Federal Register, Volume 60 Issue 56 (Thursday, March 23, 1995)

[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Rules and Regulations]
[Pages 15248-15255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5785]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 90

[PR Docket No. 93-61; FCC 95-41]

Automatic Vehicle Monitoring Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This rule making proceeding adopts rules for the future
licensing and continued development of a number of services and
equipment using the 902-928 MHz band. In recent years, Automatic
Vehicle Monitoring (AVM) systems and unlicensed Part 15 devices have
developed and proliferated in this band and are providing services that
are valuable and in the public interest. These services range from
licensed vehicle location and automatic toll collection systems to
unlicensed devices used for utility meter reading and inventory
control. The adopted allocation plan for the 902-928 MHz band includes
8 MHz of additional spectrum for AVM services and establishes new
provisions for governing the interference obligations of Part 15 and
amateur operations in this band. This plan balances the differing
operational needs of these varied types of uses so that most AVM
systems and Part 15 devices will be able to achieve their service
objectives without impeding each other's use of the spectrum. The
adopted rules also [[Page 15249]] modify and eliminate outdated
regulations that have not kept pace with the technological evolution of
AVM and establish a new service, the Location and Monitoring Service
(LMS), that both encompasses the old AVM service and future advanced
transportation-related services.

EFFECTIVE DATE: April 24, 1995.

FOR FURTHER INFORMATION CONTACT:
Thomas S. Dombrowsky, Martin D. Liebman or John J. Borkowski in the
Wireless Telecommunications Bureau at (202) 418-0620.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in PR Docket No. 93-61, adopted February 3, 1995 and released
February 6, 1995. The full texts of Commission decisions are available
for inspection and copying during normal business hours in the FCC
Docket Branch (Room 230), 1919 M Street, NW, Washington, DC. The
complete text of this decision may also be purchased from the
Commission's copy contractor, International Transcription Services
(ITS), Inc., (202) 857-3800, 2100 M Street, NW, Suite 140, Washington,
DC 20037.

Paperwork Reduction

The proposal contained herein has been analyzed with respect to the
Paperwork Reduction Act of 1980 and found to contain no new or modified
form, information collection and/or record keeping, labeling,
disclosure, or record retention requirements; and will not increase or
decrease burden hours imposed on the public.

