[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Proposed Rules]
[Pages 19340-19345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7644]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WP Docket No. 07-100, FCC 10-36]


Wireless Technologies, Devices, and Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) seeks additional comments in the ongoing proceeding to 
propose miscellaneous changes to its rules that govern new and existing 
wireless technologies, devices, and services. Specifically, the 
Commission seeks comment regarding particular changes to its rules that 
were suggested in response to a previous decision in this proceeding, 
or resulting issues that arose subsequently. This proceeding is part of 
our continuing effort to provide clear and concise rules that 
facilitate new wireless technologies, devices and services, and are 
easy for the public to understand.

DATES: Submit comments on or before May 14, 2010, and reply comments 
are due on or before June 1, 2010.

ADDRESSES: You may submit comments, identified by WP Docket No. 07-100; 
FCC 10-36, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone 202-418-
0530 or TTY: 202-418-0432.

For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Rodney P. Conway, at 
[email protected], Wireless

[[Page 19341]]

Telecommunications Bureau, (202) 418-2904, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Further Notice of Proposed Rulemaking (``Second FNPRM'') in WP Docket 
No. 07-100, FCC 10-36, adopted on March 3, 2010, and released March 10, 
2010. The Commission seeks comment regarding particular changes to its 
rules where we solicited comment on other potential rule changes to a 
Notice published at 72 FR 32582, June 13, 2007, in this proceeding, 
that were suggested in response to, or arose subsequently. 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: 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. Part 90 contains the rules for both the Private Land Mobile 
Radio (PLMR) Services and certain Commercial Mobile Radio Services 
(CMRS). PLMR licensees generally do not provide for-profit 
communications services. Some examples of PLMR licensees are public 
safety agencies, businesses that use radio only for their internal 
operations, utilities, transportation entities, and medical service 
providers. CMRS licensees, by comparison, do provide for-profit 
communications services, such as paging and Specialized Mobile Radio 
services that offer customers communications that are interconnected to 
the public switched network.
    2. WMTS Secondary Operations. WMTS service rules do not currently 
authorize WMTS systems to operate on a secondary basis on those 
portions of the 1427-1432 MHz shared band where non-medical telemetry 
is primary, and commenters disagree regarding whether the rules should 
be amended to permit such operations. The current record, however, does 
not provide an adequate basis for us to adopt appropriate technical 
requirements. We therefore seek further comment on whether secondary 
WMTS operations should be permitted. Specifically, we seek comment on 
what particular technical rules would be needed to prevent unwanted 
interference and ensure patient safety. We also seek comment on whether 
WMTS equipment manufacturers or vendors should be required to notify 
users that installed equipment will operate on a secondary basis to 
non-medical telemetry. Commenters also are asked to address whether 
certain functions (e.g., monitoring of specific types of patients or 
specific medical information) are so critical to patient safety that 
they should be conducted only on frequencies where WMTS has primary 
status. In addition, we seek comment on whether there is sufficient 
primary spectrum in the three WMTS frequency bands to meet users' 
communications needs without resorting to secondary operations.
    3. End of Train Devices. Section 90.238(e) of the Commission's 
rules limits telemetry operations in the 450-470 MHz band to two watts 
transmitter output power. Association of American Railroads (AAR) is 
concerned that the two-watt limit offers little margin for degradation 
of the communications link, especially on longer trains (some of which 
are 7,000 to 8,000 feet long). In order to minimize the possibility of 
communications link failure for EOT devices, AAR requests that the 
Commission's rules be amended to allow EOT devices to operate with up 
to eight watts transmitter output power. AAR, which is the Commission's 
certified frequency coordinator for frequency pair 452/457.9375 MHz and 
the adjacent frequencies, argues that the potential for causing 
interference to railroad operations is minimal. We tentatively conclude 
that the Commission's rules should be modified to accommodate the 
operational needs of EOT devices, and we seek comment on this proposal. 
We also seek comment on whether a 6 dB increase in power is necessary, 
or whether EOT devices can operate properly with a smaller increase.
    4. Trunking Rules. Since its adoption in 1997, Sec.  90.187 has 
been the subject of several decisions clarifying or interpreting it. We 
tentatively agree with Land Mobile Communications Council (LMCC) that 
we should revise the rule, and related definitions in Sec.  90.7 of the 
Commission's rules, to make the rule clearer. For example, we propose 
to clarify that Sec.  90.187 neither requires applicants for 
decentralized trunked systems to obtain consent from affected 
licensees, nor permits decentralized trunked systems to operate without 
monitoring. We also tentatively agree with LMCC that the rule currently 
contains unnecessary provisions that should be removed. For example, 
Sec.  90.187(b)(2)(v) provides that a potential applicant that 
disagrees with a frequency coordinator's determination that the 
proposed operations would cause objectionable interference may ask the 
Commission to overturn the coordinator's determination, but Sec.  
90.175(a) already offers the same opportunity. Whether an incumbent is 
an ``affected licensee'' also depends on spectral separation. LMCC 
seeks to expand the definition of ``affected licensee'' in the context 
of proposed 12.5 kilohertz and 6.25 kilohertz bandwidth stations, 
depending on the authorized bandwidth of the incumbent station. It 
argues that these changes are necessary in order to avoid interference 
to licensees that migrate from 25 kilohertz bandwidth to 12.5 kilohertz 
or narrower bandwidth pursuant to the Commission's narrowbanding 
mandate. LMCC also suggests that these spectral separations be 
expressed in table form, rather than the current text descriptions. We 
seek comment on these proposals. Section 90.187 does not discuss how to 
account for systems that have no permanent base stations. LMCC now 
suggests that the rule be revised to treat mobile-only stations as 
follows: for systems where the authorized operating area is defined as 
a radius around geographic coordinates, contour calculations should be 
based on a mobile unit operating at the geographic coordinates; while 
systems where the license does not specify geographic coordinates for 
the authorized operating area (e.g., licenses authorizing operation 
within a particular county or state) would not be deemed ``affected 
licensees.'' We are not persuaded that LMCC's recommendations represent 
the optimal solution because placing the mobile units at the center 
coordinates tends to understate the system's potential to cause or 
receive interference. In addition, we see no basis for affording 
differing levels of protection depending on whether the mobile-only 
operating area is defined by a point-radius or a geographic unit. 
Consequently, while we seek comment on LMCC's proposals, we also ask 
commenters to address whether other feasible methods might more 
accurately approximate a mobile-only system's contours, such as using 
the boundary of the authorized operating area as the service contour 
and a specified distance therefrom as the interference contour. 
Finally, LMCC appears to suggest removing current Sec.  90.187(d), 
which permits potential applicants for centralized trunked operations 
to file written notice with a frequency coordinator, which will notify 
the other frequency coordinators, none of whom may accept a conflicting 
application for sixty days. The Commission added this

