[Federal Register Volume 66, Number 128 (Tuesday, July 3, 2001)]
[Rules and Regulations]
[Pages 35107-35111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16650]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 101

[WT Docket No. 97-81; FCC 01-171]


Multiple Address Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration; clarification.

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SUMMARY: The document addresses four petitions for reconsideration and/
or clarification of the MAS Report and Order. Specifically, the 
Commission responds to requests for reconsideration and/or 
clarification of issues relating to the types of services classified as 
private internal, shared use and private carrier service in the private 
internal bands, grandfathering provisions as they relate to transfers 
and assignments, service area coverage of the Gulf of Mexico, 
operational flexibility, and other minor points that help clarify its 
intentions for the MAS service. In addition, the Commission makes minor 
changes to certain technical requirements in part 101, as well as, the 
current application freeze in the 928/959 megahertz (MHz) MAS bands. In 
this document, the Commission grants two petitions and grants a third 
petition, in part. The fourth petition is dismissed as moot.

DATES: Effective September 4, 2001.

FOR FURTHER INFORMATION CONTACT: Shellie Blakeney at (202) 418-0680, 
Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau.

SUPPLEMENTARY INFORMATION:

[[Page 35108]]

    1. This document is a summary of the Commission's Memorandum 
Opinion and Order, FCC 01-171 in WT Docket No. 97-81, adopted on May 
22, 2001, and released on May 29, 2001. The full text of this 
Memorandum Opinion and Order is available for inspection and copying 
during normal business hours in the FCC Reference Center, Room CY-A257, 
445 12th Street, S.W., Washington, D.C. The complete text may be 
purchased from the Commission's copy contractor, International 
Transcription Service, Inc., 1231 20th Street, N.W., Washington, D.C. 
20037. The full text may also be downloaded at: www.fcc.gov. 
Alternative formats are available to persons with disabilities by 
contacting Jenifer Simpson at (202) 418-0008 or TTY (202) 418-2555.

Summary of the Memorandum Opinion and Order

    2. The Memorandum Opinion and Order responds to four petitions for 
reconsideration and/or clarification of certain decisions in the MAS 
Report and Order, 65 FR 17445 (April 3, 2000). MAS consists of 3.2 MHz 
of electromagnetic spectrum in the 900 MHz band and is licensed under 
part 101 of the Commission's rules. The Memorandum Opinion and Order: 
(1) Will enable the MAS service to effectively accommodate the wireless 
communications needs of its various users. Overall, the decisions 
contained in the MAS Memorandum Opinion and Order will not only enable 
the Commission to better serve current and future MAS licensees, but 
will help conserve scarce Commission resources, thereby, advancing the 
Commission's spectrum management goals, including fostering efficient 
and effective radio operations.
    3. Specifically, the Commission concludes that the type of service 
provided by Radscan, Inc. on MAS frequencies is a private internal use 
in the context of MAS. This clarification better explains the 
Commission's position with respect to the intended users of the private 
internal MAS bands and enhances the ability of current and future MAS 
licensees to acquire MAS spectrum. In addition, the Commission 
reinstates non-profit, cost-shared use in the private internal bands. 
The Commission believes that this type of spectrum use serves the 
public interest and affords a vital alternative for securing MAS 
spectrum in the highly encumbered private internal bands. Moreover, the 
Commission creates an EA-like area covering the Gulf of Mexico which 
will ensure that the wireless needs of this region are better met. With 
regard to the MAS operational policies, the Commission modifies some of 
the policies that were relaxed in the MAS Report and Order, 65 FR 17445 
(April 3, 2000), and introduces policies that may be described as less 
flexible. However, the Commission believes that the changes to the 
operational policies mitigate potential instances of interference among 
MAS users and will ultimately benefit all MAS users.

Supplemental Final Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act (RFA), Initial 
Regulatory Flexibility Analyses (IRFA) were incorporated in the 
Amendment of the Commission's Rules Regarding Multiple Address Systems, 
Notice of Proposed Rule Making, 62 FR 11407 (March 12, 1997) and 
Further Notice of Proposed Rule Making, 64 FR 38617 (July 19, 1999). 
The Commission sought written public comment on the proposals in the 
Notice and Further Notice, 62 FR 11407 (March 12, 1997) and 64 FR 38617 
(July 19, 1999) including comment on the IRFA. This present 
Supplemental Final Regulatory Flexibility Analysis (Supplemental FRFA) 
conforms to the RFA.

