[Federal Register Volume 64, Number 179 (Thursday, September 16, 1999)]
[Rules and Regulations]
[Pages 50257-50259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24157]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[FCC 99-138--PR Docket No. 92-235]
Private Land Mobile Radio Services. Examination of Exclusivity
and Frequency Assignments Policies of the Private Land Mobile Radio
Services.
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document amends the land mobile radio service rules to
more readily facilitate trunked operations on shared spectrum. The
action was taken in response to petitions for reconsideration of the
rule concerning centralized trunking below 512 MHz adopted in the final
rule in this proceeding.\1\ This will allow private land mobile radio
licensees to construct more efficient radio systems.
\1\ Replacement of Part 90 by Part 88 to Revise the Private Land
Mobile Radio services and Modify the Policies Governing Them and
Examination of Exclusivity and Frequency Assignments Policies of the
Private Land Mobile Radio Services, Second Report and Order, 62 FR
18834 April 17, 1997, 12 FCC Rcd 14307 (1997) (Second R&O).
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DATES: Effective November 15, 1999 except for Secs. 90.187(b)(2)(b) and
90.187(e) which contain information collection requirements that have
not been approved by OMB. The Commission will publish a document in the
Federal Register announcing the effective date. Written comment by the
public on the information collection are due November 15, 1999. Written
comment must be submitted to the Office of Management and Budget on the
information collection on or before November 15, 1999.
ADDRESSES: Federal Communications Commission, 445 Twelfth Street, S.W.,
Room 4-C207, Washington, DC 20554. A copy of any comments on the
information collection contained herein should be submitted to Judy
Boley, Federal Communications Commission, 445 Twelfth Street, S.W. Room
1-C804, Washington, DC 20554 or via the Internet to jboley@fcc.gov; and
to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725 Seventeenth Street,
N. W., Washington, DC 20503 or via the Internet to fain__t@al.eop.gov.
FOR FURTHER INFORMATION CONTACT: Michael J. Wilhelm, Public Safety and
Private Wireless Division, Wireless Telecommunications Bureau, Federal
Communications Commission, 445 12th Street, SW, Washington, DC 20554 or
by telephone at (202) 418-0680 or by e-mail to mwilhelm@fcc.gov. For
further information concerning the information collection contained in
the Third Memorandum Opinion and Order, contact Judy Boley at 202-418-
0215 or via the Internet to jboley@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third
Memorandum Opinion and Order in PR Docket No. 92-235, FCC 99-138,
adopted June 10, 1999, and released July 1, 1999. The Third Memorandum
Opinion and Order permits the use of a system of protected contours as
an alternative to the mileage separation standards used to determine
the licensees from which consent must be sought when an applicant seeks
authorization for centralized trunking below 512 MHz. It also provides
for a 60 day ``hold'' period during which
[[Page 50258]]
conflicting applications may not be filed while an applicant is seeking
consents from other licensees for centralized trunking. It maintains
the requirement that consent to centralized trunking must be obtained
from all affected licensees [i.e. 100%], not some lesser percentage as
suggested by some petitioners. The Commission declines to eliminate the
requirement that consent be obtained from licensees of channels
adjacent to the channel or channels proposed by an applicant proposing
centralized trunking. The following additional actions are taken: A ten
channel limit is placed on the number of channels that may be requested
in an initial application for centralized trunking with exceptions made
for applicants proposing frequencies in the Public Safety Pool,
provided a showing of need is made. Applicants proposing centralized
trunking are required to certify that they have obtained the consent of
affected licensees and must maintain a copy of consent agreements for
inspection by the Commission on request. Centralized trunking is not
permitted below 150 MHz. The Commission rejects a proposal to make
special interference showing provisions for applicants who propose to
use equipment alleged to be superior in spectrum efficiency. A proposal
to limit trunked operation to incumbent licensees is also rejected. The
rulemaking portion of the First Report and Order and Further Notice of
Proposed Rule Making \2\ in this proceeding is terminated to the extent
rendered moot by the Third Memorandum Opinion and Order, and, as to
other matters therein relevant to the Notice of Proposed Rule Making in
WT Docket No. 99-87,\3\ will be incorporated into the record in that
proceeding. Finally, the Commission declines to address that portion of
a petition for reconsideration requesting changes in the Commission's
Safe Harbor rules because said rules are outside the scope of the
Second R&O. The complete text of the Third Memorandum Opinion & Order
may be purchased from the Commission's copy contractor, International
Transcription Services, 1231 20th Street, N.W., Washington, D.C. 20036,
telephone (202) 857-3800, facsimile (202) 857-3805. 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 full
text of the Third Memorandum Opinion and Order is available for
inspection and copying during normal business hours in the FCC
Reference Center, 445 Twelfth St., S.W., Room CY-A257. The full text of
the Third Memorandum Opinion and Order can also be downloaded at: \3\
\2\ Replacement of Part 90 by Part 88 to Revise the Private Land
Mobile Radio Services and Modify the Policies Governing Them and
Examination of Exclusivity and Frequency Assignments Policies of the
Private Land Mobile Services, PR Docket No. 92-235, 60 FR 37152 July
19, 1995, First Report and Order and Further Notice of Proposed Rule
Making, 10 FCC Red. 10076 (1996).
