Review of the Commission's Rules Governing 896-901/935-940 MHz Band, 43124-43141 [2020-11897]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Rules and Regulations]
[Pages 43124-43141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11897]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 20, 27, and 90

[WT Docket No. 17-200; FCC 20-67; FRS 16788]


Review of the Commission's Rules Governing 896-901/935-940 MHz 
Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts rules for broadband 
license operations in the 897.5-900.5/936.5-939.5 MHz segment of the 
900 MHz band (896-901/935-940 MHz). The new rules are necessary because 
many 900 MHz licensees, including utilities and other industrial users, 
will require additional coverage and capacity to keep pace with the 
expanding need for enhanced connectivity. The intended effect of 
adopting rules for 900 MHz broadband license operations is to address 
many 900 MHz licensees' current and future needs because broadband can 
offer next generation services not typically associated with narrowband 
systems. In this document, the Commission also proposes to modify the 
900 MHz nationwide ribbon license held by the Association of American 
Railroads, which would clear a prominent nationwide incumbent from the 
new broadband segment and enable significant advancements to railroad 
safety. The Commission denies a petition for rulemaking requested by 
the Enterprise Wireless Association. Lastly, the Commission adopts a 
partial lifting of the 900 MHz application freeze.

DATES: 
    Effective date: August 17, 2020.
    Compliance date: Compliance will not be required for Sec. Sec.  
27.1503 and 27.1505 until the Commission publishes a document in the 
Federal Register announcing that compliance date.

ADDRESSES: 445 12th Street SW, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Jessica Quinley, Wireless 
Telecommunications Bureau, Mobility Division, 202-418-1991 or 
[email protected]. For information regarding the PRA

[[Page 43125]]

information collection requirements, contact Cathy Williams, Office of 
Managing Director, at 202-418-2918 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Report and Order, 
Order of Proposed Modification, and Orders in WT Docket No. 17-200, FCC 
20-67, adopted May 13, 2020, and released May 14, 2020, as modified by 
an Erratum released July 1, 2020. The full text of the Report and 
Order, Order of Proposed Modification, and Orders is available for 
public inspection at the following internet address: https://docs.fcc.gov/public/attachments/FCC-20-67A1.pdf. Alternative formats 
are available for people with disabilities (Braille, large print, 
electronic files, audio format), by sending an email to [email protected] 
or calling the Consumer and Governmental Affairs Bureau at 202-418-0530 
(voice) or 202-418-0432 (TTY).

Final Regulatory Flexibility Analysis

    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.'' Accordingly, the Commission has 
prepared a Final Regulatory Flexibility Analysis (FRFA) concerning the 
possible impact of the rule changes contained in this Report and Order 
on small entities. As required by the Regulatory Flexibility Act, an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the 
Notice of Proposed Rulemaking (NPRM) released in March 2019 in this 
proceeding (84 FR 12987, April 3, 2019; 84 FR 14641, April 11, 2019). 
The Commission sought written public comment on the proposals in the 
NPRM, including comments on the IRFA. No comments were filed addressing 
the IRFA. This FRFA conforms to the RFA. The Commission will send a 
copy of the Report and Order, Order of Proposed Modification, and 
Orders, including the FRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration.

Paperwork Reduction Act

    The requirements in Sec. Sec.  27.1503 and 27.1505 constitute new 
or modified collections subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. The Commission will submit a request for 
approval of the information collections to the Office of Management and 
Budget (OMB) under Section 3507(d) of the PRA. OMB, the general public, 
and other Federal agencies will be invited to comment on the new or 
modified information collection requirements contained in this 
proceeding. In addition, the Commission notes that, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), the Commission previously sought, but did not 
receive, specific comment on how the Commission might further reduce 
the information collection burden for small business concerns with 
fewer than 25 employees. The Commission describes impacts that might 
affect small businesses, which includes business with fewer than 25 
employees, in the FRFA.

Congressional Review Act

    The Commission will send a copy of the Report and Order, Order of 
Proposed Modification, and Orders to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

Synopsis

I. Introduction

    1. In the Report and Order, the Commission realigns the 900 MHz 
band to make available six of the band's ten megahertz for the 
deployment of broadband services and technologies on a county-by-county 
basis, while reserving the band's remaining four megahertz for 
continued narrowband operations. Band realignment is necessary to meet 
the ever-increasing spectrum capacity demands of a wide range of 
industries, such as utilities and railroads, and other private land 
mobile radio services. The Report and Order adopts a primarily 
negotiation-based transition mechanism, establishes eligibility 
criteria for new broadband licenses, allows for mandatory relocation in 
narrow circumstances, and establishes anti-windfall payment 
obligations, application requirements, transition procedures, and 
operating and technical rules.
    2. In the Order of Proposed Modification, the Commission proposes 
to modify the 900 MHz nationwide ribbon license held by the Association 
of American Railroads. The item includes two additional Orders. In the 
first Order, the Commission denies a petition for rulemaking, which 
requested that the Commission designate part of the 800 MHz guard band 
for relocation of 900 MHz narrowband channels. In the second Order, the 
Commission partially lifts the freeze on 900 MHz applications for the 
limited purpose of permitting licensees to relocate their narrowband 
operations to facilitate the transition to broadband.

II. Background

    3. The 900 MHz band (896-901/935-940 MHz) consists of 399 
narrowband 12.5 kilohertz frequency pairs grouped into 10-channel 
blocks that alternate between Business/Industrial/Land Transportation 
licensees and Specialized Mobile Radio providers. While some 900 MHz 
licensees will continue to rely on narrowband deployments, many 900 MHz 
licensees, including utilities and other industrial users, will require 
additional coverage and capacity to keep pace with the expanding need 
for enhanced connectivity. Broadband is an effective tool for 
addressing many 900 MHz licensees' current and future needs, and it can 
offer next generation services not typically associated with narrowband 
systems.

III. Report and Order

A. Transition of 900 MHz Band To Enable Broadband Deployment

1. Band Realignment To Create a 3/3 Megahertz Broadband Segment
    4. The Commission creates a broadband segment consisting of paired 
three megahertz channels (3/3 megahertz) in the 897.5-900.5/936.5-939.5 
MHz portion of the 900 MHz band. The Commission reserves two narrowband 
segments--896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz--on 
either side of the broadband segment. The band realignment will result 
in one paired three megahertz broadband segment that is compliant with 
3rd Generation Partnership Project standards and two narrowband 
segments consisting of a paired 1.5 megahertz block and a paired .5 
megahertz block, respectively. The new band plan maintains the 
operational status quo of licensees within the 900 MHz band and 
provides substantial spectral separation to reduce the potential for 
interference to adjacent band services.
2. Transition Process
    5. The Commission relies primarily on a negotiation-based 
transition mechanism that enables prospective broadband licensees to 
acquire, relocate, or protect covered incumbents in the broadband 
segment. The Commission defines covered incumbent as any 900 MHz site-
based licensee in the broadband segment that under Sec.  90.621(b) is 
required to be protected by a broadband licensee that locates a base 
station anywhere within the county, or any geographic-based 900

[[Page 43126]]

MHz Specialized Mobile Radio licensee in the broadband segment whose 
license area completely or partially overlaps the county.
    6. The Commission establishes two eligibility criteria for new 
broadband licenses. First, the applicant must hold more than 50% of the 
total amount of licensed 900 MHz spectrum in the county where it seeks 
a license. Second, the applicant must hold spectrum in the broadband 
segment or reach an agreement to clear through acquisition or 
relocation, or demonstrate how it will provide interference protection 
to, covered incumbent licensees collectively holding licensees in the 
broadband segment for at least 90% of the site-channels in the county 
and within 70 miles of the county boundary and geographically licensed 
channels where the license area completely or partially overlaps the 
county.
    7. To determine whether an applicant has satisfied the requisite 
more-than-50% spectrum threshold for a given county, an applicant may 
demonstrate it holds spectrum associated with: (1) 900 MHz geographic 
licenses completely or partially overlapping the county, (2) 900 MHz 
site-based stations with service contours that intersect that county's 
boundary, and (3) credit for 900 MHz spectrum used to facilitate 
acquisitions or relocations of covered incumbents on or after March 14, 
2019.
    8. The 90% eligibility prong includes the applicant's own 900 MHz 
spectrum holdings and the acquisition, relocation, or protection of 
covered incumbent licenses. It includes credit for 900 MHz spectrum 
included in an application to acquire or relocate covered incumbents 
filed with the Commission on or after March 14, 2019. The spectrum must 
be in the 897.5-900.5/936.5-939.5 MHz broadband segment and in and 
within 70 miles of the county where the applicant seeks a license. A 
prospective broadband licensee may offer to a covered incumbent for the 
purposes of relocation no more spectrum than the incumbent currently 
holds, except where doing so is necessary to achieve equivalent 
coverage and/or capacity. A prospective broadband licensee may also 
elect to provide interference protection to covered incumbents through 
compliance with minimum spacing criteria, letters of concurrence, or 
private contractual agreements. If any site of a complex system is 
located within the county and/or within 70 miles of the county 
boundary, an applicant must either hold the license for the site or 
reach an agreement to acquire, relocate, or protect it to demonstrate 
eligibility.
    9. After license grant, the Commission allows a 900 MHz broadband 
licensee to relocate mandatorily from the broadband segment, in a given 
county and within 70 miles of the county, covered incumbents' remaining 
site-channels, and geographically licensed channels where the license 
area completely or partially overlaps the county, that were not covered 
by the broadband licensee's agreements to reach the 90% eligibility 
prong. Complex systems, comprised of 45 or more functionally integrated 
sites, are exempt from mandatory relocation. A broadband licensee that 
chooses to invoke mandatory relocation must pay all reasonable 
relocation costs, including providing the mandatorily-relocated covered 
incumbent with comparable facilities. A comparable facility is a 
replacement system that is at least equivalent to the covered 
incumbent's existing 900 MHz system following four factors: (1) System, 
(2) capacity, (3) quality of service, and (4) operating costs.
    10. A broadband licensee seeking to trigger the mandatory 
relocation process must serve notice on a covered incumbent that it 
plans to relocate mandatorily. Following the service of notice, the 
broadband licensee may request information from the covered incumbent 
that is reasonably required for the licensee to develop its offer of 
comparable facilities. The Commission directs the Wireless 
Telecommunications Bureau to resolve disputes arising between parties 
to mandatory relocation and requires both the licensee and the 
incumbents to negotiate in good faith.
    11. To mitigate a potential windfall to a 900 MHz broadband 
licensee, the Commission requires an applicant to relinquish all of its 
licensed 900 MHz spectrum, up to six megahertz, for any county in which 
it seeks a license. If an applicant relinquishes less than six 
megahertz of spectrum in exchange for its broadband license, then the 
applicant must make an anti-windfall payment, prior to the grant of the 
900 MHz broadband license, to the U.S. Treasury to account for the 
difference in spectrum provided from the Commission's inventory.
3. Preventing Disruption to Railways and Order Proposing Modification
    12. The Association of American Railroads holds a nationwide ribbon 
license surrounding railroad rights-of-way in six paired 12.5 kilohertz 
wide channels of the 900 MHz band, totaling 150 kilohertz. Three if the 
paired channels fall within the new narrowband segment. In the Order of 
Proposed Modification, the Commission proposes to modify the 
Association of American Railroads' nationwide ribbon license to provide 
contiguous spectrum in one of the new narrowband segments. The proposed 
modification would clear a prominent nationwide incumbent from the new 
broadband segment and enable significant enhancements to railroad 
safety.

