[Federal Register Volume 62, Number 10 (Wednesday, January 15, 1997)]
[Rules and Regulations]
[Pages 2027-2041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-831]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket Nos. 92-235 and 92-257; FCC 96-492]


Private Land Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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

SUMMARY: The Commission has adopted a Memorandum Opinion and Order 
(MO&O) which addresses issues and concerns raised in twenty-four 
petitions, five oppositions, and three replies, requesting that we 
reconsider or clarify various decisions and technical rules adopted in 
the Report and Order (R&O) in PR Docket No. 92-235. This MO&O also 
addresses a petition for reconsideration filed in PR Docket No. 92-257 
regarding the shared use of industrial/land transportation and maritime 
public correspondence frequencies. Consistent with our objective of 
increasing the efficiency of the PLMR frequency bands this MO&O 
clarifies our decisions in the R&O, and where necessary, makes 
appropriate modifications to the rules. This MO&O maintains the channel 
plan adopted in the R&O, but also permits frequency coordinators to 
recommend frequencies for any technology with lesser bandwidth, 
provided that interference is not caused to other systems. 
Additionally, the Commission extends the first transition date for the 
type acceptance of narrowband equipment from August 1, 1996, to 
February 14, 1997, and retains the second transition date of January 1, 
2005. Further, the Commission clarifies the rules regarding type 
acceptance to provide greater flexibility for manufacturers to support 
existing equipment and, where appropriate, to provide alternatives to 
our efficiency standards. Finally, the Commission clarifies a variety 
of technical rules including, but not limited to, those pertaining to 
new power/antenna height limits, the emission mask, and frequency 
stability requirements.

EFFECTIVE DATE: February 14, 1997.

FOR FURTHER INFORMATION CONTACT: Ira Keltz of the Wireless 
Telecommunications Bureau at (202) 418-0680 or via E-Mail at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order, FCC 96-492, adopted December 23, 1996, 
and released December 30, 1996. The full text of this Memorandum 
Opinion and Order is available for inspection and copying during normal 
business hours in the FCC Reference Center (Room 239) 1919 M Street, 
NW, Washington, DC. The complete text may be purchased from the 
Commission's copy contractor, ITS, Inc., 2100 M Street NW, Suite 140, 
Washington, DC 20037, telephone (202) 857-3800.

Summary of Order

    1. The R&O (60 FR 37152, July 19, 1995) provided the private land 
mobile radio (PLMR) community with a regulatory framework that promotes 
efficient use of spectrum, increases technical flexibility, enhances 
the deployment of new technologies, and promotes a competitive and 
robust marketplace for product development. In this action, the 
Commission clarifies its decisions in the R&O and where necessary, 
makes appropriate modifications to the rules.
    2. In the R&O, the Commission adopted a channel plan based on 7.5 
kHz channel spacing in the 150-174 MHz VHF band and 6.25 kHz channel 
spacing in the 421-430 MHz, 450-470 MHz, and 470-512 MHz UHF bands. 
Flexibility is provided to licensees by permitting them to aggregate up 
to four narrowband channels to employ spectrum efficient wideband 
technology. Additionally, licensees are provided with a simple 
migration path because they will be able to remain on their currently 
assigned center frequencies and can continue to use existing equipment 
while they upgrade to new equipment.
    3. Several petitioners ask the Commission to reconsider the new 
channel plan and instead adopt a channel plan based on 5 kHz channel 
spacing claiming that the Commission's

[[Page 2028]]

decision to space channels at 7.5 kHz creates inefficient ``white 
spaces'' in the VHF band. Additionally, they assert that the ability to 
use wideband equivalent technologies by aggregating narrowband channels 
is not taken into account in our rationale for rejecting 5 kHz spacing. 
We disagree with these petitioners. In a 5 kHz channel plan, a user 
would need to identify three contiguous channels to obtain a 12.5 kHz 
channel, but only two are required in the adopted plan. Thus, the 
adopted plan eases the transition for current users who desire to 
implement a two-step transition to narrowband through 12.5 kHz 
equipment. Petitioners also assert that inefficient white spaces are 
created by our adopted channel plan, since 12.5 kHz VHF equipment would 
actually use 15 kHz of spectrum by aggregating two 7.5 kHz VHF 
channels. However, to use 12.5 kHz equipment in a plan based on 5 kHz 
channels would also require licensees to use 15 kHz of spectrum because 
they would have to aggregate three 5 kHz channels. In the UHF band, 
12.5 kHz equipment also would use 15 kHz of spectrum in a 5 kHz channel 
plan, but only 12.5 kHz of spectrum in the adopted plan. Furthermore, a 
5 kHz channel plan would require users who choose to implement 6.25 kHz 
equipment to acquire the same 15 kHz of spectrum needed for 12.5 kHz 
equipment. Thus, a 5 kHz channel plan would create as much or more 
white space than the adopted channel plan.
    4. Consequently, we conclude that our adopted 7.5/6.25 kHz channel 
plan is more flexible than a 5 kHz plan because it will accommodate 
users of 25, 12.5, 6.25, and 5 kHz equipment while accomplishing our 
goal of increasing spectrum efficiency. Further, this channel plan 
creates a flexible migration path, which is considered a critical 
factor by current users. For these reasons, we decline to modify the 
channel plan as adopted in the R&O. However, we are mindful of the fact 
that some users may want to implement 5 kHz technology within their 
existing 25 kHz bandwidth. Such a channelization, however, would 
require the licensee to deviate from the adopted band plan. Therefore, 
we will permit frequency coordinators to recommend frequencies 
inconsistent with the adopted band plan, for any technology, including 
5 kHz, provided that such a system will not cause harmful interference 
to any existing system.
    5. In the R&O, we decided to manage the transition to narrowband 
channels through the type acceptance process. This decision requires 
that new equipment type accepted after August 1, 1996, and January 1, 
2005, meet specified efficiency guidelines. We note, however, that this 
approach does not impose a strict transition timetable upon individual 
users.
    6. Petitioners argue that the conversion timetable for the type 
acceptance of narrowband equipment is too short and fails to account 
for normal product development cycles. They recommend that the first 
transition date be extended to August 1, 1998, and that the second 
transition date be extended to January 1, 2014. Other petitioners 
oppose this request stating that such action is not necessary because 
the R&O does not mandate the production or use of any particular type 
of technology according to a fixed timetable.
    7. As noted, the transition dates established in the R&O do not 
require manufacturers to take any specific action. Consequently, we 
believe it is unnecessary to make extensive changes to the adopted 
transition dates and, thus, deny the request to do so. Additionally, we 
note that a number of manufacturers have already type accepted 
equipment that is compliant with the new rules. However, in 
consideration of the time elapsed between the R&O and adoption of this 
MO&O, and because this MO&O modifies rules which affect the type 
acceptance of equipment, we are extending the first transition date 
from August 1, 1996, to February 14, 1997. Additionally, to remove the 
uncertainty in trying to anticipate the amount of time necessary to 
attain a type acceptance grant, we are amending 47 CFR 90.203 to 
clarify that the transition dates refer to type acceptance application 
filing deadlines, rather than type acceptance grants.
    8. The Association of Public-Safety Communications Officials-
International, Inc. asks that we reconsider our decision not to adopt 
specific transition deadlines for public safety users. We decline to 
adopt such dates. The imposition of a mandate on any user, particularly 
public safety entities, to replace existing equipment and systems, is 
contrary to one of our basic goals in this proceeding of providing 
maximum flexibility to individual users. Also, since public safety 
entities are funded by local tax dollars, and are often constrained by 
limited financial resources, subjecting these entities to such a 
mandate could be unduly burdensome. Further, in light of the work of 
the Public Safety Wireless Advisory Committee and the Commission's 
overall evaluation and assessment of public safety wireless 
communications in WT Docket No. 96-86 (61 FR 25185, May 20, 1996), it 
would be premature at this time to make decisions regarding transition 
dates for public safety users.
    9. In the R&O, we adopted spectrum efficiency standards that 
require at least one voice channel per 12.5 kHz of channel bandwidth 
for equipment type accepted after August 1, 1996, and at least one 
voice channel per 6.25 kHz of channel bandwidth for equipment type 
accepted after January 1, 2005. Additionally, after August 1, 1996, 
equipment designed for data operation must be capable of supporting a 
minimum data rate of 4800 bits per second per 6.25 kHz of bandwidth.
    10. Several petitioners request that the type acceptance rules be 
amended to allow alternative showings of spectrum efficiency for low 
power frequency reuse systems. We agree with the petitioners that there 
is a place within the PLMR environment for spectrum efficient low-
power, frequency reuse systems. However, we will not alter the 
efficiency standard. instead, we will exempt all transmitters that 
operate with less than 500 mW output power from the bit rate 
requirement for type acceptance. Additionally, we will provide 
manufacturers with additional flexibility to design spectrally 
efficient transmitters. The Commission's Equipment Authorization 
Division may, on a case by case basis, grant type acceptance to 
equipment with slower bit rates than specified in 47 CFR 90.203(j)(3) 
and 47 CFR 90.203(j)(5), provided that an acceptable technical analysis 
is submitted with the application which demonstrates that the slower 
data rate will provide more spectral efficiency than the standard data 
rate.
    11. Some petitioners asked that we clarify the distinction between 
digital voice and data. In this connection, we refer to the definitions 
in 47 CFR part 2. Radios type accepted for telephony must meet the 
voice channel standard, and those type accepted for telegraphy or 
telemetry must meet the data rate standard. Further radios that are 
type accepted for both telephony and telegraphy or telemetry must meet 
both standards. Additionally, because 47 CFR 90.207(b) allows stations 
authorized for telephony to use emissions for telecommand, the 
telecommand function of such radios will not be subject to the data 
rate standard. Also, because transmissions made via modem through the 
external microphone port of an analog radio are limited to audio, the 
data rate standard will not be applied to such uses. Finally, we 
clarify that the spectrum efficiency requirements imposed by the R&O do 
not apply to paging systems.

