[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Proposed Rules]
[Pages 58685-58692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28976]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 96-86; FCC 98-191]


The Development of Technical and Spectrum Requirements for 
Meeting Federal, State and Local Public Safety Agency Communication 
Requirements Through the Year 2010, Establishment of Rules and 
Requirements for Priority Access Service

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communications Commission (Commission) adopted a 
Third Notice of Proposed Rule Making (``Third Notice'') 
contemporaneously with a First Report and Order (``First Report'') that 
is summarized elsewhere in this edition of the Federal Register. By its 
Third Notice, the Commission makes a range of proposals and seeks 
comment relating to public safety communications in the 746-806 MHz 
band (``700 MHz band'') and in general. The Commission invites comment 
on how to license the 8.8 megahertz of 700 MHz band spectrum designated 
as reserved in the First Report and on whether to directly license each 
state or use a regional planning process to administer the nationwide 
interoperability frequencies (2.6 MHz of spectrum designated in the 
First Report) pursuant to the national interoperability plan to be 
established by the National

[[Page 58686]]

Coordination Committee. The Third Notice also discusses protection 
requirements for the Global Navigation Satellite Systems and offers 
proposals to facilitate use of nationwide interoperability in public 
safety bands below 512 MHz. Finally, because many of the automated and 
intelligent machines and systems on which public safety entities depend 
for their operations were not designed to take into account the date 
change that will occur on January 1, 2000, the Commission also seeks 
comment on how best to ascertain the extent, reach, and effectiveness 
of Year 2000 compliance initiatives that have been or are being 
undertaken by public safety entities, to better understand the nature 
of the Year 2000 problem and the potential risks posed to public safety 
communications networks.
    This action addresses an urgent need for additional public safety 
radio spectrum and the need for nationwide interoperability among 
local, state, and federal entities. By this action, the Commission also 
takes additional steps toward achieving its goals of developing a 
flexible regulatory framework to meet vital current and future public 
safety communications needs and ensuring that sufficient spectrum to 
accommodate efficient, effective telecommunications facilities and 
services will be available to satisfy public safety communications 
needs into the 21st century.

DATES: Comments are due on or before January 4, 1999, and reply 
comments are due on or before February 1, 1999. Written comments by the 
public on the proposed information collections are due January 4, 1999. 
Written comments on the proposed information collections must be 
submitted by the Office of Management and Budget (OMB) on or before 
January 4, 1999.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
Room 222, Washington, D.C. 20554. In addition to filing comments with 
the Secretary, a copy of any comments on the information collections 
contained herein should be submitted to Judy Boley, Federal 
Communications Commission, Room 234, 1919 M Street, N.W., Washington, 
DC 20554, or via the Internet to [email protected], and to Timothy Fain, 
OMB Desk Officer, 10236 NEOB, 725-17th Street, N.W., Washington, D.C. 
20503, or via the internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Peter Daronco or Michael Pollak, at 
the Public Safety & Private Wireless Division, (202) 418-0680. For 
additional information concerning the information collections contained 
in this Third Notice, contact Judy Boley at (202) 418-0214, or via the 
Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Notice in WT Docket No. 96-86, adopted on August 6, 1998, and released 
on September 29, 1998, contemporaneously with a First Report in WT 
Docket No. 96-86 (collectively FCC 98-191). The First Report is 
summarized elsewhere in this edition of the Federal Register. The full 
text of the First Report and Third Notice 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 of this 
decision may also be purchased from the Commission's duplicating 
contractor, International Transcription Services, 1231 20th Street, NW, 
Washington, DC 20036, 202-857-3800. Alternative formats (computer 
diskette, large print, audio cassette and Braille) are available to 
persons with disabilities by contacting Martha Contee at (202) 418-
0260, TTY (202) 418-2555, or at [email protected]. The complete (but 
unofficial) text is also available under the name ``fcc98191.wp'' on 
the Commission's Internet site at <http://www.fcc.gov/Bureaus/Wireless/
Orders/1998/index.html.