B. Obtaining a 900 MHz Broadband License in a County

1. License Application
    13. In the Report and Order, the Commission establishes rules 
requiring an applicant to file 900 MHz broadband license applications 
in accordance with part 1, subpart F, of this chapter. The Commission 
also establishes rules requiring an applicant to file an Eligibility 
Certification and Transition Plan as part of its application.
    14. In its Eligibility Certification, an applicant must list the 
licenses the applicant holds in the 900 MHz band to demonstrate that it 
holds licenses for more than 50% of the total licensed 900 MHz spectrum 
for the county, including credit for spectrum included in an 
application to acquire or relocate any covered incumbents filed on or 
after March 14, 2019. The Eligibility Certification must also include a 
statement that the applicant's Transition Plan details how it holds 
spectrum in the broadband segment and/or has reached an agreement to 
clear through acquisition or relocation, or demonstrate how it will 
provide interference protection to, covered incumbent licensees 
collectively holding licenses in the broadband segment for at least 90% 
of the site-channels in the county, and within 70 miles of the county 
boundary and geographically licensed channels where the license area 
completely or partially overlaps the county.
    15. In its Transition Plan, an applicant must demonstrate one or 
more of the following for at least 90% of the site-channels in the 
county and within 70 miles of the county boundary, and geographically 
licensed channels where the license area completely or partially 
overlaps the county: (1) Agreement by covered incumbents to relocate 
from the broadband segment; (2) protection of site-based covered 
incumbents through compliance with minimum spacing criteria; (3) 
protection of site-based covered incumbents through new or existing 
letters of concurrence agreeing to lesser base station separations; (4) 
protection of geographically-based covered incumbents through private 
contractual agreements; and/or (5)

[[Page 43127]]

evidence that it holds licenses for the site channels in the county and 
within 70 miles of the county boundary and geographically licensed 
channels where the license area completely or partially overlaps the 
county. The Transition Plan must describe in detail: (1) Descriptions 
of the agreements reached with covered incumbents to relocate and the 
applications that the parties to the agreements will file for spectrum 
in the narrowband segment in order to relocate or repack licensees; (2) 
descriptions of how the applicant will provide interference protection 
to, and/or acquire or relocate from the broadband segment, covered 
incumbents collectively holding licenses for at least 90% of the site-
channels in the county and within 70 miles of the county boundary, and 
geographically licensed channels where the license area completely or 
partially overlaps the county, and/or evidence that it holds licenses 
for the site-channels and/or geographically licensed channels; (3) any 
rule waivers or other actions necessary to implement an agreement with 
a covered incumbent; and (4) such additional information as may be 
required. The Commission requires the applicant to include in a 
Transition Plan a certification from a frequency coordinator that the 
Transition Plan can be implemented consistent with the Commission's 
rules. The Commission allows an applicant seeking to transition 
multiple counties simultaneously to file a single Transition Plan that 
covers all of its county-based applications.
2. Implementation Procedures
    16. In the Report and Order, the Commission directs the Wireless 
Telecommunications Bureau to issue a Public Notice opening a filing 
window to accept applications for 900 MHz broadband licenses. In 2021, 
the Commission will evaluate the success of the transition to determine 
whether an alternative approach is necessary to achieve a more complete 
transition of the band.
    17. Consistent with part 1, applications accepted for filing will 
be placed on Public Notice for 30 days. The broadband license applicant 
would be required to file, within 15 days of filing its broadband 
license application, an application(s) to cancel all of its 900 MHz 
spectrum, up to six megahertz, conditioned upon Commission grant of its 
application. A 900 MHz broadband license grant triggers the licensee's 
right to operate, its ability to compel mandatory relocation, and its 
timeline for compliance with the performance requirements.

C. Licensing and Operating Rules

1. Broadband Segment
    18. In the Report and Order, the Commission replaces the Land 
Mobile Service allocation in the 897.5-900.5/936.5-939.5 MHz portion of 
the 900 MHz band with a Mobile Except Aeronautical Mobile Service 
allocation on a co-primary basis with the Fixed Service.
    19. The Commission designates the 900 MHz broadband allocation as a 
Miscellaneous Wireless Communication Service governed by part 27 of the 
Commission's rules. A 900 MHz broadband license applicant must 
designate its regulatory status and abide by service-specific rules in 
part 27.
    20. The Commission adopts counties as the geographic area for 900 
MHz broadband licenses. For purpose of 900 MHz broadband licenses, the 
Commission will use the United States Census Bureau data reflecting 
county legal boundaries and names valid through January 1, 2017.
    21. The Commission adopts an initial term of 15 years for 900 MHz 
broadband licensees, with a term of 10 years for any subsequent license 
renewal terms.
    22. The Commission adopts performance requirements for 900 MHz 
broadband licenses. A licensee can satisfy its performance requirement 
through population or geographic coverage. Under the population metric, 
a 900 MHz broadband licensee would be required to provide reliable 
signal coverage and offer broadband service to at least 45% of the 
population in its license area within six years of license grant and to 
at least 80% of the population in its license area within twelve years 
of license grant. Under the geographic coverage metric, a 900 MHz 
broadband licensee would be required to provide reliable signal 
coverage and offer broadband service to at least 25% of the geographic 
license area within six years of license grant and to at least 50% of 
the geographic license area within twelve years of license grant. To 
meet the broadband service obligation, the Commission expects licensees 
to deploy technologies that make intensive use of the entire 3/3 
megahertz band segment and yield high uplink and downlink data rates 
and minimal latency sufficient to provide for real-time, two-way 
communications.
    23. In the Report and Order, the Commission adopts a safe harbor on 
which a 900 MHz broadband licensee may rely to comply with the 
broadband service requirement. The Commission will find that a 900 MHz 
broadband licensee is offering broadband service if the service has the 
following minimum features: Provide 3/3 megahertz 3rd Generation 
Partnership Project standard Long Term Evolution service offering for 
advanced services.
    24. The Commission adopts penalties for 900 MHz broadband licensees 
that fail to meet the performance requirements. If a 900 MHz broadband 
licensee fails to meet the first performance benchmark, we require the 
licensee to meet the final performance benchmark two years sooner. If a 
900 MHz broadband licensee fails to meet the final performance 
benchmark, its authorization for that license area will terminate 
automatically without Commission action.
    25. In the Report and Order, the Commission declines to adopt 
specific renewal term construction obligations and declines to include 
the 900 MHz broadband segment in the Commission's spectrum aggregation 
screen.
2. Narrowband Segments
    26. The two narrowband segments--896-897.5/935-936.5 MHz and 900.5-
901/939.5-940 MHz--consist of 158 paired 12.5 kilohertz channels. In 
markets that have transitioned to broadband, the Commission will no 
longer distinguish between the Business/Industrial/Land Transportation 
and Specialized Mobile Radio blocks in the narrowband segments. The 
narrowband segments are designated for applicants eligible in the 
Industrial/Business Pool of subpart C, part 90; Business/Industrial/
Land Transportation and Specialized Mobile Radio licensees authorized 
as of September 13, 2018, for continuing operations; and Business/
Industrial/Land Transportation Pool and Specialized Mobile Radio 
licensees authorized as of September 13, 2018, for relocation to the 
narrowband segments from the broadband segment pursuant to subpart P, 
part 27. If the Commission were to lift the freeze on 900 MHz 
applications, applications for new authorizations in the narrowband 
segments would be accepted from applicants eligible in the Industrial/
Business Pool of subpart C, part 90.

