[Federal Register Volume 64, Number 42 (Thursday, March 4, 1999)]
[Rules and Regulations]
[Pages 10395-10397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5216]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 97-153, RM-8584, RM-8623, RM-8680, RM-8734; FCC 99-9]
Private Land Mobile Radio Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission has released this document that adopts several
amendments to the Private Land Mobile Radio Services rules. This
document was prepared in response to the Commission's Notice of
Proposed Rulemaking in this proceeding regarding eliminating certain
frequency coordination requirements in the Business Radio Service, the
transmission of safety alerting signals on Radiolocation Service
frequencies, and modifying construction and loading requirements for
private, non-Specialized Mobile Radio systems operating in the 800 and
900 MHz bands. The adopted rules will reduce the regulatory burden on
licensees, and will promote more efficient and flexible use of the
private land mobile radio frequency spectrum.
DATES: Effective April 5, 1999.
FOR FURTHER INFORMATION CONTACT: Gene Thomson, Policy and Rules Branch,
Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau, (202) 418-0680.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, WT Docket No. 97-153, FCC 99-9, adopted January 28, 1999,
and released February 19, 1999. The full text of this Report and Order
is available for inspection and copying during normal business hours in
the FCC Reference Center, Room 246, 1919 M Street N.W., Washington,
D.C. The complete text may be purchased from the Commission's copy
contractor, ITS, Inc., 1231 20th St. N.W., Washington, D.C. 20036,
telephone (202) 857-3800. The complete (but unofficial) text is also
available on the Commission's Internet site at <http://www.fcc.gov/
Bureaus/Wireless/Notices/1999/index.html> under the file name
``fcc999txt'' in ASCII text and ``fcc999.wp'' in Word Perfect format.
Synopsis of the Report and Order
1. The Commission has released a Report and Order that adopts
several amendments to part 90 of the rules concerning the Private Land
Mobile Radio Services. These amendments were proposed in a Notice of
Proposed Rulemaking contained in 62 FR 46468 (September 3, 1997). The
rule changes include: (1) the elimination of frequency coordination
requirements for five low-power frequencies in the Industrial/Business
Pool; (2) permitting the transmission of alerting signals for a safety
warning system operating at 24.10 GHz in the Radiolocation Service; and
(3) extending the construction period requirement for private, non-
Specialized Mobile Radio systems operating in the 800 and 900 MHz bands
from eight months to twelve months.
Administrative Matters
Final Regulatory Flexibility Analysis
2. As required by the Regulatory Flexibility Act (``RFA''), the
Commission has prepared this present Final Regulatory Flexibility
Analysis (``FRFA'') which conforms to the RFA.
A. Need for, and Objectives of, the Adopted Rules
3. To reduce regulatory requirements, the Commission has adopted
rules to: (1) amend part 90 of its rules to increase the construction
period applicable to non-Specialized Mobile Radio, 800 and 900 MHz land
mobile radio systems from eight months to one year; (2) delete the
frequency coordination requirement before a station can be licensed for
mobile operation on five low power frequencies in the 150-174 MHz band;
and (3) permit the use of frequencies in the Radiolocation Service
24.05-24.25 GHz band for the transmission of alerting signals to warn
motorists of hazardous driving conditions. These rule changes will
permit licensees more time to construct their systems, and will promote
more flexible use of land mobile spectrum. We believe these changes
will encourage growth of land mobile systems and enhance
telecommunications offerings for consumers, producers and new entrants.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
4. No comments were submitted specifically in response to the
Initial Regulatory Flexibility Analysis. We expect, however, that our
actions will benefit all entities subject to these rule changes,
including small businesses.
C. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply
5. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by
[[Page 10396]]
the proposed rules, if adopted. The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. 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).
6. The adopted rules apply to businesses and local government
entities that operate radio systems for their own internal use in the
PLMR services. PLMR systems 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 businesses specifically applicable to
PLMR users. Therefore, for the purpose of determining whether a
licensee is a small business as defined by the Small Business
Administration (SBA), each licensee would need to be evaluated within
its own business area. Therefore, the appropriate definition for PLMRS
small businesses is SBA's definition for radiotelephone (wireless)
companies. That definition provides that a small entity is a
radiotelephone company employing no more than 1,500 persons.
