[Federal Register Volume 73, Number 115 (Friday, June 13, 2008)]
[Rules and Regulations]
[Pages 33728-33735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13352]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 02-55; DA 08-1094]


Public Safety and Homeland Security Bureau Establishes Post-
Reconfiguration 800 MHz Band Plan for the U.S.-Canada Border Regions

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Federal Communications Commission's 
Public Safety and Homeland Security Bureau (PSHSB), on delegated 
authority, establishes reconfigured 800 MHz band plans in the U.S.-
Canada border regions in order to accomplish the Commission's goals for 
band reconfiguration.

DATES: Effective August 12, 2008.

ADDRESSES: Federal Communications Commission, 445-12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Brian Marenco, Policy Division, Public 
Safety and Homeland Security Bureau, (202) 418-0838.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order, DA 08-1094, released on May 9, 2008. The complete 
text of this document is available for inspection and copying during 
normal business hours in the FCC Reference Information Center, Portals 
II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. This 
document may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room 
CY-B402, Washington, DC 20554, telephone (800) 378-3160 or (202) 863-
2893, facsimile (202) 863-2898, or via e-mail at http://www.bcpiweb.com. It is also available on the Commission's Web site at 
http://www.fcc.gov.
    1. In a July 2004 Report and Order, the Commission reconfigured the 
800 MHz band to eliminate interference to public safety and other land 
mobile communication systems operating in the band, 69 FR 67823, 
November 22, 2004. However, the Commission deferred consideration of 
band reconfiguration plans for the border areas, noting that 
``implementing the band plan in areas of the United States bordering 
Mexico and Canada will require modifications to international 
agreements for use of the 800 MHz band in the border areas.'' The 
Commission stated that ``the details of the border plans will be 
determined in our ongoing discussions with the Mexican and Canadian 
governments.''
    2. In a Second Memorandum Opinion and Order, adopted in May 2007, 
the Commission delegated authority to PSHSB to propose and adopt border 
area band plans once agreements are reached with Canada and Mexico, 72 
FR 39756, July 20, 2007.
    3. In July 2007, the U.S. and Canada reached an agreement on a 
process that will enable the U.S. to proceed with band reconfiguration 
in the border region. Consequently, on November 1, 2007, PSHSB issued a 
Further Notice of Proposed Rulemaking seeking comment on specific 
proposals for reconfiguring the eight U.S.-Canada border regions. The 
Commission received ten comments and eight reply comments in response 
to the FNPRM
    4. On May 9, 2008, PSHSB issued a Second Report and Order 
establishing reconfigured band plans in the U.S.-Canada border regions. 
The band plans adopted in the Second Report and Order are designed to 
separate-to the greatest extent possible-public safety and other non-
cellular licensees from licensees that employ cellular technology in 
the band.

Procedural Matters

A. Final Regulatory Flexibility Analysis

    5. The Final Regulatory Flexibility Analysis required by section 
604 of the Regulatory Flexibility Act, 5 U.S.C. 604, is included in 
Appendix A of the Second Report and Order.

B. Final Paperwork Reduction Act of 1995 Analysis

    6. The Second Report and Order 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 burden for small business 
concerns with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198.

Final Regulatory Flexibility Analysis

    7. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in the Further 
Notice of Proposed Rulemaking (FNPRM), 72 63869, November 13, 2007, in 
WT Docket 02-55. PSHSB sought written public comment on the proposals 
in the FNPRM, including comment on the IRFA. This Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.

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

    8. This Second Report and Order continues the Commission's efforts 
to reconfigure the 800 MHz band to eliminate an ongoing and growing 
problem of interference to public safety and other land mobile 
communications systems in the 800 MHz band. Specifically, in this 
order, PSHSB adopts post-rebanding band plans for the regions of the 
U.S. immediately adjacent to the U.S.-Canada border. These post-
rebanding band plans include region specific variations. The 
reconfiguration of the 800 MHz band in the U.S.-Canada border regions 
is in the public interest because it will allow the Commission to 
eliminate interference in these regions to public safety and other land 
mobile communication systems. Interference is eliminated by 
separating--to the greatest extent possible--public safety and other 
non-cellular licensees from licensees that employ cellular technology 
in the 800 MHz band.

