[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Rules and Regulations]
[Pages 58645-58658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28975]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR PARTS 2 AND 90
[WT Docket No. 96-86; FCC 98-191]
The Development of Technical and Spectrum Requirements for
Meeting Federal, State and Local Public Safety Agency Communication
Requirements Through the Year 2010, Establishment of Rules and
Requirements for Priority Access Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Federal Communications Commission (Commission) adopted a
First Report and Order (``First Report'') contemporaneously with a
Third Notice of Proposed Rulemaking that is summarized elsewhere in
this edition of the Federal Register. In the First Report, the
Commission amends its rules relating to public safety communications in
the 764-806 MHz band (``700 MHz band'') that the Commission previously
reallocated for public safety services and in general. This action
commences the process of assigning licenses for frequencies in the 700
MHz band and addresses an urgent need for additional public safety
radio spectrum and the need for nationwide interoperability among
local, state, and federal entities. By this action, the Commission also
takes additional steps toward achieving its goals of developing a
flexible regulatory framework to meet vital current and future public
safety communications needs and ensuring that sufficient spectrum to
accommodate efficient, effective telecommunications facilities and
services will be available to satisfy public safety communications
needs into the 21st century.
DATES: Effective January 4, 1999, except for Secs. 90.523, 90.527,
90.545, and 90.551 which contain information collection requirements
that are not effective until approved by the Office of Management and
Budget. FCC will publish a document in the Federal Register announcing
the effective date for those sections. Written comments on these
revised and modified information collection requirements should be
submitted on or before December 2, 1998. If you anticipate that you
will be submitting comments, but find it difficult to do so within the
period of time allowed by this notice, you should advise the contact
listed below as soon as possible.
ADDRESSES: Direct all comments on the revised information collection
requirements to Judy Boley, Federal Communications Commission, Room
234, 1919 M St., N.W., Washington, DC 20554 or via internet to
jboley@fcc.gov., and to Timothy Fain, OMB Desk Officer, 10236 NEOB,
725-17th Street, N.W., Washington, D.C. 20503, or via the internet to
fain__t@eop.gov.
FOR FURTHER INFORMATION CONTACT: Peter Daronco or Michael Pollak, at
the Public Safety & Private Wireless Division, (202) 418-0680. For
additional information concerning the information collections contained
in this First Report, contact Judy Boley at (202) 418-0214, or via the
Internet at jboley@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First
Report in WT Docket No. 96-86, adopted on August 6, 1998, and released
on September 29, 1998, contemporaneously with a Third Notice of
Proposed Rulemaking (``Third Notice'') in WT Docket No. 96-86
(collectively FCC 98-191). The Third Notice is summarized elsewhere in
this edition of the Federal Register. The full text of the First Report
and Third Notice is available for inspection and copying during normal
business hours in the FCC Reference Center, Room 239, 1919 M Street,
NW, Washington, DC. The complete text of this decision may also be
purchased from the Commission's duplicating contractor, International
Transcription Services, 1231 20th Street, NW, Washington, DC 20036,
202-857-3800. Alternative formats (computer diskette, large print,
audio cassette and Braille) are available to persons with disabilities
by contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or
at mcontee@fcc.gov. The complete (but unofficial) text is also
available under the name ``fcc98191.wp'' on the Commission's Internet
site at http://www.fcc.gov/Bureaus/Wireless/Orders/1998/index.html>.
Paperwork Reduction Act
The Federal Communications Commission, as part of its continuing
effort to reduce paperwork burden invites the general public and other
Federal agencies to take this opportunity to comment on the following
proposed and/or continuing information collections, as required by the
Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not
conduct or sponsor a collection of information unless it displays a
currently valid control number. No person shall be subject to any
penalty for failing to comply with a collection of information subject
to the Paperwork Reduction Act (PRA) that does not display a valid
control number. Comments are requested concerning (a) whether the
proposed collection of information is necessary for the proper
performance of the functions of the Commission, including whether the
information shall have practical utility; (b) the accuracy of the
Commissions burden estimates; (c) ways to enhance the quality, utility,
and clarity of the information collected; and (d) ways to minimize the
burden of the collection of information on the respondents, including
the use of automated collection techniques or other forms of
information technology.
OMB Approval Number: 3060-0221.
Title: 90.155 Time in which station must be placed in operation.
Form No.: N/A.
Type of Review: Revision of a previously approved collection.
[[Page 58646]]
Respondents: Business or other for-profit.
Number of Respondents: 2,055.
Estimated Time Per Response: 1 hours.
Total Annual Burden: 2,055 hours.
Frequency of Response: On occasion.
Total Annual Cost: No annual cost burden on respondents from either
capital or start-up costs.
Needs and Uses: The information collection requirement contained in
Sec. 90.155 is needed to provide flexibility to state and local
governments that would normally be unable to meet the requirement of
placing their radio station in operation within 8 months or 12 months,
as applicable. The information is used to evaluate if the exception to
construction and operation requirement is warranted. If the information
was not collected the Commission's information regarding actual loading
of frequencies would be inaccurate. As a result of the record developed
in response to the Second Notice of Proposed Rulemaking, 62 FR 60199,
November 7, 1997 (Second Notice), the Commission decided in the First
Report to extend the scope of the flexibility provisions of Sec. 90.155
to state and local governmental licensees in the 700 MHz band. As this
decision modifies the information collection for Sec. 90.155 as
previously approved by OMB, the Commission is now revising the total
burden hours to approximately 2,055 respondents that would take an
average of one hour to comply with the rules.
OMB Approval Number: 3060-0805.
Title: 90.527 Regional plan requirements, 90.523 Eligibility, &
90.545 TV/DTV interference protection criteria.
Form No.: N/A.
Type of Review: Revision of a previously approved collection.
Respondents: State or local governmental entities.
Number of Respondents: There is a potential of 65,656 respondents
but it is anticipated that there will only be 26,656 responses.
Estimated Time Per Response: 24.3 hours.
Total Annual Burden: 647,675.
Frequency of Response: On occasion.
Total Annual Cost: No annual cost burden on respondents from either
capital or start-up costs.
Needs and Uses: The First Report in WT Docket No. 96-86 amended
service rules to make the spectrum available for licensing to public
safety entities in accordance with the 1997 Budget Act. In order to
satisfy local and regional needs and preferences, the Commission
required submission of regional plans drafted by planning committees
made up of representatives from the public safety community. Creation
of these plans will necessarily impose some burden, both on the
eligible entities that make their needs known, and on the planners who
seek to accommodate them. The Commission also established a National
Coordination Committee that will develop and recommend national
standards for the operation and use of the spectrum allocated for
nationwide interoperability. These requirements differ from those
proposed in the Second Notice, in that the Commission established a
National Coordination Committee instead of two national committees to
develop national standards for the operation and use of the spectrum
allocated for nationwide interoperability. To be eligible for
licensing, the Commission also required nongovernmental organizations
to be specifically authorized by appropriate state or local
governmental agencies. Additionally, the Commission is requiring public
safety applicants to select one of three methods to meet TV/DTV
interference protection criteria. These changes increase the total
burden hours requested at the Notice of Proposed Rulemaking stage.
Synopsis of the First Report and Order
1. In 1993, Congress directed the Commission to develop a framework
to ensure that public safety communications needs are met through the
year 2010. Pursuant to that directive, the Commission issued a report
to Congress identifying a need to gather additional information on the
present and future communications requirements of public safety
agencies. In 1995, the Commission, together with the National
Telecommunications and Information Administration (NTIA), established
the Public Safety Wireless Advisory Committee (PSWAC), pursuant to the
Federal Advisory Committee Act (FACA), to provide advice and
recommendations regarding the communications needs of public safety
agencies through the year 2010. Shortly thereafter, the Commission
sought comment on a wide variety of public safety communications
issues, see Notice of Proposed Rule Making, 61 FR 25185, May 20, 1996
(First Notice), and in September 1996 the PSWAC Final Report was
submitted to the Commission as part of the record in this proceeding.
Briefly, the PSWAC Final Report found that the spectrum then allocated
to public safety was insufficient to support the current and projected
voice and data needs of the public safety community, did not provide
adequate capacity for obtaining interoperability, and was inadequate to
meet future needs, based on projected population growth and demographic
changes.
2. In the 1997 Budget Act, Congress directed the Commission to
reallocate 24 megahertz of spectrum (recovered from TV channels 60-69
as a result of digital television implementation) for public safety
services. The Commission adopted this reallocation on December 31,
1997. See ET Docket No. 97-157, Report and Order, 63 FR 6669, February
10, 1998, (recon. denied) Memorandum Opinion and Order, FCC 98-161
(rel. Oct. 9, 1998).
