[Federal Register Volume 67, Number 198 (Friday, October 11, 2002)]
[Rules and Regulations]
[Pages 63279-63290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25396]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 90 and 95

[WT Docket No. 98-182; FCC 02-139]


1998 Biennial Regulatory Review--Private Land Mobile Radio 
Services

AGENCY: Federal Communications Commission

ACTION: Final rule.

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SUMMARY: In this document, the Commission addresses six petitions for 
reconsideration or clarification of the Report and Order in WT Docket 
No. 98-182. The Commission affirms the decision to create a new 
Citizens Band Radio Service named the Multi-Use Radio Service (MURS), 
updates the Airport Terminal Use (ATU) and adopts additional revisions 
to the Commission's rules on its own motion. The Commission also adopts 
a rule revision to remove the low power restriction from certain 
frequencies currently reserved for low power operation on a primary 
basis for cargo handling purposes at docksides. The Commission also 
eliminates the eligibility restriction on school and park operations in 
the Public Safety Pool.

DATES: Effective November 12, 2002.

FOR FURTHER INFORMATION CONTACT: Guy Benson, Esquire at (202) 418-2946 
<[email protected], Mr. Brian Marenco at 418-0838 
<[email protected], or John Evanoff, Esquire at 418-0848 
<[email protected], Policy and Rules Branch, Public Safety 
and Private Wireless Division, Wireless Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Memorandum Opinion and Order and Second 
Report and Order, FCC 02-139, adopted on May 2, 2002 and released on 
May 23, 2002 as corrected in Erratum DA-02-2256 adopted September 12, 
2002 and released September 13, 2002. The full text of this document is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, Room CY-A257, 445 12th Street, SW., 
Washington, DC 20554. The complete text may be purchased from the 
Commission's copy contractor, Qualex International, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554. The full text may also be 
downloaded at: http://www.fcc.gov. Alternative formats are available to 
persons with disabilities by contacting Brian Millin at (202) 418-7426 
or TTY (202) 418-7365.
    1. The major decisions we adopt in the Memorandum Opinion and Order 
today include:
    [sbull] MURS: We affirm the decision to license by rule (i.e., 
eliminate individual licensing for, and instead license by rule) five 
VHF frequencies that were formerly licensed under Part 90 for low-
power, industrial/business use, by placing frequencies in a new Part 95 
Citizens Band Radio Service named the Multi-Use Radio Service (MURS).
    [sbull] Eligibility: We decline to restrict the use of MURS to Part 
90 Industrial/Business Pool eligibles. The general public is licensed 
by rule to use MURS for communications related to personal or business 
activities.
    [sbull] Technical provisions: We revise the MURS technical rules to 
balance the benefits of adding technical flexibility against the 
disadvantages of potential degradation of the existing operations of 
business and industrial users. As with other services licensed by rule, 
the rules we adopt for MURS focus on technical equipment certification 
requirements. We also clarify that MURS is a two-way, short-distance, 
voice or data communication service intended for transmissions that do 
not typically require long duty cycles.
    Under the revised rules, MURS units are:
    [sbull] Permitted to have detachable antennas;
    [sbull] Permitted to have external antennas up to 6.1 meters (20 
feet) above a structure or 18.3 meters (60 feet) above the ground, 
whichever is higher;
    [sbull] Permitted to have a total power output (TPO) of up to two 
(2) watts (instead of two (2) watts effective radiated power);
    [sbull] Not permitted to be used as cordless telephones, 
radiofacsimile (imaging), or for continuous carrier mode operations; 
and
    [sbull] Not permitted to be used for repeater operations.
    [sbull] ATU list: We update the Airport Terminal Use (ATU) list 
found in Section 90.35(c)(61) of the Rules. The ATU list identifies, by 
name and reference coordinates, the airports at which certain 450 MHz 
band frequencies are reserved for stations located on or near the 
airports and used in connection with the servicing and supplying of 
aircraft.
    2. The major decisions we adopt in the Second Report and Order 
include:
    [sbull] ``Dockside'' frequencies for high-power: We also address 
the comments and other filings in response to the Further Notice in 
this proceeding. Specifically, we adopt the proposal of the American 
Automobile Association (AAA) to revise the power limit on certain 
frequencies currently reserved for low power operations on a primary 
basis for cargo handling purposes at docksides. We are not, however, 
adopting AAA's proposal to require all applicants to obtain AAA's 
concurrence to use these frequencies.
    [sbull] Public Safety Pool eligibility: We adopt our proposal to 
eliminate the eligibility restriction on school and park operations in 
the Public Safety Pool under Section 90.20 of our Rules. We also 
eliminate the restriction prohibiting State highway maintenance systems 
from operating on certain Public Safety Pool channels.

[[Page 63280]]

I. Procedural Matters

Final Regulatory Flexibility Analysis

    3. A Supplemental Final Regulatory Flexibility Analysis with 
respect to this Memorandum Opinion and Order has been prepared and is 
included. A Final Regulatory Flexibility Analysis has been prepared for 
the Second Report and Order and is included.

II. Supplemental Final Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act (RFA), a Final 
Regulatory Flexibility Analysis (FRFA) was incorporated in Appendix D 
of the Report and Order and Further Notice of Proposed Rule Making 
(R&O), 65 FR 60869, October 13, 2000. This Supplemental Final 
Regulatory Flexibility Analysis (SFRFA) considers the current 
Memorandum Opinion and Order and Second Report and Order (MO&O) and 
updates information contained in the FRFA. The present SFRFA, contained 
in the MO&O, conforms to the RFA.

Need for, and Objectives of, the MO&O

    5. This proceeding was initiated in conjunction with the 
Commission's 1998 biennial review of regulations pursuant to section 11 
of the Communications Act of 1934, as amended (the Communications Act). 
On September 30, 1998, the Commission adopted a NPRM, 63 FR 65568, 
November 27, 1998, proposing a comprehensive review of the rules 
applicable to the PLMR services to determine which regulations were not 
in the public interest, obsolete, overly complex, required editorial 
change, or were redundant in nature. In the R&O adopted June 29, 2000, 
the Commission, among other things: expanded the availability of 
thirty-one ``dockside'' frequencies, doubled the PLMR license term from 
five years to ten years, and increased the time period in which certain 
PLMR stations must be placed in operation. The Commission also 
clarified the frequency coordination process for Public Safety Pool 
channels in the 220-222 MHz band and authorized Public Safety Pool 
licensees to share their licensed radio facilities with federal public 
safety providers. In addition, the Commission clarified the definitions 
of centralized and decentralized trunking and established a new process 
for licensing trunked systems. Finally, the Commission ``licensed by 
rule,'' i.e., eliminated the individual licensing requirements for, 
five VHF frequencies that were allocated to the Part 90 Industrial/
Business Pool for low power (1- or 2-watt) operations. Under this 
decision, the Commission reallocated the five VHF frequencies to the 
Part 95 Personal Radio Services and established a new Multi-Use Radio 
Service (MURS) under the Citizens Band Radio Services.
    6. The rules adopted in this MO&O continue our efforts to 
consolidate and streamline the Part 90 Rules, allow more efficient use 
of the spectrum, and provide Part 90 licensees with greater flexibility 
and clarity concerning their operations. In particular, we affirm the 
decision to license by rule (i.e., eliminate individual licensing for, 
and instead license by rule) five VHF frequencies that were formerly 
licensed under Part 90 for low-power, industrial/business use, by 
placing frequencies in a new Part 95 Citizens Band Radio Service named 
the Multi-Use Radio Service (MURS). In addition, we decline to restrict 
the use of MURS to Part 90 Industrial/Business Pool eligibles. The 
general public is licensed by rule to use MURS for communications 
related to personal or business activities, and we revise the MURS 
technical rules to balance the benefits of adding technical flexibility 
against the disadvantages of potential degradation of the existing 
operations of business and industrial users.

