Federal Register: December 28, 2005 (Volume 70, Number 248)
DOCID: FR Doc 05-24373
FEDERAL COMMUNICATIONS COMMISSION
Federal Communications Commission
CFR Citation: 47 CFR Parts 22 and 90
Docket ID: [WT Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18; RM- 9498; RM-10024; FCC 05-174]
NOTICE: RULES
ACTION: Radio services, special:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Private Land Mobile Services; 800 MHz Public Safety Interference Proceeding
DATES: Effective January 27, 2006.
DOCUMENT SUMMARY:
In this document the Commission amends the definition of an Enhanced Specialized Mobile Radio (ESMR) system; further delineates the relocation rights of 800 MHz incumbent licensees; narrows the Expansion Band in the Atlanta, Georgia region; reaffirms the Commission's authority to grant Nextel Communications, Inc. (Nextel) spectrum rights to ten megahertz of spectrum in the 1.9 GHz band; permits the Transition Administrator (TA) to follow a calendar year for reporting schedule purposes; permits Nextel to receive credit in the 800 MHz `trueup' process for the relocation of certain additional BAS incumbent licensees whose licenses were issued prior to November 12, 2004; and clarifies the definitions of ``unacceptable interference'' and ``Critical Infrastructure Industries'' (CII).
SUMMARY:
Private land mobile radio services—; 800 MHz band; public safety interference proceeding,
SUPPLEMENTAL INFORMATION
This is a summary of the Federal
Communications Commission's Memorandum Opinion and Order, FCC 05174, adopted October 3, 2005 and released on October 5, 2005.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
1.2. The action contained herein has been analyzed with respect to the Paperwork Reduction Act of 1995 (PRA) and found to impose no new or modified reporting or recordkeeping requirements or burdens to the public, including businesses with fewer than 25 employees.
B. Report to Congress
3. The Commission will send a copy of this Memorandum Opinion and Order in a report to be sent to Congress and the General Accounting Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
C. Supplemental Final Regulatory Flexibility Analysis
4. The Regulatory Flexibility Act (RFA) requires that an agency prepare a regulatory flexibility analysis for noticeandcomment rulemaking proceedings, unless the agency certifies that ``the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.'' As required by the RFA an Initial Regulatory Flexibility Analysis (``IRFA'') was incorporated in the Notice of Proposed Rulemaking (``800 MHz NPRM'') in this proceeding. The Commission sought written public comment on the proposals in the 800 MHz NPRM, including comment on the IRFA. Based upon the comments in response to the 800 MHz NPRM and the IRFA, the Commission included a Final Regulatory Flexibility Analysis (``FRFA'') in the Report and Order (800 MHz R&O) in this proceeding. The Commission subsequently sought comment on ex parte presentations filed in this proceeding. In the Supplemental Order and Order on Reconsideration (Supplemental Order), the Commission, on its own motion, amended the rules in a manner that did not significantly affect small entities beyond the terms set forth in the FRFA. Accordingly, the Commission included a Supplemental Regulatory Flexibility Analysis (``Supplemental FRFA'') addressing those amendments consistent with the RFA.
5. This Memorandum Opinion and Order clarifies portions of the 800 MHz R&O and companion Supplemental Order and addresses petitions for reconsideration of the Commission's decisions in the 800 MHz R&O and the Supplemental Order. Interested parties were afforded notice and opportunity to comment on the petitions for reconsideration of the 800 MHz R&O and Supplemental Order. See 70 FR 17327. Several parties filed oppositions to the petitions for reconsideration and replies to the oppositions. The clarifications we make in this MO&O are in response to the various petitions for reconsideration, oppositions and replies that have been filed thus far. Accordingly, this Supplemental Regulatory Flexibility Analysis (``Supplemental FRFA'') addresses those clarifications and conforms to the RFA.
Need for, and Objectives of, the Order on Reconsideration
6. By way of background the 800 MHz R&O adopted a plan comprised of both longterm and shortterm components that the Commission concluded represented the most effective solution to the problem of interference to public safety licensees in the 800 MHz band. The Commission addressed the ongoing interference problem over the shortterm by adopting technical standards defining unacceptable interference in the 800 MHz band and detailing responsibility for interference abatement. The longterm component augmented the shortterm component by reconfiguring the 800 MHz band to separate generally incompatible technologies whose current proximity to each other is the identified root cause of unacceptable interference.
7. Enhanced Specialized Mobile Radio Systems. In this proceeding the Commission divided the 800 MHz band into a cellular portion and noncellular portion to create spectral separation between incompatible technologies. Section 90.614 provides that the cellular portion would be reserved for licensees that operate cellular highdensity systems. Several parties sought reconsideration of the eligibility and operating requirements applicable to the cellular band arguing that these requirements are overly restrictive.