\3\ Implementation of Sections 309(j) and 337 of the
Communications Act of 1934, as amended, Promotion of Spectrum
Efficient Technologies on Certain Part 90 Frequencies, Establishment
of a Public Service Radio Pool in the Private Mobile Frequencies
Below 800 MHz, WT Docket No. 99-87, RM-9332, Notice of Proposed
Rulemaking, 64 FR 23571 May 3, 1999, FCC 99-52 (rel. March 25,
1999).
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http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99138.txt or
http://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99138.wp.
Paperwork Reduction Act Analysis
This Third Memorandum Opinion and Order contains either a new or
modified information collection. The Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public to comment on the information collections contained in this
Third Memorandum Opinion and Order as required by the Paperwork
Reduction Act of 1995, Pub. L. No. 104-13. Public and agency comments
are due 60 days from date of publication of this Third Memorandum
Opinion and Order in the Federal Register. Comments should address: (a)
Whether the new or modified 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 Commission's 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-XXXX.
Title: Application for Construction Permit for Commercial Broadcast
Station.
Form No.: FCC 600.
Type of Review: Revision of a currently approved collection.
Respondents: Government and businesses.
Number of Respondents: 1000.
Estimated time per response: 5 hours (This time varies depending on
the complexity of the users' projected needs.).
Total annual burden: 5,000.
Total annual cost: none.
Needs and Uses: FCC Form 600 is used to apply for authority to
construct private land mobile radio stations or to make changes in the
existing facilities of such stations. This Third Memorandum Opinion and
Order requires applicants for trunked facilities to accompany Form 600
with a certification that consent to trunked operation has been
obtained from affected licensees. Further, applicants for Public Safety
Pool channels are required to accompany Form 600 with a supplementary
showing when such applicants request more than 10 trunked channels. The
supplementary showing must demonstrate why more than 10 trunked
channels are required by, e.g., furnishing a loading study.
List of Subjects in 47 CFR Part 90
Radio, Communications equipment.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 90 as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
1. The authority citation for Part 90 continues to read as follows:
Authority: Secs. 4, 251-2, 303, 309 and 332, 48 Stat. 1066,
1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 332, unless
otherwise noted.
2. Sec. 90.187 is amended by revising paragraph b(2), b(2)(ii) and
(b)(2)(iii) and adding paragraphs (b)(2)(iv), (b)(2)(v), (d), (e) and
(f) to read as follows:
Sec. 90.187 Trunking in the bands between 150 and 512 MHz.
* * * * *
(b) * * *
(2) Trunking will be permitted on frequencies where an applicant or
licensee does not have an exclusive service area provided that all
frequency coordination requirements are complied with and written
consent is obtained from affected licensees using either the procedure
set forth in (b)(2)(i), and b(2)(ii) of this section (mileage
separation) or the procedure set forth in (b)(2)(iii)(A),
(b)(2)(iii)(B) and (b)(2)(iii)(C) of this section (protected contours).
(i) * * *
(ii) Stations with service areas (37 dBu contour for stations in
the 150-174
[[Page 50259]]
MHz band and 39 dBu contour for stations in the 421-512 MHz bands; see
Sec. 90.205) that overlap a circle with radius 113 km (70 mi.) from the
proposed base station.
(iii) In lieu of the mileage separation procedure set forth in
(b)(2)(i) and (b)(2)(ii) of this section, applicants for trunked
facilities may obtain consent only from stations that would be
subjected to objectionable interference from the trunked facilities.
Objectionable interference will be considered to exist when the
interference contour (19 dBu for VHF stations, 21 dBu for UHF stations)
of a proposed trunked station would intersect the service contour (37
dBu for VHF stations, 39 dBu for UHF stations) of an existing station.
The existing stations that must be considered in a contour overlap
analysis are a function of the channel bandwidth of the proposed
trunked station, as follows:
(A) For trunked stations proposing 25 kHz channel bandwidth:
Existing co-channel stations and existing stations that have an
operating frequency 15 kHz or less from the proposed trunked station.
