[Federal Register Volume 66, Number 177 (Wednesday, September 12, 2001)]
[Proposed Rules]
[Pages 47435-47443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22439]



[[Page 47435]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 01-146; RM-9966; FCC 01-199]


Amendment of Part 90 of the Commission's Rules and Policies for 
Applications and Licensing of Low Power Operations in the Private Land 
Mobile Radio 450-470 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes changes to the Commission's Rules 
concerning low power operations in the private land mobile radio (PLMR) 
450-470 MHz band. Many of these proposals reflect a consensus plan and 
are intended to address a diversity of low power communication 
requirements.

DATES: Comments are due on or before October 12, 2001; reply comments 
are due on or before November 13, 2001.

ADDRESSES: Comments should be filed to the Commission's Secretary, 
Magalie Roman Salas, Office of Secretary, Federal Communications 
Commission, 445 12th St., SW., Room TW-A325, Washington, DC 20554. 
Comments may also be filed using the Commission's Electronic Filing 
System, which can be accessed via the Internet at www.fcc.gov/e-file/ecfs.html.

FOR FURTHER INFORMATION CONTACT: Guy Benson, Esq. (202) 418-2946, 
[email protected]>, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, (NPRM), FCC 01-199 in WT Docket No. 01-146, 
adopted on July 2, 2001, and released on July 24, 2001. The full text 
of this document is available for public inspection and copying during 
regular business hours at the FCC Reference Information Center, Portals 
II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. This 
document may also be purchased from the Commission's duplicating 
contractor, Qualex International, Portals II, 445 12th Street, SW, Room 
CY-B402, Washington, DC, 20554, telephone 202-863-2893, facsimile 202-
863-2898, or via e-mail [email protected]. The full text may also be 
downloaded at: www.fcc.gov. Alternative formats are available to 
persons with disabilities by contacting Brian Millin at (202) 418-7426 
or TTY (202) 418-7365, [email protected].

Summary of the Notice of Proposed Rule Making

    1. Section 90.267 of the Commission's Rules provides that any 
regularly assignable channel in the 450-470 MHz PLMR band may be 
designated by the frequency coordinators as a low power channel in a 
defined geographic area. Low power stations authorized under this 
section are limited to two (2) watts output power. The Low Power Plan 
currently in effect designates 104 ``12.5 kHz offset'' channel pairs 
(hereinafter ``channel pairs'') for low power operation nationwide: 
ninety (90) in the Industrial/Business Pool and fourteen (14) in the 
Public Safety Pool. The 6.25 kHz ``drop in'' channels directly adjacent 
to each designated 12.5 kHz channel are also designated for low power 
use.
    2. On September 11, 2000, the Land Mobile Communications Council 
(LMCC) filed a Petition for Rule Making requesting the commencement of 
a proceeding to consider revisions to the Commission's Rules and 
policies for low power operations in the 450-470 MHz band. The LMCC is 
a non-profit association of organizations representing virtually all 
users of land mobile radio systems, providers of land mobile services, 
and manufacturers of land mobile radio equipment. LMCC's membership 
includes all of the Commission's certified part 90 frequency 
coordinators. The Petition for Rule Making reflects the LMCC's 
Consensus Plan for low power PLMR frequencies in 450-470 MHz band. This 
Notice of Proposed Rule Making seeks comment on the proposals set forth 
in the LMCC's Petition as well as other matters related to low power 
operations in the private land mobile radio (PLMR) 450-470 MHz band.
    3. For the ninety (90) Industrial/Business Pool channel pairs, the 
Commission proposes to adopt the LMCC's proposal to divide these 
channel pairs into four groups (A, B, C and D) each with differing 
technical and operational limitations. Group A consisting of fifty (50) 
channel pairs, would be allowed a maximum power of 20 watts ERP for 
base stations and 5 watts total power output (TPO) for mobile/portable 
units. In addition, antenna height for fixed stations would be 
restricted to 23 meters (75 feet above ground level). Forty (40) of the 
fifty (50) channel pairs in Group A would be designated for low power 
use only within 80 km (50 miles) of the top 100 urban areas. Outside of 
these areas, the 40 channel pairs would be available for use at higher 
power limits. The ten (10) remaining Group A channel pairs would be 
designated nationwide for low power (20 watts/5 watts) operation, and 
would not be available for higher power use outside the top 100 urban 
areas. The Commission seeks comment as to, where higher power is 
proposed outside the top 100 urban areas, whether an intermediate power 
(such as 21-100 watts) should be considered instead. The Commission 
also seeks comment on how to define the top 100 urban areas.
    4. Additionally, the Commission seeks comment on whether to amend 
the rules so that ten (10) Industrial/Business Pool channel pairs 
(Group B) would be restricted to low power non-voice operations, and 
whether voice operations should be allowed on a secondary, non-
interfering basis to data.
    5. The Commission also seeks comment on whether to amend the rules 
so that twenty-five (25) channel pairs (Group C) would be available for 
non-coordinated, itinerant use. Four of the frequencies that LMCC 
suggested for Group C, however, are currently designated under 47 
C.F.R. part 90 for dockside operations on a primary basis. These four 
frequencies are authorized for mobile operation for radio remote 
control and telemetering functions, and also may be operated in the 
continuous carrier transmit mode. We do not believe that sharing 
between these currently authorized uses and the proposed non-
coordinated, itinerant operations is advisable due to the potential for 
harmful interference. Consequently, we seek comment as to what 
alternate channels might replace the four frequencies listed by LMCC. 
Also, the Commission tentatively concludes that ten channel pairs that 
LMCC suggested for Group C should not be made available for such 
itinerant use until the end of the wireless medical telemetry 
transition period (October 2003).
    6. The Commission also seeks comment on LMCC's suggestion to retain 
current rules for the five (5) channel pairs that comprise Group D. 
Current rules designate these channels, in all areas or specified areas 
of the nation, for central station alarm use.
    7. For the fourteen (14) Public Safety Pool channel pairs, the 
Commission seeks comment on whether to amend the rules to increase the 
maximum operating power for the fourteen (14) channel pairs allocated 
to the Public Safety Pool to five (5) watts TPO.
    8. The Commission seeks comment on a number of issues related to 
LMCC's Petition/Consensus Plan and the Commission's low power rules and 
policies. For example, comment is sought on whether to amend the rules 
to codify the Consensus Plan. We also