D. Technical Rules

1. Broadband Segment
    27. The Commission adopts an effective radiated power for base and 
repeater stations in the 900 MHz broadband segment not to exceed 400 
watts/megahertz in non-rural areas and 800 watts/megahertz in rural 
areas, with maximum permissible power decreasing as the antenna height 
above average terrain rises above 304 meters. The Commission allows 900 
MHz broadband

[[Page 43128]]

licensees to operate at higher powers provided they sufficiently 
mitigate the risk of interference. The Commission also adopts an 
effective radiated power for mobile, control, and auxiliary test 
stations in the broadband segment not to exceed 10 watts and effective 
radiated power of portables not to exceed 3 watts.
    28. The Commission establishes an out of band emission (OOBE) limit 
outside a licensee's frequency band of operation to be attenuated by at 
least 43 + 10 log (P) dB for uplink operations in the 897.5-900.5 MHz 
band and by at least 50 + 10 log (p) dB for downlink operations in the 
936.5-939.5 MHz band.
    29. In the Report and Order, the Commission declines to adopt a 
guard band between narrowband and broadband operations in the realigned 
900 MHz band and finds it unnecessary to adopt additional limits on 
Long Term Evolution transmitter power and transmitter filtering 
requirements.
    30. The Commission requires broadband licensees to prevent harmful 
interference and resolve any unacceptable interference to narrowband 
operations in the shortest time practicable. The Commission deems 
unacceptable interference to 900 MHz narrowband licensees as occurring 
when the applicable median desired signal level is measured to be -104 
dBm or higher at the RF input of narrowband licensees' mobile receivers 
and -101 dBm or higher at the RF input of narrowband licensees' 
portable receivers.
    31. In the Report and Order, the Commission establishes that 900 
MHz broadband licensees with operations in the United States/Mexico and 
United States/Canada border regions are subject to, and shall be in 
accordance with international agreements between the United States and 
Mexico and the United States and Canada.
    32. The Commission establishes a median field strength limit not to 
exceed 40 dB[micro]V/m at any point along the geographic license 
boundary in the broadband segment, unless the affected licensee agrees 
to a different field strength limit.
2. Narrowband Segments
    33. In the Report and Order, the Commission declined to adopt 
additional or modified interference protections for the new narrowband 
segments.

E. Cost-Benefit Analysis

    34. In the Report and Order, the Commission described three cost-
benefit analyses filed in this proceeding. The Commission concluded 
that where negotiations to transition the 900 MHz band to broadband are 
successful, deploying broadband using 900 MHz spectrum are likely to be 
substantially higher than the costs imposed, and where negotiations are 
unsuccessful, the net cost will be zero.

IV. Order Denying EWA Petition for Rulemaking

    35. In the Order, the Commission denies a petition for rulemaking 
requested by the Enterprise Wireless Alliance. Enterprise Wireless 
Alliance had requested that the Commission designate part of the 800 
MHz guard band for relocation of 900 MHz narrowband channels.

V. Order Announcing Partial Lifting of Freeze

    36. In the Order, the Commission announces a partial lifting of the 
freeze on 900 MHz applications. The Commission will allow applications 
for the limited purposes of permitting 900 MHz licensees to relocate 
their narrowband operations to facilitate the transition to broadband, 
e.g., if the application were needed to implement a Transition Plan or 
a mandatory relocation agreement.

VI. Ordering Clauses

    37. Accordingly, it is ordered that, pursuant to Sections 1, 2, 
4(i), 4(j), 5(c), 302, 303, 304, 307, 308, 309, 310, 316, 319, 324, 
332, and 333 of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 152, 154(i), 154(j), 155(c), 302, 303, 304, 307, 308, 309, 310, 
316, 319, 324, 332, and 333, this Report and Order, Order of Proposed 
Modification, and Orders, in WT Docket No. 17-200 is hereby adopted.
    38. It is further ordered that the rules and requirements adopted 
herein will become effective thirty (30) days after publication in the 
Federal Register, with the exception of sections 27.1503 and 27.1505. 
Sections 27.1503 and 27.1505 contain new or modified information 
collection requirements that require review by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act. The Commission 
directs the Wireless Telecommunications Bureau to announce the 
effective date of those information collections in a document published 
in the Federal Register after the Commission receives OMB approval, and 
directs the Wireless Telecommunications Bureau to cause Sections 
27.1503 and 27.1505 to be revised accordingly.
    39. It is further proposed that, pursuant to sections 4(i) and 
316(a) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
316(a), and Sec.  1.87(a) of the Commission's rules, 47 CFR 1.87(a), in 
the Order of Proposed Modification the Commission proposes that 
Association of American Railroads' 900 MHz nationwide ribbon license be 
modified pursuant to the conditions in this Report and Order, Order of 
Proposed Modification, and Orders. Pursuant to section 316(a) of the 
Communications Act of 1934, as amended, 47 U.S.C. 316(a), and Sec.  
1.87(a) of the Commission's rules, 47 CFR 1.87(a), publication of this 
Report and Order, Order of Proposed Modification, and Orders in the 
Federal Register shall constitute notification in writing of the 
proposed action and the grounds and reasons therefor. AAR and any other 
party seeking to file a protest pursuant to Section 316 shall have 30 
days from publication to protest such Order of Proposed Modification.
    40. It is further ordered that, pursuant to sections 4(i) and 
316(a) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
316(a), and section 1.87(a) of the Commission's rules, 47 CFR 1.87(a), 
the proposed modification of the Association of American Railroads' 900 
MHz nationwide ribbon license will be final and effective 60 days after 
publication of this Report and Order, Order of Proposed Modification, 
and Orders in the Federal Register, provided Anterix has voluntarily 
cancelled the Specialized Mobile Radio licenses listed in Appendix E by 
filing Form 601 in accordance with section 1.953(f). Further, in the 
event the Association of American Railroads or any other licensee or 
permittee who believes that its license or permit would be modified by 
this proposed action seeks to protest this proposed modification, the 
proposed license modification specified in this Report and Order, Order 
of Proposed Modification, and Orders and contested by the licensee 
shall not be made final as to such licensee unless and until the 
Commission orders otherwise.
    41. It is further ordered that the license modification proceeding 
commenced by the Order of Proposed Modification be treated as a permit-
but-disclose proceeding under the Commission's ex parte rules. See 47 
CFR 1.1200 et seq.
    42. It is further ordered that, pursuant to section 1.425 of the 
Commission's rules, 47 CFR 1.425, the Enterprise Wireless Alliance 
(EWA) Petition for Rulemaking is denied.

[[Page 43129]]

    43. It is further ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and section 
1.925 of the Commission's rules, 47 CFR 1.925, the Order announcing a 
partial lifting of the 900 MHz application freeze is adopted and 
subject to the conditions specified herein.
    44. It is further ordered that, pursuant to 47 CFR 1.4(b)(1), the 
period for filing petitions for reconsideration or petitions for 
judicial review of this Report and Order, Order of Proposed 
Modification, and Orders will commence on the date that a summary of 
this Report and Order, Order of Proposed Modification, and Orders is 
published in the Federal Register.
    45. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, Order of Proposed Modification, and 
Orders to Congress and the Government Accountability Office pursuant to 
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
    46. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, Order of Proposed Modification, and 
Orders, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.
    47. It is our intention in adopting these rules that, if any 
provision of the Report and Order, Order of Proposed Modification, and 
Orders or the rules, or the application thereof to any person or 
circumstance, is held to be unlawful, the remaining portions of such 
Report and Order, Order of Proposed Modification, and Orders and the 
rules not deemed unlawful, and the application of the Report and Order, 
Order of Proposed Modification, and Orders and the rules to other 
persons or circumstances, shall remain in effect to the fullest extent 
permitted by law.

Lists of Subjects in 47 CFR Parts 1, 2, 20, 27, and 90

    Administrative practice and procedure, Common carriers, 
Communications common carriers, Environmental impact statements, Radio, 
Telecommunications.

Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 2, 27, and 90 as 
follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority:  47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461, unless 
otherwise noted.


0
2. Section 1.907 is amended by revising the definition of ``covered 
geographic licenses'' to read as follows:


Sec.  1.907  Definitions.

* * * * *
    Covered geographic licenses. Covered geographic licenses consist of 
the following services: 1.4 GHz Service (part 27, subpart I of this 
chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and 
Digital Electronic Message Services (part 101, subpart G of this 
chapter); 218-219 MHz Service (part 95, subpart F, of this chapter); 
220-222 MHz Service, excluding public safety licenses (part 90, subpart 
T, of this chapter); 600 MHz Service (part 27, subpart N); 700 MHz 
Commercial Services (part 27, subparts F and H); 700 MHz Guard Band 
Service (part 27, subpart G); 800 MHz Specialized Mobile Radio Service 
(part 90, subpart S); 900 MHz Specialized Mobile Radio Service (part 
90, subpart S); 900 MHz Broadband Service (part 27, subpart P); 3.7 GHz 
Service (part 27, subpart O); Advanced Wireless Services (part 27, 
subparts K and L); Air-Ground Radiotelephone Service (Commercial 
Aviation) (part 22, subpart G, of this chapter); Broadband Personal 
Communications Service (part 24, subpart E, of this chapter); Broadband 
Radio Service (part 27, subpart M); Cellular Radiotelephone Service 
(part 22, subpart H); Citizens Broadband Radio Service (part 96, 
subpart C, of this chapter); Dedicated Short Range Communications 
Service, excluding public safety licenses (part 90, subpart M); 
Educational Broadband Service (part 27, subpart M); H Block Service 
(part 27, subpart K); Local Multipoint Distribution Service (part 101, 
subpart L); Multichannel Video Distribution and Data Service (part 101, 
subpart P); Multilateration Location and Monitoring Service (part 90, 
subpart M); Multiple Address Systems (EAs) (part 101, subpart O); 
Narrowband Personal Communications Service (part 24, subpart D); Paging 
and Radiotelephone Service (part 22, subpart E; part 90, subpart P); 
VHF Public Coast Stations, including Automated Maritime 
Telecommunications Systems (part 80, subpart J, of this chapter); Upper 
Microwave Flexible Use Service (part 30 of this chapter); and Wireless 
Communications Service (part 27, subpart D of this chapter).
* * * * *

0
3. In Sec.  1.9005 add paragraph (nn) to read as follows:


Sec.  1.9005   Included services.