[[Page 2029]]

    12. In the R&O, we adopted new power and antenna height limitations 
based on ``safe harbor'' tables submitted by the Land Mobile 
Communications Council (LMCC). These new limits allow various 
combinations of effective radiated power (ERP) and antenna height above 
average terrain (HAAT) based upon the size of an applicant's desired 
service area and the applicant's operating frequency. In general, the 
rules allow for a maximum ERP of 500 watts and maximum service area 
radii of 40 km in the VHF band and 32 km in the UHF band. The rules 
state that larger areas, up to 80 km, will be authorized provided that 
the applicant demonstrates that the requested station parameters will 
not produce coverage in excess of that which is required. However, 
areas larger than 80 km will be authorized on a secondary basis. 
Finally, these new rules only apply to new stations, which were defined 
as stations not functionally integrated with an earlier-installed 
system.
    13. Several petitioners argue that special separation criteria 
should be developed for systems that operate in the 150-174 MHz and 
421-512 MHz bands under conditions of extreme terrain, that a 
streamlined process for deviating from the power/antenna height tables 
be considered for applicants that operate in areas of non-uniform 
terrain, that applicants be permitted to use any commonly accepted 
propagation model to demonstrate radio system coverage, and that a 
formal waiver not be required for such requests.
    14. We agree that special consideration should be given to the 
power/antenna heights in areas of extreme terrain. We recognize that in 
these areas, average terrain calculations may not provide accurate 
depictions of the actual terrain over which a system will operate and 
therefore our tables may not provide an appropriate antenna height/
power combination for a desired service area size. We are modifying 47 
CFR 90.205(d)(2) and 47 CFR 90.205(g)(2) to reflect that applicants may 
deviate from the tables when operating in areas of non-uniform terrain. 
Additionally, the rules allow the use of generally accepted engineering 
practices and standards, including models that are widely accepted by 
the engineering community, as producing outputs representative of real 
world results. Applicants who demonstrate special circumstances (e.g. 
extreme terrain conditions or need for a larger service area) will not 
be required to submit a waiver request to the Commission. Rather, the 
required engineering analysis should be submitted to the frequency 
coordinator and as an attachment to the license application, FCC Form 
600. Additionally, a waiver request will be unnecessary for applicants 
who request service areas greater than 40 km in the VHF band and 32 km 
in the UHF band. These applications, however, pursuant to footnote 4 in 
Tables 1 and 2 of 47 CFR 90.205, must be accompanied by a justification 
for the larger service area and include a technical analysis 
demonstrating that the signal strength at the edge of the service area 
is within the specified guidelines. Additionally, we will allow 
applicants to exceed the reference antenna height limits if they 
correspondingly lower their power.
    15. Petitioners seek clarification of the rules that would classify 
all base stations with service areas greater than 80 km as secondary 
arguing that certain geographic areas, particularly in western regions, 
warrant special consideration because the terrain in those areas 
provide few suitable transmitter sites.
    16. We note that licensees who need to communicate over large 
distances generally employ systems that make extensive use of mobile 
relay stations, which are afforded the protection of primary status 
under our rules. Because mobile relay stations would typically be 
within 80 km of another base station, primary status would be conferred 
on the entire area that a licensee needs to cover. We believe that 
coverage areas up to 80 km around a single base station will serve the 
vast majority of licensees and are modifying 47 CFR 90.205(d)(3) and 47 
CFR 90.205(g)(3) to confer primary status for communications within 80 
km from a base station. We also recognize that some licensees' 
operations may require primary status within a region larger than 80 
km. Because we anticipate that a limited number of licensees will have 
such needs, we will entertain waiver requests for those instances where 
a licensee requests coverage by one base station for an area greater 
that 80 km.
    17. Many petitioners seek clarification on what constitutes a new 
station. As a general matter, we elected to exempt existing stations 
from complying with the power/antenna height tables adopted in the R&O 
in order to afford licensees flexibility to modify, expand, or upgrade 
their facilities without adversely affecting their current operations. 
47 CFR 90.135 provides examples of permissible modifications to 
authorized stations. Stations that modify their existing authorization 
in accordance with one of the listed modifications will not be subject 
to the new power/antenna height rules. We decline to grant a request to 
characterize the addition of base and mobile relay facilities that 
operate on different frequencies from an existing system as an existing 
system.
    18. Because 47 CFR 90.135(a) allows licensees to modify their 
authorizations due to a change in emissions, the new power/antenna 
height limits will not apply to systems that are modified by converting 
to equipment designed for narrower channel bandwidths. Furthermore, if 
the only modification that a licensee makes to a system is a narrowing 
of its emission, a formal application for modification need not be 
filed with the Commission. However, the licensee will be required to 
notify the Commission of this change immediately, either by filing FCC 
Form 405-A or submitting a letter in accordance with 47 CFR 90.135(d).
    19. Several organizations seek reconsideration of the power/antenna 
height tables as they relate to private carrier paging channels. We 
believe that our rules should reflect the differences between paging 
systems and the majority of two-way mobile systems in the PLMR bands. 
In this connection, we will allow new one-way paging operations to 
operate at the same power levels that applied prior to the adoption of 
the R&O, i.e., for most stations, 350 watts output power with no limit 
on ERP, on the frequencies specifically reserved for one-way paging.
    20. Regarding the decision regarding the ability of manufacturers 
to continue producing and supporting 25 kHz equipment through upgrades 
and permissive changes, some petitioners argue that it is unnecessary 
to prohibit manufacturers from making minor design changes to existing 
25 kHz equipment because our rules already ensure a transition to more 
narrowband equipment. This request is opposed by Securicor Radiocoms 
Limited because it is inconsistent with the primary goal in this 
proceeding since it would excuse compliance with the multi-mode 
requirement. Our intent is to allow only those modifications which 
would provide a multi-mode capability or a narrowband mode to existing 
equipment. In these instances, manufacturers must obtain a new FCC 
Identifier for their equipment. Modifications which entail the redesign 
of existing equipment will not be allowed.
    21. When compared to wideband channels, i.e., 25 kHz channels, the 
rules adopted in the R&O allow emissions on narrowband channels to 
occupy a larger percentage of the channel. This combination of 
increased channel occupancy and narrower channel spacing increases the

[[Page 2030]]

importance of frequency stability to reduce adjacent channel 
interference. Therefore, the Commission adopted stringent frequency 
stability requirements as recommended by the Telecommunications 
Industry Association (TIA).
    22. SEA, Inc. contends that the frequency stability limits for 
mobile radios designed to operate with channel bandwidths of 6.25 kHz 
are too restrictive and recommends alternative limits. These 
recommendations are supported by Motorola. We agree that, in the VHF 
band, a less stringent requirement can be tolerated because of the 
presence of a small guard band. Further, we believe that the frequency 
coordination process can compensate for less stringent requirements in 
the UHF band. Therefore, we are modifying 47 CFR 90.213 in accordance 
with the suggestions of SEA.
    23. In order to accommodate our new channel plan, we adopted new 
guidelines for authorized bandwidth. For equipment designed to operate 
on 7.5 kHz or 6.25 kHz channels, the authorized bandwidth is 6 kHz and 
for equipment designed to operate on 12.5 kHz channels the authorized 
bandwidth is 11.25 kHz. SEA requests that the authorized bandwidth for 
6.25 kHz channels in the UHF and VHF bands be reduced to 5 kHz in order 
to allow same area operation on the narrowband channels.
    24. We decline to reduce the authorized bandwidth from 6 kHz to 5 
kHz. The 6 kHz authorized bandwidth was chosen to provide manufacturers 
with flexibility to implement a wide range of modulation techniques. We 
note, however, that the emission mask only serves as an upper limit and 
thus, manufacturers can employ any emission they desire as long as they 
do not exceed the specified limits. Therefore, if a manufacturer 
determines that same-area operations cannot be achieved on adjacent 
narrowband channels, it can design its equipment with narrower 
emissions.
    25. When determining the shape of a frequency mask, it is essential 
that instrumentation requirements and measurement procedures are 
defined. In general, transmitter emissions are measured using 
established industry standards. In this connection, EIA/TIA Standard 
603 instructs radio manufacturers to use a resolution bandwidth of 300 
Hz or less. Consistent with this standard, in the R&O, we determined 
that emissions of equipment designed to operate in the Refarming bands 
should be measured using a resolution bandwidth of 100 Hz with the 
measuring instrument in a peak hold mode.
    26. Motorola contends that using a resolution bandwidth of 100 Hz, 
rather than the 300 Hz recommended by TIA, adds 5 dB of energy to the 
adjacent channel and will result in reduced spectrum efficiency. SEA 
agrees with Motorola, but recommends that the resolution bandwidth be 
left at 100 Hz, and that the attenuation of the emission masks be 
adjusted 5 dB.
    27. We decline to adjust the measurement technique adopted in the 
R&O. The current industry trend for measuring digital emissions just 
outside the channel, i.e., the adjacent channel, is to use measuring 
instrumentation having a resolution capability of 1% of the bandwidth 
of the carrier emission. This is evidenced by measurement procedures 
and interpretations that have been developed in our rules for the 
licensed Personal Communications Services (PCS) and unlicensed PCS 
devices. A resolution bandwidth of 1% of the carrier emission bandwidth 
provides a reasonable compromise where the emission's interference 
potential can be measured and the instrumentation will not 
detrimentally affect the measurement. Using a 100 Hz resolution 
bandwidth for equipment in the Refarming bands approximates the 1% 
standard that has been accepted by the affected industries in other 
rule makings. Finally, we believe the claim of a 5 dB increase in 
energy to the adjacent channel to be overstated because it assumes a 
uniform level of energy across the measurement window without taking 
into account the roll-off of energy at the band edges that results from 
the emission mask. Therefore, we conclude that any effects on the 
adjacent channel will be less than 5 dB.
    28. In order to promote flexibility for manufacturers to introduce 
new and innovative modulation techniques in the PLMR bands below 512 
MHz, we revised 47 CFR 90.211 to eliminate those requirements that were 
primarily applicable to radios that use frequency modulation (FM). TIA 
supports our objective, but disagrees with our decision to remove 
specified deviation limits for FM and recommends that the modulation 
limits be reinserted into the rules with their respective filter 
characteristics. We disagree. Our rationale for removing the filter 
specifications from 47 CFR 90.211 and the FM deviation limits from 47 
CFR 90.209 was to provide manufacturers flexibility in designing and 
implementing radio specifications. In this connection, we believe that 
setting specifications for FM would be inconsistent with such 
rationale.
    29. With the adoption of a new channel plan, many frequency 
allocations and assignments were altered, particularly those of the 
former low power offset channels. One result of the new channel plan is 
that channels formally available as low power offset channels under 
Section 47 CFR 90.267 are now available as regularly assignable 
channels for high power operations. Additionally, the new channel plan 
resulted in a reallocation of some of these channels from one radio 
service to another by allocating channels that were between allocations 
for two different radio services to the radio service or services where 
the lower of the channels was allocated. Many Petitioners request that 
we reexamine permissible uses for several former offset channels. Upon 
reexamination, we are making several modifications to the frequency 
tables in 47 CFR part 90.
    30. The R&O provided several operational alternatives for licensees 
authorized on the former low power offset channels. One option is to 
remain on their current channels and achieve primary status by 
providing sufficient justification to raise power. A second option is 
to migrate to designated low power channels and achieve primary status 
on those channels. A third option is to remain on their current channel 
at low power and continue to have secondary status.
    31. The Alarm Industry Communications Committee (AICC) contends 
that licensees should be able to attain primary status without raising 
power. Additionally, they ask whether stations wishing to increase 
power need to file a letter notification or an application to provide 
coordinates. Finally, AICC suggests that the Commission continue to 
allow the current practice for alarm transmitters of providing 
coordinates for the center of an operating area and the radius around 
these coordinates in which transmitters will operate rather than 
requiring each fixed transmitter to be individually licensed.
    32. As an initial matter, recognizing that any decision regarding 
changes in power requirements on former low power offset channels will 
be affected by our resolution of the exclusivity issues raised in the 
Further Notice of Proposed Rule Making (60 FR 37148, July 18, 1995) in 
this proceeding, we defer decisions on this matter to a future Order. 
Regarding the requirement to furnish coordinates, we note that 
situations exist where it is neither feasible nor desirable for a 
licensee to furnish coordinates of all transmitters in their system. 
Therefore, we will allow licensees to supply only coordinates of