Paperwork Reduction Act

    The Federal Communications Commission, as part of its continuing 
effort to reduce paperwork burden invites the general public and other 
Federal agencies to take this opportunity to comment on the following 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not 
conduct or sponsor a collection of information unless it displays a 
currently valid control number. No person shall be subject to any 
penalty for failing to comply with a collection of information subject 
to the Paperwork Reduction Act (PRA) that does not display a valid 
control number. Comments are requested concerning (a) whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Commission, including whether the 
information shall have practical utility; (b) the accuracy of the 
Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; and (d) ways to 
minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology.
    OMB Approval Number: 3060-0262.
    Title: 90.179 Shared use of radio stations.
    Form No.: N/A.
    Type of Review: Revision of a previously approved collection.
    Respondents: Business or other for-profit, State and local 
governments.
    Number of Respondents: 41,000.
    Estimated Time Per Response: .75 hours per respondent.
    Total Annual Burden: 30,750 hours.
    Total Annual Cost: No annual cost burden on respondents from either 
capital or setup costs.
    Needs and Uses: The Third Notice in WT Docket No. 96-86 invites 
comment on how to license 8.8 megahertz of spectrum in the 700 MHz band 
that is allocated for public safety services. For example, comment is 
sought on whether to license 700 MHz band spectrum directly to each 
individual state; the Commission further invites comment on whether to 
revise Sec. 90.179 to allow state licensees to authorize approximately 
39,000 additional public safety agencies within the states and their 
political subdivisions to use the spectrum. We assume that the 
respondents would spend .75 hours to keep a written sharing agreement 
as part of the station records.

    OMB Approval Number: 3060-XXXX.
    Title: State Public Safety Regional Plans & Year 2000 Readiness.
    Form No.: N/A.
    Type of Review: New collection.
    Respondents: State and local governments.
    Number of Respondents: 100,050.
    Estimated Time Per Response: 6.49 hours per respondent.
    Total Annual Burden: 649,500 hours.
    Total Annual Cost: No annual cost burden on respondents from either 
capital or setup costs.
    Needs and Uses: The Third Notice in WT Docket No. 96-86 invites 
comments on how to license 8.8 megahertz of spectrum in the 700 MHz 
band that is allocated for public safety services. For example, comment 
is sought on whether to license 700 MHz band spectrum directly to each 
individual state and, if so, whether the state licensee should have to 
adhere to the same planning process as the Regional Planning 
Committees. We assume that the individual states would spend 10,270 
hours to complete its public safety communications plan. The Third 
Notice in WT Docket No. 96-86 also invites comments on possible 
alternative methods of obtaining the current state of

[[Page 58687]]

Y2K readiness and the progress and range of compliance initiatives that 
have been taken in the public safety community. We assume that the 
individual entities would spend 1 hour to file this information with 
the Commission.

Synopsis of the Third Notice of Proposed Rulemaking

    1. In accordance with the 1997 Budget Act, the Commission allocated 
24 megahertz of spectrum in the 700 MHz band for public safety 
services. By its First Report, the Commission designated 12.6 megahertz 
of this new spectrum for General Use, 2.6 megahertz of this new 
spectrum for nationwide interoperability. The remaining frequencies (a 
total of 8.8 megahertz of the new spectrum) were reserved and the Third 
Notice seeks comment on how to license this 8.8 megahertz of spectrum. 
Specifically, we request comment on whether some or all of the reserve 
spectrum should be licensed by means of the regional planning committee 
(RPC) process or directly to each state for deployment of statewide 
systems. The Third Notice also invites commenters to suggest other 
proposals for licensing of the 8.8 megahertz of spectrum.
    2. The Commission also seeks comment on whether the channels 
designated in the First Report for nationwide interoperability (2.6 
megahertz of the 700 MHz band subject to interoperability guidelines to 
be recommended by the NCC and approved by the Commission) should be 
licensed by means of the RPC process or licensed directly to each 
state.
    3. In response to the extensive public safety comments submitted in 
this record that additional interoperability spectrum is needed below 
512 MHz to fully address interoperability nationwide, we examine three 
additional possible interoperability solutions. The Commission proposes 
to designate five channels in each of the existing public safety bands 
at 150-174 MHz and 450-512 MHz for mutual aid purposes. We also seek 
further comment on the need for a separate interoperability band below 
512 MHz. Specifically, we seek comment on the feasibility of using the 
138-144 MHz band currently used by the U.S. Department of Defense and 
the Federal Emergency Management Agency as a separate interoperability 
band. See Petition of the National Public Safety Telecommunications 
Council for Further Rulemaking to Allocate Spectrum in the 138-144 MHz 
Band for Public Safety (April 9, 1998). The Commission also seeks 
comment on our proposed reallocation of two channel pairs in the VHF 
156-162 MHz band for interoperable channels of communication in 33 
Economic Areas (EAs), which are now available for assignment to public 
safety entities. These channel pairs were formerly allocated in 
Sec. 80.371 of the Commission's Rules for VHF Public Coast Stations as 
public correspondence channels and were also shared under Sec. 90.283.
    4. We also propose technical solutions and invite comments on how 
to protect certain global navigation satellite systems, particularly 
the Global Orbiting Navigation Satellite Systems (GLONASS) and Global 
Positioning System (GPS). GLONASS utilizes the Radionavigation-
Satellite Service (space-to-Earth) band of 1598-1605 MHz. We are 
concerned that second harmonic emissions from public safety equipment 
operating in the 794-806 MHz band (TV channels 68 and 69) may cause 
harmful interference to aeronautical users of GLONASS and GPS receivers 
and seek further comment to supplement the record on this matter.
    5. We also seek comment on how best to ascertain the extent, reach, 
and effectiveness of Year 2000 compliance initiatives that have been or 
are being undertaken by public safety entities, so that we can better 
understand the nature of the Year 2000 problem and the potential risks 
it poses to public safety communications networks.

