[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Rules and Regulations]
[Page 18536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9797]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PR Docket No. 92-235, DA 97-592]


Efficiency of Private Land Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for clarification.

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

SUMMARY: On February 14, 1997, Motorola filed a petition seeking 
clarification of the Commission's decision in the Memorandum Opinion 
and Order in PR Docket 92-235, FCC 96-492 (released Dec. 30, 1996) 
(Refarming MO&O). Specifically, Motorola notes that the Refarming MO&O 
allows frequency coordinators to recommend frequencies inconsistent 
with the adopted band plan, provided that such a system will not cause 
harmful interference to any existing system. This action seeks public 
comment on Motorola's petition.

DATES: Comments are due May 2, 1997; reply comments are due May 12, 
1997.

ADDRESSES: All comments should be filed with the Office of Secretary, 
Federal Communications Commission, 1919 M Street, N.W., Room 222, 
Washington, DC 20554. A copy of each filing should be sent to 
International Transcription Service, Inc. (ITS), 2100 M Street, N.W., 
Suite 140, Washington, D.C. 20037, (202) 857-3800 and Ira Keltz, 
Federal Communications Commission, Wireless Telecommunications Bureau, 
Private Wireless Division, 2025 M Street, N.W., Room 8119, Washington, 
D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Ira Keltz of the Wireless 
Telecommunications Bureau at (202) 418-0616 or via E-Mail to 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice released April 10, 1997.
    1. On February 14, 1997, Motorola filed a petition seeking 
clarification of the Commission's decision in the Memorandum Opinion 
and Order in PR Docket 92-235, FCC 96-492 (released Dec. 30, 1996) 
(Refarming MO&O) (62 FR 2027, January 15, 1997). Specifically, Motorola 
notes that the Refarming MO&O allows frequency coordinators to 
recommend frequencies inconsistent with the adopted band plan, provided 
that such a system will not cause harmful interference to any existing 
system. For example, a frequency coordinator could recommend approval 
of applications for 5 kHz channels within a user's existing 25 kHz 
assignment, even though such applications would be inconsistent with 
the channel plan adopted in this proceeding (which calls for 6.25/7.5 
kHz channel spacing). This policy was designed to increase the 
efficient use of the spectrum.\1\
---------------------------------------------------------------------------

    \1\ Replacement of Part 90 by Part 88 to Revise the Private Land 
Mobile Radio Services and Modify the Policies Governing Them and 
Examination of Exclusivity and Frequency Assignment Policies of the 
Private Land Mobile Radio Services and Amendment of the Commission's 
Rules Concerning Maritime Communications, PR Docket Nos. 92-235 and 
92-257, Memorandum Opinion and Order, 11 FCC Rcd 17676 (1996) at 
para. 11.
---------------------------------------------------------------------------

    2. Although supportive of this policy, Motorola notes that 
implementing this flexibility for ``any technology'' may be constrained 
by other Commission regulations. For example, Motorola observes that a 
user who seeks to double the capacity of its system by implementing two 
12.5 kHz channels within its existing 25 kHz assignment would have to 
use the channel centers that are 6.25 kHz removed from its existing 
channel center. This type of operation, however, is prohibited because 
these channels are restricted to emissions of 6.0 kHz or less. Motorola 
asks that the Commission clarify its policy to allow the described 
operation, thereby achieving a consistent policy of technological 
neutrality and encouraging migration from existing equipment to more 
efficient technologies.
    3. The full text of the petition, comments, and reply comments are 
available for inspection and duplication during regular business hours 
in the Private Wireless Division of the Wireless Telecommunications 
Bureau, Federal Communications Commission, 2025 M Street, N.W., Room 
8010, Washington, D.C. 20554. Copies may also be obtained from 
International Transcription Service, Inc. (ITS), 2100 M Street, N.W., 
Suite 140, Washington, D.C. 20037, (202) 857-3800.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-9797 Filed 4-15-97; 8:45 am]
BILLING CODE 6712-01-P