7. We sought comment on the number of small businesses which could
be impacted by the proposed rules. We noted that the Commission's 1994
Annual Report indicates that at the end of fiscal year 1994 there were
approximately 292,000 PLMR stations and 5.4 million transmitters
operating in the 800, 900 MHz and 24 GHz bands. Further, because any
entity engaged in a business activity is eligible to hold a PLMR
license, the adopted rules could potentially impact every small
business in the U.S. There are far fewer than 292,000 licensees among
the 292,000 PLMR stations. We do not have data specifying the number of
these licensees that have 1,500 employees or fewer and are not dominant
in their field of operation, and thus are unable at this time to
estimate with greater precision the number of such entities that might
qualify as small business concerns under the SBA's definition. In
reality, however, the number of small businesses affected by the change
in the construction period rule and the elimination of the frequency
coordination requirement for five VHF low power frequencies, is
expected to be very small.
8. As noted, the RFA also includes small governmental entities as a
part of the regulatory flexibility analysis. The definition of a small
governmental entity is one with a population of less than 50,000. There
are 85,006 governmental entities in the nation. This number includes
such entities as states, counties, cities, utility districts, and
school districts. There are no figures available on what portion of
this number has populations of fewer than 50,000. However, this number
includes 38,978 counties, cities, and towns, and of those, 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 96 percent, or 81,600 are small entities that may be
affected by our adopted rule to permit public safety licensees (local
government entities) to use the frequency 24.10 GHz for transmitting
traffic safety alerting signals. The decision whether or not to use
this frequency would be made by each local governmental agency.
D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
9. The extension of the construction period from 8 to 12 months for
800 and 900 MHz non-Specialized Mobile Radio licensees will ease the
regulatory burden on these licensees. The deletion of the frequency
coordination requirement for certain frequencies in the 150-174 MHz
band will eliminate the frequency coordination fees that applicants
were required to pay before receiving a license from the Commission. No
new requirements would be imposed as a result of the actions adopted in
this rule making proceeding. Thus, costs to certain applicants for the
preparation and filing of license applications would be reduced.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
10. In the IRFA, we indicated that an alternative to our proposed
rule to extend the construction period from 8 months to 12 months for
800 and 900 MHz non-SMR licensees would be to permit a longer than 12
month construction period for small entities. We requested comments on
whether a longer construction period is necessary for small entities or
whether the current waiver process is sufficient. No comments were
submitted in response to our request. No commenters raised any
alternatives to any of our proposals. We believe that changing from an
eight month to a twelve month construction period will ease the
regulatory burden on small businesses by reducing the need for small
business to request extensions of the construction period.
Report to Congress: The Commission will send a copy of this Report
and Order, WT Docket No. 97-153, including this FRFA, in a report to be
sent to Congress pursuant to the Small Business Regulatory Enforcement
Fairness Act, see 5 U.S.C. 801(a)(1)(A). In addition, the Commission
will send a copy of the Report and Order, WT Docket No. 97-153,
including the FRFA, to the Chief Counsel for Advocacy of the Small
Business Administration. A summary of the Report and Order, WT Docket
No. 97-153, including the FRFA, will also be published in the Federal
Register.
Ordering Clauses
11. Accordingly, it is ordered that, pursuant to the authority of
Sections 4(i), 303(r), and 332(a)(2) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 303(r), and 332(a)(2), part 90 of the
Commission's Rules, 47 CFR part 90 is amended as set forth in the
attached Rule Changes.
12. It is further ordered that the rule changes adopted herein will
become effective April 5, 1999.
13. It is further ordered that the Commission's Office of Public
Affairs, Reference Operations Division, shall send a copy of this
Report and Order, WT Docket No. 97-153, including the Final Regulatory
Flexibility Analysis, 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.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 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: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as
amended: 47 U.S.C. 154, 303, and 332, unless otherwise noted.
