[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Rules and Regulations]
[Pages 53641-53646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22469]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[FCC 00-264; WT Docket No. 96-86]


Public Safety 700 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Second Memorandum Opinion and Order, (Second MO&O), 
addresses petitions for reconsideration that were filed in response to 
the First Report and Order, (First R&O) in this proceeding. The 
Commission resolves those portions of the petitions that address our 
decisions on certain technical requirements, the digital modulation 
requirement, protection criteria between television and land mobile 
operations, eligibility for licensing and alliances under our Rules, 
and administrative issues regarding regional planning, national 
planning and frequency coordination.

DATES: Effective November 6, 2000, except for Sec. 90.176, which 
contains information collection requirements that have not been 
approved by the Office of Management and Budget. The FCC will publish a 
document in the Federal Register announcing the effective date.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., TW-
325, Washington, DC 20554. A copy of each filing should be sent to 
International Transcription Service, Inc. (ITC), 1231 20th Street, NW., 
Washington, DC 20036, (202) 857-3800, and Pam Slipakoff, Federal 
Communications Commission, Wireless Telecommunications Bureau, Public 
Safety and Private Wireless Division, Policy and Rules Branch, 445 
Twelfth Street, SW., Room 4-C421, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Pam Slipakoff or Peter J. Daronco of 
the Policy and Rules Branch, Public Safety and Private Wireless 
Division, Wireless Telecommunications Bureau, (202) 418-0680. For 
further information concerning the information collection contained in 
the Second MO&O, contact Judy Boley at (202) 418-0215 or via the 
Internet to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
MO&O in WT Docket No. 96-86, FCC 00-264, adopted July 21, 2000, and 
released August 1, 2000. The full text of the (Second MO&O) is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554. The full text of the Second MO&O may also be 
purchased from the Commission's copy contractor, International 
Transcription Services, 1231 20th Street, NW., Washington, DC 20036, 
telephone (202) 857-3800, facsimile (202) 857-3805. The full text of 
the Second MO&O may also be downloaded at: http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00264.doc>. 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].

Synopsis of the Second Memorandum Opinion and Order

    1. The First Report and Order, (First R&O), 63 FR 58645 November 2, 
1998, in this proceeding established a band plan and set forth service 
rules for 24 MHz of spectrum (the 700 MHz band) that was recently 
designated for public safety use in light of the transition to digital 
television. In response, seventeen parties filed petitions for 
reconsideration and/or clarification of those decisions. On February 
25, 2000, the Public Safety National Coordination Committee (NCC) 
submitted recommendations to the Commission for technical and 
operational standards on the new 700 MHz band. The Second MO&O 
addresses those petitions for reconsideration that were filed in 
response to the First R&O. It does not, however, establish a digital 
modulation standard, because the Commission is currently seeking public 
comment on the issue in a Fourth Notice of Proposed Rule Making in this 
proceeding. The

[[Page 53642]]