Summary of the Report and Order

1. The Commission initiated the AVM service in 1974, when it
adopted its Report and Order in Docket No. 18302. 30 RR 2d 1665 (1974)
(1974 Order). In the 1974 Order, we found that AVM had the potential to
accommodate a number of important functions, such as tracking and
monitoring large fleets of vehicles and providing information to allow
more efficient use of vehicles through better dispatch and routing
information. We also noted that AVM systems had already been operating
for several years on an experimental and developmental basis, allowing
us to gain valuable information regarding advances in AVM technology.
[The Commission first licensed AVM on a developmental basis in 1968. In
1972, the Commission sought additional information on the development
of AVM since its original inquiry and proposed to adopt rules for
permanent licensing. See Further Notice of Inquiry and Notice of
Proposed Rule Making, Docket No. 18302, 35 FCC 2d 692 (1972). While
recognizing the technological progress made by AVM, we concluded that
development of new vehicle monitoring technologies was also likely in
the future, making it inadvisable to adopt permanent rules until more
information was available regarding the viability of such new
technologies. Accordingly, we decided to provide for the licensing of
AVM systems on both a permanent and a developmental basis under
``interim'' rules. 1974 Order at para. 5. These rules have remained in
effect until now.
2. Our 1974 AVM rules provide for licensing of AVM systems in the
903-912 and 918-927 MHz bands, as well as in several bands below 512
MHz. While little licensing of AVM has occurred below 512 MHz, there
has been significant AVM use of the 900 MHz bands in recent years.
Existing AVM systems in these bands generally fall into one of two
broad technological categories: multilateration systems and non-
multilateration systems. Multilateration systems use spread-spectrum
technology to locate vehicles (and other moving objects) with great
accuracy throughout a wide geographic area. This technology is used,
for example, by trucking companies to locate and track their vehicle
fleets, by municipal governments to pinpoint the location of their
buses, and by entrepreneurs who are developing subscriber-based, stolen
vehicle recovery systems. Non-multilateration systems use narrowband
technology to transmit data to and from vehicles passing through a
particular location. This technology is now providing valuable services
to state and local governments operating various types of automated
toll collection systems--with an estimated 500,000 cars currently
served by such systems--and by the railroad industry in the monitoring
of their systems' railway cars.
3. It is expected that in the coming years both types of LMS
systems will play an integral role in the development and
implementation of the variety of radio advanced transportation-related
services, known as ``Intelligent Vehicle Highway Systems'' (IVHS) or
``Intelligent Transportation Systems'' (ITS). The ITS is a collection
of advanced radio technologies that promise to improve the efficiency
and safety of our nation's highways, reduce harmful automobile
emissions, promote more efficient energy use, and increase national
productivity.
4. To recognize the expected growth of ITS, this Report and Order
creates a new subpart in Part 90 for Transportation Infrastructure
Radio Services (TIRS). The Location and Monitoring Service (LMS), which
uses the 902-928 MHz band, constitutes the first service contained
within the TIRS category. As we allocate additional spectrum or create
new services intended to further the efficiency of the nation's
transportation infrastructure, these new services will likely be
regulated under the TIRS. The TIRS will thus further Congress's goal of
encouraging ITS by providing an organized and unified approach towards
regulating spectrum for ITS-related services.
5. LMS systems will share their portion of the 902-928 MHz band
with other users. The band is allocated on a primary basis for use by
Government radiolocation systems and Industrial, Scientific, and
Medical (ISM) equipment, with Government fixed and mobile operations
secondary to these users. Amateur Radio Service licensees operate in
the entire band, but on a secondary basis to the ISM, Government and
AVM users. Part 15 uses are permitted in this band, but are secondary
to all other uses, including AVM and amateur operations.
6. In 1989 and 1990, we also modified our rules to permit enhanced
operation of spread spectrum-based radio devices throughout the 902-928
MHz band on an unlicensed basis, pursuant to Part 15 of our Rules.
Since modifying our rules to provide for enhanced Part 15 operations,
see Report and Order, Gen. Docket No. 87-389, 4 FCC Rcd 3493 (1989), 54
FR 17710 (April 25, 1989), and Report and Order, Gen. Docket No. 89-
354, 5 FCC Rcd 4125 (1990), 55 FR 28760 (July 13, 1990), a large number
of equipment manufacturers and entrepreneurial companies have developed
radio devices and implemented radio systems employing spread-spectrum
technology in the 902-928 MHz band. It is estimated that several
million Part 15 devices have been sold and are being used every day to
provide a wide variety of valuable services to the American public.
7. On May 28, 1992, North American Teletrac and Location
Technologies (Teletrac) filed a Petition for Rule Making (RM-8013)
requesting that we adopt permanent rules for licensing AVM systems. On
March 11, 1993, in response to Teletrac's petition, we adopted the
Notice of Proposed Rule Making (Notice) in this proceeding to examine
the future licensing and continued development of AVM systems, PR
Docket No. 93-61, 8 FCC Rcd. 2502 (1993), 58 FR 21276 (April 20, 1993).
In the Notice, we propose to replace the existing interim rules for AVM
with permanent rules. We also proposed to expand the technical
[[Page 15250]] parameters of the service to permit locating and
monitoring of people and objects, as well as vehicles, and therefore
proposed to rename the service as the Location and Monitoring Service
(LMS). Additionally, we proposed to allocate the entire 902-928 MHz
band for LMS, with separate allocations for multilateration LMS systems
and non-multilateration LMS systems. We proposed that all LMS systems
operate on a shared basis.
8. In response to our Notice, we received numerous comments and
reply comments from LMS service providers, LMS licensees that use LMS
systems to meet their own internal needs (such as railroad companies
and local government entities), LMS users, manufacturers and users of
Part 15 equipment, and Amateur operators. We solicited further comments
and reply comments in response to ex parte communications we received.
See Public Notice, DA 94-129, PR Docket No. 93-61, 59 Fed.Reg. 7239
(February 15, 1994). Comments offered a wide array of suggestions on
the many complex issues raised in the Notice. Although we are adopting
many of the proposals set forth in our Notice, the comprehensive record
developed in this proceeding has led us to modify some of our
proposals, especially as they concern the spectrum available for the
different types of LMS systems, the licensing procedures for the band,
and the general obligations of various users of the band.
9. Multilateration and non-multilateration LMS systems, amateur
operations, and Part 15 devices will all play an important role in
providing valuable services to the American public in the coming years.
We believe that our decisions in this proceeding recognize this
importance and will enable all of these services to make continued use
of this spectrum. We have therefore developed a spectrum plan that
attempts to accommodate all of these users' requirements. The plan: (1)
continues to permit secondary operations by unlicensed Part 15 and
amateurs across the entire band, but affords users in these services a
greater degree of protection to their operations; (2) enables non-
multilaterations LMS systems to operate on spectrum separate from
multilateration systems; and (3) allocates spectrum on an exclusive
basis for multilateration LMS licenses.
10. In this Report and Order we have therefore made the following
decisions:
Change the name of this service from the Automatic Vehicle
Monitoring (AVM) to the Location and Monitoring Service (LMS).
Change the terminology used to refer to the two general
categories of LMS technologies from ``wideband'' and ``narrowband'' to
``multilateration'' and ``non-multilateration,'' respectively.
Permit multilateration LMS systems to locate any object--
animate or inanimate--ancillary to their primary vehicular location and
monitoring services.
Permit LMS systems to transmit and receive status and
instructional information, both non-voice and voice, related to the
location and monitoring of a mobile unit and permit LMS systems to
interconnect with the Public Switched Network (PSN) on a restricted
basis.
Expand LMS license eligibility to all entities to be licensed
under Part 90 of our Rules and allow service in the 902-928 MHz band to
be provided by LMS licensees to both individuals and the Federal
Government on a commercial basis to paying subscribers.
Clarify what constitutes harmful interference to
multilateration licensees by unlicensed Part 15 devices and amateur
operations.
Allocate an additional 8 MHz of spectrum in the 902-928 MHz
band for LMS use, permitting the entire band to be used for this
purpose. Adopt a spectrum allocation scheme for the 902-928 MHz band
that assigns separate sub-bands for multilateration and non-
multilateration operations as follows:

------------------------------------------------------------------------
Band (MHz) System license
------------------------------------------------------------------------
902.000-904.000.................... Non-multilateration.
904.000-909.750.................... Multilateration.
909.750-919.750.................... Non-multilateration.
919.750-921.750.................... Multilateration and non-
multilateration.
921.750-927.250.................... Multilateration.
927.250-928.000.................... Multilateration\1\.
------------------------------------------------------------------------
\1\This is not considered a separate sub-band. Each licensee in the
904.000-909.75 MHz, 919.750-921.750 MHz and 921.750-927.250 MHz sub-
bands will obtain a narrowband assignment at the top of the 902-928
MHz band for forward link operations, as follows: 927.250-927.500 MHz
for the 921.750-927.250 MHz band; 927.500-927.750 MHz for the 919.750-
921.750 band; and 927.750-928.000 MHz for the 904.000-909.750 band.

License exclusive multilateration LMS systems within each
Mayor Trading Area (MTA)\1\ and four additional MTA-like service
areas\2\ in the three sub-bands designated above, and resolve mutually
exclusive applications through competitive bidding.

\1\Rand-McNally organizes the 50 states and the District of
Columbia into 47 MTAs. See Rand-McNally Commercial Atlas and
Marketing Guide, 36-39, (123d ed. 1992). PCIA and Rand-McNally have
recently entered into an agreement regarding the use of Rand-
McNally's market area designations (i.e., Basic Trading Areas (BTAs)
and Major Trading Areas (MTAs)) for the licensing of various mobile
radio services. LMS is not covered by this agreement. The listings
of the Major Trading Areas, including the counties, parishes and
census divisions that comprise each MTA, are available for public
inspection in the Office of Engineering and Technology's Technical
Information Center, 2nd Floor, 2000 M Street NW., Washington, D.C.
\2\The four additional regions are: (1) Guam and the Northern
Mariana Islands; (2) the Commonwealth of Puerto Rico and the U.S.
Virgin Islands; (3) American Samoa; and (4) Alaska will be treated
as a single area separate from the Seattle MTA. This is consistent
with our MTA-based service area definitions for broadband PCS (see
47 CFR 24.102) and for the Commercial Mobile Radio Services.
---------------------------------------------------------------------------

Grandfather base stations of multilateration system licensees
authorized as of February 3, 1995 and constructed and in operation by
April 1, 1996.
License non-multilateration systems on a shared basis in the
three sub-bands designated above.
Allow multilateration licensees to commence operations only
after demonstrating interference with Part 15 operations is minimized.

Ordering Clauses

11. Accordingly, It is Ordered that, pursuant to the authority of
Sections 4(i), 302, 303(r), and 332(a)(2) of the Communications Act of
1934, as amended, 47 U.S.C. Secs. 154(i), 302, 303(r), and 332(a),
Parts 2 and 90 of the Commission's Rules, 47 CFR Parts 2 and 90, Are
Amended as set forth below, effective on April 24, 1995.
12. The Petition for Rule Making filed on January 13, 1994 by the
American Radio Relay League Is Denied.
13. For further information concerning this Report and Order,
contact Thomas S. Dombrowsky, Martin D. Liebman or John J. Borkowski of
the Wireless Telecommunications Bureau at (202) 418-0620.

Final Regulatory Flexibility Analysis

Pursuant to Section 603 of Title 5, United States Code, 5 U.S.C.
603, an Initial Regulatory Flexibility Analysis was incorporated in the
Notice of Proposed Rule Making in PR Docket No. 93-61. Written comments
on the proposals in the Notice, including the Initial Regulatory
Flexibility Analysis, were requested.
Pursuant to Section 604 of Title 5, United States Code, 5 U.S.C.
604, a Final Regulatory Flexibility Analysis was incorporated in the
Report and Order in PR Docket No. 93-61 and is presented below.

A. Need and Purpose of the Action

The rules adopted herein will enhance use of the 902-928 MHz band
[[Page 15251]] for location and monitoring systems. These rules replace
the existing interim rules that govern automatic vehicle monitoring
systems. The new rules create a more stable environment for LMS system
licensees and provide much needed flexibility for operators of such
systems.

