[Federal Register Volume 67, Number 146 (Tuesday, July 30, 2002)]
[Rules and Regulations]
[Pages 49244-49246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19179]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 27

[WT Docket No. 99-168; FCC 02-204]


Service Rules for the 746-764 and 776-794 MHz Bands

AGENCY: Federal Communications Commission.

ACTION: Final rule, petitions for reconsideration.

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SUMMARY: This document responds to public safety concerns, in resolving 
two petitions for reconsideration filed in this proceeding. The 
document establishes mandatory coordination zones near public safety 
base stations, within which commercial base station operators will be 
required to coordinate their operations with public safety licensees. 
In adopting this document, the Commission intends to establish an 
anticipatory, rather than reactive, process for controlling 
interference to public safety operators in the upper 700 MHz band.

DATES: Effective July 30, 2002.

FOR FURTHER INFORMATION CONTACT: Stanley Wiggins, Attorney Advisor, 
202-418-1310.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Memorandum Opinion and Order (MO&O) in WT Docket No. 99-168; FCC 02-
204, adopted July 2, 2002, and released July 12, 2002. The complete 
text of this M O&O is available for inspection and copying during 
normal business hours in the FCC Reference Information Center, 
Courtyard Level, 445 12th Street, SW., Washington, DC, and also may be 
purchased from the Commission's copy 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 at 
[email protected]. Alternative formats (computer diskette, large print, 
audio cassette, and Braille) are available to persons with disabilities 
by contacting Brian Millin at 202-418-7426, TTY 202-418-7365, or at 
[email protected].

Synopsis of the Third Memorandum Opinion and Order

    1. The Commission, in this Third Memorandum Opinion and Order 
(MO&O) continues its efforts to ensure the capabilities and 
responsiveness of both public safety and commercial wireless services 
in emergency situations. The MO&O responds to two petitions for 
reconsideration of the Second Memorandum Opinion and

[[Page 49245]]

Order (66 FR 4035, February 6, 2001) filed by the National Public 
Safety Telecommunications Council (NPSTC) and the Public Safety 
Wireless Network.
    2. Specifically, the MO&O establishes ``mandatory coordination 
zones'' near public safety base stations, within which commercial base 
station operators will be required to coordinate their facility 
decisions with public safety licensees. This will establish an 
anticipatory, rather than reactive process for controlling interference 
to public safety operators in the upper 700 MHz band. The MO&O also 
reflects the Commission's interest in exploring measures that would 
approach the other side of the interference issue, providing for more 
robust public safety signals rather than simply constraining Commercial 
Mobile Radio Service (CMRS) signals.
    3. NTPSC requests that the Commission restore the original 700 MHz 
band plan's limitation of commercial base stations to the lower band, 
and argues in favor of substantially more stringent out-of-band 
emission (OOBE) limits. The MO&O concludes that commercial base station 
transmitters should continue to be permitted in the upper band and that 
more stringent OOBE limits are not required to protect public safety 
operations. This discussion may be found in paragraphs 10 through 23 of 
the full text of the MO&O.
    4. The Commission does, however, recognize the public safety 
community's concern over the substantially greater burdens of 
resolving, rather than preventing, instances of problematic 
interference. The Commission determines, therefore, that additional 
anticipatory protections should be adopted to minimize the possibility 
for base-to-base interference. The Commission, in the MO&O, thus 
establishes a ``mandatory coordination zone'' surrounding 700 MHz 
public safety base stations, and will require any commercial 700 MHz 
carrier to coordinate with the public safety community any base 
stations planned within that zone. If a commercial carrier has already 
begun operating a base station within the ``mandatory coordination 
zone'' of a future public safety base station, the carrier must 
coordinate the operation of its base station with the licensee of any 
such public safety base station and relocate or modify the CMRS base 
station if necessary. Details of the ``mandatory coordination zone'' 
may be found in paragraphs 17 through 19 of the MO&O and in the ``Rule 
Changes'' section of this summary.
    5. NPTSC also recommends that the Commission adopt a position of 
``zero tolerance of interference to public safety.'' The Commission, as 
discussed in paragraphs 24 through 27 of the MO&O, declines to revise 
the 700 MHz service rules to adopt a ``zero tolerance'' approach as a 
means for limiting the effects of out-of-band interference, because the 
present 700 MHz band service rules establish a much more stringently 
protected environment for public safety operations than the service 
rules applicable to other bands. The ``zero tolerance'' approach would 
replace the Commission's traditional reliance on actual interference as 
a basis for mitigation measures with an anticipatory standard that 
would be both overbroad in concept and imprecise in application.
    6. Finally, the MO&O expresses the Commission's interest in 
exploring proposals to increase public safety signal strength levels in 
the upper 700 MHz band. As indicated in paragraph 30 of the MO&O, 
should the public safety community wish to consider revising public 
safety signal strength standards governing public safety operators in 
the Upper 700 MHz band, the Commission would be receptive to 
considering such proposals.