8. On our own motion we clarify the definition of ESMR system in order to resolve an ambiguity between the text of the 800 MHz R&O and Sec. 90.7 of the accompanying rules. This clarification is significant to the extent that it defines those licensees that may elect to be relocated into the cellular portion of the band. When the Commission first established the eligibility criteria for relocation into the cellular portion of the band, it spoke to existing ``ESMR'' systems. The 800 MHz R&O inadvertently defined ESMR systems as those that employ ``high density'' cellular architecture. However the 800 MHz R&O had also referred to an ``ESMR system,'' more generally, as a term to describe systems that use multiple, interconnected, multichannel transmit/receive cells and employ frequency reuse to serve a larger number of subscribers than is possible using noncellular technology. We resolve this contradiction by amending rule Sec. 90.7 to eliminate the ``high density'' qualification for ESMR status. The practical effect of this clarification is to ensure licensees operating in the ESMR band have a fair amount of flexibility in the management of their systems. The purpose of this clarification is to distinguish between highdensity systems that may not be operated in the nonESMR portion of the band not to require EA licensees that relocate to the ESMR band to operate highdensity systems should they elect to operate in the ESMR band. To this end we also adopt a definition of ``800 MHz high density cellular system'' and ``800 MHz cellular system'' and revise several part 22 and 90 rules to incorporate the distinction between 800 MHz cellular systems and highdensity cellular systems in order to more efficiently implement our band reconfiguration plan.
Economic Area Licensees
9. We also clarify that Economic Area (EA) licensees that elect to
relocate to the cellular band may relocate sitebased systems so long
as they deploy a cellular system on their combined facilities by the
end of their EA license term. We also clarify that those incumbent EA
licensees that operate noncellular systems in that portion of the
cellular band known as the ``Upper 200 band,'' must relocate from the
cellular band unless they deploy a cellular system. Failure to
construct a cellular system will result in automatic cancellation of
the relocated EA license and any sitebased facilities relocated to the
cellular band. The purpose of this clarification is to: (1) Avoid
replicating in the cellular band the same incompatible mix of
technologies that resulted in this proceeding; (2) ensure that
licensees genuinely interested in competing with cellular operators have the opportunity to move forward with
[[Page 76706]]
their business plans and (3) inhibit the ability of speculative
licensees to allow valuable spectrum to lie fallow or under utilized in
an attempt to maximize resale value. In this connection, EA licensees,
consistent with their existing construction and operational
obligations, must notify the Commission whether they have constructed
in accordance with the operational rules governing the ESMR band.
Overall, this clarification confers upon EA licensees the benefit of added flexibility.
Unacceptable Interference
10. In the 800 MHz R&O, the Commission adopted an objective standard for defining what constitutes ``unacceptable interference'' to public safety and other noncellular systems in the 800 MHz band. The purpose of defining unacceptable interference is to determine the rights and responsibilities of parties to alleviate interference. One petitioner requested that we clarify that the ``unacceptable interference'' standard will apply only to interference created by licensees employing cellular architecture systems. According to this petitioner the heading and text of Sec. 90.672 implies that ``unacceptable interference'' could be created by any type of licensee including noncellular licensees. We clarify the heading and text of Sec. 90.672 to specify that ``unacceptable interference'' to 800 MHz noncellular licensees is that which originates from one or a combination of 800 MHz cellulararchitecture licensees, regardless of whether the cellulararchitecture licensee employs a ``highdensity'' or ``lowdensity'' cellular system. In this connection we replace the reference to harmful interference in Sec. 90.672 with the term unacceptable interference.
Critical Infrastructure Industry
11. One Petitioner pointed out that Sec. 90.7 imprecisely defined Critical Infrastructure Industries (CII). Accordingly we clarify the definition of CII.
Southeast Region Band Plan
12. Section 90.617 is updated to reflect the distribution of channels between the various pool categories in the SouthernLINC/Nextel counties listed in Sec. 90.614(c). In the 800 MHz R&O the Commission adopted a band plan for the Southeast Region. Part of this band plan included a 1 MHz Expansion band, designed to create spectral separation between public safety and ESMR operations. Subsequently we have received petitions for reconsideration seeking to eliminate or reduce the size of the Expansion band because there is insufficient amount of spectrum to accommodate Public Safety and cellular operations in the Atlanta market. Accordingly, we reduce the size of the Expansion band in the Atlanta market and up to seventy miles outside Atlanta. Transition Administrator Reports
13. Sections 90.676(b)(3) and (4) are revised to allow the Transition Administrator to choose the date for filing quarterly and annual reports regarding band reconfiguration. Previously Sec. 90.676 required that the TA submit its reports based on the effective date of the Report and Order. We have since learned that this requirement would be complicated by Nextel Communications, Inc.'s obligations to the Securities and Exchange Commission. We therefore modify our rules to permit the TA to file its quarterly and annual reports with the Commission on the first business day following Nextel's quarterly and annual filings with the Securities and Exchange Commission. Dispute Resolution
14. One petitioner pointed out an ambiguity and inadvertent omission in our 800 MHz band reconfiguration dispute resolution procedures. Accordingly we revise Sec. 90.677(d) of our rules to clarify that the Transition Administrator must forward unresolved disputed issues remaining at the end of the mandatory negotiation period within thirty days of the end of the mandatory negotiation period. We also will modify Sec. 90.674 of our rules to codify the dispute resolution procedures set forth in the text of the 800 MHz R&O. Frequency Coordination
15. Section 90.175 is revised to clarify that 800 MHz Economic Area licensees and 900 MHz SMR licensees will continue to be exempt from frequency coordination requirements. Previously, in the Supplemental Order we provided that 800 MHz sitebased SMR licensees will be subject to frequency coordination in the 800 MHz band but inadvertently omitted this requirement from the rules. Accordingly we correct this omission. Summary of Significant Issues Raised in Response to the FRFA
16. No parties have addressed the FRFA in any subsequent filings. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply
17. The RFA generally defines ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' [FN352] 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).
