Federal Register, Volume 59 Issue 117 (Monday, June 20, 1994)

[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14773]

[[Page Unknown]]

[Federal Register: June 20, 1994]

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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90

[DA 94-544]

Private Land Mobile Radio Services; Licensing of 800 MHz Channels
in the U.S./Canada Border Area

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Deputy Chief, Private Radio Bureau released this Order to
remove certain restrictions on land mobile radio operations along the
U.S./Canada border that were designed to protect operation of certain
Canadian UHF television stations. As a result of adopting this Order,
licensing in certain previously restricted areas along the Canadian
border in the relevant portions of the 806-890 MHz band may begin
immediately.

EFFECTIVE DATE: May 24, 1994.

FOR FURTHER INFORMATION CONTACT:
Edward R. Jacobs, Private Radio Bureau, Land Mobile and Microwave
Division, (202) 632-7597.

SUPPLEMENTARY INFORMATION:

Order

In the Matter of: Amendment of Subpart S of Part 90 of the Rules
to Remove Certain Restrictions on the Licensing of Channels in the
806-821/851-866 MHz Band in the U.S./Canada Border Area.

Adopted: May 24, 1994
Released: June 2, 1994

By the Deputy Chief, Private Radio Bureau.
1. On January 4, 1994, the United States and Canada exchanged Notes
that modified the ``Arrangement Between the Department of
Communications of Canada and the Federal Communications Commission of
the United States Concerning the use of the Band 806-890 MHz along the
Canada-United States Border.'' The effect of these modifications was to
remove certain restrictions on land mobile radio operations along the
U.S./Canada border that were designed to protect the operation of
certain Canadian UHF television stations. This Order modifies Subpart S
of Part 90, 47 CFR Part 90, to conform the rules to the modified
agreement and to permit land mobile licensing on the relevant
frequencies in the previously restricted areas along the Canadian
border. These channels are immediately available for licensing.
2. These rule changes will facilitate the construction and
operation of additional Private Land Mobile Radio stations in the
Canadian border area. This should result in improved mobile
communication service to the public without adversely affecting any
party. As this Order does not impose new rules on licensees that would
adversely affect their substantive rights, we find that notice and
comment procedures are neither necessary nor appropriate.\1\ To
initiate a notice and comment procedure to make these additional
channels available for licensing in the relevant Canadian border area
would significantly delay the use of these channels without any
countervailing public interest benefit. Further, because the rule
changes relieve a restriction, we also conclude that these changes
should become effective immediately upon publication in the Federal
Register.\2\
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\1\See 5 U.S.C. 553(b)(3)(B).
\2\See 5 U.S.C. 553(d)(1).
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3. Accordingly, IT IS ORDERED, pursuant to Section 4(i) and 303(r)
of the Communications Act, as amended, 47 U.S.C. 154(i) and 303(r) and
Section 0.331(a)(1) of the Commission's Rules, 47 CFR 0.331(a)(1), that
Part 90 of the Commission's Rules is amended as set forth below.
4. It is further ordered that, because these amendments eliminate a
restriction on the use of spectrum in the Canadian border area, this
Order is effective immediately upon adoption. See 5 U.S.C. 553(d).

List of Subjects in 47 CFR Part 90

Radio.

Federal Communications Commission.
Beverly G. Baker,
Deputy Chief, Private Radio Bureau.

Rule Changes

47 CFR Part 90 is amended as follows:

PART 90--[AMENDED]

1. The authority citation for Part 90 continues to read as follows:

Authority: Sections 4, 303, 48 Stat., as amended, 1066, 1082; 47
U.S.C. 154, 303, unless otherwise noted.

2. 47 CFR 90.619 is amended by revising paragraph (b)(5) and
removing and reserving (b)(6) to read as follows:

Sec. 90.619 Frequencies available for use in the U.S./Mexico and U.S./
Canada border areas.

* * * * *
(b) * * *
(5) Applicants requesting authorizations in the frequency bands in
the geographical areas listed below shall submit documentation
indicating compliance with the following protection criteria to the
indicated Canadian television station. Protection to Canadian
television assignments and allotments is based on the field strength of
an interfering mobile radio signal at the TV station's calculated Grade
B contour (64 dBu) not exceeding the TV field strength by more than 20
dB (i.e., 84 dBu). The field strength of the TV assignment or allotment
is calculated using the R6602 [F(50,50)] propagation curves and any
land mobile base station interfering signal is calculated using the
R6602 [F(50,10)] propagation curves at a receiving effective antenna
height of 9.1 meters (30 feet). Where the calculated field strength of
the TV assignment or allotment exceeds the Grade B contour value of 64
dBu at the Canada/U.S.A. border, the land mobile radio signal may not
exceed the actual calculated TV field strength at the border by more
than 20 dB.

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Frequency bands (MHz) Areas
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852-853.25 MHz (Cornwall--TV Area bounded by a line joining, clockwise, the following coordinates:
Channel 63). starting at point 45 deg.00'00'' N. Lat., 74 deg.38'00'' W. Long., moving
east along the Canada/USA border to point 44 deg.59'30'' N. Lat., 74
deg.05'00'' W. Long., moving south west to point 44 deg.56'30'' N. Lat.,
74 deg.08'00'' W. Long. moving west to point 45 deg.00'00'' N. Lat., 74
deg.38'00'' W. Long.
The second area is bounded by a line joining, clockwise, the following
coordinates: 44 deg.50'30'' N. Lat., 75 deg.17'30'' W. Long., moving east
along the Canada/USA border to point 44 deg.55'30'' N. Lat., 75
deg.05'00'' W. Long., moving south to point 44 deg.55'00'' N. Lat., 75
deg.05'00'' W. Long., moving south west to point 44 deg.53'00'' N. Lat.,
75 deg.06'30'' W. Long., moving south west to point 44 deg.48'30'' N.
Lat., 75 deg.14'30'' W. Long., and moving north west to point 44
deg.50'30'' N. Lat., 75 deg.17'30'' W. Long.
852-854.75 MHz (Vancouver--TV Area bounded by a line joining, clockwise, the following coordinates:
Channel 63). starting at point 49 deg.00'00'' N. Lat., 122 deg.45'30'' W. Long., moving
east along the Canada/USA border to point 49 deg.00'00'' N. Lat., 122
deg.05'00'' W. Long., moving south west to point 48 deg.57'30'' N. Lat.,
122 deg.09'00'' W. Long., moving west to point 48 deg.59'00'' N. Lat., 122
deg.44'30'' W. Long., and moving north to point 49 deg.00'00'' N. Lat.,
122 deg.45'30'' W. Long.
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(6) (Reserved)
* * * * *
[FR Doc. 94-14773 Filed 6-17-94; 8:45 am]
BILLING CODE 6712-01-M