.
*
*
*
*
*
6. Section 90.103 is amended by
revising the entries in the table in
paragraph (b) for ‘‘1900 to 1950,’’ ‘‘1950
■
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Coordinator
*
*
*
Not applicable.
to 2000,’’ ‘‘13,750 to 14,000,’’ and
paragraph (c)(1), to read as follows:
§ 90.103
*
Radiolocation Service.
*
*
(b) * * *
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Frequency or band
Class of station(s)
Limitation(s)
Kilohertz
*
*
*
1900 to 1950 ....................................................................
1950 to 2000 ....................................................................
*
*
*
*
Megahertz
*
*
*
13,750 to 14,000 ..............................................................
*
*
§ 90.175 Frequency coordinator
requirements.
*
*
*
*
*
(j) * * *
(5) Applications in the Industrial/
Business Pool requesting a frequency
designated for itinerant operations.
*
*
*
*
*
(19) Applications filed exclusively to
return channels that had been
authorized for commercial operation
pursuant to § 90.621(e) or (f) to noncommercial operation (including
removal of the authorization to
interconnect with the public switched
telephone network).
(20) Applications for a reduction in
the currently authorized emission
bandwidth or a deletion of an existing
emission designator.
(21) Applications for a reduction in
antenna height or authorized power.
■ 8. Section 90.247 is amended by
removing and reserving paragraphs (b)
and (c) and revising paragraph (f) to
read as follows:
Mobile repeater stations.
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*
*
*
*
*
(f) When automatically retransmitting
messages originated by or destined for
hand-carried units, each mobile station
shall activate the mobile transmitter
only with a continuous access signal,
the absence of which will de-activate
the mobile transmitter. The continuous
access signal is not required when the
mobile unit is equipped with a switch
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*
*
*
that activates the automatic mode of the
mobile unit and an automatic timedelay device that de-activates the
transmitter after any uninterrupted
transmission period in excess of 3
minutes. For the purposes of this rule
section the continuous access signal can
be achieved by use of digital or analog
methods.
9. Section 90.259 is amended by
revising paragraph (b)(4)(ii) to read as
follows:
■
§ 90.259 Assignment and use of
frequencies in the bands 216–220 MHz and
1427–1432 MHz.
*
*
*
*
*
(b) * * *
(4) * * *
(ii) Washington, DC metropolitan
area—Counties of Montgomery, Prince
George’s and Charles in Maryland;
Counties of Arlington, Prince William,
Fauquier, Loudon, and Fairfax, and
Cities of Alexandria, Falls Church,
Fairfax, Manassas and Manassas Park in
Virginia; and District of Columbia;
*
*
*
*
*
§ 90.267
[Amended]
10. Section 90.267 is amended by
removing paragraph (e)(3) and
redesignating paragraph (e)(4) as (e)(3).
■
11. Section 90.353 is amended by
revising paragraph (f) to read as follows:
■
§ 90.353 LMS operations in the 902–928
MHz band.
*
*
*
*
*
(f) Multilateration EA licensees may
be authorized to operate on both the
919.75–921.75 MHz and 921.75–927.75
MHz bands within a given EA (see
§ 90.209(b)(5)).
*
*
*
*
*
12. Section 90.357 is amended by
revising paragraph (a) to read as follows:
■
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*
6, 25, 26, 27 and 28.
6, 25, 27 and 28.
*
*
*
*
.....do ................................................................................
*
(c) * * *
(1) This frequency band is shared
with and stations operating in this
frequency band in this service are on a
secondary basis to stations licensed in
the Maritime Mobile Service.
*
*
*
*
*
■ 7. Section 90.175 is amended by
revising paragraph (j)(5) and adding
paragraphs (j)(19), (j)(20), and (j)(21) to
read as follows:
§ 90.247
*
*
*
.....do ................................................................................
.....do ................................................................................
*
*
*
29.
*
§ 90.357 Frequencies for LMS systems in
the 902–928 MHz band.
(a) Multilateration LMS systems will
be authorized on the following LMS
sub-bands:
LMS sub-band
904.000–909.750
MHz.
919.750–921.750
MHz.2
921.750–927.250
MHz.
Forward link 1
927.750–928.000
MHz.
927.500–927.750
MHz.
927.250–927.500
MHz.
1 Forward links for LMS systems may also
be contained within the LMS sub-band. However, the maximum allowable power in these
sub-bands is 30 Watts ERP in accordance
with § 90.205(l).
2 The
frequency band 919.750–921.750
MHz
is
shared
co-equally
between
multilateration and non-multilateration LMS
systems.
*
*
*
*
*
13. Section 90.621 is amended by
revising paragraph (a) to read as follows:
■
§ 90.621 Selection and assignment of
frequencies.
(a) Applicants for frequencies in the
Public Safety and Business/Industrial/
Land Transportation Categories must
specify on the application the
frequencies on which the proposed
system will operate pursuant to a
recommendation by the applicable
frequency coordinator. Applicants for
frequencies in the SMR Category must
request specific frequencies by
including in their applications the
frequencies requested.
(1) For trunked systems, the
assignment of frequencies will be made
in accordance with applicable loading
criteria and in accordance with the
following:
(i) Channels will be chosen and
assigned in accordance with §§ 90.615,
90.617, or 90.619.
(ii) A mobile station is authorized to
transmit on any frequency assigned to
its associated base station.
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(iii) There are no limitations on the
number of frequencies that may be
trunked. Authorizations for non-SMR
stations may be granted for up to 20
trunked frequency pairs at a time in
accordance with the frequencies listed
in §§ 90.615, 90.617, and 90.619.
(2) For conventional systems the
assignment of frequencies will be made
in accordance with applicable loading
criteria. Accordingly, depending upon
the number of mobile units to be served,
an applicant may either be required to
share a channel, or, if an applicant
shows a sufficient number of mobile
units to warrant the assignment of one
or more channels for its exclusive use,
it may be licensed to use such channel
or channels on an unshared basis in the
area of operation specified in its
application.
