[Federal Register Volume 70, Number 56 (Thursday, March 24, 2005)]
[Rules and Regulations]
[Pages 15005-15010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5843]



[[Page 15005]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 02-318; RM-10184; FCC 05-16]


Amendment of the Commission's Rules Concerning Airport Terminal 
Use Frequencies in the 450-470 MHz Band of the Private Land Mobile 
Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document the Commission addresses comments received in 
response to a Notice of Proposed Rulemaking, released by the Commission 
on October 10, 2002, which sought comment on proposed revisions to the 
Commission's rules and policies regarding Airport Terminal Use (ATU) 
frequencies in the 450-470 MHz Private Land Mobile Radio (PLMR) 
Industrial Business (I/B) Pool. The Notice of Proposed Rulemaking was 
issued in response to a Petition for Rulemaking filed on June 25, 2001 
by the Personal Communications Industry Association, Inc. (PCIA), an 
FCC-certified frequency coordinator. Generally, the Notice of Proposed 
Rulemaking considered PCIA's recommendations and proposed to revise the 
power limits on ATU frequencies in order to facilitate communications 
at large airports.

DATES: Effective April 25, 2005.

FOR FURTHER INFORMATION CONTACT: Thomas Eng, [email protected], Public 
Safety and Critical Infrastructure Division, Wireless 
Telecommunications Bureau, (202) 418-0019, TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Report and Order, FCC 05-16, adopted on 
January 18, 2005, and released on January 24, 2005. 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 FCC's 
copy contractor, Best Copy and Printing, Inc., 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. As discussed below, the Report and Order (R&O) implements many 
of the proposals set forth in the Notice of Proposed Rulemaking (NPRM), 
as well as additional changes related to operations on ATU frequencies. 
The R&O furthers the public interest by improving spectrum efficiency, 
both in and around airports, and by allowing airport personnel and 
other licensees on ATU frequencies to communicate with fewer 
restrictions. Moreover, licensees will benefit from increased power 
limits, which should result in more reliable radio communication, with 
fewer dead spots and greater communications range. These improvements 
are important to the general public because airports depend on reliable 
communications for conducting safe and efficient ground operations, and 
because they ensure the safety of passengers and airport employees.
    2. The major decisions in the R&O are as follows:
     We convert all power limits on ATU frequencies from 
transmitter power output (TPO) to effective radiated power (ERP).
     We increase the power limits for primary ATU mobile units 
operating at the 242 airports listed in Sec.  90.35(c)(61)(iv) of our 
rules.
     We increase the power limits for mobile units operating on 
a secondary basis at locations more than fifty miles (eighty 
kilometers) from the 242 airports listed in part 90 of our rules.
    3. The following chart summarizes the power limits for ATU 
frequencies based on the decisions in this R&O.

                                                            Power Limits for ATU Frequencies
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Distance from protected
           Service and status                     airports                                               Power limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
ATU Primary............................  0-10 miles (0-16 km)......  100 watts ERP for base stations (460 MHz side of pair).
                                                                     40 watts ERP for mobile units (465 MHz side of pair).
I/B Secondary..........................  10-50 miles (16-80 km)....  10 watts ERP for base stations (460 MHz side of pair).
                                                                     6 watts ERP for mobile units (465 MHz side of pair).
I/B Secondary..........................  >50 miles (80 km).........  300 watts ERP for base stations (460 MHz side of pair).
                                                                     120 watts ERP for mobile units (465 MHz side of pair).
--------------------------------------------------------------------------------------------------------------------------------------------------------

I. Procedural Matters

A. Regulatory Flexibility Act Analysis

    4. As required by section 603 of the Regulatory Flexibility Act, 5 
U.S.C. 603, the Commission has prepared a Final Regulatory Flexibility 
Analysis (FRFA) of the expected impact on small entities of the 
proposals suggested in this document. The FRFA is set forth below.

B. Paperwork Reduction Act of 1995 Analysis

    5. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified ``information collection burden for small business 
concerns with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

C. Report to Congress

    6. The Commission will send a copy of this Report and Order in a 
report to be sent to Congress and the General Accounting Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

II. Final Regulatory Flexibility Analysis

    7. As required by the Regulatory Flexibility Act of 1980 as amended 
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rule Making (NPRM). The 
Commission sought written public comment on the proposals in the NPRM, 
including comment on the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.