I. Reason for, and Objectives of, the Memorandum Opinion and Order

    5. These proceedings were initiated to secure public comment on 
proposals to maximize the efficient and effective use of spectrum 
allocated to MAS in the Microwave Services and to analyze the impact of 
the Balanced Budget Act on these proposals. The rules adopted in this 
Memorandum Opinion and Order continue the Commission's efforts to 
promote effective radio operations, improve the efficiency of spectrum 
use and reduce the regulatory burden on spectrum users.

II. Summary of Significant Issues Raised by Public Comments in Response 
to the Previous Final Regulatory Flexibility Analysis

    6. No reconsideration petitions/comments were filed in direct 
response to the previous Final Regulatory Flexibility Analysis (FRFA). 
However, the Commission has reviewed general comments that may impact 
small businesses. In this instance, the petitioners are existing MAS 
licensees, many of whom qualify as small businesses. Generally, the 
petitioners applaud the Commission's efforts in this service. The 
requests for reconsideration and/or clarification involve issues 
relating to the types of services classified as private internal, 
grandfathering provisions as they relate to transfers and assignments, 
shared use and private carrier service in the private internal bands, 
operational flexibility, service area coverage of the Gulf of Mexico 
and other minor points that will help clarify the Commission's 
intentions for this service. In addition, this Memorandum Opinion and 
Order makes minor changes to certain technical requirements in part 
101, as well as, the current application freeze in certain MAS bands in 
an effort to promote effective radio operations and to reduce 
regulatory burdens on MAS licensees.

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

    7. 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 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, unless the Commission has developed one or more definitions that 
are appropriate for its activities. Under the Small Business Act, a 
``small business concern'' is one that: (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). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.''
    8. Last, the definition of ``small governmental entity'' is one 
with populations of fewer 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, 37,556, or ninety-six percent, have 
populations of fewer than 50,000. The Census Bureau estimates that this 
ratio is approximately accurate for all government entities. Thus, of 
the 85,006 governmental entities, the Commission estimates that ninety-
six percent, or about 81,600, are small entities that may be affected 
by the rules. The Commission describes and estimates the number of 
small business licensees and

[[Page 35109]]

regulatees that may be affected by the rules.
    9. The rules adopted in this Memorandum Opinion and Order affect a 
number of small entities that are either licensees, or may choose to 
become applicants for licenses, in the MAS Service. Such entities, in 
general, fall into two categories: (1) Those using MAS spectrum for 
profit-based uses and (2) those using MAS spectrum for private internal 
uses.
    10. With respect to the first category, the Commission has 
developed and received approval from the Small Business Administration 
for two definitions of small entities applicable to MAS licensees that 
do not provide private internal service. The majority of these entities 
will most likely be licensed in bands where the Commission has 
implemented a geographic area licensing approach that would require the 
use of competitive bidding procedures to resolve mutually exclusive 
applications. The Commission's licensing database indicates that, as of 
January 20, 1999, there were a total of 8,670 MAS station 
authorizations. Of these, 260 authorizations were associated with 
common carrier service.
    11. With respect to the second category, which consists of entities 
that use, or seek to use, MAS spectrum to accommodate their own 
internal communications needs, the Commission notes that MAS serves an 
essential role in a range of industrial, safety, business, and land 
transportation activities. MAS radios are used by companies of all 
sizes, operating in virtually all U.S. business categories, and by all 
types of public safety entities. For the majority of private internal 
users, the definitions developed by the SBA would be more appropriate. 
The applicable definition of small entity in this instance appears to 
be the definition under the SBA rules applicable to establishments 
engaged in radiotelephone communications. This definition provides that 
a small entity is any entity employing no more than 1,500 persons. The 
Commission's licensing database indicates that, as of January 20, 1999, 
of the 8,670 total MAS station authorizations, 8,410 authorizations 
were for private radio service, and of these, 1,433 were for private 
land mobile radio service.

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

    12.This Memorandum Opinion and Order requires MAS licensees that 
are operating in the MAS spectrum designated for private internal use 
to limit mobile operations to mobile master stations only, for the 952 
MHz and certain channels in the 941 MHz bands, if frequencies in the 
956 MHz band are unavailable. In addition, the Memorandum Opinion and 
Order prohibits mobile operation for site-based licensees in the 959 
MHz band and modifies permissible frequency tolerance levels for MAS 
operations to conform with the MAS Report and Order, 65 FR 17445 (April 
3, 2000). Compliance with these modifications to the Commission's 
rules, as well as the other modifications described in the MAS 
Memorandum Opinion and Order, will facilitate efficient radio 
operations by reducing opportunities for radio interference.