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

    9. No parties have raised significant issues in response to the 
IRFA.

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

    10. The RFA directs agencies to provide a description of and, where

[[Page 33729]]

feasible, an estimate of the number of small entities that may be 
affected by the proposed rules. 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 Small Business 
Administration (SBA).
    11. Nationwide, there are a total of approximately 22.4 million 
small businesses, according to SBA data. A ``small organization'' is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.'' Nationwide, as of 
2002, there were approximately 1.6 million small organizations. The 
term ``small governmental jurisdiction'' is defined generally as 
``governments of cities, towns, townships, villages, school districts, 
or special districts, with a population of less than fifty thousand.'' 
Census Bureau data for 2002 indicate that there were 87,525 local 
governmental jurisdictions in the United States. We estimate that, of 
this total, 84,377 entities were ``small governmental jurisdictions.'' 
Thus, we estimate that most governmental jurisdictions are small. 
Below, we further describe and estimate the number of small entities--
applicants and licensees---that may be affected by our action.
    12. Wireless Telecommunications Carriers (except Satellite). Since 
2007, the Census Bureau has placed wireless firms within this new, 
broad, economic census category. Prior to that time, such firms were 
within the now-superseded categories of ``Paging'' and ``Cellular and 
Other Wireless Telecommunications.'' Under the present and prior 
categories, the SBA has deemed a wireless business to be small if it 
has 1,500 or fewer employees. Because Census Bureau data are not yet 
available for the new category, we will estimate small business 
prevalence using the prior categories and associated data. For the 
category of Paging, data for 2002 show that there were 807 firms that 
operated for the entire year. Of this total, 804 firms had employment 
of 999 or fewer employees, and three firms had employment of 1,000 
employees or more. For the category of Cellular and Other Wireless 
Telecommunications, data for 2002 show that there were 1,397 firms that 
operated for the entire year. Of this total, 1,378 firms had employment 
of 999 or fewer employees, and 19 firms had employment of 1,000 
employees or more. Thus, we estimate that the majority of wireless 
firms are small.
    13. Public Safety Radio Licensees. Public safety licensees who 
operate 800 MHz systems in the U.S.-Canada border region will be 
required to relocate their station facilities according to the post-
rebanding plans listed in this Second Report and Order. As indicated 
above, all governmental entities with populations of less than 50,000 
fall within the definition of a small entity.
    14. Business, I/LT, and SMR licensees. Business and Industrial Land 
Transportation (B/ILT) and Special Mobile Radio (SMR) licensees who 
operate 800 MHz systems in the U.S.-Canada border region will be 
required to relocate their station facilities according to the band 
plans proposed in this Second Report and Order. Neither the Commission 
nor the SBA has developed a definition of small businesses directed 
specifically toward these licensees. Therefore we will use the SBA size 
standard for wireless firms, supra, and incorporate that analysis by 
reference here.
    15. Also, Sprint Nextel Corporation (Sprint) will be affected by 
the post-rebanding band plans in this Second Report and Order but it is 
not a small carrier.

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

    16. We adopt no new reporting, recordkeeping or other compliance 
requirements in this Second Report and Order. As noted in Section B of 
the Second Report and Order, public safety, B/ILT, SMR licensees and 
wireless service providers who operate 800 MHz systems in the U.S.--
Canada border region will be required to relocate their station 
facilities according to the post-rebanding band plans specified in this 
Second Report and Order. Also, Sprint Corporation will pay the cost of 
relocating incumbent licensees.

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 or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) and exemption 
from coverage of the rule, or any part thereof, for small entities.''
    18. Non-NPSPAC Public Safety Systems in the 806-809/851-854 MHz 
Band. In the FNPRM, we proposed that in the border areas, the 806-809/
851-854 MHz block would be shared by non-NPSPAC public safety licensees 
that were originally licensed in the block and NPSPAC licensees 
relocating from the former NPSPAC block at 821-824/866-869 MHz. Because 
non-NPSPAC public safety systems operate on channels with 25 kHz 
spacing, while NPSPAC systems operate on 12.5 kHz-spaced channels, we 
sought comment on alternatives for accommodating both NPSPAC and non-
NPSPAC public safety systems in the same spectrum block. Our proposed 
channel plan for this portion of the band provided for a combination of 
25 kHz and 12.5 kHz spaced channels. The overwhelming majority of 
commenters in the record oppose non-uniform channelization of the 806-
809/851-854 MHz band, and instead urge us to adopt a uniform band plan 
of 12.5 kHz-spaced channels for this block with the tighter emission 
masks applicable to NPSPAC channels. These commenters argue that a 
uniform band plan would improve spectrum efficiency, avoid the 
complexities caused by intermingling public safety licensees operating 
on differing channel plans with differing emission masks, and would be 
more compatible with the NPSPAC channelization plan in adjacent non-
border regions. Commenters suggest that non-NPSPAC licensees operating 
with 25 kHz channel spacing should either be relocated above the 806-
809/851-854 MHz bloc or should be converted to 12.5 kHz spacing.
    19. Based on the comments received in response to our proposal, we 
have decided to create a uniform 12.5 kHz-spaced channel plan for the 
806-809/851-854 MHz block in the border regions. Thus, public safety 
licensees will benefit from the increased spectrum efficiency created 
by a uniform channel plan for this portion of the band. Furthermore, 
Sprint will bear the cost of any changes needed to accommodate public 
safety licensees with equipment capable of operating according to the 
channel plan for the 806-809/851-854 MHz portion of the band.
    20. NPSPAC Facilities on Canada Primary Channels. In the FNPRM, we