Summary of Significant Issues Raised by the Public in Response to the 
FRFA

    7. No reconsideration petitions discussed issues directly in 
response to the previous FRFA.

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

    8. 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.
    9. 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.
    10. 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

[[Page 63281]]

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.
    11. Equipment Manufacturers. We anticipate that radio equipment 
manufacturers will be affected by our decisions 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.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    12. We expect that, at most, the rules adopted herein will result 
in nominal new reporting, recordkeeping, or other compliance 
requirements imposed on entities affected in this proceeding.

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

    13. The RFA requires an agency to describe any significant 
alternative that it has considered in reaching its proposed approach, 
which may include the following four alternatives, among others: (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) and 
exemption from coverage.
    14. Regarding our decision to express maximum operating power in 
terms of transmit power output (TPO) rather than effective radiated 
power (ERP), we do not believe that this will significantly impact 
small entities. Prior to the creation of MURS, the subject frequencies 
were restricted in terms of TPO, and our decision to retain this 
standard will provide continuity as well as the ability for users to 
utilize detachable gain-adding antennas (which would not be feasible 
were we to use the ERP standard).
    15. Regarding our decision to restrict antenna height to 20 feet 
above structure or 60 feet above ground, whichever is higher, we do not 
anticipate any significant impact on small entities. Prior to the 
creation of MURS, transmitting antennas using the subject frequencies 
were limited in height due to a provision that restricted the distance 
between the radio control point and the center of the radiating portion 
of the antenna. Consequently, the new antenna height limits should not 
affect small entities that continue to operate on the subject 
frequencies. Moreover, we believe that antenna height restrictions will 
benefit small entities in that such restrictions promote spectrum 
sharing and re-use of the frequencies, thus enabling more small 
entities to take advantage of this radio service.
    16. Regarding our decision to prohibit repeater operations, small 
(and other) entities wishing to extend the range of communications will 
not be allowed to do so. On balance, however, this restriction should 
benefit small entities in that it promotes spectrum sharing and 
frequency re-use, thus allowing a greater number of users to take 
advantage of this radio service. Moreover, any potential negative 
impact on small entities is mitigated due to our decision to 
grandfather existing operations on the subject frequencies. 
Consequently, any user that was authorized to use repeaters on the 
subject frequencies prior to the creation of MURS will continue to be 
allowed to do so. An alternative would be to allow repeater operations, 
but we believe that the resulting benefits of extended communications 
capabilities are outweighed by accommodating a greater number of users 
on these channels.
    17. Regarding our decision to prohibit MURS radios from 
interconnecting with the Public Switched Network (PSN), small (and 
other) entities that want to use MURS frequencies for telephone or 
other interconnected types of service will not be allowed to do so. 
Allowing interconnection, however, would be inconsistent with the 
intent of this radio service, which is a two-way, short distance voice 
and data communications service of short duration. Typically, 
communications over the PSN last longer than the types of 
communications envisioned for MURS. An alternative would be to allow 
interconnection, but because PSN interconnected communications are 
typically duplex in nature, thus occupying two of five channels in a 
given area, this would severely limit the number of available channels 
at one time. In this connection, we believe that the prohibition on PSN 
interconnection will likely generally benefit small entities in that 
such restrictions promote spectrum sharing and re-use of the 
frequencies, thus enabling more small entities to take advantage of 
this radio service. Finally, any potential negative impact on small 
entities is mitigated due to our decision to grandfather existing 
operations on the subject frequencies. Consequently, any user that was 
authorized to interconnect with the PSN on the subject frequencies 
prior to the creation of MURS will continue to be allowed to do so.
    18. Our decision to prohibit MURS users from operating in the 
continuous carrier mode, could impact small (and other) entities in 
that they will be prevented from doing so, and the alternative would be 
to allow such operations. As with antenna height limits, repeater use, 
and PSN interconnection, however, we believe that the benefits of 
increased spectrum sharing and frequency re-use far outweigh the 
potential negative impact on small entities. Moreover, the potential 
impact on small entities is mitigated due to our decision to 
grandfather existing operations on the subject frequencies. 
Consequently, any user that was authorized to operate in the continuous 
carrier transmit mode on the subject frequencies prior to the creation 
of MURS will continue to be allowed to do so.
    19. Regarding our decision to prohibit the transmission of lengthy 
data image signals over MURS, we do not anticipate any significant 
impact on small entities. Transmissions of this type of communications 
was never allowed on the subject frequencies and allowing them now in 
MURS would be inconsistent with the intent of the service.
    20. We do not anticipate that our decision to change the 
permissible bandwidth from 12.5 kHz to 20 kHz for frequencies 154.570 
MHz and 154.600 MHz, will have any significant impact on small 
entities. Prior to the creation of MURS, the permissible bandwidth for 
these frequencies was 20 kHz, and changing it in the R&O to 12.5 kHz 
was an inadvertent error.
    21. Our decision to prohibit the integration of MURS frequencies 
and FRS frequencies into a single radio unit, should not have a 
significant adverse impact on small entities. FRS is a narrowly 
tailored service intended for private two-way, very short distance 
voice communications for facilitating family and group activities. 
Small (and other) businesses are currently not

[[Page 63282]]

eligible to operate on FRS frequencies and therefore, this prohibition 
should not have any adverse impact.
    22. We also decline to delay the implementation of MURS by 
declining to adopt a transition/migration period, which might have 
assisted small entities that might face increased congestion and 
potential interference from the introduction of non-business operations 
on the subject frequencies. We have, however, adopted technical 
restrictions in this Memorandum Opinion and Order to mitigate the 
potential for harmful interference to small (and other) business 
operations. Furthermore, as noted above, as the subject frequencies are 
shared, business users were never insured of interference-or 
congestion-free operations. Finally, Motorola's suggested migration 
plan is too speculative, as it relies on the outcome of a pending 
proceeding. Consequently, based on the totality of the record, we 
believe that the public interest would not be served were we to delay 
MURS, and the impact, if any, of this decision on small entities is 
likely to be minimal.
    23. Regarding our decision to update the airport terminal use (ATU) 
list, we do not anticipate any significant impact on small entities. 
Small entities that wish to operate on these ATU frequencies will have 
expanded opportunities to do so. Moreover, this decision should have 
little impact on small entity non-airport terminal business radio users 
located near these airports, because such operations will continue to 
be allowed.

III. Final Regulatory Flexibility Analysis

    24. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the Report 
and Order and Further Notice of Proposed Rule Making (Further Notice). 
The Commission sought written public comment on the proposals in the 
Further Notice, including comment on the IRFA. This present Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

Need for, and Objectives of, the Adopted Rules

    25. To further consolidate and streamline the Part 90 of the rules, 
reduce regulatory requirements, provide Part 90 licensees with greater 
flexibility concerning their operations, and promote increased spectrum 
sharing, the Commission amends Part 90 of its rules to (1) remove the 
restriction preventing school districts and authorities and park 
districts and authorities from being eligible for licenses in the 
Public Safety Pool; (2) remove the restriction preventing State highway 
maintenance systems from operating on certain channels in the Public 
Safety Pool; and (3) remove the power restriction on seven ``dockside'' 
channels in the Industrial/Business Pool.
    26. These rule changes are needed in order to give park districts 
and authorities and school districts and authorities access to spectrum 
needed for important communications functions. Additionally, we believe 
that allowing such entities to operate on the Public Safety Pool 
channels will facilitate interoperability between park or school 
district personnel and other public safety entities, which can be very 
important especially during emergencies. Similarly, the inclusion of 
State highway maintenance systems on certain Public Safety Pool 
frequencies should give such systems access to spectrum needed for 
important communications functions. Finally, removal of the power 
restriction on the dockside channels will facilitate increased range 
and more reliable communications for Industrial/Business Pool 
eligibles.

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

    27. No comments were submitted specifically in response to the 
IRFA. We have nonetheless considered the effect of these rule changes 
on small entities and considered other alternatives. We expect, 
however, that our actions will benefit all entities subject to these 
rule changes, including small entities.

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

    28. 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.
    29. 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.
    30. 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

[[Page 63283]]

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.
    31. Equipment Manufacturers. We anticipate that radio equipment 
manufacturers will be affected by our decisions 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.

