[Federal Register Volume 67, Number 225 (Thursday, November 21, 2002)]
[Proposed Rules]
[Pages 70196-70199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29437]



[[Page 70196]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 02-318; RM-10184; FCC 02-281]


Airport Terminal Use Frequencies in the 450-470 MHz Band of the 
Private Land Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document grants the Petition for Rulemaking (Petition) 
filed by the Personal Communications Industry Association (PCIA), which 
seeks to initiate a proceeding to explore amending of the Commission's 
Rules. Specifically, the NPRM seeks comment on revising the power 
limits governing frequencies designated on a primary basis for 
``Airport Terminal Use'' (ATU). The NPRM also seeks comment on what 
measures, if any, are necessary to safeguard the integrity of 
communications by public safety, railroad and utility entities (namely: 
water, energy and gas) as well as other licensed operations, such as 
Wireless Medical Telemetry Service (WMTS), that may be impacted by 
PCIA's proposed rule changes. The NPRM also seeks comment on class 
codes to recognize ATU operations.

DATES: Comments are due on or before December 23, 2002 and reply 
comments are due on or before January 6, 2003.

ADDRESSES: Federal Communications Commission 445 12th Street, SW., TW-
A325, Washington, DC 20554. See Supplementary Information for filing 
instructions.

FOR FURTHER INFORMATION CONTACT: John Evanoff, Esq., at (202) 418-0848, 
[email protected], or Thomas Eng, (202) 418-0019, [email protected], Policy 
and Rules Branch, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking, FCC 02-281, adopted on October 4, 2002, and 
released on October 10, 2002. The full text of this document is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, 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 or at [email protected].
    1. In this Notice of Proposed Rulemaking (NPRM), we seek comment on 
revisions to the use of the Airport Terminal Use (ATU) frequencies in 
the 450-470 MHz Private Land Mobile Radio (PLMR) Industrial Business 
(I/B) Pool. We find that a rulemaking proceeding is warranted to allow 
consideration of the issues and proposals presented in the Personal 
Communications Industry Association's (PCIA) Petition for Rulemaking 
(Petition). Accordingly, we grant PCIA's Petition to initiate this 
proceeding.
    2. Specifically, this NPRM seeks comment on revising Sec.  90.35(c) 
of our Rules regarding the ATU frequencies to:
    [sbull] Delete the 3-watt total output power (TPO) limit for 
transmitters operating on ATU mobile-only frequencies and adopt a 
general effective radiated power (ERP) standard.
    [sbull] Convert the power limit for base transmitters operating on 
ATU base/mobile frequencies from 20-watts TPO to 100-watts ERP.

In addition, the NPRM seeks comment on whether the Universal Licensing 
System (ULS) should be modified to recognize ATU frequencies and the 
associated operational requirements, and if so, how.
    3. We believe that revising the current power limits could enhance 
airport terminal communications and thereby further the public 
interest. We nonetheless are concerned that such rule changes may 
adversely impact aviation-related communications, public safety, 
railroad and utility (namely: energy, water and gas) communications and 
wireless medical telemetry service (WMTS) operations. We are also 
concerned that such rule changes may adversely impact the operations of 
non-ATU I/B entities that are co-channel licensees--on a secondary 
basis to ATU licensees--at sites located at least 10 miles from 242 
airports for which the ATU frequencies are designated. Accordingly, in 
commencing this proceeding, we specifically urge interested parties to 
comment on the impact that any proposed rule changes would have on the 
operations of non-ATU licensees. We also seek comment on alternatives 
to PCIA's proposals.

I. Procedural Matters

A. Ex Parte Rule--Permit-but-Disclose Proceeding

    4. 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.