[[Page 33730]]

sought comment on how to accommodate U.S. NPSPAC licensees that 
currently operate on a secondary basis to licensees in Canada in the 
Canadian primary portion of the NPSPAC band. We suggested placing these 
licensees on the lowest available Canada primary channels in the band. 
Many NPSPAC commenters, however, advocate relocating these facilities 
to U.S. primary spectrum, i.e. , relocating them 15 megahertz downward 
to the 806-809/851-854 MHz band, which is U.S. primary spectrum. These 
commenters note that many NPSPAC licensees in the border regions use 
both U.S. primary and Canada primary NPSPAC channels in their systems 
and operate seamlessly across the entire NPSPAC block despite the fact 
that some of their channels are on Canada primary spectrum. 
Consequently, we have instructed the Transition Administer (TA) to 
accommodate these systems on U.S. primary spectrum in the 806-809/851-
854 MHz portion of the band whenever possible. Relocating these systems 
to U.S. primary spectrum in the 806-809/851-854 MHz portion of the band 
will provide border area public safety NPSPAC licensees with the 
capability to interoperate with public safety NPSPAC licensees outside 
the border area. In addition, Sprint will bear the cost of relocating 
these systems.
    21. Separation of Non-ESMR (High-Site B/ILT and SMR) and ESMR 
Systems. In the FNPRM, we sought to separate non ESMR (high-site B/ILT 
and SMR) from ESMR systems to the extent feasible, but noted that some 
continued interleaving of non-ESMR and ESMR systems might be necessary 
in the border regions (Regions 1-6) due to the limited amount of 
available U.S. primary spectrum. We sought comment on the degree to 
which the new band plan should accommodate such interleaving, and 
whether other technical rules would be required to mitigate potential 
interference. Commenters overwhelmingly oppose continued interleaving 
of B/ILT and high site SMR systems with ESMR systems. Consequently, we 
have instructed the Transition Administrator to assign replacement 
channels to B/ILT and high-site SMR licensees in Canada Border Regions 
1 through 6 in a manner which separates these licensees from ESMR 
systems. B/ILT and high-site SMR licensees will benefit from our 
decision because these licensees will be subject to less interference 
then if they remained interleaved with ESMR systems. In making this 
decision, we have reminded Sprint of its obligation to provide all 
relocating licensees with comparable facilities including B/ILT and 
high site SMR licensees in the Canada border even if this means 
replacing some combiners in order to compensate for the decreased 
frequency separation between channels for these licensees.
    22. B/ILT, High-Site SMR and ESMR Operations on Canada Primary 
Channels. U.S. licensees may continue to be licensed on Canada primary 
channels, provided the maximum power flux density (PFD) per 25 kHz from 
their systems does not exceed -107 dB(W/m2) at or beyond the border. 
Accordingly, B/ILT and high-site SMR licensees that currently use 
Canada primary channels in Regions 1 through 6 may remain on these 
channels subject to the above PFD limits. B/ILT and high-site SMR 
licensees will benefit from our decision here because these licensees 
will continue to have access to Canada primary spectrum along the 
border.
    23. In the FNPRM, we also sought comment on whether Sprint should 
be permitted to remain on Canada primary spectrum below 817/862 MHz. 
Sprint states that it extensively relies on these channels to provide 
wireless services to its subscribers and to provide access to spectrum 
for its roaming partner in Canada TELUS. Other commenting parties state 
that they would not object to Sprint's continued operation in the 
Canadian primary portion below 817/862 MHz as long as full interference 
protection is provided to adjacent non-ESMR operations. We will permit 
Sprint to remain grandfathered on these channels in the non-ESMR 
portion of the band as long as they provide full interference 
protection to all non-ESMR licensees. Public safety, B/ILT and high-
site SMR licensees will benefit from our decision because they will be 
eligible for interference protection from these grandfathered 
facilities.
    24. Mutual Aid Channels. As proposed in the FNPRM, we establish new 
mutual aid channels with 25 kHz spacing in the new border area NPSPAC 
band plan to match the mutual aid channels in the non-border NPSPAC 
band plan. Public safety licensees in the Canada border will benefit 
from this decision because they will be able to interoperate with 
public safety licensees outside the Canada border region.
    25. TELUS Operations on U.S. Primary Channels. In the FNPRM, we 
noted that Commission had reached an agreement with Industry Canada on 
a process that enables the U.S. to proceed with rebanding in the border 
region. As part of this agreement, we noted that the U.S. and Canada 
will discuss whether certain Canadian facilities authorized on U.S. 
primary spectrum under SCP can be grandfathered. Several commenting 
parties expressed concern about the impact to U.S. licensees from 
grandfathering stations in Canada on U.S. primary spectrum. Therefore, 
in this Second Report and Order, we clarify that once the TA has 
assigned replacement channels to all U.S. licensees, we will examine 
whether certain TELUS facilities operating today on U.S. primary 
spectrum under SCP can be grandfathered without negatively impacting 
U.S. licensees. Only those TELUS stations which would create no 
conflicts with reconfigured U.S. licensees will be considered for 
grandfathering. Consequently, the grandfathering of TELUS stations on 
U.S. primary spectrum will have no negative impact on public safety, B/
ILT or high-site SMR licensees.
    26. Region-Specific Band Plans. In the FNPRM, we sought comment on 
region specific band plans for reconfiguring the 800 MHz band in the 
Canada Border in order to eliminate an ongoing and growing problem of 
interference to public safety and other land mobile communications 
systems in this band. Commenting parties generally supported our band 
plan proposals. Consequently, in this Second Report and Order, we adopt 
reconfigured band plans for licensees in the 800 MHz band along the 
U.S.--Canada border. Under these band plans, public safety systems will 
relocate to U.S. primary spectrum in the lower portion of the band. 
Commenting parties supported relocating public safety systems to the 
lowest portion of the band to maximize the spectral separation between 
public safety and ESMR systems. In addition, B/ILT, high-site SMR and 
ESMR systems will relocate higher in the band on U.S. primary spectrum 
above 815/860 MHz. These band plans contain certain region-specific 
variations. Because the reconfiguration of the 800 MHz band in the 
U.S.--Canada border regions seeks to eliminate interference to public 
safety, B/ILT and high-site SMR licensees, these band plans will 
minimize the cost that these licensees would otherwise incur to resolve 
interference. Further, Sprint will pay the cost of relocating incumbent 
licensees.
    27. Planning, Negotiation, and Mediation. In the FNPRM, we proposed 
establishing expedited timelines for planning, negotiations, and 
mediation similar to those established in the Commission's September 
2007 Public Notice for non-border licensees. While some commenters 
supported a 12 month planning period, we are not persuaded that 
rebanding in the Border areas requires such a lengthy period that