3. In the Second Notice in this proceeding (WT Docket 96-86), the
Commission continued its inquiry into the present and future public
safety communications needs and how best to use the newly reallocated
24 megahertz of spectrum in the 700 MHz band. It sought comment on a
broad range of options to promote the efficient and effective use of
the 700 MHz band to meet those needs. The Commission also noted that
the Second Notice did not address all the issues raised in the First
Notice or in the PSWAC Final Report and that, to the extent that
important issues remain, they would be addressed in future proceedings.
Fifty comments, forty reply comments, and numerous ex parte
presentations were received in response to the Second Notice.
4. The First Report fulfills the Congressional mandate expressed in
the Balanced Budget Act of 1997, Public Law 105-33, Sec. 3004, 111
Stat. 251 (1997) (1997 Budget Act), codified at 47 U.S.C. 337(a)(1), to
establish the terms and conditions that will govern use of the 24
megahertz of spectrum recently reallocated from broadcast to public
safety services. The statute defines in detail the services for which
Congress intends this spectrum to be used and requires the Commission
to establish service rules, by September 30, 1998, that will commence
the process of assigning licenses for this spectrum. The legislative
history reflects that the licensing commencement date was added to the
statute in light of the critical need for public safety spectrum in
some markets. As such, the service rules are balanced to give effect to
each provision of the statutory definition of public safety services
for which the spectrum is allocated, in order to commence licensing
expeditiously, and with minimal information submission requirements or
similar regulatory burdens. With these aims in mind, the Commission
also concluded that Congress expected it to draw on its extensive,
relevant experience in allocating and licensing other Private
[[Page 58647]]
Land Mobile Radio (PLMR) spectrum designated for public safety-related
activities.
5. The First Report establishes a band plan, eligibility criteria,
and other service rules necessary to commence the licensing process for
the new public safety spectrum in the 700 MHz band. The Commission's
band plan designates approximately 10 percent of the 700 MHz public
safety spectrum (a total of 2.6 megahertz) for nationwide interoperable
communications. Interoperability is the ability of units from two or
more government agencies to effectively interact with one another and
exchange the full range of information needed for public safety
entities to apply their best efforts to resolution of even the most
critical situations. As a result of the interaction of numerous
political, technological, financial and regulatory obstacles that work
to inhibit attempts to establish universal public safety
interoperability, this deficiency has persisted despite many years of
efforts to eradicate it. In view of this situation, we believe that it
is necessary for the Commission to dedicate sufficient spectrum to
nationwide interoperability, and charter a federal advisory committee
(The National Coordinating Committee [NCC]) that will develop
operational and technical recommendations. The operational
recommendations (e.g., protocols for prioritizing user access) of the
NCC will, however, be subject to Commission approval. Because the NCC
or a working group to develop and recommend technical standards will be
required to become American National Standards Institute-certified, the
Commission will not unnecessarily disturb technical standards
recommended through this open and neutral process.
6. The band plan also designates approximately 53 percent of the
new 700 MHz band (a total of 12.6 megahertz of spectrum) for general
(i.e., local, regional or state) use. Regional Planning Committees
(RPCs) will determine the specific uses of these channels, and they may
begin the planning process to use these channels upon release of the
First Report. This action is taken as part of the Commission's
compliance with its mandate under the Balanced Budget Act of 1997. The
First Report designates the remainder of the band (approximately 37
percent of the band or a total of 8.8 megahertz of spectrum) as
``reserve spectrum'' during the pendency of the Third Notice.
7. The band plan also accommodates all of the existing operational
modes that we described in the Second Notice (voice, data, image/hsd,
and video) but is also flexible enough to allow deployment of the
technologies of tomorrow. As recommended by some of the commenters, the
Commission divided the band into separate segments for narrowband and
wideband communications. To promote efficient spectrum usage and
flexibility, the Commission's band plan incorporates a ``building
block'' channelization approach, based on the smallest practical
channel sizes for narrowband and wideband public safety communications.
The RPCs will be allowed to combine these minimum size standard
channels, to create larger channels as needed to accommodate
transitional technology, such as 12.5 kHz voice and data, or
communications requiring wider bandwidths, such as 19.2 kilobits per
second (kbps) data. The Commission also adopted technical
specifications that enhance spectrum efficiency, promote nationwide
interoperability, and minimize harmful interference.
8. By establishing a flexible regulatory framework for public
safety use of the 700 MHz band, the Commission seeks to enable public
safety organizations to effectively use this new allocation for a
variety of operational modes (voice, data, image/high speed data (hsd),
and video), to promote competition in the equipment markets through
flexible technical standards, and to promote development of innovative
public safety technologies. The band plan is supported by a direct
outgrowth of the record and will provide some technical features common
to the entire band, while allowing local public safety entities,
through RPCs, the discretion to configure channels to meet their
individual needs. This band plan strikes an appropriate balance between
the standardization necessary to achieve nationwide interoperability,
the development of competitive equipment markets, and the degree of
regional flexibility necessary to allow entities the opportunity to
fashion approaches tailored to meet the individual needs of diverse
regional communities. The Commission also adopted technical regulations
sufficient to establish a general framework for seamless nationwide
interoperability, facilitate spectrum management, encourage efficient
and effective spectrum use, promote competition and avoid undue delays
in equipment development.
9.The First Report also establishes a three-pronged test for
determining eligibility to hold a license in the 700 MHz band which
follows the 1997 Budget Act definition of ``public safety services.''
The three prongs for determining eligibility are: (a) Purpose of use;
(b) identity of licensee; and (c) noncommercial proviso. Based on this
criteria, the Commission concluded that entities eligible to be
licensed in the 700 MHz band public safety spectrum are: (1) State and
local governments and (2) non-governmental organizations (NGOs)
expressly authorized by a state or local governmental entity whose
mission is the oversight of or provision of services to protect the
safety of life, health or property. In situations where a state or
local governmental licensee needs to communicate by radio with a public
safety service provider that is not licensed in the 700 MHz band, the
licensee may permit the unlicensed provider to share the use of its
system for noncommercial public safety services under 47 CFR 90.179 of
the Commission's Rules.
10. Federal public safety providers may be authorized to use the
public safety spectrum in the 700 MHz band pursuant to the existing
NTIA/FCC process for Federal government use of non-Federal government
spectrum, as set forth in part 2 of the Commission's Rules, 47 CFR
2.103. In sum, if a state or local governmental licensee desires for a
Federal public safety entity to receive access to some or all of its
licensed frequencies, the licensee can join in the request, under the
NTIA/FCC process, to authorize Federal use of its non-government
frequencies for noncommercial public safety services. The Commission
adopted conforming revisions to Sec. 2.103 to clarify the standards for
this process for spectrum governed by section 337 of the Act. Federal
use of the nationwide interoperability channels will be addressed in
the recommendations to the Commission made by the NCC.
11. The Commission will charter the NCC in accordance with the
procedural steps contained in the Federal Advisory Committee Act, 5
U.S.C., App. 2 (1988) (FACA) that will seek American National Standards
Institute (ANSI) certification and provide a national structure for use
of the 700 MHz band nationwide interoperability spectrum. The major
responsibilities of this committee will be to: (1) Formulate and submit
for Commission review and approval an operational plan to achieve
national interoperability that includes a shared or priority system
among users of the interoperability spectrum, for both day-to-day and
emergency operations, and recommendations regarding Federal users'
access to the interoperability spectrum; (2) recommend interoperability
technical standards for Commission review and approval; (3) provide
voluntary assistance in the development of coordinated regional
[[Page 58648]]
plans; and (4) provide general recommendations to the Commission on
operational plans of the public safety community.
12. The regional planning process to spectrum management adopted
for specific channels throughout the 700 MHz band designated as
``General Use'' (a total of 12.6 megahertz of spectrum) will be similar
to that which governs management of public safety spectrum in the 821-
824 MHz and the 866-869 MHz bands. See, e.g., 47 CFR 90.16. To allow
for additional flexibility, however, the Commission provides a
mechanism that allows states that either are included in multi-state
regions or have portions of their states included in more than one
region to opt out of their current regions and to form new regions
along geographical lines conforming to state boundaries. Thus, a state
split among more than one RPC may opt, through consensus of the state
representatives, to reform RPC boundaries so that the state
participates in a single RPC. Similarly, all representatives to RPCs
from the same state may, by consensus, create a new RPC that conforms
to the boundaries of that state.
13. The Commission will allow all of the certified public safety
frequency coordinators to provide coordination in the 700 MHz band, so
that competition among coordinators will provide incentives for lower
coordination fees and better quality services. The four Commission
certified public safety coordinators are: Association of Public-Safety
Communications Officials-International, Inc. (APCO) International
Association of Fire Chiefs, Inc. (IAFC)/International Municipal Signal
Association (IMSA); Forestry Conservation Communications Association
(FCCA); and American Association of State Highway and Transportation
Officials (AASHTO).
