[Federal Register Volume 60, Number 138 (Wednesday, July 19, 1995)]
[Proposed Rules]
[Pages 37148-37151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17302]
[[Page 37147]]
_______________________________________________________________________
Part II
Federal Communications Commission
_______________________________________________________________________
47 CFR Part 90
Private Land Mobile Radio Services; Proposed and Final Rules
Federal Register / Vol. 60, No. 138 / Wednesday, July 19, 1995 /
Proposed Rules
[[Page 37148]]
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PR Docket No. 92-235, FCC 95-255]
Examination of Exclusivity and Frequency Assignment Policies of
the Private Land Mobile Radio Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Commission has adopted a Further Notice of Proposed Rule
Making which seeks to introduce market forces into the Private Land
Mobile Radio (PLMR) bands. This Further Notice of Proposed Rule Making
proposes three options to introduce market forces into these bands:
exclusivity, user fees, and competitive bidding. The Commission seeks
comment on each of these options and believes that the information
gathered will assist in developing and implementing an overall strategy
on how to promote greater efficiency in these bands.
DATES: Comments must be filed on or before September 15, 1995, and
reply comments must be filed on or before October 16, 1995.
ADDRESSES: Federal Communications Commission, 1919 M Street NW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Ira Keltz of the Wireless
Telecommunications Bureau at (202) 418-0680.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rule Making, PR Docket No. 92-235, FCC 95-
255, adopted June 15, 1995, and released June 23, 1995. The full text
of this Further Notice of Proposed Rule Making 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 may be purchased from the Commission's copy contractor,
International Transcription Services, Inc., 2100 M Street NW.,
Washington, DC 20037, telephone (202) 857-3800.
Summary of Notice of Proposed Rule Making
1. The Commission initiated the instant proceeding to explore
methods to promote more efficient and effective use of the PLMR bands
below 800 MHz. This action stems from the Commission's Notice of
Proposed Rule Making (56 FR 31097, July 9, 1991) and Notice of Inquiry
(57 FR 54034, November 16, 1992) in PR Docket 92-235 which sought
public comment regarding ways to promote more efficient use of the PLMR
bands below 800 MHz. The Commission does not believe that the current
shared regulatory environment contains the proper incentives to
encourage efficient spectrum usage. Introducing market-based incentives
into these bands will help to encourage more efficient spectrum use
while allowing users to make the equipment choices which best address
their needs by attaching an economic cost to inefficient use of the
spectrum and promoting the use of more efficient technologies. The user
community will ultimately benefit from more efficient use of spectrum
through the availability of more channels and better quality service.
2. The spectrum in the PLMR bands historically has been available
on a shared use basis. The environment that has emerged is
characterized by unlimited sharing of the spectrum by over 500,000
licensees with over 12 million transmitters. Because of the significant
and varied spectrum use, the PLMR bands have become highly congested
and there is a substantial risk that service in these bands will
deteriorate to unacceptable levels. Unfortunately, in this shared use
environment, PLMR users generally have little incentive to economize on
spectrum use because users do not pay for their spectrum, cannot
realize the benefit of more efficient use, and generally share their
frequency assignments with a number of other users. Shared use of
spectrum also precludes the use of spectrum efficient technologies,
such as trunking and time division multiple access (TDMA) because they
generally require centralized channel control.
3. This Further Notice of Proposed Rule Making proposes three
options to introduce market forces into these bands: exclusivity, user
fees, and competitive bidding. The Commission seeks comment on each of
these options and believes that the information gathered will assist in
developing and implementing an overall strategy on how to promote
greater efficiency in these bands.
4. First, the Commission proposes the introduction of exclusivity
on channels in the PLMR bands, and to explicitly permit the leasing of
excess capacity on these exclusive channels. The Commission believes
that offering users the option of exclusivity with the right to resell
excess capacity if they agree to convert to narrowband technology by a
specified date will promote the use of more efficient technologies. In
addition, affording users the opportunity to obtain exclusivity will
enable them to benefit directly from the increased capacity which
results from their conversion to more efficient technologies, thus
encouraging more rapid transition to narrowband technology. In this
regard, users will be more likely to install trunked systems if they
are certain that additional users, who might interfere with their
trunked systems, would not be licensed on their channel. The
Commission's experience with the spectrum above 800 MHz supports this
theory. The introduction of exclusivity into the 800 MHz bands
facilitated and encouraged the use of more spectrum efficient
technologies and equipment. We seek here to provide users of the PLMR
bands with that same flexibility to use the most advanced and efficient
technology available.