B. Issues Raised in Response to the Initial Regulatory Flexibility
Analysis

There were no comments submitted in response to the Initial
Regulatory Flexibility Analysis.

C. Significant Alternatives Considered and Rejected

All significant alternatives are discussed in this Report and
Order.

List of Subjects

47 CFR Part 2

Allocations, Radio.

47 CFR Part 90

Business and industry, Radio.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Amendatory Text

Parts 2 and 90 of Chapter I of Title 47 of the Code of Federal
Regulations are amended as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS

1. The authority citation for Part 2 continues to read as follows:

Authority: Sec. 4, 302, 303, and 307 of the Communications Act
of 1934, as amended, 47 U.S.C. Sections 154, 154(i), 302, 303,
303(r), and 307, unless otherwise noted.

2. Section 2.106, the Table of Frequency Allocations, is amended by
revising the entries for 902-928 MHz in the United States table (Cols.
4 through 7) and by revising United States footnotes US218 and US275 to
read as follows:

Sec. 2.106 Table of Frequency Alllocations.

* * * * *

International table United States table FCC use designators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Government Non-Government
Region 1--allocation Region 2--allocation Region 3--allocation -------------------------------------------- Rule part(s) Special-use
MHz MHz MHz Allocation MHz Allocation MHz frequencies
(1) (2)................. (3)................. (4)................. (5)................. (6)................. (7)

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

* * *............. * * * * * * 902-928 902-928............. Private Land Mobile 91513
RADIOLOCATION. 707 US215 US218 (90). Amateur (97). MHz: Industrial,
707 US215 US218 US267 US275. scientific and
US267 US275 G11 medical frequency.
G59.

* * * * * * *

United States (US) Footnotes
* * * * *
US218 The band 902-928 MHz is available for Location and
Monitoring Service (LMS) systems subject to not causing harmful
interference to the operation of all Government stations authorized
in these bands. These systems must tolerate interference from the
operation of industrial, scientific, and medical (ISM) devices and
the operation of Government stations authorized in these bands.
* * * * *
US275 The band 902-928 MHz is allocated on a secondary basis
to the amateur service subject to not causing harmful interference
to the operations of Government stations authorized in this band or
to Location and Monitoring Service (LMS) systems. Stations in the
Amateur service must tolerate any interference from the operations
of industrial, scientific, and medical (ISM) devices, LMS systems,
and the operations of Government stations authorized in this band.
Further, the Amateur Service is prohibited in those portions of
Texas and New Mexico bounded on the south by latitude 31 deg.41'
North, on the east by longitude 104 deg.11' West, and on the north
by latitude 34 deg.30' North, and on the west by longitude
107 deg.30' West; in addition, outside this area but within 150
miles of these boundaries of White Sands Missile Range the service
is restricted to a maximum transmitter peak envelope power output of
50 watts.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

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

Authority: Secs. 4, 303, and 332, 48 Stat. 1066, 1082, as
amended; 47 U.S.C. 154, 303, and 332, unless otherwise noted:

2. Section 90.7 is amended by removing the entry for Automatic
Vehicle Monitoring and adding new definitions for Basic trading areas,
Forward links, Location and Monitoring Service (LMS), Major trading
areas, Multilateration LMS System, and Non-multilateration LMS System
in alphabetical order to read as follows:

Sec. 90.7 Definitions.

* * * * *
Basic trading areas. Service areas that are based on the Rand
McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at
pages 38-39, with the following additions licensed separately as BTA-
like areas: American Samoa; Guam, Northern Mariana Islands; Mayaguez/
Aguadilla-Ponce, Puerto Rico; San Juan, Puerto Rico; and the United
States Virgin Islands. The Mayaguez/Aguadilla-Ponce BTA-like service
area consists of the following municipios: Adjuntas, Aguada, Aguadilla,
Anasco, Arroyo, Cabo Rojo, Coamo, Guanica, Guayama, Guayanilla,
Hormigueros, Isabela, Jayuya, Juana Diaz, Lajas, Las Marias, Maricao,
Maunabo, Mayaguez, Moca, Patillas, Penuelas, Ponce, Quebradillas,
Rincon, Sabana Grande, Salinas, San German, Santa Isabel, Villalba, and
Yauco. The San Juan BTA-like service area consists of all other
municipios in Puerto Rico.
* * * * *
Forward links. Transmissions in the frequency bands specified in
Sec. 90.357(a) and used to control and interrogate the mobile units to
be located by multilateration LMS systems.
* * * * *
Location and Monitoring Service (LMS). The use of non-voice
signaling methods to locate or monitor mobile radio units. LMS systems
may transmit and receive voice and nonvoice status [[Page 15252]] and
instructional information related to such units.
* * * * *
Major trading areas. Service areas based on the Rand McNally 1992
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with
the following exceptions and additions:
(a) Alaska is separated from the Seattle MTA and is licensed
separately.
(b) Guam and the Northern Mariana Islands are licensed as a single
MTA-like area.
(c) Puerto Rico and the United States Virgin Islands are licensed
as a single MTA-like area.
(d) American Samoa is licensed as a single MTA-like area.
* * * * *
Multilateration LMS System. A system that is designed to locate
vehicles or other objects by measuring the difference of time of
arrival, or difference in phase, of signals transmitted from a unit to
a number of fixed points or from a number of fixed points to the unit
to be located.
* * * * *
Non-multilateration LMS System. A system that employs any of a
number of non-multilateration technologies to transmit information to
and/or from vehicular units.
* * * * *
3. Section 90.101 is revised to read as follows:

Sec. 90.101 Scope.

The Radiolocation Service accommodates the use of radio methods for
determination of direction, distance, speed, or position for purposes
other than navigation. Rules as to eligibility for licensing,
permissible communications, frequency available, and any special
requirements are set forth in Sec. 90.103. Provisions for the Location
and Monitoring Service (LMS) are contained in subpart M of this part.

Sec. 90.103 [Amended]

4. Section 90.103 is amended by removing paragraph (d) and by
redesignating existing paragraph (e) as paragraph (d).
5. Section 90.155 is amended by revising paragraph (a) and adding
new paragraphs (d) and (e) to read as follows:

Sec. 90.155 Time in which station must be placed in operation.

(a) All stations authorized under this part, except as provided in
paragraphs (b) and (d) of this section and in Secs. 90.629 and
90.631(f), must be placed in operation within eight (8) months from the
date of grant or the authorization cancels automatically and must be
returned to the Commission.
* * * * *
(d) Multilateration LMS systems authorized in accordance with
Sec. 90.353 must be constructed and placed in operation within twelve
(12) months from the date of grant or the authorization cancels
automatically and must be returned to the Commission. MTA-licensed
multilateration LMS systems will be considered constructed and placed
in operation if such systems construct a sufficient number of base
stations that utilize multilateration technology (see paragraph (e) of
this section) to provide multilateration location service to a
substantial portion of at least one BTA in the MTA.
(e) A multilateration LMS station will be considered constructed
and placed in operation if it is built in accordance with its
authorized parameters and is regularly interacting with one or more
other stations to provide location service, using multilateration
technology, to one or more mobile units. Specifically, LMS
multilateration stations will only be considered constructed and placed
in operation if they are part of a system that can interrogate a
mobile, receive the response at 3 or more sites, compute the location
from the time of arrival of the responses and transmit the location
either back to the mobile or to a subscriber's fixed site.
6. Section 90.179 is amended by revising paragraph (f) to read as
follows:

Sec. 90.179 Shared use of radio stations.

* * * * *
(f) Above 800 MHz, shared use on a for-profit private carrier basis
is permitted only by SMR, Private Carrier Paging, and LMS licensees.
See subparts M, P, and S of this part.
* * * * *
7. Section 90.203 is amended by adding new paragraph (b)(7) to read
as follows:

Sec. 90.203 Type acceptance required.

* * * * *
(b) * * *
(7) Transmitters imported and marketed prior to April 1, 1996 for
use by LMS systems.
* * * * *
8. Section 90.205(b) is amended by revising the second column
heading, by adding entries for 902 to 927.25 and 927.25 to 928 MHz
bands to the table in numerical order, and by adding footnote 13 to
read as follows:

Sec. 90.205 Power.

* * * * *
(b) * * *

------------------------------------------------------------------------
Maximum
Maximum effective
Frequency range (megahertz) output radiated
power power
(watts) (watts)
------------------------------------------------------------------------

* * * * *
902 to 927.25...................................... ........ \13\30
927.25 to 928...................................... ........ 300

* * * * *
------------------------------------------------------------------------
* * * * *
\13\Effective radiated power shall be measured as peak envelope power.

* * * * *

Sec. 90.207 [Amended]

9. Paragraph (g) of Section 90.207 is removed and reserved.
10. Section 90.209 is amended by adding new paragraphs (b)(10) and
(m) to read as follows:

Sec. 90.209 Bandwidth limitations.