Need for, and Objectives of, the Final Rules

    8. The rule changes implemented herein are needed in order to 
facilitate the communications needs of Airport Terminal Use (ATU) 
licensees in the 460-470 MHz band. We believe that certain rule 
modifications are in the public interest because they will enhance the 
efficient use of spectrum, permit greater efficiency in use of airport 
terminal communications, and

[[Page 15006]]

facilitate Homeland Security measures at airports. We further believe 
that certain modifications are in the public interest because they will 
enhance the efficient use of spectrum for mobile units at fifty miles 
or more from protected airports.
    9. In this Report and Order (R&O), we convert all power limits on 
ATU frequencies from transmitter power output (TPO) to effective 
radiated power (ERP); we amend the maximum output power for ATU 
frequencies identified in 47 CFR 90.35(c)(48) to a 100-watt maximum 
ERP. We also amend the maximum output power for ATU frequencies 
identified in 47 CFR 90.35(c) and (68), from 3 watts TPO to 40 watts 
ERP; for ATU frequencies identified in 47 CFR 90.35(c)(11), we increase 
the power limit from 2 watts TPO to 120 watts ERP for mobile units 
operating on a secondary basis at locations more than fifty miles 
(eighty kilometers) from airports listed in 47 CFR 90.35(c)(61)(iv); we 
delay any increase or conversion in power on ATU frequencies subject to 
47 CFR 90.35(c)(69) until the freeze on high-power applications for 
land mobile applications on 460-470 MHz band ``offset'' channels is 
lifted, in order to protect wireless medical telemetry systems (WMTS) 
that have yet to migrate out of the band; we delegate authority to the 
Wireless Telecommunications Bureau (WTB) to create new station class 
codes for the Universal Licensing System (ULS) that will identify 
primary ATU users; we will allow licensees to submit applications 
requesting the new ATU station class codes without requiring frequency 
coordination so long as no other modifications are made to the 
licenses; we grandfather stations authorized to operate on ATU 
frequencies at power levels in excess of our current rules; and we will 
allow licensees to submit applications voluntarily to convert power 
levels on licenses from TPO to ERP, but we require frequency 
coordination for such modifications.

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

    10. There were no comments filed that specifically addressed the 
rules and policies proposed in the IRFA.

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

    11. 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 rules adopted herein. 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 ``small business concern'' under the Small Business Act. A 
``small business concern'' is one that: (1) Is independently owned and 
operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA).
    12. 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 
Cellular and Other Wireless Telecommunications, which has the small 
business size standard of no more than 1,500 employees. According to 
Census Bureau data for 1997, in this category there was a total of 977 
firms that operated for the entire year. Of this total, 965 firms had 
employment of 999 or fewer employees, and an additional twelve firms 
had employment of 1,000 employees or more. Thus, under this size 
standard, the majority of firms can be considered small. Currently, the 
Commission's licensing database indicates that there are approximately 
174,000 active licenses in the PLMR bands below 512 MHz.
    13. 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 percent, 
so we estimate that the number of broadcast equipment manufacturers 
with employment under 500 was actually closer to 253, with an 
additional eight establishments having employment of between 500 and 
999.

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    14. No new reporting, recordkeeping, or other compliance 
requirements would be imposed on applicants or licensees as a result of 
the rules adopted in this proceeding.