* * * * *
    (nn) The 900 MHz Broadband Service (part 27 of this chapter).

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

0
4. The authority citation for part 2 continues to read as follows:

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


0
5. Section 2.106 is amended by revising pages 31 and 32 to read as 
follows:
0
2.106 Table of Frequency Allocations.
BILLING CODE 6712-01-P

[[Page 43130]]

[GRAPHIC] [TIFF OMITTED] TR16JY20.004


[[Page 43131]]


[GRAPHIC] [TIFF OMITTED] TR16JY20.005


[[Page 43132]]


[GRAPHIC] [TIFF OMITTED] TR16JY20.006


[[Page 43133]]


[GRAPHIC] [TIFF OMITTED] TR16JY20.007

BILLING CODE 6712-01-C

[[Page 43134]]

PART 20--COMMERCIAL MOBILE SERVICES

0
6. The authority citation for part 20 continues to read as follows:

    Authority:  47 U.S.C. 151, 152(a) 154(i), 157, 160, 201, 214, 
222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309, 
309(j)(3), 316, 316(a), 332, 610, 615, 615a, 615b, 615c, unless 
otherwise noted.


0
7. Section 20.12 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  20.12   Resale and roaming.

    (a)(1) Scope of manual roaming and resale. Paragraph (c) of this 
section is applicable to providers of Broadband Personal Communications 
Services (part 24, subpart E of this chapter), Cellular Radio Telephone 
Service (part 22, subpart H of this chapter), Specialized Mobile Radio 
Services in the 800 MHz and 900 MHz bands (included in part 90, subpart 
S of this chapter), and 900 MHz Broadband Service (included in part 27, 
subpart P of this chapter) if such providers offer real-time, two-way 
switched voice or data service that is interconnected with the public 
switched network and utilizes an in-network switching facility that 
enables the provider to re-use frequencies and accomplish seamless 
hand-offs of subscriber calls. The scope of paragraph (b) of this 
section, concerning the resale rule, is further limited so as to 
exclude from the requirements of that paragraph those Broadband 
Personal Communications Services C, D, E, and F block licensees that do 
not own and control and are not owned and controlled by firms also 
holding cellular A or B block licenses.
* * * * *

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

0
8. The authority citation for part 27 continues to read as follows:

    Authority:  47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 
337, 1403, 1404, 1451, and 1452, unless otherwise noted.


0
9. Section 27.1 is amended by adding paragraph (b)(16) to read as 
follows:


Sec.  27.1  Basis and purpose.

* * * * *
    (b) * * *
    (16) 897.5-900.5 MHz and 936.5-939.5 MHz.
* * * * *

0
10. Section 27.5 is amended by adding paragraph (n) to read as follows:


Sec.  27.5  Frequencies.

* * * * *
    (n) 900 MHz broadband. The paired 897.5-900.5 MHz and 936.5-939.5 
MHz bands are available for assignment on a geographic basis. For 
operations in the 897.5-900.5 MHz and 936.5-939.5 MHz bands (designated 
as Channels 120-360 in section 90.613 of this chapter), no new 
applications will be accepted in transitioned markets for narrowband 
systems under part 90, subpart S of this chapter.

0
11. Section 27.12 is amended by revising paragraph (a) to read as 
follows:


Sec.  27.12  Eligibility.

    (a) Except as provided in paragraph (b) of this section and in 
Sec. Sec.  27.604, 27.1201, 27.1202, and 27.1503, any entity other than 
those precluded by section 310 of the Communications Act of 1934, as 
amended, 47 U.S.C. 310, is eligible to hold a license under this part.
* * * * *

0
12. Section 27.13 is amended by adding paragraph (n) to read as 
follows:


Sec.  27.13  License period.

* * * * *
    (n) 900 MHz broadband. Authorizations for broadband licenses in the 
897.5-900.5 MHz and 936.5-939.5 MHz bands will have a term not to 
exceed 15 years from the date of initial issuance and ten (10) years 
from the date of any subsequent renewal.

0
13. Add subpart P to read as follows:

Subpart P--Regulations Governing Licensing and Use of 900 MHz 
Broadband Service in the 897.5-900.5 MHz and 936.5-939.5 MHz Bands

Sec.
27.1500 Scope.
27.1501 Definitions.
27.1502 Permanent discontinuance of 900 MHz broadband licenses.
27.1503 Broadband license eligibility and application requirements.
27.1504 Mandatory relocation.
27.1505 Performance requirements.
27.1506 Frequencies.
27.1507 Effective radiated power limits for 900 MHz broadband 
systems.
27.1508 Field strength limit.
27.1509 Emission limits.
27.1510 Unacceptable interference to narrowband 900 MHz licensees 
from 900 MHz broadband licensees.


Sec.  27.1500  Scope.

    This subpart sets out the regulations governing the licensing and 
operations of 900 MHz broadband systems operating in the 897.5-900.5/
936.5-939.5 MHz band. It includes eligibility requirements and 
operational and technical standards for stations licensed in this band. 
It also supplements the rules regarding application procedures 
contained in part 1, subpart F of this chapter. The rules in this 
subpart are to be read in conjunction with the applicable requirements 
contained elsewhere in this part; however, in case of conflict, the 
provisions of this subpart shall govern with respect to licensing and 
operation in this frequency band.


Sec.  27.1501  Definitions.

    Terms used in this subpart shall have the following meanings:
    900 MHz broadband. The 900 MHz broadband systems in the 897.5-
900.5/936.5-939.5 MHz band licensed by the Commission pursuant to the 
provisions of this subpart.
    900 MHz broadband licensee. An entity that holds a 900 MHz 
broadband license issued pursuant to this subpart.
    900 MHz broadband segment. The segment of realigned 900 MHz 
spectrum (i.e., the 897.5-900.5/936.5-939.5 MHz band) licensed by the 
Commission pursuant to the provisions of this subpart.
    900 MHz narrowband segment. The segments of realigned 900 MHz 
spectrum (i.e., the 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz 
bands (Paired channels 1-119 and 361-399)) designated for narrowband 
operations and licensed pursuant to 47 CFR part 90, subpart S.
    Complex system. A covered incumbent's system that consists of 45 or 
more functionally integrated sites.
    County. For purposes of this part, counties shall be defined using 
the United States Census Bureau's data reflecting county legal 
boundaries and names valid through January 1, 2017.
    Covered incumbent. Any 900 MHz site-based licensee in the broadband 
segment that is required under Sec.  90.621(b) to be protected by a 
broadband licensee with a base station at any location within the 
county, or any 900 MHz geographic-based SMR licensee in the broadband 
segment whose license area completely or partially overlaps the county.
    Eligibility Certification. A filing made to the Commission as part 
of the prospective broadband licensee's application for a 900 MHz 
broadband license that demonstrates satisfaction of the eligibility 
restrictions.
    License area. The geographic component of a 900 MHz broadband 
license. A license area consists of one county.
    Power spectral density (PSD). The power of an emission in the 
frequency domain, such as in terms of ERP or EIRP, stated per unit 
bandwidth, e.g., watts/MHz.
    Site-channel. A channel licensed at a particular location.
    Transition plan. A filing made to the Commission as part of the 
prospective

[[Page 43135]]

broadband licensee's application for a 900 MHz broadband license that 
includes a plan for transitioning the band in the particular county.
    Transitioned market. See section 90.7 of part 90 of this chapter.


Sec.  27.1502  Permanent discontinuance of 900 MHz broadband licenses.

    A 900 MHz broadband licensee that permanently discontinues service 
as defined in Sec.  1.953 must notify the Commission of the 
discontinuance within 10 days by filing FCC Form 601 requesting license 
cancelation. An authorization will automatically terminate, without 
specific Commission action, if service is permanently discontinued as 
defined in this chapter, even if a licensee fails to file the required 
form requesting license cancelation.


Sec.  27.1503  Broadband license eligibility and application 
requirements.

