Private Land Mobile Radio Stations Below 800 MHz, 28749-28756 [2013-11581]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Rules and Regulations]
[Pages 28749-28756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11581]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WP Docket No. 07-100, FCC 13-52]


Private Land Mobile Radio Stations Below 800 MHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) amends its rules regarding private land mobile radio 
(PLMR) licensing, including increasing the power limit for end-of-train 
devices, modifying trunking rules for PLMR stations below 800 MHz, and 
permitting digital transmission of station identification by PLMR 
station with exclusive use of their spectrum, as addressed in the 
Second Further Notice of Proposed Rulemaking and Order in this 
proceeding. 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 June 17, 2013 except for amendments to Sec. Sec.  
90.187 and 90.425, which contain information collection requirements 
that are not effective until approved by the Office of Management and 
Budget (OMB). The Federal Communications Commission will publish a 
document in the Federal Register announcing the effective date.

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 Fifth 
Report and Order in WP Docket No. 07-100, FCC 13-52, adopted on April 
16, 2013, and released April 18, 2013. 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: 
www.fcc.gov. Alternative formats are available to persons with 
disabilities by sending an email to fcc504@fcc.gov or by calling the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    1. In the Second Report and Order, at 75 FR 19277, April 14, 2010, 
in this proceeding, the Commission adopted various changes to the rules 
regarding

[[Page 28750]]