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

    15. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing its 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.''
    16. With respect to the conversion of units on power limits on ATU 
frequencies TPO to ERP, the Commission believes that small businesses 
will experience minimal impact and will benefit from improved frequency 
coordination. Licensees that choose to modify their licenses to take 
advantage of new power limits will need to report ERP values instead of 
TPO. Further, we require that applications for power modification on 
these channels be frequency coordinated, and this requirement will 
further minimize any impact our rule revisions impose on licensees. The 
combination of improved frequency coordination and new power limits 
will benefit both large and small businesses.
    17. Admittedly, there may be some minor inconveniences during the 
transition to the new regulatory regime. First, we anticipate that 
small businesses may experience a minor inconvenience as a result of 
the change in power unit terminology. Second, small businesses may also 
view the modification as a minor administrative burden. Third, there 
may be a transition period where some licenses reflect TPO values while 
others reflect ERP.
    18. Despite these inconveniences, we believe they are acceptable 
for the following reasons. We note that license modifications are 
voluntary. We encourage, but do not require, licensees to modify their 
licenses to take advantage of new power limits. We also note that 
modifications can be

[[Page 15007]]

performed at the time of license renewal to minimize administrative 
costs. The incentives for more licenses to have ERP power values on ATU 
frequencies are: a better overall frequency coordination process, and 
having a power limit that more accurately represents station power than 
does TPO. Improved frequency coordination results in better 
interference protection to all licensees, including small entities. We 
reject the alternative of leaving power limits in terms of TPO because 
the Commission noted that it generally favors ERP terminology and 
because TPO values can result in a variety of actual power levels due 
to a variety of antenna gains. We believe that TPO limits frustrate the 
frequency coordination process, and therefore incumbent licensees would 
not be assured of interference protection.
    19. The next rule change we adopt herein increases the power limits 
for ATU primary users at the protected airports. Although increasing 
the power limits on these channels could decrease the number of 
operators possible in a given area, thereby potentially reducing 
opportunities for smaller entities, nevertheless we believe that 
regardless of the possible impact on smaller entities, the need for 
higher power on these channels outweighs the potential for reduction of 
the number of licensees. Maintaining the current power limits as an 
alternative to these rule changes is unacceptable because it maintains 
the current power restriction of 20 watts output power for base 
stations and 3 watts output power for mobile units at protected 
airports. Thus, to retain lower power levels disserves the public 
interest by restricting efficient radio communications by primary 
licensees at airports.
    20. A second alternative to the increased power limits adopted 
herein for ATU primary base/mobile frequencies would be to implement 
the power limits of Sec.  90.205 of the Commission's rules. We have 
considered but reject this option because Sec.  90.205 of the 
Commission's rules lowers power limits to unacceptably low levels or 
raises power limits to exceptionally high levels, depending on the size 
of the designated service area of a station. For service area radii 
smaller than three kilometers (approximately two miles), Sec.  90.205 
of the Commission's rules limits power to 2 watts ERP, which is less 
than the 20 watts TPO that is currently authorized. Such a power 
reduction could further hamper the ability of airport personnel to 
communicate. Section 90.205 of the Commission's rules also allows 500 
watts ERP for service areas between thirteen and sixteen kilometers 
(eight and ten miles). We believe that such a large power limit could 
subject secondary I/B users and small businesses to excessive 
interference at distances from ten to fifty miles from protected 
airports. We reject the implementation of Sec.  90.205 of the 
Commission's rules in favor of the more moderate power limit changes 
adopted herein, which strike a balance between enhancing wireless 
communications and providing interference protection.
    21. We note, however, that our decision to raise power levels 
involved consideration of other alternatives that could improve the 
communications capabilities of mobiles on the ATU frequencies, such as 
signal boosters and wireline connections. These alternatives, however, 
do not address the need, especially at large airports, for enhanced 
wireless communications. Moreover, as the Personal Communications 
Industry Association, Inc. (PCIA) stated in its comments, there are 
other problems with signal boosters, which are expensive and require 
extensive electrical conduit modifications. Further, no commenters 
supported signal boosters and wireline connections in favor of 
increasing wireless power limits.
    22. The next rule change we adopt herein increases the power limit 
for Industrial/Business (I/B), secondary, mobile units operating on the 
forty ATU mobile channels at distances of fifty miles or more from 
protected airports. The mobile power limit increase from 3 watts TPO to 
120 watts ERP lessens the incongruity with the power limit of base 
stations, which is 300 watts ERP. All licensees, including small 
businesses, will benefit from this mobile power limit increase because 
mobile units will have increased communications range within the 
service area footprint of their base stations. The power limit increase 
enables radio systems to make more efficient use of their assigned 
spectrum. At the same time, we anticipate little additional 
interference to primary ATU licensees and secondary non-ATU licensees 
within fifty miles of the protected airports because the base station 
power limit remains unchanged. The service area footprint is determined 
by the base station's ERP and antenna height. Maintaining the current 
mobile unit power limit as an alternative to this rule change is 
unacceptable because it maintains the current power restriction of 2 
watts output power for mobile units at fifty miles or more from 
protected airports. Thus, to retain lower power levels disserves the 
public interest by restricting efficient radio communications by 
secondary licensees in designated areas around airports.
    23. Our decision to delay the implementation date of the new rules 
on the ATU/wireless medical telemetry frequencies until thirty days 
after the lifting of the freeze on high power applications, scheduled 
for December 31, 2005, will protect wireless medical telemetry users in 
the 460-470 MHz band, which includes small businesses at hospitals and 
medical facilities. An alternative would be to implement the rules 
concurrently with the non-telemetry frequencies. However, we reject 
this alternative because it increases the risk of harmful interference 
to wireless medical telemetry users from the ATU primary and I/B 
secondary power limit increases.
    24. We believe that the implementation of new station class codes 
is a benefit to all users that are licensed on ATU frequencies, 
including small businesses. We anticipate only a minor administrative 
burden in voluntarily modifying licenses to reflect new station class 
codes. We note that no fee will be charged and frequency coordination 
is not required for such modification. The station class codes will 
distinguish between primary ATU and secondary I/B licenses in ULS. The 
major benefits will be to allow licensees on ATU frequencies to take 
advantage of the appropriate new power limits and eliminate the 
ambiguity as to what rules apply to which licensees. The identification 
of ATU primary licenses through station class codes also facilitates 
the frequency coordination process and ensures interference protection 
to airport stations.
    25. Our decision to grandfather stations authorized to operate on 
ATU frequencies at power levels in excess of our current rules will 
minimize the impact of our rules on such stations, including small 
entities. Such stations may continue to operate as usual and are not 
required to comply with the rules adopted herein. However, the 
Commission will investigate any reports of harmful interference from 
such stations and take appropriate action. Our decision allows such 
stations to avoid or defer the administrative burden of modifying their 
licenses. As discussed above, we do not require license modifications 
to take advantage of the new power limits. However, at such time when a 
grandfathered station desires to modify its license to take advantage 
of the power limits adopted herein, we will require compliance with the 
new rules, power levels in the form of ERP, and frequency coordination 
as discussed above. We have considered