5. Regarding the lease of excess capacity, in order to promote more
flexible use of the spectrum, the Commission proposes to allow
licensees who choose the exclusivity option to lease excess capacity to
any party without restriction. The Commission seeks comment on whether
such leasing arrangements should be limited to PLMR eligibles in order
to ensure that sufficient spectrum is available to satisfy the needs of
the PLMR community. Additionally, the Commission seeks comment on
whether these proposals will affect whether traditional PLMR users, who
seek to lease excess capacity, are considered commercial mobile radio
service (CMRS) providers. The Commission tentatively concludes that
licensees who lease excess capacity will have the aspect of their
operations regulated as CMRS. The Commission seeks comment on this
tentative conclusion.
6. Second, the Commission seeks comment on how a system of user
fees can be used in these bands to encourage licensees to make the most
efficient and effective use of the spectrum. Under this approach, users
would pay a fee based on the estimated value of the spectrum. The
spectrum fee would be calculated based on the area and population
covered, and the amount of spectrum used. This type of a user fee
structure would attach an economic cost to inefficient spectrum use,
thereby motivating users to increase their efficient use of the
spectrum. Although the Commission does not currently have statutory
authority to impose such a fee structure, this option may be the most
effective way to encourage efficiency in the PLMR bands while
recognizing the varying needs of the incumbent users. The Commission
believes that seeking further comment on the imposition of
[[Page 37149]]
user fees at this time will enable the Commission to consider how such
fees can best be implemented in the PLMR bands, so that if fee
authority is granted, the Commission will be able to act quickly to
implement such authority.
7. Third, the Commission seeks comment on introducing competitive
bidding into the PLMR bands as an alternative to user fees.
Specifically, the Commission seeks comment on a proposal to create
geographic overlay licenses and use competitive bidding as the
assignment mechanism for these overlay licenses. Competitive bidding of
overlay licenses could promote efficiency by allowing the marketplace
to determine the value of spectrum and by awarding licenses to those
who value them most highly, thus ensuring that spectrum will be put to
its highest value use. As with exclusivity, competitive bidding of
overlay licenses attaches a cost to inefficient spectrum use. The
Commission's current auction authority does not permit the use of
competitive bidding to assign private licenses because these licenses
are not mutually exclusive and the principal use of the spectrum does
not involve the provision of service to subscribers for a fee. However,
expanded auction authority which could include private wireless users
is proposed by the Administration and the U.S. Senate. Accordingly, the
Commission believes that it is appropriate at this time to seek comment
on how auctions could best be implemented for PLMR licenses, if such
authority is granted.
8. Additionally, the Commission tentatively concludes that public
safety users should be exempt from market-based incentives. Public
safety users are charged with the protection of life and property, and
the Commission is committed to ensuring that such users have access to
spectrum to perform their critical function. We seek comment on
exempting public safety users from spectrum fees and competitive
bidding, or developing a reduced fee structure and a protected auction
environment for these users.
9. The proposed rules are set forth at the end of this document.
10. FURTHER INITIAL REGULATORY FLEXIBILITY ANALYSIS
Reason for Action
This rule making proceeding was initiated to secure comment on
proposals for establishing shared exclusive assignments arrangements in
the PLMR bands which will grant licensees flexibility to voluntarily
adopt new technology and thereby achieve more efficient use of
spectrum. We also propose to permit licensees who convert to narrowband
technology to sell or lease excess capacity to PMRS eligibles as a
means of enhancing the competitive potential of the PLMR services in
the marketplace. The proposals advanced in the Further Notice of
Proposed Rule Making are also designed to respond to the increasing
need for spectrum and considerable changes in the mobile communications
landscape.