14. The Commission adopted geographic separation requirements based
on a 40 dB Desired-to-Undesired signal strength ratio (D/U) to protect
the TV/DTV stations and public safety spectrum users from harmful
interference to each other and to comply with the requirements of the
1997 Budget Act. The Commission emphasized that the necessity for
public safety licensees to share this 24 megahertz of spectrum with
both analog and digital TV broadcast stations until December 31, 2006
will require the utmost cooperation between the TV stations and the
public safety community.
15. The Commission adopted rules requiring that licenses for public
safety facilities proposed to be located within 75 miles of the U.S.-
Canada border or the U.S.-Mexico border be conditioned on avoiding
harmful interference to television station receivers in those
countries. The Commission also noted that additional licensing
conditions governing cross-border sharing between public safety and
television operations may be required after final agreements with the
governments of those countries are signed.
Administrative Matters
16. The First Report in WT Docket No. 96-86 also contained a Final
Regulatory Flexibility Act Analysis pursuant to the Regulatory
Flexibility Act, 5 U.S.C. 604. It is substantially as follows:
As required by the Regulatory Flexibility Act, 5 U.S.C. 603 (RFA),
Initial Regulatory Flexibility Analyses (IRFA) were incorporated in the
Notice of Proposed Rule Making (Public Safety Notice) and the Second
Notice of Proposed Rule Making (Second Notice) in WT Docket 96-86. The
Commission sought written public comments on the proposals in the
Public Safety Notice and Second Notice, including on the IRFAs. The
Commission's Final Regulatory Flexibility Analysis (FRFA) conforms to
the RFA, as amended by the Contract With America Advancement Act of
1996. 5 U.S.C. 604 Public Law 104-121, 110 Stat. 847 (1996) (CWAAA).
Title II of the CWAAA is ``The Small Business Regulatory Enforcement
Fairness Act of 1996'' (SBREFA).
Need For and Objective of the Rules
Our objective is to establish a band plan and adopt service rules
for 24 megahertz of spectrum in the 746-776 MHz and 794-806 MHz bands
(``700 MHz band''). The spectrum, which previously has been allocated
for use by television (TV) broadcasting on TV Channels 60-69, is now
being made available to meet various public safety communications needs
in accordance with 47 U.S.C. 337. Additionally, with these rules, we
designate 2.6 megahertz of spectrum in the 700 MHz band for
interoperability purposes. This will enable different agencies to
communicate across jurisdictions and with each other. With these rules,
we also adopt certain technical specifications that enhance spectrum
efficiency, promote nationwide interoperability, and minimize harmful
interference.
We sought comments on a broad range of options to achieve these
goals. The Second Notice contained a section, prompted by a Petition
for Rule Making filed by the National Communications System (NCS),
seeking comment on the establishment of Cellular Priority Access
Service (CPAS) designed to meet the communications needs of public
safety services in emergency and disaster situations. Second Notice, 12
FCC Rcd at 17,779-17,800. We have deferred action on this matter to a
later notice. In the First Report and Order section of this combined
First Report and Order and Third Notice of Proposed Rule Making
(hereinafter First Report and Third Notice as applicable), we continue
to progress toward our goal of developing a flexible regulatory
framework designed to provide sufficient spectrum for public safety
purposes and to ensure that efficient, effective telecommunications
facilities and services will be available to satisfy public safety
communications needs into the 21st century. Our actions herein also
continue the process of addressing the public safety spectrum
insufficiency cited by the Public Safety Wireless Advisory Committee
(PSWAC) in its Final Report.
In the First Report herein, we establish a band plan and adopt
service rules necessary to commence the process of assignment of
licenses for public safety stations to operate in the newly reallocated
spectrum at 746-776 MHz and 794-806 MHz (hereinafter ``the 700 MHz
band''). This new public safety spectrum allocation is the largest
single allocation ever made for public safety communications and
represents a significant public benefit that is derived from the
upcoming evolution of television broadcasting in the United States from
analog technology of the 1950s to state of the art digital technology.
In the 1997 Budget Act, Congress directed the Commission to commence
assignment of licenses for public safety services in the 700 MHz band
no later than September 30, 1998. Balanced Budget Act of 1997, Public
Law 105-33, Sec. 3004, 111 Stat. 251 (1997) (1997 Budget Act), codified
at 47 U.S.C. 337(b)(1). Our action herein will allow us to fulfill that
mandate. Additionally, we designate a portion of the 700 MHz band for
interoperability purposes, provide for national, state, and local roles
in the administration and channel coordination of the new band, adopt
eligibility and licensing rules, establish fundamental technical
criteria such as transmitting power limits, and adopt rules to protect
the service of transitional television broadcast stations from
interference.
Summary of Significant Issues Raised by the Public Comments in Response
to the Initial Regulatory Flexibility Analyses
In the IRFA, the Commission found that the rules we proposed to
adopt in
[[Page 58649]]
this proceeding may have a significant impact on a substantial number
of small businesses. The IRFA solicited comment on alternatives to our
proposed rules that would minimize the impact on small entities
consistent with the objectives of this proceeding. No comments were
submitted directly in response to the IRFAs. However, as described
below, we have taken into account the comments submitted generally by
small entities.
Description and Estimate of the Small Entities Involved
The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. 5 U.S.C. 603(b)(3). The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. A small business concern is one which: (1) is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA). A small organization is generally
``any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.'' Nationwide, as of 1992,
there were approximately 275,801 small organizations. ``Small
governmental jurisdiction'' generally means ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than 50,000.'' As of 1992, there
were approximately 85,006 such jurisdictions in the United States. This
number includes 38,978 counties, cities, and towns; of these, 37,566,
or 96 percent, have populations of fewer than 50,000. The Census Bureau
estimates that this ratio is approximately accurate for all
governmental entities. Thus, of the 85,006 governmental entities, we
estimate that 81,600 (91 percent) are small entities. Below, we further
describe and estimate the number of small entity licensees and
regulatees that may be affected by the proposed rules, if adopted.
Public Safety Radio Pool Licensees. As a general matter, Public
Safety Radio Pool licensees include police, fire, local government,
forestry conservation, highway maintenance, and emergency medical
services. Spectrum in the 700 MHz band for public safety services is
governed by 47 U.S.C. 337 which includes non-Federal governmental
entities as well as certain private businesses as potential licensees
for this spectrum. As indicated above in this FRFA, all governmental
entities with populations of less than 50,000 fall within the
definition of a small entity.
Radio and Television Equipment Manufacturers. We anticipate that at
least six radio equipment manufacturers will be affected by our
decisions in this proceeding. According to the SBA's regulations, a
radio and television broadcasting and communications equipment
manufacturer must have 750 or fewer employees in order to qualify as a
small business concern. Census Bureau data indicate that there are 858
U.S. firms that manufacture radio and television broadcasting and
communications equipment, and that 778 of these firms have fewer than
750 employees and would therefore be classified as small entities. We
do not have information that indicates how many of the six radio
equipment manufacturers associated with this proceeding are among these
778 firms. However, Motorola and Ericsson are major, nationwide radio
equipment manufacturers, and, thus, we conclude that these
manufacturers would not qualify as small businesses.
Television Stations. This First Report will affect full service TV
station licensees (Channels 60-69), TV translator facilities, and low
power TV (LPTV) stations. The Small Business Administration defines a
TV broadcasting station that has no more than $10.5 million in annual
receipts as a small business. TV broadcasting stations consist of
establishments primarily engaged in broadcasting visual programs by TV
to the public, except cable and other pay TV services. Included in this
industry are commercial, religious, educational, and other TV stations.
Also included are establishments primarily engaged in TV broadcasting
and which produce taped TV program materials. Separate establishments
primarily engaged in producing taped TV program materials are
classified under another SIC number.
There were 1,509 TV stations operating in the Nation in 1992. That
number has remained fairly constant as indicated by the approximately
1,551 operating TV broadcasting stations in the Nation as of February
28, 1997. For 1992 the number of TV stations that produced less than
$10.0 million in revenue was 1,155 establishments, or approximately 77
percent of the 1,509 establishments. There are currently 95 full
service analog TV stations, either operating or with approved
construction permits on channels 60-69. In the DTV Proceeding, we
adopted a DTV Table which provides only 15 allotments for DTV stations
on channels 60-69 in the continental United States. There are seven DTV
allotments in channels 60-69 outside the continental United States.
Thus, the rules will affect approximately 117 TV stations;
approximately 90 of those stations may be considered small businesses.
