[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adopted rules also [[Page 15249]] modify and eliminate outdated 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.
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     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