Objectives
The Commission proposes changes to its rules for the PLMR services
for use of spectrum in a manner that yields the greatest potential
benefit to the public. Specifically, the exclusivity proposal will
promote more efficient use of spectrum by encouraging licensees
participating in exclusive sharing agreements to convert to innovative
narrowband technology in an expeditious manner. Further, the proposal
relating to the sale or lease of excess capacity will provide for the
enhancement of the PLMR services by allowing marketplace mechanisms to
intervene to give insight into the value of the PLMR bands to private
eligibles. These new proposals will result in improving the quality of
service, increasing the level of technology, and fostering economic
growth in the private land mobile environment.
Legal Basis
The legal basis for these rule changes if found in Section 4(i),
303(g), 303(r), 332(a), 332(c), and 332(d) of the Communications Act of
1934, as amended, 47 U.S.C. Secs. 303(g), 303(r), 332(a), 332(c), and
332(d), as amended.
Reporting, Recordkeeping, and Other Compliance Requirements
Under the proposal for shared exclusivity agreements in the Further
Notice of Proposed Rule Making, existing licensees will be required to
report information regarding its plans for implementation of narrowband
systems within 5 year guidelines after entering the exclusivity
arrangement. These reports will serve as a benchmark for the Commission
to measure the progress of licensees in fulfilling their plans to
determine whether a specific exclusivity agreement should be rescinded.
Federal Rules Which Overlap, Duplicate or Conflict With These Rules
None.
Description, Potential Impact, and Number of Small Entities Involved
The Further Notice of Proposed Rule Making potentially affects
numerous small entities, as the private land mobile services is
comprised of millions of small business entities operating in urban and
rural areas across the United States. The shared exclusivity and the
sale or lease of excess capacity proposals are options available for
small business licensees, as well as all other entities utilizing the
private land mobile service. Many small entities could be positively
affected by the proposals because they provide for new exclusive
communications assignments that will foster new technologies and
promote the competitive potential of the PLMR spectrum. The full extent
of the impact on small entities cannot be predicted until various
issues raised in the proceeding have been resolved. After evaluating
the comments filed in response to the Further Notice, the Commission
will examine further the impact of all final rules in this proceeding
on small entities and set forth its findings in the Final Regulatory
Flexibility Analysis.
Any Significant Alternatives Minimizing the Impact on Small Entities
Consistent With the Stated Objectives
This Further Notice of Proposed Rule Making solicits comments on a
variety of alternatives. Any additional significant alternatives
presented in the comments will also be considered.
List of Subjects in 47 CFR Part 90
Communications equipment, Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Part 90 of Chapter I of Title 47 of the Code of Federal Regulations
is proposed to be amended as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
1. The authority citation for Part 90 continues to read as follows:
Authority: Sections 4, 302, 303, and 332, 48 Stat. 1066, 1082,
as amended; 47 U.S.C. 154, 302, 303, and 332, unless otherwise
noted.
2. Section 90.175 is amended by revising paragraph (a) to read as
follows:
Sec. 90.175 Frequency coordination requirements.
* * * * *
(a) For frequencies between 25 and 470 MHz: A statement from the
applicable frequency coordinator recommending the most appropriate
frequency. The coordinator's recommendation may include comments on
technical factors such as power, antenna height and gain, terrain and
other factors which may serve to
[[Page 37150]]
minimize potential interference. Tables 1 and 2 in Sec. 90.193 must be
used by coordinators to determine co-channel station distance
separations between stations participating in a negotiated exclusivity
agreement and those stations that are not participating in a negotiated
exclusivity agreement. Frequencies in the 450-470 MHz band, when used
for secondary fixed operations, shall be assigned and coordinated
pursuant to Sec. 90.261.
* * * * *
3. Section 90.189 is added to read as follows:
Sec. 90.189 Shared Exclusivity--150-170, 421-430, and 450-470 MHz
Bands.
To promote spectrally efficient technologies (e.g. trunking, TDMA,
etc.) and to increase quality of service for licensees, assignments may
be limited on certain frequencies in a specific geographic area as set
out in Secs. 90.190-90.193.
4. Section 90.190 is added to read as follows:
Sec. 90.190 User agreements.