18. In this MO&O, the Commission is amending the final rules adopted in the 800 MHz R&O and Supplemental Order. In this Further FRFA, we incorporate by reference the description and estimate of the number of small entities from the FRFA in the 800 MHz R&O, which identifies as potentially affected entities Governmental Licensees, Public Safety Radio Licensees, Wireless Telecommunications, Business, Industrial and Land Transportation Licensees, and Specialized Mobile Radio Licensees.
19. A small organization is generally ``any notforprofit enterprise which is independently owned and operates and is not dominant in its field.'' Nationwide as of 2002, there were approximately 1.6 million small organizations. The term ``small governmental jurisdiction'' is defined as ``governments of cities, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand.'' As of 1997, there were approximately 87,453 governmental jurisdictions in the United States. This number includes 39,044 county governments, municipalities and townships, of which 37,546 (approximately 96.2%) have populations of fewer than 50,000, and of which 1,498 have populations of 50,000 or more. Thus, we estimate the number of small governmental jurisdictions overall to be 84,098 or fewer. Nationwide, there are a total of approximately 22.4 million small businesses, according to SBA data. Description of Projected Reporting, Recordkeeping and other Compliance Requirements
20. We do not adopt new reporting, recordkeeping or other compliance requirements in this MO&O.
Steps Taken to Minimize Significant Impact on Small Entities, and Significant Alternatives Considered
21. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1) The establishment of
[[Page 76707]]
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use
of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for small entities.
22. As noted above, we reduce the size of the Expansion band in Atlanta, rather than eliminating the Expansion band in the Atlanta area. Although we reduce the Expansion band in Atlanta by .5 MHz, we maintain spectral separation between public safety and ESMR band operations. The purpose of maintaining spectral separation between public safety licensees operating in the noncellular band and ESMR licensees operating in the cellular band is to reduce the incidence of interference to public safety. In contrast, if we had eliminated the Expansion band, we would have eliminated any spectral separation between public safety and ESMR systems operating in the cellular portion of the band. Further, public safety will continue to be entitled to interference protection from unacceptable interference. As a concession, however, some Atlantabased B/ILT incumbents who would otherwise not be required to change frequencies will be required to relocate to the Expansion Band in order to accommodate public safety licensees relocating below the Expansion Band.
23. The Commission will send a copy of this Memorandum Opinion and Order, including this Supplemental Final Regulatory Flexibility Certification, in a report to be sent to Congress and the General Accounting Office pursuant to the Congressional Review Act. See 5 U.S.C. 801(a)(1)(A). In addition the Commission will send a copy of the Order including a copy of this Memorandum Opinion and Order Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the SBA. See 5 U.S.C. 605(b).
A summary of this Memorandum Opinion and Order and this certification will also be published in the Federal Register. List of Subjects in 47 CFR Parts 22 and 90
Communications, Communications common carriers, Communications
equipment, Radio, Reporting and recordkeeping requirements. Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 22 and 90 as follows:
PART 22PUBLIC MOBILE SERVICES
1. The authority citation for part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 222, 303, 309 and 332.
2. In Sec. 22.970, the section heading and paragraph (a) introductory text are revised to read as follows:
Sec. 22.970 Unacceptable interference to part 90 noncellular 800 MHz
licensees from cellular radiotelephone or part 90800 MHz cellular systems.
(a) Definition. Except as provided in 47 CFR 90.617(k),
unacceptable interference to noncellular part 90 licensees in the 800
MHz band from cellular radiotelephone or part 90800 MHz cellular
systems will be deemed to occur when the below conditions are met: * * * * *
3. In Sec. 22.971 paragraph (a) is revised to read as follows:
Sec. 22.971 Obligation to abate unacceptable interference.
(a) Strict Responsibility. Any licensee who, knowingly or
unknowingly, directly or indirectly, causes or contributes to causing
unacceptable interference to a noncellular part 90 of this chapter
licensee in the 800 MHz band, as defined in Sec. 22.970, shall be
strictly accountable to abate the interference, with full cooperation
and utmost diligence, in the shortest time practicable. Interfering
licensees shall consider all feasible interference abatement measures,
including, but not limited to, the remedies specified in the
interference resolution procedures set forth in Sec. 22.972(c). This
strict responsibility obligation applies to all forms of interference, including outofband emissions and intermodulation.
* * * * *
4. In Sec. 22.972, paragraph (c)(1) introductory text is revised to read as follows:
Sec. 22.972 Interference resolution procedures.
* * * * *
(c) * * *
(1) All Cellular Radiotelephone and part 90 of this chapter800
MHz cellular system licensees who are responsible for causing
unacceptable interference shall take all affirmative measures to
resolve such interference. Cellular Radiotelephone licensees found to
contribute to unacceptable interference, as defined in Sec. 22.970,
shall resolve such interference in the shortest time practicable.