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    32. The Rules adopted in this Order have minimal additional 
reporting or recordkeeping requirements for PLMR licensees.

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

    33. The RFA requires an agency to describe any significant 
alternative that it has considered in reaching its proposed approach, 
which may include the following four alternatives, among others: (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) and 
exemption from coverage.
    34. Regarding our decision to eliminate eligibility restrictions on 
park districts and authorities and school districts and authorities so 
that these entities may obtain licenses to operate on Public Safety 
Pool channels, see paras. 52-54, supra, there should be no significant 
adverse impact on small entities. Indeed, small entities should benefit 
from this decision, as they will have greater opportunities for 
licensing now that they will be allowed to operate on the Public Safety 
Pool frequencies. An alternative to this proposal would be to retain 
the current rule, which would be unsatisfactory because it would leave 
the parks without any possibility of operating radio stations for the 
transmission of communications essential to their official activities.
    35. Regarding our decision to eliminate the rule restricting State 
highway maintenance systems from operating on certain Public Safety 
Pool frequencies, we do anticipate any adverse impact on small 
entities. An alternative to this decision would be to continue the 
prohibition. This would, however, be unsatisfactory, as allowing State 
highway maintenance systems to operate on the subject frequencies 
furthers the important Commission goals of increased spectrum sharing 
and interoperability of public safety communications.
    36. Finally, our decision to eliminate the power restriction on 
seven of the thirty-one ``dockside'' channels, should not have any 
adverse impact on small entities. The potential to pair these dockside 
frequencies with the AERS or other Industrial/Business Pool frequencies 
will result in greater opportunities for small (and other) business due 
to increased signal coverage and more reliable communications. In 
addition, concerns of harmful interference to existing low power users 
on the subject frequencies are mitigated, because operation on these 
frequencies will continue to require frequency coordination from a 
Commission-certified frequency coordinator.

IV. Ordering Clause

    37. Pursuant to sections 1, 4(i), 303(f) and (r), 332, and 405 of 
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 303(f) 
and (r), 332, and 405 the Petition for Reconsideration filed by 
Motorola, Inc. on November 13, 2000, is denied.
    38. Pursuant to sections 1, 4(i), 303(f) and (r), 332, and 405 of 
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 303(f) 
and (r), 332, and 405 the Petition for Reconsideration filed by 
RadioShack Corporation on January 3, 2001, is denied.
    39. Pursuant to sections 1, 4(i), 303(f) and (r), 332, and 405 of 
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 303(f) 
and (r), 332, and 405 the Petition for Reconsideration filed by the 
Personal Radio Steering Group, Inc. on November 13, 2000, is granted to 
the extent indicated herein and otherwise denied.
    40. Pursuant to sections 1, 4(i), 303(f) and (r), 332, and 405 of 
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 303(f) 
and (r), 332, and 405 the Petition for Reconsideration filed by William 
C. Easterday on November 13, 2000, is dismissed as moot.
    41. Pursuant to sections 1, 4(i), 303(f) and (r), 332, and 405 of 
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 303(f) 
and (r), 332, and 405 the Petition for Reconsideration filed by the 
Personal Communications Industry Association, Inc. on November 13, 
2000, is granted.
    42. Pursuant to sections 1, 4(i), 303(f) and (r), 332, and 405 of 
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 303(f) 
and (r), 332, and 405 the Petition for Reconsideration filed by the 
American Association of State Highway and Transportation Officials on 
November 13, 2000, is granted to the extent indicated herein and 
otherwise denied.
    43. The amendments of the Commission's Rules as set forth in the 
rule changes are adopted, effective November 12, 2002.
    44. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Memorandum 
Opinion and Order and Second Report and Order, WT Docket No. 98-182, 
including the Supplemental Final and Final Regulatory Flexibility 
Analyses, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Parts 0, 90 and 95

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble the Federal 
Communications Commission amends 47 CFR parts 0, 90 and 95 as follows:

PART 0--COMMISSION ORGANIZATION

    1. The authority citation for part 0 continues to read as follows:

    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.

[[Page 63284]]


    2. Section 0.331 is amended by revising paragraph (d) introductory 
text to read as follows:


Sec.  0.331  Authority delegated.

* * * * *
    (d) Authority concerning rulemaking proceedings. The Chief, 
Wireless Telecommunications Bureau shall not have the authority to act 
upon notices of proposed rulemaking and inquiry, final orders in 
rulemaking proceedings and inquiry proceedings, and reports arising 
from any of the foregoing except such orders involving ministerial 
conforming amendments to rule parts, or orders conforming any of the 
applicable rules to formally adopted international conventions or 
agreements where novel questions of fact, law, or policy are not 
involved. In addition, revisions to the airport terminal use list in 
Sec.  90.35(c)(61) of this chapter need not be referred to the 
Commission. Also, the addition of new Marine VHF frequency coordination 
committee(s) to Sec.  80.514 of this chapter need not be referred to 
the Commission if they do not involve novel questions of fact, policy 
or law, as well as requests by the United States Coast Guard to:
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    3. 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).


    4. Amend Sec.  90.20 as follows:
    a. Revise paragraph (a)(1)(i).
    b. In paragraph (c)(3) remove Limitation code 43 from all 
frequencies wherever it appears and remove coordinator codes PP and PS 
from the following frequencies 220.8025 through 220.8475 and 221.8025 
through 221.8475.
    c. Remove and reserve paragraph (d)(43).
    The revisions read as follows:


Sec.  90.20  Public Safety Pool.

    (a) * * *
    (1) * * *
    (i) A district and an authority;
* * * * *

    5. Amend Sec.  90.35 as follows:
    a. Revise paragraph (b)(2)(iii).
    b. In paragraph (b)(3), remove limitation code 11, from the 
following frequencies: 457.525, 457.550, 457.5625, 457.575, 457.5875, 
457.600 and 457.6125.
    c. Revise paragraph (c)(60)(ii) and (c)(60)(iii).
    d. Revise paragraph (c)(61)(iii) and (c)(61)(iv).
    The revisions read as follows:


Sec.  90.35  Industrial/Business Pool.

* * * * *
    (b) * * *
    (2) * * *
    (iii) For frequencies above 150 MHz, applications for new or 
modified facilities on frequencies shared prior to radio service 
consolidation by the former Manufacturers Radio Service, the Forest 
Products Radio Service, the Power Radio Service, the Petroleum Radio 
Service, the Motor Carrier Radio Service, the Railroad Radio Service, 
the Telephone Maintenance Radio Service and the Automobile Emergency 
Radio Service may be coordinated by any certified Industrial/Business 
Pool coordinator. However, in the event that the interference contour 
of a proposed station would overlap the service contour of an existing 
station licensed on one of these previously shared frequencies, the 
written concurrence of the coordinator associated with the industry for 
which the existing station license was issued, or the written 
concurrence of the licensee of the existing station, shall be obtained. 
For the purposes of this Sec.  90.35, the service contour for UHF 
stations is the 39 dBu contour; and the interference contour for UHF 
stations is the 21 dBu contour; the service contour for VHF stations is 
the 37 dBu contour; and the interference contour for VHF stations is 
the 19 dBu contour.
* * * * *
    (c) * * *
    (60) * * *
    (ii) This frequency is also available for low power non-cargo 
handling operations, both voice and non-voice, on a secondary basis to 
cargo handling communications. Such operations are not subject to the 
power limitations in paragraph (c)(60)(i) of this section on the 
following frequencies: 457.525 MHz, 457.550 MHz, 457.5625 MHz, 457.575 
MHz, 457.5875 MHz, 457.600 MHz, and 457.6125 MHz. This frequency will 
not be assigned for non-cargo handling operations at temporary 
locations.
    (iii) For mobile relay operations under paragraph (c)(60)(i) of 
this section, frequency pairing is as follows:

------------------------------------------------------------------------
                                                                Mobile
                   Mobile relay (MHz) \1\                        (MHz)
------------------------------------------------------------------------
457.525.....................................................   467.750
457.53125...................................................   467.75625
457.5375....................................................   467.7625
457.54375...................................................   467.76875
457.550.....................................................   467.775
457.55625...................................................   467.78125
457.5625....................................................   467.7875
457.56875...................................................   467.79375
457.575.....................................................   467.800
457.58125...................................................   467.80625
457.5875....................................................   467.8125
457.59375...................................................   467.81875
457.600.....................................................   467.825
457.60625...................................................   467.83125
457.6125....................................................  ..........
457.61875...................................................  ..........
------------------------------------------------------------------------
\1\ The mobile relay frequencies may also be used for single frequency
  simplex.

