Creation of Interstitial 12.5 Kilohertz Channels in the 800 MHz Band Between 809-817/854-862 MHz, 41416-41422 [2020-12007]
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
§ 180.910 Inert ingredients used pre- and
post-harvest; exemptions from the
requirement of a tolerance.
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*
*
*
*
Inert ingredients
Limits
*
*
Tetraethyl
orthosilicate
(CAS Reg.
No. 78–10–4).
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*
Not to exceed
2% by weight
of pesticide
formulations.
*
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Uses
*
Binder.
*
*
3. In § 180.930, amend the table by
adding alphabetically under ‘‘Inert
Ingredients’’ the term ‘‘Tetraethyl
orthosilicate (CAS Reg. No. 78–10–4)’’
to read as follows:
■
§ 180.930 Inert ingredients applied to
animals; exemptions from the requirement
of a tolerance.
*
*
*
*
*
Inert ingredients
Limits
*
*
Tetraethyl
orthosilicate
(CAS Reg.
No. 78–10–4).
*
*
Not to exceed
2% by weight
of pesticide
formulations.
*
*
*
Uses
*
Binder.
*
*
[FR Doc. 2020–13012 Filed 7–9–20; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WP Docket No. 15–32, RM–11572; FCC 20–
62; FRS 16797]
Creation of Interstitial 12.5 Kilohertz
Channels in the 800 MHz Band
Between 809–817/854–862 MHz
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission grants in part and denies in
part a petition for reconsideration
seeking modification and clarification of
certain technical rules adopted in a
2018 Report and Order for coordinating
interstitial channels in the 809–817/
854–862 MHz band (800 MHz MidBand). In particular, the document
allows some applicants for interstitial
applications to streamline their
applications, clarifies standards for
calculating interference contours that
define the distances that must be
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SUMMARY:
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maintained between interstitial and
incumbent stations and refines certain
technical elements of the interstitial
channel rules.
DATES: Effective August 10, 2020.
FOR FURTHER INFORMATION CONTACT:
Brian Marenco, Policy and Licensing
Division, Public Safety and Homeland
Security Bureau, (202) 418–0838.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order on
Reconsideration, FCC 20–62, adopted
on May 11, 2020 and released on May
12, 2020. The complete text of this
document is available for inspection
and copying during normal business
hours in the FCC Reference Information
Center, Portals II, 445 12th Street SW,
Room CY–A257, Washington, DC 20554.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to
FCC504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY). The complete text of the order
also is available on the Commission’s
website at https://www.fcc.gov.
Synopsis
1. On October 22, 2018 (83 FR 61072
(Nov. 27, 2018)), the Commission
released a Report and Order which
created 318 new ‘‘interstitial’’ channels
in the 800 MHz Mid-Band to alleviate
increased demand for spectrum capacity
from public safety and other Private
Land Mobile Radio (PLMR) users.
Following adoption of the Report and
Order, the Land Mobile
Communications Council (LMCC) filed
a petition for reconsideration on
December 27, 2018 seeking modification
and clarification of some of the
technical rules for coordinating
interstitial channel applications.
2. In its petition, LMCC asks the
Commission to clarify or reconsider four
aspects of the contour overlap analysis
required by the PLMR Report and Order.
First, LMCC asks the Commission to
clarify in its rules that applicants need
not perform contour overlap analysis if
the spacing between stations meets or
exceeds co-channel distance separation
criteria specified in the rules. Second,
LMCC asks the Commission to permit
interstitial applicants to use the
proposed station’s coverage contour
rather than its interference contour to
predict the area in which the station is
likely to cause interference. Although
the Commission rejected this proposal
in the Report and Order, LMCC asks the
Commission to revisit that
determination. Third, LMCC urges the
Commission to reconsider its decision
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in the Report and Order not to allow
interstitial applicants to calculate
contour values based on a matrix chart
that LMCC proposes to maintain and
update on its website. Finally, LMCC
asks the Commission to modify a
footnote in a short-spacing separation
table added to the Commission’s rules
by the Report and Order.
3. In its Order on Reconsideration, the
Commission modifies its rules to specify
that applications for interstitial
channels do not need to conduct a
contour analysis if the distances in the
Commission’s co-channel spacing rules
are met or exceeded. It also updates its
rules to include a revised matrix that
uses contour values based on
interference and not coverage to predict
interference. The Commission once
again rejects LMCC’s request to allow
applicants to use a matrix posted on the
LMCC website rather than one codified
in the Commission’s rules. Further, the
Commission clarifies that applicants for
interstitial channels should assume that
incumbent stations are operating at the
maximum permitted effective radiated
power associated with the station’s
licensed antenna height when
calculating the potential of the new
station to cause interference to the
incumbent. Finally, the Commission
corrects a few clerical errors and
omissions in its rules.