B. Initial Regulatory Flexibility Analysis

    5. As required by Section 603 of the Regulatory Flexibility Act, 5 
U.S.C. 603, the Commission has prepared an Initial Regulatory 
Flexibility Analysis (IRFA) of the expected impact on small entities of 
the proposals suggested in this document. The IRFA is set forth 
further. Written public comments are requested on the IRFA. These 
comments must be filed in accordance with the same filing deadlines as 
comments filed in this NPRM, but they must have a separate and distinct 
heading designating them as responses to the IRFA. The Commission's 
Consumer Information Bureau, Reference Information Center, shall send a 
copy of this NPRM, including the IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration in accordance with 
Section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 603(a).

C. Initial Paperwork Reduction Analysis

    6. This NPRM does not contain either a proposed or modified 
information collection.

D. Alternative Formats

    7. Alternative formats (computer diskette, large print, audio 
cassette and Braille) are available from Brian Millin, Consumer and 
Governmental Affairs Bureau, at (202) 418-7426, TTY (202) 418-7365, or 
at [email protected]. This NPRM can also be downloaded at http://wireless.fcc.gov/releases.html.

E. Comment Dates

    8. Pursuant to Sec. Sec.  1.415 and 1.419 of our rules interested 
parties may file comments on or before December 23, 2002, and reply 
comments on or before January 6, 2003. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS) or by filing paper 
copies.
    9. 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, U.S. Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by

[[Page 70197]]

Internet e-mail. To obtain 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 .'' A sample form and directions will be sent in 
reply. 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. 
Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). The Commission's contractor, Vistronix, Inc., 
will receive hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, 
Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 
p.m. All hand deliveries must be held together with rubber bands or 
fasteners. Any envelopes must be disposed of before entering the 
building. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554. All filings must be addressed to the 
Commission's Secretary, Office of the Secretary, Federal Communications 
Commission.

II. Initial Regulatory Flexibility Certification

    10. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities by the 
policies and rules proposed in this NPRM. Written public comments are 
requested on this IRFA. Comments must be identified as responses to the 
IRFA and must be filed by the deadlines for comments on the NPRM 
provided in paragraph 23, supra. The Commission will send a copy of the 
NPRM, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (SBA). In addition, the NPRM and IRFA (or 
summaries thereof) will be published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    11. In this NPRM, we propose to amend the maximum output power for 
airport terminal use frequencies identified in 47 CFR 90.35(c)(48) to 
100-watts maximum effective radiated power. We believe such 
modification would be in the public interest because it would enhance 
the efficient use of spectrum, permit greater efficiency in use of 
airport terminal communications, and facilitate Homeland Security 
measures at airports. In this NPRM we also propose to delete the 
maximum output power for airport use frequencies identified in 47 CFR 
90.35(c)(11) and (68).

B. Legal Basis

    12. Authority for the proposed rules included in this NPRM 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. 1, 154(i), 302, 
303(f) and (r), and 332.

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

    13. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. 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. Below, we further describe and estimate the number of 
small entity licensees and regulatees that may be affected by the 
proposed rules, if adopted.
    14. Estimates for Private Land Mobile Radio (PLMR) Licensees. PLMR 
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 cellular and telecommunications, which has the small business 
size standard of no more than 1,500 employees. 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.
    15. Equipment Manufacturers. The SBA has established a small 
business size standard for Radio and Television Broadcasting and 
Wireless Communications Equipment Manufacturing. Under this standard, 
business firms are considered small if they have 750 or fewer 
employees. Census data for 1997 indicate that, for that year, there 
were a total of 1,215 establishments in this category. Of those, there 
were 1150 that had employment under 500, and an additional 37 that had 
employment of 500 to 999. The percentage of broadcast equipment 
manufacturers to others in this category is approximately 22%, so we 
estimate that the number of broadcast equipment manufacturers with 
employment under 500 was actually closer to 253, with an additional 8 
establishments having employment of between 500 and 999.

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

    16. The proposed rules will not entail reporting, recordkeeping, 
and or third-party consultation. These changes do not contain any new 
or modified form, information collection, and/or record keeping, 
labeling, disclosure, or record retention requirements and will not 
increase or decrease burden hours imposed on the public.