* * * * *
(b) * * *
(10) The maximum authorized bandwidth shall be 12 MHz for non-
multilateration LMS operations in the band 909.75-921.75 MHz and 2 MHz
in the band 902.00-904.00 MHz. The maximum authorized bandwidth for
multilateration LMS operations shall be 5.75 MHz in the 904.00-909.75
MHz band; 2 MHz in the 919.75-921.75 MHz band; 5.75 MHz in the 921.75-
927.25 MHz band and its associated 927.25-927.50 MHz narrowband forward
link; and 8.00 MHz if the 919.75-921.75 MHz and 921.75-927.25 MHz bands
and their associated 927.25-927.50 MHz and 927.50-927.75 MHz narrowband
forward links are aggregated.
* * * * *
(m) For transmitters authorized under Subpart M of this part that
operate in the 902-928 MHz bank, the peak power of any emission shall
be attenuated below the power of the highest emission contained within
the licensee's LMS sub-band in accordance with the following schedule:
(1) On any frequency within the authorized bandwidth: Zero dB.
(2) On any frequency outside the licensee's LMS sub-band edges (as
identified in paragraph (m)(5) of this section): 55 + 10 log(P) dB
where (P) is the highest emission (watts) of the transmitter inside the
licensee's LMS sub-band.
(3) The resolution bandwidth of the instrumentation used to measure
the emission power shall be 100 kHz. If a video filter is used, its
bandwidth shall not be less than the resolution bandwidth.
(4) Emission power (P) shall be measured in peak
values. [[Page 15253]]
(5) The LMS sub-band edges for multilateration systems for which
emissions must be attenuated are 904.00, 909.75, 919.75, 921.75,
927.50, 927.75 and 928.00 MHz. If the 919.75-921.75 and 921.75-972.25
MHz sub-bands are aggregated by a single licensee, the emission mask
limitations at the band edges at 921.75 and 927.50 MHz may be ignored.
The LMS sub-bank edges for non-multilateration systems for which
emissions must be attenuated are 902.00,904.00, 909.75 and 921.75 MHz.
11. Section 90.213(a) is amended by adding an entry for the 902 to
928 MHz band to the table in numerical order to read as follows:

Sec. 90.213 Frequency tolerance.

(a) * * *

Frequency Tolerance
------------------------------------------------------------------------
Fixed and base Mobile stations
stations -----------------
------------------
Frequency range Over 200W or Over 2W 2W or
200W less output less
output output power output
power power power
------------------------------------------------------------------------

* * * * *
902 to 928.......................... .00025 .00025 .00025 .00025

* * * * *
------------------------------------------------------------------------

* * * * *

Sec. 90.239 [Removed and Reserved].

12. Section 90.239 is removed and reserved.
13. Subpart M is added to Part 90 to read as follows:

Subpart M--Transportation Infrastructure Radio Service

Sec.
90.350 Scope.
90.351 Location and Monitoring Service.
90.353 LMS operations in the 902-928 MHz band.
90.355 LMS operations below 512 MHz.
90.357 Frequencies for LMS systems in the 902-928 MHz band.
90.359 Field strength limits for MTA-licensed LMS systems.
90.361 Interference from part 15 and Amateur operations.
90.363 Grandfathering provisions for existing AVM Licensees.

Subpart M--Transportation Infrastructure Radio Service

Sec. 90.350 Scope.

The Transportation Infrastructure Radio Service is for the purpose
of integrating radio-based technologies into the nation's
transportation infrastructure and to develop and implement the nation's
intelligent transportation systems. It includes the Location and
Monitoring Service (LMS). Rules as to eligibility for licensing,
frequencies available, and any special requirements for services in the
Transportation Infrastructure Radio Service are set forth in this
Subpart.

Sec. 90.351 Location and Monitoring Service.

These provisions authorize the licensing of systems in the Location
and Monitoring Service (LMS). LMS systems utilize non-voice radio
techniques to determine the location and status of mobile radio units.
LMS licensees authorized to operate a system in the 902-928 MHz band
may serve individuals, federal government agencies, and entities
eligible for licensing in this part 90.
(a) Each application to license an LMS system shall include the
following supplemental information:
(1) A detailed description of the manner in which the system will
operate, including a map or diagram.
(2) The necessary or occupied bandwidth of emission, whichever is
greater.
(3) The data transmission characteristics as follows:
(i) The vehicle location update rates;
(ii) Specific transmitter modulation techniques used;
(iii) For codes and timing scheme: A table of bit sequences and
their alphanumeric or indicator equivalents, and a statement of bit
rise time, bit transmission rates, bit duration, and interval between
bits;
(iv) A statement of amplitude-versus-time of the interrogation and
reply formats, and an example of a typical message transmission and any
synchronizing pulses utilized.
(4) A plan to show the implementation schedule during the initial
license term.
(b) LMS stations are exempted from the identification requirements
of Sec. 90.425; however, the Commission may impose automatic station
identification requirements when determined to be necessary for
monitoring and enforcement purposes.

Sec. 90.353 LMS operations in the 902-928 MHz band.