[[Page 33731]]

could unduly delay rebanding implementation. We establish planning 
limits of 90, 100, and 110 days which correspond to the number of units 
in a licensee's system. We also establish a process under which 
licensees may request additional planning time. With regard to 
negotiation and mediation, we establish a 30 day period for licensees 
to negotiate Frequency Reconfiguration Agreements with Sprint and if 
necessary a 20 day period within which licensees and Sprint may mediate 
unresolved issues. If licensees are unable to resolve issues with 
Sprint after the 20 day mediation period, then the 800 MHz Transition 
Administrator shall transmit such matters to the Public Safety and 
Homeland Security Bureau for review within 10 days after the end of the 
mediation period. Sprint, however, bears the costs of band 
reconfiguration.
    28. Rebanding Implementation. In the FNPRM, we sought comment on 
the sequence and timing of rebanding activity in the Canadian border 
region once a final band plan is adopted and the 800 MHz Transition 
Administrator issues replacement channel assignments to border area 
licensees. In this Second Report and Order, we envision the sequence of 
band reconfiguration in all Regions will occur in two-stage process 
that will take into account regional variations. All of the relocations 
will occur through spectrum swaps with Sprint and Sprint will bear the 
costs of reconfiguration.

F. Report to Congress

    29. The Commission will send a copy of the Second Report and Order, 
including this FRFA, in a report to be sent to Congress and the 
Government Accountability Office pursuant to the SBREFA. In addition, 
the Commission will send a copy of the Second Report and Order, 
including the FRFA, to the Chief Counsel for Advocacy of the SBA. A 
copy of the Second Report and Order and the FRFA (or summaries thereof) 
will also be published in the Federal Register.
    30. The Commission will send a copy of this Second Report and 
Order, in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

Ordering Clauses

    31. Accordingly, it is ordered, pursuant to sections 4(i) and 332 
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 332, 
this Second Report and Order is adopted.
    32. It is further ordered that the amendments of the Commission's 
rules set forth in Appendix D are adopted, effective August 12, 2008.
    33. It is further ordered that the Final Regulatory Flexibility 
required by section 604 of the Regulatory Flexibility Act, 5 U.S.C. 
604, and as set forth in Appendix A herein is adopted.
    34. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Second Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects in 47 CFR part 90

    Radio.