Co-channel licensees, operating in the same geographical area can,
by mutual agreement, develop sharing arrangements on their currently
licensed frequency or frequencies that would facilitate their use of
advanced technology. The following guidelines will apply to the
development of these sharing agreements:
(a) This agreement must be unanimous among all licensees on a given
frequency or frequencies within the composite service area,
irrespective of the radio service to which each user belongs. Any
license application forwarded from a frequency coordinator to the
Commission, prior to the date that the coordinator is notified, in
writing, of a licensee action to negotiate an agreement will be
considered, for the purposes of the agreement, an existing licensee and
must be included in the agreement.
(b) All agreements must be finalized by August 31, 2000. Each
participant of the plan must agree to utilize equipment designed to
operate single mode with a maximum channel bandwidth of 6.25 kHz or
equipment designed to operate single mode with a channel bandwidth of
12.5 kHz provided that it meets the efficiency standard of one
communication channel per 6.25 kHz within 5 years after an agreement is
finalized.
(c) A 90 day temporary freeze on the assignment of new licensees on
a given frequency or frequencies will be made when a licensee, who
desires to negotiate with other co-channel users to enter a sharing
agreement, notifies all frequency coordinators who have cognizance of
that frequency. This notification must be in writing and include:
(1) The frequency or frequencies under consideration; and
(2) A description of all co-channel licensees who must be a party
to the agreement. This description will include: a list of all affected
co-channel licensees, their base station locations (latitude and
longitude), their current service areas, and their exclusivity service
area. The exclusivity service area for each licensee will be defined as
a point radius centered on their base station. The maximum radius
defining the size of the exclusivity service area will consistant with
the specifications of Sec. 90.205.
(d) During the temporary freeze on new licenses in the exclusivity
service area, no new licenses will be granted without the consent of
all existing users within this area. Co-channel licenses will be
granted outside of the exclusivity service area at minimum distances as
determined by the tables of Sec. 90.193. Existing licensees who are
located outside of the composite service area and closer than the
minimum distance to this area as specified by the tables of Sec. 90.193
may continue to operate on a co-primary basis with all licensees inside
the composite service area.
(e) If at the completion of the 90 day period, a unanimous
agreement is not reached among all licensees, the freeze on new
authorizations on the frequency or frequencies within this area will be
lifted. No licensee who is located within the exclusivity service area
may file a new notification to temporarily freeze this frequency or
frequencies in this area for a minimum of one calendar year from the
date the temporary freeze expires. All parties are still free to
negotiate an agreement, but must include any new licensees who are
located within the composite service area.
(f) If prior to or at the completion of the 90 day period, a
unanimous agreement is reached among all licensees, the freeze on new
authorizations on this frequency or frequencies in this composite
service area will be made permanent. No new licenses will be granted on
this frequency or frequencies in the exclusivity service area without
the consent of participants in the agreement, but systems subject to
the agreement can be modified, expanded, or renewed. Existing licensees
who are located outside of the exclusivity service area and closer than
the minimum distance to this area as specified by the tables of
Sec. 90.193 may continue to operate on a co-primary basis with all
licensees inside the exclusivity service area.
(1) The final agreement will be filed with all cognizant frequency
coordinators. This agreement will include:
(i) The frequency or frequencies which are covered under the
agreement;
(ii) Signatures of all parties to the agreement;
(iii) A description of all co-channel licensees who must be a party
to the agreement. This description will include: a list of all affected
co-channel licensees, their base station locations (latitude and
longitude), their current service areas, and their exclusivity service
area; and
(iv) A plan for complying with the requirement to employ narrowband
technology within five (5) years from the agreement date.
(2) The coordinator must make this agreement available to the
public upon request.
(3) New co-channel licenses will not be granted closer to the
composite service area than the minimum distances determined by the
tables in Sec. 90.193.
(4) If a licensee expands a system after an agreement is negotiated
and filed with the cognizant frequency coordinators, then any portion
of the expanded service area which falls outside of the composite
service area of the agreement, will not be afforded the protection of
the tables in Sec. 90.193 from co-channel licensees, unless a new
agreement which includes the expanded area is negotiated.
5. Section 90.191 is added to read as follows:
Sec. 90.191 Sell or lease of excess capacity.
Licensees who participate in a sharing plan and have fully
converted their systems to narrowband or equivelent operation may lease
excess capacity of their systems.