[[Page 10397]]
2. Section 90.20 is amended by revising paragraph (f)(4) to read as
follows:
Sec. 90.20 Public Safety Pool.
* * * * *
(f) * * *
(4) A licensee of a radio station in this service may operate radio
units for the purpose of determining distance, direction, speed, or
position by means of a radiolocation device on any frequency available
for radiolocation purposes without additional authorization from the
Commission, provided type accepted equipment or equipment authorized
pursuant to Secs. 90.203(b)(4) and (b)(5) of this part is used, and all
other rule provisions are satisfied. A licensee in this service may
also operate, subject to all of the foregoing conditions and on a
secondary basis, radio units at fixed locations and in emergency
vehicles that transmit on the frequency 24.10 GHz, both unmodulated
continuous wave radio signals and modulated FM digital signals for the
purpose of alerting motorists to hazardous driving conditions or the
presence of an emergency vehicle. Unattended and continuous operation
of such transmitters will be permitted.
3. Section 90.35 is amended by adding paragraph (d)(7) to read as
follows:
Sec. 90.35 Industrial/Business Pool.
* * * * *
(d) * * *
(7) A railroad licensee, i.e., a licensee eligible for frequencies
listed in Sec. 90.35(b)(3) of this section that are coordinated by the
railroad coordinator (LR), may operate radio units at fixed locations
and in moving railroad locomotives/cars that transmit on the frequency
24.10 GHz, both unmodulated continuous wave radio signals and modulated
FM digital signals for the purpose of alerting motorists to the
presence of an approaching train. Unattended and continuous operation
of such transmitters will be permitted without additional authorization
from the Commission, provided type accepted equipment or equipment
authorized pursuant to Secs. 90.203(b)(4) and (b)(5) of this part is
used, and all other rule provisions are satisfied.
4. Section 90.103 is amended by revising paragraph (c)(22) to read
as follows:
Sec. 90.103 Radiolocation Service.
* * * * *
(c) * * *
(22) For frequencies 2455 MHz, 10,525 MHz, and 24,125 MHz, only
unmodulated, continuous wave (NON) emission shall be employed. The
frequency 24.10 GHz, and frequencies in the 24.20-24.25 GHz band may
use NON emission along with an ancillary FM digital emission. The
frequency 24.10 GHz will be used for the purpose of alerting motorists
of hazardous driving conditions and the presence of emergency vehicles.
Equipment operating on 24.10 GHz must keep the deviation of the FM
digital signal within 5 MHz. Equipment operating on this
frequency must have a frequency stability of at least 2000 ppm and is
exempt from the requirements of Secs. 90.403(c), 90.403(f), and 90.429
of this part.
* * * * *
5. Section 90.175 is amended by revising paragraph (i)(5) to read
as follows:
Sec. 90.175 Frequency coordination requirements.
* * * * *
(i) * * *
(5) Applications in the Industrial/Business Pool requesting a
frequency designated for itinerant operations, and applications
requesting operation on 154.570 MHz, 154.600 MHz, 151.820 MHz, 151.880
MHz, and 151.940 MHz.
* * * * *
6. Section 90.633 is amended by revising paragraphs (c) and (d) to
read as follows:
Sec. 90.633 Conventional systems loading requirements.
* * * * *
(c) Except as provided in Sec. 90.629 of this part, licensees of
conventional systems must place their authorized stations in operation
not later than one year after the date of grant of the system license.
(d) If a station is not placed in operation within one year, except
as provided in Section 90.629 of this part, the license cancels
automatically. For purposes of this section, a base station is not
considered to be in operation unless at least one associated mobile
station is also in operation.
* * * * *
7. Section 90.651 is amended by revising paragraph (c) to read as
follows:
Sec. 90.651 Supplemental reports required of licensees authorized
under this subpart.
* * * * *
(c) Licensees of conventional systems must report the number of
mobile units placed in operation within twelve months of the date of
the grant of their license. Such reports shall be filed within 30 days
from that date.
* * * * *
[FR Doc. 99-5216 Filed 3-3-99; 8:45 am]
BILLING CODE 6712-01-P