    (61) * * *
    (iii) To stations in the Industrial/Business Pool for secondary use 
at locations 16 km (10 miles) or more from the coordinates of the 
listed airports at a maximum transmitter power output of 2 watts. Use 
of the frequency is restricted to the confines of an industrial complex 
or manufacturing yard area. Stations licensed prior to November 12, 
2002 may continue to operate with facilities authorized as of that 
date.
    (iv) The airports and their respective reference coordinates are 
(coordinates are referenced to North American Datum 1983 (NAD83)):

----------------------------------------------------------------------------------------------------------------
                                                                      Reference coordinates
                City and airport                ----------------------------------------------------------------
                                                           N. Latitude                     W. Longitude
----------------------------------------------------------------------------------------------------------------
Aberdeen, SD: Aberdeen Regional (ABR)..........  45[deg]26'56.6''                 98[deg]25'18.6''
Agana, GU: Guam International (GUM)............  13[deg]29'00.4                   144[deg]47'45.5'' E
Akron, OH: Akron-Canton Regional (CAK).........  40[deg]54'58.7''                 81[deg]26'32.9''
Alamosa, CO: San Luis Valley Regional/Bergman    37[deg]26'05.7''                 105[deg]51'59.6''
 Field (ALS).
Albany, NY: Albany Int'l (ALB).................  42[deg]44'53.2''                 73[deg]48'10.7''
Albuquerque, NM: Albuquerque International       35[deg]02'24.8''                 106[deg]36'33.1''
 Sunport (ABQ).
Allentown-Bethlehem, PA: Lehigh Valley Int'l     40[deg]39'08.5''                 75[deg]26'25.5''
 (ABE).
Amarillo, TX: Amarillo International (AMA).....  35[deg]13'09.7''                 101[deg]42'21.3''

[[Page 63285]]

 
Anchorage, AK: Ted Stevens Anchorage             61[deg]10'27.6''                 149[deg]59'46.3''
 International (ANC).
Appleton, WI: Outagamie County Regional (ATW)..  44[deg]15'26.7''                 88[deg]31'10.1''
Aspen, CO: Aspen-Pitkin County/Sardy Field       39[deg]13'23.4''                 106[deg]52'07.9''
 (ASE).
Atlanta, GA:
    Atlanta International (ATL)................  33[deg]38'25.6''                 84[deg]25'37.0''
    Dekalb-Peachtree (PDK).....................  33[deg]52'32.2''                 84[deg]18'07.1''
    Fulton County (FTY)........................  33[deg]46'44.9''                 84[deg]31'16.9''
Austin, TX: Austin Bergstrom International       30[deg]11'40.3''                 97[deg]40'11.5''
 (AUS).
Bakersfield, CA: Meadows Field (BFL)...........  35[deg]26'00.9''                 119[deg]03'24.4''
Baltimore, MD: Baltimore-Washington Int'l (BWI)  39[deg]10'31.5''                 76[deg]40'05.5''
Baton Rouge, LA: Baton Rouge Metropolitan (BTR)  30[deg]31'59.4''                 91[deg]08'58.7''
Billings, MT: Billings Logan International       45[deg]48'27.6''                 108[deg]32'34.3''
 (BIL).
Birmingham, AL: Birmingham Int'l (BHM).........  33[deg]33'46.6''                 86[deg]45'12.8''
Bismarck, ND: Bismarck Municipal (BIS).........  46[deg]46'21.8''                 100[deg]44'44.7''
Boise, ID: Boise Air Terminal (BOI)............  43[deg]33'52.0''                 116[deg]13'22.0''
Boston, MA: Logan International (BOS)..........  42[deg]21'51.7''                 71[deg]00'18.7''
Bozeman, MT: Gallatin Field (BZN)..............  45[deg]46'36.8''                 111[deg]09'10.8''
Bridgeport, CT: Sikorsky Memorial (BDR)........  41[deg]09'48.5''                 73[deg]07'34.2''
Buffalo, NY: Buffalo Niagara Int'l (BUF).......  42[deg]56'25.9''                 78[deg]43'55.8''
Burlington, VT: Burlington Int'l (BTV).........  44[deg]28'18.7''                 73[deg]09'11.8''
Cedar Rapids, IA: The Eastern Iowa (CID).......  41[deg]53'04.5''                 91[deg]42'39.1''
Charleston, SC: Charleston AFB/International     32[deg]53'55.1''                 80[deg]02'25.8''
 (CHS).
Charlotte, NC: Charlotte-Douglas Int'l (CLT)...  35[deg]12'50.4''                 80[deg]56'35.3''
Chattanooga, TN: Lovell (CHA)..................  35[deg]02'06.9''                 85[deg]12'13.6''
Chicago, IL-Northwest, IN:
    Chicago-Wheeling-Palwaukee (PWK)...........  42[deg]06'51.1''                 87[deg]54'05.3''
    Meigs (CGX)................................  41[deg]51'31.8''                 87[deg]36'28.5''
    South Bend Regional (SBN)..................  41[deg]42'32.2''                 86[deg]19'06.5''
    Midway (MDW)...............................  41[deg]47'09.5''                 87[deg]45'08.7''
    O'Hare International (ORD).................  41[deg]58'46.5''                 87[deg]54'16.1''
    West Chicago-Dupage (DPE)..................  41[deg]54'24.8''                 88[deg]14'54.3''
Cincinnati, OH:
    Cincinnati-Blue Ash (ISZ)..................  39[deg]14'48.1''                 84[deg]23'20.3''
    Lunken (LUK)...............................  39[deg]06'12.0''                 84[deg]25'07.0''
Cleveland, OH:
    Burke Lakefront (BKL)......................  41[deg]31'03.0''                 81[deg]41'00.0''
    Cuyahoga County (CGF)......................  41[deg]33'54.5''                 81[deg]29'10.9''
    Hopkins International (CLE)................  41[deg]24'39.2''                 81[deg]50'57.8''
Columbia, SC: Columbia Metropolitan (CAE)......  33[deg]56'19.8''                 81[deg]07'10.3''
Columbus, GA: Columbus Metropolitan (CSG)......  32[deg]30'58.8''                 84[deg]56'19.9''
Columbus, OH:
    Port Columbus Int'l (CMH)..................  39[deg]59'52.8''                 82[deg]53'30.8''
    Rickenbacker International (LCK)...........  39[deg]48'49.5''                 82[deg]55'40.3''
Corpus Christi, TX: Corpus Christi               27[deg]46'13.3''                 97[deg]30'04.4''
 International (CRP).
Covington/Cincinnati, KY: Cincinnati/Northern    39[deg]02'46.1''                 84[deg]39'43.8''
 Kentucky Int'l (CVG).
Crescent City, CA: Jack McNamara Field (CEC)...  41[deg]46'48.6''                 124[deg]14'11.5''
Dallas, TX:
    Addison (ADS)..............................  32[deg]58'06.8''                 96[deg]50'11.2''
    Dallas-Ft. Worth Int'l (DFW)...............  32[deg]53'45.4''                 97[deg]02'13.9''
    Dallas-Love Field (DAL)....................  32[deg]50'49.6''                 96[deg]51'06.4''
    Red Bird (RBD).............................  32[deg]40'51.1''                 96[deg]52'05.5''
Davenport, IA (Rock Island, Moline, IL):
    Davenport Municipal (DVN)..................  41[deg]36'37.0''                 90[deg]35'18.0''
    Quad City (MLI)............................  41[deg]26'54.7''                 90[deg]30'27.1''
Dayton, OH: Dayton International (DAY).........  39[deg]54'08.6''                 84[deg]13'09.8''
Denver, CO:
    Centennial (APA)...........................  39[deg]34'12.5''                 104[deg]50'57.5''
    Colorado Springs Municipal (COS)...........  38[deg]48'20.9                   104[deg]42'00.9''
    Jeffco (BJC)...............................  39[deg]54'31.6''                 105[deg]07'01.9''
    Denver International (DEN).................  39[deg]51'30.3''                 104[deg]40'01.2''
Des Moines, IA: Des Moines Int'l (DSM).........  41[deg]32'05.8''                 93[deg]39'38.5''
Detroit, MI:
    Detroit City (DET).........................  42[deg]24'33.1''                 83[deg]00'35.5''
    Detroit Metro-Wayne County (DTW)...........  42[deg]12'43.4''                 83[deg]20'55.8''
    Oakland-Pontiac (PTK)......................  42[deg]39'54.7''                 83[deg]25'07.4''
    Willow Run (YIP)...........................  42[deg]14'16.5''                 83[deg]31'49.5''
Duluth, MN: Duluth International (DLH).........  46[deg]50'31.5''                 92[deg]11'37.1''
Durango, CO: Durango-La Plata County (DRO).....  37[deg]09'05.5''                 107[deg]45'13.6''
Eagle, CO: Eagle County Regional (EGE).........  39[deg]38'33.2''                 106[deg]55'03.7''
El Paso, TX: El Paso International (ELP).......  31[deg]48'24.0''                 106[deg]22'40.1''
Eugene, OR: Mahlon Sweet Field (EUG)...........  44[deg]07'23.7''                 123[deg]13'07.3''
Eureka, CA: Eureka Municipal (033).............  40[deg]46'51.4''                 124[deg]12'44.2''