Procedural Matters
A. Final Regulatory Flexibility Analysis
4. The Regulatory Flexibility Act of
1980, as amended (RFA), requires that
an agency prepare a regulatory
flexibility analysis for notice and
comment rulemakings, unless the
agency certifies that ‘‘the rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities.’’ A Final
Regulatory Flexibility Certification on
the economic impact of the rule changes
adopted in the order is set forth in
Appendix A of the Order on
Reconsideration.
B. Paperwork Reduction Act of 1995
Analysis
5. The Order on Reconsideration
contains no new information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. The Commission’s
Consumer and Governmental Affairs
Bureau, Reference Information Center,
will send a copy of the Order on
Reconsideration to the Chief Counsel for
Advocacy of the Small Business
Administration.
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C. Congressional Review Act
6. The Commission has determined,
and the Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
concurs that this rule is non-major
under the Congressional Review Act, 5
U.S.C. 804(2). The Commission will
send a copy of this Order on
Reconsideration to Congress and the
Government Accountability Office
pursuant to 5 U.S.C. 801(a)(1)(A).
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Final Regulatory Flexibility
Certification
7. The Regulatory Flexibility Act of
1980, as amended (RFA), requires that a
regulatory flexibility analysis be
prepared for notice-and-comment
rulemaking proceedings, unless the
agency certifies that ‘‘the rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities.’’ The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concerns’’
under the Small Business Act. A ‘‘small
business concern’’ is one that: (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).
8. An Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
Notices of Proposed Rulemaking
(NPRMs) released in these proceedings.
The Commission sought written public
comment on the proposals in the
NPRMs, including comment on the
IRFAs. No comments were filed
addressing the IRFAs. A Final
Regulatory Flexibility Analysis (FRFA)
was incorporated in the PLMR Report
and Order released in October 2018,
which is subject to review in the Order
on Reconsideration.
9. In the Order on Reconsideration,
the Commission clarified that Mid-Band
applicants need not conduct contour
analyses if their spacing to co- or
adjacent- channel stations exceeds the
minimum co-channel spacing criteria in
the Commission’s rules. It also corrected
duplicate channel listings in the rules,
supplied channels that were
inadvertently omitted and deleted
channels that should not have been
included. In so doing the Commission
reduced burdens for potential
applicants who otherwise would have to
perform unneeded contour analyses and
could have been required to amend their
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applications had they relied on
inaccurate information in the rules.
10. The Commission determined that
the impact on the entities affected by
the rule change will be not significant.
The effect is to allow those entities,
including small entities, greater
understanding of the essentials of filing
an application for Mid-Band channels
and avoidance of unnecessary effort
associated with provision of contour
analyses. The reduction in paperwork,
application processing time, and
regulatory delays will be beneficial to
small businesses as well as to all
affected entities.
11. The Commission therefore
certifies that the requirements of the
Order on Reconsideration will not have
a significant economic impact on a
substantial number of small entities.
The Commission will send a copy of the
Order on Reconsideration including a
copy of this Final Regulatory Flexibility
Certification, in a report to Congress
pursuant to the Congressional Review
Act. In addition, the Order on
Reconsideration and this final
certification will be sent to the Chief
Counsel for Advocacy of the SBA and
will be published in the Federal
Register.
Ordering Clauses
12. Accordingly, it is ordered,
pursuant to the authority contained in
sections 4(i), 303(g), 303(r), and 405 of
the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303(g),
303(r), 405, § 1.429 of the Commission’s
rules, 47 CFR 1.429, and 553(b)(3)(B) of
the Administrative Procedure Act, 5
U.S.C. 553(b)(3)(B) that the Petition for
Reconsideration filed December 27,
2018, by the Land Mobile
Communications Council is granted to
the extent discussed herein and in all
other respects is denied.
13. It is further ordered, pursuant to
§ 1.103 of the Commission’s rules, 47
CFR 1.103, that the amendments to the
Commission’s rules as set forth hereof
are adopted, effective 30 days after date
of publication in the Federal Register.
14. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Order on Reconsideration,
including the Final Regulatory
Flexibility Certification, to the Chief
Counsel for Advocacy of the Small
Business Administration.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
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
1. The authority citation for part 90
continues to read as follows:
■
Authority: 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7), 1401–1473.
2. Amend § 90.617 by revising Table
1A in paragraph (a)(2), Table 1B in
paragraph (a)(3), Table 2A in paragraph
(b)(1), and Table 2B in paragraph (b)(2)
to read as follows:
■
§ 90.617 Frequencies in the 809.750–824/
854.750–869 MHz, and 896–901/935–940
MHz bands available for trunked,
conventional or cellular system use in nonborder areas.
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(a) * * *
(2) * * *
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[138 Channels]
Group No.
Channel Nos.
261 ...........
261a .........
262 ...........
262a .........
265 ...........
265a .........
266 ...........
266a .........
269 ...........
269a .........
270 ...........
270a .........