[[Page 47436]]

ask questions about whether to use ``effective radiated power'' or 
``total power output'' for power limitations. The Commission seeks 
comment on whether to amend the rules to limit low power, non-voice 
communications to the ten channels in Group B, and whether Group A and/
or C channels should be designated primarily for voice operations, with 
non-voice operations authorized on a secondary basis in either group.
    9. Finally, the Commission seeks comment on how to treat entities 
licensed for high power operation (as well as other incumbents) on the 
channel pairs that are specifically designated for low power operation.

Regulatory Flexibility Act

    10. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the policies and 
rules proposed in the Notice of Proposed Rule Making. Written public 
comments are requested on the IRFA. Comments must be identified as 
responses to the IRFA and must be filed by the deadlines for comments 
on this Notice of Proposed Rule Making.

Reason for, and Objectives of, the R&O

    11. The Commission tasked the PLMR frequency coordinators to 
develop a plan for low power operations, through industry consensus, on 
what was formerly known as the 450-470 MHz low power offset channels. 
On June 4, 1997, the Land Mobile Communications Council (LMCC) filed 
this plan (Consensus Plan). Because the LMCC's Consensus Plan required 
changes to the Commission's Rules, on September 11, 2000, the LMCC 
submitted a petition for rule making in which it asks the Commission to 
adopt these rule changes. Therefore, the Commission proposes to amend 
part 90 of its rules in order to effectuate the changes suggested in 
the Consensus Plan.
    12. These rule changes are needed in order to facilitate the 
viability of important low power operations in the 450-470 MHz band. 
Previously, low power operators were licensed on channels that were 
12.5 kHz removed from regularly assignable channels in this band 
(``12.5 kHz offset channels''). These offset channels, however, were 
reclassified by the Commission for high power operation. Because of the 
continuing need for low power channels, we believe that implementation 
of the rule changes proposed in this Notice is in the public interest.

Legal Basis

    13. Authority for the proposed rules included in this issuance of 
this Notice is contained in Sections 1, 4(i), 302, 303(f), and (r), and 
332 of the Communications Act of 1934, as amended, 47 U.S.C. Secs. 1, 
154(i), 302, 303(f) and (r), and 332.

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

    14. 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 business concern'' 
under section 3 of 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 SBA. 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. Below, 
we further describe and estimate the number of small entity licensees 
and regulatees that may be affected by the proposed rules, if adopted.
    15. Public Safety radio services and Governmental entities. As a 
general matter, Public Safety Radio Pool licensees include police, 
fire, local government, forestry conservation, highway maintenance, and 
emergency medical services. The SBA rules contain a definition for 
small radiotelephone (wireless) companies, which encompasses business 
entities engaged in radiotelephone communications employing no more 
that 1,500 persons. There are a total of approximately 127,540 
licensees within these services. Governmental entities as well as 
private businesses comprise the licensees for these services. The RFA 
also includes small governmental entities as a part of the regulatory 
flexibility analysis. ``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 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, the Commission estimates that 81,600 
(91 percent) are small entities.
    16. Estimates for PLMR Licensees. Private land mobile radio 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 a definition of small entities specifically applicable to 
PLMR users, nor has the SBA developed any such definition. The SBA 
rules do, however, contain a definition for small radiotelephone 
(wireless) companies. Included in this definition are business entities 
engaged in radiotelephone communications employing no more that 1,500 
persons. According to the Bureau of the Census, only twelve 
radiotelephone firms of a total of 1,178 such firms which operated 
during 1992 had 1,000 or more employees. For the purpose of determining 
whether a licensee is a small business as defined by the SBA, each 
licensee would need to be evaluated within its own business area. The 
Commission's fiscal year 1994 annual report indicates that, at the end 
of fiscal year 1994, there were 1,101,711 licensees operating 
12,882,623 transmitters in the PLMR bands below 512 MHz.
    17. Equipment Manufacturers. The Commission anticipates that radio 
equipment manufacturers will be affected by the proposals 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. 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.

[[Page 47437]]

Reporting, Recordkeeping, and Other Compliance Requirements

    18. Reporting, record keeping, and compliance requirements under 
these proposed rules are nominal. No new reporting, recordkeeping, or 
other compliance requirements would be imposed on applicants or 
licensees as a result of the actions proposed in this rule making 
proceeding.