[[Page 63286]]

 
Fargo, ND: Hector International (FAR)..........  46[deg]55'09.7''                 96[deg]48'53.9''
Flint, MI: Bishop (FNT)........................  42[deg]57'55.8''                 83[deg]44'36.4''
Ft. Lauderdale-Hollywood, FL:
    Ft. Lauderdale Executive (FXE).............  26[deg]11'50.2''                 80[deg]10'14.6''
    Ft. Lauderdale-Hollywd Int'l (FLL).........  26[deg]04'21.3''                 80[deg]09'09.9''
Ft. Meyers, FL: Page Field (FMY)...............  26[deg]35'11.8''                 81[deg]51'47.7''
Ft. Meyers, FL: Southwest Florida International  26[deg]32'10.2''                 81[deg]45'18.6''
 (RSW).
Ft. Wayne, IN: Fort Wayne International (FWA)..  40[deg]58'42.5''                 85[deg]11'42.5''
Ft. Worth, TX:
    Fort Worth Alliance (AFW)..................  32[deg]59'12.5''                 97[deg]19'07.7''
    Meacham (FTW)..............................  32[deg]49'11.2''                 97[deg]21'44.8''
Fresno, CA:
    Fresno-Chandler Downtown (FCH).............  36[deg]43'56.5''                 119[deg]49'11.6''
    Fresno Yosemite Int'l (FAT)................  36[deg]46'34.3''                 119[deg]43'05.3''
Gainesville, FL: Gainesville Regional (GNV)....  29[deg]41'24.2''                 82[deg]16'18.4''
Grand Forks, ND: Grand Forks International       47[deg]56'57.3''                 97[deg]10'34.0''
 (GFK).
Grand Rapids, MI: Gerald R. Ford Int'l (GRR)...  42[deg]52'51.0''                 85[deg]31'22.1''
Great Falls, MT: Great Falls International       47[deg]28'55.2''                 111[deg]22'14.5''
 (GTF).
Green Bay, WI: Austin Straubel Int'l (GRB).....  44[deg]29'06.3''                 88[deg]07'46.5''
Greensboro, NC: Piedmont Tirad International     36[deg]05'51.9''                 79[deg]56'14.3''
 (GSO).
Greer, SC: Greenville-Spartanburg Int'l (GSP)..  34[deg]53'44.4''                 82[deg]13'07.9''
Gunnison, CO: Gunnison County (GUC)............  38[deg]32'02.2''                 106[deg]55'58.9''
Hana, HI: Hana (HNM)...........................  20[deg]47'44.3''                 156[deg]00'52.0''
Harlingen, TX: Valley International (HRL)......  26[deg]13'42.6''                 97[deg]39'15.8''
Harrisburg, PA:
    Capital City (CXY).........................  40[deg]13'01.7''                 76[deg]51'05.3''
    Harrisburg Int'l (MDT).....................  40[deg]11'36.6''                 76[deg]45'48.3''
Hartford, CT (Windsor Locks):
    Bradley Int'l (BDL)........................  41[deg]56'20.0''                 72[deg]40'59.6''
    Hartford-Brainard (HFD)....................  41[deg]44'10.6''                 72[deg]39'00.8''
Hayden, CO: Yampa Valley (HDN).................  40[deg]28'52.2''                 107[deg]13'03.6''
Hilo, HI: Hilo Int'l (ITO).....................  19[deg]43'12.9''                 155[deg]02'54.5''
Honolulu, HI: Honolulu International (HNL).....  21[deg]19'07.3''                 157[deg]55'20.7''
Houston, TX:
    W.P. Hobby (HOU)...........................  29[deg]38'43.5''                 95[deg]16'44.0''
    D.W. Hooks Memorial (DWH)..................  30[deg]03'42.7''                 95[deg]33'10.0''
    George Bush Intercontinental (IAH).........  29[deg]58'49.7''                 95[deg]20'23.0''
Indianapolis, IN: Indianapolis Int'l (IND).....  39[deg]43'02.4''                 86[deg]17'39.8''
Jackson Hole, WY: Jackson Hole (JAC)...........  43[deg]36'26.4''                 110[deg]44'15.9''
Jacksonville, FL:
    Craig Municipal (CRG)......................  30[deg]20'10.8''                 81[deg]30'52.0''
    Jacksonville Int'l (JAX)...................  30[deg] 29'38.6''                81[deg]41'16.3''
Kalamazoo, MI: Kalamazoo/Battle Creek            42[deg]14'05.5''                 85[deg]33'07.4''
 International (AZO).
Kalispell, MT: Glacier Park International (FCA)  48[deg]18'41.1''                 114[deg]15'18.2''
Kansas City, MO-KS:
    Kansas City Int'l (MCI)....................  39[deg]17'51.4''                 94[deg]42'50.1''
    Kansas City Municipal Dntn (MKC)...........  39[deg]07'23.7''                 94[deg]35'33.9''
Kauna Kakai, HI: Molokai (MKK).................  21[deg]09'10.4''                 157[deg]05'46.5''
Knoxville, TN: McGhee Tyson (TYS)..............  35[deg]48'44.9''                 83[deg]59'34.3''
Lacrosse, WI: Lacrosse Municipal (LSE).........  43[deg]52'46.5''                 91[deg]15'24.6''
Lansing, MI: Capital City (LAN)................  42[deg]46'43.3''                 84[deg]35'14.5''
Las Vegas, NV: McCarran Int'l (LAS)............  36[deg]04'49.3''                 115[deg]09'08.4''
Lihue, HI: Lihue (LIH).........................  21[deg]58'33.5''                 159[deg]20'20.3''
Lincoln, NE: Lincoln Municipal (LNK)...........  40[deg]51'03.5''                 96[deg]45'33.3''
Little Rock, AR: Adams Field (LIT).............  34[deg]43'48.8''                 92[deg]13'27.3''
Los Angeles,CA:
    Burbank-Glendale-Pasadena (BUR)............  34[deg]12'02.2''                 118[deg]21[deg]30.6''
    Catalina (AVX).............................  33[deg]24'17.8''                 118[deg]24'57.1''
    Long Beach-Daugherty Field (LGB)...........  33[deg]49'03.8''                 118[deg]09'05.8''
    Los Angeles Int'l (LAX)....................  33[deg]56'33.1''                 118[deg]24'29.1''
    Ontario Int'l (ONT)........................  34[deg]03'21.6''                 117[deg]36'04.3''
    Santa Ana-John Wayne-Orange City (SNA).....  33[deg]40'32.4,''                117[deg]52'05.6''
Louisville, KY: Louisville Int'l-Standiford      38[deg]10'27.8''                 85[deg]44'09.6''
 Field (SDF).
Lubbock, TX: Lubbock International (LBB).......  33[deg]39'49.1''                 101[deg]49'22.0''
Lynchburg, VA: Lynchburg Regional-Preston Glen   37[deg]19'36.1''                 79[deg]12'01.6''
 Field (LYH).
Madison, WI: Dane County Regional-Truax Field    43[deg]08[deg]23.5''             89[deg]20'15.1''
 (MSN).
Manchester, NH: Manchester (MHT)...............  42[deg]56'04.3''                 71[deg]26'13.4''
Memphis, TN: Memphis Int'l (MEM)...............  35[deg]02'32.7''                 89[deg]58'36.0''
Miami, FLA:
    Miami Int'l (MIA)..........................  25[deg]47'35.7''                 80[deg]17'26.0''
    Opa Locka (OPF)............................  25[deg]54'25.2''                 80[deg]16'42.2''
    Kendall-Tamiami Executive (TMB)............  25[deg]38'52.4''                 80[deg]25'58.0''