271 ...........
271a .........
279 ...........
279a .........
280 ...........
280a .........
309 ...........
309a .........
310 ...........
310a .........
321 ...........
321a .........
Single
Channels.
261–313–324–335–353
261a–313a–324a–335a–353a
262–314–325–336–354
262a–314a–325a–336a–354a
265–285–315–333–351
265a–285a–315a–333a–351a
266–286–316–334–352
266a–286a–316a–334a–352a
269–289–311–322–357
269a–289a–311a–322a–357a
270–290–312–323–355
270a–290a–312a–323a–355a
271–328–348–358–368
271a–328a–348a–358a–368a
279–299–317–339–359
279a–299a–317a–339a–359a
280–300–318–340–360
280a–300a–318a–340a–360a
309–319–329–349–369
309a–319a–329a–349a–369a
310–320–330–350–370
310a–320a–330a–350a
321–331–341–361–372
321a–331a–341a–361a
326, 327, 332, 337, 338, 342,
343, 344, 345, 356, 326a,
327a, 332a, 337a, 338a,
342a, 343a, 344a, 345a, 356a
(3) * * *
Fmt 4700
*
TABLE 1A—PUBLIC SAFETY POOL
806–813.5/851–858.5 MHZ BAND
CHANNELS
FOR
COUNTIES
IN
SOUTHEASTERN U.S.
List of Subjects in 47 CFR Part 90
Radio.
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
TABLE 2A—BUSINESS/INDUSTRIAL/ § 90.619 Operations within the U.S./Mexico
LAND TRANSPORTATION POOL 806– and U.S./Canada border areas.
(a) * * *
813.5/851–858.5 MHZ BAND FOR
(5) Channels in the Sharing Zone are
IN
SOUTHEASTERN
CHANNELS
available for licensing as indicated in
U.S.—Continued
Table A3 to this paragraph (a)(5).
TABLE 1B—PUBLIC SAFETY POOL
806–813.5/851–858.5 MHZ BAND
CHANNELS FOR ATLANTA, GA
[138 Channels]
Group No.
Channel Nos.
261 ...........
261a .........
262 ...........
262a .........
269 ...........
269a .........
270 ...........
270a .........
279 ...........
279a .........
280 ...........
280a .........
285 ...........
285a .........
286 ...........
286a .........
309 ...........
309a .........
310 ...........
310a .........
321 ...........
321a .........
328 ...........
328a .........
Single
Channels.
261–313–324–335–353
261a–313a–324a–335a–353a
262–314–325–336–354
262a–314a–325a–336a–354a
269–289–311–322–357
269a–289a–311a–322a–357a
270–290–312–323–355
270a–290a–312a–323a–355a
279–299–319–339–359
279a–299a–319a–339a–359a
280–300–320–340–360
280a–300a–320a–340a–360a
285–315–333–351–379
285a–315a–333a–351a–379a
286–316–334–352–380
286a–316a–334a–352a–380a
309–329–349–369–389
309a–329a–349a–369a–389a
310–330–350–370–390
310a–330a–350a–370a
321–331–341–361–381
321a–331a–341a–361a–381a
328–348–358–368–388
328a–348a–358a–368a–388a
317, 318, 326, 327, 332, 337,
338, 356, 371, 372
317a, 318a, 326a, 327a, 332a,
337a, 338a, 356a, 371a
[137 Channels]
TABLE A3—ELIGIBILITY REQUIREMENTS
FOR CHANNELS IN SHARING ZONE
Channel Nos.
263a, 264a, 267a, 268a,
273a, 274a, 275a,
277a, 278a, 281a,
283a, 284a, 287a,
291a, 292a, 293a,
295a, 296a, 297a,
301a, 302a, 303a,
305a, 306a, 307a,
346a, 347a, 362a,
364a, 365a, 366a,
379a, 380a, 381a,
383a, 384a, 385a,
387a, 388a, 389a,
391a, 392a, 393a,
399a, 400a, 401a,
403a, 404a, 405a,
407a, 408a, 409a
272a,
276a,
282a,
288a,
294a,
298a,
304a,
308a,
363a,
367a,
382a,
386a,
390a,
394a,
402a,
406a,
[137 Channels]
Single
Channels.
TABLE 2A—BUSINESS/INDUSTRIAL/
LAND TRANSPORTATION POOL 806–
813.5/851–858.5 MHZ BAND FOR
CHANNELS IN SOUTHEASTERN U.S.
[137 Channels]
Channel Nos.
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Single
Channels.