[[Page 2031]]

the center of an operating area and a radius when all stations are 
fixed, low power, i.e., not to exceed 2 watts, stations.
    33. When we eliminated the low power offset channels in the R&O, we 
established new low power offset channels 3.125 kHz removed from 
regularly assignable channels and authorized them on a secondary, non-
interference basis. The creation of these channels was opposed by the 
Personal Communications Industry Association which contends that low 
power users will be accommodated through coordinator designated 
exclusive low power channels and the color dot channels and that these 
new low power offset channels will recreate difficulties which existed 
with the former low power offset channels Finally, they state that 
these new low power offset channels may have the unintended effect of 
preventing the use of primary channels by wideband, spectrally 
efficient systems. We agree that these low power offset channels could 
potentially have a detrimental effect on the operations on primary 
channels and will therefore remove the new low power offset channels 
from 47 CFR 90.267(b). However, in light of technological advances and 
usage patterns in these bands, we reserve the right to revisit this 
issue in the future.
    34. When we established the Emergency Medical Radio Service (EMRS), 
we assigned the 453 MHz and 458 MHz frequencies used for medical paging 
systems in the Special Emergency Radio Service (SERS) to the EMRS. SERS 
users were permitted to continue operating on these channels as primary 
users for a period of five years. In the R&O, the SERS frequencies 
reassigned to the EMRS were rechannelized at the new narrowband 
spacings. Several petitioners request removal of the new channels that 
arose from splitting the 453 MHz and 458 MHz channels from the SERS. We 
agree and will remove the 453 MHz narrowband channels from the SERS 
frequency table in 47 CFR 90.53(a).
    35. In the EMRS, MED channels are used for emergency medical 
communications. Prior to adoption of the R&O, there were 10 MED 
channels, designated as MED-1 through MED-10. The new channel plan 
created 3 new MED channels higher in frequency than each existing MED 
channel. These new channels, designated as MED-A through MED-X, were 
assigned as follows: MED-A, MED-B, and MED-C were assigned between MED-
1 and MED-2, MED-D, MED-E, and MED-F were assigned between MED-2 and 
MED-3. The new MED channels higher in frequency than MED-9 and MED-10 
were not labeled. Several Petitioners propose changing the MED channel 
labeling scheme to one that is entirely numeric.
    36. We agree that a different labeling approach is needed for the 
new MED channels because any confusion regarding their designation 
could potentially interfere with the communication of messages 
necessary to ensure public safety. Therefore, we will use a trailing 1, 
2, or 3 to designate the position of the new MED channels in relation 
to the existing MED channels. For example, the channel 6.25 kHz above 
MED-3 will be designated as MED-31, the channel 12.5 kHz above MED-3 as 
MED-32, and the channel 18.25 kHz above MED-3 as MED-33. We will adopt 
this labeling approach for designating the channel positions accorded 
to each of the 10 MED channels.
    37. Currently, 47 CFR 90.217 exempts transmitters used in the 
Business Radio Service that have an output power not exceeding 120 
milliwatts from the technical requirements imposed by our rules, 
provided that they meet minimum emission limitations. Many petitioners 
request that this exemption be expanded to include all PLMR services. 
We agree and are expanding the current exemption to include all private 
land mobile radio services.
    38. In order to assure that transient frequencies do not cause 
excessive interference to land mobile licensees and television 
receivers in adjacent bands, the Commission adopted standards for 
transient frequency behavior. These standards are based on EIA/TIA 
standard 603, which sets allowable transient response for radios that 
operate in three frequency bands: 30-300 MHz, 300-500 MHz, and 500-1000 
MHz.
    39. Several petitioners request that we clarify the new rules by 
declaring that they are only applicable to equipment type accepted 
after a specific date. Motorola recommends that the three frequency 
band columns listed in 47 CFR 90.214 be replaced by two frequency band 
columns, one for 150-174 MHz and one for 421-512 MHz. We decline to 
modify the implementation date of Sec. 90.214 of our rules. Since the 
new rules took effect on August 18, 1995, the Commission's Equipment 
Authorization Division has been granting type acceptance based on 
transmitters meeting all of the new technical requirements. Therefore, 
because there have been no objections to the transient frequency 
requirements of 47 CFR 90.214, we see no reason to grant type 
acceptance to transmitters that do not meet the new requirements. 
Additionally, granting type acceptance to radios that do not meet the 
new requirements would be administratively burdensome because it would 
create two categories of transmitters which would be difficult to track 
and identify in the future. We are, however adopting Motorola's 
recommendation to apply the standards for radios that operate in the 
421-500 MHz band to radios that operate in the 500-512 MHz band.
    40. In the R&O, we eliminated 47 CFR 90.271 which provided for 5 
kHz narrowband channels that were offset either 2.5 kHz or 7.5 kHz from 
regularly assignable channels in the 150-170 MHz band. Additionally, 
the R&O permits licensees on these channels to remain on their 
currently authorized frequency until August 1, 2001 if interference is 
not experienced. Securicor asserts that users of these 5 kHz channels, 
who operate the most spectrally-efficient equipment in the PLMR bands, 
are being treated unfairly because they must modify their systems to 
comply with the new channel plan even if they do not experience or 
cause interference.
    41. We share Securicor's concern about unnecessarily causing 
disruption to existing operations. Therefore, to accommodate the needs 
of our licensees and to prevent the premature obsolescence of 
narrowband systems that are already operating in the 150-174 MHz band, 
we will extend by two years, until August 1, 2003, the date by which 
these licensees must migrate to one of the new VHF channels. 
Additionally, licensees may remain on their currently assigned channels 
after August 1, 2003, on a secondary, non-interference basis.
    42. We recently adopted rules in PR Docket No. 92-257 (60 FR 35507, 
July 10, 1995) to allow industrial and land transportation entities to 
use nine VHF maritime public correspondence channel pairs for standard 
two-way base/mobile operations. 47 CFR 90.283 imposes power/antenna 
height restrictions on these frequencies and requires minimum 
separation distances from protected entities.
    43. LMCC requests that the 25 kHz wide channels listed in 47 CFR 
90.283 of our rules be integrated into the new 6.25 kHz narrowband 
channel plan. We note that new 25 kHz Part 90 radios will no longer be 
type accepted in the 150-174 MHz band after the effective date of the 
rule amendments of this MO&O thus, we find it unreasonable to require 
their use. Additionally, we believe that the current restrictions are 
sufficient to ensure that PLMR licensees operating on narrowband 
channels will not cause harmful interference to the protected

[[Page 2032]]

entities. Therefore, we modify 47 CFR 90.283 to provide narrowband 
channel spacings for PLMR users on the shared maritime public 
correspondence frequencies.
    44. The Industrial Telecommunications Association requests that we 
adopt changes in the power/antenna height tables of 47 CFR 90.283(c) 
and 47 CFR 90.283(d) to accommodate users that need to exceed the 
imposed limits due to circumstances such as terrain effects or coverage 
requirements. We are not modifying the rules, rather, we will require a 
request for waiver of the power/antenna height limits of 47 CFR 90.283.
    45. With the adoption of this Memorandum Opinion and Order, we 
finalize the new channel plan and incorporate certain modifications to 
our regulatory and technical framework for the PLMR services in 47 CFR 
part 90. These new rules will provide greater technical flexibility for 
PLMR licensees and equipment manufacturers, promote the highly 
effective and efficient use of the PLMR spectrum, and create an 
environment which will provide users the opportunity to introduce 
advanced technologies into the private land mobile radio services.
    46. The rules are set forth at the end of this document.
    47. The rules contained herein have been analyzed with respect to 
the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq., and found 
to contain no new or modified form, information collection, and/or 
recordkeeping, labeling, disclosure, or record retention requirements 
and will not increase or decrease burden hours imposed on the public.
    48. This Memorandum Opinion and Order and the rule amendments are 
issued under the authority of 47 U.S.C. 154(i), 303(r), and 405.