PLMR licensing, including frequency coordination and eligibility 
issues. The accompanying Second Further Notice of Proposed Rule Making 
(Second FNPRM), at 75 FR 19340, April 14, 2010, proposed various 
changes to the PLMR licensing and service rules. Below, in this 
document, the Commission addresses these proposals, with the exception 
of those issues relating to Wireless Medical Telemetry Services (WMTS). 
The Commission believes that the benefits of the rule changes adopted 
herein outweigh any potential costs, and that these rule changes will 
afford licensees new options for enhancing the safety and reliability 
of their operations.
    2. End-of-Train Devices. End-of-Train (EOT) devices operate on 
frequency pair 452/457.9375 MHz and transmit information regarding the 
brake pipe pressure on the rear car to the lead locomotive for display 
to the locomotive engineer and allow the engineer to apply the rear 
train brakes in an emergency. As a practical matter, EOT devices must 
be mounted on the coupling knuckle behind the last car in the train, 
but the path from the end of the train to the front of the train is 
always blocked by intervening train cars, and also can be adversely 
affected by variable terrain factors.
    3. In the Second FNPRM, the Association of American Railroads, 
which is the Commission's certified frequency coordinator for frequency 
pair 452/457.9375 MHz and the adjacent frequencies, argued that the 
current two-watt power limit offers little margin for degradation of 
the communications link, especially on longer trains (some of which are 
7,000 to 8,000 feet long), and that the proposed increase in power was 
unlikely to cause interference to railroad operations. The Second FNPRM 
sought comment on the proposal.
    4. Commenters unanimously support increasing the maximum 
transmitter output power for EOT devices to eight watts. We agree and 
will modify Sec.  90.238(e) accordingly. Allowing these devices to 
operate with up to eight watts transmitter output power is justified to 
minimize the possibility of communications link failure in light of the 
changing needs of the rail industry. Operation of higher-power EOTs 
will benefit the public by increasing the safety of life and property 
for railroads and their employees, and for people in communities 
through which trains travel. It also will reduce the indirect delay 
costs incurred by railroads when trains must stop or slow down due to 
loss of a telemetry link. In addition, given that use of the frequency 
pair and the adjacent frequencies is coordinated by the railroad 
industry, and they generally are not used by non-railroad entities, it 
appears that there is little risk of interference due to the increase 
in power. Moreover, since the waiver was issued for operation of EOT 
devices at the higher power level, we have not received any 
interference complaints and are not aware of any interference concerns. 
Accordingly, the benefits of this rule change greatly exceed the costs.
    5. Trunking Rules. Section 90.187 of the Commission's rules 
specifies the manner in which trunking may be accomplished in the PLMR 
bands below 800 MHz. A trunked radio system employs technology that can 
search two or more available channels and automatically assign a user 
an open channel. In a centralized trunked system, the base station 
controller provides dynamic channel assignments by automatically 
searching all channels within the system and assigning an open channel 
to a user; in a decentralized trunked system, the system monitors the 
assigned channels for activity both within and outside the trunked 
system, and transmits only when an open channel is found.
    6. The Commission noted in the Second FNPRM that Sec.  90.187 had 
been the subject of several decisions clarifying or interpreting it 
since it was adopted, and, accordingly, the Commission proposed or 
sought comment in this proceeding on various amendments intended to 
simplify or clarify the trunking rules. Most of the proposals were not 
controversial, and we adopt those herein. In particular, we amend Sec.  
90.187 to clarify that it neither requires applicants for decentralized 
trunked systems to obtain consent from affected licensees nor permits 
decentralized trunked systems to operate without monitoring. We also 
remove unnecessary language from Sec. Sec.  90.187(b)(2)(v) (which, 
redundantly of Sec.  90.175(a), allows a potential applicant to ask the 
Commission to overturn a frequency coordinator's determination that 
proposed operations would cause objectionable interference) and Sec.  
90.187(d) (which provides a procedure to prevent ``strike'' 
applications, which already are prohibited by Sec.  1.935). We also 
take this opportunity to correct the 800 MHz band trunking rules to set 
forth the correct cross-reference in Sec.  90.631(d), to the table in 
Sec.  90.741. We also correct cross-references contained in Sec.  
90.210. We find that the public will benefit from these changes by 
eliminating potential confusion and simplifying the rules, thereby 
better effectuating the interference protection provided by the rules 
for incumbent stations. Moreover, we do not anticipate that these 
changes will impose new costs on parties.
    7. Section 90.187 provides that a trunked system must monitor the 
frequencies and employ equipment that prevents transmission on a 
frequency if a signal from another system is present on it, unless the 
licensee either operates on 470-512 MHz band frequencies on which it 
has obtained exclusive use by loading pursuant to Sec.  90.313 of the 
Commission's rules or the licensee obtains the written consent of all 
``affected licensees.'' Whether an incumbent is an ``affected 
licensee'' depends on the spectral proximity of the existing and 
proposed frequencies and the physical proximity of the existing and 
proposed facilities.
    8. Under the existing rule, a geographically proximate incumbent 
(under the criteria discussed infra, paragraph 10) is an ``affected 
licensee'' if its assigned frequency is 15 kilohertz or less from the 
assigned frequency of a proposed 25 kilohertz bandwidth station, 7.5 
kilohertz or less from the assigned frequency of a proposed 12.5 
kilohertz bandwidth station, or 3.75 kilohertz or less from the 
assigned frequency of a proposed 6.25 kilohertz bandwidth station. The 
Second FNPRM sought comment on a proposal by the Land Mobile 
Communications Council (LMCC) to broaden the definition of ``affected 
licensee'' to include more incumbent stations (depending on the 
authorized bandwidth of the incumbent station) in certain cases 
involving proposed narrowband stations. Some commenters argued that 
LMCC's proposed protection parameters provided excessive protection to 
incumbent wideband systems and, as a result, were too restrictive to 
allow potential adjacent channel narrowband systems and would stifle 
migration to narrowband systems. LMCC subsequently modified its 
proposal to decrease the proposed protection for incumbent wideband 
systems and increase the protection for very narrowband (6.25 kHz) 
systems. We find that the protection criteria submitted by LMCC in its 
supplemental comments adequately address concerns raised by other 
commenters in the record and provide an appropriate balance between 
protecting incumbent wideband stations and allowing the establishment 
of new narrowband systems.
    9. LMCC's modified proposal also, for the first time, 
differentiated between analog and digital 25 kilohertz bandwidth 
incumbents. We note that neither LMCC nor any other commenter submitted 
justification for treating analog and digital stations differently.

[[Page 28751]]