263, 264, 267, 268, 272,
274, 275, 276, 277, 278,
282, 283, 284, 287, 288,
292, 293, 294, 295, 296,
298, 301, 302, 303, 304,
306, 307, 308, 346, 347,
363, 364, 365, 366, 367,
380, 381, 382, 383, 384,
386, 387, 388, 389, 390,
392, 393, 394, 399, 400,
402, 403, 404, 405, 406,
408, 409, 410
273,
281,
291,
297,
305,
362,
379,
385,
391,
401,
407,
*
*
263, 264, 265, 266, 267, 268,
271, 272, 273, 274, 275, 276,
277, 278, 281, 282, 283, 284,
287, 288, 291, 292, 293, 294,
295, 296, 297, 298, 301, 302,
303, 304, 305, 306, 307, 308,
342, 343, 344, 345, 346, 347,
362, 363, 364, 365, 366, 367,
382, 383, 384, 385, 386, 387,
391, 392, 393, 394, 399, 400,
401, 402, 403, 404, 405, 406,
407, 409, 410
263a, 264a, 265a, 266a, 267a,
268a, 271a, 272a, 273a,
274a, 275a, 276a, 277a,
278a, 281a, 282a, 283a,
284a, 287a, 288a, 291a,
292a, 293a, 294a, 295a,
296a, 297a, 298a, 301a,
302a, 303a, 304a, 305a,
306a, 307a, 308a, 342a,
343a, 344a, 345a, 346a,
347a, 362a, 363a, 364a,
365a, 366a, 367a, 382a,
383a, 384a, 385a, 386a,
387a, 391a, 392a, 393a,
394a, 399a, 400a, 401a,
402a, 403a, 404a, 405a,
406a, 407a, 409a
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3. Amend § 90.619 by revising
paragraph (a)(5) introductory text and
paragraph (a)(5)(ii) to read as follows:
■
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Eligibility requirements
1–230 .......
Report and Order in Gen. Docket No. 87–112.
Public Safety Pool.
General Category.
Special Mobilized Radio for 800
MHz High Density Cellular.
231–315a
316–550 ...
551–830 ...
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(ii) Channels 231–315a are available
to applicants eligible in the Public
Safety Category which consists of
licensees eligible in the Public Safety
Pool of subpart B of this part. 800 MHz
high density cellular systems as defined
in § 90.7 are prohibited on these
channels.
(2) * * *
*
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TABLE 2B—BUSINESS/INDUSTRIAL/ ■ 4. Amend § 90.621 by revising
LAND TRANSPORTATION POOL 806– paragraphs (b) introductory text, (d)
813.5/851–858.5 MHZ BAND FOR introductory text, and (d)(1) through (3)
to read as follows.
CHANNELS IN ATLANTA, GA
Channel Nos.
(b) * * *
(1) * * *
Channels
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§ 90.621 Selection and assignment of
frequencies.
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(b) Stations authorized on frequencies
listed in this subpart, except for those
stations authorized pursuant to
paragraph (g) of this section and EAbased and MTA-based SMR systems,
will be assigned co-channel frequencies
solely on the basis of distance between
fixed stations. In addition, contour
overlap as detailed in paragraph (d) of
this section will be the basis for
geographic separation between fixed
stations operating on adjacent-channel
frequencies in the 809–817 MHz/854–
862 MHz sub-band, except where such
fixed stations meet the distance
separation criteria set out in this
paragraph (b).
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(d) Geographic separation between
fixed stations operating on adjacent
channels in the 809–817/854–862 MHz
Mid-Band segment must be based on
lack of contour overlap as detailed in
paragraphs (d)(1) through (4), unless the
co-channel distance separation criteria
in paragraph (b) of this section are met.
(1) Forward contour analysis. An
applicant seeking to license a fixed
station on a channel in the 809–817
MHz/854–862 MHz band segment will
only be granted if the applicant’s
proposed interference contour creates
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no overlap with the 40 dBu F(50,50)
contour of an incumbent operating a
fixed station on an upper- or loweradjacent channel. The applicant’s
interference contour is determined
using the dBu level listed in the
appropriate table in paragraph (d)(3) of
this section. For this analysis the
applicant shall plot the interference
contour of its proposed fixed station at
its proposed ERP but assume that any
adjacent-channel incumbent licensee is
operating at the maximum permitted
ERP for the licensed antenna height.
(2) Reciprocal contour analysis. In
addition to the contour analysis
described in paragraph (d)(1) of this
section, any applicant seeking to license
a fixed station on a channel in the 809–
817 MHz/854–862 MHz band segment
must also pass a reciprocal contour
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analysis. Under the reciprocal analysis,
the interference contour, F(50,10) of an
incumbent operating a fixed station on
an upper- or lower-adjacent channel
must create no contour overlap with the
proposed 40 dBu F(50,50) contour of the
applicant’s fixed station. The
incumbent’s interference contour is
determined using the dBu level listed in
the appropriate table in paragraph (d)(3)
of this section. For this analysis the
applicant shall plot the coverage
contour of its fixed station, F(50,50), at
its proposed ERP and antenna height
above average terrain but plot the
interference contour, F(50,10), of any
adjacent-channel incumbent licensee at
its maximum permitted ERP for the
licensed antenna height.