Final Regulatory Flexibility Analysis

    49. As required by Section 603 of the Regulatory Flexibility Act, 5 
U.S.C. 603 (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rule Making (56 FR 31097, July 
9, 1991) in PR Docket 92-235. The Commission sought written public 
comments on the proposals in the Refarming Notice, including on the 
IRFA. The Commission's Final Regulatory Flexibility Analysis (FRFA) in 
this Memorandum Opinion and Order conforms to the RFA, as amended by 
the Contract With America Advancement Act of 1996.\1\
---------------------------------------------------------------------------

    \1\ Pub. L. 104-121, 110 Stat. 847 (1996) (CWAAA). Subtitle II 
of the CWAAA is ``The Small Business Regulatory Enforcement Fairness 
Act of 1996'' (SBREFA), codified at 5 U.S.C. 601 et seq.
---------------------------------------------------------------------------

A. Need For and Objective of the Proposed Rule

    50. Our objective is to increase spectrum efficiency and facilitate 
the introduction of advanced technologies into the 150-174 MHz, 421-430 
MHz, 450-470 MHz, and 470-512 MHz PLMR bands. The Report and Order in 
this proceeding modified the Commission's rules to resolve many of the 
technical issues which inhibited the use of spectrally efficient 
technologies in these frequency bands. This MO&O address petitions for 
reconsideration and clarification received in response to the Report 
and Order.
    51. We find that the potential benefits to the PLMR community 
exceed any negative effects that may result from the promulgation of 
rules for this purpose. Thus, we conclude that the public interest is 
served by modifying our rules to increase the spectral efficiency of 
the PLMR bands.

B. Summary of Significant Issues Raised by the Public Comments in 
Response to the Initial Regulatory Flexibility Analysis

    52. No comments were submitted in direct response to the IRFA. We 
have, however, reviewed general comments that may impact small 
businesses.

C. Description and Estimate of the Number of Small Entities Subject to 
Which the Rules Apply

    53. The rules adopted in this Memorandum Opinion and Order will 
apply to small business that choose to use, manufacture, or design 
radios that operate in the PLMR bands below 512 MHz. The are no 
Commission imposed requirements, however, for any entity to use or 
produce these products.

Estimates for PLMR Manufacturers

    54. The Commission has not developed a definition of small entities 
specifically applicable to PLMR manufacturers. Therefore, for the 
purposes of this analysis, the applicable definition of small entity is 
the definition under the Small Business Administration (SBA) rules 
applicable to radio and television broadcasting and communications 
equipment manufacturers. The SBA defines a small entity in this 
category as one in which less than 750 persons are employed.\2\
---------------------------------------------------------------------------

    \2\ See 13 CFR 121.201, Standard Industrial Classification (SIC) 
Code 3663.
---------------------------------------------------------------------------

    55. Because the Regulatory Flexibility Act amendments were not in 
effect until the record in this proceeding was closed, the Commission 
was unable to request information regarding the number of small 
entities that manufacture PLMR equipment and is unable at this time to 
determine the number of manufacturers which are small businesses. 
However, the 1992 Census of Manufacturers, conducted by the Bureau of 
Census, which is the most comprehensive and recent information 
available, shows that approximately 925 out of the 948 entities 
manufacturing radio and television transmitting equipment in 1992 
employed less than 750 persons.\3\ We are unable to discern from the 
Census data precisely how many of these manufacturers produce private 
land mobile radios. Further, any entity may choose to manufacture such 
radio equipment. Therefore, for purposes of our evaluations and 
conclusions in this Final Regulatory Flexibility Analysis, we estimate 
that there are at least 925 manufacturers and potential manufacturers 
of PLMR equipment which are small businesses, as that term is defined 
by the SBA.
---------------------------------------------------------------------------

    \3\ See 1992 Census of Manufacturers, Industry Series, 
Communication Equipment, Including Radio and Television, Industries 
3651, 3652, 3661, 3663, and 3669, Issued March 1995, Table 4. This 
table shows a total of 23 manufacturers with an average of 1,000 
employees or more and 908 with an average of 499 employees or less. 
It lists a total of 17 manufacturers with an average of 500-999 
employees. Because we could not determine the number of 
manufacturers in 500-999 category with an average of 750 employees 
or less, we assume all 17 are small businesses for the purpose of 
this evaluation.
---------------------------------------------------------------------------

Estimates for PLMR Licensees

    56. Private land mobile radio system serve an essential role in a 
vast range of industrial, business, land transportation, and public 
safety activities. These radios are used by companies of all sizes 
operating in all U.S. business categories. Because of the vast array of 
PLMR users, the Commission has not developed nor would it be possible 
to develop a definition of small entities specifically applicable to 
PLMR users. For the purpose of determining whether a licensee is a 
small business as defined by the SBA, each licensee would need to be 
evaluated within its own business area.
    57. Because the Regulatory Flexibility Act amendments were not in 
effect until the record in this proceeding was closed, the Commission 
was unable to request information regarding the number of small 
entities that are private land mobile radio licensees. Therefore, the 
Commission is unable at this time to determine the number of small 
businesses which could be impacted by the rules. However, the 
Commission's fiscal year 1994 annual report indicates that at the end 
of fiscal year 1994 there were 1,101,711 licensees operating 12,882,623 
transmitters in the PLMR

[[Page 2033]]

bands below 512 MHz.\4\ Further, because any entity engaged in a 
commercial activity is eligible to hold a PLMR license, these rules 
could potentially impact every small business in the U.S.
---------------------------------------------------------------------------

    \4\ See Federal Communications Commission, 60th Annual Report, 
Fiscal Year 1994 at 120-121.
---------------------------------------------------------------------------

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of the Rules

    58. There are no general reporting or recordkeeping requirements. 
However, for certain requests we have substituted a new, less 
burdensome reporting requirement in place of a requirement for 
applicants to file applications for waiver or modification.
    (1) In order to obtain a type acceptance grant, PLMR radios that 
transmit data must meet a specified spectrum efficiency standard--
measured in bits per second per Hertz. For radios that transmit bit 
rates slower than the specified standard, our rules permit 
manufacturers an alternative to requesting a waiver of the technical 
rules. Type acceptance grants may be obtained, provided that the 
applicant submits a technical analysis which demonstrates that the 
slower data rate will provide more spectral efficiency than the 
standard data rate.
    (2) Our rules provide allowable combinations of antenna height and 
effective radiated power (ERP) based on the size of the area an 
applicant intends to serve and a certain signal strength at the edge of 
this service area. Rather than filing a waiver request, we are allowing 
applicants to exceed the reference antenna height, provided they 
correspondingly lower their ERP and demonstrate that the signal 
strength of their system at the edges of their service area meets the 
general limits.
    (3) Licensees, when making changes to their radio systems, are 
normally required to file an application for modification. However, in 
instances where the only modification to a radio system is a narrowing 
of its operating bandwidth, we will not require an application for 
modification. Instead, we are only requiring that licensees notify the 
Commission of the change.

E. Steps Taken by Agency To Minimize Significant Economic Impact on 
Small Entities Consistent With Stated Objectives

    59. The Commission, in this MO&O, has considered petitions to 
reconsider the rules adopted in the Report and Order in this 
proceeding. In doing so, the Commission has adopted several 
alternatives which minimize burdens placed on small entities. First, 
the Commission reaffirms its decision to implement the transition to 
narrowband equipment through the type acceptance process. Users are not 
required to replace their existing systems, rather they are provided 
flexibility to choose a transition schedule that best fulfills their 
needs while balancing technical capabilities and financial 
considerations. Second, private paging systems, many of which are 
operated by small entities, will not be subject to many of the new 
rules. This approach, by not imposing new requirements on private 
paging licensees, will lower the cost of expanding such systems. Third, 
we provide applicants the ability to deviate from the new power/antenna 
height restrictions, which only apply to new stations, without applying 
for a waiver. This approach eliminates the need for small entities to 
remit waiver fees of $125 per rule section per station. Additionally, 
it eliminates the need for small entities to expend clerical support to 
prepare these waiver requests. Fourth, we allow manufacturers to make 
permissive changes to previously type accepted equipment. This will 
allow small entities to continue supporting their existing equipment 
and customer base in advance of changing their production facilities to 
manufacture radios compliant with the new spectrum efficiency rules. 
Fifth, we ease the frequency stability requirements for narrowband 
radios and extend the exemption from technical standards for low power 
transmitters to all radio services. These changes will lower 
development and production costs for small entities. Sixth, we will not 
require licensees operating on 5 kHz channels under former Sec. 90.271 
of our rules to comply with the new channel plan by August 1, 2001. 
Instead, these licensees can continue operating on their current 
frequency as long as they do not cause interference to other users. 
This approach will lower costs to small entities by not requiring those 
who operate such systems to modify them sooner than necessary or at 
all.