6. Section 90.193 is added to read as follows:
Sec. 90.193 Shared exclusivity separation distances.
The minimum distance between an existing base station that is
included in a negotiated exclusivity agreement and a proposed co-
channel station not included in the agreement will be determined from
tables 1 and 2.
[[Page 37151]]
Table 1.--150-174 MHz--Minimum Distance (km) Between Existing Base Stations and Proposed Stations \1\
----------------------------------------------------------------------------------------------------------------
Existing station service area radius (km) \2\
Proposed service area (km) -------------------------------------------------------------------------------
3 8 13 16 24 32 40 48 \3\ 64 \3\ 80 \3\
----------------------------------------------------------------------------------------------------------------
3............................... 16 27 45 60 84 90 100 111 138 162
8............................... 27 32 50 64 88 95 105 118 143 164
13.............................. 45 50 55 69 93 100 110 122 148 169
16.............................. 60 64 69 70 97 103 113 130 151 172
24.............................. 84 88 93 97 105 111 121 134 160 180
32.............................. 90 95 100 103 111 119 129 142 167 188
40.............................. 100 105 110 113 121 129 140 150 176 196
48 \3\.......................... 111 118 122 126 134 142 150 158 184 204
64 \3\.......................... 138 143 148 151 160 167 176 184 194 220
80 \3\.......................... 162 164 169 172 180 188 196 204 220 237
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\1\ Distances are based upon 37 dBu desired and 19 dBu undesired signal strengths and are derived from FCC
Report R-6602, Figs. 19 and 20 (See Sec. 73.699 of this chapter, Figs. 10 and 10a)
\2\ For those stations licensed before August 1, 1996, whose authorizations do not include a service area radius
or area of operation, the service areas will be determined from table 1 using the station's authorized
transmitter power increased by 3 dB or its actual ERP when given, and the antenna height above sea level in
lieu of HAAT, or the HAAT if given.
\3\ Permitted only for base stations located 200 km (125 mi) or more from the center of markets 1-60 as listed
in Sec. 90.741. Applicants for such systems must demonstrate that the signal strength at the edge of their
service area does not exceed 37 dBu.
Table 2.--421-430, 450-470 MHz--Minimum Distance Between Existing Base Stations and Proposed Stations \1\
----------------------------------------------------------------------------------------------------------------
Existing station service area radius (km) \2\
Proposed service area (km) -------------------------------------------------------------------------------
3 8 13 16 24 32 240 248 264 >64
------------------------------------------------------------------------------------\3\-----\3\-----\3\-----\3\-
3............................... 16 27 43 55 68 80 97 111 155 180
8............................... 27 32 48 60 72 85 101 118 159 185
13.............................. 43 48 53 64 77 90 106 122 164 190
16.............................. 55 60 64 68 80 93 109 126 167 194
24.............................. 68 72 77 80 89 101 118 134 175 201
32.............................. 80 85 90 93 101 109 126 142 184 209
40 \3\.......................... 97 101 106 109 118 126 134 150 192 217
48 \3\.......................... 111 118 122 126 134 142 150 158 200 225
64 \3\.......................... 155 159 164 167 175 184 192 200 216 242
>64 \3\......................... 180 185 190 193 201 209 217 225 241 253
----------------------------------------------------------------------------------------------------------------
\1\ Distances are based upon 37 dBu desired and 19 dBu undesired signal strengths and are derived from FCC
Report R-6602, Figs. 19 and 20 (See Sec. 73.699 of this chapter, Figs. 10 and 10a).
\2\ For those stations licensed before August 1, 1996, whose authorizations do not include a service area radius
or area of operation, the service areas will be determined from table 1 using the station's authorized
transmitter power increased by 3 dB or its actual ERP when given, and the antenna height above sea level in
lieu of HAAT, or the HAAT if given.
\3\ Permitted only for base stations located 200 km (125 mi) or more from the center of markets 1-60 as listed
in Sec. 90.741. Applicants for such systems must demonstrate that the signal strength at the edge of their
service area does not exceed 37 dBu.
[FR Doc. 95-17302 Filed 7-18-95; 8:45 am]
BILLING CODE 6712-01-P