As a result, we are not persuaded that the protection criteria should 
differ depending on the incumbent's emission type. Instead, we find 
LMCC's revised proposed criteria for digital stations to be appropriate 
for all incumbent 25 kilohertz bandwidth stations. We therefore amend 
the spectral separation criteria as set forth in the table in new Sec.  
90.187(d)(1)(A).
    10. With respect to physical proximity, the current rule allows the 
applicant to choose between two methods of determining whether 
spectrally proximate incumbents are ``affected licensees'': stations 
with service contours that are overlapped by a circle with a seventy-
mile radius from the proposed base station (distance analysis), or 
stations with service contours that are overlapped by the proposed 
station's interference contour (contour analysis). Given its 
understanding that almost all applications for new centralized trunked 
systems rely on contour analysis, the Commission proposed to streamline 
the rule by eliminating the distance analysis option. No commenter 
opposed this proposal, and we amend Sec.  90.187 accordingly for the 
reasons set forth in the Second FNPRM.
    11. Currently, the contour analysis must be performed only to 
demonstrate that a proposed system's interference contour does not 
overlap any spectrally proximate incumbent system's service contour. 
The Second FNPRM sought comment on whether the contour analysis should 
also be conducted in reverse, i.e., whether an applicant for a new 
centralized trunked system should be required to demonstrate that its 
proposed service contour would not be overlapped by the interference 
contour of any incumbent system. Such a requirement would prevent the 
licensing of stations that appear to be of limited use but which would 
preclude the expansion of the service contour of the existing system. 
We agree with the commenters in support of the proposal that the public 
interest is not served by authorizing stations that may be of limited 
use but will affect future use of the spectrum by viable incumbent 
stations. Another commenter, RadioSoft, argues that proposed stations 
that will incur ``limited'' interference should be authorized on a 
secondary basis, but proposes no criteria for an acceptable 
interference level. We agree with LMCC that, rather than defining any 
limited circumstances under which we will authorize new stations with 
service contours overlapped by incumbents' interference contours, we 
should permit applicants with legitimate reasons for seeking 
authorization for service contours overlapped by incumbents' 
interference contours to seek case-by-case waivers. We disagree with 
the State of Wisconsin Department of Transportation's assertion that 
requiring a two-way contour analysis will unnecessarily ``double the 
difficulty and workload to study these situations.'' We find that the 
benefits of this rule change in protecting the expansion needs of 
viable stations outweigh the limited additional burden on frequency 
coordinators of performing a two-way analysis to ensure that a station 
of limited use is not authorized that will potentially restrict 
expansion possibilities of existing stations. We amend Sec.  90.187(d) 
accordingly.
    12. Finally, the Commission sought comment in the Second FNPRM on 
how systems that have no permanent base stations should be treated for 
purposes of the trunking rules. It sought comment on different possible 
ways to treat such stations for purposes of the contour analysis, and 
on whether ``affected licensee'' status should be accorded to mobile-
only stations for which the license does not specify geographic 
coordinates (e.g., licenses authorizing operation within a particular 
county or state), or only to mobile-only stations with an authorized 
operating area defined as a radius around geographic coordinates. 
Commenters unanimously agree that mobile-only stations should be 
protected with respect to proposed centralized trunked systems whether 
their authorized operating area is defined by a point-radius or a 
particular jurisdiction such as a county or state. We conclude that a 
method suggested by LMCC's supplemental comments balances the 
appropriate protection level with ease of administration better than 
previous proposals set forth in the Second FNPRM: for purposes of 
determining whether an incumbent licensee's written consent is 
required, a mobile-only system's authorized operating area will be used 
as both the station's service contour and its interference contour, 
regardless of whether that licensee has defined its operating area as a 
point-radius or by jurisdictional boundaries. As the Commission noted 
in the Second FNPRM, other possible methods for analyzing a mobile-only 
system by placing a mobile unit at the center or edge of the authorized 
operating area could understate or overstate the system's potential to 
cause or receive interference. We believe that using the service area 
boundary for both the protected contour and the interference contour 
will allow establishment of new facilities while still providing an 
appropriate level of protection to the mobile operations. We amend 
Sec.  90.187 accordingly.
    13. 470-512 MHz band offset channels. In 1997, the Commission 
directed the certified frequency coordinators for the PLMR services to 
reach a consensus on the applicable coordination procedures for the 
12.5 kHz offset channels in the 470-512 MHz band. That consensus is 
embodied in the LMCC procedures for evaluating adjacent channel 
interference in the 470-512 MHz band using the interference criteria of 
TIA/EIA/TSB-88 (TSB-88). The LMCC Consensus provides that an 
application shall not be certified if an incumbent or the applicant has 
unacceptable interference of more than five percent reduction of the 
calculated service area reliability.
    14. In the Second FNPRM, the Commission sought comment on LMCC's 
suggestion that the TSB-88 requirement be codified in our rules in 
order to reduce confusion concerning the requirement. The Commission 
also asked commenters to consider whether it would be preferable to 
leave the requirement uncodified, so that the frequency coordinators 
can continue to modify the TSB-88 procedures without an amendment of 
the Commission's rules. It noted that if the TSB-88 requirement were 
codified in our rules, it could unnecessarily reduce the flexibility 
that the frequency coordinators currently have to tailor the TSB-88 
analysis to specific situations because any changes to the procedure 
would have to be codified before they could take effect. We agree with 
LMCC, the only commenter to address this issue, that on balance it 
would be preferable not to codify the TSB-88 requirement in order to 
allow the frequency coordinators flexibility to modify the procedures 
as necessary. We therefore will not modify the Commission's rules to 
codify the TSB-88 requirement.
    15. Station Identification. Generally, part 90 station 
identification must be transmitted by voice in the English language or 
by Morse Code. However, the following types of stations may, if they 
are licensed on an exclusive basis, transmit station identification 
information in digital format if the licensee will provide the 
Commission with information sufficient to decode the digital 
transmission to ascertain the call sign transmitted: 800 and 900 MHz 
band stations that normally employ digital emissions and Commercial 
Mobile Radio Service (CMRS) stations in any band. The Second FNPRM, 
sought comment on Motorola's request that the rules be amended to 
afford the