Second MO&O does, in turn, establish that some form of digital 
modulation is mandatory for the 700 MHz band, while interim analog 
modulation is not permissible.) The Second MO&O also defers resolution 
of the various portions of the reconsideration requests that address 
the band plan for the 700 MHz band, and low power narrowband devices 
for on-scene communications.
    2. The Second MO&O reaffirms most of the decisions on technical 
standards that were established by the First R&O. The Commission 
declines to modify its Rules regarding transmitter power and antenna 
height limitations, noting that the Commission's existing waiver 
process is an efficient and effective mechanism to address those 
situations when individual technical requirements may warrant an 
exemption from the Rules. The Commission grants certain petitions for 
reconsideration regarding automatic power control, however, by making 
it an optional requirement for mobile and portable transmitters. With 
regard to emission limitations, the Commission defers establishing any 
particular value, while charging the industry to provide consensus 
recommendations within a one-year time frame. However, in response to 
various petitions for reconsideration, the Commission modifies its 
frequency stability requirement for narrowband mobile and portable 
units by adopting flexible standards that account for varying operating 
channel bandwidths: 1.0 ppm for 6.25 kHz, 1.5 ppm for 12.5 kHz (2 
channel aggregate), and 2.5 ppm for 25 kHz (4 channel aggregate). The 
Commission retains its nationwide wideband channel efficiency standard 
as adopted in its First R&O, while noting that it may revisit the issue 
pursuant to further NCC recommendations. Similarly, the Commission 
refuses to establish any receiver standards until such time as the NCC 
issues recommendations on the matter.
    3. In addition to these technical standards, the Second MO&O also 
resolves certain petitions regarding interference between broadcast 
television and land mobile operations. The Commission retains its 
current protection criteria, while noting that public safety applicants 
can submit an engineering study to justify separations that differ from 
those specified in the Commission's Rules.
    4. The Second MO&O resolves several concerns regarding the 
eligibility to hold a license in the 700 MHz band. The Commission 
clarifies that every non-governmental organization (NGO) must be 
authorized by a state or local governmental entity engaged in public 
safety. In addition, NGOs must submit a written statement of continuing 
authorization by their governmental sponsor at renewal time. The Second 
MO&O also clarifies that Sec. 2.103(b) of our Rules, provides a new 
sharing option for the 700 MHz band under which the Commission 
authorizes its state or local governmental licensee to allow a Federal 
public safety entity to use the licensed channels pursuant to the terms 
of a written ``Section 2.103(b) agreement'' between the licensee and 
the Federal entity. In that regard, the Second MO&O clarifies related 
concerns of requiring NTIA approval, respecting contractual terms, 
implementing coordinated use, and limiting applicability to the general 
use spectrum.
    5. There are several administration issues that the Second MO&O 
addresses, in the areas of regional planning, national planning, 
frequency coordination and common data bases. The Commission retains 
its regional planning approach, while clarifying that regional planning 
committees (RPCs) are authorized to provide the ``highest and best'' 
uses of the 700 MHz band general use spectrum (limited by a requirement 
that they ensure representation of all public safety entities in their 
regions). The Commission also declines to establish RPC funding through 
frequency coordinators, and declines to require all RPCs to conform to 
state boundaries, given that entities may opt out of a designated 
regional planning process. With regard to national planning, the Second 
MO&O clarifies certain issues regarding the NCC's participation in 
resolving inter-regional disputes on the general use channels, the 
NCC's relationship to RPCs, and the composition and responsibilities of 
the NCC's membership. Finally, with regard to frequency coordination 
and common data bases, the Commission affirms its decisions in the 
First R&O, refusing to establish either a common data base of regional 
plans, or a common coordinator data base. The Commission does, however, 
encourage RPCs and coordinators to voluntarily create databases that 
are responsive to their ongoing requirements.

Regulatory Flexibility Act Final Analysis

    6. As required by the Regulatory Flexibility Act (``RFA''), an 
Initial Regulatory Flexibility Analysis (``IRFA'') was incorporated in 
Appendix A of the Second Notice of Proposed Rulemaking issued in this 
proceeding. No comments were filed in direct response to the IRFA. 
Subsequently, a Final Regulatory Flexibility Analysis (``FRFA'') was 
incorporated in Appendix A of the First R&O issued in this proceeding. 
Lastly, a Supplemental Final Regulatory Flexibility Analysis (``First 
SFRFA'') was incorporated in Appendix A of the Memorandum Opinion and 
Order on Reconsideration (``First MO&O''), 64 FR 60123, November 4, 
1999, issued in this proceeding. The Second Supplemental Final 
Regulatory Flexibility Analysis (``Second SFRFA'') in this Second 
Memorandum Opinion and Order (``Second MO&O'') contains information 
additional to that contained in the First FRFA and is limited to 
matters raised on reconsideration or clarification with regard to the 
First Report and Order (First R&O) and addressed in this Second MO&O. 
This Second SFRFA conforms to the RFA.