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

    19. 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: (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule or any part thereof for small 
entities.
    20. Regarding the proposal to increase the power limits and antenna 
height for low power users operating on the fifty channels in Group A, 
there should be no significant adverse impact on small entities. 
Although increasing the power and antenna height limits for low power 
users on these channels could decrease the number of operators possible 
in a given area, the Commission believes that the need for higher power 
and antenna height on these channels outweighs the potential losses. An 
alternative to this proposal would be to maintain the current power 
restriction of 2 watts output power and 7 meters antenna height, or 
impose power limitations less than 20 watts for base stations and 5 
watts for mobile/portable stations and less than 23 meters antenna 
height above ground level. These alternatives, however, would not 
address the need, especially in hostile communications areas, for more 
than 2 watts output power and antenna heights of 7 meters.
    21. In addition, regarding the proposal to designate 25 channels 
for low power, itinerant use in Group C, incumbent licensees, some of 
which may be small entities, could face interference from itinerant 
users that will not be required to coordinate their operations through 
a certified frequency coordinator. Such potential interference, 
however, is balanced against the need for itinerant operations in the 
PLMR services. In this connection, small businesses that require 
itinerant operations will be eligible for these channels and may 
benefit from the proposal. Although comment is sought as to how to 
treat incumbents generally in Group C, commenters should specifically 
discuss those incumbents that are considered to be small businesses.
    22. Regarding the proposal to require manufacturers of radios that 
are capable of working on these Group C channels to construct the 
radios so that they only work on these 25 channels and other UHF color 
dot and star dot frequencies, there should be no significant adverse 
impact on small entities. An alternative to this proposal would be to 
not require manufacturers to construct the radios so as to limit the 
frequencies that they are capable of working on. This alternative would 
not, however, help protect full power coordinated channels from 
additional co-channel conflicts that might occur from uncoordinated 
users.
    23. Regarding the proposal to allow 5 watts ERP for the fourteen 
channels in the Public Safety Pool, there should be no significant 
adverse impact on small entities. An alternative to this proposal would 
be to maintain the current limitation of 2 watts output power or to 
impose a power limitation of less than 5 watts ERP. Neither of these 
alternatives, however, would be sufficient to promote flexibility for 
Public Safety Pool licensees that require more than 2 watts output 
power for their operations.
    24. Finally, comment is sought on how the changes proposed in the 
Notice will effect small entities.

Report to Congress

    25. The Commission will send a copy of the NPRM, including this 
IRFA, in a report to be sent to Congress pursuant to the Small Business 
Regulatory Enforcement Fairness Act of 1996. In addition, the 
Commission will send a copy of the NPRM, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the NPRM and IRFA (or summaries thereof) will also be published in 
the Federal Register.

Administrative Matters

Ex Parte Rules--Permit-but-Disclose Proceeding

    26. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, if they are disclosed as provided in the 
Commission's Rules. See generally 47 CFR 1.1200(a), 1.1203, and 1.1206.

Alternative Formats

    27. Alternative formats (computer diskette, large print, audio 
cassette and Braille) are available from Brian Millin at (202) 418-
7426, TTY (202) 418-7365, or at [email protected]. This Notice can also 
be downloaded at http://www.fcc.gov/dtf/.

Pleading Dates

    28. Pursuant to Sections 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 October 12, 2001 and reply comments on or before November 13, 
2001. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS), http://www.fcc.gov/e-file/ecfs.html, or by filing 
paper copies. See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 Fed. Reg. 23,121 (1998).
    29. 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 your e-mail address>.'' A sample form and directions will be sent 
in reply.
    30. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appear 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, 445 
Twelfth Street, S.W., TW-A325, Washington, D.C. 20554.

Ordering Clauses

    31. Accordingly, It is ordered that, pursuant to Sections 1, 4(i), 
302, 303(f) and (r), and 332 of the Communications Act of 1934, as 
amended, 47 U.S.C. 1, 154(i), 302, 303(f) and (r), 332, the Petition 
for Rule Making filed by the Land Mobile Communications Council

[[Page 47438]]

on September 11, 2000, Is Granted to the extent indicated herein.
    32. It Is Further Ordered that, pursuant to Sections 1, 4(i), 302, 
303(f) and (r), and 332 of the Communications Act of 1934, as amended, 
47 U.S.C. 1, 154(i), 302, 303(f) and (r), 332, Notice is Hereby given 
of the proposed regulatory changes described in this Notice of Proposed 
Rule Making, and that Comment Is Sought on these proposals.
    33. It Is Further Ordered that the Commission's Consumer 
Information Bureau, Reference Information Center, Shall Send a copy of 
this Notice of Proposed Rule Making, WT Docket No. 01-146, including 
the Initial Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration in accordance with 
Section 603(a) of the Regulatory Flexibility Act.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
    For 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: Sections 4(i), 11, 303(g), 303(r) and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).

    2. Section 90.20 is amended as follows:
    A. The table in paragraph (c)(3) is amended by revising the entries 
for the following frequencies to include new limitation number 84 
(Note: In the final rule, we will set out the full entry for each 
frequency listed):


Sec. 90.20  Public Safety Pool.

* * * * *
    (c) * * *
    (3) * * *
    453.03125 MHz, 453.0375 MHz, 453.04375 MHz, 453.05625 MHz, 453.0625 
MHz, 453.06875 MHz, 453.08125 MHz, 453.0875 MHz, 453.09375 MHz, 
453.10625 MHz, 453.1125 MHz, 453.11875 MHz, 453.13125 MHz, 453.1375 
MHz, 453.14375 MHz, 453.88125 MHz, 453.8875 MHz, 453.89375 MHz, 
453.90625 MHz, 453.9125 MHz, 453.91875 MHz, 453.93125 MHz, 453.9375 
MHz, 453.94375 MHz, 453.95625 MHz, 453.9625 MHz, 453.96875 MHz, 
453.98125 MHz, 453.9875 MHz, 453.99375 MHz, 458.03125 MHz, 458.0375 
MHz, 458.04375 MHz, 458.05625 MHz, 458.0625 MHz, 458.06875 MHz, 
458.08125 MHz, 458.0875 MHz, 458.09375 MHz, 458.10625 MHz, 458.1125 
MHz, 458.11875 MHz, 458.13125 MHz, 458.1375 MHz, 458.14375 MHz, 
458.88125 MHz, 458.8875 MHz, 458.89375 MHz, 458.90625 MHz, 458.9125 
MHz, 458.91875 MHz, 458.93125 MHz, 458.9375 MHz, 458.94375 MHz, 
458.95625 MHz, 458.9625 MHz, 458.96875 MHz, 458.98125 MHz, 458.9875 
MHz, 458.99375 MHz, 460.48125 MHz, 460.4875 MHz, 460.49375 MHz, 
460.50625 MHz, 460.5125 MHz, 460.51875 MHz, 460.53125 MHz, 460.5375 
MHz, 460.54375 MHz, 460.55625 MHz, 460.5625 MHz, 460.56875 MHz, 
465.48125 MHz, 465.4875 MHz, 465.49375 MHz, 465.50625 MHz, 465.5125 
MHz, 465.51875 MHz, 465.53125 MHz, 465.5375 MHz, 465.54375 MHz, 
465.55625 MHz, 465.5625 MHz, 465.56875 MHz.
    B. A new paragraph (d)(84) is added to read as follows:


Sec. 90.20  Public Safety Pool.

* * * * *
    (d) * * *
    (84) These frequencies are low power frequencies governed by 
Sec. 90.267.
    3. Section 90.35(b)(3) is amended as follows:


Sec. 90.35  Industrial/Business Pool.

    A. The table in paragraph (b)(3) is amended by revising the entries 
for the following frequencies to include new limitation number 83 
(Note: In the final rule, we will set out the full entry for each 
frequency listed):
    451.18125 MHz, 451.1875 MHz, 451.19375 MHz, 451.23125 MHz, 451.2375 
MHz, 451.24375 MHz, 451.28125 MHz, 451.2875 MHz, 451.29375 MHz, 
451.30625 MHz, 451.3125 MHz, 451.31875 MHz, 451.33125 MHz, 451.3375 
MHz, 451.34375 MHz, 451.35625 MHz, 451.3625 MHz, 451.36875 MHz, 
451.38125 MHz, 451.3875 MHz, 451.39375 MHz, 451.40625 MHz, 451.4125 
MHz, 451.41875 MHz, 451.43125 MHz, 451.4375 MHz, 451.44375 MHz, 
451.45625 MHz, 451.4625 MHz, 451.46875 MHz, 451.48125 MHz, 451.4875 
MHz, 451.49375 MHz, 451.50625 MHz, 451.5125 MHz, 451.51875 MHz, 
451.53125 MHz, 451.5375 MHz, 451.54375 MHz, 451.55625 MHz, 451.5625 
MHz, 451.56875 MHz, 451.58125 MHz, 451.5875 MHz, 451.59375 MHz, 
451.60625 MHz, 451.6125 MHz, 451.61875 MHz, 451.63125 MHz, 451.6375 
MHz, 451.64375 MHz, 451.65625 MHz, 451.6625 MHz, 451.66875 MHz, 
451.68125 MHz, 451.6875 MHz, 451.69375 MHz, 451.70625 MHz, 451.7125 
MHz, 451.71875 MHz, 451.73125 MHz, 451.7375 MHz, 451.74375 MHz, 
451.75625 MHz, 451.7625 MHz, 451.76875 MHz, 452.03125 MHz, 452.0375 
MHz, 452.04375 MHz, 452.05625 MHz, 452.0625 MHz, 452.06875 MHz, 
452.08125 MHz, 452.0875 MHz, 452.09375 MHz, 452.10625 MHz, 452.1125 
MHz, 452.11875 MHz, 452.13125 MHz, 452.1375 MHz, 452.14375 MHz, 
452.15625 MHz, 452.1625 MHz, 452.16875 MHz, 452.18125 MHz, 452.1875 
MHz, 452.19375 MHz, 452.28125 MHz, 452.2875 MHz, 452.29375 MHz, 
452.30625 MHz, 452.3125 MHz, 452.31875 MHz, 452.40625 MHz, 452.4125 
MHz, 452.41875 MHz, 452.48125 MHz, 452.4875 MHz, 452.49375 MHz, 
452.50625 MHz, 452.5125 MHz, 452.51875 MHz, 452.53125 MHz, 452.5375 
MHz, 452.54375 MHz,

452.63125 MHz, 452.6375 MHz, 452.64375 MHz, 452.65625 MHz, 452.6625 
MHz, 452.66875 MHz, 452.68125 MHz, 452.6875 MHz, 452.69375 MHz, 
452.70625 MHz, 452.7125 MHz, 452.71875 MHz, 452.75625 MHz, 452.7625 
MHz, 452.76875 MHz, 452.78125 MHz, 452.7875 MHz, 452.79375 MHz, 
452.80625 MHz, 452.8125 MHz, 452.81875 MHz, 452.83125 MHz, 452.8375 
MHz, 452.84375 MHz, 452.85625 MHz, 452.8625 MHz, 452.86875 MHz, 
452.88125 MHz, 452.8875 MHz, 452.89375 MHz, 452.98125 MHz, 452.9875 
MHz, 452.99375 MHz, 456.18125 MHz, 456.1875 MHz, 456.19375 MHz, 
456.23125 MHz, 456.2375 MHz, 456.24375 MHz, 456.28125 MHz, 456.2875 
MHz, 456.29375 MHz, 456.30625 MHz, 456.3125 MHz, 456.31875 MHz, 
456.33125 MHz, 456.3375 MHz, 456.34375 MHz, 456.35625 MHz, 456.3625 
MHz, 456.36875 MHz, 456.38125 MHz, 456.3875 MHz, 456.39375 MHz, 
456.40625 MHz, 456.4125 MHz, 456.41875 MHz, 456.43125 MHz, 456.4375 
MHz, 456.44375 MHz, 456.45625 MHz, 456.4675 MHz, 456.46875 MHz, 
456.48125 MHz, 456.4875 MHz, 456.49375 MHz, 456.50625 MHz, 456.5125 
MHz, 456.51875 MHz, 456.53125 MHz, 456.5375 MHz, 456.54375 MHz, 
456.55625 MHz, 456.5625 MHz, 456.56875 MHz, 456.58125 MHz,