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

    13. The Commission has reduced the economic burden placed on small 
businesses where possible. In response to petitions/comments filed in 
this proceeding, the Commission has adopted rule modifications that 
will, through more effective radio operations and a reduction of 
regulatory burdens, foster the growth of small businesses providing 
wireless services. For instance, this Memorandum Opinion and Order 
eliminates the requirement for licensees to submit waiver requests (1) 
to operate mobile master stations in certain MAS bands and (2) to 
expand systems in the 928/959 MHz MAS bands as described in the 
Commission's rules. This action, in turn, will reduce administrative 
burdens for MAS licensees, as well as, the Commission, which will 
ultimately result in less economic burden on MAS licensees. 
Additionally, the Commission is providing specific parameters for 
mobile operations in this service which will assist small businesses by 
mitigating instances of potential interference, thus preserving 
valuable resources.
    Report to Congress: The Commission will send a copy of the MAS 
Memorandum Opinion and Order, including this Supplemental FRFA, in a 
report to be sent to Congress pursuant to the Small Business 
Enforcement Fairness Act of 1996. In addition, the Commission will send 
a copy of the MAS Memorandum Opinion and Order, including the 
Supplemental FRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration. A copy of the MAS Memorandum Opinion and Order 
and Supplemental FRFA (or summaries thereof) will also be published in 
the Federal Register.
    14. Accordingly, It is Ordered that, pursuant to the authority 
contained in Sections 4(i) and 303 of the Communications Act of 1934, 
as amended, 47 U.S.C. 154(i) and 303, and Sec. 1.429 of the 
Commission's rules, 47 CFR 1.429, the Petition for Reconsideration 
filed by CellNet Data Systems, Inc. on May 3, 2000, is Granted in Part 
consistent with the decisions set forth herein.
    15. It is Further Ordered that, pursuant to the authority contained 
in sections 4(i) and 303 of the Communications Act of 1934, as amended, 
47 U.S.C. 154(i) and 303, and Sec. 1.429 of the Commission's rules, 47 
CFR 1.429, the Petition for Clarification and Reconsideration filed by 
Radscan, Inc. on May 3, 2000 is Granted, consistent with the decisions 
set forth herein.
    16. It is Further Ordered that, pursuant to the authority contained 
in sections 4(i) and 303 of the Communications Act of 1934, as amended, 
47 U.S.C. 154(i) and 303, and Sec. 1.429 of the Commission's rules, 47 
CFR 1.429, the Petition for Reconsideration/Clarification filed by the 
Critical Infrastructure Communications Coalition on May 3, 2000, is 
Granted, consistent with the decisions set forth herein.
    17. It is Further Ordered that, pursuant to the authority contained 
in sections 4(i) and 303 of the Communications Act of 1934, as amended, 
47 U.S.C. 154(i) and 303, and Sec. 1.429 of the Commission's rules, 47 
CFR 1.429, the Petition for Reconsideration/Clarification filed by the 
United States Environmental Protection Agency on February 7, 2000, is 
Dismissed, as moot.
    18. It is Further Ordered that, pursuant to the authority contained 
in section 4(i) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), the application freeze set forth in the Notice of 
Proposed Rule Making, 62 FR 11407 (March 12, 1997), in WT Docket No. 
97-81, is Modified, as set forth herein.
    19. It is Further Ordered that, part 101 of the Commission's rules 
is AMENDED, as set forth in Rule Changes, effective sixty days after 
its publication in the Federal Register.
    20. It is Further Ordered that the Commission's Consumer 
Information Bureau, Reference Information Center, Shall Send a copy of 
this Memorandum Opinion and Order, including the Supplemental Final 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.
    21. It is Further Ordered that the above-captioned proceeding is 
Terminated.

[[Page 35110]]

List of Subjects in 47 CFR Part 101

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 101 as follows:

PART 101--FIXED MICROWAVE SERVICES

    1. The authority citation for part 101 is amended to read as 
follows:

    Authority: 47 U.S.C. 154, 303.

    2. Section 101.105 is amended by revising (c)(5) to read as 
follows:


Sec. 101.105  Interference protection criteria.