(3) Contour matrix. Interference
contour levels for the contour analysis
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41419
described in paragraphs (d)(1) and (2) of
this section are determined using Table
4 or Table 5 to this paragraph (d)(3).
Table 4 is used to determine the
interference contour F(50,10) level of a
fixed station operating on a 12.5
kilohertz bandwidth channel while
Table 5 is used to determine the
interference contour F(50,10) level of a
fixed station operating on a 25 kilohertz
bandwidth channel. The dBu level of
the interference contour is determined
by cross-referencing the modulation
type of the station operating on the 25
kilohertz bandwidth channel with the
modulation type of the station operating
on the 12.5 kilohertz bandwidth
channel.
BILLING CODE 6712–01–P
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41422
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SURFACE TRANSPORTATION BOARD
[FR Doc. 2020–12007 Filed 7–9–20; 8:45 am]
49 CFR Chapter X
BILLING CODE 6712–01–C
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[Docket No. EP 764]
Policy Statement on Factors
Considered in Assessing Civil
Monetary Penalties on Small Entities
Surface Transportation Board.
ACTION: Statement of Board policy.
AGENCY:
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The Surface Transportation
Board (STB or Board) is issuing this
policy statement to provide the public
with information on factors the Board
expects to consider in determining the
appropriate level of civil monetary
penalties on small entities in individual
cases.
SUMMARY:
This policy statement is effective
on July 22, 2020.
DATES:
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
]]>Agencies
[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Rules and Regulations]
[Pages 41416-41422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12007]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WP Docket No. 15-32, RM-11572; FCC 20-62; FRS 16797]
Creation of Interstitial 12.5 Kilohertz Channels in the 800 MHz
Band Between 809-817/854-862 MHz
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission grants in part and denies in
part a petition for reconsideration seeking modification and
clarification of certain technical rules adopted in a 2018 Report and
Order for coordinating interstitial channels in the 809-817/854-862 MHz
band (800 MHz Mid-Band). In particular, the document allows some
applicants for interstitial applications to streamline their
applications, clarifies standards for calculating interference contours
that define the distances that must be maintained between interstitial
and incumbent stations and refines certain technical elements of the
interstitial channel rules.
DATES: Effective August 10, 2020.
FOR FURTHER INFORMATION CONTACT: Brian Marenco, Policy and Licensing
Division, Public Safety and Homeland Security Bureau, (202) 418-0838.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
on Reconsideration, FCC 20-62, adopted on May 11, 2020 and released on
May 12, 2020. The complete text of this document is available for
inspection and copying during normal business hours in the FCC
Reference Information Center, Portals II, 445 12th Street SW, Room CY-
A257, Washington, DC 20554. To request materials in accessible formats
for people with disabilities (Braille, large print, electronic files,
audio format), send an email to [email protected] or call the Consumer &
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY). The complete text of the order also is available on the
Commission's website at https://www.fcc.gov.
Synopsis
1. On October 22, 2018 (83 FR 61072 (Nov. 27, 2018)), the
Commission released a Report and Order which created 318 new
``interstitial'' channels in the 800 MHz Mid-Band to alleviate
increased demand for spectrum capacity from public safety and other
Private Land Mobile Radio (PLMR) users. Following adoption of the
Report and Order, the Land Mobile Communications Council (LMCC) filed a
petition for reconsideration on December 27, 2018 seeking modification
and clarification of some of the technical rules for coordinating
interstitial channel applications.
2. In its petition, LMCC asks the Commission to clarify or
reconsider four aspects of the contour overlap analysis required by the
PLMR Report and Order. First, LMCC asks the Commission to clarify in
its rules that applicants need not perform contour overlap analysis if
the spacing between stations meets or exceeds co-channel distance
separation criteria specified in the rules. Second, LMCC asks the
Commission to permit interstitial applicants to use the proposed
station's coverage contour rather than its interference contour to
predict the area in which the station is likely to cause interference.
Although the Commission rejected this proposal in the Report and Order,
LMCC asks the Commission to revisit that determination. Third, LMCC
urges the Commission to reconsider its decision in the Report and Order
not to allow interstitial applicants to calculate contour values based
on a matrix chart that LMCC proposes to maintain and update on its
website. Finally, LMCC asks the Commission to modify a footnote in a
short-spacing separation table added to the Commission's rules by the
Report and Order.
3. In its Order on Reconsideration, the Commission modifies its
rules to specify that applications for interstitial channels do not
need to conduct a contour analysis if the distances in the Commission's
co-channel spacing rules are met or exceeded. It also updates its rules
to include a revised matrix that uses contour values based on
interference and not coverage to predict interference. The Commission
once again rejects LMCC's request to allow applicants to use a matrix
posted on the LMCC website rather than one codified in the Commission's
rules. Further, the Commission clarifies that applicants for
interstitial channels should assume that incumbent stations are
operating at the maximum permitted effective radiated power associated
with the station's licensed antenna height when calculating the
potential of the new station to cause interference to the incumbent.