(i) Channels will be chosen and
assigned in accordance with §§ 90.615,
90.617, or 90.619.
(ii) A mobile station is authorized to
transmit on any frequency assigned to
its associated base station.
*
*
*
*
*
PART 95—PERSONAL RADIO
SERVICES
14. 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.
15. Section 95.1101 is revised to read
as follows:
■
§ 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. See
§ 95.630 regarding permissible
frequencies.
16. Section 95.1103 is amended by
revising paragraph (c) to read as follows:
■
§ 95.1103
Definitions.
jlentini on DSKJ8SOYB1PROD with RULES
*
*
*
*
*
(c) Wireless medical telemetry. The
measurement and recording of
physiological parameters and other
patient-related information via radiated
bi-or unidirectional electromagnetic
signals in the 608–614, 1395–1400 MHz
and 1427–1432 MHz frequency bands.
■ 17. Section 95.1111 is amended by
revising paragraph (a) introductory text
and adding paragraph (c) to read as
follows:
§ 95.1111
Frequency coordination.
16:13 Apr 13, 2010
Jkt 220001
18. Section 95.1115 is amended by
revising paragraphs (a)(2) and (d)(1) as
follows:
■
§ 95.1115
General technical requirements.
(a) * * *
(2) In the 1395–1400 MHz and 1427–
1432 MHz bands, the maximum
allowable field strength is 740 mV/m, as
measured at a distance of 3 meters,
using measuring equipment with an
averaging detector and a 1MHz
measurement bandwidth.
*
*
*
*
*
(d) * * *
(1) In the 1395–1400 MHz and 1427–
1432 MHz bands, no specific channels
are specified. Wireless medical
telemetry devices may operate on any
channel within the bands authorized for
wireless medical telemetry use in this
part.
*
*
*
*
*
19. Section 95.1121 is revised to read
as follows:
■
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 22
[Docket No OST–2008–0236]
RIN 2105–AD50
Short-Term Lending Program (STLP)
AGENCY: Office of the Secretary (OST),
Department of Transportation (DOT).
ACTION: Final rule.
SUMMARY: This final rule governs the
Short Term Lending Program (STLP),
which provides financial assistance in
the form of guarantees of short-term
revolving lines of credit from
Participating Lenders (PLs) to
disadvantaged Business Enterprises
(DBEs) and other certified small and
disadvantaged business (SDBs) in
connection with transportation-related
contracts at the local, state and federal
levels. The program is administered
through cooperative agreements
between DOT’s Office of Small and
Disadvantaged Business Enterprise
(OSDBU) and Participating Lenders and
under the STLP’s governing policies and
procedures.
DATES: This rule is effective May 14,
2010.
FOR FURTHER INFORMATION CONTACT:
Nancy Strine, Financial Assistance
Division Manager, U.S Department of
Transportation, OSDBU, 1200 New
Jersey Ave, SE., Room W56–497,
Washington, DC 20590. Telephone:
(800) 532–1169 or e-mail:
Nancy.Strine@dot.gov.
SUPPLEMENTARY INFORMATION:
§ 95.1121 Specific requirements for
wireless medical telemetry devices
operating in the 1395–1400 and 1427–1432
MHz bands.
Due to the critical nature of
communications transmitted under this
part, the frequency coordinator in
consultation with the National
Telecommunications and Information
Administration shall determine whether
there are any Federal Government
systems whose operations could affect,
or could be affected by, proposed
wireless medical telemetry operations in
the 1395–1400 MHz and 1427–1432
MHz bands. The locations of
government systems in these bands are
specified in footnotes US351 and US352
of § 2.106 of this chapter.
[FR Doc. 2010–7648 Filed 4–13–10; 8:45 am]
(a) Prior to operation, authorized
health care providers who desire to use
wireless medical telemetry devices must
VerDate Nov<24>2008
register all devices with a designated
frequency coordinator. Except as
specified in § 95.1105, operation of
WMTS equipment prior to registration
is not authorized under this part. The
registration must include the following
information:
*
*
*
*
*
(c) As of April 14, 2010, no
registrations may be accepted for
frequencies where WMTS does not have
primary status. Previously registered
secondary facilities may continue to
operate as registered.
19285
BILLING CODE 6712–01–P
PO 00000
Frm 00101
Fmt 4700
Sfmt 4700
Background
On August 21, 2008, the Office of
Small and Disadvantaged Business
Utilization (OSDBU) of the Office of the
Secretary (OST) of the Department of
Transportation (DOT) issued a Notice of
Proposed Rulemaking (NPRM) in Docket
OST–2008–0236 proposing to adopt
regulations governing its Short Term
Lending Program (STLP) and published
the NPRM in the Federal Register. See
‘‘Department of Transportation, Office of
the Secretary, 49 CFR part 22 [Docket
NO: OST–2008–0236], RIN 2105–AD50,
73 FR 49386 et seq. (August 21, 2008).’’
In the NPRM, we announced that we
were considering regulations to replace
the internal policies and guidelines that
had for years been used to manage the
STLP.
As noted in the NPRM, the Secretary
of Transportation has delegated the
authority to carry out the functions in
E:\FR\FM\14APR1.SGM
14APR1
Agencies
[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Rules and Regulations]
[Pages 19277-19285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7648]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 90, and 95
[WP Docket No. 07-100, FCC 10-36]
PLMR Licensing; Frequency Coordination and Eligibility Issues
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) considers rule changes to certain of its rules that were
addressed in a previous decision in this proceeding. In that decision,
the Commission proposed various changes to its rules regarding PLMR
licensing, including frequency coordination and eligibility issues.
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 the public to understand.
DATES: Effective May 14, 2010.