[[Page 19342]]

provision in 1999 in order to prevent ``strike'' applications against 
prospective applicants that have begun the process of seeking consent 
from existing stations. We note that Sec.  1.935 of the Commission's 
rules already prohibits the filing of mutually exclusive applications 
for the purpose of ``greenmail.'' We seek comment on this proposal.
    5. 470-512 MHz Band Offset Channels. In 1997, the Commission 
directed the certified frequency coordinators for the private land 
mobile radio services to reach a consensus on the applicable 
coordination procedures for the 12.5 kHz offset channels in the 470-512 
MHz band. That consensus is embodied in the LMCC procedures for 
evaluating adjacent channel interference in the 470-512 MHz band using 
the interference criteria of TIA/EIA/TSB-88 (TSB-88). The LMCC 
Consensus provides that an application shall not be certified if an 
incumbent or the applicant has unacceptable interference of more than 
five percent reduction of the calculated service area reliability. LMCC 
appears to suggest codifying this requirement in our rules. We believe 
that codifying the TSB-88 requirement could reduce confusion concerning 
the requirement, so we seek comment on this proposal. We also ask 
commenters to consider whether it is preferable to leave the 
requirement uncodified, so that the frequency coordinators can continue 
to modify the TSB-88 procedures without an amendment of the 
Commission's rules.
    6. Station Identification. Motorola urges the Commission to 
consider certain updates and changes to Sec.  90.425 of the rules 
governing the transmission of station identification information. It 
first notes that the Commission's rules permit 800 and 900 MHz stations 
that are licensed on an exclusive basis and normally employ digital 
emissions to transmit station identification in digital format, and 
that similar rules are under consideration for the 700 MHz public 
safety band, but that the rules do not provide the same flexibility for 
VHF or UHF PLMR licensees. Motorola suggests modifying Sec.  90.425 of 
the Commission's rules to allow the transmission of the required 
station identification using digital signals instead of Morse code. 
Motorola also notes that Sec.  90.425(e)(2) allows CMRS licensees to 
use a single call sign for commonly owned facilities that are operated 
as part of a single system, and requests that we afford similarly 
situated PLMR licensees the same flexibility. We seek comment on 
Motorola's proposals.