Administrative Matters

    6. Pursuant to applicable procedures set forth in Secs. 1.415 and 
1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested 
parties may file comments on or before January 4, 1999, and reply 
comments are due on or before February 1, 1999. All relevant and timely 
comments will be considered by the Commission before final action is 
taken in this proceeding. Comments may be filed using the Commission's 
Electronic Filing System (ECFS) or by filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(May 1, 1998).
    7. To file formally in this proceeding, parties who choose to file 
by paper must file an original and four copies of each filing. If 
participants want each Commissioner to receive a personal copy of their 
comments, an original plus nine copies must be filed. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
commenters must submit two additional copies for each additional docket 
or rulemaking number. All filings must be sent to the Commission's 
Secretary, Magalie Roman Salas, Office of the Secretary, Federal 
Communications Commission, 1919 M St., N.W., Room 222, Washington, D.C. 
20554. Parties who choose to file by paper should also submit their 
comments on diskette to: Peter Daronco, Public Safety and Private 
Wireless Division, Wireless Telecommunications Bureau, Room 8332, 2025 
M Street, N.W., Washington, D.C. 20554. Such a submission should be on 
a 3.5 inch diskette formatted in an IBM compatible format using 
WordPerfect 5.1 for Windows or compatible software. The diskette should 
be accompanied by a cover letter and should be submitted in ``read 
only'' mode. The diskette should be clearly labelled with the 
commenter's name, proceeding (including the lead docket number in this 
case, WT Docket No. 96-86), type of pleading (comment or reply 
comment), date of submission, and the name of the electronic file on 
the diskette. The label should also include the following phrase ``Disk 
Copy--Not an Original.'' Each diskette should contain only one party's 
pleadings, preferably in a single electronic file. In addition, 
commenters must send diskette copies to the Commission's copy 
contractor, International Transcription Services, Inc., 1231 20th 
Street, N.W., Washington, D.C. 20037.
    8. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to<http://www.fcc.gov/e-file/ecfs.html>. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the comments to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send an e-mail to [email protected], and 
should include the following words in the body of the message, ``get 
form .'' A sample form and directions will be sent 
in reply.
    9. Comments and reply comments will be available for public 
inspection during regular business hours in the FCC Reference Center 
(Room 239), 1919 M Street, N.W., Washington, D.C. 20554. Copies of 
comments and reply comments are available through the Commission's 
duplicating contractor: International Transcription Services,

[[Page 58688]]