LMS systems may be authorized within the 902-928 MHz band, subject
to the conditions in this section. LMS licensees are required to
maintain whatever records are necessary to demonstrate compliance with
these provisions and must make these records available to the
Commission upon request:
(a) LMS operations will not cause interference to and must tolerate
interference from industrial, scientific, and medical (ISM) devices and
radiolocation Government stations that operate in the 902-928 MHz band.
(b) LMS systems are authorized to transmit status and instructional
messages, either voice or non-voice, so long as they are related to the
location or monitoring functions of the system.
(c) LMS systems may utilize store and forward interconnection,
where either transmissions from a vehicle or object being monitored are
stored by the LMS provider for later transmission over the public
switched network (PSN), or transmissions received by the LMS provider
from the PSN are stored for later transmission to the vehicle or object
being monitored. Real-time interconnection between vehicles or objects
being monitored and the PSN will only be permitted to enable emergency
communications related to a vehicle or a passenger in a vehicle. Such
real-time, interconnected communications may only be sent to or
received from a system dispatch point or entities eligible in the
Public Safety or Special Emergency Radio Services. See subparts B and C
of this part.
(d) Multilateration LMS systems will be authorized on a primary
basis within the bands 904-909.75 MHz and 921.75-927.25 MHz.
Additionally, multilateration and non-multilateration systems will
share the 919.75-921.75 MHz band on a co-equal basis. Licensing will be
on the basis of Major Trading Area (MTA) service areas for
multilateration systems, with one exclusive MTA license being issued
for each of these three sub-bands. Except as provided in paragraph (f)
of this section, multilateration MTA licensees may be authorized to
operate on only one of the three multilateration bands within a given
MTA. Additionally, MTA multilateration LMS licenses will be conditioned
upon the licensee's ability to demonstrate through actual field tests
that their systems do not cause unacceptable levels of interference to
47 CFR part 15 devices.
(e) Multilateration MTA-licensed systems and grandfathered AVM
systems (see Sec. 90.363) are authorized on a shared basis and must
cooperate in the selection and use of frequencies in accordance with
Sec. 90.173(b).
(f) Multilateration MTA licensees may be authorized to operate on
both the 919.75-921.75 MHz and 921.75-927.25 MHz bands within a given
MTA (see Sec. 90.209(b)(10)).
(g) Multilateration LMS systems whose primary operations involve
the provision of vehicle location services, may provide non-vehicular
location services. [[Page 15254]]
(h) Non-multilateration stations are authorized to operate on a
shared, non-exclusive basis in the 902-904 MHz and 909.75-921.75 MHz
sub-bands. Non-multilateration systems and multilateration systems will
share the 919.75-921.75 MHz band on a co-equal basis. Non-
multilateration LMS systems may not provide non-vehicular location
services. The maximum antenna height above ground for non-
multilateration LMS systems is 15 meters.

Sec. 90.355 LMS operations below 512 MHz.

Applications requiring not more than 25 kHz bandwidth per frequency
in the 25-50 MHz, 150-170 MHz, and 450-512 MHz bands may use either
base-mobile frequencies currently assigned the applicant, or be
assigned base-mobile frequencies available in the service in which
eligibility has been established, provided that:
(a) For transmission between vehicles and base stations, each
frequency in a single-frequency mode of operation will provide location
data for approximately 200 vehicles, or both frequencies in a two-
frequency mode of operation will provide location data for
approximately 400 vehicles, except that for frequencies in the 450-512
MHz band that are assigned in pairs in accordance with the allocation
plan for the band, the requirement is that location data be provided
for approximately 200 vehicles for each frequency pair; and a showing
is made that 50 percent of the vehicles will be in operation within the
system by the end of the second year of the initial license term, and
70 percent will be in operation within the system by the end of the
initial license term; except that if these vehicle loading standards
will not be met, frequencies will be assigned only on a secondary non-
interference basis to any authorized radiotelephony operation.
(b) The minimum separation between a proposed LMS station and the
nearest co-channel base station of another licensee operating a voice
system is 75 miles (120 km) for a single frequency mode of operation or
35 miles (56 km) for a two-frequency mode of operation. Where the
minimum mileage separation cannot be achieved, agreement to the use of
F1D, F2D, G1D, G2D or P0N emission must be received from all existing
co-channel licensees using voice emissions within the applicable
mileage limits. If there is interference with voice operations and
required agreement was not received, or operation was authorized on a
secondary non-interference basis, the licensee of the LMS system is
responsible for eliminating the interference.
(c) Frequencies additional to any assigned under paragraph (a) of
this section will not be assigned to the same licensee at any stations
located within 64 km (40 miles) of any station in which the licensee
holds an interest until each of such licensee's frequencies for LMS
operation is shown to accommodate not less than 90 percent of the
frequency loading requirements specified in paragraph (a) of this
section.

Sec. 90.357 Frequencies for LMS systems in the 902-928 MHz band.