* * * * *
    (c) * * *
    (5) Multiple address frequencies in the 956.25-956.45 MHz bands may 
be assigned for use by mobile master stations on a primary basis. 
Multiple address frequencies in the 941.0-941.5 MHz bands that are 
licensed on a site-by-site basis and the 952 MHz bands may be assigned 
for use by primary mobile master stations on a case-by-case basis if 
the 956.25-956.45 MHz frequencies are unavailable. Multiple address 
mobile (master and remote) operation is permitted on frequencies 
licensed by geographic area subject to the interference protection 
criteria set forth in Sec. 101.1333, i.e., adjacent channel site-based 
licensees and co-channel operations in adjacent EAs. Mobile operation 
in the 959.85-960 MHz band is not permitted.
* * * * *

    3. Section 101.107(a) is amended by revising the table and revising 
footnotes (5) and (7) to read as follows:


Sec. 101.107  Frequency tolerance.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                       Frequency Tolerance (percent)
                                                         -------------------------------------------------------
                     Frequency (MHz)                        All fixed and    Mobile stations   Mobile stations 3
                                                            base stations      over 3 watts      watts or less
----------------------------------------------------------------------------------------------------------------
928 to 929 (2)(5).......................................           0.0005   .................  .................
932 to 932.5 (2)(5).....................................           0.00015  .................  .................
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
*                  *                  *                  *                  *                  *
   *
(5) Used for remote stations. For remotes with 12.5 KHz bandwidth or less, the tolerance is 0.00015%. Remote mobiles are only allowed in the portion of the 932-932.5 MHz band that is licensed by
  geographic area.
*                  *                  *                  *                  *                  *
   *
(7) For private operational fixed point-to-point microwave systems, with a channel greater than or equal to 50
  KHz bandwidth, 0.0005%; for multiple address master stations, regardless of bandwidth, 0.00015%; for multiple address remote stations with 12.5 KHz bandwidths or less, 0.00015%;
  for multiple address remote stations with channels greater than 12.5 KHz bandwidth, 0.0005%.
*                  *                  *                  *                  *                  *
   *

    4. Section 101.113(a) is amended by revising the first six rows as 
follows:


Sec. 101.113  Transmitter power limitations.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                                                     Maximum allowable EIRP (1)(2)
                       Frequency Band (MHz)                        -------------------------------
                                                                      Fixed (dBW)    Mobile (dBW)
--------------------------------------------------------------------------------------------------
928.0-929.0(2)....................................................             +17  ..............
932.0-932.5(2)....................................................             +17  ..............
932.5-935.0.......................................................             +40  ..............
941.0-941.5(2)....................................................             +30             +14
941.5-944.0.......................................................             +40  ..............
952.0-960.0(2)....................................................             +40             +14
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

* * * * *

    5. Section 101.135 is amended by revising paragraph (e) to read as 
follows:


Sec. 101.135  Shared use of radio stations and the offering of private 
carrier service.

* * * * *
    (e) Applicants licensed in the MAS frequencies after June 2, 2000, 
shall not provide service to others on a for-profit private carrier 
basis in the 928-928.85/952-952.85/956.25-956.45 MHz bands and the 
932.25-932.5/941.25-941.5 MHz bands.

    6. Section 101.147 is amended by revising note (28) in paragraph 
(a) and revising paragraph (b) introductory text to read as follows:


Sec. 101.147  Frequency assignments.

    (a) * * *

    (28) Licensees that obtain authorizations in the 928/952/956 MHz 
MAS bands subsequent to July 1, 1999 are limited to private internal 
services, as defined in Sec. 101.1305. Incumbent operations in the 
928/952/956 MHz MAS bands, as defined in Sec. 101.1331(a), are 
subject to grandfather rights pursuant to Sec. 101.1331. The 928.85-
929.0 MHz and 959.85-960.0 MHz bands are licensed on a geographic 
area basis with no eligibility restrictions. The 928.0-928.85 MHz 
band paired with the 952.0-952.85 MHz band, in addition to unpaired 
frequencies in the 956.25-956.45 MHz band, are licensed on a site-
by-site basis and used for terrestrial point-to-point and point-to-
multipoint fixed and limited mobile operations. The 928.85-929.0 MHz 
band paired with the 959.85-960.0 MHz band is licensed by Economic 
Area and used for terrestrial point-to-point and point-to-multipoint 
fixed operations.