Federal Communications Commission.
Timothy A. Peterson,
Chief of Staff, Public Safety and Homeland Security Bureau.

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), 332(c)(7).

0
2. Section 90.619 is amended by revising paragraph (c) to read as 
follows:


Sec.  90.619  Operations within the U.S./Mexico and U.S./Canada border 
areas.

* * * * *
    (c) Use of 800 MHz Band in Canada Border Region. All operations in 
the 806-824/851-869 MHz band within 140 km (87 miles) of the U.S./
Canada border (``U.S./Canada border area'') shall be in accordance with 
international agreements between the U.S. and Canada.
    (1) The U.S./Canada border area is divided into the following 
geographical regions (``Canada Border Regions''). U.S. primary channels 
are shown in the table by region. The remaining channels are primary to 
Canada (``Canada Primary channels'').

                     Table C1.--Geographical Regions
------------------------------------------------------------------------
      Region           Location (longitude)      U.S. primary channels
------------------------------------------------------------------------
1.................  66[deg] W-71[deg] W (0-    1-260, 561-710, 772-790
                     100 km from border).       and 792-830.
2.................  71[deg] W-80[deg]30' W (0- 1-170, 621-710 and 795-
                     100 km from border).       830.
3.................  80[deg]30' W-85[deg] W (0- 1-320, 501-710, 729-730,
                     100 km from border).       732-750, 752-770, 772-
                                                790 and 792-830.
4.................  85[deg] W-121[deg]30' W    1-260, 561-710, 772-790
                     (0-100 km from border).    and 792-830.
5.................  121[deg]30' W-127[deg] W   1-260, 561-710, 772-790
                     (0-140 km from border).    and 792-830.
6.................  127[deg] W-143[deg] W (0-  1-260, 561-710, 772-790
                     100 km from border).       and 792-830.
7A................  66[deg] W-71[deg] W (100-  1-830.
                     140 km from border).
7A................  80[deg]30' W-121[deg]30'   1-830.
                     W (100-140 km from
                     border).
7B................  71[deg] W-80[deg]30' W     1-830.
                     (100-140 km from border).
8.................  127[deg] W-143[deg] W      1-830.
                     (100-140 km from border).
------------------------------------------------------------------------


[[Page 33732]]

    (2) Stations authorized on U.S. primary channels in all Canada 
Border Regions, except Region 5, will be subject to the Effective 
Radiated Power (ERP) and Effective Antenna Height (EAH) limitations 
listed in Table C2. The Effective Antenna Height is calculated by 
subtracting the Assumed Average Terrain Elevation (AATE) listed in 
Table C3 from the antenna height above mean sea level.

  Table C2.--Limits of Effective Radiated Power (ERP) Corresponding to
   Effective Antenna Heights (EAH) for Regions 1, 2, 3, 4, 6, 7 and 8
------------------------------------------------------------------------
               Effective Antenna Height (EAH)
------------------------------------------------------------  ERP watts
               Metres                         Feet            (maximum)
------------------------------------------------------------------------
0-152..............................  0-500.................          500
153-305............................  501-1000..............          125
306-457............................  1001-1500.............           40
458-609............................  1501-2000.............           20
610-914............................  2001-3000.............           10
915-1066...........................  3001-3500.............            6
Above 1967.........................  Above 3501............            5
------------------------------------------------------------------------


                Table C3.--Assumed Average Terrain Elevation (AATE) Along the U.S.-Canada Border
----------------------------------------------------------------------------------------------------------------
                                                                       Assumed Average Terrain Elevation
                                                             ---------------------------------------------------
   Longitude ([Phi])  ([deg]West)       Latitude ([Omega])          United States                Canada
                                           ([deg]North)      ---------------------------------------------------
                                                                  Feet        Metres        Feet        Metres
----------------------------------------------------------------------------------------------------------------
65 <= [Phi] < 69....................  [Omega] <= 45.........            0            0            0            0
''..................................  45 <= [Omega] < 46....          300           91          300           91
''..................................  [Omega] <= 46.........         1000          305         1000          305
69 <= [Phi] < 73....................  All...................         2000          609         1000          305
73 <= [Phi] < 74....................  ''....................          500          152          500          152
74 <= [Phi] < 78....................  ''....................          250           76          250           76
78 <= [Phi] < 80....................  [Omega] <= 43.........          250           76          250           76
''..................................  [Omega] <= 43.........          500          152          500          152
80 <= [Phi] < 90....................  All...................          600          183          600          183
90 <= [Phi] < 98....................  ''....................         1000          305         1000          305
98 <= [Phi] < 102...................  ''....................         1500          457         1500          457
102 <= [Phi] < 108..................  ''....................         2500          762         2500          762
108 <= [Phi] < 111..................  ''....................         3500         1066         3500         1066
111 <= [Phi] < 113..................  ''....................         4000         1219         3500         1066
113 <= [Phi] < 114..................  ''....................         5000         1524         4000         1219
114 <= [Phi] < 121.5................  ''....................         3000          914         3000          914
121.5 <= [Phi] 127..................  ''....................            0            0            0            0
 [Phi] >= 127.......................  54 <= [Omega] < 56....            0            0            0            0
''..................................  56 <= [Omega] < 58....          500          152         1500          457
''..................................  58 <= [Omega] < 60....            0            0         2000          609
''..................................  60 <= [Omega] < 62....         4000         1219         2500          762
''..................................  62 <= [Omega] < 64....         1600          488         1600          488
''..................................  64 <= [Omega] < 66....         1000          305         2000          609
''..................................  66 <= [Omega] < 68....          750          228          750          228
''..................................  68 <= [Omega] < 69.5..         1500          457          500          152
''..................................   [Omega] >= 69.5......            0            0            0            0
----------------------------------------------------------------------------------------------------------------