(a) Multilateration LMS systems will be authorized on the following
LMS sub-bands:

------------------------------------------------------------------------
LMS Sub-band Forward Link\1\
------------------------------------------------------------------------
904.000-909.750 MHz................ 927.750-928.000 MHz.
919.750-921.750 MHz\2\............. 927.500-927.750 MHz.
921.750-927.250 MHz................ 927.250-927.500 MHz.
------------------------------------------------------------------------
\1\Forward links for LMS systems may also be contained within the LMS
sub-band. However, the maximum allowable power in these sub-bands is
30 watts ERP in accordance with Section 90.205(b).
\2\The frequency band 919.750-921.750 MHz is shared co-equally between
multilateration and non-multilateration LMS systems.

(b) Non-multilateration LMS systems will be authorized on the
following frequency bands:

LMS Sub-band\1\

902.000-904.000 MHz
909.750-921.750 MHz
\1\Applicants for non-multilateration LMS systems should request
only the minimum amount of bandwidth necessary to meet their
operational needs.

Sec. 90.359 Field strength limits for MTA-licensed LMS systems.

MTA-licensed multilateration systems shall limit the field strength
of signals transmitted from their base stations to 47 dBuV/m at their
MTA boundary.

Sec. 90.361 Interference from part 15 and Amateur operations.

Operations authorized under parts 15 and 97 of this chapter may not
cause harmful interference to LMS systems in the 902-928 MHz band.
These operations will not be considered to be causing harmful
interference to a multilateration LMS system operating in one of the
three MTA sub-bands (see Sec. 90.357(a)) if they operate in accordance
with the provisions of parts 15 or 97 of this chapter and at least one
of the following conditions are met:
(a) It is a field disturbance sensor operating under Sec. 15.245 of
this chapter and it is not operating in the 904-909.750 or 919.750-
928.000 MHz sub-bands; or
(b) It does not employ an outdoor antenna; or
(c) If it does employ an outdoor antenna, then if:
(1) The directional gain of the antenna does not exceed 6 dBi, or
if the directional gain of the antenna exceeds 6 dBi, it reduces its
transmitter output power below 1 watt by the proportional amount that
the directional gain of the antenna exceeds 6 dBi; and
(2) Either:
(i) The antenna is 5 meters or less in height above ground; or
(ii) The antenna is more than 5 meters in height above ground but
less than or equal to 15 meters in height above ground and either:
(A) Adjusts its transmitter output power below 1 watt by 20 log (h/
5) dB, where h is the height above ground of the antenna in meters; or
(B) Is providing the final link for communications of entities
eligible under subpart B or C of this part 90.

Sec. 90.363 Grandfathering provisions for existing AVM Licensees.

(a) These provisions authorize grandfathered operation by automatic
vehicle monitoring (AVM) systems licensed on or before February 3,
1995. To attain grandfathered status for their stations, existing
multilateration AVM licensees must file, on or before May 22, 1995,
applications to modify their station licenses to comply with the band
plan shown in Sec. 90.357(a). These applications to modify must
identify the multilateration sub-band or sub-bands in which the
applicants intend to operate their LMS system stations, once their
applications to modify have been authorized. The application to modify
a license to comply with the band plan shown in Sec. 90.357(a) may also
include a modification to specify an alternate site, so long as the
alternate site is 2 kilometers or less from the site specified in the
original license.
(b) When existing multilateration AVM licensees file applications
to modify, as specified in paragraph (a) of this section, they must
certify that either:
(1) The stations that compose their AVM system were constructed and
placed in operation in accordance with Sec. 90.155(e) on or before
February 3, 1995; or
(2) The stations were not constructed and placed in operation in
accordance with Sec. 90.155(e) on or before February 3, 1995.
(c) Multilateration AVM systems that were constructed and placed in
operation on or before February 3, 1995 [[Page 15255]] will be given
until April 1, 1998 to convert to the spectrum identified in their LMS
system license. Such licensees may continue to operate their systems
during this period. Licensees of multilateration AVM constructed and
operational systems that do not file applications to modify on or
before May 22, 1995, will be permitted to continue operations under the
provisions of former Section 90.239 until April 1, 1998 or the end of
their original license term, whichever occurs first, at which time such
licenses will cancel automatically and will not be renewed.
(d) Multilateration AVM licensees for stations that were not
constructed and placed in operation on or before February 3, 1995 must
construct their LMS systems and place them in operation on the spectrum
identified in their LMS system license on or before April 1, 1996, or
their licenses will cancel automatically (see Sec. 90.155(e)). Also,
these licenses will cancel automatically on May 22, 1995 unless timely
modification applications are filed on or before this date (see
paragraph (a) of this section).
(e) Non-multilateration systems licensed in spectrum other than the
902.00-904.00 and 909.75-921.75 MHz bands must modify their licenses by
April 1, 1998 to specify operation solely in the bands provided in
Sec. 90.357(b) for non-multilateration systems and to operate their
systems consistently with the provisions of Sec. 90.353.

[FR Doc. 95-5785 Filed 3-22-95; 8:45 am]
BILLING CODE 6712-01-M