I. Procedural Matters

A. Ex Parte Rules--Permit-But-Disclose Proceeding

    7. This is a permit-but-disclose notice and comment rulemaking 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission's rules.

B. Comment Dates

    8. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415 and 1.419, interested parties may file comments on 
or before May 14, 2010 and reply comments on or before June 1, 2010. 
All filings related to this Second FNPRM should refer to WP Docket No. 
07-100.
    9. Electronic Filers: Comments may be filed electronically using 
the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or 
the Federal eRulemaking Portal: http://www.regulations.gov.
    10. Paper Filers: Parties who choose to file by paper must file an 
original and four copies of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    11. Filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    12. All hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8 a.m. to 7 p.m. All hand deliveries must be held together with rubber 
bands or fasteners. Any envelopes must be disposed of before entering 
the building.
    13. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    14. U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street, SW., Washington, DC 20554.
    15. People With Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

C. Paperwork Reduction Act

    16. This document does not contain proposed information 
collection(s) 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. Initial Regulatory Flexibility Analysis

    17. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared this present Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities by the policies and rules proposed in the Second FNPRM. 
Written public comments are requested on this IRFA. Comments must be 
identified as responses to the IRFA and must be filed by the deadlines 
for comments on the Second FNPRM as provided in paragraph 49 of the 
item. The Commission will send a copy of the Second FNPRM, including 
this IRFA, to the Chief Counsel for Advocacy of the U.S. Small Business 
Administration. In addition, a copy of the Second FNPRM and IRFA (or 
summaries thereof) will also be published in the Federal Register.
    Need for, and Objectives of, the Proposed Rules:
    18. This proceeding is part of our continuing effort to provide 
clear rules that are easy for licensees to comprehend. The Second FNPRM 
seeks comment regarding changes to certain regulatory requirements 
contained in part 90 of the Commission's rules pertaining to telemetry 
operations by railroad licensees, and trunking of private land mobile 
radio operations below 512 MHz.
    Legal Basis for Proposed Rules:
    19. Authority for issuance of this item is contained in sections 
4(i), 303(r), and 403 of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 303(r), and 403.
    Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply:
    20. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives: (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the

[[Page 19343]]