Finally, the Commission corrects a few clerical errors and omissions in
its rules.
Procedural Matters
A. Final Regulatory Flexibility Analysis
4. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that an agency prepare a regulatory flexibility analysis for
notice and comment rulemakings, unless the agency certifies that ``the
rule will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' A Final Regulatory Flexibility
Certification on the economic impact of the rule changes adopted in the
order is set forth in Appendix A of the Order on Reconsideration.
B. Paperwork Reduction Act of 1995 Analysis
5. The Order on Reconsideration contains no new information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. The Commission's Consumer and Governmental
Affairs Bureau, Reference Information Center, will send a copy of the
Order on Reconsideration to the Chief Counsel for Advocacy of the Small
Business Administration.
[[Page 41417]]
C. Congressional Review Act
6. The Commission has determined, and the Administrator of the
Office of Information and Regulatory Affairs, Office of Management and
Budget, concurs that this rule is non-major under the Congressional
Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this
Order on Reconsideration to Congress and the Government Accountability
Office pursuant to 5 U.S.C. 801(a)(1)(A).
Final Regulatory Flexibility Certification
7. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that a regulatory flexibility analysis be prepared for notice-
and-comment rulemaking proceedings, unless the agency certifies that
``the rule will not, if promulgated, have a significant economic impact
on a substantial number of small entities.'' The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concerns'' under the Small
Business Act. A ``small business concern'' is one that: (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).
8. An Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notices of Proposed Rulemaking (NPRMs) released in
these proceedings. The Commission sought written public comment on the
proposals in the NPRMs, including comment on the IRFAs. No comments
were filed addressing the IRFAs. A Final Regulatory Flexibility
Analysis (FRFA) was incorporated in the PLMR Report and Order released
in October 2018, which is subject to review in the Order on
Reconsideration.
9. In the Order on Reconsideration, the Commission clarified that
Mid-Band applicants need not conduct contour analyses if their spacing
to co- or adjacent- channel stations exceeds the minimum co-channel
spacing criteria in the Commission's rules. It also corrected duplicate
channel listings in the rules, supplied channels that were
inadvertently omitted and deleted channels that should not have been
included. In so doing the Commission reduced burdens for potential
applicants who otherwise would have to perform unneeded contour
analyses and could have been required to amend their applications had
they relied on inaccurate information in the rules.
10. The Commission determined that the impact on the entities
affected by the rule change will be not significant. The effect is to
allow those entities, including small entities, greater understanding
of the essentials of filing an application for Mid-Band channels and
avoidance of unnecessary effort associated with provision of contour
analyses. The reduction in paperwork, application processing time, and
regulatory delays will be beneficial to small businesses as well as to
all affected entities.
11. The Commission therefore certifies that the requirements of the
Order on Reconsideration will not have a significant economic impact on
a substantial number of small entities. The Commission will send a copy
of the Order on Reconsideration including a copy of this Final
Regulatory Flexibility Certification, in a report to Congress pursuant
to the Congressional Review Act. In addition, the Order on
Reconsideration and this final certification will be sent to the Chief
Counsel for Advocacy of the SBA and will be published in the Federal
Register.
Ordering Clauses
12. Accordingly, it is ordered, pursuant to the authority contained
in sections 4(i), 303(g), 303(r), and 405 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 303(g), 303(r), 405, Sec. 1.429 of
the Commission's rules, 47 CFR 1.429, and 553(b)(3)(B) of the
Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B) that the Petition
for Reconsideration filed December 27, 2018, by the Land Mobile
Communications Council is granted to the extent discussed herein and in
all other respects is denied.
13. It is further ordered, pursuant to Sec. 1.103 of the
Commission's rules, 47 CFR 1.103, that the amendments to the
Commission's rules as set forth hereof are adopted, effective 30 days
after date of publication in the Federal Register.
14. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Order on Reconsideration, including the Final Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 90
Radio.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
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: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7),
1401-1473.
0
2. Amend Sec. 90.617 by revising Table 1A in paragraph (a)(2), Table
1B in paragraph (a)(3), Table 2A in paragraph (b)(1), and Table 2B in
paragraph (b)(2) to read as follows:
Sec. 90.617 Frequencies in the 809.750-824/854.750-869 MHz, and 896-
901/935-940 MHz bands available for trunked, conventional or cellular
system use in non-border areas.
* * * * *
(a) * * *
(2) * * *
Table 1A--Public Safety Pool 806-813.5/851-858.5 MHz Band Channels for
Counties in Southeastern U.S.
[138 Channels]
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Group No. Channel Nos.