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 Second
Report and Order (``Second R&O'') in WP Docket No. 07-100, FCC 10-36,
adopted on March 3, 2010, and released March 10, 2010. In a Notice of
Proposed Rulemaking and Order (NPRM and Order) published at 72 FR
32582, June 13, 2007, in this proceeding, the Commission proposed
various changes to its rules regarding PLMR licensing, including
frequency coordination and eligibility issues. 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. Applications for new
and modified part 90 stations generally require frequency coordination
before the application is submitted to the Commission, but certain
types of applications are exempt from the frequency coordination
requirement because they do not ``have an impact on near-term frequency
selections.'' The NPRM sought comment on whether to permit licensees to
forgo frequency
[[Page 19278]]
coordination for other types of applications.
3. In the NPRM, the Commission noted that certain PLMR licensees
are permitted to modify their licenses to authorize CMRS operations
(and subsequently to modify such licenses to revert to PLMR
operations), and proposed to exempt such modifications from the
frequency coordination requirement because frequency coordinators do
not make recommendations regarding changes between private and
commercial status. With respect to PLMR-to-CMRS conversions, we agree
with Land Mobile Communications Council (LMCC) and Motorola that we
should retain the requirement for prior coordination. Such conversions
involve interconnection with the public switched telephone network,
which typically results in much higher levels of airtime usage on a
channel. Such increased usage can affect other licensees, and for this
reason we conclude that frequency coordinators should evaluate the
implications of any proposed conversions to CMRS. We agree with the
commenters, however, that frequency coordination should not be required
when a licensee reverts from CMRS to PLMR operations, and amend our
rules accordingly.
4. The NPRM also sought comment on whether to eliminate the
frequency coordination requirement for applications where the only
change is a reduction in authorized bandwidth on the licensed center
frequencies. Half of the commenters addressing this issue argue that
frequency coordination should be required for any change in technical
parameters, including a reduction in authorized bandwidth, to protect
nearby co-channel and adjacent channel licensee operations from new and
potentially harmful interference. The other commenters contend that
frequency coordination is not necessary for modifications that propose
only a reduction in bandwidth on the licensee's currently authorized
center frequency, because such a reduction cannot have an adverse
impact on co-channel or adjacent channel licensees. They emphasize that
such an exemption from the frequency coordination requirement should be
limited to applications proposing only to reduce channel bandwidth
while remaining on the original center frequency, and not seeking any
other changes to the existing license, such as converting from analog
to digital emission.
5. We agree that a simple reduction in authorized bandwidth cannot
adversely impact co-channel or adjacent channel licensees. We therefore
find no need for a coordinator to review the proposal in advance.
Removing the frequency coordination requirement for applications that
modify existing licenses by reducing authorized bandwidth will not
undermine the purpose of the frequency coordination process, i.e., to
ensure the quality of frequency selections, expedite licensing, and
improve spectrum efficiency to the benefit of private land mobile
users. It therefore is in the public interest and is consistent with
the Commission's goal of reducing unnecessary regulatory burdens on
licensees. In addition, we note that most PLMR licensees below 512 MHz
will be required to migrate from 25 kHz operation to 12.5 kHz or
narrower operation on their existing frequencies, and we find that
removing the frequency coordination requirement for such applications
will further the upcoming narrowbanding transition without disturbing
the integrity of the frequency coordination process or the Commission's
overall spectrum management objectives. As a result, we amend our rules
to provide an exemption from the frequency coordination requirement for
modification applications that only reduce authorized bandwidth while
remaining on the original center frequencies, and do not seek any other
changes in technical parameters.
6. In addition, the NPRM invited commenters to suggest other types
of applications for which frequency coordination should no longer be
required. We agree with Sprint Nextel that applications seeking to
modify licenses by lowering antenna height and/or decreasing power
should be exempted from frequency coordination. Not only would this
have no adverse impact on co-channel or adjacent channel licensees,
but, as Sprint Nextel points out, frequency coordinators do not
recommend changes to applications seeking such modifications, and the
technical information is readily available in the Universal Licensing
System (ULS) database. Such modifications are similar in their effect
on other licensees to applications to eliminate frequencies or
transmitter site locations, for which frequency coordination is no
longer required. We amend our rules accordingly.
7. Mobile Repeaters. The NPRM proposed to delete Sec. 90.247(b) of
the Commission's rules, which states that for Industrial/Business Pool
frequencies below 450 MHz, 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. The commenters generally support the proposal. Only
Forest Industries Telecommunications (FIT) is concerned that removal of
the mobile repeater power limits will lead to a ``power war'' among
licensees, resulting in harmful interference to other licensees on
those channels. While we understand FIT's concern, we believe that the
benefits of greater flexibility from allowing mobile repeaters on full-
power channels outweighs the speculative possibility of harmful
interference, particularly given that mobile repeaters typically are
deployed for a limited period of time. We note that mobile repeaters
require frequency coordination, and the Commission's rules require
licensees to work together to solve any interference issues. Operators
may also be subject to enforcement action for causing interference to
other users. As a result, we find that modification of our rules to
remove the channel restriction concerning mobile repeaters below 450
MHz is appropriate. Similarly, we agree with Motorola that we should
eliminate the related limitation in Sec. 90.247(c) of the Commission's
rules, which limits to 2.5 watts the output power of hand-held
transmitters that communicate by way of a mobile repeater. Of course,
such transmitters and mobile repeaters will be subject to other
relevant part 90 power limitations, and may not exceed the Commission's
radio frequency exposure criteria. Should mobile repeater operations
under the rules as amended result in interference to other users, we
may revisit this issue to examine whether we should address the
situation by, for example, reinstituting power limits or limiting the
service area radius for mobile repeaters.