[[Page 15008]]

the alternative to grandfathering, which is requiring the compliance of 
all licensees on ATU frequencies. We reject this alternative because it 
imposes immediate administrative burdens on stations and small entities 
that do not want license modification, and we are concerned that it may 
force such entities to discontinue operations.

Report to Congress

    26. The Commission will send a copy of this Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of this Report and Order, including this FRFA, to the Chief Counsel for 
Advocacy of the SBA. A copy of this Report and Order and FRFA (or 
summaries thereof) will also be published in the Federal Register.

III. Ordering Clauses

    27. Accordingly, pursuant to sections 4(i), 303(f), 303(r), and 332 
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
303(f), 303(r) and 332, this Report and Order is adopted.
    28. It is further ordered that part 90 of the Commission's rules is 
amended, effective April 25, 2005.
    29. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the U.S. 
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, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

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

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
1. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r) and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r) and 332(c)(7).

0
2. Amend Sec.  90.35 as follows:
0
a. Amend the table in paragraph (b)(3) by revising the Limitations 
entries in the Frequency or band entries 460.650 through 460.89375 and 
465.650 through 465.89375;
0
b. Revise paragraph (c)(48);
0
c. Revise paragraph (c)(61)(i) through (c)(61)(iii) (The table 
following paragraph (c)(61)(iv) remains unchanged);
0
d. Add paragraph (c)(61)(v); and
0
e. Revise paragraph (c)(68).


Sec.  90.35  Industrial/Business Pool.