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261............................. 261-313-324-335-353
261a............................ 261a-313a-324a-335a-353a
262............................. 262-314-325-336-354
262a............................ 262a-314a-325a-336a-354a
265............................. 265-285-315-333-351
265a............................ 265a-285a-315a-333a-351a
266............................. 266-286-316-334-352
266a............................ 266a-286a-316a-334a-352a
269............................. 269-289-311-322-357
269a............................ 269a-289a-311a-322a-357a
270............................. 270-290-312-323-355
270a............................ 270a-290a-312a-323a-355a
271............................. 271-328-348-358-368
271a............................ 271a-328a-348a-358a-368a
279............................. 279-299-317-339-359
279a............................ 279a-299a-317a-339a-359a
280............................. 280-300-318-340-360
280a............................ 280a-300a-318a-340a-360a
309............................. 309-319-329-349-369
309a............................ 309a-319a-329a-349a-369a
310............................. 310-320-330-350-370
310a............................ 310a-320a-330a-350a
321............................. 321-331-341-361-372
321a............................ 321a-331a-341a-361a
Single Channels................. 326, 327, 332, 337, 338, 342, 343,
344, 345, 356, 326a, 327a, 332a,
337a, 338a, 342a, 343a, 344a, 345a,
356a
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(3) * * *
[[Page 41418]]
Table 1B--Public Safety Pool 806-813.5/851-858.5 MHz Band Channels for
Atlanta, GA
[138 Channels]
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Group No. Channel Nos.
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261............................. 261-313-324-335-353
261a............................ 261a-313a-324a-335a-353a
262............................. 262-314-325-336-354
262a............................ 262a-314a-325a-336a-354a
269............................. 269-289-311-322-357
269a............................ 269a-289a-311a-322a-357a
270............................. 270-290-312-323-355
270a............................ 270a-290a-312a-323a-355a
279............................. 279-299-319-339-359
279a............................ 279a-299a-319a-339a-359a
280............................. 280-300-320-340-360
280a............................ 280a-300a-320a-340a-360a
285............................. 285-315-333-351-379
285a............................ 285a-315a-333a-351a-379a
286............................. 286-316-334-352-380
286a............................ 286a-316a-334a-352a-380a
309............................. 309-329-349-369-389
309a............................ 309a-329a-349a-369a-389a
310............................. 310-330-350-370-390
310a............................ 310a-330a-350a-370a
321............................. 321-331-341-361-381
321a............................ 321a-331a-341a-361a-381a
328............................. 328-348-358-368-388
328a............................ 328a-348a-358a-368a-388a
Single Channels................. 317, 318, 326, 327, 332, 337, 338,
356, 371, 372
317a, 318a, 326a, 327a, 332a, 337a,
338a, 356a, 371a
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(b) * * *
(1) * * *
Table 2A--Business/Industrial/Land Transportation Pool 806-813.5/851-
858.5 MHz Band for Channels in Southeastern U.S.
[137 Channels]
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Channel Nos.
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Single Channels................. 263, 264, 267, 268, 272, 273, 274,
275, 276, 277, 278, 281, 282, 283,
284, 287, 288, 291, 292, 293, 294,
295, 296, 297, 298, 301, 302, 303,
304, 305, 306, 307, 308, 346, 347,
362, 363, 364, 365, 366, 367, 379,
380, 381, 382, 383, 384, 385, 386,
387, 388, 389, 390, 391, 392, 393,
394, 399, 400, 401, 402, 403, 404,
405, 406, 407, 408, 409, 410
263a, 264a, 267a, 268a, 272a, 273a,
274a, 275a, 276a, 277a, 278a, 281a,
282a, 283a, 284a, 287a, 288a, 291a,
292a, 293a, 294a, 295a, 296a, 297a,
298a, 301a, 302a, 303a, 304a, 305a,
306a, 307a, 308a, 346a, 347a, 362a,
363a, 364a, 365a, 366a, 367a, 379a,
380a, 381a, 382a, 383a, 384a, 385a,
386a, 387a, 388a, 389a, 390a, 391a,
392a, 393a, 394a, 399a, 400a, 401a,
402a, 403a, 404a, 405a, 406a, 407a,
408a, 409a
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(2) * * *
Table 2B--Business/Industrial/Land Transportation Pool 806-813.5/851-
858.5 MHz Band for Channels in Atlanta, GA
[137 Channels]
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Channel Nos.