8. Motorola also notes that Sec. 90.247(f) requires mobile
repeaters to be controlled using a ``continuous coded tone.'' This term
is an analog reference, which Motorola recommends be replaced with
``continuous access signal,'' which will accommodate both digital and
analog control techniques. We agree, and will amend Sec. 90.247
accordingly
9. Expired Licenses. In general, frequencies associated with
expired licenses become available for reassignment once the license is
deleted from the Commission's ULS database of active licenses (i.e.,
the license's status in ULS is changed from Active to Expired or
Canceled). Ordinarily, there is a delay between the date a license
expires and the date its status is changed from Active to Expired in
our licensing records. During that period, frequency coordinators may
select a frequency associated with the expired license for
recommendation to the
[[Page 19279]]
Commission (coordinate the frequency), but the Commission does not
accept applications for the frequency until the frequency becomes
available for reassignment.
10. LMCC notified the Commission in 2004 that all part 90 frequency
coordinators agreed not to coordinate frequencies associated with an
expired license until the frequencies become available for
reassignment, and requested the Commission's cooperation in enforcing
this policy. As a result, the NPRM sought 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. In response, LMCC reports that the agreement has
operated properly since 2004. While some commenters favor codifying the
agreement in the Commission's rules, we agree with LMCC that no rule
changes are required, and the Commission need only enforce the policy
in the event that a third party objects to a premature coordination.
11. Multiple Licensing. As explained in the NPRM, most PLMR
communication systems employ mobile relays (repeaters) with wide-area
coverage so that communication may be maintained between mobile units
that otherwise would be out of range of one another. It is common
practice for an entity that owns and operates a repeater to share a
base station with a number of other users. Under this practice, each
user of the mobile relay station (commonly called a ``community
repeater'') applies for and obtains an individual license for the
station. Thus, a single base station is licensed to multiple users. The
NPRM sought comment on the continued usefulness of multiple licensing,
given that changes in the Commission's rules have created new means for
multiple entities to share facilities or spectrum, or otherwise meet
their communications needs.
12. Most commenters argue that multiple licensing continues to
serve an important purpose and should be retained. We agree that
multiple licensing provides for a cost effective licensing option to
entities while also facilitating efficient use of spectrum. Therefore,
we conclude that there are public interest benefits in allowing
multiple licensing of the same facility, and we will take no action to
phase it out at this time.
13. Industrial/Business Pool Eligibility. Section 90.35 of the
Commission's rules permits entities engaged in, inter alia, ``[t]he
operation of a commercial activity'' to operate on Industrial/Business
Pool frequencies, and by its language does not expressly exclude State
or local government entities from eligibility. The NPRM concluded that
Sec. 90.35 is flexible, and that activities such as the operation of a
utility, golf course, etc., whether conducted by a government entity or
a private entity, are ``commercial activities'' within the meaning of
the rule. It sought comment on whether to amend Sec. 90.35 to
expressly provide that governmental entities are eligible to use
Industrial/Business Pool frequencies for commercial enterprises.
14. Every commenter addressing the issue supports amending Sec.
90.35 to clarify that State and local government entities are eligible
for Industrial/Business Pool frequencies when they engage in commercial
activities. Some commenters, while supporting the rule change, indicate
that the Commission should condition such authorizations to prevent the
use of Industrial/Business Pool frequencies for mission-critical public
safety services. We agree that State and local government entities
should be able to be licensed for Industrial/Business Pool spectrum for
use in commercial activities but not for public safety operations. We
amend Sec. 90.35(a) accordingly.
15. The NPRM also sought comment on a request that the Commission's
rules be amended to permit government surveying operations to utilize
Industrial/Business Pool itinerant frequencies. Commenters unanimously
support this request, stating that it would enable government entities
to utilize modern surveying equipment, which currently is manufactured
to operate only on Industrial/Business Pool frequencies. We agree with
the commenters, and will amend the rules to permit government surveying
operations to utilize the Industrial/Business Pool itinerant
frequencies.
16. Disturbance of AM Broadcast Station Antenna Patterns. The NPRM
requested comment on whether to modify part 90 to include provisions
for the correction of any disturbance of AM broadcast stations' antenna
patterns by new land mobile towers and antennas. We agree with
commenters' consensus that this issue would be more appropriately
considered in another pending Commission proceeding, so we will not
amend part 90 at this time.
17. FB8T Station Class. In 2000, 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.
All channels associated with a centralized trunked system and any
channels in a hybrid system for which the necessary consent has been
obtained or that are licensed on an exclusive basis must have an FB8
code for the base/mobile relay station. Approximately thirty-five
authorizations were subsequently issued with a station class of FB8T,
allowing temporary use of base and mobile relay channels in systems
that are not subject to a monitoring requirement. Authorizing temporary
base stations anywhere within a licensee's authorized operating area
could, however, allow the licensee to expand the contour of its
unmonitored operations into areas where it does not have exclusivity,
which could result in interference to other licensees. Consequently, we
no longer issue authorizations for systems with a station class of
FB8T.
18. In the NPRM, the Commission proposed to renew existing FB8T
authorizations with a station class code of FBT (temporary base) in
order to make it clear that these operations are subject to the
monitoring requirement, and sought comment on whether any corresponding
amendment to part 90 was necessary. Commenters support the proposal,
but an applicant whose FB8T application subsequently was granted as FBT
suggested that station class code FB6T (the station class code used for
decentralized trunked temporary stations) is more appropriate. We agree
that current FB8T stations should use a more specific station class
code than FBT. As a result, we hereby clarify that FB8T stations will
be renewed as FB2T (private, internal systems) or FB6T (for-profit
private carriers), as appropriate. No rule changes or other action are
necessary to implement this proposal at this time.