I. Need for, and Objectives of, the Second MO&O

    7. In this Second MO&O, we address the multiple Petitions for 
Reconsideration and/or Clarification filed in connection with the First 
Report and Order in this docket that established a band plan and 
adopted service rules in the newly-reallocated public safety spectrum 
at 764-776 MHz and 794-806 MHz (``the 700 MHz band''). This Second MO&O 
resolves those portions of the petitions that address our decisions in 
the First R&O on:
     Digital modulation requirement for public safety 700 MHz 
radios;
     Certain technical requirements--namely, transmitter power 
and antenna height, automatic power control, emission limits, frequency 
stability, wideband channel efficiency standards, and receiver 
standards;
     Protection criteria established between television and 
land mobile operations;
     Eligibility for licensing and alliances under 
Sec. 2.103(b) of our Rules, and
     Administrative issues regarding regional planning, 
national planning, and frequency coordination.

II. Summary of Significant Issues Raised by the Public Comments in 
Response to the IRFA

    8. No comments were filed in direct response to either of the 
IRFAs, or either of the final analyses. However, as described in 
Section V, we have taken into account all comments submitted generally 
by small entities.

[[Page 53643]]

III. Description and Estimate of the Number of Small Entities to 
Which the Rules Will Apply

    9. 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 the proposed rules, if adopted. The RFA 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: (i) Is independently owned 
and operated; (ii) is not dominant in its field of operation; and (iii) 
satisfies any additional criteria established by the Small Business 
Administration (``SBA''). A small organization is generally ``any not-
for-profit enterprise which is independently owned and operated and is 
not dominant in its field.'' Nationwide, as of 1992, there were 
approximately 275,801 small organizations. ``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.'' As of 1992, there were 
approximately 85,006 such jurisdictions in the United States. This 
number includes 38,978 counties, cities, and towns; of these, 37,566, 
or ninety-six 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 (ninety-one percent) are small entities.
    10. 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. 337. Non-Federal governmental entities as well as 
private businesses are licensees for these services. All governmental 
entities with populations of less than 50,000 fall within the 
definition of a small entity. The rule changes adopted in this Second 
MO&O could affect public safety entities who wished to utilize 
frequencies in the low power pool for uses such as on-scene 
firefighting communications and various other short-range 
communications systems which would be developed for 700 MHz band 
equipment.
    11. Radio and Television Equipment Manufacturers. According to SBA 
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. Census Bureau data indicate that 
there are 858 U.S. firms that manufacture radio and television 
broadcasting and communications equipment. We anticipate that no more 
than six radio equipment manufacturers will be affected by our 
decisions in this proceeding. Of these six firms, no more than four 
have fewer than 750 employees and would therefore be classified as 
small entities.
    12. Television Stations. This proceeding will affect full service 
TV station licensees (Channels 60-69), TV translator facilities, and 
low power TV (LPTV) stations. The SBA defines a TV broadcasting station 
that has no more than $10.5 million in annual receipts as a small 
business. TV broadcasting stations consist of establishments primarily 
engaged in broadcasting visual programs by TV to the public, except 
cable and other pay TV services. Included in this industry are 
commercial, religious, educational, and other TV stations. Also 
included are establishments primarily engaged in TV broadcasting and 
which produce taped TV program materials. Separate establishments 
primarily engaged in producing taped TV program materials are 
classified under another SIC number.
    13. There were 1,509 TV stations operating in the Nation in 1992. 
That number has remained fairly constant as indicated by the 
approximately 1,551 operating TV broadcasting stations in the Nation as 
of February 28, 1997. For 1992 the number of TV stations that produced 
less than $10.0 million in revenue was 1,155 establishments, or 
approximately 77 percent of the 1,509 establishments. There are 
currently 95 full service analog TV stations, either operating or with 
approved construction permits on channels 60-69. In the DTV Proceeding, 
we adopted a DTV Table which provides only 15 allotments for DTV 
stations on channels 60-69 in the continental United States. There are 
seven DTV allotments in channels 60-69 outside the continental United 
States. Thus, the rules will affect approximately 117 TV stations; 
approximately 90 of those stations may be considered small businesses. 
These estimates may overstate the number of small entities since the 
revenue figures on which they are based do not include or aggregate 
revenues from non-TV affiliated companies. We recognize that the rules 
may also impact minority-owned and women-owned stations, some of which 
may be small entities. In 1995, minorities owned and controlled 37 (3.0 
percent) of 1,221 commercial TV stations in the United States. 
According to the U.S. Bureau of the Census, in 1987 women owned and 
controlled 27 (1.9 percent) of 1,342 commercial and non-commercial TV 
stations in the United States.
    14. There are currently 4,977 TV translator stations and 1,952 LPTV 
stations. Approximately 1,309 low power TV and TV translator stations 
are on channels 60-69 which could be affected by policies in this 
proceeding. The Commission does not collect financial information of 
any broadcast facility and the Department of Commerce does not collect 
financial information on these broadcast facilities. We will assume for 
present purposes, however, that most of these broadcast facilities, 
including LPTV stations, could be classified as small businesses. As 
indicated earlier, approximately 77 percent of TV stations are 
designated under this analysis as potentially small businesses. Given 
this, LPTV and TV translator stations would not likely have revenues 
that exceed the SBA maximum to be designated as small businesses.