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

    17. The RFA requires an agency to describe any significant, 
specifically small business, alternatives 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 and 
reporting requirements under the rule for such 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 such small 
entities.'' The Commission invited public comment on alternative 
proposals to address the

[[Page 70198]]

problems identified by PCIA. Specifically, the Commission sought 
comment on measures to minimize the impact of granting PCIA's proposals 
on PLMR licensees, and on waivers of the existing power limits for ATU 
mobile stations, which would exempt, on a case-by-case basis, PLMR 
licensees from coverage of the specified rules. The proposed rule 
changes contained herein have been analyzed with respect to the 
Paperwork Reduction Act of 1980.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    18. None.

III. Ordering Clauses

    19. 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 Rulemaking filed by the Personal 
Communications Industry Association, Inc., on June 25, 2001, and 
supplemented on May 21, 2002, is granted to the extent indicated 
herein.
    20. 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.
    21. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Notice of 
Proposed Rule Making, WT Docket No. 02-318, 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, 5 U.S.C. 601-612.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    Part 90 of Chapter 1 of title 47 of the Code of Federal Regulations 
is proposed to be amended as follows:
    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), 
303(g), 303(r), and 332(c)(7).

    2. In Sec.  90.35, paragraph (b)(3) is amended by revising the 
entries for frequencies 460.650 through 460.89375 and 465.650 through 
465.89375 and by revising paragraph (c)(48) to read as follows:

Sec.  90.35  Industrial business pool.

* * * * *
    (b) * * *
    (3) * * *

----------------------------------------------------------------------------------------------------------------
          Frequency or band              Class of station(s)          Limitations              Coordinator
----------------------------------------------------------------------------------------------------------------
460.650..............................   . . . . . . do........  48, 61, 62.............
460.65625............................   . . . . . . do........  33, 48, 61, 62.........
460.6625.............................   . . . . . . do........  30, 48, 61, 62, 69.....
460.66875............................   . . . . . . do........  33, 48, 61, 62.........
460.675..............................   . . . . . . do........  48, 61, 62.............
460.68125............................   . . . . . . do........  33, 48, 61, 62.........
460.6875.............................   . . . . . . do........  30, 48, 61, 62, 69.....
460.69375............................   . . . . . . do........  33, 48, 61, 62.........
460.700..............................   . . . . . . do........  48, 61, 62.............
460.70625............................   . . . . . . do........  33, 48, 61, 62.........
460.7125.............................   . . . . . . do........  30, 48, 61, 62, 69.....
460.71875............................   . . . . . . do........  33, 48, 61, 62.........
460.725..............................   . . . . . . do........  48, 61, 62.............
460.73125............................   . . . . . . do........  33, 48, 61, 62.........
460.7375.............................   . . . . . . do........  30, 48, 61, 62, 69.....
460.74375............................   . . . . . . do........  33, 48, 61, 62.........
460.750..............................   . . . . . . do........  48, 61, 62.............
460.75625............................   . . . . . . do........  33, 48, 61, 62.........
460.7625.............................   . . . . . . do........  30, 48, 61, 62, 69.....
460.76875............................   . . . . . . do........  33, 48, 61, 62.........
460.775..............................   . . . . . . do........  48, 61, 62.............
460.78125............................   . . . . . . do........  33, 48, 61, 62.........
460.7875.............................   . . . . . . do........  30, 48, 61, 62, 69.....
460.79375............................   . . . . . . do........  33, 48, 61, 62.........
460.800..............................   . . . . . . do........  48, 61, 62.............
460.80625............................   . . . . . . do........  33, 48, 61, 62.........
460.8125.............................   . . . . . . do........  30, 48, 61, 62, 69.....
460.81875............................   . . . . . . do........  33, 48, 61, 62.........
460.825..............................   . . . . . . do........  48, 61, 62.............
460.83125............................   . . . . . . do........  33, 48, 61, 62.........
460.8375.............................   . . . . . . do........  30, 48, 61, 62, 69.....
460.84375............................   . . . . . . do........  33, 48, 61, 62.........
460.850..............................   . . . . . . do........  48, 61, 62.............
460.85625............................   . . . . . . do........  33, 48, 61, 62.........
460.8625.............................   . . . . . . do........  30, 48, 61, 62, 69.....
460.86875............................   . . . . . . do........  33, 48, 61, 62.........
460.875..............................   . . . . . . do........  48, 61, 62.............
460.88125............................   . . . . . . do........  33, 48, 61, 62.........
460.8875.............................   . . . . . . do........  30, 48, 61, 62, 69.....
460.89375............................   . . . . . . do........  33, 48, 61, 62.........
465.650..............................   . . . . . . do........  61, 62.................
465.65625............................   . . . . . . do........  33, 61, 62.............
465.6625.............................   . . . . . . do........  30, 61, 62, 69.........
465.66875............................   . . . . . . do........  33, 61, 62.............