[[Page 63287]]

 
Milwaukee, WI: General Mitchell Int'l (MKE)....  42[deg]56'50.0''                 87[deg]53'47.7''
Minneapolis-St. Paul, MN: Minneapolis-St. Paul   44[deg]52'49.9''                 93[deg]13'00.9''
 Int'l (MSP).
Minot, ND: Minot International (MOT)...........  48[deg]15'33.8''                 101[deg]16'49.2''
Missoula, MT: Missoula International (MSO).....  46[deg]54'58.7''                 114[deg]05'26.0''
Mobile, AL: Mobile Regional (MOB)..............  30[deg]41'29.1''                 88[deg]14'34.2''
Modesto, CA: Modesto City-County (MOD).........  37[deg]37'32.9''                 120[deg]57'15.9''
Monterey, CA: Monterey Peninsula (MRY).........  36[deg]35'13.1''                 121[deg]50'34.6''
Montrose, CO: Montrose Regional (MTJ)..........  38[deg]30'31.9''                 107[deg]53'37.8''
Nashville, TN: Nashville Int'l (BNA)...........  36[deg]07'28.1''                 86[deg]40'41.5''
New Haven, CT: Tweed-New Haven Municipal (HVN).  41[deg]15'50.0''                 72[deg]53'13.6''
New Orleans, LA:
    Lakefront (NEW)............................  30[deg]02'32.7''                 90[deg]01'41.7''
    New Orleans Int'l (MYS)....................  29[deg]59'36.2''                 90[deg]15'28.9''
Newburgh, NY: Stewart International (SWF)......  41[deg]30'14.7''                 74[deg]06'17.4''
Newport News-Hampton,VA: Newport News/           37[deg]07'54.8''                 76[deg]29'34.8''
 Williamsburg (PHF).
New York-Northeast, NJ:
    Republic (FRG).............................  40[deg]43'43.6''                 73[deg]24'48.3''
    JFK International (JFK)....................  40[deg]38'23.1''                 73[deg]46'44.1''
    LaGuardia (LGA)............................  40[deg]46'38.1''                 73[deg]52'21.4''
    Long Island-McArthur (ISP).................  40[deg]47'42.8''                 73[deg]06'00.8''
    Morristown Municipal (NJ) (MMU)............  40[deg]47'57.7''                 74[deg]24'53.5''
    Newark Int'l (FWR).........................  40[deg]41'32.9''                 74[deg]10'07.2''
    Teterboro (NJ) (TEB).......................  40[deg]51'00.4''                 74[deg]03'39.0''
Norfolk, VA: Norfolk Int'l (ORF)...............  36[deg]53'40.6''                 76[deg]12'04.4''
Oklahoma City, OK:
    Wiley Post (PWA)...........................  35[deg]32'04.4''                 97[deg]38'49.9''
    Will Rogers World (OKC)....................  35[deg]23'35.1''                 97[deg]36'02.6''
Omaha, NE: Eppley Airfield (OMA)...............  41[deg]18'09.1''                 95[deg] 53'39.0''
Orlando, FL:
    Orlando Executive (ORL)....................  28[deg]32'43.7''                 81[deg]19'58.6''
    Orlando Int'l (MCO)........................  28[deg]25'44.0''                 81[deg]18'57.7''
Palm Springs, CA: Palm Springs International     33[deg]49'46.8''                 116[deg]30'24.1''
 (PSP).
Peoria, IL: Greater Peoria Regional (PIA)......  40[deg]39'51.3''                 89[deg]41'35.9''
Philadelphia, PA-NJ:
    Northeast Philadelphia (PNE)...............  40[deg]04'55.0''                 75[deg]00'38.1''
    Philadelphia Int'l (PHL)...................  39[deg]52'19.0''                 75[deg]14'28.1''
Phoenix, AZ:
    Phoenix-Sky Habor Int'l (PHX)..............  33[deg]26'03.0''                 112[deg]00'29.0''
    Scottsdale (SDL)...........................  33[deg]37'22.3''                 111[deg]54'37.9''
Pittsburgh, PA:
    Allegheny County (AGC).....................  40[deg]21'15.9''                 79[deg]55'48.9''
    Pittsburgh Int'l (PIT).....................  40[deg]29'29.3''                 80[deg]13'58.3''
Portland, ME: Portland International Jetport     43[deg]38'46.2''                 70[deg]18'31.5''
 (PWM).
Portland, OR:
    Portland-Hillsboro (HIO)...................  45[deg]32'25.4''                 122[deg]56'59.4''
    Portland International (PDX)...............  45[deg]35'19.4''                 122[deg]35'51.0''
    Portland-Troutdale (TTD)...................  45[deg]32'57.7''                 122[deg]24'04.5''
Providence-Pawtucket, RI-MA:
    North Central State (SFZ)..................  41[deg]55'14.7''                 71[deg]29'29.0''
    T.F. Green State (PVD).....................  41[deg]43'26.4''                 71[deg]25'41.6''
Pueblo, CO: Pueblo Memorial (PUB)..............  38[deg]17'20.7''                 104[deg]29'47.7''
Raleigh/Durham, NC: Raleigh-Durham               35[deg]52'39.5''                 78[deg]47'14.9''
 International (RDU).
Rapid City, SD: Rapid City Regional (RAP)......  44[deg]02'43.2''                 103[deg]03'26.5''
Reno, NV: Reno/Tahoe International (RNO).......  39[deg]29'54.8''                 119[deg]46'05.0''
Richmond, VA: Richmond International (RIC).....  37[deg]30'18.6''                 77[deg]19'10.8''
Roanoke, VA: Roanoke Regional/Woodrum Field      37[deg]19'31.7''                 79[deg]58'31.5''
 (ROA).
Rochester, MN: Rochester International (RST)...  43[deg]54'26.0''                 92[deg]29'56.4''
Rochester, NY: Greater Rochester Int'l (ROC)...  43[deg]07'07.9''                 77[deg]40'20.6''
Sacramento, CA:
    Sacramento Executive (SAC).................  38[deg]30'45.1''                 121[deg]29'36.5''
    Sacramento Int'l (SMF).....................  38[deg]41'43.5''                 121[deg]35'26.8''
Saginaw, MI: MBS International (MBS)...........  43[deg]31'58.5''                 84[deg]04'46.7''
Saipan Isl., CQ: Saipan International (GSN)....  15[deg]07'08.4''                 145[deg]43'45.7'' E
St. Louis, MO-IL:
    Spirit of St. Louis (SUS)..................  38[deg]39'42.7''                 90[deg]39'04.4''
    St. Louis-Lambert Int'l (STC)..............  38[deg]44'51.7''                 90[deg]21'35.9''
St. Petersburg, FL:
    Albert Whitted Municipal (SPG).............  27[deg]45'54.4''                 82[deg]37'37.1''
    St. Petersburg Clearwater Int'l (PIE)......  27[deg]54'38.8''                 82[deg]41'14.9''
Salt Lake City, UT: Salt Lake City Int'l (SLC).  40[deg]47'18.2''                 111[deg]58'39.9''
San Antonio, TX: San Antonio Int'l (SAT).......  29[deg]32'01.3''                 98[deg]28'11.2''
San Diego, CA: San Diego Lindbergh Int'l (SAN).  32[deg]44'00.8''                 117[deg]11'22.8''