[[Page 28752]]

same flexibility to VHF and UHF PLMR licensees that are licensed on an 
exclusive basis. Some commenters opposed the request, or asked that 
digital transmission of PLMR station identification information be 
readable without specialized equipment. They note that instances of 
interference are frequently mitigated between licensees without 
Commission involvement when the licensees can identify and contact each 
other directly. However, the proposed station identification changes 
would apply only where licensees have exclusive use of the spectrum, 
and permitting other exclusive-use licensees this flexibility has not 
resulted in increased interference complaints to the Commission.
    16. We therefore amend Sec.  90.425 to allow PLMR licensees in the 
bands between 150 and 512 MHz that are licensed on an exclusive basis 
to transmit station identification information in digital format, on 
the condition that the licensee will provide the Commission with 
information sufficient to decode the digital transmission to ascertain 
the call sign transmitted. Because this simply gives licensees an 
option regarding the method of transmission of required call sign 
information, but does not impose a new burden, licensees will not incur 
new costs--specifically the cost associated with providing the 
Commission sufficient information to decode the transmission--unless 
they choose the digital transmission option. Moreover, as indicated 
above, by limiting this option to exclusive-use licensees, we do not 
anticipate that this will cause any significant increase in 
interference complaints or result in any significant impairment of the 
ability of licensees to work with each other in resolving interference 
problems. Therefore, we find that the benefits of granting flexibility 
with respect to call sign transmission outweigh any associated costs.
    17. The Second FNPRM also sought comment on Motorola's request to 
allow PLMR licensees to use a single call sign for commonly owned 
facilities that are operated as part of a single system, similar to 
flexibility already available to CMRS licensees. The only other 
commenter to address the proposal supports it. We conclude that multi-
station PLMR licensees should be afforded the same call sign 
flexibility that is enjoyed by CMRS licensees. We amend Sec.  90.425 
accordingly.
    18. Finally, as Motorola notes, certain 800 and 900 MHz trunked 
systems are required to transmit station identification only on the 
lowest frequency in the base station trunk group assigned to the 
licensee, while VHF and UHF PLMR trunked systems must transmit station 
identification on every assigned frequency. Motorola requests that the 
rules be amended to afford similar flexibility for trunked VHF and UHF 
PLMR trunked systems with exclusive frequencies. Unlike the 800 and 900 
MHz bands, however, VHF and UHF PLMR frequencies are assigned 
individually rather than by predefined group. Consequently, a party 
seeking to determine a monitored station's call sign does not 
automatically know the station's lowest assigned frequency. For this 
reason, we decline to adopt Motorola's suggestion.
    19. Multiple Licensing. As explained in the Notice of Proposed 
Rulemaking (NPRM), at 72 FR 32582, June 13, 2007, 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.
    20. 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.

I. Procedural Matters

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

    21. 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

    22. This document contains modified information collection 
requirements 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

    23. 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 Second FNPRM in this proceeding was incorporated in the Second 
FNPRM. Written public comments were requested on the IRFA. This present 
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

Need for, and Objectives of, the Proposed Rules

    24. This proceeding is part of our continuing effort to provide 
clear rules that are easy for licensees to comprehend. The Fifth Report 
and Order makes changes to certain regulatory requirements contained in 
part 90 of the Commission's rules pertaining to telemetry operations by 
railroad licensees, and trunking of private land mobile radio 
operations below 512 MHz to allow for more flexibility in the efficient 
use of radio spectrum.

Summary of Significant Issues Raised by Public Comment in Response to 
the IRFA

    25. No comments were submitted specifically in response to the 
IRFA. As discusses in Section E of this FRFA, 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

    26. 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

[[Page 28753]]