[[Page 70199]]

 
465.675..............................   . . . . . . do........  61, 62.................
465.68125............................   . . . . . . do........  33, 61, 62.............
465.6875.............................   . . . . . . do........  30, 61, 62, 69.........
465.69375............................   . . . . . . do........  33, 61, 62.............
465.700..............................   . . . . . . do........  61, 62.................
465.70625............................   . . . . . . do........  33, 61, 62.............
465.7125.............................   . . . . . . do........  30, 61, 62, 69.........
465.71875............................   . . . . . . do........  33, 61, 62.............
465.725..............................   . . . . . . do........  61, 62.................
465.73125............................   . . . . . . do........  33, 61, 62.............
465.7375.............................   . . . . . . do........  30, 61, 62, 69.........
465.74375............................   . . . . . . do........  33, 61, 62.............
465.750..............................   . . . . . . do........  61, 62.................
465.75625............................   . . . . . . do........  33, 61, 62.............
465.7625.............................   . . . . . . do........  30, 61, 62, 69.........
465.76875............................   . . . . . . do........  33, 61, 62.............
465.775..............................   . . . . . . do........  61, 62.................
465.78125............................   . . . . . . do........  33, 61, 62.............
465.7875.............................   . . . . . . do........  30, 61, 62, 69.........
465.79375............................   . . . . . . do........  33, 61, 62.............
465.800..............................   . . . . . . do........  61, 62.................
465.80625............................   . . . . . . do........  33, 61, 62.............
465.8125.............................   . . . . . . do........  30, 61, 62, 69.........
465.81875............................   . . . . . . do........  33, 61, 62.............
465.825..............................   . . . . . . do........  61, 62.................
465.83125............................   . . . . . . do........  33, 61, 62.............
465.8375.............................   . . . . . . do........  30, 61, 62, 69.........
465.84375............................   . . . . . . do........  33, 61, 62.............
465.850..............................   . . . . . . do........  61, 62.................
465.85625............................   . . . . . . do........  33, 61, 62.............
465.8625.............................   . . . . . . do........  30, 61, 62, 69.........
465.86875............................   . . . . . . do........  33, 61, 62.............
465.875..............................   . . . . . . do........  61, 62.................
465.88125............................   . . . . . . do........  33, 61, 62.............
465.8875.............................   . . . . . . do........  30, 61, 62, 69.........
465.89375............................   . . . . . . do........  33, 61, 62.............
----------------------------------------------------------------------------------------------------------------

* * * * *
    (c) * * *
    (48) Except as noted in paragraph (c)(61) of this section, 
operation on this frequency is limited to a maximum of 100 watts 
effective radiated power in accordance with the maximum ERP and 
reference HAAT for a specific service area radius provisions of Sec.  
90.205 table 2.
* * * * *
[FR Doc. 02-29437 Filed 11-20-02; 8:45 am]
BILLING CODE 6712-01-P