Cellular Radiotelephone licensees and part 90 of this chapter800 MHz
cellular system licensees must provide all necessary test apparatus and
technical personnel skilled in the operation of such equipment as may
be necessary to determine the most appropriate means of timely
eliminating the interference. However, the means whereby interference
is abated or the cell parameters that may need to be adjusted is left
to the discretion of the Cellular Radiotelephone and/or part 90 of this
chapter800 MHz cellular system licensees, whose affirmative measures
may include, but not be limited to, the following techniques: * * * * *
PART 90PRIVATE LAND MOBILE RADIO SERVICES
5. The authority citation for part 90 continues to read as follows:
Authority: 4(i), 11, 303(g), 303(r), and 332(c)(7) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).
6. In Sec. 90.7, the definition for ``Cellular System (800 MHZ)'' is
removed, the definition for ``800 MHz Cellular System'' is added in its
place, the definition for ``800 MHz High Density Cellular System'' is
added following the definition for ``800 MHz Cellular System'', and the
definition for ``Critical Infrastructure Industry (CII)'' is revised to read as follows:
Sec. 90.7 Definitions.
* * * * *
800 MHz Cellular System. In the 806824 MHz/ 851869 MHz band, a system that uses multiple, interconnected, multichannel transmit/ receive cells capable of frequency reuse and automatic handoff between cell sites to serve a larger number of subscribers than is possible using noncellular technology.
800 MHz High Density Cellular System. In the 806824 MHz/ 851869
MHz band, a high density cellular system is defined as a cellular system which:
(1) Has more than five overlapping interactive sites featuring handoff capability; and
(2) Any one of such sites has an antenna height of less than 30.4 meters (100 feet) above ground level with an
[[Page 76708]]
antenna height above average terrain (HAAT) of less than 152.4 meters (500 feet) and twenty or more paired frequencies.
* * * * *
Critical Infrastructure Industry (CII). State, local government and
nongovernment entities, including utilities, railroads, metropolitan
transit systems, pipelines, private ambulances, volunteer fire
departments, and notforprofit organizations that offer emergency road
services, providing private internal radio services provided these
private internal radio services are used to protect safety of life,
health, or property; and are not made commercially available to the public.
* * * * *
7. In Sec. 90.175, paragraph (j)(8) is revised to read as follows: Sec. 90.175 Frequency coordination requirements.
* * * * *
(j) * * *
(8) Applications for SMR frequencies contained in Sec. Sec. 90.617(d) Table 4A, 90.617(e), 90.617(f) and 90.619(b)(2).
* * * * *
8. In Sec. 90.614, the section heading, the introductory text, and
paragraphs (a), (b) and (c) introductory text are revised to read as follows:
Sec. 90.614 Segments of the 806824/851869 MHz band for nonborder areas.
The 806824/851869 MHz band (``800 MHz band'') will be divided as
follows at locations farther then 110 km (68.4 miles) from the U.S./
Mexico border and 140 km (87 miles) from the U.S./Canadian border (``nonborder areas'')
(a) 800 MHz high density cellular systemsas defined in Sec.
90.7are prohibited from operating on channels 1550 in nonborder areas.
(b) 800 MHz high density cellular systemsas defined in Sec.
90.7are permitted to operate on channels 551830 in nonborder areas.
(c) In the following counties and parishes, 800 MHz high density
cellular systemsas defined in Sec. 90.7are permitted to operate on channels 411830:
* * * * *
9. In Sec. 90.615, paragraph (a) introductory text is revised to read as follows:
Sec. 90.615 Individual channels available in the General Category in 806824/851869 MHz band.
* * * * *
(a) In a given 800 MHz NPSPAC region, any channel in the 231260
range which is vacated by a licensee relocating to channels 551830 and
which remains vacant after band reconfiguration will be available as follows:
* * * * *
10. In Sec. 90.617, revise paragraphs (a), (b), (d), (e), (g)
introductory text, (h) introductory text, (i) introductory text, (j)
introductory text, and (k) introductory text to read as follows:
Sec. 90.617 Frequencies in the 809.750824/854.750869 MHz, and 896
901/935940 MHz bands available for trunked, conventional or cellular system use in nonborder areas.
* * * * *
(a) Unless otherwise specified, the channels listed in Table 1 and
paragraph (a)(1) of this section are available for to eligible
applicants in the Public Safety Category which consists of licensees
eligible in the Public Safety Pool of subpart B of this part. 800 MHz
high density cellular systems as defined in Sec. 90.7 are prohibited
on these channels. These frequencies are available in nonborder areas.
Specialized Mobile Radio Systems will not be authorized in this
category. These channels are available for intercategory sharing as indicated in Sec. 90.621(e).
Table 1.Public Safety Pool 806816/851861 MHz Band Channels [70 Channels]
Group No. Channel Nos.
269....................................... 269289311399439
270....................................... 270290312400440
279....................................... 279299319339359
280....................................... 280300320340360
309....................................... 309329349369389
310....................................... 310330350370390
313....................................... 313353393441461
314....................................... 314354394448468
321....................................... 321341361381419
328....................................... 328348368388420
351....................................... 351379409429449
332....................................... 352380410430450
Single Channels........................... 391, 392, 401, 408, 421,
428, 459, 460, 469, 470
(1) Channels numbers 1230 are also available to eligible
applicants in the Public Safety Category in nonborder areas. The
assignment of these channels will be done in accordance with the
policies defined in the Report and Order of Gen. Docket No. 87112 (See
Sec. 90.16). The following channels are available only for mutual aid
purposes as defined in Gen. Docket No. 87112: channels 1, 39, 77, 115, 153.