[[Page 47439]]

456.5875 MHz, 456.59375 MHz, 456.60625 MHz, 456.6125 MHz, 456.61875 
MHz, 456.63125 MHz, 456.6375 MHz, 456.64375 MHz, 456.65625 MHz, 
456.6625 MHz, 456.66875 MHz, 456.68125 MHz, 456.6875 MHz, 456.69375 
MHz, 456.70625 MHz, 456.7125 MHz, 456.71875 MHz, 456.73125 MHz, 
456.7375 MHz, 456.74375 MHz, 456.75625 MHz, 456.7625 MHz, 456.76875 
MHz, 457.03125 MHz, 457.0375 MHz, 457.04375 MHz, 457.05625 MHz, 
457.0625 MHz, 457.06875 MHz,

457.08125 MHz, 457.0875 MHz, 457.09375 MHz, 457.10625 MHz, 457.1125 
MHz, 457.11875 MHz, 457.13125 MHz, 457.1375 MHz, 457.14375 MHz, 
457.15625 MHz, 457.1625 MHz, 457.16875 MHz, 457.18125 MHz, 457.1875 
MHz, 457.19375 MHz, 457.28125 MHz, 457.2875 MHz, 457.29375 MHz, 
457.30625 MHz, 457.3125 MHz, 457.31875 MHz, 457.40625 MHz, 457.4125 
MHz, 457.41875 MHz, 457.48125 MHz, 457.4875 MHz, 457.49375 MHz, 
457.50625 MHz, 457.5125 MHz, 457.51875 MHz, 457.53125 MHz, 457.5375 
MHz, 457.54375 MHz, 457.63125 MHz, 457.6375 MHz, 457.64375 MHz, 
457.65625 MHz, 457.6625 MHz, 457.66875 MHz, 457.68125 MHz, 457.6875 
MHz, 457.69375 MHz, 457.70625 MHz, 457.7125 MHz, 457.71875 MHz, 
457.75625 MHz, 457.7625 MHz, 457.76875 MHz, 457.78125 MHz, 457.7875 
MHz, 457.79375 MHz, 457.80625 MHz, 457.8125 MHz, 457.81875 MHz, 
457.83125 MHz, 457.8375 MHz, 457.84375 MHz, 457.85625 MHz, 457.8625 
MHz, 457.86875 MHz, 457.88125 MHz, 457.8875 MHz, 457.89375 MHz, 
457.98125 MHz, 457.9875 MHz, 457.99375 MHz, 460.90625 MHz, 460.9125 
MHz, 460.91875 MHz, 460.93125 MHz, 460.9375 MHz, 460.94375 MHz, 
460.95625 MHz, 460.9625 MHz, 460.96875 MHz, 460.98125 MHz, 460.9875 
MHz, 460.99375 MHz, 461.00625 MHz, 461.0125 MHz, 461.01875 MHz, 
461.03125 MHz, 461.0375 MHz, 461.04375 MHz, 461.05625 MHz, 461.0625 
MHz, 461.06875 MHz, 461.08125 MHz, 461.0875 MHz, 461.09375 MHz, 
461.10625 MHz, 461.1125 MHz, 461.11875 MHz, 461.13125 MHz, 461.1375 
MHz, 461.14375 MHz, 461.15625 MHz, 461.1625 MHz, 461.16875 MHz, 
461.18125 MHz, 461.1875 MHz, 461.19375 MHz, 461.20625 MHz, 461.2125 
MHz, 461.21875 MHz,

461.23125 MHz, 461.2375 MHz, 461.24375 MHz, 461.25625 MHz, 461.2625 
MHz, 461.26875 MHz, 461.28125 MHz, 461.2875 MHz, 461.29375 MHz, 
461.30625 MHz, 461.3125 MHz, 461.31875 MHz, 461.33125 MHz, 461.3375 
MHz, 461.34375 MHz, 461.35625 MHz, 461.3625 MHz, 461.36875 MHz, 
462.18125 MHz, 462.1875 MHz, 462.19375 MHz, 462.20625 MHz, 462.2125 
MHz, 462.21875 MHz, 462.23152 MHz, 462.2375 MHz, 462.24375 MHz, 
462.25625 MHz, 462.2625 MHz, 462.26875 MHz, 462.28125 MHz, 462.2875 
MHz, 462.29375 MHz, 462.30625 MHz, 462.3125 MHz, 462.31875 MHz, 
462.33125 MHz, 462.3375 MHz, 462.34375 MHz, 462.35625 MHz, 462.3625 
MHz, 462.36875 MHz, 462.38125 MHz, 462.3875 MHz, 462.39375 MHz, 
462.40625 MHz, 462.4125 MHz, 462.41875 MHz, 462.43125 MHz, 462.4375 
MHz, 462.44375 MHz, 462.45625 MHz, 462.4625 MHz, 462.46875 MHz, 
462.48125 MHz, 462.4875 MHz, 462.49375 MHz, 462.50625 MHz, 462.5125 
MHz, 462.51875 MHz, 462.8625 MHz, 462.8875 MHz,