These estimates may overstate the number of small entities since the
revenue figures on which they are based do not include or aggregate
revenues from non-TV affiliated companies. We recognize that the rules
may also impact minority-owned and women-owned stations, some of which
may be small entities. In 1995, minorities owned and controlled 37 (3.0
percent) of 1,221 commercial TV stations in the United States.
According to the U.S. Bureau of the Census, in 1987 women owned and
controlled 27 (1.9 percent) of 1,342 commercial and non-commercial TV
stations in the United States.
There are currently 4,977 TV translator stations and 1,952 LPTV
stations. Approximately 1,309 low power TV and TV translator stations
are on channels 60-69 which could be affected by policies in this
proceeding. The Commission does not collect financial information of
any broadcast facility and the Department of Commerce does not collect
financial information on these broadcast facilities. We will assume for
present purposes, however, that most of these broadcast facilities,
including LPTV stations, could be classified as small businesses. As
indicated earlier, approximately 77 percent of TV stations are
designated under this analysis as potentially small businesses. Given
this, LPTV and TV translator stations would not likely have revenues
that exceed the SBA maximum to be designated as small businesses.
Summary of the Projected Reporting, Recordkeeping, and Other Compliance
Requirements
The First Report and Order adopts a number of rules that will
entail reporting, recordkeeping, and/or third party consultation.
However, the Commission believes that these requirements are the
minimum needed. The First Report and Order establishes a 700 MHz band
plan, and establishes and requires planning committees to develop and
submit to the Commission organizational and operational plans for the
use of this spectrum. Accordingly, this First Report and Order imposes
recordkeeping and reporting requirements on individuals or
organizations involved in establishing
[[Page 58650]]
the national and regional planning processes including the nationwide
interoperability plan, and on individuals and organizations that assist
us in developing technical standards, and on entities such as
applicants and licensees, that are subject to these plans, including
small government agencies who may request extended implementation.
Additionally, in accordance with 47 U.S.C. 337(f)(1)(B)(ii),
nongovernmental organizations (NGO) are required to submit, along with
their request to operate in the 700 MHz band, a written statement by
the authorizing state or local government entity supporting the NGO's
application.
Steps Taken by Agency To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
We have reduced economic burdens wherever possible. The regulatory
burdens we have retained, such as filing applications on appropriate
forms, are necessary in order to ensure that the public receives the
benefits of innovative new services in a prompt and efficient manner.
We have incorporated technical rules that promote competition in
the equipment market. We believe that the rules we adopt must be as
competitively and technologically-neutral as possible to allow for
competing equipment designs and to avoid hindering or precluding future
innovative technological developments. We note that tighter technical
specifications generally allow more intense spectrum use, but may
result in higher equipment costs. Conversely, while wider tolerances
may allow manufacturers to use less costly component parts in
transmitting equipment, they may also result in less efficient spectrum
use. With these considerations in mind, we believe the technical
regulations we adopt herein provide a reasonable balance of these
concerns.
Under the regional planning process, frequency coordination is now
competitive. Frequency coordination is the process by which a private
organization recommends to the Commission the most appropriate
frequencies for private land mobile radio (PLMR) service applicants.
Frequency coordinators provide a valuable service to the Commission by
eliminating common application errors, thereby improving the quality of
the applications, resolving potential interference problems at the
source. There are currently four frequency coordinators certified to
coordinate frequencies for public safety applicants. We have
authorized, for the general use portion of this band, each of the four
currently certified frequency coordinators to coordinate public safety
spectrum, whereas in the 800 MHz National Plan, coordination is limited
to APCO, the sole frequency coordinator. We continue to believe that by
encouraging competition among coordinators, we will promote cost-based
pricing of coordination services and provide incentives for enhancing
service quality. Therefore, we will allow any of the certified public
safety coordinators to provide coordination in the 700 MHz band.
To minimize any negative impact from the licensing plan we adopt
for the 700 MHz band, we have offered each state and local governments
the option of utilizing the existing infrastructure of the regional
planning process. Of the nation's 55 public safety regional planning
committees, most were designed along state boundaries. There were,
however, states that were divided into different regions and states in
multi-state regions; 700 MHz band committee memberships within each of
these states will have the option to agree to be part of only one
multistate region, or to form a region designated along state
boundaries.
Report to Congress: The Commission will send a copy of this First
Report and Order and Third Notice of Proposed Rule Making, including
this FRFA, in a report to be sent to Congress pursuant to the Small
Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
801(a)(1)(A). In addition, the Commission will send a copy of this
First Report and Order and Third Notice of Proposed Rule Making,
including this FRFA, to the Chief Counsel for Advocacy of the Small
Business Administration.
Ordering Clauses
17. Authority for issuance of this First Report and Order and Third
Notice of Proposed Rule Making is contained in Sections 4(i), 302,
303(f) and (r), 332, and 337 of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 302, 303(f) and (r), 332, 337.
18. Accordingly, it is ordered that Part 90 of the Commission's
Rules, 47 CFR Part 90, is amended effective January 4, 1999, except for
Secs. 90.523, 90.527, 90.545, and 90.551 which contain information
collection requirements that are not effective until approved by the
Office of Management and Budget. FCC will publish a document in the
Federal Register announcing the effective date for those sections.
19. It is further ordered that the Wireless Telecommunications
Bureau shall take all necessary steps, pursuant to the Federal Advisory
Committee Act, 5 U.S.C., App., to establish a Public Safety National
Coordination Committee, and charge the Committee with the duty, among
others to be set forth in the Committee Charter, with recommending a
national interoperability operational plan for review and approval by
the Commission as well as the technical standards in accordance with
American National Standards Institute process to apply to all public
safety interoperability channel equipment.
20. It is further ordered that the Commission's Office of Public
Affairs, Reference Operations Division, shall send a copy of this First
Report and Order and Third Notice of Proposed Rule Making including the
Final and Initial Regulatory Flexibility Analyses, to the Chief Counsel
for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Part 2
Communications equipment, Radio.
47 CFR Part 90
Administrative practice and procedure, Communications equipment,
Radio.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 2 and 90 as follows:
PART 2--FREQUENCY ALLOCATION AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
1. The authority citation for part 2 is revised to read as follows:
Authority: 47 U.S.C. 154, 302, 303, 307, 336, and 337, unless
otherwise noted.
2. Section 2.103 is revised to read as follows:
Sec. 2.103 Government use of non-Government frequencies.
(a) Government stations may be authorized to use non-Government
frequencies in the bands above 25 MHz (except the 764-776 MHz and 794-
806 MHz public safety bands) if the Commission finds that such use is
necessary for coordination of Government and non-Government activities:
Provided, however, that:
(1) Government operation on non-Government frequencies shall
conform with the conditions agreed upon by the Commission and the
National Telecommunications and Information
[[Page 58651]]
Administration (the more important of which are contained in paragraphs
(a)(2), (a)(3) and (a)(4) of this section);
(2) Such operations shall be in accordance with Commission rules
governing the service to which the frequencies involved are allocated;
(3) Such operations shall not cause harmful interference to non-
Government stations and, should harmful interference result, that the
interfering Government operation shall immediately terminate; and
(4) Government operation has been certified as necessary by the
non-Government licensees involved and this certification has been
furnished, in writing, to the Government agency with which
communication is required.
(b) Government stations may be authorized to use channels in the
764-776 MHz and 794-806 MHz public safety bands with non-Government
entities if the Commission finds such use necessary; where:
(1) The stations are used for interoperability or part of a
Government/non-Government shared or joint-use system;
(2) The Government entity obtains the approval of the non-
Government (State/local government) licensee(s) or applicant(s)
involved;
(3) Government operation is in accordance with the Commission's
Rules governing operation of this band and conforms with any conditions
agreed upon by the Commission and the National Telecommunications and
Information Administration; and
(4) Interoperability, shared or joint-use systems are the subject
of a mutual agreement between the Government and non-Government
entities. This section does not preclude other arrangements or
agreements as permitted under part 90 of the rules. See 47 CFR 90.179
and 90.421 of this chapter.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
3. The authority citation for Part 90 is revised to read as
follows:
Authority: Secs. 4, 251-2, 303, 309, 332 and 337, 48 Stat 1066,
1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 337, unless
otherwise noted.
4. Section 90.20 is amended by adding two entries to the table in
paragraph (c)(3) and by adding a new paragraph (d)(77), to read as
follows:
Sec. 90.20 Public Safety Pool.
* * * * *
(c) * * *
(3) * * *
Public Safety Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
Frequency or band Class of station(s) Limitations Coordinator
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
764 to 776............................. Base, mobile.............. 77 PX
794 to 806............................. Mobile.................... 77 PX
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
(d) * * *
(77) Subpart R of this part contains rules for assignment of
channels in the 764-776 MHz and 794-806 MHz bands.