    (a) Eligibility. For an applicant to be eligible for a broadband 
license in a county, it must:
    (1) Hold the licenses for more than 50% of the total amount of 
licensed 900 MHz SMR (site-based or geographically licensed) and B/ILT 
(site-based) spectrum for the relevant county including credit for 
spectrum included in an application to acquire or relocate covered 
incumbents filed with the Commission on or after March 14, 2019;
    (2) Hold spectrum in the broadband segment or reach an agreement to 
clear through acquisition or relocation, including credit for spectrum 
included in an application to acquire or relocate covered incumbents 
filed with the Commission on or after March 14, 2019, or demonstrate 
how it will provide interference protection to, covered incumbent 
licensees collectively holding licenses in the broadband segment for at 
least 90% of the site-channels in the county and within 70 miles of the 
county boundary, and geographically licensed channels where the license 
area completely or partially overlaps the county. To provide 
interference protection, an applicant may:
    (i) Protect site-based covered incumbent(s) through compliance with 
minimum spacing criteria set forth in Sec.  90.621(b) of this chapter;
    (ii) Protect site-based covered incumbent(s) through new or 
existing letters of concurrence agreeing to lesser base station 
separations as set forth in Sec.  90.621(b); and/or
    (iii) Protect geographically based covered incumbent(s) through a 
private contractual agreement.
    (3) If any site of a complex system is located within the county 
and/or within 70 miles of the county boundary, an applicant must either 
hold the license for that site or reach an agreement to acquire, 
relocate, or protect it in order to demonstrate eligibility.
    (4) The applicant may use its current 900 MHz holdings in the 
narrowband segment to relocate covered incumbents. Spectrum used for 
the purpose of relocating incumbent(s) may not exceed the incumbent's 
current spectrum holdings in the relevant county, unless additional 
channels are necessary to achieve equivalent coverage and/or capacity.
    (b) Application. (1) Applications must be filed in accordance with 
part 1, subpart F of this chapter.
    (2) An applicant for a 900 MHz broadband license must submit with 
its application an Eligibility Certification that:
    (i) Lists the licenses the applicant holds in the 900 MHz band to 
demonstrate that it holds the licenses for more than 50% of the total 
licensed 900 MHz spectrum, whether SMR or B/ILT, for the relevant 
county including credit for spectrum included in an application to 
acquire or relocate any covered incumbents filed on or after March 14, 
2019;
    (ii) A statement that it has filed a Transition Plan detailing how 
it holds spectrum in the broadband segment and/or has reached an 
agreement to clear through acquisition or relocation (including credit 
for spectrum included in an application to acquire or relocate covered 
incumbents filed with the Commission on or after March 14, 2019), or 
demonstrate how it will provide interference protection to, covered 
incumbent licensees collectively holding licenses in the broadband 
segment for at least 90% of the site-channels in the county and within 
70 miles of the county boundary, and geographically licensed channels 
where the license area completely or partially overlaps the county.
    (3) An applicant for a 900 MHz broadband license must submit with 
its application a Transition Plan that provides:
    (i) A showing of one or more of the following:
    (A) Agreement by covered incumbents to relocate from the broadband 
segment;
    (B) Protection of site-based covered incumbents through compliance 
with minimum spacing criteria;
    (C) Protection of site-based covered incumbents through new or 
existing letters of concurrence agreeing to lesser base station 
separations;
    (D) Protection of geographically-based covered incumbents through 
private contractual agreements; and/or
    (E) Evidence that it holds licenses for the site-channels and/or 
geographically licensed channels.
    (ii) Descriptions of the agreements between the prospective 
broadband licensee and all covered incumbents collectively holding 
licenses for at least 90% of site-channels within the county and within 
70 miles of the county boundary, and geographically licensed channels 
where the license area completely or partially overlaps the county.
    (iii) Descriptions in detail of all information and actions 
necessary to accomplish the realignment, as follows:
    (A) The applications that the parties to the agreements will file 
for spectrum in the narrowband segment in order to relocate or repack 
licensees;
    (B) A description of how the applicant will provide interference 
protection to, and/or acquire or relocate from the broadband segment 
covered incumbents collectively holding licenses for at least 90% of 
site-channels within 70 miles of the county and within 70 miles of the 
county boundary and/or evidence that it holds licenses for the site-
channels and/or geographically licensed channels.
    (C) Any rule waivers or other actions necessary to implement an 
agreement with a covered incumbent; and
    (D) Such additional information as may be required.
    (iv) A certification from an FCC-certified frequency coordinator 
that the Transition Plan's representations can be implemented 
consistent with Commission rules. The certification must establish that 
the relocations proposed therein take into consideration all relevant 
covered incumbents and are consistent with the existing part 90 
interference protection criteria if the covered incumbent is site-
based, and include any private contractual agreements between the 
prospective broadband licensee and a geographically-licensed covered 
incumbent.
    (4) Applicants seeking to transition multiple counties may 
simultaneously file a single Transition Plan with each of its county-
based applications.
    (c) Anti-windfall provisions. (1) The applicant must return to the 
Commission all of its licensed 900 MHz SMR and B/ILT spectrum, up to 
six megahertz, for the county in which it seeks a broadband license. 
The applicant will be required to file, within 15 days of filing its 
broadband license application, an application(s) to cancel all of its 
900 MHz SMR and B/ILT spectrum, up to six megahertz, conditioned upon 
Commission grant of its application.

[[Page 43136]]

    (2) If the applicant relinquishes less than six megahertz of 
spectrum in accordance with paragraph (c)(1) of this section, then the 
applicant must remit an anti-windfall payment prior to the grant of the 
900 MHz broadband license. Payment must be made through a monetary 
payment to the U.S. Treasury.


Sec.  27.1504  Mandatory relocation.

    (a) Subject to paragraph (b) of this section, broadband licensees 
may require mandatory relocation from the broadband segment covered 
incumbents' remaining site-channels in a given county and within 70 
miles of the county boundary, and geographically licensed channels 
where the license area completely or partially overlaps the county, 
that were not covered by Sec.  27.1503(a)(2).
    (b) Complex systems are exempt from mandatory relocation. To 
qualify as exempt from mandatory relocation, a complex system must have 
at least one site (of its 45 or more functionally integrated sites) 
located within the county license area or within 70 miles of the county 
boundary.
    (c) A broadband licensee seeking to relocate a covered incumbent 
pursuant to this section is required to pay all reasonable relocation 
costs, including providing the relocated covered incumbent with 
comparable facilities. To be comparable, the replacement system 
provided to a covered incumbent during a mandatory relocation must be 
at least equivalent to the existing 900 MHz system with respect to the 
following four factors:
    (1) System;
    (2) Capacity;
    (3) Quality of service; and
    (4) Operating costs.
    (d) Having met the 90% success threshold, a 900 MHz broadband 
licensee seeking to trigger the mandatory relocation process shall 
serve notice on applicable covered incumbent(s).
    (e) Following the service of notice, a 900 MHz broadband licensee 
may request information from the covered incumbent reasonably required 
to craft its offer of comparable facilities.
    (f) We expect all parties to negotiate with the utmost ``good 
faith'' in the negotiation process. Factors relevant to a ``good-
faith'' determination include:
    (1) Whether the party responsible for paying the cost of band 
reconfiguration has made a bona fide offer to relocate the incumbent to 
comparable facilities;
    (2) The steps the parties have taken to determine the actual cost 
of relocation to comparable facilities; and
    (3) Whether either party has unreasonably withheld information, 
essential to the accurate estimation of relocation costs and 
procedures, requested by the other party.
    (g) A party seeking Commission resolution of a dispute must submit 
in writing to the Chief, Wireless Telecommunications Bureau:
    (1) The name, address, telephone number, and email address of the 
900 MHz broadband licensee or covered incumbent making the allegation;
    (2) The name of the 900 MHz broadband licensee or covered incumbent 
about which the allegation is made;
    (3) A complete statement of the facts supporting the broadband 
licensee's or incumbent's claim; and
    (4) The specific relief sought.
    (h) If an incumbent fails to negotiate in good faith, its 
facilities may be mandatorily relocated, and its license modified 
accordingly by the Commission pursuant to section 316 of the Act. If 
the Wireless Telecommunications Bureau finds bad faith on the part of 
the broadband licensee, the broadband licensee may lose the right to 
relocate the incumbent or the Wireless Telecommunications Bureau may 
refer the matter to the Enforcement Bureau for action (which could 
include a range of sanctions, such as imposition of forfeitures).


Sec.  27.1505   Performance requirements.

    (a) 900 MHz broadband licensees shall demonstrate compliance with 
performance requirements by filing a construction notification with the 
Commission, within 15 days of the expiration of the applicable 
benchmark, in accordance with the provisions set forth in Sec.  
1.946(d) of this chapter.
    (1) The licensee must certify whether it has met the applicable 
performance requirements. The licensee must file a description and 
certification of the areas for which it is providing service. The 
construction notifications must include electronic coverage maps and 
supporting technical documentation regarding the type of service it is 
providing for each licensed area within its service territory and the 
type of technology used to provide such service, and certify the 
accuracy of such documentation. Supporting documentation must include 
the assumptions used to create the coverage maps, including the 
propagation model and the signal strength necessary to provide reliable 
service with the licensee's technology.
    (2) To demonstrate compliance with the population coverage 
requirement, licensees shall use the most recently available decennial 
U.S. Census Bureau data at the time of measurement and shall base their 
measurements of population served on areas no larger than the Census 
Tract level. The population within a specific Census Tract (or other 
acceptable identifier) will be deemed served by the licensee only if it 
provides reliable signal coverage to and offers service within the 
specific Census Tract (or other acceptable identifier). To the extent 
the Census Tract (or other acceptable identifier) extends beyond the 
boundaries of a license area, a licensee with authorizations for such 
areas may include only the population within the Census Tract (or other 
acceptable identifier) towards meeting the performance requirement of a 
single, individual license.
    (b) A 900 MHz broadband licensee must meet either a population 
coverage requirement or geographic coverage as follows:
    (1) Population metric. (i) A 900 MHz broadband licensee shall 
provide reliable signal coverage and offer broadband service to at 
least 45% of the population in its license area within six years of 
license grant.
    (ii) A 900 MHz broadband licensee shall provide reliable signal 
coverage and offer broadband service to at least 80% of the population 
in its license area within 12 years of license grant.
    (2) Geographic coverage. Alternatively, a 900 MHz broadband 
licensee may:
    (i) Demonstrate it provides reliable signal coverage and offers 
broadband service covering at least 25% of the geographic license area 
within six years of license grant.
    (ii) Demonstrate it provides reliable signal coverage and offers 
broadband service covering at least 50% of the geographic license area 
within twelve years of license grant.
    (c) Penalties. (1) If a 900 MHz broadband licensee fails to meet 
the first performance benchmark, we require the licensee to meet the 
final performance benchmark two years sooner (i.e., at 10 years into 
the license term) and reduce the license term from 15 years to 13 
years.
    (2) If a 900 MHz broadband licensee fails to meet the final 
performance benchmark, its authorization for that license area will 
terminate automatically without Commission action.
    (d) License renewal. After satisfying the 12-year, final 
performance benchmark, a licensee must continue to provide coverage and 
offer broadband service at or above that level for the remaining three 
years of the 15-year license term in order to warrant license renewal.

[[Page 43137]]

Sec.  27.1506   Frequencies.

    The 897.5-900.5 MHz and 936.5-939.5 MHz band segments are available 
for licensing with an authorized bandwidth up to 3 megahertz paired 
channels. The 897.5-900.5 MHz segment must only be used for uplink 
transmissions. The 936.5-939.5 MHz segments must only be used for 
downlink transmissions.