F. Commission's Outreach Efforts To Learn of and Respond to the Views 
of Small Entities Pursuant to 5 U.S.C. 609

    60. The Commission has, in this proceeding, taken several steps to 
learn and respond to the views of small entities. In response to the 
Refarming Notice, we held two public forums. On November 14, 1991, the 
Private Radio Bureau, in cooperation with the Annenberg Washington 
Program, Communications Policy Studies of Northwestern University, 
sponsored a conference on Refarming and on May 16, 1993, the Private 
Radio Bureau held a Refarming technology Roundtable. Additionally, 
throughout the course of this proceeding the representatives of the 
Private Wireless Division (PWD) of the Wireless Telecommunications 
Bureau have had numerous ex parte discussions with small entities or 
their representatives. For example, the PWD has met with many of the 
frequency coordinators for the nineteen PLMR services.5
---------------------------------------------------------------------------

    \5\ Many of the frequency coordinators are trade associations 
and represent their members, many of which are small entities, views 
on telecommunications matters.
---------------------------------------------------------------------------

G. Report to Congress

    61. The Commission shall send a copy of this final Regulatory 
Flexibility analysis, along with the Memorandum Opinion and Order, in a 
report to Congress pursuant to the SBREFA.6 A copy of this FRFA 
will also be published in the Federal Register.
---------------------------------------------------------------------------

    \6\ See 5. U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio.

Federal Communications Commission
William F. Caton,
Acting Secretary.

Rule Changes

    Part 90 of Chapter I of Title 47 of the Code of Federal Regulations 
is amended as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

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

    Authority: 47 U.S.C. 154, 302, 303, and 332, unless otherwise 
noted.

    2. Section 90.17 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (b) and adding paragraph 
(c)(31) to read as follows:


Sec. 90.17  Local Government Radio Service.

* * * * *
    (b) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      29, 31 
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (31) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz

[[Page 2034]]

removed from regularly assignable frequencies may continue to operate 
on a secondary, non-interference basis after August 1, 2003.
* * * * *
    3. Section 90.19 is amended by revising the entries for 150 to 170 
MHz, and 460.0125 MHz in the frequency table in paragraph (d) and 
adding paragraphs (e)(35) and (e)(36) to read as follows:


Sec. 90.19  Police Radio Service.

* * * * *
    (d) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      33, 35 
                                                                        
                  *        *        *        *        *                 
460.0125....................  ......do.....................      26, 36 
------------------------------------------------------------------------

* * * * *
    (e) * * *
    (35) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
    (36) Use of this frequency is on a secondary basis and subject to 
the provisions of Sec. 90.267(a)(3), (a)(4), (a)(5), and (a)(7)
* * * * *
    4. Section 90.21 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (b) and adding paragraph 
(c)(23) to read as follows:


Sec. 90.21  Fire Radio Service.

* * * * *
    (b) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      21, 23 
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (23) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    5. Section 90.23 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (b) and adding paragraph 
(c)(24) to read as follows:


Sec. 90.23  Highway Maintenance Radio Service.

* * * * *
    (b) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      21, 24 
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (24) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    6. Section 90.25 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (b) and adding paragraph 
(c)(28) to read as follows:


Sec. 90.25  Forestry-Conservation Radio Service.

* * * * *
    (b) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      25, 28 
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (28) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    7. Section 90.27 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (b), by revising the tables in 
paragraphs (c)(11) and (c)(13)(i), and by adding paragraph (c)(29) to 
read as follows:


Sec. 90.27  Emergency Medical Radio Service.

* * * * *
    (b) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      28, 29 
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (11) * * *

------------------------------------------------------------------------
 Frequencies                                                            
  base and     Mobile only                  Channel name                
mobile (MHz)      (MHz)                                                 
------------------------------------------------------------------------
462.950.....     467.950    MED-9                                       
462.95625...     467.95625  MED-91                                      
462.9625....     467.9625   MED-92                                      
462.96875...     467.96875  MED-93                                      
462.975.....     467.975    MED-10                                      
462.98125...     467.98125  MED-101                                     
462.9875....     467.9875   MED-102                                     
462.99375...     467.99375  MED-103                                     
------------------------------------------------------------------------

* * * * *
    (13) * * *
    (i) * * *

------------------------------------------------------------------------
 Frequencies                                                            
  base and     Mobile only                  Channel name                
mobile (MHz)      (MHz)                                                 
------------------------------------------------------------------------
463.000.....     468.000    MED-1                                       
463.00625...     468.00625  MED-11                                      
463.0125....     468.0125   MED-12                                      
463.01875...     468.01875  MED-13                                      
463.025.....     468.025    MED-2                                       
463.03125...     468.03125  MED-21                                      
463.0375....     468.0375   MED-22                                      
463.04375...     468.04375  MED-23                                      
463.050.....     468.050    MED-3                                       
463.05625...     468.05625  MED-31                                      
463.0625....     468.0625   MED-32                                      
463.06875...     468.06875  MED-33                                      
46.075......      46.075    MED-4                                       
463.08125...     468.08125  MED-41                                      
463.0875....     468.0875   MED-42                                      
463.09375...     468.09375  MED-43                                      
463.100.....     468.100    MED-5                                       
463.10625...     468.10625  MED-51                                      
463.1125....     468.1125   MED-52                                      
463.11875...     468.11875  MED-53                                      
463.125.....     468.125    MED-6                                       
463.13125...     468.13125  MED-61                                      
463.1375....     468.1375   MED-62                                      
463.14375...     468.14375  MED-63                                      
463.150.....     468.150    MED-7                                       
463.15625...     468.15625  MED-71                                      
463.1625....     468.1625   MED-72                                      
463.16875...     468.16875  MED-73                                      
463.175.....     468.175    MED-8                                       
463.18125...     468.18125  MED-81                                      
463.1875....     468.1875   MED-82                                      
463.19375...     468.19375  MED-83                                      
------------------------------------------------------------------------


[[Page 2035]]

* * * * *
    (29) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
    8. Section 90.53 is amended by revising the entries for 150 to 170 
MHz and 458.0375 MHz, removing the entries for 453.03125 MHz, 453.03750 
MHz, 453.04375 MHz, 453.08125 MHz, 453.08750 MHz, 453.09375 MHz, 
453.13125 MHz, 453.13750 MHz, 453.14375 MHz, 453.18125 MHz, 453.18750 
MHz, 453.19375 MHz, 462.0125 MHz, 462.0375 MHz, 462.0625 MHz, 462.0875 
MHz, 462.1125 MHz, 462.1375 MHz, 462.1625 MHz, 462.1775 MHz, 467.0125 
MHz, 467.0375 MHz, 467.0625 MHz, 467.0875 MHz, 467.1125 MHz, 467.1375 
MHz, 467.1625 MHz, 467.1875 MHz, and adding entries for 458.0125 MHz, 
463.0125 MHz, 463.0375 MHz, 463.0625 MHz, 463.0875 MHz, 463.1125 MHz, 
463.1375 MHz, 463.1625 MHz, 463.1875 MHz, 468.0125 MHz, 468.0375 MHz, 
468.0625 MHz, 468.0875 MHz, 468.1125 MHz, 468.1375 MHz, 468.1625 MHz, 
and 468.1875 MHz in the frequency table in paragraph (a), and adding 
paragraph (b)(39) to read as follows:


Sec. 90.53  Frequencies available.

    (a) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      36, 39 
                                                                        
                  *        *        *        *        *                 
458.0125....................  Mobile.......................          38 
458.0375....................  ......do.....................          38 
                                                                        
                  *        *        *        *        *                 
463.0125....................  ......do.....................          38 
463.0375....................  ......do.....................          38 
463.0625....................  ......do.....................          38 
463.0875....................  ......do.....................          38 
463.1125....................  ......do.....................          38 
463.1375....................  ......do.....................          38 
463.1625....................  ......do.....................          38 
463.1875....................  ......do.....................          38 
                                                                        
                  *        *        *        *        *                 
468.0125....................  ......do.....................          38 
468.0375....................  ......do.....................          38 
468.0625....................  ......do.....................          38 
468.0875....................  ......do.....................          38 
468.1125....................  ......do.....................          38 
468.1375....................  ......do.....................          38 
468.1625....................  ......do.....................          38 
468.1875....................  ......do.....................          38 
------------------------------------------------------------------------

* * * * *
    (39) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    9. Section 90.63 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (c) and adding paragraph 
(d)(31) to read as follows:


Sec. 90.63  Power Radio Service.

 * * * * *
    (c) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      29, 31 
------------------------------------------------------------------------

* * * * *
    (d) * * *
    (31) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    10. Section 90.65 is amended by revising the entry for 150 to 170 
MHz, removing the second entry for 456.525 MHz, and adding entries for 
456.7375 MHz and 462.5125 MHz in the frequency table in paragraph (b) 
and adding paragraph (c)(48) to read as follows:


Sec. 90.65  Petroleum Radio Service.

* * * * *
    (b) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      45, 48 
                  *        *        *        *        *                 
456.7375....................  ......do.....................          46 
                  *        *        *        *        *                 
462.5125....................  Mobile.......................          46 
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (48) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    11. Section 90.67 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (b) and adding paragraph 
(c)(43) to read as follows:


Sec. 90.67  Forest Products Radio Service.

* * * * *
    (b) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      39, 43 
------------------------------------------------------------------------

    (c) * * *
    (43) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    12. Section 90.69 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (b) and adding paragraph 
(c)(16) to read as follows:


Sec. 90.69  Film and Video Production Radio Service.

* * * * *
    (b) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      15, 16 
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (16) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    13. Section 90.73 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (c)

[[Page 2036]]

and adding paragraph (d)(42) to read as follows:


Sec. 90.73  Special Industrial Radio Service.