* * * * *
5. Section 90.205 is amended by revising paragraph (i) to read as
follows:
Sec. 90.205 Power and antenna height limits.
* * * * *
(i) 764-776 MHz, 794-824 MHz, 851-869 MHz, 896-901 MHz and 935-940
MHz. Power and height limitations are specified in Sec. 90.635.
* * * * *
6. A new Subpart R is added to read as follows:
Subpart R--Regulations Governing the Licensing and Use of Frequencies
in the 764-776 and 794-806 MHz Bands
Sec.
90.521 Scope.
90.523 Eligibility.
90.527 Regional plan requirements.
90.531 Band plan.
90.533 Transmitting sites near the U.S./Canada or U.S./Mexico
border.
90.535 Modulation and spectrum usage efficiency requirements.
90.537 Trunking requirement.
90.539 Frequency stability.
90.541 Transmitting power limits.
90.543 Emission limitations.
90.545 TV/DTV interference protection criteria.
90.547 Interoperability channel capability requirement.
90.549 Transmitter certification.
90.551 Construction requirements.
Subpart R--Regulations Governing the Licensing and Use of
Frequencies in the 764-776 and 794-806 MHz Bands
Sec. 90.521 Scope.
This subpart sets forth the regulations governing the licensing and
operations of all systems operating in the 764-776 MHz and 794-806 MHz
frequency bands. It includes eligibility, operational, planning and
licensing requirements and technical standards for stations licensed in
these bands. 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.
Sec. 90.523 Eligibility.
This section implements the definition of public safety services
contained in 47 U.S.C. Sec. 337(f)(1). The following are eligible to
hold Commission authorizations for systems operating in the 764-776 MHz
and 794-806 MHz frequency bands:
(a) State or local government entities. Any territory, possession,
state, city, county, town, or similar State or local governmental
entity is eligible to hold authorizations in the 764-776 MHz and 794-
806 MHz frequency bands.
(b) Nongovernmental organizations. A nongovernmental organization
(NGO) that provides services, the sole or principal purpose of which is
to protect the safety of life, health, or property, is eligible to hold
an authorization for a system operating in the 764-776 MHz and 794-806
MHz frequency bands for transmission or reception of communications
essential to providing such services if (and only for so long as) the
NGO applicant/licensee:
(1) Has the written, ongoing support (to operate such system) of a
state or local governmental entity whose mission is the oversight of or
provision of services, the sole or principal purpose of which is to
protect the safety of life, health, or property; and
(2) Operates such authorized system solely for transmission of
communication essential to providing services the sole or principal
purpose of which is to protect the safety of life, health, or property.
[[Page 58652]]
(c) All NGO authorizations are conditional. NGOs assume all risks
associated with operating under conditional authority. Authorizations
issued to NGOs to operate systems in the 764-776 MHz and 794-806 MHz
frequency bands include the following condition: If at any time the
supporting governmental entity (see paragraph (b)(1)) notifies the
Commission in writing of such governmental entity's termination of its
authorization of a NGO's operation of a system in the 764-776 MHz and
794-806 MHz frequency bands, the NGO's application shall be dismissed
automatically or, if authorized by the Commission, the NGO's
authorization shall terminate automatically.
(d) Paragraphs (a) and (b) notwithstanding, no entity is eligible
to hold an authorization for a system operating in the 764-776 MHz and
794-806 MHz frequency bands on the basis of services, the sole or
principal purpose of which is to protect the safety of life, health or
property, that such entity makes commercially available to the public.
Sec. 90.527 Regional plan requirements.
Each regional planning committee must submit a regional plan for
approval by the Commission.
(a) Common elements. Regional plans must incorporate the following
common elements:
(1) Identification of the document as the regional plan for the
defined region with the names, business addresses, business telephone
numbers, and organizational affiliations of the chairpersons and all
members of the planning committee.
(2) A summary of the major elements of the plan and an explanation
of how all eligible entities within the region were given an
opportunity to participate in the planning process and to have their
positions heard and considered fairly.
(3) A general description of how the spectrum would be allotted
among the various eligible users within the region with an explanation
of how the requirements of all eligible entities within the region were
considered and, to the degree possible, met.
(4) An explanation as to how needs were assigned priorities in
areas where not all eligible entities could receive licenses.
(5) An explanation of how the plan had been coordinated with
adjacent regions.
(6) A detailed description of how the plan put the spectrum to the
best possible use by requiring system design with minimum coverage
areas, by assigning frequencies so that maximum frequency reuse and
offset channel use may be made, by using trunking, and by requiring
small entities with minimal requirements to join together in using a
single system where possible.
(7) A detailed description of the future planning process,
including, but not limited to, amendment process, meeting
announcements, data base maintenance, and dispute resolution.
(8) A certification by the regional planning chairperson that all
planning committee meetings, including subcommittee or executive
committee meetings, were open to the public.
(b) Modification of regional plans. Regional plans may be modified
by submitting a written request, signed by the regional planning
committee, to the Chief, Wireless Telecommunications Bureau. The
request must contain the full text of the modification, and must
certify that successful coordination of the modification with all
adjacent regions has occurred and that all such regions concur with the
modification.
Sec. 90.531 Band plan.
This section sets forth the band plan for the 764-776 MHz and 794-
806 MHz public safety bands.
(a) Base and mobile use. The 764-776 MHz band may be used for base,
mobile or fixed (repeater) transmissions. The 794-806 MHz band may be
used only for mobile or fixed (control) transmissions.
(b) Narrowband segments. There are four band segments that are
designated for use with narrowband emissions. Each of these narrowband
segments is divided into 480 channels having a channel size of 6.25 kHz
as follows:
------------------------------------------------------------------------
Frequency range Channel Nos.
------------------------------------------------------------------------
764-767 MHz................................ 1-480
773-776 MHz................................ 481-960
794-797 MHz................................ 961-1440
803-806 MHz................................ 1441-1920
------------------------------------------------------------------------
(1) Narrowband nationwide interoperability channels. The following
narrowband channels are designated for nationwide interoperability
licensing and use: 55, 56, 59, 60, 67, 68, 135, 136, 139, 140, 147,
148, 215, 216, 219, 220, 227, 228, 295, 296, 299, 300, 307, 308, 375,
376, 379, 380, 387, 388, 467, 468, 535, 536, 539, 540, 547, 548, 615,
616, 619, 620, 627, 628, 695, 696, 699, 700, 707, 708, 775, 776, 779,
780, 787, 788, 855, 856, 859, 860, 867, 868, 947, 948, 1015, 1016,
1019, 1020, 1027, 1028, 1095, 1096, 1099, 1100, 1107, 1108, 1175, 1176,
1179, 1180, 1187, 1188, 1255, 1256, 1259, 1260, 1267, 1268, 1335, 1336,
1339, 1340, 1347, 1348, 1427, 1428, 1495, 1496, 1499, 1500, 1507, 1508,
1575, 1576, 1579, 1580, 1587, 1588, 1655, 1656, 1659, 1660, 1667, 1668,
1735, 1736, 1739, 1740, 1747, 1748, 1815, 1816, 1819, 1820, 1827, 1828,
1907, 1908.
(2) Reserved narrowband channels. The following narrowband channels
are reserved pending further Commission action in WT Docket No. 96-86
(proceeding pending): 53, 54, 57, 58, 61-66, 69-80, 133, 134, 137, 138,
141-146, 149-160, 213, 214, 217, 218, 221-226, 229-240, 293, 294, 297,
298, 301-306, 309-320, 373, 374, 377, 378, 381-386, 389-400, 453-466,
469-480, 533, 534, 537, 538, 541-546, 549-560, 613, 614, 617, 618, 621-
626, 629-640, 693, 694, 697, 698, 701-706, 709-720, 773, 774, 777, 778,
781-786, 789-800, 853, 854, 857, 858, 861-866, 869-880, 933-946, 949-
960, 1013, 1014, 1017, 1018, 1021-1026, 1029-1040, 1093, 1094, 1097,
1098, 1101-1106, 1109-1120, 1173, 1174, 1177, 1178, 1181-1186, 1189-
1200, 1253, 1254, 1257, 1258, 1261-1266, 1269-1280, 1333, 1334, 1337,
1338, 1341-1346, 1349-1360, 1413-1426, 1429-1440, 1493, 1494, 1497,
1498, 1501-1506, 1509-1520, 1573, 1574, 1577, 1578, 1581-1586, 1589-
1600, 1653, 1654, 1657, 1658, 1661-1666, 1669-1680, 1733, 1734, 1737,
1738, 1741-1746, 1749-1760, 1813, 1814, 1817, 1818, 1821-1826, 1829-
1840, 1893-1906, 1909-1920.