Sec.  27.1507   Effective radiated power limits for 900 MHz broadband 
systems.

    (a) Maximum ERP. The power limits specified in this section are 
applicable to operations in areas more than 110 km (68.4 miles) from 
the U.S./Mexico border and 140 km (87 miles) from the U.S./Canada 
border.
    (1) General limit. (i) The ERP for base and repeater stations must 
not exceed 400 watts/megahertz power spectral density (PSD) per sector 
and an antenna height of 304 m height above average terrain (HAAT), 
except that antenna heights greater than 304 m HAAT are permitted if 
power levels are reduced below 400 watts/megahertz ERP in accordance 
with Table 1 of this section.
    (ii) Provided that they also comply with paragraphs (b) and (c) of 
this section, licensees are permitted to operate base and repeater 
stations with up to a maximum ERP of 1000 watts/megahertz power 
spectral density (PSD) per sector and an antenna height of 304 m height 
above average terrain (HAAT), except that antenna heights greater than 
304 m HAAT are permitted if power levels are reduced below 1000 watts/
megahertz ERP in accordance with Table 2 of this section.
    (2) Rural areas. For systems that are located in counties with 
population densities of 100 persons or fewer per square mile, based 
upon the most recently available population statistics from the Bureau 
of the Census:
    (i) The ERP for base and repeater stations must not exceed 800 
watts/megahertz power spectral density (PSD) per sector and an antenna 
height of 304 m height above average terrain (HAAT), except that 
antenna heights greater than 304 m HAAT are permitted if power levels 
are reduced below 800 watts/megahertz ERP in accordance with Table 3 of 
this section.
    (ii) Provided that they also comply with paragraphs (b) and (c) of 
this section, base and repeater stations may operate with up to a 
maximum ERP of 2000 watts/megahertz power spectral density (PSD) per 
sector and an antenna height of 304 m height above average terrain 
(HAAT), except that antenna heights greater than 304 m HAAT are 
permitted if power levels are reduced below 2000 watts/megahertz ERP in 
accordance with Table 4 of this section.
    (3) Mobile, control and auxiliary test stations. Mobile, control 
and auxiliary test stations must not exceed 10 watts ERP.
    (4) Portable stations. Portable stations must not exceed 3 watts 
ERP.
    (b) Power flux density (PFD). Each 900 MHz broadband base or 
repeater station that exceeds the ERP limit of paragraph (a)(1)(i) or 
(a)(2)(i) of this section must be designed and deployed so as not to 
exceed a modeled PFD of 3000 microwatts/m\2\/MHz over at least 98% of 
the area within 1 km of the base or repeater station antenna, at 1.6 
meters above ground level. To ensure compliance with this requirement, 
the licensee must perform predictive modeling of the PFD values within 
at least 1 km of each base or repeater station antenna prior to 
commencing such operations and, thereafter, prior to making any site 
modifications that may increase the PFD levels around the base or 
repeater station. The modeling must take into consideration terrain and 
other local conditions and must use good engineering practices for the 
900 MHz band.
    (c) Power measurement. Measurement of 900 MHz broadband base 
transmitter and repeater ERP must be made using an average power 
measurement technique. Power measurements for base transmitters and 
repeaters must be made in accordance with either of the following:
    (1) A Commission-approved average power technique (see FCC 
Laboratory's Knowledge Database); or
    (2) For purposes of this section, peak transmit power must be 
measured over an interval of continuous transmission using 
instrumentation calibrated in terms of an rms-equivalent voltage. The 
measurement results shall be properly adjusted for any instrument 
limitations, such as detector response times, limited resolution 
bandwidth capability when compared to the emission bandwidth, 
sensitivity, etc., so as to obtain a true peak measurement for the 
emission in question over the full bandwidth of the channel.
    (d) PAR limit. The peak-to-average ratio (PAR) of the transmission 
must not exceed 13 dB.
    (e) Height-power limit. As specified in paragraph (a) of this 
section, the following tables specify the maximum base station power 
for antenna heights above average terrain (HAAT) that exceed 304 
meters.

  Table 1 to Sec.   27.1507--Permissible Power and Antenna Heights for
 Base Stations and Repeaters Permitted To Transmit With Up to 400 Watts/
                                Megahertz
------------------------------------------------------------------------
                                                           Effective
                                                         radiated power
        Antenna height (AAT) in meters (feet)            (ERP) (watts/
                                                           megahertz)
------------------------------------------------------------------------
Above 1372 (4500)....................................                 26
Above 1220 (4000) To 1372 (4500).....................                 28
Above 1067 (3500) To 1220 (4000).....................                 30
Above 915 (3000) To 1067 (3500)......................                 40
Above 763 (2500) To 915 (3000).......................                 56
Above 610 (2000) To 763 (2500).......................                 80
Above 458 (1500) To 610 (2000).......................                140
Above 305 (1000) To 458 (1500).......................                240
Up to 305 (1000).....................................                400
------------------------------------------------------------------------


  Table 2 to Sec.   27.1507--Permissible Power and Antenna Heights for
Base Stations and Repeaters Permitted To Transmit With Up to 1000 Watts/
                                Megahertz
------------------------------------------------------------------------
                                                           Effective
                                                         radiated power
        Antenna height (AAT) in meters (feet)            (ERP) (watts/
                                                           megahertz)
------------------------------------------------------------------------
Above 1372 (4500)....................................                 65
Above 1220 (4000) To 1372 (4500).....................                 70
Above 1067 (3500) To 1220 (4000).....................                 75
Above 915 (3000) To 1067 (3500)......................                100
Above 763 (2500) To 915 (3000).......................                140
Above 610 (2000) To 763 (2500).......................                200
Above 458 (1500) To 610 (2000).......................                350
Above 305 (1000) To 458 (1500).......................                600
Up to 305 (1000).....................................               1000
------------------------------------------------------------------------


  Table 3 to Sec.   27.1507--Permissible Power and Antenna Heights for
 Base Stations and Repeaters Permitted To Transmit With Up to 800 Watts/
                                Megahertz
------------------------------------------------------------------------
                                                           Effective
                                                         radiated power
        Antenna height (AAT) in meters (feet)            (ERP) (watts/
                                                           megahertz)
------------------------------------------------------------------------
Above 1372 (4500)....................................                 52
Above 1220 (4000) To 1372 (4500).....................                 56
Above 1067 (3500) To 1220 (4000).....................                 60
Above 915 (3000) To 1067 (3500)......................                 80
Above 763 (2500) To 915 (3000).......................                112
Above 610 (2000) To 763 (2500).......................                160
Above 458 (1500) To 610 (2000).......................                280
Above 305 (1000) To 458 (1500).......................                480

[[Page 43138]]

 
Up to 305 (1000).....................................                800
------------------------------------------------------------------------


  Table 4 to Sec.   27.1507--Permissible Power and Antenna Heights for
Base Stations and Repeaters Permitted To Transmit With Up to 2000 Watts/
                                Megahertz
------------------------------------------------------------------------
                                                           Effective
                                                         radiated power
        Antenna height (AAT) in meters (feet)            (ERP) (watts/
                                                           megahertz)
------------------------------------------------------------------------
Above 1372 (4500)....................................                130
Above 1220 (4000) To 1372 (4500).....................                140
Above 1067 (3500) To 1220 (4000).....................                150
Above 915 (3000) To 1067 (3500)......................                200
Above 763 (2500) To 915 (3000).......................                280
Above 610 (2000) To 763 (2500).......................                400
Above 458 (1500) To 610 (2000).......................                700
Above 305 (1000) To 458 (1500).......................               1200
Up to 305 (1000).....................................               2000
------------------------------------------------------------------------

Sec.  27.1508  Field strength limit.

    The predicted or measured median field strength must not exceed 40 
dB[micro]V/m at any given point along the geographic license boundary, 
unless the affected licensee agrees to a different field strength. This 
value applies to both the initially offered service areas and to 
partitioned service areas.


Sec.  27.1509  Emission limits.

    The power of any emission outside a licensee's frequency band(s) of 
operation shall be attenuated below the transmitter power (P) in watts 
by at least the following amounts:
    (a) For 900 MHz broadband operations in 897.5-900.5 MHz band by at 
least 43 + 10 log (P) dB.
    (b) For 900 MHz broadband operations in the 936.5-939.5 MHz band, 
by at least 50 + 10 log (P) dB.
    (c) Compliance with the provisions of paragraphs (a) and (b) of 
this section is based on the use of measurement instrumentation 
employing a resolution bandwidth of 100 kHz or greater. However, in the 
100 kHz bands immediately outside and adjacent to the licensee's band, 
a resolution bandwidth of at least 1 percent of the emission bandwidth 
of the fundamental emission of the transmitter may be employed. The 
emission bandwidth is defined as the width of the signal between two 
points, one below the carrier center frequency and one above the 
carrier center frequency, outside of which all emissions are attenuated 
at least 26 dB below the transmitter power.
    (d) The measurements of emission power can be expressed in peak or 
average values, provided they are expressed in the same parameters as 
the transmitter power.
    (e) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in this section.


Sec.  27.1510  Unacceptable interference to narrowband 900 MHz 
licensees from 900 MHz broadband licensees.

    See 47 CFR 90.672.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
14. 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
15. Section 90.7 is amended by adding definitions for ``900 MHz 
broadband,'' ``900 MHz broadband licensee,'' ``900 MHz broadband 
segment,'' ``900 MHz narrowband segment,'' and ``Transitioned market'' 
in alphanumerical order to read as follows:


Sec.  90.7   Definitions.

