[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Rules and Regulations]
[Page 34201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13628]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 99-87; RM-9332; FCC 08-127]


Implementation of Sections 309(j) and 337 of the Communications 
Act of 1934 as Amended; Promotion of Spectrum Efficient Technologies on 
Certain Part 90 Frequencies

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In the Fourth Memorandum Opinion and Order in WT Docket No. 
99-87 (Fourth Memorandum Opinion and Order), the Federal Communications 
Commission (Commission or FCC) clarifies the Commission's Third Report 
and Order in this docket, and takes the opportunity to correct the 
inadvertent deletion of language in the rules regarding the schedule 
for Private Land Mobile Radio systems in the 150-174 MHz and 421-512 
MHz bands to transition to narrowband kHz technology.

DATES: Effective July 17, 2008.

FOR FURTHER INFORMATION CONTACT: Melvin Spann, Mobility Division, 
Wireless Telecommunications Bureau, at [email protected], or (202) 
418-1333.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Fourth Memorandum Opinion and Order in WT 
Docket No. 99-87 (Fourth Memorandum Opinion and Order), FCC 08-127, 
adopted on March 12, 2008, and released on March 13, 2008. 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, 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 sending an e-mail to [email protected] or 
by calling the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).
    1. The Fourth Memorandum Opinion and Order addresses issues raised 
in the Third Report and Order (Third Report and Order) at 72 FR 19387, 
April 18, 2007, in this WT Docket No. 99-87 proceeding. The Commission 
takes the following significant actions in the Fourth Memorandum 
Opinion and Order: (i) clarifies that it intends to provide notice and 
seek comment prior to adopting final rules establishing a 6.25 kHz 
migration schedule and that licensees that have already commenced the 
transition to 12.5 kHz technology in order to comply with the 2013 
deadline should not suspend or abandon those efforts; and (ii) revises 
47 CFR 90.209(b)(5) of the Commission's rules to restore language 
relating to the 2013 deadline that was inadvertently removed in an 
unrelated rulemaking proceeding, and to revise that language to make it 
more precise.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    2. The Fourth Memorandum Opinion and Order does not contain any 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).

II. Ordering Clauses

    3. Pursuant to sections 4(i) and 303(r) of the Communications Act 
of 1934, as amended, 47 U.S.C. 154(i), 303(r), and Sec.  1.2 of the 
Commission's rules, 47 CFR 1.2, the Request for Clarification filed by 
Kenwood USA Corporation, Communications Sector on May 9, 2007 is 
granted to the extent set forth herein.
    4. Pursuant to sections 4(i) and 303(r) of the Communications Act 
of 1934, as amended, 47 U.S.C. 154(i), 303(r), and Sec.  1.429 of the 
Commission's rules, 47 CFR 1.429, the Petition for Reconsideration 
filed by City of New York on May 18, 2007 is granted to the extent set 
forth herein.
    5. The rule changes as set forth will become effective July 17, 
2008.
    6. The Commission's Consumer and Governmental Affairs Bureau shall 
send a copy of this Fourth Memorandum Opinion and Order, including the 
Final Regulatory Flexibility Certification, to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR part 90

    Communications equipment, Radio.

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), 332(c)(7).


0
2. Section 90.209 is amended by revising footnote 3 to the table in 
paragraph (b)(5) to read as follows:


Sec.  90.209  Bandwidth limitations.

* * * * *
    (b) * * *
    (5) * * *

\3\ Operations using equipment designed to operate with a 25 kHz 
channel bandwidth will be authorized a 20 kHz bandwidth. Operations 
using equipment designed to operate with a 12.5 kHz channel 
bandwidth will be authorized a 11.25 kHz bandwidth. Operations using 
equipment designed to operate with a 6.25 kHz channel bandwidth will 
be authorized a 6 kHz bandwidth. All stations must operate on 
channels with a bandwidth of 12.5 kHz or less beginning January 1, 
2013, unless the operations meet the efficiency standard of Sec.  
90.203(j)(3).
* * * * *
 [FR Doc. E8-13628 Filed 6-16-08; 8:45 am]
BILLING CODE 6712-01-P