    (3) Stations authorized on U.S. primary channels in Canada Border 
Region 5 will be subject to the Effective Radiated Power (ERP) and 
Antenna Height Above Mean Sea Level limitations listed in Table C4.

  Table C4.--Limits of Effective Radiated Power (ERP) Corresponding to
            Antenna Height Above Mean Sea Level for Region 5
------------------------------------------------------------------------
            Antenna Height Above Mean Sea Level
------------------------------------------------------------  ERP Watts
               Metres                         Feet            (maximum)
------------------------------------------------------------------------
0-503..............................  0-1650................          500
504-609............................  1651-2000.............          350
610-762............................  2001-2500.............          200
763-914............................  2501-3000.............          140
915-1066...........................  3001-3500.............          100
1067-1219..........................  3501-4000.............           75
1220-1371..........................  4001-4500.............           70
1372-1523..........................  4501-5000.............           65
Above 1523.........................  Above 5000............            5
------------------------------------------------------------------------

    (4) Stations may be authorized on Canada Primary channels in the 
Canada Border Regions provided the maximum power flux density (PFD) per 
25 kHz at or beyond the border does not exceed -107 dB(W/m2). Stations 
authorized on Canada Primary channels will be secondary to stations in 
Canada unless otherwise specified in an international agreement between 
the U.S. and Canada.
    (5) Stations authorized to operate within 30 kilometers of the 
center city coordinates listed in Table C5 are considered to fall 
outside of the U.S./Canada border area and may operate according to the 
non-border band plan listed in Sec.  90.617.

[[Page 33733]]



 Table C5.--Cities That Are Considered To Fall Outside the Canada Border
                                 Region
------------------------------------------------------------------------
                                              Coordinates
          Location           -------------------------------------------
                                    Latitude              Longitude
------------------------------------------------------------------------
Akron, Ohio.................  41[deg]05'00.2'' N..  81[deg]30'39.4'' W.
Youngstown, Ohio............  41[deg]05'57.2'' N..  80[deg]39'01.3'' W.
Syracuse, New York..........  43[deg]03'04.2'' N..  76[deg]09'12.7'' W.
------------------------------------------------------------------------

    (6) The channels listed in Table C6 and paragraph (c)(6)(i) of this 
section are available in the Canada Border Regions for non-cellular 
operations to eligible applicants in the Public Safety Category which 
consists of licensees eligible in the Public Safety Pool of subpart B 
of this part. 800 MHz high density cellular systems as defined in Sec.  
90.7 are prohibited on these channels.