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) an exemption from 
coverage of the rule, or any part thereof, for small entities. See 5 
U.S.C. 601(3). Below, we further describe and estimate the number of 
small entity licensees and regulatees that may be affected by the rules 
changes proposed in this Second FNPRM.
    21. Private Land Mobile Radio Licensees. Private land mobile radio 
(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 small business size standard 
specifically applicable to PLMR users. The SBA rules do, however, 
contain a size standard for small radiotelephone (wireless) companies 
which encompasses, business entities engaged in radiotelephone 
communications employing no more that 1,500 persons. See 13 CFR 
121.201, NAICS code 517212. The SBA rules contain a definition for 
cellular and other wireless telecommunications companies, which 
encompasses business entities engaged in radiotelephone communications 
employing no more that 1,500 persons. The Commission's fiscal year 1994 
annual report indicates that, at the end of fiscal year 1994, there 
were 1,101,711 licensees operating 12,882,623 transmitters in the PLMR 
bands below 512 MHz. See Federal Communications Commission, 60th Annual 
Report, Fiscal Year 1994 at 120-121.
    22. Frequency Coordinators. Neither the Commission nor the SBA has 
developed a small business size standard specifically applicable to 
spectrum frequency coordinators. The SBA has developed a small business 
size standard for wireless firms within the two broad economic census 
categories of ``Paging'' and ``Cellular and Other Wireless 
Telecommunications.'' See 13 CFR 121.201, NAICS code 517212. Under both 
categories, the SBA deems a wireless business to be small if it has 
1,500 or fewer employees. For the census category of Paging, Census 
Bureau data for 2002 show that there were 807 firms in this category 
that operated for the entire year. See 13 CFR 121.201, NAICS code 
517211. Of this total, 804 firms had employment of 999 or fewer 
employees, and three firms had employment of 1,000 employees or more. 
Thus, under this category and associated small business size standard, 
the majority of firms can be considered small. For the census category 
of Cellular and Other Wireless Telecommunications, Census Bureau data 
for 2002 show that there were 1,397 firms in this category that 
operated for the entire year. See 13 CFR 121.201, NAICS code 517212. 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, under this 
second category and size standard, the majority of firms can, again, be 
considered small.
    23. RF Equipment Manufacturers. The Census Bureau defines this 
category as follows: ``This industry comprises establishments primarily 
engaged in manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' See 13 CFR 121.201, NAICS code 334220. The 
SBA has developed a small business size standard for Radio and 
Television Broadcasting and Wireless Communications Equipment 
Manufacturing, which is: All such firms having 750 or fewer employees. 
According to Census Bureau data for 2002, there were a total of 1,041 
establishments in this category that operated for the entire year. See 
U.S. Census Bureau, American FactFinder, 2002 Economic Census, Industry 
Series, Industry Statistics by Employment Size, NAICS code 334220 
(released May 26, 2005). Of this total, 1,010 had employment of under 
500, and an additional 13 had employment of 500 to 999. Thus, under 
this size standard, the majority of firms can be considered small.
    D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements:
    24. There are no projected reporting, recordkeeping or other 
compliance requirements.
    E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered:
    25. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives: (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) an 
exemption from coverage of the rule, or any part thereof, for small 
entities. See 5 U.S.C. 603(c).
    26. We believe the changes proposed in this Second FNPRM will 
promote flexibility and more efficient use of the spectrum, reduce 
administrative burdens, and allow licensees to better meet their 
communication needs. In this Second FNPRM, we seek comment on the 
proposals to modify the rules. Many of the proposed changes constitute 
clarification of existing requirements or elimination of existing 
limitations. Among other proposals, we seek comment on whether our 
trunking regulations should be refined for ease of understanding and to 
reduce the administrative and licensee regulatory burden. We also are 
considering the alternative of retaining the existing trunking 
regulations. The Second FNPRM also seeks comment on the feasibility of 
increasing the allowed power for end of train devices to provide a more 
robust communications link from the back of long trains.
    F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules:
    27. None.

III. Ordering Clauses

    28. Pursuant to Sec. Sec.  4(i), 303(r), and 403 of the 
Communications Act of 1934, 47 U.S.C. 154(i), 303(r), and 403, that 
this Second FNPRM is hereby adopted.
    29. Notice is hereby given of the proposed regulatory changes 
described in this Second FNPRM and comment is sought on these 
proposals.
    30. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Second FNPRM, 
including the Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    Part 90 of Chapter I of Title 47 of the Code of Federal Regulations 
is proposed to be amended as follows:

[[Page 19344]]

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    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).

    2. Section 90.7 is amended by adding definitions for ``centralized 
trunked system'' and ``decentralized trunked system'' in alphabetical 
order and by revising the definition of ``trunked radio system'' to 
read as follows:


Sec.  90.7  Definitions.

* * * * *
    Centralized trunked system. A system in which there is dynamic 
assignment of communications paths by automatically searching all 
communications paths in the system for and assigning to a user an open 
communications path within that system. Individual communications paths 
within a trunked system may be classified as centralized or 
decentralized in accordance with the requirements of Sec.  90.187.
* * * * *
    Decentralized trunked system. A system which monitors the 
communications paths within its assigned channels for activity within 
and outside of the trunked system and transmits only when an available 
communications path is found. Individual communications paths within 
trunked system may be classified as centralized or decentralized in 
accordance with the requirements of Sec.  90.187.
* * * * *
    Trunked radio system. A radio system employing technology that 
provides the availability to search two or more available 
communications paths and automatically assign a user an open 
communications path.
* * * * *
    3. Section 90.187 is revised to read as follows:


Sec.  90.187  Trunking in the bands between 150 and 512 MHz.