* * * * *
    900 MHz broadband. See 47 CFR 27.1501.
    900 MHz broadband licensee. See 47 CFR 27.1501.
    900 MHz broadband segment. See 47 CFR 27.1501.
    900 MHz narrowband segment. See 47 CFR 27.1501.
* * * * *
    Transitioned market. A geographic area in which the 900 MHz band 
has been reconfigured to consist of a 900 MHz broadband license in the 
900 MHz broadband segment and two 900 MHz narrowband segments pursuant 
to part 27 of this chapter.
* * * * *

0
16. Section 90.35 is amended by revising paragraph (c)(71) to read as 
follows:


Sec.  90.35   Industrial/Business Pool.

* * * * *
    (c) * * *
    (71) Subpart S of this part contains rules for assignment of 
frequencies in the 806-824/851-869 MHz band and for narrowband 
operations in the 896-901/935-940 MHz band.
* * * * *

0
17. Section 90.205 is amended by revising paragraph (k) to read as 
follows:


Sec.  90.205   Power and antenna height limits.

* * * * *
    (k) 806-824 MHz, 851-869 MHz, 896-901 MHz and 935-940 MHz. Power 
and height limitations for frequencies in the 806-824 MHz and 851-869 
MHz bands and for narrowband operations in the 896-901/935-940 MHz band 
are specified in Sec.  90.635.
* * * * *

0
18. Section 90.209 is amended by revising the heading to the table in 
paragraph (b)(5) and adding an entry in numerical order for ``896-901/
935-940'' to read as follows:


Sec.  90.209   Bandwidth limitations.

* * * * *
    (b) * * *
    (5) * * *

                       Table 1 to Sec.   90.209(b)(5)--Standard Channel Spacing/Bandwidth
----------------------------------------------------------------------------------------------------------------
                                                                                          Authorized bandwidth
                    Frequency band (MHz)                        Channel spacing (kHz)             (kHz)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
896-901/935-940 \7\.........................................                     12.5                      13.6
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\7\ 900 MHz broadband systems may operate on channels and with bandwidths pursuant to the rules specified in
  subpart P of part 27 of this chapter.


[[Page 43139]]

* * * * *

0
19. Section 90.210 is amended by revising the heading to the table, 
relocating it to the end of the section, and adding an entry in 
numerical order for ``896-901/935-940'' to read as follows:


Sec.  90.210   Emission masks.

* * * * *

                               Table 1 to Sec.   90.210--Applicable Emission Masks
----------------------------------------------------------------------------------------------------------------
                                                                                           Mask for equipment
                    Frequency band (MHz)                       Mask for equipment with   without audio low pass
                                                                audio low pass filter            filter
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
896-901/935-940 \7\.........................................                        I                         J
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\7\ Equipment used with 900 MHz broadband systems operating under subpart P of part 27 of this chapter is
  subject to the emission limitations in Sec.   27.1509 of this chapter.


0
20. Section 90.213 is amended by revising the heading to the table in 
paragraph (a) and adding entries in numerical order for ``896-901'' and 
``935-940'' to read as follows:


Sec.  90.213   Frequency stability.

    (a) * * *

                            Table 1 to Sec.   90.213(a)--Minimum Frequency Stability
                                            [Parts per million (ppm)]
----------------------------------------------------------------------------------------------------------------
                                                                                          Mobile stations
                                                                                 -------------------------------
                      Frequency range (MHz)                       Fixed and base                    2 watts or
                                                                     stations      Over 2 watts     less output
                                                                                   output power        power
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
896-901 \15\....................................................        \14\ 0.1             1.5             1.5
 
                                                  * * * * * * *
935-940 \15\....................................................             0.1             1.5             1.5
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\15\ Equipment used with 900 MHz broadband systems operating under subpart P of part 27 of this chapter is
  exempt from the frequency stability requirements of this section. Instead, the frequency stability shall be
  sufficient to ensure that the fundamental emissions stay within the authorized bands of operation.

* * * * *

0
21. Section 90.601 is revised to read as follows:


Sec.  90.601   Scope.

    This subpart sets out the regulations governing the licensing and 
operations of all systems operating in the 806-824/851-869 MHz and the 
narrowband operations in the 896-901/935-940 MHz bands. It includes 
eligibility requirements, and operational and technical standards for 
stations licensed in these bands. It also supplements the rules 
regarding application procedures contained in part 1, subpart F of this 
chapter. The rules in this subpart are to be read in conjunction with 
the applicable requirements contained elsewhere in this part; however, 
in case of conflict, the provisions of this subpart shall govern with 
respect to licensing and operation in these frequency bands.

0
22. Section 90.603 is amended by revising the introductory text to read 
as follows:


Sec.  90.603   Eligibility.

    Except as specified in Sec.  90.616, the following persons are 
eligible for licensing in the 806-824 MHz, 851-869 MHz, 896-901 MHz, 
and 935-940 MHz bands.
* * * * *

0
23. Section 90.613 is amended by revising the introductory text to read 
as follows:


Sec.  90.613   Frequencies available.

    The following table indicates the channel designations of 
frequencies available for assignment to eligible applicants under this 
subpart. Frequencies shall be assigned in pairs, with mobile and 
control station transmitting frequencies taken from the 806-824 MHz 
band with corresponding base station frequencies being 45 MHz higher 
and taken from the 851-869 MHz band, or with mobile and control station 
frequencies taken from the 896-901 MHz band with corresponding base 
station frequencies being 39 MHz higher and taken from the 935-940 MHz 
band. For operations in the 897.5-900.5 MHz and 936.5-939.5 MHz bands 
(Channels 120-360), no new applications will be accepted in a 
transitioned market for a narrowband system under part 90, subpart S of 
this chapter. Only the base station transmitting frequency of each pair 
is listed in the following table.
* * * * *

0
24. Add Sec.  90.616 to read as follows:


Sec.  90.616   896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz 
narrowband segments.

    (a) In a transitioned market, the narrowband segments of realigned 
900 MHz spectrum (i.e., the 896-897.5/935-

[[Page 43140]]

936.5 MHz and 900.5-901/939.5-940 MHz bands (Paired channels 1-119 and 
361-399 as specified in Sec.  90.613)) are designated for the following 
entities:
    (1) Applicants eligible in the Industrial/Business Pool of subpart 
C of this part;
    (2) Business/Industrial/Land Transportation Pool and Specialized 
Mobile Radio licensees authorized as of September 13, 2018, for 
continuing operations; and
    (3) Business/Industrial/Land Transportation Pool and Specialized 
Mobile Radio licensees authorized as of September 13, 2018, for 
relocation to the new narrowband segments from the broadband segment 
pursuant to part 27, subpart P, of this chapter.
    (b) Applications for new authorizations will only be accepted from 
applicants specified in paragraph (a)(1) of this section.
    (c) Table 1 to Sec.  90.616(c) indicates the channels available in 
transitioned markets to the entities set forth in paragraph (a) of this 
section. These frequencies are available in transitioned markets in 
non-border areas and the U.S./Mexico border area. For multi-channel 
systems, channels may be grouped vertically or horizontally as they 
appear in the following table.

Table 1 to Sec.   90.616(c)--Channels in the 896-897.5/935-936.5 MHz and
    900.5-901/939.5-940 MHz Frequency Bands in Tran- sitioned Markets
    [In non-border areas and in the United States/Mexico border area]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1-2-3-4-5.................................  81-82-83-84-85.
6-7-8-9-10................................  86-87-88-89-90.
11-12-13-14-15............................  91-92-93-94-95.
16-17-18-19-20............................  96-97-98-99-100.
21-22-23-24-25............................  101-102-103-104-105.
26-27-28-29-30............................  106-107-108-109-110.
31-32-33-34-35............................  111-112-113-114-115.
36-37-38-39-40............................  116-117-118-119.
41-42-43-44-45............................  361-362-363-364-365.
46-47-48-49-50............................  366-367-368-369-370.
51-52-53-54-55............................  371-372-373-374-375.
56-57-58-59-60............................  376-377-378-379-380.
61-62-63-64-65............................  381-382-383-384-385.
66-67-68-69-70............................  386-387-388-389-390.
71-72-73-74-75............................  391-392-393-394-395.
76-77-78-79-80............................  396-397-398-399.
------------------------------------------------------------------------

    (d) Table 2 to Sec.  90.616(d) indicates the channels available in 
transitioned markets to the entities set forth in paragraph (a) of this 
section, available for use in the U.S./Canada border area.

  Table 2 to Sec.   90.616(d)--Channels in the 896-897.5/935-936.5 and
     900.5-901/939.5-940 MHz Frequency Bands in Transitioned Markets
                Available in the U.S./Canada Border Area
------------------------------------------------------------------------
      Region         Location (longitude)             Channels
------------------------------------------------------------------------
1................  66[deg] W-71[deg] W (0-  1-119, 398, 399.
                    100 km from border).
2................  71[deg] W-80[deg]30' W   1-119.
                    (0-100 km from border).
3................  80[deg]30' W-85[deg] W   1-119.
                    (0-100 km from border).
4................  85[deg] W-121[deg]30' W  1-119, 398, 399.
                    (0-100 km from border).
5................  121[deg]30' W-127[deg]   1-119, 398, 399.
                    W (0-140 km from
                    border).
6................  127[deg] W-143[deg] W    1-119, 398, 399.
                    (0-100 km from border).
7................  66[deg] W-121[deg]30' W  1-119, 361-399.
                    (100-140 km from
                    border).
8................  127[deg] W-143[deg] W    1-119, 361-399.
                    (100-140 km from
                    border).
------------------------------------------------------------------------

    (e) Table 3 to Sec.  90.616(e) indicates additional channels 
available in transitioned markets to the entities set forth in 
paragraph (a) of this section, available for use in the U.S./Canada 
border area. The channels listed in Table 3 are available for 
assignment in Regions 1-6 if the maximum power flux density (PFD) of 
the station's transmitted signal does not exceed the limits specified 
in tables 29 and 30 of Sec.  90.619 of this chapter.