``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. 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). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' Below, we further describe and estimate the 
number of small entity licensees and regulatees that may be affected by 
the rules changes adopted in this Fifth Report and Order.
    27. 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. Companies 
of all sizes operating in all U.S. business categories use these 
radios. 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, however, contain a definition for Wireless 
Telecommunications Carriers (except Satellite) which encompasses 
business entities engaged in radiotelephone communications employing no 
more that 1,500 persons. See 13 CFR 121.201, NAICS code 517210. 
According to the Commission's records, a total of approximately 470,316 
licenses comprise PLMR users. Despite the lack of specific information, 
however, the Commission believes that a substantial number of PLMR 
licensees may be small entities.
    28. Frequency Coordinators. Neither the Commission nor the SBA has 
developed a small business size standard specifically applicable to 
spectrum frequency coordinators. The Commission has not developed a 
small business size standard specifically applicable to frequency 
coordinators. The SBA rules, however, contain a definition for Wireless 
Telecommunications Carriers (except Satellite) which encompasses 
business entities engaged in radiotelephone communications employing no 
more than 1,500 persons. See 13 CFR 121.201, NAICS code 517210. Under 
this category and size standard, we estimate that a majority of 
frequency coordinators can be considered small.
    29. 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.'' 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. See 13 CFR 121.201, NAICS code 334220. 
According to Census bureau data for 2007, there were a total of 919 
firms in this category that operated for the entire year. Of this 
total, 771 had fewer than 100 employees and 148 had more than 100 
employees. See U.S. Census Bureau, American FactFinder, 2002 Economic 
Census, Industry Series, Industry Statistics by Employment Size, NAICS 
code 334220 (released May 26, 2005). Thus, under this size standard, 
the majority of firms can be considered small.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    30. The rule changes adopted in the Fifth Report and Order allow 
PLMR licensees in the bands between 150 and 512 MHz that are licensed 
on an exclusive basis to transmit station identification information in 
digital format, on the condition that the licensee will provide the 
Commission with information sufficient to decode the digital 
transmission to ascertain the call sign transmitted. This requirement 
already applies to other licensees that are permitted to transmit 
station identification information in digital format. Because this 
simply gives stations an option regarding the method of transmission of 
required call sign information, but does not impose a new burden, 
stations will not incur new costs--specifically the cost associated 
with providing the Commission sufficient information to decode the 
transmission--unless they choose the digital transmission option.

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

    31. The RFA requires an agency to describe the steps it has taken 
to minimize the significant economic impact on small entities 
consistent with the stated objectives of applicable statutes, including 
a statement of the factual, policy, and legal reasons for selecting the 
alternative adopted in the final rule and why each one of the other 
significant alternatives to the rule considered by the agency which 
affect the impact on small entities was rejected. See 5 U.S.C. 603(c).
    32. We believe the changes adopted in the Fifth Report and Order 
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 Fifth 
Report and Order, we will allow an increase in the telemetry power 
operations for railroad licensees to allow increased flexibility and 
safety for operations of longer trains in difficult terrain. 
Additionally, the Fifth Report and Order decides to allow for the 
transmission of station identification information, in certain 
situations, in a digital format. The Fifth Report and Order also 
provides for a more streamlined, concise and understandable regulations 
concerning proposals for new trunking stations.

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

    33. None.
    Report to Congress: The Commission will send a copy of the Fifth 
Report and Order, including this FRFA, in a report to Congress pursuant 
to the Congressional Review Act. In addition, the Commission will send 
a copy of the Fifth Report and Order, including this FRFA, to the Chief 
Counsel for Advocacy of the SBA. A copy of the Fifth Report and Order 
and the FRFA (or summaries thereof) will also be published in the 
Federal Register.

III. Ordering Clauses

    34. Pursuant to sections 4(i), 302, 303(b), 303(f), 303(g), 303(o), 
303(p), 303(r), and 405 of the Communications Act of 1934, 47 U.S.C. 
154(i), 302a, 303(b), 303(f), 303(g), 303(o), 303(p), 303(r), and 405, 
that this Fifth Report and Order is hereby adopted.
    35. Part 90 of the Commission's rules is amended as specified in 
below, effective thirty days after publication of the Fifth Report and 
Order in the Federal Register.
    36. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Fifth Report 
and Order, including the Final Regulatory Flexibility Analyses, to the 
Chief Counsel for Advocacy of the Small Business Administration.

[[Page 28754]]

List of Subjects in 47 CFR Part 90

     Communications equipment, radio, reporting and recordkeeping 
requirements.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.
    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 90 as follows:

PART 90-PRIVATE LAND MOBILE RADIO SERVICES

0
1. The authority citation for part 90 continues to read as follows:

    Authority:  Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), and 332(c)(7) and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.


0
2. Section 90.7 is amended by adding definitions for ``centralized 
trunked system'' and ``decentralized trunked system'' in alphabetical 
order and by revising the definition of ``trunked radio system'' to 
read as follows:


Sec.  90.7  Definitions.