 Table C6.--Public Safety Pool 806-816/851-861 MHz Band Channels in the
                          Canada Border Regions
------------------------------------------------------------------------
    Canada Border Region          Channel Nos.              Total
------------------------------------------------------------------------
Regions 1, 4, 5 and 6.......  231-260.............  30 Channels.
Region 2....................  See paragraph
                               (c)(6)(i) of this
                               section.
Region 3....................  231-320, 501-508....  90 Channels.
Regions 7A and 8............  269, 289, 311, 399,   70 Channels.
                               439, 270, 290, 312,
                               400, 440, 279, 299,
                               319, 339, 359, 280,
                               300, 320, 340, 360,
                               309, 329, 349, 369,
                               389, 310, 330, 350,
                               370, 390, 313, 353,
                               393, 441, 461, 314,
                               354, 394, 448, 468,
                               321, 341, 361, 381,
                               419, 328, 348, 368,
                               388, 420, 351, 379,
                               409, 429, 449, 352,
                               380, 410, 430, 450,
                               391, 392, 401, 408,
                               421, 428, 459, 460,
                               469, 470.
Region 7B...................  231-260, 269, 289,    170 Channels.
                               311, 399, 439, 270,
                               290, 312, 400, 440,
                               279, 299, 319, 339,
                               359, 280, 300, 320,
                               340, 360, 309, 329,
                               349, 369, 389, 310,
                               330, 350, 370, 390,
                               313, 353, 393, 441,
                               461, 314, 354, 394,
                               448, 468, 315, 355,
                               395, 435, 475, 316,
                               356, 396, 436, 476,
                               317, 357, 397, 437,
                               477, 318, 358, 398,
                               438, 478, 321, 341,
                               361, 381, 419, 328,
                               348, 368, 388, 420,
                               331, 371, 411, 451,
                               491, 332, 372, 412,
                               452, 492, 333, 373,
                               413, 453, 493, 334,
                               374, 414, 454, 494,
                               335, 375, 415, 455,
                               495, 336, 376, 416,
                               456, 496, 337, 377,
                               417, 457, 497, 338,
                               378, 418, 458, 498,
                               351, 379, 409, 429,
                               449, 352, 380, 410,
                               430, 450, 391, 392,
                               401, 408, 421, 428,
                               459, 460, 469, 470,
                               431, 432, 433, 434,
                               471, 472, 473, 474,
                               479, 480.
------------------------------------------------------------------------

    (i) Channel numbers 1-230 are also available to eligible applicants 
in the Public Safety Category in the Canada Border Regions. The 
assignment of these channels will be done in accordance with the 
policies defined in the Report and Order of Gen. Docket No. 87-112 (See 
Sec.  90.16). The following channels are available only for mutual aid 
purposes as defined in Gen. Docket No. 87-112: Channels 1, 39, 77, 115, 
153.
    (ii) [Reserved]
    (7) The channels listed in Table C7 are available in the Canada 
Border Regions for the General Category. All entities will be eligible 
for licensing on these channels. 800 MHz high density cellular systems 
as defined in Sec.  90.7 are permitted on these channels only as 
indicated in Table C7. The channels noted for Regions 1, 2, 3, 4, 5 and 
6 where high density cellular systems are prohibited are all 
frequencies that are primary to Canada. Stations may be licensed on 
these Canada Primary channels according to paragraph (c)(4) of this 
section.

           Table C7.--General Category 806-821/851-866 MHz Band Channels in the Canada Border Regions
----------------------------------------------------------------------------------------------------------------
                                           General Category channels where   General Category channels where 800
          Canada Border Region              800 MHz high density cellular     MHz high density cellular systems
                                               systems are prohibited                   are permitted
----------------------------------------------------------------------------------------------------------------
Regions 1, 4, 5 and 6...................  261-560.........................  561-710.
Region 2................................  172-620.........................  621-710.
Region 3................................  321-500.........................  509-710.
Regions 7A and 8........................  231-260, 511-550................  None.
Region 7B...............................  511-550.........................  None.
----------------------------------------------------------------------------------------------------------------

    (8) The channels listed in Table C8 are available in the Canada 
Border Regions to applicants eligible in the Industrial/Business Pool 
of subpart C of this part but exclude Special Mobilized Radio Systems 
as defined in Sec.  90.603(c). 800 MHz cellular high density systems as 
defined in Sec.  90.7 are prohibited on these channels.

[[Page 33734]]



 Table C8.--Business/Industrial/Land Transportation Pool 806-816/851-861
             MHz Band Channels in the Canada Border Regions
------------------------------------------------------------------------
    Canada Border Region          Channel Nos.              Total
------------------------------------------------------------------------
Regions 1, 2, 3, 4, 5 and 6.  None................  0 Channels.
Regions 7A, 7B and 8........  261, 271, 281, 291,   100 Channels.
                               301, 262, 272, 282,
                               292, 302, 263, 273,
                               283, 293, 303, 264,
                               274, 284, 294, 304,
                               265, 275, 285, 295,
                               305, 266, 276, 286,
                               296, 306, 267, 277,
                               287, 297, 307, 268,
                               278, 288, 298, 308,
                               322, 362, 402, 442,
                               482, 323, 363, 403,
                               443, 483, 324, 364,
                               404, 444, 484, 325,
                               365, 405, 445, 485,
                               326, 366, 406, 446,
                               486, 327, 367, 407,
                               447, 487, 342, 382,
                               422, 462, 502, 343,
                               383, 423, 463, 503,
                               344, 384, 424, 464,
                               504, 345, 385, 425,
                               465, 505, 346, 386,
                               426, 466, 506, 347,
                               387, 427, 467, 507.
------------------------------------------------------------------------

    (9) The channels listed in Table C9 are available in the Canada 
Border Regions to applicants eligible in the SMR category--which 
consists of Specialized Mobile Radio (SMR) stations and eligible end 
users. 800 MHz high density cellular systems, as defined in Sec.  90.7, 
are prohibited on these channels.