* * * * *
    (c) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      39, 42 
------------------------------------------------------------------------

* * * * *
    (d) * * *
    (42) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    14. Section 90.75 is amended by revising the entries for 150 to 170 
MHz, 150.830 MHz, 150.920 MHz, 151.070 MHz, 151.190 MHz, 151.310 MHz, 
152.480 MHz, 157.740 MHz, 460.66250 MHz, 460.68750 MHz, 460.71250 MHz, 
460.73750 MHz, 460.76250 MHz, 460.78750 MHz, 460.81250 MHz, 460.83750 
MHz, 460.86250 MHz, 460.88750 MHz, 462.750 MHz, 462.775 MHz, 462.800 
MHz, 462.825 MHz, 462.850 MHz, 462.875 MHz, 462.900 MHz, 462.925 MHz, 
462.93750 MHz, 462.94375 MHz, 463.200 MHz, 464.4875 MHz, 464.5125 MHz, 
464.5375 MHz, 464.5625 MHz, 464.98750 MHz, 465.01250 MHz, 465.650 MHz, 
465.66250 MHz, 465.68750 MHz, 465.71250 MHz, 465.73750 MHz, 465.76250 
MHz, 465.78750 MHz, 465.81250 MHz, 465.83750 MHz, 465.86250 MHz, 
465.88750 MHz, 469.4875 MHz, 469.5125 MHz, 469.5375 MHz, and 469.5625 
MHz, adding entries for 154.585 MHz and 467.9375 MHz in the table in 
paragraph (b) and adding paragraphs (c)(53), (c)(54), and (c)(55) to 
read as follows:


Sec. 90.75  Business Radio Service.

* * * * *
    (b) * * * 

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      48, 54 
                                                                        
                  *        *        *        *        *                 
150.830.....................  Base.........................  8, 10, 12, 
                                                                 49, 55 
                                                                        
                  *        *        *        *        *                 
150.920.....................  Base.........................  8, 10, 12, 
                                                                 49, 55 
                                                                        
                  *        *        *        *        *                 
151.070.....................  Base.........................  8, 10, 12, 
                                                                 49, 55 
                                                                        
                  *        *        *        *        *                 
151.190.....................  Base.........................  8, 10, 12, 
                                                                 49, 55 
                                                                        
                  *        *        *        *        *                 
151.310.....................  Base.........................  8, 10, 12, 
                                                                 49, 55 
                                                                        
                  *        *        *        *        *                 
152.480.....................  Base.........................  10, 11, 12,
                                                                 49, 55 
                                                                        
                  *        *        *        *        *                 
154.585.....................  ......do.....................  4, 13, 22, 
                                                                 38, 24 
                                                                        
                  *        *        *        *        *                 
157.740.....................  Base.........................  10, 11, 12,
                                                                 49, 55 
                                                                        
                  *        *        *        *        *                 
460.6625....................  ......do.....................  2, 15, 24, 
                                                             25, 26, 53 
                                                                        
                  *        *        *        *        *                 
460.6875....................  ......do.....................  2, 15, 24, 
                                                             25, 26, 53 
                                                                        
                  *        *        *        *        *                 
460.7125....................  ......do.....................  2, 15, 24, 
                                                             25, 26, 53 
                                                                        
                  *        *        *        *        *                 
460.7375....................  ......do.....................  2, 15, 24, 
                                                             25, 26, 53 
                                                                        
                  *        *        *        *        *                 
460.7625....................  ......do.....................  2, 15, 24, 
                                                             25, 26, 53 
                                                                        
                  *        *        *        *        *                 
460.7875....................  ......do.....................  2, 15, 24, 
                                                             25, 26, 53 
                                                                        
                  *        *        *        *        *                 
460.8125....................  ......do.....................  2, 15, 24, 
                                                             25, 26, 53 
                                                                        
                  *        *        *        *        *                 
460.8375....................  ......do.....................  2, 15, 24, 
                                                             25, 26, 53 
                                                                        
                  *        *        *        *        *                 
460.8625....................  ......do.....................  2, 15, 24, 
                                                             25, 26, 53 
                                                                        
                  *        *        *        *        *                 
460.8875....................  ......do.....................  2, 15, 24, 
                                                             25, 26, 53 
                                                                        
                  *        *        *        *        *                 
462.750.....................  Base.........................  10, 49, 55 
                                                                        
                  *        *        *        *        *                 
462.775.....................  Base.........................  10, 49, 55 
                                                                        
                  *        *        *        *        *                 
462.800.....................  Base.........................  10, 49, 55 
                                                                        
                  *        *        *        *        *                 
462.825.....................  Base.........................  10, 49, 55 
                                                                        
                  *        *        *        *        *                 
462.850.....................  Base.........................  10, 49, 55 
                                                                        
                  *        *        *        *        *                 
462.875.....................  Base.........................  10, 49, 55 
                                                                        
                  *        *        *        *        *                 
462.900.....................  Base.........................  10, 49, 55 
                                                                        
                  *        *        *        *        *                 
462.925.....................  Base.........................  10, 49, 55 
462.9375....................  Mobile.......................          52 
462.94375...................  Base or mobile...............          46 
463.200.....................  ......do.....................    1, 2, 26 
                                                                        
                  *        *        *        *        *                 
464.4875....................  ......do.....................   1, 2, 24, 
                                                                 26, 29 
                                                                        
                  *        *        *        *        *                 
464.5125....................  ......do.....................   1, 2, 24, 
                                                                 26, 29 
                                                                        
                  *        *        *        *        *                 
464.5375....................  ......do.....................   1, 2, 24, 
                                                                 26, 29 
                                                                        
                  *        *        *        *        *                 
464.5625....................  ......do.....................   1, 2, 24, 
                                                                 26, 29 
                                                                        
                  *        *        *        *        *                 
464.9875....................  Mobile.......................          52 
                                                                        
                  *        *        *        *        *                 
465.0125....................  Mobile.......................          52 
                                                                        
                  *        *        *        *        *                 
465.650.....................  ......do.....................   2, 4, 25, 
                                                                 26, 31 
                                                                        

[[Page 2037]]

                                                                        
                  *        *        *        *        *                 
465.6625....................  ......do.....................   2, 4, 24, 
                                                             25, 26, 31,
                                                                     53 
                                                                        
                  *        *        *        *        *                 
465.6875....................  ......do.....................   2, 4, 24, 
                                                             25, 26, 31,
                                                                     53 
                                                                        
                  *        *        *        *        *                 
465.7125....................  ......do.....................   2, 4, 24, 
                                                             25, 26, 31,
                                                                     53 
                                                                        
                  *        *        *        *        *                 
465.7375....................  ......do.....................   2, 4, 24, 
                                                             25, 26, 31,
                                                                     53 
                                                                        
                  *        *        *        *        *                 
465.7625....................  ......do.....................   2, 4, 24, 
                                                             25, 26, 31,
                                                                     53 
                                                                        
                  *        *        *        *        *                 
465.7875....................  ......do.....................   2, 4, 24, 
                                                             25, 26, 31,
                                                                     53 
                                                                        
                  *        *        *        *        *                 
465.8125....................  ......do.....................   2, 4, 24, 
                                                             25, 26, 31,
                                                                     53 
                                                                        
                  *        *        *        *        *                 
465.8375....................  ......do.....................   2, 4, 24, 
                                                             25, 26, 31,
                                                                     53 
                                                                        
                  *        *        *        *        *                 
465.8625....................  ......do.....................   2, 4, 24, 
                                                             25, 26, 31,
                                                                     53 
                                                                        
                  *        *        *        *        *                 
465.8875....................  ......do.....................   2, 4, 24, 
                                                             25, 26, 31,
                                                                     53 
                                                                        
                  *        *        *        *        *                 
466.0125....................  ......do.....................   1, 2, 24, 
                                                             28, 39, 53 
                                                                        
                  *        *        *        *        *                 
467.9375....................  ......do.....................      24, 52 
                                                                        
                  *        *        *        *        *                 
469.4875....................  ......do.....................   1, 2, 24, 
                                                                     26 
                                                                        
                  *        *        *        *        *                 
469.5125....................  ......do.....................   1, 2, 24, 
                                                                     26 
                                                                        
                  *        *        *        *        *                 
469.5375....................  ......do.....................   1, 2, 24, 
                                                                     26 
                                                                        
                  *        *        *        *        *                 
469.5625....................  ......do.....................   1, 2, 24, 
                                                                     26 
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (53) This frequency may be used on a secondary, non-interference 
basis by a hospital or health care institution holding a license to 
operate a radio station under this part to operate a medical radio 
telemetry device with an output power not to exceed 20 milliwatts 
without specific authorization from the Commission.
    (54) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
    (55) One-way paging transmitters on this frequency may operate with 
an output power of 350 watts.
* * * * *
    15. Section 90.79 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (c) and adding paragraph 
(d)(32) to read as follows:


Sec. 90.79  Manufacturers Radio Service.

* * * * *
    (c) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      30, 32 
------------------------------------------------------------------------

* * * * *
    (d) * * *
    (32) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    16. Section 90.81 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (c) and adding paragraph 
(d)(19) to read as follows:


Sec. 90.81  Telephone Maintenance Radio Service.

* * * * *
    (c) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      17, 19 
------------------------------------------------------------------------

* * * * *
    (d) * * *
    (19) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    17. Section 90.89 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (b) and adding paragraph 
(c)(27) to read as follows:


Sec. 90.89  Motor Carrier Radio Service.

* * * * *
    (b) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      24, 27 
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (27) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    18. Section 90.91 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (b) and adding paragraph 
(c)(25) to read as follows:


Sec. 90.91  Railroad Radio Service.

* * * * *
    (b) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      23, 25 
------------------------------------------------------------------------

* * * * *

[[Page 2038]]

    (c) * * *
    (25) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    19. Section 90.93 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (b) and adding paragraph 
(c)(20) to read as follows:


Sec. 90.93  Taxicab Radio Service.

* * * * *
    (b) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............      18, 20 
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (20) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    20. Section 90.95 is amended by revising the entry for 150 to 170 
MHz in the frequency table in paragraph (c) and adding paragraph 
(d)(24) to read as follows:


Sec. 90.95  Automobile Emergency Radio Service.