Inc. (ITS, Inc.), 1231 20th Street, N.W., Washington, D.C. 20036 (202) 
857-3800.
    10. The Third Notice in WT Docket No. 96-86 also contained an 
Initial Regulatory Flexibility Act Analysis pursuant to the Regulatory 
Flexibility Act, 5 U.S.C. Sec. 603. It is substantially as follows:
    As required by the Regulatory Flexibility Act (RFA), the Commission 
has prepared this present Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities by 
the policies and rules proposed in the present Third Notice of Proposed 
Rule Making (Third Notice). See 5 U.S.C. Sec. 603. The RFA, 5 U.S.C. 
Sec. 601 et seq., has been amended by the Contract With America 
Advancement Act of 1996, Public Law 104-121, 110 Stat. 847 (1996) 
(CWAAA). Title II of the CWAAA is the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA). Written public comments are 
requested on this IRFA. Comments must be identified as responses to the 
IRFA and must be filed by the deadlines for comments on the Third 
Notice as provided above in the Procedural Matters section of this 
First Report and Order and Third Notice of Proposed Rule Making. The 
Commission will send a copy of the Third Notice, including this IRFA, 
to the Chief Counsel for Advocacy of the Small Business Administration. 
See 5 U.S.C. Sec. 603(a).

Paperwork Reduction Analysis

    In addition, comments on information collections contained in the 
Third Notice of Proposed Rule Making should be filed with Judy Boley, 
Federal Communications Commission, Room 234, 1919 M Street, N.W., 
Washington, D.C. 20554, or via the Internet to [email protected]. 
Furthermore, a copy of any such comments should be submitted to Timothy 
Fain, OMB Desk Officer, 10236 NEOB, 725 17th Street, N.W., Washington, 
D.C. 20503 or via the Internet at [email protected]. For additional 
information regarding the information collections contained herein, 
contact Judy Boley.

Ex Parte Presentations

    This Third Notice is a permit-but-disclose notice and comment rule 
making proceeding. Ex parte presentations are permitted, provided they 
are disclosed as provided in Commission rules. See generally 
Secs. 1.1202, 1.1203, and 1.1206(a) of the Commission's Rules, 47 CFR 
1.1202, 1.1203, 1.1206(a).

Need for, and Objectives of, the Proposed Rules

    In the Third Notice herein, we are continuing our evaluation of 
rules applicable to existing public safety spectrum allocations as well 
as those in the 700 MHz band. We seek comment on whether we should 
license a portion of the 700 MHz band to the regional planning 
committees, directly to each state or in some other manner. In 
addition, we propose technical criteria to protect satellite-based 
global navigation systems from interference. We also seek comment on 
proposals to promote interoperability on public safety channels below 
512 MHz. Additionally, we seek comments related to the Year 2000 
computer date change problem.

Legal Basis

    The proposed action is authorized under Sections 4(i), 302, 303(f) 
and (r), 332, and 337 of the Communications Act of 1934, as amended, 47 
U.S.C. Secs. 154(i), 302, 303(f) and (r), 332, 337.

Description and Estimate of the Number of Small Entities To Which 
the Proposed Rules Will Apply

    This IRFA may affect the same entities described in detail in the 
FRFA for the First Report. We hereby incorporate that analysis into 
this section.
    Public Safety Radio Pool Licensees. As a general matter, Public 
Safety Radio Pool licensees include police, fire, local government, 
forestry conservation, highway maintenance, and emergency medical 
services. Spectrum in the 700 MHz band for public safety services is 
governed by 47 U.S.C. Sec. 337. Non-Federal governmental entities as 
well as private businesses are licensees for these services. As 
indicated supra in para. 5 of the FRFA, all governmental entities with 
populations of less than 50,000 fall within the definition of a small 
entity. See 5 U.S.C. Sec. 601(5). In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act. See 5 U.S.C. Sec. 601(3). A small 
business concern is one which: (1) is independently owned and operated; 
(2) is not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA). Small Business Act, 15 U.S.C. Sec. 632 (1996). A small 
organization is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 5 
U.S.C. Sec. 601(4). Nationwide, as of 1992, there were approximately 
275,801 small organizations. 1992 Economic Census, U.S. Bureau of the 
Census, Table 6 (special tabulation of data under contract to Office of 
Advocacy of the U.S. Small Business Administration). ``Small 
governmental jurisdiction'' generally means ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than 50,000.'' 5 U.S.C. 
Sec. 601(5). As of 1992, there were approximately 85,006 such 
jurisdictions in the United States. See U.S. Dept. of Commerce, Bureau 
of the Census, ``1992 Census of Governments.'' This number includes 
38,978 counties, cities, and towns; of these, 37,566, or 96 percent, 
have populations of fewer than 50,000. The Census Bureau estimates that 
this ratio is approximately accurate for all governmental entities. 
Thus, of the 85,006 governmental entities, we estimate that 81,600 (91 
percent) are small entities. Below, we further describe and estimate 
the number of small entity licensees and regulatees that may be 
affected by the proposed rules, if adopted.
    Radio and Television Equipment Manufacturers. We anticipate that at 
least six radio equipment manufacturers will be affected by our 
decisions in this proceeding. According to the SBA's regulations, a 
radio and television broadcasting and communications equipment 
manufacturer must have 750 or fewer employees in order to qualify as a 
small business concern. See 13 CFR 121.201, (SIC) Code 3663. Census 
Bureau data indicate that there are 858 U.S. firms that manufacture 
radio and television broadcasting and communications equipment, and 
that 778 of these firms have fewer than 750 employees and would 
therefore be classified as small entities. See U.S. Dept. of Commerce, 
1992 Census of Transportation, Communications and Utilities (issued May 
1995), SIC category 3663. We do not have information that indicates how 
many of the six radio equipment manufacturers associated with this 
proceeding are among these 778 firms. However, Motorola and Ericsson 
are major, nationwide radio equipment manufacturers, and, thus, we 
conclude that these manufacturers would not qualify as small 
businesses.

Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    The Third Notice proposes a number of rules that will entail 
reporting, recordkeeping, and/or third party consultation. However, the 
Commission believes that these requirements are the minimum needed. The 
Third Notice asks for comment on alternative

[[Page 58689]]

licensing methods for certain portions of the 700 MHz band. The 
licensing methods under consideration in the Notice include the 
possibility of imposing recordkeeping and reporting requirements on 
applicants for public safety licenses who may be required to make 
submissions to planning committees justifying their requests for 
spectrum. These entities will be required to submit applications for 
spectrum licenses on Form 601.

Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    We have reduced economic burdens wherever possible. This item seeks 
comment on whether we should license a portion of the 700 MHz band to 
the regional planning committees, directly to each state or in some 
other manner to meet public safety needs, and contains proposals to 
promote interoperability on public safety channels below 512 MHz. This 
approach will allow the public safety community to help determine 
better efficiencies for all licensees subject to the new service rules, 
which if adopted, will provide technically advanced communications 
capabilities, including small entities that are often unable to fund 
the required infrastructure to support these modern systems.
    Recognizing the budgetary constraints that public safety entities 
face as a matter of course, the PSWAC Steering Committee's findings and 
recommendations included the following: (1) more sharing and joint use 
should be encouraged; (2) broad based efforts, such as projects on the 
state and regional level, to coordinate and consolidate operations are 
critical to articulating and meeting the needs of public safety with 
cost effective, spectrally efficient radio systems; (3) more flexible 
licensing policies are needed to encourage the use of the most 
spectrally-efficient technology to meet user defined needs; and (4) the 
Commission should consider block allocations for public safety use.
    The PSWAC Interoperabilty Subcommittee noted that shared systems, 
i.e., large trunked systems which provide service to many governmental 
entities in a specific geographical area, offer a high greater spectrum 
efficiency than many smaller non-trunked systems or systems trunked on 
fewer channels. Shared systems also offer a high level of built-in 
interoperability. The most significant difficulty in establishing these 
types of shared systems, according to the PSWAC Final Report, is 
probably that they require individual agencies to surrender some 
autonomy in return for the efficiencies and better coverage of the 
larger system. In addition, the funding required to develop the 
infrastructure necessary to support some of the newer technologies is 
often too great to permit small public safety agencies to participate 
in new, sophisticated, spectrum efficient wireless radio systems. These 
same agencies, however, might be able to participate in a county-wide 
or state-wide system. The use of shared systems in the public safety 
community has also been hindered by the current licensing process, 
according to the PSWAC Final Report. In fact, the Commission has long 
encouraged public safety agencies to develop wide-area multi-agency 
trunked public safety radio systems. Area-wide licenses often encourage 
the rapid development and deployment of innovative service, facilitate 
interoperability and operational standards while allowing economies of 
scale that encourage the development of low cost equipment. See, e.g., 
Amendment of the Commission's Rules to Establish Part 27, the Wireless 
Communications Service, GN Docket No. 96-228, Report and Order, 12 FCC 
Rcd 10785, 10814 (1997).
    With these considerations in mind, the Third Notice seeks comment 
on whether to license a portion of the 700 MHz band to the regional 
planning committees, directly to each state or in some other manner to 
meet public safety needs.
    To minimize any negative impact resulting from the implementation 
of licensing, we have offered the option of utilizing the existing 
infrastructure of the Public Safety Regions. The regulatory burdens we 
have retained, such as filing applications on appropriate forms, are 
necessary in order to ensure that the public receives the benefits of 
innovative new services in a prompt and efficient manner.

Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

Ordering Clauses

    11. Authority for issuance of this First Report and Order and Third 
Notice of Proposed Rule Making is contained in Sections 4(i), 302, 
303(f) and (r), 332, and 337 of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 302, 303(f) and (r), 332, 337.
    12. It is further ordered that the Wireless Telecommunications 
Bureau shall take all necessary steps, pursuant to the Federal Advisory 
Committee Act, 5 U.S.C., App., to establish a Public Safety National 
Coordination Committee, and charge the Committee with the duty, among 
others to be set forth in the Committee Charter, with recommending a 
national interoperability operational plan for review and approval by 
the Commission as well as the technical standards in accordance with 
American National Standards Institute process to apply to all public 
safety interoperability channel equipment.
    13. Notice is hereby given and comment is sought on the proposed 
regulatory changes described in the Third Notice of Proposed Rule 
Making.
    14. It is further ordered that the Commission's Office of Public 
Affairs, Reference Operations Division, shall send a copy of this First 
Report and Order and Third Notice of Proposed Rule Making, including 
the Final and Initial Regulatory Flexibility Analyses, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 90 as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

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

    Authority: Secs. 4, 251-2, 303, 309, 332 and 337, 48 Stat 1066, 
1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 337, unless 
otherwise noted.

    2. Section 90.1 is amended by revising paragraph (b), to read as 
follows:


Sec. 90.1  Basis and purpose.

* * * * *
    (b) Purpose. This part states the conditions under which radio 
communications systems may be licensed and used in the Public Safety, 
Special Emergency, Industrial, Land Transportation and Radiolocation 
Services. These rules do not govern the licensing of radio systems 
belonging to and operated by the United States.
    3. Section 90.20 is amended by adding ``78'' to the ``Limitations'' 
column for nine of the existing entries in the table in paragraph 
(c)(3), by adding a new paragraph (d)(78), and by adding a new 
paragraph (g) to read as follows:


Sec. 90.20  Public Safety Pool.

* * * * *

[[Page 58690]]

    (c) * * *
    (3) * * *

                                       Public Safety Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
          Frequency or band               Class of station(s)           Limitations              Coordinator
----------------------------------------------------------------------------------------------------------------
*                  *                  *                  *                  *                  *
                                                        *
151.1375.............................  Base or mobile..........  27, 28, 78...............  PH.
*                  *                  *                  *                  *                  *
                                                        *
154.4525.............................  Base or mobile..........  27, 28, 78...............  PF.
*                  *                  *                  *                  *                  *
                                                        *
155.7525.............................  Base or mobile..........  27, 78...................  PX.
*                  *                  *                  *                  *                  *
                                                        *
158.7375.............................  Base or mobile..........  27, 78...................  PP.
*                  *                  *                  *                  *                  *
                                                        *
159.4725.............................  Base or mobile..........  27, 78...................  PO.
*                  *                  *                  *                  *                  *
                                                        *
453.20625............................  Base or mobile..........  44, 78...................  PX.
*                  *                  *                  *                  *                  *
                                                        *
453.99375............................  Base or mobile..........  44, 78...................  PX.
*                  *                  *                  *                  *                  *
                                                        *
458.20625............................  Mobile..................  44, 78...................  PX.
*                  *                  *                  *                  *                  *
                                                        *
458.99375............................  Mobile..................  44, 78...................  PX.
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