19. Reorganization of Part 90. The NPRM sought comment on whether
it would be appropriate to reorganize the part 90 rules. It noted that
many of the services regulated under part 90 differ significantly from
the ``traditional'' PLMR services on which the original part 90 rules
were premised in 1978, and that the current rules cover PLMR and CMRS
services, site-based and geographically licensed services, and public
safety and non-public safety services, on frequencies ranging from 530
kHz to 4990 MHz. Nearly all of the commenters addressing this issue
believe that changing the organizational structure of the part 90 rules
is unnecessary and would likely result in a more complex regulatory
burden being placed on Commission licensees without any likely benefit
to the licensees or the Commission.
[[Page 19280]]
Accordingly, we decline to adopt any structural changes to the part 90
rules.
20. Editorial Amendments. Finally, we take this opportunity to make
minor editorial amendments to part 90. Specifically, we amend Sec.
90.35(b)(3) to associate the correct limitations with frequency 27.86
MHz and frequency band 5850-5925 MHz. We also take this opportunity to
remove references in Sec. Sec. 90.35 and 90.267 to the freeze on high
power applications for 12.5 kHz offset channels in the 460-470 MHz
band, which has expired. Additionally, we amend the table in Sec.
90.103 to correct references to certain limitations that were
renumbered in another proceeding, and to delete a reference to the
International Fixed Public Radiocommunications Service, which was
eliminated in another proceeding. Further, we amend Sec. 175(j)(5) to
remove references to frequencies that have been redesignated from part
90 to part 95. We also amend Sec. 90.621(a) to restore language that
was inadvertently deleted when the rule was amended in another
proceeding. Further, we utilize this opportunity to amend Sec. Sec.
90.353(f) and 90.357(a) to correct typographical errors.
21. Wireless Medical Telemetry Issues. The Wireless Medical
Telemetry Service (WMTS) was established in 2000 to enhance the
reliability of medical telemetry equipment that is vital to the
effective care of patients with acute and chronic health problems, and
to ensure that wireless medical telemetry devices can operate free of
harmful interference. Fourteen megahertz of spectrum, in three bands,
was allocated for WMTS operations. The band 1427-1432 MHz is shared
between medical and non-medical telemetry operations. Generally, WMTS
has primary status in the lower half of the band (1427-1429.5 MHz), and
non-medical telemetry in the upper half of the band (1429.5-1432 MHz).
Non-medical telemetry licensees may not exceed a measured or predicted
field strength of 150 [mu]V/m into the WMTS portion of the band at the
site of any WMTS operation. WMTS operations are licensed by rule,
without separate Commission authorization, but must be registered with
the American Society of Health Care Engineering of the American
Hospital Association (ASHE), the WMTS frequency coordinator, prior to
operation.
22. In addition, in order to avoid interference between medical and
non-medical telemetry operations in the 1427-1432 MHz shared band, ASHE
and the part 90 frequency coordinators are required to share with each
other information about newly deployed WMTS equipment and part 90
frequency recommendations. At the Commission's request, ASHE and LMCC
formulated a mutually agreeable coordination plan, which was filed with
the Commission on August 18, 2004. The NPRM tentatively concluded that
implementation of the joint ASHE-LMCC coordination agreement would be
in the public interest because it will further the Commission's
continuing efforts to ensure protection of WMTS operations from harmful
interference, and sought comment on whether the ASHE-LMCC coordination
agreement should be reflected in the rules.
23. The agreement sets forth different coordination procedures,
depending on whether medical telemetry and non-medical telemetry are
co-channel or adjacent channel, and whether each is primary or
secondary. The WMTS service rules in part 95 do not explicitly
authorize WMTS systems to operate on a secondary basis on those
portions of the 1427-1432 MHz shared band where non-medical telemetry
is primary. In response to conflicting requests, the NPRM sought
comment on amending the rules to clarify whether such operations are
permitted.
24. Commenters support the joint ASHE-LMCC coordination agreement
and agree that it should be cross-referenced or codified in the rules.
We conclude, however, that no rule change is necessary or appropriate.
The ASHE-LMCC agreement is self-executing. As the NPRM concluded, the
agreement does not conflict with the existing rules. Codification or
incorporation by reference of the agreement would prevent ASHE and LMCC
from making amendments to the agreement by mutual consent. Moreover,
our decision not to amend the rules to reflect the agreement is
consistent with our current treatment of other agreements between or
among other frequency coordinators, which are not codified or
incorporated by reference in the rules.
25. Commenters are split on the issue of whether WMTS operations
should be permitted to operate on a secondary basis in the portions of
the 1427-1432 MHz band where non-medical telemetry has primary status.
Some WMTS operations in the portions of the 1427-1432 MHz band where
non-medical telemetry has primary status already are registered with
ASHE. ASHE and one equipment manufacturer argue that the part 95 rules
should be amended to expressly permit such WMTS operations. Philips
states that many secondary WMTS devices operate free from unwanted
interference because they use smart radio technology with cognitive
functions, which can sense and avoid other transmissions, and change
channels if necessary. ASHE supports permitting secondary WMTS
operations, but suggests that WMTS users be notified and cautioned that
such operations should not be relied upon for functions that are
critical to patient safety, because secondary operations would be
subject to receiving interference from part 90 operations. On the other
hand, LMCC and two manufacturers request that WMTS not be permitted to
operate on a secondary basis in the non-medical telemetry portion of
the band because patient health and safety could be jeopardized. LMCC
states that nearly all WMTS systems implemented at health-care
facilities are deployed and registered by the equipment manufacturer
and not by facility telecommunications staff, so health-care facility
personnel do not understand that they have only secondary status on
certain frequencies.