* * * * *
    (c) * * *

------------------------------------------------------------------------
      Frequency or band            Class of station(s)       Limitations
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Megahertz:                                                              
                                                                        
                  *        *        *        *        *                 
150 to 170..................  Base or Mobile...............       21, 24
------------------------------------------------------------------------

* * * * *
    (d) * * *
    (24) Licensees as of August 18, 1995 who operate systems that are 
2.5 kHz removed from regularly assignable frequencies may continue to 
operate on a secondary, non-interference basis after August 1, 2003.
* * * * *
    21. Section 90.135 is amended by revising paragraph (a)(2), 
redesignating paragraph (b)(5) as paragraph (b)(6), adding a new 
paragraph (b)(5), revising the first and last sentences in paragraph 
(d) and revising the first sentence in paragraph (e) to read as 
follows:


Sec. 90.135  Modification of license.

    (a) * * *
    (2) Change in the type of emission, except under the conditions 
specified in paragraph (b)(5) of this section.
* * * * *
    (b) * * *
    (5) Change in the type of emission when:
    (i) Operation is in the 150-174 MHz or 421-512 MHz bands; and
    (ii) The modification will be for a narrower emission than 
specified in the current authorization.
* * * * *
    (d) In case of a change listed in paragraphs (b)(1), (b)(2), or 
(b)(5) of this section, the licensee must notify the Commission 
immediately. * * * Licensees whose licenses are due for renewal and who 
have received the renewal Form 574-R in the mail from the Commission 
must use the appropriate boxes on that form to notify the Commission of 
a change listed in paragraphs (b)(1), (b)(2), or (b)(5) of this 
section.
    (e) In the case of a change listed in paragraphs (b)(3), (b)(4), 
and (b)(6) of this section, the licensee must notify the Commission 
within 30 days of the change. * * *
* * * * *
    22. Section 90.173 is amended by revising paragraph (a) to read as 
follows:


Sec. 90.173  Policies governing the assignment of frequencies.

    (a) The frequencies which ordinarily may be assigned to stations in 
the services governed by this part are listed in subparts B, C, D, E, 
and F of this part. Frequencies other than those listed in subparts B, 
C, D, and E may be assigned in the 150-174 MHz, 421-430 MHz, 450-470 
MHz, and 470-512 MHz bands, provided such applications are accompanied 
by a showing of frequency coordination in accordance with the 
requirements of Section 90.175. Except as otherwise specifically 
provided in this part, frequencies assigned to land mobile stations are 
available on a shared basis only and will not be assigned for the 
exclusive use of any licensee.
* * * * *
    23. Section 90.203 is amended by revising paragraph (j) to read as 
follows:


Sec. 90.203  Type acceptance required.

* * * * *
    (j) Except where otherwise specifically provided for, transmitters 
operating on frequencies in the 150-174 MHz and 421-512 MHz bands must 
comply with the following.
    (1) Applications for type acceptance received prior to February 14, 
1997, will be granted for equipment with channel bandwidths up to 25 
kHz.
    (2) Applications for type acceptance received on or after February 
14, 1997 will only be granted for equipment with the following channel 
bandwidths:
    (i) 12.5 kHz or less for single bandwidth mode equipment or multi-
bandwidth mode equipment with a maximum channel bandwidth of 12.5 kHz;
    (ii) 25 kHz for multi-bandwidth mode equipment with a maximum 
channel bandwidth of 25 kHz if it is capable of operating on channels 
of 12.5 kHz or less; and
    (iii) 25 kHz if the equipment meets the efficiency standard of 
paragraph (j)(3) of this section.
    (3) Applications for Part 90 type acceptance of transmitters 
designed to operate on frequencies in the 150-174 MHz and /or 421-512 
MHz bands, received on or after February 14, 1997, must include a 
certification that the equipment meets a spectrum efficiency standard 
of one voice channel per 12.5 kHz of channel bandwidth. Additionally, 
if the equipment is capable of transmitting data, has transmitter 
output power greater than 500 mW, and has a channel bandwidth of 6.25 
kHz or more, the equipment must be capable of supporting a minimum data 
rate of 4800 bits per second per 6.25 kHz of channel bandwidth.
    (4) Applications for type acceptance received on or after January 
1, 2005, except for hand-held transmitters with an output power of two 
watts or less, type acceptance will only be granted for equipment with 
the following channel bandwidths:
    (i) 6.25 kHz or less for single bandwidth mode equipment;
    (ii) 12.5 kHz for multi-bandwidth mode equipment with a maximum 
channel bandwidth of 12.5 kHz if it is capable of operating on channels 
of 6.25 kHz or less;
    (iii) 25 kHz for multi-bandwidth mode equipment with a maximum 
channel bandwidth of 25 kHz if it is capable of operating on channels 
of 6.25 kHz or less; and
    (iv) Up to 25 kHz if the equipment meets the efficiency standard of 
paragraph (j)(5) of this section.
    (5) Applications for Part 90 type acceptance of transmitters 
designed to operate on frequencies in the 150-174

[[Page 2039]]

MHz and/or 421-512 MHz bands, received on or after January 1, 2005, 
must include a certification that the equipment meets a spectrum 
efficiency standard of one voice channel per 6.25 kHz of channel 
bandwidth. Additionally, if the equipment is capable of transmitting 
data, has transmitter output power greater than 500 mW, and has a 
channel bandwidth of 6.25 kHz or more, the equipment must be capable of 
supporting a minimum data rate of 4800 bits per second per 6.25 kHz of 
channel bandwidth.
    (6) Modification and permissive changes to type acceptance grants.
    (i) The Commission's Equipment Authorization Division will not 
allow adding a multi-mode or narrowband operation capability to single 
bandwidth mode transmitters, except under the following conditions:
    (A) Transmitters that have the inherent capability for multi-mode 
or narrowband operation allowed in paragraphs (j)(2) and (j)(4) of this 
section, may have their grant of Type Acceptance modified (reissued) 
upon demonstrating that the original unit complies with the technical 
requirements for operation; and
    (B) New FCC Identifiers will be required to identify equipment that 
needs to be modified to comply with the requirements of paragraphs 
(j)(2) and (j)(4) of this section.
    (ii) All other applications for modification or permissive changes 
will be subject to the Rules of part 2 of this chapter.
    (7) Transmitters designed for one-way paging operations will be 
type accepted with a 25 kHz channel bandwidth and are exempt from the 
spectrum efficiency requirements of paragraphs (j)(3) and (j)(5) of 
this section.
    (8) The Commission's Equipment Authorization Division may, on a 
case by case basis, grant type acceptance to equipment with slower data 
rates than specified in paragraphs (j)(3) and (j)(5) of this section, 
provided that a technical analysis is submitted with the application 
which describes why the slower data rate will provide more spectral 
efficiency than the standard data rate.
    (9) Transmitters used for stolen vehicle recovery on 173.075 MHz 
must comply with the requirements of Section 90.19(f)(7).
    24. Section 90.205 is amended by revising paragraph (d)(2), the 
last sentence of paragraph (d)(3), paragraph (g)(2), the last sentence 
of paragraph (g)(3), and adding a new paragraph (n) to read as follows:


Sec. 90.205  Power and antenna height limits.

* * * * *
    (d) * * *
    (2) Applications for stations where special circumstances exist 
that make it necessary to deviate from the ERP and antenna heights in 
Table 1 will be submitted to the frequency coordinator accompanied by a 
technical analysis, based upon generally accepted engineering practices 
and standards, that demonstrates that the requested station parameters 
will not produce a signal strength in excess of 37 dBu at any point 
along the edge of the requested service area. The coordinator may then 
recommend any ERP appropriate to meet this condition.
    (3) * * * For base stations with service areas greater than 80 km, 
all operations 80 km or less from the base station will be on a primary 
basis and all operations outside of 80 km from the base station will be 
on a secondary basis and will be entitled to no protection from primary 
operations.
* * * * *
    (g) * * *
    (2) Applications for stations where special circumstances exist 
that make it necessary to deviate from the ERP and antenna heights in 
Table 2 will be submitted to the frequency coordinator accompanied by a 
technical analysis, based upon generally accepted engineering practices 
and standards, that demonstrates that the requested station parameters 
will not produce a signal strength in excess of 39 dBu at any point 
along the edge of the requested service area. The coordinator may then 
recommend any ERP appropriate to meet this condition.
    (3) * * * For base stations with service areas greater than 80 km, 
all operations 80 km or less from the base station will be on a primary 
basis and all operations outside of 80 km from the base station will be 
on a secondary basis and will be entitled to no protection from primary 
operations.
* * * * *
    (n) The output power shall not exceed by more than 20 percent 
either the output power shown in the Radio Equipment List [available in 
accordance with Sec. 90.203(a)(1)] for transmitters included in this 
list or when not so listed, the manufacturer's rated output power for 
the particular transmitter specifically listed on the authorization.
    25. Section 90.207 is amended by revising the introductory text of 
paragraph (a) and adding the symbol W to paragraphs (a)(1) and (a)(3) 
to read as follows:


Sec. 90.207  Types of emissions.

* * * * *
    (a) Most common emission symbols. For a complete listing of 
emission symbols allowable under this part, see Sec. 2.201 of this 
chapter.
    (1) * * * 
    W--Cases not covered above, in which an emission consists of the 
main carrier modulated, either simultaneously or in a pre-established 
sequence, in a combination of two or more of the following modes: 
amplitude, angle, pulse.
* * * * *
    (3) * * * 
    W--Combination of the above.
* * * * *
    26. Section 90.211 is amended by revising paragraph (a) to read as 
follows:


Sec. 90.211  Modulation requirements.

* * * * *
    (a) Transmitters utilizing analog emissions that are equipped with 
an audio low-pass filter must meet the emission limitations specified 
in Sec. 90.210. Testing must be in accordance with the rules specified 
in part 2 of this chapter.
* * * * *
    27. Section 90.213 is amended by revising the entries for 150-174 
MHz, 421-512 MHz, 806-821 MHz, 821-824 MHz, and 896-901 MHz, revising 
footnotes 6, 7, and 8, and adding footnote 14 to the table in paragraph 
(a) to read as follows:


Sec. 90.213  Frequency stability.