(2) Except as provided in paragraph (a)(3) of this section, the
channels listed in Table 1A are available in the counties listed in
Sec. 90.614(c) to eligible applicants in the Public Safety Category.
800 MHz high density cellular systems as defined in Sec. 90.7 are
prohibited on these channels. These channels are available for intercategory sharing as indicated in Sec. 90.621(e).
Table 1A.Public Safety Pool 806816/851861 MHz Band Channels for Counties in Southeastern U.S.
[70 Channels]
Group No. Channel Nos.
261....................................... 261313324335353
262....................................... 262314325336354
265....................................... 265285315333351
266....................................... 266286316334352
269....................................... 269289311322357
270....................................... 270290312323355
271....................................... 271328348358368
279....................................... 279299317339359
280....................................... 280300318340360
309....................................... 309319329349369
310....................................... 310320330350370
321....................................... 321331341361372
Single Channels........................... 326, 327, 332, 337, 338,
342, 343, 344, 345, 356
(3) The channels listed in Table 1B are available within 113 km (70
mi) of the center city coordinates of Atlanta, GA to eligible
applicants in the Public Safety Category. The center city coordinates of Atlanta, GAfor the purposes of the ruleare defined as
33[deg]44'55'' NL, 84[deg]23'17'' WL. 800 MHz high density cellular
systems as defined in Sec. 90.7 are prohibited on these channels.
These channels are available for intercategory sharing as indicated in Sec. 90.621(e).
[[Page 76709]]
Table 1B.Public Safety Pool 806816/851861 MHz Band Channels for Atlanta, GA
[70 Channels]
Group No. Channel Nos.
261....................................... 261313324335353
262....................................... 262314325336354
269....................................... 269289311322357
270....................................... 270290312323355
279....................................... 279299319339359
280....................................... 280300320340360
285....................................... 285315333351379
286....................................... 286316334352380
309....................................... 309329349369389
310....................................... 310330350370390
321....................................... 321331341361381
328....................................... 328348358368388
Single Channels........................... 317, 318, 326, 327, 332,
337, 338, 356, 371, 372
(b) Unless otherwise specified, the channels listed in Table 2 are
available to applicants eligible in the Industrial/Business Pool of
subpart C of this part but exclude Special Mobilized Radio Systems as
defined in Sec. 90.603(c). 800 MHz high density cellular systems as
defined in Sec. 90.7 are prohibited on these channels. These
frequencies are available in nonborder areas. Specialized Mobile Radio
(SMR) systems will not be authorized on these frequencies. These
channels are available for intercategory sharing as indicated in Sec. 90.621(e).
Table 2.Business/Industrial/Land Transportation Pool 806816/851861 MHz Band Channels
[100 Channels]
Group No. Channel Nos.
322....................................... 322362402442482
323....................................... 323363403443483
324....................................... 324364404444484
325....................................... 325365405445485
326....................................... 326366406446486
327....................................... 327367407447487
342....................................... 342382422462502
343....................................... 343383423463503
344....................................... 344384424464504
345....................................... 345385425465505
346....................................... 346386426466506
347....................................... 347387427467507
Single Channels........................... 261, 271, 281, 291, 301,
262, 272, 282, 292, 302,
263, 273, 283, 293, 303,
264, 274, 284, 294, 304,
265, 275, 285, 295, 305,
266, 276, 286, 296, 306,
267, 277, 287, 297, 307,
268, 278, 288, 298, 308
(1) Except as provided in paragraph (b)(2) of this section, the
channels listed in Table 2A are available in the counties listed in
Sec. 90.614(c) to eligible applicants in the Industrial/Business Pool
of subpart C of this part but exclude Special Mobilized Radio Systems
as defined in Sec. 90.603(c). 800 MHz high density cellular systems as
defined in Sec. 90.7 are prohibited on these channels. These channels
are available for intercategory sharing as indicated in Sec. 90.621(e).
Table 2A.Business/Industrial/Land Transportation Pool 806816/851861 MHz Band for Channels in Southeastern U.S.
[69 Channels]
Channel Nos.
Single Channels........................... 263, 264, 267, 268, 272,
273, 274, 275, 276, 277,
278, 281, 282, 283, 284,
287, 288, 291, 292, 293,
294, 295, 296, 297, 298,
301, 302, 303, 304, 305,
306, 307, 308, 346, 347,
362, 363, 364, 365, 366,
367, 379, 380, 381, 382,
383, 384, 385, 386, 387,
388, 389, 390, 391, 392,
393, 394, 399, 400, 401,
402, 403, 404, 405, 406,
407, 408, 409, 410
(2) The channels listed in Table 2B are available within 113 km (70
mi) of the center city coordinates of Atlanta, GA, to eligible
applicants in the Industrial/Business Pool of subpart C of this part
but exclude Special Mobilized Radio Systems as defined in Sec.
90.603(c). The center city coordinates of Atlanta, GAfor the purposes
of the ruleare defined as 33[deg]44'55'' NL, 84[deg]23'17'' WL. 800
MHz high density cellular systems as defined in Sec. 90.7 are
prohibited on these channels. These channels are available for intercategory sharing as indicated in Sec. 90.621(e).
Table 2B.Business/Industrial/Land Transportation Pool 806816/851861 MHz Band for Channels in Atlanta, GA
[69 Channels]
Channel Nos.