   Table 3 to Sec.   90.616(e)--Additional Channels Available in Tran-
             sitioned Markets in the U.S./Canada Border Area
                              [Regions 1-6]
------------------------------------------------------------------------
                              Channel
           Region              No.'s        Effective radiated power
------------------------------------------------------------------------
1..........................   361-397  See Table 29 of section 90.619.
2..........................   361-399  See Table 29 of section 90.619.
3..........................   361-399  See Table 29 of section 90.619.
4..........................   361-397  See Table 29 of section 90.619.
5..........................   361-397  See Table 30 of section 90.619.
6..........................   361-397  See Table 29 of section 90.619.
------------------------------------------------------------------------


0
25. Section 90.617 is amended by revising the introductory text of 
paragraphs (c) and (f) 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.

* * * * *
    (c) Except as specified in Sec.  90.616, the channels listed in 
Table 3 of this section are available to applicants eligible in the 
Industrial Business Pool of subpart C of this part but exclude 
Specialized Mobile Radio Systems as defined in Sec.  90.603(c). These 
frequencies are available in non-border areas. Specialized Mobile Radio 
(SMR) systems will not be authorized on these frequencies. These 
channels are available for intercategory sharing as indicated in Sec.  
90.621(e).
* * * * *
    (f) Except as specified in Sec.  90.616, the channels listed in 
Table 6 of this section are available for operations only to eligibles 
in the SMR category--which consists of Specialized Mobile Radio (SMR) 
stations and eligible end users. These frequencies are available in 
non-border areas. The spectrum blocks listed below are available for 
EA-based services according to Sec.  90.681.
* * * * *

0
26. Section 90.619 is amended by revising paragraphs (b)(1) 
introductory text, (b)(2) introductory text, (d)(1) introductory text, 
(d)(3) introductory text, (d)(4) and (5), and (d)(6) introductory text 
to read as follows:


Sec.  90.619   Operations within the U.S./Mexico and U.S./Canada border 
areas.

* * * * *
    (b) * * *
    (1) Except as specified in Sec.  90.616, the channels listed in 
Table 1 of this section are available to applicants eligible in the 
Industrial/Business Pool of subpart C of this part but exclude 
Specialized Mobile Radio Systems as defined in Sec.  90.603(c). These 
frequencies are available within the Mexico border region. Specialized 
Mobile Radio (SMR) systems will not be authorized on these frequencies. 
For multi-channel systems, channels may be grouped vertically or 
horizontally as they appear in the following table. Channels numbered 
above 200 may be used only subject to the power flux density limits 
stated in paragraph (a)(2) of this section:
* * * * *
    (2) Except as specified in Sec.  90.616, the channels listed in 
Table 2 of this section are available for operations only to eligibles 
in the SMR category--which consists of Specialized Mobile Radio (SMR) 
stations and eligible end users. These frequencies are available in the 
Mexico border region. The spectrum blocks listed in the table below are

[[Page 43141]]

available for EA-based services according to Sec.  90.681.
* * * * *
    (d) * * *
    (1) Except as specified in Sec.  90.616, channels 1-399, as listed 
in Sec.  90.613 table of 896-901/935-940 MHz Channel Designations, are 
available to eligible applicants for use in the U.S./Canada border area 
as shown in table 27.
* * * * *
    (3) In Region 5, except as specified in Sec.  90.616, channels 201-
397 may be authorized in the United States under the following 
conditions:
* * * * *
    (4) Except as specified in Sec.  90.616, channel assignments for 
stations to be located in the geographical area in Region 1 enclosed by 
the United States-Canada border, the meridian 71[deg] W and the line 
beginning at the intersection of 44[deg]25' N, 71[deg] W, then running 
by great circle arc to the intersection of 45[deg] N, 70[deg] W, then 
North along meridian 70[deg] W to the intersection of 45[deg]45' N, 
then running West along 45[deg]45' N to the intersection of the United 
States-Canada border, will be only for channels 121 through 160, 
inclusive, and will be limited to assignments with 11 kHz or less 
necessary bandwidth. Coordination with Canada will be required for 
these channels.
    (5) Except as specified in Sec.  90.616, channel assignments for 
stations to be located in the geographical area in Region 3 enclosed by 
the meridian of 81[deg] W longitude, the arc of a circle of 100 km 
radius centered at 42[deg]39'30'' N latitude and 81[deg] W longitude at 
the northern shore of Lake Erie and drawn clockwise from the southerly 
intersection with 80[deg]30' W longitude to intersect the United 
States-Canada border West of 81[deg] W, and the United States-Canada 
border, will be only for channels 121 through 230, inclusive, and will 
be limited to assignments with 11 kHz or less necessary bandwidth. 
Coordination with Canada will be required for these channels. U.S. 
stations must protect Canadian stations operating on channels 121 
through 230 within an area of 30 km radius from the center city 
coordinates (referenced to North American Datum 1983 (NAD83)) of 
London, Ontario (42[deg]59'00.1'' N, 81[deg]13'59.5'' W).
    (6) Additional channels available: Except as specified in Sec.  
90.616, the channels listed in table 28 are available for assignment in 
Regions 1-6 if the maximum power flux density (PFD) of the station's 
transmitted signal does not exceed the limits specified in tables 29 
and 30 in this section. The spreading loss shall be calculated using 
the free space formula taking into account any antenna discrimination 
in the direction of the border.
* * * * *

0
27. Section 90.672 is revised to read as follows:


Sec.  90.672   Unacceptable interference to non-cellular 800 MHz 
licensees from 800 MHz cellular systems or part 22 Cellular 
Radiotelephone systems, and within the 900 MHz narrowband segments, and 
to narrowband 900 MHz licensees from 900 MHz broadband licensees.

    (a) Definition. Except as provided in 47 CFR 90.617(k), 
unacceptable interference to non-cellular licensees in the 800 MHz band 
from 800 MHz cellular systems or part 22 of this chapter, Cellular 
Radiotelephone systems; unacceptable interference within the 900 MHz 
narrowband segment; and unacceptable interference to narrowband 900 MHz 
licensees from 900 MHz broadband licensees, will be deemed to occur 
when the below conditions are met:
    (1) A transceiver at a site at which interference is encountered:
    (i) Is in good repair and operating condition, and is receiving:
    (A) From the 800 MHz band, a median desired signal strength of -104 
dBm or higher if operating in the 800 MHz band, or a median desired 
signal strength of -88 dBm if operating in the 900 MHz narrowband 
segment, as measured at the R.F. input of the receiver of a mobile 
unit; or
    (B) From the 800 MHz band, a median desired signal strength of -101 
dBm or higher if operating in the 800 MHz band, or a median desired 
signal strength of -85 dBm if operating in the 900 MHz narrowband 
segment; or, as measured at the R.F. input of the receiver of a 
portable i.e., hand-held unit;
    (C) From the 900 MHz broadband segment, a median desired signal 
strength of -104 dBm or higher if operating in the 900 MHz narrowband 
segment, as measured at the R.F. input of the receiver of a mobile 
unit; or
    (D) From the 900 MHz broadband segment, median desired signal 
strength of -101 dBm or higher if operating in the 900 MHz narrowband 
segment, as measured at the R.F. input of the receiver of a portable, 
i.e., hand-held unit; and either
    (ii) Is a voice transceiver:
    (A) With manufacturer published performance specifications for the 
receiver section of the transceiver equal to, or exceeding, the minimum 
standards set out in paragraph (b) of this section, and;
    (B) Receiving an undesired signal or signals which cause the 
measured Carrier to Noise plus Interference (C/(I + N)) ratio of the 
receiver section of said transceiver to be less than 20 dB if operating 
in the 800 MHz band, or less than 17 dB if operating in the 900 MHz 
narrowband segment, or;
    (iii) Is a non-voice transceiver receiving an undesired signal or 
signals which cause the measured bit error rate (BER) (or some 
comparable specification) of the receiver section of said transceiver 
to be more than the value reasonably designated by the manufacturer.
    (2) Provided, however, that if the receiver section of the mobile 
or portable voice transceiver does not conform to the standards set out 
in paragraph (b) of this section, then that transceiver shall be deemed 
subject to unacceptable interference only at sites where the median 
desired signal satisfies the applicable threshold measured signal power 
in paragraph (a)(1)(i) of this section after an upward adjustment to 
account for the difference in receiver section performance. The upward 
adjustment shall be equal to the increase in the desired signal 
required to restore the receiver section of the subject transceiver to 
the 20 dB C/(I + N) ratio of paragraph (a)(1)(ii)(B) of this section. 
The adjusted threshold levels shall then define the minimum measured 
signal power(s) in lieu of paragraph (a)(1)(i) of this section at which 
the licensee using such non-compliant transceiver is entitled to 
interference protection.
    (b) Minimum receiver requirements. Voice transceivers capable of 
operating in the 806-824 MHz portion of the 800 MHz band, or in the 900 
MHz narrowband segment, shall have the following minimum performance 
specifications in order for the system in which such transceivers are 
used to claim entitlement to full protection against unacceptable 
interference. (See paragraph (a)(2) of this section.)
    (1) Voice units intended for mobile use: 75 dB intermodulation 
rejection ratio; 75 dB adjacent channel rejection ratio; -116 dBm 
reference sensitivity.
    (2) Voice units intended for portable use: 70 dB intermodulation 
rejection ratio; 70 dB adjacent channel rejection ratio; -116 dBm 
reference sensitivity.
    (3) Voice units intended for mobile or portable use in the 900 MHz 
narrowband segment: 60 dB intermodulation rejection ratio; 60 dB 
adjacent channel rejection ratio; -116 dBm reference sensitivity.

[FR Doc. 2020-11897 Filed 7-15-20; 8:45 am]
BILLING CODE 6712-01-P