    (a) * * *

[[Page 2040]]



                                           Minimum Frequency Stability                                          
                                            [Parts per million (ppm)]                                           
----------------------------------------------------------------------------------------------------------------
                                                                                          Mobile stations       
                                                                                 -------------------------------
                      Frequency range (MHz)                       Fixed and base                    2 watts or  
                                                                     stations      Over 2 watts     less output 
                                                                                   output power        power    
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                             *        *        *        *        *        *        *                            
150-174.........................................................          5 11 5           \6\ 5          4 6 50
                                                                                                                
                             *        *        *        *        *        *        *                            
421-512.........................................................     7 11 14 2.5           \8\ 5           \8\ 5
806-821.........................................................        \14\ 1.5             2.5             2.5
821-824.........................................................        \14\ 1.0             1.5             1.5
                                                                                                                
                             *        *        *        *        *        *        *                            
896-901.........................................................        \14\ 0.1             1.5             1.5
                                                                                                                
                                *        *        *        *        *        *        *                         
----------------------------------------------------------------------------------------------------------------
*        *        *        *        *        *        *                                                         
\4\ Stations operating in the 154.45 to 154.49 MHz or the 173.2 to 173.4 MHz bands must have a frequency        
  stability of 5 ppm.                                                                                           
\5\ In the 150-174 MHz band, fixed and base stations with a 12.5 kHz channel bandwidth must have a frequency    
  stability of 2.5 ppm. Fixed and base stations with a 6.25 kHz channel bandwidth must have a frequency         
  stability of 1.0 ppm.                                                                                         
\6\ In the 150-174 MHz band, mobile stations designed to operate with a 12.5 kHz channel bandwidth or designed  
  to operate on a frequency specifically designated for itinerant use or designed for low-power operation of two
  watts or less, must have a frequency stability of 5.0 ppm. Mobile stations designed to operate with a 6.25 kHz
  channel bandwidth must have a frequency stability of 2.0 ppm.                                                 
\7\ In the 421-512 MHz band, fixed and base stations with a 12.5 kHz channel bandwidth must have a frequency    
  stability of 1.5 ppm. Fixed and base stations with a 6.25 kHz channel bandwidth must have a frequency         
  stability of 0.5 ppm.                                                                                         
\8\ In the 421-512 MHz band, mobile stations designed to operate with a 12.5 kHz channel bandwidth must have a  
  frequency stability of 2.5 ppm. Mobile stations designed to operate with a 6.25 kHz channel bandwidth must    
  have a frequency stability of 1.0 ppm.                                                                        
*        *        *        *        *        *        *                                                         
\11\ Paging transmitters operating on paging-only frequencies must operate with frequency stability of 5 ppm in 
  the 150-174 MHz band and 2.5 ppm in the 421-512 MHz band.                                                     
*        *        *        *        *        *        *                                                         
\14\ Control stations may operate with the frequency tolerance specified for associated mobile frequencies.     

* * * * *
    28. Section 90.214 is revised to read as follows:


Sec. 90.214  Transient frequency behavior.

    Transmitters designed to operate in the 150-174 MHz and 421-512 MHz 
frequency bands must maintain transient frequencies within the maximum 
frequency difference limits during the time intervals indicated:

----------------------------------------------------------------------------------------------------------------
                                                                                  All equipment                 
        Time intervals 1, 2              Maximum frequency     -------------------------------------------------
                                          difference \3\              150 to 174 MHz           421 to 512 MHz   
----------------------------------------------------------------------------------------------------------------
                Transient Frequency Behavior for Equipment Designed to Operate on 25 kHz Channels               
----------------------------------------------------------------------------------------------------------------
                                                                                                                
t14...............................   25.0 kHz       5.0 ms                      10.0 ms             
t2................................   12.5 kHz       20.0 ms                     25.0 ms             
t34...............................   25.0 kHz       5.0 ms                      10.0 ms             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
               Transient Frequency Behavior for Equipment Designed to Operate on 12.5 kHz Channels              
                                                                                                                
----------------------------------------------------------------------------------------------------------------
t14...............................   12.5 kHz       5.0 ms                      10.0 ms             
t2................................   6.25 kHz       20.0 ms                     25.0 ms             
t34...............................   12.5 kHz       5.0 ms                      10.0 ms             
                                                                                                                
----------------------------------------------------------------------------------------------------------------
               Transient Frequency Behavior for Equipment Designed to Operate on 6.25 kHz Channels              
                                                                                                                
----------------------------------------------------------------------------------------------------------------
t14...............................   6.25 kHz       5.0 ms                      10.0 ms             
t2................................   3.125 kHz      20.0 ms                     25.0 ms             
t34...............................   6.25 kHz       5.0 ms                      10.0 ms             
----------------------------------------------------------------------------------------------------------------
\1\ ton is the instant when a 1 kHz test signal is completely suppressed, including any capture time due to     
  phasing.                                                                                                      
t1 is the time period immediately following ton.                                                                
t2 is the time period immediately following t1.                                                                 
t3 is the time period from the instant when the transmitter is turned off until toff.                           
toff is the instant when the 1 kHz test signal starts to rise.                                                  
2 During the time from the end of t2 to the beginning of t3, the frequency difference must not exceed the limits
  specified in Sec.  90.213.                                                                                    
3 Difference between the actual transmitter frequency and the assigned transmitter frequency.                   
4 If the transmitter carrier output power rating is 6 watts or less, the frequency difference during this time  
  period may exceed the maximum frequency difference for this time period.                                      


[[Page 2041]]

    29. Section 90.217 is amended by revising the introductory text and 
the first sentence in paragraph (a) to read as follows:


Sec. 90.217  Exemption from technical standards.

    Except as noted herein, transmitters used at stations licensed in 
the Business Radio Service and at stations licensed in the 150-174 MHz 
and 421-512 MHz bands in any Radio Service listed in Subparts B, C, D, 
and E of this Part which have an output power not exceeding 120 
milliwatts are exempt from the technical requirements set out in this 
subpart, but must instead comply with the following:
    (a) For equipment designed to operate with a 25 kHz channel 
bandwidth, * * *
* * * * *


Sec. 90.267  [Amended]

    30. Section 90.267 is amended by removing and reserving paragraph 
(b).
    31. Section 90.283 is amended by revising the table in paragraph 
(a), revising paragraph (c) and adding paragraph (g) to read as 
follows:


Sec. 90.283  Inter-service sharing of maritime frequencies in the 156-
162 MHz band.

    (a) * * *

                             Frequency (MHz)                            
------------------------------------------------------------------------
                                                          Mobile station
                 Mobile station transmit                     transmit   
------------------------------------------------------------------------
157.200.................................................     161.800    
157.20625 \1\...........................................  \1\ 161.80625 
157.2125 \2\............................................  \2\ 161.8125  
157.21875 \1\...........................................  \1\ 161.81875 
157.225.................................................     161.825    
157.23125 \1\...........................................  \1\ 161.83125 
157.2375 \2\............................................  \2\ 161.8375  
157.24375 \1\...........................................  \1\ 161.84375 
157.250.................................................     161.850    
157.25625 \1\...........................................  \1\ 161.85625 
157.2625 \2\............................................  \2\ 161.8625  
157.26875 \1\...........................................  \1\ 161.86875 
157.275.................................................     161.875    
157.28125 \1\...........................................  \1\ 161.88125 
157.2875 \2\............................................  \2\ 161.8875  
157.29375 \1\...........................................  \1\ 161.89375 
157.300.................................................     161.900    
157.30625 \1\...........................................  \1\ 161.90625 
157.3125 \2\............................................  \2\ 161.9125  
157.31875 \1\...........................................  \1\ 161.91875 
157.325.................................................     161.925    
157.33125 \1\...........................................  \1\ 161.93125 
157.3375 \2\............................................  \2\ 161.9375  
157.34375 \1\...........................................  \1\ 161.94375 
157.350.................................................     161.950    
157.35625 \1\...........................................  \1\ 161.95625 
157.3625 \2\............................................  \2\ 161.9625  
157.36875 \1\...........................................  \1\ 161.96875 
157.375.................................................     161.975    
157.38125 \1\...........................................  \1\ 161.98125 
157.3875 \2\............................................  \2\ 161.9875  
157.39375 \1\...........................................  \1\ 161.99375 
157.400.................................................     162.000    
------------------------------------------------------------------------
\1\ This frequency will be assigned with an authorized bandwidth not to 
  exceed 6 kHz.                                                         
\2\ This frequency will be assigned with an authorized bandwidth not to 
  exceed 11.25 kHz.                                                     

* * * * *
    (c) Station power, as measured at the output terminals of the 
transmitter, must not exceed 50 watts for base stations and 20 watts 
for mobile stations, except in accordance with the provisions of 
paragraph (g) of this section. Antenna height (HAAT) must not exceed 
122 meters (400 feet) for base stations and 4.5 meters (15 feet) for 
mobile stations, except in accordance with paragraph (g) of this 
section. Such base and mobile stations must not be operated on board 
aircraft in flight.
* * * * *
    (g) Applicants seeking to be licensed for stations exceeding the 
power/antenna height limits of the table in paragraph (d) of this 
section are required to secure a waiver and must submit with the 
application, an interference analysis, based upon any of the generally-
accepted terrain-based propagation models, that shows that co-channel 
protected entities, described in paragraph (d) of this section, would 
receive the same or greater interference protection than provided in 
the table.
    32. Section 90.311 is amended by revising the introductory text of 
paragraph (b) to read as follows.


Sec. 90.311  Frequencies.

* * * * *
    (b) Miami, FL, Dallas, TX, and Houston, TX urbanized areas. Only 
the first and last assignable frequencies are shown. Assignable 
frequencies will occur in increments of 6.25 kHz. Frequencies listed in 
paragraph (a)(3) of this section will only be assigned with a maximum 
authorized bandwidth of 6 kHz.
* * * * *
[FR Doc. 97-831 Filed 1-14-97; 8:45 am]
BILLING CODE 6712-01-P