* * * * *
    Centralized trunked system. A system in which there is dynamic 
assignment of communications paths by automatically searching all 
communications paths in the system and assigning to a user an open 
communications path within that system. Individual communications paths 
within a trunked system may be classified as centralized or 
decentralized in accordance with the requirements of Sec.  90.187.
* * * * *
    Decentralized trunked system. A system which monitors the 
communications paths within its assigned channels for activity within 
and outside of the trunked system and transmits only when an available 
communications path is found. Individual communications paths within a 
trunked system may be classified as centralized or decentralized in 
accordance with the requirements of Sec.  90.187.
* * * * *
    Trunked radio system. A radio system employing technology that 
provides the ability to search two or more available communications 
paths and automatically assigns an open communications path to a user.
* * * * *

0
3. Section 90.187 is revised to read as follows:


Sec.  90.187  Trunking in the bands between 150 and 512 MHz.

    (a) Applicants for centralized and decentralized trunked systems 
operating on frequencies between 150 and 512 MHz (except 220-222 MHz) 
must indicate on their applications (radio service and class of station 
code, instructions for FCC Form 601) that their system will be trunked. 
Licensees of stations that are not trunked may trunk their systems only 
after modifying their license (see Sec.  1.927 of this chapter).
    (b) Except as provided in paragraphs (c) and (d) of this section, 
trunked systems operating under this section must employ equipment that 
prevents transmission on a trunked frequency if a signal from another 
system is present on that frequency. The level of monitoring must be 
sufficient to avoid harmful interference to other systems.
    (c) The monitoring requirement in paragraph (b) of this section 
does not apply to trunked systems operating in the 470-512 MHz band 
that meet the loading requirements of Sec.  90.313 and have exclusive 
use of their frequencies in their service area.
    (d) The monitoring requirement in paragraph (b) of this section 
does not apply if the application is accompanied by written consent 
from all affected licensees.
    (1) Affected licensees for the purposes of this section are 
licensees (and previously filed pending applicants) meeting both a 
spectral and a contour overlap as defined:
    (i) Spectral overlap. Licensees (and filers of previously filed 
pending applications) with an assigned (or proposed) frequency having a 
spectral separation from a frequency of the proposed centralized 
trunked station that does not exceed these values:

----------------------------------------------------------------------------------------------------------------
                                                             Incumbent authorized bandwidth
           Proposed station            -------------------------------------------------------------------------
                                                 25 kHz                  12.5 kHz                6.25 kHz
----------------------------------------------------------------------------------------------------------------
25 kHz................................  15.0 kHz                 15.0 kHz                 15.0 kHz
12.5 kHz..............................  15.0 kHz                 7.5 kHz                  7.5 kHz
6.25 kHz..............................  15.0 kHz                 7.5 kHz                  5.0 kHz
----------------------------------------------------------------------------------------------------------------
The left column is the authorized bandwidth requested for the proposed trunked station. The second row is the
  authorized bandwidth of the incumbent. The other cells in the table show the frequency range above and below
  the frequency of the proposed centralized trunked station that must be considered.

    (ii) Contour overlap. (A) Licensees (and filers of previously filed 
pending applications) with a service contour (37 dBu for stations in 
the 150-174 MHz band, and 39 dBu for stations in the 421-512 MHz band) 
that is overlapped by the proposed centralized trunked station's 
interference contour (19 dBu for stations in the 150-174 MHz band, and 
21 dBu for stations in the 421-512 MHz band). Contour calculations are 
required for base station facilities and not for mobile stations 
associated with those base stations.
    (B) The calculation of service and interference contours shall be 
performed using generally accepted engineering practices and standards, 
including appropriate derating factors, agreed to by a consensus of all 
certified frequency coordinators. Frequency coordinators shall make 
this information available to the Commission upon request.
    (C) For purposes of this section, the authorized operating area of 
a station or proposed station with no associated base station shall be 
used as both the station's service contour and its interference 
contour.
    (D) After January 1, 2013, licensees with an authorized bandwidth 
exceeding 12.5 kHz will not be deemed affected licensees, unless the 
licensee meets the efficiency standard set forth in Sec.  90.203(j)(3) 
or the licensee was granted a waiver of Sec.  90.209(b).
    (2) The written consent from an affected licensee shall state all 
terms agreed to by the parties and shall be signed by the parties. The 
written consent shall be maintained by the operator of the centralized 
trunked station and be made available to the Commission upon request. 
An application for a centralized trunked station shall include either a 
certification from the applicant that written consent has been obtained 
from all affected licensees, or a certification from the frequency 
coordinator that there are no affected licensees.
    (3) In addition, the service contour for proposed centralized 
trunked stations shall not be overlapped by an