26. The Commission created the WMTS in order to make available
spectrum where medical telemetry services could operate on a primary
basis, free from harmful interference. The authorization of secondary
WMTS operations would subject such operations to the same interference
concerns that the WMTS allocation was intended to address. We conclude,
based on the current record, that permitting WMTS devices to operate on
a secondary basis is not in the public interest, because of the risk of
unwanted interference that can jeopardize patient safety. In addition,
we note that while the 1427-1432 MHz band is the most commonly utilized
WMTS band, it is not the only WMTS band available. WMTS devices are
authorized to operate on a primary basis on a total of fourteen
megahertz of spectrum, and the record does not establish that secondary
spectrum is needed to meet WMTS communication needs. Accordingly, we
amend Sec. 95.1111 of the Commission's rules to clarify that the
registration of WMTS devices on those portions of the 1427-1432 MHz
band where WMTS operations do not hold primary status is prohibited.
WMTS devices already registered to operate on secondary frequencies
will be grandfathered, and may continue operating for the time being.
Nonetheless, we encourage users of such equipment to investigate
whether those operations can or should be migrated to primary WMTS
frequencies in order to maximize patient safety.
27. We adopt ASHE's suggested editorial revisions to Sec. Sec.
90.259(b)(4) (to clarify one of the carve-out areas); 95.1101,
95.1103(c), 95.1111(a) (to clarify the registration and notification
process), 95.1115(a) and (d) and 95.1121
[[Page 19281]]
(to clarify that WMTS operates beyond the 1427-1429.5 MHz segment in
the carve-out areas). ASHE further requests that the Commission amend
both Sec. Sec. 95.1105 and 95.1115 of the Commission's rules to make
it ``even more expressly understood'' that authorized health care
providers are licensed by rule to operate WMTS equipment only when the
registration requirements in Sec. 95.1111(a) have been met. We do not
find such clarification necessary. Sections 95.1105 and 95.1111 clearly
state that frequency coordination is required prior to commencement of
WMTS operations. The Commission to date has not received any complaints
from operators of WMTS devices about the clarity and meaning of these
rules, and no incidents have been reported where WMTS operations were
commenced prior to registration with ASHE. Therefore, we believe that
the relevant language in the part 95 rules is sufficient. Similarly, we
also reject Itron's proposal that the rules should specify that WMTS
users must coordinate operations prior to construction, because we are
not persuaded that the current pre-activation registration requirement
is inadequate. Moreover, we reject LMCC's proposal that the rules be
amended to require ASHE to notify part 90 coordinators using the same
electronic batch filing format that the part 90 coordinators use to
notify each other of part 90 coordinations. We agree with ASHE that
such details should be negotiated between the parties.
I. Procedural Matters
A. Ex Parte Rules--Permit-but-Disclose Proceeding
28. 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. Paperwork Reduction Act
29. 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. Final Regulatory Flexibility Analysis
30. As required by the Regulatory Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on small entities by the policies and rules proposed in
the NPRM in this proceeding was incorporated in the NPRM. See 5 U.S.C.
603. Written public comments were requested on the IRFA. This present
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA. See 5
U.S.C. 604. The Commission will send a copy of the Second R&O,
including this FRFA, to the Chief Counsel for Advocacy of the U.S.
Small Business Administration. In addition, a copy of the Second R&O
and FRFA (or summaries thereof) will also be published in the Federal
Register.
Need for, and Objectives of, the Proposed Rules
31. 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 sought comment on miscellaneous rule
amendments that were intended to clarify part 90 of the Commission's
rules. In addition, the NPRM sought comment on eliminating certain
regulatory requirements contained in part 90 of the Commission's rules.
The NPRM also sought 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 solicited 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
32. Authority for issuance of this item is contained in sections
4(i), 303(r), and 403 of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 303(r), and 403.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
33. No comments were submitted specifically in response to the
IRFA. However, some commenters to the NPRM contend that the
Commission's suggestion that part 90 be reorganized would result in a
more complex regulatory burden on Commission licensees. We have
considered the potential economic impact on small entities of these
rules, and we have considered alternatives that would reduce the
potential economic impact of the rules enacted herein, regardless of
whether the potential economic impact was discussed in any comments.
Description and Estimate of the Number of Small Entities to Which the
Final Rules Will Apply
34. 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 the NPRM.
35. 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
encompass business entities engaged in radiotelephone communications
[[Page 19282]]
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.
36. 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.
37. RF Equipment Manufacturers. The Census Bureau defines this
category as follows: ``This industry comprises establishments primarily
engaged in 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.
38. 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. 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. 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 623110
(issued Nov. 2005). 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. 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.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
39. There are no projected reporting, recordkeeping or other
compliance requirements.
E. 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 adopted in the 2nd R&O 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 2nd R&O, we
will not change rules concerning multiple licensing because it still
appears to be a viable and is not obsolete. Additionally, the 2nd R&O
decides that determining the feasibility of protection to broadcast AM
station antenna patterns in part 90 of our rules would be best handled
in another ongoing Commission proceeding. The 2nd R&O also clarifies
the Commission's stance on the discontinuance of station classes FB8T
and MO8T. The 2nd R&O declines to reorganize the part 90 rules. The 2nd
R&O also clarifies that WMTS operations are not permitted on a
secondary basis.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
42. None.
III. Ordering Clauses
43. Pursuant to Sec. Sec. 4(i), 303(r), and 403 of the
Communications Act of 1934, 47 U.S.C. 154(i), 303(r), and 403, that
this Second FNPRM is hereby adopted.
[[Page 19283]]
44. Notice is hereby given of the proposed regulatory changes
described in this Second FNPRM and comment is sought on these
proposals.
45. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, SHALL SEND a copy of this Second FNPRM,
including the Initial Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Parts 2, 90, and 95
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Marlene H. Dortch,
Secretary, Federal Communications Commission.
Final Rules
0
Parts 2, 90 and 95 of Chapter I of Title 47 of the Code of Federal
Regulations are amended as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS: GENERAL
RULES AND REGULATIONS
0
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.
0
2. Section 2.106 is amended by revising note 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:
(a) Medical operations. The use of the band 1427-1432 MHz for
medical telemetry and telecommand operations (medical operations) shall
be authorized for both Federal and non-Federal stations.