[[Page 63288]]

 
San Francisco-Oakland, CA:
    Metropolitan Oakland Int'l (OAK)...........  37[deg]43'16.7''                 122[deg]13'14.6''
    San Francisco Int'l (SFO)..................  37[deg]37'08.4''                 122[deg]22'29.4''
San Jose, CA: San Jose Int'l (SJC).............  37[deg]21'42.7''                 121[deg]55'44.4''
San Juan, PR: Luis Munoz (SJU).................  18[deg]26'21.9''                 66[deg]00'06.6''
Santa Barbara, CA: Santa Barbara Municipal       34[deg]25'34.4''                 119[deg]50'25.3''
 (SBA).
Santa Fe, NM: Santa Fe Municipal (SAF).........  35[deg]37'00.4''                 106[deg]05'17.3''
Sarasota, FL: Sarasota/Bradenton International   27[deg]23'43.2''                 82[deg]33'14.8''
 (SRQ).
Savannah, GA: Savannah International (SAV).....  32[deg]07'39.3''                 81[deg]12'07.7''
Seattle, WA:
    Boeing/King County Int'l (BFI).............  47[deg]26'47.9''                 122[deg]18'33.5''
    Seattle-Tacoma Int'l (SEA).................  47[deg]26'56.3''                 122[deg]18'33.5''
Shreveport, LA:
    Shreveport Downtown (DTN)..................  32[deg]32'24.8''                 93[deg]44'42.1''
    Shreveport Regional (SHV)..................  32[deg]26'47.9''                 93[deg]49'32.2''
Sioux City, IA: Sioux Gateway (SUX)............  42[deg]24'09.4''                 96[deg]23'03.7''
Sioux Falls, SD: Joe Foss Field (FSD)..........  43[deg]34'52.9''                 96[deg]44'30.1''
South Bend, IN: South Bend Regional (SBN)......  41[deg]42'32.2''                 86[deg]19'06.5''
Spokane, WA:
    Grant County Int'l (MWH)...................  47[deg]12'27.5''                 119[deg]19'12.7''
    Spokane Int'l (GEG)........................  47[deg]37'11.5''                 117[deg]32'01.8''
Springfield, MA:
    Barnes Municipal (BAF).....................  42[deg]09'27.8''                 72[deg]42'56.2''
    Westover ARB/Metropolitan (CEF)............  42[deg]11'53.8''                 72[deg]32'03.3''
Springfield, MO: Springfield-Branson Regional    37[deg]14'39.6''                 93[deg]23'12.7''
 (SGF).
Syracuse, NY: Syracuse-Hancock Int'l (SYR).....  43[deg]06'40.3''                 76[deg]06'22.7''
Tacoma, WA: Tacoma Narrows (TIW)...............  47[deg]16'04.6''                 122[deg]34'41.2''
Tallahassee, FL: Tallahassee Regional (TLH)....  30[deg]23'47.5''                 84[deg]21'01.2''
Tampa, FL: Tampa Int'l (TPA)...................  27[deg]58'31.7''                 82[deg]31'59.7''
Telluride, CO: Telluride Regional (TEX)........  37[deg]57'13.5''                 107[deg]54'30.5''
Toledo, OH: Toledo Express (TOL)...............  41[deg]35'12.5''                 83[deg]48'28.2''
Trenton, NJ-PA: Trenton Mercer (TTN)...........  40[deg]16'36.1''                 74[deg]48'48.5''
Tucson, AZ: Tucson Int'l (TUS).................  32[deg]06'57.9''                 110[deg]56'27.7''
Tulsa, OK:
    R.L. Jones, Jr. (RVS)......................  36[deg]02'22.7''                 95[deg]59'04.7''
    Tulsa Int'l (TUL)..........................  36[deg]11'54.1''                 95[deg]53'17.7''
Washington, DC:
    Dulles International (IAD).................  38[deg]56'40.3''                 77[deg]27'20.9''
    Ronald Reagan National (DCA)...............  38[deg]51'07.5''                 77[deg]02'15.8''
Waterloo, IA: Waterloo Municipal (ALO).........  42[deg]33'25.5''                 92[deg]24'01.2''
West Palm Beach, FL: Palm Beach International    26[deg]40'59.4''                 80[deg]05'44.1''
 (PBI).
White Plains, NY: Westchester County (HPN).....  41[deg]04'01.1''                 73[deg]42'27.3''
Wichita, KS: Mid-Continent (ICT)...............  37[deg]38'59.9''                 97[deg]25'58.9''
Scranton, PA: Wilkes-Barre/Scranton Int'l (AVP)  41[deg]20'17.3''                 75[deg]43'27.4''
Wilmington, DE: New Castle County (ILG)........  39[deg]40'43.4''                 75[deg]36'23.5''
Worcester, MA: Worcester Regional (ORH)........  42[deg]16'02.4''                 71[deg]52'32.6''
Youngstown-Warren, OH-PA: Youngstown-Warren      41[deg]15'38.7''                 80[deg]40'44.8''
 Regional (YNG).
----------------------------------------------------------------------------------------------------------------
\1\ Coordinates followed by an ``E'' are east longitude.


    6. Section 90.175 is amended by revising paragraph (b)(1) to read 
as follows:


Sec.  90.175  Frequency coordination requirements.

* * * * *
    (b) * * * (1) A statement is required from the applicable frequency 
coordinator as specified in Sec. Sec.  90.20(c)(2) and 90.35(b) 
recommending the most appropriate frequency. In addition, for 
frequencies above 150 MHz, if the interference contour of a proposed 
station would overlap the service contour of a station on a frequency 
formerly shared prior to radio service consolidation by licensees in 
the Manufacturers Radio Service, the Forest Products Radio Service, the 
Power Radio Service, the Petroleum Radio Service, the Motor Carrier 
Radio Service, the Railroad Radio Service, the Telephone Maintenance 
Radio Service or the Automobile Emergency Radio Service, the written 
concurrence of the coordinator for the industry-specific service, or 
the written concurrence of the licensee itself, must be obtained. 
Requests for concurrence must be responded to within 20 days of receipt 
of the request. The written request for concurrence shall advise the 
receiving party of the maximum 20 day response period. The 
coordinator's recommendation may include comments on technical factors 
such as power, antenna height and gain, terrain and other factors which 
may serve to minimize potential interference. In addition:
* * * * *

    7. Section 90.210 is amended by revising the introductory text of 
paragraphs (b), (c), (g), (h), (i), and (j) to read as follows:


Sec.  90.210  Emission masks.

* * * * *
    (b) Emission Mask B. For transmitters that are equipped with an 
audio low-pass filter, the power of any emission must be attenuated 
below the unmodulated carrier power (P) as follows:
* * * * *

[[Page 63289]]

    (c) Emission Mask C. For transmitters that are not equipped with an 
audio low-pass filter, the power of any emission must be attenuated 
below the unmodulated carrier output power (P) as follows:
* * * * *
    (g) Emission Mask G. For transmitters that are not equipped with an 
audio low-pass filter, the power of any emission must be attenuated 
below the unmodulated carrier power (P) as follows:
* * * * *
    (h) Emission Mask H. For transmitters that are not equipped with an 
audio low-pass filter, the power of any emission must be attenuated 
below the unmodulated carrier power (P) as follows:
* * * * *
    (i) Emission Mask I. For transmitters that are equipped with an 
audio low pass filter, the power of any emission must be attenuated 
below the unmodulated carrier power of the transmitter (P) as follows:
* * * * *
    (j) Emission Mask J. For transmitters that are not equipped with an 
audio low-pass filter, the power of any emission must be attenuated 
below the unmodulated carrier power of the transmitter (P) as follows:
* * * * *


Sec.  90.242  [Amended]

    8. In Sec.  90.242 remove and reserve paragraph (a)(1).

PART 95--PERSONAL RADIO SERVICES

    9. The authority citation for part 95 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303.


    10. Section 95.401 is amended by revising paragraph (f) to read as 
follows:


Sec.  95.401 (CB  Rule 1) What are the Citizens Band Radio Services?