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

                                    Industrial/Business Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
             Frequency or band                     Class of station(s)          Limitations       Coordinator
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
460.650....................................  ......do......................            61, 62
460.65625..................................  ......do......................        33, 61, 62
460.6625...................................  ......do......................    30, 61, 62, 69
460.66875..................................  ......do......................        33, 61, 62
460.675....................................  ......do......................            61, 62
460.68125..................................  ......do......................        33, 61, 62
460.6875...................................  ......do......................    30, 61, 62, 69
460.69375..................................  ......do......................        33, 61, 62
460.700....................................  ......do......................            61, 62
460.70625..................................  ......do......................        33, 61, 62
460.7125...................................  ......do......................    30, 61, 62, 69
460.71875..................................  ......do......................        33, 61, 62
460.725....................................  ......do......................            61, 62
460.73125..................................  ......do......................        33, 61, 62
460.7375...................................  ......do......................    30, 61, 62, 69
460.74375..................................  ......do......................        33, 61, 62
460.750....................................  ......do......................            61, 62
460.75625..................................  ......do......................        33, 61, 62
460.7625...................................  ......do......................    30, 61, 62, 69
460.76875..................................  ......do......................        33, 61, 62
460.775....................................  ......do......................            61, 62
460.78125..................................  ......do......................        33, 61, 62
460.7875...................................  ......do......................    30, 61, 62, 69
460.79375..................................  ......do......................        33, 61, 62
460.800....................................  ......do......................            61, 62
460.80625..................................  ......do......................        33, 61, 62
460.8125...................................  ......do......................    30, 61, 62, 69
460.81875..................................  ......do......................        33, 61, 62
460.825....................................  ......do......................            61, 62
460.83125..................................  ......do......................        33, 61, 62
460.8375...................................  ......do......................    30, 61, 62, 69
460.84375..................................  ......do......................        33, 61, 62
460.850....................................  ......do......................            61, 62
460.85625..................................  ......do......................        33, 61, 62
460.8625...................................  ......do......................    30, 61, 62, 69
460.86875..................................  ......do......................        33, 61, 62

[[Page 15009]]

 
460.875....................................  ......do......................            61, 62
460.88125..................................  ......do......................        33, 61, 62
460.8875...................................  ......do......................    30, 61, 62, 69
460.89375..................................  ......do......................        33, 61, 62
 
                                                  * * * * * * *
465.650....................................  ......do......................            62, 68
465.65625..................................  ......do......................        33, 62, 68
465.6625...................................  ......do......................    30, 62, 68, 69
465.66875..................................  ......do......................        33, 62, 68
465.675....................................  ......do......................            62, 68
465.68125..................................  ......do......................        33, 62, 68
465.6875...................................  ......do......................    30, 62, 68, 69
465.69375..................................  ......do......................        33, 62, 68
465.700....................................  ......do......................            62, 68
465.70625..................................  ......do......................        33, 62, 68
465.7125...................................  ......do......................    30, 62, 68, 69
465.71875..................................  ......do......................        33, 62, 68
465.725....................................  ......do......................            62, 68
465.73125..................................  ......do......................        33, 62, 68
465.7375...................................  ......do......................    30, 62, 68, 69
465.74375..................................  ......do......................        33, 62, 68
465.750....................................  ......do......................            62, 68
465.75625..................................  ......do......................        33, 62, 68
465.7625...................................  ......do......................    30, 62, 68, 69
465.76875..................................  ......do......................        33, 62, 68
465.775....................................  ......do......................            62, 68
465.78125..................................  ......do......................        33, 62, 68
465.7875...................................  ......do......................    30, 62, 68, 69
465.79375..................................  ......do......................        33, 62, 68
465.800....................................  ......do......................            62, 68
465.80625..................................  ......do......................        33, 62, 68
465.8125...................................  ......do......................    30, 62, 68, 69
465.81875..................................  ......do......................        33, 62, 68
465.825....................................  ......do......................            62, 68
465.83125..................................  ......do......................        33, 62, 68
465.8375...................................  ......do......................    30, 62, 68, 69
465.84375..................................  ......do......................        33, 62, 68
465.850....................................  ......do......................            62, 68
465.85625..................................  ......do......................        33, 62, 68
465.8625...................................  ......do......................    30, 62, 68, 69
465.86875..................................  ......do......................        33, 62, 68
465.875....................................  ......do......................            62, 68
465.88125..................................  ......do......................        33, 62, 68
465.8875...................................  ......do......................    30, 62, 68, 69
465.89375..................................  ......do......................        33, 62, 68
----------------------------------------------------------------------------------------------------------------