Administrative Matters

    7. The MO&O adopts a coordination regulation which constitutes a 
``third party contact'' burden as defined by the Paperwork Reduction 
Act of 1995. Section 213 of the Consolidated Appropriation Act, 2000 
states that the Regulatory Flexibility Act (as well as certain 
provisions of the Contract with America Advancement Act of 1996 and the 
Paperwork Reduction Act of 1995) shall not apply to the rules and 
competitive bidding procedures governing the frequencies in the 746-806 
MHz band (currently used for television broadcasts on channels 60-69). 
In particular, this exemption extends to the requirements imposed by 
Chapter 6 of Title 5, United States Code, Section 3 of the Small 
Business Act (15 U.S.C. 632) and section 3507 and 3512 of Title 44 
United States Code. Consolidated Appropriations Act, 2000. Public Law 
106-113, 113 Stat. 2502, Appendix E, section 213(a)(4)(A)-(B); See 145 
Cong. Rec. H12493-94 (November 17, 1999); 47 U.S.C.A section 337, note 
at section 213(a)(4)(A)-(B).

    8. Authority. This action is taken pursuant to Sections 1, 4(i), 7, 
10, 201, 202, 208, 214, 301, 303, 307, 308, 309(j), 309(k), 310, 311, 
315, 316, 317, 319, 324, 331, 332, 336, 337 and 614 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 157, 
160, 201, 202, 208, 214, 301, 303, 307, 308, 309(j), 309(k), 310, 311, 
315, 316, 317, 319, 324, 331, 332, 336, 337, and 534, and the 
Consolidated Appropriations Act, 2000, Public Law 106-113, 113 Stat. 
1501, Section 213.

Ordering Clauses

    9. Part 27 of the Commission's Rules is revised as set forth in the 
Rule Changes section of this summary, and, in accordance with Section 
213 of the Consolidated Appropriations Act, 2000, Public Law 106-113, 
113 Stat. 1501 (1999), these rules shall be effective July 30, 2002.
    10. The Petitions for Reconsideration filed by the National Public 
Safety Telecommunications Council and the Public Safety Wireless 
Network are denied as indicated in this summary.
    11. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this MO&O, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 27

    Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, 47 CFR part 27 is 
amended to read as follows:

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

    1. The authority citation for part 27 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337 unless otherwise noted.


    2. Section 27.303 is added to read as follows:


Sec. 27.303  Upper 700 MHz commercial and public safety coordination 
zone.

    (a) General. CMRS operators are required, prior to commencing 
operations on fixed or base station transmitters on the 777-792 MHz 
band that are located within 500 meters of existing or planned public 
safety base station receivers, to submit a description of their 
proposed facility to a Commission-approved public safety coordinator.
    (1) The description must include, at a minimum;
    (i) The frequency or frequencies on which the facility will 
operate;

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    (ii) Antenna location and height;
    (iii) Type of emission;
    (iv) Effective radiated power;
    (v) A description of the area served and the operator's name.
    (2) It is the CMRS operator's responsibility to determine whether 
referral is required for stations constructed in its area of license. 
Public safety base stations are considered ``planned'' when public 
safety operators have notified, or initiated coordination with, a 
Commission-approved public safety coordinator.
    (b) CMRS operators must wait at least 10 business days after 
submission of the required description before commencing operations on 
the referenced facility, or implementing modifications to an existing 
facility.
    (c) The potential for harmful interference between the CMRS and 
public safety facilities will be evaluated by the public safety 
coordinator.
    (1) With regard to existing public safety facilities, the 
coordinator's determination to disapprove a proposed CMRS facility (or 
modification) to be located within 500 meters of the public safety 
facilities will be presumed correct, but the CMRS operator may seek 
Commission review of such determinations. Pending Commission review, 
the CMRS operator will not activate the facility or implement proposed 
modifications.
    (2) With regard to proposed public safety facilities, the 
coordinator's determination to disapprove a proposed CMRS facility (or 
modification) to be located within 500 meters of the public safety 
facilities will be presumed correct, but the CMRS operator may seek 
Commission review and, pending completion of review, operate the 
facility during construction of the public safety facilities. If 
coordination or Commission review has not been completed when the 
public safety facilities are ready to operate, the CMRS operator must 
cease operations pending completion of coordination or Commission 
review. Such interim operation of the CMRS facility within the 
coordination zone (or implementation of modifications) will not be 
relied on by the Commission in its subsequent review and determination 
of measures necessary to control interference, including relocation or 
modification of the CMRS facility.
    (d) If, in the event of harmful interference between facilities 
located within 500 meters proximity, the parties are unable, with the 
involvement of the coordinator, to resolve the problem by mutually 
satisfactory arrangements, the Commission may impose restrictions on 
the operations of any of the parties involved.

[FR Doc. 02-19179 Filed 7-29-02; 8:45 am]
BILLING CODE 6712-01-P