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Single Channels................. 263, 264, 265, 266, 267, 268, 271,
272, 273, 274, 275, 276, 277, 278,
281, 282, 283, 284, 287, 288, 291,
292, 293, 294, 295, 296, 297, 298,
301, 302, 303, 304, 305, 306, 307,
308, 342, 343, 344, 345, 346, 347,
362, 363, 364, 365, 366, 367, 382,
383, 384, 385, 386, 387, 391, 392,
393, 394, 399, 400, 401, 402, 403,
404, 405, 406, 407, 409, 410
263a, 264a, 265a, 266a, 267a, 268a,
271a, 272a, 273a, 274a, 275a, 276a,
277a, 278a, 281a, 282a, 283a, 284a,
287a, 288a, 291a, 292a, 293a, 294a,
295a, 296a, 297a, 298a, 301a, 302a,
303a, 304a, 305a, 306a, 307a, 308a,
342a, 343a, 344a, 345a, 346a, 347a,
362a, 363a, 364a, 365a, 366a, 367a,
382a, 383a, 384a, 385a, 386a, 387a,
391a, 392a, 393a, 394a, 399a, 400a,
401a, 402a, 403a, 404a, 405a, 406a,
407a, 409a
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* * * * *
0
3. Amend Sec. 90.619 by revising paragraph (a)(5) introductory text
and paragraph (a)(5)(ii) to read as follows:
Sec. 90.619 Operations within the U.S./Mexico and U.S./Canada border
areas.
(a) * * *
(5) Channels in the Sharing Zone are available for licensing as
indicated in Table A3 to this paragraph (a)(5).
Table A3--Eligibility Requirements for Channels in Sharing Zone
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Channels Eligibility requirements
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1-230........................... Report and Order in Gen. Docket No. 87-
112.
231-315a........................ Public Safety Pool.
316-550......................... General Category.
551-830......................... Special Mobilized Radio for 800 MHz
High Density Cellular.
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* * * * *
(ii) Channels 231-315a are available to applicants eligible in the
Public Safety Category which consists of licensees eligible in the
Public Safety Pool of subpart B of this part. 800 MHz high density
cellular systems as defined in Sec. 90.7 are prohibited on these
channels.
* * * * *
0
4. Amend Sec. 90.621 by revising paragraphs (b) introductory text, (d)
introductory text, and (d)(1) through (3) to read as follows.
Sec. 90.621 Selection and assignment of frequencies.
* * * * *
(b) Stations authorized on frequencies listed in this subpart,
except for those stations authorized pursuant to paragraph (g) of this
section and EA-based and MTA-based SMR systems, will be assigned co-
channel frequencies solely on the basis of distance between fixed
stations. In addition, contour overlap as detailed in paragraph (d) of
this section will be the basis for geographic separation between fixed
stations operating on adjacent-channel frequencies in the 809-817 MHz/
854-862 MHz sub-band, except where such fixed stations meet the
distance separation criteria set out in this paragraph (b).
* * * * *
(d) Geographic separation between fixed stations operating on
adjacent channels in the 809-817/854-862 MHz Mid-Band segment must be
based on lack of contour overlap as detailed in paragraphs (d)(1)
through (4), unless the co-channel distance separation criteria in
paragraph (b) of this section are met.
(1) Forward contour analysis. An applicant seeking to license a
fixed station on a channel in the 809-817 MHz/854-862 MHz band segment
will only be granted if the applicant's proposed interference contour
creates
[[Page 41419]]
no overlap with the 40 dBu F(50,50) contour of an incumbent operating a
fixed station on an upper- or lower-adjacent channel. The applicant's
interference contour is determined using the dBu level listed in the
appropriate table in paragraph (d)(3) of this section. For this
analysis the applicant shall plot the interference contour of its
proposed fixed station at its proposed ERP but assume that any
adjacent-channel incumbent licensee is operating at the maximum
permitted ERP for the licensed antenna height.
(2) Reciprocal contour analysis. In addition to the contour
analysis described in paragraph (d)(1) of this section, any applicant
seeking to license a fixed station on a channel in the 809-817 MHz/854-
862 MHz band segment must also pass a reciprocal contour analysis.
Under the reciprocal analysis, the interference contour, F(50,10) of an
incumbent operating a fixed station on an upper- or lower-adjacent
channel must create no contour overlap with the proposed 40 dBu
F(50,50) contour of the applicant's fixed station. The incumbent's
interference contour is determined using the dBu level listed in the
appropriate table in paragraph (d)(3) of this section. For this
analysis the applicant shall plot the coverage contour of its fixed
station, F(50,50), at its proposed ERP and antenna height above average
terrain but plot the interference contour, F(50,10), of any adjacent-
channel incumbent licensee at its maximum permitted ERP for the
licensed antenna height.
(3) Contour matrix. Interference contour levels for the contour
analysis described in paragraphs (d)(1) and (2) of this section are
determined using Table 4 or Table 5 to this paragraph (d)(3). Table 4
is used to determine the interference contour F(50,10) level of a fixed
station operating on a 12.5 kilohertz bandwidth channel while Table 5
is used to determine the interference contour F(50,10) level of a fixed
station operating on a 25 kilohertz bandwidth channel. The dBu level of
the interference contour is determined by cross-referencing the
modulation type of the station operating on the 25 kilohertz bandwidth
channel with the modulation type of the station operating on the 12.5
kilohertz bandwidth channel.
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[FR Doc. 2020-12007 Filed 7-9-20; 8:45 am]
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