    (a) Applicants for centralized and decentralized trunked systems 
operating on frequencies between 150 and 512 MHz (except 220-222 MHz) 
must indicate on their applications (radio service and class of station 
code, instructions for FCC Form 601) that their system will be trunked. 
Licensees of stations that are not trunked may trunk their systems only 
after modifying their license (see Sec.  1.927 of this chapter).
    (b) Trunked systems operating under this section must employ 
equipment that prevents transmission on a trunked frequency if a signal 
from another system is present on that frequency. The level of 
monitoring must be sufficient to avoid harmful interference to other 
systems.
    (c) The monitoring requirement in paragraph (b) of this section 
does not apply to centralized trunked systems operating in the 470-512 
MHz band that meet the loading requirements of Sec.  90.313 of this 
part and have exclusive use of their frequencies in their service area.
    (d) The monitoring requirement in paragraph (b) of this section 
does not apply to centralized trunked systems if the application is be 
accompanied by written consent from all affected licensees.
    (1) Affected licensees for the purposes of this section are 
licensees (and previously filed pending applicants) meeting both of 
these criteria:
    (i) Spectral overlap. Licensees (and filers of previously filed 
pending applications) with an assigned (or proposed) frequency having a 
spectral separation from a frequency of the proposed centralized 
trunked station that does not exceed these values:

----------------------------------------------------------------------------------------------------------------
                                                             Incumbent authorized bandwidth
           Proposed station           --------------------------------------------------------------------------
                                                20 kHz                 11.25 kHz                  6 kHz
----------------------------------------------------------------------------------------------------------------
25 kHz...............................  15.0 kHz...............  15.0 kHz...............  15.0 kHz.
12.5 kHz.............................  15.0 kHz...............  7.5 kHz................  7.5 kHz.
6.25 kHz.............................  15.0 kHz...............  7.5 kHz................  3.125 kHz.
----------------------------------------------------------------------------------------------------------------


    Note: The left column is the authorized bandwidth requested for 
the proposed trunked station. The second row is the authorized 
bandwidth of the incumbent. The other cells in the table show the 
frequency range above and below the frequency of the proposed 
centralized trunked station that must be considered.

    (ii) Contour overlap. (A) Licensees (and filers of previously filed 
pending applications) with a service contour (37 dBu for stations in 
the 150-174 MHz band, and 39 dBu for stations in the 421-512 MHz band) 
that is overlapped by the proposed centralized trunked station's 
interference contour (19 dBu for stations in the 150-174 MHz band, and 
21 dBu for stations in the 421-512 MHz band), or with an interference 
contour that is overlapped by the proposed centralized trunked 
station's service contour.
    (B) The calculation of service and interference contours shall be 
performed using generally accepted engineering practices and standards, 
including appropriate derating factors, agreed to by a consensus of all 
certified frequency coordinators. Frequency coordinators shall make 
this information available to the Commission upon request.
    (1) Licensees (and filers of previously filed pending applicants) 
with no permanent base station may be deemed to be affected licensees 
for the purposes of this section only if center geographic coordinates 
are specified for the authorized operating area. In such a case, the 
contours set forth in paragraph (d)(1)(ii)(A) of this section shall be 
calculated with respect to a station located at the center coordinates.
    (2) After January 1, 2013, licensees with an authorized bandwidth 
exceeding 12.5 kHz will not be deemed affected licensees, unless the 
licensee meets the efficiency standard set forth in Sec.  90.203(j)(3).
    (3) The written consent from an affected licensee shall state all 
terms agreed to by the parties and shall be signed by the parties. The 
written consent shall be maintained by the operator of the centralized 
trunked station and be made available to the Commission upon request. 
An application for a centralized trunked station shall include either a 
certification from the applicant that written consent has been obtained 
from all affected licensees, or a certification from the frequency 
coordinator that there are no affected licensees.
    (4) The exclusive service area of a station that has been 
authorized for centralized trunked operation will be protected from 
proposed centralized trunked, decentralized trunked or conventional 
operations in accordance with the standards of paragraphs (d)(1)(i)(A) 
and (d)(1)(ii) of this section.
    (2) [Reserved]
    (e) Trunking of systems licensed on paging-only channels or 
licensed in the Radiolocation Service (subpart F of this part) is not 
permitted.