Table C9.--SMR Category 806-816/851-861 MHz Channels Available for Site-
              Based Licensing in the Canada Border Regions
------------------------------------------------------------------------
    Canada Border Region          Channel Nos.              Total
------------------------------------------------------------------------
Regions 1, 2, 3, 4, 5 and 6.  None................  0 Channels.
Regions 7A and 8............  315, 355, 395, 435,   80 Channels.
                               475, 316, 356, 396,
                               436, 476, 317, 357,
                               397, 437, 477, 318,
                               358, 398, 438, 478,
                               331, 371, 411, 451,
                               491, 332, 372, 412,
                               452, 492, 333, 373,
                               413, 453, 493, 334,
                               374, 414, 454, 494,
                               335, 375, 415, 455,
                               495, 336, 376, 416,
                               456, 496, 337, 377,
                               417, 457, 497, 338,
                               378, 418, 458, 498,
                               431, 432, 433, 434,
                               471, 472, 473, 474,
                               479, 480, 481, 488,
                               489, 490, 499, 500,
                               501, 508, 509, 510.
Region 7B...................  481, 488, 489, 490,   10 Channels.
                               499, 500, 501, 508,
                               509, 510.
------------------------------------------------------------------------

    (10) The channels listed in Table C10 are available in the Canada 
Border Regions to applicants eligible in the SMR category--which 
consists of Specialized Mobile Radio (SMR) stations and eligible end 
users. ESMR licensees who employ 800 MHz high density cellular systems, 
as defined in Sec.  90.7, are permitted to operate on these channels. 
Some of the channels listed in Table C10 are primary to Canada as 
indicated in paragraph (c)(1) of this section. ESMR systems may be 
authorized on these Canada Primary channels according to paragraph 
(c)(4) of this section.

Table C10.--ESMR Category 817-824/862-869 MHz Channels Available for 800
                        MHz High Density Systems
------------------------------------------------------------------------
    Canada Border Region          Channel Nos.              Total
------------------------------------------------------------------------
Regions 1, 2, 3, 4, 5 and 6.  711-830.............  120 Channels.
Regions 7A, 7B and 8........  551-830.............  280 Channels.
------------------------------------------------------------------------

    (11) In Canada Border Regions 1, 2, 3, 4, 5 and 6, the following 
General Category channels are available for licensing to all entities 
except as described in paragraphs (c)(11)(i) and (c)(11)(ii) of this 
section: In Regions 1, 4, 5 and 6, channels 261-560; in Region 2, 
channels 172-620 and in Region 3, channels 321-500.
    (i) In a given 800 MHz NPSPAC region, the General Category channels 
listed paragraph (c)(11) of this section which are vacated by licensees 
relocating to channels 711-830 and which remain vacant after band 
reconfiguration will be available for licensing as follows:
    (A) Only to eligible applicants in the Public Safety Category until 
three years after the release of a public notice announcing the 
completion of band reconfiguration in that region;
    (B) Only to eligible applicants in the Public Safety or Critical 
Infrastructure Industry Categories from three to five years after the 
release of a public notice announcing the completion of band 
reconfiguration in that region; and
    (C) To all entities five years after release of a public notice 
announcing the completion of band reconfiguration in that region.
    (ii) The General Category channels listed in paragraph (c)(11) of 
this section are primary to Canada. Stations may be authorized on these 
Canada Primary channels according to paragraph (c)(4).
    (12) In Canada Border Regions 7A, 7B and 8, the following channels 
will be available as described in paragraphs (c)(12)(i) and (c)(12)(ii) 
of this section: for Canada Border Regions 7A and 8, channels 231-260 
and channels below 471 in Tables C8 and C9; for Canada Border Region 7B 
all channels in Tables C8 and C9.
    (i) In a given 800 MHz NPSPAC region, the channels listed paragraph 
(c)(12) of this section which are vacated by licensees relocating to 
channels 511-830 and which remain vacant after band reconfiguration 
will be available as follows:
    (A) Only to eligible applicants in the Public Safety Category until 
three years after the release of a public notice announcing the 
completion of band reconfiguration in that region; and
    (B) Only to eligible applicants in the Public Safety or Critical 
Infrastructure Industry Categories from three to five years after the 
release of a public notice

[[Page 33735]]

announcing the completion of band reconfiguration in that region.
    (ii) Five years after the release of a public notice announcing the 
completion of band reconfiguration in a given 800 MHz NPSPAC region, 
the channels listed in paragraph (c)(12) of this section will revert 
back to their original pool categories.
* * * * *
[FR Doc. E8-13352 Filed 6-12-08; 8:45 am]
BILLING CODE 6712-01-P