Single Channels........................... 263, 264, 265, 266, 267,
268, 271, 272, 273, 274,
275, 276, 277, 278, 281,
282, 283, 284, 287, 288,
291, 292, 293, 294, 295,
296, 297, 298, 301, 302,
303, 304, 305, 306, 307,
308, 342, 343, 344, 345,
346, 347, 362, 363, 364,
365, 366, 367, 382, 383,
384, 385, 386, 387, 391,
392, 393, 394, 399, 400,
401, 402, 403, 404, 405,
406, 407, 409, 410 * * * * *
(d) Unless otherwise specified, the channels listed in Tables 4A
and 4B are available only to eligibles in the SMR categorywhich
consists of Specialized Mobile Radio (SMR) stations and eligible end
users. 800 MHz high density cellular systems, as defined in Sec. 90.7,
are prohibited on these channels. These frequencies are available in
nonborder areas. The spectrum blocks listed in Table 4A are available
for EAbased services (as defined by Sec. 90.681) prior to January 21,
2005. No new EAbased services will be authorized after January 21,
2005. EAbased licensees who operate nonhighdensity cellular systems
prior to January 21, 2005, may choose to remain on these channels in
the nonhighdensity cellular portion of the 800 MHz band (as defined
in Sec. 90.614). These licensees may continue to operate nonhigh
density cellular systems and will be grandfathered indefinitely. The
channels listed in Table 4B will be available for sitebased licensing after January 21, 2005, in any
[[Page 76710]]
Economic Area where no EAbased licensee is authorized for these channels.
Table 4A.EABased SMR Category 806816/851861 MHz Band Channels, Available Prior to January 21, 2005
[80 Channels]
Spectrum block Channel Nos.
G......................................... 311351391431471
H......................................... 312352392432472
I......................................... 313353393433473
J......................................... 314354394434474
K......................................... 315355395435475
L......................................... 316356396436476
M......................................... 317357397437477
N......................................... 318358398438478
O......................................... 331371411451491
P......................................... 332372412452492
Q......................................... 333373413453493
R......................................... 334374414454494
S......................................... 335375415455495
T......................................... 336376416456496
U......................................... 337377417457497
V......................................... 338378418458498
Table 4B.SMR Category 806816/851861 MHz Band Channels, Available
After January 21, 2005, for SiteBased Licensing [80 Channels]
Group No. Channel Nos.
315....................................... 315355395435475
316....................................... 316356396436476
317....................................... 317357397437477
318....................................... 318358398438478
331....................................... 331371411451491
332....................................... 332372412452492
333....................................... 333373413453493
334....................................... 334374414454494
335....................................... 335375415455495
336....................................... 336376416456496
337....................................... 337377417457497
338....................................... 338378418458498
Single Channels........................... 431, 432, 433, 434, 471,
472, 473, 474, 479, 480,
481, 488, 489, 490, 499,
500, 501, 508, 509, 510
(1) Except as provided in paragraph (d)(2) of this section, the
channels listed in Table 4C are available in the counties listed in
Sec. 90.614(c) for nonhighdensity cellular operations only to
eligibles in the SMR categorywhich consists of Specialized Mobile
Radio (SMR) stations and eligible end users. 800 MHz high density
cellular systems as defined in Sec. 90.7 are prohibited on these
channels. These channels are available for intercategory sharing as indicated in Sec. 90.621(e).
Table 4C.SMR Category 806816/851861 MHz Band Channels Available for
SiteBased Licensing in Southeastern U.S. After January 21, 2005 [11 Channels]
Channel Nos.
Single Channels........................... 371, 373, 374, 375, 376,
377, 378, 395, 396, 397, 398
(2) The channels listed in Table 4D are available within 113 km (70
mi) of the center city coordinates of Atlanta, GA, only to eligibles in
the SMR categorywhich consists of Specialized Mobile Radio (SMR)
stations and eligible end users. The center city coordinates of Atlanta, GAfor the purposes of this ruleare defined as
33[deg]44'55'' NL, 84[deg]23'17'' WL. 800 MHz high density cellular
systems as defined in Sec. 90.7 are prohibited on these channels.
These channels are available for intercategory sharing as indicated in
Sec. 90.621(e). 800 MHz high density cellular systems as defined in
Sec. 90.7 are prohibited on these channels. These channels are
available for intercategory sharing as indicated in Sec. 90.621(e).
Table 4D.SMR Category 806816/851861 MHz Band Channels Available for
SiteBased Licensing in Atlanta, GA after January 21, 2005 [11 Channels]
Channel Nos.
Single Channels........................... 373, 374, 375, 376, 377,
378, 395, 396, 397, 398, 408
(e) The Channels listed in Sec. 90.614(b) and (c) are available to
eligibles in the SMR categorywhich consists of Specialized Mobile
Radio (SMR) stations and eligible end users. ESMR licensees which
employ an 800 MHz high density cellular system, as defined in Sec.
90.7, are permitted to operate on these channels in nonborder areas.
ESMR licensees authorized prior to January 21, 2005, may continue to
operate, if they so choose, on the channels listed in Table 5. These licensees will be grandfathered indefinitely.
Table 5.ESMR Category 816821 MHz Band Channels for Cellular
Operations in NonBorder Areas Available Prior to January 21, 2005 [200 Channels]
Spectrum block Channel Nos.