[[Page 19345]]

    (f) No more than 10 channels for new centralized trunked operation 
in the Industrial/Business Pool may be applied for at a single 
transmitter location or at locations with overlapping service contours 
as specified in paragraph (d)(1)(ii)(A) of this section. Subsequent 
applications for centralized trunked operation are limited to no more 
than an additional 10 channels, and must be accompanied by a 
certification, submitted to the certified frequency coordinator 
coordinating the application, that all of the applicant's existing 
channels authorized for centralized trunked operation at that location 
or at locations with overlapping service contours have been constructed 
and placed in operation. Certified frequency coordinators are 
authorized to require documentation in support of the applicant's 
certification that existing channels have been constructed and placed 
in operation. Applicants for Public Safety Pool channels may request 
more than 10 centralized trunked channels at a single location or at 
locations with overlapping service contours if accompanied by a showing 
of sufficient need. The requirement for such a showing may be satisfied 
by submission of loading studies demonstrating that requested channels 
in excess of 10 will be loaded with 50 mobiles per channel within a 
five year period commencing with the grant of the application.
    (g) If a licensee authorized for centralized trunked operation 
discontinues trunked operation for a period of 30 consecutive days, the 
licensee, within 7 days thereafter, shall file a conforming application 
for modification of license with the Commission.
    4. Section 90.238 is amended by revising paragraph (e) to read as 
follows:


Sec.  90.238  Telemetry operations.

* * * * *
    (e) In the 450-470 MHz band, telemetry operations will be 
authorized on a secondary basis with a transmitter output power not to 
exceed 2 watts on frequencies subject to Sec.  90.20(d)(27) or Sec.  
90.35(c)(30), except that telemetry operations used by Railroad 
licensees may be authorized on frequency pair 452/457.9375 MHz with a 
transmitter output power not to exceed 8 watts.
* * * * *
    5. Section 90.303 is amended by adding paragraph (d) to read as 
follows:


Sec.  90.303  Availability of frequencies.

* * * * *
    (d) Applications for stations in the 470-512 MHz band operating on 
assigned frequencies allotted for bandwidths of 12.5 kHz or less must 
demonstrate that the proposed operations will neither cause more than 
five percent degradation to adjacent-channel licensees (and filers of 
previously filed pending applications) nor incur more than five percent 
degradation from adjacent-channel licensees (and filers of previously 
filed pending applications), using the interference criteria of 
Telecommunications Industry Association/Electronics Industry 
Association Telecommunications Systems Bulletin 88 (TIA/EIA/TSB-88), 
Wireline Communications System--Performance in Noise and Interference-
Limited Situations--Recommended Methods for Technology-Independent 
Modeling, Simulation, and Verification (January 1998). For purposes of 
this paragraph, adjacent-channel licensees (and filers of previously 
filed pending applications) are stations with an authorized bandwidth 
of 20 kHz and an assigned frequency separated by 12.5 kHz or less from 
the proposed station, and stations with an authorized bandwidth of 
11.25 kHz and an assigned frequency separated by 6.25 kHz or less from 
the assigned frequency of the proposed station.
    6. Section 90.425 is amended by removing paragraph (e)(2), 
redesignating paragraph (e)(3) as (e)(2), and adding paragraphs (f) and 
(g) to read as follows:


Sec.  90.425  Station identification.

* * * * *
    (f) Stations subject to a station identification requirement will 
be permitted to use a single call sign for commonly owned facilities 
that are operated as part of a single system. The call sign must be 
transmitted each hour within five minutes of the hour, or upon 
completion of the first transmission after the hour.
    (g) Stations licensed in the 150-170 MHz and 450-470 MHz bands that 
are licensed on an exclusive basis, and normally employ digital signals 
for the transmission of data, text, control codes, or digitized voice, 
may also be identified by digital transmission of the call sign. A 
licensee that identifies its call sign in this manner must provide the 
Commission, upon request, information sufficient to decode the digital 
transmission and ascertain the call sign transmitted.

[FR Doc. 2010-7644 Filed 4-13-10; 8:45 am]
BILLING CODE 6712-01-P