[[Page 28755]]

incumbent licensee's interference contour.
    (e) The exclusive service area of a station that has been 
authorized for centralized trunked operation will be protected from 
proposed centralized trunked, decentralized trunked or conventional 
operations in accordance with the standards of paragraph (d) of this 
section.
    (f) Trunking of systems licensed on paging-only channels or 
licensed in the Radiolocation Service (subpart F) is not permitted.
    (g) Channel limits. (1) No more than 10 channels for new 
centralized trunked operation in the Industrial/Business Pool may be 
applied for at a single transmitter location or at locations with 
overlapping service contours as specified in paragraph (d) of this 
section. Subsequent applications for centralized trunked operation are 
limited to no more than an additional 10 channels, and must be 
accompanied by a certification, submitted to the certified frequency 
coordinator coordinating the application, that all of the applicant's 
existing channels authorized for centralized trunked operation at that 
location or at locations with overlapping service contours have been 
constructed and placed in operation. Certified frequency coordinators 
are authorized to require documentation in support of the applicant's 
certification that existing channels have been constructed and placed 
in operation.
    (2) Applicants for Public Safety Pool channels may request more 
than 10 centralized trunked channels at a single location or at 
locations with overlapping service contours if accompanied by a showing 
of sufficient need. The requirement for such a showing may be satisfied 
by submission of loading studies demonstrating that requested channels 
in excess of 10 will be loaded with 50 mobiles per channel within a 
five year period commencing with the grant of the application.
    (h) If a licensee authorized for centralized trunked operation 
discontinues trunked operation for a period of 30 consecutive days, the 
licensee, within 7 days thereafter, shall file a conforming application 
for modification of license with the Commission.

0
4. Section 90.210 is amended by revising the introductory text, the 
table, and paragraphs (d)(4) and (e)(4) to read as follows:


Sec.  90.210  Emission masks.

    Except as indicated elsewhere in this part, transmitters used in 
the radio services governed by this part must comply with the emission 
masks outlined in this section. Unless otherwise stated, per paragraphs 
(d)(4), (e)(4), and (o) of this section, measurements of emission power 
can be expressed in either peak or average values provided that 
emission powers are expressed with the same parameters used to specify 
the unmodulated transmitter carrier power. For transmitters that do not 
produce a full power unmodulated carrier, reference to the unmodulated 
transmitter carrier power refers to the total power contained in the 
channel bandwidth. Unless indicated elsewhere in this part, the table 
in this section specifies the emission masks for equipment operating 
under this part.

                                            Applicable Emission Masks
----------------------------------------------------------------------------------------------------------------
                                         Mask for equipment  with audio low   Mask for equipment  without audio
         Frequency band (MHz)                       pass filter                        low  pass filter
----------------------------------------------------------------------------------------------------------------
Below 25 \1\..........................  A or B.............................  A or C
25-50.................................  B..................................  C
72-76.................................  B..................................  C
150-174 \2\...........................  B, D, or E.........................  C, D or E
150 paging only.......................  B..................................  C
220-222...............................  F..................................  F
421-512 2 5...........................  B, D, or E.........................  C, D, or E
450 paging only.......................  B..................................  G
806-809/851-854.......................  B..................................  H
809-824/854-869 3 5...................  B..................................  G
896-901/935-940.......................  I..................................  J
902-928...............................  K..................................  K
929-930...............................  B..................................  G
4940-4990 MHz.........................  L or M.............................  L or M
5850-5925 \4\.........................
All other bands.......................  B..................................  C
----------------------------------------------------------------------------------------------------------------
\1\ Equipment using single sideband J3E emission must meet the requirements of Emission Mask A. Equipment using
  other emissions must meet the requirements of Emission Mask B or C, as applicable.
\2\ Equipment designed to operate with a 25 kHz channel bandwidth must meet the requirements of Emission Mask B
  or C, as applicable. Equipment designed to operate with a 12.5 kHz channel bandwidth must meet the
  requirements of Emission Mask D, and equipment designed to operate with a 6.25 kHz channel bandwidth must meet
  the requirements of Emission Mask E.
\3\ Equipment used in this licensed to EA or non-EA systems shall comply with the emission mask provisions of
  Sec.   90.691 of this chapter.
\4\ DSRCS Roadside Units equipment in the 5850-5925 MHz band is governed under subpart M of this part.
\5\ Equipment may alternatively meet the Adjacent Channel Power limits of Sec.   90.221.