A......................................... 511 through 530.
B......................................... 531 through 590.
C......................................... 591 through 710. * * * * *
(g) In a given 800 MHz NPSPAC region, channels below 471 listed in
Tables 2 and 4B which are vacated by licensees relocating to channels
551830 and which remain vacant after band reconfiguration will be available as follows:
* * * * *
(h) In a given 800 MHz NPSPAC region, channels below 471 listed in
Tables 2 and 4B which are vacated by a licensee relocating to channels
511550 and remain vacant after band reconfiguration will be available as follows:
* * * * *
(i) Special Mobilized Radio Systems licensees who operate systems,
other than 800 MHz high density cellular systems, on any of the public
safety channels listed in Table 1 prior to January 21, 2005, are
grandfathered and may continue to operate on these channels indefinitely. These grandfathered licensees will be
[[Page 76711]]
prohibited from operating 800 MHz high density cellular systems as
defined in Sec. 90.7. Sitebased licensees who are grandfathered on
any of the public safety channels listed in Table 1 may modify their
license only if they obtain concurrence from a certified public safety
coordinator in accordance with Sec. 90.175(c). Grandfathered EAbased
licensees, however, are exempt from any of the frequency coordination
requirements of Sec. 90.175 as long as their operations remain within
the Economic Area defined by their license in accordance with the requirements of Sec. 90.683(a).
(j) Licensees operating 800 MHz high density cellular systems on
the channels listed in Sec. 90.614(a), prior to January 21, 2005, may
elect to continue operating on these channels and will be permitted to
continue operating 800 MHz high density cellular systems (as defined in
Sec. 90.7) in this portion of the band. These licensees will be
grandfathered indefinitely subject to the provisions of Sec. Sec. 90.673, 90.674 and 90.675.
(k) Licensees may operate systems other than 800 MHz high density
cellular systems (as defined in Sec. 90.7) on Channels 511550 at any
location vacated by an EAbased SMR licensee. For operations on these
channels, unacceptable interference (as defined in Sec. 22.970 of this
chapter and Sec. 90.672) will be deemed to occur only at sites where
the following median desired signals are received (rather than those
specified in Sec. 22.970(a)(1)(i) of this chapter and Sec.
90.672(a)(1(i). The minimum required median desired signal, as measured at the R.F. input of the receiver, will be as follows:
* * * * *
11. In Sec. 90.619 paragraph (d)(2) is revised to read as follows:
Sec. 90.619 Frequencies available for use in the U.S./Mexico and U.S./Canada border areas.
* * * * *
(d) * * *
(2) All frequency assignments made pursuant to paragraph (d)(1) of
this section shall comply with the requirements of Sec. 90.619(b). * * * * *
12. In Sec. 90.672, the section heading and the introductory text of paragraph (a) are revised to read as follows:
Sec. 90.672 Unacceptable interference to noncellular 800 MHz
licensees from 800 MHz cellular systems or Part 22 Cellular Radiotelephone systems.
(a) Definition. Except as provided in 47 CFR 90.617(k),
unacceptable interference to noncellular licensees in the 800 MHz band
from 800 MHz cellular systems or part 22 of this chapter, Cellular
Radiotelephone systems will be deemed to occur when the below conditions are met:
* * * * *
13. In Sec. 90.674, paragraphs (a) introductory text and (c)(1) introductory text are revised to read as follows:
Sec. 90.674 Interference resolution procedures before, during and after band reconfiguration.
(a) Initial Notification. Any noncellular licensee operating in
the 806824/851869 MHz band who reasonably believes it is receiving
unacceptable interference, as described in Sec. 90.672, shall provide
an initial notification of the interference incident. This initial
notification of an interference incident shall be sent to all part 22
of this chapter Cellular Radiotelephone licensees and ESMR licensees
who operate cellular base stations (``cell sites'') within 1,524 meters (5,000 feet) of the interference incident.
* * * * *
(c) * * *
(1) All 800 MHz cellular system licensees and part 22 of this
chapter Cellular Radiotelephone licensees who are responsible for
causing unacceptable interference shall take all affirmative measures
to resolve such interference. 800 MHz cellular system licensees found
to contribute to harmful interference, as defined in Sec. 90.672,
shall resolve such interference in the shortest time practicable. 800
MHz cellular system licensees and part 22 of this chapter Cellular
Radiotelephone licensees must provide all necessary test apparatus and
technical personnel skilled in the operation of such equipment as may
be necessary to determine the most appropriate means of timely
eliminating the interference. However, the means whereby interference
is abated or the cell parameters that may need to be adjusted is left
to the discretion of involved 800 MHz cellular system licensees and/or
part 22 of this chapter Cellular Radiotelephone licensees, whose
affirmative measures may include, but not be limited to, the following techniques:
* * * * *
14. In Sec. 90.676 paragraphs (b)(3), (b)(4), and (b)(5) are revised to read as follows:
Sec. 90.676 Transition administrator for reconfiguration of the 806
824/851869 MHz band in order to separate highdensity cellular systems from noncellular systems.
* * * * *
(b) * * *
(3) Provide quarterly progress reports to the Commission in such
detail as the Commission may require and include, with such reports,
certifications by Nextel and the relevant licensees that relocation has
been completed and that both parties agree on the amount received from
the letter of credit proceeds in connection with relocation of the
licensees' facilities. The report shall include description of any
disputes that have arisen and the manner in which they were resolved.