(B) For trunked stations proposing 12.5 kHz channel bandwidth:
Existing co-channel stations and existing stations that have an
operating frequency 7.5 kHz or less from the proposed trunked station.
(C) For trunked stations proposing 6.25 kHz channel bandwidth:
Existing co-channel stations and existing stations that have an
operating frequency 3.75 kHz or less from the proposed trunked station.
(iv) The calculation of service and interference contours
referenced in paragraph (iii) of this section shall be done using
generally accepted engineering practices and standards which, for
purposes of this rule section, shall presumptively be the practices and
standards agreed to by a consensus of all certified frequency
coordinators.
(v) The written consent from the licensees specified in paragraphs
(b)(2)(i) and (b)(2)(ii) or (b)(2)(iii)(A), (b)(2)(iii)(B) and
(b)(2)(iii)C of this section shall specifically state all terms agreed
to by the parties and shall be signed by the parties. The written
consent shall be maintained by the operator of the trunked station and
be made available to the Commission upon request. The submission of a
coordinated trunked application to the Commission shall include a
certification from the applicant that written consent has been obtained
from all licensees specified in paragraphs (b)(2)(i) and (b)(2)(ii) or
(b)(2)(iii)(A), (b)(2)(iii)(B) and (b)(2)(iii)(C) of this section that
the written consent documents encompass the complete understandings and
agreements of the parties as to such consent; and that the terms and
conditions thereof are consistent with the Commission's rules. Should a
potential applicant disagree with a certified frequency coordinator's
determination that objectionable interference exists with respect to a
given channel or channels, that potential applicant may request the
Commission to overturn the certified frequency coordinator's
determination. In that event, the burden of proving by clear and
convincing evidence that the certified frequency coordinator's
determination is incorrect shall rest with the potential applicant. If
a licensee has consented to the use of trunking, but later decides
against the use of trunking, that licensee may request that the
licensee(s) of the trunked system(s) cease the use of trunking. Should
the trunked station(s) decline the licensee's request, the licensee may
request a replacement channel from the Commission. A new applicant
whose interference contour overlaps the service contour of a trunked
licensee will be assigned the same channel as the trunked licensee only
if the trunked licensee consents in writing and a copy of the written
consent is submitted to the certified frequency coordinator responsible
for coordination of the application.
* * * * *
(d) Potential applicants proposing trunked operation may file
written notice with any certified frequency coordinator for the pool
(Public Safety or Industrial/Business) in which the applicant proposes
to operate. The notice shall specify the channels on which the
potential trunked applicant proposes to operate and the proposed
effective radiated power, antenna pattern, height above ground, height
above average terrain and proposed channel bandwidth. On receipt of
such a notice, the certified frequency coordinator shall notify all
other certified frequency coordinators in the relevant pool within one
business day. For a period of sixty days thereafter, no application
will be accepted for coordination which specifies parameters that would
result in objectionable interference to the channels specified in the
notice. Potential applicants shall not file another notice for the same
channels within 10 km (6.2 miles) of the same location unless six
months shall have elapsed since the filing of the last such notice.
Certified frequency coordinators shall return without action, any
coordination request which violates the terms of paragraph (d) of this
section.
(e) No more than 10 channels for trunked operation in the
Industrial/Business Pool may be applied for in a single application.
Subsequent applications, limited to an additional 10 channels or fewer,
must be accompanied by a certification, submitted to the certified
frequency coordinator coordinating the application, that all of the
applicant's existing channels authorized for trunked operation have
been constructed and placed in operation. Certified frequency
coordinators are authorized to require documentation in support of the
applicant's certification that existing channels have been constructed
and placed in operation. Applicants in the Public Safety Pool may
request more than 10 channels at a single location provided that any
application for more than 10 Public Safety Pool channels must be
accompanied by a showing of sufficient need. The requirement for such a
showing may be satisfied by submission of loading studies demonstrating
that requested channels in excess of 10 will be loaded with 50 mobiles
per channel within a five year period commencing with grant of the
application.
(f) If a licensee authorized for trunked operation discontinues
trunked operation for a period of 30 consecutive days, the licensee,
within 7 days of the expiration of said 30 day period, shall file a
conforming application for modification of license with the Commission.
Upon grant of that application, new applicants may file for the same
channel or channels notwithstanding the interference contour of the new
applicant's proposed channel or channels overlaps the service contour
of the station that was previously engaged in trunked operation.
[FR Doc. 99-24157 Filed 9-15-99; 8:45 am]
BILLING CODE 6712-01-P