    (d) * *  *
    (78) These channels are designated for interoperability-only use.
* * * * *
    (g) VPC interoperability frequencies.--(1) Working channels in the 
VHF 156-162 MHz band. The channel pairs listed in the tables below were 
formerly allocated in Sec. 80.371 of this chapter for VHF Public Coast 
Stations as public correspondence channels numbered 25, 84, and 85 and 
were also shared under former Sec. 90.283 by Industrial and Land 
Transportation Radio Service (I/LT) stations and grandfathered public 
safety stations. The 25 kHz channel pairs are available exclusively for 
assignment to public safety entities for interoperable channels of 
communication only in the Economic Areas (EAs) as shown in Table A.
    (2) Service areas in the marine VHF 156-162 MHz band are VHF Public 
Coast areas (VPCs). As listed in Table A of this paragraph, these areas 
are based on, and composed of one or more of, the U.S Department of 
Commerce's 172 Economic Areas (EAs). See 60 FR 13114 (March 10, 1995). 
Maps of the EAs and VPCs are available for public inspection and 
copying at the Public Safety and Private Wireless Division, room 8010, 
2025 M Street, NW, Washington, DC.

        Table A.--List of Channels Available by Public Coast Area
                     [VHF Public Coast Areas (VPCs)]
------------------------------------------------------------------------
            VPCs                       EAs              Channel pairs
------------------------------------------------------------------------
  1. (Northern Atlantic)....  1-5, 10.............  None.
  2. (Mid-Atlantic).........  9, 11-23, 25, 42, 46  None.
  3. (Southern Atlantic)....  24, 26-34, 37, 38,    None.
                               40, 41, 174.
  4. (Mississippi River)....  34, 36, 39, 43-45,    None.
                               47-53, 67-107, 113,
                               116-120, 122-125,
                               127, 130-134, 176.
  5. (Great Lakes)..........  6-8, 54-66, 108, 109  None.
  6. (Southern Pacific).....  160-165.............  None.
  7. (Northern Pacific).....  147, 166-170........  None.
  8. (Hawaii)...............  172, 173, 175.......  None.
  9. (Alaska)...............  171.................  None.
10. (Grand Forks)...........  110.................  25, 84.
11. (Minot).................  111.................  25, 84.
12. (Bismarck)..............  112.................  25, 84.
13. (Aberdeen)..............  114.................  25, 84.
14. (Rapid City)............  115.................  25, 84.
15. (North Platte)..........  121.................  25, 84.
16. (Western Oklahoma)......  126.................  25, 85.
17. (Abilene)...............  128.................  25, 85.

[[Page 58691]]

18. (San Angelo)............  129.................  25, 85.
19. (Odessa-Midland)........  135.................  25, 85.
20. (Hobbs).................  136.................  25, 85.
21. (Lubbock)...............  137.................  25, 85.
22. (Amarillo)..............  138.................  25, 85.
23. (Santa Fe)..............  139.................  25, 84.
24. (Pueblo)................  140.................  25, 84.
25. (Denver-Boulder-Greeley)  141.................  25, 84.
26. (Scottsbluff)...........  142.................  25, 84.
27. (Casper)................  143.................  25, 84.
28. (Billings)..............  144.................  25, 84.
29. (Great Falls)...........  145.................  25, 84.
30. (Missoula)..............  146.................  25, 84.
31. (Idaho Falls)...........  148.................  25, 85.
32. (Twin Falls)............  149.................  25, 85.
33. (Boise City)............  150.................  25, 84.
34. (Reno)..................  151.................  25, 84.
35. (Salt Lake City-Ogden)..  152.................  25, 85.
36. (Las Vegas).............  153.................  25, 84.
37. (Flagstaff).............  154.................  25, 84.
38. (Farmington)............  155.................  25, 84.
39. (Albuquerque)...........  156.................  25, 84.
40. (El Paso)...............  157.................  25, 85.
41. (Phoenix-Mesa)..........  158.................  25, 84.
42. (Tucson)................  159.................  25, 84.
------------------------------------------------------------------------


  Table B.--List of Channel Center Frequencies by Corresponding Channel
                                 Number
------------------------------------------------------------------------
                                           Base station   Mobile station
                                             transmit        transmit
               Channel No.                    center          center
                                           frequency in    frequency in
                                                MHz             MHz
------------------------------------------------------------------------
25......................................         161.850         157.250
84......................................         161.825         157.225
85......................................         161.875         157.275
------------------------------------------------------------------------