These quarterly reports need not be audited. The Transition
Administrator may select the dates for filing the quarterly progress reports;
(4) Provide to the Public Safety and Critical Infrastructure
Division with an annual audited statement of relocation funds expended
to date, including salaries and expenses of Transition Administrator.
The Transition Administrator may select the date for filing the annual audited statement;
(5) Facilitate resolution of disputes by mediation; or referral of
the parties to alternative dispute resolution services as described in Sec. 90.677(d).
* * * * *
15. In Sec. 90.677, the introductory paragraph and paragraph (d) are revised to read as follows:
Sec. 90.677 Reconfiguration of the 806824/851869 MHz band in order
to separate highdensity cellular systems from noncellular systems.
In order to facilitate reconfiguration of the 806824/851869 MHz
band (``800 MHz band'') to separate highdensity cellular systems from
noncellular systems, Nextel Communications, Inc. (Nextel) may relocate
incumbents within the 800 MHz band by providing ``comparable
facilities.'' For the limited purpose of band reconfiguration, the
provisions of Sec. 90.157 shall not apply and intercategory sharing
will be permitted under all circumstances. Such relocation is subject to the following provisions:
* * * * *
(d) Transition Administrator. (1) The Transition Administrator, or
other mediator, shall attempt to resolve disputes referred to it before
the conclusion of the mandatory negotiation period as described in
Sec. 90.677(c) within thirty working days after the Transition
Administrator has received a submission by one party and a response
from the other party. Any party thereafter may seek expedited non
binding arbitration which must be completed within thirty days of the
Transition Administrator's, or other mediator's recommended decision or advice. Should issues still remain
[[Page 76712]]
unresolved they may be referred to the Chief of the Public Safety and
Critical Infrastructure Division of the Wireless Telecommunications
Bureau within thirty days of the Transition Administrator's, or other
mediator's recommended decision or advice. When referring an unresolved
matter to the Chief of the Public Safety and Critical Infrastructure
Division, the Transition Administrator shall forward the entire record
on any disputed issues, including such dispositions thereof that the
Transition Administrator has considered. Upon receipt of such record
and advice, the Commission will decide the disputed issues based on the
record submitted. The authority to make such decisions is delegated to
the Chief of the Public Safety and Critical Infrastructure Division of
the Wireless Telecommunications Bureau who may decide the disputed
issue or designate it for an evidentiary hearing before an
Administrative Law Judge. If the Chief of the Public Safety and
Critical Infrastructure Division of the Wireless Telecommunications
Bureau decides an issue, any party to the dispute wishing to appeal the
decision may do so by filing with the Commission, within ten days of
the effective date of the initial decision, a Petition for de novo
review; whereupon the matter will be set for an evidentiary hearing
before an Administrative Law Judge. Any disputes submitted to the
Transition Administrator after the conclusion of the mandatory
negotiation period as described in Sec. 90.677(c) shall be resolved as described in Sec. 90.677(d)(2).
(2) If no agreement is reached during either the voluntary or
mandatory negotiating periods, all disputed issues shall be referred to
the Transition Administrator who shall attempt to resolve them. If
disputed issues remain thirty working days after the end of the
mandatory negotiation period, the Transition Administrator shall
forward the record to the Chief of the Public Safety and Critical
Infrastructure Division, together with advice on how the matter(s) may
be resolved. The Chief of the Public Safety and Critical Infrastructure
Division is hereby delegated the authority to rule on disputed issues,
de novo. If the Chief of the Public Safety and Critical Infrastructure
Division of the Wireless Telecommunications Bureau decides an issue,
any party to the dispute wishing to appeal the decision may do so by
filing with the Commission, within ten days of the effective date of
the initial decision, a Petition for de novo review; whereupon the
matter will be set for an evidentiary hearing before an Administrative Law Judge.
* * * * *
16. In Sec. 90.685 paragraph (e) is added to read as follows:
Sec. 90.685 Authorization, construction and implementation of EA licenses.
* * * * *
(e) EA licensees operating on channels listed in Sec. 90.614(b)
and (c) must implement an Enhanced Specialized Mobile Radio (ESMR) systemas defined in Sec. 90.7on their EA license and any
associated sitebased licenses prior to the expiration date of the EA
license. EA licensees operating on these channels shall follow the
construction notification procedures set forth in Sec. 1.946(d) of
this chapter. Failure to implement an ESMR system on their EA and site
based licenses before the expiration date of the EA license will result
in termination of the EA license and any associated sitebased licenses pursuant to Sec. 1.946(c) of this chapter.
[FR Doc. 0524373 Filed 122705; 8:45 am]
BILLING CODE 671201P
FOR FURTHER INFORMATION CONTACT
Technical Information: Brian Marenco,
Brian.Marenco@FCC.gov, Public Safety
[[Page 76705]]
and Critical Infrastructure Division, Wireless Telecommunications
Bureau, (202) 4180680, or TTY (202) 4187233. Legal Information:
Roberto Mussenden, Esq., Roberto.Mussenden@FCC.gov, Public Safety and
Critical Infrastructure Division, Wireless Telecommunications Bureau
(202) 4180680, or TTY (202) 4187233.