* * * * *
    (f) The Multi-Use Radio Service (MURS)--a private, two-way, short-
distance voice or data communications service for personal or business 
activities of the general public. The rules for this service are 
contained in subpart J of this part.

    11. Section 95.603 is amended by revising paragraph (g) to read as 
follows:


Sec.  95.603  Certification required.

* * * * *
    (g) Each Multi-Use Radio Service transmitter (a transmitter that 
operates or is intended to operate in the MURS) must be certificated in 
accordance with Subpart J of Part 2 of this chapter, Provided however, 
that those radio units certificated as of November 12, 2002 need not be 
recertificated.

    12. Section 95.631 is amended by revising paragraph (j) as follows:


Sec.  95.631  Emission types.

* * * * *
    (j) A MURS transmitter must transmit only emission types A1D, A2B, 
A2D, A3E, F2B, F1D, F2D, F3E, G3E. Emission types A3E, F3E and G3E 
include selective calling or tone-operated squelch tones to establish 
or continue voice communications. MURS transmitters are prohibited from 
transmitting in the continuous carrier mode.

    13. Section 95.632 is amended by revising paragraph (b) to read as 
follows:


Sec.  95.632  MURS transmitter frequencies.

* * * * *
    (b) The authorized bandwidth is 11.25 kHz on frequencies 151.820 
MHz, 151.880 MHz and 151.940 MHz. The authorized bandwidth is 20.0 kHz 
on frequencies 154.570 and 154.600 MHz.
* * * * *

    14. Section 95.633 is amended by revising paragraph (f) to read as 
follows:


Sec.  95.633  Emission bandwidth.

* * * * *
    (f) The authorized bandwidth for any emission type transmitted by a 
MURS transmitter is specified as follows:
    (1) Emissions on frequencies 151.820 MHz, 151.880 MHz, and 151.940 
MHz are limited to 11.25 kHz.
    (2) Emissions on frequencies 154.570 and 154.600 MHz are limited to 
20.0 kHz.
    (3) Provided, however, that all A3E emissions are limited to 8 kHz.

    15. Section 95.635 is amended by revising paragraph (e) to read as 
follows:


Sec.  95.635  Unwanted radiation.

* * * * *
    (e) For transmitters designed to operate in the MURS, transmitters 
shall comply with the following:

------------------------------------------------------------------------
                                                Mask with   Mask without
                  Frequency                     audio low     audio low
                                               pass filter   pass filter
------------------------------------------------------------------------
151.820 MHz, 151.880 MHz and 151.940 MHz....          (1)           (1)
154.570 MHz and 154.600 MHz.................          (2)           (3)
------------------------------------------------------------------------

    (1) Emission Mask 1--For transmitters designed to operate with a 
12.5 kHz channel bandwidth, any emission must be attenuated below the 
power (P) of the highest emission contained within the authorized 
bandwidth as follows:
    (i) On any frequency from the center of the authorized bandwidth 
fo to 5.625 kHz removed from fo: Zero dB.
    (ii) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 5.625 kHz but no more than 12.5 kHz: at least 7.27(fd-
2.88 kHz) dB.
    (iii) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 12.5 kHz: at least 50 + 10 log (P) dB or 70 dB, whichever is the 
lesser attenuation.
    (2) Emission Mask 2--For transmitters designed to operate with a 25 
kHz channel bandwidth that are equipped with an audio low-pass filter, 
the power of any emission must be below the unmodulated carrier power 
(P) as follows:
    (i) On any frequency removed from the assigned frequency by more 
than 50 percent, but not more than 100 percent of the authorized 
bandwidth: at least 25 dB.
    (ii) On any frequency removed from the assigned frequency by more 
than 100 percent, but not more than 250 percent of the authorized 
bandwidth: at least 35 dB.
    (iii) On any frequency removed from the assigned frequency by more 
than 250 percent of the authorized bandwidth: at least 43 + 10 log (P) 
dB.
    (3) Emission Mask 3--For transmitters designed to operate with a 25 
kHz channel bandwidth that are not equipped with an audio low-pass 
filter, the power of any emission must be attenuated below the 
unmodulated carrier output power (P) as follows:
    (i) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 5 kHz, but not more than 10 kHz: at least 83 log (fd/5) 
dB.
    (ii) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 10 kHz, but not more than 250 percent of the authorized bandwidth: 
at least 29 log (fd\2\/11) dB or 50 dB, whichever is the 
lesser attenuation.
    (iii) On any frequency removed from the center of the authorized 
bandwidth by more than 250 percent of the authorized bandwidth: at 
least 43 + 10 log (P) dB.

    16. Section 95.639(h) is amended by revising paragraph (h) to read 
as follows:

[[Page 63290]]

Sec.  95.639  Maximum transmitter power.

* * * * *
    (h) No MURS unit, under any condition of modulation, shall exceed 2 
Watts transmitter power output.

    17. Section 95.655 is amended by adding paragraph (d) to read as 
follows:


Sec.  95.655  Frequency capability.

* * * * *
    (d) No transmitter will be certificated for use in MURS if it is 
equipped with a frequency capability not listed in Sec.  95.632.

    18. Section 95.1307 is revised to read as follows:


Sec.  95.1307  Permissible communications.

    (a) MURS stations may transmit voice or data signals as permitted 
in this subpart.
    (b) A MURS station may transmit any emission type listed in Sec.  
95.631(j) of this chapter.
    (c) MURS frequencies may be used for remote control and 
telemetering functions. MURS transmitters may not be operated in the 
continuous carrier transmit mode.
    (d) MURS users shall take reasonable precautions to avoid causing 
harmful interference. This includes monitoring the transmitting 
frequency for communications in progress and such other measures as may 
be necessary to minimize the potential for causing interference.

    19. Section 95.1311 is added to read as follows:


Sec.  95.1311  Repeater operations and signal boosters prohibited.

    MURS stations are prohibited from operating as a repeater station 
or as a signal booster. This prohibition includes store-and-forward 
packet operation.

    20. Section 95.1313 is added to read as follows:


Sec.  95.1313  Interconnection prohibited.

    MURS stations are prohibited from interconnection with the public 
switched network. Interconnection Defined. Connection through automatic 
or manual means of multi-use radio stations with the facilities of the 
public switched telephone network to permit the transmission of 
messages or signals between points in the wireline or radio network of 
a public telephone company and persons served by multi-use radio 
stations. Wireline or radio circuits or links furnished by common 
carriers, which are used by licensees or other authorized persons for 
transmitter control (including dial-up transmitter control circuits) or 
as an integral part of an authorized, private, internal system of 
communication or as an integral part of dispatch point circuits in a 
multi-use radio station are not considered to be interconnection for 
purposes of this rule part.

    21. Section 95.1315 is added to read as follows:


Sec.  95.1315  Antenna height restriction.

    The highest point of any MURS antenna must no be more than 18.3 
meters (60 feet) above the ground or 6.10 meters (20 feet) above the 
highest point of the structure on which it is mounted.

    22. Section 93.1317 is added to read as follows:


Sec.  95.1317  Grandfathered MURS Stations.

    Stations that were licensed under Part 90 of the Commission's Rules 
to operate on MURS frequencies as of November 13, 2000, are granted a 
license by rule that authorizes continued operations under the terms of 
such nullified part 90 authorizations, including any rule waivers.

[FR Doc. 02-25396 Filed 10-10-02; 8:45 am]
BILLING CODE 6712-01-P