IV. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    15. This Second MO&O adopts rules that will entail reporting, 
recordkeeping, and/or third-party consultation. However, the Commission 
believes that these requirements are the minimum needed. The Second 
MO&O extends the scope of non-governmental organization (``NGO'') 
certification so that all applications submitted by NGOs must be 
accompanied by a new, written certification of support (for the NGO 
applicant to operate the applied-for system) by their supporting state 
or local governmental entity. This change will ensure compliance with 
the statutory criteria for NGO eligibility to hold a license for 700 
MHz band public safety spectrum.

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

    16. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives: (i) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (ii) the

[[Page 53644]]

clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (iii) the use 
of performance, rather than design, standards; and (iv) an exemption 
from coverage of the rule, or any part thereof, for small entities.
    17. Automatic Power Control. In the First Report and Order, we 
required mobile and portable transmitters to be designed to employ 
automatic power control (``APC''). However, we subsequently realized 
that APC is incompatible with most public safety dispatch systems. 
Therefore, we are eliminating our requirement for APC, and are making 
it optional. To the extent that upgrading equipment for APC may have 
otherwise imposed a burden, this change benefits small entities and 
their ability to interact with public safety dispatch systems.
    18. Non-Governmental Organizations. As noted in Section IV, above, 
we are adding a requirement for NGOs to recertify their continuing 
authorization through their supporting governmental entity, for both 
renewal and modification of NGO licenses. This helps to ensure 
compliance with the statutory public safety responsibilities for NGOs. 
Although this recertification will impose an additional burden on small 
entities, we note that license renewal only occurs once every ten 
years. Furthermore, we note that NGOs are required, by our Rules, to 
keep their supporting governmental entity apprised of changes at all 
times. Therefore, after weighing the additional requirement of 
recertification against the benefit of ensuring compliance, we decided 
to add this requirement. We did not, however, complicate the 
authorization with any additional certification requirements. We are 
allowing NGO applicants to submit existing written authorizations from 
their supporting governmental entities, rather than requiring the NGOs 
to prepare additional documentation.
    19. By adding this basic requirement, we also benefit other small 
entities: the small local governments who may lack sufficient 
administrative reporting and recordkeeping resources to monitor their 
NGOs. These small governmental entities may find it easier to keep 
track of small NGOs as a result of this new recertification procedure.