* * * * *
    (c) * * *
    (48) Operation on this frequency is limited to a maximum output 
power of 20 watts.
* * * * *
    (61) This frequency is available for assignment as follows:
    (i) To persons furnishing commercial air transportation service or, 
pursuant to Sec.  90.179, to an entity furnishing radio communications 
service to persons so engaged, for stations located on or near the 
airports listed in paragraph (c)(61)(iv) of this section. Stations will 
be authorized on a primary basis and may be used only in connection 
with servicing and supplying of aircraft. Operation on this frequency 
is limited to a maximum effective radiated power (ERP) of 100 watts at 
locations within 16 km (10 miles) of the coordinates of the listed 
airports.
    (ii) To stations in the Industrial/Business Pool for secondary use 
at locations 80 km (approximately 50 miles) or more from the 
coordinates of the listed airports. Operation will be limited to a 
maximum ERP of 300 watts.
    (iii) To stations in the Industrial/Business Pool for secondary use 
at locations greater than 16 km (approximately 10 miles) but less than 
80 km (approximately 50 miles) from the coordinates of the listed 
airports. Operation will be limited to a maximum ERP of 10 watts. Use 
of this frequency is restricted to the confines of an industrial 
complex or manufacturing yard area. Stations licensed prior to April 
25, 2005, may continue to operate with facilities authorized as of that 
date.
* * * * *
    (v) Stations operating on the frequencies subject to the provisions 
of Sec.  90.35(b)(69) will be limited to a maximum output power of 2 
watts until January 30, 2006, which is thirty days after the December 
31, 2005 lifting of the freeze on the filing of high powered 
applications for 12.5 kHz offset channels in the 460-470 MHz band.
* * * * *
    (68) Each station authorized on this frequency will be classified 
and licensed as a mobile station. Any units of such a station, however, 
may provide the operational functions of a base station on a secondary 
basis to mobile service operations provided that the

[[Page 15010]]

vertical separation between control point or ground level and the 
center of the radiating portion of the antenna of any units so used 
does not exceed 8 meters (approximately 25 feet). This frequency is 
available for assignment as follows:
    (i) To persons furnishing commercial air transportation service or, 
pursuant to Sec.  90.179, to an entity furnishing radio communications 
service to persons so engaged, for stations located on or near the 
airports listed in paragraph (c)(61)(iv) of this section. Stations will 
be authorized on a primary basis and may be used only in connection 
with servicing and supplying of aircraft. Operation on this frequency 
is limited to a maximum effective radiated power (ERP) of 40 watts at 
locations within 16 km (approximately 10 miles) of the coordinates of 
the listed airports.
    (ii) To stations in the Industrial/Business Pool for secondary use 
at locations 80 km (approximately 50 miles) or more from the 
coordinates of the listed airports. Operation will be limited to a 
maximum ERP of 120 watts. Wide area operation will not be permitted. 
The area of normal, day-to-day operations will be described in the 
application.
    (iii) To stations in the Industrial/Business Pool for secondary use 
at locations greater than 16 km (approximately 10 miles) but less than 
80 km (approximately 50 miles) from the coordinates of the listed 
airports. Operation will be limited to a maximum ERP of 6 watts. Use of 
this frequency is restricted to the confines of an industrial complex 
or manufacturing yard area. Stations licensed prior to April 25, 2005, 
may continue to operate with facilities authorized as of that date.
    (iv) Stations operating on the frequencies subject to the 
provisions of Sec.  90.35(b)(69) will be limited to a maximum output 
power of 2 watts until January 30, 2006, which is thirty days after the 
December 31, 2005 lifting of the freeze on the filing of high powered 
applications for 12.5 kHz offset channels in the 460-470 MHz band.
* * * * *

[FR Doc. 05-5843 Filed 3-23-05; 8:45 am]
BILLING CODE 6712-01-P