* * * * *
    (d) * * *
    (4) The reference level for showing compliance with the emission 
mask shall be established using a resolution bandwidth sufficiently 
wide (usually two or three times the channel bandwidth) to capture the 
true peak emission of the equipment under test. In order to show 
compliance with the emission mask up to and including 50 kHz removed 
from the edge of the authorized bandwidth, adjust the resolution 
bandwidth to 100 Hz with the measuring instrument in a peak hold mode. 
A sufficient number of sweeps must be measured to insure that the 
emission profile is developed. If video filtering is used, its 
bandwidth must not be less than the instrument resolution bandwidth. 
For emissions beyond 50 kHz from the edge of the authorized bandwidth, 
see paragraph (o) of this section. If it can be shown that use of the 
above instrumentation settings do not accurately represent the true 
interference potential of the equipment

[[Page 28756]]

under test, an alternate procedure may be used provided prior 
Commission approval is obtained.
    (e) * * *
    (4) The reference level for showing compliance with the emission 
mask shall be established using a resolution bandwidth sufficiently 
wide (usually two or three times the channel bandwidth) to capture the 
true peak emission of the equipment under test. In order to show 
compliance with the emission mask up to and including 50 kHz removed 
from the edge of the authorized bandwidth, adjust the resolution 
bandwidth to 100 Hz with the measuring instrument in a peak hold mode. 
A sufficient number of sweeps must be measured to insure that the 
emission profile is developed. If video filtering is used, its 
bandwidth must not be less than the instrument resolution bandwidth. 
For emissions beyond 50 kHz from the edge of the authorized bandwidth, 
see paragraph (o) of this section. If it can be shown that use of the 
above instrumentation settings do not accurately represent the true 
interference potential of the equipment under test, an alternate 
procedure may be used provided prior Commission approval is obtained.
* * * * *
0
5. Section 90.238 is amended by revising paragraph (e) to read as 
follows:


Sec.  90.238  Telemetry operations.

* * * * *
    (e) In the 450-470 MHz band, telemetry operations will be 
authorized on a secondary basis with a transmitter output power not to 
exceed 2 watts on frequencies subject to Sec.  90.20(d)(27) or Sec.  
90.35(c)(30), except that telemetry operations used by Railroad 
licensees may be authorized on frequency pair 452/457.9375 MHz with a 
transmitter output power not to exceed 8 watts.
* * * * *
0
6. Section 90.425 is amended by revising paragraph (e)(3) and adding 
paragraph (f) to read as follows:


Sec.  90.425  Station identification.

* * * * *
    (e) * * *
    (3) CMRS stations granted exclusive channels may transmit their 
call signs digitally. A licensee that identifies its call sign in this 
manner must provide the Commission, upon request, information 
sufficient to decode the digital transmission and ascertain the call 
sign transmitted.
    (f) Special provisions for stations licensed under this part that 
are not classified as CMRS providers under part 20 of this chapter.
    (1) Stations subject to a station identification requirement will 
be permitted to use a single call sign for commonly owned facilities 
that are operated as part of a single system.
    (2) Stations licensed on an exclusive basis in the bands between 
150 and 512 MHz that normally employ digital signals for the 
transmission of data, text, control codes, or digitized voice may be 
identified by digital transmission of the call sign. A licensee that 
identifies its call sign in this manner must provide the Commission, 
upon request, information sufficient to decode the digital transmission 
and ascertain the call sign transmitted.
0
7. Section 90.631 is amended by revising paragraph (d) to read as 
follows:


Sec.  90.631  Trunked systems loading, construction and authorization 
requirements.

* * * * *
    (d) In rural areas, a licensee of a trunked system may request to 
increase its system capacity by five more channels than it has 
constructed without meeting the loading requirements specified in 
paragraphs (b) and (c) of this section. A rural area is defined for 
purposes of this section as being beyond a 100-mile radius of the 
following designated centers of the following urban areas: New York, 
NY; Los Angeles, CA; Chicago, IL; Philadelphia, PA; San Francisco, CA; 
Detroit, MI; Boston, MA; Houston, TX; Washington, DC; Dallas-Fort 
Worth, TX; Miami, FL; Cleveland, OH; St. Louis, MO; Atlanta, GA; 
Pittsburgh, PA; Baltimore, MD; Minneapolis-St. Paul, MN; Seattle, WA; 
San Diego, CA; and Tampa-St.Petersburg, FL. The coordinates for the 
centers of these areas are those referenced in Sec.  90.741, except 
that the coordinates (referenced to North American Datum 1983 (NAD83)) 
for Tampa-St. Petersburg are latitude 28[deg]00'1.1'' N, longitude 
82[deg]26'59.3'' W.
* * * * *
[FR Doc. 2013-11581 Filed 5-15-13; 8:45 am]
BILLING CODE 6712-01-P