(1) Medical operations shall be authorized in the band 1427-1429.5
MHz in the United States and its insular areas, except in the following
locations: Austin/Georgetown, Texas; Detroit and Battle Creek,
Michigan; Pittsburgh, Pennsylvania; Richmond/Norfolk, Virginia;
Spokane, Washington; and Washington, DC metropolitan area
(collectively, the ``carved-out'' locations). See Section 47 CFR
90.259(b)(4) for a detailed description of these areas.
(2) In the carved-out locations, medical operations shall be
authorized in the band 1429-1431.5 MHz.
(3) Medical operations may operate on frequencies in the band 1427-
1432 MHz other than those described in paragraphs (a)(1) and (2) only
if the operations were registered with a designated frequency
coordinator prior to April 14, 2010.
(b) Non-medical operations. The use of the band 1427-1432 MHz for
non-medical telemetry and telecommand operations (non-medical
operations) shall be limited to non-Federal stations.
(1) Non-medical operations shall be authorized on a secondary basis
to the Wireless Medical Telemetry Service (WMTS) in the band 1427-
1429.5 MHz and on a primary basis in the band 1429.5-1432 MHz in the
United States and its insular areas, except in the carved-out
locations.
(2) In the carved-out locations, non-medical operations shall be
authorized on a secondary basis in the band 1429-1431.5 MHz and on a
primary basis in the bands 1427-1429 MHz and 1431.5-1432 MHz.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
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), 332(c)(7).
0
4. Section 90.20 is amended by adding paragraph (e)(7) to read as
follows:
Sec. 90.20 Public Safety Pool
* * * * *
(e) * * *
(7) Frequencies governed by Sec. 90.35(c)(17).
* * * * *
0
5. Amend Sec. 90.35 as follows:
0
a. Remove paragraphs (c)(61)(v) and (c)(68)(iv).
0
b. Add paragraphs (a)(5) and (c)(91).
0
c. In the table of paragraph (b)(3) place the entry for ``5850-5925''
in numerical order.
0
d. In the table of paragraph (b)(3), revise the entries for ``27.86''
and ``5850-5925''.
0
e. Revise paragraph (c)(67).
The additions and revisions read as follows:
Sec. 90.35 Industrial/Business Pool.
(a) * * *
(5) Public Safety Pool eligibles are eligible for Industrial/
Business Pool spectrum only to The extent that they are engaged in
activities listed in paragraphs (a)(1) through (4) of this section.
Industrial/Business Pool spectrum many not be utilized for the purposes
set forth in Sec. 90.20(a).
* * * * *
(b) * * *
(3) * * *
Industrial/Business Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
Frequency or band Class of station(s) Limitations Coordinator
----------------------------------------------------------------------------------------------------------------
* * * * * * *
27.86............................. Base or mobile....... 89..................
* * * * * * *
5850-5925......................... .....do.............. 90, 91.............. Not applicable.
----------------------------------------------------------------------------------------------------------------
* * * * *
(c) * * *
(67) Medical telemetry operations are authorized on this frequency
on a secondary basis. Medical telemetry operations are subject to the
provisions of Sec. 90.267(h)(2).
* * * * *
(91) Subpart M of this part contains rules for assignment of
frequencies in the 5850-5925 MHz band.
* * * * *
0
6. Section 90.103 is amended by revising the entries in the table in
paragraph (b) for ``1900 to 1950,'' ``1950 to 2000,'' ``13,750 to
14,000,'' and paragraph (c)(1), to read as follows:
Sec. 90.103 Radiolocation Service.
* * * * *
(b) * * *
[[Page 19284]]
----------------------------------------------------------------------------------------------------------------
Frequency or band Class of station(s) Limitation(s)
----------------------------------------------------------------------------------------------------------------
Kilohertz
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1900 to 1950........................... .....do................... 6, 25, 26, 27 and 28.
1950 to 2000........................... .....do................... 6, 25, 27 and 28.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Megahertz
----------------------------------------------------------------------------------------------------------------
* * * * * * *
13,750 to 14,000....................... .....do................... 29.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(c) * * *
(1) This frequency band is shared with and stations operating in
this frequency band in this service are on a secondary basis to
stations licensed in the Maritime Mobile Service.
* * * * *
0
7. Section 90.175 is amended by revising paragraph (j)(5) and adding
paragraphs (j)(19), (j)(20), and (j)(21) to read as follows:
Sec. 90.175 Frequency coordinator requirements.
* * * * *
(j) * * *
(5) Applications in the Industrial/Business Pool requesting a
frequency designated for itinerant operations.
* * * * *
(19) Applications filed exclusively to return channels that had
been authorized for commercial operation pursuant to Sec. 90.621(e) or
(f) to non-commercial operation (including removal of the authorization
to interconnect with the public switched telephone network).
(20) Applications for a reduction in the currently authorized
emission bandwidth or a deletion of an existing emission designator.
(21) Applications for a reduction in antenna height or authorized
power.
0
8. Section 90.247 is amended by removing and reserving paragraphs (b)
and (c) and revising paragraph (f) to read as follows:
Sec. 90.247 Mobile repeater stations.
* * * * *
(f) When automatically retransmitting messages originated by or
destined for hand-carried units, each mobile station shall activate the
mobile transmitter only with a continuous access signal, the absence of
which will de-activate the mobile transmitter. The continuous access
signal is not required when the mobile unit is equipped with a switch
that activates the automatic mode of the mobile unit and an automatic
time-delay device that de-activates the transmitter after any
uninterrupted transmission period in excess of 3 minutes. For the
purposes of this rule section the continuous access signal can be
achieved by use of digital or analog methods.