    (3) Public safety eligible applicants shall apply for these channel 
pairs only for the purpose of interoperability using the following 
standards and procedures:
    (i) All applicants must comply with the relevant technical sections 
under this part unless otherwise stated in this section and provide 
evidence of frequency coordination in accordance with Sec. 90.175.
    (ii) 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 (vi) 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 (vi) of this 
section. Such base and mobile channels shall not be operated on board 
aircraft in flight.
    (iii) Frequency protection must be provided to other stations in 
accordance with the following guidelines for each channel and for each 
area and adjacent area:
    (A) Protect coast stations licensed prior to July 6, 1998, by the 
required separations shown in Table C.
    (B) Protect I/LT stations by frequency coordination in accordance 
with Sec. 90.175 of this part.
    (C) Protect other public safety stations by frequency coordination 
and by agreement with the other public safety stations.
    (D) Where the Public Safety designated channel is not a Public 
Safety designated channel in an adjacent EA: Applicants shall engineer 
base stations such that the maximum signal strength at the boundary of 
the adjacent EA does not exceed 5 dBV/m.
    (iv) The following table, along with the antenna height (HAAT) and 
power (ERP), must be used to determine the minimum separation required 
between proposed base stations and co-channel public coast stations 
licensed prior to July 6, 1998, under part 80 of this chapter. 
Applicants whose exact ERP or HAAT are not reflected in the table must 
use the next highest figure shown.

         Table C.--Required Separation in Kilometers (Miles) of Base Station From Public Coast Stations
----------------------------------------------------------------------------------------------------------------
                                          Base Station Characteristics
-----------------------------------------------------------------------------------------------------------------
              HAAT                                                  ERP (watts)
----------------------------------------------------------------------------------------------------------------
          Meters (feet)                 400             300             200             100             50
----------------------------------------------------------------------------------------------------------------
15 (50).........................        138 (86)        135 (84)        129 (80)        129 (80)        116 (72)

[[Page 58692]]

30 (100)........................        154 (96)        151 (94)        145 (90)        137 (85)        130 (81)
61 (200)........................       166 (103)       167 (104)       161 (100)        153 (95)        145 (90)
122 (400).......................       187 (116)       177 (110)       183 (114)       169 (105)        159 (99)
----------------------------------------------------------------------------------------------------------------

    (v) In the event of interference, the Commission may require, 
without a hearing, licensees of base stations authorized under this 
section that are located within 241 kilometers (150 miles) of a co-
channel public coast, I/LT, or grandfathered public safety station 
licensed prior to July 6, 1998, or an international border, to reduce 
power, decrease antenna height, and/or install directional antennas. 
Mobile stations must be operated only within radio range of their 
associated base station.
    (vi) Applicants seeking to be licensed for stations exceeding the 
power/antenna height limits of the table in paragraph (iv) of this 
section must request a waiver of that paragraph and must submit with 
their application an interference analysis, based upon an appropriate, 
generally-accepted terrain-based propagation model, that shows that co-
channel protected entities, described in paragraph (iii) of this 
section, would receive the same or greater interference protection than 
the relevant criteria outlined in paragraph (iii) of this section.
    4. Section 90.179 is amended by revising paragraph (a) to read as 
follows:


Sec. 90.179  Shared use of radio stations.

* * * * *
    (a) Persons may share a radio station only on frequencies for which 
they would be eligible for a separate authorization. Licensees under 
Subpart R may share the use of their systems with any entity that would 
be eligible for licensing under Sec. 90.523 and Federal government 
entities.
* * * * *
    5. A new section 90.553 is added to read as follows:


Sec. 90.553  GNSS protection.

    In order to provide adequate protection to receivers of the Global 
Navigation Satellite System (GNSS) which will utilize the 
Radionavigation-Satellite Service (space-to-Earth) band, mobile units 
must meet a minimum second harmonic suppression standard in the 
frequency range of 1559-1605 MHz of 90 dB down from the maximum 
effective radiated power of the carrier and handhelds and portable 
units must meet a minimum second harmonic suppression standard in the 
frequency range of 1559-1605 MHz of 80 dB down from the maximum 
effective radiated power of the carrier. This standard applies only to 
equipment operating in the frequency range of 779.5-802.5 MHz.

[FR Doc. 98-28976 Filed 10-30-98; 8:45 am]
BILLING CODE 6712-01-P