462.9125 MHz, 464.48125 MHz, 464.4875 MHz, 464.5125 MHz, 464.51875 MHz, 
464.53125 MHz, 464.5375 MHz, 464.5625 MHz, 464.56875 MHz, 465.90625 
MHz, 465.9125 MHz, 465.91875 MHz, 465.93125 MHz, 465.9375 MHz, 
465.94375 MHz, 465.95625 MHz, 465.9625 MHz, 465.96875 MHz, 465.98125 
MHz, 465.9875 MHz, 465.99375 MHz, 466.00625 MHz, 466.0125 MHz, 
466.01875 MHz, 466.03125 MHz, 466.0375 MHz, 466.04375 MHz, 466.05625 
MHz, 466.0625 MHz, 466.06875 MHz, 466.08125 MHz, 466.0875 MHz, 
466.09375 MHz, 466.10625 MHz, 466.1125 MHz, 466.11875 MHz, 466.13125 
MHz, 466.1375 MHz, 466.14375 MHz, 466.15625 MHz, 466.1625 MHz, 
466.16875 MHz, 466.18125 MHz,

466.1875 MHz, 466.19375 MHz, 466.20625 MHz, 466.2125 MHz, 466.21875 
MHz, 466.23125 MHz, 466.2375 MHz, 466.24375 MHz, 466.25625 MHz, 
466.2625 MHz, 466.26875 MHz, 466.28125 MHz, 466.2875 MHz, 466.29375 
MHz, 466.30625 MHz, 466.3125 MHz, 466.31875 MHz, 466.33125 MHz, 
466.3375 MHz, 466.34375 MHz, 466.35625 MHz, 466.3625 MHz, 466.36875 
MHz, 467.18125 MHz, 467.1875 MHz, 467.19375 MHz, 467.20625 MHz, 
467.2125 MHz, 467.21875 MHz, 467.23152 MHz, 467.2375 MHz, 467.24375 
MHz, 467.25625 MHz, 467.2625 MHz, 467.26875 MHz, 467.28125 MHz, 
467.2875 MHz, 467.29375 MHz, 467.30625 MHz, 467.3125 MHz, 467.31875 
MHz, 467.33125 MHz, 467.3375 MHz, 467.34375 MHz, 467.35625 MHz, 
467.3625 MHz, 467.36875 MHz, 467.38125 MHz, 467.3875 MHz, 467.39375 
MHz, 467.40625 MHz, 467.4125 MHz, 467.41875 MHz, 467.43125 MHz, 
467.4375 MHz, 467.44375 MHz, 467.45625 MHz, 467.4675 MHz, 467.46875 
MHz, 467.48125 MHz, 467.4875 MHz, 467.49375 MHz, 467.50625 MHz, 
467.5125 MHz, 467.51875 MHz, 467.8625 MHz, 467.8875 MHz, 467.9125 MHz, 
469.48125 MHz, 469.4875 MHz, 469.5125 MHz, 469.51875 MHz, 469.53125 
MHz, 469.5375 MHz, 469.5625 MHz, 469.56875 MHz.
    B. A new paragraph (c)(83) is added to read as follows:


Sec. 90.35  Industrial/business pool.

* * * * *
    (c) * * *
    (83) These frequencies are low power frequencies governed by 
Sec. 90.267.
    4. Section 90.35 is amended by revising paragraph (c)(67) to read 
as follows:


Sec. 90.35  Industrial/Business Pool.

* * * * *
    (c) * * *
    (67) Use of this frequency is on a secondary basis and subject to 
the provisions of Sec. 90.267(a)(4), (a)(7), (a)(8) and (a)(9).
    5. Section 90.203 is amended by adding paragraph (m) to read as 
follows:


Sec. 90.203  Certification required.

* * * * *
    (m) Transmitters for use on low power itinerant channels must be 
certificated, in accordance with the provisions of Part 2 of the 
Commission's Rules, and designed so that their operation is limited to 
the frequencies listed in Sec. 90.267(a)(4) and/or frequencies 464.500 
MHz, 464.550 MHz, 467.850 MHz, 467.875 MHz, 467.900 MHz , and 467.925 
MHz.
    6. Section 90.267 is amended by revising paragraph (a) to read as 
follows:


Sec. 90.267  Assignment and use of frequencies in the 450-470 MHz band 
for low power use.

    (a) The following frequencies between 450-470 MHz are designated 
for low-power use subject to the provisions of this section. Pairs are 
shown but single frequencies are available for simplex operations.

[[Page 47440]]

    (1) Group A1 Frequencies. The Industrial/Business Pool frequencies 
listed in Group A1 are available on a coordinated basis, pursuant to 
Sec. 90.35(b)(2) and Sec. 90.175(b), as follows:
    (i) Within 80 kilometers of the top [xxx] urban areas, operation on 
these frequencies is limited to 5 watts output power for mobile 
stations and 20 watts effective radiated power for fixed stations. A 
maximum antenna height of 23 meters (75 feet) above ground is 
authorized for fixed stations.
    (ii) Outside 80 kilometers of the top [xxx] urban areas, operation 
on these frequencies is available for full power operation pursuant to 
the power and antenna height limits listed in Sec. 90.205.