(3) Narrowband general use channels. All narrowband channels
established in paragraph (b), other than those listed in paragraphs
(b)(1) and (b)(2), are designated for exclusive assignment to public
safety eligibles subject to Commission-approved regional planning
committee regional plans.
(c) Wideband segments. There are two band segments that are
designated for use with wideband emissions. Each of these wideband
segments is divided into 120 channels having a channel size of 50 kHz
as follows:
------------------------------------------------------------------------
Frequency range Channel Nos.
------------------------------------------------------------------------
767-773 MHz................................ 1-120
797-803 MHz................................ 121-240.
------------------------------------------------------------------------
(1) Wideband nationwide interoperability channels. The following
wideband channels are designated for nationwide interoperability
licensing and use: 7-9, 34-36, 58-63, 85-87, 112-114, 127-129, 154-156,
178-183, 205-207, 232-234.
(2) Reserved wideband channels. The following wideband channels are
reserved pending further Commission action in WT Docket No. 96-86
(proceeding pending): 1-6, 37-57, 64-
[[Page 58653]]
84, 115-126, 157-177, 184-204, 235-240.
(3) Wideband general use channels. All wideband channels
established in paragraph (c), except for those listed in paragraphs
(c)(1) and (c)(2), are designated for shared assignment to public
safety eligibles subject to Commission-approved regional planning
committee regional plans.
(d) Combining channels. At the discretion of the appropriate
regional planning committee, contiguous channels may be used in
combination in order to accommodate requirements for larger bandwidth
emissions, in accordance with this paragraph. As an exception to this
general rule, channels designated for nationwide interoperability use
must not be combined with channels that are not designated for
nationwide interoperability use.
(1) Narrowband. Two or four contiguous narrowband (6.25 kHz)
channels may be used in combination as 12.5 kHz or 25 kHz channels,
respectively. The lower (in frequency) channel for two channel
combinations must be an odd (i.e., 1, 3, 5 8 * * *) numbered channel.
The lowest (in frequency) channel for four channel combinations must be
a channel whose number is equal to 1+(4 x n), where n = any integer
between 0 and 479, inclusive (e.g., channel number 1, 5, * * * 1917).
Channel combinations are designated by the lowest and highest channel
numbers separated by a hyphen, e.g., ``1-2'' for a two channel
combination and ``1-4'' for a four channel combination.
(2) Wideband. Two or three contiguous wideband (50 kHz) channels
may be used in combination as 100 kHz or 150 kHz channels,
respectively. The lower (in frequency) channel for two channel
combinations must be a channel whose number is equal to 1+(3 x n) or
2+(3 x n), where n = any integer between 0 and 79, inclusive (e.g.,
channel number 1, 2, 5, 6, * * * 238, 239). The lowest (in frequency)
channel for three channel combinations must be a channel whose number
is equal to 1+(3 x n), where n = any integer between 0 and 79,
inclusive (e.g., channel number 1, 5, * * * 238). Channel combinations
are designated by the lowest and highest channel numbers separated by a
hyphen, e.g., ``1-2'' for a two channel combination and ``1-3'' for a
three channel combination.
(e) Channel pairing. In general, channels must be planned and
assigned in base/mobile pairs that are separated by 30 MHz. However,
until December 31, 2006, channels other than those listed in paragraphs
(b)(1) and (c)(1), may be planned and assigned in base/mobile pairs
having a different separation, where necessary because 30 MHz base/
mobile pairing is precluded by the presence of one or more co-channel
or adjacent channel TV/DTV broadcast stations.
Sec. 90.533 Transmitting sites near the U.S./Canada or U.S./Mexico
border.
This section applies to each license to operate one or more public
safety transmitters in the 764-776 MHz and 794-806 MHz bands, at a
location or locations North of Line A (see Sec. 90.7) or within 120
kilometers (75 miles) of the U.S.-Mexico border, until such time as
agreements between the government of the United States and the
government of Canada or the government of the United States and the
government of Mexico, as applicable, become effective governing border
area non-broadcast use of these bands. Public safety licenses are
granted subject to the following conditions:
(a) Operation of public safety transmitters must not cause harmful
interference to the reception of television broadcasts transmitted by
UHF TV broadcast stations located in Canada or Mexico. In addition,
public safety base, control, and mobile transmitters must comply with
the interference protection criteria in Sec. 90.545 for TV/DTV stations
in Canada and Mexico.
(b) Public safety facilities must accept any interference that may
be caused by operations of UHF television broadcast transmitters in
Canada and Mexico.
(c) Conditions may be added during the term of the license, if
required by the terms of international agreements between the
government of the United States and the government of Canada or the
government of the United States and the government of Mexico, as
applicable, regarding non-broadcast use of the 764-776 MHz and 794-806
MHz bands.
Sec. 90.535 Modulation and spectrum usage efficiency requirements.
Transmitters designed to operate in 764-776 MHz and 794-806 MHz
frequency bands must meet the following modulation standards:
(a) All transmitters in the 764-776 MHz and 794-806 MHz frequency
bands must use digital modulation. Mobile and portable transmitters may
have analog modulation capability only as a secondary mode in addition
to its primary digital mode.
(b) Transmitters designed to operate in the narrowband segment
using digital modulation must be capable of maintaining a data
throughput of not less than 4.8 kbps in a 6.25 kHz bandwidth.
(c) Transmitters designed to operate in the wideband segment using
digital modulation must be capable of maintaining a data throughput of
not less than 384 kbps in a 150 kHz bandwidth.
Sec. 90.537 Trunking requirement.
All systems using six or more narrowband channels in the 764-776
MHz and 794-806 MHz frequency bands must be trunked systems, except for
those using the designated nationwide interoperability channels.
Sec. 90.539 Frequency stability.
Transmitters designed to operate in 764-776 MHz and 794-806 MHz
frequency bands must meet the frequency stability requirements in this
section.
(a) Mobile, portable and control transmitters must normally use
automatic frequency control (AFC) to lock on to the base station
signal.
(b) The frequency stability of base transmitters operating in the
narrowband segment must be 100 parts per billion or better.
(c) The frequency stability of mobile, portable and control
transmitters operating in the narrowband segment must be 400 parts per
billion or better when AFC is locked to a base station, and 2.5 parts
per million or better when AFC is not locked.
(d) The frequency stability of base transmitters operating in the
wideband segment must be 1 part per million or better.
(e) The frequency stability of mobile, portable and control
transmitters operating in the wideband segment must be 1.25 parts per
million or better when AFC is locked to a base station, and 5 parts per
million or better when AFC is not locked.
Sec. 90.541 Transmitting power limits.
The transmitting power of base, mobile, portable and control
stations operating in the 764-776 MHz and 794-806 MHz frequency bands
must not exceed the maximum limits in this section, and must also
comply with any applicable effective radiated power limits in
Sec. 90.545.
(a) The transmitting power of base transmitters must not exceed the
limits given in paragraphs (a), (b) and (c) of Sec. 90.635.
(b) The transmitter output power of mobile and control transmitters
must not exceed 30 Watts.
(c) The transmitter output power of portable (hand-held)
transmitters must not exceed 3 Watts.
[[Page 58654]]
(d) Mobile and portable transmitters must be designed to employ
automatic power control.
Sec. 90.543 Emission limitations.
Transmitters designed to operate in 764-776 MHz and 794-806 MHz
frequency bands must meet the emission limitations in this section.
(a) The adjacent channel coupled power (ACCP) requirements for
transmitters designed for various channel sizes are shown in the
following tables. Mobile station requirements apply to handheld, car
mounted and control station units. The tables specify a maximum value
for the ACCP relative to maximum output power as a function of the
displacement from the channel center frequency. In addition, the ACCP
for a mobile station transmitter at the specified frequency
displacement must not exceed the value shown in the tables. For
transmitters that have power control, the latter ACCP requirement can
be met at maximum power reduction. In the following charts, ``(s)''
means a swept measurement is to be used.
6.25 kHz Mobile Transmitter ACCP Requirements
----------------------------------------------------------------------------------------------------------------
Maximum ACCP Maximum ACCP
Offset from Center Frequency (kHz) Measurement Bandwidth (kHz) Relative (dBc) Absolute (dBm)
----------------------------------------------------------------------------------------------------------------
6.25................................... 6.25 -40 (\1\)
12.5................................... 6.25 -60 -45
18.75.................................. 6.25 -60 -45
25..................................... 6.25 -65 -50
37.5................................... 25 -65 -50
62.5................................... 25 -65 -50
87.5................................... 25 -65 -50
150.................................... 100 -65 -50
250.................................... 100 -65 -50
>400 to receive band................... 30(s) -75 -55
in the receive band.................... 30(s) -100 -70
----------------------------------------------------------------------------------------------------------------
\1\ Not specified.