Report to Congress

    20. The Commission will send a copy of this Second MO&O, including 
this Second Supplemental Final Regulatory Flexibility Analysis, in a 
report to be sent to Congress pursuant to SBREFA, 5 U.S.C. 
801(a)(1)(A). In addition, the Commission will send a copy of the 
Second MO&O, including this Second Supplemental Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration. A copy of the Second MO&O and the Second 
Supplemental Final Regulatory Flexibility Analysis (or summaries 
thereof) will also be published in the Federal Register. See 5 U.S.C. 
604(b).

VI. Paperwork Reduction Analysis

    21. This Second MO&O contains either a new or modified information 
collection. The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collection 
contained in this Second MO&O, as required by the Paperwork Reduction 
Act of 1995, Public Law 104-13. Public and agency comments are due at 
the same time as other comments on this Second MO&O OMB notification 
of action is due 60 days from date of publication of this Second MO&O 
in the Federal Register.
    Comments should address: (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. These 
comments should be submitted to Judy Boley, Federal Communications 
Commission, 445 12th Street, SW, Washington, DC 20554, or via the 
Internet to [email protected]>. Furthermore, a copy of any such comments 
should be submitted to Edward C. Springer, OMB Desk Officer, 725 17th 
Street, NW, Room 10236 NEOB, Washington, DC 20503, or via the Internet 
to [email protected]>.
    OMB Approval Number: 3060-0783.
    Title: Section 90.176 Coordination notification requirements on 
frequencies below 512 MHz or at 764-776/974-806 MHz
    Form No: N/A.
    Type of Review: New collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 15.
    Estimated Time Per Response: .5 hours.
    Total Annual Burden: 1959 hours.
    Total Annual Cost: 0.
    Needs and Uses: The revision to the reporting requirement in 90.176 
is a result of decisions in the Second MO&O in PR Dkt. No. 96-86 that 
adds the frequency bands 764-776/794-806 MHz. The rule requires each 
Private Land Mobile frequency coordinator provide, within one business 
day, a listing of their frequency recommendations to all other 
frequency coordinators in their respective pool, and, if requested, an 
engineering analyses. This requirement is necessary to avoid situations 
where harmful interference is created because two or more coordinators 
recommend the same frequency in the same area at approximately the same 
time to different applicants.

VII. Ordering Clauses

    22. Pursuant to sections 4(i) and 405 of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 405, and Sec. 1.429(i) of the 
Commission's Rules, that the petitions for reconsideration and/or 
clarification filed by the American Association of State Highway and 
Transportation Officials, Forestry Conservation Communications 
Association, International Association of Fire Chiefs, Inc., 
International Association of Fish and Wildlife Agencies, International 
Municipal Signal Association, and National Association of State 
Foresters (joint filing), Association of Public-Safety Communications 
Officials-International, Inc., Dataradio Group of Companies, Ericsson, 
Inc., Federal Law Enforcement Wireless Users Group, King Communications 
U.S.A. Inc., Motorola, Inc., National Public Safety Telecommunications 
Council, New York State Technology Enterprise Corporation, Commonwealth 
of Pennsylvania, John Powell, Project 25 Steering Committee, Safety 
Tech Industries, State of California, and State of Florida between 
November 12, 1998 and December 2, 1998, respectively, are granted or 
deferred to the extent indicated herein and otherwise are denied. 
Pursuant to section 4(i) of the Communications Act of 1934, as amended, 
47 U.S.C. 154(i) and Secs. 1.49 and 1.429 of the Commission's Rules, 
that Motorola's Motion for Leave to Extend Page Limit is granted and 
Maxon America, Inc. Reply Comment is denied to the extent indicated 
herein.
    23. Pursuant to section 4(i) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), the Consumer Information Bureau, Reference 
Information Center, SHALL SEND a copy of this Second Memorandum Opinion 
and Order,

[[Page 53645]]

including the Second Supplemental 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, Reporting and recordkeeping 
requirements.

Federal Communications Commission.