* * * * *
    (b) Frequencies normally available for assignment in this service 
are set forth with applicable limitations in the following tables: 928-
960 MHz Multiple address system (MAS) frequencies are available for the 
point-to-multipoint and

[[Page 35111]]

point-to-point transmission of a licensee's products or services, 
excluding video entertainment material, to a licensee's customer or for 
its own internal communications. The paired frequencies listed in this 
section are used for two-way communications between a master station 
and remote stations. Ancillary one-way communications on paired 
frequencies are permitted on a case-by-case basis. Ancillary 
communications between interrelated master stations are permitted on a 
secondary basis. The normal channel bandwidth assigned will be 12.5 
kHz. EA licensees, however, may combine contiguous channels without 
limit or justification. Site-based licensees may combine contiguous 
channels up to 50 kHz, and more than 50 kHz only upon a showing of 
adequate justification. Any bandwidth (12.5 kHz, 25 kHz or greater) 
authorized in accordance with this section may be subdivided into 
narrower bandwidths to create additional (or sub) frequencies without 
the need to specify each discrete frequency within the specific 
bandwidth. Equipment that is used to create additional frequencies by 
narrowing bandwidth (whether authorized for a 12.5 kHz, 25 kHz or 
greater bandwidth) will be required to meet, at a minimum, the 
 0.00015 percent tolerance requirement so that all 
subfrequencies will be within the emission mask. Systems licensed for 
frequencies in these MAS bands prior to August 1, 1975, may continue to 
operate as authorized until June 11, 1996, at which time they must 
comply with current MAS operations based on the 12.5 kHz channelization 
set forth in this paragraph. Systems licensed between August 1, 1975, 
and January 1, 1981, inclusive, are required to comply with the 
grandfathered 25 kHz standard bandwidth and channelization requirements 
set forth in this paragraph. Systems originally licensed after January 
1, 1981, and on or before May 11, 1988, with bandwidths of 25 kHz and 
above, will be grandfathered indefinitely.
* * * * *

    7. Section 101.1307 is revised to read as follows:


Sec. 101.1307  Permissible communications.

    MAS users may engage in terrestrial point-to-point and point-to-
multi-point fixed and limited mobile operations.

    8. Section 101.1315 is revised to read as follows:


Sec. 101.1315  Service areas.

    In the frequency bands not licensed on a site-by-site basis, the 
geographic service areas for MAS are Economic Areas (EAs) which are 
defined by the Department of Commerce's Bureau of Economic Analysis, as 
modified by the Commission. The EAs will consist of 176 areas, which 
includes Guam and the Northern Marianas Islands, Puerto Rico and the 
United States Virgin Islands, American Samoa, and the Gulf of Mexico.

    9. Section 101.1331 is amended by revising paragraphs (a) and (b) 
to read as follows:


Sec. 101.1331  Treatment of incumbents.

    (a) Any MAS station licensed by the Commission prior to July 1, 
1999 in the 928.0-928.85 MHz/952.0-952.85 MHz/956.25-956.45 MHz and 
928.85-929.0 MHz/959.85-960.0 MHz bands, as well as assignments or 
transfers of such stations approved by the Commission and consummated 
as of January 19, 2000, shall be considered incumbent.
    (b) Incumbent operators in the 928.0-928.85 MHz/952.0-952.85 MHz/
956.25-956.45 MHz bands are grandfathered as of January 19, 2000, and 
may continue to operate and expand their systems pursuant to the 
interference protection and co-channel spacing criteria contained in 
Sec. 101.105.
    (1) MAS operators are prohibited from acquiring additional 
frequencies in the 928.0-928.85 MHz/952.0-952.85 MHz/956.25-956.45 MHz 
bands and the 932.25625-932.49375 MHz/941.25625-941.49375 MHz bands for 
the purpose of expanding private carrier service and from changing the 
use of their frequencies in any manner that is inconsistent with this 
part. Refer to Sec. 101.147 for designated uses.
    (2) Incumbent operators in the 928.0-928.85 MHz/952.0-952.85 MHz/
956.25-956.45 MHz bands will include incumbents as defined in 
Sec. 101.1331(a), as well as, their transferees and/or assignees and 
the successors of the transferees and/or assignees and retain their 
grandfathered status, provided that the use of the MAS frequencies 
remains unchanged from that of the transferor and/or assignor of the 
license.
* * * * *
[FR Doc. 01-16650 Filed 7-2-01; 8:45 am]
BILLING CODE 6712-01-