12.5 kHz Mobile Transmitter ACCP Requirements
----------------------------------------------------------------------------------------------------------------
Maximum ACCP Maximum ACCP
Offset from center frequency (kHz) Measurement bandwidth (kHz) relative (dBc) absolute (dBm)
----------------------------------------------------------------------------------------------------------------
9.375.................................. 6.25 -40 (\1\)
15.625................................. 6.25 -60 -45
21.875................................. 6.25 -60 -45
37.5................................... 25 -65 -50
62.5................................... 25 -65 -50
87.5................................... 25 -65 -50
150.................................... 100 -65 -50
250.................................... 100 -65 -50
>400 to receive band................... 30(s) -75 -55
in the receive band.................... 30(s) -100 -70
----------------------------------------------------------------------------------------------------------------
\1\ Not specified.
25 kHz Mobile Transmitter ACCP Requirements
----------------------------------------------------------------------------------------------------------------
Maximum ACCP Maximum ACCP
Offset from center Frequency (kHz) Measurement Bandwidth (kHz) Relative (dBc) Absolute (dBm)
----------------------------------------------------------------------------------------------------------------
15.625................................. 6.25 -40 (\1\)
21.875................................. 6.25 -60 -45
37.5................................... 25 -65 -50
62.5................................... 25 -65 -50
87.5................................... 25 -65 -50
150.................................... 100 -65 -50
250.................................... 100 -65 -50
> 400 to receive band.................. 30(s) -75 -55
in the receive band.................... 30(s) -100 -70
----------------------------------------------------------------------------------------------------------------
\1\ Not specified.
150 kHz Mobile Transmitter ACCP Requirements
----------------------------------------------------------------------------------------------------------------
Maximum ACCP Maximum ACCP
Offset from center Frequency (kHz) Measurement Bandwidth (kHz) Relative (dBc) Absolute (dBm)
----------------------------------------------------------------------------------------------------------------
100.................................... 50 -40 (\1\)
200.................................... 50 -50 -35
300.................................... 50 -50 -35
400.................................... 50 -50 -35
600 to 1000............................ 30(s) -60 -45
1000 to receive band................... 30(s) -70 -55
[[Page 58655]]
in the receive band.................... 30(s) -100 -75
----------------------------------------------------------------------------------------------------------------
\1\ Not specified.
6.25 kHz Base Transmitter ACCP Requirements
------------------------------------------------------------------------
Offset from center frequency Measurement bandwidth Maximum ACCP
(kHz) (kHz) (dBc)
------------------------------------------------------------------------
6.25......................... 6.25 -40
12.5......................... 6.25 -60
18.75........................ 6.25 -60
25........................... 6.25 -65
37.5......................... 25 -65
62.5......................... 25 -65
87.5......................... 25 -65
150.......................... 100 -65
250.......................... 100 -65
>400 to receive band......... 30(s) (\1\)
In the receive band.......... 30(s) -100
------------------------------------------------------------------------
\1\ -80 (continues @-6dB/oct)
12.5 kHz Base Trasmitter ACCP Requirements
------------------------------------------------------------------------
Offset from center Frequency Measurement Bandwidth
(kHz) (kHz) Maximum ACCP (dBc)
------------------------------------------------------------------------
9.375........................ 6.25 -40
15.625....................... 6.25 -60
21.875....................... 6.25 -60
37.5......................... 25 -60
62.5......................... 25 -65
87.5......................... 25 -65
150.......................... 100 -65
250.......................... 100 -65
>400 to receive band......... 30(s) (1)
In the receive band.......... 30(s) -100
------------------------------------------------------------------------
\1\ -80 (continues @-6dB/oct)
25 kHz Base Transmitter ACCP Requirements
------------------------------------------------------------------------
Offset from center frequency Measurement bandwidth
(kHz) (kHz) Maximum ACCP (dBc)
------------------------------------------------------------------------
15.625....................... 6.25 -40
21.875....................... 6.25 -60
37.5......................... 25 -60
62.5......................... 25 -65
87.5......................... 25 -65
150.......................... 100 -65
250.......................... 100 -65
>400 to receive band......... 30(s) (\1\)
In the receive band.......... 30(s) -100
------------------------------------------------------------------------
\1\ -80 (continues @-6dB/oct)
150 kHz Base Transmitter ACCP Requirements
------------------------------------------------------------------------
Offset from center Frequency Measurement bandwidth Maximum ACCP
(kHz) (kHz) (dBc)
------------------------------------------------------------------------
100.......................... 50 -40
200.......................... 50 -50
300.......................... 50 -55
400.......................... 50 -60
[[Page 58656]]
600 to 1000.................. 30 (s) -65
1000 to receive band......... 30 (s) ( \1\ )
In the receive band.......... 30 (s) -100
------------------------------------------------------------------------
\1\ -75 (continues @ -6dB/oct)
(b) ACCP measurement procedure. The following are procedures for
making transmitter measurements. For time division multiple access
(TDMA) systems, the measurements are to be made under TDMA operation
only during time slots when the transmitter is on. All measurements
must be made at the input to the transmitter's antenna. Measurement
bandwidth used below implies an instrument that measures the power in
many narrow bandwidths (e.g. 300 Hz) and integrates these powers across
a larger band to determine power in the measurement bandwidth.
(1) Setting reference level. Using a spectrum analyzer capable of
ACCP measurements, set the measurement bandwidth to the channel size.
For example, for a 6.25 kHz transmitter, set the measurement bandwidth
to 6.25 kHz; for a 150 kHz transmitter, set the measurement bandwidth
to 150 kHz. Set the frequency offset of the measurement bandwidth to
zero and adjust the center frequency of the spectrum analyzer to give
the power level in the measurement bandwidth. Record this power level
in dBm as the ``reference power level''.
(2) Measuring the power level at frequency offsets <600khz. using="" a="" spectrum="" analyzer="" capable="" of="" accp="" measurements,="" set="" the="" measurement="" bandwidth="" as="" shown="" in="" the="" tables="" above.="" measure="" the="" accp="" in="" dbm.="" these="" measurements="" should="" be="" made="" at="" maximum="" power.="" calculate="" the="" coupled="" power="" by="" subtracting="" the="" measurements="" made="" in="" this="" step="" from="" the="" reference="" power="" measured="" in="" the="" previous="" step.="" the="" absolute="" accp="" values="" must="" be="" less="" than="" the="" values="" given="" in="" the="" table="" for="" each="" condition="" above.="" (3)="" measuring="" the="" power="" level="" at="" frequency="" offsets="">600kHz. Set a
spectrum analyzer to 30 kHz resolution bandwidth, 1 MHz video bandwidth
and sample mode detection. Sweep 6 MHz from the carrier
frequency. Set the reference level to the RMS value of the transmitter
power and note the absolute power. The response at frequencies greater
than 600 kHz must be less than the values in the tables above.
(4) Upper power limit measurement. The absolute coupled power in
dBm measured above must be compared to the table entry for each given
frequency offset. For those mobile stations with power control, these
measurements should be repeated with power control at maximum power
reduction. The absolute ACCP at maximum power reduction must be less
than the values in the tables above.
(c) Out-of-band emission limit. On any frequency outside of the
frequency ranges covered by the ACCP tables in this section, the power
of any emission must be reduced below the unmodulated carrier power (P)
by at least 43 + 10 log (P) dB.
(d) Authorized bandwidth. Provided that the ACCP requirements of
this section are met, applicants may request any authorized bandwidth
that does not exceed the channel size.
Sec. 90.545 TV/DTV interference protection criteria.
Public safety base, control, and mobile transmitters in the 764-776
MHz and 794-806 MHz frequency bands must be operated only in accordance
with the rules in this section, to reduce the potential for
interference to public reception of the signals of existing TV and DTV
broadcast stations transmitting on TV Channels 62, 63, 64, 65, 67, 68
or 69.
(a) D/U ratios. Licensees of public safety stations must choose
site locations that are a sufficient distance from co-channel and
adjacent channel TV and DTV stations, and/or must use reduced
transmitting power or transmitting antenna height such that the
following minimum desired signal to undesired signal ratios (D/U
ratios) are met:
(1) The minimum D/U ratio for co-channel stations is 40 dB at the
hypothetical Grade B contour (64 dBV/m) (88.5 kilometers or
55.0 miles) of the TV station or 17 dB at the equivalent Grade B
contour (41 dBV/m) (88.5 kilometers or 55.0 miles) of the DTV
station.
(2) The minimum D/U ratio for adjacent channel stations is 0 dB at
the hypothetical Grade B contour (64 dBV/m) (88.5 kilometers
or 55.0 miles) of the TV station or -23 dB at the equivalent Grade B
contour (41 dBV/m) (88.5 kilometers or 55.0 miles) of the DTV
station.