William F. Caton,
Deputy Secretary

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 90 as follows:
    1. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), 332(c)(7) and of 
the Communications Act of 1934, as amended, 47 U.S.C. Sections 
154(i), 161, 303(g), 303(r), 332(c)(7).

    2. Section 90.175 is amended by revising paragraphs (e) and (i)(10) 
through (i)(12) to read as follows:


Sec. 90.175  Frequency coordination requirements.

* * * * *
    (e) For frequencies between 470 and 512 MHz, 764-776/794-806 MHz, 
806-824/851-869 MHz, and 896-901/935-940 MHz: A recommendation of the 
specific frequencies that are available for assignment in accordance 
with the loading standards and mileage separations applicable to the 
specific radio service, frequency pool, or category of user involved is 
required from an applicable frequency coordinator.
* * * * *
    (i) * * *
    (10) Applications for mobile stations operating in the 470-512 MHz 
band, 764-776/794-806 MHz band, or above 800 MHz if the frequency pair 
is assigned to a single system on an exclusive basis in the proposed 
area of operation.
    (11) Applications for add-on base stations in multiple licensed 
systems operating in the 470-512 MHz, 764-776/794-806 MHz band, or 
above 800 MHz if the frequency pair is assigned to a single system on 
an exclusive basis.
    (12) Applications for control stations operating below 470 MHz, 
764-776/794-806 MHz, or above 800 MHz and meeting the requirements of 
Sec. 90.119(b).
* * * * *

    3. Section 90.176 is revised to read as follows:


Sec. 90.176  Coordinator notification requirements on frequencies below 
512 MHz or at 764-776/794-806 MHz.

    (a) Frequencies below 470 MHz. Within one business day of making a 
frequency recommendation, each frequency coordinator must notify and 
provide the information indicated in paragraph (f) of this section to 
all other frequency coordinators who are also certified to coordinate 
that frequency.
    (1) The applicable frequency coordinator for each frequency is 
specified in the coordinator column of the frequency tables of 
Secs. 90.20(c)(3) and 90.35(b)(3).
    (2) For frequencies that do not specify any frequency coordinator, 
all certified in-pool coordinators must be notified.
    (3) For frequencies that are shared between the Public Safety Pool 
and the Industrial/Business Pool (frequencies subject to 
Secs. 90.20(d)(7), (d)(25), (d)(34), or (d)(46) in the Public Safety 
Pool, and subject to Secs. 90.35(c)(13), (c)(25), or (d)(4) in the 
Industrial/Business Pool), all certified coordinators of both pools 
must be notified.
    (b) Frequencies in the 470-512 MHz band. Within one business day of 
making a frequency recommendation, each frequency coordinator must 
notify and provide the information indicated in paragraph (f) of this 
section to all other certified frequency coordinators in the Public 
Safety Pool and the Industrial/Business Pool.
    (c) Frequencies in the 764-776/794-806 MHz band. Within one 
business day of making a frequency recommendation, each frequency 
coordinator must notify and provide the information indicated in 
paragraph (f) of this section to all other certified frequency 
coordinators in the Public Safety Pool.
    (d) Each frequency coordinator must also notify all other certified 
in-pool coordinators on any day that the frequency coordinator does not 
make any frequency recommendations.
    (e) Notification must be made to all coordinators at approximately 
the same time and can be made using any method that ensures compliance 
with the one business day requirement.
    (f) At a minimum the following information must be included in each 
notification:
    (1) Name of applicant;
    (2) Frequency or frequencies recommended;
    (3) Antenna locations and heights;
    (4) Effective radiated power (ERP);
    (5) Type(s) of emissions;
    (6) Description of the service area; and
    (7) Date and time of recommendation.
    (g) Upon request, each coordinator must provide any additional 
information requested from another certified coordinator regarding a 
pending recommendation that it has processed but has not yet been 
granted by the Commission.
    (h) It is the responsibility of each coordinator to insure that its 
frequency recommendations do not conflict with the frequency 
recommendations of any other frequency coordinator. Should a conflict 
arise, the affected coordinators are jointly responsible for taking 
action to resolve the conflict, up to and including notifying the 
Commission that an application may have to be returned.