         Industrial/Business Pool Group A1 Low Power Frequencies
------------------------------------------------------------------------
 
------------------------------------------------------------------------
       451.18125          451.58125         452.10625         452.70625
       456.18125          456.58125         457.10625         457.70625
       451.1875           451.5875          452.1125          452.7125
       456.1875           456.5875          457.1125          457.7125
       451.19375          451.59375         452.11875         452.71875
       456.19375          456.59375         457.11875         457.71875
       451.28125          451.60625         452.13125         452.78125
       456.28125          456.60625         457.13125         457.78125
       451.2875           451.6125          452.1375          452.7875
       456.2875           456.6125          457.1375          457.7875
       451.29375          451.61875         452.14375         452.79375
       456.29375          456.61875         457.14375         457.79375
       451.30625          451.65625         452.15625         452.80625
       456.30625          456.65625         457.15625         457.80625
       451.3125           451.6625          452.1625          452.8125
       456.3125           456.6625          457.1625          457.8125
       451.31875          451.66875         452.16875         452.81875
       456.31875          456.66875         457.16875         457.81875
       451.35625          451.68125         452.18125         452.83125
       456.35625          456.68125         457.18125         457.83125
       451.3625           451.6875          452.1875          452.8375
       456.3625           456.6875          457.1875          457.8375
       451.36875          451.69375         452.19375         453.84375
       456.36875          456.69375         457.19375         457.84375
       451.38125          451.70625         452.28125         452.88125
       456.38125          456.70625         457.28125         457.88125
       451.3875           451.7125          452.2875          452.8875
       456.3875           456.7125          457.2875          457.8875
       451.39375          451.71875         452.29375         452.89375
       456.39375          456.71875         457.29375         457.89375
       451.40625          451.73125         452.48125         452.98125
       456.40625          456.73125         457.48125         457.98125
       451.4125           451.7375          452.4875          452.9875
       456.4125           456.7375          457.4875          457.9875
       451.41875          451.74375         452.49375         452.99375
       456.41875          456.74375         457.49375         457.99375
       451.45625          451.75625         452.53125         462.18125
       456.45625          456.75625         457.53125         467.18125
       451.4625           451.7625          452.5375          462.1875
       456.4625           456.7625          457.5375          467.1875
       451.46875          451.76825         452.54375         462.19375
       456.46875          456.76875         457.54375         467.19375
       451.48125          452.03125         452.63125         462.45625
       456.48125          457.03125         457.63125         467.45625
       451.4875           452.0375          452.6375          462.4625
       456.4875           457.0375          457.6375          467.4625
       451.49375          452.04375         452.64375         462.46875
       456.49375          457.04375         457.64375         467.46875
       451.50625          452.05625         452.65625         462.48125
       456.50625          457.05625         457.65625         467.48125
       451.5152           452.0625          452.6625          462.4875
       456.5125           457.0625          457.6625          467.4875
       451.51875          452.06875         452.66875         462.49375
       456.51875          457.06875         457.66875         467.49375
       451.55625          452.08125         452.68125         462.50625
       456.55625          457.08125         457.68125         467.50625
       451.5625           452.0875          452.6875          462.5125
       456.5625           457.0875          457.6875          467.5125
       451.56875          452.09375         452.69375         462.51875
       456.56875          457.09375         457.69375         467.51875
------------------------------------------------------------------------

    (2) Group A2 Frequencies. The Industrial/Business Pool frequencies 
listed in Group A2 are available nationwide on a coordinated basis, 
pursuant to Sec. 90.35(b)(2) and Sec. 90.175(b). Operation on these 
frequencies is limited to 5 watts output power for mobile stations and 
20 watts effective radiated power for fixed stations. A maximum antenna 
height of 23 meters (75 feet) above ground is authorized for fixed 
stations.

[[Page 47441]]



         Industrial/Business Pool Group A2 Low Power Frequencies
------------------------------------------------------------------------
 
------------------------------------------------------------------------
       451.23125          451.53125         452.40625         452.85625
       456.23125          456.53125         457.40625         457.85625
       451.2375           451.5375          452.4125          452.8625
       456.2375           456.5375          457.4125          457.8625
       451.24375          451.54375         452.41875         452.86875
       456.24375          456.54375         457.41875         457.86875
       451.33125          451.63125         452.50625
       456.33125          456.63125         457.50625
       451.3375           451.6375          452.5125
       456.3375           456.6375          457.5125
       451.34375          451.64375         452.51875
       456.34375          456.64375         457.51875
       451.43125          452.30625         452.75625
       456.43125          457.30625         457.75625
       451.4375           452.3125          452.7625
       456.4375           457.3125          457.7625
       451.44375          452.31875         452.76875
       456.44375          457.31875         457.76875
------------------------------------------------------------------------

    (3) Group B Frequencies. The Industrial/Business Pool frequencies 
listed in Group B are available nationwide on a coordinated basis, 
pursuant to Sec. 90.35(b)(2) and Sec. 90.175(b), for data operations. 
Operation on these frequencies is limited to 2 watts output power for 
mobile or fixed stations. A maximum antenna height of 23 meters (75 
feet) above ground is authorized for fixed stations.

         Industrial/Business Pool Group B Low Power Frequencies
------------------------------------------------------------------------
 
------------------------------------------------------------------
        462.20625             462.28125             462.35625
        467.20625             467.28125             467.35625
        462.2125              462.2875              462.3625
        467.2125              467.2875              467.3625
        462.21875             462.29375             462.36875
        467.21875             467.29375             467.36875
        462.23152             462.30625             462.38125
        467.23152             467.30625             467.38125
        462.2375              462.3125              462.3875
        467.2375              467.3125              467.3875
        462.24375             462.31875             462.39375
        467.24375             467.31875             467.39375
        462.25625             462.33125             462.40625
        467.25625             467.33125             467.40625
        462.2625              462.3375              462.4125
        467.2625              467.3375              467.4125
        462.26875             462.34375             462.41875
        467.26875             467.34375             467.41875
------------------------------------------------------------------------

    (4) Group C Frequencies. The Industrial/Business Pool frequencies 
listed in Group C are available nationwide for non-coordinated 
itinerant use. Operation on these frequencies is limited to 2 watts 
output power for mobile or fixed stations. A maximum antenna height of 
7 meters (20 feet) above ground is authorized for fixed stations. The 
frequencies in Group C that are subject to the provisions of 
Sec. 90.35(c)(67) will not be available for itinerant use until October 
17, 2003.