(b) Maximum ERP and HAAT. The maximum effective radiated power
(ERP) and the antenna height above average terrain (HAAT) of the
proposed land mobile base station, the associated control station, and
the mobile transmitters shall be determined using the methods described
in this section.
(1) Each base station is limited to a maximum ERP of 1000 watts.
(2) Each control station is limited to a maximum ERP of 200 watts
and a maximum HAAT of 61 m. (200 ft).
(3) Each mobile station is limited to a maximum ERP of 30 watts and
a maximum antenna height of 6.1 m. (20 ft.).
(4) Each portable (handheld) transmitter is limited to a maximum
ERP of 3 watts.
(5) All transmitters are subject to the power reductions given in
Figure B of Sec. 90.309 of this chapter, for antenna heights higher
than 152 meters (500 ft).
(c) Methods. The methods used to calculate TV contours and antenna
heights above average terrain are given in Secs. 73.683 and 73.684 of
this chapter. Tables to determine the necessary minimum distance from
the public safety station to the TV/DTV station, assuming that the TV/
DTV station has a hypothetical or equivalent Grade B contour of 88.5
kilometers (55.0 miles), are located in Sec. 90.309 and labeled as
Tables B, D, and E. Values between those given in the tables may be
determined by linear interpolation. The locations of existing and
proposed TV/DTV stations during the transition period are given in Part
73 of this chapter and in the final proceedings of MM Docket No. 87-
268. The DTV allotments are:
[[Page 58657]]
----------------------------------------------------------------------------------------------------------------
State City NTSC TV Ch. DTV Ch. ERP (kW) HAAT (m)
----------------------------------------------------------------------------------------------------------------
California.......................... Stockton.............. 64 62 63.5 874
California.......................... Los Angeles........... 11 65 688.7 896
California.......................... Riverside............. 62 68 180.1 723
California.......................... Concord............... 42 63 61.0 856
Pennsylvania........................ Allentown............. 39 62 50.0 302
Pennsylvania........................ Philadelphia.......... 6 64 1000.0 332
Pennsylvania........................ Philadelphia.......... 10 67 791.8 354
Puerto Rico......................... Aguada................ 50 62 50.0 343
Puerto Rico......................... Mayaguez.............. 16 63 50.0 347
Puerto Rico......................... Naranjito............. 64 65 50.0 142
Puerto Rico......................... Aguadilla............. 12 69 691.8 665
----------------------------------------------------------------------------------------------------------------
The transition period is scheduled to end on December 31, 2006.
After that time, unless otherwise directed by the Commission, public
safety stations will no longer be required to protect reception of co-
channel or adjacent channel TV/DTV stations.
(1) Licensees of stations operating within the ERP and HAAT limits
of paragraph (b) must select one of three methods to meet the TV/DTV
protection requirements, subject to Commission approval:
(i) utilize the geographic separation specified in the tables
referenced below;
(ii) submit an engineering study justifying the proposed
separations based on the actual parameters of the land mobile station
and the actual parameters of the TV/DTV station(s) it is trying to
protect; or,
(iii) obtain written concurrence from the applicable TV/DTV
station(s). If this method is chosen, a copy of the agreement must be
submitted with the application.
(2) The following is the method for geographic separations.
(i) Base stations having an antenna height (HAAT) less than 152 m.
(500 ft.) shall afford protection to co-channel and adjacent channel
TV/DTV stations in accordance with the values specified in Table B (co-
channel frequencies based on 40 dB protection) and Table E (adjacent
channel frequencies based on 0 dB protection) in Sec. 90.309 of this
part. For base stations having an antenna height (HAAT) between 152-914
meters (500-3,000 ft.) the effective radiated power must be reduced
below 1 kilowatt in accordance with the values shown in the power
reduction graph in Figure B in Sec. 90.309 of this part. For heights of
more than 152 m. (500 ft.) above average terrain, the distance to the
radio path horizon will be calculated assuming smooth earth. If the
distance so determined equals or exceeds the distance to the
hypothetical or equivalent Grade B contour of a co-channel TV/DTV
station (i.e., it exceeds the distance from the appropriate Table in
Sec. 90.309 to the relevant TV/DTV station) an authorization will not
be granted unless it can be shown in an engineering study (method 2)
that actual terrain considerations are such as to provide the desired
protection at the actual Grade B contour (64 dBV/m for TV and
41 dBV/m for DTV stations), or that the effective radiated
power will be further reduced so that, assuming free space attenuation,
the desired protection at the actual Grade B contour (64 dBV/m
for TV and 41 dBV/m coverage contour for DTV stations) will be
achieved. Directions for calculating powers, heights, and reduction
curves are listed in Sec. 90.309 for land mobile stations. Directions
for calculating coverage contours are listed in Secs. 73.683-685 for TV
stations and in Sec. 73.625 for DTV stations.
(ii) Control and mobile stations (including portables) are limited
in height and power and therefore shall afford protection to co-channel
and adjacent channel TV/DTV stations in accordance with the values
specified in Table D (co-channel frequencies based on 40 dB protection)
in Sec. 90.309 of this part and a minimum distance of 8 kilometers (5
miles) from all adjacent channel TV/DTV station hypothetical or
equivalent Grade B contours (adjacent channel frequencies based on 0 dB
protection for TV stations and -23 dB for DTV stations). Since control
and mobile stations may affect different TV/DTV stations than the
associated base station, particular care must be taken by applicants to
ensure that all the appropriate TV/DTV stations are considered (e.g., a
base station may be operating on TV Channel 64 and the mobiles on TV
Channel 69, in which case TV Channels 63, 64, 65, 68, and 69 must be
protected). Control and mobile stations shall keep a minimum distance
of 96.5 kilometers (60 miles) from all adjacent channel TV/DTV
stations. Since mobiles and portables are able to move and communicate
with each other, licensees or coordinators must determine the areas
where the mobiles can and cannot roam in order to protect the TV/DTV
stations, and advise the mobile operators of these areas and their
restrictions.
(iii) In order to protect certain TV/DTV stations and to ensure
protection from these stations which may have extremely large contours
due to unusual height situations, an additional distance factor must be
used by all public safety base, control and mobile stations. For all
co-channel and adjacent channel TV/DTV stations which have an HAAT
between 350 and 600 meters, public safety stations must add the
following DISTANCE FACTOR to the value obtained from the referenced
Tables in Sec. 90.309 and to the distance for control and mobile
stations on adjacent TV/DTV channels (96.5 km).
DISTANCE FACTOR = (TV/DTV HAAT-350) 14 in kilometers,
where HAAT is the TV or DTV station antenna height above average
terrain obtained from its authorized or proposed facilities,
whichever is greater.
(iv) For all co-channel and adjacent channel TV/DTV stations which
have an antenna height above average terrain greater than 600 meters,
public safety stations must add 18 kilometers as the DISTANCE FACTOR to
the value obtained from the referenced Tables in Sec. 90.309 and to the
distance for control and mobile stations on adjacent TV/DTV channels
(96.5 km).
Note to Sec. 90.545.--The 88.5 km (55.0 mi) Grade B service
contour (64 dBV/m) is based on a hypothetical TV station
operating at an effective radiated power of one megawatt, a
transmitting antenna height above average terrain of 610 meters
(2000 feet) and the Commission's R-6602 F(50,50) curves. See
Sec. 73.699 of this chapter. Maximum facilities for TV stations
operating in the UHF band are 5 megawatts effective radiated power
at an antenna HAAT of 610 meters (2,000 feet). See Sec. 73.614 of
this chapter. The equivalent contour for DTV stations is based on a
41 dBV/m signal strength and the distance to the F(50,90)
curve. See Sec. 73.625 of this chapter.
Sec. 90.547 Interoperability channel capability requirement.
Mobile and portable transmitters designed pursuant to standards
adopted
[[Page 58658]]
by the National Coordination Committee to operate in the 764-776 MHz
and 794-806 MHz frequency bands must be capable of operating on any of
the designated nationwide narrowband interoperability channels approved
by the Commission.
Sec. 90.549 Transmitter certification.
Transmitters operated in the 764-776 MHz and 794-806 MHz frequency
bands must be certificated as required by Sec. 90.203.
Sec. 90.551 Construction requirements.
Each station authorized under this subpart to operate in the 764-
776 MHz and 794-806 MHz frequency bands must be constructed and placed
into operation within 12 months from the date of grant of the
authorization. However, licensees may request a longer construction
period, up to but not exceeding 5 years, pursuant to Sec. 90.155(b).
[FR Doc. 98-28975 Filed 10-30-98; 8:45 am]
BILLING CODE 6712-01-U