    4. Section 90.523 is amended by revising paragraph (b) to read as 
follows:


Sec. 90.523  Eligibility.

* * * * *
    (b) Nongovernmental organizations. A nongovernmental organization 
(NGO) that provides services, the sole or principal purpose of which is 
to protect the safety of life, health, or property, is eligible to hold 
an authorization for a system operating in the 764-776 MHz and 794-806 
MHz frequency bands for transmission or reception of communications 
essential to providing such services if (and only for so long as) the 
NGO applicant/licensee:
    (1) Has the ongoing support (to operate such system) of a state or 
local governmental entity whose mission is the oversight of or 
provision of services, the sole or principal purpose of which is to 
protect the safety of life, health, or property;
    (2) Operates such authorized system solely for transmission of 
communication essential to providing services the sole or principal 
purpose of which is to protect the safety of life, health, or property; 
and
    (3) All applications submitted by NGOs must be accompanied by a 
new, written certification of support (for the NGO applicant to operate 
the applied-for system) by the state or local governmental entity 
referenced in paragraph (b)(1) of this section.
* * * * *

    5. Section 90.535 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec. 90.535  Modulation and spectrum usage efficiency requirements.

* * * * *
    (b) Transmitters designed to operate in the narrowband segment 
using digital modulation must be capable of maintaining a minimum data 
rate of 4.8 kbps per 6.25 kHz of bandwidth.
    (c) Transmitters designed to operate in the wideband segment using 
digital modulation must be capable of maintaining a minimum data rate 
of 384 kbps per 150 kHz of bandwidth.

[[Page 53646]]


    6. Section 90.539 is amended by revising paragraph (c) to read as 
follows:


Sec. 90.539  Frequency stability.

* * * * *
    (c) The frequency stability of mobile, portable, and control 
transmitters operating in the narrowband segment must be 400 parts per 
billion or better when AFC is locked to the base station. When AFC is 
not locked to the base station, the frequency stability must be at 
least 1.0 ppm for 6.25 kHz, 1.5 ppm for 12.5 kHz (2 channel aggregate), 
and 2.5 ppm for 25 kHz (4 channel aggregate).
* * * * *


Sec. 90.541  [Amended]

    7. Section 90.541 is amended by removing paragraph (d).

    8. Section 90.545 is amended by revising paragraph (c)(2)(ii) to 
read as follows:


Sec. 90.545  TV/DTV interference protection criteria.

* * * * *
    (c) * * *
    (2) * * *
    (ii) Control and mobile stations (including portables) are limited 
in height and power and therefore shall afford protection to co-channel 
and adjacent channel TV/DTV stations in accordance with the values 
specified in Table D (co-channel frequencies based on 40 dB protection) 
in Sec. 90.309 of this part and a minimum distance of 8 kilometers (5 
miles) from all adjacent channel TV/DTV station hypothetical or 
equivalent Grade B contours (adjacent channel frequencies based on 0 dB 
protection for TV stations and--23 dB for DTV stations). Since control 
and mobile stations may affect different TV/DTV stations than the 
associated base station, particular care must be taken by applicants to 
ensure that all the appropriate TV/DTV stations are considered (e.g., a 
base station may be operating on TV Channel 64 and the mobiles on TV 
Channel 69, in which case TV Channels 63, 64, 65, 68, and 69 must be 
protected). Since mobiles and portables are able to move and 
communicate with each other, licensees or coordinators must determine 
the areas where the mobiles can and cannot roam in order to protect the 
TV/DTV stations, and advise the mobile operators of these areas and 
their restrictions.
* * * * *
[FR Doc. 00-22469 Filed 9-1-00; 8:45 am]
BILLING CODE 6712-01-P