0
9. Section 90.259 is amended by revising paragraph (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) * * *
(4) * * *
(ii) Washington, DC metropolitan area--Counties of Montgomery,
Prince George's and Charles in Maryland; Counties of Arlington, Prince
William, Fauquier, Loudon, and Fairfax, and Cities of Alexandria, Falls
Church, Fairfax, Manassas and Manassas Park in Virginia; and District
of Columbia;
* * * * *
Sec. 90.267 [Amended]
0
10. Section 90.267 is amended by removing paragraph (e)(3) and
redesignating paragraph (e)(4) as (e)(3).
0
11. Section 90.353 is amended by revising paragraph (f) to read as
follows:
Sec. 90.353 LMS operations in the 902-928 MHz band.
* * * * *
(f) Multilateration EA licensees may be authorized to operate on
both the 919.75-921.75 MHz and 921.75-927.75 MHz bands within a given
EA (see Sec. 90.209(b)(5)).
* * * * *
0
12. Section 90.357 is amended by revising paragraph (a) to read as
follows:
Sec. 90.357 Frequencies for LMS systems in the 902-928 MHz band.
(a) Multilateration LMS systems will be authorized on the following
LMS sub-bands:
------------------------------------------------------------------------
LMS sub-band Forward link \1\
------------------------------------------------------------------------
904.000-909.750 MHz......................... 927.750-928.000 MHz.
919.750-921.750 MHz.\2\ 927.500-927.750 MHz.
921.750-927.250 MHz......................... 927.250-927.500 MHz.
------------------------------------------------------------------------
\1\ Forward links for LMS systems may also be contained within the LMS
sub-band. However, the maximum allowable power in these sub-bands is
30 Watts ERP in accordance with Sec. 90.205(l).
\2\ The frequency band 919.750-921.750 MHz is shared co-equally between
multilateration and non-multilateration LMS systems.
* * * * *
0
13. Section 90.621 is amended by revising paragraph (a) to read as
follows:
Sec. 90.621 Selection and assignment of frequencies.
(a) Applicants for frequencies in the Public Safety and Business/
Industrial/Land Transportation Categories must specify on the
application the frequencies on which the proposed system will operate
pursuant to a recommendation by the applicable frequency coordinator.
Applicants for frequencies in the SMR Category must request specific
frequencies by including in their applications the frequencies
requested.
(1) For trunked systems, the assignment of frequencies will be made
in accordance with applicable loading criteria and in accordance with
the following:
(i) Channels will be chosen and assigned in accordance with
Sec. Sec. 90.615, 90.617, or 90.619.
(ii) A mobile station is authorized to transmit on any frequency
assigned to its associated base station.
[[Page 19285]]
(iii) There are no limitations on the number of frequencies that
may be trunked. Authorizations for non-SMR stations may be granted for
up to 20 trunked frequency pairs at a time in accordance with the
frequencies listed in Sec. Sec. 90.615, 90.617, and 90.619.
(2) For conventional systems the assignment of frequencies will be
made in accordance with applicable loading criteria. Accordingly,
depending upon the number of mobile units to be served, an applicant
may either be required to share a channel, or, if an applicant shows a
sufficient number of mobile units to warrant the assignment of one or
more channels for its exclusive use, it may be licensed to use such
channel or channels on an unshared basis in the area of operation
specified in its application.
(i) Channels will be chosen and assigned in accordance with
Sec. Sec. 90.615, 90.617, or 90.619.
(ii) A mobile station is authorized to transmit on any frequency
assigned to its associated base station.
* * * * *
PART 95--PERSONAL RADIO SERVICES
0
14. 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.
0
15. Section 95.1101 is revised 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. See Sec. 95.630 regarding
permissible frequencies.
0
16. Section 95.1103 is amended by revising paragraph (c) to read as
follows:
Sec. 95.1103 Definitions.
* * * * *
(c) Wireless medical telemetry. The measurement and recording of
physiological parameters and other patient-related information via
radiated bi-or unidirectional electromagnetic signals in the 608-614,
1395-1400 MHz and 1427-1432 MHz frequency bands.
0
17. Section 95.1111 is amended by revising paragraph (a) introductory
text and adding paragraph (c) to read as follows:
Sec. 95.1111 Frequency coordination.
(a) Prior to operation, authorized health care providers who desire
to use wireless medical telemetry devices must register all devices
with a designated frequency coordinator. Except as specified in Sec.
95.1105, operation of WMTS equipment prior to registration is not
authorized under this part. The registration must include the following
information:
* * * * *
(c) As of April 14, 2010, no registrations may be accepted for
frequencies where WMTS does not have primary status. Previously
registered secondary facilities may continue to operate as registered.
0
18. Section 95.1115 is amended by revising paragraphs (a)(2) and (d)(1)
as follows:
Sec. 95.1115 General technical requirements.
(a) * * *
(2) In the 1395-1400 MHz and 1427-1432 MHz bands, the maximum
allowable field strength is 740 mV/m, as measured at a distance of 3
meters, using measuring equipment with an averaging detector and a 1MHz
measurement bandwidth.
* * * * *
(d) * * *
(1) In the 1395-1400 MHz and 1427-1432 MHz bands, no specific
channels are specified. Wireless medical telemetry devices may operate
on any channel within the bands authorized for wireless medical
telemetry use in this part.
* * * * *
0
19. Section 95.1121 is revised to read as follows:
Sec. 95.1121 Specific requirements for wireless medical telemetry
devices operating in the 1395-1400 and 1427-1432 MHz bands.
Due to the critical nature of communications transmitted under this
part, the frequency coordinator in consultation with the National
Telecommunications and Information Administration shall determine
whether there are any Federal Government systems whose operations could
affect, or could be affected by, proposed wireless medical telemetry
operations in the 1395-1400 MHz and 1427-1432 MHz bands. The locations
of government systems in these bands are specified in footnotes US351
and US352 of Sec. 2.106 of this chapter.
[FR Doc. 2010-7648 Filed 4-13-10; 8:45 am]
BILLING CODE 6712-01-P