         Industrial/Business Pool Group C Low Power Frequencies
------------------------------------------------------------------------
 
------------------------------------------------------------------------
       461.03125          461.15625         461.28125
       466.03125          466.15625         466.28125
       461.0375           461.1625          461.2875          462.8625
       466.0375           466.1625          466.2875          467.8625
       461.04375          461.16875         461.29375         462.8875
       466.04375          466.16875         466.29375         467.8875
       461.05625          461.18125         461.30625         462.9125
       466.05625          466.18125         466.30625         467.9125
       461.0625           461.1875          461.3125          464.48125
       466.0625           466.1875          466.3125          469.48125
       461.06875          461.19375         461.31875         464.4875
       466.06875          466.19375         466.31875         469.4875
       461.08125          461.20625         461.33125         464.5125
       466.08125          466.20625         466.33125         469.5125
       461.0875           461.2125          461.3375          464.51875
       466.0875           466.2125          466.3375          469.51875
       461.09375          461.21875         461.34375         464.53125
       466.09375          466.21875         466.34375         469.53125
       461.10625          461.23125         461.35625         464.5375

[[Page 47442]]

 
       466.10625          466.23125         466.35625         469.5375
       461.1125           461.2375          461.3625          464.5625
       466.1125           466.2375          466.3625          469.5625
       461.11875          461.24375         461.36875         464.56875
       466.11875          466.24375         466.36875         469.56875
       461.13125          461.25625
       466.13125          466.25625
       461.1375           461.2625
       466.1375           466.2625
       461.14375          461.26875
       466.14375          466.26875
------------------------------------------------------------------------

    (5) Group D Frequencies. The Industrial/Business Pool frequencies 
listed in Group D are available for central station alarm operations in 
urban areas as defined in Sec. 90.35(c)(63) and Sec. 90.35(c)(64). 
Central alarm stations may utilize antennas mounted not more than 7 
meters (20 feet) above a man-made supporting structure. Outside the 
urban areas described in Sec. 90.35(c)(63), Group D frequencies are 
available for general industrial/business use on a coordinated basis, 
pursuant to Sec. 90.35(b)(2) and Sec. 90.175(b). Non-central station 
alarm operation on these frequencies is limited to 2 watts output power 
for mobile or fixed stations. Non-central station alarm stations are 
limited to a maximum antenna height of 7 meters (20 feet) above ground.

         Industrial/Business Pool Group D Low Power Frequencies
------------------------------------------------------------------------
 
------------------------------------------------------------------------
           460.90625                460.95625                461.00625
           465.90625                465.95625                466.00625
           460.9125                 460.9625                 461.0125
           465.9125                 465.9625                 466.0125
           460.91875                460.96875                461.01875
           466.91875                465.96875                466.01875
           460.93125                460.98125
           465.93125                465.98125
           460.9375                 460.9875
           465.9375                 465.9875
           460.94375                460.99375
           465.94375                465.99375
------------------------------------------------------------------------

    (6) Low Power Public Safety Frequencies. The frequencies listed in 
the Public Safety Pool Low Power Group are available nationwide on a 
coordinated basis, pursuant to Sec. 90.20(c)(2) and Sec. 90.175(b). 
Operation on these frequencies is limited to 5 watts output power for 
mobile or fixed stations. A maximum antenna height of 7 meters (20 
feet) above ground is authorized for fixed stations.

                Public Safety Pool Low Power Frequencies
------------------------------------------------------------------------
 
------------------------------------------------------------------------
       453.03125          453.13125         453.95625         460.53125
       458.03125          458.13125         458.95625         465.53125
       453.0375           453.1375          453.9625          460.5375
       458.0375           458.1375          458.9625          465.5375
       453.04375          453.14375         453.96875         460.54375
       458.04375          458.14375         458.96875         465.54375
       453.05625          453.88125         453.98125         460.55625
       458.05625          458.88125         458.98125         465.55625
       453.0625           453.8875          453.9875          460.5625
       458.0625           458.8875          458.9875          465.5625
       453.06875          453.89375         453.99375         460.56875
       458.06875          458.89375         458.99375         465.56875
       453.08125          453.90625         460.48125
       458.08125          458.90625         465.48125
       453.0875           453.9125          460.4875
       458.0875           458.9125          465.4875
       453.09375          453.91875         460.49375
       458.09375          458.91875         465.49375
       453.10625          453.93125         460.50625
       458.10625          458.93125         465.50625
       453.1125           453.9375          460.5125
       458.1125           458.9375          465.5125
       453.11875          453.94375         460.51875
       458.11875          458.94375         465.51875
------------------------------------------------------------------------

    (7) Wide area operations will not be authorized. The area of normal 
day-to-day operations will be described in the application in terms of 
maximum distance from a geographic center (latitude and longitude).

[[Page 47443]]

    (8) A hospital or health care institution holding a license to 
operate a radio station under this part may operate a medical radio 
telemetry device with an output power not to exceed 20 milliwatts 
without specific authorization from the Commission. All licensees 
operating under this authority must comply with the requirements and 
limitations set forth in this section.
    (9) Antennas of mobile stations used as fixed stations 
communicating with one or more associated stations located within 
degrees of azimuth shall be directional and have a front to back ratio 
of at least 15 dB.
    (i) No limit shall be placed on the length or height above ground 
level of any commercially manufactured radiating transmission line when 
the transmission line is terminated in a non-radiating load and is 
routed at least 7 meters (20 feet) interior to the edge of any 
structure or is routed below ground level.
    (ii) Sea-based stations may utilize antennas mounted not more than 
7 meters (20 feet) above a man-made supporting structure, including 
antenna structures.
* * * * *
[FR Doc. 01-22439 Filed 9-11-01; 8:45 am]
BILLING CODE 6712-01-P